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THE COMMISSIONERS COURTMcLENNAN COUNTYTHE STATE OF TEXASTO ALL PERSONS INTERESTEDNOTICE IS HEREBY GIVEN that in accordance with the Government Code Chapter 551 known as the Open Meetings Act asamended a special meeting of Commissioners Court the governing body of McLennan <strong>County</strong> will be held on Tuesday the 18th day ofOctober 2011 at 900 am in the Commissioners Courtroom 1st Floor West Wing McLennan <strong>County</strong> Courthouse City of WacoTexas at which time the subjects listed below will be considered AGENDAI PROOF OF POSTING OF NOTICE in accordance with the provisions of Chapter 551 041 Government Code asamended known as the Open Meeting ActII A MOMENT OF SILENCE INVOCATION PLEDGE OF ALLEGIANCEIII CONSIDERATION OF ANDOR ACTION ON THE FOLLOWINGA APPROVAL RATIFICATION OF PROCLAMATIONS RESOLUTIONSB HEARING FROM MEMBERS OF THE PUBLIC ON COUNTY BUSINESS MATTERSC ITEMS PREVIOUSLY DEFERRED1 <strong>County</strong> Property Courthouse Roofing Projecta Request from the THC relative to Display of Artifacts from the Courthouse Roof Project Authorizations Relative toStorage of Artifacts etcb Johnson Roofing Payment Application No 112 Bids RFP s Previously Deferred Bid No 11 029 Voter Registration Certificates for Mass Mailout3 Contracts Agreementsa Approval of Administrative Services Agreement between McLennan <strong>County</strong> and Scott White Health Plan regardingAssistance in Administering the <strong>County</strong> s SelfInsurance Plan for Health Coverage related documentsb Authorization of FY 12 Renewal of Internet Connection Agreement Time Warner4 <strong>County</strong> Shera Authorizations re Renewal of Agreement for Medical Director Physician Servicesb Re Inmate Food Services Agreement The Compass Group USA Inc by and through Canteen Correctional ServicesDivision COMPASS Authorization of First Amendment for FY 125 <strong>Personnel</strong> <strong>Salary</strong> <strong>Matters</strong> <strong>County</strong> <strong>Budget</strong> <strong>Office</strong>D RIGHT OF WAY PURCHASE USE CONVEYANCE andor CONDEMNATION Authorization Action onExpansion Repair <strong>Projects</strong> <strong>including</strong> but not limited to Easements Offers Contracts to Purchase ROW Contracts for SaleContracts re Appraisal Surveying Services ROW Acquisition Sale Auth for Legal Counsel re Eminent DomainCondemnation Proceedings Execution of Legal DocumentsE REGARDING COUNTY PROPERTY andor CONSTRUCTION PROJECTS Renovations Repair IndemnificationRegarding Cleaning Maintenance <strong>Projects</strong> Space Allocations Furnishings Equipment Architectural Services InvoicesApproval of Pay Applications Change Orders Contracts Lease Agreements Certificates of Substantial CompletionAuthorizations Regarding Sale Lease Acquisition of Property1 Re Courthouse Roofing Project Authorization re Courthouse Roofing Project <strong>including</strong> but not limited toa Authorization re Texas Historical Commission Requirements Antiquities Permit Historic BuildingsStructures Update Authorizations re THC Emergency Grant Funding TIF Funding related matters as neededb Johnson Roofing Contract Authorization for Additional Services Change Orders Work OrdersAddendums Updates Related <strong>Matters</strong>1 Authorization of Change Order 5c Structural Engineering Services Cross Winton Engineering Authorizations of Change Orders PaymentAuthorizations Acceptance of Reports Updates related mattersd Architectural Services Architexas Authorization for Change Orders Work Orders Acceptance of Reports PaymentAuthorizations related mattersF AUTHORIZATIONS RE CONTRACTS LEASE AGREEMENTS INTERLOCAL AGREEMENTS1 Economic Developmenta Waco McLennan <strong>County</strong> Economic Development Corporation WMCEDC Authorization of AgreementsConsultant Services Proposed <strong>Projects</strong> Addendums Pay Apps Program Project Agreements2 Authorization of Maintenance Service Agreementsa CTWP Human Resources <strong>County</strong> Sheriffb IKON Justice of the Peace Precinct 1 Place 1c <strong>Office</strong> Systems 2000 Inc District Clerk3 Authorization to Renew Contract with Mackie Business Forms Inc for Printing Letterhead and EnvelopesPer previously awarded Bid 11 001 for period of1211 11 30 124 Authorization of Fuelmaster Fuel Management System Super Extended Maintenance AgreementG REGARDING THE COUNTY BUDGET Amendments Requestsfor Amendments and related Certification ofAdditional Revenue if applicable Expenditure Requests other budgetary requests1 Regarding the FY 2011 <strong>Budget</strong>a 54 District Court Fund 161G <strong>County</strong> <strong>Budget</strong> Continued2 Regarding the FY 2012 <strong>Budget</strong>a District Clerkb Road Bridge Precinct 2 Authorization of TACERA MembershipsH COUNTY SHERIFF JAIL CRIMINAL JUSTICE ISSUES <strong>County</strong> Operated Privately Operated JailFacilities Change Orders Pay Apps Repairs Renovations Infrastructure Improvements <strong>Personnel</strong> <strong>Salary</strong><strong>Matters</strong> Equipment Purchases RFP s Authorization of Contracts Agreements Amendments to Agreements1 Regarding the Downtown Jail Retrofit Project Authorization of Payment Application No 4 CCC Group IncI HEART 0 TEXAS FAIR Authorizations re Contracts Professional Services Lease Rental AgreementsContract Addendums Change Orders Extensions Property Transactions Deeds Insurances Surveys Proposals HOT FairContinued Equipment Supplies Authorizations re Purchases Plan Specifications Construction Operations PayApps Bids RFPs Repairs Renovations Expenditure Authorizations related mattersJ GRANTS PROPOSALS SPECIAL PROJECTS Authorization of Grant Applications Contracts GrantAdministration Reporting <strong>Matters</strong> Consulting Services Pay Apps Change Orders Bids Invoices Legal<strong>Matters</strong> related legal matters documentsK BIDS RFP s RFA s QUOTATIONS for GOODSDisclosure Statements if applicableSERVICES <strong>including</strong> Recording of Vendor HB 914 ConflictAgenda continued on page 2


Agenda continued from page tL CONSENT AGENDA ITEMS1 Reading Approval of Previous Meeting Minutes Acceptance of Amendments Supplements CorrectionsRecording into the Court Minutes of Previously Approved Documents Items Not Requiring Court Action HB914 Conflict Disclosure Statements as applicable2 Financial Obligations of McLennan <strong>County</strong>a Authorization for <strong>County</strong> Treasurer to Pay <strong>County</strong> Checks Wire Electronic Transfers Issued Since Last Authorizationb <strong>County</strong>Treasurer and or <strong>County</strong> <strong>Budget</strong> <strong>Office</strong>r Interest Investment Reports Authorizations Recording ofMcLennan <strong>County</strong> Investment Policy Acknowledgement Forms Pooled Cash Account Balance Report1 Authorization of Addition of Positive Pay Service for Online Banking as a Service under the <strong>County</strong> Agreement withits Depository Bank Approval for <strong>County</strong> Judge <strong>County</strong> Treasurer and other required Officials if any to Executesuch Instruments as are Necessary to Activate the Service3 Human Resources <strong>Salary</strong> <strong>Matters</strong> BenefitsStatus FormsRevisions to <strong>Salary</strong> Schedules AuthorizationsRegarding Human Resources Issues Revisions to Human Resources Policies Compensation ClassificationIssues <strong>Personnel</strong> Reviews Reclassifications Administrative Guidelines Consultant ReportsRecommendations Job Descriptions Postings Related <strong>Matters</strong>a <strong>County</strong> Sheriffb Information Technologyc Maintenance of Buildings4 Authorizations RatificationsRe RFP s Bids Advertisements Publications Public Notices Sole SourceDeterminations Surplus Scrap Property Determinations Recording of Legal Notificationsa Authorization of Advertisements for RFQs Bids RFP s1 Authorization of Public Hearing Public Notice relative to Taxation of GoodsinTransitor Education Requests Ratificationsa Texas AgriLife Extension Service5 Travel andb District Attorneyc Road Bridge Precinct 2d Tax <strong>Office</strong>6 Acceptance Non Acceptance ofOfficials <strong>County</strong> Department Head Staff Organization Reports UpdatesPolicy Recommendations Reports relative to <strong>County</strong> Contracts Agreements Programs Recording ofEducational or Insurance Certificates Awards Bonds Presentations to the Courta Linebarger Goggan Blair Sampson LLP Activity report on Delinquent Tax Collections August and September 2011b Health Services DepartmentMonthly Activity Report September 2011 End of Year Reportsc Texas AgriLife Extension Service Monthly Activity Report September 20117 Commissioners Court discussion on consideration of and or Action ona Authorizations re Order Prohibiting Outdoor Burning in the Unincorporated Areas of McLennan <strong>County</strong>b Ratification of Purchase Designation of Authorized Purchaserc Authorization of Tax ReSale Deeds1 MCAD 280350000118036 Lot 8 Block 10 Riddle Addn City of Waco McLennan <strong>County</strong> Texas2 MCAD 480348000090009 Lot 23 Block 237 Reynolds Addn City of Waco McLennan <strong>County</strong> Texas3 MCAD 480348000121006 Lot 21 FKA Lots B13 A14 Block 238 Reynolds Addn City of Waco McLennan<strong>County</strong> Texasd Authorization of McLennan <strong>County</strong> Auction Rene Bates related Ad Notice Order Declaring CertainProperty as Surplus and Authorizing Disposition of Samee Authorization re Texas Association of Counties Risk Management Pool Various Insurance Coverages <strong>including</strong> butnot limited to Crime Automobile Liability General Liability Public Officials Liability and Law Enforcement LiabilityCoverage Coverage Documents Driver Exclusions Invoicesf Authorization of Resolution relative to CUC Policy Committee NominationM Commissioners Court Work Session Information gathering discussions status reports updates and orpresentations on any or all of the items listed below no action will be taken by the Court on items presented in this part of themeeting Discussion re Future Work Session ItemsIV Executive Session A closed meeting will be held pursuant toA Section 551 072 of the Government Code V C TA regarding Real Property <strong>including</strong> but not limited to1 RightofWay acquisitions re Expansion Repair Project s 2 Real Estate Purchase Sale Lease TransferOffers to Purchase Acquisition Value Donation of Real Property Leases relative to Real Property <strong>including</strong>but not limited to 1 Potential Properties for use as <strong>County</strong> Public Facilities 2 Re TxDOT Precinct 1 Barn Property3 Possible Purchase of Property for Precinct 1 Barn Relocation2 Section 551 071 of the Government Code VCTA so that the Commissioners Court can seek and receive legaladvice from its attorneys regarding pending or threatened litigation settlement offers claims or other mattersRules of Professionalfor which the attorneys duties to their client under the Texas State Bar DisciplinaryConduct conflicts with the Open Meetings Act Ch 551 Gov Code <strong>including</strong> but not limited to pending orthreatened lawsuits potential liabilities legal obligationsrights and potential legal exposure regardinghistoricalantiquities laws and regulations contracts and conduct of Courthouse roof project and any othermatter on the agenda for which legal advice is needed <strong>including</strong> but not limited to such matters related toPrairie Chapel School Property Dispute Community Education Centers Inc Facility Operation and ManagementAgreements and related Addendum Downtown Jail Facility and Jack Harwell Detention Center andPublic Facilities Corporation Project Revenue Bonds Series 2009 Agreement for Medical Director Physician087 of the Government Code V C TA Regarding Economic Development Negotiations <strong>including</strong>but not limited to 1 discussion of commercialfinancial information received from a business prospectand or2 discussion re offers of financial or other incentives to a business prospect074 of the Government Code V CTA Regarding <strong>Personnel</strong> <strong>Matters</strong> of the following DepartmentsMental Health Court Services Department Jail Medical Department Medical Director Physician Services3 Section 5514 Section 551Signed this th day of October 2011or McLennan <strong>County</strong>ServicesJIM L IS <strong>County</strong> JudgeSTATE OF TEXASCOUNTY OF MCLENNANIJ ANDY HARWELL <strong>County</strong> Clerk and the ExOfficio Clerk to the Commissioners Court hereby certify that the above and foregoing is a trueand correct copy o EETINGposted by me at the Courthouse door in Waco McLennan <strong>County</strong> Texas where notices are customarilyposted this the 1 day ofI2011 at oclock jm Witness my hand and seal of office at Waco McLennan <strong>County</strong> Texas this 3day of 1tir 2011 JIM ANDY HARWELL <strong>County</strong>Clerk McLennan <strong>County</strong> TexasByDeputy SEALNOTICE Persons with disabilities in need of auxiliary aids or services may contact the <strong>County</strong> Judee s <strong>Office</strong> 254 7575049 prior to meetine date


OCT 18 2011JA ANDY HARWELL CeYIOAMr Lannon <strong>County</strong> bassBy KELLY FULLER GMT DEPUTY


AGENDA OCTOBER 18 2011II A MOMENT OF SILENCE INVOCATION PLEDGE OF ALLEGIANCECD107900<strong>County</strong> Judge Jim Lewis stated that at this time we will have a moment of silence <strong>County</strong> Judgethen stated that we will now have the Pledge of Allegiance led by our <strong>County</strong>Veteran Service <strong>Office</strong>rJim Lewis


AGENDA OCTOBER 18 2011III CONSIDERATION OF AND OR ACTION ON THE FOLLOWINGB HEARING FROM MEMBERS OF THEPUBLIC ON COUNTY BUSINESS MATTERSNo One SpokeCD107900<strong>County</strong> Judge Jim Lewis opened the floor to anyone presentwho wished to address the Court on mattersrelating to the business of the <strong>County</strong> Not hearing anyone speak <strong>County</strong> Judge Jim Lewis closed the hearing


AGENDA OCTOBER 18 2011III CONSIDERATION OF AND OR ACTION ON THE FOLLOWINGC ITEMS PREVIOUSLY DEFERRED1 <strong>County</strong> Property Courthouse Roofing ProjectaRequest from the THC relative to Display ofArtifacts from the Courthouse Roof ProjectAuthorizations Relative to Storage of Artifacts etcb Johnson Roofing Payment Application No 11Approveds Previously DeferredVoter Registration2 Bids RFPBid No 11 029ApprovedCertificates for Mass MailoutApproved3 Contracts Agreementsa Approval of Administrative Services Agreement betweenMcLennan <strong>County</strong> and Scott White Health Plan regardingSelfInsurance PlanAssistance in Administering the <strong>County</strong> sfor Health Coverage related documentsKept Deferredb Authorization of FY 12 Renewal of Internet ConnectionAgreementTime WarnerApproved4 <strong>County</strong> Sheria Authorizations re Renewal of Agreement for MedicalKeptDirector Physician Servicesb Re Inmate Food Services Agreement The Compass GroupUSA Inc by and through Canteen Correctional ServicesDivision COMPASS Authorization of First Amendmentfor FY 12DeferredKept Deferred5 <strong>Personnel</strong> <strong>Salary</strong> <strong>Matters</strong> <strong>County</strong> <strong>Budget</strong><strong>Office</strong> DeniedCD107900


ORDER APPROVINGREQUEST FROM THE THC RELATIVE TO DISPLAY OF ARTIFACTSFROM THE COURTHOUSE ROOF PROJECT AUTHORIZATIONSRELATIVE TO STORAGE OF ARTIFACTS ETCRE TEXAS HISTORICAL COMMISSIONRE COURTHOUSE ROOFING PROJECT RE COUNTY PROPERTYOn this the 18 day of October 2011 came on for consideration the matter of <strong>County</strong> PropertyCourthouse Roofing Project Request from the THC relative to Displayof Artifacts from theCourthouse Roof Project Authorizations Relative to Storage of Artifactsetc The Courtdiscussed with Building of Maintenance Director Sammy Sykora storingartifacts from theCourthouse Roofing Project in the Archives building and that Mr Sykora will be the only personwith a key After discussion Commissioner Mashek made a motion that McLennan <strong>County</strong> willloan an eagle which was atop the original Courthouse and the pilaster capital for the BobBullock Texas History Museum and it was seconded by Commissioner Snell and duly passed byunanimous vote It is ordered by the Court that said Authorization be and the same is herebyapprovedCommissioner Mashek made a motion that McLennan <strong>County</strong> also loan other ornamentalitems off the original Courthouse structure to the Bob Bullock History Museum and it wasseconded by Commissioner Snell and duly passed by unanimous vote It is order bysaid Authorization be and the same is hereby approvedthe Court that


From Dustin Chapman mailtodustin chapman@co mclennan tx usSent Monday September 19 2011906 AMTo Lynne LockwoodSubject FW Finally photos of THC artifactsLynnePlease see the below from BessFrom Bess Graham mailtoBess Graham@thc state tx usSent Friday September 16 2011 10 26 AMTo Dustin ChapmanSubject FW Finally photos of THC artifactsDustinWe may have the opportunity to display artifacts from the McLennan CCH at the Bob Bullock TexasHistory Museum Would the county be interested in donating or loaning an eagle and a pilaster capitalfor this purposeId also like to see if other museums might be interested in these pieces of ornament Does the countyhave space to store these artifacts with the eagles I know Johnson Roofing will want to clear theirworkshop soon We should start planning what to do with them both in the short term and the longtermBessBess Althaus Graham AIA NCARB LEEDTM APArchitectTexas Historic Courthouse Preservation ProgramDivision of ArchitectureTexas Historical CommissionDEFERRED BY COMMISSIONERS COURTPO Box 12276 THIS DA F Ser i 201LAustin Texas 78711v 512 463 3857f 512 463 6095 JUDGEe bess graham@thc state tx uswww thcstatetx usDEFERRED BY COMMISTHIS AYIONERS COURT


OCT 1 8 2011JA ANDY HARWELL GiiiirliYalifitMr Lannan MUMBy Katx FLLLMOliT DEPUTY


ORDER APPROVINGJOHNSON ROOFING PAYMENT APPLICATION NO 11RE COURTHOUSE ROOFING PROJECT RE COUNTYPROPERTYOn this the 18 day of October 2011 came on for consideration the matter of <strong>County</strong> PropertyCourthouse Roofing Project Johnson Roofing Payment ApplicationNo 11 CommissionerMashek made a motion to approve and it was seconded by Commissioner Gibson and dulypassed by unanimous vote It is ordered by the Court that said Authorization be and the same ishereby approved


N214 N Fourth Street Suite 100Stan Chambers CPAWaco TexasAv i i Voice 254 7575156<strong>County</strong> Auditor Fax 254 7575157stanchambers@co Mclennan tx us JOHNSONryROOFING INC COURTHOUSEROOF ThisApplicationNo 11 in the amountof 178 589 33 187988 77 Tess retainage of 9399 44 has been audited and is certified eligible for payment out of McLennan <strong>County</strong> Fund401 CONTRACTTO DATE SUMMARY PaymentGrossApplicationsPaymentLess Net of ApplicationsRetainage Retainage PreviousApplications1 237 084 81 61 854 24 1 175 230 57 ThisApplication187 988 779 399 44 178 589 33Cumulative1 425 073 58 71 253 68 1 353 819 90 StanChambers CPA <strong>County</strong>Auditor Approvedfor payment this day of Oa out of McLennan <strong>County</strong> Fund401 ByJiewis<strong>County</strong> Judge


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OCT 18 2011JA ANDY HARWELL C9uWarman c<strong>County</strong> MossBy KELLY FULLB RIGHT DEPUTY


BID NO 11029 VOTER REGISTRATION CERTIFICATES FOR MASS MAILOUTOn this the 18 day of October 2011 came on for consideration the matter of openingbids andawardingcontract for Bid No 11029 Voter Registration Certificates for Mass Mailout and itappearing to the Court that said bids had been heretofore received and opened on October 112011 as recorded on Page 176 of these minutes and deferred until this date The following bidswere opened and received as followsNamesAmountRespondentsInformation Management SolutionsLCSan Antonio TX 78217S27 260 00Data FlexFt Worth TX 76109 29 015 80Field Business FormsWaco TX 76708 50 134 45Accurate Forms SuppliesHurst TX 760543654 50 535 81Mackie Business FormsHewitt TX 76643No BidBear Graphics IncTyler TX 75709 32 669 58Color Graphics CoHewitt TX 766432319 27 998 22Judge Lewis stated that it is recommended the award go to Information Management SolutionsLLC at low bid After discussion Commissioner Gibson made a motion to approveand it wasseconded by Commissioner Mashek and duly passed by unanimous vote It is ordered by theCourt that said Bid No 11029 Voter Registration Certificates for Mass Mailout be and thesame is hereby awarded as per recommendation


KEPT DEFERREDADMINISTRATIVE SERVICES AGREEMENT BETWEEN MCLENNANCOUNTY AND SCOTT WHITE HEALTH PLAN REGARDINGASSISTANCE IN ADMINISTERING THE COUNTY S SELF INSURANCEPLAN FOR HEALTH COVERAGE RELATED DOCUMENTSRE CONTRACTSAGREEMENTSOn this the18 day of October 2011came on for consideration the matter of ContractsAgreements Approval of Administrative Services Agreement between McLennan <strong>County</strong> andScottWhite Health Plan regarding Assistance in Administering the <strong>County</strong> sSelf InsurancePlan for Health Coverage related documents Commissioner Mashek made a motion to keepdeferred and it was seconded by Commissioner Perry and duly passed byunanimous vote It isordered by the Court that said Authorization be and the same is hereby kept deferred


ORDER APPROVINGAUTHORIZATION OF FY 12 RENEWAL OF INTERNETCONNECTION AGREEMENT TIME WARNERRE CONTRACTS AGREEMENTSOn this the18 day of October 2011came on for consideration the matter of ContractsAgreements Authorization of FY 12 Renewal of Internet Connection AgreementTime WarnerCommissioner Gibson made a motion to approve and it was seconded by Commissioner Perryand duly passed by unanimous vote It is ordered by the Court that said Authorization be and thesame is hereby approved


FIRST AMENDMENT TO DEDICATED ACCESS SERVICE AGREEMENTTHIS SECOND AMENDMENT TO DEDICATED ACCESS SERVICE AGREEMENTthis Amendment is made as of Oes VectZ 2011 between the Time WarnerE n torta i n m e ntAdvance Newhouse Partnership dba Time Warner Cable through its Texas RegionTWC and McLennan <strong>County</strong> CustomerWHEREAS Customer and TWC have entered into that certain Dedicated Access ServiceAgreement dated as of June 4 2008 collectively the AgreementWHEREAS Customer and TWC desire to amend the Agreement as set forth below andNOW THEREFORE in consideration of the foregoing of the mutual promises made by theparties hereto and of other valuable consideration the receipt and sufficiency of which are herebyacknowledged the parties hereto intending to be legally bound agree to modify the terms of theAgreementas follows1 TWC shall increase Customerexisting Dedicated Internet Access DIA service from10mbps Upload and 10mbps Download to 50mbps Upload and 50mbps Download theUpgraded Circuit Upon the completion of the installation of the Upgraded CircuitsTWC shall provide Customer with a Completion Notice the 2011 Upgrade CompletionNotice2 Effective as of the date of the 2011 Upgrade Completion Notice the Monthly RecurringFee for the Upgraded Circuits shall increase by 200from 1245 00 per month to1445 00 per month3 The Initial Term of the Agreement is hereby extended to expire on October 15 20144 Exhibit C of the Agreement is hereby amended and restated to read as followsTermination for Non Appropriation Customer intends to fulfill each Service Order fortheir respective Order Terms if funds are legally available to pay the applicable ServiceCharges provided however that Customer may terminate apenalty or liability if funds sufficient to pay CustomerobligationsOrder are not appropriated At least thirty 30 days priorService Order withoutunder such Serviceto the end of the then currentfiscal year or if non appropriation has not occurred by such date immediately upon nonappropriation Customer shall certify in writing that funds have not been appropriated forthe fiscal periodExcept as hereby amended all other provisions of the Agreementieffect as originally written andii are hereby confirmed and ratified byof any conflict between the terms of this Amendment and the terms of the AgreementAmendment shall controlremain in full force andTWC and Customer In the eventthe terms of thisEXHIBIT A Page 1


IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed bytheir duly authorized representativesas of the date first written aboveCUSTOMERTWCMcLennan <strong>County</strong>Time Warner EntertainmentAdvance NewhousePartnership dba Time Warner Cable through itsTexas Region with offices located at 750By Canyon Dr Coppell TX 75019 TWCName u ISTitlewDGrDatetolett ByNameTitle4unter VotawCommercial Sales Director TexasDate 61 YREA OCT 18 2011EXHIBIT A Page 2JA ANDY HARWELL Ceutt10Ntt Annan <strong>County</strong> RussSy KELLY FULL IGT DEPUTY


KEPT DEFERREDAUTHORIZATIONS RE RENEWAL OF AGREEMENT FORMEDICAL DIRECTOR PHYSICIAN SERVICESRE COUNTY SHERIFFOn this the 18 day of October 2011 came on for consideration the matter of <strong>County</strong> SherAuthorizations re Renewal of Agreement for Medical Director Physician ServicesCommissioner Gibson made a motion to defer C 4 a and it was seconded simultaneously byCommissioner Mashek and Commissioner Snell and duly passed byby the Court that said Authorization be and the same is hereby kept deferredunanimous vote It is ordered


KEPT DEFERREDAUTHORIZATION OF FIRST AMENDMENT FOR FY 12RE INMATE FOOD SERVICES AGREEMENT THE COMPASS GROUP USA INCBY AND THOUGH CANTEEN CORRECTIONAL SERVICES DIVISION COMPASSRE COUNTY SHERIFFOn this the 18 day of October 2011 came on for consideration the matter of <strong>County</strong> Sheri ReInmate Food Services Agreement The Compass Group USA Inc by and though CanteenCorrectional Services Division COMPASSAuthorization of First Amendment for FY 12Commissioner Gibson made a motion to defer and it was seconded byCommissioner Snell andduly passed by unanimous vote It is ordered by the Court that said Authorization be and thesame is hereby kept deferred


ORDER DENYINGCOUNTY BUDGET OFFICERE PERSONNELSALARY MATTERSOn this the 18 day of October 2011 came on for consideration the matter of <strong>Personnel</strong> <strong>Salary</strong><strong>Matters</strong><strong>County</strong> <strong>Budget</strong> <strong>Office</strong> After discussion Commissioner Mashek made a motion to deny and it wasseconded Commissioner Gibson After further discussion a vote being called for votingin favor of saidmotion was Commissioners Mashek Gibson Snell and Perry with Judge Lewis voting in oppositionIt isordered by the Court that the said the Payroll Status Form be and the same is hereby denied by majorityvote


ReceivedMcLennan <strong>County</strong> Texas SEP 2 3 2011PAYROLL STATUS FORMMcLennan <strong>County</strong> judosLAST NAME FIRST NAME MI EMPLOYEE ID NO EFFECTIVE DATEr Ea n10 L n M A 1 5 04 lo ttJob TitleNew Hire Promotion Reclassification Lateral Move Separation fromOther Demotion argalary Adjustment Merit Increase <strong>County</strong> EmploymentJob Code NumberDepartment NamePosition NumberSystemGradeMonthly AmountAnnual AmountF<strong>Salary</strong> Survey<strong>Salary</strong> Survey<strong>Salary</strong> SurveyMinMidMaxFULLTIME EMPLOYEESSALARY SCHEDULE FOR POSITION SOUGHTEXISTING PROPOSED REVISION FROMACTUAL SALARYASS B A AS54 ok SAB05 d7 5 E7 SSryTOp 4 0 61 4 1 V 1t47Pk 3 v i9 30 ft3F X03 3 330 s a 0014 Co b 1Ss coo O 0 4g 4 00 0 0 S a t00 o3t3 041 1 i FSA STATUSt3 S 144 IDEPARTMENT NAME HOURLY RATEHOURLY EMPLOYEESNon ExemptDATE OF HIRE1 3 1 tThe CommissionerCourt annually sets the standard rate for hourly employeesCommissioners Court approval of this form is only necessary if the hourly pay ratestated exceeds the standard rate Call the HR Dept for the standard rateACCOUNT CODING For <strong>County</strong> Auditor s UseFUND COST CENTER OBJECT PROJECT MONTHLY SALARY PERCENTAGETotal 100APPROVALSSee Note 1 f3tt p orvteceeDEPARTMENT HUMAN RESOURCES COUNTY SWISYSIM COMMISSIONERS COURTA line item bud t transfer ApprovedThis proposed action isis is not required if AcceptedI hereby approve the above action is not within the established approved by CommissionerCourtDeniedi esof cLenn <strong>County</strong> See attached if required DateNote 1 Signature bl s should be marked NA if approval is kl n equired for is action o proval by the Commissioners Court is required foractions affecting ho y employees unless their hourly rate exceeds the fiscal year s adopted st dard hourly rate Separations from employment requireonly the departments approval as to effective date COMMENTSj LPEktOC 1 I 0BYA ANDY HMWs6y KELLY FULLERICHDEPITt YOriginal<strong>County</strong> Clerk Green Treasurer Canary Human Resources DepartmentGoldenrodOriginating Department


AGENDA OCTOBER 18 2011III CONSIDERATION OF AND OR ACTION ON THE FOLLOWINGE REGARDING COUNTY PROPERTY andor CONSTRUCTION PROJECTSRenovation Repair Indemnification Regarding Cleaning Maintenance <strong>Projects</strong> SpaceAllocations Furnishings Equipment Architectural Services Invoices Approval of PayApplications Change Orders Contracts Lease Agreements Certificates of SubstantialCompletion Authorizations Regarding Sale Lease Acquisition of Property1 Re Courthouse Roofing ProjectCourthouse Roofing Project <strong>including</strong>Authorizations rebut not limited toa Authorization re Texas Historical Commission RequirementsAntiquities Permit Historic Buildings Structures UpdateAuthorizations re THC Emergency Grant Funding TIFFundingrelated matters as neededNoneb Johnson Roofing Contract Authorization for AdditionalServices Change Orders Work Orders AddendumsUpdatesRelated <strong>Matters</strong>1 Authorization of Change Order 5 Approvedc Structural Engineering Services Cross Winton Engineering NoneAuthorizations of Change Orders Payment AuthorizationsAcceptance of Reports Updates related mattersd Architectural Services Architexas Authorization for Change NoneOrders Work Orders Acceptance of Reports PaymentAuthorizations related mattersCD107915


ORDER APPROVINGAUTHORIZATION OF CHANGE ORDER 5RE JOHNSON ROOFING CONTRACTRE COURTHOUSE ROOFING PROJECTOn this the18 day of October 2011came on for consideration the matter Re CourthouseRoofing Project Authorizations re Courthouse Roofing Project <strong>including</strong>but not limited toJohnson Roofing Contract Authorization for Additional Services ChangeOrders Work OrdersAddendums Updates Related <strong>Matters</strong> Authorization of ChangeOrder 5 CommissionerMashek made a motion to approve Change Order 5 and it was seconded by CommissionerGibson and duly passed by unanimous vote It is ordered by the Court that said Authorization beand the same is hereby approved


AGENDA OCTOBER 18 2011III CONSIDERATION OF AND OR ACTION ON THE FOLLOWINGF AUTHORIZATIONS RE CONTRACTSINTERLOCAL AGREEMENTSLEASE AGREEMENTS1 Economic Developmenta Waco McLennan <strong>County</strong> Economic Development CorporationWMCDEC Authorization of Agreements ConsultantServices Proposed <strong>Projects</strong> Addendums Pay AppsProgram Project AgreementsNone2 Authorization of Maintenance Service Agreementsa CTWP Human Resources <strong>County</strong> Sheriffb IKON Justice of the Peace Precinct 1 Place 1c <strong>Office</strong> Systems 2000 Inc District ClerkApprovedApprovedApproved3 Authorization to Renew Contract with Mackie Business Forms ApprovedInc for Printing Letterhead and Envelopes Per previouslyawarded Bid 11001 for period of1211 11 30 124 Authorization of Fuelmaster Fuel Management System ApprovedSuper Extended Maintenance AgreementCD107916


ORDER APPROVINGMAINTENANCE SERVICE AGREEMENTSCTWP HUMAN RESOURCES COUNTY SHERIFFIKON JUSTICE OF THE PEACE PRECINCT 1 PLACE 1ANDOFFICE SYSTEMS 2000 INC DISTRICT CLERKOn this the 18 day of October 2011 came on for consideration the matter of Authorization ofMaintenanceService Agreements CTWP Human Resources <strong>County</strong> Sheriff IKON Justice ofthe Peace Precinct 1 Place 1 and <strong>Office</strong> Systems 2000 Inc District Clerk CommissionerGibson made a motion to approve 2 a b c by acclamation and it was seconded byCommissioner Snell and duly passed by unanimous vote It is ordered bythe Court that saidMaintenanceService Agreements be and the same are hereby approved


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ORDER APPROVINGAUTHORIZATION TO RENEW CONTRACT WITH MACKIE BUSINESSFORMS INC FOR PRINTING LETTERHEAD AND ENVELOPESPER PREVIOUSLY AWARDED BID 11001 FOR PERIOD OF 12 11 11 30 12On this the 18 day of October 2011came on for consideration the matter of Authorization toRenew Contract with Mackie Business Forms Inc for Printing Letterhead and Envelopes Perpreviously awarded Bid 11 001 for periodof1211 11 30 12 Commissioner Mashek made amotion to approve and it was seconded by Commissioner Perry and duly passed by unanimousvote It is ordered by the Court that said Authorization be and the same is hereby approved


AMEWELIItt rOCT 12 2011r I11IiffI11EJUDGEtimeta 74rartrAirPTTxAsKen BassDirector of Purchasing Ph 254 7575016214 North 5 Street Fax 254 7575068Waco Texas 76701amailken bass@co mclennan tx us October18 2011 ReRequestto Renew Bid 11 001 Printing Letterhead and Envelopes CommissionersCourt McLennan<strong>County</strong> currently has a contract with Mackie Business Forms Inc for Printing Letterhead andEnvelopes The initial term for this contract was from December1 2010 through November 30 2011The bid included an option to renew annually if prices remain the same or there is no more thana 3 increaseat the discretionof the CommissionersCourt Weconsulted with Larry Mackie and receivedaletter from him stating he is willing to extend the currentcontract for another year with a 3 increasein prices This increase would bring Mackie sbidprice from 42 528 75 to 43 804 61 Even with this increase the pricingislowest proposal received last year Westill lower than the nextbring before the court the option to renew this contract for another year witha 3 increasein pricesIf the Court approves the renewal the contract term will extend from December1 2011 throughNovember 30 2012 ThankYou APPROVEDBY COMMISSIONERS COURT THISOF 2011nBassfJUDGE


09 26 2011 16 58 2546661114 MACKIES PAGE 01Mackie Business Forms IncBUSINESS FORMS GENERAL PRINTING OFFICE SUPPLIES COMPUTER SU PP LIESADVERTISING SPECIALTIES RUBBER STAMPS TROPHIES PLAOUES AWARDS ENGRAVED SIGNSPO Box 308520 Hewitt DriveHewitt Texas 76 643254 666 11111114September 26 2011 Fax 254 666McLennan <strong>County</strong>Attn BeckyWe would like to renew the Letterhead and Envelope bid of 2011with a 3 increase for 2012ThanksLarry MackieVice PresidentMackie s


RecommendationCourt Date Originating Deparbnent Recommendation By Reference11 23 10 All Departments Ken Bass Purchasing Director Bid 11001Becky Stephens Asst Purchasing DirBackgroundBid for Printing Letterhead and Envelopes for McLennan <strong>County</strong>Bid first advertised on October 28 2010Bids due on November 16 2010Bid Opening on November 16 2010Bid award deferred on November 16 2010RespondentsMackie Business FormsPrice with3 IncreaseHewitt Texas 76643 42 528 75 43 804 63MailMax DirectWaco Texas 76702 54 847 58<strong>Budget</strong> PrintingWaco Texas 76712 170 49There were two minor calculation errors to Mackie s RFP that makes no significant difference in theoutcome of the Bid AwardRecommendationWe recommend that McLennan <strong>County</strong> grant the award for Printing Letterhead and Envelopes forMcLennan <strong>County</strong> to Mackie Business FormsWhyMackie Business Forms submitted the low bidReviewed by


Bid 11001Printing of Letterhead and EnvelopesOrder Brand 2011 3 IncreaseQuantity Grade Quantity Bid Price PriceLetterhead Printing in most cases will contain four to six lines and artwork Generally printing will be in blackink Paper is to be 241b with a watermark and 92 brightness or better Paper is to be supplied by vendorLetterhead will be ordered as needed and in the quantity needed Samples will be made availableLETTERHEADPrinted <strong>including</strong> paper stock and composition when required500 5M 55 00 56 651000 10M 75 00 77 251500 15M 97 01 99 922000 20M 122 00 125 662500 25M 150 00 154 503000 30M 170 01 175 114000 40M 205 00 211 155000 50M 245 00 252 35Total 119 02 152 59Envelopes Printing in most cases will contain four to six lines and possibly artwork Generally printing will be inblack ink Envelopes to be 241b bright 10 Envelopes to be supplied by the vendor Envelopes will be ordered asneeded and in the quantity needed Samples will be made availableENVELOPES 24 Ib White Wove 10 <strong>including</strong> composition when required500 5M 48 50 49 961000 10M 65 00 66 951500 15M 80 00 82 402000 20M 95 00 97 852500 25M 118 00 121 543000 30M 140 01 144 214000 40M 165 00 169 955000 50M 200206 0010 000 10 0M 350 00 360 5012 500 12 5M 425 00 437 7515 000 15 0M 450 00 463 5017 500 17 5M 490 00 504 7020 000 20 0M 545 00 561 3525 000 25 0M 680 00 700 4030 000 30 0M 810 00 834 3050 000 50 0M 1347 50 1387 93Total 6009 01 6189 29


Window Envelopes Printing in most cases will contain four to six lines and possibly artwork Generally printingwill be in black ink Envelopes to be 241b bright 10 with window Envelopes to be supplied by the vendorEnvelopes will be ordered as needed and in the quantity needed Samples will be made availableWINDOW ENVELOPES24 Ib White Wove 10 <strong>including</strong> composition when required500 5M 51 00 52 531000 10M 68 00 70 041500 15M 85 01 87 562000 20M 101 00 104 032500 25M 126 00 129 783000 30M 141 99 146 254000 40M 177 00 182 315000 50M 215 00 221 4510 000 10 0M 380 00 391 4012 500 12 5M 463 00 476 8915 000 15 0M 495 00 509 8517 500 17 5M 543 03 559 3220 000 20 0M 605 00 623 1525 000 25 0M 755 00 777 6530 000 30 0M 900927 0050 000 50 0M 1498 00 1542 94Total 604 03 6802 15Envelopes Printing in most cases will contain seven or more lines and generally printing will be in blue or redink Envelopes to be 241b bright 10 Envelopes to be supplied by the vendor Envelopes will be ordered asneeded and in the quantity needed Samples will be made availableENVELOPES24 Ib White Wove 10 <strong>including</strong> composition when requiredfor Tax <strong>Office</strong>Do Not Destroy Envelopes500 5M 49 00 50 471000 10M 66 00 67 981500 15M 81 50 83 942000 20M 97 00 99 912500 25M 118 00 121 543000 30M 143 01 147 304000 40M 169 00 174 075000 50M 205 00 211 1510 000 10 0M 360 00 370 8012 500 12 5M 437 50 450 6215 000 15 0M 457 50 471 2317 500 17 5M 498 75 513 7120 000 20 0M 555 00 571 6525 000 25 0M 692 50 713 2830 000 30 0M 825 00 849 7550 000 50 0M 1325 00 1364 75Total 6079 76 6262 15


Envelopes Printing in most cases will contain four to six lines and possibly artwork Generally printing will be inblack ink Envelopes to be 241b bright 6 x 9 booklet Envelopes to be supplied by the vendor Envelopes will beordered as needed and in the quantity needed Samples will be made availableENVELOPES 241b White Wove 6 x 9 Booklet <strong>including</strong> composition when required500 5M 54 00 55 621000 10M 76 00 78 281500 15M 96 50 99 402000 20M 117 00 120 512500 25M 145 63 150 003000 30M 171 30 176 444000 40M 209 00 215 275000 50M 260 00 267 8010 000 10 0M 460 00 473 8015 000 15 0M 615 00 633 4520 000 20 0M 755 00 777 6525 000 25 0M 942 50 970 7830 000 30 0M 125 00 158 75Total 5026 93 5177 75will be inEnvelopes Printing in most cases will contain four to six lines and possibly artwork Generally printingblack ink Envelopes to be 28 1b catalog envelope 13 x 6 12 with glue on flap Envelopes to be supplied by thevendor Envelopes will be ordered as needed and in the quantity needed Samples will be made availableENVELOPES 13 x 612 Brown Kraft 28 lb catalog envelope glue on flapLicense Plate Envelope for Tax <strong>Office</strong> <strong>including</strong> composition when required500 5M 350 00 360 501000 10M 385 00 396 551500 15M 400 50 412 522000 20M 530 00 545 902500 25M 660 00 679 803000 30M 780 00 803 404000 40M 840 00 865 205000 50M 907 15 934 3610 000 10 0M 1518 80 1564 3615 000 15 0M 2176 05 241 3320 000 20 0M 2455 00 2528 6525 000 25 0M 3057 50 3149 2330 000 30 0M 3630 00 3738 90Total 17 690 00 18 220 70Total Bid Price 42 528 75 Total Bid Price with3 Increase 43 804 63FM OCT 18 2011JA ANDY HARWELL DowdyekiltAI Lannan <strong>County</strong> noesBy KELLY FtJLLBRIDIff DEPUTY


ORDER APPROVINGAUTHORIZATION OF FUELMASTER FUEL MANAGEMENTSYSTEM SUPER EXTENDED MAINTENANCE AGREEMENTOn this the 18 day of October 2011came on for consideration the matter of Authorization ofFuelmaster Fuel Management System Super Extended Maintenance Agreement CommissionerMashek made amotion to approve and it was seconded by Commissioner Gibson and dulypassed by unanimous vote It is ordered by the Court that said Authorization be and the same ishereby approved


57 AASTEFUEL MANAGEMENT SYSTEMFUELMASTER Fuel Management SystemSuper Extended Maintenance AgreementThe FUELMASTER Fuel Management Systems Extended Maintenance Agreemententered into on this date of1012011 at Tallahassee Florida bySYSTEMS INCORPORATED STS a Florida Corporation having a principal placeat 100 Four Points Way Tallahassee Florida 32305 andand between SYN TECHis made andof businessMCLENNAN COUNTY623 WASHINGTON AVENUEWACO TX 767011 SN 4333This initial term of this agreementexpiring09 30 2012shall commence as of1012011 and shall continue for a termThe FUELMASTER Maintenance Agreement provides a means of extending the normal oneyear warranty that all FUELMASTER customers receive It covers parts and support labor for allFUELMASTER components both software and hardware does not include equipment onvehicles AIM units and provides free upgrades to softwarefirmware as requiredcover your FUELMASTER unit is 2304 75The cost toSyn Tech Systems Inc will provide at no additional charge Certificates of Insurance naming yourcompany as a Certificate Holder However if your company must be named on the Certificate ofInsurance as a coinsured there is an additional fee of 350 00 to the overall maintenance planSoftware updates will be provided free of charge upon request The exception to this is for thosesystems operations with customized software Each customized program will have to be quotedon an individual basis Customers with Extended Maintenance program will only pay for thecustomization The customer can make the decision as to whether he prefers to maintain hiscurrent system or upgrade to the new softwarefirmware Changes in hardware are not covered bythis agreementOrganizations under a super maintenance contract will be provided an email address severalphones fax numbers and have access to FUELMASTER technicians to assist inFUELMASTER operations and diagnostics 24 hours a day 7 days a week Service will include aHelp Desk that allows the customer the ability to access FUELMASTER technicians at all timesPlease note that damage resulting from acts of God <strong>including</strong> equipmentsurges and lightning damage will be covered under this agreementfailures due to electricalFor siteslocations whereSynTech Systems Inc marketing @syntech fuelmaster com 800 8889136100 Four Points Way www syntech fuelmaster com 850 8782558Tallahassee FL 32305 fax 850 8779327


STS or a STS trained distributor installed pulsers or valves replacement parts will be providedupon failure and a site requestAfter expiration of any warranty previous maintenance period STS will use a threetiermaintenance support systemLevel One Customer must report problem by telephone to STS Calls received after normalbusiness hours or on federal holidays will be answered within 1 hour after notification Syn Tech sProduct Support Team will analyze the problem within 62 minutes of contact The ProductSupport Team will diagnose software and hardware remotely with telephonic diagnostic toolsProduct Support will assist the customer to diagnose andor give corrective actions Seventy fivepercent of the problems received by Product Support are resolved at this level If level One isineffective in resolving the problem Syn Tech Systems Inc will move to Level Two serviceLevel Two Syn Tech Systems Inc will send replacement parts to customer by the mostexpeditious means in support of Level One Maintenance The customer will install thereplacement parts with telephonic assistance and direction from STS provided that the customermay install them without special tools and within an estimated 30 minutes The customer will beprovided a prepaid shipping container for return of the defective part s The defective partsmust be returned within seven business daysLevel Three If Levels One and Two are ineffective in resolving the problem Syn Tech SystemsEnc will dispatch a FUELMASTER technician and spare parts to the customersite to effectrepairs as required The customersystem must be repaired within three 3 working days in thecustomerUnited States after seven 7 days outside the continental United States afternotification that a site visit is required Notification begins 8OOam on the first normal business dayafter Level Three assistance is determined If this occurs on a normal business weekend or afederal holiday the time starts on the next business day If any types of clearances are necessaryto access the site notification time will not begin until the appropriate clearances are obtainedPlease note that damages from user abuse negligence accidents faulty installation or operationis not covered under the agreement This agreement specifically excludes any indirect specialconsequential damages to include but not limited to loss of product profit or litigation feesAdditionally associated equipment <strong>including</strong> printer personal computers pumps oilersdispensers and other items not manufactured by Syn Tech Systems Inc are warranted only tothe extent covered by the original manufacturer Additionally warranty is limited to approvedlocations and is not transferable except by written permission of Syn Tech Systems IncThe parties deem this agreement to be executed by their duty authorized representativesAgreement dateon theSyn Tech Systems Incmarketingasvntechfuelmaster com 800 8889136com 850 8782558Syn Tech Systems Inc100 Four Points Way www syntech fuelmasterTallahassee FL 32305 fax850 8779327


SignaturePatrick J PeacockNameCustomerfeLeov 3 C0uCompanySigreAm Le tats 611Name Telephone Number254 959 50 41marketingasvntechfuelmaster com 800 8889136com 850 8782558Syn Tech Systems Inc100 Four Points Way www svntechfuelmasterTallahassee FL 32305 faxOCT 18 2011JA ANDY HARWELLAP lennan <strong>County</strong> boaEy KELLY FULLEPtIGHT DEPUTY850 8779327


AGENDA OCTOBER 18 2011IIICONSIDERATION OF ANDOR ACTION ON THE FOLLOWINGG REGARDING THE COUNTY BUDGET Amendments Requestsfor Amendmentsand related Certification of Additional Revenue ifapplicable other budgetaryrequests1 Regarding the FY 2011 <strong>Budget</strong>a 54 District Court Fund 161 Approved2 Regarding the FY 2012 <strong>Budget</strong>a District Clerk Approvedb Road Bridge Precinct 2 Authorization Approvedof TACERA MembershipsCD107918


ORDER APPROVING FY 2011 BUDGET AMENDMENT54 DISTRICT COURT FUND 161On this the 18 day of October 2011 came on for consideration the matter Regardingthe FY 2011<strong>Budget</strong> 54 District CourtFund 161 Commissioner Mashek made a motion to approveand itwas seconded by Commissioner Perry and duly passed by unanimous vote It is ordered by theCourt that said FY 2011 <strong>Budget</strong> Amendment be and the same is hereby approved


BUDGET AMENDMENT REQUESTRECEIVEDs Court OCT 1 A 2011McLennan <strong>County</strong> CommissionerMcLennan <strong>County</strong> Courthouse25Waco Texas 76701x 1dr lcLEPVNAN CqECEIVEDRe <strong>Budget</strong> Amendment for 54th District Court I 6i20 iJUDGEGentlemenIhereby request the following budget amendment for the fiscal year ending09 30 11i F iCOCT 14 2011COUNTY AUDITORREQUESTED INCREASE sFund Dept Account Account Description Current <strong>Budget</strong> Requested Increase Amended <strong>Budget</strong>161 124420 501104 Legal Reference Materials 8000 460 8460MUNIS Full Account Number1701526 1420 501104Total Increases 460REQUESTED DECREASE sFund Dept Account Account Description Current <strong>Budget</strong> Requested Decrease Amended <strong>Budget</strong>161 134880 630121 Contingencies 296 444 460 295 984MUNIS Full Account Number170 10100230 630121Total Decreases 460BUDGET AMENDMENT JUSTIFICATIONTransfer funds to cover Legal Ref Materials for invoices through end of fiscal yearApproved byRespectfully Submitted Approved as to Form Approved as to Form Commissioners CourtApproved Approved Approved ApprovedMUNIS Date MUNIS Date MUNIS Date MUNIS DateRequestor <strong>County</strong> <strong>Budget</strong> <strong>Office</strong>r <strong>County</strong> Auditor <strong>County</strong> JudgeAdam HarryJI wisForm B00 0 120 It 4114Expires09 30 12SOCT 18 2011JA ANDY HARWELLC@ inlytvtLsnnan <strong>County</strong> busj KELLY FULIMIGHT DEPUTY


ORDER APPROVINGDISTRICT CLERKANDROAD BRIDGE PRECINCT 2AUTHORIZATION OF TACERA MEMBERSHIPSRE FY 2012 BUDGETOn this the 18 day of October 2011 came on for consideration the matter Regarding<strong>Budget</strong>District Clerk and Road BridgeCommissioner Gibson made a motion regarding FY 2012 <strong>Budget</strong>FY 2012Precinct 2 Authorization of TACERA Membershipsa District Clerk and b RoadBridge Precinct 2 motion to approve both and it was seconded by Commissioner Snell and dulypassed by unanimous vote It is ordered by the Court that said <strong>Budget</strong> Amendment andAuthorization be and the same are hereby approved


RECEIVEDBUDGET AMENDMENT REQUEST OCT 114 2011McLennan <strong>County</strong> CommissionerCourtMcLennan <strong>County</strong> Courthouse RECEIVEDA J VWaco Texas 76701Re <strong>Budget</strong> Amendment for District Clerk MUNIS fund 001Gentlemen1 hereby request the following budget amendment for the fiscal year ending 09 30 12OCT 1 3 2011COUNTY DUD TET OFFICECOUNTY AUDITORRECEIVEDOCT 1 n 2011McLENNAN COJUDGEREQUESTED INCREASE sObjectFund Function SubFunc Dept Acct Account Description Current <strong>Budget</strong> Requested Increase Amended <strong>Budget</strong>001 15 26 1500 501121 Computers 1000 and 5000 1500 138 2638Total Increases 138REQUESTED DECREASE sObjectFund Function SubFunc Dept Acct Account Description Current <strong>Budget</strong> Requested Decrease Amended <strong>Budget</strong>001 15 26 1500 501114 Computers Related 1000 5800 138 4662Total Decreases 138BUDGET AMENDMENT JUSTIFICATIONTo transfer funds to correct line for scannerApproved byRespectful bmitted Approved as to Form Approved as to For Commissioners CourtReq st <strong>County</strong> <strong>Budget</strong> <strong>Office</strong>r <strong>County</strong> Auditor <strong>County</strong> JudgejA1 oar IiForm B00101011 Expires09 30 12


Bill To RequisitionAccounts PayableMcLennan <strong>County</strong> Auditors Acct No214 North 4th Street Ste 100 001 15 26 1500 501114Waco TXReview76701 1366 Buyersally whisenhunt@co mclennan tx12000122 00 FY 2012us Status Approved Page 1ef3de GShip ToInformation Technology75 REMITTANCE DRIVE STE 1515 McLennan <strong>County</strong>500 Columbus AveWaco TX 76701CHICAGO IL 60675 5723Vendor Date Ship IDateOrdered Number Required Via Terms Department1011 1102505 1 1District ClerkLN Description Account Qty tnit Price Net Price001 FUJITSU FI 5530C2 CLR DEPTMNTAL 100 2637 57000 2637 57SCAN Mf FJU PA03334 B605 EachContract PROMARK GSA SCHEDULEGS 35F 4342D1 001 1526 1500 501114 2637 57Ship ToInformation TechnologyMcLennan <strong>County</strong>500 Columbus AveWaco TX 76701002 FUJITSU FI 6130 CLR DPLX 100 919 90000 919 904OPPM 30PPM Mfg FJU PA03540 B055 EachContract PROMARK GSA SCHEDULEGS 35F 4342D1 001 1526 1500 501114 919 90Ship ToInformation TechnologyMcLennan <strong>County</strong>500 Columbus AveWaco TX 76701003 HP LJ P2055DN 35PPM Mfg 100 361 39000 361 39H P CE459AABA Contract Texas HPEachDIR SDD 1364 DIR SDD 13641 001 1526 1500 501114 361 39OCT 18 201110VANDY RAR NEU CauM Lerman <strong>County</strong> TeaBJ KF LLEu LB121GIi PDEPUTY


Ytt 9rfit r 1 w kttl l l O CC i MsJATC IO TCX ASLESTER L GIBSONMcLENNAN COUNTY COMMISSIONER PCT 2PO BOX 648WACO TEXAS 767030648254 7575062FAX 254 7575007email lester gibson@co mclennan tx usMEMORANDUMDATE Monday October 10 2011TOCommissioners CourtFROMCommissioner Lester L GibsonRE COMMISSIONERS COURT AGENDA ITEM Tuesday October 18 2011I am forwarding this memorandum to the Court to request that the following item be placed on the TuesdayOctober 18 2011 Commissioners Court Agenda Authorization of MembershipTACERA TexasAssociation of<strong>County</strong> EngineersRoadAdministrators for Andre Langrum and Thad JonesMemberships will allow foreman and other key personnel to attend TACERA conferences at a reduced rate andto also receive pertinent road information on an ongoing basis If you have any questions in regardsto thismemorandum you may contact me at ext 5062Thank YouBY COMMISSIERS COURTTHIS Y O 2011Ai JUDGE


TACERAFACEIIA MEMBERSIII1 APPLICATIONType of Member Voting x 7500 Associate 75MEMBERSHIP RENEWAL APPLICATION00 Affiliate Group 150 00NarneAndre LangrumTitleRoad ForemanBusinessueAddress 215 N 5th Street Suite 125 Phone 254 757 5062City State Zip Waco Texas 76703<strong>County</strong>McLennanHome Address NA Phone NAPreferred Emailpat chisolm@co mclennantx us Sendmy TACERA mailingsto Homeor <strong>Office</strong>X BirthDate PEor L State Number EngineeringEducation Degrees Graduation Dates Numberof Years Experience12 Number of Yearsa Practicing<strong>County</strong> Engineer Numberof Yearsof Management Experience3 Number of Yearsin Present <strong>County</strong> BriefHistoryof ExperienceMembershipinOther Professional Societies SignatureDatePleasemail applicationand duesto TACERAP OBox 92648 Austin Texas 78709 2648or Fax to 5128585306For furtherinformationcall512 8587322


TACERATACL1RA MEMBERSHIP APPLICATIONType of Member Voting x 7500 Associate 75MEMBERSHIP RENEWAL APPLICATION00 Affiliate Group 150 00Name Thad Jones Title Field TnspectorBusinessI 9aAddress 215 N 5th Street Suite 125 Phone 254 757 5062City State Zip Waco Texas 76703<strong>County</strong>McLennanHome Address NA Phone NAPreferred Email pat chi solm@co mclennan tx usSend my TACERA mailingsto Home or <strong>Office</strong> XBirth DateSSNPE orLS State NumberEngineering Education Degrees Graduation DatesNumber of Years Experience 3 Number of Years a Practicing <strong>County</strong> EngineerNumber of Years of Management Experience 1 Number or Years in Present <strong>County</strong>Brief History of ExperienceMembershipin Other Professional SocietiesSignatureDatePlease mail application and dues to TACERAPO Box 92648 Austin Texas5128585306 Forfurther information call 5128587322787092648 or Fax to1OCT 18 2011JA ANDY HARWELL CMcLennan <strong>County</strong> lensj EII YF DEPUTY


AGENDA OCTOBER 18 2011IIICONSIDERATION OF ANDOR ACTION ON THE FOLLOWINGH COUNTY SHERIFF JAIL CRIMINAL JUSTICE ISSUES <strong>County</strong> OperatedPrivately Operated Jail Facilities Change Orders Pay Apps RepairsRenovationsInfrastructure Improvements <strong>Personnel</strong><strong>Salary</strong> <strong>Matters</strong> Equipment Purchases RFPAuthorization of ContractsAgreements Amendments to Agreements1 Regarding the Downtown Jail Retrofit Project ApprovedAuthorization of Payment Application No 4CCC Group IncCD107919


ORDER APPROVINGAUTHORIZATION OF PAYMENT APPLICATION NO 4 CCC GROUP INCRE THE DOWNTOWN JAIL RETROFIT PROJECTOn this the 18 dayof October 2011 came on for consideration the matter Regarding theDowntown Jail Retrofit Project Authorization of Payment Application No 4 CCC Group IncCommissioner Mashek made a motion to approve and it was seconded by Commissioner GibsonAfter discussion a vote being called for said motion was duly passed by unanimous vote It isordered by the Court that said Authorization be and the same is hereby approved


CPAStan Chambers<strong>County</strong> Auditor iu dii1bCEV214 N Fourth Street Suite 100Waco TexasVoice 254 7575156Fax 254 7575157stanchambers@co mclennan tx us XO U3 U11 CCCGROUP INC 111cLENNANCO DowntownJail Retrofit JUDGE ThisApplicationNo 4 in the amountof 232 049 38244262 50 Tess retainage of 12213 12 has been audited and is certified eligible for payment out of McLennan <strong>County</strong>Fund 401 CONTRACTTO DATE SUMMARY PaymentGrossApplicationsPaymentLess Net of ApplicationsRetainaqe Retainaqe PreviousApplications524 197 50 26 209 88 497 987 62 ThisApplication244 262 50 12 213 12 232 049 38Cumulative768 460 00 38 423 00 730 037 00 StanChambers CPA <strong>County</strong>Auditor Approvedfor payment this 7 day of C bQ A011 out of McLennan <strong>County</strong> Fund401 ByLewis<strong>County</strong> Judge


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KM OCT 18 2011JA ANDY HARWELL CetieftM Lannan <strong>County</strong> boaBy KELLY FIALEfRIGHT DEPUTY


AGENDA OCTOBER 18 2011IIICONSIDERATION OF ANDOR ACTION ON THE FOLLOWINGL CONSENT AGENDA ITEMS1 ReadingApproval of Previous Meeting Minutes Acceptance of Amendments ApprovedSupplements Corrections Recording into the Court Minutes of PreviouslyApproved Documents Items Not Requiring Court Action HB 914 ConflictDisclosure Statements as applicable2 Financial Obligations of McLennan <strong>County</strong>a Authorization for <strong>County</strong> Treasurer to Pay <strong>County</strong> Checks Wire PulledElectronic Transfers Issued Since Last Authorizationb <strong>County</strong>Treasurer and or <strong>County</strong> <strong>Budget</strong> <strong>Office</strong>r InterestInvestmentReports Authorizations Recording of McLennan <strong>County</strong> InvestmentPolicy Acknowledgment Forms Pooled Cash Account Balance Report1 Authorization of Addition of Positive Pay Service for Online Banking Pulledas a Service under the <strong>County</strong> Agreement with its Depository BankApproval for <strong>County</strong> Judge <strong>County</strong> Treasurer and other required Officialsif any to Execute such Instruments as are Necessary to Activate the Service3 Human Resources <strong>Salary</strong> <strong>Matters</strong> Benefits Status Forms Revisions to<strong>Salary</strong> Schedules Authorizations Regarding Human Resources Issues Revisionsto Human Resources Policies Compensation ClassificationReviews Reclassifications Administrative Guidelines Consultant ReportsPostings Related <strong>Matters</strong>Recommendations Job DescriptionsIssues <strong>Personnel</strong>a<strong>County</strong> Sheriff Approvedb Information Technologyc Maintenance of BuildingsApprovedApproved4 Authorizations Ratifications Re RFPs Bids Advertisements PublicationsPublic Notices Sole Source Determinations Surplus Scrap PropertyDeterminations Recording ofLegal Notificationsa Authorization of Advertisements for RFQs Bids RFP s1 Authorization of Public Hearing Public Notice to Taxation of ApprovedGoodsinTransit5 Travel and or Education Requests Ratificationsa Texas AgriLife Extension Service Approvedb District Attorney Approvedc Road Bridge Precinct 2 ApproveddTax <strong>Office</strong>Pulled


6 Acceptance Non Acceptance ofOfficials <strong>County</strong> Department Head StaffOrganization Reports Updates Policy Recommendations Reports relativeto <strong>County</strong> Contracts Agreements Programs Recording ofEducational orInsurance Certificates Awards Bonds Presentations to the Courta Linebarger Goggan Blair Sampson LLP Activity report on Delinquent ApprovedTax Collections August and September 2011b Health Services Department Monthly Activity Report September 2011End of Year Reportsc Texas AgriLife Extension Service Monthly Activity Report September 2011ApprovedApproved7 Commissioners Court consideration of and or Action ona Authorizations re Order Prohibiting Outdoor BurningUnincorporated Areas of McLennan <strong>County</strong>in the Pulledb Ratification of Purchase Designationof Authorized Purchaser Nonec Authorization of Tax ReSale Deeds1 MCAD 280350000118036 Lot 8 Block 10 Riddle Addn City Approvedof Waco McLennan <strong>County</strong> Texas2 MCAD 480348000090009 Lot 23 Block 237 Reynolds Addn ApprovedCity of Waco McLennan <strong>County</strong> Texas3 MCAD 480348000121006 Lot 21 FKA Lots B13 A14 Block Approved238 Reynolds Addn City of Waco McLennan <strong>County</strong> Texasd Authorization of McLennan <strong>County</strong> Auction Rene Bates related AdNotice Order Declaring Certain Property as Surplus and AuthorizingDisposition of SameApprovede Authorization re Texas Association of Counties Risk Management ApprovedPool Various Insurance Coverages <strong>including</strong> but not limited to CrimeAutomobile Liability General Liability Public Officials Liability andLaw Enforcement Liability Coverage Coverage Documents DriverExclusions Invoicesf Authorization of Resolution relative to CUC Policy CommitteeNominationApprovedCD107921


ORDER APPROVING CONSENT AGENDA ITEMSOn this 18 day of October 2011 came on for consideration the matter of reviewing and approving theConsent Agenda Items Judge Lewis stated that we need to pull items L 2 a 2 b 1 5 d and 7 aCommissioner Mashek made a motion to approve consent agenda items with the exception of 2 a 2 b1 5 d and 7 a and it was seconded by Commissioner Gibson and duly passed byordered by the Court that said Consent Agenda Items be and the same are hereby approvedunanimous vote It is


McLennan <strong>County</strong> Texas UC 1 3 2 n 1PAYROLL STATUS FORM1icLAST NAME FIRST NAME MI EMPLOYEE ID NO EFFECTIVE DATE10Solis Daniel A12 11New Hire Promotion Reclassification Lateral Move Separation fromOther Demotion <strong>Salary</strong> Adjustment Merit Increase <strong>County</strong> EmploymentFULLTIME EMPLOY EESSALARY SCHEDULE FOR POSITION SOUGHTACTUAL SALARYEXISTING PROPOSED REVISION FROM TOJob TitleDetention <strong>Office</strong>rDetention <strong>Office</strong>rJob Code Number3518 3518Department Name Juvenile Detention Juvenile DetentionPosition Number272 272System B BGrade 05 05Monthly Amount 27832 200Annual Amount33405 96 26 400<strong>Salary</strong> Survey Min 2120 67 FLSA STATUS<strong>Salary</strong> Survey MidDATE OF HIRE2783 60 ExemptNon Exempt 10 12 11<strong>Salary</strong> Survey Max3446 53HOURLY EMPLOYEESDEPARTMENT NAME HOURLY RATE The Commissioners Court annually sets the standard rate for hourly employeesCommissioners Court approval of this form is only necessary if the hourly pay ratestated exceeds the standard rate Call the HR DeptACCOUNT CODING For <strong>County</strong> Auditor s Usefor the standard rateFUND COST CENTER OBJECT PROJECT MONTHLY SALARY PERCENTAGETotal 100APPROVALS See Note 11tDEPARTMENT HUMAN RESOURCES COUNTY COMMISSIONERS COURTThis proposed action A line item udget transfer ApprovedI hereby approve the above El is is not s notAcceptedrequiredactionwithin the established guidelinesif approved byDeniedCommissioners Courtof McLennan <strong>County</strong>See attached if DaterequiredX N c rY A X Asa XNote 1 Signature blanks should be marked NA if approval is not re fired for this action No approval by the Commissioners Court is required foractions affecting hourly employees unless their hourly rate exceeds a fiscal year s adopted standard hourly rate Separations from employment requireonly the departments approval as to effective date COMMENTSBYiiim OCT 18 20111 FOR INFORMATION AND RECORDING PURPOSES ONLYA ANDY HARWELL G rAyCIOMLa iw 131 4 fly TeeSy KELLY FL LBRIOSIT DEPt o2011Original <strong>County</strong> Clerk Green Treasurer Canary Human Resources Department GoldenroiNittREI menntivIESx11


Recording of Authorizations r e TxDOT Offer relative to the Precinct 1 Barn PropertyOrder Accepting Final Offer of TxDOT for Property Approving Sale of Property andAuthorizing <strong>County</strong> Judge to Execute all necessary documents for Sale of Propertyapproved by Order on June 14 2011 and recorded onPage 141 of these minutesRECEIVEDOCT 13 2011NlcLENNAN CoJUDGEACCEPTED BY COMMISSIONERS COURT 40 RTHIS YPF CeQ 201L1JUDGEittco k 01 ru6


RECEIPTPOSSESSION AND USE AGREEMENTeRANTProject M35 wCSJ No 001501220P Sv j1 FZ<strong>County</strong>Parcel No 25McLennanG0 4rnqylBy signing below you acknowledge receipt of State of Texas Warrant No 125546820in the amount of12 000made payable directly to signor as consideration paid bythe State as set forth in the teens ofthe Possession and Use Agreement forTransportation Purposes executed September 1 2011Received byMcLennan <strong>County</strong>By Jim Lewis <strong>County</strong> JudgeDateM xrag C rniter af ulic ccuuxrto125546820 SEPTEMBER 26 2011 w092311 0006 601 95526038 17460024924 055LPAYING AGENCY 5124865633 TEXAS IMPARTMENT OF TRANSPORTATIONPAY TNELYE THOUSAND DOLLARS ACID00 100 412 000NoTOMCLENNAN COUNTY215 N 5T11 ST STE 226WACO TX 76701 1364YOID AFTER08 31 2014Z0 VC 72 1a3040 1 L 14900 16410125546112910


RECEIPTPOSSESSION AND USE AGREEMENT WARRANTProject1T1 35CSJ No 001501220<strong>County</strong>McLennanParcel No 25By signing below you acknowledge receiptof State of Texas Warrant No 125546820in the amount of12 000made payable directly to signor as consideration paid bythe State as set forth in the terms of the Possession and Use Agreement forTransportation Purposes executed September 1 2011Received byMcLennan <strong>County</strong>By Jim Lewis <strong>County</strong> JudgeDatete orTexasInmptxnll er of 4luhltcAccnixntsTREASURY WARRANT NO125546820 SEPTEMBER 26 2011092311 0006 601 95526038 17460024924 055 125546820PAYING AGENCY 5124865633 TEXAS DEPARTMENT OF TRANSPORTATIONPAY TWELVE THOUSAND DOLLARS AND 00100 12 000TO MCLENNAN COUNTY215 N 5TH ST STE 226WACO TX 76701 1364VOID AFTER08 31 2014Z l C 7zII 30411ILL4 900 L641 II L255468 201I


ROWN72Rev32004Replaces Form D 15 72 all pagesGSDEPCPage 1 of 2 TITLE COMPANY S CLOSING STATEMENTSTATE OF TEXASTitle Company American Guaranty Title LLC<strong>County</strong> McLennan331 W Highway 6 Suite A District WacoWaco TX 76710 ROW CSJ No 001501 220GF No 201007125 Parcel Number 25Date October 12 2011Federal Project NoSELLER McLennan <strong>County</strong>State Warrant No 125514340 620 796 00CLOSING AND TITLE EXPENSES SELLER STATEs Policy620 796 00 3551 52Title Policy OwnerRecording FeesDeed paid to <strong>County</strong>Partial Release of Lien paid to <strong>County</strong> ClerkPartial Release of Lien paid to <strong>County</strong> ClerkSeller s Attorney s Fees paid to Deaver DeaverTaxesClerk 39 00Delinquent paid to <strong>County</strong> Tax Collectorpaid toCurrent paid to <strong>County</strong> Tax CollectorAdditional services rendered <strong>including</strong> furnishingpreliminary title information and preparation andcompletion of forms not covered by titleinsurance rates approved by the State Board ofInsuranceNotes etc paid to Escrow Fee Title Company Administrative Fee 500Commitment Fee Credit 200Fee 500GuarantyTax Certificate 33 92Net Amount paid to Seller 620 796 00Total Disbursements by Title Company 620 796 00Amount Charged to State 3929 44


ROWN72Rev32004Page 2 of 2WE APPROVE AND ACCEPT ABOVE STATEMENTCORRECTI CERTIFY THE ABOVE TO BE TRUE ANDAS OUR INTEREST MAY APPEARMcLennan <strong>County</strong>Alamo Title Insurance CompanyUnderwriterBy Jim Lewis <strong>County</strong> JudgeByAmerican Guaranty Title LLCAgent for UnderwriterBylls NacKinn EsceDateII nnQ I ICJ I l IState Right of Way Closing CertificateI certify that the State s warrant was disbursed as set forth above and the deed has been delivered to the <strong>County</strong>Clerk for recordingMg ASacKinnon E z 0 cr


A Settlement StatementUS Department of Housing OMB No 25020265and Urban DevelopmentB Type of Loan1 FHA 2 FmHA 3 Cony Unins 6 File Number 7 Loan Number 8 Mortgage ins Case Number4 VA 5 Cony Ins 6 Seller Finance 201007125C NoteThis form is furnished to give you a statement of actual settlement costs Amounts paid to and by the settlement agent are shown Items markedpoc were paid outside the closing they are shown here for informational purposes and are not included in the totalsD Name Address of Borrower E Name Address of Seller F Name Address of LenderState of TexasMcLennan <strong>County</strong>801 Austin Avenue PO Box 1728Waco TX 76701 Waco TX 76703G Property LocationH Settlement Agent NameAmerican Guaranty Title331 W Highway 6 Suite APARCEL 25 IH 35 CSJ No 0015 01 220 Waco TX 76710 Tax ID74 28828506048 Acres STEWART JAMES Survey No 815McLennan <strong>County</strong> Texas Place of Settlement I Settlement DateAmerican Guaranty Title 10 331 W Hwy 6 Suite A Fund 1012 2011Waco TX 76710J Summaryof Borrower s TransactionK Summary of Seller s Transaction100 Gross Amount Due from Borrower 400 Gross Amount Due to Seller101 Contract Sales Price 5620 796 00102 Personal Property 402 Personal Property103 Settlement Charges to borrower 54 129 44 403104 404105 405Adjustment for items paid by seller in advanceAdjustments106 City property taxes 406 City property taxes401 Contract Sales Price 5620 796 00for items paid by seller in advance107 <strong>County</strong> property taxes 407 <strong>County</strong> property taxes108 Annual assessments 408 Annual assessments109 School property taxes 409 School property taxes110 MUD taxes 410 MUD taxes111 Other taxes 411 Other taxes112 412113 413114 414115 415116 416120 Gross Amount Due From Borrower 5624 925 44 420 Gross Amount Due to Seller 5620 796 00200 Amounts Paid By Or in Behalf Of Borrower 500 Reductions in Amount Due to Seller201 Depositor earnest money 501 Excess Deposit202 Principal amount of new loan s 502 Settlement Charges to Seller line 1400203 Existing loan s taken subject to503 Existing Loan s Taken Subject to204 Loan amount 2nd lien 504 Payoff of first mortgage loan205 Commitment Fee Credit S200505 Payoff of second mortgage loan206 State Warrant 125514340 5620 796 00 506207 507208 508209 509Adjustments for items unpaid by sellerAdjustment for items unpaid by seller210 City property taxes 510 City property taxes211 <strong>County</strong> property taxes 511 <strong>County</strong> property taxes212 Annual assessments 512 Annual assessments213 School property taxes 513 School property taxes214 MUD taxes 514 MUD taxes215 Other taxes 515 Other taxes216 516217 517218 518219 519220 Total Paid By For Borrower 5620 996 00 520 Total Reduction Amount Due Seller S0 00300 Cash At Settlement FromiTo Borrower 600 Cash At SettlementTo From Seller301 Gross Amount due from borrower line 120 5624 925 44 601 Gross Amount due to seller pine 420 5620 796 00302 Less amounts paid by for borrower line 220 620 996 00 602 Less reductions in amt due seller line 520 50 00303 Cash From Borrower 53 929 44 603 Cash To Seller 5620 796 00Section 5 of the Real Estate Settlement Procedures Act RESPA requires the Section 4a of RESPA mandates that HUD develop and prescribe this standardfollowing HUD must develop a Special Information Booklet to help persons form to be used at the time of loan settlement to provide full disclosure of allborrowing money to finance the purchase of residential real estate to better charges imposed upon the borrower and seller These are third party disclosuresunderstand the nature and costs of real estate settlement servicesthat are designed to provide the borrower with pertinent information during theEach lender must provide the booklet to all applicants from whom it receives settlement process in order to be a better shopperor for whom it prepares a written application to borrow money to finance the The Public Reporting Burden for this collection of information is estimated topurchase of residential real estate Lenders must prepare and distribute with average one hour per response <strong>including</strong> the time for reviewing instructionsthe Booklet a Good Faith Estimate of the settlement costs that the borrower is searching existing data sources gathering and maintaining the data needed andlikely to incur in connection with the settlement These disclosures are completing and reviewing the collection of informationmandatoryThis agency may not collect this information and you are not required tocomplete this form unless it displays a currently valid OMB control numberThe information requested does not lend itself to confidentialityPrevious Editions are Obsolete Page 1 form H1D386Handbook 4305 2


File No 201007125L Settlement Charges700 Total Sales BrokerCommission based on price 5620 796 00 a 00 Paid From Paid FromDivision of Commission line 700 as follows Borrowers Sellees701 to Funds at Funds at702 to Settlement Settlement703 Commission Paid at Settlement 30 00 30 00704 The following persons firms to705 or corporations received a portion to706 of the real estate commission to707 amount shown above to800 Items Payable in Connection with Loan801 Loan Origination Fee to802 Loan Discount to803 Appraisal Fee to804 Credit Report to805 Lender s Inspection Feeto806 Mortgage Insurance Application to807 Assumption Fee to900 Items Required by Lender To Be Paid in Advance901 Interest from 10 12 2011 to 112011 g day902 Mortgage Insurance Premium for months to903 Hazard Insurance Premium for years to1000 Reserves Deposited With Lender1001 Hazard insurance months Qa per month1002 Mortgage insurance months per month1003 City property taxes months per month1004 <strong>County</strong> property taxes months per month1005 Annual assessments months Qa per month1006 School property taxes months Qa per month1007 MUD taxes months per month1008 Other taxes months per month1011 Aggregate Adjustment1100 Title Charges1101 Settlement or closing fee to1102 Abstract or title search to1103 Title examination to1104 Title insurance binder to1105 Document preparation to1106 Notary fees to1107 Attorney s feestoincludes above items numbers1011108 Title insurance to American Guaranty Title 355152includes above items numbers1109 Lender s coverage 50 0001110 Owner s coverage 3620 796 003551 5291111 Escrow fee to American Guaranty Title 3500z1112 Courier Fee to American Guaranty Title1113 State of Texas Policy Guaranty Fee to Texas Title Insurance GuaranAssociation1114 SO of Title Premium to None35 00 60 001200 Government Recording and Transfer Charges1201 Recording Fees Deed mortgage Rel to American Guaranty 71tle1202 City countytax stamps Dad Mortgage to1203 Statetax stamps Dad Mortgage to1204 Tax certificates FBO Data Trace to American Guaranty Title 33 921205 Record Deed to American Guaranty Title 339 001300 Additional Settlement Charges1301 Survey to1302 Pest Inspection to1400 Total Settlement Charges enter on lines 103 Section J and 502 Section K 4129 44


File No 201007125I have carefully reviewed the HUD 1 Settlement Statement and to the best of my knowledge and belief it is a true and accurate statement of all receipts anddisbursements made on my account or by me in this transaction I further certify that I have received a completed copy of pages 1 2 and 3 of this HUD 1 SettlementStatementState of TexasMcLennan <strong>County</strong>By Authorized Right of Way AgentBy Jim Lewis <strong>County</strong> JudgeSETTLEMENT AGENT CERTIFICATIONThe HUD 1 Settlement Statement which I have prepared is a true and accurateaccount of this transaction I have caused the funds to be disbursed inactor ce witkthis statem11J1at ent Agentto 1galWarn It is a crime to owinglye false statements to the UnitedDateStates on this or any other similar form Penalties upon conviction caninclude a fine and imprisonment For details see Title 18 US Code Section1001 and Section 1010Previous Editions are Obsolete Page 3 form HUD 1 386Handbook 4305 2


TAX INFORMATION DISCLOSUREDate October 12 2011GF 201007125SellerPurchaserMcLennan <strong>County</strong>State of TexasPropertyParcel 25 Being6048 acres of land more or less out of the James Stewart Survey AbstractNo 816 in McLennan <strong>County</strong> Texas and being more particularly described bybounds in Exhibit A attached hereto and made a part hereof for all purposesmetes andBased upon information furnished by local taxing authorities the taxes on the above described property have been paidthrough the year2011 andA special exemption for agricultural and or timber has been filed against this property thereby reducingsaid property tax and IS SUBJECT TO ROLLBACKThere is a shortage in the acreage or square footage in the rolls as compared with the legal descriptionherein conveyed and could be SUPPLEMENTED for previous yearsThe tract s of land hereby conveyed isare out of a larger tract of land which has not been split out for thepresent year and correct and accurate figures cannot be obtained for tax prorations Purchaser and Seller agree toprorate based on ESTIMATES ONLYXX Purchaser and Seller agree NOT TO PRORATE TAXES FOR THE CURRENT YEAR therebyseller BEING RESPONSIBLE FOR THE FULL YEARsaid base taxAn exemption exists on this property and will be adjusted in the following tax year thereby increasingpropertyNo tax figures were acquired as to any inventory personal propertyAmerican Guaranty Title is not guaranteeing any payment of any such taxor mobile home situated on saidXX Any proration of taxes made in connection with this transaction is based on tax information from the prioryear and does not reflect the tax status of the property for the current yearWe are closing this file based on verbal tax information provided by the appropriate taxing authoritiesThe taxing authority is not bound by verbal information and accordingly American Guaranty Title cannotguarantee the amounts reported as accurate American Guaranty Title can guarantee the tax amounts reportedby the taxing authorities only when American Guaranty Title has in its possession a written tax certificate issuedby appropriate taxing authority The amount of taxes due may increase or decrease when we receive written taxcertificates


It is understood and agreed that American Guaranty Title as closing agent has informed both the Purchaser andSeller of the above facts and Purchaser and Seller agree to hold American Guaranty Title harmless from anytaxes due because of tax supplement agriculture timber rollbacks due to change in land usage tax exemptionsdifferences due to split out for the current year or subsequent years any taxes due on personal property inventoryor mobile homes situated on said property and mistakes made to closing based on verbal tax information It isexpressly agreed and understood that if for any of the above checked reasons the proper amount of taxes are notcollected at closing or the proper amount of taxes are not prorated American Guaranty Title retains the right toissue its policy of title insurance subject to anytaxes dueTHE UNDERSIGNED HAVE BEEN INFORMED BY AMERICAN GUARANTY TITLE THAT IT IS THEUNDERSIGNEDSOLE RESPONSIBILITY TO NOTIFY THE APPROPRIATE TAXING JURISDICTIONS THATTHE ABOVE PROPERTY HAS BEEN TRANSFERRED AND THAT IT IS THE PURCHASERSOLERESPONSIBILITY TO PAY ALL TAXES FOR THE YEAR 2011 AND FILE ALL NECESSARY TAX EXEMPTIONSBy signature herein the undersigned state that they understand this Disclosure and have received a copy of the same at closingWe hereby acknowledge and accept the above agreementPURCHASERState of TexasSELLERMcLennan <strong>County</strong>By Authorized Right of Way AgentBy Jim Lewis <strong>County</strong> Judge


EXHIBIT APage 1of5August 05 2008Revised May 15 2010<strong>County</strong> McLennanHighway Interstate Highway 35Limits From South FM 2837 in Lorena to FM 2063 in HewittROW CSJ 001501 220Property DescriptionFor Parcel 25BEING6048 ACRES OF LAND SURVEYED BY LANDESIGN SERVICES INC OUTOF THE JAMES STEWART SURVEY ABSTRACT NO 816 IN MCLENNAN COUNTYTEXAS AND PART OF A CALLED 9266 ACRE TRACT DESCRIBED IN SPECIALWARRANTY DEED TO MCLENNAN COUNTY RECORDED IN VOLUME 1796 PAGE728 OF THE DEED RECORDS OF MCLENNAN COUNTY TEXASDRMCT ANDPART OF A CALLED 9610 ACRE TRACT DESCRIBED IN WARRANTY DEED TOMCLENNAN COUNTY RECORDED IN VOLUME 1403 PAGE 739 OF THEDRMCT AND BEING MORE PARTICULARLY DESCRIBED BY METES ANDBOUNDS AS FOLLOWSCOMMENCING at a found 12 iron rod in the south line of said 9266 acres in theexisting north right of way line of Pilgrim Lane called 1331 acres described in deed toMcLennan <strong>County</strong> recorded in Volume 1403 Page 714 of theDRMCTTHENCE South 6611 46 East 774 15 feet with the existing north right of way line ofPilgrim Lane and the south line of said9266 acres to a set Type II monument in theproposed west right of way line of Interstate Highway 35 IH 35 and the POINT OFBEGINNING1THENCE North 6621 45 East 4833 feet through said9266 acres with theproposed west right of way line of IH 35 to a set Type II monument2 THENCE 606 86 feet along a curve to the right havinga radius of 23263 00feet a delta angle of 0129 41 and chord bears North 2516 17 East 606 84feet through said9266 and said9610 acre tract with the proposed west rightof way line of IH 35 to a set Type II monument3 THENCE North 1320 58 East 166 13 feet through said9610 acres with theproposed west rightof way line of IH 35 to a set Type 11 monument4 THENCE North 2641 51 East 227 93 feet through said9610 acres with theproposed west right of way line of IH 35 to a set Type II monument5 THENCE North 3014 25 East 251 29 feet through said9610 acres with theproposed west rightof way line of IH 35 to a set Type II monument at the northeast corner of said9610 acre tract and the south line of a remainder of a called


Page 2 of 5378 88 acre tract described in deed to Peggy Warren Sumner Homer ClayWarren Jr Jessika Warren Cleveland Ann Hal Warren Pledger recorded inVolume 1038 Page 581 of theDRMCT6 THENCE North 5925 10 East 153 98 feet with north line of said9610 acresand the south line of said 378 88 acres to a set 58 iron rod with plastic capstamped Landesign in the existing west right of way line of IH 35 and in thewest line of a called 14 40 acre tract described in deed to McLennan <strong>County</strong> forright of way recorded in Volume 0 Page 616 of the Civil Court Records ofMcLennan <strong>County</strong> Texas7 THENCE South 4826 01 East 52 41 feet with the north line of said 9610acres and the existing west rightof way line of IH 35 to a found Typemonument8 THENCE South 2349 56 West 453 55 feet with the east line of said 9610acres and the existing west right of way line of IH 35 to a set58 iron rod withplastic cap stamped Landesign9THENCE South 0302 58 East 112 89 feet with the east line of said 9610acres and with the existing west right of way line of IH 35 to a found Type Imonument10 THENCE South 2349 56 West 837 89 feet with the east line of said 9610acres the east line of said9266 acres and the existing west rightof way lineof IH 35 to a set 58 iron rod with plastic cap stamped Landesign in theexisting north right of way line of Pilgrim Lane at the southeast corner of said9266 acres11 THENCE North 6611 46 West 247 69 feet with the existing north rightof wayof Pilgrim Lane and the south line of said 9266 acres to the POINT OFBEGINNING


Page 3 of 5This parcel contains6048 acres of land more or Tess out of the James Stewart SurveyAbstract No 816 in McLennan <strong>County</strong> TexasAll bearings are based on the Texas State Plane Coordinate System Central Zone NAD83 Datum and adjusted to the surface by project surface adjustment factor of100013Access is permitted to highway facility from the remainder of the abutting propertyA plat of even survey date herewith accompanies this property descriptioncertify that the survey wasperformed on the ground under my supervision610 FDavid R Hartman Date1P GRegistered Professional Land Surveyor y Q s fState of Texas No 5264BT AtDArv 5264a


JAMES STEWART SURVEY 816SCALE INFEET100 50 0 100NO Delta Angle Radius Length Chord Bearing Chard LengthC27 0f294f 23263 00 60686 N2516 OE 606 84CENTER LINE CURVE DATA ML3PI STA 159336 97DELTA 4 39 47DEGREE 0 14 57TANGENT 936 44LENGTH 1871 85I RADIUS 23000PC STA 158400PT 53STA 1602 72 38PARCEL 25McLENNAN CO9266 ACI IVol 1796 Pg 728 DR0Do J Ii ivaw1 McLENNAN COoW 1 161r 1 9610 ACN yti1403 739 DRco 0 Wi I POHPARCEL 25MSto 158644 45 Q I Q7295 26 LTMN66 24ri48 33 rSic 1586 80 00p63 00 LT 0C271 I Sto 1592 80 00263 00 LTPROPOSED ROWIz N fiIrPARCEL 25oJa0HEWITT CITY LIMITS 1 jUNINCORPORTATED 523 49 56W 837 89 EXISTING ROWa158 1590 00r PROPOSED CENTERL1 CURVE ML3IInterstate Highway 35MCLENNAN CO0616 CINL COURT RECORDSMcLENNAN COUNTYsER 1kLANDESIGNPARCEL 25 ACRES 6048vi LAND SERVICES INCHIGHWAY IH 35 COUNTY McLennan o SURVEYORSROW CSJ 001501 220ZZ5122387901SCALE 1 100 SHEET 4 of 5 0 555 ROUND ROCK WEST DRBUILDING D SUITE 1704s ss r ZoosROUND ROCK TEXAS 78681PROJECT NAME 111 35 LORENA JOB NUMBER 101 07002T


CLEONK WARREN1 SCALE IN FEET AGNESS ANN BARNES4507 INTERESTet In 100 50 0 100 tCENTER LINE CURVE DATA ML3 SW DELTA45 FCn 1n TANGENT 936Xi0H Hqy Sp103839 SrA REMAINDER 307 88AC248 DRDEGREE 0 14 57 i p PEGGY WARREN SUMNER441j S HOMERLENGTHCLAY WARREN JRRADIUS 1808500 JESSIKA WARRENMcLENNAN CO s CLEVELANDFr PC STA 15840053ANNE HAL WARREN PLEDGERSTA 160272 38 9610 AC 0 AFy REMAINDER OF 378 88 AC1403 739 DR O 507 INTERESTX S 8j1038 581 DRN13O58E2 x N2645l 22793Sto 159440 00 1300LT Sto 15966N30425 E 252865 00 PROPOS ROW300LTy 287 05 LT S9lPARCELSsueNt1f 112523 5 5 WEXISTING OW u aJsS234956 W 83789TMCLENNANOCKOS ior14 j S rV 11595 00O C CWRTRECORDAPROP1McLENNAN COUNTY Interstate Highway 5 1NrJCuRVrrzotSURVEY LEGENDNOTES0 TYPE II MONUMENT SETALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEMCENTRAL ZONE WITH ALL DISTANCES AND COORDINATES BEING NAD 83 DATUMAND ADJUSTED TO THE SURFACE BY PROJECT SURFACE FACTOR OF100013TYPE I MONUMENT FOUND ACCESS IS PERMITTED TO THE HIGHWAYQ 518 IRON ROD SET FACILITY FROM THE REMAINDER OF THE ABUTTING PROPERTYW LANDESIGN CAP UNLESS NOTEDPROPERTY DESCRIPTION WITH SAME DATE WAS PREPARED WITH THIS PLAT0 58 IRON ROD SETW TxDOT CAP UNLESS NOTEDI HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER12 IRON ROD FOUND UNLESS NOTEDMY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECTQ IRON PIPE FOUND T THE BEST OF MY KNOWLEDGE AND BELIEFA CALCULATED POINTe PROPERTY LINEgCENTER LINEjRECORD INFORMATION Dovid R HortmonPC POINT OF CURVATUREPT POINT OF TANGENTPOB POINT OF BEGINNING575Registered Prof sionol Lond Surveyor No 5264 Stote of TexasPOC POINT OF COMMENCEMENTy g ACCESS DENIAL LINE Rev 05 15 10 tyTti reoLANDESIGNPARCEL 25 ACRES 6048Aral R SERVICES INCHIGHWAY IH 35 COUNTY McLENNAN 1e 5264ry Ar gQi 512 238790105 08 i t S 555 ROUND ROCK WEST DRgVROW CSJ 001501 220 DATE 08SCALE 1 100 SHEET 5 of 5 S U 6 V BUILDING D SUITE 170PROJECT NAME IH 35 LORENA JOB NUMBER 101 0702ROUND ROCK TEXAS 78681


THE STATE OF TEXASCOUNTY OF MCLENNANAFFIDAVIT AS TO DEBTS AND LIENSBEFORE ME the undersigned authority on this day personally appeared the undersigned hereinaftercalled Affiant whether one or more and each on oath deposes and says as follows1 Affiant is the owner of the following described property herein called the Property towitParcel 25 Being6048 acres of land more or less out of the James Stewart Survey Abstract No 816 inMcLennan <strong>County</strong> Texas and being more particularly described by metes and bounds in Exhibit A attachedhereto and made a part hereof for all purposes2 Affiant desires to sell the Property and to that end has requested that American Guaranty Title agent forAlamo Title Insurance issue a policy insuring title to the Property3 In connection with the issuance of such policy Affiant makes the following statement of factsabcdeThat Affiant owes no past due federal or state taxes and that there are no delinquent federal assessmentspresently existing against Affiant and that no federal or state liens have been filed against AffiantThat there are no delinquent state county city school district water district or other governmentalagency taxes due or owning against the Property and that no tax suit has been filed by any state countymunicipal water district or other governmental agency for taxes levied against the PropertyAll labor and material used in the construction of improvements or repairs if any on the Property havebeen paid for and there are now no unpaid labor or material claims against the improvements or repairsif any on the Property Affiant hereby declares that all sums of money due for the erection ofimprovements or repairs if any have been fully paid and satisfied and there are no mechanics ormaterialmen s liens against the PropertyThat no paving assessments or lien has been filed against the Property and Affiant owes no pavingchargesThat there are no judgment liens filed against Affiantf That there are no suits pending against Affiant in federal or state courtghThat Affiant knows of no adverse claim to the Property and that so far as Affiant knows there are noencroachments orboundary conflicts affecting the PropertyThat there are no outstanding improvement loans affecting the Property recorded or unrecorded exceptas followsNONEiThat Affiant has not heretofore sold contracted to sell or conveyed any part of the Property other than inconnection with this saleNONE


j That there are no unpaid debts for electrical or plumbing fixtures water heaters floor furnaces airconditioners radio or television antennae carpeting rugs lawn sprinkling systems venetian blindswindow shades draperies appliances fences or any other personal property or fixtures that are locatedon the Property and that no such items have been purchased on time payment contracts and there areno security interests in such personal property or fixtures located on the Property secured by financingstatements security agreement or otherwise except the followingSecured PartyApproximate AmountNONEkThat there are no loans of any kind affecting the Property except the followingCreditorApproximate AmountNONE4 Affiant recognizes that but for the making of the hereinabove statements of fact relative to the hereinabovedescribed property American Guaranty Title would not issue a title policy on said property and that suchstatements have been made as a material inducement for the issuance of such policyWITNESS my hand this the 12th day of October 2011McLennan <strong>County</strong>By Jim Lewis <strong>County</strong> JudgeSWORN TO AND SUBSCRIBED BEFORE ME at Waco McLennan <strong>County</strong> Texas this the 12th day of October2011NOTARY PUBLIC STATE OF TEXASAmerican Guaranty Title 331 W Highway 6 Suite A Waco TX 76710 GF 201007125


EXHIBIT APage 1 of 5August 05 2008Revised May 15 2010<strong>County</strong> McLennanHighway Interstate Highway 35Limits From South FM 2837 in Lorena to FM 2063 in HewittROW CSJ 001501 220Property DescriptionFor Parcel 25BEING6048 ACRES OF LAND SURVEYED BY LANDESIGN SERVICES INC OUTOF THE JAMES STEWART SURVEY ABSTRACT NO 816 IN MCLENNAN COUNTYTEXAS AND PART OF A CALLED 9266 ACRE TRACT DESCRIBED IN SPECIALWARRANTY DEED TO MCLENNAN COUNTY RECORDED IN VOLUME 1796 PAGE728 OF THE DEED RECORDS OF MCLENNAN COUNTY TEXAS DRMCT ANDPART OF A CALLED9610 ACRE TRACT DESCRIBED IN WARRANTY DEED TOMCLENNAN COUNTY RECORDED IN VOLUME 1403 PAGE 739 OF THEDRMCT AND BEING MORE PARTICULARLY DESCRIBED BY METES ANDBOUNDS AS FOLLOWSCOMMENCING at a found 12 iron rod in the south line of said 9266 acres in theexisting north right of way line of Pilgrim Lane called 1331 acres described in deed toMcLennan <strong>County</strong> recorded in Volume 1403 Page 714 of the DRMCTTHENCE South 6611 46 East 774 15 feet with the existing north rightof way line ofPilgrim Lane and the south line of said9266 acres to a set Type 11 monument in theproposed west right of way line of Interstate Highway 35 IH 35 and the POINT OFBEGINNING1 THENCE North 6621 45 East 48 33 feet through said 9266 acres with theproposed west rightof way line of IH 35 to a set Type 11 monument2THENCE 60686 feet along a curve to the right havingfeet a delta angle of 0129 41 and chord bears North 2516feet through said9266 and said9610 acre tract with the proposed west rightof way line of IH 35 to a set Type II monumenta radius of 23263 0017 East 606 843 THENCE North 1320 58 East 166 13 feet through said9610 acres with theproposed west rightof way line of IH 35 to a set Type 11 monument4 THENCE North 2641 51 East 227 93 feet through said9610 acres with theproposed west rightof way line of IH 35 to a set Type II monument5 THENCE North 3014 25 East 251 29 feet through said9610 acres with theproposed west rightof way line of IH 35 to a set Type II monument at the northeast corner of said9610 acre tract and the south line of a remainder of a called


Page2of5378 88 acre tract described in deed to Peggy Warren Sumner Homer ClayWarren Jr Jessika Warren Cleveland Ann Hal Warren Pledger recorded inVolume 1038 Page 581 of theDRMCT678THENCE North 5925 10 East 153 98 feet with north line of said9610 acresand the south line of said 378 88 acres to a set 58 iron rod with plastic capstamped Landesign in the existing west rightof way line of IH 35 and in thewest line of a called 14 40 acre tract described in deed to McLennan <strong>County</strong> forright of way recorded in Volume 0 PageMcLennan <strong>County</strong> Texas616 of the Civil Court Records ofTHENCE South 4826 01 East 52 41 feet with the north line of said 9610acres and the existing west right of way line of IH 35 to a found Type ImonumentTHENCE South 2349 56 West 453 55 feet with the east line of said 9610acres and the existing west right of way line of IH 35 to a set58 iron rod withplastic cap stamped Landesign9 THENCE South 0302 58 East 112 89 feet with the east line of said 9610acres and with the existing west right of way line of IH 35 to a found Type Imonument10THENCE South 2349 56 West 837 89 feet with the east line of said 9610acres the east line of said9266 acres and the existing west right of way lineof IH 35 to a set 58 iron rod with plastic cap stamped Landesign in theexisting north right of way line of Pilgrim Lane at the southeast corner of said9266 acres11 THENCE North 6611 46 West 247 69 feet with the existing north rightofwayof Pilgrim Lane and the south line of said 9266 acres to the POINT OFBEGINNING


Page 3 of 5This parcel contains6048 acres of land more or Tess out of the James Stewart SurveyAbstract No 816 in McLennan <strong>County</strong> TexasAll bearings are based on the Texas State Plane Coordinate System Central Zone NAD83 Datum and adjusted to the surface by project surface adjustment factor of100013Access is permitted to highway facility from the remainder of the abutting propertyA plat of even survey date herewith accompanies this property descriptionI certify that the survey was performed on the ground under my supervision1 6David R Hartman DatefatRegistered Professional Land SurveyorState of Texas No 5264t0 9R hIAT lM


PJAMES STEWART SURVEY ABS 816SCALE IN FEET100 50 0 100N0 Delta Angle Radius Length Chord Bearing Chord LengthC270r29 4r 23263130 606 86 N2576 17 E 606 84CENTER LINE CURVE DATA ML3PI STA 159336 97DELTA 4 39 47DEGREE 0 14 57TANGENT 936 44LENGTH 1871 85RADIUS 23000PC STA 158400 53PT STA 160272 38PARCEL 25McLENNAN CO9266 ACVol 1796 Pg 728 DRIRIs0 r CrO 0zaI v McLENNAN CO5 1 9610 AC VD w1403739 DRM w P08PARCEL 25HIrInSto 158644 45 I a295 LT X XI14833iVSto 1586 80 001 63 00 LTfI Sto 159280 00C27 263 00 LTr PROPOSED ROWi cIfiwNJ PARCEL 25IA fac1587aHEWITT CITY LIMITSUNINCORPORTATED 523 49 56W 837 89 EXISTING ROW1590 00vir14 40 AC0616 CIVIL COURT RECORDSMcLENNAN COUNTYPROPOSED CENTELINEF ICURV ML3Interstate t e r O t e H ig h waY 3 5sERyLANDESIGNPARCEL 25 ACRES 6048LO LAND NSERVICES INCHIGHWAY IH 35 COUNTY McLennan L SURVEYORSROW CSJ 001501 220A512 2387901SCALE 1 100 SHEET 4 of 5 1PROJECT NAME IH 35 LORENA JOB NUMBER 101 07002555 ROUND ROCK WEST DRBUILDING D SUITE 1702o0 ROUND ROCK TEXAS 78681


1ACLEON K WARRENSCALE IN FEET AGNESS ANN BARNES507 INTERESTrpA REMAINDER 307 88 ACgS 1038 248 DRI to 100 50 p 100 v1FI IH CENTER LINE CURVE DMA ML3W WPI STA 159336Fy SA97 STNlbW I Lad DELTA 4 39 47DEGREE 0 14 57 47p4S PEGGY WARREN SUMNERTANGENT1l 936 44T HOMERLENGTH CLAY WARREN JR5RADIUS 23000LMcLENNAN CO SCPC STAV158400 53 P JESSIKA WARREN CLEVELANDY ANNE HAL WARREN PLEDGERPT STAI160272 38 9610 ACAFy REMAINDER OF19378 88 AC1403 739 DR 507 INTERESTX 2 19S 81038 581 DR8jN13 2xN26 451 22793N3074C Sto 159440 00 ti300LT Sto 1596 65300LT25E 25 2900PROPOSED ROWSto 159912 60287 05 LT 459PARCEL2FzslN OS23 49 56 W 837 89j1rLfSgN1S23 45A1 54 w03EXISTING ROW ti xSrreSti1595 00OMCLENNAN CO676 cLN COt oSfLCEN1 ENAN UNTOS Interstate Highway 35 1SURVEY LEGEND NOTESO TYPE II MONUMENT SETALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEMCENTRAL ZONE WITH ALL DISTANCES AND COORDINATES BEING NAD 83 DATUMAND ADJUSTED TO THE SURFACE BY PROJECT SURFACE FACTOR OF100013TYPE I MONUMENT FOUND ACCESS IS PERMITTED TO THE HIGHWAYO 58 IRON ROD SET FACILITY FROM THE REMAINDER OF THE ABUTTING PROPERTYw LANDESIGN CAP UNLESS NOTEDPROPERTY DESCRIPTION WITH SAME DATE WAS PREPARED WITH THIS PLATp 58 IRON ROD SETw TxDOT CAP UNLESS NOTEDI HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER12 IRON ROD FOUND UNLESS NOTEDMY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECTQ IRON PIPE FOUND T THE BEST OF MY KNOWLEDGE AND BELIEFA CALCULATED POINTRPROPERTY LINECL CENTER LINERECORDINFORMATIONPC POINT OF CURVATUREL l 575 6David R HartmanRegistered Prole sionol Lond Surveyor No 5264 State of TexosPT POINT OF TANGENT AP08 POINT OF BEGINNING 11awaaPOC POINT OF COMMENCEMENT4P ttFAf ACCESS DENIAL LINE Rev 05 15 1CPARCEL 25 ACRES 6048s9lFUA1D1RyAHIGHWAY IH 35 COUNTY McLENNAN1 05264ROW CSJ 001501 220 DATE 05 08 17 N3 0LANDESIGNSERVICES INC512 238 79014 G5 0555 ROUND ROCK VEST DRSCALE 1 100 SHEET 5 of 5 S D R BUILDING D SUITE 170r ROUND ROCK TEXAS 78681PROJECT NAME IH 35 LORENA JOB NUMBER 101 0702


NONFOREIGN AFFIDAVITTHE STATE OF TEXASCOUNTY OF MCLENNANDate October 12 2011TransferorMcLennan <strong>County</strong>TransferorAddress PO Box 1728Waco TX 76703TransferorTax Identification Number 746002492TransfereeState of TexasProperty PARCEL 25 IH35 CSJ No 001501 2206048 Acres STEWART JAMES Survey No 815McLennan <strong>County</strong> TexasBEFORE ME the undersigned authority on this day personally appeared the undersigned and on oathdeposes and says as followsSection 1445 of the Internal Revenue Code provides that a transferee of a US real property interest mustwithhold tax if the transferor is a foreign person For US tax purposes <strong>including</strong> purposes of section 1445 theowner of a disregarded entity that has legal title to a US real property interest under local law will be thetransferor of the property and not the disregarded entity To inform Transferee that withholding of tax is notrequired on the disposition of a US real property interest by Transferor I certifyon behalf of Transferor that thecontents of this affidavit are trueTransferor is not a foreign corporation foreign partnership foreign trust or foreign estate as those terms aredefined in the Internal Revenue Code and Income Tax RegulationsTransferor is not a disregarded entity as defined in Treasury Regulation14452b2iiiTransferor understands that this certification may be disclosed to the Internal Revenue Service by Transfereeand that any false statement contained in this affidavit could be punished by fine imprisonment or bothUnder penalties of perjury I declare that I have examined this affidavit and to the best of my knowledge andbelief it is true correct and complete and I further declare that I have authority to sign this document on behalf ofTransferorMcLennan <strong>County</strong>By Jim Lewis <strong>County</strong> JudgeSWORN TO AND SUBSCRIBED BEFORE ME at Waco McLennan <strong>County</strong> Texas this the 12th day ofOctober 2011NOTARY PUBLIC STATE OF TEXASAmerican Guaranty Title 331 West Highway 6 Suite A Waco TX 76710 GF 201007125


1OCT 18 2011JA ANDY HARWELL CeUnVelkMcLennan Co unty pauseGyKELLY FULL BRIQHT DEPUTY


Recording of Authorization of FY 12 Pharmaceutical Agreement Diamond Pharmacyapproved by Order on September 20 2011 and recorded onPage 32 of these minutes ReceivedOCT 102011Acc TED BY COMMISSIONERS COURT 4o R 2E C O RS31 JGTHISY OF 00 20 11 McLennan <strong>County</strong> JudgeJUDGE


ReCeivedPROFESSIONAL SERVICE AGREEMENTOCT 0 7 2011FORHIlcLennan CountjPHARMACY SERVICESBETWEENMCLENNAN COUNTYANDDIAMOND DRUGS INCGeneral This Agreement made and entered into this first day of October 2011 by and betweenMcLennan <strong>County</strong> located at 215 North e Street Suite 100 Waco TX 76701 hereinafter known as theCOUNTY and Diamond Drug Inc also known as Diamond Pharmacy Services a Pennsylvania Corporationdoing business or having principal offices at 645 Kolter Drive Indiana PA 157013570 hereinafter knownas the PHARMACYpartyPHARMACY and COUNTY may also be jointly referred to as both partiesor eachServices PHARMACY agrees to provide all general and specialized pharmacy services to COUNTY Scorrectional facilities as outlined in the proposal submitted by PHARMACY entitled Request forProposal 11022 Pharmaceutical Service for McLennan <strong>County</strong> dated August 9 2011 Upon executionof this Agreement COUNTY agrees to purchase all prescriptions pharmaceuticalsmedications exclusively from PHARMACY except in the case of emergencyreadily available from PHARMACY during the term of this agreementand over the counterorders or where such are notPricingMedications will be billed per the pricing model in Exhibit AInsurance and Indemnification the PHARMACY shall maintain professional and general liabilityinsurance coverage at a minimum in the amount of one million dollars per occurrence and five milliondollars aggregate naming the COUNTY as an additional insured This insurance will be fully applicableto all services rendered by PHARMACY under this Agreement subject to the normal terms andexclusions of the policy PHARMACY will provide COUNTY with a certificate evidencing that theinsurance is in place upon this execution of the Agreement Policy will provide for at least thirty 30days written notice before any cancellation or alteration in policy terms before any term can bechanged or the policy cancelled PHARMACY agrees to send the other copies of any notices ofcancellation or alteration and that they will do so within ten 10 days of the receipt of any noticePHARMACY agrees to indemnify defend and hold harmless the COUNTY its agents officers employeesand independent contractor individually or collectively from any and all claims demands liabilities Tosscosts or expenses for any Toss damage or injury cause by the negligent acts or omissions of any employeeof the PHARMACY its employees agents or independent contractors or any employee or agent for anynegligent act or omission together with costs and expenses <strong>including</strong> reasonable attorney feesThe indemnification and hold harmless provisions of this Agreement shall survive the termination of thisAgreement for a period not to exceed that period upon which a claim for loss or damages could bebrought against either the PHARMACY under Texas statute of limitation applicable to any act of acts byPHARMACY


Regulation Compliance PHARMACY will comply with all applicable laws and regulations related toproviding services under this Agreement <strong>including</strong> ensuring that they and all of their employees complywith any and all licensing requirements More specifically PHARMACY agrees to strictly comply with allapplicable environmental laws and regulations all federal state local and the State Board of PharmacyRegulations and all state non discrimination requirementsSecurity Complianceprovides servicesPHARMACY agrees to abide by all security regulations of the facility where itLicensing Requirements Both parties agree to obtain the proper licensing required to meet theirrespective responsibilities under this Agreement to comply with this facility and any other local state andfederal regulationsInvoicing other Agencies PHARMACY will bill if eligible or print separate invoices for other agencies suchas Federal Bureau of Prison US MarshallICE compensation ADAP other counties or other sourceswhenever the patient is eligible if requested These prescriptions to other sources will be billed at thePennsylvania State Medicaid rate It is the COUNTY S responsibility to provide PHARMACY appropriatepatient and the billing information prior to submitting orders to properly invoice claims It is the COUNTYSresponsibility to verify its invoices monthly to assure claims were billed to the proper agency on a monthlybasis and inform the PHARMACY of any discrepancies within fifteen 15 days of receipt of invoices Billingother agencies are provided by PHARMACY as a courtesy and PHARMACY will not be responsible for anythird party claims which are not invoiced accuratelyCooperation Both parties agree to use their best efforts to cooperate with each other and departmentsin providing all information pertaining to all legal and regulatory compliance requirements for providingservices under this Agreement and will duly investigate and comply with any complaints brought to theother s attention by the other party or facility immediately PHARMACY and COUNTY agree to work witheach other in good faith to rectify any problems that may arise between partiesForce Majeure PHARMACY shall not be deemed in violation of this Agreement if PHARMACY is preventedfrom performing any of its obligations hereunder for any reason beyond PHARMACY s control <strong>including</strong>without limitation strikes or labor disputes inmate disturbances lack of COUNTY s financial or physicalresources failure of the facility to provide proper security services acts of God civil and military authorityacts of public enemy war accidents fire explosions earthquakes floods failure of transportation or anysimilar causes beyond the reasonable control of PHARMACY Delay beyond PHARMACY S control shall beexcused and the period of performance extended as may be necessary to enable the PHARMACY toperform after the cause of delay has been removed but such party shall give notice to the unaffectedparty within seven 7 days of such eventthe State Board ofPenalties PHARMACY will not be charged by COUNTY for any fines issued byPharmacy DEA FDA facility state county or any entity based on failure of facility s staff or PHARMACYnon compliance Any fines assessed by the State Board of Pharmacy to the COUNTY based on the acts oromissions of the facility staff or COUNTY will be paid by the COUNTY Any fines assessed by the StateBoard of Pharmacy to the COUNTY based on the acts or omissions of the PHARMACY for non compliancewill be paid by the PHARMACYEquipment PHARMACY will provide medication carts and fax machines for use with PHARMACY Spharmacy services as outlined in the attached proposal when requested and only in the amounts to coverprescription capacity provided by PHARMACY This equipment will remain the property of the PHARMACYthroughout and upon termination of the Agreement If the Agreement is terminated this equipment must2


e returned to PHARMACY immediately or COUNTY will be charged the amount to replace said equipmentas new if not returned within fifteen 15 days of service termination COUNTY will assist in carefullypackaging all equipment for return to PHARMACY COUNTY will also be charged for any damages of saidequipment while in COUNTY S possessionIntellectual Property COUNTY agrees that PHARMACY retains all rights title interest in and ownershipand reserves the right to use and control the use of its intellectual property rights in its assets <strong>including</strong>but not limited to its software reporting packages and user documentation operations procedures andstrategies formulary and clinical services manufacturer wholesaler group purchase and vendor contractsand resultant data and information patient claims and drug utilization information trade marks andservice marksIndependent Contractor Both parties in the performance of this Agreement shall be actingindividual capacity and not as agents employees partners jointin theirventures or associates of one anotherThe employees or agents of one party shali not be construed to be the employees or agents of the otherparty for any purpose whatsoeverJoint Purchasing Program Contract Opportunities COUNTY may permit authorized counties ortownships to participate in contract that COUNTY has entered into for the purchase of pharmaceuticalsfrom PHARMACY It is the responsibility of participating political subdivisions to ensure that they meet therequirements prior to ordering any suppliesor servicesUpon contract award authorized counties townships and other political subdivisions may be approved toorder directly with the PHARMACY All invoices shall be sent directly to the ordering political subdivisionaddress Under no circumstances is COUNTY obligated for any financial commitments for any supplies orservices purchasedunder this contractUnder no circumstances is any municipality county or authorized political subdivision authorized to modifyVendors who allow for the abovepricing terms and conditions or specifications of this contractmodifications to facilities with similar characteristics could be subject to COUNTY invoking its rights toterminate this contractNotices Any notice or communication required or permitted under this Agreement shall be in writing andshall be deemed delivered when delivered in person or by certified mail return receipt requestedaddressed as followsIf for COUNTYIf for PHARMACYMcLennan <strong>County</strong>Diamond Pharmacy ServicesKen BassMark J Zilner RPhDirector of PurchasingChief Operating <strong>Office</strong>r214 North 5 Street 645 Kolter DriveWaco TX 76701 Indiana PA 157013570Applicable Law This Agreement is being entered into in McLennan <strong>County</strong> Texas and shall be governedby the laws of the State of TexasIf any provision of this agreement shall be held to be invalid or unenforceable for any reasonSeverabilitythe remaining provisions shall continue to be valid and enforceable If a court finds that any provision ofthis agreement is invalid or unenforceable but that by limiting such provision it would become valid and3


enforceable then such provision shall be deemed to be written construed and enforced as so limitedWaiver of Contractual Right The failure of either party to enforce any provision of this Agreement shallnot be construed as a waiver or limitation of that party s right to subsequently enforce and compel strictcompliance with every provision of this AgreementEntire Agreement By execution of this agreement both parties agree to the terms and conditions setforth herein This Agreement constitutes the entire Agreement between the parties except to the extentcontained in the PHARMACY s response to the COUNTY s RFP which are incorporated herein except to theextent it conflicts with this Agreement No other agreement statement or promise relating to the subjectmatter of this Agreement that is not contained in the Agreement and incorporated response to <strong>County</strong> sRFP shall be valid or binding unless in writing as an amendment and signed by both partiesTerm and TerminationThis Agreement shall commence on the first day of October 2011 and shallcontinue for aperiod of one 1 year and may be renewed for four 1 additional one 1 year terms uponthe mutual consent of both parties Either party may terminate this Agreement upon the showing of justcause Just cause is defined as a party s major failure to perform under the terms of the contract or eitherparty s failure to cure a violation of this Agreement It shall be each party s obligation to notify the otherin writing as outlined in the notice section of this agreement of any violation or problem that exists underthis Agreement which has been brought to the alleged violating party s attention by an actual certifiedwritten notice from the other party outlining specific problem or violation giving that partya term of atleast ninety 90 days to correct the problems If the alleged violating party fails to make appropriatecorrections to major issues then the other party has just cause to terminate the agreement PHARMACYhas the right to terminate immediately by providing the COUNTY written notice for payment delays overthirty 30 days past the invoice date The parties may by mutual consent terminate this Agreement atany time upon terms they mutually agreed uponNON APPROPRIATION Multiyear contracts are subject to appropriation by the CommissionerCourtFunds for payment are provided through the McLennan <strong>County</strong> budget approved by the CommissionerCourt for this fiscal year only Texas law prohibits the obligation and expenditure of public funds beyondthe fiscal year for which the budget has been approved exceptin certain circumstances Thereforeanticipated orders or other obligations that may arise past the end of the current McLennan <strong>County</strong> fiscals non appropriation of funds for a future fiscal yearyear shall be subject to budget approval The <strong>County</strong>shall not subject the <strong>County</strong> to any liability penaltyor costApprovalAccepted By COUNTYAccepted By PHARMACYName SIVA LEI J6 Name Mark J Zilner RPhTitle E Title Chief Operating <strong>Office</strong>rSignature XSignature7Date et aD Date l130 14


EXHIBIT AFor services rendered the COUNTY will reimburse the CONTRACTORCONTRACTOR Services will be billed at Actual Acquisition Cost AAC of medications plus a dispensingdispensing prescription Each administration fee will be billed at the following ratefee eachPatient Specific Actual Acquisition Cost AAC Plus30 per PrescriptionStock AAC plus30 per piece dispensed for non oral solids and per up to 60 units per each piece dispensedfor oral solidsStock will be dispensed in bulk bottles blister cards or manufacturers unit doseActual Acquisition Cost AAC is defined as CONTRACTOR S direct upfront cost on medicationsAcquisition Costs will be submitted on a quarterly basis or more frequently if requested by COUNTYProof of ActualThe above bid includes all services <strong>including</strong> forms MAR s consulting inservices telephone consulting softwareaccess medication cart usage computerized reports etc outlined in CONTRACTOR S proposal Other services notoffered in CONTRACTOR S proposal will be charged at a negotiated rate at a minimum the CONTRACTOR S costCONTRACTOR S bid rate will remain firm throughout the contract agreementCompounded IV medications specialized vaccines chemotherapy blood products special compounds droppedshipped items and certain other specialty items etc are billed at Average Wholesale Price AWP plus400 perpieceAny interface or transmission fees charged by EHREMR company will be billed as a pass throughMaintenance medications will be dispensed in a routine thirty 30 day supply If your facilities require a lowerroutine days supply a higher rate will be negotiated All non emergency medications <strong>including</strong> OTCs the COUNTYutilizes must be purchased from PHARMACY To clarify in the event of an emergency any and or all medicationsmay be purchased through a local pharmacyCOUNTY agrees that PHARMACY retains and reserves all rights title use control interest in and ownership ofits assets <strong>including</strong> but not limited to its software reporting packages and user documentation operationsprocedures and strategies formulary and clinical services manufacturer wholesaler group purchase andvendor contracts and resultant data and information patient claims and drug utilization informationtrademarks and service marksCredit Credit will be issued at 100 of the AAC Credit will only be issued on returned non controlled tablets orcapsules remaining in the original blister packaging full or partial provided they are returned prior to three 3months of expiration not originally labeled as keep on person KOP have not been released to the inmatepopulation and are permitted for return by the State Board of PHARMACY and FDA Control medications or openpartial stock medications will not legally be credited per federal regulations Credits will be issued on medications


that Diamond PHARMACY currently stocks and can be redistributed to other clients for administration prior toof a Diamond Pharmacistexpiration Credits will be issued on medications based upon the professional judgmentand current market value of the medication Upon termination of this agreement credit will be applied tomedications returned to Diamond within 30 days of the termination dateReturns received at PHARMACY during the term of the contract by the 15 of the month will be credited on thenext invoice for that calendar month Credit memos will be deducted from payment of the oldest outstandinginvoices Upon contract termination any desired returns must be made within fifteen 15 days of contracttermination PHARMACY will not return any items returned by COUNTY not eligible for creditBackup PHARMACY services will be billed at the contracted backup PHARMACY s rate as billed through thePHARMACY Benefit Management PBM company plus backup s delivery or on call charge taxi or courier charge ifapplicable The COUNTY will be fully responsible for emergency order charges as a passthroughBilling disputes must be requested within two 2 months of receipt of invoice by COUNTY Disputes after two 2months will not be honoredIn the event the average price for gasoline reaches 500 per gallon for regular grade gasoline as published by the USDepartment of Energy s web page httpwww eia doe gov PHARMACY will charge any next day air shippingcompany s fuel charges as a pass through for that monthly billing cyclePHARMACY will bill or print compensation orders medical assistance health insurance ADAP the FederalGovernment INS US Marshallor other sources of payment whenever the patient is eligible and when PHARMACYis permitted These prescriptions for other sources will be billed at the Pennsylvania State Medicaid Rate In theevent these sources shall not pay their invoice within sixty 60 days of invoice date the COUNTY will be responsiblefor all charges in the full amount due and PHARMACY will cease billing these sourcesInvoicing will occur electronically as frequent as weekly or up to monthly Payment shall be made by check byCOUNTY and received at PHARMACY within thirty 30 days of the end of the billing cycle after receipt of themedications and receipt of invoiceSuch payment shall be sent via EFT or toDiamond Drugs IncDiamond Pharmacy ServicesPO Box 200796Pittsburgh PA 152510796 ryOCT 18 2011JA ANDY HARWEU ejNtLennan <strong>County</strong> TkaxasBy KELLY FULLER IdT DEPUTY


Recording of Joint Election Agreements for Sharing Election Day Polling Places for theNovember 8 2011 General Election City of Moody City of Bruceville Eddy Robinson ISDand Moody ISD approved by Order on September 20 2011 and recorded onPage 763 ofthese minutesRec eivatiOCT 062011McLennan <strong>County</strong> JudgeACCEPTED BY COMMISSIONERS COURT4 eGO RQ a CrTHIS 1YOFs20 1L


McLennan<strong>County</strong>1850KATHY E VAN WOLFEElections AdministratorMEMORANDUMTOFROMJim Lewis <strong>County</strong> JudgeCommissioner Kelly SnellCommissioner Lester GibsonCommissioner Joe MashekCommissioner Ben PerryKathy E Van Wolfe Elections AdministratorSUBJECT Approval of the Joint Election Agreement Sharing Election Day Polling PlacesNovember 8 2011 General ElectionDATE September 9 2011Attached are the Joint Election Agreements between McLennan <strong>County</strong> City of Bruceville Eddy City ofMoody Robinson ISD and Moody ISD to share the common Election Day Polling8 2011 General Election I would like to request approval of the Joint Election AgreementsPlaces for the NovemberThank you for your assistance with this request5043If you have any questions please contact me at extensionPO Box 2450 Waco TX 767032450 254 7575043 2547575041 FAX1I


3THE STATE OF TEXASCOUNTY OF McLENNANAGREEMENT TO SHARE ELECTION DAYPOLLING LOCATIONSNovember 8 2011 General ElectionTHIS AGREEMENT is entered into between MCLENNAN COUNTY acting hereinby and through the CommissionerCourt and City of Moody acting by and through itsCity Council for the purpose of sharing the Election Day Polling Place Section 42 0621 of theTexas Election Code for an election conducted on Tuesday November 8 2011respective governing bodies do hereby agreeas followsfor their1 The entities will utilize the common Election Day Polling Place in the voting precinct asshown in Exhibit A attached heretowill be shared2 The entities agreement that the rental costs incurred for the polling placebetween McLennan <strong>County</strong> and City of Moody30 00 Both entities will pay 15 00 per rental fee charged by<strong>County</strong> will pay all church s fees and will bill City of Moody for their portionrental fee after Election Day3 McLennan <strong>County</strong> s Presiding Judges will make arrangements for the polling placeopened from600 am until 800 pm on Election Day Tuesday November 8 2011The cost for rental of the church isthe church McLennanof theto beCity of Moody needs the building opened during other times their staff will need to makealternate arrangements with the individual polling place McLennan <strong>County</strong> s Electionspersonnel will not be responsible for the polling place other than the times of operationsnecessary to conduct the McLennan <strong>County</strong> General ElectionIfThis agreement is effective this AD dayof 2011MCLENNAN COUNTYJim Lew<strong>County</strong> udgeThis agreement is effective thisr3 dayof20111City of Moodyayor City of Moody


EXHIBIT APct 77First United Methodist Church500 6 StMoodyTX 76557


THE STATE OF TEXASCOUNTY OF McLENNANAGREEMENT TO SHARE ELECTION DAYPOLLING LOCATIONSNovember 8 2011 General ElectionTHIS AGREEMENT is entered into between MCLENNAN COUNTY acting hereinby and through the CommissionerCourt and the City of Bruceville Eddy acting by andthrough its City Council for the purpose of sharing the Election Day Polling Place Section42 0621 of the Texas Election Code for an election conducted on Tuesday November 8 2011for their respective governing bodies do hereby agreeas follows1 The entities will utilize the common Election Day Polling Place in the voting precinct asshown in Exhibit A attached heretos Presiding Judges will make arrangements for the polling place to beopened from600 am until 800 pm on Election Day Tuesday November 8 2011 Ifthe City of Bruceville Eddy needs the building opened during other times their staff will2 McLennan <strong>County</strong>need to make alternate arrangements with the individual polling place<strong>County</strong> s Elections personnel will not be responsible for the polling placetimes of operations necessary to conduct the McLennan <strong>County</strong>General ElectionMcLennanother than theThis agreement is effective this o1C day of Id 2011MCLENNAN COUNTYJim LeCountJudgeThis agreement is effective thi day A1L 2011City of Bruceville EddyMayor City of BrucevilleEddy


EXHIBIT APot 76BrucevilleEddy City Hall143A Wilcox DrEddyTX 76524


THE STATE OF TEXASCOUNTY OF McLENNANAGREEMENT TO SHARE ELECTION DAYPOLLING LOCATIONSNovember 8 2011 General ElectionTHIS AGREEMENT is entered into between MCLENNAN COUNTY acting hereinby and through the CommissionerCourt and Robinson ISD acting by and through itsBoard of Trustees for the purpose of sharing Election Day polling places Section 42 0621 ofthe Texas Election Code for an election conducted on Tuesday November 8 2011 for theirrespective governing bodies do hereby agreeas follows1 The entities will utilize common Election Day Polling Places in the voting precincts asshown in Exhibit A attached hereto2 McLennan <strong>County</strong> s Presiding Judges will make arrangements for the polling places tobe opened from600am until 800 pm on Election Day Tuesday November 8 2011If Robinson ISD needs the buildings opened during other times their staff will need tomake alternate arrangements with the individual polling placesElections personnel will not be responsible for the polling placesoperations necessary to conduct the McLennan <strong>County</strong>General ElectionMcLennan <strong>County</strong> sother than the times ofThis agreement is effective this 41p dayof 2011MCLENNAN COUNTYJim Les<strong>County</strong> JudgeThis agreement is effective this 3v day of gee feM b e r 2011fkfRobinson ISDPresid7lobinsonISD Board of Trustees


EXHIBIT APcts 15 16 60Robinson ISD Administration Building500 Lyndale Ave Waco TX 76706Pct 59 74City of Robinson City Hall111 W Lyndale Ave Waco TX 7670675Lorena High School1 Leopard Ln LorenaTX 76655Pct 90The Overlook1300 Placid Circle Waco TX 76706


THE STATE OF TEXASCOUNTY OF McLENNANAGREEMENT TO SHARE ELECTION DAYPOLLING LOCATIONSNovember 8 2011 General ElectionTHIS AGREEMENT is entered into between MCLENNAN COUNTY acting hereinby and through the CommissionerCourt and Moody ISD acting by and through itsBoard of Trustees for the purpose of sharing Election Day polling places Section 42 0621 ofthe Texas Election Code for an election conducted on Tuesday November 8 2011 for theirrespective governing bodies do hereby agree as follows1 The entities will utilize common polling places in the voting precinctsExhibit A attached hereto2 The entities agreement that the rental costs incurred for the polling placesbetween McLennan <strong>County</strong> and Moody ISDas shown inwill be sharedThe cost for rental of the churches is30 00 Both entities will pay 15 00 per rental fee charged by the churches McLennan<strong>County</strong> will pay all churches fees and will bill Moody ISD for their portion of the rentalfees after Election Day3 McLennan <strong>County</strong> s Presiding Judges will make arrangements for the polling places tobe opened from 600am until 800 pm on Election Day Tuesday November 8 2011If Moody ISD needs the buildings opened during other times their staff will need tomake alternate arrangements with the individual polling placesElections personnel will not be responsible for the polling placesoperations necessary to conduct the McLennan <strong>County</strong>General ElectionMcLennan <strong>County</strong> sother than the times ofThis agreement is effective this 40 day of Seed2011MCLENNAN COUNTYJig4s<strong>County</strong> JudgeThis agreement is effective this 2 dayof 2011Moody ISDPr sioodyISD Board of Trustees


Moody TX 76557 OCT 18 2011EXHIBIT APct 63Fellowship5200 Speegleville RdMcGregorBible ChurchTX 76657Pct 75Lorena High School1 Leopard LaneLorena TX 76655Pct 76BrucevilleEddy City Hall143A Wilcox DrEddyTX 76524Pct 77First United Methodist Church500 6 StJA ANDY HARWELL CetwlyfattM annan<strong>County</strong> b sBY KELLY FUI L IIDEPIRY


ORDER APPROVING PAYROLL STATUS FORMSCOUNTY SHERIFFINFORMATION TECHNOLOGYANDMAINTENANCE OF BUILDINGSOn this the 18 day of October 2011 came on for consideration the matter of Payroll Status Forms <strong>County</strong>Sheriff 3 items Information Technology and Maintenance of BuildingsCommissioner Mashek made amotion to approve and it was seconded by Commissioner Gibson and duly passed byunanimous vote It isordered by the Court that the said the Payroll Status Forms be and the same arehereby approved


RECtili1tiaMcLennan <strong>County</strong> Texas OCT 1 3 2011PAYROLL STATUS FORMNicLENNAN CORIDGELAST NAME FIRST NAME MI EMPLOYEE ID NO EFFECTIVE DATELehman Holli W 03975 10 18 11New Hire Promotion Reclassification Lateral Move Separation fromOther Demotion ma <strong>Salary</strong> Adjustment Merit Increase <strong>County</strong> EmploymentFULLTIME EMPLOYEESSALARY SCHEDULE FOR POSITION SOUGHTACTUAL SALARYEXISTING PROPOSED REVISION FROM TOJob TitleJob Code NumberMedical LVN Medi ral h u LVN1524 1524 15Department Name Health Direct id HealthnirPrt Aid Healthllirert AidPosition NumberSystemGrade1080 10R0B R B09 09 090 OMonthly Amount 4519 39 19004519 39Annual Amount54 7 46 80054 232 68<strong>Salary</strong> Survey Min2817 74FLSA STATUS<strong>Salary</strong> Survey Mid Exempt DATE OF HIRE3785 96<strong>Salary</strong> Survey MaxNonExempt4732 77DEPARTMENT NAME HOURLY RATEHOURLY EMPLOYEES04 18 11The CommissionerCourt annually sets the standard rate for hourly employeesCommissioners Court approval of this form is only necessary if the hourly pay ratestated exceeds the standard rate Call the HR Dept for the standard rateACCOUNT CODING For <strong>County</strong> Auditor s UseFUND COST CENTER OBJECT PROJECT MONTHLY SALARY PERCENTAGETotalAPPROVALSSee Note 1 A44414 oneer100DEPARTMENT HUMAN RESOURCES COUNTY AFINNWOR COMMIS SIIONERS COURTVA line item b9get transfer ApprovedThis proposed action 1 IS is is not required if AcceptedIhreby approve t e above action is not within the established approved by CommissionerCourtDeniedguidelines of McLennan <strong>County</strong> See attached if required1 DateVrtEMIaAiCa2IgraW 4MEL1IMPi1IOIIRIMIFi rNo Signature blanks should be markedNA if approval is not re red for this action N approval by the Co issioners Court is required foractions affecting hourly employees unless their hourly rate exceeds e fiscal year s adopted standard hourly rate eparations from employment requireonly the departments approval as to effective dateI COMMENTS BYRE EIVEDkih ieto je r 1 v 5 h e OCT 18 21111dA ANDY HAFtWituannan <strong>County</strong> TemaBy1sakumularahmoratrilUIVIAN RESOURCESOriginal<strong>County</strong> Clerk GreenTreasurer Canary Human Resources DepartmentGoldenrodOriginating Department


RECEIVECMcLennan <strong>County</strong> Texas OCT 13 2PAYROLL STATUS FORMtIcLENIUN COJUDGELAST FIRST NAME MI EMPLOYEE ID NO EFFECTIVE DATERobinson John A 04778 10 23 11New Hire Promotion Reclassification Lateral Move Separation fromOther Demotion mal <strong>Salary</strong> Adjustment Merit Increase <strong>County</strong> EmploymentFULLTIME EMPLOYEESSALARY SCHEDULE FOR POSITION SOUGHTACTUAL SALARYEXISTING PROPOSED REVISION FROM TOJob TitleJob Code NumberJailer sailer Jail3526 3526 1526Department Name Feed Care Feed Care Feed CarePosition NumberSystemGrade970 970 97nS s s50 50 50Monthly Amount 2969 03 9600969 03Annual Amount35 628 36 31 900356 3<strong>Salary</strong> Survey Min2339 88 FLSA STATUS<strong>Salary</strong> Survey MidExemptDATE OF HIRE2969 14<strong>Salary</strong> Survey MaxionExempt3598 39 04 23 11DEPARTMENT NAME HOURLY RATEHOURLY EMPLOYEESThe CommissionerCourt annually sets the standard rate for hourly employeesCommissioners Court approval of this form is only necessary if the hourly pay ratestated exceeds the standard rate Call the HR Dept for the standard rateACCOUNT CODING For <strong>County</strong> Auditor s UseFUND COST CENTER OBJECT PROJECT MONTHLY SALARY PERCENTAGETotal 100APPROVALS See Note 1lvo4 oFFICF RDEPARTMENT HUMAN RESOURCES COUNTY ASEIMMItt COMMISS fNERS COURTA line itembudrt transfer V ApprovedThis proposed action 17 is is I is not required if AcceptedI hereby approve the abo e action is not within the established by CommissionerCourtDeniedguidelines of McLennan <strong>County</strong>See attached if required 1i II Date1Note Signature mr approval blanks should be is not re ed for this action N approval by the Co issioners Court is required foractions affecting hourly employees unless their hourly rate exceeds e fiscal year s adopted standard hourly rate Separations from employment requireonly the asdepartments approvalto effective date0 COMMENTS BYRECEIVE rwPGit 4t e41 oi is O n 140 OCT 18 2011Original<strong>County</strong>ANDYHARWELLna tsnnan countyClerk Green Treasurer Canary Human Resources DepartmentOCTS171 x11RAstvelytDdei9AN RESOURCESGoldenrodOriginating Department


Lynne LockwoodFromSentToCcSubjectPaul Wash paul wash@co mclennan tx usTuesday October 11 2011 256 PMLynne LockwoodCody HutyraFw Attached ImageAttachments 111011145149 0001 pdf111011145149 0001pdf 77 KBLynneWe are requesting approvalfrom the Commissioners Court to set the pay to 10 00 per hourfor the 2 part time positions attached Please place on the upcoming agenda forconsideration ThanksCaptainPaul WashMcLennan <strong>County</strong> Sheriff s <strong>Office</strong>254 757 5112paul wash @co mclennan tx usOriginal MessageFrom McLennan Sheriff Admin MCSORecordsCopier @co mclennan tx usTo Paul Wash paul wash @co mclennan tx usSent Tuesday October 11 2011 251 PMSubject Attached ImageAp ROVEO B SS1 COURTTHIS r F1


T21itMCLENNAN COUNTYr s New Job VacancyMPositionClerk PartTime4Vacancy Number 1210PT8885868Department Sheriff s <strong>Office</strong>FLSA StatusNon Exempt<strong>Salary</strong> 81 Per Hour No BenefitsOpening Date October 3 2011Closing DateUntil Filled or ClosedESSENTIAL JOB FUNCTIONSFilingData EntryComputer InquiriesSpecial <strong>Projects</strong>Telephone OperationOTHER DUTIESAs assignedESSENTIAL PHYSICAL DEMANDSSome lifting bending standing walking andcomputer screens Fine dexterity typingsitting Vision mustbe able to readENVIRONMENTAL FACTORSWorks indoors in well lighted air conditioned officeEDUCATION SKILLS EXPERIENCERequired High School Diploma or GED and must be twenty one 21 years of ageApplicant must have excellent telephone skills and telephone etiquette Experience inresponsible clerical procedures organizational skills computers and the ability tooperate standard office equipment Preferred Experience with Microsoft Word andExcelTo be considered interested candidates must submit a McLennan <strong>County</strong> Applicationto the Human Resources Department Not every application will be interviewed Thetiring department will determine which candidates will be selected foran interviewEOEMcLennan <strong>County</strong> HR Dept 214 North 4 St Suite 200 Waco Texas 76701Job Line 254 757 5255 Phone 254 757 5158 Fax 254 757 5073Web Sitewww co mclennan tx us


igrlI19aA3A3PryMCLENNAN COUNTYNew Job VacancyL i Position Clerk PartTime1210PT8885861Vacancy Numberwi 4 Department Sheriffs <strong>Office</strong>FLSA StatusOpening Date October 3 2011 1S0Closing Date Until Filled or ClosedESSENTIAL JOB FUNCTIONSFilingData EntryComputer InquiriesSpecial <strong>Projects</strong>Telephone OperationOTHER DUTIESAs assignedESSENTIAL PHYSICAL DEMANDSNon Exempt<strong>Salary</strong>Per Hour No BenefitsSome lifting bending standing walking and sitting Vision must be able to read computer screensFine dexterity typingENVIRONMENTAL FACTORSWorks indoors in well lighted air conditioned officeEDUCATION SKILLS EXPERIENCERequired High School diploma or GED and must be twenty one 21 years of age Applicant must haveexcellent telephone skills and telephone etiquette Experience in responsible clerical proceduresorganizational skills computers and the ability to operate standard office equipmentPreferred Experience with Word Perfect EOETo be considered interested candidates must submit a McLennan <strong>County</strong> ApplicationResources Department Not every application will be interviewed The hiring departmentwhich candidates will be selectedforan interviewMcLennan <strong>County</strong> HR Dept 214 North 4 St Suite 200 Waco Texas 76701Job Line 254 757 5255 Phone 254 757 5158 Fax 254 757 5073Web Site www co mclennan tx usto the Humanwill determineRamOCT 18 2011JA ANDY HARWELM Lannan <strong>County</strong> TSzasBj K LLYELLLe M DEPUTY


Job TitleNew Hireici G IVRECEIVEDMcLennan <strong>County</strong> Texas OCT 1 3 2011PAYROLL STATUS FORMJLENNANCTYFIRST NAME MI EMPLOYEE ID NO EFFE DATEachia 4 A o09S 3 l l 1Promotion la Reclassification Lateral Move Separation fromOther Demotion <strong>Salary</strong> Adjustment Merit Increase <strong>County</strong> EmploymentJob Code NumberFULLTIME EMPLOYEESSALARY SCHEDULE FOR POSITION SOUGHTCOACTUAL SALARYEXISTING PROPOSED REVISION FROM TOOt Q A53 a7FalACnu Te 7 A 7 CM e 4 zin L Z z 0 L L 2c Z Z 02Department Name Ir r T 2TPosition NumberSystemGrade3 73 3 73 3 3 7Pg7 7 7 7Monthly Amount 3 220 3 2 2 0 2 1 1 7 26 9 7 Z 6Annual AmountF<strong>Salary</strong> Survey<strong>Salary</strong> Survey<strong>Salary</strong> SurveyMinMidMax7 5 a a 37 166 3576z 35 967 Z2 13f 92 V3 9 3 FLSA STATUS3z L 5 99 225ii 73 05 53 OSDEPARTMENT NAME HOURLY RATEHOURLY EMPLOYEES0 Exempt DATE OF HIREa Non ExemptThe CommissionerCourt annually sets the standard rate for hourly employeesCommissioners Court approval of this form is only necessary if the hourly pay ratestated exceeds the standard rate Call the HR DeptACCOUNT CODING For <strong>County</strong> Auditor s Usefor the standard rateFUND COST CENTER OBJECT PROJECT MONTHLY SALARY PERCENTAGECDTotal 100APPROVALS See Note15w a o iex itDEPARTMENT HUMAN RESOURCES COUNTY Alietiffigt COMMISSIONERS COURTThis proposed action isA line itembutet transferis not required ifI hereby approve the above action is not within the established approved by Commissionerguidelines of McLennan <strong>County</strong>y See attached if requireds CourtX fZo XA4aw 1 1 XV ApprovedAcceptedDeniedD1 1 l DateNote 1 Signature blanks should be mar ed NA if approval is not requi d for this action No approval by the Co sioners Court is required foractions affecting hourly employees unless their hourly rate exceeds th scalonly the departments approvalas to effective dateyear s adopted standard hourly rate St COMMENTS RECEIvSekofiG h40arations from employment requireif7 a11 2011iLJMAN KtbOURCESOriginal<strong>County</strong> Clerk Green Treasurer Canary Human Resources DepartmentGoldenrodOriginating Department


i0tIN Tl MCLENNAN COUNTYx p1h 1t l t i iIiHUMAN RESOURCES DEPARTMENT4th214 N Street Suite 200tWaco Texas 76701 1366t IQ <strong>Office</strong> 254 75751581 I fI Fax 254 7575073i JobLine 254 7575255hennan kelly@co mclennan tx usHERMAN E BUTCH KELLYHUMAN RESOURCES DIRECTORTOFROMRobert Wasson DirectorInformation TechnologyellytDATE October 12 2011REPosition ClassificationPer you request I have reviewed one of the positions in the IT DepartmentThe Computer Operator position Position Number 00000373 Job Code Number 2022encumbered by Barbara Hajek is currently in <strong>Salary</strong> Grade B7 and she is paid 2997 26 permonth position is budgeted at 3122 20 per month Amounts in <strong>Salary</strong> Grade B7 range asfollows Minimum2438 93 Midpoint3225 99 and Maximum4013 05 per monthBased on the information provided to me <strong>including</strong> the job description questionnairediscussions with you utilizing the point factor system and the fact the proposeddescribes what the position actually does I recommend the positionComputer Technician Position Number 00000373 Job Code Number 2022 <strong>Salary</strong>The Computer Operator position is currently nonexempt from the overtime provisionsLabor Standards Act FLSA and if the reclassification is approvednonexemptI am available to discuss the above at your conveniencetitle betterbe classified AssistantGrade B7of the FairI recommend it remainFarmOCT 18 2011R ANDY HARWEU ehtffWarman <strong>County</strong> TamBy KELLY F u i a nE DEPUTY


FAC CEWEDMcLennan <strong>County</strong> Texas OCT 1 A 2013PAYROLL STATUS FORM Tai LEN ANI COlitLAST NAME FIRST NAME MI EMPLOYEE ID NO EFFECTIVE DATEId 4 GTill rF o 2 6 7 o 1 04 New Hire Promotion Reclassification Lateral Move Separation fromJob TitleOther Demotion <strong>Salary</strong> Adjustment Merit Increase <strong>County</strong> EmploymentJob Code NumberDepartment NamePosition NumberSystemGradeFULLTIME EMPLOYEESSALARY SCHEDULE FOR POSITION SOUGHTACTUAL SALARYEXISTING PROPOSED REVISION FROM TOlJfffltI dAlff4 0r ghp77 7Monthly AmountAnnual Amounti f<strong>Salary</strong> SurveyMinFLSA STATUS<strong>Salary</strong> Survey Mid Exempt DATE OF HIRE<strong>Salary</strong> Survey Max Non ExemptU iDEPARTMENT NAME HOURLY RATE4 W OpHOURLY EMPLOYEESThe CommissionerCourt annually sets the standard rate for hourly employeesCommissioners Court approval of this form is only necessary if the hourly pay ratestated exceeds the standard rate Call the HR Dept for the standard rateACCOUNT CODING For <strong>County</strong> Auditor s UseFUND COST CENTER OBJECT PROJECT MONTHLY SALARY PERCENTAGETotal 100APPROVALS See Note 1 6 ceDEPARTMENT HUMAN RESOURCES COUNTYaktiffrieRCOMMISSIRNERS COURTA line item budget transferApprovedThis proposed actionis AcceptedI hereby approve the above action is not within the established is is not require if Py a pPapproved by CommissionerCourtDeniedguidelines of McLennan <strong>County</strong>lL See attached if required ID DateX Xwval i of re uire for this action No a roval b the Comm ioote 1ers Courtigna blanks should be marked NA if appro q PP Yis required foractions affecting hourly employees unless their hourly rate exceeds the f cal year s adopted standard hourly rate SepIlseXations from employment requireonly the departments approval as to effective date COMMENTSA4e L e a 7 f e 7 C 4aQ letcx enBYEIVED1 1 132011Original<strong>County</strong> Clerk Green Treasurer Canary Human Resources DepartmentHUMAN RESOURCESGoldenrodOriginating Department


A1G4MCLENNAN COUNTYzi t THUMAN RESOURCES DEPARTMENTi i2 N 4th Street Suite 2007rWaco Texas 76701 1366<strong>Office</strong> 254 7575158L a Fax 254 7575073X N JobLine 254 757 5255herman kelly@co mclennan tx usHERMAN E BUTCH KELLYHUMAN RESOURCES DIRECTORTO Commissioners CourtFROM HermanellyiDATE October 13 2011RERehiring RetireesOn October 12 2011 I was reviewing Payroll Status Forms that had either been approved byCommissioners Court or processed that did not require Court approval In sodoing I noticed thePayroll Status Form regarding William White copy attached Since the800 per hour salaryhad already been approved by the Court such status forms do not normally go to CourtHowever since Mr White is a retiree by policy the Payroll Status Form rehiring him must beapproved by the Court This was an administrative oversightAs a result I am submitting the proper documentation along with the Payroll Status Form asrequired by policy It should be noted Mr White worked 8 hours on October 10 and 11 and 2hours on October 12 2011I am available to discuss the above at your convenience


McLennan <strong>County</strong> TexasPAYROLL STATUS FORMALJ1AA IEi 1C4 FIRST NAME MI EMPLOYEE ID NO EFFECTIVE DATEtom 1 a P24C1 0 0 12ew Hire Promotion Reclassification Lateral MoveSeparation fromOther Demotion <strong>Salary</strong> Adjustment Merit Increase <strong>County</strong> EmploymentFULLTIME EMPLOYEESJob TitleJob Code NumberSALARY SCHEDULE FOR POSITION SOUGHTACTUAL SALARYRZ 83yXISTINGPROPOSED REVISION FROM TODClgC i lvDepartment NameQitc4 Q Bd IKPosition NumbergliSystemGradeMonthly Amount 1 gao flowldAnnual Amountyu<strong>Salary</strong> Survey<strong>Salary</strong> Surveyvy SurveyMinMidMaxHOURLY EMPLOYEESFLSA STATUSExemptNon ExemptDATE OF HIREO 0DEPARTMENT NAME HOURLY RATE The Commissioners Court annually sets the standard rate for hourly employeesJCommissioners Court approval of this form is only necessary if the hourly pay rateyLa b I ci gstated exceeds the standard rate Call the HR Dept for the standard rateACCOUNT CODING For <strong>County</strong> Auditor s UseFUND COST CENTER OBJECT PROJECT MONTHLY SALARY PERCENTAGETotal 100APPROVALS See Note 14 oFFt RDEPARTMENT HUMAN RESOURCES COUNTY COMMISSIONERS COURTTye proposed action A line ite budget transfer Approvedi Is notIljereby approve the above is is not Acceptedaction within the established required if approved byguidelines Commissioners Courtof uc n n CountIMISee atta ed if requiredXTjM TF ESE L d Mar XNote 1 Signat 1 blanks should be marked NA if approval is n required for this action No app oval by the Commissioners Court is required foractions affecting hourly employees unless their hourly rate exceeds the fiscal year s adopted stan d hourly rate Separations from employment requireDeniedDateonly the departments approval as to effective date COMMENTSBYOriginal <strong>County</strong> Clerk Green Treasurer Canary Human Resources Department Goldenrod Originating Department


AFFIDAVITREHIRING RETIREESThe State of Texas<strong>County</strong>of McLennanKNOWN ALL MEN BY THESE PRESENTSBEFORE ME the undersigned authority a notary public for the State of Texas on this daypersonally appeared 14e hereinafter calledAffiant known to me to be the person whose name is subscribed hereto who after being by me dulysworn upon oath deposed and statedJ1 My name is aM T and I am overeighteen 18 years of age I am a resident of McLennan <strong>County</strong> Texas I am fullycompetent to make this Affidavit the following facts are within my personal knowledgethe following facts are true and correct and this affidavit is made under penalty ofperjury2 I retired from employment with McLennan <strong>County</strong> on or about 23 20 andreceive or will receive retirement benefits under the Texas <strong>County</strong> and DistrictRetirement System TCDRS3 Said retirement was a bona fide separation from employmentwith McLennan <strong>County</strong> andtook place without any understanding communication discussion indication orarrangement express or implied formal or informal by from or on behalf of any electedofficial department head or employee of said <strong>County</strong> that I would be re hired givenwith McLennanpreferential consideration for rehire or would return to employment<strong>County</strong> after retirement4 I applied for re employment with McLennan <strong>County</strong> without promise or expectation ofre employment5 I have been offered re employmentwith McLennan <strong>County</strong> and this affidavit isspecifically intended to affect the course or outcome of the vote by the McLennan <strong>County</strong>Commissioners Court in an official proceeding concerning this re employmentFurther Affiant saith not6 vAffiant RetireeSWORN TO and SUBSCRIBED BEFORE ME this theI day of Ocobe y20IIOkANN CAMPBELLNOTARY PUBLICstate of TeasComm Exp06 21 2018LNotary Public State of exasNOTE An affidavit by 1 the Retiree and 2 the Elected Official Department Head or hiring authority offering reemployment and 3 any all Elected Officials and or Department Head s or hiring authority s for whom the Retireepreviously was employed by McLennan <strong>County</strong> during any period of previous employment in any office departmentor agency ofthe county if different from 2 must be submitted with the Payroll Status Form Attachment MCP02Aa


AFFIDAVITREHIRING RETIREESThe State of Texas<strong>County</strong>of McLennanKNOWN ALL MEN BY THESE PRESENTSBEFORE ME the undersigned authority a notary public for the State of Texas on this daypersonally appeared Sct Sy r es hereinafter calledAffiant known to me to be the person Whose name is subscribed hereto who after being by me dulysworn upon oath deposed and stated1 My name is Sa41 S7 014 and I am overeighteen 18 years of age I am a resident of McLennan <strong>County</strong> Texas I am fullycompetent to make this Affidavit the following facts are within my personal knowledgethe following facts are true and correct and this affidavit is made under penalty ofperjury2 Zdh hereinafter called Retiree retiredfrom employment with McLennan <strong>County</strong> on or about 2 3 1 Z c 0 andreceives or is to receive retirement benefits under the Texas <strong>County</strong> and DistrictRetirement System TCDRS3 Said retirement was a bona fide separation from employment with McLennan <strong>County</strong> andtook place without any understanding communication discussion indication orarrangement express or implied formal or informal by from or on behalf of any electedofficial department head or employee of said <strong>County</strong> that Retiree would be re hiredgiven preferential consideration forre hire or would return to employment withMcLennan <strong>County</strong> after retirement4 The Retiree has applied for re employment with McLennan <strong>County</strong> without promiseor expectation of re employment5 The Retiree has been offered reemployment with McLennan <strong>County</strong> and this affidavit isspecifically intended to affect the course or outcome of the vote by the McLennan <strong>County</strong>Commissioners Court in an official proceeding concerning this re employmentFurther Affiant saith notISAffant lect Official Department Heador Hiring Authority Offering ReemploymentSWORN TO and SUBSCRIBED BEFORE ME this the2011ANN CAMPBELLNOTARY PUBLICSosmnola1u rmF14 day of C4 phe rNotary Public State of exasNOTE An affidavit by 1 the Retiree and 2 the Elected Official Department Head or hiring authority offering reemployment and 3 any all Elected Officials and or Department Head s or hiring authority s for whom the Retireepreviously was employed by McLennan <strong>County</strong> during any period of previous employment in any office departmentor agency of the county if different from 2 must be submitted with the Payroll Status Form Attachment MCP02Ab1


AFFIDAVITREHIRING RETIREESThe State of Texas<strong>County</strong>of McLennanKNOWN ALL MEN BY THESE PRESENTSBEFORE ME the undersigned authority a notary public for the State of Texas on this daypersonally appeared 5c 5y K o ra hereinafter calledAffiant known to me to be the person whose name is subscribed hereto who after being by me dulysworn upon oath deposed and stated1 My name is SRM S KsPr c c and I am overeighteen 18 years of age I am a rersident of McLennan <strong>County</strong> Texas I am fullycompetent to make this Affidavit the following facts are within my personal knowledgethe following facts are true and correct and this affidavit is made under penalty ofperjury2 166 b1 a hereinaftercalled Retiree retiredfrom employment with McLennan <strong>County</strong> on or about 2 Z o 10 andreceives or is to receive retirement benefits under the Texas <strong>County</strong> and DistrictRetirement System TCDRS3 Said retirement was a bona fide separation from employment with McLennan <strong>County</strong> andtook place without any understanding communication discussion indication orarrangement express or implied formal or informal by from or on behalf of any electedofficial department head or employee of said <strong>County</strong> that Retiree would be re hiredgiven preferential consideration for re hire or would return to employment withMcLennan <strong>County</strong> after retirement4 The Retiree has applied for re employment with McLennan <strong>County</strong> without promiseor expectation of re employment5 The Retiree has been offered re employment with McLennan <strong>County</strong> and this affidavit isspecifically intended to affect the course or outcome of the vote by the McLennan <strong>County</strong>Commissioners Court m an official proceeding concerning this re employmentFurther Affiant saith notIitiTh ffiant Formerected Official DepartmentHead or Hiring AuthoritySWORN TO and SUBSCRIBED BEFORE ME this the2014iANN CAMPBELLNOTARY PUBLIC14 dayof OCA D P rALA06 21 2013 Notary Public State of exasNOTE An affidavit by 1 the Retiree and 2 the Elected Official Department Head or hiring authority offering reemployment and 3 any all Elected Officials and or Department Head s or hiring authority s for whom the Retireepreviously was employed by McLennan <strong>County</strong> during any period of previous employment in any office departmentor agency of the county if different from 2 must be submitted with the Payroll Status Form Attachment MCP02Ac


Fitat OCT 18 2011JA ANDY HARWELL CannyAttannan <strong>County</strong> Teasey KELLY FULLEIRI rr DEPUTY


ORDER SETTING A PUBLIC HEARING ON PROPOSAL TOCONTINUE TAXATION OF GOODSINTRANSITOn this the 18 day of October 2011 there came before the Commissioners Court thematter of authorizing the <strong>County</strong> Judge to set a public hearing for the purpose of hearingfrom interested members of the public relative to the followingA Proposal to provide for taxation of GoodsInTransit otherwise exemptfrom taxation bySection 11 253 of the Texas Tax CodeUpon motion being ma a by Commissionerseconded byCommissioner u and duiy passed the <strong>County</strong> Judge is herebyauthorized to set the time and date of said hearing in accordance with the TexasConstitution and Section 11 253 of the Texas Tax CodeJ<strong>County</strong>dgeFa OCT 18 2011JA ANDY HARWELL <strong>County</strong>arkMJ ennan <strong>County</strong> TamesKELLY FULLS IGNT DEPUTYy


ORDER APPROVING TRAVEL AND EDUCATION REQUESTSTEXAS AGRILIFE EXTENSION SERVICEDISTRICT ATTORNEYANDROAD BRIDGE PRECINCT 2On this the 18 day of October 2011came on for consideration the matter of Travel and or EducationRequestsRatifications Texas AgriLife Extension Service 5 requests District Attorneyand RoadBridge Precinct 2 Commissioner Mashek made a motion to approve and it was seconded byCommissioner Gibson and duly passed by unanimous vote It is ordered bythe Court that said TravelRequests and Authorization be and the same are hereby approved


iRECEIVEDOCT 1 1 2011t McLennan <strong>County</strong> Texas JUDGEsOut of <strong>County</strong> Travel Request FormDepartmentTexas AgriLife Extension ServiceConference TrainingSan Angelo Livestock ShowPurpose Supervise 4Hers at Stock Show Judging ContestsDestinationSan Angelo TXFrom Date 214 2012 To Date 26 2012Traveling EmployeesShane McLellanSarah ChudallaRegistration feeper personThis request includes please check all that applyLodging include rate below X Mileage Reimbursement X Other Gate Entry Fees XParking include rate below X Meal Reimbursement X Other Toll Road Charges IXHotel room rateper nightCheck if applicable ConferenceHost Hotel rate exceeds <strong>County</strong> Travel Policy rate of100 per night request reimbursement of ConferenceHost Hotel rateHotel parking rate self park rate per night Oparking rate is valet self park is not<strong>Budget</strong> Fund Deptid Account Project1 1 1 1 1 1Additional CommentsavailablePlease include any other anticipated expenses with detailed amounts if possibleExamples include tolls taxi rental car airfare airport parking etcExpenses will include gate entry fee lodging parking at hotel and fairgrounds meals mileage toll road chargesLodging rate not known at this time as reservations have not been made Agents will only attend on days4Hers are participatingDepartment th ation Commissioners Court ApprovalAPPROVED BY0044MISSIONERS COURTTHIS DAY F Fuf 20JLHIM OCT 18 2011 MUM JuoQcIA ANDY HARWELLCunty elerkM L nnan <strong>County</strong> T5zasBY KELLYRIU ERIQh T DEPUTY


RECEIVEDS4i OCT 1 1 2011ftg 1 McLennan <strong>County</strong> Texas icLENNAN can i Out of <strong>County</strong> Travel Request Form JUDGEV 4DepartmentTexas AgriLifeExtension ServiceConference TrainingStar of Texas Livestock ShowPurpose Supervise 4Hers at Stock Show Judging ContestsDestinationAustin TXFrom Date 392012 To Date 324 2012Traveling EmployeesShane McLellanSarah ChudallaRegistration feeper personThis request includes please check all that applyLodging include rate below X Mileage Reimbursement X Other Gate Entry Fees XParking include rate below X Meal Reimbursement X Other Toll Road Charges XHotel room rateper nightCheck if applicable ConferenceHost Hotel rate exceeds <strong>County</strong> Travel Policy100 per night requestrate ofreimbursement of ConferenceHost Hotel rateHotel parking rate self park rate per night oparkin rate is valet self park is not<strong>Budget</strong> Fund Deptid Account Project1 1 1 1 1 1Additional CommentsavailablePlease include any other anticipated expenses with detailed amounts if possibleExamples include tolls taxi rental car airfare airport parking etcExpenses will include gate entry fee lodging parking at hotel and fairgrounds meals mileage toll road chargesLodging rate not known at this time as reservations have not been made Agents will only attend on days4Hers are participatingDepartment o ation Commissioners Court Approval444APPROVED BY COMMISSIONERS COURTTHIS Sl s Y OF no4 20uHim OCT 18 2011JUDGEIA ANDY HARWELLfMcLennan <strong>County</strong> TamasBy KELLY FI DEPUTY


kfRECEIVE0 4OCT 1 1 2011i1 McLennan <strong>County</strong> Texas JicLEN COi1 n Out of <strong>County</strong> Travel RequestqForm JUDGEDepartmentTexas AgriLife Extension ServiceConference TrainingSan Antonio Livestock ShowPurpose Supervise 4Hers at Stock Show Judging ContestsDestinationSan Antonio TXFrom Date 282012 To Date 26 2012Traveling EmployeesShane McLellanSarah ChudallaRegistration feeper personThis request includes please check all that applyLodging include rate below Mileage Reimbursement X Other Gate Entry Fees XParking include rate below Meal Reimbursement X Other Toll Road Charges XHotel room rateper nightCheck if applicable ConferenceHost Hotel rate exceeds <strong>County</strong> Travel Policy rate of100 per night request reimbursement of ConferenceHost Hotel rateHotel parking rate self park rate per night El parking rate is valet self park is not<strong>Budget</strong> Fund Deptid Account Project1 1 1 1 1 1Additional CommentsavailablePlease include any other anticipated expenses with detailed amounts if possibleExamples include tolls taxi rental car airfare airport parking etcExpenses will include gate entry fee lodging parking at hotel and fairgrounds meals mileage toll road chargesLodging rate not known at this time as reservations have not been made Agents will only attend on days4Hers are participatingDepartment thorization Commissioners Court Approval1 4 APPROVED BY COMMISSIQJERS COURTTM THIS 1 DAY F 00 20JjRun OCT 18 2011TJA ANDY HARWELL Gaudy Ie tWarman <strong>County</strong> 1 sIcy KELLY FULgl IGI IT DEPUTY


RECEIVEDOCT 11 201e i t McLennan <strong>County</strong> Texas ticLENNAN COS Out of <strong>County</strong> Travel Request Form JUDGEDepartmentTexas AgriLife Extension ServiceConference TrainingFt Worth Livestock ShowPurpose Supervise 4Hers at Stock Show Judging ContestsDestinationFt Worth TXFrom Date 13 2012 To Date 242012Traveling EmployeesShane McLellanSarah ChudallaRegistration feeper personThis request includes please check all that applyLodging include rate below X Mileage Reimbursement Other Gate Entry Fees XParking include rate below X Meal Reimbursement al Other Toll Road Charges IXHotel room rateper nightCheck if applicable ConferenceHost Hotel rate exceeds <strong>County</strong> Travel Policy rate of100 per night request reimbursement of ConferenceHost Hotel rateHotel parking rate self park rate per night 0parking rate is valet self park<strong>Budget</strong> Fund Deptid Account Project1 1 1 1 1Additional CommentsavailablePlease include any other anticipated expenses with detailed amounts if possibleExamples include tolls taxi rental car airfare airport parking etcExpenses will include gate entry fee lodging parking at hotel and fairgrounds meals mileage toll road chargesLodging rate not known at this time as reservations have not been made Agents will only attend on days4Hers are participatingis notDepartment r ti n Commissioners Court ApprovalAPPROVED BY COMMISSIONERS COURTTHIS DAY F n R 20Io OCT 18 2011sCOUNTYDGEJA ANDY HARWELL <strong>County</strong> Cie kMclennan <strong>County</strong> TexasIj KELLY FULLSPICHT DEPUTY


REEVEDOCT 1 142011t 10k r McL ennan <strong>County</strong> TexassN JUDGEv1aOut of <strong>County</strong> Travel Re uest FormqCODepartmentTexas AgriLife Extension ServiceConference TrainingHouston Livestock ShowPurpose Supervise 4Hers at Stock Show Judging ContestsDestinationHouston TXFrom Date 27 2012 To Date 318 2012Traveling EmployeesShane McLellanSarah ChudallaRegistration feeper personThis request includes please check all that applyLodging include rate below X Mileage Reimbursement X Other Gate Entry Fees XParking include rate below X Meal Reimbursement X Other Toll Road Charges fXHotel room rateEl Check if applicable ConferenceHost Hotel rate exceeds <strong>County</strong> Travel Policy rate of100 per night request reimbursement of ConferenceHost Hotel rateper nightHotel parking rate self park rate per night E parking rate is valet self park is not<strong>Budget</strong> Fund Deptid Account Project1 1 1 1 1 1Additional CommentsavailablePlease include any other anticipated expenses with detailed amounts if possibleExamples include tolls taxi rental car airfare airport parking etcExpenses will include gate entry fee lodging parking at hotel and fairgrounds meals mileage toll road chargesLodging rate not known at this time as reservations have not been made Agents will only attend on days4Hers are participatingDepartme ii t izationCommissioners Court Approvalc1 A APPROVED SY COMM ISSI ERS COURTTHIS k Y F20 liFttin OCT 18 2011 cotNw WAEJA ANDY HARWELLMiannan <strong>County</strong> boaBy KELLYFLU LSRIGIfT DEPUTY


Rec vodN OCT 0 6 2011tr 4 a Al McLennan <strong>County</strong> Texas McLennan <strong>County</strong> Judgek bOut of <strong>County</strong> Travel Request FormDepartmentCriminal District AttorneyConference Training TDCAA Key <strong>Personnel</strong> Victom Svc CoorPurposeDestinationTrainingHoustonFrom Date 2Nov To Date 4NovTraveling EmployeesTracy ViladevallRegistration fee275 per personThis request includes please check all that applyLodging include rate below x Mileage Reimbursement x Other nParking include rate below x Meal Reimbursement x Other IHotel room rate100 per nightECheck if applicable ConferenceHost Hotel rate exceeds <strong>County</strong> Travel Policy rate of100 per night request reimbursement of ConferenceHost Hotel rateHotel parking rate self park rate per night oparkin rate is valet self park<strong>Budget</strong> Fund Deptid Account ProjectI 11 2101 1 6191021 IAdditional Commentsavailableis notDepartment AuthorizationCommissioners Court ApprovalSr Le 1 APPRO D BY COMMISSISMEAS COURTTHIS DAY F CAM 2061FM OCT 18atJuat2011JA ANDY HARWELL GatinVe40M Lznnan <strong>County</strong> lbxnsEl KELLY FULLBRIOHT DEPUTY


444 40 Revisiont 1 fie McLennan <strong>County</strong> Texash i 1 liOut of <strong>County</strong> Travel Request FormDepartment Road Bridge Precinct 2Conference Training 2011 TACERA Workshop ConferencePurposeDestinationProfessional DevelopmentSan Antonio TexasFrom Date 10 24 2011 To Date 10 27 2011Traveling EmployeesAndre LangrumThad JonesRegistrationfee 135 00 per personThis request includes please check all that applyLodging include rate below X Mileage Reimbursement X Other nParking include rate below X Meal Reimbursement X Other IHotel room rate 87 00 per nightCheck if applicable ConferenceHost Hotel rate exceeds <strong>County</strong> Travel Policy rate of100 per night request reimbursement of ConferenceHost Hotel rateHotel parking rate 25 00 self park rate per night Oparking rate is valet self park isnot available<strong>Budget</strong> Fund Deptid Account Project1032 25 36201 1 6191021 1Additional CommentsPlease include any other anticipated expenses with detailed amounts if possibleExamples include tolls taxi rental car airfare airport parking etcDepartment Authorization4iCommissioners Court Approvale 1 APPRO D BY COMMISSIONERS COURTTHIS Y O20KM OCT 18 2011IA ANDY h ARWELL CountPCOM Lannan <strong>County</strong> TamaSyKELLY FULLERIGI IT DEPUTY


ORDER ACCEPTINGLINEBARGER GOGGAN BLAIR SAMPSON LLPACTIVITY REPORT ON DELINOUENT TAX COLLECTIONSAUGUST AND SEPTEMBER 2011On this the 18 day of October 2011 came on for consideration the matter of Linebarger Goggan BlairSampson LLP Activity reporton Delinquent Tax Collections August and September 2011Commissioner Mashek made a motion to approve and it was seconded byCommissioner Gibson andduly passed by unanimous vote It is ordered by the Court that said Report be and the same is herebyaccepted


LINEBARGER GOGGAN BLAIRATTORNEYS AT LAWSAMPSON LLPReceivedAUSTIN AVENUE SUITE 105R 17WACO TEXAS 76701254 7566609 OCT 1 2 2011FAX 877 2056750McLemmn <strong>County</strong> JudgeOctober 12 2011Honorable Jim Lewis <strong>County</strong> JudgeMcLennan <strong>County</strong> Courthouse501 Washington AvenueWaco Texas 76701Re Activity Report on Delinquent Tax Collections for the month of August and September 2011Dear Judge LewisLinebarger Goggan Blair Sampson LLP is pleased to provide the following informationrecapping our delinquent tax collection activity for the month of August and September 2011for our McLennan <strong>County</strong> delinquent tax collection programFor the month of August 2011 our collection program resulted in110 667 41 in delinquenttaxes penalty and interest being collected for the years 1989 thru 2010 Delinquent taxcollections included86 149 77 in base tax and24 51764 in penaltyand interest revenueFor the month of September 2011 our collection program resulted in 76 862 77 in delinquenttaxes penalty and interest being collected for the years 1991 thru 2010 Delinquent taxcollections included53 286 95 in base tax and 23 57582 in penaltyand interest revenueThe activities for AugustSeptember2011 includeFiling one hundred nineteen 119 lawsuits andor interventions for a total amount of95 286 78 in delinquent taxesResolving thirty seven 37 lawsuits for a total amount of 157 390 61 in delinquenttaxesBankruptcy representation and filing of thirteen 13 new proof of claims for taxes owedto the <strong>County</strong> and our other clients in McLennan <strong>County</strong> and received payments on sixtyfour 64 accountsConsistently supplementing our collection efforts with telephonedelinquent taxpayers to resolve their accountscollection calls toAustin Baltimore MD Beaumont Brownsville Chicago IL Conroe Corpus Christi Corsicana Dallas Denver CO Dublin OH EdinburgEl Paso Fort Worth Harrisburg PA Houston Jacksonville FL Kansas City MO Longview Los Angeles CA Lufkin Memphis TN Miami FLOdessa Philadelphia PA Phoenix AZ Richmond VA San Angelo San Antonio Texas City Tyler Victoria Waco Waxahachie


We consider it aprivilege to serve you in the collection of delinquent ad valorem taxes Asalways we appreciate the opportunity to work with you Please fee free to contact us at254 7566609 if you have any questions or if we can provide additional informationSincerelyBobbPartnerRich JrBLR mjbACCEPTED BY COMMISSIONERS COURT 4o 12THIS 11 PAY Y P of 20 14RECbRtal N CrJUDGEAustin Baltimore MD Beaumont Brownsville Chicago IL Conroe Corpus Christi Corsicana Dallas Denver CO Dublin OH EdinburgEl Paso Fort Worth Harrisburg PA Houston Jacksonville FL Kansas City MO Longview Los Angeles CA Lufkin Memphis TN Miami FLOdessa Philadelphia PA Phoenix AZ Richmond VA San Angelo San Antonio Texas City Tyler Victoria Waco Waxahachie


PmOCT 18 2011JAANDY HARVVEU DaintyMJannan <strong>County</strong> TexasB KELLYFW IERIGI rf DEPUTY


ORDER ACCEPTINGMONTHLY ACTIVITY REPORT SEPTEMBER 2011 END OF YEAR REPORTSRE HEALTH SERVICES DEPARTMENTOn this the 18 day of October 2011 came on for consideration the matter of Health Services DepartmentMonthly Activity Report September 2011 End of Year Reports Commissioner Mashek made a motionto approve and it was seconded by Commissioner Gibson and duly passed byunanimous vote It isordered by the Court that said Reports be and the same are hereby accepted


COUNTY INDIGENT HEALTH CARE PROGRAMEND OF YEAR REPORT11 TEXASD S H S Form 300Entity Name McLennan <strong>County</strong> State Fiscal Year 912010831 2011September 1August 31Check below which type of entity you represent<strong>County</strong> Public Hospital Hospital District1 TOTAL NUMBER OF UNDUPLICATED CLIENTS SERVED 1138To get the number of unduplicated clients do not count the same individual more than onceHow many of these clients are SSI appellants151I TOTAL EXPENDITURES 1701 609 48Break the total expenditures down into the following categories1 Physician Services 604 290 122 Prescription Drugs 726 442 3E3 Hospital Inpatient Services 95 221 8C4 Hospital Outpatient Services 80 4465 Laboratory X ray Services 180 1206 Skilled Nursing Facility Services 0C7 Family PlanningServices 0C8 Rural Health Clinic Services 0C9 State Hospital Contracts 0C10 OptionalHealth Care Services 176 394 01111Reimbursements 161 305 5EIII DIAGNOSES List the five top diagnoses of your clients1 Mal neo rectosigmoid jct2 Benign parxysmal vertigo3 Fracture of pubis closed4 Glaucoma NEC5 Secondary maligneo boneIV FEDERAL POVERTY GUIDELINESignature of Person SubmittingILLForm 300Used to Determine Eligibility7ril V 724Telephone Number of Person Submitting Form 300 s4 7 9S 79Date 9Z92011cPTTHIS sY F 0 201ED BY CUAAM1881UNtA9 COURT F R RCCORAt 06l sJUDGEOCTp1 8 2011JA ANDY HARWELL <strong>County</strong> ClerkM Lannan <strong>County</strong> TamaBy KELLYFUI LBRIGHT DEPUTYCIHCP 073 January 2008


COUNTY INDIGENT HEALTH CARE PROGRAMMONTHLY FINANCIAL REPORTII 74 TEXAS717115tatt 11t ijth 5asvh e Form 105<strong>County</strong> Name McLennan Reporting for Month Year September 2011orAmendment of the Report Month YearI REIMBURSABLE EXPENDITURES during This Report Month1 Physician Services 64 058 622 Prescription Drugs60 920 553 Hospital Inpatient Services 004 Hospital Outpatient Services 577 02Xray Services 21 904 645 Laboratory6 Skilled Nursing Facility Services 007 Family Planning Services 008 Rural Health Clinic Services 009 State Hospital Contracts 0010 Optional Services 10 23811 Total Expenditures add 1 through 10 162 699 06112 Reimbursement Received Do13 6 Eligibility System Review Findingsin errornot include State Assistance 46 760 2014 Total to be Deducted Add 12 13 46760 20115 Applied to State Assistance EligibilityReimbursement 11 minus 14 115938 861I1 EXPENDITURE TRACKING for State Assistance Funds Eligibility ReimbursementTOTAL EXPENDITURES for Current State Fiscal Year91 831GRTL 58 719 3771321 342 486 of GRTL 35231628 of GRTL 4697550 161e4iffeignature of Person Submitting Form 105DateAe diCIHCP 05September 2005ACCEPTED Dvcow Mt REMan 1 06rTHIS a AY of 20E OCT 18 2011JUDGEJA ANDY HARWELL <strong>County</strong> ClerkMcLennan <strong>County</strong> PamBy KELLY F1141 E1Pm rr DEPUTY


0 r 61vr fir a R riyriI x 76f fir 1tlb4Ii j at A l S fhb N j24F1HEALTH SERVICES DEPARTMENT204 N 7th StreetWaco Texas 76701254 757 5174FAX 254 7556128YEARLY REPORT FOR MCLENNAN COUNTY HEALTH SERVICES DEPARTMENTOCTOBER 2010 SEPTEMBER 2011HealthDirect Aid <strong>County</strong> Jail InmatesDental 85 769 00Hospital InpatientHospital OutpatientPhysiciansCare 87 166 54Care 17 649 72Service 30 337 39Lab and XRay Charges 28 685 11Ambulatory Surgical Center 520 11Prescription759 09Total Paid 250 886 96Prescription services on this report reflect patient specific and backup charges onlyACCEPTED BY COMMISSIONERS COURTpc R@C OR 6I X G THISY F C IJ4 204 iTJUDGEcOCT18 2 JANDY1 MannanKELLY FULLERIGHT DEPUTYCourtly Twosy


fir6iitilragyp iK 3t i t7pp VkJ 71 t et a4HEALTH SERVICES DEPARTMENT204 N 7 StreetWaco Texas 76701254 7575174FAX 254 755 6128YEARLY COUNT REPORT FOR INDIGENT HEALTHCARESEPTEMBER 2010 TO AUGUST 2011MCLENNAN COUNTY HEALTH SERVICES DEPARTMENTTotal number of clients in the department 5451Total number of IHC applications accepted 2303Total number of applications approvedfor IHC 1541Total number of active IHC clients 1399Total number of approved burial applications 82ACCEPTED BY COMPASS NERS COURT OR itEOO R D tTHIS 1c OFof201r iaOCT 18 2Jam ANDY HARWELL Oa reutilk annanCourtly 1sBy KELLYFUl LBRIQNj DEPLRY


Yr trkItltltltlata 11 tTitkIF i tv1 11 a l zc 7 tr ti r1Fy ail 1 s xVNzeHEALTH SERVICES DEPARTMENT204 N 7 StreetWaco Texas 76701254 757 5174FAX 254 7556128MONTHLY COUNT INDIGENT HEALTHCARE REPORT FOR SEPTEMBER 2011MCLENNAN COUNTY HEALTH SERVICES DEPARTMENTTotal number of clients in the department 463Total number of IHC applications accepted 161Total number of applications approvedfor IHC 104Total number of active IHC clients 757Total number of approved burial applications 11TH BY cooERS COURT4JUDGEOCT 1 8 2A ANDY HARWELL ceunvetilLannan <strong>County</strong> TeasBy KELLY FULLSPIGHT DEPUTY


Cr Si ifharp t d ay 1 r 1tbsr1 i ts kit j tYS r010t i vr xf f LC4J90a bvit ttAMs r fI tHEALTH SERVICES DEPARTMENT204 N 7th StreetWaco Texas 76701254 757 5174FAX 254 7556128MONTHLY REPORT FOR MCLENNAN COUNTY HEALTH SERVICESDEPARTMENT SEPTEMBER 2011Health Direct Aid <strong>County</strong> Jail InmatesDental 5445 00Hospital Inpatient Care 7336 45Hospital OutpatientCare 756 96Physicians Service 518 36Lab and XRay Charges 1670 65Ambulatory Surgical CenterPrescription 146 53Total Paid 15 873 95Prescription services on this report reflect patient specific and backup charges onlyACCEJBY COMMISSIONERS COURT S itQE CORAI 06rTHIS rt D OF 0020OCT 18211A ANDY HARWELL Gunfinnan <strong>County</strong> TunasBy KELLY FULLS DEPUTY


ORDER ACCEPTINGMONTHLY ACTIVITY REPORT SEPTEMBER 2011RE TEXAS AGRILIFE EXTENSION SERVICEOn this the 18 day of October 2011 came on for consideration the matter of Texas AgriLife ExtensionService Monthly Activity Report September 2011 Commissioner Mashek made a motion to approveand it was seconded by Commissioner Gibson and duly passed by unanimous vote It is ordered by theCourt that said Report be and the same is hereby accepted


Making aAgriLIFE EXTENSIONTexasAM SystemDifference in McLennan CountExtension Newsletter for <strong>County</strong> CommissionersOverview of major programming efforts for county extension agent Sarah Chudalla4H and Youth Development for the month of September 20111 Participated in District 8 Fashion Show committee meeting on LyncCompleted monthly reportsMcLennan <strong>County</strong>4H OpenHouse where newand current2 Annual leave members learnedabout4H5 Holiday projects and opportunities6 Entered heifers into the East Texas State Fair in Tyler Worked on 4HOpen House items and then had a meeting with the Open Houseplanning group at 6pmCompleted errands for Open House supplies and building useagreement mailed East Texas Fair entries and had checks signedRegistered for Progressive Agriculture Farm Safety Day Coordinatortraining8 Attended the District 8 Texas Association of Extension 4H Agentsmeeting in Williamson <strong>County</strong>9 Worked on Heart 0 Texas entries12 <strong>Office</strong> conference Entered HOT entries online Conducted livestock 4judging orientation Had volunteer conduct a rabbit clinic 1t13 Entered HOT entries online Went to the McLennan <strong>County</strong> JuniorLivestock Show steer validation and board meeting14 Annual leave r15 Finalized HOT entries and turned them in to the fair16 Attended the District 8 Program Planning Meeting in Stephenville19 Processed county photography entries and San Antonio Livestockcf tShow calf scramble entries20 <strong>Office</strong> conference Processed and sent county photography winnerssto the District <strong>Office</strong> for contest Participated in the interviewing of two 1for Texans applicants Assisted with the CattleiBetter Livingg PP uShowmanship Clinic21 Met with Holiday Classic goat committee via rrLync Prepared project iflyers for Open House 422 Assisted in conducting the Leadership Advisory Board EducationalEvent Continued work on Open House flyers23 Set up for 4H Open House24 First Ever McLennan <strong>County</strong> 4H Open House held at the Extraco Events Center from9AM 12PM 101participated in project and opportunity sessions club booths and door prizes Most project sessions were leadby current membersACCT I EU b r Cc mmiSSIONERS COURT o RTHIS A iaY F 201E4tfQE co Q Q I NtIatWinrfJUDGE


26 <strong>Office</strong> conference Worked with FCS agent in completing the McLennan <strong>County</strong> 4H Family ConsumerScience program plan for 2012 Met with DEA Mr Kelm and staff about job responsibilities27 Completed BLT report for the quarter Completed program plans for 2012 Conducted the first Leaders 4 Lifemeeting orientation for the new year28 Worked on newsletter for October Attended the Texas Reporting training on Lync29 Judged District 8 Photography and served as chairmen on this committee Sent out 4H newsletter30 Annual leaveMcLennan <strong>County</strong> 4H also collected 1712 bottles of water 34 bottles of 32oz Gatorade 88 bottles of 20 ozGatorade 60 bottles of 16 oz Gatorade 35 bottles of 12 oz Gatorade 3 one gallon jugs of Gatorade 24packets of Gatorade power 8 bottles of Boost 44 tubes of Chapstix 124 cracker packets 2 large bags ofTrail Mix 1 large bag of pretzels 58 power bars 2 large bags of peanuts 24 packets of peanutsand 80 snackbars to go towards the effort of the Texas4H Operation Supply Relief to support firefighter rescuers andfire victims It is amazing what a youth organization can do to help those in needProgramming plansfor the month of October 20113 <strong>Office</strong> conference Prepare chance drawing tickets Conduct Volunteer Task Force meeting4 Complete travel reports Conduct Leaders 4 Life meeting5 Complete monthly reports6 Prepare for beingout of the office for HOT Fair715 Heart 0 Texas Fair16 Take members to the State Fair of Texas for livestock judging18 Assist in conducting Lamb and Goat validation for majors and county show20 Attend the State Fair to supervise youth showing heifers24 Program Planning meeting with DEA and RPD via Lync Attend the District 8 4H Gold Star Banquet25 Assist in conducting Lamb and Goat validation for majors and county showNumber calls to the office regarding4H 205Number of individuals orfamilies that came into the office for information 89Number of traveled miles related to work 3974H Membership Total 209 youth 37 adult volunteersTs utCTExtension programs serve people of all ages regardless of socioeconomic level race color sex religion disability or national origin The TexasAM UniversitySystem US Department of Agriculture and the <strong>County</strong> Commissioners Courts of Texas Cooperating


TEXASAGRILIFEMcLennan <strong>County</strong>EXTENSION SERVICE Fam and Consumer ScFamilies are changing and changingfamilies4 2 0 N O R T H 6 T H S T R E E T O C T O B E R 2 0 1 1October 2011 New BLT Extension Assistant i7Submitted sxApril Guerrero<strong>County</strong> ExtensionAssistantEnmity Consumer SciencesHello everyone My name is April 1 1Guerrero and I am the new BLTExtension Assistant in McLennan <strong>County</strong> 4001r AIIPARyI was born and raised in the Rio GrandeValley of South Texas and attended col ilege at Baylor University I am really excited to be back in Central Texas and thelp educate the McLennan county onThis month I will benutrition topicsaETlAiemostly training getting mMcLennan <strong>County</strong>AgriLife Extension system and estab l klishing contactsfamiliar with the filexasAgZiceExbension UpcomingService McLennan <strong>County</strong>420 North 6th StreetWaco IX 767017575180 phone757Plans for November 2011Nov 2 Restoration Haven nutrition classNov 7COSTA nutrition class5097 fax Nov 9HSAC mtgNov 14COSTA nutrition classRestoration Haven nutrition classNov 16 Restoration Haven nutrition classNov 21 COSTA nutrition classNov 28 COSTA nutrition classNov 29 Woodrow Head Start nutrition classNov 30 Central Head Start nutrition classAgriLIFE EXTENSIONTootsia owSosonImproving Liws Improving ThouEducatkmalprograms of Texas Agr t4fe Edcnsket Service are open to all peopk without regard to roar color sac disability religion age or national originThe Term AM University System US Department ofAgriculture and dm <strong>County</strong> Commissioners Courts of Texas Cooperating


sPAGE 2 t1Inside Story HeadlineiR This story can fit 150200 A great way to add useful con used for your Web site Micro2words tent to your newsletter is to soft Publisher offers a simpletaCaption describingpicture or graphicCOne benefit of usingdevelop and youryour own way to convert your newsletarticles or include a calendar ter to a Web publication Sonewsletter as a promotionaltool is that you can reuse conof upcoming events or a spe when you re finished writingtent from other marketingcial offer that promotes a new your newsletter convert it tomaterials such as press re producta Web site and post itleases market studies andreportsWhile your main goal of dis cessingYou can also research articlesor find filler articles by acthe World Wide WebYou can write about avarietytributing a newsletter might beof topicsbut toto sell your product or servicePkeep y our1 the ke to a successful articles shortnewsTItletter is making it useful to Muchyour readersof die content you put inyour newsletter can also be1To catch theInside Story HeadlineThis story can fit 100150 If the newsletter is distributed torial You can also profile newreader s attention words internally you might comment employees or top customersplace an The subject matter that apupon new proceduresor impears in newsletters is virtuallyprovements P to the businessinterestingendless You can include stoSales figures or earnings willries that focus on currentshow how your business issentence orquote technologies or innovations in growingfrom the storyhereyour fieldYou may also want to notebusiness or economic trendsor make predictions for yourcustomers or clientsSome newsletters include acolumn that is updated everyissue for instance an advicecolumn a book review a letterfrom the presidentor an ediInside Story Headlineor vendorsThis story can fit 75 self if the picture supports or tools you can use to drawCaption 125 words enhances the message you re shapes and symbolsdescribingSelecting pictures or trying to convey Avoid selectOnce you have chosen anpicture or f graphics is ing images an importo appear beimage place it close to thegraphici t part of out of contextaddingarticle Be sure to place the1ia 1 t 4 content to your Microsoft Publisher includes caption of the imagef r newsletter thousands of clip art images imagee rfrom which youcan choose10 Think about yourandj1 41111article and ask import into your newsletyourter There are also severalnear theMCLENNAN COUNTY


420 NORTH 6TH STREET PAGE 3Inside Story HeadlineportsWhileCaptionyour maindescribing goalgof distributing anewsletter mightpicture7 bep orto sell your productgraphicor service the keyto a successful newsletter is making ituseful to your readersThis story can fit 150200 wordsA great way to add useful contentOne benefit of using your newslet to your newsletter is to developter as a promotionaltool is that and write your own articles orcanyou reuse content from other include a calendar of upcomingmarketing materials such as pressevents or a special offer that proreleases market studies and re motes a new productYou can also research articles orfind filler articles by accessing theWorld Wide Web You can writeabout avariety of topics but try tokeep your articles shortMuch of the content you put inyour newsletter can also be usedfor your Web site Microsoft Publisher offers a simple way to convert your newsletter to a Webpublication So when you re finished writing your newsletter convert it to a Web site and post itTo catch thereader sattentionplace an1Inside Story Headline interestingIIsentence orThis story can fit 100150 words If the newsletter is distributed in newemployees or top customers quote from theternally you might comment upon or vendors sto hereThe subject matter that appears inryInewsletters is virtually endless You new proceduresor improvementsI1can include stories that focus onto the business Sales figures orcurrent technologies or innovations earnings will show how your busi Iin your fieldHess is growingYou may also want to note businessSome newsletters include a column1or economic trends or make prethat is updated every4issue fordictions for your customers instance an advice column a book 1orreview a letter from the presidentIclientsor an editorial You can also profileInside Sto ry Headline1This canstory fit 75125 words sandsSelecting pictures or graphics is an youimportant part of adding content to youryour newsletterThink about your article and askYyourself if the picture supports orenhances the message you re tryingto to convey Avoid selecting imagesthat to appear be out of contextgraphicMicrosoft Publisher includes thouof clip art images from whichcan choose and import intonewsletter There are alsoseveral tools you can use to drawshapes and symbolsOnce you have chosen an imageplace it close to the article Be sureplace the caption of the imagenear the image0r ezCaption describing picture or


arAugust 2nd Bounce CampAugust 3rd Nutrition Snack Demo at MarlinAugust 13th 4H BanquetrperA1 ViriAugust 17 Dinner Tonight FilmingAugustd18th PE teachers discussion aazAugust 22nd Esmarelda Housing Authority ClassAugust 26th Master Wellness Volunteer meetingV i st0241114711Hip Hop to Health FairUpcoming ProgramsSeptember 6th Diabetes Support Group Session 1September 13th Waco ISD SHAC MeetingSeptember 15th Diabetes 101 Training for Americore VolunteersSeptemberSeptember16th Christians Women Job Core Nutrition Class19th Texas Workforce ClassAugust Educational Programmingprograms 7Contacts150Planning Meetings 7Phone Calls100September 22nd Planning for the FutureSeptember 26th Esmarelda Housing Authority Nutrition ClassSeptember 27 BIG Decisions Program at Conally ISDSeptember30th WIC Nutrition Classes


McLennan <strong>County</strong>TEXAS AGAIIIFEEXTENSION SERVICE Fam and Consumer SciencesFamilies are chang and re changingfamilies4 2 0 N O R T H 6 T H S T R E E T S E P T E M B E R 2 0 1 1September 2011Submitted SrStand Up for Diabetes Support Group September 6th14 participants attend the monthly support group irkheld at McLennan Community College Each classhasn and nutrition iself management nn componentThe October class focused on Diabetes 101 andIcarbohydrate counting A recipe demonstrationwas conducted to show how easy diabetes friendly Irecipes can be The support groups next meetingwill focus on the importance of exercise and healthy snacking4Jessica TheimerWFamily consumer SciencesMcLennan <strong>County</strong>mkaczgk ag iama amLedaTexas AnZiCeEx eTr ionService McLennan countygTexas Workforce Portion bistortion Class8 participants attended the healthy lifestyles class where portiondriNcussed Each participantstrategies to build a healthy plate whilecontrolling portionsabout My Plate recommendations and healthy eating420 North 6th Streetclass meets once a monthWaco TX 767017575180 phone75715097 faxCosta Esmeralda ApartmentsNutrition ClassesCosta Esmeralda Apartments is an affordable housingin Waco Texas AgriLifesizes were dislearned differentThe class also talkedhabits Thisunit locatedExtension offers classes to residentsonce a month Topics included Stretching Food Dollars KeepingYour Food Safe Healthy Cooking Demonstrations Portion Sizesand many other topicsthe club house Six participants attended the session where theylearned how to control portions using the Plate Method and discussed healthy menu planningThe last class was held on October 26th atAgriLIFE EXTENSIONicannAM Syatamtmproriaaiestspreriaa liwarEducational programs of Texas Agrildje Extension Service are open to allpeople without regard to race color sex disability religion age or national originThe Terar AAM University System US Deymnnerd ofAgricattare and the Connty Cwtmksioners Comm of Texas Cooperating


September 8th 4H PDC MeetingSeptember 12 Family Issues Summit MeetingSeptember 13th Home Educators Food Challenge DemoSeptember 13th Waco ISD SHAC meetingSeptember 15th Diabetes 101 training for Americore VolunteersSeptemberSeptember16th Christians Women Job Core Class19th Texas Workforce classSeptember 21st Head start Advisory Committee MeetingSeptember 22nd Planning for the Future financial programSeptember 24th 4H Open HouseSeptember 27th Big Decisions presentation at ConnIly High SchoolUpcoming ProgramsNovember 2 Diabetes TrainingNovember 3 Organwise Presentation to McGregor ISDNovember 5 <strong>County</strong> Food Show and Food ChallengeNovember 8 Diabetes Support GroupNovember 9 Head Start Advisory CommitteeNovember 1416th CookingWell with DiabetesNovember 17th Central Texas Diabetes ExpoSeptembergrammingPrograms 8Contacts250Educational ProPlanning Meetings 10Phone Calls100<strong>Office</strong> Visits5E Mails75M


AgriLIFE EXTENSIONTexas AM SystemMaking aImproving Lives Improving Texas1 j 1 in McLennan <strong>County</strong>Extension Newsletter for <strong>County</strong> Commissioners CourtOverview ofmajor programming efforts of<strong>County</strong> Agent Shane McLellan for September 20117 Grassburr Result Demonstration Aquilla7 Work Hay Show Samples8 Ag Newsletter9 Result Demonstration Seed Pickup Hillsboro12 Beef and Forage Committee meeting West12 Farm Bureau Radio Program12 Waco Tribune Article12 Livestock Judging Orientation13 CEU PCO program with VirKim 147 attending13 <strong>County</strong> Steer Validation13 Waco Tribune Article13 McLennan <strong>County</strong> Junior Livestock Show meeting14 Steer Classification School15 Row Crop Committee meeting McGregor16 Program Development Training Stephenville19 SAFE turfgrass training 20 agents attending20 Centra turfgrass training20 Cattle Clinic 14 attending21 Master Gardener Open House 45 attending22 Leadership Advisory Board Program 16persons attending26 Farm Bureau Radio Program26 Job Responsibility Review26 Waco Tribune Article28 TExAS Lync Training29 <strong>County</strong> Hay Show 22 persons attendingEducational programs of the Texas AgriLife Extension Service are open to all people without regard to race color sex disability religion age or national originThe TexasAM University System US Department ofAgriculture and the <strong>County</strong> Commissioners Courts of Texas Cooperating


Overview ofmajor plannedprogram events for October6 State Fair Steer Show Dallas815 Heart 0 Texas Fair9 HOT Fair Livesto ck Judging Contest12 Master Gardener Water Recycling Program I16 State Fair Livestock Judging Contest17 Emergency Management Trainingvdlp118 Goat Lamb Validation421 Fertilizer Program Riesel k24 ProgramPlan Review25 Goat Lamb Validation28 CenTex Beef Cattle Seminar31 MultiCty CEU Event FranklinEducational ProgramsPrograms Presented 6Program Participants 264Educational ContactsTelephone 948Site<strong>Office</strong> Visits 93Mail Out Newsletter 458EMail Blast 670Mail 47EMail 1980Web Hits 764Media OutreachMedia Releases 70Waco Trib Articles 338 134 subscribersRadio Programs 3Radio Listeners42 stations42 mil estimated audienceVolunteer EffortsVolunteer HoursVolunteer Contacts460 for year31883073 for year28 357OCT 18 2ANDY HARWELL eto10 <strong>County</strong> Twost3RICIT DEPUTYy KE lY F u I


ORDER APPROVING AUTHORIZATION OF TAX RESALE DEEDSMCAD 280350000118036 LOTS 8 BLOCK 10 RIDDLEADDN CITY OF WACO MCLENNAN COUNTY TEXASMCAD 480348000090009 LOT 23 BLOCK 237 REYNOLDSADDN CITY OF WACO MCLENNAN COUNTY TEXASANDMCAD 480348000121006 LOT 21 FKA LOTS B13 A14 BLOCK 238REYNOLDS ADDN CITY OF WACO MCLENNAN COUNTY TEXASOn this the 18 day of October 2011 upon motion made byCommissioner Mashek to authorizethe Tax ReSale Deeds andit was seconded by Commissioner Gibson and duly passed byunanimous vote It is ordered by the Court that said Tax ReSale Deeds City of Waco andMcLennan <strong>County</strong> Texas for1 MCAD 280350000118036 Lots 8 Block 10 RiddleAddn City of Waco McLennan <strong>County</strong> Texas2 MCAD 480348000090009 Lot 23 Block 237 ReynoldsAddn City of Waco McLennan <strong>County</strong> Texas3 MCAD 480348000121006 Lot 21 FKA Lots B13 A14 Block238 Reynolds Addn City of Waco McLennan <strong>County</strong> Texasbe and the same is hereby approved and the <strong>County</strong> Judgeis so authorized to execute same onbehalf of McLennan <strong>County</strong>


LINEBARGER GOGGAN BLAIR SAMPSON LLPATTORNEYS AT LAW400 AUSTIN AVENUE SUITE 105WACO TEXAS 76701Received254 7566609FAX 254 877205 6750OCT 1 2 2011October 12 2011McLennan <strong>County</strong> JudgeHonorable Jim Lewis<strong>County</strong> JudgeMcLennan <strong>County</strong> CourthouseWaco Tx 76701RE Request for Approval to Sell Properties by the Cityof WacoDear Judge LewisThe City of Waco is seeking approval by McLennan <strong>County</strong> to sell the following propertiesMCAD280350000118036Lot 8 Block 10 Riddle Addn 1804 Faulkner LaneCity of Waco et al vs Linda Ellison Miller et alMCAD480348000090009Lot 23 Block 237 Reynolds Addn 916 N 13 StreetCity of Waco et al vs Arlene AndersonMCAD480348000121006Lot 21 FKA Lots B1313 Street City of Waco et al vs Mattias HernandezA14 Block 238 Reynolds Addn 929 Nsold andThe properties located at 916 N 13 Street and 929 N 13 Street were previouslyapproved by CommissionerCourt and said attached deeds are CORRECTION TAX RESALEDEEDS to extend the time period in which the grantees shall complete construction of a houseSaid properties were foreclosed on by the City of Waco for delinquent taxes and has been on thenon taxable roll The City of Waco Waco Independent School District and LaVega IndependentSchool District have already approvedsaid salesWe would appreciate these resales being placed on the agendaTuesday October 18 2011If any additional information is needed please let me knowfor CommissionerCourtThank youAPPROVED BY COM iSSIt COURTTHIS DA bR 20COLN Y JUDGESincerelyBobby Rich Jrx


1 fItTAX RESALE DEEDNOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON YOU MAYREMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENTTHAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD INTHE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER S LICENSENUMBERDATE 2011GRANTOR City of Waco Trustee for itself LaVega Independent School District and the <strong>County</strong> ofMcLennanGRANTEE Willie James PerryGRANTEE S MAILING ADDRESS 1806 Faulkner Lane Waco Texas 76704CONSIDERATIONOne Thousand One Hundred Twenty Three and NO100 Dollars 123 00PROPERTY Lot 8 being a Resubdivision of Lots A2 and A3 Block 10 Riddle Addition City of WacoMcLennan <strong>County</strong> Texas being that property more particularly described in asplat filed MCC 2008036038of the Official Public Records McLennan <strong>County</strong> Texas and being that property acquired by GRANTOR beingTract 4 in Sheriff s Deed recorded in MCC2001021153 of the Official Records McLennan <strong>County</strong> TexasProperty Address 1804 Faulkner Lane City of Waco TexasTAX LAWSUIT Cause No 978384 City of Waco Et Al v Linda Ellison Miller et alGRANTOR for and in consideration of the amount set out above and subject to the reservations from andexceptions to conveyance and other good and valuable consideration paid by the GRANTEE the receipt andsufficiency of which are acknowledged by GRANTOR has GRANTED SOLD AND CONVEYED and bythese presents does GRANT SELL AND CONVEY to the GRANTEE all of the right title and interest ofGRANTOR in the PROPERTY acquired by the tax sale held under the TAX LAWSUIT referenced aboveTO HAVE AND TO HOLD all of its right title and interest in and to the PROPERTY unto the saidGRANTEE the GRANTEE S successors and assigns forever without warranty of any kind so that neither theGRANTOR nor any person claiming under it and them shall at any time hereafter have claim or demand anyright or title to the PROPERTY premises or appurtenances or any part thereofGRANTOR excludes and excepts any warranties express or implied regardingthe PROPERTY <strong>including</strong>without limitation any warranties arising by common law or Section5023 of the Texas Property Code or itssuccessorkind orGRANTOR has not made and does not make any representations warranties or covenants of anycharacter whatsoever whether express or implied with respect to the quality or condition of the PROPERTYthe suitability of the PROPERTY for any and all activities and uses which GRANTEE may conduct thereoncompliance by the PROPERTY with any laws rules ordinances or regulations of any applicable governmentalauthority or habitability merchantability or fitness for a particular purpose and specifically GRANTOR doesAct andnot make any representations regarding hazardous waste as defined by the Texas Solid Waste Disposalthe regulations adopted thereunder or the U S Environmental Protection Agency regulations or the disposalof any hazardous or toxic substances in or on the PROPERTYThe PROPERTY is hereby sold transferred and assigned to GRANTEE as is and with all faults


This conveyance is expressly made subject to property taxes for the tax year 2011 and subsequent yearsThis conveyance is expressly subject to any existing right of redemption remainingthe PROPERTY under the provisionsof lawto the former owner ofThis conveyance is expressly subjectto all easements and restrictions of recordWhen the context requires singular nouns and pronouns include the pluralIN TESTIMONY WHEREOF GRANTOR pursuant to Section 34 05 of the Texas Property Tax Code hascaused these presents to be executed on the date set forth in the acknowledgement attached hereto to beeffective as of DATECITY OF WACOF 14QBYLarry D Groth PECity ManagerATTESTAPPROVED AS TO FORM AND LEGALITYV4AeLD 0e4City SecretaryLeah Hayes City AttorneyTHE STATE OF TEXASCOUNTY OF MCLENNANBEFORE ME the undersigned authority on this day personally appeared Larry D Groth PE CityManager of the City of Waco known to me to be the person whose name is subscribed to the foregoingdocument and acknowledged to me that he executed the same for the purposes and consideration thereinexpressed7G EN D R MY HAND AND SEAL OF OFFICE this the day of1 1 2011Iue4iNdlNitaX MayspubStateOf WSr u CommissionyEapires03 31 2014LMk1 6010Notary Public State of Te


LaVEGA INDEPENDENT SCHOOL DISTRICTBYMi dred Watkins PresidentBoard of TrusteesTHE STATE OF TEXASCOUNTY OF MCLENNANBEFORE ME the undersigned authority on this day personally appeared Mildred Watkins President of theDistrict Board of Trustees known to me to be the person whose name isLaVega Independent Schoolsubscribed to the foregoing document and acknowledged to me that he executed the same for the purposes andconsideration therein expressedGIVEN UNDER MY HAND AND SEAL OF OFFICE this the art day of201130 enriberNotary PublicYStaa of TexasMy Commission ExpiresSt February 20 2012No ry Public St e of TexasCOUNTY OF MCLENNAN TEXASBYJimewis <strong>County</strong> JudgeTHE STATE OF TEXASCOUNTY OF MCLENNANBEFORE ME the undersigned authority on this day personally appeared Jim Lewis <strong>County</strong> Judge of the<strong>County</strong> of McLennan Texas known to me to be the person whose name is subscribed to the foregoingdocument and acknowledged to me that he executed the same for the purposes and consideration thereinexpressedGIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of064 L 2011 Public Stat f TexasAfter Recording Return ToMcCreary Law Firm Y P ic S of TexasNotaryROBIN L MILESComm tate ExpiresPO Box 1669Mys 0261201Waco Texas 767031669 1


DISTRIBUTION OF TAX RESALE PROCEEDSrCAUSE NO 97 538 4STYLEiACCoUNT NO 280350000118036STREET ADDRESSPROPERTY DESCjf vVacoe auL daEU onk Ne EAJ l1804 Faulkner LaneLot 8 fka Lot A3 Block 10 Riddle AddnIDATE OF SALE 817 11PURCHASERWillie James PerryPURCHASE PRICE 123 00COURT COSTS 1Payable to District Clerk 334 00PUBLICATION COSTS1 to McCreary Law Firm 100CONSTABLEFEES Payable to McLennan <strong>County</strong> Sheriff Dept 112 30WACO MUNICIPAL LIENS Payable to City of Waco 00TNET SALE PROCEEDS 576 70DISTRIBUTION TO TU SaleAmount1PercentSale Proceeds<strong>County</strong> 284 31 16 61 95 79City of Waco 453 26 52 152 92Waco ISD 903 20 52 77 304CED 70 30 411 23 69TOTAL TAXES I1711to Tax Offic i 576 70PLEASE MAKE CHECKS PAYABLE AS FOLLOWSMcLENNAN COUNTY DISTRICT CLERK 334 00McLennan <strong>County</strong> Sheriffs Dept 112 30McCreary Law Firm 100McLennan <strong>County</strong> Tax <strong>Office</strong> 576 70PLEASE FORWARD CHECK TO THE McCREARY LAWFRK0PO BOX 1OOS VVACO TEXAS TO7O3 16O8 THANKSFM OCT 1 8 2011IA ANDY MARW24 eNNkWarman <strong>County</strong> Tensmy KELLYFULLElONTDEPUTY


CORRECTION TAX RESALE DEED1ziNOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON YOU MAY REMOVE ORSTRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS ANINTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOURSOCIAL SECURITY NUMBER OR YOUR DRIVER S LICENSE NUMBERDATE 2011GRANTORand <strong>County</strong>City of Waco Trustee for itself Waco Independent School District McLennan <strong>County</strong>of McLennanEducation DistrictGRANTOR S MAILING ADDRESS PO Box 2570 Waco Texas 767022570GRANTEEWaco Community Development Corporation a Texas CorporationGRANTEE S MAILING ADDRESS 1624 Colcord Waco Texas 76707CONSIDERATION Seven Hundred Eighty Six and No100 Dollars 786 00PROPERTYLot 23 in Block 237 of the Reynolds Addition to the City of Waco McLennan <strong>County</strong> Texas being theNorthwest 30feet of Lot 5 and the Southeast 20 feet of Lot 6 Block 237 of the Reynolds Addition recorded in Volume 55said addition recorded in MCCPage 105 of the Deed Records of McLennan <strong>County</strong> Texas according to the final plat of2008010804 of the Official Public Records of McLennan <strong>County</strong> Texas and being the same property acquired bys Deed recorded in MCC 20050014855 of the Official Public Records of McLennan <strong>County</strong>GRANTOR by ConstableTexasProperty Address 916 N 13 StreetTAX LAWSUIT Cause No 2004 19983 City of Waco et al v Arlene AndersonGRANTOR for and in consideration of the amount set out above and subject to the reservations from and exceptionsto conveyance and other good and valuable consideration paid by the GRANTEE the receipt and sufficiency ofwhich are acknowledged by GRANTOR has GRANTED SOLD AND CONVEYED and by these presents doesGRANT SELL AND CONVEY to the GRANTEE all of the right title and interest of GRANTOR in thePROPERTY acquired by the tax sale held under the TAX LAWSUIT referenced aboveTO HAVE AND TO HOLD all of its right title and interest in and to the PROPERTY unto the said GRANTEE theGRANTEE S successors and assigns forever without warranty of any kind so that neither the GRANTOR nor anyperson claiming under it and them shall at any time hereafter have claim or demand any right or title to the PROPERTYpremises or appurtenances or any part thereofGRANTOR excludes and excepts any warranties express or implied regarding the PROPERTYlimitation any warranties arising by common law or Section5023 of the Texas PropertyCode or its successor<strong>including</strong> withoutkind or characterGRANTOR has not made and does not make any representations warranties or covenants of anywhatsoever whether express or implied with respectto the quality or condition of the PROPERTY the suitability ofthe PROPERTY for any and all activities and uses which GRANTEE may conduct thereon compliance by thePROPERTY with any laws rules ordinances or regulations of any applicable governmental authority or habitabilitymerchantability or fitness for a particular purpose and specifically GRANTOR does not make any representationsregarding hazardous waste as defined by the Texas Solid Waste Disposal Act and the regulations adopted thereunder orthe U S Environmental Protection Agency regulations or the disposal of any hazardous or toxic substances in or on thePROPERTY


Notwithstanding the above exclusions and restrictions GRANTEE shall complete construction of a house withintwenty four 24 months of the date of the recording of this document House plans and specifications must be preapproved by the City of Waco Housing and Community Development Services Department The PROPERTY shall beused as an owner occupied residence and may not be used for rental or investment property Should GRANTEE fail tofulfill all of these conditions title of the property shall immediately revert to and vest in the GRANTOR its successors orassigns without necessity for suit or re entry and without recourse to the GRANTEEThe PROPERTY is hereby sold transferred and assigned to GRANTEE as is and with all faultsThis conveyance is expressly made subject to property taxes for the tax year 2011 and subsequent yearsThis conveyance is expressly subject to any existing right of redemption remainingPROPERTY under the provisions of lawto the former owner of theThis conveyance is expressly subjectto all easements and restrictions of recordWhen the context requires singular nouns and pronouns include the pluralTHIS DEED IS BEING EXECUTED TO CORRECT A DEED PREVIOUSLY FILED 1N DOCUMENT NO2010038962 RECORDED ON DECEMBER 17 2010 TO CORRECT AND EXTEND THE TIME PERIOD IN WHICHTHE GRANTEE SHALL COMPLETE CONSTRUCTION OF A HOUSE THE GRANTEE SHALL HAVE TWENTYFOUR MONTHS FROM THE DATE OF THIS DOCUMENT IS RECORDED TO COMPLETE CONSTRUCTION ASSTATED ABOVE IN CORRECTED TAX RESALE DEEDIN TESTIMONY WHEREOF GRANTOR pursuant to Section 34 05 of the Texas Property Tax Code has causedthese presents to be executed on the date set forth in the acknowledgement attached hereto to be effective as of DATECITY OF WACOBYLarry Grot PECity ManagerATTESTO0APPROVED AS TO FORM AND LEGALITYCity Secretary Lea ayeirTHE STATE OF TEXASCity AttorneyCOUNTY OF MCLENNANBEFORE ME the undersigned authority on this day personally appeared Larry Groth PE City Manager of the Cityof Waco known to me to be the person whose name is subscribed to the foregoing document and acknowledged to methat he executed the same for the purposes and consideration therein expressedIVEN UNDER MY HAND AND SEAL OF OFFICE this the21day ofr 2011tp ESMERALDA HUD iNotary PublicpSTATE OF TEXAS I3 2015 Iea 717Notary Public St to of Texas


WACO INDEPENDENT SCHOOL DISTRICTBY t O LQDr Bonny Cain u rintendentTHE STATE OF TEXASCOUNTY OF MCLENNANBEFORE ME the undersigned authority on this day personally appeared Dr Bonny Cain Superintendent of the WacoIndependent School District known to me to be the person whose name is subscribed to the foregoing document andacknowledged to me that he executed the same for the purposes and consideration therein expressedGIVEN UNDER MY HAND AND SEAL OF OFFICE this theXJ 2011J day of649 XI mo tF1Notary Public State of Texas1 LINDA L SCC71T83 c NOtory PublicState of Texass13 13COUNTY OF MCLENNAN TEXASBYewes<strong>County</strong> JudgeTHE STATE OF TEXASCOUNTY OF MCLENNANBEFORE ME the undersigned authority on this day personally appeared Jim Lewis <strong>County</strong> Judge of the <strong>County</strong> ofMcLennan Texas known to me to be the person whose name is subscribed to the foregoing document andacknowledged to me that he executed the same for the purposes and consideration therein expressedGIVEN UNDER MY HAND AND SEAL OF OFFICE this the 1 day ofOr2011otahPublic State of Te asJAROBIN L MILESotr ar na o Notary Public State of TexasMy Commission ExpiresAfter Recording Return To a 0812612014City of WacoAttn Johna Walker Program CoordinatorPO Box 2570Waco Texas 767022570


DISTRIBUTION OF TAX RESALE PROCEEDSCAUSE NO 2004 19983STYLEICityACCOUNT NO 1480348000090009STREET ADDRESSPROPERTY DESCof Waco et al vs Arlene Anderson1916 N 13th StreetLot 23 Block 237 Reynolds Addn Cityof WacoDATE OF SALE 429 09PURCHASERWaco CDCPURCHASE PRICE 786 00COURT COSTS Payable to District Clerk 442 00PUBLICATION COSTS Payable to McCreary Law Firm 211 SHERIFFFEES Payable to Travis Bailey Constable Pct 1 78 60WACO MUNICIPAL LIENS Payable to City of Waco 00NET SALE PROCEEDS 54 40DISTRIBUTION TOTU JAmount Percent Sale Proceeds<strong>County</strong> 1815 62 41 39 22 52City of Waco 821 38 18 73 10 Waco ISD 1749 09 39 88 21 69CED 00 00 0000 0000 00TOTAL TAXES 4386 09 Payable to Tax <strong>Office</strong> 54 40100PLEASE MAKE CHECKS PAYABLE AS FOLLOWSMcLENNAN COUNTY DISTRICT CLERK 442 00McCREARY VESELKA BRAGG ALLEN PC 211 00TRAVIS BAILEY CONSTABLE PCT 1 78 60McLENNAN COUNTY TAX OFFICE 54 40PLEASE FORWARD CHECKS TO THE McCREARY LAW FIRMPO BOX 1669 WACO TEXAS 767031669 THANKSOCT 18 2011JA ANDY HARWELL <strong>County</strong> CIOM afnan <strong>County</strong> Ttons9y KELLY FULLERIGSI DEPUTY


CORRECTION TAX RESALE DEEDo113cONOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON YOU MAYREMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENTTHAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD INTHE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER S LICENSENUMBERDATE 2011GRANTOR City of Waco Trustee for itself Waco Independent School District and <strong>County</strong> of McLennanGRANTOR S MAILING ADDRESS PO Box 2570 Waco Texas 767022570GRANTEEWaco Community Development Corporation a Texas CorporationGRANTEE S MAILING ADDRESS 1624 Colcord Waco Texas 76707CONSIDERATION Eight Hundred Six and No100 Dollars 806 00PROPERTYLot 21 in Block 238 of the Reynolds Addition to the City of Waco McLennan <strong>County</strong> Texasaccording to the final plat of said addition recorded in MCC 2008036037of the Official Public Records ofMcLennan <strong>County</strong> Texas and being the same property acquired by GRANTOR by ConstableDeed recordedin MCC 2006023965 of the Official Public Records of McLennan <strong>County</strong> TexasPropertyAddress 929 N 13 StreetTAX LAWSUIT Cause No 200535465 City of Waco et al v Mattias Hernandezto the reservationsfrom andGRANTOR for and in consideration of the amount set out above and subjectexceptions to conveyance and other good and valuable consideration paid by the GRANTEE the receiptand sufficiency of which are acknowledged by GRANTOR has GRANTED SOLD AND CONVEYED andby these presents does GRANT SELL AND CONVEY to the GRANTEE all of the right title and interestof GRANTOR in the PROPERTY acquired by the tax sale held under the TAX LAWSUIT referencedaboveTO HAVE AND TO HOLD all of its right title and interest in and to the PROPERTY unto the saidGRANTEE the GRANTEE S successors and assigns forever without warranty of any kind so that neitherthe GRANTOR nor any person claiming under it and them shall at any time hereafter have claim or demandany right or title to the PROPERTY premises or appurtenances or any part thereofGRANTOR excludes and excepts any warranties express or implied regarding the PROPERTY <strong>including</strong>without limitation any warranties arising by common law or Section5023 of the Texas Property Code or itssuccessorkind orGRANTOR has not made and does not make any representations warranties or covenants of anycharacter whatsoever whether expressor implied with respect to the quality or condition of the PROPERTYthe suitability of the PROPERTY for any and all activities and uses which GRANTEE may conduct thereoncompliance by the PROPERTY with any laws rules ordinances or regulations of any applicable governmentalauthority or habitability merchantability or fitness for a particular purpose and specifically GRANTOR doesnot make any representations regarding hazardous waste as defined by the Texas Solid Waste Disposal Actand the regulations adopted thereunder or the U S Environmental Protection Agency regulationsor thedisposal of anyhazardous or toxic substances in or on the PROPERTY


Notwithstanding the above exclusions and restrictions GRANTEE shall complete construction of a housewithin twenty four 24 months of the date of the recording of this document House plans and specificationsmust be preapproved by the City of Waco Housing and Community Development Services Department ThePROPERTY shall be used as an owneroccupied residence and maynot be used for rental or investmentproperty Should GRANTEE fail to fulfill all of these conditions title of the property shall immediately revertto and vest in the GRANTOR its successors orassigns without necessity for suit or re entry and withoutrecourse to the GRANTEEThe PROPERTY is hereby sold transferred and assigned to GRANTEE as is and with all faultsThis conveyance is expressly made subject to property taxes for the tax year 2011 and subsequent yearsThis conveyance is expressly subject to any existing right of redemption remainingthe PROPERTY under the provisions of lawto the former owner ofThis conveyance is expressly subjectto all easements and restrictions of recordWhen the context requires singular nouns and pronouns include the pluralTHIS DEED IS BEING EXECUTED TO CORRECT A DEED PREVIOUSLY FILED IN DOCUMENT NO2010038955 RECORDED ON DECEMBER 17 2010 TO CORRECT AND EXTEND THE TIME PERIODIN WHICH THE GRANTEE SHALL COMPLETE CONSTRUCTION OF A HOUSE THE GRANTEESHALL HAVE TWENTYFOUR MONTHS FROM THE DATE OF THE RECORDATION OF THISDOCUMENT TO COMPLETE CONSTRUCTION AS STATED ABOVE IN CORRECTED TAX RESALEDEEDIN TESTIMONY WHEREOF GRANTOR pursuant to Section 34 Property Tax Codehas caused these presents to be executed on the date set forth in the acknowledgement attached hereto to beeffective as of DATECITY OF WACOO F 0BYLarry Groth PECity Manager0A ST I APPROVED S TO FORM AND LEGALITY1 ice 11City SecretaryTHE STATE OF TEXASCOUNTY OF MCLENNANt Le ayesCity AttomeBEFORE ME the undersigned authority on this day personally appeared Larry Groth PE City Managerof the City of Waco known to me to be the person whose name is subscribed to the foregoing document andacknowledged to me that he executed the same for the purposes and consideration therein expressedGIVEN UNDE kt H ND AND SEAL OF OFFICE this theClC HUDSOI lifNotary Public Ce41f14Nry Public State of TexasSTATE OF TEXASComm Exp August 3 2015 1ffdayof


WACO INDEPENDENT SCHOOL DISTRICTBY oCOl1Dr Bonny Ca SuperintendentTHE STATE OF TEXASCOUNTY OF MCLENNANBEFORE ME the undersigned authority on this day personally appeared Dr Bonny Cain Superintendent ofthe Waco Independent School District known to me to be the person whose name is subscribed to the foregoingdocument and acknowledged to me that he executed the same for the purposesexpressedand consideration thereinGIV UNDER MY HAND AND SEAL OF OFFICE this theec day of2011ciaNotary PublicState of TexasLINDA L SCOTT3 aNzNotary Public5vxt 9ss Stcte of TexassCommixp 041313COUNTY OF MCLENNAN TEXASBYJiewisFounty JudgeTHE STATE OF TEXASCOUNTY OF MCLENNANof theBEFORE ME the undersigned authority on this day personally appeared Jim Lewis <strong>County</strong> Judge<strong>County</strong> of McLennan Texas known to me to be the person whose name is subscribed to the foregoingdocument and acknowledged to me that he executed the same for the purposes and consideration thereinexpressedGIVEN NDER MY HAND AND SEAL OF OFFICE this thef day of2011Iotaublic State of Te asAfter Recording Return ToROBINCity of WacoucAttn Johna Walker Program CoordinatorYPL MILESNotary Public State of TexasMy Commission ExpiresPO Box 2570 08 26 2014Waco Texas 76702 2570


DISTRIBUTION OF TAX RESALE PROCEEDSCAUSE NO12005 3546STYLEiCity of Waco et al vs Mattias HernandezACCOUNT NO 480348000121006STREET ADDRESS 929 N 13th StreetPROPERTY DESC Lot 21 FKA Lots B13 A14 Blk 238 Reynolds AddnDATE OF SALE 319 09PURCHASERWaco CDCPURCHASE PRICE 806 00COURT COSTS Payable to District Clerk 477 PUBLICATION COSTS Payable to McCreary Law Firm 200SHERIFFFEES Payable to Travis Bailey Constable Pct 1 80 60WACO MUNICIPAL LIENS Payable to City of Waco 00NET SALE PROCEEDS 48 40DISTRIBUTION TOTU JAmount Percent Sale Proceeds<strong>County</strong> 430 44 20 84 10 09City of Waco 512 44 24 81 12 Waco ISD 122 39 54 35 26 3000 0000 00TOTAL TAXES 2065 27 Payable to Tax <strong>Office</strong> 48 40100PLEASE MAKE CHECKS PAYABLE AS FOLLOWSMcLENNAN COUNTY DISTRICT CLERK 477 00McCREARY VESELKA BRAGG ALLEN PC 200TRAVIS BAILEY CONSTABLE PCT 1 80 60McLENNAN COUNTY TAX OFFICE 48 40PLEASE FORWARD CHECKS TO THE McCREARY LAW FIRMPO BOX 1G89 VVACO TEXAS 707O3 1O8S THANKSHIM OCTMuwIA ANDY HARWELL <strong>County</strong>cloYr Lannon <strong>County</strong> busBy KELLYFuLLBR CHT


ORDER APPROVINGAUTHORIZATION OF MCLENNAN COUNTY AUCTION RENE BATESRELATED AD NOTICE ORDER DECLARING CERTAIN PROPERTYAS SURPLUS AND AUTHORIZING DISPOSITION OF SAMEOn this the 18 day of October 2011came on for consideration the matter of Authorization ofMcLennan <strong>County</strong> Auction Rene Bates related AdNotice Order Declaring Certain Property asSurplus and Authorizing Disposition of Same Commissioner Mashek made a motion to approveand it was seconded by Commissioner Gibson and duly passed byunanimous vote It is orderedby the Court that said Authorization be and the same is hereby approved


Y1 LE 9111 v EnIj 0i p w r1 l5l 84i V lei INJfOCT 1 1 2011Lennon <strong>County</strong> JudgeKen BassDirector of Purchasing <strong>Office</strong> 254 7575016214 North 5 Street Fax 254 7575068Waco Texas 76701ken bass@co mclennan tx usOctober 18 2011Re <strong>County</strong> AuctionCommissioners CourtThe Purchasing Department has approximately 50 lots ready to be givenAuctionItems are listed as followsMOE Law Books Radars Misc Electronic ItemsHOT Coliseum Approx 100 Halide Light FixturesIT Storeroom Misc Computers Printer MonitorsPurchasing Jewelry Jail Unclaimed Items Cell Phones<strong>County</strong> Garage 79 International Loadstar Bus<strong>County</strong> Garage R B 1to Rene Bates for our onlineHoneywell Burner Chain Link Fence Spools of old Christmas LightingWood Posts 5 Wheel Hitches 2 PipesMicrowaves Outside Air Handler Computer PaperSurplus Rm Oven Stove Set File Cabinets Exercise Equip Copy Machines DesksMisc Chairs Shelving89 Ford F150 91 Ford F250 79 Ford F600 84 Boom Mower 88 36 Aluminum TrailerHwy 6 JailShrineBldgRB 1Concrete CulvertsThe auction is tentatively scheduled to begin on October 20 2011 and close November 7 2011Thank Youf1K n Basst irector of PurchasingMcLennan <strong>County</strong>v o BY COWISSI ERS COIF11 IIi O 20jjeJUDGE


McLennan <strong>County</strong> AuctionBeginning on October 20 2011 and ending on November 7 2011 McLennan <strong>County</strong>intends to sell a 79 Passenger Bus 3 Phase Air Handler Halide Light Fixtures 84 BoomMower 88 Aluminum Trailer 89 Ford F150 Truck 91 Ford F250 Truck 79 FordF600 Truck Concrete Culverts Honeywell Burner Chain Link Fence 5 Wheel HitchesPipe GE Oven Stove Law Books Radars Computers Jewelry Microwaves FileCabinets and Exercise EquipmentThe sale will be conducted by electronic auction through RENE BATES AUCTIONEERSINC 4660 <strong>County</strong> Road 1006 McKinney Texas 75071 Phone 972 5489636 Fax972 5425495e auction renebates com webpage www renebates comThe rules and guidelines of the auctioneer must be followed The above items are beingsold AS IS WHERE IS AND WITH ALL FAULTS No warranties are expressed orimplied All tools materials labor and cost thereof required to remove these items from<strong>County</strong> property shall be the responsibility of the successful bidderBidders may bid on one more or all ofthis equipment Each piecehighest bidder who qualifiesThe above items can be inspected by prospective bidderwill be sold to theunder this invitation and the rules of the auctioneerContact Kathy McDaniel at 254 7575016 to view the listed itemss BY APPOINTMENT ONLYMcLennan <strong>County</strong> and the Auctioneer reserve the right to accept and or reject any and allbids Bids received after closingtime will not be consideredPayment will be made by the successful bidder within ten 10 days by guaranteed fundsafter notification of award in accordance with the instructions of the auctioneerThe equipment must be removed by the successful bidder within ten 10 working days ofthe receipt of full paymentMcLennan <strong>County</strong> nor the auctioneer is responsible for electronic bids proposalscontaining viruses that can not be eradicated or that are corruptedas a resultRun in the Waco Citizen Thursdays October 20 2011 October 27 2011 and November3 2011October 18 2011Send Statement toMcLennan <strong>County</strong>214 North 4th St Suite 100Waco Texas 76701 1366


ORDER of the MCLENNAN COUNTY COMMISSIONERS COURTDECLARING CERTAIN PROPERTY as SURPLUS as per Local Government CodeCh 263 151 2 and AUTHORIZING DISPOSITION of SAME as perLOCAL GOVERNMENT CODE Ch 263 152On this the eighteenth day of October 2011 came on for consideration a request from thePurchasing Department to be allowed to place certain items of surplus furniture tools andequipment list of items can be viewed in the accompanying documents in an onlineAuctionIn considering this request the Court has been provided confirmation by the PurchasingDirector that the equipmenta is not salvage property or items routinely discarded as wasteb is not currently needed by its ownerc is not required for the owner s foreseeable needs andd posses some usefulness for the purpose for which it was intendedNOW THEREFORE BE IT ORDERED THAT upon motion duly made secondedand passed by affirmative vote after considering the request of the PurchasingDepartment and the facts available to the Court relative to the equipment shown abovethat the items described above meet thea the Commissioners Courtfindscriteriafor Surplus Property set out in the Local Government Code Sec263 151as amended and arehereby declared as Surplus equipmentandb The Commissioners Court hereby authorizes the placement of said surplusequipment in an online auction to be held by Rene Bates Auction as perprovisions of the Local Government Code Sec263 152 a1 as amendedandc The Commissioners Court further authorizes disposition of said surplusequipment by any means authorized by Local Government Code Sec263 152 in the event no bids are received or bidminimum bid amount set by the Purchasing Departments received are less than aJIEWIS McLennan <strong>County</strong> JudgeDateb0 17 11


CONTACTSLots 1 15 Maintenance of Equipment623 Washington Ave Waco TX 76701Wayne Canaday 2547575190 wayne canaday@co mclennan tx usLot 16 Heart 0 Texas Fair Complex4601 Bosque Blvd Waco TX 76710JD Ewing254 776 1660 jdewing@hotfair comLot 17 18 Purchasing Department214 N 5 St Waco TX 76701Kathy McDaniel 2547575016 kathy mcdaniel @co mclennan tx usLot 19 <strong>County</strong> Garage305 S 20 St Waco TX 76701Charlie Garrett or Missy Lindeman 254 7575167county shop@co mclennan tx usLot 20 25 <strong>County</strong> Garage R B 1305 S 20 St Waco TX 76701HenryLot 26Ward 2548573138 or 254379878428 Hwy 6 Jail3201 Hwy 6 Waco TX 76705Pam Whitlock 2547509000pam whitlock@co mclennan tx usLot 2948 Shrine BldgSurplus Rm305 S 20 St TX 76701Kathy McDaniel 2547575016 kathy mcdaniel @co mclennan tx usLot 49 55 Road Bridge Precinct 11239 Enterprise Lorena TX 76655HenryWard 2548573138 or 2543798784All Paid Receipts go to kathy mcdaniel@co mclennan tx us andstaci stone@co mclennan tx usTitles will be with Terri Clemons at 214 N 4 St Rm 100 Waco TX76701 2547575156terri clemons@comclennan tx us


MAINTENANCE OF EQUIPMENTLAW BOOKSLOTDESCRIPTIONLot 1Pallet of Law BookTexas Digest 2dTexas Bar JournalTexas DUITexas Law ReviewTexas JurLot 2Pallet of Law BooksTexas Real Estate Form ManualTexas Bar JournalTexas Criminal Lawyer HandbookTexas Sexual Harrassment WhiplashEmployment LawDefense DUIForensic ScienceSMU Law ReviewTexas JurRestatement Law 3dNational Reporter Blue BookPowell on Real PropertyRestatement Law 2dRestatement Law 1dMartindaleHubbellLot 3Pallet of Law Books2001 Texas Legal DirectorySt Mary s Law JournalSouth Texas Law ReviewHouston Law ReviewTexas Law ReviewTexas Tech LawGen Special LawsAmerican JurisprudenceJuris SecundumLot 4Pallet of Law BooksJuris SecundumAmerican Jurisprudence


Benders Forms DiscoveryLot 5Pallet of Law BooksBenders Forms and DiscoveryWilliston on ContractsWordsPhrasesBusiness and Financial LawsCollier onBankruptcyInsurance Law and PracticeCouch on InsuranceLot 6Pallet of Law BooksInsurance Law PracticeFICC QuarterlyCouch InsuranceSims Damage and RecoveryBankruptcy ReporterFederal AppendixLot 7Pallet of Law BooksShepherd s Bankrupty CitationBankruptcy ReportsFederal Rules DecisionFederal Practice DigestLot 8Pallet of Law BooksFederal Practice DigestARL FederalMoore s Federal PracticeBender s Federal Practice FormsLot 9Pallets of Law BooksSouthern Reporter 1d 1 200 2d 1 859Lot 10Pallets of Law BooksAmerican Law ReportsLawers Reports AnnotatedShepherd s CitationsLot 11Pallets of Law BooksFederal Supplement 1d 1 999 2d 1 289


MAINTENANCE OF EQUIPMENTLOT DESCRIPTION CO TAG SERIALLot 13 Motorola HT1000 UHF Radio 15844 402AUY6303Motorola HT1000 UHF Radio 20947 355CDY0142PolyComPolyComPolyComSydapticView Station Model PVS 1419Q 19898 003655View Station Model PVS 1419Q 19852 005349View Station Model PVS14XX 21028 03B038Monitor A170E1 01 108559Kenwood TK860 Mobile Radio 17106 80500215Kenwood TK860 Mobile Radio 18602 80900966Bendix King LMH3142B18035Motorola CP200 AAHSO ROC 9AA1AN 21310 018TEW2174Motorola Maxtrac D43MJA77A3CK 428ASC2556Motorola HT600 H44SVU7160CN 649ASY1218Triview Monitor 10614110072Tatung Monitor 0507300991 Box of Camera LensesTable MountJotto Desk LaptopChannel Master TV AmpAPC BK500 UPSModel 7335Trippe Lite Internet 350SER UPSTrippe Lite Internet 5500U UPSTrippe Lite UPS 550VAAPC UPS BE55ORMotorola DC Power Supply x2Sylvania MonitorBendix King Radio4B0746P23020W23226167B170301MTI Amp P 91043 25192 431933Sony VHS SLVN552 Radio MicrophonesVarious Portable Radio AntennaeAPC BK500 UPS2L0349418Whelen MPC01 Light Bar Control HeadU04059Motorola HT1000 Portable Radio 15843 402AUY6290Coby 15 TFT LCD TV 0911201151003863Acer V193 LCD MonitorCO34902046ef4002Misc Cables Electrical Parts Connectors


Lot 1414 RadarsApplied ConceptsStalker Radar Dual DSR 22743 DP004138Applied ConceptsStalker Radar Dual DSR 23066Applied ConceptsStalker Radar Dual DSR 23064 DP005051Applied ConceptsStalker Radar Dual DSR 22744 DP004131Applied ConceptsStalker Radar Dual DSR 22745 DP004055Applied ConceptsStalker Radar Dual DSR 21112 DP001828Applied ConceptsStalker Radar Dual DSR 21110 DP001821Applied ConceptsStalker Radar Dual DSR 20709 DP005542Applied ConceptsStalker Radar Dual DSR 23063 DP005043Applied ConceptsStalker Radar Dual DSR 20213 DP002754Applied ConceptsStalker Radar Dual DSR 20483 DP003861Applied ConceptsStalker Radar Dual DSR 20712 DP005533Applied ConceptsStalker Radar Dual DSR 20713 DP005560Applied ConceptsStalker Radar Dual DSR NA DP002067Lot 15 HP Laser Printer Model 8000 18831 JP84A0334618832 USBB020439


HOT COLISEUMLot 16 Approximately 100 Light FixturesMetal Halide


IT STOREROOMLOT DESCRIPTION CO TAG SERIALLot 17 Dell PC 21472 1W36771right HP Computer 21321 MXD4490029bottom HP Computer 22679 MXL55108B9Compaq PC 20618 W244KN9ZC317HP Computer 20980 USV35103Compaq Armada SB Laptop 19155 NALaserjet 2100 Printer 20086 USGZ149198Laserjet 6p Printer 19517 USDH094020Dell PC 21534 8L41171Compaq PC 20759 W303KN8ZB784HP Computer 24211 2UA9170CBHLaserjet 5 Printer 18176 USKB088144Compaq PC 20640 W243KN9ZC667Compaq PC 20644 W243KN9ZC666Compaq PC 20643 W243KN9ZC668HP Laserjet 5nt Printer 18178 USDK088187HP Laserjet 4200n Printer 20964 USDN24620Dell PC 21756 3QJ3T71Dell MonitorDell MonitorHP Laserjet 2200DHP <strong>Office</strong>jet 6000Dell PCViewsonic Monitor VE170bHP Deskjet 1220C PrinterViewsonic VG 150B MonitorMX0419TG4780122RC2YEMX0419TG47801 14NH0J4USBGJ20140MY98D2J003CN0Y09197082137P8JB6A0A022800908SG19F130TR1Q21250214Compaq TFT5015226BN 17AG698top right 3Com Super Stack 11 Hub 7XWV0131443Com Super Stack II HubKZAS2BB8D7FLinksys Hub 90400696HP Deskjet 960cMY26B1 B3F7HP Laserjet 1022HP Deskjet 895 CxiHP Photo Smart C4180HP <strong>Office</strong>jet 6000HP Deskjet 895 CxiVisioneer One Touch Scanner 8650Video CardsHP Laserjet 2200DCompaq Armada SB LaptopVNB3S07502MY971190KDMY6ACG32W6MY97V2J24VMY971190S6016A001108D1JPGGB585470512CE12 S39


left side HP Compaq DC5000MT 21221 2UB4405PR08101M Computer 18069 Q771515378HP Computer 20744 W205KN8ZA528HP Computer 22916 MXL6350SCWComputer 20610 HGB4B11Dell Precision 410 19769 76A8EHP Compaq DC5100 23054 MXL6300NVSHP Compaq 20628 6X2A KN8ZU2BYComputer 20578 KARTD8HP Computer 22828 2UA6290BHFDell PP01 L Laptop 20359 NADell PP01 XL Laptop 20830 NADell PPI Model Laptop 19952 NACompaq Laptop 21005 NAUnisys Terminal LT3003M 19583 507020337Dell PC 21536 NAHP Compaq DC5000Mt 21199 2UB44200YQDell Monitor5322DE8UWY99Viewsonic MonitorAY02109013Dell PC G8101 SW4011Viewsonic MonitorAY02109017NetVista IBM Monitor1S627416UAM873H1KDS Monitor1745AAB24118247NetVista IBM PC1 S635013U23G9820HP Laserjet P2015dCNBJJ00596Unisys Monitor 507020907Dell MonitorMX0419TG4780122RC2V5HP Laserjet 4000TN Printer 18823 USEB025909Dell MonitorDell MonitorDell MonitorDell Dimension 3000 TowerDell Dimension 3000 TowerDell Dimension 3000 TowerCN0D542872872 5764GELCN0Y42997161847NBC4MCN0Y42997161847NBCZWFXNCG812HN6M51GGN6M51Fujitsu fi4110 CU Image Scanner 506822Fujitsu fi4110 CU Image Scanner 506825Fujitsu fi4120 C Image Scanner 635773Fujitsu fi4110 CU Image Scanner 506794Dell SpeakerCN0D34314822046N05AQDell SpeakerCN0F63714822057D01 H2Compaq CPU 20729 6X31 KN826185Viewsonic Monitor VE150GU13700233All hard drives are removedmajority of equipment is not functional


PURCHASINGLOTDESCRIPTIONLot 189 Bracelets28 Cell Phones23 Earring Studs3 Cell Phone Cases25 Wallets20 Necklaces5 Cell Phone Batteries1 Coin Holder1 Hair Band4 Glasses9 Earring Loops1 Key Chain10 Rings13 Watches3 Glasses Holders1 Tongue Ring5 Belly Rings11 Cell Phone Chargers1 Gun Holster


COUNTY GARAGELOT DESCRIPTION MIN BIDLot 19 1979 International Loadstar Bus 500COUNTY GARAGER B PCT 1Burner Diesel Model EA100Lot 20 HoneywellType V4055A 1098 3keeps water hot when mixing asphaltSerial 497688Lot 21 Chain Link Fence 6 Various PostsLot 22 Spools of Christmas Lightingno bulbsLot 23 Wood Posts approx 8 x 5Lot 243 5th Wheel HitchesLot 25 2 Pipes 14 ThickApprox 24 x 30 126 Approx 15 x 30 200


HIGHWAY 6 JAILLOT DESCRIPTION MIN BIDLot 26 Commercial Microwaves Approx 26Lot 27 Outside Air Handler 300Model FWB1820SN DK831 OAHU1480 Volts 3PhaseLot 28 Computer Feeder Paper 24 Cases2Part3000 Sheets per Case


SHRINE BLDGSURPLUS RMLOT DESCRIPTION SN CO TAGLot 29 General Electric OvenStove Set NASHR1Lot 30 3 File Cabinets 16734SHR2 16731Lot 31 4 File Cabinets 03671SHR3 013061894317099Lot 32 Exercise EquipmentSHR 4 Boxing Bag Wave Master Gloves6 Circuit Training System8 Multi Training Door Gym3 Perfect Pullups1 X Factor4 Badmitton RacketsSet of 6 Shuttlecocks12 Perfect Pushups2 Exercise BallsLot 33 Canon ImageRunnerSHR53235i 23864Lot 34SHR62Wooden DesksLot 352Wooden DesksSHR7 1 Metal Desk 076272Lot 36 Metal DesksSHR 8 2 Wooden Desks1 TableLot 37 Xerox 5018 CopySHR9Machine 000252086 NA


Lot 38 HP Laserjet 5100tn Printer 22455SHR10 Microwave GEMetal CabinetMetal Typewriter TableLot 39SHR11Wooden ShelvesLot 40 Wooden ShelvesSHR12 Metal Shelves 0926722Drawer File CabinetsLot 41 Fujitsu Duplexer 22459SHR13 3 Ithaca POSjet 1500Lot 42 IBM Selectric 11 07029SHR14 IBM Selectric 11 01089IBM Selectric IIINACanon AP105 Typewriter15415AEG OlympiaPersonal Writer301 KE52783Lot 43 Canon Fax CFXB381 IF 19887SHR15 HP Laserjet 3390 CNLJP90247Panasonic Fax KXFHD351 24176Lot 44 Lanier Tape Recorder 14913SHR162 ModemsVersyss Monitor NA NA2 CalculatorsVtech TalkingWhiz Kid PlusCADO Printer 0681550084VSC Panasonic MIC Tape RecorderHP Deskjet 540 US5161 BOBS 16616Lot 45SHR172 Large Dry Erase Boards3 Keyboard TraysMiscellaneous Plastic Letter Trays2 Wire Letter TraysMetal FileLot 46 Miscellaneous Chairs 12290SHR18 Approx 25 14425


1379607705138381356013872Lot 47SHR192Wooden Dressers6 Metal ShelvesLot 48SHR202 Boxes Shaving Razors1 Box Hospital Gowns3 Plastic Food Trays


ROAD BRIDGE PRECINCT 1LOT DESCRIPTION UNIT MIN BIDLot 49 Ford F150 Truck 1989 1TA2 1500Lot 50 Ford F250 Truck 1991 1 TA5Lot 51 Ford F600 Truck 3702V 1979 1 TBCLot 52 Tiger Boom Mower 1984 500Lot 53 Aluminum Trailer 36 1988 1T15TLot 54 10 Concrete Culverts 36 x 4Lot 55 11 Concrete Culverts 48 x 6aga OCT 18 2011IA ANDY HARWELL CannyemiWarman nnan<strong>County</strong> lamsBy KELLY FLILIO taf r DEPUTY


ORDER APPROVINGAUTHORIZATION RE TEXAS ASSOCIATION OF COUNTIES RISK MANAGEMENTPOOL VARIOUS INSURANCE COVERAGES INCLUDING BUT NOT LIMITED TOCRIME AUTOMOBILE LIABILITY GENERAL LIABILITY PUBLICOFFICIALS LIABILITY AND LAW ENFORCEMENT LIABILITY COVERAGECOVERAGE DOCUMENTS DRIVER EXCLUSIONS INVOICESOn this the 18 day of October 2011came on for consideration the matter of Authorization reTexas Association of Counties Risk Management PoolVarious Insurance Coverages <strong>including</strong>but not limited to Crime Automobile Liability General Liability Public Officials Liability andLaw Enforcement Liability Coverage Coverage Documents Driver Exclusions InvoicesCommissioner Mashek made a motion to approve and it was seconded by Commissioner Gibsonand duly passed by unanimous vote It is ordered by the Court that said Authorization be and thesame is hereby approved


ACwASB ClEiiii atiGxReceivedOctober 05 2011PoUNZ OCT 0 6 2011idolsn <strong>County</strong> JratlgeMcLennan<strong>County</strong>Honorable Jim Lewis501Washington Ave Ste 214Waco TX 76701 1373Dear Judge LewisThank you for continuing your <strong>County</strong> s participation in the TexasAssociation ofCounties RiskManagement PoolAt its August 2010 meeting the board ofthe Texas Association of Counties Risk ManagementPool voted to return22 million dollars of net earned in 2010 to active participants in thePool through the form of renewal credits The plan is structured to benefit loyal members that havebeen proactive in controlling claims Twelve million dollars of that money has been allocated forliability coverages and the remaining 10 million is allocated for Workers Compensation coverageThe renewal credits given back to individual participants are based on longevity contributions andloss experience To be eligible for the longevity credit members must have been in the pool for afull year To be eligible for the loss experience creditin addition to being in the Pool for a full yearmembers musthave a favorable loss when considering claims contributions for the pastthree yearsThese credits willreduce the amount that McLennan <strong>County</strong> must remit for each line ofliabilitycoverage that you renew during the program s eligibility period of12011 through 123201 YouWere advised in a separate letter ifyour county was eligiblefor a renewal credit Please refer to theoutline shown below and the individual invoices for more detailEnclosed please find the following1Invoices for your current year s coninbution for Crime Automobile Liability General LiabilityPublic Officials Liability and Law Enforcement Liability coverage Please make yourremittance payable to TAC Risk Management PoolsLessRenewal Amount toAnnual Credit beCoverage Contribution Earned RemittedAutomobile Liabihty 83 668 34 928 48 740General Liability 94 897 11 833 83 064Public Officials Liability 193 551 101 405 92 146Law Enforcement Liability 206 203 107 200 99003Crime 8430 NA 8430512 4784753 800 456 8974 512 478 1426 FAXwsoounty oig 1410 San Antonio Austin TX 78701 P0 Box 21 Austin TX 78768 2131Gene Tlerry FxecutweDifectoT


Honorable Jim LewisOctober 05 20Page 2Total Payable to Risk Management Pool 331 3832 AutomobileID cards and a copy of Ch 601 ofthe Motor Vehicle Safety Responsibility Actstating that political subdivisions in the State of Texas are exempt from the proofof insurancelawsCoverage documents for the current year for Crime Automobile Liability General Liability PublicOfficials Liability and Law Enforcement Liability are being forwarded to you under separate coverPlease review the documents to be sure they have been issued as orderedTexas Association of Counties is pleased that McLennan <strong>County</strong> will continue as a member of ourRisk Management Pool Please know that we look forward to our continued association with your<strong>County</strong> and wish to be of service in any way possible Should you have any questions please callyour Service Representative Matthew Raves or myself at 800 456 5974Sincerely141 ti cvqICarea Baker ARM CISRTexas Association ofCounties Risk Management Pool Program ManagerLiability and Property


e Nh8800 TEXAS ASSOCIATION Of COUNTIESfCoNtvdRISK MANAGEMENT POOLPAYMENT REMITTANCE FORMMember Number 1550McLennan <strong>County</strong>co Honorable Jim Lewis Invoice Due Date October 30 2011501 Washington Ave Ste 214 Invoice Number 122176Waco TX 76701 1373PLEASE CEC yrMAKEHKSPABLETO ASSQCIATIQNOFCOIJNTIES ItISK MANAGEI NTMPOOL PLEASE RETPRN ONLYTHIS REMITTANCE FORM RISK MANAGEMENT POOLPAYMENTS ONLY TOTexas Association of Counties Risk Management PoolPO Box 200437Houston TX 772169903Coverage Amount Due Now Amount EnclosedProperty 0Auto Physical Damage 0Crime 8430Auto Liability 48 740General Liability 83 064Public Officials Liability 92 146Law Enforcement Liability 99 003Worker s Compensation 0Total 331 383If the total amount enclosed is not 331 383 please use the notes section below to explainSeptember 29 2011


Texas Transportation CodeChapter 601Sec 601 007 APPLICABILITY OF CHAPTER TO GOVERNMENT VEHICLESa This chapter does not apply to a government vehicleb The provisions of this chapter other than Section 601 004 do not apply to an officer agent oremployee of the United States this state or a political subdivision of this state while operatingagovernment vehicle in the course of that personemploymentc The provisions of this chaptervehicle that is subject to Chapter 643other than Sections 601 004 and 601054 do not applyto a motord In this section government vehicle means a motor vehicle owned by the United States thisstate or a political subdivision of this stateLegislative HistoryLeg H Stats 1995 74th Leg Sess Ch 165 effective September 1 1995 Stats 1997 75th Leg SessCh 165 effective September 1 1997


118 4coUIs TEXAS ASSOCIATION Of COUNTIESRISK MANAGEMENT POOLINVOICE122176McLennan <strong>County</strong> 1550Annual contribution for continued General Liability coverage is now due As stipulatedAssociation of Counties Interlocal Agreement your coverage is continuous after paymentcontribution Your contribution for the period shown isin the Texasof an annualGENERAL LIABILITY COVERAGECoverage Period September 30 2011 to September 30 201210 000 DeductibleANNUAL CONTRIBUTION DUE 94 897LESS RENEWAL CREDIT EARNED 11 833TOTAL AMOUNT DUE 83 064Payment due date without late penalty October 30 2011Checks should be made payable toTexas Association of Counties Risk Management PoolPO Box 200437Houston TX 772169903PLEASE PAY ACCORDING TO INVOICE CHANGES TO COVERAGE MUST BE MADE BYENDORSEMENT ANY REFUND OR ADDITIONAL CONTRIBUTION WILL BE INVOICED ATTHAT TIMESeptember 29 2011


y18o TEXAS ASSOCIATION Of COUNTIESRISK MANAGEMENT POOL1COO tootINVOICE122176McLennan <strong>County</strong> 1550Annual contribution for continued Public Officials Liability coverage is now due As stipulatedAssociation of Counties Interlocal Agreement your coverage is continuous after paymentcontribution Your contribution for the period shown isin the Texasof an annualPUBLIC OFFICIALS LIABILITY COVERAGECLAIMS MADE FORMCoverage Period September 30 2011 to September 30 201210 000 DeductibleOptional CoveragesBasic Limit2000Each LossAggregate Limit 2000Retro Date November 06 1989Endorsement Limits Retro DatePunitive Damages 1000Limit within Policy Limit November 06 1989<strong>County</strong> Clerk 1000Limit in addition to Policy Limit November 06 1989District Clerk 1000Limit in addition to Policy Limit November 06 1989Back Wages 25 000 Limit within Policy Limit January 01 2000District Attomey 2000Limit within Policy Limit September 30 2000District Judge 2000Limit within Policy Limit November 10 2005ANNUAL CONTRIBUTION DUE 193 551LESS RENEWAL CREDIT EARNED 101 405TOTAL AMOUNT DUE 92 146Payment due date without late penalty October 30 2011Checks should be made payable toTexas Association of Counties Risk Management PoolPO Box 200437Houston TX 772169903PLEASE PAY ACCORDING TO INVOICE CHANGES TO COVERAGE MUST BE MADE BYENDORSEMENT ANY REFUND OR ADDITIONAL CONTRIBUTION WILL BE INVOICED ATTHAT TIMESeptember 29 2011


eAB300cooIo TEXAS ASSOCIATION Of COUNTIESa RISK MANAGEMENT POOLINVOICE122176McLennan <strong>County</strong> 1550Annual contribution for continued Law Enforcement Liability coverage is now due As stipulatedTexas Association of Counties Interlocal Agreement your coverage is continuous after paymentannual contribution Your contribution for the period shown isin theof anLAW ENFORCEMENT LIABILITY COVERAGECLAIMS MADE FORMCoverage Period September 30 2011 to September 30 201250 000 DeductibleBasic Limit2000Each LossAggregate Limit 2000Retro Date January 02 1990Optional CoveragesEndorsement Limits Retro DatePunitive Damages 1000Limit within Policy Limit January 02 1990District Judge 2000Limit within Policy Limit September 30 2005ANNUAL CONTRIBUTION DUE 206 203LESS RENEWAL CREDIT EARNED 107 200TOTAL AMOUNT DUE 99 003Payment due date without late penalty October 30 2011Checks should be made payable toTexas Association of Counties Risk Management PoolPO Box 200437Houston TX 772169903PLEASE PAY ACCORDING TO INVOICE CHANGES TO COVERAGE MUST BE MADE BYENDORSEMENT ANY REFUND OR ADDITIONAL CONTRIBUTION WILL BE INVOICED ATTHAT TIMESeptember 29 2011


Nrco0fro TEXAS ASSOCIATION Of COUNTIESRISK MANAGEMENT POOLINVOICE122176McLennan <strong>County</strong> 1550Annual contribution for continued Crime coverage is now due As stipulated in the Texas Association ofCounties Interlocal Agreement your coverage is continuous after paymentcontribution for the period shown isCRIMEof an annual contribution YourCOVERAGECoverage Period September 30 2011 to September 30 20121000 DeductibleANNUAL CONTRIBUTION DUE 8430Checks should be made payable toPayment due date without late penalty October 30 2011Texas Association of Counties Risk Management PoolPO Box 200437Houston TX 772169903PLEASE PAY ACCORDING TO INVOICE CHANGES TO COVERAGE MUST BE MADE BYENDORSEMENT ANY REFUND OR ADDITIONAL CONTRIBUTION WILL BE INVOICED ATTHAT TIMESeptember 29 2011


TEXAS ASSOCIATION Of COUNTIESWs RISK MANAGEMENT POOLINVOICE122176McLennan <strong>County</strong> 1550Annual contribution for continued Automobile Liability coverage is now due As stipulatedin the TexasAssociation of Counties Interlocal Agreement your coverage is continuous after payment of an annualcontribution Your contribution for the periodshown isAUTOMOBILE LIABILITY COVERAGECoverage Period September 30 2011 to September 30 20120 DeductibleANNUAL CONTRIBUTION DUE 83 668LESS RENEWAL CREDIT EARNED 34 928TOTAL AMOUNT DUE 48 740Checks should be made payable toPayment due date without late penalty October 30 2011Texas Association of Counties Risk Management PoolPO Box 200437Houston TX 772169903PLEASE PAY ACCORDING TO INVOICE CHANGES TO COVERAGE MUST BE MADE BYENDORSEMENT ANY REFUND OR ADDITIONAL CONTRIBUTION WILL BE INVOICED ATTHAT TIMESeptember 29 2011


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PssoOdyC ritedeivedOctober05 2011McLennan <strong>County</strong> Commissioners CourtCo Honorable Jim LewisMcLennan <strong>County</strong> Judge501 Washington Ave Ste 214Waco TX 7670113 7300Uls14 OCT 6 2011IiiaLtinnart <strong>County</strong>JtidgeCertified Mail 7009 0080 0002 26994462Dear Honorable Court MembersWe have reviewed the motor vehicle record of all employees listed on your Automobile LiabilityRenewal application During the review the following problems were identifiedThe employees listed below must be excluded from the policy Our underwriting guidelinesstipulate that we exclude from pool coverage any driver who has accumulated 12p ints or inurewhose driver s license has expired been revokedsuspended orcancelled A dnverexlusranendor plsign it andxeturnto our office u theen provicArtalius Douglas DL21214712Warren Richardson DL 11793159TheRisk Management Pool s Auto Liability Point System information sheet is enclosedRecent revisions in Texas law regarding employee privacy no longer allow us to release a copy ofmotor vehicle records without written authorization from the employee If an employee believesthere is an error in their record the proper procedure is for that individual to contact the TexasDepartment of Public Safety to argue the objection have the corrections made and then furnish uswith a corrected report forfurther considerationIf you would like to discuss anyof the underwriting decisions made regarding employees drivingstatus or ifyou have any questions please do not hesitate to call me512 478 8758 806 4503744 512 478 1426 FAX www counryorg 210 San Antonio Ausdn TX 78701 PO Box 2191 Ausdn TX 787682181Gene Terry Executive Ditector


TEXAS ASSOCIATION OF COUNTIESAUTO LIABILITY POINT SYSTEM FOR EXCLUSION OF DRIVERSExcluded driver would have 12 or more pointsWarned driver would have 811 pointsThe following is a schedule of the points as assessed for specified violations6 points within the past 36 monthsLeaving the scene of an accidentHit and runNegligent HomicideDriving under the influence of drugsUnlawful use ofdriver s licenseDriving while license is suspended4 points within the past 36 monthsor alcoholAt fault accidentsDriving onthe wrong side of the roadDriving in wrong laneTurn from wrong laneFailure to control vehiclelllegal passing3 points within the past 36 monthsSpeeding and all other minor moving violations to include all other scheduled violationsAutomatic Exclusion forVehicular Manslaughter or Vehicular HomicideRevoked Suspended or Cancelled Driver s Licenses LicenseExpired DriverTAC 01 08Board Approval 0829 07


AUTO LIABILITYExclusion of Named Driver andPartial Rejection of Coverages EndorsementThis endorsement modifies the Auto Liability Coverage Document to which it is attached This change iseffective on the inceptiondate of the Document unless another date is indicated belowThe Named Member agrees that none of the coverages afforded by this document shall apply whileArtalius DouglasTDL 21214712that this endorsementis operating any auto or any other motor vehicle The Named Member further agreeswill also serve as a rejection ofUninsuredUnderinsured Motorists Coverage and Personal Injury ProtectionCoverage while any auto or any other motor vehicle is operated bythe excluded driverAcknowledged byMember SignatureByDuly Authorized TAC RepresentativeALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAINUNCHANGEDEndorsementAL DEX Endorsement Effective Date September 302011Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number AL 1550 2011 09 30TACAUDEX01 08 Page 1Board Approved 08 29 07


AUTO LIABILITYExclusion of Named Driver andPartial Rejection of Coverages EndorsementThis endorsement modifies the Auto Liability Coverage Document to which it is attached This change iseffective on the inceptiondate of the Document unless another date is indicated belowThe Named Member agrees that none of the coverages afforded by this document shall apply whileWarren Richardson TDL 11793159that this endorsementis operating any auto or any other motor vehicle The Named Member further agreeswill also serve as arejection ofUninsuredUnderinsured Motorists Coverage and Personal Injury ProtectionCoverage while any auto or any other motor vehicle is operated bythe excluded driverAcknowledged byMember SignatureIByDuly Authorized TAC RepresentativeALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAINUNCHANGEDEndorsementAL DEX Endorsement Effective Date September 3020110Named Member McLennan <strong>County</strong>Attached to and forming part of CoverageDocument Number AL 1550 2011 09 30TACAL DEX01 08 Page 2Board Approved 08 29 07


9alCtr13KReceivedOctober 05 2011OCT 0 6 2011McLennanCommissioners Courtco Honorable Jini LewisMcLennan <strong>County</strong> Judge501 Washington Ave Ste 214Waco TX 767011373Certified Mail 7009 00800002 2699 4462fiAcLeetnanCeurity JudieDear Honorable Court MembersThank you for continuing your <strong>County</strong>Management Pools participationin theTexasAssociation of Counties RiskEnclosedplease find the following1 A coverage document for the current year for Crime Automobile Liability General LiabilityPublic Officials Liability and Law Enforcement LiabilityThe natureof insurance does notallow full or automatic coverage for every exposure and it is yourresponsibility to carefully read each coverage document to fully understand Coverage limitationsand exclusions which apply My staff or your Field Service Representative Michael Shannon willbe available to answer any questions that you may havePlease be aware there is no coverage for the Director of the CSCD as this is a separate entity fromthe <strong>County</strong> It is noted that McLennan <strong>County</strong> CSCD currently carries Public Officials Liabilitycoverage through the Texas Association of Counties Risk ManagementPoolIn order to Make this self insurance affordable to the greatest number ofpublic entities it is necessaryto restrict or exclude certain exposures Texas Association of Counties Risk Management Poolhas made every effort to offer the broadest coverage possible to our members however it is veryimportant that you understand where limitations he before a claim situation arisesits August 2010 meeting the board of the Texas Association ofCounties Risk ManagementPool voted to return 22 million dollars of net income earned in 2010 to active participants in thePool through the form of renewal credits The plan is structured tobenefit loyal members that havebeen proactive in controlling claims Twelve million dollars ofthat money has been allocated forliability coverages and the remaining10 million is allocated for Workers Compensation coverageThe renewal credits given backtoindividualparticipants are basedon longevity contributions andloss experience To be eligible for the longevity credit members must have been in the pool for afull year To be eligible for the loss experience credit m addition to being in the Pool fora full year512 4788758 BOO 4565974 512 478 1426 FAX wwiv county org 1210 San Antonio Austin TX 18 701 PO tax 2191 Austin TX 78168 2181GCIIe rr CQpILC Di1EGtOT


Honorable Jim LewisOctober 05 201Page 2members must have a favorable loss ratio when considering claims versus contributions for the pastthree yearsThe total renewal credit amount available for McLennan <strong>County</strong> at this renewal is 255 366 Thesecredits will reduce the amount that the county must renut for each line of liability coverage thatyourenew during the program s eligibility period of12011 through12 31 2011 You were advised in aseparate letter if your countywas eligible for a renewal creditInvoices for the coverages scheduled for renewal showing annual contribution the applicablerenewal credit awarded and the amount to be remitted for each line of coverage are being sent to youunder separate cover Please coordinate payment as well as any desired revisions of coverageTAC is pleased that you will continue as a member of our Pool Please know that we look forwardto our continued association with Your county and wish to be of service in any way possible Shouldyou have any questions please call your Service Representative MatthewRaves or me at 8001 4974 545974SincerelyKarenakerARM CISRRisk Management Pool Program ManagerLiability and Property CoveragesCc Michael Shannon TAC Field Service Representative


tnMcLennan <strong>County</strong>AUTO LIABILITY COVERAGEttisfIsIlidry i f lqctY tr I1 1 i1 11 1 121 r


TEXAS ASSOCIATION OF COUNTIESRISK MANAGEMENT POOLAUTO LIABILITY COVERAGE DOCUMENTDECLARATIONSThese Declarations fonn part of the Auto Liability Coverage Document between the Texas Association of Counties RiskManagement Pool and the Named Member shown in Item B belowItem A COVERAGE DOCUMENT NO AL 1550 2011 09 30Item B NAMED MEMBER AND ADDRESS McLennan <strong>County</strong>501 Washington Ave Ste 214Waco TX 76701 1373Item C COVERAGE PERIOD From September 30 2011 to September 30 2012Item DLimits of LiabilityAuto Liability CoverageBodily Injury LiabilityEach Person 100 000Each Accident 300 000Property Damage LiabilityEach Accident 100 000UninsuredUnderinsured MotoristsPersonal Injury ProtectionItem E DEDUCTIBLE 0Item FItem GItem HItem IContributionAuto Liability Coverage Form 65 214NonOwned and Hired Coverage 73Dates under this item are 12 01 AM United States Central TimePer EndorsementPer EndorsementIncludedLimited Mexico CoverageIncludedSupplementary Death BenefitUninsuredUnderinsured Motorist 14 388Personal Injury Protection 3993Official Use of POV 0TOTAL ANNUAL CONTRIBUTION 83 668NOTICE OFACCIDENTNotice of an accident or claim <strong>including</strong> service of process is to be delivered immediatelyto the Pool via the TexasAssociation of Counties Claim Department atTexas Association of CountiesAttn Claims DepartmentPO Box 2131Austin Texas 78768Fax 512 4781426Immediately in addition to any fax transmission transmit the notice of claim and related documents byUS Mailor other delivery service to the above addressNAMED MEMBER S DESIGNATED POOL COORDINATOR Honorable Jim LewisFORMSAND ENDORSEMENTSThe forms and endorsements comprising this Auto Liability Coverage Document at issuance areTACAL11 10 ALSDB 01 08 ALIMEX01 08 ALJNUCL 01 08 AL DEX 01 08 AL PIP 03UM01 08This Agreement is issued byCetasTexasTACALJDEC 01 08Board Approved 08 29 0711 ALauthorized representative of the Pool on September 29 2011 at Austin


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SupplementaryAUTO LIABILITYDeath Benefit EndorsementThis endorsement modifies the Auto Liability Coverage Document to which it is attachedCOVERAGE AGREEMENT AND LIMIT OF LIABILITYs beneficiary a SupplementaryA ThePool will pay to a covered person10 000 because of death to the covered person1 Caused by an auto accident and2 Sustained by a covered person while wearing a seat belt or protected by an airbagDeath Benefit in the amount of ten thousand dollarsB The Pool will pay the benefit if such death occurs within three years of the date of such accidentC This Supplementary Death Benefit shall not be reduced by any other amounts paid or payable under this Document or othercoverage or insurance for the accidentPROOF OF CLAIM FOR DEATH BENEFITThe beneficiary must furnish the Pool with proof of death of the covered person accompanied by a police reportverifiable proof that the covered person was wearing a seat belt or protected by an airbagor otherat the time the accident occurredDEFINITIONSA Covered person as used in this endorsement means officials and employees of the Named Member but only while in thecourse of their employment with the Named Member or while occupying with the Named Member s anpermission autoowned or leased by the Named Member or temporarily used by the Named Member as a substitute for an auto ownedor leased by the Named Member that has been withdrawn from use because of its breakdown repair servicing loss ordestructionB Seat Belt means manual or automatic safety belts or seat and shoulder restraints or a child restraint deviceC Airbag means a functioning airbag designed to protect the occupant of a seat in an automobileD Beneficiary means in order of priority of payment1 the surviving spouse if a resident in the same household as the deceased covered person at the time of the accident or2 if the deceased covered person is an unmarried minor either of the surviving parents who had legal custody at the time ofthe accident or3 the estate of the deceased covered personALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement ALSDB Endorsement Effective Date September 30 2011Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number AL 1550 2011 09 30TACAUSDB01 08 Page 1 of 1Board Approved 08 29 07


AUTO LIABILITYMexico Coverage EndorsementLimitedThis endorsement modifies the Auto Liability CoverageDocument to which it is attachedREAD THIS ENDORSEMENT CAREFULLYAuto accidentsare subJect10 1aws ofMexico on ly NOT the laws ofthe Untted Statesof America Unlike the United States the Rcpublic of Mexico considers an auto accident a CRIMINALOFFENSE as well as a civil matterIn some casesthe coverage under this endorsement mayNOT be recognizesby Mexican authorities andthe Pool may not be allowed to implement this coverage at all in Mexico The Named Member shouldconsider urchasin auto liabili Coversefrom aGlicensed MexicanInsurance Com any before drivinginto MexicoThisendorsementdoesnot applyto trips into Mexico that exceed 25 miles from the boundary ofStates ofAmericaa UnitedCOVERAGE EXTENSIONThe coverages forming apart of this Document are hereby extended to accidents occurring in Mexicowithin 25 miles of the United States border This extension only applies for infrequent trips into Mexico thatdo not exceed ten days at anyone timeAPPLICABILITYNotwithstanding any provisions in this Document to the contrary this endorsement applies onlytopersons who live in the United States of America The auto involved in the accident for which coverage issought hereunder must be principally garaged and used in the United States of America If either of thesetwo requirements are not met this endorsement will not applyLIMITS OF LIABILITYThe Limits of Liability for the coverages extended by this endorsement are those shown in the Declarationsor in the Schedule of the applicable endorsement Section IC2 Out of State Coverage of the Auto LiabilityCoverage Form shall not apply to the coverage extended bythis endorsementSPECIAL CONDITIONSOTHER INSURANCEThe coverage provided by this endorsement is excess over any other collectible insuranceALL OTHER TERMS CONDMONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsementAL MEX Endorsement Effective Date September 30 2011Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number AL 1550 2011 09 30TACAurvmx 01 08 Page 1 of 1Board Approved 08 29 07


AUTO LIABILITYNuclear Energy Exclusion EndorsementThis endorsement modifies the Auto Liability CoverageDocument to which it is attachedACoverage does not apply under this Document to bodily injury or property damage1 With respect to which a covered person under this Document is also an insuredunder a nuclear energy liability policy issued by Nuclear Energy LiabilityInsurance Association Mutual Atomic Energy Liability Underwriters NuclearInsurance Association of Canada orany of their successors or would be aninsured under any such policy but for its termination upon exhaustion of its limitof liability or2 Resulting from the hazardous properties of nuclear material and withrespect to which a any person or organization is required to maintain financialprotection pursuant to the Atomic Energy Act of 1954 or any law amendatorythereof or b a covered person is or had this Document not been issued wouldbe entitled to indemnity from the United States of America or any agencythereof under any agreement entered into by the United States of America orany agency thereof with any personororganization3 With respect to bodily injury sustained by any person resulting from thehazardous properties of nuclear material and arising out of the operation of anuclear facility by any person or organization4 Resulting from the hazardous properties of nuclear material ifabcThe nuclear materiali is at any nuclear facility owned by or operatedby or on behalf of a covered person or ii has been discharged ordispersed therefromThe nuclear material is contained in spent fuel or waste at any timepossessed handled used processed stored transported or disposed of byor on behalf of a covered person orThe bodily injury or property damage arises out of the furnishing by acovered person of services materials parts of equipmentwith the planning construction maintenance operation or use of anynuclear facility but if such facility is located within the United Statesof America its territories orpossessions or Canada this exclusion cin connectionapplies only to property damage to such nuclear facility and anyproperty thereatBAs used in this endorsement1 Hazardous properties include radioactive toxic orexplosive properties2 Nuclear material means source material Special nuclear material or byproduct material3 Source material special nuclear material and byproductthe meanings given them in the Atomic Energy Act of 1954 or in any lawamendatory thereofmaterial haveTACAUNUCL01 08Board Approved08 29 07 Page 1 of 2


4 Spent fuel means any fuel element or fuel component solid orliquid which hasbeen used orexposed to radiation in a nuclear reactor5 Waste means any waste material a containing byproduct material other thanthe tailings or wastes produced by the extraction or concentration of uranium orthorium from any ore processed primarily for its source material content andb resulting from the operation by any person or organization of any nuclearfacility included under the first two paragraphs of the definition of nuclearfacility6 Nuclear facility meansabcAny nuclear reactorAny equipment or device designed or used for 1 separating the isotopesof uranium or plutonium 2 processing or utilizing spent fuel or 3handling processing or packaging wasteAny equipment or device used for the processing fabricating or alloyingof special nuclear material if at any time the total amount of suchmaterial in the custody of a covered person at the premises where suchequipment or device is located consists of or contains more than 25 gramsof plutonium or uranium 233 or any combination thereof or more than250 grams of uranium 235dAny structure basin excavation premises or place preparedthe storage or disposal of wasteor used forand includes the site on which any of the foregoing is located all operationsconducted on such site and all premises used for such operations7 Nuclear reactor means any apparatus designed or used to sustain nuclear fissionin a self supporting chain reaction or to contain a critical mass of fissionablematerial8 Property damage includes all forms of radioactive contamination of propertyALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsementAL NUCL Endorsement Effective Date September 30 2011Named Member McLennan <strong>County</strong>Attached to and forming part of CoverageDocument Number AL 1550 2011 09 30TACAL NUCL01 08 Page 2 of 2Board Approved08 29 07


AUTO LIABILITYExclusion of Named Driver andPartial Rejection of Coverages EndorsementThis endorsement modifies the Auto Liability Coverage Document to which it is attached This change iseffective on the inceptiondate of the Document unless another date is indicated belowThe Named Member agrees that none of the coverages afforded by this document shall apply whileArtalius Douglas TDL 21214712is operating any auto or any other motor vehicle The Named Member further agrees that this endorsementwill also serve as a rejection ofUninsuredUnderinsured Motorists Coverage and Personal Injury ProtectionCoverage while any auto or any other motor vehicle is operated by the excluded driverAcknowledged byMember SignatureByDuly Authorized TAC RepresentativeALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAINUNCHANGEDEndorsementAL DEX Endorsement Effective Date September 302011Named Member McLennan <strong>County</strong>Attached to and forming part of CoverageDocument Number AL 1550 2011 09 30TACAUDEX 0108 Page 1Board Approved08 29 07


AUTO LIABILITYExclusion of Named Driver andPartial Rejection of Coverages EndorsementThis endorsement modifies the Auto Liability Coverage Document to which it is attached This change iseffective on the inceptiondate of the Document unless another date is indicated belowThe Named Member agrees that none of the coverages afforded by this document shall apply whileWarren Richardson TDL 11793159is operating any auto or any other motor vehicle The Named Member further agrees that this endorsementwill also serve as arejection ofUninsuredUnderinsured Motorists Coverage and Personal Injury ProtectionCoverage while any auto or any other motor vehicle is operated by the excluded driverAcknowledged byMember SignatureByDuly Authorized TAC RepresentativeALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAINUNCHANGEDEndorsementAL DEX Endorsement Effective Date September 302011Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number AL 1550 2011 09 30TACAIJDEX01 08 Page 2Hoard Approved 08 29 07


AUTO LIABILITYPersonal Injury Protection Coverage EndorsementThis endorsement provides coverage in addition to that provided under the Auto Liability Coverage Fonn This endorsementmodifies the Auto Liability Coverage Document to which it is attached Certain terms used herein have meanings different thansimilar terms used in other forms and endorsements forming a part ofthe Document Please review the Definitions and Conditionsstated hereinCoveragePersonal Injury ProtectionSCHEDULEDescription of Covered AutosSee H1 Additional Definitions BelowLimit of Coverage5000 each personA COVERAGE AGREEMENTThe Pool will pay Personal Injury Protection benefits because of bodily injury1 resulting from a motor vehicle accident and2 sustained by a covered personThe Pool s payment will only be for losses or expenses incurred within three years from the date of accidentPersonal Injury Protection benefits consist of1 Necessary expenses for medical and funeral services2 Eighty percent of a covered personloss of income from employment These benefits apply onlyif at the time of the accident the insuredabwas an income producer andwas in an occupational statusThese benefits do not apply to any Loss after the covered person diesLoss of income is the difference betweenabincome which would have been earned had the covered person not been injuredandthe amount of income actually received from employment during the disabilityIf the income being earned as of the date of accident is a salary or fixed remuneration it shall be used indetermining the amount of income which would have been earned Otherwise the average monthly incomeearned during the period not more than 12 months preceding the accident shall be used3 Reasonable expenses incurred for obtaining services These services must replace those a coveredperson would normally have performeda without payb during a period of disability andc for the care and maintenance of the family or householdThese benefits would apply if at the time of the accident the covered persona was not an income producer andbwas not in an occupational statusThese benefits would notapply to any loss after the covered person diesB EXCLUSIONSThe Pool does not provide Personal Injury Protection Coverage for any person for bodily injury sustained1 in an accident caused intentionally by that person2 by that person while in the commission of a felony3 by that person while attempting to elude arrest by a law enforcement official4 to any employee of the Named Member who is injured in the course and scope of his or her employmentTACALJPIP03 11 Page 1 of 3Board Approved 03 10 11


C WHO IS A COVERED PERSONFor purposes of this Personal Injury Protection Coverage covered person shall mean1 The Named Member s officials employees volunteers and any of their family members while occupyingor whenstruck by a covered auto2 anyone else occupying a covered auto with the Named Member s permission and within the scope of that permissionD LIMIT OF COVERAGERegardless of the number of owned covered autos covered persons premiums paid claims made or vehicles involved in theaccident the most the Pool will pay for bodily injury for each covered person in any one accident is the Limit of Coverageshown in the ScheduleIfa person receiving payment under this Personal Injury Protection Coverage Endorsement is also making a claim againstthe Named Member or another covered person under the bodily injury provisions Auto Liability Coverage Form of thisDocument or against the Pool under the bodily injury provisions of theUninsuredUnderinsured Motorists CoverageEndorsement of this Document such Named Member other covered person and the Pool shall be entitled to an offsetcredit or deduction against any award made to such recipient in an amount equal to the amount paid to such recipient underthis Personal Injury Protection Coverage Endorsement and the Auto Liability Coverage Form andUninsuredUnderinsuredMotorists Coverage Endorsement of this Document are hereby amended accordingly provided however nothing herein shallbe construed to authorize a direct action against the PoolE CONDITIONSThe CONDITIONS found in the Auto Liability Coverage Form are changed for Personal Injury Protection as follows1 ConditionL2 DUTIES IN THE EVENT OF ACCIDENT CLAIM SUIT OR LOSS is changed by adding thefollowingd at the Pool s request give to the Pool a written proof of claim under oath if required <strong>including</strong> full particularsof the nature and extent of the accident injuries treatment and any other details relevant to the Pool sdetermination of benefits payable hereunder Proof of claim shall be made on forms furnished by the Poolunless within fifteen days after receiving notice of the claim the Pool has failed to furnish such forms In suchevent notice shall be given in letter forme at the Pool s request submit to examination under oath by any person selected by the Pool as often as may bereasonably requiredf provide or authorize the Pool to obtain medical records or pertinent informationg submit to physicalor mental examination at the Pool s request by physicians of the Pool s choice when andas often as the Pool reasonably requests2 ConditionN TRANSFER OF RIGHTS OF RECOVERY AGAINST ANOTHER TO THE POOL does notapply3 Condition R OTHER COVERAGE OR INSURANCE is replaced by the followingIfthere is other Personal Injury Protection Insurance the Pool will pay only its share The Pool s share is theproportion that its Limit ofProtection bears to the total of all applicable limits However any coverage the Poolprovides with respect to a vehicle the Named Member does not own shall be excess over any other collectiblePersonal Injury Protection coverageF PAYMENT PROVISIONBenefits payable under this coverage <strong>including</strong> those for loss of income are only payable within thirty days after satisfactoryproof thereof is received by the Pool Subject to such proof of claim1 accrued medical expenses and benefits for loss of income are payable not more frequently than every two weeks2 any benefits for a period of less than two weeks for which the company is liable are payable at termination of the disabilityperiodPayments will be made to the person who is disabled or ifthe disabled person is an unemancipated minor to the parent orguardian who has custody of such minor within thirty days after satisfactory proof of parentage or guardianship is received bythe PoolTAGAUPIP03 11 Page 2 of 3Board Approved 03 10 11


G ASSIGNMENT OF BENEFITSPayments for medical benefits will be paid directly to a physician or other health care provider if the Pool receives a writtenassignment signed by the covered person to whom such benefits are payableH ADDITIONAL DEFINITIONSThe following are added to the DEFINITIONS Section and have special meaning for Personal Injury Protection1 Covered auto means an auto which is apassenger vehicle pickup truck or van and which isabowned or leased by the Named Member ortemporarily used by the Named Member as a substitute for an auto owned or leased by the NamedMember that has been withdrawn from normal use because of its breakdown repair servicing loss ordestruction andLiability coverage under this Document must apply to the covered autoCovered auto shall not includeabany auto while used as a livery or public conveyance unless prior to the accident such use is specificallydeclared and described in the Declarations or otherwise approved in writing by the Poolany auto which is not being used with the Named Member s permission or the use ofwhich is outside thescope of the Named Member s permission2 Medical expenses means expenses for necessary medical surgical x ray and dental services <strong>including</strong>prosthetic devices and necessary ambulance hospital professional nursing and funeral services3 Occupying means in upon getting in on out or off4 Person means a natural person and not acorporation partnership association organization or business nameALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement AL PIP Endorsement Effective Date September 30 2011Named Member McLennan <strong>County</strong>Attached to and forming part of CoverageDocument Number AL 1550 2011 09 30TACAI 1P1P03 11 Page 3 of 3Board Approved03 10 11


AUTO LIABILITYUninsuredUnderinsured Motorists Coverage EndorsementThis endorsement provides coverage in addition to that provided under the Auto Liability Coverage Fonn Certain terms usedherein have meanings different than similar teens used in other forms and endorsements forming a part ofthe Document Pleasereview the Definitions and Conditions stated hereinCoverageSCHEDULELimits of LiabilityBodily Inury 25 000 each person100000 each accidentProperty Damage 45 000 each accidentDescription of Covered Autos SeeF1 Additional Definitions belowACOVERAGE AGREEMENT1 The Pool will pay damages which a covered person is legally entitled to recover from the owner or operator ofan uninsured motor vehicle because of bodily injury sustained by the covered person or property damagescaused byan accident The owner s or operator s liability for these damages must arise out of the ownershipmaintenance or use of the uninsured motor vehicle2 Any judgment for damages arising out of a suit broughtwithout the Pool s consent is not binding on the Pool3 Ifthe Pool and the Named Member do not agree as to whether or not a vehicle is actually uninsured the burdenofproof as to that issue shall be on the PoolBEXCLUSIONS1 The Pool does not provide UninsuredUnderinsured Motorists Coverage for any personabcdeFor bodily injury sustained while occupying or when struck by any motor vehicle or a trailer ofany type owned by the Named Member any of its officials employees or volunteers or any of theirfamily members which is not a covered auto under this endorsementIf that person or the legal representativesettles the claim without the Pool s consentFor the first 250 of the amount of damage to the property of that person as the result of any oneaccidentUsing a vehicle without a reasonable belief that the person is entitled to do so This exclusion does notapply to the Named MemberFor bodily injury or property damage resulting from the intentional acts of that personC2 This coverage shall notapply directly or indirectly tobenefitabWHO IS A COVERED PERSONany insurer or self insurer under any workers compensation disability benefits or similar lawany insurer of propertyFor purposes ofthisUninsuredUnderinsured Motorists Coverage covered person shall mean1 The Named Member2 Officials employees and volunteers while occupyinga covered auto3 Any person or organization for damages that person or organization is entitled to recover because of bodilyinjury sustained by a person described in 1 or 2 aboveTAGAUUM 0108 Page 1 of4Board Approved08 29 07


DLIMITS OF LIABILITYThe Limit of Liability shown in the Schedule for bodily injury each person is the most the Pool will pay for all damagesfor bodily injury sustained by any one person in any one auto accident Subject to this Iimit for each person the Limitof Liability indicated for bodily injury each accident is the most the Pool will pay for all damages for bodily injuryresulting from any one accident regardless of the number of persons injured The Limit of Liability shown in the Schedulefor property damage each accident is the most the Pool will pay for all damages for property damage resulting fromany one accident regardless of the number of persons claiming such damages These limits are the most the Pool will payregardless of the number of1 covered persons2 claims made3 policies or bonds applicable4 covered autos5 vehicles involvedSubject to this maximumIthe Pool s Limit of Liability will be the lesser ofThe difference between the amount of a covered persondamages for bodily injury or property damage andthe amount paid or payable to that covered person for such damages by or on behalf of persons or organizationswho may be legally responsible and2 The applicable limit of liability for this coverageIn order to avoid benefit payments in excess of actual damages sustained subject onlyto the limits set out in the Scheduleor in the Declarations and other applicable provisions ofthis coverage the Pool will pay all covered damages not paid orpayable under any workers compensation law disability benefits law any similar law auto medical expense coverage orPersonal Injury Protection CoverageAny payment under this coverage to or for a covered person will reduce any amount that covered person is entitled torecover for the samedamages under the LIABILITY COVERAGE of this policySPECIAL PROVISION FOR PROPERTY DAMAGEIf a covered person sustains property damage loss to which the physical or property damage coverage of anotherpolicy and this coverage both apply the Named Member may choose the coverage from which damages will be paid TheNamed Member may recover under both coverages but only if1 neither one by itself is sufficient to cover the loss2 the Named Member pays the higher deductible amount but the Named Member does not have to pay bothdeductibles and3 the Named Member will not recover more than the actual damagesECONDITIONSThe Conditions found in the Auto Liability Coverage Form are changed forUninsuredUnderinsured Motorists Coverage asfollows1 ConditionL2 DUTIES IN THE EVENT OF ACCIDENT CLAIM SUIT OR LOSS is changed by adding thefollowingdefat the Pool s request give to the Pool a written proof of claim under oath ifrequired <strong>including</strong> fullparticulars of the nature and extent ofthe accident injuries treatment and any other details relevant tothe Pool s determination ofbenefits payable hereunder Proof of claim shall be made on forms furnishedby the Pool unless within fifteen days after receiving notice of the claim the Pool has failed to furnishsuch forms In such event notice shall be given in letter format the Pool s request submit to examination under oath by any person selected by the Pool as often asmay be reasonably requiredprovide or authorize the Pool to obtain medical records or pertinent informationTACAUUM01 08 Page 2 of 4Board Approved08 29 07


ghijsubmit to physical or mental examination at the Pool s request by physicians of the Pool s choicewhen and as often as the Pool reasonably requestspromptly notify the policeif a hitandrun driver is involvedpromptly send the Pool copies of the legal papers if a suit is broughttake reasonable steps after loss to protect the covered auto and its equipment from further loss ThePool will pay reasonable expenses incurred to do thiskpermit the Pool to inspect and appraise the damaged property before its repair or disposal2 Condition N TRANSFER OF RIGHTS OF RECOVERY AGAINST ANOTHER TO THE POOL is changedby adding the followingIf the Pool makes apayment and the covered person recovers from another party the covered person shall holdthe proceeds in trust for the Pool and reimburse the Pool to the extent of the Pool s payment However the Poolmay not claim the amount recovered from an insurer of any underinsured motor vehicle3 Condition R OTHER COVERAGE OR INSURANCE is replaced by the followingIf there is other applicable similar coverage or insurance the Pool will pay only its share of the loss The Pool sshare is the proportion that its Limit of Liability bears to the total of all applicable limits However any coveragethe Pool provides with respect to a vehicle the Named Member does not own shall be excess over any othercollectible coverage or insurance4 The following Condition is addedUPAYMENT OF LOSS BY THE POOLAny amount due under this UninsuredUnderinsured Motorists Coverage is payable1 to the covered person or2 if the covered person is a minor to his parent or guardian or3 ifthe covered person is deceased to bis surviving spouse otherwise to a person authorized by lawto receive such payment or to a person legally entitled to recover the damages which the paymentrepresents4 to a person authorized by law to receive such payment or to a person legally entitled to recover thedamages which the payment representsprovided the Pool may at its option pay any amount due hereunder in accordance with subparagraph U 4aboveFADDITIONAL DEFINITIONSThe DEFINITIONS of the Document arechanged or supplemented forUNINSUREDUNDERINSURED MOTORISTCOVERAGE as follows1 Covered auto meansaany auto which is1 owned or leased by the Named Member or2 temporarily used by the Named Member as a substitute for an auto owned or leased by the NamedMember that has been withdrawn from normal use because of its breakdown repair servicing loss ordestruction andLiability coverage under this Document must applybCovered auto shall not includeto the covered auto1 any auto while used as a livery or public conveyance unless prior to the accident such use isspecifically declared and described in the Declarations or otherwise approved in writing by the Pool2 any auto which is not being used with the Named Member s permission or the use of which is outsidethe scope of the Named Member s permission2 Family member means aperson related to a Named Member its officials employees or volunteers by bloodmarriage or adoption who is a resident oftheir respective households a<strong>including</strong> ward or foster child3 Occupying means in upon getting in on out or offTAC AI UM0I 08 Page 3 of 4Board Approved08 29 07


4 Property damage means injury to or loss of use of or destruction ofaba covered autoproperty owned by the Named Member its officials employees or volunteers while contained in acovered auto andcproperty owned by any other person occupying the covered auto while contained in the covered auto5 Uninsured motor vehicle means a land motor vehicle or trailer of any typeabcdTo which no liability bond or policy appliesat the time of the accidentWhich is a hit andrun vehicle whose or owneroperator cannot be identified The vehicle must hit acovered person a covered auto or a vehicle a covered person is occupyingTo which a liability bond or policy applies at the time of the accident but the bonding or insuringcompany denies coverage or becomes insolventWhich is an underinsured motor vehicle An underinsured motor vehicle is one to which a liability bondorpolicy applies at the time of the accident but its limit of liability either1 is not enough to pay the full amount the covered person is legally entitled to recover as damages or2 has been reduced by payment of claims to an amount which is not enough to pay the full amountthe covered person is legally entitled to recover as damagesHowever uninsured motor vehicle does not include any vehicle or equipmentabcdefowned by or furnished or available for the regular use of the Named Member its officials employeesor volunteers or any family member of any of themowned or operated by a self insurer under any applicable motor vehicle lawowned by any governmental body unless the operator of the vehicle is uninsured and there is no statuteimposing liability for damage because of bodily injury or property damage on the governmental bodyfor an amount not less than the Limit of Liability for this coverageoperated on rails or crawler treadsdesigned mainly for use off public roads while not on public roads orwhile located for use as a residence or premisesALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement AL UM Endorsement Effective Date September 30 2011Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number AL 1550 2011 09 30TACALUM01 08 Page 4 of 4Board Approved 08 29 07


pssoTEXAS ASSOCIATION Of COUNTIESRISK MANAGEMENT POOLAuto Liability Coverage FormTable of ContentsPageSection 1 Liability Coverage 2A What the pool will pay 2B Who is covered 2C Coverage extensions 3Section II Exclusions 5Section III Limits of liability7Section IV Conditions 7Section V Definitions 13TAC RMP AL 11 1 10Page 1of14Board Approved82010


AUTO LIABILITY COVERAGE FORMThe Texas Association of Counties Risk Management Pool the Pool exists to enable its members topurchase coverage against liability claims This is not a contract of insurance but is a Documentevidencing liability coverage pursuant to the provisions of Chapters 791 and 2259 of the TexasGovemment Code and Chapter 119 of the Texas Local Government Code Under this Documentpolitical subdivisions create and contribute to the Pool as an alternative to purchasing insurance fromcommercial insurance markets While this Document is not commercial insurance the Pool s Board ofTrustees has determined that certain firstparty coverages may be offered herein for the purpose ofmitigating or reducing potential liability exposures to the Named MemberVARIOUS PROVISIONS IN THIS DOCUMENT RESTRICT COVERAGE READ THE ENTIREDOCUMENT CAREFULLY TO DETERMINE RIGHTS DUTIES AND WHAT IS AND IS NOTCOVEREDThroughout this Document the words Named Member and Named Member s refer to the governmentalunit shown as the Named Member in the Declarations The words Pool and Pool s refer to the Poolproviding this coverage The Named Member is wholly responsible for paying the entire Deductibleshown in the Declarations A covered person other than the Named Member has no Individualresponsibility for paying any portion of the Deductible and is fully covered for the amount of any liabilitynot in excess of100 000 as referenced in Texas Civil Practices and Remedies Code Section 108 002Words and phrases that appear in boldfaced type have special meaning Refer to SECTION VDEFINITIONSSECTION ILIABILITY COVERAGEAWHAT THE POOL WILL PAYThe Pool will pay all sums upto the Pool s Limit of Liability a covered person legally must payasdamages because of bodily injury or property damage to which this insurance appliescaused by an accident and resulting from the ownership maintenance or use of an autoThe Pool has the right and duty to defend any suit asking for such damages However the Poolhas no duty to defend suits for bodily injury or property damage not covered by thisDocument The Pool may investigate and settle any claim or suit as the Pool considersappropriate The Pool s duty to defend or settle ends when the applicable Limit of Liability hasbeen exhausted by payment of judgmentsor settlements The Pool s right to defend includesthe right to select counsel to defend covered claims or suitsBWHO IS COVEREDThe following are covered persons1 The Named Member for any auto2 Anyone else while using an auto the Named Member owns hires or borrows but only ifthat person is using the vehicle with the Named Member s permission the use of thevehicle is within the scope of the Named Member s permission except that the followingare not covered personsTAC RMP AL 11 110Page 2 of 14Board Approved 82010


abThe owner of an auto the Named Member hires or borrows from one ofthe Named Member s officials employees or volunteers or a memberof his or her householdAnyone using an auto while he or she is working in a business of sellingservicing repairing or parking autos unless that business is the NamedMember scAnyone other than the Named Member s officials employees orvolunteers while moving property to or from an auto3 Anyone liable for the conduct of a covered person described above but onlyextent of that liability However the owner or anyone else from whom the NamedMember hires or borrows an auto is a covered person only if that auto is a trailerconnected to an auto the Named Member ownsto theTo the extent that the Named Member s officials employees or volunteers qualify as coveredpersons for a covered accident the coverage afforded by this Document applies to theindividual liability of those persons without regard to their or the Named Member s immunityor suit for that accidentfrom liabilityCCOVERAGE EXTENSIONS1 Supplementary PaymentsIn addition to the Limit of Liability the Pool will pay for the covered personaAll expenses the Pool incursbcdeUp to 250 for cost of bail bonds <strong>including</strong> bonds for related traffic lawviolations required because of an accident the Pool covers The Pool does nothave to fumish these bondsThe cost of bonds to release attachments in any suit the Pool defends but onlyfor bond amounts within the Pool s Limit of LiabilityReasonable expenses incurred by the covered person at the Pool s request inassisting the investigation or defense of a claim or suit <strong>including</strong> actual loss ofeamings up to 100 a day because of time off from workAll costs taxed against the covered person in any suit the Pool defendsfghPrejudgment interest awarded against the covered person on that part of thejudgment the Pool pays If the Pool makes an offer to pay the applicable limit ofcoverage the Pool will not pay any pre judgment interest based on that period oftime after the offerAll interest on the full amount of any judgment that accrues after entry of thejudgment in any suit the Pool defends but the Pool s duty to pay interest endswhen the Pool has paid offered to pay or deposited in court the part of thejudgment that is within the Pool s Limit of LiabilityExpenses incurred by a covered person for first aid to others at the time of anaccident for bodily injury to which this Document appliesTAC RMP AL 11 1 10Page 3 of 14Board Approved 82010


2 Out of State CoverageaIf1a covered person is using an auto within the Coverage Territorydescribed in Condition S below but outside of the State of Texas and2 the laws of that state territory or province require the covered personto maintain insurance with respect to the operation or use of that autowithin its borders and3 the coverage provided by this Document differs in form kind or amountfrom that required by said lawsbthe Pool will1 increase the Limits of Liability specified in the Declarations for this AutoLiability Coverage Form to the greater of eitherabthe minimum limits specified by the law of the state territory orprovince where the auto is being used ora combined single limit of liability of one million dollars1000for all damages because of bodily Injury andproperty damage resulting from any one accident regardlessof the number of covered persons under this Document thenumber of persons or organizations who sustain bodily Injury orproperty damage or the number of autos to which thisDocument applies2 Provide the minimum forms or kinds of coverages such asno fault asmay be required and set forth by the laws by that state territory orprovince but only to the extent required by such lawscdThe increased amount of coverage afforded by this Coverage Extension shall bein excess of any other valid and collectible insurance or coverage that may beavailable to the covered personThe Pool will not pay anyone more than once for the same elements of lossbecause of these extensionsTAC RMP AL 11 1 10Page4of14Board Approved 820 10


SECTION IIEXCLUSIONSThe coverage afforded by this Document does not apply to any of the followingAEXPECTED OR INTENDED INJURYBodily Injury or property damage expected or intended from the standpoint of a coveredpersonBCONTRACTUAL LIABILITYLiability assumed under any contract or agreement but this exclusion does not apply to liabilityfor damages that the covered person would have in the absence of the contract or agreementCWORKERS COMPENSATIONAny obligation for which the covered person or the covered personinsurer may be held liableunder any workers compensation disability benefits or unemployment compensation law or anysimilar lawDEMPLOYEE INDEMNIFICATION AND EMPLOYER S LIABILITYBodily Injury to1 An employee of a covered person arisingemployment by the covered person orout of and in the course of2 The spouse child parent brother or sister of that employee as a consequence ofparagraph a aboveThis exclusion applies1 Whether the covered person may be liable as an employer or in any othercapacity and2 To any obligation to share damages with or repay someone else who must paydamages because of the injuryEFELLOW EMPLOYEEBodily Injury to any fellow employee of a covered person arising out of and in the course of thefellow employee s employmentFCARE CUSTODY OR CONTROLProperty damage to property owned or transported by a covered personpersoncare custody or controlor in a coveredGEMERGENCY MEDICAL SERVICEWith respect to damages resulting from the ownership maintenance or use of emergencymedical service vehicles because ofTAC RMP AL 11 1 10Page 5of14Board Approved820 10


1 bodily injury resulting from the providing of or failure to provide medical servicesor other professional services2 bodily injury resulting from the fumishing of or failure to fumish food or drink inconnection with such services or3 bodily injury or property damage resulting from the handling of corpsesHHANDLING OF PROPERTYBodily Injury or property damage resulting from the handling of the property1 Before it is moved from the place where it is accepted by a covered person formovement into or onto an auto or2 After it is moved from an auto to the place where it is finally delivered by acovered person1 MOVEMENT OF PROPERTY BY MECHANICAL DEVICEBodily injury or property damage resulting from the movement of property by a mechanicaldevice other than a hand truck unless the device is attached to an autoJOPERATIONSBodily injury or property damage arising out of the operation of any equipment listed inparagraphs6b and 6c of the definition of mobile equipmentKPOLLUTIONBodily Injury or property damage arising out of the discharge dispersal release or escape ofpollutants into or upon land the atmosphere any watercourse or body of water but thisexclusion does not apply if such discharge dispersal release or escape is sudden andaccidental Pollutants means any solid liquid gaseous or thermal irritant or contaminant<strong>including</strong> smoke vapor soot fumes acids alkalis fuels lubricants chemicals and wasteWaste includes materials to be recycled reconditioned or reclaimedLWARBodily injury or property damage due to war whether or not declared or any act or conditionincident to war War includes civil war insurrection rebellion or revolutionMSTATE RESPONSIBILITYTo any claim liabilityloss or accident for which the State of Texas1 has the responsibility to pay or indemnify or2 asserts a right to defend orTAC RMP AL 11 110Page 6of14Board Approved 82010


3 asserts a right to adjust handle or settleSECTION 11ILIMITS OF LIABILITYRegardless of the number of autos covered persons contributions paid claims made or vehiclesInvolved in the accident the Limits of Liability payable under this Document are as followsABodily Injury Liability Each PersonEach Person is the most the PoolThe Limit of Liability shown in the Declarations for Bodily Injurywill pay for all damages resulting from bodily injury to any one person caused by any oneaccidentBBodily Injury Liability Each AccidentSubject to the limit for Bodily Injury Each Person the Limit of Liabilityfor Combined Bodily Injury Liability Each Accident is the most the Pool will pay for all damagesresulting from bodily injury caused by any one accidentshown in the DeclarationsCProperty Damage Liability Each AccidentThe Limit of Liability shown In the Declarations for Property Damage Liability is the most the Poolwill pay for all damages resulting from property damage caused by any one accidentAll bodily injury and property damage resulting from continuous or repeated exposure to substantiallythe same conditions will be considered asresulting from one accidentSECTION IVCONDITIONSotherwise indicated thereinall other forms andThis Auto Liability Coverage Form and unlessendorsements forming a part of this Document are subject to the following ConditionsAAPPLICATION AND DECLARATIONSBy acceptance of this Document the Named Member agrees that the statements in theApplication and Declarations are the Named Member s agreements and representations thatthis Document is issued in reliance upon the truth of such representations and that thisDocument the Pool s ByLaws the Interlocal Participation Agreement between the NamedMember and the Pool and the Pool s duly adopted underwriting standards and criteria embodyall agreements existing between the Named Member and the Pool or any of the Pool s agentsrelatingto this DocumentBUNINTENTIONAL FAILURE TO DISCLOSEIt is agreed that the Named Member s failure to disclose all hazards existing as of the inceptiondate of this Document shall not prejudice a covered person with respect to the coverageafforded by this Document if such failure or omission was not intentionalTAC RMP AL 11 110Page 7 of 14Board Approved 82010


CCOMPLIANCE WITH CONDITIONSIf any covered person breaches any condition or warranty of this Document there shall be nocoverage <strong>including</strong> any obligation to defend for any covered personas to the particularaccident or action in connection with which such breach occurredDDELIVERY OF THIS DOCUMENTDelivery of this Document to the Named Member shall be considered delivery to each coveredperson and the Named Member is authorized by each covered person to accept delivery onthe covered personbehalfECANCELLATION OR NON RENEWAL1 Either party to this Document may cancel or nonrenew this Document by giving noticeof such intent to the other party The notice must be In writing and must be delivered bycertified mall return receipt requested via US Mail to the other party Except for noticeof cancellation or non renewal by the Pool for nonpayment of contributions such noticemust be given not Tess than sixty 60 days prior to the effective date of cancellation2 The Pool may in the Pool s sole discretion permit the Named Member upon theNamed Memberthe Pool nots written request to terminate this Document by givingless than thirty 30 days notice3 Notice of cancellation by the Named Member must be addressed toTexas Association of Counties Risk Management PoolAttn Program AdministrationPO Box 2131Austin Texas 787684 The Pool may cancel or nonrenew this Documentabfor nonpayment of contributions unless other provision for payment has beenmade by express written agreement between the Named Member and the Poolif there is an increase in risk or hazard within the Named Member s controlwhich would result in an increase in the rate or amount of contributioncfor fraud in the obtaining of coveragedefif the Pool is placed in supervision conservatorship receivership and thecancellation is approved or directed by the supervisor conservator or receiverif the Named Member does not implement risk management techniques requiredby the Pool during the initial coverage period or if risk management techniquesdo not result in the Named Member s attaining a risk level sufficient to meet thePool s underwriting criteria during the initial coverage periodif the Interlace Participation Agreement between the parties is terminated or theNamed Member withdraws or is expelled from the PoolTAC RMP AL 11 1 10Page 8 of 14Board Approved 82010


gfor the Named Member s violation of any of the Named Member s otherobligations under the Pool s By Laws or the Interlocal Participation Agreementbetween the Named Member and the Pool5 If the Pool cancels this Document for nonpayment of contributions termination of theInterlocal Participation Agreement between the Pool and the Named Member or theNamed Member s expulsion from the Pool such cancellation shall be effective at12 01 am on the tenth 10 day following the Pool s placement of the notice ofcancellation in the US Mail These Conditions do not waive or alter any other applicableprovisions of the Pool s ByLaws or the Interlocal Participation Agreement between theNamed Member and the Pool6 Notice of cancellation by the Pool may be given to the county judge or presiding officer ofthe Named Member at the Named Member s address shown in the DeclarationsFRETAINED CONTRIBUTION PROPORTIONS1 If this Document is terminated by the Named Member the Pool shall retain thecustomary short rate proportion of the contribution2 If this Document is terminated by or on behalf of the Pool the Pool shall retain thecustomary pro rata proportion of the contributionGCHANGESThis Document the Pool s ByLaws the Interlocal Participation Agreement between the NamedMember and the Pool and the Pool s duly adopted underwriting standards and criteriaconstitute the agreements between the Named Member and the Pool concerning the coverageafforded The Named Member is authorized to make changes in the terms of this Documentonly with consent of the Pool s duly authorized representative The Pool may make changes tothis Document as permitted by the Pool s ByLaws the Interlocal Participation Agreementbetween the Named Member and the Pool andor the laws goveming the creation and operationof the Pool This Document s terms cannot be amended or waived orally Any changes to thePool s ByLaws the Interlocal Participation Agreement between the Pool and the NamedMember or the Pool s underwriting standards or criteria are incorporated hereinHEXAMINATION OF THE NAMED MEMBER S BOOKS AND RECORDSThe Pool may examine and audit the Named Member s books and records as they relate to thisDocument or as may be required for the administration of the PoolINSPECTIONS AND LOSS CONTROLThe Pool has the right but is not obligated to1 Make inspections and surveys at any time2 Make risk management appraisals of the Named Member s operations policiesprocedures vehicles personnel andor facilities3 Require the Named Member to implement and follow risk management procedures ortechniques established by the Pool to reduce risk sufficient to meet the Pool sunderwriting criteria Any inspections surveys reports or requirements relate only to theNamed Member s eligibility for liability coverage and the contribution to be charged TheTAC RMP AL 11 110Page 9of14Board Approved 82010


Pool does not make safety inspections The Pool does not undertake to perform theduty of any person or organization to provide for the health or safety of workers or thepublic nor does the Pool warrant that conditionsaAre safe or healthful orbComply with laws regulations codes or standardsThis condition applies not only to the Pool but also to any rating advisory rate service or similarorganization which makes insurance inspections surveys reports or recommendationsJCONTRIBUTIONS1 All contributions charged for this Document shall be computed in accordance with thePool s rates and rating plans as approved by the Pool s Board of Trustees TheNamed Member agrees to maintain records of all information that the Pool requires forcomputation of contributions and to send copies of such records to the Pool at suchtimes as the Pool reasonably requires2 The Named Member shall pay promptly all contributions or other payments to the Poolat such times and in such manner as shall be established by the Pool s By Laws Anydelinquent payments shall be paid with interest as prescribed by the Pool s By Laws3 The Named Member will be the payee for any return contributions or other payments thePool pays4 If during the coverage period there is a material change in the number or value of autosowned or leased by the Named Member the Named Member shall notify the Pool assoon as possible during the coverage period and the Pool may at its discretion adjustthe contribution for this Document in accordance with the Pool s rates and rating plansas approved by the Pool s Board of Trustees If the eamed contribution thus computedexceeds the advance contribution paid the Named Member shall pay the excess to thePool if less the Pool shall refund or credit to the Named Member the unearned portionpaidKTRANSFER OF THE NAMED MEMBER S RIGHTS AND DUTIES UNDER THIS DOCUMENT1 The Named Member s rights and duties under this Document may not be transferredwithout the Pool s written consent except in the case of death of an individual coveredperson2 If a covered person dies his rights and duties will be transferred to his legalrepresentative but only while acting within the scope of duties as his legal representativeUntil that legal representative is appointed anyone having proper temporary custody ofthe covered personproperty will have his rights and duties but only with respect tothat propertyLDUTIES IN THE EVENT OF ACCIDENT CLAIM SUIT OR LOSS1 In the event of accident claim suit or Toss the Named Member and any coveredperson involved must give the Pool or the Pool s authorized representative promptnotice of the accident or loss IncludeaHow when and where the accident or loss occurredTAC RMP AL 11 1 10Page 10of14Board Approved 820 10


The name and address of all covered persons involved andcTo the extent possible the names and addresses of any injured persons andwitnessesIf the Pool shows that failure to provide notice prejudices the Pool s defense there is noliability coverage for any covered person under this Document2 Additionally the Named Member and any other covered personinvolved mustabcAssume no obligation make nopayment or incur no expense without the Pool sconsent except at the covered personown costImmediately send the Pool copies of any demand notice summons or legalpaper received concerning the claim or suitCooperate with the Pool in the investigation settlement or defense of the claimor suit3 No covered person will without the Pool s written consentabAssume or admit any liability orWaive abridge prejudice or fail to assert any right of sovereign or officialimmunity limitation of liability or other defense to liability for amounts otherwisepayable under this Document4 In connection with any investigation the Pool may make regarding the applicability of thiscoverage for any claim or suit under this Document or the nature or extent of a claim orsuit payable under this Document the covered person agrees to provide any relevantdocuments or records submit to examination under oath at the Pool s request and givethe Pool asigned statement of his or her answers as often as the Pool may reasonablyrequireMLEGAL ACTION AGAINST THE POOLNo one may bring a legal action againstthe Pool under this Document until1 There has been full compliance with all the terms of this Document and2 The amount of the covered personliability has been determined by a fully adversarialtrial orby a written agreement between the covered person the claimant and the Pool3 No one has the right under this Document to bring the Pool into an action to determine acovered personliabilityNTRANSFER OF RIGHTS OF RECOVERY AGAINST ANOTHER TO THE POOLIf any person or organization to or for whom the Pool makes payments under this Document hasrights to recover damages from another those rights are transferred to the Pool That person ororganization must do everything necessary to secure the Pool s rights and must do nothing afteran accident or loss to impair themTAC RMP AL 11 1 10Page 11 of 14Board Approved820 10


OBANKRUPTCYBankruptcy or insolvency of a covered person or the covered personthe Pool of any obligations under this Documentestate will not relievePCONCEALMENT MISREPRESENTATION OR FRAUDThis Document is void in any case of fraud by a covered person relating to it It is also void ifthe Named Member intentionally conceals or misrepresents a material fact concemingthis Documentcovered bythe risksQLIBERALIZATIONIf the Pool changes this Document to provide more coverage without additional contributioncharge the additional coverage will be effective as of the day indicated in the Pool s writtennotice of change to the Named MemberROTHER COVERAGE OR INSURANCE1 For any auto the Named Member owns this Document provides primary liabilitycoverage For any covered auto the Named Member doesn t own the coverageprovided by this Document is excess over any other collectible insurance Howeverwhile an auto which is a trailer is connected to another vehicle the liability coverage thisDocument provides for the trailer isaExcess while it is connected to a motor vehicle the Named Member does notownbPrimary while it is connected to a covered auto the Named Member owns2 When this Document and any other coverage form or policy provides coverage on thesame basis either excess orprimary the Pool will pay only the Pool s share ThePool s share is the proportion that the Limit of Liability of this Document bears to thetotal of the limits of all the coverage forms and policies covering on the same basisSCOVERAGE PERIOD COVERAGE TERRITORYUnder this Document the Pool covers accidents and losses occurring1 During the Coverage Period shown in the Declarations and2 Within the coverage territoryThe coverage territory is1 The United States of America2 The territories and possessions of the United States of America3 Puerto Rico and4 CanadaTAC RMP AL 11 1 10Page 12 of 14Board Approved 820 10


TTWO OR MORE COVERAGE DOCUMENTS ISSUED BY THE POOLIf this Document and any other coverage document issued to the Named Member by the Poolapply to the same accident the aggregate maximum limit of liability under all such coveragedocuments shall not exceed the highest applicable limit of liability under any one coveragedocument This condition does not apply to any coverage document issued by the Poolas excess insurance over this Documentspecifically to applySECTION VDEFINITIONSThe following definitions shall apply wherever used in this DocumentABCDEFGAccident includes continuous or repeated exposure to the same conditions resulting in bodilyInjury or property damageAuto means a land motor vehicle trailer or semitrailer designed for travel on public roads<strong>including</strong> any machinery or apparatus attached thereto but does not include mobileequipmentBodily Injury means bodily Injury sickness or disease sustained by a person <strong>including</strong> deathresulting from any of theseCovered person means any person or organization qualifying as a covered person in the WhoIs Covered provision of this Document Except with respect to the Limit of Liability the coverageafforded applies separately to each covered person who is seeking coverage or against whom aclaim or suit is broughtDocument means all documents comprising this agreement for auto liability coverage betweenthe Pool and the Named Member <strong>including</strong> the Declarations this Auto Liability Coverage Formall other forms and endorsements issued to the Named Member by the PoolLoss means direct and accidental loss or damageMobile equipment means any of the following types of land vehicles <strong>including</strong> any attachedmachinery or equipment1 Bulldozers farm machinery forklifts and other vehicles designed for use principally offpublic roads2 Vehicles maintained for use solely on or next to premises other than roads or streets theNamed Member owns or rents However any land motor vehicle trailer or semi trailerdesigned for travel on public roads <strong>including</strong> any machinery or apparatus attachedthereto owned or leased by the Named Member Is deemed an auto and not mobileequipment if the only reason for considering it mobile equipment is that it is maintainedfor use exclusively on streets or highways owned by the Named Member3 Vehicles that travel on crawler treads4 Vehicles whether self propelled or not maintained primarily to provide mobility topermanently mountedaPower cranes shovels loaders diggers or drills orTAC RMP AL 11 110Page 13of14Board Approved 82010


Road construction or resurfacing equipment such as graders scrapers or rollers5 Vehicles not described in paragraphs 1 2 3 or 4 above that are not selfpropelled andare maintained primarily to provide mobility to permanently attached equipment of thefollowing typesabAir compressors pumps and generators <strong>including</strong> spraying welding buildingcleaning geophysical exploration lighting and well servicing equipment orCherry pickers and similar devices used to raise or lower workers6 Vehicles not described in paragraphs 1 2 3 or 4 above maintained primarily forpurposes other than the transportation of persons or cargo However self propelledvehicles with the following types of permanently attached equipment are not mobileequipment but will be considered autosaEquipment designed primarily for1 Snow removal2 Road maintenance but not construction or resurfacing or3 Street cleaningbCherry pickers and similar devices mounted on automobile or truck chassis andused to raise or lower workers andcAir compressors pumps and generators <strong>including</strong> spraying welding buildingcleaning geophysical exploration lighting or well servicing equipmentHOfficial means any duly elected or appointed official of the Named Member but only while thatperson holds the office for which he or she was elected or appointedProperty damage means physical damage to or loss of use of tangible propertyJKSuit means a civil proceeding in which damages because of personal injury or propertydamage to which this Document applies are alleged Sult includes an arbitration proceedingalleging such damages to which the Named Member must submit or submit with the Pool sconsentVolunteer means a person who is neither an official nor an employee of the Named Memberwho is performing some act or service on behalf of the Named Member at the NamedMember s request within the scope of that request Volunteer does not include independentcontractorsTAC RMP AL 11 1 10Page 14 of 14Board Approved 82010


McLennan <strong>County</strong>GENERAL LIABILITY COVERAGE


TEXAS ASSOCIATION OF COUNTIESRISK MANAGEMENT POOLGENERAL LIABILITY COVERAGE DOCUMENTDECLARATIONSThese Declarations form part of the General Liability Coverage Document between the Texas Association of Counties RiskManagement Pool and the Named Member shown in Item B belowItem A COVERAGE DOCUMENTNO GL 1550 2011 09 30Item B NAMED MEMBER AND ADDRESSMcLennan <strong>County</strong>501 Washington Ave Ste 214Waco TX 76701 1373Item C COVERAGE PERIOD From September 30 2011 to September 30 2012Item D LIMITS OF LIABILITYBodily Injury LiabilityDates under this item are 12 01 AM United StatesCentral TimeEach Person 100 000Each Occurrence 300 000Property Damage LiabilityEach Occurrence 100 000Damage to Premises Rented to the Named Member 50 Personal and Advertising Injury LiabilityPer Person 100 000PerOffense Aggregate 300 000Employee Benefits Liability 100 000Medical Payment Per Person 1000Item E DEDUCTIBLE 10 000Item F TOTAL ANNUAL CONTRIBUTION 94 897Item GNOTICE OF ACCIDENTNotice of an accident or claim <strong>including</strong> service of process is to be delivered immediately to the Pool via the TexasAssociation of Counties Claim Department atTexas Association of CountiesAttn Claims DepartmentPO Box 2131Austin Texas 78768Fax 512 4781426Immediately in addition to any fax transmission transmit the notice of claim and related documents byUS Mail orother delivery service to the above addressItem HItem LNAMED MEMBERS DESIGNATED Risk Management Pool Coordinator Honorable Jim LewisFORMS AND ENDORSEMENTS08G01108 GLThe forms and endorsements comprising this General Liability Coverage Document at issuance areTAGGL 1110GL EBL01DED 01 08This Agreement is issued by 4 U as authorized representative ofthe Pool on September 29 2011 at AustinTexasTAC GL DEC01 08Board Approved 08 29 07 Page 1


GENERAL LIABILITYEmployee Benefits Liability EndorsementThis endorsement modifies the General Liability Coverage Document to which it is attached This changeinception date of the Document unless another date is indicated belowis effective on theSCHEDULECoverage Limit of Coverage Deductible I BasisEmployee Benefits Liability 100 000 1000 each claimIn consideration ofthe Contribution shown in the Declarations and or Schedule the following additional coverage is added1 COVERAGE AGREEMENTa The Pool will pay on behalf of a covered person those sums which the covered person becomes legally obligated to payas damages because of claims made by the Named Member s employees former employees or the beneficiaries or legalrepresentatives thereof to which this endorsement applies because of any wrongful act of the covered person or anyother person for whose acts the covered person is legally liable in the administration of the Named Member s employeebenefits programsb The Pool will have the right and duty to defend or settle any suit seeking those damages However the Pool will havenoduty to defend or settle any suit seeking damages to which this coverage does not apply The Pool maydiscretion investigate any claim or suit But1 The amount the Pool will pay for damages is limited as described in Section 3 Limits of Coverage andDeductibles andat the Pool s2 The Pool s right and duty to defend end when the Pool has used up the applicable limit of coverage in thepayment ofjudgements or settlements3 The Pool will not settle any suit without the Named Member s written consent However if the NamedMember withholds its consent to any settlement recommended by the Pool and elects to contest a claim orcontinue the litigation then the Pool s liabilitywould have been settled plus defense costs incurred up to the date the Named Member withheld consentc This coverage applies only to claimsfor that claim will not exceed the amount for which that claim1 which are first brought against the covered person during the coverage period and2 if at the inception date of this Document the covered person had no knowledge of and could not havereasonably foreseen any circumstances which might result in a claim or suitd No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for hereine The Supplementary Payments provision ofthe General Liability Coverage Form shall also apply to the coverage affordedunder this endorsement2 EXCLUSIONSThis coverage afforded by this endorsement does not applya To any dishonest fraudulent criminal or malicious act libel slander discrimination or humiliationb To bodily injury to or sickness disease or death of any person or to injury to or destruction of any tangible property<strong>including</strong> the loss of use thereofc To any claim for failure ofperformance of contract by any insurerd To any claim based upon the covered personfailure to comply with any law concerning Workers CompensationUnemployment Insurance Social Security or Disability Benefitse To any claim based upon failure of stock to perform as represented by a covered personf To any claim based upon advice given by a covered person to an employee of the Named Member to participateor not toparticipate in stock subscription plansg To any claim based upon any actual or alleged error or omission or breach of duty committed or alleged to have beencommitted by a trustee in the discharge of fiduciary duties obligations or responsibilities imposed by the Federal EmployeeRetirement Income Security Act of 1974TACQL EBL01 08Board Approved 0829 07 Page 1 of 3


3 LIMITS OF COVERAGE AND DEDUCTIBLEa Regardless of the number of persons making claims or the number of covered persons against whom claims are madethe Limit ofCoverage stated in the Declarations and or Schedule is the most the Pool will pay for all damages incurred onaccount ofall claims made during the coverage periodb With respect to the Limits of Coverage under this Endorsement for which a deductible is shown in the Schedule above thePool s obligations to pay amounts and to defend claims or suits shall only apply in excess of the applicable deductiblec All amounts expended by the Pool or with the Pool s consent in defending any claim or suit <strong>including</strong> attorneys feesexpert witness fees litigation expenses and costs ofcourt are includable within the deductible amountd At the Pool s request the Named Member must pay all amounts within the Named Member s deductible before thePool is obligated to pay The Pool may elect but is not obligated to pay all or any part of the deductible stated in thisendorsement to settle a claim or suit If this happens the Named Member must reimburse the Pool for the deductibleorpart of the deductible that the Pool has paid The Poolreimbursement4 CONDITIONSs payment of any deductible amount does not waive its right toThe Conditions of the General Liability Coverage Form apply to this endorsement unless otherwise stated hereina Coverage PeriodCondition 1 COVERAGE PERIOD COVERAGE TERRITORY ofthe General Liability Coverage Fomi is modified asfollowsThis endorsement is effective on the inception date of the Document shown in the Declarations unless a different date isshown below The coverage afforded by this endorsement terminates on the termination date of the Document shown in theDeclarationsb Duties in the Event of a ClaimCondition 2 DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT of the General LiabilityCoverage Form is deleted and replaced by the followingWhen there is a claima the Named Member and any covered person involved must see to it that the Pool is notified as soon as practicableTo the extent possible notice should include1 How when and where wrongful act took place2 The names and addresses of any injured persons and witnesses and3 The nature and location of any injury or damage arising out of the wrongful actb If a demand is received or suit is brought against any covered person the Named Member and the covered personinvolved must1 Immediately record the specifics of the demand or suit and the date received and2 Notify the Pool as soon as practicablec The Named Member and any other involved covered person must1 Immediately send the Pool copies ofthe any demands notices summonses or legal papersreceived in connection with the claim or suit2 Authorize the Pool to obtain records and other information3 Cooperate with the Pool in the investigation or settlement of the claim or defense against the suitand4 Assist the Pool upon the Pool s request in the enforcement of any right against any person ororganization which may be liable to the covered person because of injury or damage to which thiscoverage may also applyd No covered person will except at that covered personown cost voluntarily make a payment assume anyobligation or incur any expense other than for first aid without the Pool s consente No covered person will without the Pool s written consent1 Assume or admit any liability or2 Waive abridge prejudice or fail to assert any right of sovereign or official immunity limitation ofliability or other defense to liability for amounts otherwise payable under this Documentf In connection with any investigation the Pool may make regarding the applicability of this coverage for any claimor suit under this Document or the nature or extent of a claim or suit payable under this Document the NamedMember and covered person involved agree to provide any relevant Documents or records submit to examinationunder oath at the Pool s request and give the Pool a signed statement of his or her answers as often as the Pool mayreasonably requireTACd31JEBL01 08Board Approved 08 29 07 Page 2 of 3


5 DEFINITIONSThe Definitions set forth in the General Liability Coverage Form apply herein unless a different definition is set forth belowThe definitions below apply only to the coverage afforded by this endorsementa Administration means1 giving counsel to employees with respect2 interpreting the Named Member s employee benefits programs3 handlingto the Named Member s employee benefits programsof records in connnection with the Named Member s employee benefits programs or4 effecting enrollment termination or cancellation of employeesemployee benefits programsunder the Named Member sprovided that all such acts of the covered personare authorized by the Named Memberb Claim means any of the following that arise out of the administration of the Named Member s employee benefitsprograms1 A demand against a covered person for money or services or2 the filing of a suit or the initiation of an arbitration proceedingnaming a covered person and seeking damages for any actual or alleged negligent act negligent error ornegligent omissionMore than one claim that arises out of the same act error or omission or the same series of acts errors oromissions will be considered asingle claim and will be included within the earliest claim that arose out ofthat act error or omission or series of acts errors or omissionsc Employee benefits means group life insurance group health insurance profit sharing plans pension plans employee stocksubscription plans employee travel vacation or savings plans workers compensation unemployment insurance socialsecurity and disability benefits insuranced Wrongful act meansany negligent act negligent error or negligent omission by a covered person in the administrationof the Named Member s employee benefits programs but only if the covered person was acting within the scope ofauthority granted by the Named MemberALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement GL EBL Endorsement Effective Date September 30 2011Named Member McLennan <strong>County</strong>Attached to and forming part of CoverageDocument Number GL 1550 2011 09 30TACGL EBL01 08Board Approved08 29 07 Page 3 of 3


GENERAL LIABILITYNuclear Energy Exclusion EndorsementThis endorsement modifies the General Liability Coverage Document to which it is attachedThis change is effective on the inception date of the Document unless another date is indicated belowACoverage does not apply under this Document to bodily injury or property damage1 With respect to which a covered person under this Document is also an insured under anuclear energy liability policy issued by Nuclear Energy Liability Insurance AssociationMutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canadaor any oftheir successors or would be an insured under any such policytermination upon exhaustion of its limit of liability orbut for its2Resulting from the hazardous properties of nuclear material and with respect to whicha any person or organization is required to maintain financial protection pursuant to theAtomic Energy Act of 1954 or any law amendatory thereof or b a covered person isor had this Document not been issued would be entitled to indemnity from the UnitedStates of America or any agency thereof under any agreement entered into by the UnitedStates ofAmerica or any agency thereof with any person or organization3 With respect to bodily injury sustained by any person resulting from thehazardous properties of nuclear material and arising out of the operationfacility by any person or organization4 Resulting from the hazardous properties of nuclear material ifof a nuclearabThe nuclear materiali is at any nuclear facility owned by or operated byor on behalf of a covered person or ii has been discharged or dispersedtherefromThe nuclear material is contained in spent fuel or waste at any timepossessed handled used processed stored transported or disposed of bybehalf of a covered person oror onBcAs used in this endorsementThe bodily injury or property damage arises out of the furnishing by ain connection withcovered person of services materials parts of equipmentthe planning construction maintenance operation or use of any nuclearfacility but if such facility is located within the United States of Americaits territories or possessions or Canada this exclusionc applies only toproperty damage to such nuclear facility and any property thereat1 Hazardous properties include radioactive toxic or explosive properties2 Nuclear material means source material Special nuclear material or byproductmaterial3 Source material special nuclear material and byproduct material have themeanings given them in the Atomic Energy Act of 1954 or in any law amendatorythereof4Spent fuel means any fuel element or fuel component solid or liquidused orexposed to radiation in a nuclear reactorwhich has beenTACGL NUCL01 08Board Approved 08 29 07 Page 1 of 2


5 Waste means any waste material a containing byproduct material other than thetailings or wastes produced by the extraction or concentration of uranium or thoriumfrom any oreprocessed primarily for its source material content and b resulting fromthe operation by any person or organization of any nuclear facilityfirst twoparagraphs of the defmition of nuclear facility6 Nuclear facility meansabcdAny nuclear reactorincluded under theAny equipment or device designed or used for 1 separating the isotopes ofuranium or plutonium 2 processing or utilizing spent fuel or 3 handlingprocessing or packaging wasteAny equipment or device used for the processing fabricating or alloying ofspecial nuclear material if at any tune the total amount of such material in thecustody of a covered person at the premises where such equipmentor deviceis located consists of or contains more than 25 grams of plutonium or uranium233 or any combination thereof or more than 250 grams ofuranium 235Any structure basin excavation premises or place preparedstorage or disposal of wasteor used for theand includes the site on which any of the foregoing is located all operations conductedon such site and all premises used for such operations7 Nuclear reactor means any apparatus designed or used to sustain nuclear fission in aself supporting chain reaction or to contain a critical mass of fissionable material8Property damage includes all forms of radioactive contamination of propertyALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsementGL NUCL Endorsement Effective Date September 30 2011Named Member McLennan <strong>County</strong>Attached to and forming part of CoverageDocument Number GL 1550 2011 09 30TAC OL NUCL01 08Board Approved 08 29 07 Page 2 of 2


GENERAL LIABILITYDeductible EndorsementThis endorsement modifies the General Liability Coverage Document to which it is attached This change is effective on the inceptiondate of the Document unless another date is indicated belowSCHEDULECoverage Basis DeductibleBodily Injury Property Damage and Personal and AdvertisingInjury CombinedPer Occurrence Offense 10 000A The Pool s obligation to pay sums under the General Liability Coverage Form for damages because of bodily injury propertydamage and personal and advertising injury combined resulting from any occurrence or offense or anywhich is also anoffense shall only apply in excess ofthe deductible amount stated in the Declarationsone occurrenceB All amounts expended by the Pool or with the Pool s consent in defending any claim or suit <strong>including</strong> attorneys fees expertwitness fees litigation expenses and costs of court are included within the deductible amountC At the Pool s request the Named Member must payall amounts within the Named Member s deductible before the Pool isobligated to pay The Pool may elect but is not obligated to pay all or any part of the deductible stated in this endorsement tosettle a claim or suit If this happens the Named Member must reimburse the Pool for the deductible or part of the deductiblethat the Pool has paid The Pool s payment of any deductible amount does not waive its right to reimbursementALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsementGL DED Endorsement Effective Date September 30 2011Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number GL 1550 2011 09 30TAC GL DED01 08Board Approved08 29 07 Page 1


14psaoTEXAS ASSOCIATION Of COUNTIESv RISK MANAGEMENT POOLcGeneral Liability Coverage FormTable of ContentsPageSection I Coverages 2A Coverage A Bodily Injury and Property Damage Liability 21 Coverage Agreement 22 Exclusions 3B Coverage B Personal And Advertising Injury Liability 101 Coverage Agreement 102 Exclusions 10C Coverage C Medical Payments 121 Coverage Agreement 122 Exclusions 13D Supplementary Payments Coverages A and B 13Section 11 Who is a Covered Person 15Section III Limits of Coverage 16Section IV General Liability Conditions 17Section V Definitions 25TAC RMPGL 111 10Page 1 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with Its permission


GENERAL LIABILITY COVERAGE FORMThe Texas Association of Counties Risk Management Pool the Pool exists to enable its membersto purchase coverage against liability claims This Is not a contract of insurance but is a Documentevidencing liability coverage pursuant to the provisions of Chapters 791 and 2259 of the TexasGovernment Code and Chapter 119 of the Texas Local Govemment Code Under this Documentpolitical subdivisions create and contribute to the Pool as an alternative to purchasing Insurance fromcommercial insurance markets While this Document is not commercial insurance the Pool s Boardof Trustees has determined that certain firstparty coverages may be offered herein for the purpose ofmitigating or reducing potential liability exposures to the Named MemberVARIOUS PROVISIONS IN THIS DOCUMENT RESTRICT COVERAGE READ THE ENTIREDOCUMENT CAREFULLY TO DETERMINE RIGHTS DUTIES AND WHAT IS AND IS NOTCOVEREDThroughout this Document the words Named Member and Named Member s refer to the govemmentalunit shown as the Named Member in the Declarations The words Pool and Pool s refer to the Poolproviding this coverage The Named Member is wholly responsible for paying the entire Deductibleshown in the Declarations A covered person other than the Named Member has no individualresponsibility for paying any portion of the Deductible and is fully covered for the amount of any liabilitynot in excess of100 000 as referenced in Texas Civil Practices and Remedies Code Section 108 002Words and phrases that appear in boldfaced type have special meaningDEFINITIONSRefer to SECTION VSECTION ICOVERAGESCOVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY1 Coverage AgreementaThe Pool will pay those sums that the covered person becomes legally obligated to payasdamages because of bodily Injury or property damage to which this coverageapplies The Pool will have the right and duty to defend the covered person against anysuit seeking those damages However the Pool will have no duty to defend the coveredperson against any suit seeking damages for bodily injury or property damage towhich this coverage does not apply The Pool may at the Pool s discretion investigateany occurrence and settle any claim or suit that may result But1 The amount the Pool will pay for damages is limited as described in Section IIILimits Of Coverage and2 The Pool s right and duty to defend end when the Pool has used up theapplicable limit of coverage in the payment of judgments or settlements underCoverages A or B or medical expenses under Coverage CNo other obligation or liability to pay sums or perform acts or services is covered unlessexplicitly provided for under Supplementary Payments Coverages A and BbThis coverage applies to bodily injury and property damage only if1 The bodily injury or property damage is caused byplace in the coverage territory andan occurrence that takesTAC RMP GL 11 1 10Page 2of30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with Its permission


2 The bodily injury or property damage occurs during the coverage periodcdThis coverage applies to bodily injury arising out of the condition or use of real propertyonly if that real property is owned rented to or controlled by the Named MemberDamages because of bodily injury include damages claimed by any person ororganization for care Toss of services or death resulting at any time from the bodilyinjury2 ExclusionsThis coverage does not apply toaExpected or Intended InjuryBodily injury or property damage expected or intended from the standpoint of thecovered person This exclusion does not apply to bodily injury resulting from the use ofreasonable force to protect persons or propertybContractual LiabilityBodily injury or property damage for which the covered person is obligated to paydamages by reason of the assumption of liability in a contract or agreement Thisexclusion does not apply to liability for damages1 That the covered person would have in the absence of the contract oragreement or2 Assumed in a contract oragreement that is an insured contract provided thebodily injury or property damage occurs subsequent to the execution of thecontract oragreement Solely for the purposes of liability assumed in an insuredcontract reasonable attorney fees and necessary litigation expenses incurredby or for a party other than a covered person are deemed to be damagesbecause of bodily injury or property damage providedabLiability to such party for or for the cost of that party s defense has alsobeen assumed in the same insured contract andSuch attomey fees and litigation expenses are for defense of that partyagainst a civil or altemative dispute resolution proceeding in whichdamages to which this coverage applies are allegedcLiquor LiabilityBodily injury or property damage for which any covered person may be held liable byreason of1 Causing or contributing to the intoxication of any person2 The furnishing of alcoholic beverages to a person under the legal drinking age orunder the influence of alcohol or3 Any statute ordinance or regulation relating to the sale gift distribution or use ofalcoholic beveragesTAC RMP GL 11 1 10Page 3 of 30Board Approved 12210Includes copyrighted material of insurance Services <strong>Office</strong> Inc with its permission


This exclusion applies only if the covered person is in the business of manufacturingdistributing selling serving or furnishing alcoholic beveragesdWorkers Compensation And Similar LawsAny obligation of the covered person under any workers compensation disabilitybenefits or unemployment compensation law or any similar laweEmployer s LiabilityBodily injury to1 An employee of the covered person arising out of and in the course ofabEmployment by the covered person orPerforming duties related to the conduct of the covered personbusiness or2 The spouse child parent brother or sister of that employee as a consequenceof Paragraph 1 aboveThis exclusion applies1 Whether the covered person may be liable as an employer or in any othercapacity and2 To any obligation to share damages with or repay someone else who must paydamages because of the injuryThis exclusion does not apply to liability assumed by the covered person under aninsured contractfPollution1 Bodily injury or property damage arising out of the actual alleged orthreatened discharge dispersal seepage migration release or escape ofpollutantsaAt or from any premises site or location which is or was at any timeowned or occupied by or rented or loaned to any covered personHowever this subparagraph does not apply to1 Bodily injury if sustained within a building and caused bysmoke fumes vapor or soot from equipment used to heat thatbuildingiiBodily injury or property damage for which the NamedMember may be held liable if it is a contractor and the owner orlessee of such premises site or location has been added to thisDocument as an additional covered person with respect to theNamed Member s ongoing operations performed for thatadditional covered person at that premises site or location andsuch premises site or location is not and never was owned orTAC RMP GL 11 110Page 4 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with its permission


occupied by or rented or loaned to any covered person otherthan that additional covered person or111 Bodily injury or property damage arising out of heat smoke orfumes from a hostile firebcdAt or from any premises site or location which is or was at any time usedby or for any covered person or others for the handling storagedisposal processingor treatment of wasteWhich are or were at any time transported handled stored treateddisposed of or processed as waste by or for any covered person or anyperson or organization for whom the Named Member may be legallyresponsible orAt or from any premises site or location on which any covered personor any contractors or subcontractors working directly or indirectly on anycovered personbehalf are performing operations If the pollutants arebrought on or to the premises site or location in connection with suchoperations by such covered person contractor or subcontractorHowever this subparagraph does not apply toIiiiiiBodily Injury or property damage arising out of the escape offuels lubricants or other operating fluids which are needed toperform the normal electrical hydraulic or mechanical functionsnecessary for the operation of mobile equipment or its parts ifsuch fuels lubricants or other operating fluids escape from avehicle part designed to hold store or receive them Thisexception does not apply if the bodily injury or propertydamage arises out of the Intentional discharge dispersal orrelease of the fuels lubricants or other operating fluids or if suchfuels lubricants or other operating fluids are brought on or to thepremises site or location with the intent that they be dischargeddispersed or released as part of the operations being performedby such covered person contractor or subcontractorBodily injury or property damage sustained within a buildingand caused by the release of gases fumes or vapors frommaterials brought into that building in connection with operationsbeing performed by the Named Member or on the NamedMember s behalf by a contractor or subcontractor orBodily injury or property damage arising out of heat smoke orfumes from a hostile fireeAt or from any premises site or location on which any covered personor any contractors or subcontractors working directly or indirectly on anycovered personbehalf areperforming operations if the operations areto test for monitor clean up remove contain treat detoxify orneutralize or in any way respond to or assess the effects of pollutants2 Any loss cost or expense arising out of anyTAC RMP GL 11 1 10Page 5 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with its permission


abRequest demand order or statutory or regulatory requirement that anycovered person or others test for monitor clean up remove containtreat detoxify or neutralize or in any way respond to or assess theeffects of pollutants orClaim or suit by or on behalf of a governmental authority for damagesbecause of testing for monitoring cleaning up removing containingtreating detoxifying or neutralizing or in any way responding to orassessing the effects of pollutantsHowever this paragraph does not apply to liability for damages because ofproperty damage that the covered person would have in the absence of suchrequest demand order or statutory or regulatory requirement or such claim orsuit by or on behalf of a governmental authoritygAircraft Autos or WatercraftBodily injury or property damage arising out of the ownership maintenance use orentrustment to others of any aircraft auto or watercraft Use includes operation andloading or unloadingThis exclusion does not apply to1 A watercraft while ashore on premises the Named Member owns or rents2 Any watercraft the Named Member owns or rents that is less than 26 feet longand is not being used to carry persons or property for a charge3 Any watercraft less than 26 feet long which the Named Member does not ownor rent but only while being operated by a covered person in the course of hisemployment by or duties for the Named Member4 Parking an auto on or on the ways next to premises the Named Member ownsor rents provided the auto is not owned by or rented or loaned to any coveredperson5 Liability assumed under any insured contract for the ownership maintenance oruse of aircraft or watercraft or6 Bodily injury or property damage arising out of the operation of any of theequipment listed in Paragraphf2 or f3 of the definition of mobile equipmenthMobile EquipmentBodily injury or property damage arising out of1 The transportation of mobile equipment by an auto owned or operated by orrented or loaned to any covered person or2 The use of mobile equipment in or while in practice for or while being preparedfor any prearranged racing speed demolition or stunting activityWarBodily injury or property damage due to war whether or not declared or any act orcondition incident to war War includes civil war insurrection rebellion or revolution Thisexclusion applies only to liability assumed under a contract or agreementTAC RMPGL 11 1 10Page 6 of 30Board Approved 12210Includes copyrighted material of insurance Services <strong>Office</strong> Inc with Its permission


JDamage To PropertyProperty damage to1 Property the covered person owns rents or occupies2 Premises the covered person sells gives away or abandons if the propertydamage arises out of any part of those premises3 Property loaned to the covered person4 Personal property in the care custody or control of a covered person5 That particular part of real property on which the Named Member or anycontractors or subcontractors working directly or indirectly on the NamedMember s behalf are performing operations if the property damage arises outof those operations or6 That particular part of any property that must be restored repaired or replacedbecause your work was incorrectly performed on itParagraphs 1 3 and 4 of this exclusion do not apply to property damage otherthan damage by fire to premises <strong>including</strong> the contents of such premises rented to theNamed Member for a period of 7 or fewer consecutive days A separate limit of coverageapplies to Damage To Premises Rented To The Named Member as described in SectionIII Limits of CoverageParagraph 2 of this exclusion does not apply if the premises are your work and werenever occupied rented or held for rental by the Named MemberParagraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under asidetrack agreementParagraph 6 of this exclusion does not apply to property damage included in theproducts completed operations hazardkDamage to Your ProductProperty damage to your product arising out of it or any part of itDamage to Your WorkProperty damage to your work arising out of it or any part of it and included in theproducts completed operations hazardThis exclusion does not apply if the damaged work or the work out of which the damagearises was performed on the Named Member s behalf by a subcontractormDamage to Impaired Property or Property Not Physically InjuredProperty damage to impaired property or property that has not been physically injuredarising out ofTAC RMP GL 11 110Page 7 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with its permission


1 A defect deficiency inadequacy or dangerous condition in your product or yourwork or2 A delay or failure by the Named Member or anyone acting on the NamedMember s behalf to perform a contract or agreement in accordance with itstermsThis exclusion does not apply to the Toss of use of other property arising out of suddenand accidental physical injury to your product or your work after it has been put to Itsintended usenRecall of Products Work or Impaired PropertyDamages claimed for any loss cost or expense incurred by the Named Member orothers for the loss of use withdrawal recall inspection repair replacement adjustmentremoval or disposal of1 Your product2 Your work or3 Impaired property if such product work or property is withdrawn or recalledfrom the market or from use by any person or organization because of a knownor suspected defect deficiency inadequacy or dangerous condition in ItoPersonal and Advertising InjuryBodily injury arising out of personal and advertising injurypCivil Rights ViolationsBodily injury or property damage liability arising out of any covered personactual ors federal civil rightsalleged violation of another personqLaw Enforcement ActivitiesBodily injury or property damage arising from law enforcement activities Forpurposes of this exdusion law enforcement activities shall mean any law enforcementactivities of the Named Member and the performance by any other covered person ofduties as a peace officer whether on duty or off or as a member of any law enforcementdepartment or agencyThis exclusion does not apply to claims arising out of the condition of real property orimprovements thereon owned or used by the Named Member for its law enforcementactivities This exclusion also does not apply to claims arising out of the provision ofmedical services by a covered person at a jail or other correctional facility operated bythe Named Member but only if the covered person is not a medical doctor or aphysicianassistantTAC RMPGL 11 1 10Page 8 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with its permission


Medical ServicesBodily injury or property damage arising out of any covered personrendering ofor failure to render medical services in any hospital or nursing homeFor purposes of this exclusion hospital has the meaning given in Texas Health SafetyCode 241 003 7For purposes of this exclusion nursing home means a licensed publicwhich Chapter 242 Health and Safety Code appliesinstitution toHowever this exclusion does not apply to any covered person who is not in thebusiness or profession of providing medical servicessOther Professional ServicesBodily injury or property damage arising out of activities of a covered personattomey at law architect engineer or accountant in the scope of their professionalduties as suchas antStatutory ViolationsBodily injury or property damage arising out of any willful violation of statute ordinanceor regulation committed by or with the knowledge or consent of the covered personuStrikes Riots Civil CommotionsBodily injury or property damage arising out claims arising out of strikes riots or civilcommotionsvTaking Condemnation or Possession of PropertyBodily injury or property damage arising out of any taking inverse condemnation oradverse possession of any propertywState ResponsibilityTo any daim liability loss or occurrence for which the State of Texas1 has the responsibility to pay or indemnify or2 asserts a right to defend or3 asserts a right to adjust handle or settleExclusions c through n do not apply to damage by fire to premises while rented to the NamedMember or temporarily occupied by the Named Member with permission of the owner Aseparate limit of coverage applies to this coverage as described in Section IIICoverageLimits ofTAC RMPGL 11110Page 9of30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with Its permission


COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY1 Coverage AgreementaThe Pool will pay those sums that the covered person becomes legally obligated to payas damages because of personal and advertising injury to which this coverageapplies The Pool will have the right and duty to defend the covered person against anysuit seeking those damages However the Pool will have no duty to defend the coveredperson against any suit seeking damages for personal and advertising injury to whichthis coverage does not apply The Pool may at the Pool s discretion investigate anyoffense and settle any claim or suit that may result But1 The amount the Pool will pay for damages is limited as described in Section IIILimits of Coverage and2 The Pool s right and duty to defend end when the Pool has used up theapplicable limit of coverage in the payment of judgments or settlements underCoverages A or B or medical expenses underCoverage CNo other obligation or liability to pay sums or perform acts or services is covered unlessexplicitly provided for under Supplementary Payments Coverages A and BbThis coverage applies to personal and advertising injury caused by an offense arisingout of the Named Member s business but only if the offense was committed in thecoverage territory during the coverage period2 ExclusionsThis coverage does not apply toaPersonal and advertising injury1 Caused by or at the direction of the covered person with the knowledgeact would violate the rights of another and would inflict personal andadvertising injurythat the2 Arising out of oral or written publication of material if done by or at the directionof the covered person with knowledge of its falsity3 Arising out of oral or written publication of material whose first publication tookplace before the beginning of the coverage period4 Arising out of a criminal act committed by or at the direction of any coveredperson5 For which the covered person has assumed liability in a contract or agreementThis exclusion does not apply to liability for damages that the covered personwould have in the absence of the contract or agreement6 Arising out of a breach of contract except an implied contract to use anther sadvertising idea in the Named Member s advertisementTAC RMP GL 11 1 10Page 10 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with Its permission


7 Arising out of the failure of goods products or services to conform with anystatement of quality or performance made in the Named Member sadvertisement8 Arising out of the wrong description of the price of goods products or servicesstated in the Named Member s advertisement9 To another covered person under this Document10 Committed by a covered person whose business is advertising broadcastingpublishing or telecasting However this exclusion does not apply to Paragraphs14a b and c of personal and advertising Injury under the DefinitionsSection or11 Arising out of the actual alleged or threatened discharge dispersal seepagemigration release or escape of pollutants at any timebAny toss cost or expense arising out of any1 Request demand or order that any covered person or others test for monitorclean up remove contain treat detoxify or neutralize or In any way respond toor assess the effects of pollutants or2 Claim or suit by or on behalf of a governmental authority for damages becauseof testing for monitoring cleaning up removing containing treating detoxifyingor neutralizing or in any way responding to or assessing the effects ofpollutantscCivil Rights ViolationsPersonal and advertising injury liability arising out of any covered personactual oralleged violation of another personfederal civil rightsdLaw Enforcement ActivitiesPersonal and advertising injury arising from law enforcement activities Forpurposes of this exclusion law enforcement activities shall mean any law enforcementactivities of the Named Member and the performance by any other covered person ofduties as a peace officer whether on duty or off or as a member of any law enforcementdepartment or agencyeProfessional ServicesPersonal and advertising injury arising out of activities of a covered person as anattomeyatlaw architect engineer accountant physician or other healthcareprofessional in the scope of their professional duties as suchfStatutory ViolationsPersonal and advertising injury arising out of any willful violation of statute ordinanceor regulation committed by or with the knowledge or consent of the covered persongStrikes Riots Civil CommotionsPersonal and advertising injury arisingout of strikes riots or civil commotionsTAC RMPGL 11 1 10Page 11 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with its permission


hTaking Condemnation or Possession of PropertyPersonal and advertising injury arising out of any taking inverse condemnation oradverse possession of any propertyiBreach of ContractPersonal and advertising injury arising out of a covered personbreach of contractBut this exclusion shall not apply to liability that the covered person would have in theabsence of the contractjDishonestyPersonal and advertising injury arising out of claims brought about or contributed to bythe alleged dishonesty of the covered personkState ResponsibilityPersonal and advertising injury arising out of any claim liabilityfor which the State of TexasToss or occurrence1 has the responsibility to pay or indemnify or2 asserts a right to defend or3 asserts a right to adjust handle or settleCOVERAGE CMEDICAL PAYMENTS1 Coverage AgreementaThe Pool will pay medical expenses as described below for bodily injury caused by anaccident1 On premises the Named Member owns or rents2 On ways next to premises the Named Member owns or rents or3 Because of the Named Member s operationsprovided that1 The accident takes place in the coverage territory and during the coverageperiod2 The expenses are incurred and reported to the Pool within one year of the dateof the accident and3 The injured person submits to examination at the Pool s expense by physiciansof the Pool s choice as often as the Pool reasonably requiresTAC RMP GL 11 1 10Page 12 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with Its permission


The Pool will make these payments regardless of fault These paymentsthe applicable limit of coverage The Pool will pay reasonable expenses forwill not exceed1 First aid administered at the time of an accident2 Necessary medical surgicalxray and dental services <strong>including</strong> prostheticdevices and3 Necessary ambulance hospital professional nursing and funeral servicescThe Pool s payment of covered medical expenses under this Coverage does notconstitute an admission of fault or liability by or on behalf of any covered person2 ExclusionsThe Pool will not pay expenses for bodily InjuryaTo any covered personbTo a person hired to do work for or on behalf of any covered person or a tenant of anycovered personcdeTo a person injured on premises the Named Member owns or rents that the personnormally occupiesTo a person whether or not an employee of any covered person if benefits for thebodily Injury are payable or must be provided under a workers compensation ordisability benefits law or a similar lawTo a person injured while taking part In athleticsfghiIncluded within the products completed operations hazardExcluded under Coverage ADue to war whether or not declared or any act or condition incident to war War includescivil war insurrection rebellion or revolutionFor any claim liability loss or occurrence for which the State of Texas1 has the responsibility to pay or indemnify or2 asserts a right to defend or3 asserts a right to adjust handle or settleSUPPLEMENTARY PAYMENTS COVERAGES A AND B1 The Pool will pay with respect to any claim the Pool investigates or settles or arty suit against acovered person the Pool defendsaAll expenses the Pool incursTAC RMPGL 11 110Page 13 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with Its permission


Up to 250 for cost of bail bonds required because of accidents or traffic law violationsarising out of the use of any vehicle to which the Bodily Injury Liability Coverage appliesThe Pool does not have to fumish these bondscdeThe cost of bonds to release attachments but only for bond amounts within theapplicable limit of coverage The Pool does not have to furnish these bondsAll reasonable expenses incurred by the covered person at the Pool s request to assistthe Pool in the investigation or defense of the claim or suit <strong>including</strong> actual loss ofeamings up to 100 a day because of time off from workAll costs taxed against the covered person in the suitfghPre judgment interest awarded against the covered person on that part of the judgmentthe Pool pays If the Pool makes an offer to pay the applicable limit of coverage thePool will not pay any pre judgment interest based on that period of time after the offerAll interest on the full amount of any judgment that accrues after entry of the judgmentand before the Pool has paid offered to pay or deposited in court the part of thejudgment that is within the applicable limit of coverageExpenses incurred by a covered person for first aid to others at the time of anaccident for bodily injury to which this Document appliesThese payments will not reduce the limits of coverage2 If the Pool defends a covered person against a suit and an indemnitee of the covered personis also named as a party to the suit the Pool will defend that indemnitee if all of the followingconditions are metaThe suit against the indemnitee seeks damages for which the covered person hasassumed the liability of the indemnitee in a contract or agreement that is an InsuredcontractbThis coverage applies to such liability assumed by the covered personcThe obligation to defend or the cost of the defense of that indemnitee has also beenassumed by the covered person in the same insured contractdThe allegations in the suit and the information the Pool knows about the occurrence aresuch that no conflict appears to exist between the interests of the covered person andthe interests of the indemniteeeThe indemnitee and the covered person ask the Pool to conduct and control thedefense of that indemnitee against such suit and agree that the Pool can assign thesame counsel to defend the covered person and the indemnitee andfThe indemnitee1 Agrees in writing toaCooperate with the Pool in the investigation settlement or defense of thesuitTAC RMPGL 11 1 10Page 14 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with its permission


cdImmediately send the Pool copies of any demands notices summonsesor legal papers received in connection with the suitNotify any other insurer whose coverage Is available to the indemniteeandCooperate with the Pool with respect to coordinating other applicableinsurance available to the indemnitee and2 Provides the Pool with written authorization toabObtain records and other information related to the suit andConduct and control the defense of the indemnitee in such suitSo long as the above conditions are met attomeys fees Incurred by the Pool in the defense ofthat indemnitee necessary litigation expenses incurred by the Pool and necessary litigationexpenses incurred by the indemnitee at the Pool s request will be paid as SupplementaryPayments Notwithstanding the provisions of Paragraph2b 2 of Section I Coverage A Bodilyinjury and Property Damage Liability such payments will not be deemed to be damages forbodily injury and property damage and will not reduce the limits of coverageThe Pool s obligation to defend a covered personindemnitee and to pay for attomeys feesand necessary litigation expenses as Supplementary Payments ends whenabThe Pool has used up the applicable limit of coverage in the payment of Judgments orsettlements orThe conditions set forth above or the terms of the agreement described in Paragraph fabove are no longer metSECTION IIWHO IS A COVERED PERSONEach of the following is a covered person1 The Named Member2 The Named Member s officials employees and volunteers but only for acts within the scopeof their employment by the Named Member or while performing duties related to the conduct ofthe Named Member s business However none of these officials employeesor volunteers isa covered person foraBodily Injury or personal and advertising Injury1 To the Named Member or another of its officials employees or volunteers2 To the spouse child parent brother or sister of that other official employee orvolunteer as a consequence of Paragraph a 1 aboveTAC RMP GL 11 1 10Page 16 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with its permission


3 For which there is any obligation to share damages with or repay someone elsewho must pay damages because of the injury described in Paragraphs a 1 ora 2 above orbProperty damage to property1 Owned occupied or used by2 Rented to in the care custody or control of or over which physical control isbeing exercised for any purpose by the Named Member or any of its officialsemployees or volunteers3 Any person or organization having proper temporary custody of the covered personproperty ifthe covered person dies but onlyaWith respect to liability arising out of the maintenance or use of that property andbUntil the covered personlegal representative has been appointed4 The covered personlegal representative if the covered person dies but only with respect toduties as such That representative will have all the covered personrights and duties underthis coverage form5 With respect to mobile equipment registered in the Named Member s name under any motorvehide registration law any person is a covered person while driving such equipment along apublic highway with the Named Member s permission Any other person or organizationresponsible for the conduct of such person is also a covered person but only with respect toliability arising out of the operation of the equipment and only if no other insurance of any kind isavailable to that personororganization for this liability However no person or organization is acovered person with respect toabBodily Injury to a co employee of the person driving the equipment orProperty Damage to property owned by rented to in the charge of or occupied by theNamed Member its officials employees or volunteers or the employer of any personwho is a covered person under this provisionSECTION IIILIMITS OF COVERAGE1 The Limits of Coverage shown in the Declarations and the rules below fix the most the Pool willpay regardless of the number ofaCovered personsbClaims made or sults brought orcPersons or organizations making claims or bringing sults2 The Bodily Injury Each Person Limit is the most the Pool will pay as damages for bodily injurysustained by any one person for any single occurrenceTAC RMPGL 11 110Page 16 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with its permission


3 Subject to 2 above the Bodily Injury Each Occurrence Limit is the most the Pool will pay asdamages for bodily injury sustained by all persons as the result of a single occurrence4 The Property Damage Each Occurrence Limit is the most the Pool will pay as damages forproperty damage sustained by all persons as the result of a single occurrence5 The Damage to Premises Rented to the Named Member Limit is the most the Pool will pay underCoverage A for damages because of property damage to any one premises while rented to theNamed Member or in the case of damage by fire while rented to the Named Member ortemporarily occupied by the Named Member with permission of the owner6 The Personal and Advertising Injury Limit is the most the Pool will pay under Coveragesum of all damages because of all personal and advertising injury sustained by any oneB for theperson or organization This limit is subject to the aggregate per offense limit described in 7below7 The Personal and Advertising Injury per offense Aggregate Limit is the most the Pool will payunder coverage B as total damages for all personal and advertising injury sustained by allpersons as a result of a single offense8 The Medical Expense Limit is the most the Pool will pay under Coverage C for all medicalexpenses because of bodily injury sustained by any one person provided however that in noevent shall the Pool s liability under Coverage C for all persons injured as the result of a singleoccurrence exceed the Bodily Injury Each Occurrence Limit for Coverage A stated in theDeclarationsThe Limits of Coverage of this Coverage Part apply separately to each consecutive annual coverageperiod and to any remaining period of less than 12 months starting with the beginning of the coverageperiod shown In the Declarations unless the coverage period is extended after issuance for anadditional period of less than 12 months In that case the additional period will be deemed part of the lastpreceding coverage period for purposes of determining the Limits of CoverageSECTION IVGENERAL LIABILITY CONDITIONSThis General Liability Coverage Form and unless otherwise indicated thereinall other forms andendorsements forming a part of this Document are subject to the following Conditions1 COVERAGE PERIOD COVERAGE TERRITORYUnder this Document the Pool covers occurrences occurringabDuring the Coverage Period shown In the Declarations andWithin the coverage territoryThe coverage territory isaThe United States of AmericabThe territories and possessions of the United States of AmericaTAC RMPGL 11110Page 17 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with Its permission


cPuerto Rico anddCanadaeInternational waters or airspace provided the injury or damage does not occur in thecourse of travel or transportation to or from any place not included in14 above orfAll parts of the world if1 The injury or damage arises out ofabGoods or products made or sold by the Named Member In the territorydescribed in a above orThe activities of a covered person whose home is In the territorydescribed in a above but is away for a short time on the NamedMember s business and2 The covered personresponsibility to pay damages is determined in a suit onthe merits in the territory described in 14 above or in a settlement the Poolagrees to2 DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUITathe Named Member and any covered person Involved must see to it that the Pool isnotified as soon as practicable of an occurrence or an offense which may result in aclaim To the extent possible notice should include1 How when and where the occurrence or offense took place2 The names and addresses of any injured persons and witnesses and3 The nature and location of any injury or damage arising out of the occurrence oroffensebIf a claim is made or suit is brought against any covered person the Named Memberand the covered person involved must1 Immediately record the specifics of the claim or suit and the date received and2 Notify the Pool as soon as practicableThe Named Member must see to it that the Pool receives written notice of the claim orsuit as soon as practicablecThe Named Member and any other involved covered person must1 Immediately send the Pool copies of any demands notices summonses or legalpapers received in connection with the claim or suit2 Authorize the Pool to obtain records and other Information3 Cooperate with the Pool in the investigationor settlement of the claim or defenseagainst the suit andTAC RMPGL 11 110Page 18 of 30Board Approved 12210Includes copyrighted material of insurance Services <strong>Office</strong> Inc with Its permission


4 Assist the Pool upon the Pool s request in the enforcement of any right againstany person or organization which may be liable to the covered person becauseof injury or damage to which this coverage may also applydNo covered person will except at that covered personown cost voluntarily make apayment assume any obligation or incur any expense other than for first aid without thePool s consenteNo covered person will without the Pool s written consent1 Assume or admit any liability or2 Waive abridge prejudice or fail to assert any right of sovereign or officialimmunity limitation of liability or other defense to liability for amountsotherwise payable under this DocumentfIn connection with any Investigation the Pool may make regarding the applicability ofthis coverage for any claim or suit under this Document or the nature or extent of aclaim or suit payable under this Document the Named Member and coveredperson involved agree to provide any relevant documents or records submit toexamination under oath at the Pool s request and give the Pool a signedhis or her answers as often as the Pool may reasonably requirestatement of3 BANKRUPTCYBankruptcy or insolvency of a covered person or the covered personestate will not relievethe Pool of any obligations under this Document4 LEGAL ACTION AGAINST THE POOLaNo one may bring a legal action against the Pool under this Document until1 There has been full compliance with all the terms of this Document and2 The amount of the covered personliability has been determined by finaljudgment pursuant to a fully adversarial trial or by an agreed settlement andrelease of liability signed by the Pool the covered person and the claimantor the claimant s legal representativebA person or organization may sue the Pool to recover on such a judgment or agreedsettlement but the Pool will not be liable for damages that are not payable under theterms of this Document or that are in excess of the applicable limit of coveragecNo one has the right under this Document to bring the Pool into an action todetermine a covered persons liability5 TRANSFER OF THE NAMED MEMBER S RIGHTS AND DUTIES UNDER THIS DOCUMENTaThe Named Member s rights and duties under this Document may not be transferredwithout the Pool s written consent except in the case of death of an individual coveredpersonTAC RMPGL 11 1 10Page 19 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with its permission


If a covered person dies his rights and duties will be transferred to his legalrepresentative but only while acting within the scope of duties as his legal representativeUntil that legal representative is appointed anyone having proper temporary custody ofthe covered personproperty will have his rights and duties but only with respect tothat property6 TRANSFER OF RIGHTS OF RECOVERY AGAINST ANOTHER TO THE POOLIf any person or organization to or for whom the Pool makes payments under this Documenthas rights to recover damages from another those rights are transferred to the Pool Thatperson or organization must do everything necessary to secure the Pool s rights and must donothing after an accident or Toss to impair them7 DELIVERY OF THIS DOCUMENTDelivery of this Document to the Named Member shall be considered delivery to each coveredperson and the Named Member is authorized by each covered person to accept delivery onthe covered personbehalf8 CONTRIBUTIONSaAll contributions charged for this Document shall be computed in accordance with thePool s rates and rating plans as approved by the Pool s Board of Trustees TheNamed Member agrees to maintain records of all information that the Pool requires forcomputation of contributions and to send copies of such records to the Pool at suchtimes as the Pool reasonably requiresbcThe Named Member shall pay promptly all contributions or other payments to the Poolat such times and in such manner as shall be established by the Pool s By Laws Anydelinquent payments shall be paid with interest as prescribed by the Pool s ByLawsThe Named Member will be the payee for any retum contributions or other payments thePool paysdIf during the coverage period there is a material change in the Named Member soperations premises owned or other risks or hazards covered by this Document theNamed Member shall notify the Pool as soon as possible during the coverage periodand the Pool may at its discretion adjust the contribution for this Document inaccordance with the Pool s rates and rating plans as approved by the Pool s Board ofTrustees If the eamed contribution thus computed exceeds the advance contributionpaid the Named Member shall pay the excess to the Pool if less the Pool shall refundor credit to the Named Member the unearned portion paid9 CANCELLATION OR NON RENEWALaEither party to this Document may cancel or nonrenew this Document by giving noticeof such intent to the other party The notice must be in writing and must be delivered bycertified mail return receipt requested via US Mail to the other party Except for noticeof cancellation or non renewal by the Pool for nonpayment of contributions such noticemust be given not less than sixty 60 days prior to the effective date of cancellationbThe Pool may in the Pool s sole discretion permit the Named Member upon theNamed Member s written request to terminate this Document by giving the Pool notless than thirty 30 days noticeTAC RMPGL 11 1 10Page 20 of 30Board Approved 12Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with its permission


cNotice of cancellation by the Named Member must be addressed toTexas Association of Counties Risk Management PoolAttn Program AdministrationPO Box 2131Austin Texas 78768dThe Pool may cancel or nonrenew this Document1 for nonpayment of contributions unless other provision for payment has beenmade by express written agreement between the Named Member and the Pool2 if there is an increase in risk or hazard within the Named Member s controlwhich would result in an increase in the rate or amount of contribution3 for fraud in the obtaining of coverage4 if the Pool is placed in supervision conservatorship receivership and thecancellation is approved or directed by the supervisor conservator or receiver5 if the Named Member does not implement risk management techniques requiredby the Pool during the initial coverage period or if risk management techniquesdo not result in the Named Member s attaining a risk level sufficient to meet thePool s underwriting criteria during the initial coverage period6 if the Interlocal Participation Agreement between the parties is terminated or theNamed Member withdraws or is expelled from the Pool7 for the Named Member s violation of any of the Named Member s otherobligations under the Pool s ByLaws or the Interlocal Participation Agreementbetween the Named Member and the PooleIf the Pool cancels this Document for nonpayment of contributions termination of theInterlocal Participation Agreement between the Pool and the Named Member or theNamed Member s expulsion from the Pool such cancellation shall be effective at 12 01am on the tenth 10 day following the Pool s placementthe US Mall These Conditions do not waive or after any other applicable provisions ofthe Pool sBy Laws or the Interlocal Participation Agreement between the NamedMember and the Poolof the notice of cancellation infNotice of cancellation by the Pool may be given to the county judge or presiding officer ofthe Named Member at the Named Member s address shown in the Declarations10 RETAINED CONTRIBUTION PROPORTIONSabIf this Document is terminated by the Named Member the Pool shall retain thecustomary short rate proportion of the contributionIf this Document is terminated by or on behalf of the Pool the Pool shall retain thecustomary prorata proportion of the contributionTAC RMP GL 11 110Page 21 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with its permission


11 CHANGESThis Document the Pool s ByLaws the Interlocal Participation Agreement between the NamedMember and the Pool and the Pool sduly adopted underwriting standards and criteriaconstitute the agreements between the Named Member and the Pool conceming the coverageafforded The Named Member is authorized to make changes in the terms of this Documentonly with consent of the Pool s dulyauthorized representative The Pool may make changes tothis Document as permitted by the Pool s ByLaws the Interlocal Participation Agreementbetween the Named Member and the Pool and or the laws governing the creation and operationof the Pool This Document s terms cannot be amended or waived orally Any changes to thePool s ByLaws the Interlocal Participation Agreement between the Pool and the NamedMember or the Pool s underwriting standards or criteria are incorporated herein12 LIBERALIZATIONIf the Pool changes this Document to provide more coverage without additional premiumcharge the additional coverage will be effective as of the day indicated in the Pool s writtennotice of change to the Named Member13 EXAMINATION OF THE NAMED MEMBER S BOOKS AND RECORDSs books and records as theyThe Pool may examine and audit the Named MemberDocument or as may be required for the administration of the Poolrelate to this14 INSPECTIONS AND LOSS CONTROLThe Pool has the right but is not obligated toaMake inspections and surveys at any timebMake risk management appraisals of the Named Member s operations policiesprocedures vehicles personnel and or facilitiescRequire the Named Member to implement and follow risk management procedures ortechniques established by the Pool to reduce risk sufficient to meet the Pool sunderwriting criteria Any inspections surveys reports or requirements relate only to theNamed Member s eligibility for liability coverage and the contribution to be charged ThePool does not make safety Inspections The Pool does not undertake to perform theduty of any person or organization to provide for the health or safety of workers or thepublic nor does the Pool warrant that conditions1 Are safe or healthful or2 Comply with laws regulations codes or standardsThis condition applies not only to the Pool but also to any rating advisory rate service or similarorganization which makes insurance inspections surveys reports or recommendationsTAC RMP GL 11 1 10Page 22 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with Its permission


15 OTHER INSURANCE OR COVERAGEIf other valid and collectible insurance or liability coverage is available to the covered person fora loss the Pool covers under Coverages A or B of this Document the Pool s obligations arelimited as followsaPrimary CoverageThis coverage is primary except when b below applies If this coverage Is primary thePool s obligations are not affected unless any of the other insurance or coverage is alsoprimary Then the Pool will share with all that other insurance by the method describedin c belowbExcess CoverageThis coverage is excess over1 Any of the other insurance whether primary excess contingent or on any otherbasisabcdThat is Fire Extended Coverage Builder s Risk Installation Risk orsimilar coverage for your workThat is Fire insurance for premises rented to the Named Member ortemporarily occupied by the Named Member with permission of theownerThat is insurance purchased by the Named Member to cover theNamed Member s liability as a tenant for property damage to premisesrented to the Named Member or temporarily occupied by the NamedMember with permission of the owner orIf the Toss arises out of the maintenance or use of aircraft autos orwatercraft to the extent not subject to Exclusion g of Section ICoverage A Bodily injury And Property damage Liability2 Any other primary insurance or coverage available to the Named Membercovering liability for damages arising out of the premises or operations for whichthe Named Member has been added as an additional insured or coveredperson by attachment of an endorsementWhen this coverage is excess the Pool will have no duty under Coverages A or B todefend the covered person against any suit if any other insurer has a duty to defend thecovered person against that suit If no other insurer defends the Pool will undertake todo so but the Pool will be entitled to the covered personrights against all those otherinsurersWhen this coverage is excess over other insurance the Pool will pay onlyshare of the amount of the loss if any that exceeds the sum ofthe Pool s1 The total amount that all such other insurance would pay for the loss in theabsence of this insurance andTAC RMPGL 11 1 10Page 23 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with Its permission


2 The total of all deductible and self insured amounts under all that otherinsuranceThe Pool will share the remaining Toss if any with any other insurance that is notdescribed in this Excess Coverage provision and was not bought specifically to apply inexcess of the Limits of Coverage shown in the Declarations of this Coverage PartcMethod Of SharingIf all of the other insurance permits contribution by equal shares the Pool will follow thismethod also Under this approach each the Pool and each insurer contributes equalamounts until they have paid their applicable limit of coverage and or insurance or noneof the loss remains whichever comes firstIf any of the other insurance does not permit contribution by equal shares the Pool willcontribute by limits Under this method each insurershare is based on the ratio of itsapplicable limit of insurance or coverage to the total applicable limits of insurance andcoverage of all insurers16 TWO OR MORE COVERAGE DOCUMENTS ISSUED BY THE POOLIf this Document and any other coverage document issued to the Named Member by thePool apply to the same accident the aggregate maximum limit of liability under all suchcoverage documents shall not exceed the highest applicable limit of liability under any onecoverage document This condition does not apply to any coverage document issued by thePool specifically to apply as excess Insurance over this Document17 SEPARATION OF COVERED PERSONSExcept with respect to the Limits of Coverage and any rights or duties specifically assigned inthis Coverage Part to the first Named Member this coverage appliesaAs if each covered person were the only covered person andbSeparately to each covered person against whom claim Is made or sult is brought18 APPLICATION AND DECLARATIONSBy acceptance of this Document the Named Member agrees that the statements in theApplication and Declarations are the Named Member s agreements and representations thatthis Document is issued in reliance upon the truth of such representations and that thisDocument the Pool s ByLaws the Interlocal Participation Agreement between the NamedMember and the Pool and the Pool s duly adopted underwriting standards and criteria embodyall agreements existing between the Named Member and the Pool or any of the Pool s agentsrelating to this Document19 COMPLIANCE WITH CONDITIONSIf any covered person breaches any condition or warranty of this Document there shall be nocoverage <strong>including</strong> any obligation to defend for any covered person as to the particularaccident or action in connection with which such breach occurredTAG RMPGL 11110Page 24 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with Its permission


20 CONCEALMENT MISREPRESENTATION OR FRAUDThis Document is void in any case of fraud by a covered person relating to it It is also void ifthe Named Member intentionally conceals or misrepresents a material fact concerning therisks covered by this Document21 UNINTENTIONAL FAILURE TO DISCLOSEIt Is agreed that the Named Member s failure to disclose all hazards existing as of the inceptiondate of this Document shall not prejudice a covered person with respect to the coverageafforded by this Document if such failure or omission was not intentionalSECTION VDEFINITIONS1 Advertisement means a notice that is broadcast orpublished to the general public or specificmarket segments about the Named Member s goods products or services for the purpose ofattracting customers or supporters2 Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads<strong>including</strong> any attached machinery or equipment But auto does not include mobile equipment3 Bodily injury means bodily injury sickness or disease sustained by a person <strong>including</strong> deathresulting from any of these at any time4 Covered person means any person or organization qualifying as a covered person in theWho Is Covered provision of this Document Except with respect to the Limit of Liability thecoverage afforded applies separately to each covered person who is seeking coverage oragainst whom a claim or suit is brought5 Document means all documents comprising this agreement for general liability coveragebetween the Pool and the Named Member <strong>including</strong> the Declarations this General LiabilityCoverage Form all other forms and endorsements issued to the Named Member by the Pool6 Employee includes a leased worker Employee does not include a temporary worker7 Hostile fire means one which becomes uncontrollable or breaks out from where it was intendedto be8 Impaired property means tangible property other than your productor your work that cannotbe used or is less useful becauseaIt incorporates your product or your work that is known or thought to be defectivedeficient inadequate or dangerous orbthe Named Member has failed to fulfill the terms of a contract or agreementproperty can be restored to use byif such1 The repair replacement adjustment or removal of your product or your workor2 The Named Member s fulfilling the terms of the contract or agreementTAC RMPGL 11 1 10Page 25of30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with Its permission


9 Insured contract meansabcdA contract for a lease of premises However that portion of the contract for a lease ofpremises that indemnifies any person or organization for damage by fire to premiseswhile rented to the Named Member or temporarily occupied by the Named Member withpermission of the owner is not an insured contractA sidetrack agreementAny easement or license agreement except in connection with construction or demolitionoperationson or within 50 feet of a railroadAn obligation as required by ordinance to indemnify a municipality except in connectionwith work for a municipalityeAn elevator maintenance agreementfThat part of any other contract or agreement pertaining to the Named Member sbusiness <strong>including</strong> an indemnification of a municipality in connection with workperformed for a municipality under which the Named Member assumes the tort liabilityof another party to pay for bodily injury or property damage to a third person ororganization Tort liability means a liability that would be imposed by law in the absenceof any contract or agreementParagraph f does not include that part of any contract or agreement1 That indemnifies a railroad for bodily Injury or property damage arising out ofconstruction or demolition operations within 50 feet of any railroad property andaffecting any railroad bridge or trestle tracks roadbeds tunnel underpassorcrossing2 That indemnifies an architect engineer or surveyor for injury or damage arisingout ofabPreparing approving or failing to prepare or approve maps shopdrawings opinions reports surveysdrawings and specifications orfield orders change orders orGiving directions or instructions or failing to give them if that is theprimary cause of the injury or damage or3 Under which the covered person if an architect engineer or surveyor assumesliability for an injury or damage arising out of the covered personrendering orfailure to render professional services <strong>including</strong> those listed in 2 above andsupervisory inspectlon architectural or engineering activities10 Leased worker means aperson leased to the Named Member by a labor leasing firm under anagreement between the Named Member and the labor leasing firm to perform duties related tothe conduct of the Named Member s business Leased worker does not include atemporaryworkerTAC RMP GL 11 1 10Page 26of30Board Approved 12210includes copyrighted material of Insurance Services <strong>Office</strong> Inc with Its permission


11 Loading or unloading means the handling of propertyaAfter it is moved from the place where it is accepted for movement into or onto an aircraftwatercraft or autobcWhile it is in or on an aircraft watercraft or auto orWhile It is being moved from an aircraft watercraft or auto to the place where it is finallydelivered but loading or unloading does not include the movement of property bymeans of a mechanical device other than a hand truck that is not attached to theaircraft watercraft or auto12 Medical services meansaany medical surgical psychiatric psychological dental xray nursing therapeuticemergency medical or other similar services or treatmentsbcthe prescription dispensation or furnishing of food beverages drugs therapies ormedical dental or surgical supplies equipment or appliances in connection therewith oractions by administrative personnel involving the hiring credentialing trainingscheduling discipline firing or other supervision of persons rendering medical servicesas described In 12 a and 12 b above13 Mobile equipment means any of the following types of land vehicles <strong>including</strong> any attachedmachinery or equipmentabcdBulldozers farm machinery forklifts and other vehicles designed for use principally offpublic roadsVehicles maintained for use solely on or next to premises the Named Member owns orrents However any land motor vehicle trailer or seml traller designed for travel onpublic roads <strong>including</strong> any machinery or apparatus attached thereto owned or leased bythe Named Member is deemed an auto and not mobile equipment if the only reason forconsidering it mobile equipment is that it is maintained for use exclusivelyon streets orhighways owned by the Named MemberVehicles that travel on crawler treadsVehicles whether self propelled or not maintained primarily to provide mobility topermanently mounted1 Power cranes shovels loaders diggers or drills or2 Road construction or resurfacing equipment such as graders scrapersor rollerseVehicles not described In a b c or d above that are not self propelled and aremaintained primarily to provide mobility to permanently attached equipment of thefollowing types1 Air compressors pumps and generators <strong>including</strong> spraying welding buildingcleaning geophysical exploration lighting and well servicing equipment or2 Cherry pickers and similar devices used to raise or lower workersTAC RMPGL 11 1 10Page 27 of 30Board Approved 12210Includes copyrighted material of Insurance Services <strong>Office</strong> Inc with its permission


fVehicles not described in a b c or d above maintained primarily for purposes otherthan the transportation of persons or cargoHowever selfpropelled vehicles with the following types of permanently attachedequipment are not mobile equipment but will be considered autos1 Equipment designed primarily forabcSnow removalRoad maintenance but not construction or resurfacing orStreet cleaning2 Cherry pickers and similar devices mounted on automobile or truck chassis andused to raise or lower workers and3 Air compressors pumps and generators <strong>including</strong> spraying welding buildingcleaning geophysical exploration lighting and well servicing equipment14 Occurrence means an accident <strong>including</strong> continuous or repeated exposure to substantially thesame general harmful conditions15 Official means any duly elected or appointed official of the Named Member but only whilethat person holds the office for which he or she was elected or appointed16 Personal and advertising injury means injury <strong>including</strong> consequential bodily Injury arising outof one or more of the following offensesaFalse arrest detention or imprisonmentbMalicious prosecutioncThe wrongful eviction from wrongful entry into or invasion of the right of privateoccupancy of a room dwelling or premises that a person occupies committed bybehalf of its owner landlord or lessoror ondefgOral or written publication of material that slanders or libels a person or organization ordisparages a personor organization s goods products or servicesOral or written publication of material that violates a personright of privacyThe use of another s advertising idea in the Named Member s advertisement orInfringing upon another s copyright trade dress or sloganadvertisementIn the Named Member s17 Pollutants mean any solid liquid gaseous or thermal irritant or contaminant <strong>including</strong> smokevapor soot fumes acids alkalis chemicals and waste Waste includes materials to be recycledreconditioned or reclaimedTAC RMP GL 11 1 10Page 28 of 30Board Approved 12Includes copyrighted material of insurance Services <strong>Office</strong> Inc with its permission


18 Products completed operations hazardaIncludes all bodily injury and property damage occurring away from premises theNamed Member owns or rents and arising out of your product or your work except1 Products that are still in the Named Member s physical possession or2 Work that has not yet been completed or abandoned However your work willbe deemed completed at the earliest of the following timesabcWhen all of the work called for In the Named Member s contract hasbeen completedWhen all of the work to be done at the job site has been completed If theNamed Member s contract calls for work at more than onejob siteWhen that part of the work done at a Job site has been put to its intendeduse by any person or organization other than another contractor orsubcontractor working on the same projectWork that may need service maintenance correction repair or replacement but which isotherwise complete will be treated as completedbDoes not include bodily injury or property damage arising out of1 The transportation of property unless the Injury or damage arises out of acondition In or on a vehicle not owned or operated by the Named Member andthat condition was created by the loading or unloading of that vehicle by anycovered person2 The existence of tools uninstalled equipment or abandoned or unused materialsor3 Products or operations for which the classification listed in the Declarations or ina schedule states that products completed operations are subject to the GeneralAggregate Limit19 Property damage meansaPhysical injury to tangible property <strong>including</strong> all resulting loss of use of that property Allsuch loss of use shall be deemed to occur at the time of the physical Injury that caused itorbLoss of use of tangible property that is not physically injured All such loss of use shall bedeemed to occur at the time of the occurrence that caused it20 Suit means a civil proceeding in which damages because of bodily Injury property damage orpersonal and advertising injury to which this coverage applies are alleged Suit includesabAn arbitration proceeding in which such damages are claimed and to which the coveredperson must submit or does submit with the Pool consent orAny other altemative dispute resolution proceeding in which such damages are claimedand to which the covered person submits with the Pool s consentTAC RMP GL 11 1 10Page 29 of 30Board Approved 12210Includes copyrighted material of insurance Services <strong>Office</strong> Inc with its permission


21 Temporary worker means a person who is furnished to the Named Member to substitute for apermanent employee on leave or to meet seasonal or shortterm workload conditions22 Volunteer means aperson who is neither an official nor an employee of the Named Membersome act or service on behalf of the Named Member at the Namedbut who is performingMember s request within the scope of that request and in furtherance of the NamedMember s business Volunteer does not include independent contractors23 Your product meansaAny goods or products other than real property manufactured sold handled distributedor disposed of by1 the Named Member2 Others trading under the Named Member s name or3 A person or organization whose business or assets the Named Member hasacquired andbContainers other than vehicles materials parts or equipment fumished in connectionwith such goods or productsYour product includesabWarranties or representations made at any time with respect to the fitness qualitydurability performance or use of your product andThe providing of or failure to provide warnings or instructionsYour product does not include vending machines or other property rented to or located for theuse of others but not sold24 Your work meansabWork or operations performed bybehalf andthe Named Member or on the Named Member sMaterials parts or equipment furnished in connection with such work or operationsYour work includesabWarranties or representations made at any time with respect to the fitness qualitydurability performance or use of your work andThe providing of or failure to provide warnings or instructionsTAC RMP GL 11 110Page 30 of 30Board Approved 12210Includes copyrighted material of insurance Services <strong>Office</strong> Inc with its permission


McLennan <strong>County</strong>PUBLIC OFFICIALSLIABILITY COVERAGE


TEXAS ASSOCIATION OF COUNTIESRISK MANAGEMENT POOLPUBLIC OFFICIALS LIABILITY COVERAGEDECLARATIONSThese Declarations form part of CoverageDocument Number PO 1550 2011 09 30Item A1 NAMED MEMBER McLennan <strong>County</strong>2 ADDRESS 501 Washington Ave Ste 214Waco TX 76701 1373Item B 1 COVERAGE DOCUMENT PERIOD From September 30 2011 to September 30 20122 RETROACTIVE DATE November 06 1989Dates under this Item are 1201AM United States Central Standard TimeItem C LIMITS OF LIABILITY1 For the sum of DAMAGES arising out of each CLAIM first made during the COVERAGE DOCUMENTPERIOD20002 AGGREGATE2000plus CPOL CC Endorsement1000plus CPOL CC Endorsement1000Item D DEDUCTIBLEPer claimItem E CONTRIBUTION 193 551For the sum of DAMAGES and CLAIMS EXPENSES arising out of each CLAIM firstmade during the COVERAGE DOCUMENT PERIOD 10 000Item F NOTICE OF CLAIM <strong>including</strong> service of process if any is to be delivered immediately to the POOL viathe Texas Association of Counties Claims DepartmentTexas Association of CountiesAttention CLAIMSP O Box 2131Austin Texas 78768FAX Number 512 4781426Immediately in addition to any fax transmission transmit by U S mail or other delivery service the noticeof claim and related documents to the above addressItem G MEMBER S DESIGNATED POOL COORDINATOR Honorable Jim Lewis Pool CoordinatorItem H FORMS AND ENDORSEMENTSForm Numbers orDesignations of Endorsements attached at issuanceTAC PO 1110 CPOLCM06 08 CPOL CA 1110CPOL PDEA01 08 CPOL CC01 08 CPOL CC0108 CPOL BW01 08 CPOL DA 1110 CPOL DJ09This Agreement is issued byt 142114 as authorized representative of the Pool on September 29 2011at Austin Texask vTAC PO DEC 01 08Board Approved08 29 07 Page 1


PUBLIC OFFICIALS LIABILITYConcerningAmendatory EndorsementCriminal and Malicious Acts and OmissionsFor NAMED MEMBERS with Public Officials Liability Coverage This endorsement changesPART IV EXCLUSIONA7 and amends PART II DEFINITION L of the COVERAGEDOCUMENTIt is hereby agreed and understood that solely within and conditioned upon the LIMIT OFLIABILITY OF THIS ENDORSEMENT set forth below that PART IV EXCLUSIONA7 isamended and nowprovidesas followsAPART IVEXCLUSIONSThis COVERAGE DOCUMENT does not apply to CLAIMS arising out of in whole or inpart directly or indirectly or arising in concurrent cause with the following7 Malicious or criminal acts or omissions of any MEMBER notwithstanding theforegoing the POOL will aprovide defense under the terms of this COVERAGEDOCUMENT for the NAMED MEMBER and any MEMBER sued in his or herOFFICIAL CAPACITY only as defined under PART II DEFINITIONL in anyCLAIM or lawsuit arising or resulting from a malicious or criminal act or omission byany MEMBERThis limited duty to defend is the POOLS sole obligationThe POOL has noduty hereunder to indemnify any MEMBER for sums MEMBERbecomes legally obligated to pay as DAMAGES All CLAIMS aagainst MEMBER forDAMAGES arising from any malicious or criminal acts or omissions of any MEMBERarespecificallyexduded from this endorsementunder this endorsementALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement CPOL CM Endorsement Effective Date September 30 2011Endorsement Retroactive Date November 06 1989Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number PO 1550 2011 09 30TAC PO 06 08Board Approved06 12 08 Pagel of 2


LIMIT OF LIABILITY OF THIS ENDORSEMENTthat the POOL S LIMIT OF LIABILITY under this endorsementIt is understood and agreedduring the COVERAGE DOCUMENT PERIOD shall not exceed 50 000 per CLAIM and100 000 AGGREGATE This LIMIT OF LIABILITY is apart of and not in addition to theLIMITS OF LIABILITY as set forth in Item C of the Declarations Nothing contained hereinshall be construed to increase or differ from the LIMITS OF LIABILITY set forth in theDedarationsIt is also agreed and understood that PART II DEFINITION L is amended as followsL OFFICIAL CAPACITYPART II DEFINITIONSas used herein shall meanonly those functions and responsibilitiesthat come within the scope of performance of MEMBER for or on behalf of the NAMEDMEMBER As used in PART IV EXCLUSIONA7 a suit anagainst individual MEMBER inhis or her OFFICIAL CAPACITY does not include CLAIMS aagainst MEMBER which seekto onimpose personal liability the MEMBER for actions he or she takes under color of statelawALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement CPOLCM Endorsement Effective Date September 30 2011Endorsement Retroactive Date November 06 1989Named Member McLennan <strong>County</strong>Attached to and forming part of CoverageDocument Number PO 1550 2011 09 30TAC PO06 08Board Approved06 12 08 Page 2 of 2


PUBLIC OFFICIALS LIABILITYPunitive Damages EndorsementOptionA Within LIMITS OF LIABILITYAdding coverage for punitive or exemplary damages subject to the existing LIMITS OFLIABILITY by amending the definition of DAMAGES in the COVERAGE DOCUMENTIn consideration of the contribution paid to the POOL it is hereby agreed and understoodsolely within and conditioned upon the limit of liability of this endorsement set forth belowthat PART II paragraph F DAMAGES is amended to delete the following wordspunitive or exemplary damagesLIMIT OF LIABILITY OF THIS ENDORSEMENTIt is understood andagreed that the limit of liability of the POOL for punitive or exemplarydamages under this endorsement shall not exceed 1000This limit of liability is part ofand not in addition to the LIMITS OF LIABILITY as set forth in Item C of the DeclarationsNothingcontained herein shall be construed to increase or differ from the LIMITS OFLIABILITY set forth in the DeclarationsALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement CPOL PDEA Endorsement Effective Date September 30 2011Endorsement Retroactive Date November 06 1989Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number P015502011 09 30TACmo OrosBoard Approved829 07


PUBLIC OFFICIALS LIABILITY<strong>County</strong> Clerk Errors and Omissions EndorsementPer Texas Local Government Code Section82 003In consideration of the contribution paid to the POOL it is hereby agreed and understood that solely withrespect to CLAIMS brought against the MEMBERS listed below that Part IV EXCLUSIONS Paragraph B isamended to add the following languagenor shall this exclusion apply to CLAIMS by the NAMED MEMBER against the following specificindividuals<strong>County</strong> ClerkJack A HarwellDeputy Clerk sDana GerickKristian D TynesKimberly A RichterDenise M HerreraPaula T JonesIrene B BridgesSharon MontignyDelores IngeConnie A SchulzeBeatrice R MartinezManual LiendoKelly L HalewynKelly FullbrightCeleste E WhisnantRobbie K DaileyPamela SaucedoGari ThrashPatricia A DeLeonGilda F BushJo Ellen M KohlShaylene D LanglotzRachael S DrokeTessa S SlovakMary P AllenErica ZavalaCoverage under this endorsement applies with respect to the individuals named above and any replacements orsuccessors in office and to deputy clerks as may be addedLIMIT OF LIABILITY OF THIS ENDORSEMENTThe limit of liability pertaining solely to the coverage afforded through this endorsement shall be 1000per claim and 1000aggregateThis limit of liability does not increase the LIMITS OF LIABILITY as set forth inItem C 1 of the DeclarationsAttached to and forming part of CoverageDocument Number PO 1550 2011 09 30TAC PO 108Board Approved829 07 1 of 2


However this limit of liability is in addition to the LIMITS OF LIABILITY as set forth inItem C 2 of the DeclarationsALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement CPOL CC Endorsement Effective Date September 30 2011Endorsement Retroactive Date November 06 1989Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number PO 1550 2011 09 30TACIPO 108Board Approved829 07 2 of 2


1 UBLIC OFFICIALS LIABILITYDistrict Clerk Errors and Omissions EndorsementPer Texas Government Code Section51 302 cIn consideration of the contribution paid to the POOL it is hereby agreed and understood that solely withrespect to CLAIMS brought against the MEMBERS listed below that Part IV EXCLUSIONS paragraph B isamended to add the following languagenor shall this exclusion apply to CLAIMS by the NAMED MEMBER against the following specificindividualsDistrict ClerkKaren C MatkinDeputy Clerk s Ashley AlexanderElizabeth A HenagerRoberta G HubbardMary E BailiJessica SchraderMaxine O BartonDiane G CastanedaJessica L MoltzerSherri L AtterberryRhonda L PavlasKaren A ThompsonChristal MynarJudith L GrippLaura J HigginsAmanda L ThompsonJill SmithShelia B HollowayRoberta L JewellRose M BrysonMarilyn D TynesYvonne L RobersonJason T SchlemmerDeeanna M AyresSuzanne BoundsAttached to and forming part of Coverage Document Number PO 1550 2011 09 30mom 108Board Approved B29 07


Coverage under this endorsement applies with respect to the individuals named above and anyreplacements or successors in office and to deputy clerks as may be addedLIMIT OF LIABILITY OF THIS ENDORSEMENTThe limit of liability pertaining solely to the coverage afforded through1000per claim and1000aggregatethis endorsement shall beThis limit of liability does not increase the LIMITS OF LIABILITY as set forth inItem C 1 of the DedarationsHowever this limit of liabilityItem C 2 of the Dedarationsis in addition to the LIMITS OF LIABILITY as set forth inALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement CPOL DC Endorsement Effective Date September 30 2011Named Member McLennan <strong>County</strong>Endorsement Retroactive Date November 06 1989Attached to and forming part ofCoverageTACmo108Board Approved 829 07Document Number PO 1550 201109 30


PUBLIC OFFICIALS LIABILITYBack Wages EndorsementWithin LIMITS OF LIABILITYAdding coverage for back wages subject to the existing LIMITS OF LIABILITY by amending thedefinition of DAMAGES in the COVERAGE DOCUMENTIn consideration of the contribution paid to the POOL it is hereby agreed and understood solely withinand conditioned upon the limit of liability of this endorsement set forth below that PART II paragraph FDAMAGES is amended to delete the following wordsback wagesLIMIT OF LIABILITY OF THIS ENDORSEMENTIt is understood and agreed that the limit of liability of the POOL for back wages under this endorsementshall be25 000 per claim and 25 000 aggregate This limit of liability is a part of and not in addition tothe LIMITS OF LIABILITY as set forth in Item C of the Declarations Nothing contained herein shall beconstrued to increase or differ from the LIMITS OF LIABILITY set forth in the DeclarationsALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement CPOLJBW Endorsement Effective Date September 30 2011Endorsement Retroactive Date January 01 2000Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number PO 1550 2011 09 30TAGPO01 08Board Approved 08 29 07


PUBLIC OFFICIALS LIABILITYAmendatory EndorsementDistrict AttorneyIn consideration of the contribution paid to the POOL it is hereby agreed subjectOF LIABILITY OF THIS ENDORSEMENT below that the followingCOVERAGE DOCUMENTto the LIMITSamendments are made to thePart IIDefinitions I Member is amended to add the followingThe district attorney whose designated jurisdiction includes the NAMED MEMBER county is aMEMBER but only when acting in his prosecutorial or other statutory official capacityNAMED MEMBER countywithin suchPart IV Exclusions Paragraph A4 is amended for the purpose of applicationonly to delete the following wordsmalicious prosecutionof this endorsementPart WExclusions is amended by this endorsement only to add the following new Paragraph CC This COVERAGE DOCUMENT issubject to the following exceptionsto the exclusions in Part IV1 The following exdusions provided in Part IV shall not apply for purposes of constitutingorsupporting elements of claims for malicious prosecution against the district attorney anassistant district attorney or an employee of the district attorney dishonesty bad faith duties infurtherance of orsupervision of law enforcement pursuits or activities and malicious or criminalacts or omissions2 The exdusion for malicious prosecution provided in Part IV paragraph A 4 shall not apply toa claim for malicious prosecution against a district attorney an assistant district attorney or anyother employee of the district attorneyTAGPODA 11 10Board Approved 082010


LIMITS OF LIABILITY OF THIS ENDORSEMENTIt is understood and agreed that the limit of liability of the POOL pertaining solely to the coverageafforded to a district attorney for malicious prosecution under this endorsement shall be 500 000per daim and 1000aggregate This limit of liability is a part of and not in addition to theLIMITS OF LIABILITY as set forth in Item C of the DeclarationsThe limit of liability pertaining to the coverage afforded to a district attorney for any malicious prosecutionItem C of the Declarations This limit of liability is a part of and not in addition to the LIMITS OFact other thanunder this endorsement shall be within the LIMITS OF LIABILITY shown inLIABILITY as set forth in Item C of the DedarationsThe limit of liability pertaining to the coverage afforded to an assistant district attorneyor otheremployee of the district attorney shall be within the LIMITS OF LIABILITY shown in Item C of theDeclarations This limit of liability is a part of and not in addition to the LIMITS OF LIABILITY as setforth in Item C of the DeclarationsALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement CPOL DA Endorsement Effective Date September 30 2011Named Member McLennan <strong>County</strong>Endorsement Retroactive Date September 30 2000Attached to and forming part of Coverage Document Number PO 1550 2011 09 30TACIPO DA11 10Board Approved 082010


ioP660C4 eraNTEXAS ASSOCIATION of COUNTIES1 e RISK MANAGEMENT POOLRenewalApplication forPublic Officials Professional Liability CoverageClaims Made B asisfyou have questions regardmg completion Phis application please contact us at18004565974 Facsimile Line1512 478 1426 orEmailMeru TACPools@county org Pkaureturnthis completed applimtionto Thuds Associationof Counties Risk Management PoolP OBox 2131 Austin 7txas 78768 Cencial information IName of Political Subdivisione C itot44mil 2Address No Street or P OBox 214 N 4th Street Suite 100 citystate zip wanf Ps 76701 ContactName Theresa ClemonsE mailAddress ternClemons @COmClennan tx Us TelephoneNumber 254 757 5156Fax Number 254 757 51573Population of county or applicant spolitical subdivision 233 378 Source 2009 Census4Coverage Anniversary Date September 30 2011 CoverageInformation 5Total numberof applicantsemployees RR9Full time <strong>including</strong> elected officials 49 Part timeall others except full time 1 Volunteers 6Astaih v this tomp1etedapPli 4atlQn j IELATEST0DIITED F ANCIAISTATEMENT7List in the space below all boards commissions authoritiesor other units operating under the jurisdiction ofthe county or political subdivision and within an apportionment of its total operating budget Please indicatewhich units presently carry their own Public Officials Liability Insurance Ifno such units are in operation indicate here N ABoardCommission Authority <strong>Budget</strong> Carries Separate Insurance NOTEListing under this question does not ensure coverage such coverage being limitedto the terms and definitionsofthe coverage document TACRMP PO APP RENEWAL 09109


Coverage Information8 Provide details of any general liability policy which may provide coverage for the applicanta Carrier TAC Effective Date Limits of Liabilityb Does coverage include Discrimination Yes Noc Does coverage include Personal Injury Yes Nod Does coverage include Public Officials as additional insureds Yes Noe If the applicant does not carry General Liability Insurance or Coverage state the self insuredretention and limit of liability of the excess insurance for the self insurance programIf there is no self insurance program indicate here9 The basic coverage excludes punitive damages or exemplary damages However this coverage can be addedbyendorsement for an additional contributionNOTE Your current coveragedoes not include endorsement for punitive or exemplary damagesis endorsed to include punitive or exemplary damages for the limit of50 000 100 000 or 1000AND it isIncluded within the limits of liability orin addition to the limits of liabilityVOR RENEWAL do you wish to include endorsement for punitive or exemplary damages X Yes NoIF YES a Advise limit desired 50 000 100 000 or X1000andb Advise if you desire this limit X included within the limits of liability orin addition to the limits of liability10 The basic coverage excludes the operations of airports and hospitals However these operations can be added byendorsement for an additional contribution Thiscoverage is only available when the applicant Is a countyNOTE Your current coverage does 7 does not include endorsement for AirportdoesV does not include endorsement for Hospital4bR7RENEWALCOKERAGE do you wish to include coverage forAirport Yes X No If YES complete and attach the Airport Supplementalong with the airport s financial statementsHospital Yes X No If YES complete and attach the Hospital Supplementalong with the hospitalfinancial statementsII Erfors and Omissions coverage for the <strong>County</strong> Clerk andor District Clerk can be added by endorsement for an additionalcontribution Coverage can be provided for <strong>County</strong> Clerks per Section 82 003 of the Texas Local Government Code and forDistrict Clerks per Section51 302 c of the Texas Government Code The amount of coverage required by these statutes is basedupon the maximum amount of fees collected in any year during the term of office preceding the term for which the coveragebe obtained This coverage is only available when the applicant is a countyis toNOTE Your current coveragedoes does not include endorsement for <strong>County</strong> Clerk with a limit of DOO WDOdoes does not include endorsement for District Clerk with a limit of 6O DLOFiiF RENEWAL COVERAGEdoyou wish to include coverage for <strong>County</strong> Clerk X Yes NoDistrict Clerk X Yes NoIF YES provide the followinga If current coverage is not with TAC a copy of the expiring policy s Declarations Page or provideCarrier name TAC Expiring Coverage Limit and Premiumb Completed <strong>County</strong> District Clerk Supplement listing current Clerks and Deputy Clerksc Year Amount of <strong>County</strong> Fees Collected Limit of Liability Required4<strong>County</strong> Clerk 2010 1703 24 1000District Clerk 2f110 842 472 38 1000TAC RMP PO APP RENEWAL 09M rc4 5 r s voe Prsim a tuCru e y s r


NAME POSITION ELECTED COUNTY OFFICIALJames H Lewis <strong>County</strong> Judge Elected <strong>County</strong> OfficialKelly Snell CommissionerPrecinct 1 Elected <strong>County</strong> OfficialLester Gibson Commissioner Precinct 2 Elected <strong>County</strong> OfficialJoseph a Mashek Commissioner Precinct 3 Elected <strong>County</strong> OfficialAndrew Perry CommissionerPrecinct 4 Elected <strong>County</strong> OfficialEldrige M Freeman Judge Court at Law No 1 Elected <strong>County</strong> OfficialBradley Cates Judge Court at Law No 2 Elected <strong>County</strong> OfficialJA Andy Harwell <strong>County</strong> Clerk Elected <strong>County</strong> OfficialKaren C Matkin District Clerk Elected <strong>County</strong> OfficialAbelino Reyna Criminal District Attorney Elected <strong>County</strong> OfficialDanny Volcik <strong>County</strong> Treasurer Elected <strong>County</strong> OfficialArthur F Skeen <strong>County</strong> Tax Assessor Collector Elected <strong>County</strong> OfficialLarry Lynch <strong>County</strong> Sheriff Elected <strong>County</strong> OfficialKristi DeCluitt Precinct 1 Place 1 Justice of the PeaceWilliam D Martin III Precinct 1 Place 2 Justice of the PeaceBelinda B Summers Precinct 2 Mart Justice of the PeaceDavid W Pareya Precinct 3 West Justice of the PeaceBarbara Rusling Precinct 4 China Spring Justice of the PeacePat Richardson Precinct 5 McGregor Justice of the PeaceErma J Laster Precinct 7 Justice of the PeaceFemando Villarreal Precinct 8 Justice of the PeaceClyde T Bailey Precinct 1 Waco ConstableDanny Tate Precinct 2 Mart ConstableDavid A Mater Precinct 3 West ConstableLarry Eschenburg Precinct 4 China Spring ConstableStan Hickey Precinct 5 McGregor ConstableJohn Johnson Precinct 7 ConstableFreddie Cantu Precinct 8 ConstableRalph T Strother 19th District Court JudgeMatthew E Johnson 54th District Court JudgeGary Coley 74th District Court JudgeJim Meyer 170th District Court JudgeVicki L Menard 414th District Court JudgeHerman E Kelly <strong>Personnel</strong> DepartMent DirectorSam Sykora Maintenance of Buildings Maintenance EngineerWayne Canaday Maintenance of Equipment TechnicianSharon K Payne Bonding <strong>Office</strong> DirectorKen Bass Purchasing Department DirectorStanley Chambers <strong>County</strong> Auditor <strong>County</strong> AuditorRobert Wasson Information Technology Dept DirectorAdam Harry <strong>Budget</strong> <strong>Office</strong> <strong>Budget</strong> <strong>Office</strong>rBobby Campos Juvenile Probation Chief Probation <strong>Office</strong>rEva Cruz <strong>County</strong> Welfare Department DirectorShane McLellan Agricultural Extension Service Extension AgentKathy Van Wolfe Elections Administration Elections AdministratorStephen T Hendrick <strong>County</strong> Engineer <strong>County</strong> EngineerWilliam Seigman Adult Probation Department Director


FpssaCo9KzTEXAS ASSOCIATION Of COUNTIESRISK MANAGEMENT POOLIndividual Claim Data ReportINSTRUCTIONS FOR COMPLETIONThis form is to be completed by the applicant regarding any claim or suit during the past five 5 years orany facts circumstances acts errors or omissions of which the applicant is aware which may give rise to a claimCOMPLETE ONE FORM FOR EACH SUCH CLAIM OR CIRCUMSTANCE Please photocopy this blank reportClaim Date Reports are requiredPlease attach aseparate sheet if space is Insufficient to answer any question fullyALL questions must be answered completelyPlease print or typeif additional IndividualI Legal Name of Public Entity2 Full name ofindividual s involved or named in the claim3 Full name of claimant s4 Indicate whether Claim Suit Incident5 Date of alleged6 Additional defendants if anyerror Date of Claim7 IF CLOSED Total Loss Paid <strong>including</strong> DeductibleLegal Expenses Paid8 IF PENDINGClaimant s settlement demandAmounts PaId to Date for Loss ExpensesAmounts Reserved for Loss ExpensesDeductible AmountDefendant s offer of settlementIf claim is in suit indicate amount asked in summons9 Insurer Name if any10 Description of claim Provide enough information to allow evaluation attaching a separate sheet if necessarya Alleged act error or omission upon which claimant bases claimb Description of the type and extent of injury or damage allegedly sustainedIunderstand information submitted herein becomes a part of the proposal and is subject to the same warrantyand conditionsSignature<strong>County</strong> Judge or presiding official of the political subdivisionDateTAC RMP Po and LE CLAIM DATA REPORT 108Board Approved 829 07O


PUBLIC OFFICIALS LIABILITYAmendatory Endorsement<strong>County</strong> Attorney Malicious ProsecutionIn consideration of the contribution paid to the POOL it is hereby agreed subject to the LIMITS OFLIABILITY OF THIS ENDORSEMENT below that the following amendments are made to the COVERAGEDOCUMENTPart IVwordsExclusions Paragraph A4 is amended by this endorsement only to delete the followingmalicious prosecutionPart IVExclusions is amended by this endorsement only to add the following new Paragraph CC This COVERAGE DOCUMENT is subject to the following exceptions1 The following exclusions provided in Part IV shall not apply for purposes of constituting orto the exclusions in Part IVsupporting elements of claims for malicious prosecution against the county attomey dishonestybad faith duties in furtherance of orsupervision of law enforcement pursuits or activities andmalicious or criminal acts or omissions2 The exclusion for malicious prosecution provided in Part IV paragraph A 4 shall not apply to aclaim for malicious prosecution against a county attorneyLIMITS OF LIABILITY OF THIS ENDORSEMENTThe limit of liability pertaining solely to the coverage afforded to a county attorney for maliciousprosecution under this endorsement shall be 500 000 per daim and1000in the aggregate Thislimit of liability is a part of and not in addition to the LIMITS OF LIABILITY as set forth in Item C ofthe Declarations Nothing contained in this endorsement shall be construed to increase or differ fromthe LIMITS OF LIABILITY set forth in the DedarationsALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement CPOL CA Endorsement Effective Date September 30 2011Named Member McLennan <strong>County</strong>Endorsement Retroactive Date November 06 1989Attached to and forming part ofCoverage Document Number PO 1550 2011 09 30TAC PO CA 1110Board Approved 0820 10


PUBLIC OFFICIALS LIABILITYAmendatory EndorsementDistrict JudgeIn consideration of the contribution paid to the POOL it is hereby agreed and understood that thefollowing amendments are made to the COVERAGE DOCUMENTPart IIDefinitions I Member is amended to add the followingA district judge whose designated jurisdiction includes the NAMED MEMBER county is a MEMBERbut only when acting in a judicial capacity concerning a case filed in the jurisdiction of the NAMEDMEMBER or when acting concerning administrative matters of either the NAMED MEMBER or aJuvenile Board that serves the NAMED MEMBERConditions is amended to add the followingQ No duty to defend shall exist for CLAIMS in which the State of Texas determines that it will defendMEMBER but the POOL will defend MEMBER if MEMBER requests a defense from the State andthe State declines to provide a defensePart VR No duty to pay or indemnifyresponsibility to pay or indemnifysettle on behalf of MEMBERshall exist for CLAIMS in which the State of Texas has thenor for which the State of Texas determines to defend member orS No governmental or official immunities are waived except by Act of the Texas LegislatureLIMIT OF LIABILITY OF THIS ENDORSEMENTIt is understood and agreed that the limit of liability of the POOL under this endorsement is a part ofand not in addition to the LIMITS OF LIABILITY as set forth in Item C of the Declarations Nothingcontained herein shall be construed to increase or differ from the LIMITS OF LIABILITY set forth inthe DeclarationsALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement CPOL DJ Endorsement Effective Date September 30 2011Endorsement Retroactive Date November I0 2005Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number 1550 2011 09 30TAC PO DJ09Board Approved06 05 09


IBe oocovsltsTEXAS ASSOCIATIQN Of COUNTIESRISK MANAGEMENT POOLPublic Officials Liability<strong>County</strong> District Clerk SupplementIn order for the <strong>County</strong>District Clerics and their deputies to be listed correctly on your coverage documents please complete thelisting belowCOUNTY CLERK SDEPUTY CLERK SSee AttachedDISTRICT CLERK SDEPUTY CLERK STAC RMP PO CCIDC SUPP


DISTRICT CLERK1 Roberson Yvonne L Chief Deputy2 Bounds Suzanne Chief Deputy3 Holloway Shelia BDeputyDistrict Clerk4 Bryson Rose M Deputy District Clerk5 Jewell Roberta L Deputy District Clerk6 Mynar Christal Deputy District Clerk7 Tynes Marilyn D Deputy District Clerk8 Smith Jill Deputy District Clerk9 Thompson Amanda L Deputy District Clerk10 Higgins Laura J Deputy District Clerk11 Gripp Judith L Deputy District Clerk12 Alexander Ashley A Deputy District Clerk13 Atterberry Sheri L Deputy District Clerk14 Henager Elizabeth Deputy District Clerk15 Hubbard Roberta G Deputy District Clerk16 Balli Mary E Deputy District Clerk17 Schrader Jessica LDeputy District Clerk18 Schlemmer Jason TDeputy District Clerk19 Barton Maxine ODeputyDistrict Clerk20 Castaneda Diane G Deputy District Clerk21 Moltzer Jessica L Deputy District Clerk22 Ayres Deeanna M Deputy District Clerk23 Pavlas Rhonda LDeputy District Clerk24 Thompson Karen ADeputy District Clerk25 Matkin Karen C Elected Official


COUNTYCLERKRECORDING DEPARTMENT1 Inge Delores ChiefDeputy2 Tynes Kristian D Deputy <strong>County</strong> Clerk3 Richter Kimberly A Deputy <strong>County</strong> ClerkLA Herrera Denise M Deputy <strong>County</strong> ClerkV Jones Paula T Deputy <strong>County</strong> ClerkBridges Irene BDeputy <strong>County</strong> ClerkV1 rake Racha5 Deputy <strong>County</strong> Clerk8 Montingy Sharon Y Deputy <strong>County</strong> ClerkSchulze Connie ADeputy <strong>County</strong> ClerktAt Martinez Beatrice R Deputy <strong>County</strong> Clerk1 Liendo Manual Deputy <strong>County</strong> Clerk142 Harwell Jack A Elected Official


COUNTYCLERK COURT DEPARTMENT1 ush Gilda F Chief Deputy2 4llbright Kelly J Deputy <strong>County</strong> Clerk3 Halewyn Kelly L Deputy <strong>County</strong> Clerk4 1P ana M Deputy <strong>County</strong> Clerk5 i iailey Robbie K Deputy <strong>County</strong> Clerk6 sAaucedo Pamela L Deputy <strong>County</strong> Clerk7 thrash Gari A Deputy <strong>County</strong> Clerk8t8 Tessa S Deputy <strong>County</strong> Clerk9 Allen Mary P Deputy <strong>County</strong> Clerk10 Vf eLeon Patricia A Deputy <strong>County</strong> Clerk113avala EricaDeputy <strong>County</strong> Clerk12 Aohl Jo Ellen M Deputy <strong>County</strong> Clerk13 anglotz Shaylene D Deputy <strong>County</strong> Clerk14 Whisnant Celeste E Deputy <strong>County</strong> Clerk


12 Limited coverage for the District Attorney whose jurisdiction includes the applicant county can be added by endorsementfor an additional contribution This limited coverage is only available when the applicant is a countyNOTE Your current coveragedoes not include endorsement for the District Attorneyendorsed to include District AttorneyFOR RENEWALCOVERAGE do you wish to include endorsement for District Attorney X Yes No13 Limited coverage for the District Judge whose jurisdiction includes the applicant county can be added by endorsementfor an additional contribution This limited coverage is only available when the applicant is a countyNOTE Your current coveragedoes not include endorsement for the District Judges endorsed to include District JudgeFOR do you wish to include endorsement for District Judge X Yes No14 The basic coverage excludes back wages However this coveragecan be added by endorsement for anadditional annual contribution of 500 for the following minimum limits Back Wages 25 000 Each Claim25 000 Annual AggregateNOTE Your current coveragedoes not include endorsement for back wagesis endorsed to include back wagesEORRENEwAL COVERAGE do you wish to include endorsement for back wages X Yes No15 If the county takes someoneproperty restricts his right to pursue a certain business or otherwise frustrates his right to use hisproperty as he sees fit the county may be sued for a takings claim The basic Public Officials Liability coverage excludes takingsclaims However coverage that provides for a defense but notIndemnity for takings claims can be added by endorsement for anadditional annual contribution of 500 for the following limits 50 000 Each Claim50 000 Aggregate per Coverage Document PeriodNOTE Your current coverage does not include endorsement for takingsIs endorsed to include takingsThis limited coverage is only available when applicant is acountyFOR RENEWAL COVERAGE do you wish to include endorsement for taking claims Yes B No16 Have any of the following occurred during the last year which have not otherwise been reported to the Texas Association ofCounties Government Risk Management PoolaImproper or alleged publicly or privately wrongful granting or refusal to grant zoning changes orvariances building permits or similar grants Yes X NobWrongful or alleged publicly or privately wrongful approval or disapproval of building plansdesigns or specificationsYesXNoc Wrongful or alleged publicly or privately wrongful approval of building construction plans or bids Yes X NodefWrongful or alleged publicly or privately wrongful treatment regarding employees hiring pay benefitsor other compensation or working conditions or other terms of employment Yes X NoDisputes or allegations publicly or privately involving integration segregation discriminationor violation of civil rights Yes X NoAny grand jury investigations recall proceedings indictments of public officials or any proceedings underwayorcontemplated for removal from office of any public official Yes X Nog Any publicly or privately alleged misapplication misuse ormisappropriation of public funds Yes X NoIF YES to anprovide details by attachment of a completed Individual Claim Data Report for each omitting references which aresubject to an attorneyclient or other privilege or contain personal details which are not public informationTAC RMP PO APP RENEWAL 09


1017 Have youoranymibei of your staff become aware of or have any knowledge whatsoever of any circumstancesoccurrencesfa cts or ev w ich ar Ukely to be a basis of a claim either now or in the future which have not be enindicated ugder ajove Question 16X Yes NoIF YES have all of these been reported to TAC Claims DepartmentX Yes NoIF NO please explain below and provide details by attaching a completed individual Claim Data ReportOther InformationThe questions in this application seek information from applicant which may be used by the Pool in processing the orapplicationinassessing coverage needs of political subdivisions The questions posed or any wording of the application should not and may not berelied upon by applicant as having an implication that there exists coverage for any particular claim or class of claims whenever madeThe provisions of coverage are located In the issued Coverage Document Including Declarations and any endorsements providedto acovered political subdivisionIWE accept notice that any coverage which may be issued will apply on a CLAIMS MADE BASIS and that any failure to answer anyto the termsapplication portion or question fully and accurately compromises coverage provided by the Pool to the applicant pursuantof the Coverage DocumSignatureouy Judge or presiding official e the political subdivisionTitle <strong>County</strong> Judge Datea941SIGNING THIS FORM DOES NOT BIND THE APPLICANT POLITICAL SUBDIVISION OR THE POOL TO COMPLETE THE COVERAGEApplication must be signed and dated by the <strong>County</strong> Judge or applicable presiding official to be considered for quotationCOVERAGES AVAILABLE THROUGH THE TEXAS ASSOCIATION OF COUNTIESAutomobile Physical DamageCrimePropertyAutomobile LiabilityGeneral LiabilityLaw Enforcement LiabilityPublic Officials LiabilityWorkers CompensationUnemployment FundGroup HealthPLEASE SEND THIS APPLICATION TOTEXAS ASSOCIATION OF COUNTIES RISK MANAGEMENT POOLPO BOX 2131AUSTIN TEXAS 78768TEXAS WATTS 800 4565974FAX 512 4781426www county org0TAC RMP PO APP RENEWAL 09


PBB QoCOII1aTEXAS ASSOCIATION Of COUNTIESRISK MANAGEMENT POOLPUBLIC OFFICIALS LIABILITYCOVERAGE DOCUMENTTable of ContentsPagePART I COVERAGE AGREEMENT AND CLAIMS MADE CLAUSE 2A What we will pay2B Defense 2PART II DEFINITIONS 3PART III LIMITS OF LIABILITY 6A Limits of liability 6B Supplementary payments7C Deductible 7PART IV EXCLUSIONS 7PART V CONDITIONS 9PART VI EXTENDED REPORTING PERIODS 12TAC RMP PO 1112010Board approved820 10


PUBLIC OFFICIALSLIABILITY COVERAGETHIS IS A CLAIMS MADE FORMPLEASE READ THE ENTIRE COVERAGE DOCUMENT CAREFULLYThe Texas Association of Counties Risk Management Pool POOL was and is created to enableMEMBER to purchase coverage against liability claims This is not a contract of insurance but is anagreement for liability coverage pursuant to the provisions of Chapter 119 of the Texas Local GovernmentCode and under Chapters 791 and 2259 of the Texas Govemment Code Under this agreement politicalsubdivisions create and contribute to a pool as an altemative to commercial insurance marketsExcept to such extent as may otherwise be provided herein the coverage of this COVERAGE DOCUMENTis limited to only those CLAIMS THAT ARE FIRST MADE AGAINST THE MEMBER DURING THECOVERAGE DOCUMENT PERIOD AND TIMELY REPORTED TO POOLPART ICOVERAGE AGREEMENT AND CLAIMS MADE CLAUSEin consideration of the MEMBER S contribution to the POOL and in reliance upon the representationsmade by MEMBER in the Application for this coverage and subject to all provisions contained in thisCOVERAGE DOCUMENT <strong>including</strong> any endorsements hereto the POOL agrees as followsAWhat we will payThe POOL will pay on behalf of the MEMBER subject to all provisions contained in this COVERAGEDOCUMENT <strong>including</strong> sectionIB below any sums which the MEMBER shall become legallyobligated to pay as DAMAGES or CLAIMS EXPENSES solely by reason of any WRONGFUL ACTstated in a CLAIMPROVIDED ALWAYS that the following are true1 NOTICE OF CLAIM occurs during the COVERAGE DOCUMENT PERIOD and2 Notice is provided by the MEMBER to the POOL during a COVERAGE DOCUMENT PERIOD orduring the OPTIONAL EXTENDED REPORTING PERIOD if applicable and3 The WRONGFUL ACT for which CLAIM is first made happened on or after the retroactive dateset forth in the Declarations and4 The MEMBER does not have insurance orcoverage for such WRONGFUL ACT through anyother contract or policy of insurance or coverage <strong>including</strong> any other coverages provided by thePOOL and5 The MEMBER had no knowledge or reason to believe at the inception of the first COVERAGEDOCUMENT PERIOD or any extensions or renewals thereof that any WRONGFUL ACT waslikely to result in a CLAIM being made against any MEMBERBDefense1 Subject to all of the provisions contained in this COVERAGE DOCUMENT <strong>including</strong> but notlimited to sectionsIB4 andIB5 below the POOL has the right and duty to defend any CLAIMTAG RMP PO 1112010Board approved 820102


against the MEMBER alleging a WRONGFUL ACT and seeking DAMAGES on account thereofeven If a CLAIM is groundless false or fraudulent The POOL shall have the right to incurCLAIMS EXPENSES and to make such investigation and settlement of any CLAIM or suit as maybe deemed expedient by the POOL and the POOL may settle any CLAIM at its sole discretionand without the consent of the MEMBER The determination by the POOL as to any settlementand as to the reasonableness of settlements and CLAIMS EXPENSES shall be conclusive on theMEMBER The POOL shall have the right but not the obligation to appeal any judgmentadverse to the MEMBER CLAIMS EXPENSES shall not be deducted from the LIMIT OFLIABILITY2 a Upon written request to the POOL by NAMED MEMBER for preCLAIM involvement ofPOOL prior to the formal existence of a CLAIM the POOL has the right but not the duty todesignate attorneys investigators or other persons to perform work and incur expenses on behalfof the NAMED MEMBER where the POOL anticipates a CLAIMb If in the sole discretion of the POOL employing the services of attorneys investigators orother persons to perform work and incur expenses on behalf of any MEMBER or the POOL Isdeemed appropriate to protect POOL interests prior to the formal existence of a CLAIM the POOLhas the right but not the duty to employ such persons as a POOL operational expense3 The POOL shall have the right but not the duty to monitor and participate in the defense of anyinvestigatory administrative or disciplinary proceeding relating to any WRONGFUL ACT of theMEMBER Should the POOL elect to defend monitor or participate under this provision suchelection shall not constitute a waiver of any rights the POOL may have pursuant to any of theprovisions of this COVERAGE DOCUMENT4 At any time during the pendency of a CLAIM if it appearsto the POOL that the LIMIT OFLIABILITY under this COVERAGE DOCUMENT may be insufficient to pay or settle any CLAIM orCLAIMS for which coverage is sought hereunder or If there are multiple or competing CLAIMSagainst the MEMBER or Members the POOL may in its sole discretion tender the remainingLIMIT OF LIABILITY available under this COVERAGE DOCUMENT either to the treasury of theNAMED MEMBER or a person authorized to receive funds for the NAMED MEMBER or theregistry of a court of competent jurisdiction and thereby exhaust the LIMIT OF LIABILITY underthis COVERAGE DOCUMENT The tender by the POOL of an amount which would exhaust theLIMIT OF LIABILITY shall terminate any responsibility or liability of the POOL to pay any amountsfor CLAIMS EXPENSES which have not been incurred by POOL with regard to such CLAIM orCLAIMS and shall also terminate POOL s duties to defend any MEMBER from any such CLAIMOR CLAIMS5 Upon exhaustion of the amount designated as AGGREGATE in the Declarations the POOL sduties to defend any MEMBER shall terminate with regard to and in connection with any CLAIMSmade against MEMBER subsequent to the exhaustion of such AGGREGATE and the POOLshall have no responsibility or liability to pay any amounts for CLAIMS EXPENSES for any suchCLAIMSPART 11 DEFINITIONSA AGGREGATE as used herein shall mean the POOL s total liability for DAMAGES resulting from allCLAIMS first made against the MEMBERS during the COVERAGE DOCUMENT PERIOD and shallnot exceed the amount stated in the Declarations as AGGREGATE regardless of the time when suchCLAIM is paid In the event the NAMED MEMBER exercises the right to purchase the OPTIONALEXTENSION COVERAGE the AGGREGATE limit for the OPTIONAL EXTENDED REPORTINGPERIOD shall be no more than that which remains of the AGGREGATE limit from the immediatelypreceding COVERAGE DOCUMENT PERIODTAG RMP PO 111 2010Board approved 820103


B CLAIM as used herein shall mean a written demand received by the MEMBER specifically for moneyDAMAGES service of suit or institution of arbitration proceedings against the MEMBER but does notinclude1 any demand or suit based upon a WRONGFUL ACT performed while MEMBER was engaged inany activity for which MEMBER received compensation from any source other than the NAMEDMEMBER or was engaged other than by and through the specific authority of the NAMEDMEMBER2 any demand or suit arising out of a contractual obligation or the breach of a contract <strong>including</strong>constructive and implied contracts and demands or suits under a theory of quantum meruit orunder any theory of estoppelCLAIMS based on or arising out of the same WRONGFUL ACT or interrelated WRONGFUL ACTSinvolving one or more of the MEMBERS shall be considered a single CLAIM and a CLAIM soconsidered shall be deemed to have been made solely during the one COVERAGE DOCUMENTPERIOD which includes the time the CLAIM is initially madeCCLAIMS EXPENSES as used herein shall mean1 Fees incurred by the POOL for an attorney designated by the POOL2 All other fees costs and expenses resulting from the investigation adjustment defense andappeal of a CLAIM if incurred by the POOL except for those fees costs and expenses ofemployees of the POOL or of the employees of the Texas Association of Counties or expensesof the regular claims adjustment contractor for the POOL3 Fees charged by any attomey designated by the MEMBER with the written consent of the POOLbut only as to those fees incurred after receipt by MEMBER of such written consent from thePOOL and4 Expenses incurred where the POOL in accordance with section 1 B 2 a of this COVERAGEDOCUMENT responds to a written request by NAMED MEMBER forpre CLAIM involvement ofthe POOL prior to the formal existence of a CLAIM to perform work and incur expenseson behalfof the NAMED MEMBERD COVERAGE DOCUMENT as used herein shall mean this agreement between the POOL andMEMBER <strong>including</strong> any endorsements incorporated hereinE COVERAGE DOCUMENT PERIOD as used herein shall mean that oneyear period Designated inthe Declarations unless otherwise specified or such period as shortened by termination if anyIn the event the OPTIONAL EXTENDED REPORTING PERIOD coverage is purchased by theMEMBER it shall in no way increase the COVERAGE DOCUMENT PERIOD or any renewal thereofexcept that any OPTIONAL EXTENDED REPORTING PERIOD shall be induded in the previousCOVERAGE DOCUMENT PERIOD for purposes of application of the AGGREGATE limit of thePOOL s liabilityF DAMAGES as used herein shall mean actual and compensatory money damages only arisingWRONGFUL ACT of MEMBER and does not includeout of1 punitive or exemplary damages penalties fines sanctions unpaid or withheld wages backwages overtime back benefits any similar types of damages or restitution of any kind for anysuch damages just enumerated even if designated as compensatory or liquidated damagesunder any federal or state lawTAC RMP PO 11 1 2010Board approved 820 10 4


2 any damages resulting from hams to or interference with property of any MEMBER or anyemployee agent or volunteer of the MEMBER arising out of activity with or employment byMEMBER <strong>including</strong> Toss of use of property3 any damages resulting from property seized held auctioned or sold by MEMBER <strong>including</strong> anyforfeited money or other property or its value or resulting from violation of or interference withproperty rights4 any amount which may become due and payable under the terms of any contractual obligationwhether imposed by law orby agreement of MEMBER5 attorney s fees and any costs charges fees or expenses of litigation if any such are demandedfrom MEMBER without an accompanying demand for other relief which would constituteDAMAGES or that portion of any attomey s fees and any costs charges fees or expenses oflitigation demanded from MEMBER which are attributed or attributable to any portion of a CLAIMexcluded under this COVERAGE DOCUMENT to any demand for relief other than for actual orcompensatory damages or to any other demand or matter not covered under this COVERAGEDOCUMENTG EFFECTIVE DATE as used herein shall mean the date the COVERAGE DOCUMENT becomeseffective in a COVERAGE DOCUMENT PERIOD The EFFECTIVE DATE of any renewal of thisCOVERAGE DOCUMENT shall be considered the EFFECTIVE DATE of a new COVERAGEDOCUMENT PERIODH LIMIT OF LIABILITY the LIMIT OF LIABILITY of the POOL for payment of DAMAGES shall be theapplicable Limit shown in the Declarations under Item C LIMITS OF LIABILITYI MEMBER as used herein shall mean 1 NAMED MEMBER and 2 those persons individually orcollectively acting within the scope of their OFFICIAL CAPACITY who areduly elected or appointedofficials or employees or volunteers of the NAMED MEMBER or of commissions boards or other unitsoperating by and under the jurisdiction of the NAMED MEMBER and within an apportionment of thetotal operating budget of the NAMED MEMBER However any persons acting within the scope of theirduties as employees or volunteers or officials of the NAMED MEMBER in operating the following arenot MEMBERS when engaged within the scope of such duties 1 airport2 hospitalThe Juvenile Board is a MEMBER but only if the Juvenile Board serves only the NAMEDMEMBER s county If the Juvenile Board serves more than one county the Juvenile Board is aMEMBER only if each county represented on the Juvenile Board is a MEMBER of the POOL Theindividuals serving on the Juvenile Board are MEMBERS only if they are officials or employees orvolunteers of the NAMED MEMBERExcept as specifically provided in this section the term MEMBER does not include any boardcommittee or similar entity unless 1 the entity is created solely by and at the discretion of theNAMED MEMBER s governing body and was not created by statute or in cooperation with anotherentity 2 the entity serves only the NAMED MEMBER s purposes and not those of any other publicor private entity 3 the members of the entity are appointed by and solely at the discretion of theNAMED MEMBER S governing body and are not designated by statute or in cooperation withanother entityThe District Attorney Is not a MEMBER nor is a District Judge An individual serving as CriminalDistrict Attorney <strong>County</strong> District Attomey or another statutorilycreated office that is effectively acombination of the offices of <strong>County</strong> Attomey and District Attorney is a MEMBER but only whenperforming functions performed by the <strong>County</strong> Attomey in a county that has a <strong>County</strong> AttorneyJ NAMED MEMBER as used herein shall mean a county or other political subdivision so designated inthe DeclarationsTAC RMPPO 1112010Board approved820 105


K NOTICE OF CLAIM as used herein shall mean one of the following whichever occurs first1 In the event of a lawsuit against the MEMBER notice of said suit by service of process orotherwise or2 The MEMBER obtains or receives knowledge or reason to believe that any WRONGFUL ACTmay reasonably be expected to result in a CLAIML OFFICIAL CAPACITY as used herein shall mean only those functions and responsibilitieswithin the scope of performance of MEMBER for or on behalf of the NAMED MEMBERthat comeM OPTIONAL EXTENSION COVERAGE as used herein shall mean the optional coverage that may bepurchased in the event the POOL or the NAMED MEMBER shall cancel or refuse to renew thisCOVERAGE DOCUMENT as set forth in Part VI of this COVERAGE DOCUMENTN OPTIONAL EXTENDED REPORTING PERIOD as used herein shall mean the period for which theNAMED MEMBER elects to purchase OPTIONAL EXTENSION COVERAGEO POOL as used herein shall mean the Texas Association of Counties Risk Management POOLP WRONGFUL ACT as used herein shall mean any actual or alleged error or misstatement omissionact of neglect or breach of duty <strong>including</strong> misfeasance malfeasance or nonfeasance by the MEMBERor MEMBERS in their OFFICIAL CAPACITY individually or collectively or any matter claimed againstthem solely by reason of their having served or acted in an OFFICIAL CAPACITYPART IIILIMITS OF LIABILITYALimits of liabilityRegardless of the number of1 MEMBERS involved in a CLAIM2 Persons or entities who sustain DAMAGES or3 CLAIMS madethe POOL s liability to pay any DAMAGES or CLAIMS EXPENSES shall cease once the applicableLIMIT OF LIABILITY shown in the Declarations is exhausted In no event shall the POOL be requiredto pay DAMAGES in excess of the applicable LIMIT OF LIABILITY shown in the Declarations inconnection with any CLAIM or CLAIMSCLAIMS based on or arising out of the same or related act s omissionor event s involving one ormore MEMBERS shall be considered a single CLAIM and only one deductible and one LIMIT OFLIABILITY shall be applicable to such CLAIM If MEMBER has or is a beneficiary of otherCOVERAGE DOCUMENTS through the POOL the POOL shall not be required to pay an amount inexcess of the appropriate LIMIT OF LIABILITY shown in the Declarations in connection with anyCLAIM it being agreed by POOL and MEMBER that POOL coverages do not overlap with respect topayment of DAMAGES or CLAIMS EXPENSESIn no event shall the POOL s total liability for DAMAGES for all CLAIMS during any one COVERAGEDOCUMENT PERIOD exceed the AGGREGATE stated in Item C LIMITS OF LIABILITY of theDeclarationsTAG RMP PO 11 12010Board approved 82010g


The tender by the POOL of an amount which would exhaust either the LIMIT OF LIABILITY for anyCLAIM or the aggregate LIMIT OF LIABILITY applicable to all CLAIMS to the treasury of the NAMEDMEMBER or a person authorized to receive funds for the NAMED MEMBER or the registry of a courtof competent jurisdiction shall exhaust and terminate any responsibility or liability of the POOL to payany amounts for DAMAGES or CLAIM EXPENSES with regard to such CLAIM or CLAIMSBSupplementary paymentsThe POOL will pay in addition to the applicable CLAIMS EXPENSES and the LIMIT OF LIABILITY asshown in Declarations1 Expenses incurred by the POOL s regular employees Texas Association of Counties TACemployees if any or regular claims adjustment contractors in the monitoring and supervision ofCLAIMS2 Interest but only on that portion of any judgment which does not exceed the POOL s LIMIT OFLIABILITY thereon which accrues after entry of the judgment and before the POOL has paid ortendered or deposited into the court registry that portion of the judgmentliabilitywhich is the POOL s3 Up to 250 per bond premium on appeal bonds in any suit defended by the POOL and up to 250premium on bonds to release attachments in any such suit for an amount not in excess of theLIMIT OF LIABILITY However In accordance with its discretionary right to appeal the POOLshall have the right but not the obligation to apply for or fumish any appeal bondC DeductibleThe POOL will pay only those DAMAGES and CLAIMS EXPENSES with regard to a CLAIM whichare in excess of the Deductible amount s stated in the Declarations The Deductible amount statedin Declarations shall be borne by NAMED MEMBER and shall not be borne by the POOL TheNAMED MEMBER is wholly responsible for paying the entire Deductible shown in theDeclarations A MEMBER other than the NAMED MEMBER has no personal responsibility forpaying any portion of the Deductible and is fully covered for the amount of any liability not inexcess of 100 000 as referenced In Texas Civil Practices and Remedies Code Section108 002At the option and discretion of the POOL the POOL may pay all or part of the Deductible amount toeffect settlement and upon notification to the NAMED MEMBER NAMED MEMBER shall promptlyreimburse the POOL for all such expenditures If the POOL pays any CLAIMS EXPENSES whichfall within the Deductible amount stated in the Declarations the NAMED MEMBER uponnotification shall promptly reimburse the POOL for all such expendituresThe Deductible amount stated in the Declarations shall be applicable to each CLAIM involving eachMEMBER and shall include payments for DAMAGES and CLAIMS EXPENSESPART P EXCLUSIONSAThis COVERAGE DOCUMENT does not apply to CLAIMS arising out of in whole or In part directly orindirectly or arising in concurrent cause with the following1 Fraud dishonesty or bad faith of any MEMBER however notwithstanding the foregoingMEMBERS shall be defended under the terms of this COVERAGE DOCUMENT as to anyTAC RMP PO 111 2010Board approved820 107


claims upon which suit may be brought against them by reason of any alleged fraud or dishonestyor bad faith on the part of any MEMBER unless a judgment or other final adjudication thereofadverse to such MEMBER shall establish that acts of active or deliberate dishonestyor fraudcommitted by such MEMBER were material to the cause of action so adjudicated2 Bodily injury sickness assault or battery disease or death of any person3 Physical injury to property or loss of use of property4 False arrest false imprisonment excessive use of force wrongful detention wrongful evictionwrongful entry or other invasion of the right of private occupancy malicious prosecution wrongfulor improper service of process humiliation libel slander or violation of an individual s right ofprivacy5 Any acts services or duties in furtherance of or supervision of the law enforcement pursuits oractivities of any law enforcement officials department or agency of the NAMED MEMBER<strong>including</strong> budgeting for law enforcement however this exclusion shall not apply to CLAIMSarising out of actual or alleged wrongful employment practices brought by employees of theNAMED MEMBER who are not elected officials of the NAMED MEMBER6 Inverse condemnation takings as understood under any law adverse possession dedication byadverse use or nuisance nor the intentional negligent or accidental discharge disbursal releaseor escape of pollutants or potential pollutants Including smoke vapors soot fumes acidsalkalis toxins pathogens chemicals particulates fibers radioactivity or radiation whetherthermal thermonuclear or otherwise solids liquids or gases waste materials or intentscontaminants or other pollutants or potential pollutants of any kind into or upon land any areabelow ground air the atmosphere or water nor demands or actions arising from anygovernmental direction or request that the MEMBER test for monitor clean up remove containanalyze examine treat detoxify or neutralize pollutants or potential pollutants7 Malicious or criminal acts or omissions of any MEMBER8 Acts or omissions relating to MEMBER s fiduciary capacity as respects any employee benefit planor as trustee of any employee benefit plan9 Continuous or repeated exposure to the same or similar conditions in which any such exposure orcondition existed or happened prior to the retroactive date set forth in the Declarations10 Laboratory testing or medical malpractice For the purpose of this exclusion a medicalmalpractice claim includes a health care liability claim as defined in Section 74 001 of theTexas Civil Practice Remedies Code against a physician physicianassistant or otherhealth care provider11 A regulatory act or similar act by a MEMBER that restricts limits or prohibits a person or entity sright to 1 use property owned by the person or entity or 2 to pursue a certain business12 Preparation of bid specifications failure to supply govemmental services and strikes riots orcivil commotion13 The failure to pay a any bond <strong>including</strong> interest on any bond or b any debt financialguarantee or debentureBThis COVERAGE DOCUMENT also does not apply to1 Any CLAIM by or through any MEMBER against another MEMBER either individually orcollectively nor to any CLAIM by any public official on behalf of a MEMBER against anyMEMBER nor to any CLAIM by a volunteer engaged in activities for any MEMBER against anyTAC RMP PO 11 1 2010Board approved 820 10 8


MEMBER however this exclusion shall not apply to CLAIMS arising out of actual or allegedwrongful employment practices brought by employees of the NAMED MEMBER who are notelected officials of the NAMED MEMBER For the purpose of this exclusion the term MEMBERincludes an individual that was a MEMBER at the time the claim arose2 Demands or actions seeking equitable relief or redress in any form other than moneyDAMAGES nor to any action suit or proceeding seeking relief or redress in any form other thanmoney DAMAGES nor to any investigatory administrative disciplinary or criminal proceedingagainst a MEMBER PART V CONDITIONSA Compliance with Conditions If any MEMBER shall breach any warrantyor condition of thisCOVERAGE DOCUMENT there shall be no coverage <strong>including</strong> any obligation to defend for anyMEMBER as to the particular CLAIM or action in connection with which such breach occurredB Declarations The Declarations stated by POOL for any COVERAGE DOCUMENT PERIODconstitute terms and conditions for that COVERAGE DOCUMENT PERIOD and constitute part of theCOVERAGE DOCUMENT for such COVERAGE DOCUMENT PERIOD In the case of an extensionof coverage the Declarations may be stated in the form of an extension endorsementCDEDelivery of this COVERAGE DOCUMENT Delivery of this COVERAGE DOCUMENT to the NAMEDMEMBER shall be considered delivery to each MEMBER and the NAMED MEMBER is authorized byeach MEMBER to accept delivery on the MEMBER s behalfApplication for Coverage The Application and any Renewal Application for this coverage submittedto the POOL which is signed by MEMBER or its designated or authorized representative is part of thisCOVERAGE DOCUMENT for purposes of reliance by the POOL on information contained in theApplication Any substantial mistake or misrepresentation in such an Application for coverage which isrelied upon by the POOL terminates all the obligations of the POOL under this COVERAGEDOCUMENT <strong>including</strong> those of payment and defense The POOL may at its sole option elect towaive termination of any part of its obligationsAssistance and Cooperation of the MEMBER1 The MEMBER shall assist and cooperate with the POOL and upon the request of the POOL or itsauthorized representative shall submit to examination by a representative of the POOL underoath if requested and shall attend hearings depositions and trials and shall assist in effectingsettlement securing and giving evidence obtaining the attendance of witnesses in the conduct ofsuits in giving written statements to the POOL s representatives and meeting with suchrepresentatives for the purpose of investigation and or defense without charge to the POOL2 The MEMBER shall not except at its own cost make any payment assume or admit any liabilitywaive any defense or settle any CLAIM or action or incur any expense without the written consentof the POOL first obtained Any such liabilities admitted assumed or settled defenses waived orany payments made or expenses <strong>including</strong> legal expenses incurred by MEMBER without priorwritten consent of the POOL shall be the sole obligation of the MEMBER3 Further MEMBER shall not demand oragree to arbitration or mediation of any CLAIM madeagainst MEMBER without written consent of the POOL first obtained4 Each MEMBER agrees to cooperate with the POOL in the prosecution of such CLAIMS suitsindemnity actions cross claims andor counterclaims as the POOL in its sole discretion shalldeem to be appropriate with respect to any CLAIM or suit brought against any MEMBER andeach MEMBER agrees to execute such papers as are required to be executed in the defense ofTAC RMP PO 11 12010Board approved 820 10 9


any action against any MEMBER or with respect to the prosecution of such CLAIMS suitsindemnity actions cross claims and or counterclaims5 The NAMED MEMBER is authorized by each MEMBER to give and receive all notices to andfrom the POOL on the MEMBER s behalfFNotice to the POOL As a condition precedent under this COVERAGE DOCUMENT the MEMBERshall1 Promptly and as soon as reasonably practicable report to the POOL all events or occurrenceswhich could reasonably be expected to result in the POOL being required to consider a CLAIMagainst MEMBER together with information conceming any particulars known by MEMBERS and<strong>including</strong> any reasonably obtainable information with respect to persons events locations anddates involved2 Immediately upon receipt of a CLAIM or NOTICE OF CLAIM by MEMBER and during aCOVERAGE DOCUMENT PERIOD give the POOL written notice of any CLAIM or NOTICE OFCLAIM made against said MEMBER together with information concerning any particulars knownby MEMBERS and <strong>including</strong> any reasonably obtainable information with respect to personsevents locations and dates involved3 In the event suit is brought against a MEMBER immediately forward to the POOL any demandnotice summons or other process received directly or indirectly by the MEMBER or by theMEMBER S representative along with a precise statement to the POOL of when such demandnotice summons or other process was received and by whom it was received4 Where conditions precedent in this paragraph require that notice be given to the POOLimmediately render such notice or report to the personor agent s specifically designated bythe POOL as authorized to receive such notice for the POOL it being expressly recognized andagreed that only notice rendered to an authorized recipient for the POOL can satisfy any noticerequirement hereinGAction Against the POOL1 No legal action may be brought against the POOL until there has been full compliance with allterms of this COVERAGE DOCUMENT In addition no action may be brought against the POOLin regard to any matter involving a CLAIM or suit or proceeding involving this COVERAGEDOCUMENT until the amount of the MEMBER s obligation with respect to the pertinent CLAIM orsuit or proceeding has been rendered certain either by final judgment against the MEMBER bythe court of last resort after actual trial of the issues and appeal has been determined or if thetime to appeal therefrom has expired without an appeal having been taken or has been madecertain by written agreement of the MEMBER the claimant and the POOL2 Nothing contained in this COVERAGE DOCUMENT shall give the MEMBER or any person firmcorporation or organization other than the POOL any right to join the POOL as a party In anyaction or proceeding against the MEMBER to determine the MEMBER s liability3 In no event shall any action be maintained against the POOL by the MEMBER or any otherperson unless such action is brought within two years and oneday after such cause of actionaccruesH Subrogation In the event of any payment under this COVERAGE DOCUMENT the POOL shall besubrogated to all of the MEMBER s rights of indemnity or recovery therefor against any individual firmcorporation organization or any other person and the MEMBER shall execute and deliver suchinstruments and papers and do whatever else shall be reasonably requested to advance the POOL spursuit of its rights and MEMBERS shall do nothing after any CLAIM is made to prejudice such rightsTAC RMP PO 11 1 2010Board approved 820 10 10


The POOL shall be entitled to take over and conduct in the name of the MEMBER for the POOL sown benefit any CLAIM to which the POOL is subrogated hereby against any third party The POOLmay pursue or settle any such CLAIM for its own benefit at Its sole discretionITermination and Non renewal Provisions1 Termination by NAMED MEMBER This COVERAGE DOCUMENT may be terminated by theNAMED MEMBER by giving thirty 30 days written notice of termination of this COVERAGEDOCUMENT to the POOL Any notice of termination must be delivered by deposit in the U SMall certified retum receipt requested2 Termination by POOL This COVERAGE DOCUMENT may be terminated by the POOL at thePOOL s sole discretion by mailing to the NAMED MEMBER at the address shown in theDeclarations written notice of termination stating when such termination shall be effectiveHowever the effective date of termination shall be not less than sixty 60 days from the date ofmalting of the notice3 Upon termination of the Interlocal Participation Agreement or termination of this COVERAGEDOCUMENT pursuant to any particular provisions of the Interlace Participation Agreement orwithdrawal or expulsion of NAMED MEMBER from the POOL pursuant to the POOL s Bylaws andPlan of Operation this COVERAGE DOCUMENT shall terminate effective on the date of saidtermination withdrawal or expulsion4 The effective date and hour of termination stated in the notice shall be the end of the COVERAGEDOCUMENT If however the date and hour of termination stated in the notice of terminationgiven by either the POOL or the NAMED MEMBER does not meet the notice requirements of thissection then the notice shall be effective to terminate the COVERAGE DOCUMENT at theearliest date and hour the noticing party could have properly designated as the termination dateand hour in its notice5 Retained Contribution ProportionsaIf this COVERAGE DOCUMENT shall be terminated by the NAMED MEMBER the POOLshall retain the customary short rate proportion of the contributionbIf this COVERAGE DOCUMENT shall be terminated by or on behalf of the POOL the POOLshall retain the customarypro rata proportion of the contribution6 Non Renewal The POOL in Its sole discretion may choose not to renew this COVERAGEDOCUMENT by giving written notice to the NAMED MEMBER at least thirty 30 days prior to theend of the COVERAGE DOCUMENT PERIODJ Certain Modified Terms An Increase in contribution or deductible or reduction in LIMIT OFLIABIUTY or AGGREGATE or addition of endorsements to the COVERAGE DOCUMENT does notconstitute a termination or refusal to renew this COVERAGE DOCUMENTKWaiver Notice to any agent or knowledge possessed by any agent or by any other person of any factcondition or other matter which might constitute grounds for denial of coverage shall not effect a waiveror a change in any part of this COVERAGE DOCUMENT or estop the POOL from asserting any rightsIncluding a right to deny coverage under this COVERAGE DOCUMENT nor shall the terms of thisCOVERAGE DOCUMENT be waived or changed except by a written endorsementL Assignment Assignment of any interest under this COVERAGE DOCUMENT shall not bind thePOOL without its prior written consentTAC RMP PO 111 2010Board approved8201011


MNOther Coverage or Insurance If there is or may be other coverage or insurance against any incidentloss or CLAIM for which coverage is afforded under this COVERAGE DOCUMENT the coverageprovided under this COVERAGE DOCUMENT shall be deemed to be excess over any valid andcollectible coverage or insurance available to any MEMBER against whom a CLAIM is madeMEMBERS shall respond promptly to any reasonable inquiries from the POOL conceming othercoverage or insurance that may be afforded to the MEMBER or certain MEMBERSPerformability in Travis <strong>County</strong> This agreement providing for public officials liability coverage by thePOOL has been executed in Travis <strong>County</strong> and is performable in Travis <strong>County</strong>O Entire Agreement The COVERAGE DOCUMENT the Bylaws and Plan of Operation and theInterlocal Participation Agreement for the POOL together constitute the entire coverage agreement andthis agreement cannot be modified except as agreed in writingP Payment Payment of contribution to POOL by NAMED MEMBER as consideration for thisagreement shall be made as set forth in the DeclarationsPART VIEXTENDED REPORTING PERIODSIf the POOL shall terminate or refuse to renew this COVERAGE DOCUMENT for reasons other than theNAMED MEMBER s non payment of contributions andor deductibles or non compliance with the terms andconditions of this COVERAGE DOCUMENT or the NAMED MEMBER shall terminate or refuse to renewthis COVERAGE DOCUMENT the NAMED MEMBER upon payment of an additional contribution as setforth herein shall have the option to extend the claims made coverage afforded by this COVERAGEDOCUMENT to apply to CLAIMS first made against the NAMED MEMBER during the 12 month period orthe 24 month period immediately following the EFFECTIVE DATE of such termination Such OPTIONALEXTENDED REPORTING PERIOD is limited to and shall only be effective for purposes of anyWRONGFUL ACT committed prior to the date on which the OPTIONAL EXTENDED REPORTING PERIODcommenced and after the retroactive date set forth in the Declarations and subject always to the termsconditions definitions limits of liability exclusions and deductible provisions of the COVERAGEDOCUMENT in effect on the date the OPTIONAL EXTENDED REPORTING PERIOD is exercisedWith respect to the triggering of the right to an OPTIONAL EXTENDED REPORTING PERIOD an increasein contribution or deductible or reduction in LIMIT OF LIABILITY or AGGREGATE does not constitute atermination or refusal to renew this COVERAGE DOCUMENTThe extension of coverage for CLAIMS made and reported subsequent to termination of the COVERAGEDOCUMENT shall be endorsed hereto if purchased and shall be referred to in this COVERAGEDOCUMENT as the OPTIONAL EXTENDED REPORTING PERIOD Individual CLAIMS made andreported during any OPTIONAL EXTENDED REPORTING PERIOD shall be deemed to have occurredduring the most recent COVERAGE DOCUMENT PERIOD and all terms of the COVERAGE DOCUMENTshall applyThe contribution for the OPTIONAL EXTENDED REPORTING PERIOD elected by the NAMED MEMBERshall beA for a 12 month OPTIONAL EXTENDED REPORTING PERIOD 100 percent of the full annualcontribution for coverage under this coverage documentB for a 24 month OPTIONAL EXTENDED REPORTING PERIOD 150 percent of the full annualcontribution for coverage under this COVERAGE DOCUMENTTAC RMPPO 11 1 2010Board approved 8201012


As a condition precedent to the NAMED MEMBER s right to purchase the OPTIONAL EXTENDEDREPORTING PERIOD coverage the NAMED MEMBER must tender payment of all contributions and anyunpaid deductibles due for the preceding period of coverage The NAMED MEMBER s right to purchasethe OPTIONAL EXTENDED REPORTING PERIOD coverage must be exercised by notice in writing andtendering of the contribution due not later than ten days after the termination of this COVERAGEDOCUMENT If such notice and contributions are not timely and properly made the NAMED MEMBERshall not at a later date have any right to obtain an OPTIONAL EXTENDED REPORTING PERIODAt the commencement of any OPTIONAL EXTENDED REPORTING PERIOD the entire contributiontherefor shall be deemed earned and in the event the NAMED MEMBER terminates the OPTIONALEXTENDED REPORTING PERIOD before the expiration of its full term for any reason the POOL shall notbe liable to return to the NAMED MEMBER any portion of the contribution for the OPTIONAL EXTENDEDREPORTING PERIODTAC RMP PO 1112010Board approved 820 1013


McLennan <strong>County</strong>LAW ENFORCEMENT LIABILITY COVERAGE


TEXAS ASSOCIATION OF COUNTIESRISK MANAGEMENT POOLLAW ENFORCEMENT PROFESSIONAL LIABILITY COVERAGEDECLARATIONSThese Declarations form part of Coverage Document Number LE 1550 2011 09 30Item A 1 NAMED MEMBER McLennan <strong>County</strong>2 ADDRESS 501 Washington Ave Ste 214Waco TX 76701 1373Item B 1 COVERAGE DOCUMENT PERIOD From September 30 2011 to September 302 2012Item C LIMITS OFLIABILITYRETROACTIVE DATE January 02 1990Dates under this Item are 12 01AM United States Central Standard Time1 For the sum ofDAMAGES arising out of each CLAIM first made during theCOVERAGE DOCUMENT PERIOD 820002 AGGREGATE2000ItemD DEDUCTIBLEa per claim For the sum of DAMAGES and CLAIMS EXPENSES arising out ofeach CLAIM first made during the COVERAGE DOCUMENT PERIOD 50 000Item E CONTRIBUTION 206 203Item F COVERED LAW ENFORCEMENT DEPARTMENTS OR AGENCIES OR OTHERAGENCIESMcLennan <strong>County</strong> Sheriffs <strong>Office</strong>McLennan <strong>County</strong> Constables <strong>Office</strong>sMcLennan <strong>County</strong> Employees of the District Attomey s <strong>Office</strong>McLennan <strong>County</strong> Attorney s <strong>Office</strong>McLennan <strong>County</strong> Juvenile Probation DepartmentItem G NOTICE OF CLAIM <strong>including</strong> service of process if any is to be delivered immediately tothe POOL via the Texas Association of Counties Claims DepartmentTexas Association of CountiesAttention CLAIMSP O Box 2131Austin Texas 78768FAX Number 5124781426Immediately in addition to any fax transmission transmit by U S mail or other deliveryservice the notice ofclaim and related documents to the above addressItem fl MEMBER S DESIGNATED POOL COORDINATOR Honorable Jim Lewis PoolCoodinatorItemI FORMS AND ENDORSEMENTSForm Numbers or Designations of Endorsements attached at issuanceTAC LE11 10 CLEL CM06 08 CLEL PDEA 01 08 CLEL DJ 09This Agreement is issued byTexasY as authorized representative of the Pool on September 29 2011 at AustinTAC LE DEC01 08Board Approved08 29 07 Page 1


LAW ENFORCEMENT PROFESSIONAL LIABILITYAmendatory EndorsementConcerning Fraud or dishonesty or any malicious or criminal act of any MemberFor NAMED MEMBERS with Law Enforcement Liability Coverage This endorsement changesPART IV EXCLUSIONA2 and adds DEFINITION V to PART II DEFINPITONS of theCOVERAGE DOCUMENTIt is hereby agreed and understood that solely within and conditioned upon the LIMIT OFLIABILITY OF THIS ENDORSEMENT set forth below that PART IV EXCLUSIONA2 isamended and nowprovidesas followsPART IV EXCLUSIONSA This COVERAGE DOCUMENT does notapply to CLAIMS arising out of in whole or in partdirectly or indirectly or arising in concurrent cause with the following2 Fraud ordishonesty or any malicious or criminal act of any MEMBER notwithstandingthe foregoing the POOL will aprovide defense under the terms of this COVERAGEDOCUMENT for the NAMED MEMBER and any MEMBER sued in his or her OFFICIALCAPACITY only as defined under PART II DEFINITION V in any claim or lawsuitarising or resulting from fraud or dishonesty or any malicious or criminal act of anyMEMBERThis limited duty to defend is the POOL S sole obligationPOOL has noduty hereunder to indemnify any MEMBER for sums a MEMBER becomeslegally obligated to pay as DAMAGES All CLAIMS against a MEMBER for DAMAGESarising from any malicious or criminal acts or omissions of any MEMBER are specificallyexcluded from this endorsementunder this endorsement TheALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement CLEL CM Endorsement Effective Date September 30 2011Endorsement Retroactive Date January 02 1990Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number LE 1550 2011 09 30TAC LE06 08Board Approved 06 12 08 Page 1 of 2


LIMIT OF LIABILITY OF THIS ENDORSEMENTthat the POOL S LIMIT OF LIABILITY under this endorsementIt is understood and agreedduring the COVERAGE DOCUMENT PERIOD shall not exceed50 000 per CLAIM and100 000 AGGREGATE This LIMIT OF LIABILITY is apart of and not in addition to theL1 IITS OF LIABILITY as set forth in Item C of the Declarations Nothing contained hereinshall be construed to increase or differ from the LIMITS OF LIABILITY set forth in theDeclarationsIt is also agreed and understood that PART II DEFINITIONS is amended as followsV OFFICIAL CAPACITYPART II DEFINITIONSas used herein does not include CLAIMS againstseek to impose personal liabilitystate lawa MEMBER whichon the MEMBER for actions he or she takes under color ofALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement CLEL CM Endorsement Effective Date September 30 2011Endorsement Retroactive Date January 02 1990Named Member McLennan <strong>County</strong>Attached to and forming part of CoverageDocument Number LE 1550 2011 09 30TAC LE06 0812 08 Page 2 of 2Board Approved06


LAW ENFORCEMENT PROFESSIONAL LIABILITYPunitive Damages EndorsementOption A Within LIMITS OF LIABILITYAdding coverage for punitive or exemplary damages subject to the existing LIMITS OF LIABILITYby amending the definition of DAMAGES in the COVERAGE DOCUMENTIn consideration of the contribution paid to the POOL it is hereby agreed and understood solelywithin and conditioned upon the limit of liability of this endorsement set forth below that PART IIparagraph H DAMAGES is amended to delete the following wordspunitive or exemplary damagesLIMIT OF LIABILITY OF THIS ENDORSEMENTIt is understood and agreed that the limit of liability of the POOL for punitive or exemplary damagesunder this endorsement shall not exceed1000This limit of liability is part of and not in additionto the LIMITS OF LIABILITY as set forth in Item C of the Declarations Nothing contained herein shallbe construed to increase or differ from the LIMITS OF LIABILITY set forth in the DeclarationsALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement CLEIJPDEA Endorsement Effective Date September 30 2011Endorsement Retro Date January 02 1990Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number LE 1550 2011 09 30TACILE01 08Baud Approved 08129 07


LAW ENFORCEMENT LIABILITYAmendatory EndorsementDistrict JudgeIn consideration of the contribution paid to the POOL it is hereby agreedfollowing amendments are made to the COVERAGE DOCUMENTand understood that thePart RDefinitions M Member is amended to add the followingA district judge whose designated jurisdiction includes the NAMED MEMBER is a MEMBER but onlyin his or her capacity as a member of a Juvenile Board and only if the juvenile Board or the juvenileProbation Departmentthat it oversees is listed in the DeclarationsPart VConditions is amended to add the followingQ No dutydefend MEMBER but the Pool will defend if MEMBER requestsand the State declines toprovide a defenseto defend shall exist for CLAIMS in which the State of Texas determines that it willR No duty to pay or indemnifyresponsibility to pay or indemnifybehalf of MEMBERa defense from the Stateshall exist for CLAIMS in which the State of Texas has thenor for which the State of Texas determines to settle onS No governmental or official immunities are waived except by Act of the Texas LegislatureLIMIT OF LIABILITY OF THIS ENDORSEMENTIt is understood and agreed that the limit of liabilityof the POOL under this endorsementis apart o and not in addition to the LIMITS OF LIABILTY as set forth in Item C of thisDeclarations Nothing contained herein shall be construed to increase or differ from theLIMITS OF LIABILITY set forth in the DeclarationsALL OTHER TERMS CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGEDEndorsement CLEL DJ Endorsement Effective Date September 30 2011Endorsement Retroactive Date September 30 2005Named Member McLennan <strong>County</strong>Attached to and forming part of Coverage Document Number 1550 2011 09 30TACLE DJ09Board Approved 06 05 09


RECEIVED JUNi 201104 040TEXAS ASSOCIATION of COUNTIESSby RISK MANAGEMENT POOLRenewalApplication forLaw Enforcement Professional Liability CoverageClaimslZadc BasisIf ou have questions regarding completion of this application pleasecontact us at1800 456 5974 Facsimile Line1512 478 1426 orEmail TACPools@county org Pleasereturn this completedapplicationto Texas4uonationo Counties <strong>County</strong> GovernmentRisEManagementPoolPOBox 2131 Austin 71xas 78768 GeneralInformation1Name of Political Subdivisionif AAP 2Address No Street or P OBox 214 4th Street Suite 100 CityState Zip TiaooTexas 76701 1366ContactNamei hPrpaa rlamnnsEmailAdd Clemons@CCmClenna11 tx Us TelephoneNumber 254 757 5156Fax Number 254 757 51573a Population of county or applicant spolitical subdivision 211 17A Source20f14 CPn zinsx bNumber of political subdivision semployees 889Full time <strong>including</strong> elected officials 49 Part timeall others except full time 15 Volunteers 4Coverage Anniversary Date September 30 2011 Information SThe basic coverage excludes punitive damagesor exemplary damages However this coverage canendorsementfor an additional contribution NOTEbe added byYour current coverage does not include endorsementfor punitiveor exemplary damagesisendorsedto include punitiveor exemplary damagesfor the limit of 50000 100 000 or 1 1 000 ANDit is included within the limits of liabilityor inadditionto the limits of liability FDf1RENEVVALCOVERAGEdo you wish to include endorsementfor punitiveor exemplary damagesX YES NO IFYESa Advise limit desired50 000 100 000 or X 1 000 and bAdviseif you desire this limit X included within the limits of liabilityor inadditionto the limits of liability6Limited coverage for the District udge for service on a Juvenile Board whose jurisdiction includes the applicant county canby endorsementfor an additional contribution Note this endorsementis onlyavailableif Question9 of this applicationIncludes staffing under ClassB This coverage is only available when the applicant is a county NOTEbe addedYour current coverage does not include endorsementfor the District Judgeisendorsedto include District JudgeFORENEWAL COVERAGERdoyou wish to include endorsementfor the District Judge XYES NO TACRMP LE APP RENEWAL


Coverage Information7 a Provide details of any general liability policy which may provide coverage for the applicantCarrier TAC Effective DateLimits of Liabilityb Provide details of any automobile liability policy which may provide coverage for the applicantTACCarrierLimits of LiabilityEffective Date8 Indicate each particular Law Enforcement <strong>Office</strong> Department or Agency for which you are applying for coverageExample Sheriffs Dept Constables <strong>Office</strong>s Detention Facilities AND include <strong>County</strong> personnel and <strong>County</strong> approvedvolunteers and reserves under Question 9 belowSheriff s <strong>Office</strong>JailsConstable <strong>Office</strong>sThvv ni 1pif pni i nnNOTE The indication of entitles above does not ensure coverage such coverage being limited to the termsand definitions of the coverage document9 Please indicate the number of officers and other staff as indicated by time worked for each Rating Classification listed below Include<strong>County</strong> personnel and <strong>County</strong> approved volunteers and reserves for all Law Enforcement Departments Agencies and <strong>Office</strong>s listed underQuestion 8 aboveFulltimePart time25 50 or 75CLASS k81 Sheriff Sheriff Deputies Sheriff investigators and other front line personnel with arrest powers who are armed and181actively engaged to the prevention of crime and apprehension of criminals other than unpaid auxiliary or reserve officersJail Administrators and JailersConstable DeputiesV Bailiffs armed8CLASS B27 <strong>County</strong> juvenile Probations <strong>Office</strong>rs<strong>County</strong> Juvenile Detention Center guards10 <strong>County</strong> Juvenile Boot Camp instructorsNOTES I if none or part of salary is paid by Named Member please indicate percentages2 If no Class B staff is indicated on this application Juvenile Probation DepartmentIncluded for coverageCLASS CDispatchers8 ClericalProsecutorcriminal investigatorsJail staff with no inmate contact interaction ex cooks maintenance etcD Bailiffs unarmed<strong>Personnel</strong>10 Selection and Training Proceduresa15 Unpaid auxiliary or reserve officers 25Other staff describe NijsesDescribe the hiring and screening procedures in use to determine each job applicant s fitness for employmentwill not beClass q officer as defined under Question0 of this applicationinclud the psychological evaluation methods in useOb Op@IllTlg6 Reoeive aIgi SCL enapp11Cants corn pr3rsrynalVerti era post notices Oirterviewq condu t hyiai nal p cam and art srr nipsychologist Conduct xtensive baGkgroul check ba mtgimutnducationnalc it ria a job applicant must meet for salaried deputies cE ct beng SY ndiirt playnhn gical byfor ClassAofficers InterviewsJail Certification TestdDescribe the minimum tann requiredCertification bypassing StateDescribe your recruit trainin3weeks on site Jai Certfication School followed by StateJail Certification Test TACRMP LE APP RENEWAL


Continuing InService Educational ProgramSheriff s DepartmentCultural DiversitySpecial Investigative TopicsIntermediate Child Abuse Prevention InvestigationIntermediate Crime Scene InvestigationIntermediate Use ofForceIntermediate Arrest Search SeizureIntermediate SpanishTexas Association of Hostage NegotiatorsInternational Association ofBomb Technicians InvestigatorsField Training <strong>Office</strong>r CertificationCalibre Press Street SurvivalBasic SWAT SchoolAdvanced SWAT SchoolAdministrator CourseTexas Tactical Peace <strong>Office</strong>rs Association Annual TrainingJailersBasic <strong>County</strong> CorrectionsCultural DiversitySpecial Detail Team Tactical TrainingIntermediate Suicide Detection PreventionIntermediate Inmate Rights PrivilegesIntermediate Interpersonal Communication in the Correctional SettingIntermediate Use of Force in a Jail SettingIntermediate SpanishJail ManagementTexas Jail AssociationJail Management IssuesDareState NationalDARE TrainingWinter InService


Person nelY10 e Regarding your Continuing InService Educational Program1 Where and by whom are educational classes taught2 Please note the subjects Included In your program11 Please Indicate if you participate in any of the following and provide the namesindicate here If noneTask Force Law Enforcement If checked list Task Force name and other participating Texas Political SubdivisionsMutual Aid Agreement If checked list names of other participating Texas Political Subdivisions12 Describe the policies relating to private or off duty employment <strong>including</strong> moonlighting for other employers and note whether itmust be approved by a supervisor for each law enforcement office department or agency for which coverage is applied13 is any law enforcement officer office department or agency for which coverage is applied under any criminal or administrative InvestigationYES NO IF YES provide details or circumstances which are unprivileged public information1etcntion 1iCijltl i14 Regarding Detention Facilitiesa Indicate how many facilities are applying for coverage 2b For each noted above provide the following information If more than one provide this information separatelyfor each by attachment of separate sheetsNameBill Logue Juvenile Justice Center1 Indicate the type of this facilityMax Med Min Lock Up Temporary <strong>County</strong> Correctional CenterXJuvenile Detention Center Boot Camp other2 Physical Information Number of Celts 98Capacity of Each Cell 13 Provide State Authorized Capacity 98 Average Daily Population 604 Does this facility currently hold a Certificate of Compliance indicating compliance with the standards andor requirements ofthe state certification agency over this facility ex Texas Commission of jail Standards X YES NOIF NO indicate actions being taken to bring this facility into compliance5 Is this facility operating under any variance YES X NOIF YES provide attachment of approved variances15 Are any detention facilities orprograms under any court ordered monitoring or supervisionT YES NO IF YES provide detailsTAC AMP LE APP RENEWAL


NBSOc4iWTEXAS ASSOCIATION Of COUNTIESRISK MANAGEMENT POOLLaw Enforcement Professional LiabilityApplication AddendumBail Bond BoardsName of Political SubdivisionMrTAnnan Cannn1 yI Does the applicant s county population mandate creation of a <strong>County</strong>Note A county population of 1 10 000 or more mandates creation of a <strong>County</strong> Bail Bond Boardper TEX REV CIV STAT ART 2372p3 part of Title 44Bail Bond BoardYES X NO2 Has the county created a <strong>County</strong> Bail Bond BoardYES X NOTAG MP LE ADDENDUMBAIL BOND BOARDS0


48rtoe i azateLODVtTEXAS ASSOCIATION Of COUNTIES4 RISK MANAGEMENT POOLList of ParticipatingLawanforcenient Professional Liabilityin Law Enforcement Mutual Aid AgreementsTexas Political Subdivisionsor Task ForcesMember NameMcLennan CountYName of Mutual Aid Agreementor Task ForceTexas Political Subdivisions participating in the above areTAC RMP LE OTHER JURISDICTIONS USTING


eNsSop TEXAS ASSOCIATION Of COUNTIESatecouRISK MANAGEMENT POOLIndividual Claim Data ReportINSTRUCTIONS FOR COMPLETIONThis form is to be completed by the applicant regarding any claim or suit during the past five 5 years orany facts circumstances acts errors or omissions of which the applicant is aware which may give rise to a claimCOMPLETE ONE FORM FOR EACH SUCH CLAIM OR CIRCUMSTANCE Please photocopy this blank report if additional IndividualClaim Date Reports are requiredPlease attach a separate sheet if space is insufficient to answer any question fullyALL questions must be answered completelyPlease print or type1 Legal Name of Public Entity2 Full name of individual s involved or named in the claim3 Full name of claimant s4 Indicate whether Claim SuitIncident5 Date of alleged error Date of Claim6 Additional defendants if any7 IF CLOSED Total Loss Paid <strong>including</strong> Deductible8 IF PENDINGLegal Expenses PaidClaimant s settlement demandAmounts Paid to Date forAmounts Reserved forDeductible AmountLossLossDefendant s offer of settlementExpensesExpensesIf claim is in suit indicate amount asked in summons9 Insurer Name if any10 Description of claim Provide enough information to allow evaluation attaching a separate sheet ifnecessaryaAlleged act error or omission upon which claimant bases claimb Description of the type and extent of injury or damage allegedly sustainedI understand information submitted herein becomes apart of the proposal and is subject to the same warranty and conditionsSignature<strong>County</strong> Judge or presiding official of the political subdivisionDateTAC RMP PO and LE CLAIM DATA REPORTI08Board Approved829 07O


10 e Regarding your Continuing InService Educational Program1 Where and b whom are educational classes tau tI aA t 01 S 4I 1 I l 1 ill Dior 1 LcOutside instructors2 Please note the subjects included in your programSee attached list11 Please indicate if you participate in any of the following and provide the namesIndicate here if none NoneTask Force Law Enforcement If checked list Task Force name and other participating Texas Political SubdivisionsMutual Aid Agreement If checked list names of other participating Texas Political Subdivisions12 Describe the policies relating to private or off duty employment <strong>including</strong> moonlighting for other employers and note whether Itmust be approved by a supervisor for each law enforcement office department or agency for which coverage is appliedVl Z1 711 1unsavory11 MO 11 k 1111I13 Is any law enforcement officer office department or agency for which coverage is applied under any criminal or administrative investigationYES X NO IF YES provide details or circumstances which areunprivileged public information14 Regarding Detention Facilitiesa Indicate how many facilities areapplying for coverage 2b For each noted above provide the following information If more than one provide this information separatelyfor each by attachment of separate sheetsNameHighway 6 Jail1 Indicate the type of this facilityMax Med Min Lock Up Temporary X<strong>County</strong> Correctional CenterJuvenile Detention Center Boot Camp other2 Physical Information Number of Cells 1273 Provide State Authorized Capacity 931Capacity of Each Celt12781124 48Average Daily Population 8804 Does this facility currently hold a Certificate of Compliance indicating compliance with the standards and or requirements ofthe state certification agencyover this facility ex Texas Commission of jail Standards X YES NOIF NO indicate actions being taken to bring this facility into compliance5 Is this facility operating under any variance YES X NO1F YES provide attachment of approved variances15 Are any detention facilities or programs under any court ordered monitoring or supervisionYES X NO 1F YES provide detailsTAC KM LE APP RENEWAL


Claims History16 Have you or any member of your staff become aware of or have any knowledge whatsoever of any circumstances occurrencesfacts or events which are likelyto be a basis of a claim either now or in the futureYES X NOIF YES have all of these been reported to TAC Claims DepartmentYES NOIF NO please explain below and attach a completed Individual Claim Data ReportOther InformationThe questions in this application seek information from applicant which may be used by the Pool in processing the orapplication inassessing coverage needs of political subdivisions The questions posed or any wording of the application should not and may not berelied upon by applicant as having an implication that there exists coverage for any particular claim or class of claims whenever madeThe provisions of coverage are located In the issued Coverage Document <strong>including</strong> Declarations and any endorsements provided to acovered political subdivision1WE accept notice that any coverage which may be issued will apply on a CLAIMS MADE BASIS arid that knyfallure to answer anyapplication portion or question fully and accurately compromises coverage provided by the Pool to the applicant pursuantof the Coverage Doc ntto the termsSignatureTitle <strong>County</strong> JudgeDate brttmy dge or presiding official of the political subdivisionSIGNING T IS FORM DOES NOT BIND THE APPLICANT POLITICAL SUBDIVISION OR THE POOL TO COMPLETE THE COVERAGEApplication must be signed and dated by the <strong>County</strong> Judge or applicable presiding official to be considered for quotationCOVERAGES AVAILABLE THROUGH THE TEXAS ASSOCIATION OF COUNTIESAutomobile Physical DamageCrimePropertyAutomobile LiabilityGeneral LiabilityLaw Enforcement LiabilityPublic Officials LiabilityWorkers CompensationUnemployment FundGroup HealthPLEASE SEND THIS APPLICATION TOTEXAS ASSOCIATION OF COUNTIES RISK MANAGEMENT POOLPO BOX 2131AUSTIN TEXAS 78768TEXAS TOLL FREE 800 4565974FAX 512 4781426www county org0TAC RMP LE APP RENEWAL


0 so 0 TEXAS ASSOCIATION Of COUNTIESRISK MANAGEMENT POOLLAW ENFORCEMENT PROFESSIONAL LIABILITYCOVERAGE DOCUMENTTable of ContentsPagePART I CLAIMS MADE COVERAGE AGREEMENT PAYMENT AND DEFENSE 2A What we will pay 2B Defense 3PART II DEFINITIONS 4PART III LIMITS OF LIABILITY 7A Limits of liability 7B Supplementary payments 7C Deductible 7PART IV EXCLUSIONS 8PART V CONDITIONS 10PART VI EXTENDED REPORTING PERIODS 12TAC RMP LE 11110Board Approved 82010


LAW ENFORCEMENTPROFESSIONAL LIABILITY COVERAGETHIS IS A CLAIMS MADE FORMPLEASE READ THE ENTIRE COVERAGE DOCUMENT CAREFULLYThe Texas Association of Counties Risk Management Pool POOL was and is created to enable eachMEMBER to purchase coverage against liability claims This is not a contract of insurance but is anagreement for liability coverage pursuant to the provisions of Chapter 119 of the Texas Local GovemmentCode and under Chapters 791 and 2259 of the Texas Government Code Under this agreement politicalsubdivisions create and contribute to a pool as an aftemative to commercial Insurance marketsExcept as may otherwise be provided herein the coverage provided by this COVERAGE DOCUMENT islimited to only those CLAIMS THAT ARE FIRST MADE AGAINST THE MEMBER DURING THECOVERAGE DOCUMENT PERIOD AND TIMELY REPORTED TO POOLPART ICLAIMS MADE COVERAGE AGREEMENT PAYMENT AND DEFENSEIn consideration of the MEMBER S contribution to the POOL and in reliance upon the representations madeby MEMBER in the Application and any Renewal Application for this coverage and subject to all provisionscontained in this COVERAGE DOCUMENT <strong>including</strong> any endorsements hereto the POOL agrees asfollowsAWhat we will payThe POOL will pay on behalf of the MEMBER subject to all provisions contained in this COVERAGEDOCUMENT <strong>including</strong> section IB below any sums which the MEMBER shall become legallyobligated to pay as DAMAGES or CLAIMS EXPENSES by reason of errors omissions or negligent actsstated in a CLAIM which arise out of the conduct of LAW ENFORCEMENT ACTIVITIES of MEMBERand result inPERSONAL INJURYBODILY INJURYPROPERTY DAMAGE orVIOLATION OF CIVIL RIGHTSPROVIDED ALWAYS that the followingare true1 NOTICE OF CLAIM occurs during the COVERAGE DOCUMENT PERIOD and2 Notice is provided by the MEMBER to the POOL during a COVERAGE DOCUMENT PERIOD orduring the OPTIONAL EXTENDED REPORTING PERIOD If applicable and3 The error omission or negligent act for which CLAIM is first made happenedretroactive date set forth in the Declarations andon or after the4 The MEMBER does not have insurance or coverage for such error omission or negligent actthrough any other contract or policy of insurance or coverage <strong>including</strong> any other coveragesprovided by the POOL andTAC RMP LE 11 1 10 2Board Approved 820 10


5 The MEMBER had no knowledge or reason to believe at the inception of the first COVERAGEDOCUMENT PERIOD orany extensions or renewals thereof that any error omission or negligentact was likely to result in a CLAIM being made against any MEMBERBDefense1 Subject to all of the provisions contained in this COVERAGE DOCUMENT <strong>including</strong> but not limitedto sectionsIB4 andIB5 below the POOL has the right and duty to defend any CLAIM arisingout of the categories of conduct enumerated above brought against the MEMBER alleging anerror omission ornegligent act and seeking DAMAGES on account thereof even if a CLAIM isgroundless false or fraudulent The POOL shall have the right to incur CLAIMS EXPENSES andto make such investigation and settlement of any CLAIM or suit asmay be deemed expedient bythe POOL and the POOL may settle any CLAIM at its sole discretion and without the consent of theMEMBER The determination by the POOL as to any settlement and as to the reasonableness ofsettlements and CLAIMS EXPENSES shall be conclusive on the MEMBER The POOL shall havethe right but not the obligation to appeal any judgment adverse to the MEMBER CLAIMSEXPENSES shall not be deducted from the LIMIT OF LIABILITY2 a Upon written request to the POOL by NAMED MEMBER for pre CLAIM involvement ofPOOL prior to the formal existence of a CLAIM the POOL has the right but not the duty todesignate attorneys investigators or other persons to perform work and incur expenses on behalfof the NAMED MEMBER where the POOL anticipates a CLAIMb If in the sole discretion of the POOL employing the services of attorneys investigators orother persons to perform work and incur expenses on behalf of any MEMBER or the POOL isdeemed appropriate to protect POOL interests prior to the formal existence of a CLAIM the POOLhas the tight but not the duty to employ such persons as a POOL operational expense3 The POOL shall have the right but not the duty to monitor and participate in the defense of anyinvestigatory administrative or disciplinary proceeding relating to any LAW ENFORCEMENTACTIVITY of the MEMBER Should the POOL elect to defend monitor or participate under thisprovision such election shall not constitute a waiver of any rights the POOL may have pursuant toany of the provisions of this COVERAGE DOCUMENT4 At any time during the pendency of a CLAIM if it appears to the POOL that the LIMIT OFLIABILITY under this COVERAGE DOCUMENT may be insufficient to pay or settle any CLAIM orCLAIMS for which coverage is sought hereunder or if there are multiple or competing CLAIMSagainst the MEMBER or MEMBERS the POOL may in its sole discretion tender the remainingLIMIT OF LIABILITY available under this COVERAGE DOCUMENT either to the treasury of theNAMED MEMBER or a person authorized to receive funds for the NAMED MEMBER or theregistry of a court of competent jurisdiction and thereby exhaust the UMIT OF LIABILITY under thisCOVERAGE DOCUMENT The tender by the POOL of an amount which would exhaust the LIMITOF LIABILITY shall terminate any responsibility or liability of the POOL to pay any amounts forCLAIMS EXPENSES which have not been incurred by POOL with regard to such CLAIM orCLAIMS and shall also terminate POOL s duties to defend any MEMBER from any such CLAIMOR CLAIMS5 Upon the exhaustion of the amount designated as AGGREGATE in the Declarations the POOL sduties to defend any MEMBER shall terminate with regard to and in connection with any CLAIMSmade against MEMBER subsequent to the exhaustion of such AGGREGATE and the POOL shallhave no responsibility or liability to pay any amounts for CLAIMS EXPENSES for any suchCLAIMSTAC RMP LE110Board Approved 82010


PART IIDEFINITIONSA AGGREGATE as used herein shall mean the POOL s total liability for DAMAGES resulting from allCLAIMS first made against the MEMBERS during the COVERAGE DOCUMENT PERIOD and shall notexceed the amount stated in the Declarations as AGGREGATE regardless of the time when suchCLAIM is paid In the event the MEMBER exercises the right to purchase the OPTIONAL EXTENSIONCOVERAGE the AGGREGATE limit for the OPTIONAL EXTENDED REPORTING PERIOD shall beno more than that which remains of the AGGREGATE limit from the immediately precedingCOVERAGE DOCUMENT PERIODB BODILY INJURY as used herein shall mean physical Injury to any person <strong>including</strong> death and mentalanguish associated with or arising from such physical injuryC CIVIL RIGHTS as used herein shall mean a personrights under the United States constitution or anystate constitution or laws affording a civil right of action for damages by reason of invasion of a civil rightor libertyD CLAIM as used herein shall mean a demand received by the MEMBER specifically for moneyDAMAGES service of suit or institution of arbitration proceedings against the MEMBERCLAIMS based on or arising out of the same error omission or negligent act or interrelated errorsomissions or negligent acts involving one or more of the MEMBERS shall be considered a singleCLAIM and a CLAIM so considered shall be deemed to have been made solely during the oneCOVERAGE DOCUMENT PERIOD which includes the time the CLAIM Is initially madeE CLAIMS EXPENSES as used herein shall mean1 Fees incurred by the POOL for an attomey designated by the POOL2 All other fees costs and expenses resulting from the investigation adjustment defense andappeal of a CLAIM if incurred by the POOL except for those fees costs and expenses ofemployees of the POOL or of the employees of the Texas Association of Counties or expenses ofthe regular claims adjustment contractor for the POOL3 Fees charged by any attorney designated by the MEMBER with the written consent of the POOLbut only as to those fees incurred after receipt by MEMBER of such written consent from thePOOL and4 Expenses incurred where the POOL in accordance with section I B 2 a of this COVERAGEDOCUMENT responds to a written request by NAMED MEMBER for preCLAIM involvement ofon behalfthe POOL prior to the formal existence of a CLAIM to perform work and incur expensesof the NAMED MEMBERF COVERAGE DOCUMENT as used herein shall mean this agreement between the POOL andMEMBER <strong>including</strong> any endorsements incorporated hereinG COVERAGE DOCUMENT PERIOD as used herein shall mean that oneyear period designatedDeclarations unless otherwise specified or such period as shortened by termination if anyin theIn the event the OPTIONAL EXTENDED REPORTING PERIOD coverage is purchased by theMEMBER it shall in no way increase the COVERAGE DOCUMENT PERIOD or any renewal thereofexcept that any OPTIONAL EXTENDED REPORTING PERIOD shall be included in the previousCOVERAGE DOCUMENT PERIOD for purposes of application of the AGGREGATE limit of the POOL sliabilityTAC RMP LE 111 10 4Board Approved 820 10


H DAMAGES as used herein shall mean actual and compensatory money damages only arising out ofan error omission or negligent act of MEMBER and does not include1 punitive or exemplary damages penalties fines restitution of any kind or sanctions2 attorneys fees and any costs charges fees or expenses of litigation if any such are demandedfrom MEMBER without an accompanying demand for other relief which would constituteDAMAGES or that portion of any attomeys fees and any costs charges fees or expenses oflitigation demanded from MEMBER which are attributed or attributable to any portion of a CLAIMexcluded under this COVERAGE DOCUMENT to any demand for relief other than for actual orcompensatory damages or to any demand or matter not covered under this COVERAGEDOCUMENTI EFFECTIVE DATE as used herein shall mean the date the COVERAGE DOCUMENT becomeseffective in a COVERAGE DOCUMENT PERIOD The EFFECTIVE DATE of any renewal of thisCOVERAGE DOCUMENT shall be considered the EFFECTIVE DATE of a new COVERAGEDOCUMENT PERIODJ JAIL as used herein shall mean any places or systems regularly used for the incarceration internmentor detention of persons either convicted or suspected of criminal conduct and any LAWENFORCEMENT ACTIVITIES associated with the operation of such places or systemsK LAW ENFORCEMENT ACTIVITY as used herein shall mean and is strictly limited to the followingactivities bya MEMBER Performance of the duties of PUBLIC EMPLOYMENT of a MEMBERL LIMIT OF LABILITY the LIMIT OF LIABILITY of the POOL for payment of DAMAGES shall be theapplicable Limit shown in the Declarations under Item C LIMITS OF LIABILITYM MEMBER as used herein shall mean only the following1 The NAMED MEMBER2 Each Law Enforcement Department or Agency named in the Declarations and which is dulyconstituted and operating under the jurisdiction of the NAMED MEMBER3 The individual law enforcement officers or other employeesor volunteers of each Law EnforcementDepartment or Agency set forth In the Declarations as are regularly employed or officially engagedin LAW ENFORCEMENT ACTIVITIES for such Department or Agency4 Other public officials employees and volunteers of NAMED MEMBER not <strong>including</strong> the DistrictAttomey or the District Judge but only with respect to a CLAIM or CLAIMSa rising out of errors omissions or negligent acts of the Law Enforcement Departments orAgencies named in the Declarations and only with respect to the activities of such personswhile in furtherance of the LAW ENFORCEMENT ACTIVITIES of the NAMED MEMBER orb arising out of errors omissions or negligent acts of public officials of the NAMED MEMBERin the making of the decisions conceming the budgeting or other provision of county fundsfor the conduct of activities of Law Enforcement Departments or Agencies named in theDeclarations5 The Juvenile Board but only if the Juvenile Board serves only the NAMED MEMBER s county Ifthe Juvenile Board serves more than one county the Juvenile Board is a MEMBER only if eachcounty represented on the Juvenile Board is a MEMBER of the POOL The individuals servingon the Juvenile Board are MEMBERS only if they are officials or employees or volunteers of theNAMED MEMBERTAC RMP LE 11 1 10 5Board Approved 820 10


N NAMED MEMBER as used herein shall mean a county or other political subdivision so designated inthe DeclarationsO NOTICE OF CLAIM as used herein shall mean one of the following whichever occurs first1 In the event of a lawsuit against the MEMBER notice of said suit by service of process orotherwise or2 The MEMBER obtains or receives knowledge or reason to believe that any error omission ornegligent act may reasonably be expected to result in a CLAIMP OPTIONAL EXTENSION COVERAGE as used herein shall mean the optional coverage that may bepurchased in the event the POOL or the NAMED MEMBER shall cancel or refuse to renew thisCOVERAGE DOCUMENT subject to the conditions as set forth in Part VI of this COVERAGEDOCUMENTQ OPTIONAL EXTENDED REPORTING PERIOD as used herein shall mean the period for which theNAMED MEMBER elects to purchase OPTIONAL EXTENSION COVERAGER PERSONAL INJURY as used herein shall mean1 False arrest false imprisonment wrongful detention wrongful eviction wrongful entryinvasion of the right of private occupancy or malicious prosecutionor other2 Wrongful or improper service of process3 Libel slander defamation of character or violation of an individual s right of privacyS POOL as used herein shall mean the Texas Association of Counties Risk Management POOLT PROPERTY DAMAGE as used herein shall mean1 Physical injury to or destruction of tangible property Including the loss of use thereof or2 Loss of use of tangible property which has not been physically injured or destroyedbut shall not mean effects on any real or personal property whether direct or indirect or consequentialwhich do not constitute physical injury destruction or loss of use of propertyU PUBLIC EMPLOYMENT as used herein shall mean the status of being a public employee a publicofficial or a volunteer of a Law Enforcement Department or Agency named in the Dedarations andacting within the course and scope of official duties of that particular public employee public official orvolunteer specifically for a Law Enforcement Department or Agency named in the Declarations Inaddition it shall mean the status of being a public employee or a public official of the NAMEDMEMBER but only with respect to a CLAIM or CLAIMS a arising out of errors omissions ornegligent acts of the Law Enforcement Departments or Agencies named In the Declarations and onlywith respect to the activities of such persons while in furtherance of the LAW ENFORCEMENTACTIVITIES of the NAMED MEMBER or b arising out of errors omissions or negligent acts ofpublic officials of the NAMED MEMBER in the making of the decisions conceming the budgeting orother provision of county funds for the conduct of activities of Law Enforcement departments orAgencies named in the DeclarationsTAC RMP LE 11 1 10 6Board Approved820 10


PART IIILIMITS OF LIABILITYALimits of liabilityRegardless of the number of1 MEMBERS involved in a CLAIM2 Persons or entitles who sustain DAMAGES or3 CLAIMS madethe POOL s liability to pay any DAMAGES or CLAIMS EXPENSES shall cease once the applicableLIMIT OF LIABILITY shown in the Declarations is exhausted In no event shall the POOL be required topay DAMAGES in excess of the applicable LIMIT OF LIABILITY shown in the Declarations inconnection with any CLAIM or CLAIMSCLAIMS based on or arising out of the same or related act s error s omissionor event s involvingone or more MEMBERS shall be considered a single CLAIM and only one deductible and one LIMIT OFLIABILITY shall be applicable to such CLAIM If MEMBER has or is a beneficiary of otherCOVERAGE DOCUMENTS through the POOL the POOL shall not be required to pay an amount inexcess of the appropriate LIMIT OF LIABILITY shown In the Declarations in connection with any CLAIMit being agreed by POOL and MEMBER that POOL coverages do not overlap with respect to payment ofDAMAGES or CLAIMS EXPENSESIn no event shall the POOL s total liability for DAMAGES for all CLAIMS during any one COVERAGEDOCUMENT PERIOD exceed the AGGREGATE stated in Item C LIMITS OF LIABILITY of theDeclarationsThe tender by the POOL of an amount which would exhaust either the LIMIT OF LIABILITY for anyCLAIM or the aggregate LIMIT OF LIABILITY applicable to all CLAIMS to the treasury of the NAMEDMEMBER or a person authorized to receive funds for the NAMED MEMBER or the registry of a court ofcompetent jurisdiction shall exhaust and terminate any responsibility or liability of the POOL to pay anyamounts for DAMAGES or CLAIMS EXPENSES with regard to such CLAIM or CLAIMSBSupplementary paymentsThe POOL will pay in addition to the applicable CLAIMS EXPENSES and the LIMIT OF LIABILITY asshown in Declarations1 Expenses incurred by the POOL s regular employees Texas Association of Counties TACemployees If any or regular claims adjustment contractors in the monitoring and supervision ofCLAIMS2 Interest but only on that portion of any judgment which does not exceed the POOL s LIMIT OFLIABILITY thereon which accrues after entry of the judgment and before the POOL has paid ortendered or deposited into the court registry that portion of the judgment which is the POOL sliability3 Up to 250 per bond premium on appeal bonds in any suit defended by the POOL and up to 250premium on bonds to release attachments in any such suit for an amount not in excess of theLIMIT OF LIABILITY However In accordance with its discretionary right to appeal the POOL shallhave the right but not the obligation to apply for or furnish any appeal bondCDeductibleThe POOL will pay only those DAMAGES and CLAIMS EXPENSES with regard to aCLAIM which are in excess of the Deductible amount s stated in the Declarations The Deductibleamount stated in Declarations shall be borne by NAMED MEMBER and shall not be bome by theTAC RMP LE 11 1 10 7Board Approved 820 10


POOL The NAMED MEMBER is wholly responsible for paying the entire Deductible shown in theDeclarations A MEMBER other than the NAMED MEMBER has no personal responsibility forpaying any portion of the Deductible and is fully covered for the amount of any liability not inexcess of100 000 as referenced in Texas Civil Practices and Remedies Code Section 108 002At the option and discretion of the POOL the POOL may pay all or part of the Deductible amount toeffect settlement and upon notification to the NAMED MEMBER NAMED MEMBER shall promptlyreimburse the POOL for all such expenditures If the POOL pays any CLAIMS EXPENSES whichfall within the Deductible amount stated in the Declarations the NAMED MEMBER upon notificationshall promptly reimburse the POOL for all such expendituresThe Deductible amount stated in the Declarations shall be applicable to each CLAIM involving eachMEMBER and shall include payments for DAMAGES and CLAIMS EXPENSESPART IVEXCLUSIONSAThis COVERAGE DOCUMENT does not apply to CLAIMS arising out of in whole or in part directly orindirectly or arising in concurrent cause with the following1 The ownership operation management use control repair maintenance demonstration loadingorunloading or entrustment to others of any motor vehicles of any kind aircraft watercraft or anymotor driven equipment and any policies practices customs usages or procedures related to theabove2 Fraud or dishonesty or any malicious or criminal act of any MEMBER3 Unfair discriminatory or unlawful practices relating to employment or to applicants for employmenttrainees or volunteers any errors omissions or negligent acts relating to employment <strong>including</strong> theprocesses of hiring and firing and the provision of wages and benefits any workrelated bodilyinjury of a MEMBER for which a claim for Worker s Compensation could be made4 Continuous or repeated exposure to the same or similar conditions in which any such exposureexisted or happened prior to the retroactive date set forth in the Declarations5 Any interference with or violation of property rights or a reduction or loss in the value of real orpersonal property other than PROPERTY DAMAGE nor to inverse condemnation takings asunderstood under any law adverse possession dedication by adverse use or nuisance nor to theintentional negligent or accidental discharge disbursal release or escape of pollutants or potentialpollutants <strong>including</strong> smoke vapors soot fumes acids alkalis toxins pathogens chemicalsparticulates fibers radioactivity or radiation whether thermal thermonuclear or otherwise solidsliquids or gases waste materials or irritants contaminants or other pollutants or potentialpollutants of any kind into or upon land any area below ground air the atmosphere or water norto demands or actions arising from any governmental direction or request that the MEMBER testfor monitor dean up remove contain analyze examine treat detoxify or neutralize pollutants orpotential pollutants However for purposes of this exclusion tear gas mace or similar substancesshall not be considered pollutants or potential pollutants when used or handled in the performanceof a LAW ENFORCEMENT ACTIVITY6 Any premise defect on the real property of MEMBER or on real property under the control ofMEMBER7 The performance or non performance of Judicial acts or judidal duties nor to the performance ornon performance of prosecutorial acts or prosecutorial dutiesBThis COVERAGE DOCUMENT also does not apply to1 Any CLAIM which alleges involves or arises from any Liabilities responsibilities duties or activitiesassumed undertaken or accepted by any MEMBER pursuant to any contract or agreementwhether written oral or implied This exclusion does not apply to CLAIMS brought against aTAC RMP LE 11 1 10 8Board Approved 82010


MEMBER that are otherwise covered under this COVERAGE DOCUMENT that arise from theLAW ENFORCEMENT ACTIVITIES of an employee of the NAMED MEMBER pursuant to amutual law enforcement assistance agreement so Tong as the employee has been assigned toperform such activities as part of his or her employment with the NAMED MEMBERFor the purposes of this provision employee means an individual who 1 is deputized orappointed by either the goveming body or an elected official of the NAMED MEMBER 2 is paid asalary by the NAMED MEMBER and 3 is entitled to receive as compensation from the NAMEDMEMBER the same benefits afforded to other employees of the NAMED MEMBER Under nocircumstances does this provision provide coverage to any individual who is not an employee of theNAMED MEMBER as defined in this sectionUnder no circumstances does this COVERAGE DOCUMENT provide coverage to any entity otherthan the NAMED MEMBER Coverage is not provided for any entity that is created by a mutual lawenforcement assistance agreement to which the NAMED MEMBER is aparty nor is coverageprovided to any other entity that enters into a mutual law enforcement assistance agreement withthe NAMED MEMBER The terms of a mutual law enforcement assistance agreement do notbecome a part of this COVERAGE DOCUMENT2 Any act service or duty for which an individual MEMBER is being compensated or otherwiseengaged other than by a Law Enforcement Department or Agency or other Agency named in theDeclarations However this provision shall not exclude a CLAIM arising out of performance of aLAW ENFORCEMENT ACTIVITY performed by MEMBER during a period of time for which saidMEMBER receives compensation from other than NAMED MEMBER if performance of such LAWENFORCEMENT ACTIVITY is undertaken on behalf of the NAMED MEMBER and if such LAWENFORCEMENT ACTIVITY and such compensation were authorized by NAMED MEMBER3 Any CLAIM for the return of money or other property seized held auctioned or sold by MEMBER<strong>including</strong> any forfeited money or other property or for the value of such money or other property4 Demands or actions seeking equitable relief or redress in any form other than money DAMAGESnor to actions or demands for costs charges attorneys fees or other fees or expenses in relationto any action suit or proceeding seeking relief or redress in any form other than moneyDAMAGES nor to any investigatory administrative disciplinary or criminal proceeding against aMEMBER5 Any CLAIM by or through any MEMBER against another MEMBER either individually orcollectively nor to any CLAIM by any public official on behalf of a MEMBER against any MEMBERnor to any CLAIM by any public official or any governmental department or agency against anyMEMBER nor to any CLAIM by a volunteer engaged in activities for any MEMBER against anyMEMBER nor to any CLAIM which alleges or involves PROPERTY DAMAGE to property of anyMEMBER or to property of any employee official agent or volunteer of the MEMBER arising out ofor in the course of activity with or employment by the MEMBER Including loss of use of propertyFor the purpose of this exclusion the term MEMBER includes an individual who was a MEMBERat the time the CLAIM arose6 Any medical malpractice claim <strong>including</strong> a health care liability claim as defined in Section74 001 of the Texas Civil Practice Remedies Code against a physician physicianassistantor other health careproviderPART VCONDITIONSTAC RMP LE 111 10 9Board Approved 820 10


A Compliance with Conditions If any MEMBER shall breach any warranty or condition of thisCOVERAGE DOCUMENT there shall be nocoverage <strong>including</strong> any obligation to defend for anyMEMBER as to the particular CLAIM or action in connection with which such breach occurredBCDeclarations The Declarations stated by POOL for any COVERAGE DOCUMENT PERIOD constituteterms and conditions for that COVERAGE DOCUMENT PERIOD and constitute part of theCOVERAGE DOCUMENT for such COVERAGE DOCUMENT PERIOD In the case of an extension ofcoverage the Declarations may be stated in the form of an extension endorsementDelivery of this COVERAGE DOCUMENT Delivery of this COVERAGE DOCUMENT to the NAMEDMEMBER shall be considered delivery to each MEMBER and the NAMED MEMBER is authorized byeach MEMBER to accept delivery on the MEMBER s behalfD Application for Coverage The Application and any Renewal Application for this coverage submittedto the POOL which is signed by MEMBER or its designated or authorized representative is part of thisCOVERAGE DOCUMENT for purposes of reliance by the POOL on information contained in theApplication Any substantial mistake or misrepresentation in such an Application for coverage which isrelied upon by the POOL terminates all the obligations of the POOL under this COVERAGEDOCUMENT <strong>including</strong> those of payment and defense The POOL may at its sole option elect towaive termination of any part of its obligationsEAssistance and Cooperation of the MEMBER1 The MEMBER shall assist and cooperate with the POOL and upon the request of the POOL or itsauthorized representative shall submit to examination by a representative of the POOL under oathif requested and shall attend hearings depositions and trials and shall assist in effectingsettlement securing and giving evidence obtaining the attendance of witnesses in the conduct ofsuits in giving written statements to the POOL s representatives and meeting with suchrepresentatives for the purpose of investigation andto the POOLor defense without charge2 The MEMBER shall not except at its own cost make any payment assume or admit any liabilitywaive any defense or settle any CLAIM or action or incur any expense without the written consentof the POOL first obtained Any such liabilities admitted assumed or settled defenses waived orany payments made or expenses <strong>including</strong> legal expenses incurred by MEMBER without priorwritten consent of the POOL shall be the sole obligation of the MEMBER3 Further MEMBER shall not demand or agree to arbitration or mediation of any CLAIM madeagainst MEMBER without written consent of the POOL first obtained4 Each MEMBER agrees to cooperate with the POOL in the prosecution of such CLAIMS suitsindemnity actions crossclaims andor counterclaims as the POOL in its sole discretion shalldeem to be appropriate with respect to any CLAIM or suit brought against any MEMBER and eachMEMBER agrees to execute such papers as are required to be executed in the defense of anyaction against any MEMBER or with respect to the prosecution of such CLAIMS suits indemnityactions cross claims and or counterdaims5 The NAMED MEMBER is authorized by each MEMBER to give and receive all notices to and fromthe POOL on the MEMBER s behalfF Notice to the POOL As a condition precedentshallunder this COVERAGE DOCUMENT the MEMBER1 Promptly and as soon asreasonably practicable report to the POOL all events or occurrenceswhich could reasonably be expected to result in the POOL being required to consider a CLAIMagainst MEMBER together with Information conceming any particulars known by MEMBERS and<strong>including</strong> any reasonably obtainable information with respect to persons events locations anddates involvedTACRMP LE 11 1 10 10Board Approved 820 10


2 Immediately upon receipt of a CLAIM or NOTICE OF CLAiM by MEMBER and during aCOVERAGE DOCUMENT PERIOD provide the POOL written notice of any CLAIM or NOTICEOF CLAIM made against said MEMBER together with information conceming any particularsknown by MEMBERS and <strong>including</strong> any reasonably obtainable information with respect to personsevents locations and dates involved3 In the event suit is brought against a MEMBER immediately forward to the POOL any demandnotice summons or other process received directly or indirectly by the MEMBER or by theMEMBER S representative along with a precise statement to the POOL of when such demandnotice summons or other process was received and by whom it was received4 Where conditions precedent in this paragraph require that notice be given to the POOLimmediately render such notice or report to the personor agent s specifically designated by thePOOL as authorized to receive such notice for the POOL it being expressly recognized andagreed that only notice rendered to an authorized recipient for the POOL can satisfy any noticerequirement hereinGAction Against the POOL1 No legal action may be brought against the POOL until there has been full compliance with allterms of this COVERAGE DOCUMENT In addition no action may be brought against the POOLin regard to any matter involving a CLAIM or suit or proceeding involving this COVERAGEDOCUMENT until the amount of the MEMBER s obligation with respect to the pertinent CLAIM orsuit or proceeding has been rendered certain either by final judgment against the MEMBER by thecourt of last resort after actual trial of the issues and appeal has been determined or if the time toappeal therefrom has expired without anappeal having been taken or has been made certain bywritten agreement of the MEMBER the claimant and the POOL2 Nothing contained in this COVERAGE DOCUMENT shall give the MEMBER or any person firmcorporation or organization other than the POOL any right to join the POOL as a party in any actionor proceeding against the MEMBER to determine the MEMBER s liability3 In no event shall any action be maintained against the POOL by the MEMBER or any other personunless such action is brought within two years and one day after such cause of action accruesH Subrogation In the event of any payment under this COVERAGE DOCUMENT the POOL shall besubrogated to all of the MEMBER s rights of indemnity or recovery therefor against any individual firmcorporation organization or any other person and the MEMBER shall execute and deliver suchinstruments and papers and do whatever else shall be reasonably requested to advance the POOL spursuit of its rights and MEMBERS shall do nothing after any CLAIM is made to prejudice such rightsThe POOL shall be entitled to take over and conduct in the name of the MEMBER for the POOL s ownbenefit any CLAIM to which the POOL is subrogated hereby against any third party The POOL maypursue or settle any such CLAiM for its own benefit at its sole discretionTermination andNon Provisions1 Termination by NAMED MEMBER This COVERAGE DOCUMENT may be terminated by theNAMED MEMBER by giving thirty 30 days written notice of termination of this COVERAGEDOCUMENT to the POOL Any notice of termination must be delivered by deposit in the U SMail certified retum receipt requested2 Termination by POOL This COVERAGE DOCUMENT may be terminated by the POOL at thePOOL S sole discretion by mailing to the NAMED MEMBER at the address shown in theDeclarations written notice of termination stating when such termination shall be effectiveHowever the effective date of termination shall be not Tess than sixty 60 days from the date ofmailing of the notice3 Upon termination of the Interlocal Participation Agreement or termination of this COVERAGEDOCUMENT pursuant to any particular provisions of the Interlocal Participation Agreement orwithdrawal or expulsion of NAMED MEMBER from the POOL pursuant to the POOL s Bylaws andTAC RMP LE 11110 11Board Approved 820 10


Plan of Operation this COVERAGE DOCUMENT shall terminate effective on the date of saidtermination withdrawal or expulsion4 The effective date and hour of termination stated in the notice shall be the end of the COVERAGEDOCUMENT If however the date and hour of termination stated in the notice of terminationgiven by either the POOL or the NAMED MEMBER does not meet the notice requirements of thissection then the notice shall be effective to terminate the COVERAGE DOCUMENT at the earliestdate and hour the noticing party could have properly designated as the termination date and hour inits notice5 Retained Contribution ProportionsaIf this COVERAGE DOCUMENT shall be terminated by the NAMED MEMBER the POOLshall retain the customary short rate proportion of the contributionbIf this COVERAGE DOCUMENT shall be terminated by or on behalf of the POOL the POOLshall retain the customary prorata proportion of the contribution6 NonRenewal The POOL in its sole discretion may choose not to renew this COVERAGEDOCUMENT by giving written notice to the NAMED MEMBER at least thirty 30 days prior to theend of the COVERAGE DOCUMENT PERIODJ Certain Modified Terms An increase in contribution or deductible or a reduction in LIMIT OFLIABILITY or AGGREGATE or addition of endorsements to thls COVERAGE DOCUMENT does notconstitute a termination or refusal to renew thls COVERAGE DOCUMENTKWaiver Notice to any agent or knowledge possessed by any agent or by any other person of any factcondition or other matter which might constitute grounds for denial of coverage shall not effect a waiveror a change in any part of this COVERAGE DOCUMENT or estop the POOL from asserting any rights<strong>including</strong> a right to deny coverage under this COVERAGE DOCUMENT nor shall the terms of thisCOVERAGE DOCUMENT be waived or changed except by a written endorsementLAssignment Assignment of any interest under this COVERAGE DOCUMENT shall not bind the POOLwithout its prior written consentMNOther Coverage or Insurance If there is or may be other coverage or insurance against any incidentloss or CLAIM for which coverage is afforded under this COVERAGE DOCUMENT the coverageprovided under this COVERAGE DOCUMENT shall be deemed to be excess over any valid andcollectible coverage or insurance available to any MEMBER against whom a CLAIM is madeMEMBERS shall respond promptly to any reasonable inquiries from the POOL concerning othercoverage or insurance that may be afforded to the MEMBER or certain MEMBERSPerfomiability In Travis <strong>County</strong> This agreement providing for law enforcement professional liabilitycoverage by the POOL has been executed in Travis <strong>County</strong> and is performable in Travis <strong>County</strong>O Entire Agreement The COVERAGE DOCUMENT the Bylaws and Plan of Operation and theInterlocal Participation Agreement for the POOL together constitute the entire coverage agreement andthis agreement cannot be modified except as agreed in writingPPayment Payment of contribution to POOL by NAMED MEMBER as consideration for this agreementshall be made as set forth In the DeclarationsPART VIEXTENDED REPORTING PERIODSIf the POOL shall terminate or refuse to renew this COVERAGE DOCUMENT for reasons other than theNAMED MEMBER s nonpayment of contributions and or deductibles or non compliance with the terms andTAC RMP LE 11110 12Board Approved820 10


conditions of this COVERAGE DOCUMENT or the NAMED MEMBER shall terminate or refuse to renewthis COVERAGE DOCUMENT the NAMED MEMBER upon payment of an additional contribution as setforth herein shall have the option to extend the claims made coverage afforded by this COVERAGEDOCUMENT to apply to CLAIMS first made against the NAMED MEMBER during the 12 month period orthe 24 month period immediately following the EFFECTIVE DATE of such termination Such OPTIONALEXTENDED REPORTING PERIOD is limited to and shall only be effective for purposes of any erroromission or negligent act committed prior to the date on which the OPTIONAL EXTENDED REPORTINGPERIOD commenced and after the retroactive date set forth in the Declarations and subject always to theterms conditions definitions limits of liability exdusions and deductible provisions of the COVERAGEDOCUMENT In effect on the date the OPTIONAL EXTENDED REPORTING PERIOD is exercisedWith respect to the triggering of the right to an OPTIONAL EXTENDED REPORTING PERIOD an increasein contribution or deductible or reduction in LIMIT OF LIABILITY or AGGREGATE does not constitute atermination or refusal to renew this COVERAGE DOCUMENTThe extension of coverage for CLAIMS made and reported subsequent to termination of the COVERAGEDOCUMENT shall be endorsed hereto if purchased and shall be referred to In this COVERAGEDOCUMENT as the OPTIONAL EXTENDED REPORTING PERIOD Individual CLAIMS made and reportedduring any OPTIONAL EXTENDED REPORTING PERIOD shall be deemed to have occurredduring the most recent COVERAGE DOCUMENT PERIOD and all terms of the COVERAGE DOCUMENTshall applyThe contribution for the OPTIONAL EXTENDED REPORTING PERIOD elected by the NAMED MEMBERshall beA for a 12 month OPTIONAL EXTENDED REPORTING PERIOD 100 percent of the full annualcontribution for coverage under this coverage documentB for a 24 month OPTIONAL EXTENDED REPORTING PERIOD 150 percent of the full annualcontribution for coverage under this COVERAGE DOCUMENTAs a condition precedent to the NAMED MEMBER s right to purchase the OPTIONAL EXTENDEDREPORTING PERIOD coverage the NAMED MEMBER must tender payment of all contributions and anyunpaid deductibles due for the preceding period of coverage The NAMED MEMBER s right to purchase theOPTIONAL EXTENDED REPORTING PERIOD coverage must be exercised by notice in writing andtendering of the contribution due not later than ten days after the termination of this COVERAGEDOCUMENT If such notice and contributions are not timely and properly made the NAMED MEMBER shallnot at a later date have any right to obtain an OPTIONAL EXTENDED REPORTING PERIODAt the commencement of any OPTIONAL EXTENDED REPORTING PERIOD the entire contributiontherefor shall be deemed eamed and in the event the NAMED MEMBER terminates the OPTIONALEXTENDED REPORTING PERIOD before the expiration of its full term for any reason the POOL shall notbe liable to retum to the NAMED MEMBER any portion of the contribution for the OPTIONAL EXTENDEDREPORTING PERIODTAC RMP LE 11 1 10 13Board Approved 820 10


McLennan <strong>County</strong>CRIME COVERAGE


TEXAS ASSOCIATION OF COUNTIESRISK MANAGEMENT POOLCRIME PROGRAMDECLARATIONS OF COVERAGEIN RETURN for the payment of the contribution and subject to all the terms of this coverage document the Pool agrees withthe Member to provide the coverage as stated in this coverage documentMEMBER NAME McLennan <strong>County</strong>501 Washington Ave Ste 214Waco TX 767011373COVERAGE DOCUMENT NO CR 1550 2011 09 30Orginal Inception Date September 30 2003Anniversary Adjustment Date September 30 2012Current Agreement Period From September 30 2011 To September 30 2012CONTRIBUTION AT INCEPTION OF CURRENT AGREEMENT PERIOD 8430In accordance with the terms and conditions ofthis Agreement the MemberAnniversary Adjustment Date specified aboveSCHEDULE OF COVERAGESs contribution will be subject to adjustmenton theThis Coverage Document provides only those coverages for which a contribution is charged belowLIMIT OFCOVERAGE OCCURRENCE DEDUCTIBLECOVERAGE FORM PER OCCURRENCE PER OCCURRENCE CONTRIBUTIONPublic Employee DishonestyCoverage 0 100 000 1000 7580Forgery or Alteration B 20 000 1000 608Theft Disappearance andDestruction C 20 000 1000 197Robbery and Safe Burglary D 20 000 1000 20Counterfeit Currency R 20 000 1000 25This Agreement is issued bystet K64 1 as authorized representative ofthe Pool on September 29 2011 at Austin TexasTACCR1MEJ01 08Board Approval829 07 Declarations Page 1


AfBp7 TEXAS ASSOCIATION Of COUNTIEScoups dRISK MANAGEMENT POOLCRIME COVERAGE DOCUMENTTABLE OF CONTENTSPageGENERAL PROVISIONS 2A General Exclusions 2B General Conditions 2C General Definitions 7COMMON COVERAGE DOCUMENT CONDITIONS 9PUBLIC EMPLOYEE DISHONESTY COVERAGE FORM COVERAGE FORM 0 11FORGERY OR ALTERATION COVERAGE FORM COVERAGE FORM B 14THEFT DISAPPEARANCE AND DESTRUCTION COVERAGE FORM COVERAGE FORM C 16ROBBERY AND SAFE BURGLARY COVERAGE FORM COVERAGE FORM D 19MONEY ORDERS AND COUNTERFEIT PAPER CURRENCY COVERAGE FORM 23COVERAGE FORM RTAC RMP CRIME 1 1 08Board Approved 82907


CRIME GENERAL PROVISIONSVarious provisions in this COVERAGE DOCUMENT restrict coverage Read the entire COVERAGEDOCUMENT carefully to determine rights duties and what is or is not coveredWords and phrases In quotation marks are defined In the COVERAGE DOCUMENTUnless stated otherwise in any Crime Coverage Form DECLARATIONS or endorsement the followingGeneral Exclusions General Conditions and General Definitions apply to all Crime Coverage Formsforming part of this COVERAGE DOCUMENTAGENERAL EXCLUSIONSThe POOL will not pay for loss as specified below1 Govemmental Action Loss resulting from seizure or destruction of property bygovemmental authority2 Indirect Loss Loss that is an Indirect result of any act or occurrence covered by thisCOVERAGE DOCUMENT <strong>including</strong> but not limited to loss resulting fromabThe MEMBER S inability to realize Income that the MEMBER would have realizedhad there been no loss of or loss from damage to Covered PropertyPayment of damages of any type for which the MEMBER Is legallyPOOL will pay compensatory damages arising directlyhereunderliable But thefrom a Toss coveredcPayment of costs fees or other expenses the MEMBER incurs in establishingeither the existence or the amount of loss hereunder3 Legal Expenses Expenses related to any legal action4 Nuclear Loss resulting from nuclear reaction nuclear radiation or radioactivecontamination or any related act or incident5 War and Similar Actions Loss resulting from war whether or not declared warlikeaction insurrection rebellion or revolution or any related act or incident6 PollutionBGENERAL CONDITIONS1 Consolidation Merger If through consolidation or merger with or purchasesome other entityof assets ofa Any additional persons become employees orbThe MEMBER acquires the use and control of any additional premisesany coverage afforded for employees or premises also appliesemployees and premises but only if the MEMBERto those additionalabGives the POOL written notice within thirty 30 days thereafter andPays the POOL an additional CONTRIBUTIONTAC RMP CRIME 1108 2Board Approved 829 07


2 Coverage Extensions Unless stated otherwise in the COVERAGE DOCUMENT thePOOL S liability under any Coverage Extension is part of not in addition to the Limit ofCoverage applying to the Coverage or Coverage Section3 Discovery Period for Loss The POOL will pay only for covered Toss discovered no laterthan one year from the end of the policy period4 Duties in the Event of Loss After the MEMBER discovers a loss or a situation that mayresult in loss of or loss from damage to Covered Property the MEMBER mustabNotify the POOL as soon as possibleSubmit to examination under oath at our request and give the POOL a signedstatement of the MEMBER S answerscGive the POOL a detailed swom proof of loss within 120 daysdeCooperate with the POOL in the investigation and settlement of any claimAid in pursuing recovery against third parties5 Joint MEMBERaIf more than one MEMBER is named in the DECLARATIONS the first namedMEMBER will act for itself and for every other MEMBER for all purposes of thiscoverage If the first named MEMBER ceases to be covered then the nextnamed MEMBER will become the first named MEMBERbIf any MEMBER or official of that MEMBER has knowledge of any informationrelevant to this coverage that knowledge is considered knowledge of everyMEMBERcAn employee of any MEMBER is considered to be an employee of everyMEMBERdIf thls COVERAGE DOCUMENT or any of its coverage forms is cancelled orterminated as to any MEMBER loss sustained by that MEMBER is covered onlyif discovered no later than one year from the date of that cancellation orterminationeThe POOL will not pay more for loss sustained by more than one MEMBER thanthe amount the POOL would pay if all the loss had been sustained by oneMEMBER6 Legal Action Against The POOL The MEMBER may not bring any legal action againstthe POOL involving lossa Unless the MEMBER has complied with all the terms of this COVERAGEDOCUMENT andbUntil 90 days after the MEMBER has filed proof of loss with the POOL andcUnless brought within 2 years from the date the MEMBER discovers the lossTAC RMP CRIME 1I 08 3Board Approved 82907


7 Loss Covered Under More Than One Coverage Form of This COVERAGE DOCUMENTIf two or moreCoverage Forms of this COVERAGE DOCUMENT apply to the same lossthe POOL will pay the lesser ofa The actual amount of loss orbThe sum of the limits of COVERAGE applicable to those Coverage Forms8 Loss Sustained During Prior Coverageor InsuranceaIf the MEMBER or any predecessor in interest sustained Toss during the periodof any prior coverage or insurance that the MEMBER or any predecessor inInterest could have recovered under that coverage or insurance except that thetime within which to discover loss had expired the POOL will pay for it under thiscoverage provided1 This coverage became effective at the time of cancellation or terminationof the prior coverage and2 This loss would have been covered by this coverage had it been in effectwhen the acts or events causing the Toss were committed or occurredbThe coverage under this Condition is part of not in addition to the Limits ofCoverage applying to this coverage and is limited to the lesser of the amountrecoverable under1 This coverageas of its effective date or2 The prior coverage or Insurance had it remained In effect9 Loss Covered Under This Coverage and Prior Coverage or Insurance Issued by ThePOOL or any AffiliateIf any loss Is coveredabPartly by this coverage andPartly by any prior cancelled or terminated coverage or insurance that the POOLor any affiliate had issued to the MEMBER or any predecessor in interestthe most the POOL will pay is the larger of the amount recoverable under this coverageorthe prior coverage or insurance10 Non Cumulation of Limit of CoverageRegardless of the number of years this coverage remains in force or the number ofCONTRIBUTIONS paid no Limit of Coverage cumulates from year to year or period toperiod11 Other Coverage or InsuranceThis coverage does not apply to loss recoverable or recovered under other coverageinsurance or indemnity However If the limit of the other coverage insurance orindemnity is Insufficient to cover the entire amount of the loss this coverage will apply tothat part of the loss other than that falling within any Deductible Amount not recoverableor recovered under the other coverage insurance or indemnity but not for more than theLimit of CoverageTAC RMP CRIME 1 1 08 4Board Approved 829 07


12 Ownership of Property Interest CoveredThe property covered hereunder is limited to propertyaThat the MEMBER owns or holds orbFor which the MEMBER would be legally liable for monetary damagesevent of loss or destructionin theHowever this coverage is for the MEMBER S benefit onlybenefits to any other person or organizationIt provides no rights or13 Agreement PeriodaThe Agreement Period is shown in the DECLARATIONSbSubject to the Loss Sustained During Prior Coverage or Insurance condition thePOOL will pay only for loss that the MEMBER sustains through acts committed orevents occurring during the Agreement Period14 RecordsThe MEMBER must keep records of all Covered Property so the POOL can verify theamount of any loss15 RecoveriesaAny recoveries less the cost of obtaining them made after settlement of Tosscovered hereunder will be distributed as follows1 To the MEMBER until the MEMBER is reimbursed for any loss that theMEMBER sustains that exceeds the Limit of Coverage and theDeductible Amount if any2 Then to the POOL until the POOL is reimbursed for the settlementmade3 Then to the MEMBER until the MEMBER is reimbursed for that part ofthe Toss equal to the Deductible Amount if anybRecoveries do not include any recovery1 From insurance suretyship reinsurance security or indemnity taken forthe POOL S benefit or2 Of original securities after duplicatesof them have been issued16 Territory This coverage covers only acts committed or events occurring within the UnitedStates of America17 Transfer of The MEMBER S Rights of Recovery Against Others to The POOL TheMEMBER must transfer to the POOL all the MEMBER S rights of recovery against anyperson or organization for any loss the MEMBER sustained and for which the POOL haspaid or settled The MEMBER must also do everything necessary to secure those rightsand do nothing after loss to impair themTAC RMP CRIME 11 08 5Board Approved 829 07


18 Valuation SettlementaSubject to the applicable Limit of Coverage provision the POOL will pay for1 Loss of money but only up to and <strong>including</strong> its face value The POOLmay at the POOL S option pay for loss of money issued by any countryother than the United States of AmericaabAt face value in the money issued by that country orIn the United States of America dollar equivalent on the day theloss was discovered2 Loss of securities but only up to and <strong>including</strong> their value at the close ofbusiness on the day the Toss was discovered The POOL mayPOOL S optionat theabPay the value of such securities or replace them in kind inwhich event the MEMBER must assign to the POOL all theMEMBER S rights title and interest in and to those securitiesPay the cost of any Lost Securities Bond required in connectionwith Issuing duplicates of the securities However the POOLwill be liable only for the payment of so much of the cost of thebond as would be charged for a bond having a penalty notexceeding the lesser of the1 Value of the securities at the close of business on theday the loss was discovered oriiLimit of Coverage3 Loss of or loss from damage to property other than money andsecurities or loss from damage to the premises for not more than theabActual cash value of the property on the day the loss wasdiscoveredCost of repairing the property or premises orcCost of replacing the property with propertyqualityof like kind andThe POOL may at the POOL S option pay the actual cash value of theproperty or repair or replace itIf the POOL cannot agree with the MEMBER upon the actual cash valueor the cost of repair or replacement the value or cost will be determinedby arbitrationbThe POOL may at the POOL S option pay for loss of or loss from damage toproperty other than money1 In the money of the country in which the loss occurred or2 In the United States of America dollar equivalent of the money of thecountry in which the loss occurred determined by the rate of exchange onthe day the loss was discoveredTAC RMP CRIME 1 1 08 6Board Approved 82907


cdAny property that the POOL pays for or replacesbecomes the POOL S propertyIn the event arbitration is utilized each party will select a competent and Impartialarbitrator The two arbitrators will select an umpire If they cannot agree for 15days upon such umpire either may request that selection be made by a judge ofa court having jurisdiction The arbitrators will state separately the value of theproperty and amount of loss If they fail to agree they will submit their differenceto the umpire A decision agreed to by any two will be binding Each party will1 Pay its chosen arbitrator and2 Bear the other expenses of the arbitration and umpire equallyIf the POOL submits to an arbitration the POOL will still retain the right to denythe claimCGENERAL DEFINITIONS1 Employee meansaAn officer of a MEMBERbAny natural person1 While in the MEMBER S service and for 30 days after termination ofservice and2 Whom the MEMBER compensates directly by salary wages orcommissions and3 Whom the MEMBER has the right to direct and control while performingservices for the MEMBER orcAny natural person employed by an employment contractor while that person issubject to the MEMBER S direction and control and performing services for theMEMBER excluding however any such person while having care and custody ofproperty outside the premisesBut employee does not mean anyaAgent broker factor commission merchant consignee independent contractoror representative of the same general character orbDirector officer or trustee except while performing acts coming within the scopeof the usual duties of an employee2 Money meansabCurrency coins and bank notes in current use and having a face value andTravelers checks register checks and money orders held for sale to the public3 Property Other Than Money and Securities means any tangible property other thanmoney and securities that has intrinsic value but does not include any property listed inany Coverage Form as Property Not CoveredTAC RMP CRIME 1 108 7Board Approved 82907


4 Securities means negotiable and non negotiable instruments or contracts representingeither money or other property and includesa Tokens tickets revenue and other stamps whether represented by actualstamps or unused value in a meter in current use andb Evidences of debt issued in connection with credit or charge cards which cardsare not issued by the MEMBERbut does not include moneyTAC RMP CRIME 1108 8Board Approved 82907


COMMON COVERAGE DOCUMENT CONDITIONSAll Coverage Forms included in this COVERAGE DOCUMENT are subject to the following conditionsACANCELLATION1 The MEMBER shown in the DECLARATIONS may cancel this COVERAGE DOCUMENTby mailing or delivering to the POOL advance written notice of cancellation2 The POOL may cancel this COVERAGE DOCUMENT by mailing or delivering to theMEMBER written notice of cancellation at leasta 10 days before the effective date of cancellation if the POOL cancels fornonpayment of CONTRIBUTION orb60 days before the effective date of cancellation if the POOL cancels for anyother reason3 The POOL will mail or deliver our notice to the MEMBER S last mailing address known tothe POOL4 Notice of cancellation will state the effective date of cancellation The Agreement periodwill end on that date5 If this COVERAGE DOCUMENT is cancelled the POOL will send the first NamedMEMBER any CONTRIBUTION refund due If the POOL cancels the refund will be prorata If the MEMBER cancels the refund may be Tess than pro rata The cancellation willbe effective even if the POOL has not made or offered a refund6 If notice is mailed proof of mailing will be sufficient proof of noticeBCHANGESThis COVERAGE DOCUMENT contains all the agreements between the MEMBER and thePOOL concerning the coverage afforded The MEMBER shown In the DECLARATIONS isauthorized to make changes in the terms of this COVERAGE DOCUMENT only with the POOL Sconsent This COVERAGE DOCUMENTS terms can be amended or waived only byendorsement issued by the POOL and made a part of this COVERAGE DOCUMENTCEXAMINATION OF THE MEMBER S BOOKS AND RECORDSThe POOL may examine and audit the MEMBER S books and records as they relate to thisCOVERAGE DOCUMENT at any time during the AGREEMENT period and up to three yearsafterwardDINSPECTIONS AND SURVEYSThe POOL has the right but is not obligated to1 Make inspections and surveys at any time2 Give the MEMBER reports on the conditions the POOL finds andTAC RMP CRIME 1 1 08 9Board Approved 82907


3 Recommend changesAny inspections surveys reports or recommendations relate only to insurability and theCONTRIBUTION to be charged The POOL does not make safety inspections The POOL doesnot undertake to perform the duty of any person or organization to provide for the health or safetyof workers or the public And the POOL does not warrant that conditions1 Are safe or healthful or2 Comply with laws regulations codes or standardsThis condition applies not only to the POOL its contractors agents and reinsurers but also to anyrating advisory rate service or similar organization which makes insurance inspections surveysreports or recommendationsECONTRIBUTIONSThe MEMBER shown in the DECLARATIONS1 Is responsible for the payment of all CONTRIBUTIONS and2 Will be the payee for any retum of CONTRIBUTIONS the POOL paysF TRANSFER OF THE MEMBER S RIGHTS AND DUTIES UNDER THIS COVERAGEDOCUMENTThe MEMBER S rights and duties under this COVERAGEwithout the POOL S written consentDOCUMENT may not be transferredTAC RMP CRIME 1 1 08 10Board Approved 829 07


PUBLIC EMPLOYEE DISHONESTY COVERAGE FORMCOVERAGE FORM0PER LOSSACOVERAGEThe POOL will pay for loss of and loss from damage to Covered Property resulting directly fromthe Covered Cause of Loss1 Covered Property Money securities and property other than money and securities2 Covered Cause of LossabEmployee dishonestyFailure of any employee to faithfully perform his or her duties as prescribed bylaw when such failure has as its direct and immediate result a loss of theMEMBER S Covered Property <strong>including</strong> inability to faithfully perform those dutiesbecause of a criminal act committed by a person other than an employee3 Coverage Extension and LimitationEmployees Temporarily Outside Coverage Territory The POOL will pay for loss causedby any employee while temporarily outside the territory specified in the Territory GeneralCondition for a period not more than 90 daysBLIMIT OF COVERAGEThe most the POOL will pay for loss in any one occurrence Is the applicable Limit of Coverageshown In the DECLARATIONSCDEDUCTIBLE1 The POOL will not pay for Toss in any one occurrence unless the amount of lossexceeds the Deductible Amount shown in the DECLARATIONS The POOL will then paythe amount of loss in excess of the Deductible Amount up to the Limit of Coverage2 The MEMBER mustabGive the POOL notice as soon as possible of any loss of the type covered underthis Coverage Form even though it falls entirely within the Deductible AmountUponthe POOL S request give the POOL a statement describing the TossDADDITIONAL EXCLUSIONS CONDITIONS AND DEFINITIONSIn addition to the Provisions in the Crime General Provisions Form this Coverage Form is subjectto the following1 Additional Exclusions The POOL will not pay for Toss or damages as specified belowTAC RMP CRIME 1 108 11Board Approved 82907


aEmployee Cancelled Under Prior Coverage or Insurance loss caused by anyemployee for whom similar prior coverageor insurance has been cancelled andnot reinstated since the last such cancellationb Inventory Shortages loss or that part of any loss the proof of which as to itsexistence or amount is dependent upon1 An inventory computation or2 A profit and Toss computationc Bonded Employee loss caused by any employee required byindividually bondedlaw to bed Treasurer or Tax Collector loss caused by a treasurer or tax collector bywhatever name knowneDamages damages for which the MEMBER is legally liable as a result of1 The deprivation or violation of the civil rights of any person by anemployee or2 The tortious conduct of an employee except conversion of property ofother parties held by the MEMBER in any capacityf Depository Failure Loss resulting from the failure of any entity acting as adepository for the MEMBER S property or property for which the MEMBER isresponsiblegPollution Damage or Losses Loss caused by employee or MEMBER conduct oromission which constitutes violation of any state or federal law regulation rule oradministrative order or common law duty and results in actual alleged orthreatened discharge release or escape of pollutants <strong>including</strong> any loss cost orexpense arising out of any governmental direction or request that the membertest for monitor deanup remove contain treat detoxify or neutralize pollutants2 Additional ConditionsaCancellation As To Any EmployeeThis insurance is cancelled as to any employee1 Immediately upon discovery by the MEMBER or any official or employeeauthorized to manage govern or control the MEMBERS employees ofany act on the part of an employee whether before or after becomingemployed by the POOL which would constitute a loss covered under theterms of this Coverage Form2 On the date specified in a notice mailed to the MEMBER That date willbe at least 60 days after the date of mailingThe mailing of notice to the MEMBER at the last mailing address known to the POOL willbe sufficient proof of notice Delivery of notice is the same as mailingTAC RMPCxIME 1100 12Board Approved 82907


No legalproceeding of any kind to recover on account of Toss under this coverage may bebrought by anyone other than the MEMBERb Sole Benefit This coverage is for the MEMBER S sole benefitcIndemnification The POOL will indemnify any of the MEMBER S officials who arerequired by law to give bonds for the faithful performance of their service againstToss through the failure of any employee under the supervision of that official tofaithfully perform his or her duties as prescribed by law when such failure has asIts direct and immediate result a loss of the MEMBER S Covered Property<strong>including</strong> inability to faithfully perform those duties because of a criminal actcommitted by a person other than an employee3 Additional DefinitionsaEmployee Dishonesty in paragraph A2 means only dishonest acts committedby an employee whether identified or not acting alone or in collusion with otherpersons with the manifest intent to1 Cause the MEMBER to sustain Toss and also2 Obtain financial benefit other than salaries commissions fees bonusespromotions awards profit sharing pensions or other employee benefitseamed in the normal cause of employment forabThe employee orAny person or organization other than the employing politicalsubdivisions intended by the employee to receive that benefitbOccurrence means all Toss caused by or involving one or more employeeswhether the result of a single act or series of actsTAC RMP CRIME 1 108 13Board Approved 82907


FORGERY OR ALTERATION COVERAGE FORMCOVERAGE FORM BACOVERAGEThe POOL will pay for Toss involving Covered Instruments resulting directly from the CoveredCauses of Loss1 Covered Instruments Checks drafts promissory notes or similar written promisesorders or directions to pay a sum certain in money that areaMade or drawn by or drawn upon the MEMBERbMade or drawn by one actingas the MEMBER S agent orthat are purported to have been so made or drawn2 Covered Causes Of Loss Forgery or alteration of on or in any Covered Instrument3 Coverage ExtensionLegal Expenses If the MEMBER is sued for refusing to pay any Covered Instrument onthe basis that it has been forged or altered and the MEMBER has the POOL S writtenconsent to defend against the suit the POOL will pay for any reasonable legal expensesthat the MEMBER incurs and pay in that defense The amount the POOL will pay underthis extension is in addition to the Limit of Coverage applicable to this coverageBLIMIT OF COVERAGEThe most the POOL will pay for loss in any one occurrence is the applicable Limit of Coverageshown in the DECLARATIONSCDEDUCTIBLEThe POOL will not pay for loss in any one occurrence unless the amount of loss exceeds theDeductible Amount shown in the DECLARATIONS The POOL will then pay the amount of loss inexcess of the Deductible Amount up to the Limit of Coverage This provision does not apply tolegal expenses paid under the Coverage ExtensionDADDITIONAL EXCLUSIONS CONDITIONS AND DEFINITIONSIn addition to the provisions In the Crime General Provisions Form this Coverage Form is alsosubject to the following1 Additional ExclusionActs of Employees <strong>Office</strong>rs Directors or Trustees The POOL will not pay for lossresulting from any dishonest or criminal act committed by any of the MEMBER Semployees officers directors or trusteesaWhether acting alone or in collusion with other persons orbWhether while performing services for the MEMBER or otherwise2 Additional ConditionsTAC RMP CRIME 1108 14Board Approved 82907


a Facsimile Signatures The POOL will treat mechanically reproduced facsimilesignatures the same as handwritten signaturesb General Amendment As respects this Coverage Form the words CoveredProperty in the Crime General Provisions Form mean Covered Instrumentsc Proof of Loss The POOL must include with the MEMBERS proof of Toss anyinstrument involved in that Toss or if that is not possible an affidavit setting forththe amount and cause of lossd Territory The POOL will cover loss the MEMBER sustains anywhereworldin theThe Territory General Condition does not apply to this Coverage Form3 Additional DefinitionOccurrence means all loss caused by any person or in which that person is involvedwhether the Toss involves one or more instrumentsTAC RMP CRIME 1 1 08 15Board Approved 829 07


THEFT DISAPPEARANCE AND DESTRUCTION COVERAGE FORMCOVERAGE FORM CACOVERAGEThe POOL will pay for Toss of Covered Property resulting directly from the Covered Causes ofLoss1 Section 1 Inside The Premisesa Covered Property Money and securities inside the premises or a bankingpremisesbCovered Causes of Loss1 Theft2 Disappearance3 DestructioncCoverage Extensions1 Containers of Covered Property The POOL will pay for loss of and lossfrom damage to a locked safe vault cash register cash box or cashdrawer located in the premises resulting directly from an actual orattemptedabTheft of orUnlawful entry into those containersto the2 Premises Damage The POOL will pay for Toss from damagepremises or its exterior resulting directly from an actual or attemptedtheft of Covered Property if the MEMBER is the owner of the premisesor is liable for damage to it2 Section 2 Outside the Premisesa Covered Property Money and securities outside the premises in the careand custody of a messengerbCovered Causes of Loss1 Theft2 Disappearance3 DestructionTAC RMP CRIME 1108 16Board Approved 82907


cCoverage ExtensionConveyance of Property By Armored Motor Vehicle Company The POOL willpay for Toss of Covered Property resulting directly from the Covered Causes ofLoss while outside the premises in the care and custody of an armored motorvehicle companyBut the POOL will pay onlyrecoverfor the amount of loss that the MEMBER cannot1 Under the MEMBERS contract with the armored motor vehicle companyand2 From any insurance or indemnity carried by or for the benefit ofcustomers of the armored motor vehicle companyBLIMIT OF COVERAGEThe most the POOL will pay for Toss in any one occurrence is the applicable Limit of Coverageshown in the DECLARATIONSCDEDUCTIBLEThe POOL will not pay for loss in anyone occurrence unless the amount of loss exceeds theDeductible Amount shown in the DECLARATIONS The POOL will then pay the amount of loss inexcess of the Deductible Amount up to the Limit of CoverageD ADDITIONAL EXCLUSIONS CONDITIONS AND DEFINITIONS In addition to the provisions inthe Crime General Provisions Form this Coverage Form is subject to the following1 Additional Exclusions The POOL will not pay for loss as specified belowa Accounting or Arithmetical Errors or Omissions Loss resulting from accountingor arithmetical errors or omissionsb Acts of Employees Directors Trustees or Representatives Loss resulting fromany dishonest or criminal act committed by any of the MEMBER S employeesdirectors trustees or authorized representatives1 Acting alone or in collusion with other persons or2 While performing services for the MEMBER or otherwisecExchanges or Purchases Loss resulting from the giving or surrendering ofproperty in any exchange or purchasedFire Loss from damage to the premises resulting from fire however causede Money Operated Devices Loss of property contained in any money operateddevice unless the amount of money deposited in it is recorded by a continuousrecording instrument in the devicefTransfer or Surrender of Property1 Loss of property after it has been transferred or surrendered to a personor place outside the premises or banking premisesTAC RMP CRIME 1 108 17Board Approved 82907


abOn the basis of unauthorized instructions orAs a result of a threat to do1 Bodily harm to any person oriiDamage to any property2 But this exclusion does not apply under COVERAGE Section 2 to Toss ofCovered Property while outside the premises or banking premises in thecare and custody of a messenger If the MEMBERa Had no knowledge of any threat at the time the conveyance began orb Had knowledge of a threat at the time the conveyance beganloss was not related to the threatbut theg Vandalism Loss from damage to the premises or its exterior or to containers ofCovered Property by vandalism or malicious mischiefhVoluntary Parting of Title to or Possession of Property Loss resulting from theMEMBER or anyone acting on the MEMBER S express or implied authority beinginduced by any dishonest act to voluntarily part with title to or possession of anyproperty2 Additional ConditionDuties in the Event of Loss If the MEMBER has reason to believe that any loss of or Toss fromdamage to Covered Property involves a violation of law the MEMBER must notify the police3 Additional DefinitionsaBanking Premises means the interior of that portion of any building occupied byabanking institution or similar safe depositorybMessenger means the MEMBER or any employee while havingcustody of the property outside the premisescare andcOccurrence means an1 Act or series of related acts involving one or more persons or2 Act or event or a series of related acts or events not involvingany persondePremises means the interior of that portion of any building the MEMBERoccupies in conducting the MEMBER S businessTheft means any act of stealingTAC RMP CRIME 11 08 18Board Approved 82907


ROBBERY AND SAFE BURGLARY COVERAGE FORMCOVERAGE FORM DACOVERAGEThe POOL will pay for loss of and loss from damage to Covered Property resulting directly fromthe Covered Causes of Loss1 Section 1 Inside The PremisesaRobbery of a Custodian1 Covered Property Property other than money and securities inside thepremises in the care and custody of a custodian2 Property Not Covered Motor vehicles trailers or semi trailers orequipment and accessories attached to them3 Covered Cause of Loss Actual or attempted robbery4 Coverage ExtensionPremises Damage The POOL will pay for loss from damage to thepremises or its exterior resulting directly from the Covered Cause ofLoss if the MEMBER is the owner of the premises or is liable fordamage to itbSafe Burglary1 Covered Property Property other than money and securities inside thepremises in a safe or vault2 Covered Cause of Loss Actual orattempted safe burglary3 Coverage ExtensionPremises Safe and Vault Damagedamage toThe POOL will payfor loss fromabThe premises or its exterior orA locked safe or vault located inside the premises2 Section 2 Outside The Premisesresulting directly from the Covered Cause of Loss if the MEMBER is theowner of the property or liable for damage to ita Covered Property Property other than money and securities outside thepremises in the care and custody of a messengerb Property Not Covered Motor vehides trailers or semi trailers or equipment andaccessories attached to themcCovered Cause of Loss Actual or attempted robberyTAC RMP CREME 1 1 08 19Board Approved 829 07


dCoverage ExtensionConveyance Of Property By Armored Motor Vehicle Company The POOL willpay for loss of and loss from damage to Covered Property resulting from theCovered Cause of Loss while outside the premises in the care and custody ofan armored motor vehide companyBut the POOL will pay only for the amount of loss the MEMBER cannot recover1 Under the MEMBER S contract with the armored motor vehicle companyand2 From any insurance or indemnity carried by or for the benefit ofcustomers of the armored motor vehicle companyBUMIT OF COVERAGEThe most the POOL will pay for Toss in any one occurrence is the applicable Limit of Coverageshown in the DECLARATIONSCDEDUCTIBLEThe POOL will not pay for loss in any one occurrence unless the amount of loss exceeds theDeductible Amount shown in the DECLARATIONS The POOL will then pay the amount of loss inexcess of the Deductible Amount up to the Limit of CoverageD ADDITIONAL EXCLUSIONS CONDITIONS AND DEFINITIONS In addition to the provisions inthe Crime General Provisions Form this Coverage Form is subject to the following1 Additional Exclusions The POOL will not pay for loss as specified belowa Acts of Employees <strong>Office</strong>rs Directors Trustees or Representatives Lossresulting from any dishonest or criminal act committed by any of the MEMBER Semployees directors trustees or authorized representatives1 Acting alone or in collusion with other persons or2 While performingservices for the MEMBER or otherwiseb Fire Loss resulting from fire however caused except Toss from damage to asafe or vaultcTransfer or Surrender of Property1 Loss of or loss from damage to property after it has been transferred orsurrendered to a person or place outside the premisesabOn the basis of unauthorized instructions orAs a result of a threat to doiiiBodily harm to any person orDamage to any propertyTAC RMP CRIME 1108 20Board Approved 82907


2 But this exclusion does not apply under COVERAGE Section 2 to lossof Covered Property while outside the premises in the care and custodyof amessenger if the MEMBERabHad no knowledge of any threat at the time the conveyancebegan orHad knowledge of a threat at the time the conveyance began butthe loss was not related to the threatd Vandalism Loss from damage to any property bymischiefvandalism or malicious2 Additional Conditionsa Duties in the Event of Loss If the MEMBER has reason to believe that any lossof or Toss from damage to Covered Property involves a violation of law theMEMBER must notify the policeb Special Limit of Insurance for Specified Property The POOL will only pay up to1000 for any one occurrence of loss of and Toss from damage to3 Additional Definitions1 Precious metals precious or semi precious stones pearls furs orcompleted or partially completed articles made of or containing suchmaterials that constitute the principal value of such articles or2 Manuscripts drawings or records of any kind or the cost ofreconstructing them or reproducing any information contained in themaCustodian means the MEMBER or any employee while having care andcustody of the property inside the premises excluding any person while actingas a watchperson or janitorbMessenger means the MEMBER or any employee while havingcustody of the property outside the premisescare andcOccurrence means art1 Act or series of related acts involving one or more persons or2 Act or event or a series of related acts or events not involving anypersondPremises means the interior of that portion of any buildingoccupies in conducting the MEMBER S businessthe MEMBEReRobbery means the taking of property from the care and custody of a person byone who has1 Caused or threatened to cause that person bodily harm or2 Committed an obviously unlawful act witnessed by that personTAC RMP CRIME 1 1 08 21Board Approved 82907


fSafe Burglary means the taking of1 Property from within a locked safe or vault by a person unlawfullyentering the safe or vault as evidenced by marks of forcible entry upon itsexterior and2 A safe or vault from inside the premisesgWatchperson means any person the MEMBER retains specifically to have careand custody of property inside the premises and who has no other dutiesTAC RMP CRIME 1 1 08 22Board Approved 829 07


MONEY ORDERS AND COUNTERFEIT PAPERCURRENCY COVERAGE FORMCOVERAGE FORM RACOVERAGEThe POOL will pay for loss due to the acquisition of Covered Property resulting directly from theCovered Cause of Loss1 Covered PropertyaMoney orders <strong>including</strong> counterfeit money orders of any United States orCanadian post office express company or national or state or Canadianchartered bank andbCounterfeit United States or Canadian paper currency2 Covered Cause of LossAcceptance in good faith in exchange for merchandise money or services ofabAny money order that is not paid upon presentation andCounterfeit United States or Canadian paper currencythat is acquired during the regular course of businessBCLIMIT OF COVERAGEThe most the POOL will pay for loss in any one occurrence is the applicable Limit of Coverageshown in the DeclarationsDEDUCTIBLEThe POOL will not pay for loss in any one occurrence unless the amount of loss exceeds theDeductible Amount shown in the Declarations The POOL will then pay the amount of loss inexcess of the Deductible Amount up to the Limit of CoverageDADDITIONAL EXCLUSIONS CONDITION AND DEFINITIONIn addition to the provision in the Crime General Provisions the Coverage Form is subject to thefollowing1 Additional Exclusions The POOL will not pay for loss as specified belowaActs of Employees Directors Trustees or RepresentativesLoss resulting from any dishonest or criminal act committed by any of youremployees directors trustees or authorized representatives1 Acting alone or in collusion with other persons or2 While performing services for you or otherwisebcExchanges or PurchasesLoss resulting from the giving or surrendering of property in any exchange orpurchaseVoluntary Parting of Title or Possession Of PropertyLoss resulting from your or anyone acting on your express or implied authority beinginduced by any dishonest act to voluntarily part with title to or possession of anyproperty2 Additional ConditionTAC RMP CRIME 1 1 08 23Board Approved 82907


Duties In The Event of Loss If you have any reason to believe that any loss of or loss fromdamage to Covered Property involves a violation of law you must notify the police3 Additional DefinitionOccurrence means anaAct or series of related acts involving one or more persons orbAct or event or series of related acts or events not involving any personTAC RMP CRIMEI 1 08 24Board Approved 829 07


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MatthewDRavesMember Services Representativepssoo 512 1738753 800 156 Et nierz 5 12 178 1126 fax121 San Antonio 10 IRON 2131Austin IN 787111 Austin IX 787682131wOu14rnattlu wr cuc ruuttiv nrgr9FUNSDOCT 18 2011JA ANDY HARWELL MgtMJ nnan<strong>County</strong> T e3By KELLY FULI BRIGHT DEPUTY


ORDER APPROVINGAUTHORIZATION OF RESOLUTION RELATIVETO CUC POLICY COMMITTEE NOMINATIONOn this the 18 day of October 2011Resolution relative to CUC Policycame on for consideration the matter of Authorization ofCommittee Nomination Commissioner Mashek made amotion to approve and it was seconded by Commissioner Gibson and duly passed by unanimousvote It is ordered by the Court that said Authorization be and the same is hereby approved


RESOLUTION of the MCLENNAN COUNTY COMMISSIONERS COURTRELATIVE to CUC POLICY COMMITTEE NOMINATIONWHEREAS The Texas Conference of Urban Counties was establishedto represent the interests of the urban counties in Texas and is reliant onmember participation to continue to be effective in impacting state policydecisions andWHEREAS McLennan <strong>County</strong> has found participationCounties to be of great benefit to McLennan <strong>County</strong>general andin the Urbanand to urban counties inWHEREAS the Texas Conference of Urban Counties membership hasrecognized the value of <strong>including</strong> county commissioners courts in the nominatingprocess for the Policy Committee andWHEREAS McLennan <strong>County</strong> wishes to ensure that the Urban CountiesPolicy Committee has members who have the full support of their respectivecommissioners courts andWHEREAS <strong>County</strong> Judge Jim Lewis has expressedcontinuing to serve on the Policy Committee to representMcLennan <strong>County</strong> in the policy development processUrban Countiesan interest inthe interest ofof the Texas Conference ofNOW THEREFORE BE IT RESOLVED that the Commissioners Court ofMcLennan <strong>County</strong> hereby nominates <strong>County</strong> Judge Jim Lewis to serve onthe CUC Policy Committee for the 20122013 bienniumWITNESSED OUR HAND AND SEAL this dayof 2011JIM LEWIS Coty JudgeKELLY SN LL omm Pct 1 LESTER GIBSON Comm Pct 27LrifJtarrSHEK Comm Pct 3 BEN PERRY om u4 ct 4dmAttestJ A Andy Harwell <strong>County</strong> ClerkM n an ounJ as OCT 18 2011B D yuty <strong>County</strong> ClerkJA ANDY HARWELL Deuni IOBAALennan Count Temaet LY FUI i i DEPUTY


AGENDA OCTOBER 18 2011IIICONSIDERATION OF ANDOR ACTION ON THE FOLLOWINGL CONSENT AGENDA ITEMS2 Financial Obligations ofMcLennan <strong>County</strong>a Authorization for <strong>County</strong> Treasurer toPay <strong>County</strong> Checks Wire ApprovedElectronic Transfers Issued Since Last AuthorizationSee after OrderRecessing nearofmeetingb<strong>County</strong> Treasurer and or <strong>County</strong> <strong>Budget</strong> <strong>Office</strong>r InterestInvestment Reports Authorizations Recording of McLennan<strong>County</strong> Investment Policy Acknowledgment FormsCash Account Balance ReportPooled1 Authorization of Addition of Positive Pay Service for Online DeferredBanking as a Service under the <strong>County</strong> Agreement with itsDepository Bank Approval for <strong>County</strong> Judge <strong>County</strong>Treasurer and other required Officials if any to Executesuch Instruments as areNecessary to Activate the Service5 Travel and or Education Requests Ratificationsd Tax <strong>Office</strong> Deferred7 Commissioners Court consideration of and or Action ona Authorizations re Order Prohibiting Outdoor BurningUnincorporated Areas of McLennan <strong>County</strong>in theContinuedCD107922


The Court discussed L 2 a and decided to come back to item after Order Recessing


ORDER DEFERRINGAUTHORIZATION OF ADDITION OF POSITIVE PAYSERVICE FOR ONLINE BANKING AS A SERVICE UNDERTHE COUNTY AGREEMENT WITH ITS DEPOSITORY BANKAPPROVAL OF COUNTY JUDGE COUNTY TREASURER ANDOTHER REQUIRED OFFICIALS IF ANY TO EXECUTE SUCHINSTRUMENTS AS ARE NECESSARY TO ACTIVATE THE SERVICEOn this the 18 day of October 2011came on for consideration the matter of Authorization ofAddition of Positive Pay Service for Online Banking as a Service under the <strong>County</strong> Agreementwith its Depository Bank Approval of <strong>County</strong> Judge <strong>County</strong> Treasurer and other requiredOfficials if any to Execute such Instruments as areNecessaryto Activate the ServiceCommissioner Mashek made a motion to defer and it was seconded byCommissioner Gibsonand duly passed by unanimous vote It is ordered by the Court that said Authorization be and thesame is hereby deferred


ORDER DEFERRING TRAVEL AND EDUCATION REOUESTTAX OFFICEOn this the 18 day of October 2011came on for consideration the matter of Travel and or EducationRequests Ratifications Tax <strong>Office</strong> After discussion Commissioner Mashek made a motion to deferand it was seconded by Commissioner Snell and duly passed by unanimous vote It is ordered by theCourt that said Travel Request be and the same is hereby deferred


ORDER APPROVING CONTINUATION OF THEORDER PROHIBITING THE OUTDOOR BURNING INTHE UNINCORPORATED AREAS OF MCLENNAN COUNTYOn this the 18 day of October 2011 came on for Authorizations re Order Prohibiting theOutdoor Burning in the Unincorporated Areas of McLennan <strong>County</strong> if necessary Afterdiscussion Commissioner Gibson made a motion to keep it Order Prohibitingthe OutdoorBurning in place but understanding the authority of the <strong>County</strong> Judge can make an independentdecision to lift it if he so sees fit and it was seconded by Commissioner Snell and duly passed byunanimous vote It is ordered by the Court that said Order Prohibiting the Outdoor Burningin theUnincorporated Areas of McLennan <strong>County</strong> be and the same is hereby approved


ORDER RECESSING SPECIAL SESSIONOn this the18 day of October 2011 at 932oclock am the <strong>County</strong> JudgeJim Lewisannounced that this meeting of October 18 2011 stands in recess for 10 minutesORDER RECONVENING SPECIAL SESSIONOn this the18 day of October 2011 at 944oclock am the Court reconvened in SpecialSession present and presiding the <strong>County</strong> Judge Jim Lewis and Commissioners Kelly SnellLester Gibson Joe Mashek and Ben Perry and the Clerk thereof being in attendance thefollowing proceedingswere had and done towit


ORDER APPROVING PAYMENT OF FINANCIAL OBLIGATIONSAND AUTHORIZING THE COUNTY TREASURER TO PAYCOUNTY CHECKS OCTOBER 17 2011On this the 18 day of October 2011 came on for consideration the matter of approving paymentof FinancialObligations and authorizing the <strong>County</strong> Treasurer to pay <strong>County</strong> Checks for October 17 2011 Judge Lewisstated that he needed to abstain Commissioner Gibson presided as <strong>County</strong> JudgePro Tem CommissionerMashek made a motion to approve and it was seconded by Commissioner Snell A vote being called forvoting in favor of said motion was Commissioners Mashek Snell and Perry and <strong>County</strong> JudgePro TemGibson with Judge Lewis abstaining It is ordered by the Court that said Financial Obligations andAuthorization of the <strong>County</strong> Treasurer be and the same are hereby approved by majority vote


Order of the Commissioners Courtof McLennan <strong>County</strong>In accordance with Local Government Code Section 113 041 a the Commissioners Court ofMcLennan <strong>County</strong> hereby directs the <strong>County</strong> Treasurer to release the checks to liquidate theobligations of McLennan <strong>County</strong> Texas represented by the claims supporting the followingchecks drawn on the McLennan <strong>County</strong> TreasuryDate Checks will be Number of Total Amount ofPrinted Invoices Invoices101711 639 868 473 04GRAND TOTAL 868 473 04Approved and ordered by the McLennan <strong>County</strong> Commissioners Courton this the day of a J 2011ten4OCT18 2011JA ANDY HARWELL Calftial@Igrit M<strong>County</strong> Tessa ElKELLY FULL BRIGHT DEPUTY


AFFIDAVIT OF JIM LEWISSTATE OF TEXASCOUNTY OF McLENNANBEFORE ME the undersigned official on this day personally appeared JimLewis who is personally known to me and first being duly sworn accordingly to lawupon his oath deposed and said My name is Jim Lewis I am over 18 years of age I amcompetent in every way to make this affidavit and do so with personal knowledgefacts herein The facts stated herein are to my own personal knowledgeI have never been convicted of a felonyor crime involving moral turpitudeof alltrue and correctI serve as the duly elected <strong>County</strong> Judge in McLennan <strong>County</strong>consideration at the regular meeting of the Commissioners Court on cQj20 li is the Authorization of<strong>County</strong> Treasurer to Pay <strong>County</strong>Texas Due forfChecks Issued Since LastAuthorization In the event a check is issued to the First National Bank of Central Texasit is my desire and intent to abstain from any vote due to my nomination to the FirstNational Bank of Central Texas Board of DirectorsThis affidavit is made and submitted pursuant to Chapter 171 of the LocalGovernment Code and is to be submitted to and filed with the <strong>County</strong> Clerk as officialcounty record keeper prior to any vote on the matter described hereinFurther affiant sayeth notIANTSWORN TO AND SUBSCRIBED before me by Jim Lewis on this the a day ofC t6xSEAL1ROBIN L MILESop01 t Notary Public State of TexastCar Notary P blic S e of TexasMy Commission Expires OCT 18 201108 26 2014JA ANDY HARWELL <strong>County</strong> OakAtannan <strong>County</strong> TamBy KELLY FULLLBRIOHT DEPUTY


Judge Lewis resumed his duty as Presiding Judge


ORDER ADJOURNING SPECIAL SESSIONOn this the 18 day of October 2011 at945oclockam <strong>County</strong> JudgeJim Lewis announced thatthe meeting of October 18 2011 is adjourned


ITEMS DEFERRED AGENDA OCTOBER 18 2011On this the 18 day of October 2011 upon motion made seconded and duly passed byunanimous ormajority vote it is ordered by the Court that the following Items on the Agenda for October 18 2011be and the same are hereby deferredIII CONSIDERATION OF ANDOR ACTION ON THE FOLLOWINGCITEMS PREVIOUSLY DEFERRED3 Contracts AgreementsaApproval of Administrative Services Agreement betweenHealth Plan regardingAssistance in Administering the <strong>County</strong> sMcLennan <strong>County</strong> and Scott Whitefor Health Coverage related documents4 <strong>County</strong> SheriSelf Insurance Plana Authorizations re Renewal of Agreement for MedicalDirector Physician Servicesb Re Inmate Food Services Agreement The Compass GroupUSA Inc by and through Canteen Correctional ServicesDivision COMPASS Authorization of First Amendmentfor FY 12L CONSENT AGENDA ITEMS2 Financial Obligations of McLennan <strong>County</strong>b <strong>County</strong> Treasurer and or <strong>County</strong> <strong>Budget</strong> <strong>Office</strong>r InterestInvestment Reports Authorizations Recording<strong>County</strong> Investment Policy Acknowledgment FormsCash Account Balance Reportof McLennanPooled1 Authorization of Addition of Positive Pay Service for OnlineBanking as a Service under the <strong>County</strong> Agreement with itsDepository Bank Approval for <strong>County</strong> Judge <strong>County</strong> Treasurerand other required Officials if any to Execute such Instrumentsas are Necessaryto Activate the Service5 Travel and or Education Requests Ratificationsd Tax <strong>Office</strong>


-,APPROVAL OF MINUTESThe above and'foregoing minutes having been read in open Court and found to becorrect, the same are hereby, approved this the 2S -day of October2011.'.Kelly,~nell,Commissioner Precinct 1Absent meeting of 10-25-11Joe Mashek,Commissioner Precinct 3Ben Perry,Commissioner Precinct 4,'-. \ .., ."- .' ATTEST: J. A. '~Andy" Harwell,McLennan <strong>County</strong> Clerk::', By ~ -4dL~'< Kelly' ullbrjght<strong>County</strong> JudgeDeputy <strong>County</strong> Clerk

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