Travis County Commissioners Court Agenda Request

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Travis County Commissioners Court Agenda Request Anna a, Meeting Date: September 27,2011 Prepared By: Michael Hettenhausen Phone #: 854-7563 Division wlin, Division Director-Development Services Department Head: .E., County Executive-TNR Sponsoring Court Member: Commissioner Huber, Precinct Three AGENDA LANGUAGE: Receive comments regarding a request for a total plat vacation of the Mason Estates subdivision plat in Precinct Three. BACKGROUND/SUMMARY OF REQUEST: The owner of the Mason Estates subdivision, William Mason, has applied through Travis County for a total plat vacation of the Mason Estates subdivision. STAFF RECOMMENDATIONS: Staff has reviewed the application, cleared all comments, and supports the motion. ISSUES AND OPPORTUNITIES: A sign was posted on the subject property on September 2, 2011, announcing the date, time, and location of the public hearing. Since the sign was posted, staff has received three phone calls from adjacent property owners who requested more information but did not object to the plat vacation. FISCAL IMPACT AND SOURCE OF FUNDING: None. ATTACHMENTS/EXHIBITS: Precinct map Location map Approved plat to be vacated Vacation order Affidavit of public notice sign posting Photos of public notice sign REQUIRED AUTHORIZATIONS: Cynthia McDonald Financial Manager TNR 854-4239 Steve Manilla County Executive TNR 854-9429 Item 2 Updated 9/22/11, 3:40 p.m.

Transcript of Travis County Commissioners Court Agenda Request

Travis County Commissioners Court Agenda Request

Anna ~

Ste~~lV1anl a,

Meeting Date: September 27,2011 Prepared By: Michael Hettenhausen Phone #: 854-7563 Division Director/Mae~: wlin, Division Director-Development Services

Department Head: .E., County Executive-TNR Sponsoring Court Member: Commissioner Huber, Precinct Three

AGENDA LANGUAGE: Receive comments regarding a request for a total plat vacation of the Mason Estates subdivision plat in Precinct Three.

BACKGROUND/SUMMARY OF REQUEST: The owner of the Mason Estates subdivision, William Mason, has applied through Travis County for a total plat vacation of the Mason Estates subdivision.

STAFF RECOMMENDATIONS: Staff has reviewed the application, cleared all comments, and supports the motion.

ISSUES AND OPPORTUNITIES: A sign was posted on the subject property on September 2, 2011, announcing the date, time, and location of the public hearing. Since the sign was posted, staff has received three phone calls from adjacent property owners who requested more information but did not object to the plat vacation.

FISCAL IMPACT AND SOURCE OF FUNDING: None.

ATTACHMENTS/EXHIBITS: Precinct map Location map Approved plat to be vacated Vacation order Affidavit of public notice sign posting Photos of public notice sign

REQUIRED AUTHORIZATIONS:

Cynthia McDonald Financial Manager TNR 854-4239 Steve Manilla County Executive TNR 854-9429

Item 2Updated 9/22/11, 3:40 p.m.

Travis County Commissioners Court Agenda Request

Meeting Date:9/27/2011 Prepared By/Phone Number: Debbie Ties - 854-6472 Elected/Appointed Official/Dept. Head: Hershel Lee Commissioners Court Sponsor: Judge Biscoe

AGENDA LANGUAGE: CONSIDER AND TAKE APPROPRIATE ACTION ON A PROCLAMATION DECLARING OCTOBER 9-0CTOBER 15, 2011 AS "FIRE PREVENTION WEEK" IN TRAVIS COUNTY.

BACKGROUND/SUMMARY OF REQUEST AND ATTACHMENTS:

STAFF RECOMMENDATIONS:

ISSUES AND OPPORTUNITIES:

FISCAL IMPACT AND SOURCE OF FUNDING: None

REQUIRED AUTHORIZATIONS: Hershel Lee Danny Hobby Cheryl Aker Commissioners Court

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m. for the next week's meeting.

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Meeting Date: September 27,2011 Prepared By/Phone Number: Edith Moreida Elected/Appointed Official/Dept. Head: Commissioner Margaret J. Gomez

AGENDA LANGUAGE: APPROVE PROCLAMATION DESIGNATING OCTOBER 1ST THROUGH 15TH

,

2011 AS "THE ElEVENTH ANNUAL BI-NATIONAL HEALTH WEEK" THROUGHOUT TRAVIS COUNTY.

BACKGROUND/SUMMARY OF REQUEST AND ATTACHMENTS:

STAFF RECOMMENDATIONS:

ISSUES AND OPPORTUNITIES:

FISCAL IMPACT AND SOURCE OF FUNDING:

REQUIRED AUTHORIZATIONS:

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m. for the next week's meeting.

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AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011Prepared By/Phone Number: J. Lee Perry/512-854-9724Elected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language: Approve Contract, Contract Modification, and Making of Contract for SE Metro Park Water Well Project, IFB # No. B110237-LP, to the sole bidder, Brien Water Wells.

Ø Purchasing Recommendation and Comments: Purchasing concurs with department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

Ø SE Metro Park currently utilizes a pump that pumps water from the Colorado River. Due to the location of the pump and pump house, each time it rains the pump and pump house flood and have to be repaired, resulting in additional cost to the County. As a result, there exists a need for a water well to be drilled for the continued irrigation of SE Metro Park facilities

Ø IFB No. B110237-LP, for SE Metro Park Water Well Project was issued on July 20, 2011, and opened on August 4, 2011, with one (1) bidreceived from Brien Water Wells in the amount of $479,276.00. This bid was approximately 50% over the budget.

Ø Purchasing met with staff from TNR and the County Attorney to discuss the possibility of reducing the bid amount through Value Engineering. (VE). The original scope included two primary water well sites and several test wells at each site. It was modified utilizing VE options as follows:

1. Added one test drill site for a total of three.

2. Reduce length of electric copper wire, water PVC pipe and distance that trench was originally required.

3. Canceled one of the two primary water well sites, and opting to only have one drilled.

Travis County Commissioners Court Agenda Request

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AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Ø These VE options were presented to the sole bidder, Brien Water Wells, with a request for revised pricing. As a result, the revised contract amount was reduced (-$210,985.00), and now will be $268,291.00, which is within the project budget.

Ø Therefore, TNR (Parks) recommends, with the concurrence of the County Attorney and Purchasing Offices, awarding a contract, in the amount of $479,276.00, followed by a (-$210,985.00) reduction modification, and subsequent making of the contract to the sole bidder, Brien Water Wells, in the amount of $268,291.00.

Ø Contract Expenditures: Within the last N/A months $0.00 has been spent against this contract/requirement.

Ø Contract-Related Information:

Award Amount: $479,276.00Contract Type: ConstructionContract Period: Through Completion

Ø Contract Modification Information: N/A

Modification Amount: $268,291.00Modification Type: Construction Modification Period: Through Completion

Ø Solicitation-Related Information:

Solicitations Sent: 43 Responses Received: 1HUB Information: Vendor is not a HUB % HUB Subcontractor: 0%

Ø Special Contract Considerations:

Award has been protested; interested parties have been notified. Award is not to the lowest bidder; interested parties have been notified. Comments: N/A

Ø Funding Information: Purchase Requisition in H.T.E.: 534796 Funding Account(s): 474-4990-760-8120 Comments:

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PI625I02 TRAVIS COUNTY 9/13/11 Purchase Requisition 08:43:06 Number . . . . . . . : 0000534796 Type . . . . . . . . : 1 PURCHASE REQUISITION Status . . . . . . . : AUDITOR APPROVAL Reason . . . . . . . : PRE-ENCUMBER FUNDS-PENDING BID-SE METRO W/WELLS By . . . . . . . . . : ISABELLE LOPEZ 854-9383 Date . . . . . . . . : 7/07/11 Vendor . . . . . . . : UNKNOWN-SE METRO W/WELL PROJ Contract nbr . . . . : Ship to . . . . . . . : AI AS INDICATED BELOW Deliver by date . . . : 7/31/11 Buyer . . . . . . . . : Fiscal year code . . : C C=Current year, P=Previous year, F=Future year Type options, press Enter. 5=Display 8=Item extended description Opt Line# Quantity UOM Description 1 268291.00 DOL DRILL AND INSTALL WATER WELLS AT SOUTHEAST METRO PARK. INCLUDES THE FOLLOWING: DILL 2 TEST WELLS, DRILL 2 PRODUCTION WELLS, + COMMENTS EXIST Total: 268291.00 F3=Exit F7=Alternate view F9=Print F10=Approval info F12=Cancel F20=Comments

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GM200I13 TRAVIS COUNTY 9/13/11 Fiscal Year 2011 Account Balance Inquiry 08:44:48 Account number . . . : 474-4990-760.81-20 Fund . . . . . . . . : 474 SUBDIVISION PARKLAND FUND Department . . . . . : 49 TNR (TRANS & NATRL RESRC) Division . . . . . . : 90 PARKS CONTRACT AGENCIES Activity basic . . . : 76 CAPITAL PROJECTS Sub activity . . . . : 0 COMM & ECON DEV (PRK&REC) Element . . . . . . : 81 CAPITAL OUTLAY Object . . . . . . . : 20 PURCHD SERV-PARK IMPRVMNT Original budget . . . . . . . . : 0 Revised budget . . . . . . . . . : 591,501 05/25/2011 Actual expenditures - current . : .00 Actual expenditures - ytd . . . : 90,189.65 Unposted expenditures . . . . . : .00 Encumbered amount . . . . . . . : .00 Unposted encumbrances . . . . . : .00 Pre-encumbrance amount . . . . . : 268,291.00 Total expenditures & encumbrances: 358,480.65 60.6% Unencumbered balance . . . . . . : 233,020.35 39.4 F5=Encumbrances F7=Project data F8=Misc inquiry F10=Detail trans F11=Acct activity list F12=Cancel F24=More keys

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PI625I02 TRAVIS COUNTY 9/13/11 Purchase Requisition 08:43:06 Number . . . . . . . : 0000534796 Type . . . . . . . . : 1 PURCHASE REQUISITION Status . . . . . . . : AUDITOR APPROVAL Reason . . . . . . . : PRE-ENCUMBER FUNDS-PENDING BID-SE METRO W/WELLS By . . . . . . . . . : ISABELLE LOPEZ 854-9383 Date . . . . . . . . : 7/07/11 Vendor . . . . . . . : UNKNOWN-SE METRO W/WELL PROJ Contract nbr . . . . : Ship to . . . . . . . : AI AS INDICATED BELOW Deliver by date . . . : 7/31/11 Buyer . . . . . . . . : Fiscal year code . . : C C=Current year, P=Previous year, F=Future year Type options, press Enter. 5=Display 8=Item extended description Opt Line# Quantity UOM Description 1 268291.00 DOL DRILL AND INSTALL WATER WELLS AT SOUTHEAST METRO PARK. INCLUDES THE FOLLOWING: DILL 2 TEST WELLS, DRILL 2 PRODUCTION WELLS, + COMMENTS EXIST Total: 268291.00 F3=Exit F7=Alternate view F9=Print F10=Approval info F12=Cancel F20=Comments

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GM200I13 TRAVIS COUNTY 9/13/11 Fiscal Year 2011 Account Balance Inquiry 08:44:48 Account number . . . : 474-4990-760.81-20 Fund . . . . . . . . : 474 SUBDIVISION PARKLAND FUND Department . . . . . : 49 TNR (TRANS & NATRL RESRC) Division . . . . . . : 90 PARKS CONTRACT AGENCIES Activity basic . . . : 76 CAPITAL PROJECTS Sub activity . . . . : 0 COMM & ECON DEV (PRK&REC) Element . . . . . . : 81 CAPITAL OUTLAY Object . . . . . . . : 20 PURCHD SERV-PARK IMPRVMNT Original budget . . . . . . . . : 0 Revised budget . . . . . . . . . : 591,501 05/25/2011 Actual expenditures - current . : .00 Actual expenditures - ytd . . . : 90,189.65 Unposted expenditures . . . . . : .00 Encumbered amount . . . . . . . : .00 Unposted encumbrances . . . . . : .00 Pre-encumbrance amount . . . . . : 268,291.00 Total expenditures & encumbrances: 358,480.65 60.6% Unencumbered balance . . . . . . : 233,020.35 39.4 F5=Encumbrances F7=Project data F8=Misc inquiry F10=Detail trans F11=Acct activity list F12=Cancel F24=More keys

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AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011Prepared By/Phone Number: David Walch 46663, Marvin Brice, CPPBElected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language: Approve Modification No. 2 to Contract No. PS090266VR, Neuro Institute of Austin, LP., to provide inpatient residential treatment services.

This contract is for the provision of residential treatment services for juveniles residing in Travis County. Travis County maintains an active network of Residential Treatment Service Contracts with different counties and community providers throughout Central Texas, which are used on an as needed basis according to the specific needs of the youths being placed. This contract was requested by the Triad Program administered by Travis County Health and Human Services & Veterans Services.

This Modification No. 2 revises “Attachment G, Fee Schedule” to bring this agreement’s fee structure current following a review of current rates of equitable service.

Modification No. 1 incorporated the addition of The Achievement Program scope of services and fee structure. This program is an intensive psychiatric services program.

This is a fee for service/As-needed basis contract.

Ø Purchasing Recommendation and Comments: Purchasing concurswith department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

Ø Contract Expenditures: Within the last 12 months $137,570.00 has been spent against this contract/requirement.

Travis County Commissioners Court Agenda Request

Item 7Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Ø Contract-Related Information:

Award Amount: As needed agreementContract Type: Professional ServicesContract Period: 07/21/09—09/30/09 (auto renewal)

Ø Contract Modification Information:

Modification Amount: As needed agreement unchangedModification Type: BilateralModification Period: 09/27/11 – until terminated

Ø Funding Information: Purchase Requisition in H.T.E.: N/A – as needed agreement Funding Account(s): 001-5869-611-6205 Comments:

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AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011Prepared By/Phone Number: Elizabeth Corey (854-9853), Bonnie FloydElected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language: Approve twelve-month extension (Modification No. 10) to Contract No. 02T00038OJ, UNUM Life Insurance Company, for Basic Life and Accidental Death and Dismemberment insurance.

Ø Purchasing Recommendation and Comments: Purchasing concurs with department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

This contract provides the Basic Life and Accidental Death and Dismemberment (AD&D) to Travis County employees. The basic term life insurance and AD&D is paid for by the County. The amount of the basic term life insurance is $50,000, which was approved by the Commissioners Court on May 8, 2007.

This Modification No. 10 will extend the contract for the Basic Life and AD&D with UNUM Life Insurance Company through September 30, 2012. The contract extension is permitted pursuant to Paragraph 2.01 of the contract, entitled “Term of Agreement.” The monthly rates for active employees are: $.14 per $1,000 of coverage for basic term life, and $.025 per $1,000 of coverage for AD&D.

Modification No. 9 extended the contract through September 30, 2011. The monthly rates for active employees were: $.12 per $1,000 of coverage for basic term life, and $.025 per $1,000 of coverage for AD&D.

Modification No. 8 amended the contract to provide a new one-year term, through September 30, 2010, and the option to extend the contract for six additional one-year periods.

Travis County Commissioners Court Agenda Request

Item 8Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Modification No. 7 extended the contract for an additional twelve months, through September 30, 2009.

Modification No. 6 extended the contract for an additional twelve months, through September 30, 2008.

Modification No. 5 extended the contract for an additional twelve months, through September 30, 2007

Modification No. 4 extended the contract for an additional twelve months, through September 30, 2006.

Modification No. 3 extended the contract for an additional twelve months, through September 30, 2005.

Modification No. 2 extended the contract for an additional twelve months, through September 30, 2004.

Modification No. 1 extended the contract for an additional twelve months, through September 30, 2003.

Ø Contract Expenditures: Within the last twelve months, $319,667.00has been spent against this contract.

Ø Contract Modification Information:

Modification Amount: Not applicableModification Type: Annual renewalModification Period: October 1, 2011 - September 30, 2012

Ø Funding Information: Purchase Requisition in H.T.E.: Funding Account(s): 898-000-205-26-20 Comments: Funds have been included in the FY ’12 budget.

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•‘

MODIFICATION OF CONTRACT NUMBER: 02T000380J, Basic LIFE and AD&D PAGE 1 OF 2 PAGES

ISSUED BY: PURCHASING OFFICE PURCHASING AGENT ASST: Elirabeth Corey DATE PREPARED:700 LAVACA, SUITE 800 Phone: (512) 8544853 Seritember 9 2011AUSTJN,TX78701 Fax: (512)854-9185 r

ISSUED TO: MODIFICATION NO.: EXECUTED DATE OF ORIGINALUNUM LIFE INSURANCE CONTRACT:

COMPANY OF AMERICA 102211 CONGRESS ST., M-382 November 6, 2001PORTLAND, MAINE 04122ORIGINAL CONTRACT TERM DATES: October). 2001-Senteniber 30. 2002 CURRENT CONTRACT TERM DATES: October 1. 201 I - Seotember 30. 2012

FOR TRAVIS COUNTY INTERNAL USE ONLY:Original Contract Amount: $ Cunent Modified Amount S

DESCRIPTION OF CHANGES: Except as provided herein, all terms, conditions, and provisions of the document referenced above as heretoforemodified, remain unchanged and in full force and effect.

This Modification No. 10 is made by the following parties: UNUM Life Insurance Company of America, aMaine corporation (“Company”) and Travis County, Texas (“County”).

RECiTALS:County and Company entered into a contract to provide basic life and accidental death & dismemberment

coverage to employees began October 1, 2001 and ended September 30, 2005 (“Initial Contract”).County issued RFP P050091-03 in 2005 and Company submitted the best negotiated response. This

-response-was the-basis of the-First Novation of the Initial Contract in Modification 4. The First Novationextended the Initial Contract for a one-year term and granted County novation options to extend the InitialContract for three additional one-year periods, all of which were exercised by County.

County issued RFP P090315-OJ in 2009 and Company submitted the best negotiated response. Thisresponse is the basis of this Second Novation of the Initial Contract. The Second Novation extends the InitialContract for another one-year term and grants County six additional renewal options to extend the SecondNovation for six additional one-year periods. During these six renewal options, all terms and conditions remainunchanged except for the term of the Agreement and the rates which are stated in this Modification No. 10.

AGREEMENT TO AMEND CONTRACT

1.0 CHANGE IN TERM1.01 Pursuant to section 2.012, County exercises its second of six options to extend the Second

Novation from October 1, 2011 through September 30, 2012.

Note to Vendor:

[XX] Complete and sign your portion of the signature block section below for all copies and return all signed copies to Travis County.

L ] DO NOT execute and return to Travis County. Retain for your records.

UNUM LIFE INSURANCE COMPANY OF AMERICA C DBA

J1P XC0RPORATION

BY:

“C OTHER

SIGNATUR/‘ DATE

Assista Vice President aid jeiuov Cou ‘i ,e. IITS DULY AUTHORIZED AGENT 9-13 — 2ii

TRAVIS COUNTY, TEXAS DATE:

BY:_______________________________________________CYD V. GRIMES, C.P.M., TRAVIS COUNTY PURCHASING AGENT

TRAVIS COUNTY. TEXAS DATE:

BY:__________________________________________________________________SAMUEL T. BISCOE, TRAVIS COUNTY JUDGE

MinuteTraq ID #5035

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MODIFICATION OF CONTRACT NUMBER: 02T000380J PAGE 2 OF 2 PAGES

2.0 RATES FOR FIRST OFflON OF SECOND NOVATION

The monthly rates applicable to Basic Life and AD&D coverage for active employees forthe second option exercised under the second novation of this agreement for each type ofcoverage are as follows:

TYPE AND LEVEL RATE APPLICATION first Option of SecondOF COVERAGE Novation Agreement FY11

Basic Term Life Per $1,000 of Coverage $. 14

Basic AD&D Per $1,000 of Coverage $.025

3.0 INCORPORATiON OF CONTRACT AND EFFECTIVE DATE

3.01 Company and County hereby incorporate this amendment into the Initial Contractas amended in Modification 4 and Modification 8. Company and County hereby ratify all of theterms and conditions of the Initial Contract as amended.

3.02 The changes to the Initial Contract and rates stated in this Modification 10 areeffective on October 1, 2011.

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Human Resources Management

_

1010 Lavaca Street, Suite 200 • P.O. Box 1748 • Austin, Texas 78767 • (512)854-9165/FAX(512)854-3128

September 13, 2011

TO:

FROM:

Lolly Jones, Purchasing Agent Assistant IV

Cindy Purinton, Benefit AdministratorDan Mansour, Risk and Benefit Manager

SUBJECT: Contract # 02T000380JBasic Life AD&D contract- FY12

Vendor services related to the above contract have been performed to theCounty’s satisfaction. Please initiate the extension of their contract to the nextoption period. The renewal information is shown below.This County funded contract is funded from liability account: 898-0000-205-26-20

If you have any questions, please contact Dan Mansour at 854-9499 or CindyPurinton at 854-9626.

Fund account numberBasic Life- Per $1 000 of $.14Basic AD&D- Per $1,000 of $.025

898-000-205-26-20 coverage Paid by County898-000-205-26-20 coverage Paid by County

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AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011Prepared By/Phone Number: Elizabeth Corey (854-9853), Bonnie FloydElected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language: Approve twelve-month extension (Modification No. 1) to Contract No. 10T00123OJ, Assurant, Inc., for dental health services.

Ø Purchasing Recommendation and Comments: Purchasing concurs with department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

This contract provides DHMA, MAC and PPO dental service plans for Travis County employees.

There are no County funds expended on this contract. Funds are 100% paid by the employees.

This Modification No. 1 extends the contract for twelve additional months, through September 30, 2012.

Ø Contract Expenditures: Within the last twelve months, $0.00 has been spent against this contract.

Ø Contract-Related Information:

Award Amount: $0.00Contract Type: Annual ContractContract Period: October 1, 2010 – September 30, 2011

Travis County Commissioners Court Agenda Request

Item 9Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Ø Contract Modification Information:

Modification Amount: $0.00Modification Type: Bilateral Modification Period: October 1, 2011 – September 30, 2012

Ø Funding Information: Purchase Requisition in H.T.E.: Funding Account(s): Comments: 100% paid by Travis County employees.

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MODIFICATION OF CONTRACT NUMBER: 10T001230J, Dental Health Services PAGE 1 OF 2 PAGES

ISSUED BY: PURCHASING OFFICE PURCHASING AGENT ASST: Elizabeth Corey DATE PREPARED:700 LAVACA, SUITE 800 Phone: (512) 854-9853 September 12, 2011AUSTIN, TX 78701 Fax: (512) 854-9185

ISSUED TO: MODIFICATION NO.: EXECUTED DATE OF ORIGINALUnion Security Insurance company CONTRACT:

United Dental Care of Texas, Inc. 1Attention: Kimberly Reese July 20, 20103595 Grandview Parkway, Suite 650Birmingham, Alabama 35243

ORIGINAL CONTRACT TERM DATES: October 1,2010 - September 30,2011 CURRENT CONTRACT TERM DATES: October 1.2011 - September 30. 2012

FOR TRAVIS COUNTY INTERNAL USE ONLY:

Original Contract Amount: $ N/A Current Modified Amount $

DESCRIPTION OF CHANGES: Except as provided herein, all terms, conditions, and provisions of the document referenced above as heretoforemodified, remain unchanged and in full force and effect.

Contractor and County entered into a contract to allow county employees, retirees, and their dependents to purchasegroup dental benefits. In 2010, County issued an RFP P100123-OJ and Company submitted the best negotiatedresponse which resulted in a contract for a one year term that began October 1, 2010, (“Agreement”) and the option toextend the Agreement for four (4) additional one year periods.

Agreement to Amend Agreement

Company and County agree to amend the Agreement as follows:

1.0 EXERCISE OF OPTION

1.01 Pursuant to 2.02, 9.0, 10.0 and 11.0 of the Agreement, Travis County exercises its first option toextend this Agreement from October 1, 2011 through September 30, 2012 and to provide the United Dental Careof Texas, Inc Dental Health Maintenance Organization Plan (DHMO) with no waiting period; (ii) the UnionSecurity Insurance Company Freedom Preferred Dental Solutions including the Lifetime of Smiles Program and awaiver of the preventive maximum with a maximum benefit of $1,000 for lifetime orthodontia and $1,500annually for other dental services (“MAC Plan”), and (iii) the Union Security Insurance Company, FreedomPreferred Dental Solutions including the Lifetime of Smiles Program and a waiver of the preventive maximumwith a maximum benefit of $1,000 for lifetime orthodontia and $2,000 annually for other dental services (‘PPOPlan”).Note to Vendor:

lxxi Complete and sign your portion o[ the signature block section below for all copies and return all signed copies to travis County.

I DO OT execute and return to Travis County. Retain lr your records.

D l)tt.•UNION SECURITY INSURANCE COMPANYUNITED DENTAL CARE OF TEXAS, INC.

BY:SIGNATUREITS DULY AUTHORIZED AGENT

9c \JQ, 9’3AcLL/cTITLE

TRAVIS COUNTY, TEXAS DATE:

BY;________________________________________________CYD V. GRIMES, C.P.M., TRAVIS COUNTY PURCHASING AGENT

TRAVIS COUNTY, TEXAS DATE:

BY;__________________________________________________________________SAMUEL T. BISCOE, TRAVIS COUNTY JUDGE

CORPORATION

0 OTHER

DATE;

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MODIFICATION OF CONTRACT NUMBER: 1OTOO123OJ PAGE 2 OF 2 PAGES

2.0 RATE CHANGES

2.01 Pursuant to 2.02 and 9.0, the monthly rates applicable to the DHMO Plan for thefirst option period of the Agreement are as follows:

TIER OF COVERAGE FIRST OPTION—FY 2012Employee only $11.70Employee +1 adult $18.70Employee +1 child $18.70Employee +2 or more children $25.08Employee +1 adult + 1 child $25.08Employee +family $29.34

2.02 Pursuant to 2.02 and 10.0, the monthly rates applicable to the MAC Plan for thefirst option period of the Agreement are as follows: .

TIER OF COVERAGE FIRST OPTION—FY 2012Employee only $19.82Employee +1 adult $37.70Employee +1 child $37.70Employee +2 or more children $62.10Employee +1 adult + 1 child $62.10Employee +family $79.98

2.02 Pursuant to 2.02 and 11.0, the monthly rates applicable to the PPO Plan for the firstoption period of the Agreement are as follows:

TIER OF COVERAGE FIRST OPTION—FY 2012Employee only $31.88Employee +1 adult $63.76Employee +1 child $63.76Employee +2 or more children $99.74Employee +1 adult + 1 child $99.74Employee +family $131.62

3.0 INCORPORATION OF CONTRACT

3.01 Contractor and County hereby incorporate this amendment into the Agreement.Contractor and County hereby ratif’ all of the terms and condition of the Agreement as amendedin Modification 1.

4.0 EFFECTIVE DATE

4.01 The changes stated in this amendment are effective on October 1, 2011.

Updated 9/22/11, 3:40 p.m.

-

Human Resources ManagementL I d

1010 Lavaca Street, Suite 200 • P.O. Box 1748 • Austin, Texas 78767 (512) 854-9165 / FAX(512) 854-3128

September 13, 2011

To: Elizabeth Corey, Purchasing Agent Assistant

From: Cindy Purinton, Benefit AdministratorDan Mansour, Risk and Benefit Manager

Subject: Assurant Dental 10T001230J

Vendor services related to the above contract have been performed and theCounty will exercise the renewal contract option available for FY2012 on all threedental plans.

This contract is funded from line item 898-0000-205-2410

If you have any questions please contact Cindy Purinton or Dan Mansour, at854-9626.

Cc: Diane Blankenship, Director, HRMD

Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011Prepared By/Phone Number: Elizabeth Corey (854-9853), Bonnie FloydElected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language: Consider and take appropriate action on the following insurance for employees, dependents and retirees: supplemental life, accidental death and dismemberment, short-term disability, and long-term disability.

Ø Purchasing Recommendation and Comments: Purchasing concurs with department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

On July 5, 2011, the Commissioners Court approved the rates for CIGNA for the insurances shown above. The contract is being prepared by the County Attorney’s office and will be provided as soon as possible. The preparation of the contract is delayed due to late policy submittals from CIGNA. The County Attorney’s office requires the policies prior to finalizing the contract. As a result, per the attached email, CIGNA will bind coverage of all of the policies effective October 1, 2011.

Proposals were opened on April 25, 2011, for supplemental life, accidental death and dismemberment, short-term disability, and long-term disability insurance for employees, dependents and retirees. Tenproposers responded. The evaluation team rated the responses. A copy of the evaluation matrix is attached.

Travis County Commissioners Court Agenda Request

Item 10Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

The Purchasing Office concurs with the recommendation from the evaluation team to award a contract to the highest qualified proposer, CIGNA, based on a variety of factors, including: 1) lower premium costs for the 100% employee-paid voluntary coverages, 2) the inclusion of domestic partners, 3) “buy-up” option for retirees and their spouses, 4) 4-year rate guarantee for all coverages, except for short-term disability, which is 3 years, 5) expedited claim filing for life and disability, 6) several value-added items, 7) performance guarantees, and 8) conversion and portability administration.

No County funds are being expended on this contract. Funds are 100% paid by County employees and retirees.

Ø Contract Expenditures: Not applicable.

Ø Contract-Related Information:

Award Amount: 100% paid by Travis County employeesContract Type: term contractContract Period: October 1, 2011 – September 30, 2012

Ø Contract Modification Information: Not applicable

Ø Solicitation-Related Information:

Solicitations Sent: 61 Responses Received: 10HUB Information: N/A % HUB Subcontractor: 0%

Ø Special Contract Considerations: Not applicable

Ø Funding Information: Purchase Requisition in H.T.E.: Funding Account(s): Comments: 100% employee funded

Updated 9/22/11, 3:40 p.m.

Travis County Commissioners Court Agenda Request

Meeting Date: July 5, 2011Prepared By/Phone Number: Cindy Purinton, Benefit Administrator 854-9626Elected/Appointed Official/Dept. Head: Diane Blankenship, HR Director854-9165Commissioners Court Sponsor: Judge Biscoe

AGENDA LANGUAGE:Consider and take appropriate action on the following employeebenefit items for FY12:

A. Recommend award of contract to CIGNA for the following 100% voluntaryemployee paid coverages, to be effective October 1, 2011:

1. Supplemental life insurance and matching AD&D insurance2. Dependent life insurance3. Additional spouse life insurance4. Retiree life insurance5. Short Term disability6. Long Term disability7. Employee and dependent voluntary AD&D (stand alone product

currently underwritten by CIGNA)

B. Renew Basic $50,000 life insurance and AD&D coverage with UNUM effectiveOctober 1, 2011. This is 100% County paid.

C. Renew administration contract for Flexible Spending Account (FSA) andQualified Transportation Benefit (QTB) with Fringe Benefit ManagementCompany, (FBMC) a division of WageWorks. This is a County paidadministration fee.

BACKGROUND/SUMMARY OF REQUEST AND ATTACHMENTS:

A. A request for proposal was released, evaluated and a recommendation preparedrecommending awarding contract to CIGNA for the following benefits.

• Supplemental life insurance and matching AD&D insurance• Dependent life insurance• Additional spouse life insurance• Retiree Life insurance• Short Term disability (STD)• Long Term disability (LTD)• Employee and dependent AD&D (stand alone)

Agenda request supp life fy12 6/27/2011 clp jMinuteTraci ID #5037

Updated 9/22/11, 3:40 p.m.

CIGNA’s RFP included several items that the evaluation team considered in makingtheir decision:

• Lower premium costs for the 100% employee paid voluntary coverages.• Allowing Domestic Partners to enroll in dependent life insurance.• A “buy up” option for retiree’s and retiree dependent spouse over age 71

(now they are limited to $5000 and $2500).• A four year rate guarantee for all premiums for all coverages except STD.

(which will be 3 years).• Expedited claim filing processes for life and disability.• Several value added items such as will preparation services, identity theft

benefit, bereavement services, and aggressive “back to work” programson the STD and LTD coverages.

• Performance guarantees failure to meet guarantee results in 2%penalty, not to exceed to $20,000.

• Conversion and portability administration, currently performed by staff.

STAFF RECOMMENDATIONS:Staff and the evaluation committee for this RFP recommend approval and award of thecontract as recommended above

Those items up for renewal (FSA, QTB, and Basic life) are recommended for renewalfor FY12.

ISSUES AND OPPORTUNITIES:This bid process has had the effect of lowering the cost to employees for many of theirvoluntary coverages. In a year of tight funding, and no employee or retiree increases,we were able to save employees and retirees significant premium costs, whileimproving the level of coverage for certain benefits. The claim filing processes havebeen streamlined as well for ease of filing a claim.

Purchasing will return to Court with the CIGNA contract and the other contractmodifications,.

On the Basic life insurance, we had previously brought the renewal to Court forapproval, as a no increase. However there is an increase, as provided for in thecontract, from .12 to .14 per $1,000.

FISCAL IMPACT AND SOURCE OF FUNDING:

100% employee paid coverages Approximate totalannual savings to

____________________________ employeesSupplemental life insurance and -25.60%matching AD&D insuranceDependent life insurance Same rate

Agenda request supp life fy12 6127/2011 clp 2

Updated 9/22/11, 3:40 p.m.

Additional spouse life insurance -23.03%Retiree Life insurance Same rate for existing

coverages with a slightincrease for new buy up optionfor older retirees

Short Term disability -6.25%Long Term disability -1 5.07%Employee and dependent voluntary -.20%AD&D (stand alone product)Note: CIGNA is the current carrier for thisproduct.

100% county paid Premium for FY12Basic Life and AD&D .14 Life 16% increaseFSA QTB administration NO INCREASE

FSA only$3.95 per participant permonth

Note: currently we have FSA and QTB QTB only $3.95 per participant per

dual administration for $7.67 FSA and HRA (dual administration)$3.95 per participant per monthFSA, HRA and QTB (tripleadministration)$7.67 per participantper monthFSA, and QTB (dual administration)$7 67 per participant per monthHRA and QTB (dual administration)$7.67 per participant per month

REQUIRED AUTHORIZATIONS:

X Planning and Budget Office (854-9106)X Human Resources Management Department (854-9165)X Purchasing Office (854-9700)

X County Attorney’s Office (854-9415)X County Auditor’s Office (854-9125)

Attachments:

Attachment #1Cost Comparison Worksheet compares current and renewal UNUM with CIGNAcosts

Agenda request supp life fy12 6127/2011 clp 3

Updated 9/22/11, 3:40 p.m.

ATTACHMENT I

Travis County

Voluntary Term Life andAD&D Rates

Active Employee.. Life Rate: per $1,000 (For carriers with separateport rates, these do not apply)

UNUM

UNUMRenewal UNUM Option

Age Volumecurrent (no rate Cigna 2 ($.14 basic

.

. change in and -5%- Basic life)

— suppl)<25 $3,000,000 $0.057 $0057 $0.040 $0.054

25-29 $17,250,000 $0.057 $0.057 $0.040 $0.05430-34 $28,400,000 $0.095 $0.095 $0.070 $0.09035-39 $49,075,000 $0.095 $0.095 $0.070 $Q.09040-44 $68,100,000 $0.143 $0.143 $0.110 $013445-49 $67,750,000 $0.228 $0228 $0.170 $0.21650-54 $56,225,000 $0380 $0.380 $0.290 $0.36155-59 $37,200,000 $0.523 $0523 $0410 $0.49760-64 $14,500,000 $0.855 $0.855 $0.670 $0.81265-69 $4,550,000 $1283 $1.283 $1000 $1.21970-74 $375,000 $2242 $2.242 $l.760 $213075-79 $25,000 $2.242 $2.242 $l.760 $213080-84 $2.242 $2.242 $1.760 $213085-89 $2.242 $2.242 $1760 $2.130Total 343,450,000

Active EmployeeAnnual Premium $1,123,833 $1,123,833 $861,216 $1,065,641

Matching AD&D UNUM Renewallife insurance UNUM (no rate change in

Current Basic life) CignaVolume 346,450,000Rate per $1,000 $0.035 $0.025 $0.020Matching AD&D I $145,509 $103,935 $83,148 7

Agenda request supp life fy12 6127/2011 clp 4

Updated 9/22/11, 3:40 p.m.

Annual Premium

1

Agenda request supp life fyi 2 6/27/2011 clp

Total Life Premium UNUMCurrent UNUM Renewal Cigna

Total Life Premium $1,269,342 $1,227,768 $944,364

%change fromCurrent -3.28% I -25.60%

Spouse/Child BaseBenefit $1.54 $1.54 1.54

Spouse Rates for Additional $10,000 or $20,000 (Rate per $1,000)

UNUM UNUM RenewalAge Volume

Current (no rate change in CignaBasic_life)

<25 $50,000.00 $O.057 $O.057 $0.04025-29 $900,000.00 $0057 $0.057 $0.04030-34 $1,830,000.00 $O.095 $O.095 $0.07035-39 $2,810,000.00 $0095 $0.095 $0.07040-44 $4,310,000.00 $0143 $0.143 $0.11045-49 $4,330,000.00 $0228 $0228 $0.17050-54 $2,700,000.00 $0.380 $0380 $0.29055-59 $2,830,000.00 $0.523 $0523 $0.41060-64 $1,510,000.00 $0.855 $085565-69 $520,000.00 $1.283 $1.283 $1.00070-74 $90,000.00 $2.242 $2.242 $1 .76075-79 $2.242 $2.242 $1 .76080-84 $2.242 $2.242 $1 .76085-89 $2.242 $2242 $1 .760

Spouse AnnualPremium $81,175 $81,175 $62,477

%change fromCurrent 0.00% -23.03%

5

Updated 9/22/11, 3:40 p.m.

UNUM RenewalRetiree Coverage UNUM. (no rate change in

Current Basic life) Cigna

Retire at age 70 or Monthlyearlier cost Monthly cost

Basic Benefit of$15,000 $2.08 $2.08 .0

Basic + additional:$25,000 $6.92 $6.92 6.92Spouse of <70retiree

Basic Benefit of08$7,500 $2 08 $2 08

Basic + Additional: ir$12,500 $6.92 $6.92 $6.92

LRetire at age 71 orover

Retiree $5,000 $5.90 $5.90 $5.90Spouse $2,500 $2.95 $2.95 $2.95

>71 increments of$5000 max 1500 WI

>71 reetiree buy EOl requiredretiree buy up up option $5000 $1 .7611000 = $8.80 foroptions or $1000 wleoi each additional $5,000

spouse: increments of2500 to max of 5000EOl$1 .7611000

UNUM RenewalUNUM (no rate change in

Current Basic life) CignaRate GuaranteesVoluntary AD&D 3 years 4 yearsEmployee

Supplemental Life 3 years 4 yearsSpouse Life 3 years 4 years

Child Life 3 years 4 yearsRetiree life 3 years 4 years

Agenda request supp life fy12 6/27/2011 clp 6

Updated 9/22/11, 3:40 p.m.

Life Rate Contingencyafter initial guaranteeperiod

Additional 3 years ifwithin 10% of

tolerated loss ratio

if loss ratio isbetween:80-90%= up to10% if 90-95% =20%

if over 95% =30%

CicinaRate Guarantee 3 years 3 yearsRate per $10 of weeklycovered payroll $0.32 $0.39 $0.30Volume $1,608,216 $1,608,216 $1,608,216Monthly Premium $51,462.91 $62,720.42 $48,246.48Annual Premium $617,555 $752,645 $578,958

% change fromCurrent 21.87% -6.25%

Cigpa —*Rate Guarantee 3 Years 4 yearsRate per $100 of monthlycovered payroll $0.560 $0.560 $0.500Estimated Monthly

$12,925,358 $12,925,358 $12,925,358VolumeMonthly Premium $72,382.00 $72,382.00 $64,626.79Annual Premium $868,584.00 $868,584.00 $775,521.00

% change fromCurrent 0.00% -15.07%

CIGNA RenewalVolume

Employee $248,450,000 $0.025 $0.020 $0.020Family $400,600,000 $0.042 $0.035 $0.035EE SupplementalAnnual Premium $23,036 $18,990 $18,990

-18%

Agenda request supp life fy12 6/27/2011 clp 7

Updated 9/22/11, 3:40 p.m.

rtCD

HI-I

H

Ui

U.’

SUPPLEMENTAL LIFE INSURANCEACCIDENTAL DEATH AND DISMEMBERMENT (AD & D),LONG TERM DISABILITY AND SHORT TERM DISABILITY

FOR TRAVIS COUNTY EMPLOYEESRETIREES & DEPENDENTS

REQUESTS FOR PROPOSALS-RFP #P1 101 49-OJ

EVALUATiON MATRIX

SHORT TERM AND LONG TERM DISABILITY

THE GUARDIAN DEARBORN STANDARD FEVALUATION FACTORS: POINTS CIGNA AETNA HARTFORD UNUM LIFE INS. NATIONAL INS. CO SECURIAN METLIFE HUMANA—3.iCompeitivenessofpricingforservices

30 27.75 8.75 19.25 8.75 19.25 11.75 6.25 6.25 10 18.75

3.2 Extend to which proposal meets orexceeds Benefit Plan Design and 20 19.5 15 13.75 20 14.5 11.25 12.25 7.5 8.75 8.75Specifications as outlined.3.3 Quality and accessibility of proposedanalytical reporting, including electronicformat. Extent of electronic capability, such 20 19.5 15 13.25 20 13 11.25 13 - 10 9.5 7.5as-elecironic billing, enrollment, reporting,and websites.

3.4 Participation in annual openenrollment(s) and weekly new employee 20 20 20 16.25 20 18.75 17.5 11.25 2.5 1.25 7.5orientation and enrollment.3.5 Demonstrated effectiveness of claims

10 10 8.75 10 10 7.5 3.75 5.75 5 0 3.75administrations.3.6 Existence and size of Austin area claim

10 8.75 9.5 8.25 10 7.5 8.25 7.5 2 1.25 5.75office anWor representative. . ..- ---[ TOTAL POINTS 110 105.5 77 80.75 88.75 80.5 63.75 56 33.25 ] 30.75 52

Updated 9/22/11, 3:40 p.m.

S S. Sfl

Elizabeth Corey - RE: Travis County - AD&D, STD and LTD Policies and Certificatesof Insurance - 0K965800, VDT960953 and VDT960953

From: “Curtis, Arbye 2025” <[email protected]>To: ‘Barbara Wilson’ <[email protected]>, “Wurtz, Kimberly ADate: 9/9/2011 4:40 PMSubject: RE: Travis County - AD&D, STD and LTD Policies and Certificates of Insurance - 0K965800,

VDT960953 and VDT960953CC: “Sheedy, Jonathan 2025” <[email protected]>, “Bien, Lisa T

Barbara-This e-mail will confirm in writing that CIGNA will bind coverage of-aII--apphcable-policies for an October 1, 2011effective date. Thankyou.

-

Arbye L. CurtisAccount Manager

Office 713.576.4313 Mobile 281.813.0852 I Fax 860.687.0308 I [email protected] Group Insurance I 2700 Post Oak Blvd. Suite 600 I Houston, TX I 77056

Lisa Bien I Account Service Representative I 610-758-7133 I lis’a.bien@)cigna.com

Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011 (Revised Eurocopter number)Prepared By/Phone Number: Elizabeth Corey (854-9853), Bonnie FloydElected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language:

A. Approve Contract Award for Aviation Insurance Coverage, Request for Proposal P110204-OJ, to the highest-qualified respondent, Falcon Insurance Agency, Inc., and

B. Reject terrorism coverage under the Terrorism Risk Insurance Act of 2002 (TRIA), and authorize the County Judge to sign the TRIA Policy Disclosure Statement.

Ø Purchasing Recommendation and Comments: Purchasing concurs with department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

This contract provides aviation insurance coverage to the Travis County Emergency Services helicopters. The policy will cover the Starflight EC145 Eurocopters, to include coverage of liability for damages caused by the aircraft.

On July 18, 2011, Request for Proposal P110204-OJ was issued for a twelve-month term contract for aviation insurance coverage. Two proposals were received on August 8, 2011.

The Purchasing office concurs with the recommendation from the Human Resource management Department (HRMD) to award a contract to the highest-qualified respondent, Falcon Insurance Agency, Inc. A copy of the evaluation matrix is attached. HRMD does not recommend the purchase of the TRIA coverage.

Travis County Commissioners Court Agenda Request

Item 11Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Ø Contract Expenditures: Not applicable

Ø Contract-Related Information:

Award Amount: $208,116Contract Type: Annual ContractContract Period: October 1, 2011 – September 30, 2012

Ø Solicitation-Related Information:

Solicitations Sent: 16 Responses Received: 2HUB Information: Vendor is not a HUB

N/A % HUB Subcontractor: N/A

Ø Special Contract Considerations: Not Applicable

Ø Funding Information: Purchase Requisition in H.T.E.: Funding Account(s): 525-114-522-4408 Comments: Funds covering this requirement will be included in the FY ’12 budget.

Updated 9/22/11, 3:40 p.m.

Human Resources Management Department

4P

• P.O. Box 1748 • Austin, Texas 78767 (512) 854-9165/ FAX(51 2) 854-4203

Memorandum

September 1, 2011

To: Cyd Grimes, County Purchasing Agent

From: Dan Mansour, Risk & Benefits Manager, HRMDWilliam Paterson, Risk Specialist

Re: Aviation Insurance RFP Proposal Review

After reviewing the proposals from the two respondents, Falcon insurance Agency, Inc. and ArthurJ Gallagher Risk Management Services, Inc. It is the recommendation of Risk Management thatthe contract be awarded to Falcon Insurance Agency with Chartis Aerospace as the carrier.

The recommendation is for option # 4 and is based on the premium cost, expanded limits andcoverage. The line item from which the premium of$ 208,116.00 will be paid from is #525-114-0522-4408. The purchase of Aviation Insurance was accounted for in the FY 11 Budget for theRisk Fund. Risk Management staff does not recommend purchasing the TRIA coverage(Terrorism Coverage).

Falcon Insurance Agency and Chartis Aerospace must provide the attachment points at which thepremium would be adjusted upwards or downwards for the four considerations (Cost ofreinsurance, EMS loss ratio, Chartis’s Underwriting loss ratio for this class of business, or theInsurance market conditions) with in the Renewal Formula.If you have any questions please call me at 854-9650. Thank you.

CC: Leroy Nellis, Acting Executive Planning and BudgetDiane Blankenship, Director, HRMDElizabeth Corey/Purchasing

1010 Lavaca St. 2nd Floor

MinuteTraq ID #5038

Updated 9/22/11, 3:40 p.m.

CONTRACT BETWEEN TRAVIS COUNTY ANDFALCON INSURANCE AGENCY, INC.

FOR AVIATION INSURANCE COVERAGE

This contract is made by the following parties: Travis County, a political subdivision ofTexas (“County”) and Falcon Insurance Agency, Inc. (“Contractor”).

RECITALS

County distributed a Request for Proposals (RFP # P11 0202-OJ) from qualifiedcompanies for the delivery of aviation insurance coverage: Contractor will provide aviationinsurance coverage.

AGREEMENT

Contractor anci__ountyagree to the following terms and conditions

1.0 Term of Contract The term of this coverage is from 12:01 a.m., October 1, 2011through September 30, 2012. County has the option to extend this contract for three additionalone (1) year terms to be effective October 1, 2012, October 1, 2013, and October 1, 2014respectively and three additional one month periods. If County exercises its option, County shallnotifr Contractor no sooner than ninety (90) days before the date on which the current term of thecontract ends and Contractor is required to comply with all of the terms and conditions of thiscontract unchanged for the exercised option period, including the premium unless Contractorgives notice of a change of premium in compliance with 2.2. Failure by County to exercise anyof the above options to extend shall require this Contract to expire at the end of the then currentterm of the contract. The total period of this Contract, including all extensions as a result ofexercised options, shall not exceed a maximum combined period of fifty-one (51) months.

2.0 Premium and Premium Redetermination

2.1 The annual premium for each of the aircraft for the initial contract term and alloption terms shall be as follows for each of the aircraft unless redetermined in compliance with2.2:

Two 2005 EuroCopter EC-145, 6 seats and one 2009 Eurocopter EC-155-BI

$ 7,300,000 Insured Hull Value $62,050. each$50,000,000 CSL Liability 4,238. eachHull War Risk 2,613. eachWar Risk Liability 471. each

$25,000 each person and each occurrence Medical Payments, including crewMiscellaneous Expansion Coverages —as listed in Attachment Aincluding Bambi Bucket use and rescue hoist

Updated 9/22/11, 3:40 p.m.

2.2 Because of the legal requirements that the County Purchasing Act places oncounties, the premiums can only be changed in compliance with this paragraph. Contractor shallnot, for any reason, increase or decrease the premium payable for any option period by more than25% of the premium payable for the contract period prior to that option period. If Contractorprovides County with notice of a change in premium at least 120 days before the date on whichthe current term of the contract ends, Contractor may increase or decrease the premium for anoption period to a rate that does not exceed the limit in this paragraph and that is determined bythe following factors:

Insurer’s (Chartis’ s) cost of reinsurance;Insurance market conditions;Travis County EMS loss ratio; andChartis’s Underwriting loss ratio for this class of business.

This section does not in any way change or amend actual coverage, terms or conditions providedby the policy.

3.0 Administration of Contract Contractor shall perform, in a timely manner asdetermined by County, all coverages and activities for County in accordance with the terms andconditions ofthis contract; in compliance with the assurances, certifications, and all other statementsmade by Contractor in its proposal for the coverages and activities under this contract; and incompliance with all statements in the Attachments to this contract. Contractor shall perform allservices necessary to place and manage the policy in a good and workmanlike manner at a standardthat is acceptable for a similar business in County and to render all services promptly and efficiently.Contractor shall name the person or the team that will manage this account and act as the contact forTravis County. Contractor shall provide coverages from Chartis Aerospace Insurance Services Inc.Coverage does not include terrorism coverage.

4.0 Supporting Services Upon request by County, Contractor shall provide lossprevention standards and services through the insurance company in compliance with the servicesand inspections described in Attachment D at no additional cost to County.

5.0 Attachments The attachments lettered and named below are made a part of thiscontract, and constitute promised performances by Contractor in accordance with 5.0 ofthis contract:

5.1 Attachment A, Insurance Requirements and Technical Information5.2 Attachment B, Special Provisions and General Provisions primarily from Request for

Proposals # P02011 6-OJ5.3 Attachment C, Summary of Aircraft Coverage from Proposal and Specimen Policy

from Chartis Aerospace Insurance Services, Inc.5.4 Attachment D, Portions of Proposal related to personnel, and claims and risk

management

Updated 9/22/11, 3:40 p.m.

5.5 Attachment E, Ethics Affidavit

TRAVIS COUNTY FALCON INSURANCE AGENCY, INC.

By:

__________________

By:

___

Samuel T Biscoe Donn auCounty Judge Vice-President

Date:_____________ Date:_____________

Updated 9/22/11, 3:40 p.m.

ATTACHMENT A - INSURANCE REQUIREMENTS AND TECHNICAL INFORMATION

GENERAL REQUIRMENTS

1.0 Effective Date of Coverage: The effective date of the insurance coverage is 12:01 a.m., October 1,2011.

2.0 Agent Minimum Qualifications

Contractor warrants that it meets the following minimum qualifications:

2.1 The agency must be licensed in Texas.

2.2 The agency must have insurance for Agents Errors and Omissions liability with alimit of at least $1 million per occurrence and has provided a certificate of thisinsurance with the proposal; and will provide certificates of insurance each time thatthis insurance is renewable to the Purchasing Agent within thirty (30) days after therenewal date.

2.3 The agency must have been in business for at least three years.

2.4 The agency must assign a minimum ofone qualified account representative to servicethe County. This representative must have a minimum of five years experience incommercial property or liability insurance lines, preferably with an emphasis inaviation insurance.

3.0 Insurance Company Standard

All insurance companies used must be qualified and/or licensed in Texas. The exception is a non-admitted or surplus lines company which must be on the State Board of Insurance approved list. TheCounty prefers that the insurance companies have a current Best’s Insurance Reports generalpolicyholder’s rating of”A-” or better and a financial size category of Class V or better.

4.0 Issuance of Binder and Policy

4.1 A binder confirming coverage accepted by the County is to be delivered to County PurchasingAgent as soon as practical after acceptance by the County, but not later than September 30,2011.

4.2 No later than thirty (30) days after the date this contract is approved by Commissioners Court,Contractor shall deliver the policy to the County Risk Manager for review and acceptance bythe County Risk Manager. After acceptance, the County will authorize payment of thepremium. If the Contractor is unable to deliver the policy within thirty (30) calendar days,Contractor must submit a written explanation and proof that the policy has been requestedfrom the carrier.

4.3 Payment of any premiums due shall not be made by the County prior to receipt of a policy incompliance with this Contract. Such payment shall be issued not later that thirty (30) calendardays after receipt of the policy and a detailed invoice in compliance with this contract.

Updated 9/22/11, 3:40 p.m.

5.0 Claims Settlement

County will be fully paid for insured losses within thirty (30) calendar days, but in no event greaterthan sixty (60) calendar days after filing of a properly completed “Sworn Proof of Loss” with anappropriate representative of the insurance company.

6.0 Quarterly Loss Reports

Contractor shall furnish a quarterly report of all claims indicating properly and/or persons involved,date of loss or accident, amount paid and amount reserved. This report must be furnished within thirty(30) calendar days of the end of each reporting period.

7.0 Underwriting Information

Contractor acknowledges that is has had the opportunity to make physical inspections to determinedetails of the aircraft.

II. SPECIFIC COVERAGE REQUIREMENTS

1.0 Amount of Insurance

1.1 Physical Damage

$21,900,000 - Total value of the aircraft owned by the County and for which they are legallyliable. See Appendix A for detailed underwriting information for the aircraft.

1.2 Liability

The County will be responsible for all property claims that are caused by rotorwash.

$50,000,000 - Per occurrence, combined single limit for bodily injury and property damage,including passenger(s) for liability arising from ownership, maintenance and operation ofscheduled aircraft. This limit applies to each aircraft.

The liability coverage provided should also include coverage for medical expenses with limitsof $25,000 for each person and each occurrence and includes coverage for crew members.

2.0 Special Policy Conditions

2.1 Coverage shall include the level of coverage stated in the Summary of Aircraft Coverages inAttachment C based on the policy provisions in the specimen policy from Chartis AerospaceInsurance Services, Inc. in Attachment C.

2.2 Coverage for external load operations, use of a “Bambi Bucket” during fire fighting operationsand use of a rescue hoist during rescue operations are included.

2.3 City of Austin, Seton Healthcare Network, and Scott and White Memorial Hospital TempleTexas are listed as “additional insureds” on the policies issued under this contract unless Countynotifies Contractor that City ofAustin, Seton Healthcare Network or White Memorial Hospital

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Temple Texas or any of them should be removed as an additional insured with respect to theoperations of Travis County EMS.

2.4 Premiums are payable annually.

2.5 An endorsement that indicates that Travis County’s elective and appointive officials areconsidered Named Insureds when acting within the scope of their duties for Travis Countyrelated to the operation of covered property and operations.

2.6 An endorsement to amend the issued policy to indicate that the first exclusion under CoverageT: Search and Rescue, which excludes any claims for any expense or cost arising out of anygovernment or military search and rescue operations does not apply to search and rescueoperations conducted by the Named Insured.

2.7 An endorsement to amend the issued policy to indicate that section A subsection f underExclusions and endorsement 9 subsection fwhich excludes claims caused by use by or underthe order of any Government or public or local authority only applies to any Government orpublic or local authority other than the Named Insured.

2.8 In the specimen policy in Endorsement 12 B renewal I, all references to 60thshall be changedto “1 20”.

3.0 Exclusions

Contractor has indicated all exclusions that will be included in the aviation insurance policy issued incompliance with the contract.

III. UNDERWRITING DATA

1.0 The coverage is on the following aircraft.

1 .1 2005 Eurocopter EC-145, License #N373TC, passenger capacity of six, with an insured valueof $7,300,000.

1.2 2005 Eurocopter EC-1 45, License #N378TC, passenger capacity of six, with an insured valueof $7,300,000.

1.3 2009 Eurocopter EC-l 55-B!, License #N392TC, passenger capacity of six, with an insuredvalue of $7,300,000.

2.0 The following provides additional information on the aircraft and its operations.

2.1 The aircraft shall be used primarily as an air ambulance; however, the aircraft shall also beused for support of local law enforcement, fire fighting, and other governmental rescueoperations. The operations include use external load operations aiid use of a “Bambi” waterbucket during fire fighting operations and a rescue hoist for rescue operations.

2.2 One helicopter is regularly based at Brackenridge Hospital helipad. One helicopter isregularly based at Dell Children’s Medical Center of Central Texas helipad. The thirdhelicopter is based at the Star Flight hanger. In the event of severe weather the helicopters at

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Brackenridge and Dell Children’s Medical Center of Central Texas are moved to the StarFlight hanger for protection. All three locations are FAA approved helipads.

2.3 Air ambulance service extends 150 nautical miles with an occasional transport to medicalfacilities located in the larger surrounding metropolitan areas.

2.4 Routine seating configuration during each flight is to be one pilot (employed by TravisCounty); one flight nurse; and one flight paramedic (without regard to source of theiremployment). Maximum number of patients per flight is two and no family members ofpatients are allowed as passengers unless deemed necessary by on-scene medical personnel.

2.5 The Director of Operations-Aviation monitors annual medical physicals for pilots andmaintains regular medical checks for health conditions.

2.6 A safety program is set forth in the operations manual. It includes a pre- and post-accidentplan. The operations manual further specifies that crews shall wear protective clothing.Medical crews are also trained in helicopter safety.

2.7 The aircraft will operate primarily on behalfofthe Austin/Travis County Emergency MedicalSystem; providing services to Brackenridge Hospital, Seton Hospital, Austin Heart Hospital,and North Austin Medical Center transporting emergency patients to or from their respectivefacilities. However, on occasion, the aircraft also transports emergency patients to othermedical facilities within the 150 nautical mile radius around Austin.

2.8 Each pilot has a commercial license and a rotary-wing instrument rating. The pilots meet 3000hours total time, including 2000 hours turbine engine time. Any pilot commercially licensed,approved by Chief Pilot, and employed by Travis County is insured even if that pilot has lessthan the required rating. Travis County will require carrier approval ofany non-Travis Countyemployed reserved pilot flying in the second seat with less than the required rating. Reservedpilot will be commercially licensed.

2.9 The operations manual restricts local VFR operation to:

Condition Ceiling Visibility

Daytime 500 feet I mile

Night (Urban) 500 feet 2 miles

Night (Rural) 1000 feet 3 miles

Rural is defined as a geographical area within the service area that is without sufficientartificial lighting present to detect a visible horizon while in flight.

Public Service Operations are basic VFR weather minimums.

2.10 Travis County in-house maintenance personnel perform regular maintenance on helicopters atStar Flight Hanger; pilots perform fueling of aircraft at the Brackenridge helipad and at theStar Flight Hanger. Quality control of fuel is assured.

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2.11 There is a hangar available to conduct maintenance which meets general safety requirementsand to provide protection during adverse weather conditions.

2.12 There are at least two Airframe and Power plant mechanics available for the aircraft. Aircraftmaintenance personnel are factory-trained on the make and model. In addition, they receiveongoing training to maintain and update these skills.

2.13 The aircrafts are expected to operate interchangeably so that each aircraft will be operatedapproximately 400 hours per year.

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ATTACHMENT BPART III - SPECIAL PROVISIONS

1.0 Warranties:Contractor warrants that all of the information provided is true and correct and that Contractor will useits best efforts to provide high quality service to County. If County is dissatisfied with theperformance of the account representative regularly assigned to work for County; a representativeacceptable to County will replace this account representative.

2.0 Reports RequiredAt the County’s request, Contractor shall submit written reports to the County that verify compliancewith requirements of the contract.

3.0 Underwriting Information DisclaimerContractor acknowledges that Contractor has fully reviewed the contents of th is contract, includingAttachments A, B, C and D, and requested any additional supporting information that Contractorrequired to enter into this contract. The ultimate responsibility for determining the full extent of theexposure and verification of all information presented in this contract rests solely with the Contractor.County is not responsible for any errors or omissions in these specifications, or any failure byContractor to determine the full extent of the exposures.

4.0 INSURANCE AND LIABILITY:During the period of this contract, Contractor shall maintain at his expense, insurance with limits notless than those prescribed below. With respect to required insurance, Contractor shall:

4.1 Name County as additional insured, as its interests may appear.

4.2 Provide County a waiver of subrogation.

4.3 Provide County with a thirty (30) calendar days advance written notice of cancellation ormaterial change to said insurance.

4.4 Provide the County Purchasing Agent at the address for notice, a Certificate of Insuranceevidencing required coverage within ten (10) calendar days after receipt ofNotice of Awardand within ten (10) calendar days of each renewal of the coverage. Also, please assure yourcertificate contains the contract number as indicated on the Contract Award form whenissued by Travis County.

4.4 Submit an original certificate of insurance reflecting coverage as follows:

Professional Liability (Errors and Omissions) $1,000,000.00(with aggregate limit available that is not less than the stated amount)

Workers Compensation Statutory

Business Automobile Liability:Bodily Injury! Property Damage(Combined single limit) $1,000,000.00

Commercial General Liabi I ity (Including Contractual Liabi I ity):

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Personal Injury, Bodily Injury, Property Damage(Combined single limit) $1,000,000.00

Employers’ Liability:Accidental Bodily Injury, (Each Injury) $100,000.00By Disease $100,000.00Aggregate for Disease $1,000,000.00

Coverage may be layered as assigned by Contractor but the aggregate limit available shall notbe less than the stated amounts. Policies for these coverages except Professional liability mustbe issued by an insurance company that is authorized to do business in Texas and has an A.M. Best rating of at least A.

PART IV - GENERAL PROVISIONS

1.0 GENERAL DEFINITIONS:

1.1 “Auditor” means the Travis County Auditor or her designee.

1.2 “Commissioners Court” means Travis County Commissioners Court.

1.3 “County Building” means any County owned buildings and does not include buildings leasedby County.

1.4 “Is doing business” and “has done business” mean:

1.4.1 Paying or receiving in any calendar year any money or other valuable thing which isworth more than $250 in the aggregate in exchange for personal services or forpurchase of any property or property interest, either real or personal, either legal orequitable; or

1.4.2 Loaning or receiving a loan of money; or goods or otherwise creating or having inexistence any legal obligation or debt with a value ofmore than $250 in the aggregatein a calendar year;

1 .4.3 but does not include

1.4.3.1 any retail transaction for goods or services sold to a Key Contracting Personat a posted, published, or marked price available to the general public,

1 .4.3.2 any financial services product sold to a Key Contracting Person for personal,family, or household purposes in accordance with pricing guidelinesapplicable to similarly situated individuals with similar risks as determinedby Contractor in the ordinary course of its business; and

1.4.2.3. a transaction for financial services or insurance coverage made on behalfofContractor if Contractor is a national or multinational corporation by anagent, employee or other representative of Contractor who does not kiiowand is not in a position that he or she should have known about this Contract.

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1.5 “Key Contracting Person” means any person or business listed in Exhibit A to Affidavit.

1.6 “Purchasing Agent” means the Travis County Purchasing Agent.

1.7 “County” means Travis County, Texas, a political subdivision of the State of Texas.

1.8 “Historically Underutilized Business” or “HUB” means any entity or association formed tomake a profit in which one (1) or more persons who are educationally or economicallydisadvantaged because of their identification as members of one of the following groups:African Americans, Hispanic Americans, Asian Pacific Americans, Native Americans orWomen of any ethnicity have the following rights:

1.8.1 own at least fifty-one percent (5 1%) of all classes of shares or other equitablesecurities and have incidents of ownership, including an interest in profit and loss,equivalent to the percentage of capital, equipment or expertise contributed to thebusiness where ownership is measured as though the community property interest ofa spouse is the separate property of that spouse, if both spouses certify in writing thatthe non-participating spouse relinquishes control over his or her spouse, and his orher community property, and not as if it is subject to the community property interestof the other spouse; and

1 .8.2 have a proportionate interest and demonstrated active participation in the control,operation and management of the business’s affairs; where control means havingrecognized ultimate control over all day-to-day decisions affecting the business, andis be known to, and at least tacitly acknowledged in day-to-day operations byemployees of the business and by those with whom business is conducted, andholding a title commensurate with that control.

2.0 CONTRACTOR CERTIFICATIONS:

2.1 Contractor certifies that Contractor is a duly qualified, capable, and bondable business entity,Contractor is not in receivership and does not contemplate it, and Contractor has not filed forbankruptcy and does not contemplate it. Further Contractor certifies that Contractor is notcurrently delinquent with respect to payment of property taxes within Travis County.

2.2 Contractor warrants that all applicable copyrights, patents, and licenses which now exist ormay in the future exist on materials used in this contract have been adhered to and furtherwarrants that County shall not be liable for any infringement of those rights and any rightsgranted to County shall apply for the duration ofthe contract. Contractor, at its own expense,shall indemnify County, its officers, agents and employees from all claims, losses, damages,causes of action and liability of every kind including expenses of litigation, and court costsand attorney fees for damages to any person or property arising in connection with any allegedor actual infringement ofexisting licenses, patents, or copyrights applicable to materials usedin this contract. This Subsection 2.2 shall not be construed as a waiver of County’s sovereignimmunity; and, County retains all of its affirmative defenses.

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3.0 PAYMENTS:

3.1 Contractor shall provide County with an Internal Revenue Form W-9, Request forTaxpayer Identification Number and Certification, that is completed in compliancewith the Internal Revenue Code and its rules and regulations before any Contractfunds are payable.

3.2 Payment shall be made by check or warrant by County upon satisfactory delivery andacceptance of the goods and services and submission of an invoice in compliance with thiscontract to the address below:

County AuditorP.O. Box 1748Austin, Texas 78767-1 748

3.3 As a minimum, invoices shall include: (i) Name, address, and telephone number of Carrierand similar information ifpayment is to be made to a different address, (ii) County Contract,or Purchase Order number, (iii) identification of service(s) or coverage as outlined in thecontract, (iv) quantity or quantities, applicable unit prices, total prices, and total amount, and(v) any additional payment information which may be called for by the contract. County willnot pay invoices that are in excess of the amount authorized by the Purchase Order.

3.4 Payment shall be deemed to have been made on the date of mailing of the check or warrant.For purposes ofpayment discounts, time will begin upon satisfactory delivery ofproducts andservices and/or submission ofacceptable invoice, whichever is last. Partial payments will notbe made unless specifically requested and approved by County prior to Contract award.

3.5 Accrual and payment of interest on overdue payments shall be governed by TEX. GOVT CODEANN.,ch. 2251.

4.0 OFFICIALS NOT TO BENEFIT: If a member ofthe Commissioners Court belongs to a cooperativeassociation, the County may purchase services from the association only if no member of theCommissioners Court will receive a pecuniary benefit from the purchase, other than as reflected in anincrease in dividends distributed generally to members of the association.

5.0 COVENANT AGAINST CONTINGENT FEES: Contractor warraiits that no persons or sellingagency has been retained to solicit this contract upon an understanding for a commission, percentage,brokerage, or contingent fee, excepting bona fide employees or bona fide established commercialselling agencies maintained by the Contractor to secure business. For breach or violation of thiswarranty, County shall have the right to terminate this contract without liability, or in its discretion, asapplicable, to add to or deduct from the contract price for consideration, or otherwise recover, the fullamount of such commission, percentage, brokerage, or contingent fee.

6.0 FORCE MAJEURE: If the performance by either party ofany of its obligations under this Contractis interrupted or delayed due to federal or state laws or the rules, regulations, or orders of any publicbody or official purporting to exercise authority or control respecting the operations covered by thiscontract, or caused by strikes not against County or Contractor, actions ofelements, or acts ofGod anddelays due to these causes, then that party shall be excused from performance for the period of timethat is reasonably necessary to remedy the effects of that cause.

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7.0 DISPUTES AND APPEALS: The Purchasing Agent acts as the County representative in the issuanceand administration of this contract in relation to disputes. Any document, notice, or correspondencenot issued by or to the Purchasing Agent, or other authorized person, in relation to disputes is voidunless otherwise stated in this contract. If the Contractor does not agree with any document, notice, orcorrespondence issued by the Purchasing Agent, or other authorized person, the Contractor mustsubmit a written notice to the Purchasing Agent within ten calendar days after receipt of the document,notice, or correspondence, outlining the exact point of disagreement in detail. If the matter is notresolved to the Contractor’s satisfaction, Contractor may submit a Notice of Appeal to theCommissioners Court, through the Purchasing Agent if the Notice is submitted within ten calendardays after receipt of the unsatisfactory reply. Contractor then has the right to be heard byCommissioners Court. If Contractor is still not satisfied, it may pursue the matter in a court ofcompetentjurisdiction. This Subsection 7.0 shall not be construed as a waiver of County’s sovereignimmunity; and, County retains all of its affirmative defenses.

8.0 MEDIATION: When mediation is acceptable to both parties iii resolving a dispute arising underthiscontract, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court ofcompetent jurisdiction, for mediation as described in the TEx. Civ. PRAC. & REM. CODE ANN., §154.073. Unless both parties are satisfied with the result of the mediation, the mediation will notconstitute a final and binding resolution of the dispute. All communications within the scope of themediation must remain confidential as described in TEX. Civ. PRAC. & REM. CODE ANN., § 154.073,unless both parties agree, in writing, to waive the confidentiality.

9.0 NON-WAIVER OF DEFAULT:

9.1 The waiver of a breach of any term or condition of this contract is not a waiver of asubsequent breach of that term or condition, or a breach or subsequent breach of any otherterm or condition. No official, agent, employee or representative of Counly may waive anybreach ofany term or condition of this contract unless expressly granted that specific authorityby Commissioner Court.

9.2 All rights of County under this contract are specifically reserved and any payment, act oromission shall not impair or prejudice any remedy or right of County under it. Aiiy right orremedy in this contract shall not preclude the exercise of any other right or remedy under thiscontract or under any law, nor shall any action taken in the exercise of any right or remedy bedeemed a waiver of any other rights or remedies.

10.0 FUNDING OUT: Despite anything to the contrary in this contract, if, during budget planning andadoption, Commissioners Court fails to provide funding for this Contract for the following fiscal yearof County, County may terminate this contract after giving Contractor thirty (30) days written noticethat this contract is terminated due to the failure to fund it.

11.0 TERMINATION FOR CONVENIENCE: County reserves the right to terminate this contract uponthirty (30) calendar days written notice for any reason deemed by Commissioners Court to serve thepublic interest, or resulting from any governmental law, ordinance, regulation, or court order.Termination for Convenience shall not be made when termination is authorized under any otherprovisions of this contract, and termination for convenience shall not be taken with the intention ofawarding the same or similar contract requirements to another source. In the event of such terminationthe County shall pay the Contractor those costs directly attributable to work done in preparation forcompletion of compliance with contract prior to termination. However, costs which are recoverable in

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the normal course of doing the business in which the Contractor is engaged shall be not paid. Inaddition, costs which can be mitigated through the sale of supplies or inventories shall not be paid. IfCounty pays for the cost of supplies or materials obtained for use under this contract those supplies ormaterials shall become the properly of County and shall be delivered to the FOB point shown in thecontract, or as designated by the Purchasing Agent. County shall not be liable for loss of any profitsanticipated under this contract. This Section 11 .0 shall not be construed as a waiver of County’ssovereign immunity and County retains all of its affirmative defenses.

12.0 TERMINATION FOR DEFAULT: Failure by either County or Contractor to perform anyprovisions of this contract shall constitute a breach of contract. Either party may require correctiveaction within ten (10) calendar days after date of receipt ofwritten notice citing the exact nature oftheother’s breach. Failure to take corrective action or failure to provide a satisfactory written replyexcusing such failure within the ten (10) calendar days shall constitute default. The defaulting partyshall be given a twenty (20) calendar day period within which to show cause why the contract shouldnot be terminated for default. Commissioners Court may take whatever action, as its interest mayappear, resulting from such notice. All notices for corrective action, breach, default or show cause,shall be issued by the Purchasing Agent or County Attorney only and all replies shall be made inwriting to the County Purchasing Agent or County Attorney at the address shown in this AttachmentB. Notices issued by or to anyone other than the Purchasing Agent or County Attorney shall be nulland void, and shall be considered as not having been issued or received. County reserves the right toenforce the performance of this contract in any manner prescribed by law in case of default and maycontract with another party with or without competition or further notification to the Contractoi As aminimum, Contractor shall be required to pay aiiy difference in the cost of securing the servicescovered by this contract, or compensate for any loss or damage to the County derived hereunder if itbecomes necessary to contract with another source because ofa default, plus reasonable administrativecosts and attorney’s fees. In the event ofTermination for Default, County, its agents or representatives,shall not be liable for loss of any profits anticipated under this contract. This section shall notinterpreted

13.0 FORFEITURE OF CONTRACT: Contractor shall forfeit all benefits of the contract and Countyshall retain all performance by Contractor and recover all consideration or the value of allconsideration paid to Contractor pursuant to this contract if:

13.1 Contractor was doing business at the time of submitting its proposal or had done businessduring the 365 day period immediately prior to the date on which its proposal was due withone or more Key Contracting Persons, if Contractor has not disclosed the name of that KeyContracting Person in Exhibit A, Ethics Affidavit, which is expressly incorporated in thiscontract; or

13.2 Contractor does business with a Key Contracting Person after the date on which the proposalthat resulted in this contract was submitted and prior to full performance of the contract andfails to disclose the name of that Key Contracting Person in writing to each member of theCommissioners Court and to the County Clerk within ten (10) days after commencingbusiness with that Key Contracting Person.

14.0 CHANGES:

14.1 Unless specifically provided otherwise in this contract any change to the terms ofthis contractor any attachments to it shall be made by written change order signed by both parties. ThePurchasing Agent may at any time, by written document, make changes within the geneial

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scope of this contract that do not result in premium changes in any one of the following:

14.1.1 Description of services;

14.1.2 Place of delivery;

14.1.3 Any aspect of contract to correct errors of a general administrative nature or othermistakes, the correction of which does not affect the scope of the contract and doesnot result in expense to the Contractor.

14.2 It is acknowledged by Contractor that no officer, agent, employee or representative ofCountyhas any authority to change the scope of this contract or any attachments to it unless expresslygranted that specific authority by the Commissioners Court.

14.3 If any change under 14.1 causes an increase or decrease in the cost, or time required forperformance ofany part of the work under this contract, the Commissioners Court shall makean equitable adjustment in the contract price, the delivery schedule, or both, and modify thecontract. The Contractor must submit any “proposal for adjustment” within 30 days after thedate of receipt of the written order.

14.4 Contractor shall submit all requests for alterations, additions or deletions of the terms of thiscontract or any attachment to it to the Purchasing Agent. The Purchasing Agent shall presentContractor’s requests to Commissioners Court for consideration.

15.0 ASSIGNMENT:

15.1 Assignment. The parties to this contract shall not assign any of the rights or obligation underthis agreement without the prior written consent of the other party. No official, employee,representative or agent of County has the authority to approve any assignment under thiscontract unless that specific authority is expressly granted by Commissioners Court.

15.2 Successors Bound. The terms, provisions, covenants, obligations and conditions of thiscontract are binding upon and inure to the benefit ofthe successors in interest and the assignsof the parties to this contract if the assignment or transfer is made in compliance with theprovisions of this contract.

15.3 If a change of name is required, the Purchasing Agent shall be notified immediately. Nochange in the obligation of or to Contractor will be recognized until it is approved byCommissioners Court.

16.0 COUNTY ACCESS: Contractor shall maintain and make available all books, documents, and otherevidence pertinent to the costs and expenses of this contract for inspection, audit or reproduction byany authorized representative of County to the extent this detail will properly reflect these costs aiidexpense. These include all costs; both direct and indirect costs, cost of labor, material, equipment,supplies, and services, and all other costs and expenses ofwhatever nature for which reimbursement isclaimed under this contract. All required records shall be maintained until an audit is completed andall required questions arising therefrom are resolved, or 3 years after completion of the contract term,whichever occurs first; however, the records shall be retained beyond the third year if an audit is inprogress or the findings of a completed audit have not been resolved satisfactorily.

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17.0 MONITORING: County reserves the right to perform periodic on-site monitoring of Contractor’scompliance with the terms of this contract, and of the adequacy and timeliness of Contractor’sperformance under this contract. After each monitoring visit, County shall provide Contractor with awritten report of the monitor’s find ings. If the report notes deficiencies in Contractor’s performancesunder the terms ofthis contract, it shall include requirements and deadlines for the correction ofthosedeficiencies by Contractor. Contractor shall take action specified in the monitoring report prior to thedeadlines specified.

18.0 CIVIL RIGHTS/ADA COMPLIANCE: Contractor shall provide all services and activities requiredin a manner that would comply with the Civil Rights Act of 1964, as amended, the Rehabilitation Actof 1973, Public Law 93-1122, Section 504, and with the provisions ofthe Americans With DisabilitiesAct of 1990, Public Law 101-336 [S.933] if Contractor were an entity bound to comply with theselaws. Contractor shall not discriminate against any employee or applicant for employment based onrace, religion, color, sex, national origin, age or handicapped condition.

19.0 GRATUITIES: County may terminate this contract if it is found that gratuities of any kind includingentertainment, or gifts were offered or given by the Contractor or any agent or representative of theContractor to any County Official or employee with a view toward securing favorable treatment withrespect of this contract. If this contract is terminated by the County pursuant to this provision, Countyshall be entitled, in addition to any other rights and remedies, to recover from the Contractor at leastthree times the cost incurred by Contractor in providing the gratuities.

20.0 ASSIGNMENT OF CONTRACT AND PROHIBITION OF MORTGAGE: Contractor must nottransfer or assign any part of or right or interest in this Contract, directly or indirectly, voluntary orinvoluntary without the express written approval of the Commissioners Court. Contractor must notexecute any mortgage, or issue any bonds, shares of stock, or other evidence of interest in Countybuildings.

21.0 NOTICES:

21.1 Any notice required or permitted to be given under this contract by one party to the other shallbe in writing. The notice is deemed to have been given immediately if delivered in person tothe party to whom the notice is given. The notice is deemed to have been given on the thirdday following mailing if placed in the Untied States Mail, postage prepaid, by registered orcertified mail with return receipt requested, addressed to the party to whom the notice is to begiven at the address set forth in this section.

21.2 The address of County for all purposes under this contract shall be:

Cyd Grimes, C.P.M.Purchasing AgentP.O. Box 1748Austin, Texas 78767-1748

With copies to (registered or certified mail with return receipt is not required):

Honorable David Escamilla (or his successor in office)Travis County AttorneyP.O. Box 1748Austin, Texas 78767-1748

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21.3 The address of the Contractor for all purposes under this contract shall be:

Donn Gauger, Vice President and Account ExecutiveFalcon Insurance Agency, Inc.5316 Highway 290 W, Suite 440Austin, Texas 78735

21.4 Each party may change the address for notice to it by giving notice of the change incompliance with this section.

22.0 CONSTRUCTION OF CONTRACT:

22.1 Law and Venue. This Contract is governed by the laws of the United States of America andTexas and all obligations under this contract are performable in Travis County, Texas. Venuefor any dispute arising out of this contract is in Travis County, Texas.

22.2 Severability. If any portion of this contract is ruled invalid, illegal, or unenforceable in anyrespect by a court of competent jurisdiction, the remainder of it shall remain valid andbinding.

22.3 Headings. Headings and titles at the beginning of the various provisions ofthis contract havebeen included only to make it easier to locate the subject matter covered by that provision orsubsection and shall not be used in construing this contract.

22.4 Computation of Time. When any period of time is stated in this contract, the time shall becomputed to exclude the first day and include the last day of period. If the last day of anyperiod falls on a Saturday, Suiiday, or a day that Travis County has declared a holiday for itsemployees, these days shall be omitted from the computation. All hours stated in this contractare stated in Central Standard Time or Central Daylight Saving Time as applicable in Austin,Texas at that time of year.

22.5 Gender and Number. Words of any gender in this contract shall be construed to include anyother gender and words in either number shall be construed to include the other unless thecontext in the contract clearly requires otherwise.

23.0 ENTIRE CONTRACT: All oral and written agreements between the parties to this contract relatingto the subject matter ofthis contract that were made prior to the execution of this contract have beenreduced to writing and are contained in this contract.

24.0 CONTRACTOR INDEMNIFICATION:

24.1 Contractor shall indemnify County, its officers, agents, and employees, from and against anyand all third party claims, losses, damages, causes of action, suits, and liability of every kindwhether meritorious or not and, including all expenses of litigation, court costs, andreasonable attorney’s fees arising in connection with the services provided by Contractorunder this Contract. This Section 24.0 shall not be construed as a waiver of County’ssovereign immunity; and County retains all of its affirmative defenses.

25.0 ADDITIONAL GENERAL PROVISIONS:

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25.1 County may assign any of its obligations under this contract.

25.2 Contractor must comply with all federal and state laws and regulations, city and countyordinances, orders, and regulations, relating in any way to this contract.

25.3 Contractor must secure all permits and licenses, pay all charges and fees, and give all noticesnecessary for lawful operations.

25.4 Contractor must pay all taxes and license fees imposed by the federal and the stategovernments and their agencies and political subdivisions upon the property and business ofContractor.

25.5 Despite anything to the contrary in this contract, if the Contractor is delinquent in payment ofproperty taxes at the time of providing services, Contractor hereby assigns the portion of theamount payable under this contract equal to the amount Contractor is delinquent in propertytax payments to the Travis County Tax Assessor-Collector for the payment of the delinquenttaxes.

26. DISBURSEMENTS TO PERSONS WITH OUTSTANDING DEBT

26.1 In this section, “Debt” includes delinquent taxes, fines, fees, and indebtedness arising fromwritten contracts with the County.

26.2 In accordance with Section 154.045 of the Local Government Code, if notice of Debt hasbeen filed with the County Auditor or County Treasurer evidencing the Debt of Contractor tothe state, the county or an salary fund; a check or warrant may not be drawn on a county fundin favor of Contractor, or an agent or assignee of Contractor until the County Treasurernotifies Contractor in writing that the Debt is outstanding and the Debt is paid.

26.3 County may apply any funds County owes Contractor to the outstanding balance of the Debtfor which notice is made under 26.2 if the notice includes a statement that the amount owedby the County to Contractor may be applied to reduce the outstanding Debt.

27.0 DESIGNATED COUNTY HOLIDAYS 2011: No deliveries will be accepted on designatedholidays, unless specific prior arrangements have been made. Below is the approved holiday schedule.Future schedules are expected to be similar.

HOLIDAY 2011New Year’s Day Friday Dec 31, 2010Martin Luther King, Jr. Day Monday Jan 17 2011President’s Day Moiiday Feb 21 2011Memorial Day Monday May 30 2011Independence Day Monday Jul 04 2011Labor Day Monday Sep 05 2011Veteran’s Day Friday Nov 11 2011Thursday before Thanksgiving Thursday Nov 24 2011Thanksgiving Day Friday Nov 25 2011Christmas Season Friday Dec 23 2011Christmas Season Monday Dec 26 2011

Updated 9/22/11, 3:40 p.m.

28.0 CERTIFICATION OF ELIGIBILITY: Contractor certifies that at the time of submission of itsoffer, it was not on the Federal Government’s list of suspended, ineligible, or debarred contractors andthat Contractor has not been placed on this list between the time that its offer was submitted and thetime of execution of this contract. If the Contractor is placed on this list during the term of thiscontract, Contractor shall notify the Travis County Purchasing Agent. False certification or failure tonotify may result in terminating this contract for default.

29.0 CONFLICT OF INTEREST QUESTIONNAIRE: Contractor shall update the Conflict of InterestQuestionnaire completed and filed with the County Clerk, Elections Division, 5501 Airport Blvd.,Austin, Tx 78751, as required by Chapter 176 ofthe Local Government Code, by September 1, 2012,and each year thereafter if this contract continues. In addition, if any statement on this submittedQuestionnaire becomes incomplete or inaccurate, Contractor shall submit an updated Questionnaire,not later than the seventh (7th1) business day after the date of an event that makes a statement in theQuestionnaire incomplete or inaccurate. Contractor acknowledges that the law requires the County toprovide access to this Questionnaire on the official Travis County Internet website.

APPROVED AS TO FORM:

County Attorney Date:_____

AVAILABILITY OF FUNDS CONFIRMED:

Susan Spataro, Travis County Auditor Date:_____

COMPLIANCE WITH LAW AND POLICY CONFIRMED AND APPROVED:

Cyd V. Grimes, Travis County Purchasing Agent Date:

Updated 9/22/11, 3:40 p.m.

Attachment CTRAvIS COuNTY EMS

SUMMARY OF AIRCRAFT C0VERAGEs

PHYsIcAL DAMAGE CovERAGE Agreed Value - AllFOR SCHEDULED AIRcRAFT $7,300,000 each Risk Ground &(INCLUDING WAR RISK) Flight

Subject toDeductibles of:

$NILRotors Not in Motion

$NILRotors In Motion

LIABILITY FOR SCHEDULED $25,000,000AIRCRAFT(INcLuDING WAR RISK Alternate LimitsLIABILITY) quoted Combined Single

. $30,000,000 Limit, EachOccurrence

$40,000,000

$50,000,000

Single Limit Bodily Injury and PropertyDamage, including passengers. Liabilityarising from ownership, maintenance andoperation of scheduled aircraft.

LIABILITY COVERAGE FOR THE $Highest Each OccurrenceUSE OF NON-OWNED AIRCRAFT LimitAND TEMPORARY SuBsnTum PurchasedAIRcRAFT

Single Limit Bodily Injury and PropertyDamage, including Passengers. Liability foruse of any non-owned, aircraft notexceeding fifteen (15) seats or leased forperiod exceeding thirty (30) consecutivedays.

LIABILITY FOR PROPERTY $25,000,000 Each OccurrenceDAMAGE TO NON OWNED

——

AIRcRAFT Liabillty for Property Damage to Non OwnedAircraft arising out of the use of any non-owned, aircraft not exceeding fifteen (15)seats or leased for period exceeding thirty(30) consecutive days.

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TRAvIs COuNTY EMS

SUMMARY OF AxRcRr C0vERAGEs

LIABILITY FOR PROPERTY $25,000,000 Each OccurrenceDAMAGE TO TEMPoRARY

Liability for Property Damage to TemporarySUBSTITUTE AIRCRAFT Substitute Aircraft.

PASSENGER VOLUNTARY $500,000 Each Occurrence,SETTLEMENTS $500,000 Each Crew MemberFOR SCHEDULED AIRCRAFT, NON

Maximum weekly indemnity Limit $1,000OWNED AIRcRAFT, ANDTEMPORARY SUBSTITUTE Maximum Indemnity Period 52 consecutiveAIRCRAFT weeks.

Regardless of legal liability and withoutadmitting to the liability of any party, thecompany will offer to pay on behalf of theinsured the sum requested by the namedinsured to or for the benefit of each coveredpassenger if Bodily Injury results in thepermanent or total disability, or the loss ofone or more limbs.

LIABILITY FOR PROPERTY $10,000,000 Each OccurrenceDAMAGE TO AIRCRAFT HANGARS Coverage for damage to non-owned hangarsAND THEIR CONTENTS and their contents in your care, custody and

control that results from your negligence.HANGARKEEPERS LIABILITY $25,000,000 Each Aircraft / Each

Auto

Each Occurrence$25,000,000

Liability arising from damage to non-ownedaircraft (or autos) while in the care, custodyand control for which you are legally

-____________________

responsiblePREMISES LIABILITY $ Highest Each Occurrence

Limit. Purchased

Coverage for bodily injury and or damage tosomeone else’s property resulting from yourownership, maintenance or use of Airportpremises.

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TRAvIs CouNTY EMS

TEMPORARY REPLAcEMENT PARTSRENTAL EXPENSE

REPLAcEMENT AIRcRAFT RENTALEXPENSE

RUNWAY FoAMING AND CRASHCONTROL EXPENSES, ORUNEXPECTED LANDING1

$ 250,000 Each Loss

Coverage for the rental of temporary partswhile aircraft is being repaired. Minimumrequired repair period of five(5) days.

$ 3,300 Each Day

$ 500,000 Each Loss

Coverage for the rental of like make andmodel aircraft to be used during repair ofdamage by a covered cause of loss toscheduled aircraft. Minimum required repairperiod of five (5) days. Each day coveragelimit is subject to a maximum ofQ.days.

$1,000,000 Each Occurrence

Coverage for emergency expenses incurredfor runway foaming, fire crash and rescueoperations. The policy will extend to pay forthe expenses of disassembly and removal ofan aircraft insured under this policy from aplace of emergency or unexpected landingto the nearest airport, provided that theplace of emergency or unexpected landing isinadequate for a safe take-off for flight.

SUMMARY OF AIRcRAFT COvERAGE5

FIRE LEGAL LIABILFrY $100,000 Each Occurrence

Coverage for property damage caused byfire to structures and fixtures that arerented or leased by the named insured

PHYSICAL DAMAGE COVERAGE As respects spare engines, spare partsFOR SPARE ENGINES AND SPARE or Mechanics Tools.PARTS AND MECHANICS TooLs.

$1,000,000 Each Loss

NIL Deductible Each Loss

SRcH AND RESCUE EXPENSES $1,000,000 Each Occurrence

Expenses for search or rescue operations formissing scheduled aircraft, but only afterauthorities have abandoned searchoperations.

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TRAvIS CouNTY EMS

MEDICAL PAYMENTS FOR:

SUMMARY OF AIRCRAFT C0vERAGEs

SCHEDULED AIRCRAFT

TEMPoRARY OR SUBSTITUTEAIRCRAFT

$ 25,000

$ 25,000

Each Occurrence

Each Occurrence

NON OWNED AIRCRAFT

EACH NON —CREW MEMBERPASSENGER

$ 25,000

$ 25,000

Each Occurrence

Each OccurrenceEACH CREW MEMBER

WITH RESPECT TO AVIATIONPREMISES

$ 25,000

$250,000

Each Person

Each Occurrence

Includes coverage for Crew Members.

To pay the reasonable Medical expense (Expensesfor medical, surgical, dental, ambulance, hospital,professional nursing and funeral services) incurredwithin on year from date of injury, to or for eachpassenger who sustains bodily injury caused by anoccurrence, provided the aircraft is being used by orwith permission of the named insured.

AuTOMATIC INSURANCE FOR $25,000,000 Maximum PhysicalNEWLY ACQUIRED AIRCRAFT Damage Limit

Automatic Insurance for any one newlyacquired aircraft without prior approval. Foraircraft not exceeding 15 total seats. Aircraftaddition reporting grace period is 30consecutive days.

AuToMATIC INCREASE IN $25,000,000 Any one aircraft.PHYsICAL DAMAGE COVERAGE Automatic Increase in Insured value for

aircraft physical damage coverage due tomodification or additional equipment withoutprior approval. Such increase in value mustbe reported to the underwriters within 30

. days of the completion of such modificationor additional equipment.

PERSONAL EFFECTS AND BAGGAGE $ 15,000 Each Person, includingCOVERAGE crew members

Coverage for luggage, and other contentsthat travelers normally carry.

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TRAvIs CouNTY EMS

________

SUMMARY OF AIRcRAFT C0vERAGEs

BREACH OF WARRANTY As required by lienholder — if any.

LIABILITY FOR THE SALE OF $ Highest Each OccurrenceAIRcRAFT AND AIRcRAFT LimitPRODUCTS & SERvIcEs Purchased

Coverage for Bodily Injury and PropertyDamage for Sale of owned aircraft, aircraftparts or maintenance services.

LIABILITY FOR THE OPERATION $ Highest Each OccurrenceOF MOBILE EQUIPMENT Limit

Purchased

Liability for the ownership, operation, ormaintenance of Mobile Equipment. MobileEquipment shall mean a land vehicle(including machinery or apparatus attached)that is not subject to motor vehicleregistration or is issued exclusively onpremises owned or rented to the NamedInsured.

LIABILITY UNDER CoNTRAcTuAL $ Highest Each OccurrenceAGREEMENTS ASSUMED BY THE LimitNAMED INSURED Purchased

Liability assumed by insured under a writtencontract or agreement relative to theownership, maintenance or use of thescheduled aircraft. (Excluding temporaryaircraft storage, minor servicingagreements, and military or governmentalagreements for the use of airport or lease ofpremises.)

LIABILITY FOR PERsONAL INJURY $ Highest Each Offense and in theLimit Annual Aggregate

. Purchased

Will provide protection against one or moreof the following offenses committed duringthe policy period and arising out of theownership, maintenance or use of coveredaircraft. False arrest, detention orimprisonment; malicious prosecution;wrongful entry or eviction; invasion of theright of private occupancy; libel or slander,except if it is committed with the insured’sconsent if known false.

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TRAVIS CouNTY EMS

_______

INADVERTENT FAILuRE TO

____

RERt

It is agreed that knowledge of anOccurrence by an agent, servant, oremployee of the Insured will not in itselfconstitute knowledge by the Insured unlesssuch notice has been received by theInsured’s.

The insured’s rights under this policy will notbe affected if they fail to give such notice ofan accident or Occurrence solely becausethey reasonably believed that the accidentor Occurrence was not covered by thispolicy.

Not withstanding any other provision(s) ofthis policy, inadvertent errors or omissionsand/or failure in furnishing information,notification or reports required will notprejudice the coverage afforded by thispolicy provided the insured notifies theCompany within a reasonable time after theerror or omission is discovered; provided,however this paragraph does not apply tothe Insured’s obligation to promptly notifyand report to the Aviation Managers anOccurrence, loss, claim, suite filed, or anyother legal action, as required by this policy.

SUMMARY OF AIRCRAFT C0vERAGEs

KNowLEDGE & CONSENT

FAILURE TO NoTIFY

CHARTER REFERRAL $ Highest Each OccurrenceLimitPurchased

Liability for the referral of passengers.

USE OF BAMBI BUCKET Included.

BONDS The cost of Bail Bonds not to exceed $5,000.Required of an Insured because of anOccurrence or violation of laws orregulations for civil aviation arising out ofthe use of scheduled aircraft, temporarysubstitute aircraft, or non owned aircraft, oraviation premises.

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TRAvIS COuNTY EMS

SUMMARY OF AIRcRAFT C0vERAGEs

TRIP INTERRUPTION EXPENSE $15,000 Each Passenger / EachLoss.

Only with respect to aircraft insured forGround & Flight Physical Damage Coverage.The company will reimburse the NamedInsured for their reasonable expenses offood, travel and lodging of passengers fromthe place where an aircraft insured underthe policy for Physical Damage Loss suffersa covered loss for Physical damage, to thefinal destination or to where they originallyboarded the flight.

LAY UP CREDIT FOR SCHEDULED A pro rated return of6O% of the applicableAIRCRAFT premium at policy expiration if the schedule

aircraft is laid up for 30 or more consecutivedays.

Host LIQuoR $ Highest Each OccurrenceLimitPurchased

Liability arising from the serving of alcoholicbeverages provided not engaged in thedistribution or sale of alcoholic beverages.The limit is part of and not in addition to theprimary limit of liability.

CARGo LIABILITY $1,000,000 Each Occurrence

Coverage for non-owned property beingtransported in aircraft. (Nil Deductible)

TRIA CovERAGE Coverage for TRIA (Terrorism RiskInsurance Act) is available and offered asper the Policyholder Disclosure — Notice ofTerrorism Insurance Coverage. (a separateform for each limit quoted is included withproposa Is)

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SUMMARY OF AIRCRAFT C0vERAGEs

GOOD ExPERIENCE REruRN The Company shall return to the NamedPREMIUM ENDORSEMENT Insured for a twelve (12) month period

an amount equal to 15% of thefollowing:

70% of the earned premium that is notassociated with the purchase of anyWar Physical Damage or War Liabilitycoverages provided by this policy, lesspaid claims, reserves, and claimsexpenses.

FELLOW EMPLOYEE COVERAGE Included.

LIABILITY FOR OPERATION OF AN $ Highest Each OccurrenceAUTO WHILE ON AIRPORT LimitPREMISES Purchased

Liability afforded to licenses vehicleswhile operating on airport premises.

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TRAvIs CouNTY EMS

AIRcRAFT LIABILITY / PHYSICAL DAMAGE C0vERAGEs

D AIRcRAFT POLICY LIMITATIONS I C0NDIU0Ns

D Approved Uses: Your Pleasure & business Use, your EMSOperations, Search & Rescue Missions,support of local law enforcement, externalload use of Bambi Bucket, fire fightingoperations and other governmental rescueoperations.

11 Approved Pilots: Any pilot as approved by the NamedInsured’s Chief Pilot or their designee.

Underwriters will only require that pilotssuccessfully complete a motion-based simulatortraining course for the Make and Modelaircraft/helicopter operated every 24 months /within 24 months of the flight involved.

Approved WorldwideTerritory:

D Notice of Ninety (90) days, except in the event ofCancellation: non-payment of premium, then the standard

ten (10) days notice shall apply.

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TRAvIS COUNTY EMS

D MAJOR EXCLUSIONS

Wear and Tear

Deterioration

Conversion, Embezzlement or Secretion

Non adherence to pilot requirements or approved uses

Pollution except arising from an accident

Electronic Date Recognition Limitation

Nuclear Risks Exclusion Clause

Asbestos Exclusion Endorsement

NOTE: Not all exclusions are shown. It will be necessary to refer to the actual policy for coverage,conditions, provisions and limitations.

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TRAvIs CouNTY EMS

CLAIMS SETTLEMENT

The underwriters have advised that the County will be fully paid for insured losses withinthirty (30) calendar days, but in no event great than sixty (60) calendar days following filing

of a properly completed “Sworn Proof of Loss” with an appropriate representative of theinsurance company.

DISCLOSURE OF CoMMIssIoNs

The industry standard commission received for aviation hull & liability is 15%.Falcon Insurance Agency, Inc. will disclose commissions upon request.

QUARTERLY Loss REPORTS

Chartis will provide Quarterly loss reports as requested / required.

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TRAvIS COuNTY EMS

INSURED AIRcRAFT / HEUc0PTERSCHEDULE

AIRcRAFT N NUMBER PASSENGER INSURED VALUECAPAcnY

2005 Eurocopter EC-145 N373TC 6 pax $7,300,000

2005 Eurocopter EC-145 N378TC 6 pax $7,300,000

2009 Eurocopter EC-155 Bi N392TC 6 pax $7,300,000

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TRAvIS COUNTY EMS

PREMIUM SUMMARY

Option 4 ($5OMiI CSL Liability Limit)

CovEIAGE PREMIUM

Huu..s $7,300,000 EACH $62,050 EACH

HULL WAR RISK $2,613 EACH

LIABILrn’ $50,000,000 CSL $ 4,238 EACH

WAR RISK LIABILITY $ 471. EACH

BAMBI BUCKET $INCLUDED

TOTAL AIRCAFT PREMIUM $69,372 EACH

TOTAL ANNUAL POLICY PREMIUM $208,116

GOOD EXPERIENCE RETURN WILL GENERATE RETURNPREMIUM AS OUTLINEDIN THE ENDORSEMENTPROVISION

• QUARTERLY PREMIUM PAYMENTS AVAILABLE.

• TRIA — SEE ATTACHED POLICYHOLDER DISCLOSURE FORMS.

• SPECIMEN POLICY — SEE ATTACHED / FOLLOWING.

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TRAvIs CouNTY EMS

SPECIMEN POLICY

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GOLD MEDALLION COMPREHENSIVEBUSINESS AIRCRAFT POLICY

FOR

SPECIMEN

POLICY NUMBER

TX 100000000-01

INSURED BY

COMMERCE AND INDUSTRY INSURANCE COMPANY

ISSUED BY

CHARTIS AEROSPACE INSURANCE SERVICES, INC.600 N. Pearl Street Suite 700

Dallas, TX 75201

ARRANGED BY

GLDO4 (1/05) © Copyright Chartis Inc. All Rights Reserved

Updated 9/22/11, 3:40 p.m.

This policy is issued by: COMMERCE AND INDUSTRY INSURANCE COMPANY175 WATER STREET, 18TH FLOORNEW YORK, NY 10038

DECLARATIONS

Policy Number 100000000.01 Previous Policy Number SPECIMEN

This section along with the Policy Provisions and any endorsements attached hereto completes this numberedGold Medallion Comprehensive Business Aircraft Policy, Issued by the company as indicated above (hereinaftercalled the Company).

ITEM 1. Named Insured:SPECIMEN

ITEM 2. Address:SPECIMENSPECIMEN

ITEM 3. Policy Period: From: August 3, 2011Until: August 3, 2012

both at 12:01 AM standard time at the first address shown in ITEM 2. above.

ITEM 4. Limit of the Company’s Liability:

The limit of the Company’s liability provided by each coverage part will not exceed:

PART ONE - LIABILITY COVERAGES

Coverage A: Liability Coverage for Scheduled Aircraft

$ Each Occurrence

Coverage B: Liability for the Use of Non-Owned Aircraft and Temporary SubstItute Aircraft

$ Each Occurrence

Maximum Number of Seats:

Reporting Grace Period: consecutive days

GLDO4 (1/05) 1 of 7 © Copyright Chartis Inc. All Rights Reserved

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Coverage C: Liability for Property Damage to Non-Owned Aircraft

$ Each Occurrence

Reporting Grace Penod: consecutive days

This limit is part of, and not in addition to, the limit provided for Coverage B.

Coverage D: Liability for Property Damage to Temporary Substitute Aircraft

$ Each Occurrence

This limit is part of, and not in addition to, the limit provided for Coverage B.

Coverage E: Liability for Aviation Premises

$ Each Occurrence$ Any One Fire

Coverage F: Hangarkeepers’ Liability

$ Each Aircraft I Each Auto$ Each Occurrence

Deductible: $ Each Occurrence

Coverage C: Liability for Non-Owned Hangars and Their Contents

$ Each Occurrence

This limit Is part of, and not in addition to, the limit provided for Coverage A, B, or E, whichever applies tothe loss.

Coverage H: Liability for the Sale of Aircraft and Aircraft Products and Services

$ Each Occurrence

Coverage I: Liability for the Operation of Mobile Equipment

$ Each Occurrence

This limit is part of, and not in addition to, the limit provided for Coverage E.

GLDO4 (1/05) 2 of 7 © Copyright Chartis Inc. All Rights Reserved

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Coverage J: Liability for Personal and Advertising Injury

$ Each Offense and in the annual aggregate

This limit is part of, and not in addition to, the limit provided for Coverage A, B, or E, whichever applies tothe loss.

Coverage K: Cargo Liability

$ Each Occurrence

Deductible: $ Each Occurrence

This limit is part of, and not in addition to, the limit provided for Coverage A, B, or E, whichever applies tothe loss.

Coverage L: Personal Effects arid Baggage Expense

$ Each Passenger and Crew Member

This limit is part of, and not in addition to, the limit provided for Coverage A, B, or E, whichever applies tothe loss.

Coverage M: Passenger Voluntary Settlements

Settlement Limits:

A) With respect to any Scheduled Aircraft or Temporary Substitute Aircraft:

Each Non-Crew Member Passenger: $ Each Occurrence

Each Crew Member: $ Each Occurrence

B) With respect to any Non-Owned Aircraft except a Temporary Substitute Aircraft:

Each Non-Crew Member Passenger: $ Each Occurrence

Each Crew Member: $ Each Occurrence

Total All Non-Owned Aircraft CrewMembers and Non-Crew MemberPassengers Combined: $ Each Occurrence

Maximum Weekly Indemnity Limit: $ Each Passenger

Maximum indemnity Period: consecutive weeks

These limits are part of, and not in addition to, the limit provided for Coverage A or B, whichever appliesto the loss.

GLDO4 (1/05) 3 of 7 © Copyright Chartis Inc. All Rights Reserved

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PART TWO - PHYSICAL DAMAGE COVERAGES

Coverage N: Physical Damage Coverage for Scheduled Aircraft

DeductiblesFAA Cert. Year Seats Insured Not In- In-Motion!Number Make & Model Built Crew/Pass Value Motion Ingestion

$ $ $

Coverage 0: PhysIcal DamageCoverageforSpare Engines, Spare Parts andMechanlcsTools

$ Each Occurrence

Deductible $ Each Occurrence

Coverage P: Automatic Insurance for Newly Acquired Aircraft

Maximum Physical Damage Limit: $any one Aircraft without prior approval.

Maximum number of seats:

Reporting Grace Period: consecutive days

Coverage 0: Physical Damage Coverage for Increased Value of Scheduled Aircraft

Scheduled Aircraft Maximum Automatic Physical Damage Limit:

$ any one Aircraft without prior approval

PART THREE - ADDITIONAL COVERAGES

Coverage R: Temporary Replacement Parts Rental Expense

$ Each Loss

Minimum required repair period:

______

days

GLDO4 (1/05) 4 of 7 © Copyright Chartis Inc. All flights Reserved

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Coverage S: Replacement Aircraft Rental Expense : -

$ Each day for no more than a maximum coverage period ofconsecutive days, not to exceed

$ Each Loss -4..

Minimum required repair period days

Coverage T: Search and Rescue Expenses

$ Each Loss

Coverage U: Runway / Aircraft Foaming, Airport Crash Fire & Rescue and Emergency or UnexpectedLanding

$ Each Loss

Coverage V: Trip Interruption Expense

$ Each Crew Member or Passenger Each Loss

Coverage W: Lay-Up Credit for Scheduled Aircraft

A pro-rated return of % of the applicable premium at policy expiration if the Scheduled Aircraftis laid up for

______

or more consecutive days.

PART FOUR - MEDICAL EXPENSES

Coverage X: Medical Expenses

A) With respect to any Scheduled Aircraft or Temporary Substitute Aircraft:

Each Non-Crew Member Passenger: $ Each OccurrenceEach Crew Member: $ Each Occurrence

B) With respect to any Non-Owned Aircraft:

Each Non-Crew Member Passenger: $ Each OccurrenceEach Crew Member: $ Each Occurrence

C) With respect to any Aviation Premises

$ Each Person$ Each Occurrence

GLDO4 (1/05) 5 of 7 © Copyright Chartis Inc. All Rights Reserved

Updated 9/22/11, 3:40 p.m.

The pilot requirements in ITEM 5. shall apply only while Aircraft Is In-Flight.

The pilot requirements In ITEM 5. shall not apply to Non-Owned Aircraft, Temporary Substitute Aircraft, or toScheduled Aircraft while such Scheduled Aircraft is under the care, custody, or control of an FAA approvedrepair station for the purpose of maintenance, repair or test flight.

)ITEM 5. Pilots:

:--‘

GLDO4 (1/05) 6 of 7 © Copyright Chartis Inc. All Rights Reserved

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ITEM 6. Policy Premium: $

Due and Payable Amount

ITEM 7. Endorsements Attached as of Inception: -—

SEE ATTACHED FORMS SCHEDULE

Producer

Countersigneci

At

_______________________________________

Approved By

_________________________________

(Authorized Representative)

By(Authorized Representative) Date of Issue Auaust 3. 2011

GLDO4 (1/05) 7 of 7 © Copyright Chartis Inc. All Rights Reserved

Updated 9/22/11, 3:40 p.m.

FORMS SCHEDULE

POLICYHOLDER SPECIMEN

POLICY NO. TX 100000000-01

POLICY PERIOD: From August 3, 2011 to August 3. 2012

The following forms are attached to the policy at inception.

FORM NUMBER ANDVERSION DATE FORM TITLE

GLDO4 (01-05) DeclarationsGLDO2CI (01-05) Gold Medallion Comprehensive Business Aircraft PolicyGLD1 270 (03-10) Covg U Runway A/C Foaming A/P Crash Fire & Rescue & Emergency

Unexpected Landing AmendatoryGLD834 (05-08) Knowledge of Occurrence and Failure to Report EndorsementGLDO7 (01-05) Air Ambulance ClauseUE882 (01-05) Asbestos Exclusion EndorsementUE38B (01-05) Nuclear Risks Exclusion Clause AVN38BUE2000A (01-05) Date Recognition Exclusion Clause AVN2000AUE46B (01-05) Noise and Pollution and Other Perils Exclusion Clause AVN46BUE1 066 (03-08) Terrorism Exclusion - Certified ActsUE48B (01-05) War Hi-jacking and Other Perils Exclusion Clause Aviation AVN48BGLD1 006 (04-08) Good Experience Return Excluding War PremiumGLD934 (01-05) Additional Insured Endorsement74802 (10-01) Texas Liability Insurance Amendatory Endorsement Cancellation

and Nonrenewal94396 (04-07) Texas NoticeUE1 013 (06-06) Policyholder NoticeUE86 (09-07) Mexico Warning

All other provisions of this policy remain the same.

UE1276 (6/10) Page 1

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GOLD MEDALLION COMPREHENSIVE BUSINESS AIRCRAFT POLICY

Contents

SECTION I DEFINITIONS 1

SECTION II COVERAGES

Part One - Liability Coverages 7

Coverage A - Liability Coverage for Scheduled AIrcraft 7

Coverage B - Liability for the Use of Non-Owned Aircraft and 7Temporary Substitute Aircraft

Coverage C - Liability for Property Damage to Non-Owned 8Aircraft

Coverage D - Liability for Property Damage to Temporary 8Substitute Aircraft

Coverage E - Liability for Aviation Premises 8

Coverage F - Hangarkeepers Liability 9

Coverage G - Liability for Non-Owned Hangars and Their 10Contents

Coverage H - Liability for the Sale of Aircraft and Aircraft 10Products and Services

Coverage I - Liability for the Operations of Mobile Equipment 10

Coverage J - Liability for Personal and Advertising injury 11

Coverage K - Cargo Liability 12

Coverage L - Personal Effects and Baggage Expense 12

Coverage M - Passenger Voluntary Settlements 13

Who is an Insured 14

Defense, Settlement and Supplementary Payments of Liability 16Claims

Exclusions for Part One - Liability Coverages and Defense, 16Settlement and Supplementary Payments

Limits of Liability for Part One - Liability Coverage 18

GLDO2 (1/05) © Copyright Chartis Inc. All Rights Reserved

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Part Two - Physical Damage Coverages 19

Coverage N - Physical Damage Coverage for Scheduled Aircraft 19

Coverage 0- Physical Damage Coverage for Spare EngInes, 19Spare Parts, and Mechanic’s Tools

Coverage P - Newly Acquired Aircraft 19

Coverage Q - Physical Damage Coverage for Increased Value of 20Scheduled Aircraft

Exclusions for Part Two - Physical Damage Coverages 20

Limits of Liability for Part Two - Physical Damage Coverages 21

Conditions for Part Two - Physical Damage Coverages 23

Part Three - Additional Coverages 23

Coverage R - Temporary Replacement Parts Rental Expense 23

Coverage S - Replacement Aircraft Rental Expense 23

Coverage T - Search and Rescue Expenses 24

Coverage U - Runway / Aircraft Foaming, Airport Crash Fire & 24Rescue and Emergency Unexpected Landing

Coverage V - Trip Interruption Expense 25

Coverage W - Lay-Up Credit For Scheduled Aircraft 25

Limits of Liability for Part Three - Additional Coverages 25

Part Four - Medical Expenses 26

Coverage X - Medical Expenses 25

Limits of Liability for Part Four - Medical Expenses 26

SECTION III GENERAL POLICY EXCLUSIONS 26

SECTION IV GENERAL POLICY CONDITIONS 30

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This policy is issued by:

COMMERCE AND INDUSTRY INSURANCE COMPANY175 WATER STREET, 18TH FLOOR

NEW YORK, NY 10038

GOLD MEDALLION COMPREHENSIVE BUSINESS AIRCRAFT POLICY

This Policy provides various Coverages. Unless otherwise stated, the Policy Provisions shall apply to allCoverages. Any provision under a specific Coverage shall pertain only to that Coverage unless otherwise stated.Please read the entire Policy to determine your rights, duties and what is and what is not covered.

Throughout this Policy the words “you” and “your” refer to the Named Insured shown in the Declarations and anyother person or organization qualifying as a Named Insured under this Policy. The words “we, “us” and “our” referto the Company providing this insurance.

The word “Insured” means any person or organization qualifying as such under Part One - Liability CoveragesWHO IS AN INSURED.

Other words and phrases that appear in bold type have special meaning. Refer to Policy DEFINITIONS.

SECTION I DEFINITIONS

Aircraft means any Scheduled Aircraft and any other aircraft for which insurance isprovided under this Policy. Aircraft Includes propulsion system, parts, equipmentInstalled in or on the Aircraft, parts that are temporarily removed, and tools andrepair equipment standard for the Aircraft normally carried on the Aircraft.

Actual Cash Value means the cost to replace with new property of like kind and quality, lessdepreciation.

Advertisement means a notice that is broadcasting or published to the general public or specificmarket segments about your goods, products or services for the purpose ofattracting customers or supporters. For the purpose of this definition:

1. Notices that are published include material placed on the Internet or on similarelectronic means of communication; and

2. RegardIng web-sites, only that part of a web-site that is about your goods,products or services for the purpose of attracting customers or supporters isconsidered an Advertisement.

Auto means a land motor vehicle, trailer or semi-trailer designed for travel on publicroads, including any attached machinery or equipment. But also does not includeMobile Equipment.

Aviation Managers means Chartis Aerospace Insurance Services, Inc. or any of its subsidiary oraffiliated companies, branch offices or authorized representatives.

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Aviation Operations means all operations arising from the ownership, maintenance or use of locationsfor aviation activities including that portion of roads or other accesses that adjointhese locations. Aviation Operations include all operations necessary orincidental to aviation activities.

Aviation Premises means the portions of airports, buildings or areas used by the Insured directly inconnection with the ownership, operation, maintenance, or use of any Aircraft forwhich insurance is provided under this policy.

Bodily Injury means physical injury sustained by any person caused by an Occurrence duringthe poliày period Including sickness, disease, mental anguish,or emotional distressIncluding death resulting from any of these at any time.

Coverage Territory means anywhere In the world.

Crew Member means the Pilot-In-Command, co-pilot, flight engineer, flight attendant, orPassenger required for or assisting in aircraft operations.

Disappearance means an Aircraft or flight which is missing and not reported for fifteen (15) daysafter the commencement of a flight.

FAA means the duly constituted authority of the United States of America havingjurisdiction over civil aviation or the Federal Aviation Administration’s dulyconstituted equivalent in any other country.

First Named Insured means the first person or organization named in ITEM 1. of the Declarations.

In-Flight means as respects:

1. Fixed-wing Aircraft - the time commencing from the start of the take-off run ofthe Aircraft and continuing until it has completed its landing roll.

2. Rotor-wing Aircraft - any time the rotors are moving under power for lift-off orflight, until the rotors cease revolving after landing.

3. Any other Aircraft - any time the Aircraft is off a supporting surface as aresult of propulsion, buoyancy or aerodynamic reaction.

In-Motion means:

1. Any time an Aircraft is moving under the power of the Aircraft or momentumgenerated from the Aircraft, or while the Aircraft is In-Flight.

2. Any time the rotors of a rotor-wing Aircraft are moving under the power of therotor-wing Aircraft or momentum generated from a rotor-wing Aircraft, orwhile the rotor-wing Aircraft is In-Flight.

Ingestion means Physical Damage to turbine engines or turbine auxiliary power units,caused by objects or substances which are not part of the engine or itsaccessories, and is the result of a single incident of sufficient severity, whensuch damage Is sustained or upon its discovery, to require repair before furtheruse.

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Insured Contract means:

1. A contract for a lease of premises. However, that portion of the contract for alease of premises that indemnifies any person or organization for damage byfire to premises while rented to you or temporarily occupied by you withpermission of the owner is not an Insured Contract.;

2. A contract for the temporary storage or minor servicing of a ScheduledAircraft or Temporary Substitute Aircraft;

3. Any easement or license agreement, except in connection with construction ordemolition operations on or within fifty (50) feet of a railroad;

4. An obligation, as required by ordinance, to indemnify a municipality, except inconnection with work for a municipality;

5. An elevator maintenance agreement;

6. That part of any other contract or agreement pertaining to your ownership,

_____________________—

maintenance, or use, or operations. Scheduled Aircraft, Temporary-- —

__________—

— Substitute Aircraft, Non-Owned Airraft, or Aviation Premises that isreported to the Aviation Managers within sixty (60) days of execution andagreed by the Aviation Managers to be an insured Contract; and notrejected by the Aviation Managers by mailing to the First Named Insured atthe address shown in ITEM 1. of the Declarations, written notice stating whennot less than ten (10) days thereafter such contract is excluded as an InsuredContract;

7. That part of any other contract or agreement pertaining to your ownership,maintenance, or use, or operation of Scheduled Aircraft. TemporarySubstitute Aircraft, Non-Owned Aircraft, or Aviation Premises (includingan indemnification of a municipality in connection with work performed for amunicipality) under which you assume the tort liability of another party to payfor Bodily injury or Property Damage to a third person or organization. Tortliability means a liability that would be Imposed by law in the absence of anycontract or agreement.

Paragraph 7. does not include that part of any contract or agreement:

a. That indemnifies any person or organization for Bodily Injury or PropertyDamage arising out of the manufacture of aircraft or aircraft parts;

b. That Indemnifies any person or organization for Bodily Injury or PropertyDamage arising out of the “major alteration” or “major repair” of aircraft oraircraft parts as defined by the FAA;

c. Which is agreed to orally by you and another party, unless the contract oragreement is required by a military or government body for you to use anairport;

d. That is entered into after a loss to the extent that it relates to that loss.

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Medical Expense means expenses for first aid administered at the time of the accident;necessary medical, surgical x-ray and dental services, including prostheticdevices and necessary ambulance, hospital, professional nursing services, orfuneral services.

MechanIc’s Tools means tools that are owned, leased or rented by the mechanics employed bythe Named Insured and that are in the care, custody, and control of theNamed Insured or their employed mechanics while acting in their course andscope of duty as such.

Mobile Equipment means a land vehicle, Including any machinery or apparatus attached, whetheror not self-propelled, used in connection with the maintenance or operation ofAircraft or Aviation PremIses that Is:

1. Not subject to motor vehicle registration; or

2. Used exclusively on Aviation Premises owned by or rented to youIncludIng the roadways or property immediately adjoining; or

3. Designed for use principally off public roads.

Named Insured means the person(s) or organization(s) shown in ITEM 1. of the Declarations.

Non-Owned Aircraft means any Aircraft except:

1. AIrcraft owned in whole or in part by or registered to the Named Insured;

2. Aircraft having a seating configuration including all Crew Members andPassenger seats that exceeds the Maximum Number of Seats shown inthe Declarations for Coverage B; or

3. Scheduled Aircraft.

Occurrence means an accident during the policy period, including continuous or repeatedexposure to substantially the same general harmful conditions which results inBodily Injury or Property Damage.

Partial Loss means any PhysIcal Damage loss which is not a Total Loss.

Passenger means any person in, on, or boarding the Aircraft for the purpose of flight orattempted flight.

Personal and AdvertIsing Injury means injury, including consequential Bodily Injury, arising out of one or moreof the followIng offenses committed during the policy period:

1. False arrest, detention, or imprisonment;

2. Malicious prosecution;

3. The wrongful eviction from, wrongful entry into, or invasion of the right ofprivate occupancy of a room, dwelling, or premises that a person occupies,committed by or on behalf or its owner, landlord or lessor;

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4. Oral or written publication, in any manner, of material that slanders or libels aperson or organization or disparages a person’s or organizations goods,products or services;

5. Oral or written publication, in any manner, of material that violates a person’sright of privacy;

6. The use of another’s advertising idea in your Advertisement; or

7. Inadvertent discrimination with respect to withholding or refusal oftransportation except with respect to overbooking.

Physical Damage means accidental, direct physical loss of or damage to Scheduled Aircraft,Spare Engines, Spare Parts, Autos or Mechanic’s Tools during the policyperiod. Physical Damage does not Include loss of use or any residual decreasein value after repairs have been made.

Pilot-In-Command means the pilot aboard the Aircraft who Is responsible for the Aircraft’soperation.

Property Damage means accidental damage to or destruction of the tangible property of otherscaused by an Occurrence during the policy period and the resultant loss of useof the property. Property Damage also means the loss of use of the tangibleproperty of others that is not physically damaged but that is caused by anOccurrence during the policy period.

Salvage Value means the value of damaged property prior to any repairs.

Scheduled Aircraft means Aircraft listed in the Declarations under Coverage N.

Spare Engines means propulsion engines and auxiliary power units which have been or whichare intended to be installed in or on Scheduled Aircraft or TemporarySubstitute Aircraft.

Spare Parts means parts or accessories, except Spare Engines, specifically designed forinstallation in or on Aircraft or Mobile Equipment.

Temporary Substitute Aircraft means any Aircraft other than a Non-Owned Aircraft or Scheduled Aircraftthat Is not owned in whole or in part by you or registered to you, but only whileused In place of Scheduled Aircraft that is temporarily withdrawn from usebecause of its damage, breakdown, repair, modification, inspection, servicing,Physical Damage, or destruction, except:

1. Aircraft owned in whole or in part by or registered to the Named Insured;

2. Aircraft having a seating configuration Including all Crew Members andPassenger seats that exceeds the Maximum Number of Seats shown in theDeclarations for Coverage B; or

3. Scheduled Aircraft.

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Total Loss means any Physical Damage loss for which the cost to repair when added tothe Salvage Value equals or exceeds:

1. The insured value of a Scheduled Aircraft, or

2. The Actual Cash Value or the agreed Insured value of any other insuredproperty.

Theft of the property or Disappearance of the entire Aircraft is considered aTotal Loss.

Transportation Costs means the cost of transportation, by the least expensive means of:

1. Damaged parts from the site of the loss to and from the most practicableplace of repair;

2. Replacement parts from the nearest available source to the site of the loss;or

_____

3. The damaged property to the most practicable place for repair and, then tothe site of the loss or to the lnsureds home airport, whichever is closer.

We may mutually agree with you to transport damaged parts, replacement partsor damaged property to or from locations other than those referenced above.

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SECTION II COVERAGES

PART ONE - LIABILITY COVERAGES

COVERAGE A. Liability Coverage for Scheduled Aircraft

We shall pay on behalf of the Insured those sums which the Insured becomes legally obligated to pay asdamages because of Bodily injury and Property Damage caused by an Occurrence arising out of theownership, maintenance, or use of Scheduled Aircraft.

If we are not permitted by law or statute to pay on behalf of the insured, we will indemnify the Insured for thosesums permitted by law.

COVERAGE B. Liability for the Use of Non-Owned AIrcraft and Temporary Substitute Aircraft

1. Insuring Agreement

We shall pay on behalf of the Insured those sums which the Insured becomes legally obligated to paydamages because of Bodily Injury and Property Damage caused by an Occurrence arising out of theuse of Non-Owned Aircraft or Temporary Substitute Aircraft by or on behalf of an Insured.

If we are not permitted by law or statute to pay on behalf of the Insured, we will indemnify the Insured forthose sums permitted by law.

2. ExclusIons for Coverage B

This coverage shall not pay for any claim:

a. For Bodily Injury or Property Damage which is caused by or results from the design, manufacture,modification, repair, sale, handling, distribution or disposal of goods or products by you or by otherstrading under your name or from services performed by or on behalf of you, including any materials,parts or equipment furnished In connection with such services. This exclusion does not apply toTemporary Substitute Aircraft.

b. Arising out of the use of any Non-owned Aircraft that is the subject of a lease or regular useagreement in excess of the Reporting Grace Period shown in the Declarations for Coverage B unlessreported to the Aviation Managers in accordance with Condition 3. of Coverage B.

3. Conditions for Coverage B

a. You must report to us the lease or regular use of any Non-Owned Aircraft that will exceed theReporting Grace Period stated in the Declarations for Coverage B. We reserve the right to extend or tonot extend coverage for the change in exposure.

b. We may ask for additional Information for any change in Coverage B reported to the AviationManagers. We reserve the right to charge an additional premium for any such change in Coverage B.

c. Inadvertent failure to report this additional information will not void this Coverage provided that youadvise us as soon as practical after the omission is discovered.

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)COVERAGE C. Liability for Properly Damage to Non-Owned Aircraft

1. Insuring Agreement

We shall pay on behalf of the Insured those sums which the Insured becomes legally obligated to pay asdamages because of Properly Damage to Non-Owned Aircraft.

If we are not permitted by law or statute to pay on behalf of the Insured, we will indemnify the insured forthose sums permitted by law.

2. Exclusions for Coverage C

This coverage shall not pay for any claim:

a. For Property Damage which is caused by or results from the design, manufacture, modification,repair, sale, handling, distribution or disposal of goods or products by you or by others trading underyour name or from services performed by or on behalf of you, Including any materials, parts orequipment furnished in connection with such services. This exclusion does not apply to TemporarySubstitute Aircraft.

b. Arising out of the use of any Non-Owned Aircraft that is the subject of a lease or regular useagreement in excess of the Reporting Grace Period shown in the Declarations for Coverage C unlessreported to the Aviation Managers in accordance with Conditions 3. of Coverage C.

3. Conditions for Coverage C

a. You must report to us the lease or regular use of any Non-Owned Aircraft that will exceed theReporting Grace Period stated In the Declarations for Coverage C. We reserve the right to extend or tonot extend coverage for the change in exposure.

b. We may ask for additional information for any change in Coverage C reported to the AviationManagers. We reserve the right to charge an additional premium for any such change in Coverage C.

c. inadvertent failure to report this additional information will not void this Coverage provided that youadvise us as soon as practical after the omission is discovered.

COVERAGE 0. Liability for Property Damage to Temporary Substitute Aircraft

Insuring Agreement

We shall pay on behalf of the insured those sums which the insured becomes legally obligated to pay asdamages because of Properly Damage arising out of an Occurrence to Temporary Substitute Aircraft.

If we are not permitted by law or statute to pay on behalf of the Insured, we will indemnify the Insured for thosesums permitted by law.

COVERAGE E. Liability for Aviation Premises

1. Insuring Agreement

We shall pay on behalf of the Insured those sums which the Insured becomes legally obligated to pay asdamages because of Bodily Injury and Properly Damage due to an Occurrence arising out of theownership, maintenance or use of Aviation Premises. The use of Aviation Premises shall also includethe operation of an Auto while on an airport.

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Notwithstanding Exclusion 6. of Exclusions for Part One - Liability Coverages and Defense, Settlement andSupplementary Payments, we will pay those sums which the Insured becomes legally obligated to pay asdamages because of Property Damage by fire to Premises while rented to you or temporarily occupied byyou with the permission of the owner.

If we are not permitted by law or statute to pay on behalf of the Insured, we will indemnify the Insured forthose sums permitted by law.

2. Definition for Coverage E

Premises means any premises that is rented by you or temporarily occupied by you with thepermission of the owner and used in your Aviation Operations.

3. Exclusions for Coverage E

This coverage shall not apply to:

a. Bodily Injury or Property Damage arising out of the ownership, maintenance, use or entrustment toothers of any Auto owned, operated by or on behalf of or rented or loaned to any Insured while theAuto is on public roadways or public parking areas.

b. Bodily Injury or Property Damage arising out of the ownership, maintenance, use of entrustment toothers of any Auto owned, operated by or on behalf of or rented or loaned to any Insured while theAuto Is off of an airport.

Exclusions 3. a. and b. of Coverage E apply even if the claim against the Insured alleges negligence orother wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, Ifthe Occurrence which caused the Bodily Injury or Property Damage involved the ownership,maintenance, use or entrustment to others of any Auto.

Exclusions 3. a. and b. of Coverage E do not apply to parking of an Auto on or on the ways next to anairport Premises you own or rent provided the Auto is not owned by or rented or loaned to you or theInsured.

COVERAGE F. Hangarkeepers’ Liability

1. Insuring Agreement

We shall pay on behalf of the Insured those sums which the Insured becomes legally obligated to payas damages because of loss to an Aircraft or Auto due to an Occurrence while such Aircraft or Autois in the care, custody, or control of the Insured at an insured Aviation Premises for the purpose ofparking, safekeeping, storage, service or repair.

If we are not permitted by law or statute to pay on behalf of the Insured, we will Indemnify the Insuredfor those sums permitted by law.

2. Exclusions for Coverage F

This coverage shall not pay for:

a. Loss or damage to an Aircraft or Auto or any parts of any Aircraft or Auto:

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i. Owned by, leased to, rented to or loaned to the Insured or partners of the insured;

ii. Owned by, leased to, rented to or loaned to an officer or employee of the insured unless theproperty is an Aircraft in your custody under an agreement for which a charge is made for thepurpose of parking, safekeeping, storage, service or repair, or an Auto in your custody whilesuch officer or employee is using an Aircraft insured by this policy.

b. Loss to Aircraft while In-Flight;

c. Loss to an Aircraft or Auto which is caused by or results from the design, manufacture,modification, repair, sale, handling, distribution or disposal of goods or products by you or byothers trading under your name or from services performed by or on behalf of you, including anymaterials, parts or equipment furnished in connection with such services.

COVERAGE G. Liability for Non-Owned Hangars and Their Contents

Insuring Agreement

We shall pay on behalf of the Insured those sums which the Insured becomes legally obligated to pay asdamages because of Property Damage to hangars and their contents not owned by an Insured arising out ofan Occurrence.

If we are not permitted by law or statute to pay on behalf of the Insured, we will Indemnify the Insured for thosesums permitted by law.

COVERAGE H. Liability for the Sale of Aircraft and Aircraft Products and Services

Insuring Agreement

We shall pay on behalf of the insured those sums which the Insured becomes legally obligated to pay asdamages because of Bodily Injury and Property Damage arising out of an Occurrence and arising out of:

1. The sale or relinquishment from exclusive written lease by you, of any aircraft, or

2. The furnishing to others by you of any materials, parts, equipment, fuel, lubricants, maintenance, orservices used for or in connection with aircraft, Aviation Premises, or Mobile Equipment,

But only if the Bodily injury or Property Damage occurs away from your AvIation Premises afterphysical possession of such aircraft, materials, parts, equipment, fuel, or lubricants have beenrelinquished to others and any maintenance or services have been completed.

3. The furnishing to others by an insured of food or beverages in connection with the operation of Aircraftor Aviation Premises insured by this policy.

If we are not permitted by law or statute to pay on behalf of the Insured, we will indemnify the Insured forthose sums permitted by law.

COVERAGE I. Liability for the Operation of Mobile Equipment

Insuring Agreement

We shall pay on behalf of the Insured those sums which the Insured becomes legally obligated to pay asdamages because of Bodily injury and Property Damage arising out of the ownership, maintenance or use ofMobile Equipment.

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If we are not permitted by law or statute to pay on behalf of the Insured, we will indemnify the Insured for thosesums permitted by law.

COVERAGE J. Liability for Personal and Advertising Injury

1. Insuring Agreement

We shall pay on behalf of the Insured those sums which the Insured becomes legally obligated to pay asdamages because of a Personal and Advertising injury offense to which this policy applies arising out ofthe ownership, maintenance or use of Scheduled Aircraft, Non-Owned Aircraft, Temporary SubstituteAircraft, or Aviation Premises.

2. Exclusions for Coverage J

This coverage shall not apply to:

a. Personal and Advertising Injury caused by or at the direction of the Insured with the knowledge thatthe act would violate the rights of another and would inflict Personal and Advertising Injury.

b. Personal and Advertising Injury arising out of oral or written publication of material, if done by or atthe direction of the Insured with knowledge of its falsity.

c. Personal and Advertising Injury arising out of oral or written publication of material whose firstpublication took place before the beginning of the policy period.

d. Personal and Advertising Injury arising out of a criminal act committed by or at the direction of theInsured.

e. Personal and Advertising Injury for which the insured has assumed liability in a contract oragreement. This exdusion does not apply to liability for damages that the Insured would have in theabsence of the contract or agreement.

f. Personal and Advertising Injury arising out of a breach of contract, except an implied contract to useanother’s advertising Idea in your Advertisement.

g. Personal and Advertising Injury arising out of the failure of goods, products or services to conformwith any statement of quality or performance made In your Advertisement.

h. Personal and Advertising Injury arising out of the wrong description of the price of goods, productsor services stated in your Advertisement.

i. Personal and Advertising Injury arising out of the infringement of copyright, patent, trademark, tradesecret or other intellectual property rights.

However, this exclusion does not apply to infringement, in your Advertisement, of copyright, tradedress or slogan.

j. Personal and Advertising injury committed by an Insured whose business is:

(1) Advertising, broadcasting, publishing or telecasting;(2) Designing or determining content of web-sites for others; or(3) An Internet search, access, content or service provider.

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However, this exclusion does not apply to Paragraphs 1., 2. and 3. of Personal and AdvertisingInjury under SECTION I DEFINITIONS.

For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you orothers anywhere on the Internet, is not by itself, considered the business of advertising,broadcasting, publishing or telecasting.

k. Personal and Advertising Injury arising out of an electronic chatroom or bulletin board theInsured hosts, owns, or over which the Insured exercises control.

I. Personal and Advertising Injury arising out of the unauthorized use of another’s name or productin your e-mail address, domain name or metatag, or any other similar tactics to mislead another’spotential customers.

COVERAGE K. Cargo Liability

1. Insuring Agreement

We shall pay on behalf of the Insured those sums which the Insured becomes legally obligated to payas damages because of loss to the property of others caused by an Occurrence while the property is inthe insured’s care, custody or control and it is on a Scheduled Aircraft, Non-Owned Aircraft orTemporary Substitute AIrcraft or while it is in the custody of an Insured at their Aviation Premisesprior to loading or after unloading from a Scheduled Aircraft, Non-Owned Aircraft, or TemporarySubstitute Aircraft

If we are not permitted by law or statute to pay on behalf of the Insured, we will indemnify the Insured forthose sums permitted by law.

2. Exclusions for Coverage K

This coverage shall not pay for any claim:

a. Arising out of loss of market or any loss arising from delay, whether or not the delay is caused by anOccurrence covered by this policy;

b. Arising out of consequential loss;c. Arising out of any loss in excess of the actual cost of reproducing or replacing destroyed or damaged

manuscripts, notes, currency, checks, securities, accounts, bills, deeds, or any other valuable papers;d. Arising out of the loss or damage to personal effects, jewelry, or baggage of any Passenger; ore. Arising out of any loss caused by wear, tear, deterioration, extremes of temperature or pressure or due

to the perishable or hazardous nature of the property.

COVERAGE L. Personal Effects and Baggage Expense

Insuring Agreement

We shall pay on behalf of the Insured those sums for which you are legally obligated to pay, or you agree topay, to others for Property Damage to the personal effects and baggage of Crew Member(s) orPassenger(s) while the personal effects and baggage are in the care, custody, or control of an Insured.

If we are not permitted by law or statute to pay on behalf of the Insured, we will indemnify the Insured for thosesums permitted by law.

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COVERAGE M. Passenger Voluntary Settlements

1. Insuring Agreement

We shall offer to pay on behalf of the Insured those sums requested by the Named Insured, to or for thebenefit of each covered Passenger, who sustains bodily iniury caused by an Occurrence arising out of theownership, maintenance, or use of Scheduled Aircraft, Temporary Substitute Aircraft or Non-OwnedAircraft by or on behalf of an insured.

if we are not permitted by law or statute to pay on behalf of the insured, we will indemnify the Insured forthose sums permitted by law.

2. Definitions for Coverage M

Body Part(s) means a hand, foot, or eye.

Loss means:

I. With respect to a hand or foot, severance at or above the wrist or ankle;or

ii. With respect to an eye, the entire and irrecoverable loss of sight

Permanent Total Disability means the inability of the injured Passenger, after twelve (12) months ofbeing continuously totally disabled to perform every duty pertaining to theoccupation the person was hired to perform for the rest of that person’s life.

Settlement Limit means the maximum amount we shall pay to or for each Passenger stated inthe Declarations under this Coverage.

Totally Disabled means the complete inability to perform any duty pertaining to one’soccupation.

Bodily Injury means physical Injury caused by an Occurrence during the policy period, thatdirectly or independently from all other causes result in the loss of two or morebody parts, death, or permanent total disability.

3. Exclusions for Coverage M

This coverage shall not pay for any claim:

a. To or on behalf of any Crew Member on any Non-Owned Aircraft unless the Declarations states asettlement limit for Non-Owned Aircraft for Crew Members; and

b. The Crew Members are professional pilots who are regular employees of the Insured acting in theircapacity as professional pilots; or

c. They are Crew Members who routinely operate a Scheduled Aircraft for an Insured, but areoperating Non-Owned Aircraft on behalf of an Insured at the time of the Occurrence.

4. Conditions for Coverage M

a. If requested, the injured Passenger or his or her legal representative shall authorize us to obtain his orher medical reports.

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b. The injured Passenger(s) shall submit to physical examination by the physicians selected by us whenwe may reasonably require before any payment is made.

c. All injured Passenger(s) or their legal representative(s) shall execute a full release approved by us,before any payment shall be made by us. This shall not apply to recipients of weekly indemnitypayments.

d. If the injured Passenger(s) or their legal representative(s) rejects or does not accept an offer fromthe Named Insured within one hundred twenty (120) days of receipt of the offer, or if a claim ismade or suit is brought by the injured Passenger or on his or her behalf, this Coverage shall notapply.

5. Limit of Liability for Coverage M

If the Bodily Injury is direct and independent of all other causes and results in death, permanent totaldisability or loss of body parts:

a. We shall offer to pay up to the settlement limit for death or permanent total disability of thePassenger;

b. We shall offer to pay up to the settlement limit for loss of two or more body parts; or

c. We shall offer to pay up to one-half of the settlement limit for loss of one body part

6. Expense Reimbursement for Weekly Indemnity Payments under Coverage M

If a Passenger becomes totally disabled due to Bodily Injury and qualifies for a settlement limit, weshall reimburse you for payments you choose to make to the totally disabled Passenger for the loss ofearnings as a result of the disability. We, however, shall only pay up to eighty percent (80%) of theaverage weekly wage of the totally disabled Passenger but not exceeding the Maximum WeeklyIndemnity Limit shown in the Declarations. Payments shall be made for the period of continuous totaldisability up to the Maximum Indemnity Period shown in the Declaraions under this Coverage. Thesettlement limit shall be reduced by the amount of any payments that are made under this provision.

WHO IS AN INSURED

A. Each of the following is an Insured for all coverages:

1. You and if you are designated in the Declarations as

a. An individual, you and your spouse are Insureds, but only with respect to the conduct of a business ofwhich you are the sole owner.

b. A partnership or joint venture, you are an Insured. Your members, your partners, and theirspouses are also lnsureds, but only with respect to the conduct of your business.

c. A limited liability company, you are an Insured. Your members are also Insureds, but only withrespect to the conduct of your business. Your managers are Insureds, but only with respect totheir duties as your managers.

d. An organization other than a partnership, joint venture, or limited liability company, you are anInsured. Your executive officers and directors are lnsureds, but only with respect to their dutiesas your officers or directors. Your stockholders are also Insureds, but only with repect to theirliability as stockholders.

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e. A trust, you are an insured. Your trustees are also Insureds, but only with respect to their duties astrustees.

2. Any organization newly formed or acquired by the person or organization named in Item A. 1. of WHO ISAN INSURED other than a partnership, joint venture company, or a limited liability company, provided theperson or organization named in item A. 1. of WHO IS AN INSURED maintains a majority ownershipInterest in such newly formed or acquired organization; however, unless such newly formed or acquiredorganization is reported by you to the Aviation Managers and any additional premium is paid if required,the automatic insurance period for the newly formed or acquired organization will begin on the date offormation or acquisition and end ninety (90) days thereafter or on the expiration of this policy, whicheveroccurs first

B. For all Part One - Liability Coverages and Part Four - Medical Expenses that are applicable to ScheduledAircraft and Temporary Substitute Aircraft:

1. Any director, officer or employee of a Named Insured corporation or a partner of a Named Insuredpartnership or a member or manager of a Named Insured limited liability company while such person isacting in such capacity.

2. Any person or organization while riding in, using or legally responsible for a Scheduled Aircraft orTemporary Substitute Aircraft provided that the use Is within the scope of the permission of the NamedInsured;

3. Any other person or organization but only for their legal liability covered by this policy which arises solelyout of the acts or omissions of the Named insured or an Insured described in Paragraph B. 1.

C. Other than any persons or organizations described in Paragraph A. above, none of the following is consideredan Insured regardless of Paragraphs B. 1., B. 2. and B. 3. above:

1. Any person or organization or their agents or employees engaged in the design, manufacture,maintenance, repair or sale of Aircraft, aircraft engines, components or accessories, or engaged in theoperation of any Aircraft, airport, hangar, flight school, flight service, charter brokerage, or piloting servicewith respect to any Occurrence arising out of such actMty; or

2. The owner, lessor or their agents or employees thereof, of any Temporary Substitute Aircraft.

D. As respects any Part One - Liability Coverages and Part Four - Medical Expenses applicable to Non-OwnedAircraft and Coverage F. Hangarkeepers Liability

Any director, officer or employee of a Named insured corporation or a partner of a Named Insuredpartnership or a member or manager of a Named insured limited liability company while such person isacting in such capacity provided that no person shall be an insured as respects any aircraft owned in wholeor in part by, registered in the name of, or leased for a period in excess of thirty (30) days by such personor any member of that person’s household.

E. As respects any Part One - Liability Coverages and Part Four - Medical Expenses applicable to AviationPremises:

Any director, officer or employee of a Named Insured corporation or a partner of a Named Insuredpartnership or a member or manager of a Named Insured limited liability company while such person is actingin such capacity and as respects the operation of an Auto or Mobile Equipment:

1. Any person while using the Auto or Mobile Equipment with the permission of the Named Insuredprovided the actual use is within the scope of such permission; and

2. Any other person or organization, but only as respects that person’s or organization’s liability because ofacts or omissions of the Named Insured or of an Insured described in E.1. above;

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provided that no person shall be an Insured as respects any Auto or Mobile Equipment owned in whole or inpart by, registered in the name of, or leased for a period in excess of thirty (30) days by such person or anymember of that person’s household.

F. As respects Coverage H. Liability for the Sale of Aircraft and Aircraft Products or Services:

Any director, officer or employee of a Named Insured corporation or a partner of a Named Insuredpartnership or a member or manager of a Named insured limited liability company while such person is actingin such capacity.

DEFENSE, SETTLEMENT AND SUPPLEMENTARY PAYMENTS OF LIABILITY CLAIMS

We have the right and duty to defend any suit against an Insured seeking damages because of Bodily Injury,Personal and Advertising Injury or Properly Damage covered by this policy, even if any allegations of the suitare groundless, false or fraudulent. We may make any investigation and settlement of any claim or suit as wedeem expedient. We will not be obligated to pay any expense, claim or judgement or to defend any suit after theapplicable limit of liability has been exhausted by the payment of judgement or settlements.

We will promptly pay in addition to the applicable limit of liability:

A. All of the expenses and costs taxed against an Insured in any suit we are required to defend including:

1. Any prejudgment interest awarded against an Insured on that part of the judgment we are required to payunder the terms of this policy;

2. All interest on the amount of any judgment that we are required to pay under the terms of this policy whichoccurred after the entry of the judgment and before we have paid, tendered or deposited in court;

3. Any costs for arbitration alleging damages covered by this policy which an Insured must or may submit to;

B. Premium on appeal bonds required or premiums on bonds to release attachment in any suit defended by usfor any amount not to exceed the applicable limit of liability;

C. The cost of bail bonds not to exceed $5,000. required of an Insured, because of an Occurrence or violationof laws or regulations for civil aviation arising out of the use of Scheduled Aircraft, Temporary SubstituteAircraft or Aviation Premises. However, we have no obligation to furnish or apply for bail bonds;

D. Expenses incurred by an Insured for first aid, medical and surgical relief that is imperative at the time of anaccident because of Bodily Injury covered by this policy;

E. All reasonable expenses incurred by an Insured at our request. However, we will not pay more than $250. perday for each of an Insured’s employees for the loss of earnings, wages or salaries; or

F. Any and all other expenses incurred by an Insured that have been approved in advance by us.

EXCLUSIONS FOR PART ONE - LIABILITY COVERAGES AND DEFENSE, SETTLEMENTAND SUPPLEMENTARY PAYMENTS

This insurance does not apply to:

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1. Bodily Injury or Property Damage expected or intended from the standpoint of the Insured. This exclusiondoes not apply to Bodily Injury or Property Damage resulting from the use of reasonable force to protectpersons or property or to prevent the dangerous interference with the use of an Aircraft or operation of anAviation Premises insured by this policy.

2. BodIly Injury or Property Damage for which the Insured is obligated to pay damages by reason of theassumption of liability in a contract or agreement. This exclusion does not apply to liability for damages:

a. That the Insured would have in the absence of the contract or agreement; or

b. Assumed in a contract or agreement that is an Insured Contract, provided the Bodily Injury or PropertyDamage occurs subsequent to the execution of the contract or agreement.

3. Any obligation of the Insured under workers compensation, disability benefits or unemployment compensationlaw or similar law.

4. Any Insured under the policy who is also an Insured under a nuclear energy liability policy issued by NuclearEnergy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear InsuranceAssociation of Canada, or would be an Insured under any such policy but for its termination upon exhaustion ofits limit of liability.

5. BodIly Injury or Personal and Advertising Injury to:

a. An employee of the Insured arising out of and in the course of:

I. Employment by the Insured; or

ii. Performing duties related to the conduct of the Insured’s business; or

b. The spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above.

This exclusion applies:

I. Whether the Insured may be liable as an employer or in any other capacity; and

ii. To any obligation to share damages with or repay someone else who must pay damages because ofthe injury.

This exclusion does not apply to liability assumed by the Insured in any agreement required by a military orgovernmental authority as a prerequisite for using an airport or an airport facility or to liability assumed underan Insured Contract and Coverage M. Passenger Voluntary Settlements.

6, To Property Damage to property the Insured owns, rents or occupies or is loaned to, used by, transported byor in the care, custody or control of the Insured, or to which the Insured Is for any reason exercising physicalcontrol. This exclusion will not apply to the extent that insurance Is provided under Coverage C. Liability forProperty Damage to Non-Owned Aircraft, Coverage D. Liability for Property Damage to TemporarySubstitute Aircraft, Coverage F. Hangarkeeper’s Liability, Coverage G. Liability for Non-Owned Hangars andTheir Contents, Coverage K. Cargo Liability and Coverage L. Personal Effects and Baggage Expense.

7. Bodily Injury or Personal and Advertising Injury to:

a. A person arising out of any:

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i. Refusal to employ;

ii. Termination of employment;

iii. Demotion, reassignment, disciplinary action, performance evaluation, and other employment relatedacts;

iv. Coercion, harassment, humiliation, defamation, discrimination.

b. The spouse, parent, child, brother or sister of that person as a consequence of Bodily Injury or Personaland AdvertIsing Injury to that person at whom any of the employment related practices described inExclusion 7. a. i. through iv. above is directed.

This exclusion 7. applies:

I. Whether the Insured may be liable as an employer or in any other capacity; and

II. To any obligation to share damages or repay someone else who must pay damages because of Injury.

8. BodIly Injury or Property Damage for which any insured may be held liable by reason of:

a. Causing or contributing to the intoxication of any person;

b. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence ofalcohol; or

c. Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.

This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving orfurnishing alcoholic beverages.

Serving or furnishing alcoholic beverages incidental to your Aviation Operations shall not be considered In thebusiness of manufacturing, distributing, selling, or serving alcoholic beverages.

LIMITS OF LIABILITY FOR PART ONE - LIABILITY COVERAGES

Total for all Part One - Liability Coverages

1. The limits shown in the Declarations shall apply separately to each insured Aircraft and each Insured.

2. Regardless of:

a. The number of Insureds;

b. Persons or organizations who sustain Bodily Injury, Personal and Advertising Injury or PropertyDamage;

c. The number of claims made or suits brought because of Bodily Injury, Personal and Advertising Injuryor Property Damage;

Our total liability for all damages because of Bodily Injury and Property Damage sustained by one or morepersons or organizations as a result of any one Occurrence shall not exceed the limit of liability as set forth inthe Declarations for the applicable coverage part as applicable to each Occurrence.

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The aggregate limit shown in the Declarations for any specific coverage is the most we will pay, during the policyperiod, for the sum of all damages under that coverage because of damages for Bodily Injury, Property Damage,or Personal and Advertising Injury to which that coverage applies.

3. All Bodily Injury, Personal and Advertising injury and Property Damage arising out of continuous orrepeated exposure to the same general conditions shall be considered arising out of one Occurrence.

4. The Any One Fire limit shown on the Declarations for Coverage E is the most we will pay under Coverage Ebecause of Property Damage to Premises rented by or temporarily occupied by you and arising out of any oneOccurrence because of fire.

5. The Hangarkeepers’ each loss limit is the most we will pay for the sum of damages under Coverage F becauseof any one loss. Subject to each loss limit above, the Hangarkeepers’ each Aircraft limit is the most we willpay for the sum of damages under Coverage F because of loss to any one Aircraft in any one loss.

PART TWO - PHYSICAL DAMAGE COVERAGES

COVERAGE N. Physical Damage Coverage for Scheduled Aircraft

We shall pay for Physical Damage or Disappearance to a Scheduled Aircraft.

COVERAGE 0. Physical Damage Coverage for Spare Engines, Spare Parts and Mechanic’s Tools

We shall pay for Physical Damage to Spare Engines and Spare Parts which are owned by you.

We shall pay on behalf of the Insured those sums which the Insured becomes legally obligated to pay asdamages because of Property Damage to Spare Engines and Spare Parts which are owned by others forwhich you are or have agreed to be legally responsible.

We shall pay for Physical Damage to Mechanic’s Tools.

If we are not permitted by law or statute to pay on behalf of the Insured, we will indemnify the Insured for thosesums permitted by law.

COVERAGE P. Newly acquired Aircraft

1. insuring AgreementWe shall extend the insurance provided by this policy if, during the policy period, you become the owner orexclusive lessee for a period not in excess of the Reporting Grace Period as stated in the Declarations.

2. Exclusions for Coverage PNo coverage shall apply or be extended to any newly acquired Aircraft that has a combined total CrewMember and Passenger seating capacity greater than the maximum number of seats shown in theDeclarations for Coverage P.

3. Conditions for Coverage Pa. You shall notify us as soon as practicable of the acquisition or exclusive lease;

b. The Limits of Liability for all Part One - Liability Coverages and Part Four - Medical Expensespertaining to the newly acquired Aircraft shall be the same as the highest limits provided for any oneScheduled Aircraft;

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c. The Physical Damage insured value of the newly acquired Aircraft shall be the actual cost of theAircraft to you and shall not exceed the Maximum Physical Damage Limit shown on the Declarationsfor Coverage P; and

d. You shall pay any additional premium required for the newly acquired Aircraft.

COVERAGE 0. PhysIcal Damage Coverage for Increased Value of Scheduled Aircraft

1. Insuring Agreement

If the value of a Scheduled Aircraft is increased during the policy period because of modifications or theaddition of equipment, the Insurance provided under Coverage N. Physical Damage Coverage forScheduled Aircraft of this policy will apply to the increased value.

2. DefInition for Coverage 0

Modification means a physical change to a Scheduled Aircraft to enhance or improveperformance. Modification does not include routine and scheduled maintenance.

3. Conditions for Coverage 0

This coverage shall only apply if:

a. You report to the Aviation Managers any increase in value as soon as reasonably practicable aftercompletion of modifications or additions; and

b. Any additional premiums for the increased values are paid by you.

c. Your inadvertent failure to report to us any increase in value shall not prejudice coverage provided younotify the Aviation Managers as soon as practical after the failure to report is discovered byyou or your insurance manager.

EXCLUSIONS FOR PART TWO - PHYSICAL DAMAGE COVERAGES

1. To loss or damage to tires except where such loss or damage is caused by fire, theft, windstorm or vandalismor is the direct result of Physical Damage covered by this policy;

2. To loss or damage which is due and confined to:

a. Wear, tear, deterioration, freezing;

b. Any electrical malfunction or failure of any electronic component(s), accessory(ies), or electrically poweredequipment;

c. Any mechanical, hydraulic, pneumatic, or structural malfunction or failure,

Unless any such loss or damage In a., b. and c. is the direct result of other Physical Damage covered by thispolicy.

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Damage resulting from electrical malfunction or failure of an electrical component(s), accessory(ies), orelectrically powered equipment is considered breakdown of the entire electrical system containing suchelectronic component(s), accessory(ies), or electrically powered equipment

Damage resulting from the breakdown, failure or malfunction of any engine component, accessory or part isconsidered mechanical breakdown of the entire engine.

3. To loss or damage to turbine aircraft engines and auxiliary power units Insured under this policy if suchdamage is caused by:

a. Foreign objects unless a result of Ingestion;

b. Heat or temperature change from the operation, attempted operation or shutdown of the engine;

unless any such loss or damage is the direct result of other Physical Damage covered by this policy.

LIMITS OF LIABILITY FOR PART TWO - PHYSICAL DAMAGE COVERAGES

Total for all Part Two - Physical Damage Coverages

1. In the event of a Total Loss, we shall pay you no more than:

a. The insured value of the Scheduled Aircraft less any applicable deductible; or

b. Your financial interest in any Spare Engine(s) or Spare Part(s), less any applicable deductible, but not toexceed its Actual Cash Value or the limit of liability for the applicable Coverage shown in the Declarations,whichever is less.

c, Your employee’s financial Interest In any Mechanic’s Tools, less any applicable deductible, but not toexceed Its Actual Cash Value or the limit of liability for the applicable Coverage shown in theDeclarations, whichever Is less.

In no event shall our liability be less than the amount required to be insured in any lease, mortgage or otherfinance agreement under which the Insured has a current obligation subject to a maximum amount equal tothe limit for the Maximum Automatic Physical Damage Limit for Coverage Q. as respects ScheduledAircraft, or the stipulated value required for any Spare Engine or Spare Part subject to a maximum of theeach Occurrence limit for Coverage 0.

Once a Total Loss has been paid our liability with respect to such property will terminate.

2. In the event of a PartIal Loss to Scheduled Aircraft, Spare EngIne(s), Spare Part(s), or Mechanic’s Toolsour lIability will not exceed:

a. If repairs are made by an Insured, the total of the following items, less any applicable deductible:

i The Insured’s net costs for necessary matenal and parts of like kind and quality

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ii. Reasonable Transportation Costs for replacement parts;

iii. The reasonable costs of food, lodging and transportation for the Insured’s employees required for theactual period of repair, if the loss occurs away from the Insured’s base of operation; and

iv. The actual wages paid for labor at the place of repair plus the reasonable cost of required supervisionand overhead.

b. If repairs are not made by an Insured, the total of the following items, less any applicable deductible:

I. The Insured’s net cost to make repairs with material and parts of like kind and quality;

ii. Reasonable Transportation Costs for replacement parts; and

iii. The reasonable costs of transportation, food and lodging expenses for a necessary representative(s)of the Insured to inspect or authorize repairs or test fly the Aircraft but not exceeding 5% of the repaircost estimate or $5,000., whichever is less. This paragraph shall not apply unless the Aircraft is beingrepaired away from its primary base of operations.

c. The insured value of the Scheduled Aircraft; or with respect to Coverage 0. Physical Damage Coveragefor Spare Engines, Spare Parts and Mechanic’s Tools, your financial interest in any Spare Engine orSpare Part Its Actual Cash Value, or the applicable limit of liability shown In the Deciarations, whicheveris less.

d. If we pay a claim for a Partial Loss in an amount equal to the sum payable for a Total Loss, we shall, atour option, be entitled to the salvage. There will, however, be no abandonment of the salvage to us withoutour prior consent.

3. in the event of any Partial Loss, whether or not such loss is covered by this policy, the insured value of theScheduled Aircraft shall be reduced at the time of the loss by the amount of the loss. When repairs begin, theinsured value shall increase by the value of the completed repairs until the insured value of the ScheduledAircraft is fully restored.

4. With respect to any Partial Loss or Total Loss:

a. The amount due under this policy shall not exceed the amount due were the loss payable as a Total Loss;

b. Any salvage value remaining shall inure to our benefit and the Named Insured shall provide clear titlethereto;

c. Any equipment attached to the Aircraft, even if subsequent to the effective date of coverage, shall beconsidered a part of the Aircraft;

d. There shall be no abandonment of any damaged property without our consent.

5. The amount specified as a deductible, if any, for any Scheduled Aircraft shall not apply to any Total Loss,arranged Total Loss, or loss caused by fire, lightning, explosion, transportation of parts, theft, robbery, orpilferage. Any Total Loss caused by fire or explosion, resulting directly or indirectly from the collision or crashof an Aircraft while in-Motion, shall be subject to the In-Motion deductible, if any. The Scheduled Aircraftdeductible shall not apply in the event of a collision with any other aircraft insured by us under another policy.

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CONDITIONS FOR PART TWO - PHYSICAL DAMAGE COVERAGES

1. STOLEN PROPERTY

We have the right to return stolen property any time before the loss is paid with payment for any resultantPhysical Damage.

2. APPRAISAL

If we and the Named Insured fail to agree on the amount of a loss, either may, within sIxty (60) days after aproof of loss is filed, demand an appraisal of the loss. We and the Named Insured shall each select acompetent appraiser and the appraisers shall select a competent and disinterested umpire. The appraisersshall each judge the amount of the loss. If they do not agree, they shall submit their difference to the umpire.Agreement In writing of any two of the three shall determine the amount of the loss. We and the NamedInsured shall each pay our chosen appraiser and shall bear equally the expenses of the appraisal and theumpire. We shall not be held to have waived any of our rights by any act relating to appraisal.

3. UNEARNED PREMIUM INSURANCE

We shall refund the pro-rated unearned premium for any Scheduled Aircraft that is a Total Loss.

PART THREE - ADDITIONAL COVERAGES

COVERAGE R. Temporary Replacement Parts Rental Expense

1. Insuring Agreement

We shall pay your additional expenses if a Scheduled Aircraft sustains PhysIcal Damage covered underthis policy and the time required for repairs exceeds the Minimum Required Repair Period indicated in theDeclarations.

2. Definition for Coverage R

Additional Expenses means the cost of renting or leasing, installing, removing and transportingtemporary replacement component part(s) that are necessary due to PhysicalDamage loss to which this policy applies.

3. Condition for Coverage R

a. This Coverage applies only if you have made reasonable attempts to rent or lease component parts toreplace the parts that are damaged.

b. The time required to repair the damaged Scheduled Aircraft exceeds the Minimum Required RepairPeriod shown under this Coverage in the Declarations.

COVERAGE S. Replacement Aircraft Rental Expense

1. Insuring Agreement

We shall pay your extra expense arising out of Physical Damage to Scheduled Aircraft.

2 Definition for Coverage S

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Extra Expense means the cost of leasing or renting a temporary replacement Aircraft whichexceeds the cost you would have incurred if you could have operated theScheduled Aircraft had it not been damaged.

3. Conditions for Coverage S

We shall not pay for any extra expense(s):

a. Unless the time required to repair the damaged Scheduled Aircraft exceeds the Minimum RequiredRepair Period shown under this Coverage in the Declarations;

b. If another Aircraft is available at no extra charge for Its use;

c. If you acquire through ownership, lease, lease-purchase option or otherwise, a permanent replacementfor the damaged Scheduled Aircraft;

d. For expenses incurred more than seven (7) days after we have tendered payment for a Total Loss; or

e. Beyond the Maximum Coverage Period shown in the Declarations.

COVERAGE T. Search arid Rescue Expenses

1. Insuring Agreement

We shall reimburse the Insured for incurred expenses for search and rescue operations authorized by youfor Aircraft covered under this Policy.

2. Exclusions for Coverage T

We shall not pay for any claim, cost or expense:

a. Arising out of any governmental or military search and rescue operations;

b. Arising out of any loss, disappearance, theft, or damage to any equipment used in connection with thesearch and rescue operations;

c. Arising out of Bodily Injury or death of any persons involved in the search and rescue operations;

d. Incurred after it Is reasonably assumed that there are no survivors; or

e. Associated with any salvage operations.

COVERAGE U. Runway / Aircraft Foaming, Airport Crash Fire & Rescue and Emergency Unexpected Landing

1. Insuring Agreement

We shall reimburse expenses incurred by the Insured for the application of runway or AIrcraft foaming orairport crash, fire and rescue services provided for a Scheduled Aircraft, Temporary SubstituteAircraft or Non-Owned Aircraft. We shall also reimburse the Insured for the reasonable expensesincurred after an emergency landing or unexpected landing at any location that is Inadequate for safe

)

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flight operation for any Aircraft that is insured while In-Flight under this policy for Physical Damageor Properly Damage to such Aircraft We will reimburse all expenses for the disassembly, removaland transportation of the AIrcraft insured under this policy from the place of emergency landing orunexpected landing to the nearest airport or any other airport agreed by us in advance that is suitablefor safe flight operations.

2. Exclusions for Coverage U

We shall not pay for any claim arising out of expenses incurred to correct any mechanical difficulty.

3. Conditions for Coverage U

We reserve the right to pay a Total Loss for any Scheduled Aircraft requiring expenses in excess ofthe insured value for any or all of the reimbursable expenses in Coverage U.

COVERAGE V. Trip Interruption Expense

We shall reimburse the insured for trip interruption expenses for Crew Members and Passengers if aScheduled Aircraft incurs a covered PhysIcal Damage loss or in the case of a Temporary SubstituteAircraft or Non-Owned Aircraft that suffers a covered Property Damage loss. The reimbursable tripinterruption expenses shall be limited to the reasonable expenses of food, clothing, lodging, communicationservices and travel, Incurred from the time of loss and required to continue from the place where an Aircraftsustains a covered loss to the intended final destination of the damaged Aircraft or, back to the placePassenger(s) originally boarded the Aircraft if the trip is discontinued or any other location requested by youand agreed in advance by us.

COVERAGE W. Lay-Up Credit For Scheduled Aircraft

If a Scheduled Aircraft is not used In-Flight for more than the minimum lay-up period shown in theDeclarations because it is out of service for any reason, the Company will return a pro-rata percentage credit ofthe applicable premium for the entire period of the lay-up as shown In the Declarations at the end of the policyperiod. This section will not apply to any Scheduled Aircraft laid up because of any loss or damage coveredby this policy and for which the Insured has submitted a claim.

LIMITS OF LIABILITY FOR PART THREE - ADDITIONAL COVERAGES

Total for all Part Three - Additional Coverages

The applicable limit of liability shown in the Declarations is the most we shall pay for all costs or expensesincurred by or on your behalf for the applicable Coverage.

PART FOUR - MEDICAL EXPENSES

COVERAGE X. Medical Expenses

1. Insuring Agreement

We shall pay reasonable Medical Expenses to or for each person who sustains Bodily Injury caused byan Occurrence, for the period of one (1) year from the date of the Occurrence, arising out of the use ofScheduled Aircraft, Non-Owned Aircraft, and Temporary Substitute Aircraft, provided such use is withyour permission or arising out of your operations on the AvIation Premises you own or rent including waysnext to the Aviation Premises you own or rent.

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2. Exclusions for Coverage X

This coverage shall not apply to any claims:

a. To any Crew Member on any Non-Owned Aircraft, unless including Crew Members shown on theDeclarations and:

i. The Crew Member is an officer, director, stockholder, employee, partner or agent of yours whileacting in his / her capacity as such; or

Ii. The Crew member routinely operates Scheduled Aircraft, but is operating a Non-Owned Aircrafton your behalf at the time of the Occurrence.

b. For Medical Expenses incurred by or br any employee of the Insured to the extent that any suchexpenses are payable under any workers compensation or disability benefits law or under any similarlaw.

c. For any insured who Is also insured under any contract of nuclear energy liability insurance, ineffect at the time of the Occurrence, issued by the Nuclear Energy Liability Insurance Associationor the Mutual Atomic Energy Liability Underwriters that covers the claim, loss, damage or expenseor would cover the claim, loss, damage, or expense if such policy’s Limits of Liability were notexhausted.

3. Conditions for Coverage X

a. Medical Expense payments will not be made to anyone until all valid and collectible medical benefitsavailable under a worker’s compensation or similar law(s) have been exhausted.

b. The injured person or their representative shall give us written proof of claim arid, If requested,authorize us to obtain medical reports and copies of records.

c. The injured person shall submit to physical examination by physicians selected by us when we mayreasonably require.

d. We may pay the injured person or organization directly who rendered the services. Any paymentsmade under this Coverage do not constitute an admission of liability of any person, organization, or us.

LIMITS OF LIABiLITY FOR PART FOUR - MEDICAL EXPENSES

Total for all Part Four - Medical Expenses

The limit of liability shown in the Declarations is the most we shall pay for all MedIcal Expenses costs or expensesincurred by or on your behalf for this Coverage.

SECTION III GENERAL POLICY EXCLUSIONS

A. War, Hijacking and Other Perils Exclusion Clause

This policy does not cover claims caused by:

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a. War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion,revolution, insurrection, martial law, military or usurped power or attempts at usurpation of power;

b. Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other likereaction or radioactive force or matter;

c. Strikes, riots, civil commotions or labor disturbances;

d. Any act of one or more persons, whether or not agents of a sovereign power, for political or terroristpurposes and whether the loss or damage resulting therefrom is accidental or intentional;

e. Any malicious act or act of sabotage;

f. Confiscation, nationalization, seizure, restraint, detention, appropriation, requisition for title or use by orunder the order of any Government (whether civil, military or de facto) or public or local authority;

g. Hijacking or any unlawful seizure or wrongful exercise of control of the Aircraft or crew In-Flight(including any attempt at such seizure or control) made by any person or persons on board the Aircraftacting without the consent of the Insured.

Furthermore, this policy does not cover claims arising whilst the Aircraft is outside the control of the Insured byreason of any of the above perils.

The Aircraft shall be deemed to have been restored to the control of the Insured on the safe return of theAircraft to the Insured at an airfield not excluded by the geographical limits of this policy, and entirely suitablefor the operation of the Aircraft (such safe return shall require that the Aircraft be parked with engines shutdown and under no duress).

B. Nuclear Risks Exclusion Clause

1. This policy does not cover:

i. Loss or destruction of or damage to any property whatsoever or any loss or expense whatsoeverresulting or arising therefrom or any consequential loss;

ii. Any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arisingfrom:

a. The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assemblyor nuclear component thereof;

b. The radioactive properties of, or a combination of radioactive properties with toxic, explosive orother hazardous properties of, any other radioactive material in the course of carriage as cargo,including storage or handling incidental thereto;

c. Ionizing radiations or contamination by radioactivity from, or the toxic, explosive or otherhazardous properties of, any other radioactive source whatsoever.

2. It is understood and agreed that such radioactive material or other radioactive source in paragraph 1. b.and c. above shall not include:

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i. Depleted uranium and natural uranium in any form;

ii. Radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific,medical, agricultural, commercial, educational or industrial purpose.

3. This policy, however, does not cover loss of or destruction of or damage to any property or anyconsequential loss or any legal liability of whatsoever nature with respect to which:

i. The Insured under this policy is also an Insured or an additional insured under any other insurancepolicy, including any nuclear energy liability policy; or

II. Any person or organization is required to maintain financial protection pursuant to legislation in anycountry; or

iii. The Insured under this policy is, or had this policy not been issued would be, entitled to indemnificationfrom any government or agency thereof.

4. Loss, destruction, damage, expense or legal liability in respect of the nuclear risks not excluded by reasonof paragraph 2. shall (subject to all other terms, conditions, limitations, warranties and exclusions of thispolicy) be covered, provided that:

i. In the case of any claim in respect of radioactive material in the course of carriage as cargo, includingstorage or handling incidental thereof, such carriage shall in all respects have complied with the fullInternational Civil Aviation Organization “Technical Instructions for the Safe Transport of DangerousGoods by Air”, unless the carriage shall have been subject to any more restrictive legislation, when itshall in all respects have complied with such legislation;

ii. This policy shall only apply to an incident happening during the period of this policy and where anyclaim by the Insured against the Company or by any claimant against the Insured arising out of suchincident shall have been made within three (3) years after the date thereof;

iii. In the case of any claim for the loss of or destruction of or damage to or loss of use of an aircraftcaused by or contributed to by radioactive contamination, the level of such contamination shall haveexceeded the maximum permissible level set out in the following scale:

Emitter Maximum permissible levelof non-fixed radioactive

(IAEA Health and Safety Regulations) surface contamination

(Averaaed over 300 cn

Beta, gamma and low toxicity alpha emitters Not exceeding 4 Becquerels / cm2(10-4microcuries 1cm2)

All other alpha emitters Not exceeding 0.4 Becquerels / cm2(1 microcuries I cm2)

iv. The cover afforded hereby may be cancelled at any time by the Company giving seven (7) days noticeof cancellation.

C. NOISE AND POLLUTION AND OTHER PERILS EXCLUSION CLAUSE

1. This policy does not cover claims directly or indirectly occasioned by, happening through or inconsequence of:

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a. Noise (whether audible to the human ear or not), vibration, sonic boom and any phenomenaassociated therewith,

b. Pollution and contamination of any kind whatsoever,

c. Electrical and electromagnetic interference,

d. Interference with the use of property;

Unless caused by or resulting In a crash, fire, explosion or collision or a recorded in-Flight emergencycausing abnormal Aircraft operation.

2. With respect to any provision in the policy concerning any duty of the Company to investigate or defendclaims, such provision shall not apply and the Company shall not be required to defend:

a. Claims excluded by paragraph 1., or

b. A claim or claims covered by the policy when combined with any claims excluded by paragraph 1.(referred to below as “Combined Claims”).

3. In respect of any Combined Claims, the Company shall (subject to proof of loss and the limits of the policy)reimburse the Insured for that portion of the following items which may be allocated to the claims coveredby the policy:

a. Damages awarded against the Insured and

b. Defense fees and expenses incurred by the Insured.

4. Nothing herein shall override any radioactive contamination or other exclusion clause attached to orforming a part of this policy.

D. ASBESTOS EXCLUSION

This policy does not cover any claims of any kind whatsoever directly or indirectly relating to, arising out of or inconsequence of:

1. The actual, alleged or threatened exposure to or presence of asbestos in any form whatsoever, including,but not limited to, asbestos fibers or asbestos dust, or any material or product containing, or alleged tocontain, asbestos; or

2. Any obligations, request, demand, order, or statutory or regulatory requirement that any Insured or otherstest for, monitor, clean up, remove, contain, treat, neutralize, protect against or in any other way respond tothe actual, alleged or threatened exposure to or presence of asbestos in any form whatsoever, including,but not limited to, asbestos fibers or asbestos dust, or any material or product containing, or alleged tocontain, asbestos.

However, the exclusion shall not apply to any claim for asbestos exposure caused by or resulting from a crash,fire, explosion, or collision or a recorded In-Flight emergency causing abnormal aircraft operations.

Notwithstanding any other provisions of this policy, Insurers will have no duty to investigate, defend or paydefense costs in respect of any claim excluded in whole or in part under paragraphs 1. or 2. hereof.

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E. COVERAGE TERRITORY

This policy does not cover claims that occur outside of the Coverage Territory.

F. APPROVED PILOT EXCLUSION

This policy shall not apply while an Aircraft insured by this policy is in-Flight unless operated by pilots thatmeet the minimum requirements in ITEM 5. of the Declarations.

SECTION IV GENERAL POLICY CONDITIONS

A. BANKRUPTCY

Bankruptcy or insolvency of the Insured or of the Insured’s estate will not relieve us of our obligations underthis policy.

B. CANCELLATION

1. The First Named Insured shown in the Declarations may cancel this policy by mailing or delivering to usadvance written notice of cancellation.

2. We may cancel this policy by mailing or delivering to the First Named Insured written notice ofcancellation at least:

a. Ten (10) days before the effective date of cancellation if we cancel for non-payment of premium; or

b. Ninety (90) days before the effective date of cancellation if we cancel for any other reason.

3. We will mail or deliver our notice to the First Named Insured’s last mailing address known to us.

4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.

5. If this policy is cancelled, we will send the First Named Insured any premium refund due. If we cancel, therefund will be pro rata. If the First Named Insured cancels, the refund may be less than pro rata. Thecancellation will be effective even if we have not made or offered a refund.

6. If notice is mailed, proof of mailing will be sufficient proof of notice.

C. CHANGES

This policy contains all the agreements between you and us concerning the insurance afforded. The FirstNamed Insured shown in the Declarations is authorized to make changes in the terms of this policy with ourconsent. This policy’s terms can be amended or waived only by endorsement issued by us and made a part ofthis policy.

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D. COUNTRY AND TERRITORIAL JURISDICTION CLAUSE

If coverage for a claim under this policy is in violation of any United States of America’s economic or tradesanctions, including but not limited to, sanctions administered and enforced by the U.S. Treasury Department’sOffice of Foreign Assets Control (“OFAC”), then coverage for that claim shall be null and void.

E. CROSS LIABILITY

This policy shall cover claims by one Insured against another Insured and shall provide the Coverage as if aseparate policy had been issued to each Insured. In no event, however, shall this act to increase or change thelimit of liabIlity nor shall It change any of the other terms, conditions or exclusions of this policy.

F. DEDUCTIBLE

A. You shall be responsible for each applicable deductible amount shown in the Declarations. All claimsarising from a single Occurrence shall be subject to one deductible.

B. We may pay all or part of the deductible to settle a claim or suit. You agree to repay us promptly after wenotify you of the settlement.

G. DUTIES OF THE INSURED IN THE EVENT OF OCCURRENCE, CLAIM, LOSS OR SUIT

In the event of any accident, Occurrence, claim, suit or loss the Insured and/or their legal representativesshall:

1. Not assume any obligation or liability, nor offer to pay any reward except at the Insured’s expense, norincur any expense other than those items listed in this policy.

2. Promptly contact us and follow up with prompt written notice including the:

a. Time, place and description of events;

b. Names and locations of Passengers, witnesses, injured or deceased persons; and

c. Location or description of any damaged property and/or Aircraft.

3. Immediately forward to us every demand, notice, summons, legal paper or any other process they receive;

4. Cooperate and assist us in all matters of any claim or suit;

5. Authorize us to obtain any records relating to a loss;

6. Not abandon the AIrcraft or any other salvage without our prior consent;

7. Take all reasonable precautions to protect the Aircraft or other insured property after any accident or loss.Reasonable expenses incurred in providing such protection will be deemed, “incurred at our request”. Anyfurther loss or damage due to an Insured’s failure to reasonably protect the insured property will not becovered by this policy;

8. Promptly report any suspected theft or vandalism to the local police;

9. Allow us the option to inspect any Aircraft or insured property before any repairs begin or its disposal;

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10. File with us within ninety (90) days after the loss a sworn proof of loss including the information and in the

form we reasonably require and, upon our request, submit to examination under oath;

11. Exhibit the damaged property and produce for our examination all pertinent records and invoices,

permitting copies to be made, at reasonable times and places as we designate;

12. If requested, provIde clear title to us for any property salvage at the time Total Loss payment is made by

us; and

13. Allow us to inspect Aircraft records, repair and service invoices, sales receipts and log books as may be

required in the settlement of any claim.

H. EXAMINATION OF YOUR BOOKS AND RECORDS

We may examine and audit your books and records as they relate to this policy at any time during this policy

period and up to three (3) years afterward.

I. FINANCIAL RESPONSIBILITY LAWS

Upon certification as proof of future financial responsibility under the provisions of any aircraft responsibility

law, all coverages under this policy shall apply, but only up to the applicable limit of liability. The Named

Insured agrees to reimburse us for any payment made which we would not have been obligated to make

under the terms of this policy except for the agreement in this provision.

J. INSPECTIONS AND SURVEYS

1. We have the right to:

a. Make inspections and surveys at any time;

b. Give you reports on the conditions we find; and

c. Recommend changes.

2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions

we do undertake relate only to insurability and the premiums to be charged. We do not make safety

inspections We do not undertake to perform the duty of any person or organization to provide for the

health or safety of workers or the public. And we do not warrant that conditions:

a. Are safe or healthful; or

b. Comply with laws, regulations, codes or standards.

Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or

similar organization which makes insurance inspections, surveys, reports or recommendations.

Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may

make relative to certificatIon, under state or municipal statutes, ordinances or regulations, of boilers, pressure

vessels or elevators.

K. LEGAL ACTION AGAINST US

No person or organization has a right under this policy:

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1. To join us as a party or otherwise bnng us into a “suit” asking for damages from an Insured; or

2. To sue us on this policy unless there has been full compliance with all policy terms.

A person or organization may sue us to recover on an agreed settlement or on a final judgment against an

Insured; but we will not be liable for damages that are not payable under the terms of this policy or that are in

excess of the applicable limit of Insurance. An agreed settlement means a settlement and release of liability

signed by us, the Insured and the claimant or the claimant’s legal representative.

Liability Coverages - With respect to Part One - Liability Coverages, no action will lie against us until the

amount of your obligation to pay has been finally determined either by judgment against you after actual trial

or, by written agreement of you, the claimant and us. Any person, organization, or their legal representative

who has secured such judgment or written agreement will be entitled to recover under this policy to the extent

of the coverages provided by this Policy. No person or organization will have any right under this policy to join

us as a party to any action against you to determine your liability, nor will we be impeded by you or your legal

representative.

Physical Damage Coverages - With respect to Part Two - Physical Damage Coverages, no action will lie

against us, nor will payment for loss be required, until thirty (30) days after the required proof of loss is filedwith us and the amount of loss is determined as described in this policy. Any action against us must be taken

within one (1) year after the date of loss.

Additional Coverages - With respect to all other Coverages, no action will lie against us, nor will payment forloss be required, until thirty (30) days after any required proofs of claims have been filed with us. Any actionagainst us must be taken within one (1) year after the date of loss.

L. OTHER INSURANCE

If other valid and collectible insurance is available to the Insured for a loss we cover by this policy, then ourobligations are limited as follows:

1. Primary Insurance

This insurance is primary except when 2. below applies. If this insurance is primary, our obligations are notaffected unless the other insurance is also primary. Then we will share with all that other insurance by themethod described in 3. below.

2. Excess Insurance

This insurance is excess over any other insurance, whether primary, excess, contingent or on any otherbasis:

(a) If the loss arises out of any Temporary Substitute Aircraft or Non-Owned Aircraft;

(b) If the loss arises out of:

i. Aircraft that you have either sold or relinquished from an exclusive written lease, or

ii. Materials, parts,. equipment, fuel, lubricants or services for aircraft of others provided or performedby you to the extent that insurance is afforded by Coverage I-I. Liability for the Sale of Aircraft andAircraft Products and Services.

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(c) If there is any other primary insurance available to you covering liability for damages arising out of your

ownership maintenance or use of Scheduled Aircraft, Temporary Substitute Aircraft, or

Non-Owned Aircraft operations under which you have been Included as an Insured or added as an

additional Insured by endorsement.

When this insurance Is excess, then we will have no duty arising from any coverage afforded by this policy

to defend the Insured against any suit if any other insurer has a duty to defend the Insured against that

suit. If no other insurer defends, then we will undertake to do so, but we will be entitled to the Insured’s

rights against all those other insurers.

When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, If

any, that exceeds the sum of:

(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance;

and

(b) The total of all deductible and self-Insured amounts set forth in other Insurance.

Using the method described in 3. below, we will share the remaining loss, if any, with any other insurance

that is not described in this Excess Insurance provision and was not bought specifically to apply in excess

of the limits of liability shown In this policy.

3. Method of Sharing

If all the other Insurance permits contribution by equal shares, then we will follow this method also. Under

this approach each insurer contributes equal amounts until it has paid its applicable limit of liability or none

of the loss remains, whichever comes first.

If any of the other insurance does not permit contribution by equal shares, then we will contribute by limits.

Under this method, each insurer’s share is based on the ratio of its applicable limit of liability to the total

applicable limits of liability of all insurers.

4. If the other insurance is written through the Aviation Managers as primary insurance, the total limit of our

liability will not exceed the greatest limit on any one policy.

M. PREMIUMS

The First Named Insured shown in the Declarations:

1. Is responsible for the payment of all premiums; and

2. Will be the payee for any return premiums we pay.

N. RECOVERING DAMAGES FROM A THIRD PARTY

In the event of any payment made under this policy, we will assume all of your rights of recovery against any

person or organization. You will execute and deliver instruments and papers and do whatever else is

necessary to enforce these rights.

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0. REPRESENTATION

By accepting this policy, you agree that the statements in the Application and Declarations are true and theyare your agreements and representations.

You agree this policy Is issued in reliance upon the truth of those representations. This policy includes all of theagreements between you and us or our authorized agents concerning this Insurance.

P. SEPARATION OF INSUREDS

Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to the FirstNamed Insured, this insurance applies:

1. As if each Named Insured were the only Named Insured; and

2. Separately to each Insured against whom claim is made or suit is brought.

Q. STATE STATUTES

If the terms of this policy are in conflict with or inconsistent with the statutes of any state where this policy is ineffect, we will conform to the minimum standards of those statutes.

R. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY

Your rights and duties under this policy may not be transferred without our written consent except in the caseof death of an indMdual Named Insured.

If you die, your rights and duties shall be transferred to your legal representative but only while acting withinthe scope of duties as your legal representative. Until your representative is appointed, anyone having propertemporary custody of your property will have your rights and duties but only with respect to that property.

S. UNITED STATES ARMY, AIR FORCE AND NAVY INSURANCE REQUIREMENTS

If the Aviation Managers on behalf of the Company issues a Department of Defense certificate of insuranceDO Form 2400 or any substitute or replacement thereof, then the insurance policy provisions required by theregulations referred to in the certificate shall be deemed to be incorporated into this policy and substituted forany policy provisions which are Inconsistent with the provisions required by the regulations.

T. TWO OR MORE AIRCRAFT INSURED BY THIS POLICY

In the event that two or more Aircraft are Insured by this policy, the applicable limit of liability and deductibles,if any, will apply separately to each.

U. WHEN WE DECIDE NOT TO RENEW

When we decide not to renew the insurance provided under this policy, we will mail or deliver to the FirstNamed Insured shown in the Declarations written notice of the non renewal not less than sIxty (60) daysbefore expiration.

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By signing below, the President and the Secretary of the Insurer agree on behalf of the Insurer to all the terms of

this policy.

Secretary President

COMMERCE AND INDUSTRY INSURANCE COMPANY

This policy shall not be valid unless signed at the time of issuance by an authorized representative of the Insureron the Declarations page of this policy.

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COVERAGE U. RUNWAY/AIRCRAFT FOAMING, AIRPORT CRASH FIRE & RESCUE ANDEMERGENCY UNEXPECTED LANDING AMENDATORY ENDORSEMENT

This policy is amended as follows:

COVERAGE U. Runway / Aircraft Foaming, Airport Crash Fire & Rescue and Emergency Unexpected Landingset forth under PART THREE - ADDITIONAL COVERAGES - is deleted and replaced with the following:

1. Insuring Agreement

We shall reimburse expenses incurred by the Insured for the application of runway or aircraft foaming orairport crash, fire and rescue services provided for a Scheduled Aircraft, Temporary Substitute Aircraftor Non-Owned Aircraft.

We shall reimburse the Insured for the reasonable expenses incurred for the disassembly and subsequentreassembly, removal and transportation of the Aircraft following an emergency landing or unexpectedlanding at any location that is inadequate for safe flight operations to the nearest airport or any other airportagreed to by us In advance and that is suitable for safe flight operations. This coverage applies only if theAircraft is insured In-Flight hereunder for Physical Damage to Scheduled Aircraft or TemporarySubstitute Aircraft or Property Damage to Non-Owned Aircraft.

2. Exclusions for Coverage U

We shall not pay for any claim arising out of expenses incurred to correct any mechanical difficulty.

3. CondItions for Coverage U

We reserve the right to pay a Total Loss for any Scheduled Aircraft requiring expenses in excess of theinsured value for any or all of the reimbursable expenses in Coverage U.

All other provisions of this policy remain the same.

This endorsement becomes effective August 3. 2011 to be attached to and hereby made a part ofPolicy No. TX 100000000-01 issued to SPECIMEN

By COMMERCE AND INDUSTRY INSURANCE COMPANY

Date of Issue August 3. 2011 By

_______________________

(Authorized Representative)GLD127O (3/10)

Updated 9/22/11, 3:40 p.m.

KNOWLEDGE OF OCCURRENCE AND FAILURE TO REPORT ENDORSEMENT

In consideration of additional premium of $ , this policy is amended as follows:

KNOWLEDGE OF OCCURRENCE

It is agreed that knowledge of an Occurrence by an agent, servant or employee of the Insured will not in itselfconstitute knowledge by the Insured unless such notice has been received by the Insured’s

INSURED’S FAILURE TO NOTIFY

The Insured’s rights under this policy will not be affected if they fail to give notice of an accident or Occurrencesolely because they reasonably believed that the accident or Occurrence was not covered under this policy.

INSURED’S INADVERTENT FAILURE TO REPORT UNDERWRITING INFORMATION

Notwithstanding any other provision(s) of this policy, inadvertent errors or omissions and/or failure in furnishinginformation, notification or reports required will not prejudice the coverage afforded by this policy provided theInsured notifies the Company within a reasonable time after the error or omission is discovered; provided,however, this paragraph does not apply to the Insured’s obligation to promptly notify and report to the AviationManagers an Occurrence, loss, claim, suit filed, or any other legal action, as required by this policy.

All other provisions of this policy remain the same.

This endorsement becomes effective Auoust 3, 2011 to be attached to and hereby made a part ofPolicy No. TX 100000000-01 issued to SPECIMEN

By COMMERCE AND INDUSTRY INSURANCE COMPANY

August 3. 2011 By

___________________________

(Authorized Representative)GLD834 (5/08)

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AIR AMBULANCE CLAUSE

This policy is amended as follows:

While the Aircraft is used for (a) air ambulance or (b) the transportation of cadavers or body organs, tissues, or

fluids (including derivatives thereof) this policy shall not apply to and we shall not be liable for any:

A) Claims resulting from Bodily Injury or Properly Damage due to:

I) The rendering of or failure to render -

a) medical, surgical, dental, x-ray, or nursing service or treatment, massage, physiotherapy,chiropractic, hearing aid, optical, optometrical services or treatments or the furnishing of food orbeverages in connection therewith;

b) any professional service, test or treatment conducive to health or of a professional nature;

c) any cosmetic or tonsorial service or treatment

ii) The handling or furnishing of body organs, body tissue, or fluids (including derivatives thereof) or thehandling, furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances orequipment.

iii) The handling of or performing of autopsies on cadavers.

iv) The aggravation of existing injuries, unless arising out of an Occurrence involving the covered Aircraft.

B) Legal obligation of the Insured to pay any sum as damages because of mental anguish arising out of thetransportation of cadavers, body organs, tissue or fluids (including derivatives thereof).

C) Damage to any cadaver, body organ, tissue or fluids (including derivatives thereof) is deemed to be ProperlyDamage and is not covered herein.

All other provisions of this policy remain the same.

This endorsement becomes effective August 3. 2011 to be attached to and hereby made a part ofPolicy No TX 1 0000000001 issued to SPECIMEN

By COMMERCE AND INDUSTRY INSURANCE COMPANY

Daffi:iue August 3. 2011

__________________________

(Authorized Representative)GLDO7 (1/05)

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ASBESTOS EXCLUSION ENDORSEMENT

This policy does not cover any claims of any kind whatsoever directly or Indirectly relating to, arising out of or inconsequence of:

1. The actual, alleged or threatened exposure to or presence of asbestos in any form whatsoever, including,but not limited to, asbestos fibers or asbestos dust, or any material or product containing, or alleged tocontain, asbestos; or

2. Any obligations, request, demand, order, or statutory or regulatory requirement that any insured or otherstest for, monitor, clean up, remove, contain, treat, neutralize, protect against or in any other way respondto the actual, alleged or threatened exposure to or presence of asbestos in any form whatsoever, inciuding,but not limited to, asbestos fibers or asbestos dust, or any material or product containing, or aiieged tocontain, asbestos.

However, the exclusion shall not apply to any claim for asbestos exposure caused by or resulting from a crash,fire, explosion, or collision or a recorded in flight emergency causing abnormal aircraft operations.

Notwithstanding any other provisions of this Policy, Insurers will have no duty to investigate, defend or paydefense costs in respect of any claim excluded In whole or in part under paragraphs 1. or 2. hereof.

All other provisions of this policy remain the same.

This endorsement becomes effective August 3. 2011 to be attached to and hereby made a part ofPolicy No. TX 100000000-01 issued to SPECIMEN

By COMMERCE AND INDUSTRY INSURANCE COMPANY

Endorsement No. 4

Date of Issue August 3. 2011 By(Authorized Representative)

UE882 (1/05)

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NUCLEAR RISKS EXCLUSION CLAUSE AVN38B

This policy is amended as follows:

In the event any of the provisions of this endorsement are in conflict with any provisions, exclusions, conditions orterms forming part of this policy, this endorsement shall take precedence.

1. This policy does not cover:

(i) loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resultingor arising therefrom or any consequential loss

(ii) any legal liability of whatsoever nature

directly or indirectly caused by or contributed to by or arising from:

(a) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly ornuclear component thereof;

(b) the radioactive properties of, or a combination of radioactive properties with toxic, explosive or otherhazardous properties of, any other radioactive material in the course of carriage as cargo, Includingstorage or handling incidental thereto;

(c) ionizing radiations or contamination by radioactivity from, or the toxic, explosive or other hazardousproperties of, any other radioactive source whatsoever.

2. It Is understood and agreed that such radioactive material or other radioactive source in paragraph 1. (b) and(c) above shall not include:

(I) depleted uranium and natural uranium in any form;

(ii) radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific,medical, agriculture, commercial, educational or industrial purpose.

3. This policy, however, does not cover loss of or destruction of or damage to any property or any consequentialloss or any legal liability of whatsoever nature with respect to which:

(i) the Insured under this policy is also an insured or an additional insured under any other insurance policy,including any nuclear energy liability policy; or

(ii) any person or organization Is required to maintain financial protection pursuant to legislation in anycountry; or

(lii) the Insured under this policy is, or had this policy not been issued would be, entitled to indemnificationfrom any government or agency thereof.

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4. Loss, destruction, damage, expense or legal liability in respect of the nuclear risks not excluded by reason ofparagraph 2. shall (subject to all other terms, conditions, limitations, warranties and exclusions of this policy)be covered, provided that:

(I) In the case of any claim in respect of radioactive material in the course of carriage as cargo, includingstorage or handling incidental thereof, such carriage shall in all respects have complied with the fullInternational Civil Aviation Organization “Technical Instructions for the Safe Transport of DangerousGoods by Air”, unless the carriage shall have been subject to any more restrictive legislation, when itshall in all respects have complied with such legislation;

(ii) this policy shall only apply to an incident happening during the period of this policy and where any claimby the Insured against the Company or by any claimant against the Insured arising out of such incidentshall have been made within three (3) years after the date thereof;

(iii) in the case of any claim for the loss of or destruction of or damage to or loss of use of an aircraft causedby or contributed to by radioactive contamination, the level of such contamination shall have exceededthe maximum permissable level set out In the following scale:

(iv) the cover afforded hereby may be cancelled at any time by the Company giving seven (7) days notice ofcancellation.

All other provisions of this policy remain the same.

This endorsement becomes effective Auaust 3. 2011

Policy No. TX 100000000-01 issued to SPECIMEN

to be attached to and hereby made a part of

Rv fl(MMPR( AND INDUSTRY INSURANCE COMPANY

Endorsement No. 5

Date of Issue August 3. 2011 By.(Authorized Representative)

Emitter Maximum permissable levelof non-fixed radioactive

(IAEA Health and Safety Regulations) surface contamination(Averaged over 300 crrP)

Beta, gamma and low toxicity alpha emitters Not exceeding 4 becquerels I cm2(10-4 microcuries / cm2)

All other alpha emitters Not exceeding 0.4 becquerels / cm2(1 OS microcuries / cm2)

UE38B (1/05) Page 2

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DATE RECOGNITION EXCLUSION CLAUSE AVN2000A

This Policy does not cover any claim, damage, injury, loss, cost, expense or liability (whether in contract, tort,negligence, product liability, misrepresentation, fraud or otherwise) of any nature whatsoever arising from oroccasioned by or in consequence of (whether directly or indirectly and whether wholly or partly):

(a) the failure or inability of any computer hardware, software, integrated circuit, chip or informationtechnology equipment or system (whether in the possession of the Insured or of any third party) accuratelyor completely to process, recognize, exchange or transfer year, date or time data or information inconnection with any change of year, date or time;

whether on or before or after such change of year, date or time;

(b) any implemented or attempted change or modification of any computer hardware, software, integratedcircuit, chip or information technology equipment or system (whether in the possession of the Insured or ofany third party) in anticipation of or in response to any such change of year, date or time, or any advicegiven or services performed in connection with any such change or modification;

(c) any non-use or unavailability for use of any property or equipment of any kind whatsoever resulting from anyact, failure to act or decision of the Insured or of any third party related to any such change of year, dateor time;

and any provision in this Policy concerning our duty to investigate or defend claims shall not apply to any claimsso excluded.

All other provisions of this policy remain the same.

This endorsement becomes effective August 3. 2011 to be attached to and hereby made a part ofPolicy No. TX 100000000-01 issued to SPECIMEN

By COMMERCE AND INDUSTRY INSURANCE COMPANY

Endorsement No. 6

Date of Issue August 3. 2011 By(Authorized Representative)

UE2000A (1/05)

Updated 9/22/11, 3:40 p.m.

NOISE AND POLLUTION AND OTHER PERILS EXCLUSION CLAUSE AVN46B

This policy is amended as follows:

In the event any of the provisions of this endorsement are in conflict with any provisions, exclusions, conditions

or terms forming part of this policy, this endorsement shall take precedence.

1. This policy does not cover claims directly or indirectly occasioned by, happening through or in consequence

of:

(a) noise (whether audible to the human ear or not), vibration, sonic boom and any phenomena associatedtherewith,

(b) pollution and contamination of any kind whatsoever,

(c) electrical and electromagnetic interference,

(d) Interference with the use of property;

unless caused by or resulting in a crash, fire, explosion or collision or a recorded in-flight emergencycausing abnormal aircraft operation.

2. With respect to any provision in the policy concerning any duty of the Company to investigate or defenddaims, such provision shall not apply and the Company shall not be required to defend:

(a) claims excluded by paragraph 1., or

(b) a claim or claims covered by the policy when combined with any claims excluded by paragraph 1.(referred to below as ‘Combined Claims”).

3. In respect of any Combined Claims, the Company shall (subject to proof of loss and the limits of the policy)reimburse the Insured for that portion of the following items which may be allocated to the claims coveredby the policy:

(a) damages awarded against the Insured and

(b) defense fees and expenses incurred by the Insured.

4. Nothing herein shall override any radioactive contamination or other exclusion clause attached to or formingpart of this policy.

All other provisions of this policy remain the same.

This endorsement becomes effective August 3. 2011 to be attached to and hereby made a part ofPolicy No. TX 100000000-01 issued to SPECIMEN

By COMMERCE AND INDUSTRY INSURANCE COMPANY

Endorsement No. 7

Date of Issue August 3. 2011 By(Authorized Representative)

UE46B (1/05)

Updated 9/22/11, 3:40 p.m.

TERRORISM EXCLUSION - CERTIFIED ACTS

This insurance does not apply to loss, Injury, damage, claim or suit, arising directly or indirectly as a result of an“act of terrorism”, which is defined in the Terrorism Risk Insurance Act of 2002, as amended by the TerrorismRisk Insurance Program Reauthorization Act of 2007 (collectively, “TRIA”) as follows:

(1) ACT OF TERRORISM. -

(A) CERTIFICATION. - The term “act of terrorism” means any act that is certified by the Secretary [of theTreasury], in concurrence with the Secretary of State, and the Attorney General of the United States -

(i) to be an act of terrorism;(ii) to be a violent act or an act that is dangerous to

(I) human life;(II) property; or(Ill) Infrastructure;

(iii) to have resulted In damage within the United States or outside of the United States in the case of(I) an air carrier or vessel [described in TRIA]; or(II) the premises of a United States mission; and

(iv) to have been committed by an individual or individuals as part of an effort to coerce the civilianpopulation of the United States or to influence the policy or affect the conduct of the United StatesGovernment by coercion.

(B) LIMITATION. - No act shall be certified by the Secretary as an act of terrorism if(i) the act is committed as part of the course of a war declared by the Congress, except that this

clause shall not apply with respect to any coverage for workers’ compensation; or(ii) property and casualty Insurance losses resulting from the act, in the aggregate, do not exceed

V $5,000,000.(C) DETERMINATIONS FINAL. - Any certification of, or determination not to certify, an act as an act of

terrorism under this paragraph shall be final, and shall not be subject to judicial review.(D) NONDELEGATION. - The Secretary may not delegate or designate to any other officer, employee, or

person, any determination under this paragraph of whether, during the effective period of the Program,an act of terrorism has occurred.

THE PROVISIONS OF THIS ENDORSEMENT SHALL APPLY SOLELY TO TRIA AND SHALL IN NO WAYAFFECT THE PROVISIONS OF THE WAR, HI-JACKING AND OTHER PERILS EXCLUSION CLAUSE(AVIATION), FORM NO. AVN48B, OR ANY AMENDMENTS THERETO.

All other provisions of this policy remain the same.

This endorsement becomes effective Auiust 3. 2011 to be attached to and hereby made a part ofPolicy No. TX 100000000-01 issued to SPECIMEN

By COMMERCE AND INDUSTRY INSURANCE COMPANY

::::::2gust 3.2011 By

_________________________

(Authorized Representative)UE1066 (3/08)

Updated 9/22/11, 3:40 p.m.

WAR, HI-JACKING AND OTHER PERILS EXCLUSION CLAUSE (AVIATION) AVN48B

This policy is amended as follows:

In the event any of the provisions of this endorsement are in conflict with any provisions, exclusions, conditionsor terms forming part of this policy, this endorsement shall take precedence.

This policy does not cover claims caused by:

(a) War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion,revolution, insurrection, martial law, military or usurped power or attempts at usurpation of power;

(b) Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other likereaction or radioactive force or matter;

(c) Strikes, riots, cMl commotions or labor disturbances;

(d) Any act of one or more persons, whether or not agents of a sovereign power, for political or terroristpurposes and whether the loss or damage resulting therefrom is accidental or intentional;

(a) Any malicious act or act of sabotage,

(f) Confiscation, nationalization, seizure, restraint, detention, appropriation, requisition for title or use by orunder the order of any Government (whether civil, military or de facto) or public or local authority;

(g) HI-Jacking or any unlawful seizure or wrongful exercise of control of the aircraft or crew in flight (including anyattempt at such seizure or control) made by any person or persons on board the aircraft acting withoutthe consent of the Insured.

Furthermore, this policy does not cover claims arising whilst the aircraft is outside the control of the Insured byreason of any of the above perils.

The aircraft shall be deemed to have been restored to the control of the Insured on the safe return of the aircraftto the Insured at an airfield not excluded by the geographical limits of this policy, and entirely suitable for theoperation of the aircraft (such safe return shall require that the aircraft be parked with engines shut down andunder no duress).

All other provisions of this policy remain the same.

This endorsement becomes effective Auaust 3. 2011 to be attached to and hereby made a part ofPolicy No. TX 100000000-01 Issued to SPECIMEN

ByCOMMERCE AND INDUSTRY INSURANCE COMPANY

Endorsement No. 9

Date of Issue August 3, 2011 By

______________________________________

(Authorized Representative)

UE48B (1/05)

Updated 9/22/11, 3:40 p.m.

GOOD EXPERIENCE RETURN

(EXCLUDING WAR PREMIUM)

This policy is amended as follows:

The Company shall return to the Named Insured for a twelve (12) month period an amount equal to

________

%of the following:

______________________

% of the earned premium that is not associated with the purchase of any War PhysicalDamage or War Liability coverages provided by this policy, less paid claims, reserves, and claims expenses.Such return premium shall be provisional only and shall be subject to further adjustment when the reserves andexpenses have been finalized.

All other provisions of this policy remain the same.

This endorsement becomes effective August 3. 2011 to be attached to and hereby made a part ofPolicy No. TX 100000000-01 issued to SPECIMEN

By COMMERCE AND INDUSTRY INSURANCE COMPANY

Dat::is:e August 3. 2011 By

________________________

(Authorized Representative)GLD1 006 (4/08)

Updated 9/22/11, 3:40 p.m.

ADDITIONAL INSURED ENDORSEMENT

This policy is amended as follows:

(Only the clause(s) indicated by an “X” shall apply.)

The scheduled persons or organizations are included as additional Insured.

J The scheduled persons or organizations are the registered owner of_______________________________and are included as additional Insured.

The scheduled persons or organizations are included as additional Insured but only as respects liabilitycoverages.

The scheduled persons or organizations are Included as additional Insured under liability coverages, but onlyas respects operations of the Named Insured.

Li The scheduled persons or organizations are included as addItional Insured but only as respects operations ofthe Named Insured.

Workmanship Exclusion - The insurance extended by this endorsement shall not apply to, and no person ororganIzation named in the schedule shall be insured for Bodily Injury or Property Damage which arises from thedesign, manufacture, modification, repair, sale, or servicing of the AIrcraft by that person or organization.

Schedule:

NameAddress

NameAddress

NameAddress

All other provisions of this policy remain the same.

This endorsement becomes effective August 3. 2011 to be attached to and hereby made a part ofPolicy No. TX 100000000-01 issued to SPECIMEN

By COMMERCE AND INDUSTRY INSURANCE COMPANY

ZU3.2011 By________________________(Authorized Representative)

GLD934 (1/05)

Updated 9/22/11, 3:40 p.m.

TEXAS LIABILITY INSURANCE AMENDATORY ENDORSEMENTCANCELLATION AND NONRENEWAL

Wherever used In this endorsement: 1) “Insurer” means the insurance company which issued this policy; and2) “Insured’ means the Named Corporation, Named Organization, Named Sponsor, or Named Insured stated inthe Declarations page; and 3) “Liability insurance” means the following types of insurance: general liability,professional liability other than medical professional liability, commercial multi-peril coverage, and any other

types of lines of liability insurance designated by the State Board of Insurance.

It is hereby agreed that the cancellation provision of this polIcy Is deleted In Its entirety and replaced by thefollowing:

CANCELLATION AND NONRENEWAL

A. Cancellation

1. This policy may be cancelled by the Insured by surrender thereof to the Insurer or any of Its authorizedagents or by mailing to the Insurer written notice stating when thereafter the cancellation shall beeffective.

2. Except as provided by subsection A.3. below, the Insurer may not cancel this policy if it is:

a) a policy of liability insurance that is a renewal or continuation policy; or

b) a policy of liability Insurance that Is In Its initial policy period after the 60th day following the date onwhich the policy was issued.

3 The Insurer may cancel this policy at any time during the term of the policy for the following reasons

a) fraud in obtaining coverage;

b) failure to pay premiums when due;

C) an Increase in hazard within the control of the Insured or Other Insured(s) which would produce anincrease in rate;

d) loss of the Insurer’s reinsurance covering all or part of the risk covered by the policy; or

e) the Insurer being placed in supervision, conservatorship, or receivership, if the cancellation ornonrenewal is approved or directored by the supervisor, conservator, or receiver.

4. The Insurer shall deliver or mail to the Insured first named in the Declarations written notice ofcancellation at the address shown on the policy not less than the 10th day before the date on whichthe cancellation takes effect. Such written notice shall state the reason(s) for cancellation.

5. The Insurer may not cancel this policy based solely on the fact that the Insured is an elected official.

74802 (10/01) Page 1 of Endorsement No. 12

Updated 9/22/11, 3:40 p.m.

B. Nonrenewal

1. The Insurer may refuse to renew this policy by delivering or mailing to the Insured first named in the

Declarations written notice of nonrenewal at the address shown on the policy. Such written notice

shall state the reason(s) for nonrenewal. The notice must be delivered or mailed not later than the

60th day before the date on which the policy expires. If the notice is delivered or mailed later than the

60th day before the date on which the policy expires, the coverage shall remain in effect until the 61st

day after the date on which the notice is delivered or mailed. If notice is delivered or mailed, proof of

delivery or mailing will be sufficient proof of notice. Earned premium for any period of coverage that

extends beyond the expiration date of the policy shall be computed pro rata based on the previous

years rates.

2. The transfer of a policyholder between admitted companies within the same insurance group is not

consIdered a refusal to renew.

3. The Insurer may not refuse to renew this policy based solely on the fact that the Insured is an electedofficial.

All other provisions of this policy remain the same.

This endorsement becomes effective August 3. 2011 to be attached to and hereby made a part ofPolicy No. TX 100000000-01 issued to SPECIMEN

By COMMERCE AND INDUSTRY INSURANCE COMPANY

Endorsement No. 12

Date of Issue August 3, 2011 By(Authorized Representative)

74802(10/01) Page 2

Updated 9/22/11, 3:40 p.m.

TEXAS NOTICE

IMPORTANT NOTICE

To obtain information or make a complaint:

You may call the Company’s toll-tree telephonenumber for information or to make a complaint at:

1-800-553-6938

You may contact the Texas Department ofInsurance to obtain information on companies,

_____

- coverages, rights or complaints at:

1-800-252-3439

You may write the Texas Department of Insurance:

P.O. Box 149104Austin, TX 78714-9104Fax: (512) 475-1771

AVISO IMPORTANTE

Para obtener informacion o para someter una queja:

Usted puede llamar al numero de telefono gratis de Iacompania para informacion 0 para someter una quejaal:

1-800-553-6938

Puede comunicarse con el Departamento de Segurosde Texas para obtener informacion acerca decompanlas, coberturas, derechos o quejas al:

1-800-252-3439

Puede escribir al Departamento de Seguros de Texas:

P.O. Box 149104Austin, TX 78714-9104Fax: (512) 475-1771

Web: http:llwww.tdi.state.tx.us Web: http:llwww.tdi.state.tx.us

E-mail: [email protected] E-mail: ConsumerProtection @tdi.state.tx.us

PREMIUM OR CLAIMS DISPUTES:Should you have a dispute concerning yourpremium or about a claim you should contact theagent first. If the dispute is not resolved, you maycontact the Texas Department of Insurance.

AUACH THIS NOTICE TO YOUR POLICY:This notice is for information only and does notbecome a part of the attached document.

DISPUTAS SOBRE PRIMAS 0 RECLAMOS:Si tiene una disputa concrniente a su prima o a unreclamo, debe comunicarse con el agente primero.Si no se resuelve Ia disputa, puede entoncescomunicarse con el departamento (TDI).

UNA ESTE AVISO A SU POLIZA:Este aviso es solo para proposito de informacion y nose convierte en parte o condicion del documentoadjunto.

94396 (4/07)

Updated 9/22/11, 3:40 p.m.

POLICYHOLDER NOTICE

Thank you for purchasing insurance from a member company of Chartis Inc. The Chartis Inc. membercompanies generally pay compensation to brokers and independent agents, and may have paid compensation inconnection with your policy. You can review and obtain information about the nature and range of compensationpaid by Chartis Aerospace Insurance Services, Inc. to brokers and independent agents in the United States byvisiting our website at www.chartisinsurance.comlproducercompensation or by calling Chartis at 800-706-3102.

UE1O13 (6/06)

Updated 9/22/11, 3:40 p.m.

MEXICO WARNING

Unless you have automobile or Aircraft insurance written by a Mexican Insurance Company, you may spendmany hours or days in jail if you have an accident in Mexico. Insurance coverage should be secured from acompany licensed under the laws of Mexico to write such insurance in order to avoid complications and someother penalties possible under the laws of Mexico, including the possible impoundment of your automobile orAircraft.

UE86 (9/07)

Updated 9/22/11, 3:40 p.m.

Attachment DTRAvIs COUNTY

) ADDRESS AND PHONE

Falcon Insurance Agency, Inc.5316 Hwy 290 W, Suite 440

Austin, TX 78735P0 Box 92409

Austin, TX 78709(800) 370-0557(512) 891-8473

(512) 891-8483 fax

___________

John AllenOwner! President

Donn GaugerV.P. & Account Executive

Cell (512) 636-7443

Sharon BarksAgent / Account Executive

2

Updated 9/22/11, 3:40 p.m.

TRAvIS COUNTY

YOUR TEAM EXPERIENCE

JOHN ALLEN, Is the Founder, Owner and President of FalconInsurance Agency. John has over 30 years experience in the aviation

insurance industry. He is nationally recognized by the other owners andbrokers in the industry as an aviation professional. John Is also a

former military pilot as well as USAIG underwriter.

DONN GAUGER, VP / Account Executive — Donn’s qualifications can befound on the attached professional profile. Donn has over 18 years of combinedexperience in the aviation insurance industry. He has 4 years experience as anAviation Insurance Underwriter and Underwriting Manager and over 14 years

experience as an aviation insurance broker. Donn has concentrated onAirports, Commercial Aviation, FBO’s and Aviation Service Centers,

Municipal Entities, and Aerial Applicators.

SHARON BARKS, ACCOUNT EXECUTIVE — SHARoN HAS OVER 25 YEARS COMBINDEDEXPERIENCE AS BOTH AN AVIATION INSURANCE AGENT AND SENIOR UNDERWRITER. SHARON HAS

EXCELLENT WORKING KNOWLEDGE OF AVIATION RISKS, AND HAS PRIMARILY FOCUSED ON LARGE COMMERCIALRISK FOR HER ENTIRE CAREER.

4

Updated 9/22/11, 3:40 p.m.

PROFESsIoNAL PROFILE

D0NN E. GAuGER IIVICE PRESIDENT

I

FIELDS OF EXPERTISE

> Aviation Insurance /Underwriting

Market Trends /Strategy

Alternative Risk Approach

Marketing / CoveragePlacement

> Exposure /Coverage Analysis

> Policy Review / Analysis

> Claims Analysis

EXPERIENCE

> Over 18 years’ combinedexperience in AviationInsurance

) 4 years experience as anAviation Underwriter

‘ Over 14 years experience as anAviation Broker — Airports,Commercial Aviation and AerialApplicators

CREDENTIALS

> Bachelors Degree inAeronautical Studies with anarea of concentration inManagement — Embry RiddleAeronautical University

> Private pilot with multi-enginerating

Specialize in the placement ofaviation risk

> Account responsibilities,production, marketing, andservicing

Coordination of all availableresources

CLIENT EXPERIENCE

> State of Texas Aircraft PoolingBoard

> State of Utah

Confederate Air Force

> City of Austin / Austin —

Bergstrom International Airport

> Travis County EMS

> Laredo National Bank

> Austin Police Department

) Sullivan Propeller Specialists

) New England Propeller Service

> AHRAvIArI0N, INc.

International Veneer, Co.

NTS Development Company

SPEcipLIzING IN LARGE COMMERCIAL &MUNICIPAL ACcouNTs.

Updated 9/22/11, 3:40 p.m.

TRAVIS COUNTY

Loss CONTROL SERVICES

FALCON INSURANCE AGENCY

One of Falcon’s strengths is establishing and reviewing contractual guideline requirementsand consulting. These guidelines include:

> Establishing Contractual Guidelines> General Considerations> Insurance Coverages> Insurance Requirements> Examples of Minimum Insurance Requirements for:

Airlines and CommutersFixed Base OperatorsContractorsConcessionaires

> Contract Language

________

Indemnity and SubrogationHold Harmless and Indemnification AgreementsIndependent Contractor

> Manuscripted CertifIcates of Insurance

INSURANCE CARRIER

We can request an on-site underwriting visit and survey form the underwriting company andtheir Helicopter and Loss Control SpecialIsts.

5

Updated 9/22/11, 3:40 p.m.

TRAvIs CouNTY

FALCON’S COMMITMENT TO You

Falcon will regard your account with the utmost importance. Wewill continuously earn the right to represent you and commit toexpand excellent service in meeting your goals.

7

Updated 9/22/11, 3:40 p.m.

Claims management centered on youChartis Aerospace Adjustment Services, Inc., in partnership with Chartis AerospaceInsurance Services, Inc., is dedicated to provide the best possible claims service andsolutions, in support of its customers’ business and strategic interests.

State-of-the art preparation andcommunicationPrompt, effective communication is essential to

make the claims process work. The lines of

communication are wide open even before a loss

occurs. We work with our insureds to establish

sound disaster preparedness and response plans.

When an insured is faced with a claim, our response

is rapid. Collaboration with all parties is ongoing,

and services are tailored to give each insured thefull support they need.

Claims staffWe use dedicated claims professionals to servemajor segments of the aerospace business,ensuring the high level of expertise needed to be

the most effective advocate for our insureds and

brokers when a loss occurs. Drawing on the vast

global resources of Chartis, we offer insureds andbrokers powerful advantages in managing every

aspect of a claim - from overseeing accidentinvestigations to rigorously defending liabilitylawsuits - while always assertively managing ourinsureds’ costs. We use our global experience toadapt claims practices to suit local cultures, lawsand customs around the world.

When a claim occurs, the vast global resourcesof Chartis are brought to bear to protect ourinsureds’ Interests.

II

II

II

II

II

Accident responseWhen a major aviation catastrophe occurs, insuredsreceive rock-solid support from the Major LossEmergency Team. This team includes staffadjusters, technical investigators and legal counselwho come together to manage all aspects of adisaster for our insured - from securing thewreckage to coordinating the welfare of injuredparties. Their primary focus: Protecting ourclients’ interests and reputation and returningthem to normal operations quickly.

Exceptional claims resolutionWhen our insured has a claim, our mission is clear:to resolve it quickly and return our insured tonormal operations as soon as possible. Toaccomplish this, we draw on our own aerospaceexpertise coupled with the high caliber,far-reaching capabilities of our global claimsoperations.

II

I,

II

II

II

II

I

Updated 9/22/11, 3:40 p.m.

Safety and Loss ControlNothing is more valuable to our insureds than an impeccable safety record. We are

committed to equipping insureds with powerful tools and knowledge to enhance

safety practices and mitigate losses. We have a worldwide network of aerospace loss

control experts who specialize in specific areas of aerospace safety, including flight

operations, aircraft maintenance, fixed base operations, hangars, facilities, ground

vehicle operations, airports and employee safety.

Dedicated to raising the bar in aerospace safety and loss control, we are an active member of

the Flight Safety Foundations, National Safety Council, Regional Airline Association, Helicopter

Association International and the National Business Aviation Association.

Safety resourcesHuman Factors - Our safety experts are dedicated

to optimizing performance and reducing human

error, by focusing on human capabilities and

organization of the work environment.

Employee Safety - We have resources and skills to

assist in meeting OSHA compliance standards,

developing formal safety programs and policies,

implementing accident prevention and also

identifying and reporting hazards both in the work

place and environment.

Ergonomics - Our ergonomics specialists can help

you control the risk factors related to baggage

handling, parcel sorting, cargo handling, ticketing,

cabin service, aircraft maintenance, ramp service,

office ergonomics and much more.

Business Operations - Whether you are addressing

flight, maintenance, ramp or other businessfunctions, our team can help improve efficiency,

performance and safety.

SafetyAwareness - We have numerous awareness

tools to assist in keeping safety awareness at the

forefront of everyone’s minds: safety posters,

training videos, fact sheets, calendars, ramp

whistles and pocket cards.

Industry-leading loss control surveysOne of the most powerful and most requested tools

we put at our insureds’ disposal is our safety and

loss control surveys. These on-site reviews examine

various operational aspects of our insureds’

businesses, assessing liability exposures. Practical

recommendations are then provided to help you

improve safety and mitigate risks.

RiskTool System (“RiskTool”) has recently been

introduced as another value-added service for

insured clients of Chartis Aerospace InsuranceServices, Inc. RiskTool is a Web-based safetyresource that provides customers with acomprehensive platform for managingenvironmental, health, safety, and ground and airtransportation risk management throughout theworld. For more information and to viewinformative talking point presentations go to:

http://www.chartisinsurance.com/risktool.

Updated 9/22/11, 3:40 p.m.

CHARTISYour world, insured

Chartis Aerospace Insurance Services, Inc.100 Colony Square

1175 Peachtree Street, NE, Suite ioooAtlanta, GA 30361 - 6217

404.249.1800 Telephone404.249.1917 Facsimile

www.chartisinsurance.com/aerospace

About ChartisChartis is a world leading property-casualty and general insurance organization serving more than 40 million clients in over i6ø countries andjurisdictions. With a 90-year history, one of the industry’s most extensive ranges of products and services, deep claims expertise and excellentfinancial strength, Chartis enables its commercial and personal insurance clients alike to manage virtually any risk with confidence.

Chartis is the marketing name for the worldwide property-casualty and general insurance operations of Chartis Inc. For additional information,please visit our website at http://www.chartisinsurance.com. All products are written by insurance company subsidiaries oraffiliates of Chartis Inc.Coverage may not be available in all jurisdictions and is subject to actual policy language. Non-insurance products and services may be provided byindependent third parties. Certain coverage may be provided by a surplus lines insurer. Surplus lines insurers do not generally participate in stateguaranty funds and insureds are therefore not protected by such funds.

© zolo Chartis Aerospace Insurance Services, Inc.u/b

Updated 9/22/11, 3:40 p.m.

Claims Management Centered On You

The goal of Chartis Aerospace Adjustment Services, Inc.is to work as partners with our customers to provide aninsurance product and professional services that givesour insureds more than just the basics.

Claims resolutionOur claims staff is trained to focus on resolving claimspromptly and effectively with the best interests of ourcustomers in mind. We understand the value of ourcustomers’ brand name and this concern is carried overto the decision making process regarding the claimsresolution and defense strategy.

Claims staffThe adjusters average more than seventeen years in theinsurance industry and more than seven years withChartis Aerospace Adjustment Services, Inc. Our claimsstaff has authority for resolving claims up to the fullpolicy limit which allows us to make quick decisions onbeha If of our clients.

Claims department structureThe claims branch operations have been organized toprovide localized service throughout the United States,Australia and the UK. This structure allows our adjustersto interface directly with our customers and claimantswhich aids in resolving claims promptly andeconomically.

Claims financialGiven the significant financial responsibility withregards to properly evaluating claims, payingappropriate settlements, controlling expenses, andmaintaining adequate reserve levels, our goal is todevelop relationships with our customers and with theclaimants in order to expedite matters.

Our philosophy of prompt claims investigations andresolution is designed to control claims costs andexpenses.

Accident responseWe strongly believe in a multi-disciplinary response.We are uniquely qualified to provide the necessaryexpertise to handle such investigations and have thein-house experience. We also have specific law firms,consultants, and experts available to immediatelyassist you with a loss.

Chartis Aerospace Adjustment Services, Inc.

t

Updated 9/22/11, 3:40 p.m.

/

Home Office - Atlanta, GA

Mike Barrett, Esq.Mike is the Senior Vice President and Chief Claims Officer responsible for overseeing theday-to-day worldwide claims operations for Chartis Aerospace Adjustment Services Inc.Mike is also the Team Leader for the MajorAccident Go -Team. In this role he hasparticipated in high profile incidents and accidents such as US Airways Flight 1549, BritishAirways Flight 38 and TAM Flight 3054.

Prior to joining Chartis, Mike served as Senior Vice President, Director of Claims withPhoenix Aviation Managers from 1999 to 2006, where he supervised all claims personnel,complex litigation, coverage issues, attorney assignment and contract review. From 1981

to 1999, Mike worked for United States Aviation Underwriters in various claims handlingand management positions and participated in high profile accidents such as Delta Flight1288 and Valujet Flight 592.

Mike holds a Bachelors of Science degree in Marketing from Arizona State University anda Doctorate of Jurisprudence from Georgia State University. He is a member of the StateBar of Georgia and the Florida Bar. Mike also holds a Commercial Pilot’s license with over3,500 hours of flying experience.

John Bruen, Esq.As Vice President and Claims Attorney, John is responsible for Manufacturing andProduct Claim oversight. John received his undergraduate degree from FordhamUniversity and hisJD from Pace University School of Law. He was in private practicedefending product manufacturers, personal injury cases, asbestos litigation and aviationrelated insurance defense. John left private practice and joined Global Aerospace toassume the oversight and supervision of the insurance defense of aircraft productmanufacturers before becoming the Aviation Claim Director for Willis. He was ahelicopter pilot in the U.S. Marine Corps and the U.S. Marine Corps Reserve from whichhe retired at the rank of Lieutenant Colonel.

Christopher Watkins, Esq.Chris is the Vice President and Airline Claims Manager, and is responsible for theoversight and management of all airline claims and lawsuits. Chris is also a member ofthe MajorAccident Go-Team for family assistance and has played an active role in theresolution of claims stemming from US Airways Flight 1549.

Chris obtained his undergraduate degree from the University of Texas at Austin, earninga Bachelor of Arts and a Doctorate ofJurisprudence from the U niversity of Houston LawCenter. Prior to joining Chartis in 2009, Chris practiced law in Texas for io years Chris Watkins, Esq.

defending and trying high exposure and catastrophic personal injury lawsuits involvingA

Vice President

transportation, medical malpractice, products and premises liability.ir me aims anager

In addition to his legal experience, Chris has a significant background in aviation and is athird-generation pilot. He holds an Airline Transport Pilot’s license and is a former flightand ground instructor and Part 135 charter pilot.

Mike Barrett, Esq.Chief Claims Officer

Worldwide

John Bruen, Esq.Vice President

Manufacturing andProduct Claims

Updated 9/22/11, 3:40 p.m.

Home Office - Atlanta, GA

Carmen Paul, Esq.Claims Attorney

Claim and Litigation Supervisor

Carmen Paul, Esq.Carmen is the Claim and Litigation Supervisor for large exposure domestic andinternational aircraft operators, complex litigation, personal injury and premises liabilityclaims and litigations involving FBOs, airports and cargo operators. Previously, Carmenworked as a legal intern in the Office of Regional Counsel, Southern Region, for the FAAbefore becoming an Assistant District Attorney for the Rockclale Judicial Circuit. She hasalso worked as a Flight Attendant for Atlantic Southeast Airlines. Carmen holds Bachelorof Arts degrees in Sociology and Speech Communication and ajuris Doctor degree fromthe University of Georgia. She is a member of the State Bar of Georgia and a privatepilot.

Steven D. Allen, Esq.As the Claims Attorney, Steve is responsible for the direct handling of claims andlitigation involving large specialty accounts, general aviation risks and claims coverageissues. He isalsoa member of the MajorAccident Go-Team. Steve obtained hisundergraduate degree from Baylor University, his MBA from the University of NewMexico and his JD from Southern Methodist University. He is a licensed attorney inTexas, New Mexico and South Carolina. Steve was an Instructor Pilot in the US Air Forceflying the Northrop T-38 before entering his legal practice specializing in aviation andaerospace matters. He has ten years experience as outside counsel with a largeinternational law firm and as in-house counsel with Eclipse Aviation. His career includesrepresentation of aviation product manufacturers, aerospace defense firms, airports,airlines, FBOs, aircraft owners and pilots.

Steven D. Allen, Esq.Claims Attorney

Updated 9/22/11, 3:40 p.m.

I

Regional Managers

Betsy FultonBetsy is the Senior Vice President and the Western Regional Manager. Betsy is located inthe Phoenix, AZ office and is responsible for the management and oversight of at I claimsassigned to the Scottsdale and Los Angeles, California offices. Betsy has thirty years ofgeneral aviation claims experience. She began her career as a Claims Representative in1979 with Commercial Aviation Underwriters advancing to Vice President - ClaimsMa nager. In 1991, she joined Continental Aviation Underwriters as Vice President ofAviation Claims until she moved to LAD Aviation, Inc. (CTC Services, Inc.) as ChiefOperating Officer responsible for large and complex aviation related hull and liabilityclaims. At CTC, Betsy was also the Director of Field offices as well as the Senior VicePresident of Marketing. Betsy was also a member of the Board of Directors at bothContinental Aviation and CTC Services/LAD Aviation. Betsy has a Bachelor of Sciencedegree in Paralegal Studies from Pennsylvania State University.

Joe ShelbyJoe is the Assistant Vice President and the Eastern Regional Manager located in NewYork City. He is responsible for the supervision and management of those claimsassigned to the New York and Atlanta, GA offices. Joe started his career with GABBusiness Services, an independent adjusting firm, where lie held positions at both branchand regional levels over a nine year period. From 1987 . 2004, he served as the ClaimsManager for the Aerospace Northeast Regional office. He then briefly joined PhoenixAviation Managers, but returned to Chartis Aerospace Adjustment Services, Inc. afterone year. Joe holds a Bachelor of Science degree in Air Commerce from FloridaInstitute of Technology, Melbourne and is a licensed commercial pilot.

Ted Green, CPCU, CAIPTed is the Central Regional Claims Manager located in the Dallas, TX office. Hesupervises claims in the Chicago and Dallas offices covering the central United States.Ted began his insurance career with Prudential Property and Casualty where heinvestigated and settled property and casualty claims, major structure and catastrophestorm losses. Ted was the branch claims manager of the Chartis Aerospace AdjustmentServices, Inc. California Branch. He was a Vice President, Regional Claims Manager forPhoenix Aviation Managers before assuming his current position. He has experience witha wide variety of claims including turbine engine damage and significant damage tobusiness jet and airliner hulls and multiple fatality accidents. He has been the primaryclaim contact for large helicopter companies, fixed base operators, business jetoperators, regional and major airlines. Ted holds a Bachelor of Science degree in Financefrom Arizona State University, CPCU and CAIP designations and is an instrument ratedprivate pilot.

IBetsy Fulton

Senior Vice PresidentRegional Claims Manager

Phoenix

Joe ShelbyAssistant Vice PresidentRegional Claims Manager

New York City

ITed Green, CPCU, CAIPAssistant Vice PresidentRegional Claims Manager

Dallas

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.) Claims Managers

Rebekah EdmondsonAssistant Vice PresidentBranch Claims Manager

Atlanta

Jeff Sheets, FCLAAssistant Vice PresidentBranch Claims Manager

Los Angeles

Russ TalbotAssistant Vice PresidentBranch Claims Manager

Chicago

Rebekab EdmondsonRebekah is the Branch Claims Manager for the Southeast located in Atlanta, GA. She isresponsible for the management of all hull and liability claims occurring in: Georgia,Florida, North Carolina, South Carolina, Kentucky, Alabama and Tennessee. Rebekah haseleven years of experience in claims management and operations. Previously, sheworked for State Farm Insurance Company wherein she specialized in complex liabilityand litigation management. Rebekah holds a Bachelor of Science degree in Educationfrom the University of Georgia and holds an AICPCU Certificate of General Insurance.

Jeff Sheets, FCLAJeff is the Manager of the Los Angeles, CA Branch Claims office. He is responsible forthe management of the Los Angeles Branch and handling hull and liability claimsoccurring in: California, Washington, Oregon, Alaska and Hawaii. Jeff’s mechanicalbackground includes work in a machine shop and management of a transmission repairfacility. His insurance career began at Farmers Insurance Exchange where for nine yearshe served a brief stint in underwriting and then several years in claim handling and claimmanagement roles. He supervised a team of eight commercial claims adjusters whoseinventory included litigated general liability claims (including personal injury andadvertising injury), directors’ and officers’, umbrella, truck, and surety claims. Jeffreceived his Bachelor of Arts degree from Southern California College in Costa Mesa, CAand is a licensed private pilot.

Russ TalbotRuss is the Branch Claims Manager based out of Chicago, IL. He is responsible formanaging all claims occurring in the Midwest Region: North Dakota, South Dakota,Nebraska, Minnesota, Wisconsin, Iowa, Illinois, Indiana, Michigan and Ohio. Previously,Russ worked for United States Aviation Underwriters in the Midwest handling a widevariety of claims from 1984 to 2007. He received his undergraduate degree fromMarquette University prior to commencing military service. Upon release from activeduty, he obtained his background in airframe and power plant mechanics, and earned hisflight ratings through the commercial, multi-engine, and instrument ratings at theUniversity of Illinois (Institute of Aviation). Russ is also a certified flight instructor.

\

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I

Unit Managers

Seth MagidSeth manages a team of adjusters out of the Phoenix, AZ Claims office that routinelyhandles hull and liability claims under the LAD division. In addition to his responsibilities asUnit Manager he performs investigations, adjustments, litigation management andsettlement of multiple lines of business. Seth has ten years of commercial and personallines claims handling experience with Sentry Insurance, Republic Western Insurance andChartis Aerospace Adjustment Services, Inc. He holds a Bachelor of Arts degree from WestVirginia University and carries a private pilot certificate.

Seth MagidAsst. Branch Mgi. - LAD

Claims Unit Manager

Barry CampbellBarry is the Assistant Vice President- Airport Claims in charge of airports around thecountry and manages offices in Atlanta, Chicago and Los Angeles. Barry joined ChartisAerospace Adjustment Services, Inc. in June 2001, after spending nine years adjustinggeneral commercial insurance claims for Chartis. Barry’s claims experience includesgeneral and aviation insurance; he specializes in premises liability - airports. Additionalclaims experience includes the handling of airlines, aviation products, hull, light aviation,and ground servicing operation. Barry holds a Bachelor of Business Administration degreefrom Adelphi University, N.Y. and a certificate in liability insurance from Crawford &Company School of Education.

:

.

Tara PalmerTara is the Claims Unit Manager for Airlines and is responsible for assisting with theoversight and management of all airline claims. In this capacity Tara has played a keyrole in the managing and handling of passenger claims stemming from US Airways Flight1549.

Prior to joining Chartis in 2006, Tara was with Delta Air Lines for 14 years; the 12 of whichwere in the Risk Management Department where she managed and handled all in-houseinsured liability claims and lawsuits. During this time, Tara was involved in the handlingof high profile accidents such as the Delta Flight 1288 MD-88 uncontained engine failurein Pensacola, Florida, and the Delta Flight 554 MD-88 landing accident at New YorkLaGuardia. Additionally, she was also involved with Delta’s 9/11 litigation.

Tara PalmerAirline Unit Manager

F/

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Barry CampbellAssistant Vice President

Airport Claims

Tara holds a Bachelor of Business Administration form Georgia Southern University.

Updated 9/22/11, 3:40 p.m.

International

London

Jonathan WoodrowClaims Manager

London

Richard PowellAs the Vice President of Claims, Richard is responsible for all claims developing fromaviation business serviced by Aerospace, Chartis International, London office, includingairlines, products, and general aviation. He has twenty two years of claims handlingexperience in Europe, the United States and Internationally. Previously, Richard was theChief Claims Officer at Gerling Insurance Company UK for eleven years. He also servedin various claims positions with Aegon Insurance Company UK. He will be the Chairmanof the Legal and Claims Study Group of the International Union of Aviation Insurersfrom 2010 forward.

Cohn CampbellCohn’s duties consist of managing claims for various lines of business. Previously, heserved as a Senior Claims Adjuster with Global Aerospace. Cohn’s career began withAlexander Howden Insurance Brokers as a claims broker dealing with airlines, productsand general aviation claims. He then started the claims department at Thomas Miller(Aviation) Ltd., specializing in GA and Alaska risks along with smaller European,Indonesian and Australian airlines. He served as Claims Manager at M.E. CharlesworthUnderwriting Agents Syndicate 724, (GA, Alaska risks, balloons, cargo operators) and asClaims Manager at Ri Maylam and Others Syndicate o.

Jonathan Wood rowJonathan’s responsibilities involve handling claims for many lines of business includingsatellite and deductible insurance. Previously, he was an aviation claims broker for C.T.Bowring (now Marsh) and later served as Deputy Underwriter for deductible insuranceat AXA. Currently,Jonathan is a representative on the Ul( Flight Safety Committee anda member of the Air Law Association of Australia and New Zealand (ALAANZ). He isalso a Fellow of the Chartered Insurance Institute (ECII) and is a member of the RoyalAeronautical Society (MRAeS).

Richard PowellVice President, Claims

Cohn CampbellClaims Manager

London

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/ CHARTIS/Claims Branch Locations

/Chartis Aerospace Adjustment Services, Inc.

/

Los Angeles 1

Atlanta, GAClaims Manager: Rebekah Edmondson100 Colony Square

1175 Peachtree St. NE, Suite ioooAtlanta, GA 30361Tel: 404.249.1857 / Fax: 404.249,1917

[email protected]

Dallas, 1Xclaims Manager: Ted Green6oo N. Pearl StreetSuite700Dallas, TX 75201

Tel: 214.758.8415 / Fax: [email protected]

Los Angeles, CAClaims Manager: Jeff Sheets777 Figueroa Street14th FloorLos Angeles, CA 90017Tel: 213.689.2727 / Fax: [email protected]

Phoenix, AZClaims Manager: Betsy FultonAsst. Claims Mgr.: Seth Magid2929 N. Central Avenue, 19th FloorPhoenix, AZ 85012

Tel: 602.468.8722/ Fax: [email protected]

Chicago, ILClaims Manager: Russ Talbot300 South RIverside Plaza, Suite 2100

Chicago, IL 6o6o6Tel: 312.831.8062 / Fax: 312.831.8066russell.talbotc’chartjsinsurance,com

Denver, COClaims Rep.: Myron CarlsonP.O. Box 33330

Northglenn, CO 80233.0330Tel: 303.280.1408 / Fax: 303.280.1409

[email protected]

New York, NYClaims Manager: Joe ShelbyFinancial Square32 Old Slip, 28th FloorNew York, NY 10005

Tel: 646.857.2105 / Fax: [email protected]

International

AustraliaClaims Manager: Michael SkibolaLevel 19

Citigroup Centre, 2 Park StreetSydney, NSW 2000, AustraliaTel: 61 29240 1707

Fax: 6i 292401752

[email protected]

UKVP Claims: Richard PowellThe Chartis Building58 Fenchurch StreetLondon EC3M 4ABTel: 442079548510

Fax: 442079544919

[email protected]

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,) Safety and Loss Control

Since 1999, the Safety and Loss Control team has conducted more than 3,500 safety, loss

prevention and risk assessments of airlines, airports and corporate fleets.

The goal of the Safety and Loss Control team is to ensure that our customers are provided

with a sound foundation on which to build their own safety and operational risk

management programs. We work with our customers providing specific recommendations

that focus on all aspects of their operations.

MissionThe mission of the Safety and Loss Control team is to

provide industry-leading safety and loss prevention

consulting services to our clients. Emphasizing

exceiience and value, we work with our clients to:

V Advance the safety of their aviation operations

V Reduce loss exposures

V And contribute to their own safety initiatives

Safety and Loss Control ServicesV Perform detailed safety and loss control service of flight

operations, aircraft maintenance, dispatch and ramp

V Assess risks offering solutions that are proven within the

industry

V Provide specific recommendations and support materials

V Share best practices with other similar businesses

V Educate on methods for detecting hazards and liability

exposures

V Facilitate development of safety management systems

including pre-audits

V Assist in developing safety programs and refining

accident investigation procedures

V Provide training to key employees, managers and

supervisors

V Provide ongoing safety and loss control services on

request

V RiskTool System (“RiskTool”) has recently been

introduced as another value-added service for

insured clients of Chartis Aerospace Insurance

Services, Inc. RiskTool is a Web-based safety

resource that provides customers with a

comprehensive platform for managing

environmental, health, safety, and ground and air

transportation risk management throughout the

world. For more information and to view

informative talking point presentations go to:

http://www.chartisinsurance.com/risktool.

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.) Safety and Loss Control Team

Ray StantonV Over 40 years - Aviation Flight Operations

“ Commercial Pilot- Airplane and Helicopters

V Flight Instructor - Airplane and Helicopters

V Experienced Part 135 as Director of Operations, Chief Pilot, and Director of Safety

V Chief Flight Instructor Part 141

V Experienced public speaker

V MBA - Aviation Business

V lS-BAO Auditor

Robert RutledgeV 25 years experience in Occupation Safety, Property and Casualty risk mànémeht

and Loss Reduction

V Certified Ergonomist

V Workers Compensation, General Liability and Property Exposures:

• Fixed Base Operations

• Third Party Service Providers

V Field Safety Certificates: TX and AK; Certified Safety and Health Professional in HI

V Member of ASSE, lIE; presenter for Int’l Air Transport Section, Nat’l Safety Council

and Applied Ergonomic Conf.

V BS - Arts and Sciences from University of Tulsa

Brad JohnsonV Over 8 years experience in occupational safety, risk management and loss reduction

V Specializing in Air Quality, Noise Assessments and manufacturing

V MS Occupational Health & Safety

V Workers Compensation, General Liability and Property Exposures:

• Fixed Base Operations

• Third Party Service Providers

Ray StantonVice President,

Safety and Loss Control

• Airports

• Repair Stations

• Airlines

Robert RutledgeSenior Safety and LossPrevention Consultant

• Airports

• Repair Stations

• Airlines

Brad JohnsonSenior Safety and Loss

Prevention Consultant

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Safety Resources

Human FactorsHuman factors is an area of study dedicated to optimizing human

performance and reducing human error. It focuses on human

abilities and limitations to the design and organization of the

work environment and involves the study of variables that

influence individual and group performance.

Resources available include:“ Crew Resource Management

V Fatigue Resource Management

“ Human Error Containment

V Safety Management System

“ Operational Risk Management

Employee SafetyEmployee safety includes OSHA compliance standards, formal

safety programs and policies, accident prevention and reporting,

workplace and environmental hazards.

Resources available include:V Fall, hearing and other personal protection

V OSHA Small Business Guide

V Internal Audit Process

V Emergency Response Planning

V First Aid kits

V Walking and working surface safety

V Safety meetings, training, and briefings

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Safety Resources

ErgonomicsErgonomics includes reference materials for

control of risk factors that relate to baggage

handling, parcel sorting, cargo handling,

ticket counter service, flight attendants,

aircraft maintenance, reservation centers and

ramp service.

Safety Awareness

Safety

awareness includes a wide range of

topics addressing general accident

prevention, injury prevention, analysis and

reporting. These documents are one-page

quick references that are excellent reviews for

individuals, group discussions and safety

meetings as well as bulletins for general

distribution.

Other Available Resources

Our resource library contains over 230 specific topics which are

available to you, including subjects such as:

V Fuel Safety

V Heliport/Helipad Safety

V Hazard Analysis

Lightning Damage

Material Safety Data Sheets (MSDS)

Personal Protective Equipment

V Runway Incursions

s” Slip, Trip & Falls

MaIntenance OperationsMaintenance operations include all ground

maintenance performed on an aircraft,

maintenance training, and related safety

equipment and procedures, including

Maintenance Resource management

techniques.

V

V

V

V In-flight and Ground Icing Prevention Measures

Updated 9/22/11, 3:40 p.m.

STATE OF TEXASCOUNTY OF TRAVIS

}}

Attachment E

ETHICS AFFIDAVIT

Date: Seutember 14. 2011

Name of Affiant:

Title of Affiant:

Donn E. Gauger II

Vice President / Agent

Address: 5316 Hwy 290 W, Suite #440, Austin, TX 78735P0 Box 92409, Austin, TX 78709

Business Name of Contractor:

County of Contractor:

______

Falcon Insurance Agency, Inc.

Travis Countv Texas

Affiant on oath swears that the following statements are true:

1. Affiant is authorized by Contractor to make this Affidavit for Contractor.2. Affiant is fully aware of the facts stated in this Affidavit.3. Affiant can read the English language.4. Contractor has received the list of key contracting persons associated with this invitation

for bids which is attached to this affidavit as Exhibit A.5. Affiant has personally read Exhibit A to this Affidavit.6. Affiant has no knowledge of any key contracting person on Exhibit A with whom

Contractor is doing business or has done business during the 365-day period immediatelybefore the date of this Affidavit whose name

SUBSCRIBED AND SWORN TO before me

Notaryub je

Typed or printed name of notary

My commission expires:

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Attachment E

Contractor acknowledges that Contractor is doing business, or has done business, during the 365-day period immediately prior to the date of this Affidavit with the following key persons andwarrants that these are the only such key persons:

None

Ifno one is listed above, Contractor warrants that Contractor is not doing business, and has not donebusiness, during the 365-day period immediately prior to the date of this Affidavit with any keyperson.

---------:

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EXHIBIT ALIST OF KEY CONTRACTING PERSONS

August 25, 2011

CURRENTName of Individual Name of Business

Position Held Holding Office/Position Individual is Associated

County Judge Samuel T. BiscoeCounty Judge (Spouse) Donalyn Thompson-Biscoe MHMRExecutive Assistant Cheryl BrownExecutive Assistant Melissa VelasquezExecutive Assistant Josie Z. ZavalaExecutive Assistant Cheryl AkerCommissioner, Precinct 1 Ron DavisCommissioner, Precinct 1 (Spouse) Annie Davis Seton HospitalExecutive Assistant Deone WilhiteExecutive Assistant Felicitas ChavezCommissioner, Precinct 2 Sarah EckhardtCommissioner, Precinct 2 (Spouse) Kurt Sauer Daffer McDaniel, LLPExecutive Assistant Loretta FarbExecutive Assistant Joe HonExecutive Assistant Peter EinhornCommissioner, Precinct 3 Karen HuberCommissioner, Precinct 3 (Spouse) Leonard Huber RetiredExecutive Assistant Garry BrownExecutive Assistant Lori DuaneExecutive Assistant Jacob Cottingham*Commissioner, Precinct 4 Margaret GomezExecutive Assistant Edith MoreidaExecutive Assistant Norma GuerraCounty Treasurer Dolores Ortega-CarterCounty Auditor Susan Spataro, CPACounty Executive, Administrative VacantCounty Executive, Planning & Budget VacantCounty Executive, Emergency Services Danny HobbyCounty Executive, Health/Human Services Sherri E. FlemingCounty Executive, TNR Steven M. Manilla, P.E.*County Executive, Criminal Justice Planning Roger JefferiesDirector, Facilities Management Roger El Khoury, M.S., P.E.Chief Information Officer Joe HarlowDirector, Records Mgment & Communications Steven BrobergTravis County Attorney David EscamillaFirst Assistant County Attorney Steve CapelleExecutive Assistant, County Attorney James CollinsDirector, Land Use Division Tom NuckolsAttorney, Land Use Division Julie JoeAttorney, Land Use Division Christopher GilmoreDirector, Transactions Division John HilleAttorney, Transactions Division Tamara ArmstrongAttorney, Transactions Division Daniel BradfordAttorney, Transactions Division Mary Etta GerhardtAttorney, Transactions Division Barbara WilsonAttorney, Transactions Division Jim ConnollyAttorney, Transactions Division Tenley AldredgeDirector, Health Services Division Beth DeveryAttorney, Health Services Division Prema GregersonPurchasing Agent Cyd Grimes, C.P.M.Assistant Purchasing Agent Marvin Brice, CPPBAssistant Purchasing Agent Bonnie Floyd, CPPO, CPPB, CTPM

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Purchasing Agent Assistant IV Diana GonzalezPurchasing Agent Assistant IV Lee PerryPurchasing Agent Assistant IV Jason WalkerPurchasing Agent Assistant IV Richard VillarealPurchasing Agent Assistant IV VacantPurchasing Agent Assistant IV Lori Clyde, CPPO, CPPBPurchasing Agent Assistant IV Scott Wilson, CPPBPurchasing Agent Assistant IV Jorge Talavera, CPPO, CPPBPurchasing Agent Assistant IV George R. Monnat, C.P.M., A.P.P.Purchasing Agent Assistant IV John E. Pena, CTPMPurchasing Agent Assistant III VacantPurchasing Agent Assistant III David WaichPurchasing Agent Assistant III Michael Long, CPPBPurchasing Agent Assistant III Elizabeth Corey, C.P.M.Purchasing Agent Assistant III Rosalinda GarciaPurchasing Agent Assistant Ill Loren Breland, CPPBPurchasing Agent Assistant II C.W. Bruner, CTPPurchasing Agent Assistant ifi Nancy Barchus, CPPBHUB Coordinator Sylvia LopezHUE Specialist Betty ChapaHUE Specialist Jerome GuerreroPurchasing Business Analyst Scott WorthingtonPurchasing Business Analyst Jennifer Francis

FORMER EMPLOYEES

Name of IndividualPosition Held Holding Office/Position Date of ExpirationCounty Executive, TNR Joseph Gieselman 01/31/12Purchasing Agent Assistant IV Oralia Jones, CPPB 07/31/12County Executive, Planning & Budget Rodney Rhoades 08/19/12

*- Identifies employees who have been in that position less than a year.

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EVALUATION MATRIXAVIATION INSURANCEFOR TRAVIS COUNTY

RFP #P110204-OJ

MAXIMUM Falcon Arthur J.EVALUATION FACTORS POINTS Insurance Gallagher

3.10 Premium 50.00 50.00 30.00

3.20 Quality of coverage and services offered 50.00 48.33 48.33

The manner in which minimum performance

3.30parameters listed in Part II, Section 4 are met and

40.00 38.33 36.67the extent, if any, tow hich these parameters areexceeded

3.40 Policy terms and conditions 40.00 38.00 39.67

3.50Compliance with technical requirements in Part

30.00 28.33 28.33

Financial condition of company and of agent;reputation and experience with public entities

3.60 and financial and operational strength of the 30.00 27.33 30.00qualified insurance company as evidenced by theA.M. Best rating, if any

3.70Completeness of proposal relative to

30.00 28.33 28.33requirements

TOTAL POINTS 270.00 258.65 241.33

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TRIA Premium — based on $5OMiI Quote Option

POLICYHOLDER DISCLOSURENOTICE OF TERRORISM INSURANCE COVERAGE

You are hereby notified that under the Terrorism Risk Insurance Act, as amended, that you have a right topurchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of the Act:The term “act of terrorism” means any act that is certified by the Secretary of the Treasury-in concurrence withthe Secretary of State, and the Attorney General of the United States-to be an act of terrorism; to be a violent

act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within theUnited States, or outside the United States in the case of certain air carriers or vessels or the premises of aUnited States mission; and to have been committed by an individual or individuals as part of an effort to coercethe civilian population of the United States or to influence the policy or affect the conduct of the United StatesGovernment by coercion.

YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTINGFROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITEDSTATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICYMAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSIONFOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLYREIMBURSES 85% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHEDDEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGEDFOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTIONOF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.

YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A$100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS’ LIABILITYFOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSESIN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALLINSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED.

Acceptance or Rejection of Terrorism Insurance CoverageType of Policy Additional Accept Reject

PremiumAircraft Liability $ 2769

Aircraft Physical Damage $ 13140

Comprehensive General Liability $

Manufacturing Products/Completed Operations/Grounding Liability $

____________

Other $

Policyholder/Applicant’s Signature

Samuel T. Biscoe, Travis County Judge DatePolicyholder/Applicant’s Printed NameTravis County EMS, New Business to ChartisRenewal of Policy

Name Insured I Policy Number(s)

UE1068 (3/08)© 2007 National Association of Insurance Comissioners

Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011Prepared By/Phone Number: David Walch, 46663, Marvin Brice, CPPBElected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language: Approve award of Contract No. PS110247DW for Professional Counseling and Psychological Services with Austin Child Guidance Center.

Ø Purchasing Recommendation and Comments: Purchasing concurswith department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

This contract is for the provision of professional Counseling and Psychological Services, as detailed in the Scope of Services, Attachment A, of the contract.

In accordance with the Scope of Services, Austin Child Guidance Center will provide individual, family, and group therapy to Travis County Juvenile Probation Department juveniles and their families. Psychological assessments will be completed as requested by Travis County. This contract is to be used on an as needed basis.

Pursuant to TEX. LOC. GOV’T. Code ANN. 262.024(a)(4), Commissioners Court hereby orders that this Agreement is exempt from the requirements of the County Purchasing Act because it is a contract for the purchase of personal or professional services.

Contract Expenditures: Within the last 12 months $0.00 has been spent against this contract/requirement.

Ø Contract-Related Information:

Award Amount: As needed Contract Type: Professional Services AgreementContract Period: 09-27-11 to 09-30-12 (auto-renewal)

Travis County Commissioners Court Agenda Request

Item 12Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Ø Funding Information: Purchase Requisition in H.T.E.: (as needed) Funding Account(s): 001-4514-593-6099, 001-4550-593-6099 Comments: This is an as needed agreement.

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AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011Prepared By/Phone Number: David Walch 46663, Marvin Brice CPPBElected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language: Approve Modification No. 5 to Contract No. PS080215VR, Knaupe G R, LLC for Professional Legislative Advocacy Services.

Ø Purchasing Recommendation and Comments: Purchasing concurs with department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

This contract, for Professional Legislative Advocacy Services, was awarded to Santos Alliance on August 26, 2008, as a result of a formal RFS process conducted by the Purchasing Office completed June 16,2008. It was subsequently assigned to Knaupe GR (via Modification No. 3) on February 26, 2010.

Modification No. 5 exercises the County’s third renewal option on this contract for an additional 12-month period, from October 1, 2011 to September 30, 2012 in the amount of $78,000 ($6,500 per month). In addition this Modification provides for inclusion of an additional 12-month extension period to be exercised by specific resolution of the Commissioners Court.

Modification No. 4 exercised the County’s second renewal option on this contract for an additional 12-months, from October 1, 2010 to September 30, 2011 in the amount of $78,000 ($6,500 per month).

Modification No. 3 assigned the contract to Knaupe GR.

Travis County Commissioners Court Agenda Request

Item 13Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Modification No. 2 exercised the County’s first renewal option on this contract for an additional 12-months, from October 1, 2009 to September 30, 2010 in the amount of $78,000 ($6,500 per month).

Modification No. 1 Incorporated a 20-day Funding Out clause into the contract.

Ø Contract Expenditures: Within the last 12 months $78,000.00 has been spent against this contract/requirement.

Ø Contract-Related Information:

Award Amount: $78,000.00Contract Type: Professional ServicesContract Period: October 1, 2008 to September 30, 2009

Ø Contract Modification Information:

Modification Amount: $78.000 ($6,500 per month)Modification Type: BilateralModification Period: October 1, 2011 to September 30, 2012

Ø Solicitation-Related Information:

Solicitations Sent: Responses Received: 7HUB Information: Firm is 100% HUB Certified

% HUB Subcontractor: N/A

Ø Funding Information: Purchase Requisition in H.T.E.: Funding Account(s): 001-1030-521.75-21 Comments: Will be funded out of FY12 funds

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AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011Prepared By/Phone Number: David Walch 46663, Marvin Brice CPPBElected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language: Approve twelve-month extension, Modification No. 5 to Contract No. PS080222RE, Foundation Communities, for Parenting in Recovery Services.

Ø Purchasing Recommendation and Comments: Purchasing concurs with department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

Ø Through this contract, Foundation Communities provides case management services for clients with methamphetamine or other substance dependence in the Parenting in Recovery Program. The goal is to assist clients in attaining self-sufficiency and stable housing.

Ø Modification No. 5 will renew this agreement for an additional twelve-month period, from September 30, 2011 through September 29, 2012. Funds for this contract term will not exceed $20,000 and will be paid by the Parenting in Recovery grant.

Ø Modification No. 4 reduced the budget amount for the September 30, 2010 – September 29, 2011 contract term from $22,008 to $15,008, for a decrease of $7,000.

Ø Modification No. 3 renewed the agreement for an additional twelve-month period, from September 30, 2010 through September 29, 2011. Funds for this period did not exceed $22,008.

Ø Modification No. 2 renewed the agreement for an additional twelve-month period, from September 30, 2009 through September 29, 2010.

Ø Modification No. 1 renewed the agreement for an additional twelve-month period, from September 30, 2008 through September 29, 2010.

Travis County Commissioners Court Agenda Request

Item 14Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Ø Contract Expenditures: Within the last 12 months $15,008.00 has been spent against this contract/requirement.

Ø Contract-Related Information:

Award Amount: $15,000Contract Type: Professional ServicesContract Period: March 1, 2008 – September 29, 2008

Ø Contract Modification Information:

Modification Amount: $20,000Modification Type: BilateralModification Period: September 30, 2011 – September 29, 2012

Ø Special Contract Considerations:

Award has been protested; interested parties have been notified. Award is not to the lowest bidder; interested parties have been

notified. Comments: Contract is being routed for original signatures.

Ø Funding Information: Purchase Requisition in H.T.E.: To be entered with FY2012 Budget Funding Account(s): to be determined by the department. Comments: The entire modification amount, $20,000 will be paid by

the Parenting in Recovery Grant.

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AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011Prepared By/Phone Number: David Walch, 46663, Marvin Brice CPPBElected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language: Approve Modification No. 7 to Contract No. PS080113RE, Encompass Medical Management, for Evaluation Services.

Ø Purchasing Recommendation and Comments: Purchasing concurs with department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

Ø In FY2008, the U.S. Department of Health and Human Services awarded Travis County a five-year grant at $500,000 per year to fund the Parenting in Recovery project. HHS&VS works with several partners to provide a system of services for families in the child welfare system. Encompass Management provides a variety of services in support of the grant, including collection of program data, maintenance of a database, and training of grant partners in the use of the database.

Ø This Modification No. 7 renews the contract for an additional twelve-month period, from September 30, 2011 through September 29, 2012. Funds for this period are not to exceed $22,500.

Ø Modification No. 6 increased the contract amount from $23,500 to $30,500, an increase of $7,000 for the September 30, 2010 –September 29, 2011 contract period.

Ø Modification No. 5 renewed the contract for an additional twelve-month period, from September 30, 2010 through September 29, 2011. Funds for this period are not to exceed $23,500.

Ø Modification No. 4 renewed the contract for an additional twelve-month period, from September 30, 2009 through September 29, 2010. Funds for this period were not to exceed $33,500.

Travis County Commissioners Court Agenda Request

Item 15Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Ø Modification No. 3 increased the contract amount from $43,500 to $66,500, an increase of $23,000. These new funds supported additional work on the database and development of a strategy to improve training for caseworkers involved with the project.

Ø Modification No. 2 renewed the contract for an additional twelve-month period, from September 30, 2008 through September 29, 2009. Contract funds for this period were not to exceed $43,500.

Ø Modification No. 1 increased the contract amount from $59,000 to $73,000, an increase of $14,000.

Ø Contract Expenditures: Within the last 12 months $30,500.00 has been spent against this contract/requirement.

Ø Contract-Related Information:

Award Amount: $59,000Contract Type: Professional ServicesContract Period: March 1, 2008 – September 29, 2008

Ø Contract Modification Information:

Modification Amount: $22,500Modification Type: BilateralModification Period: September 30, 2011 – September 29, 2012

Ø Special Contract Considerations:

Award has been protested Award is not to the lowest bidder Comments: Contract documents have been routed for signatures.

All approvals have been received.

Ø Funding Information: Purchase Requisition in H.T.E.: Funding Account(s): To be Determined by Department Comments: The entire renewal period will be paid by the Parenting

in Recovery Grant.

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AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011Prepared By/Phone Number: Lori Clyde/854-4205Elected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language: Approve Modification No. 4 to Contract No. PS090255LC, Labyrinth Solutions, Inc. (LSI), for BEFIT Implementation Services.

Ø Purchasing Recommendation and Comments: Purchasing concurs with department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

The Auditor’s Office recommends modifying the contract to increase the level of effort of LSI’s Organizational Change Management (OCM) lead from half time to full time for the remainder of Phase 1 (October 1, 2011 through April 30, 2012). This request will provide additional resources inthe Procurement team that BEFIT project management has identified as necessary to support critical project deadlines, maintain the quality of the deliverables and address certain training resource needs.

BEFIT project management evaluated different alternatives and recommends the following solution to address project needs from both a skills and cost perspective:

• Assign the County OCM lead who has previous County purchasing experience, as the County Procurement Lead which allows the Finance Lead to focus solely on the Finance implementation. The County Procurement Lead role is a part-time role thus allowing the OCM Lead to still work on OCM activities. The procurement process has the largest change impact for the County in Phase I of the project since it affects every Office/Department in the County, so the dual role makes sense both from a business and a knowledge perspective.

Travis County Commissioners Court Agenda Request

Item 16Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

• Compensate for the reassignment of the County’s OCM resource to the Procurement Lead role by increasing the LSI OCM resource hours from half-time to full time.

This solution allows the County’s OCM lead to shift certain activities to the LSI OCM resource, while maintaining oversight and coordination so that important organization change management activities can proceed as planned.

The cost of this modification is $102,600 which is part of the overall BEFIT project budget approved on December 7, 2010.

Ø Contract Expenditures: Within the last 12 months $2,996,958.80 has been encumbered and $1,186,343.90 spent against this contract.

Ø Contract Modification Information:

Modification Amount: $102,600.00Modification Type: Additional hoursModification Period: October 1, 2011 – April 30, 2012.

Ø Funding Information: Purchase Requisition in H.T.E.: 539385 Funding Account(s): 517-0615-801-8002 Comments:

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MODIFICATION OF CONTRACT NUMBER: PS090255LC BEFIT Implementation Services PAGE 1 OF 2 PAGES ISSUED BY: PURCHASING OFFICE

700 LAVACA, SUITE 800

AUSTIN, TX 78701

PURCHASING AGENT ASST: Lori Clyde

TEL. NO: (512) 854-9700

FAX NO: (512) 854-9185

DATE PREPARED:

September 14, 2011

ISSUED TO:

Labyrinth Solutions, Inc.

d/b/a LSI Consulting

144 North Road, Suite 1000

Sudbury, MA 01776

MODIFICATION NO.:

4

EXECUTED DATE OF ORIGINAL

CONTRACT:

December 7, 2010

ORIGINAL CONTRACT TERM DATES: _December 7, 2010 through

completions of warranty period

CURRENT CONTRACT TERM DATES: December 7, 2010 through

completions of warranty period FOR TRAVIS COUNTY INTERNAL USE ONLY:

Original Contract Amount: $_18,887,811.00 Current Modified Amount $_19,035,411.00

DESCRIPTION OF CHANGES: Except as provided herein, all terms, conditions, and provisions of the document referenced above as heretofore

modified, remain unchanged and in full force and effect.

RECITALS

County and Contractor entered into a contract for implementation services for the ERP-Financial System,

that began January 1, 2011.

Section 30 Changes of the Implementation Services Agreement allows County and Contractor to modify

this agreement in writing signed by both of us.

During the Blueprinting Phase of the services, County has determined that the work required to complete

all tasks assigned to County on a timely basis is greater than anticipated and additional assistance from Contractor

is needed. Contractor has submitted their Change Request Form P1-OCM-002 for that purpose.

AGREEMENT TO MODIFY CONTRACT

Now therefore, County and Contractor agree as follows:

To obtain satisfactory results in the completion of the OCM deliverables and associated tasks underlying them,

County and Contractor must both participate. County is reducing the amount of time and effort to be provided by

the County OCM lead toward completion of the OCM deliverables below the level stated under the contract.

Contractor acknowledges and accepts that Contractor remains responsible for these deliverables and as a result of

County’s reduction, the Contractor’s OCM lead must provide increased time and effort to complete the tasks in

Phase 1 associated with the OCM requirements and the development of OCM deliverables. To address that shift

in the source of the time and effort needed to complete these deliverables, Contractor shall dedicate its OCM Lead

full time from October 1, 2011 through April 30, 2012, to completion of the tasks and deliverables related to OCM

in Phase 1 and the transition to Phase 2. County OCM lead shall continue to provide some services and act as Note to Vendor:

[ X ] Complete and execute (sign) your portion of the signature block section below for all copies and return all signed copies to Travis County.

[ ] DO NOT execute and return to Travis County. Retain for your records.

LEGAL BUSINESS NAME: Labyrinth Solutions, Inc.d/b/a LSI Consulting

BY: SIGNATURE

BY: Mark J. Schexnaildre PRINT NAME

TITLE:

ITS DULY AUTHORIZED AGENT

□ DBA

□ CORPORATION

□ OTHER

DATE:

TRAVIS COUNTY, TEXAS

BY:

CYD V. GRIMES, C.P.M., TRAVIS COUNTY PURCHASING AGENT

DATE:

TRAVIS COUNTY, TEXAS

BY:

SAMUEL T. BISCOE, TRAVIS COUNTY JUDGE

DATE:

Updated 9/22/11, 3:40 p.m.

PS090255LC Page 2 of 2 Pages

liaison in relation to these OCM tasks while also acting as the dedicated County procurement lead. This anticipated

additional time for the OCM Lead is 456 hours to be worked between October 1, 2011 and April 30, 2012 and the

additional compensation is $102,600.00 which is payable as follows:

Deliverable Expected

Delivery

Date

Percentage of

Total

Additional

Compensation

Deliverable

Value

Retainage

Value,

10%

Net

Deliverable

Value

Realization Cycle 1—End User

Training Plan

11/30/2011 30% $30,780 $3,078 $27,702

Realization Cycle 3—

Completion of End User

Training Materials

2/28/2012 50% $51,300 $5,130 $46,170

Functional Production Support 6/1/2012 20% $20,520 $2,052 $18,468

Total 100% $102,600 $10,260 $92,340

Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011Prepared By/Phone Number: Elizabeth Corey (854-9853), Bonnie FloydElected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language: Approve twelve-month extension (Modification No. 3) to Contract No. 09T00207OJ, WageWorks, Inc., for Administration of the Flexible Spending Plan.

Ø Purchasing Recommendation and Comments: Purchasing concurswith department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

This contract provides for the Administration of the Flexible Spending Account for Travis County and its eligible employees who enroll for these services. The Commissioners Court approved the contract on September 8, 2009.

This Modification No. 3 extends the contract period for an additional twelve months, through September 30, 2012.

Modification No. 2 provided for an assignment of contract to WageWorks, Inc. from Fringe Benefits Management Company.

Modification No. 1 extended the contract period for twelve months, through September 30, 2011.

Ø Contract Expenditures: Within the last twelve months, $33,282.90 has been spent against this contract.

Ø Contract Modification Information:

Modification Amount: N/AModification Type: annual renewalModification Period: October 1, 2011 – September 30, 2012

Travis County Commissioners Court Agenda Request

Item 19Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Ø Funding Information: Purchase Requisition in H.T.E.: Funding Account(s): 001-1140-522-4701 Comments:

Updated 9/22/11, 3:40 p.m.

MODIFICATION OF CONTRACT: 09T002070J. Administration of the Flexible Snendint Plan PAGE 1 OF 3 PAGESISSUED BY: PURCHASING OFFICE PURCHASING AGENT ASST: Elizabeth Corey DATE PREPARED:

700LAVACA, SUITE 800 TEL,NO: (512)8549853 September 13,2011AUSTTN,TX78701 FAXNO: (512)854.9185

ISSUED TO: MODIFICATION NO.: EXECUTED DATE OF ORIGINALWageworks, Inc. 3 CONTRACT:

1100 Park Place, 4th Floor September 8, 2009

San Mateo, California 94403

ORIGINAL CONTRACT TERM DATES: October 1, 2009— September 30, 2010 CURRENT CONTRACT TERM DATES: October 1,2011— September 30, 2012

FOR TRAVIS COUNTY INTERNAL USE ONLY.

Original Contract Amount: $ N/A Current Modified Amount $ N/A

DESCRIPTION OF CHANGES: Except as provided herein, all terms, conditions, and provisions of the document referenced above as heretoforemodified, remain unchanged and in full force and effect.

This amendment number two to Wageworks, Inc. (“Wageworks”) Services Agreement (“Agreement”) ismade by the following parties:

Wageworks, Inc. (“Wageworks”) and Travis County, Texas (“County”).

RECITALSCounty and Wageworks entered into a contract for administrative services for County’s Flexible Spending

Plan for county employees and their dependents that began October 1, 2009.Section 11 of the Agreement with Wageworks allows County and Wageworks to amend this agreement if

the amendment is in writing and signed by both parties.Section 2.02 of the Agreement with Wageworks grants County the option to extend this agreement for

three additional one year periods, with all terms and conditions remaining unchanged except the Agreement Periodand rate changes in compliance with Section 7.02.

1.0 EXERCISE OF OPTIONAGREEMENT

1.1 Pursuant to Section 2.02 Term of Agreement of the Agreement, as amended herein, Countyexercises its second option to extend this Agreement for the one year period from October 1, 2011 throughSeptember 30, 2012.

Note to Vendor:

IXXI Complete and execute (sign) your portion of the signature block section below for all copies and return all signed copies to Travis County.

I 00 NOT execute and return to Travis County. Retain for your records.

D DBALEGAL BUSINESS NAME:Fringe Benefits Management Comp ny A Division of Wage Works

BY. /3a.ti3-.i ,/ f/7t?.A._} X CORPORATION

SIGNA RE

(7 D OTHER

BY: Barbara L. Gonzales, CEBS DATE:PRINT NAME

TITLE: VP Public Sector Division 9/13/2012

ITS DULY AUTHORIZED AGENT

TRAVIS COUNTY, TEXAS DATE:

BY:____________________________________________________CYD V. GRIMES, C.P.M., TRAVIS COUNTY PURCHASING AGENT

TRAVIS COUNTY, TEXAS DATE:

BY:____________________________________________________SAMUEL T. BISCOE, TRAVIS COUNTY JUDGE

MinuteTraq ID #5041

Updated 9/22/11, 3:40 p.m.

MODIFICATION OF CONTRACT # 09T002070J, Flexible Spending Plan ASA PAGE 2 OF 3 PAGES

2.0 RATES FOR SECOND OPTION PERIOD

2.1 Pursuant to Section 7.01 and 7.03 Rates for Administration FSA, HRA and QTBof the Agreement, the rates applicable for this option period from October 1, 2011to October 1, 2012 are as follows:

FSA only $3.95 per participant per monthQTB only $3.95 per participant per monthFSA and HRA (dual administration) $3.95 per participant per monthFSA, HRA and QTB (triple administration) $7.67 per participant per monthFSA, and QTB (dual administration) $7.67 per participant per monthHRA and QTB (dual administration) $7.67 per participant per month

PERFORMANCE MEASURE—ACTION PLAN

3.1 To ensure that Wageworks consistently meets the level of service required by thecontract for the administration of Flexible Spending Accounts for Travis Countyparticipants. The following procedures and resources shall remain in effect duringthis option year:

3.2 To ensure that all faxed claims are processed timely, Wageworks shall continue touse the random audit procedure implemented in April 2011 to ensure that 100% ofthe faxes received are sent to Claims Examiners for processing.

3.3 Wageworks shall maintain the alarm installed to alert staff if the fax server is notworking properly so that the alarm continues to work.

3.4 Wageworks’s Customer Service management and staff shall immediately escalateany fax related issues, experienced by a Travis County participant, to managementas a top priority.

3.5 The Assistant Vice President of Card Services and Claims shall frequently reviewand audit the productivity and accuracy ratings of all Claims Examiners to ensurethat claims continue to be processed accurately and timely. Wageworks shallactivate performance improvement plans to correct any audit results that fallbelow Wageworks’s standard.

3.6 Wageworks’s management staff in the Card Services and Claims Departmentshall audit all escalated customer inquiries from the Customer Service Departmentto ensure timely and accurate resolution.

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MODIFICATION OF CONTRACT # 09T00207OJ, Flexible Spending Plan ASA PAGE 3 OF 3 PAGES

3.7 Wageworks’s Communications Department, in cooperation with the CardServices and Claims Department, shall continue to use the improved informationprovided in the claims status emails provided to participants who enroll in the “GoGreen” initiative.

3.8 Wageworks’s Communications Department, in cooperation with the CardServices and Claims Department, shall make improvements in the language usedin rejection explanation letters to make these letters clear and more beneficial tothe participants.

3.9 Wageworks shall re-instate Cards within 24 hours of documentation is posted tothe system, if the transaction is completely satisfied.

3.01 Wageworks’s Manager and Quality Assurance Specialist of the Customer ServiceDepartment has re-focused the monthly refresher training for Customer ServiceRepresentatives to make sure each Representative answers calls from TravisCounty participants accurately and timely.

3.11 Wageworks shall continue to maintain the Daily Alert for all Customer ServiceRepresentatives that is initiated each morning if Travis County participants haveexperienced any issues or concerns the previous day.

3.12 Wageworks’s Senior Management shall continue to monitor the progress of theseplans.

3.13 Wageworks’s Senior Account Manager for Travis County shall report on progresson each action item in writing to Travis County twice monthly until you arecomfortable Wageworks has achieved these goals.

4.0 INCORPORATION OF CONTRACT

4.1 County and Wageworks hereby incorporate this amendment into the Wageworks,Inc. Services Agreement, County and Wageworks hereby ratify all of the terms andconditions of the Agreement as amended.

4.0 EFFECTIVE DATE

4.1 The changes in this amendment are effective October 1, 2011.

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Travis County Commissioners Court Agenda Request

Meeting Date: July 5, 2011Prepared BylPhone Number: Cindy Punnton, Benefit Administrator 854-9626ElectedlAppointed OfflclallDept. Head: Diane Blankenship, HR Director854-9165Commissioners Court Sponsor: Judge Biscoe

AGENDA LANGUAGE:Consider and take appropriate action on the following employeebenefit items for FY12:

A. Recommend award of contract to CIGNA for the following 100% voluntaryemployee paid coverages, to be effective October 1,2011:1. Supplemental life insurance and matching AD&D insurance2. Dependent life insurance3. Additional spouse life insurance4. Retiree life insurance5. Short Term disability6. Long Term disability7. Employee and dependent voluntary AD&D (stand alone product

currently underwritten by CIGNA)

B. Renew Basic $50,000 life insurance and AD&D coverage with UNUM effectiveOctober 1,2011. This is 100% County paid.

C. Renew administration contract for Flexible Spending Account (FSA) andQualified Transportation Benefit (QTB) with Fnnge Benefit Management Q9TCCZO7OTCompany, (FBMC) a division of WageWorks. This is a County paidadministration fee.

BACKGROUNDISUMMARY OF REQUEST AND ATTACHMENTS:

A. A request for proposal was released, evaluated and a recommendation preparedrecommending awarding contract to CIGNA for the following benefits.• Supplemental life insurance and matching AD&D insurance• Dependent life insurance• Mditional spouse life insurance• Retiree Life insurance• Short Term disability (STD)• Long Term disability (LTD)• Employee and dependent AD&D (stand alone)

Agenda request eupp lib fy12 W271201 I cPp IMinuteTraq ID #5037

Updated 9/22/11, 3:40 p.m.

CIGNA’s RFP included several items that the evaluation team considered In makingtheir decision:• Lower premium costs for the 100% employee paid voluntary coverages.• Allowing Domestic Partners to enroll In dependent life insurance.• A buy up option for retiree’s and retiree dependent spouse over age 71

(now they are limited to $5000 and $2500).• A four year rate guarantee for all premiums for all coverages except STD.(whichwillbe3years).• Expedited claim filing processes for life and disabWily. Several value added Items such as will preparation services, identity theftbenefit, bereavement services, and aggressive aback to work” programs

on the STD and LTD coverages• Performance guarantees — feilure to meet guarantee resufts in 2%

pena, nct to exceed to $20,000.

________

• Conversion and portability administration,_currently performed_by staff.

STAFF RECOMMENDATIONS:Staff and the evaluation committee for this RFP recommend approval and award of thecontract as recommended above

Those items up for renewal (FSA, QTB, and Basic Life) are recommended for renewalfor FY12.

ISSUES AND OPPORTUNITIES:This bid process has had the effect of lowering the cost to employees for many of theirvoluntary coverages. In a year of tight funding, and no employee or retiree increases,we were able to save employees and retirees significant premium costs, whileimproving the level of coverage for certain benefits. The claim filing processes havebeen streamlined as well for ease of filing a daim.

Purchasing will return to Court with the CIGNA contract and the other contractmodifications,.

On the Basic rife insurance, we had previously brought the renewal to Court forapproval, as a no increase. However there is an increase, as provided for in thecontract, from .12 to 14 per $1,000.

FISCAL IMPACT AND SOURCE OF FUNDING:

100% employee paid coverages Approximate totalannual savings toemployees

Supplemental life insurance and -25.60%matching AD&D insuranceDependent life insurance Same rateAgenda request supp life fy12 612712011 cIp 2

Updated 9/22/11, 3:40 p.m.

Additional spouse life insurance -23.03%Retiree Life insurance Same rate for existing

coverages with a slightincrease for new buy up optionfor older retirees

Short Term disability -6.25%Long Term disability

— -1 5.07%Employee and dependent voluntary -.20%AD&D (stand alone product)Note: CIGNA is the current carrier for thisproduct.

100% county paid Premium for FY12Basic Life and AD&D .14 Life 16% increaseFSA QTB administration NO INCREASE

FSA only$3.95 per participant per— month

Note currently we have FSA and QTB participant perdual administration for $7.67 FSA and HRA (dual administration)

$3.95 per participant per monthFSA, HRA and QTh (tripleadministratlon)$7.67 per participantper monthFS, and QTB (dqal administration)$7 6Lpør pjrtlclpaper monthHRA and QTB (dual administration)$7.67 per participant per month

REQUIRED AUTHORIZATIONS:

X Planning and Budget OffIce (854-9106)X Human Resources Management Department (854-9165)X Purchasing Office (854-9700)

X County Attorney’s Office (854-9415)X County Auditor’s Office (854-9125)

Attachments:

Attachment #1Cost Comparison Worksheet compares current and renewal UNUM with CIGNAcosts

Agenda request supp life fy12 612712011 cip- — 3

Updated 9/22/11, 3:40 p.m.

ATrACHMENr I

Travis CountyVoluntaiy Term Life andAD&D Rates

Acve. Employee Life Rate per $ii,000(For carriers with separateport rates. .thesedo mt apply).

UNuM Renewal UNUM OptionAge Volume c (no rate CIgna 2 ($ 14 basicUhIi_changqjnand -5%

.. Baslcflfe -- suppl

<25 $3,000,000 $O.057 $0.057 $O.O4O $0.05425-29 $17,250,000 $0.057 $0057 $oO4Q30-34 $28,400,000 $0095 $0.095 $0.070

— so.o9o35-39 $49,075,000 $0095 $0095 $0.070

— $O.09040-44 $68,100,000 $0143 $0143 $0110 $013445-49 $67,750,000 $0.228 $0228 $O17O $021650-54 $56,225,000 $0.380 $0.380 $0.290 $0.36155-59 $37,200,000 $0.523 $0.523 $0.410 $0.49760-64 $14,500,000 $0.855 $0.855 $0.670 $081265-69 $4,550,000 $1283 $1283 $1000 $121970-74 $375,000 $2.242 $2242 $1 .760 $2.13075-79 $25,000 $2.242 $2242 $1760

— $2.13080-84 $2.242 $2.242 $i.760 $213085-89 $2.242 $2242 $1 .760 $2.130Total 343,450,000

Active EmployeeAnnual Premium $1,123,833 $1,123,833 $861,216 $1,065,641

Matching AD&D UNUM Renewallite insurance UNUM (no rate cange In

Current Basic life) CignaVolume 346,450,000Rate per $1,000 $0.035 $0.025 $0.020Matching AD&D I $145,509 I $103,935 $83,148

Agenda request supp life fy12 612712011 clp 4

Updated 9/22/11, 3:40 p.m.

Annual Premium

-

_______

Agenda request supp IO 112 6!271201 1 c(p

I.Total Life Premium UNUM

___________

-20% 1

SpouselChild BaseBenefit 1 J$i 54 154

Spouá Rates for Additional $10000 or$20c000(Rate per $111000)UNuM UNUMROnewaI

Age Volume , (no r-change In Cigna.Ufl’OflBasic life)

<25 $50,000.00 $0057— $0.05?

25-29 $900,000.00 $0.057 $0057 $0.Q4030-34 $1,830,000.00 $0095 $0095 $00703539 $2,810,000.00 $0095 $0095 $0.07040-44 $4,310,000.00 $0.143 $0143 $011045-49 $4,330,000.00 $0228 $0228

50-54 $2,700,000.00 $0.380 $0.380 $O.29055.59 $2,830,000.00 $0523 $0523 $04106044 $1,510,000Oo $0.855 - $0.855 $06706549 $520,000.00 $1 .283 $1 .283 $1 .00070-74 $90,000.00 $2242 $2.24275-79 $2.242 $2242 $1 .76080-84 $2.242 $2242 $1 .76085-89 $2.242 $2242 $1 .760

-

Spouse AnnualPremium $81,175 $81,175

— $62,477

% change fromCurrent 0.00% -23.03%

5

Updated 9/22/11, 3:40 p.m.

1.UNUMRjflia1:

Retiree Coverage UNUM (na rte change InCuent : BaSic IW) Cigna

Retire atage 70 or Monthlyearlier cost Monthly cost

Basic Benefit of$15,000 $2.08 $2.08 .08

Basic + additional:$25,000 $6.92 $6.92 6.92Spouse of <70retiree

Basic Benefit of$7,500 $2.08 $2.08 .08

Basic + Additional:6$12,500 $6.92

:$6.92 92

Retire at age 71 orover

Retiree $5,000 $5.90 $5.90 $5j0Spouse $2,500 $2.95 $2.95 $2.95

ç >71 increments of —

$S000maxl500w,>71eetiee buy EOl requiredretiree buy up upoption $5000 $1.7611000 $8.80 foror $1000 weoj each additional $5,000

spouse: increments of2500 to max of 5000EOI

$tT6Il000

• UNUM RonewaiUNUM (no rate change In

CUrrent- Basic life) Cigna

Rate Guarantees

Voluntary AD&D 3 years 4 yearsEmployeeSupplemental Life 3 years 4 yearsSpouse Life 3 years 4 years

• Child Life 3 years 4yearsRetiree life 3 years 4years

Agenda request supp IWe f’j12 612712011 clp 6

Updated 9/22/11, 3:40 p.m.

if loss ratio isbetween:8O-90%= up to10% If 0.95%2O%

If over 5.% 3O%

CignaRate Guarantee 3 Years 4 yearsRate per $100 of monthlycovered payroll $0.560 $0.560 $O.500Estimated Monthly

$12,925,358 $12,925,358 $12,925,358VolumeMonthly Premium $72,382.00 $72,382.00 $64,626.79Annual Premium $868,584.00 $868,584.00 $775,521.00

% change fromCurrent 0.00% -15.07%

CIGNA RenewalVolumeEmployee $248,450,000 $0.025 — $0.020 $0020Family $400,600,000 $0.042 $0.035 $O.035EE Supplemental

Annual Premium $23,036 $18,990 $18,990-18%

life Rate Contingencyafter initial guaranteeperiod

Additional 3 years ifwithin 10% of

tolerated loss ratio

I CignaRate Guarantee 3 years 3Rate per $10 of weeklycovered payroll $0.32 $0.39 $0.30Volume $1,608,216 $1,608,216 $1,608,216Monthly Premium J51,462.91 $62,720.42 48,246.48Annual Premium $617,555 $752,645 $578,958

% change fromCurrent 21.87% 4.25%

Agenda request supp Ill. 1y12 612712011 dp 7

Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011Prepared By/Phone Number: Mike Long/ 854 4850; Marvin Brice/854 9765Elected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language: Approve Modification of the following Health and Human Services Professional Service Agreements:

A) PS030055EF, Texas Closed Captioning (Modification No. 9)

B) PS110003EC, Workforce Solutions Child Care Match (Modification No. 2)

C) PS070215RE, Workforce Solutions Quality Child Care Collaborative (Modification No. 8)

Purchasing Recommendation and Comments: Purchasing concurs with department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

A) Contract No. PS030055EF for Closed Captioning Services was approved by the Court on February 2, 2003, in the amount of $50,000.This Modification No. 9 will renew the contract for an additional fifteen (15) months from October 1, 2011 through December 31, 2012.

B) Contract No. PS110003EC for Child Care Local Match Transfer was approved by the Court on September 28, 2010, in the amount of $223,741. This Modification No. 2 will renew the contract for an additional twelve (12) months from October 1, 2011 through September 30, 2012. Funding for this renewal period shall not exceed $223,741.

C) Contract no. PS070215RE for Quality Child Care Collaborative was approved by Court on March 27, 2007, in the amount of $118,000. This Modification No. 8 will renew the contract for an additional fifteen (15) months from October 1, 2011 through December 31, 2012. Funding for this renewal period shall not exceed $250,000.

Travis County Commissioners Court Agenda Request

Item 22Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Ø Contract Expenditures: Within the last 12 months (see below) has been spent against these contracts:

A) Contract No. PS030055EF: $29,298.75

B) Contract No. PS110003EC: $223,741.00

C) Contract no. PS070215RE: $120,586.61

Ø Contract-Related Information:

Award Amount: See above commentsContract Type: Professional ServiceContract Period: See above comments

Ø Contract Modification Information:

Modification Amount: See above commentsModification Type: Professional ServiceModification Period: See above comments

Ø Solicitation-Related Information:

Solicitations Sent: Responses Received:HUB Information: % HUB Subcontractor:

Ø Special Contract Considerations:

Award has been protested; Award is not to the lowest bidder; Comments:

Ø Funding Information: Purchase Requisition in H.T.E.: To be entered after new budget is

established Funding Account(s): A) Contract No. PS030055EF 001-5861-611-6018B) Contract No. PS110003EC 001-5891-611-6294C) Contract No. PS070215RE 001-5891-611-6294 Comments:

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Travis County Commissioners Court Agenda Request

Meeting Date: September 27, 2011 Prepared By: Michael Hettenhausen Phone #: 854-7563 Division Director/M~!n.Division Director-Development Services

Department Head: Stev n M. anilla, ~.E., County Executive-TNR Sponsoring Court Member: Commissioner Huber, Precinct Three

AGENDA LANGUAGE: Consider and take appropriate action on a request for a total plat vacation of the Mason Estates subdivision plat in Precinct Three.

BACKGROUND/SUMMARY OF REQUEST: The owner of the Mason Estates subdivision, William Mason, has applied through Travis County for a total plat vacation of the Mason Estates subdivision.

STAFF RECOMMENDATIONS: Staff has reviewed the application, cleared all comments, and supports the vacation.

ISSUES AND OPPORTUNITIES: A sign was posted on the subject property on September 2, 2011, announcing the date, time, and location of the public hearing. Since the sign was posted, staff has received three phone calls from adjacent property owners who requested more information but did not object to the plat vacation.

FISCAL IMPACT AND SOURCE OF FUNDING: None.

ATTACHMENTS/EXHIBITS: Precinct map Location map Approved plat to be vacated Vacation order Affidavit of public notice sign posting Photos of public notice sign

REQUIRED AUTHORIZATIONS:

Cynthia McDonald Financial Manager TNR 854-4239 Steve Manilla County Executive TNR 854-9429

Item 23Updated 9/22/11, 3:40 p.m.

cc:

1---­MH:AB:mh 1101 • Development Services·

Updated 9/22/11, 3:40 p.m.

Updated 8/18/11, 3:15 p.m.

r:> Legend / , -..........

~ ..---·-·1 -- 'State Maintained

./ .",. ~~I,

WILLIAMSON COUNTY --- Park Road

f/ ~/ '--1..:':.' _ '.. ~~~~~ ... Incorporated-. ~' .,_/ do' J I

."PJlTIi.!Po I:!~: ..... Travis County Maintained I<, / \\ •. fi I " \\~, ' I

"-.j Not Maintained ) ~_"_"'" ,'~ ,'. ·"'r.j:: .~..:" J~" , .~- Private.\./ ii . '-'~~' '. : t f I:·, ,/" ~ ......r ~j~'>_: I / -'~ \I I, 1.'( . I' II Rejection 01DedicatiOn "--" /" tjIPf/.:r-'')\ .. JJ-....".r"r-( ""'- ..... 11...:1 ,', ,\\' ­I " :s' I - "-.,'~''-'_~'.,,, ,1 .l:ff -.. ~ ~..

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I ! -,i '.c. I.­

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A._~f;f~~>~ .. ,

'-'IlopO"clllm<lr ThIS map ...on CJII!i11<1d to snow apprOJ:lmate loCa~orli. 01C"meltntll

of lecorq ,n Trll'o'ia County The datil&. Travis County Roadways,prOVided ··a. I" ~I~ no warrantl•• 0' any IQlld.

Travis County Location Map-

Soulu(al' CItyat Au,~n R.aadl· COA2010, Urincorporated RtMlo.· Tr.vilo county JanualY 2010. Tall Roaer.1/arioUl sources. Crults· NHD 2005. P.dr.1 - Trlll"'l. County 2009, C4Ime«erf8!ll. Tfil'o'iSCounty data 2010.

----._--~ ..".. ,,~,

tw·-'l~'<;1\{ .. ~J~

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Mlip PrePlf.d bv:Tr...... County,a.pI.. 01Trampor1alion&.HaliK_I

I I I R.ourcel Date' 3I22a01, Miles

o 1

Updated 9/22/11, 3:40 p.m.

Updated 8/18/11, 3:15 p.m.

LOCATOR MAP NOT TO SCALE

14-3'\

SITE

.. r

Updated 9/22/11, 3:40 p.m.

I

Updated 8/18/11, 3:15 p.m.

PJJOTo<~n1\~.ttIC IiYl,o).!l

o""EIl: ~"WAM W. WilSON

LOCATOR J.4AP NOTTO SCAlE

n

J

lOTAl. OF_ LOTS I'llR OH£ SlHQ{ F-.Y lJlllEJJ.IN'l EAQt

AREA. OF LOT 1 1~2G7 SQ Fl MEA r;i' LOT ~ 1Z:U74.~SQ:...:..n_--,-.,.,--_

TOTAl. SUBDII'ISIOIO ORO, =.'>71 50 IT

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mOllAS P. DlX<J< R.PLS. 1432' wATERlOOSUfilYEYOAS. tHe. ra: BOX 1801:78 AUSllH, tEXAS 711718 PtfONE: "'1-9''''

.MAS'ON ESTATES

FOUNO IlDN RCD fOUND 1· lOON PIPE SU IRON RDil SUR>£Y llI!

LOT 2 BLOCK A

FAWLY TRUST OF RANl7AU. D. CAIlLSON ""0 SlI2AlIN£ DEGROOT CARLSOt< 744· JACI<SOII ST. FAIMfiD, CA 84033 8S:Of AC 12105118<43 -­

fEUI N!>1ES

mID NOlES FOR L3I AaIElt r:I lNIO auT CF 1H!: 1'EXotIS C911IIAL. RAI,JtOAD0__ SIJltIlE'l' NO. 1~ AI!S1IliMor ~. II ""\!S 0CI0Il1'r'. _ .....~

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WA TERLOO 5URV£YORS INC. PO 80X J,!10176 AllSilN. 'TEXAS 7B716-0716 Phone: 512-<4"81-9602 www.wolorloosl/NOyoro.com

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IE:IHHIIG ~ ••• Iron Jllpe fauad ana th_ t.£. eomer of Lat 11 and u•• S.W. oat".Of lut IC, RED WAGQN RANaitT'TES SEC710M -t-, 0 &Ibclwl'~ fc'l TRrVloI Cotlnly, TaJIQ. nGDl'dhg to 'h. mCJp or pIal u..... rKci'ded In. BoeHl 13. Pc" &44 Pial RlICord.. Trawtl Count)'. Tsos, fat th. ,,-w.Donn.. hl;l'llClr;

lHENCE N S737'OO" E a!Dftg lh_ .out)! 0,. of Lal 10' fer 0 d15tDnCII of 507.12 tnt hi d 1" ~Qn plp. found for lhe N.E. ~a"*, h.-.ar;

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lHENCE N ao~"'1'Z8" W I~vt"i .ibid R.Q.W. 'of ~ chtmca ot 2\t1.B~ ,..t ID 0 1- pip.. l'ound flll" Q~" tUftot,

TKDtCEN J117·~· w lor 0 dl'sla\c:e D' 373.~ feet to the: PQIH't 01" DtGI~~c;: 1:'Dn1~'il 8.38 &taU D' (~

PAGE: 2 OF 2

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{)f}Q5

HASOAl ESTATES

STA.TE OFTEXAI: COU/m'OfTR.\VlS;

STAT&OfTacM: COUN1YOIl'''''''Yl8:

III1'llRl!.... ntE UNllEMlGNEOAllTHORITY, ONTItISDAYPUIOIW.LY~ WLLW.!".MOSCW,ICNOWNTOMTli&PEJlllOKORJ.GSlT__IIIUlIICIll_TOTliE_HGlNSTRUlleNT,ANOACKHOWL!l:IClEOTOMI!TtlAT HEEX5CUTEDTO__1IlI!PlJ__ ~DERAl1ONO

TliEJlEIN EXPREnm AND INTliECAl'NXIYHl!JEI/OTATED.

GIYEHl.fIl)ER1IY1WlO AND SEAl OF OfFUTHIOl>E ~""y~-hA.1 "'~A.o.. NOTARY PL8UC INAFOR1'R4VlS ~NlY, TEXAS. •

TIlAYIOCOOJlfTYOH..nW,osTSW"'TIIt_PlATIlO1U SUllOMOIONSUTIU2II<GClH-'lITE WA8TIIWA_lSYSm!I

1. NO8"IlnJCTUft!INlHlS auacrvlSlON 3.-w.L. ~ LtITIl 00NNEC1EDTOA PUBUt: lI!'I"ER 8'ta"l1iMeMA PRJlIAT15 O.....TE 8EWACft.DJlFIIOIAL. SYS1'&J,I" MGCHt"'-S IIIN APP*'WO BYlHE _ .... COUNTY ONoOlNWASI1iW...T&I_

z. NOSTI'tUC'I'\IRE 8tW.L IE OCCUPIUJ UNnL.~10 A.POTABl.EWA'Tf.R SUPPLY 'fIOUN4 ~PU8UCWA'TI!If: SY1JTEM.

3. NOQH.811'E S/E,WAGE.. DI8P08Al. eYSTEM""Y BEINSTALLEOM11IN"FEETOFA PRIVATE WATER WElL =~QoI.wrEWNmHtA1PDfSP,OSAL8't"I1'B(8lwsrALLEDMIlVN1S1FEETOf"'PlBJC

.. ,,NOCXWSTIlUC1lON_MAV IlIEGlN 011JW( lDT INT>!IS SUlIlI\llSlCflUf<T1I. PI.AJ<S RlR '!HEPRN...lE CJtl.5lTE 8&WA8E OISP'QIW.fI't..,....ARi8U..TTEtTOAHD~nTlETM\I\EI ea..tnY O~

I. AU.ctVm.OPMINTOl ALLLOTSINm.IUIOMIlONl4U8T.INACCOftIWICEWm<_............ ~ 0I'11!XA1 ADIoINIStlIA1M! COOI!c:IIAl'I!Illll__'JlICOlMYCOOl OIAPT£R."

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7. LDT'IIN THISIWIIIVlSlON M!. UMn'EJTO 0Pe1lHGLl'P'AMLY JIItIII)IJ«:IONLY.

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DANA ~t.NOtR, OOlHlY ClERK TRAVIS COUHlY.1EXAS

DEPl/JY

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_ II'A7ERLOO 5URV£YORS INC. PO BOX 160176

S AUSTIN. TtXAS 78716-0716 PhOl1<: 512-461 -9602

• 'IIWW. wotllrlOOS\,.lrveyors.com SUBMITTAl. DATE: l'"ebruClry fl. 2007 9866A PAGE: 1 01'" 2

Updated 9/22/11, 3:40 p.m.

Updated 8/18111,3:15 p.m.

VACATION INSTRUMENT

TOTAL VACATION OF MASON ESTATES

THE STATE OF TEXAS

COUNTY OF TRAVIS

WHEREAS William W. Mason ("Proprietor") is the owner of all the real property included in Lot 1 and 2 of Block A of Mason Estates, a subdivision located in Travis County, Texas of which is recorded in Document Number 200700095 of the Official Records of Travis County, Texas, (the "Plat"), and whereas said lots comprise all of the land encompassed by the Plat; and

WHEREAS, Proprietor now wishes to vacate Lot 1 and 2 of Block A of the Plat in accordance with the procedures set forth in Sections 212.013 and 232.008 of the Texas Local Government 'Code

NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS: That Proprietor does hereby declare that, subject to the approval by the Travis County Commissioners Court, Lots 1 and 2 of Block A of said subdivision are vacated. It is i.nderstood that this action will in no way affect other lots of said subdivision.

Updated 9/22/11, 3:40 p.m.

Updated 8/18/11, 3:15 p.m.

---tE. .~ EXECUTED this <R2 -day of V LJI/Y . 2OiL

~~ WiJliam W Mason, Owner Lots 1 and 2 Block A Mason Estates, Owner's Property

THE STATE OF TEXAS

COUNTY OF \..D \\ \ \At'Yl6C0

Before me, the undersigned authority, a Notary Public for the State of Texas, on this day personally appeared Owner 1 Name, known to me to be the person whose name is subscribed to in the foregoing instrument of writing, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in capacity therein stated.

Given nder my hand and seal of office. this thea:; day of JUll{-. 20~.

IRMA AVILES ~~ NOTARV PUBLIC

• ,JIi(.J ." State ofTllllaS Comm. E~p. 0911~/2013

My Commission Expires: ot \tili_O.::.....:....;l3=-- _ e............. ,.....

Updated 9/22/11, 3:40 p.m.

Updated 8/18/11, 3:15 p.m.

Approval of Total Plat Vacation

STATE OF TEXAS

COUNTY OF TRAVIS

On " 20_, the Travis County Commissioners Court approved the toial vacation of the subdivision known as Mason Estates, as described above.

EXECUTED, this day of , 20__

Dana Debeauvoir, County Clerk Travis County, Texas

By: C3puty

Return to: Travis County TNR Attention: Michael Hettenhausen P.O. Box 1748 Austin, TX 78767

Updated 9/22/11, 3:40 p.m.

Development Services Fax;51285d4649 Aug 22 2011 11;08am P003/005

' ''/ '~ '' ... .~• TtJR

TRANSPORTATION AND NATURAL RESOURCES STBVEN M. MANrLLA, P.E., COUNTY EXECUTrVE 411 West Btn Street Executive Office Building P.O. BOlt 1748 Austill, Texas 78767 tel 51.2-854-9383 fax 512-854-4649

AFFIDAVIT OF POSTING

TO: County Judge County Commissioners Travis County, Texas

A Public Notice of a plat vacation sign was posted on ~-ftWL ~ ~;A , 201 ] , at a point as near as practical to the area being vacated and was also posted at the Travis County Courthouse.

7 ,2011.

cc: Garcia (sign shop) M:\PERMITS\SUBDIVN\Subdivisio!l Review\Mason Estates Vacation\Work Request \or Sign Posting.doc

Updated 9/22/11, 3:40 p.m.

Updated 9/22/11, 3:40 p.m.

Updated 9/22/11, 3:40 p.m.

Travis County Commissioners Court Agenda Request

Meeting Date: September 27, 2011 Prepared By: Darla Vasterling Phone #: 854-7564 Division Director/Mana~er: Stacey Scheffel, CFM, Floodplain Manager

/t,- /2 ~:/ -C: (_.. v~ l./~ ,I ~ i (-ljY""""'''-­

Department Head: Steven M. Mani ,P.E., County Executive-TNR Sponsoring Court Member: Commissioner Huber, Precinct Three

AGENDA LANGUAGE: Notify Commissioners Court of the satisfactory completion of construction of the private steets in River Dance Phase 5, in Precinct Three.

BACKGROUND/SUMMARY OF REQUEST: This subdivision was recorded on September 13, 2006. All items required for Approval of Construction have been received, including the documents showing that this subdivision is added to the Master Declaration of Covenants, Conditions, and Restrictions, as recorded in Volume 13008 Page 756 in the Real Property Records of Travis County, Texas, and as amended at Doc. 2005126894 in the Official Public Records of Travis County, Texas, showing that there is a body in place to take over maintenance of the private streets.

STAFF RECOMMENDATIONS: According to Standards for Construction of Streets and Drainage in Subdivisions [§82.401(c)(2)] adopted by Travis County Commissioner's Court August 28, 1997, the Executive Manager will notify the Commissioners Court of the satisfactory construction of private improvements. Upon approval of the private improvements, the Executive Manager will release the security for the private improvements. TNR recommends approval of this item.

ISSUES AND OPPORTUNITIES: After this is approved, the developer can request the release of the balance of the fiscal which he posted.

FISCAL IMPACT AND SOURCE OF FUNDING: None

ATTACHMENTS/EXHIBITS: Construction acceptance (2) Requirements (2)

Item 24Updated 9/22/11, 3:40 p.m.

Page 2

Statement from HOA Certificate of Incorporation Document adding River Dance 5 Map

REQUIRED AUTHORIZATIONS:

Cynthia McDonald Financial Manager TI\lR 854-4239 Steve Manilla County Executive TI\lR 854-9429 Stacey Scheffel CFM, Floodplain

Manager TNR 854-7565

cc.

1---­DV:SS:dv 1101 • Development Services·

Updated 9/22/11, 3:40 p.m.

TRANSPORTATION AND NATURAL RESOURCES

JOSEPH P. GIESELMAN, EXECUTIVE MANAGER

411 West 13th Street Executive Office Building PO Box 1748 Austin, Texas 78767 (512) 854-9383 FAX (512) 854-4649

River Dance Phase S-Construction Phase A REQUIREMENTS FOR APPROVAL OF CONSTRUCTION

PRIVATE STREET SUBDIVISIONS PER STANDARDS FOR CONSTRUCTION OF STREETS AND DRAINAGE IN SUBDIVISIONS - AUGUST 28,1997

10/19/09 1. Professional Engineer's certification of quantities of work completed (Engineer's Concurrence Letter). § 82.401(c)(1)(A) § 82.604(c)(2)

1/22/10 2. Construction Summary Report, signed by COA inspector. § 82.604(c)(l)

10/15/09 3. Contractor's (signed) invoice or receipt of payment for work completed. §82.401(a)(l)(B) (not 100%)

7/21/09 4. Reproducible Plans, certified as "Record Drawings", by the Owner's Consulting Engineer [§ 82.604(c)(3)] including a Signage and Striping Plan [§82.303] and accompanying Stop Sign Warrant sheet for each sign.

NA 5. If applicable, a copy of the Conditional Letter of Map Amendment or Revision from FEMA to begin Performance Period and the completed Letter of Map Revision (LOMR) to accept streets for maintenance. § 82.604(c)(5)

10/19/09 6. A TNR inspection report, indicating the completion of that portion of the work represented by the reduction of fiscal (streets and drainage, including detention ponds and common area sidewalks and traffic control devices shown on the approved traffic control plan). § 82.401(c)(1)(C)

2/18/1 0 7. Approval of other agencies - cities, if in their ETJ; Municipal or other Utility Districts

8/26/11 *8. The Certificate ofIncorporation of the Homeowners Association filed with the Texas Secretary of State

5/31/06 *9. A recorded copy of the Declaration of Covenants, Conditions, and Restrictions, showing the responsibility of the homeowners association to maintain the streets and drainage, recorded in the Real Property Records of Travis County

* These two items are in lieu of warranty bond, sidewalk fiscal posting and ADA statement.

Updated 9/22/11, 3:40 p.m.

:~ECIe:'V"L .""'f.•~ .#h E(.i

DCT 2120US

TRANSPORTATION AND NATURAL RESOURCES JOSEPH P. GIESELMAN, EXECUTIVE MANAGER

411 West 13th Street Executive Office Building P.O. Box 1748 Austin, Texas 78767 tel 512-854-9383 fax 512-854-4649

CONSTRUCTION ACCEPTANCE - CONDITIONAL PRIVATE STREET SUBDIVISION

DATE: October 19, 2009

TO: Developer Engineer Taylor Woodrow Communities/ Bury + Partners Steiner Ranch, LLC 221 West Sixth St., #600 805 Las Cimas Parkway, #350 Austin, TX 78701 Austin, TX 78746 Fax: 328-0325 Fax: 328-7988

SUBJECT: River Dance Phase 5 Construction Phase A

Effective this date, streets and/or drainage construction within this Private Street subdivision, appears to be in conformance with the Permitted Construction Documents. The streets of this subdivision will not be accepted for maintenance by Travis County but will be released to the homeowners association for maintenance, after all of the streets have been completed.

When the Developer has furnished to Travis County all of the documents in the "Requirements for Approval of Construction - Private Street Subdivisions" (attached), the Executive Manager of Transportation and Natural Resources Department will notify the Commissioners Court of the satisfactory completion of the private streets. Upon approval of the private Improvements, the Executive Manager will fully release the Security for the private Improvements.

OTHER REMARKS: See attached "Requirements for Approval of Construction - Private Streets"

(/t~' . I J\n·(\ 1 t-: BY:· /c\ L\.;\S>..c'S-.-- \v ~. ~ l! \J~/l.tt"'lCJ

TNR Construction Inspector - Patricia Moreno

1102 Fiscal File 1105 Subdivision File

Updated 9/22/11, 3:40 p.m.

TRANSPORTATION AND NATURAL RESOURCES

STEVEN M. MANILLA, P.E., EXECUTIVE MANAGER

411 West 13th Street Executive Office Building PO Box 1748 Austin, Texas 78767 Phone: (512) 854-9383 Fax: (512) 854-4697

River Dance Phase 5-Construction Phase B

REQUIREMENTS FOR APPROVAL OF CONSTRUCTION PRIVATE STREET SUBDIVISIONS PER STANDARDS FOR CONSTRUCTION OF

STREETS AND DRAINAGE IN SUBDIVISIONS - AUGUST 28, 1997

8/26/11 1. Professional Engineer's certification of quantities of work completed (Engineer's Concurrence Letter). § 82.401(c)(1)(A) § 82.604(c)(2)

8/26/11 2. Construction Summary Report, signed by COA inspector. § 82.604(c)(1)

8/26/11 3. Contractor's (signed) invoice or receipt of payment for work completed. §82.401(a)(1)(B) (not 100%)

1/28/11 4. Reproducible Plans, certified as "Record Drawings", by the Owner's Consulting Engineer [§ 82.604(c)(3)] including a Signage and Striping Plan [§82.303] and accompanying Stop Sign Warrant sheet for each sign.

NA 5. If applicable, a copy of the Conditional Letter of Map Amendment or Revision from FEMA to begin Performance Period and the completed Letter of Map Revision (LOMR) to accept streets for maintenance. § 82.604(c)(5)

5/6/11 6. A TNR inspection report, indicating the completion of that portion of the work represented by the reduction of fiscal (streets and drainage, including detention ponds and common area sidewalks and traffic control devices shown on the approved traffic control plan). § 82.401(c)(1)(C)

8/26/11 7. Approval of other agencies - cities, ifin their ETJ; Municipal or other Utility Districts

8/26/11 *8. The Certificate of Incorporation of the Homeowners Association filed with the Texas Secretary of State

5/31/06 *9. A recorded copy of the Declaration of Covenants, Conditions, and Restrictions, showing the responsibility of the homeowners association to maintain the streets and drainage, recorded in the Real Property Records of Travis County

* These two items are in lieu of warranty bond, sidewalk fiscal posting and ADA statement.

Updated 9/22/11, 3:40 p.m.

TRANSPORTATION AND NATURAL RESOURCES

STEVEN M. MANILLA, P.E., COUNTY EXECUTIVE

411 West 13th Street Executive Office Building PO Box 1748 Austin, Texas 78767 Phone: (512) 854-9383 Fax: (512) 854-4697

CONSTRUCTION ACCEPTANCE AND RECOMMENDATION FOR FISCAL RELEASE -PRIVATE STREET SUBDIVISION

DATE:

TO: Developer Engineer Taylor Morrison, Inc. Loomis Austin Taylor Woodrow Andrew S. Hollon 805 Las Cimas Parkway, Suite 350 221 West Sixth, #600 Austin, TX 78746 Austin, TX 78701 Fax: 579-2234 Fax: 328-0325

SUBJECT: River Dance Phase 5

Effective this date, street and drainage construction within this Private Street Subdivision appears to be in conformance with approved Construction Documents. When all non-construction documents have been received, the fiscal will be released. This subdivision will not be Accepted for Maintenance by Travis County, but will be turned over to the homeowners association for maintenance.

OTHER REMARKS:

Furnish all Items listed on Requirements list, attached.

C7~!Z-/------­BY: -----'-""------4.''---------=----=------­Charles Allen, TNR Construction Inspector

Darla Vasterling,TNR Engineering Spe ialist - Fiscal

1102 Fiscal File 1105 Subdivision File

Updated 9/22/11, 3:40 p.m.

Polly Hagerty

From: Scott Selman [[email protected]] Sent: Monday, August 15, 2011 3:28 PM To: Polly Hagerty Subject: Riverdance 58 Attachments: Articles of Incorporation.pdf

Polly,

I have attached the Certificate of Incorporation for the Steiner Ranch Master Association. The Steiner Ranch HOAwill be taking full responsibility for the maintenance of the streets in Santa Luz (Riverdance SB) now that the construction has been completed.

Please let me know if you need anything else at all.

Best Regards,

Scott

'icott Selman. PCAM Steinev H..anch Communitv Associations 12:;50 Country Trails Lone p~ ustin. '1"')'( 787::;2 ()ffice 512-266-75 5 ~.;

1

Updated 9/22/11, 3:40 p.m.

mIte ~tafe of ruJrx8s

cirrrrtaf1l of ~tatr

ISSUANCE ~JF TplS CCkT1FICATE OF INCORPORATION DOfS kOT AUTHORIZE

-_ _---_._~.q~_.~-_._ _---­Antonio 0 Garza. Jr., Secretary of State

Updated 9/22/11, 3:40 p.m.

//11111/11/111/1/111/11//11/1/11/11/11/11//1/1/1111111111111 0THER 2006177885 4 PGS

AFTER RECORDING RETU~O:( r;UJ 9>~V

Robert D. Burt , sq. +-{ LJY\.... • Armbrust rown, L.L.P'Pc-(9. .Q..;9--' -; ~..Sl,,{( 100C greSSAve"SUite130~V"2~~(YlfLVb+ ~ .

stin, Texas 78701 00CV 0 r-: ~~~ t~ T<f='-rr

STEINER RANCH [RIVER DANCE, PHASE 5]

NOTICE OF APPLICABILITY

Cross reference to Master Declaration of Covenants. Conditions and Restrictions for Steiner Ranch. recorded as Volume 13008,Page 756,et. seq., in the Official Public Records of Travis County, Texas, as amended by that certain Amendment to Master Declaration of Covenants. Conditions and Restrictions Steiner Ranch, recorded as Document No. 2000143255, in the Official Public Records of Travis County, Texas, that certain Second Amendment to Master Declaration of Covenants. Conditions and Restrictions Steiner Ranch. recorded as Document No. 2002057508, in the Official Records of Travis County, Texas, that certain Third Amendment to Master Declaration of Covenants. Conditions and Restrictions Steiner Ranch. recorded as Document No. 2004027474, in the Official Public Records of Travis County, Texas, that certain Fourth Amendment to Master Declaration of Covenants, Condi tions and Restrictions Steiner Ranch, recorded as Document No. 2004036580, in the Official Public Records of Travis County, Texas, that certain Fifth Amendment to Master Declaration of Covenants. Conditions and Restrictions Steiner Ranch. recorded as Document 2004092278, in the OfficialPublic Records of Travis County, Texas, that certain Sixth Amendment to Master Declaration of Covenants, Conditions and Restrictions Steiner Ranch, recorded as Document No. 2005091740 in the Official Public Records of Travis County, Texas, that certain Seventh Amendment to Master Declaration of Covenants, Conditions and Restrictions Steiner Ranch, recorded as Document No. 2005163691 in the Official Public Records of Travis County, Texas, that certain Eighth Amendment to Master Declaration of Covenants. Conditions and Restrictions Steiner Ranch, recorded as Document No. 2005231870 in the Official Public Records of Travis County, Texas, that certain Ninth Amendment to Master Declaration of Covenants, Conditions and Restrictions Steiner Ranch. recorded as Document No. 2006019332 in the Official Public Records of Travis County, Texas

240965-2 05/30/2006

Updated 9/22/11, 3:40 p.m.

NOTICE OF APPLICABILITY OF MASTER DECLARATION OF COVENANTS, CONDITIONS

AND RESTRICTIONS FOR STEINER RANCH [RIVER DANCE, PHASE 5]

This Notice of Applicability of Master Declaration of Covenants, Conditions, and Restrictions For Steiner Ranch [River Dance, Phase 5] is made and executed by TA nOR WOODROW COMMUNITIES/STEINER RANCH, LID., a Texas limited partnership ("Declarant") and is as follows:

R EC IT A L S:

1. Applicability of Master Declaration. This Notice of Applicability is filed with respect to Lots 1 through 50, Block Rand 1 through 39, Block Sin Steiner Ranch, River Dance, Phase :2, a subdivision located in Travis County, Texas ("River Dance, Phase 5"), according to the map or plat recorded as Document No. , Official Public Records of Travis County, Texas (the "Property"). Pursuant to that certain Master Declaration of Covenants, Conditions and Restrictions for Steiner Ranch, recorded as Volume 13008, Page 756, et. seq., in the Official Public Records of Travis County, Texas, as amended by that certain Amendment to Master Declaration of Covenants, Conditions and Restrictions Steiner Ranch, recorded as Document No. 2000143255, in the Official Public Records of Travis County, Texas, that certain Second Amendment to Master Declaration of Covenants, Conditions and Restrictions Steiner Ranch, recorder! as Document No. 2002057508, in [he Official Records of Travis County, Texas, that certain Thud Amendment to Master Declaration of Covenants, Conditions and Restrictions Steiner Ranch, recorded as Document No. 2004027474, in the Official Public Records of Travis County, Texas, that certain Fourth Amendment to Master Declaration of Covenants, Conditions and Restrictions Steiner Ranch, recorded as Document No. 2004036580, in the Official Public Records of Travis County, Texas, that certain Fifth Amendment to Master Declaration of Covenants, Conditions and Restrictions Steiner Ranch, recorded as Document 2004092278, in the Official Public Records of Travis County, Texas, tha t certain Sixth Amendment to Master Declaration of Covenants, Conditions and Restrictions Steiner Ranch, recorded as Document No. 2005091740 in the Official Public Records of Travis County, Texas, that certain Seventh Amendment to Master Declaration of Covenants, Conditions and Restrictions Steiner Ranch, recorded as Document No. 2005163691 in the Official Public Records of Travis County, Texas, that certain Eighth Amendment to Master Declaration of Covenants, Conditions and Restrictions Steiner Ranch, recorded as Document No. 2005231870 in the Official Public Records of Travis County, Texas, that certain Ninth Amendment to Master Declaration of Covenants, Conditions and Restrictions Steiner Ranch, recorded as Document No. 2006019332 in the Official Public Records of Travis County, Texas (collectively, the "Master Declaration"), Declarant served notice that portions of the property described on Exhibit"A" to the Master Declaration, upon the filing of appropriate notices of applicability from time to time, may be made a part of the Development and thereby fully subjected to the terms, covenants, conditions, restrictions, reservations, easements, servitudes, liens and charges of the Master Declaration.

240965-205130/2006

Updated 9/22/11, 3:40 p.m.

2. Property IncOll'0rated Into Development. The provisions of the Master Declaration shall apply to the Property. The Property is hereby included within and made a part of the Development, and is hereby subjected to the terms, covenants, conditions, restrictions, reservations, easements, servitudes, liens and charges of the Master Declaration.

3. Designation of Limited Common Area. Pursuant to Article I of the Master Declaration, the Declarant hereby designates Lot 43 in River Dance, Phase 5, which includes "Zen Gardens Way" and "Santaluz Path", private roadways located within the Property (the "Private Roadways") and any security access gates for ingress and egress to and from the Property (the "Gates"), as Limited Common Area (as such term is defined in the Master Declaration). Additionally, Declarant designates the following as Limited Common Area:

(i) Toint Use Driveway Easement, recorded as Document NR'o0L, /71~ Official Public Records of Travis County, Texas. ~Q ~f liW'D

(ii) Toint Use Driveway Easement, recorded as Document ~@y 1:11 ~~ Official Public Records of Travis County, Texas. t7"00Lt ( l-'V'f~

(iii) [oint Use Driveway Easement, recorded as Document ~Qltl"7'7~ Official Public Records of Travis County, Texas. ~ 0 () le.l (~r

All Limited Common P,rea described in this Paragraph 3 are referred to herein collect; ely as the "Designated Limited COL1Mon Area".

All Owners within the Property, SAVEAND EXCEPTLot 51, Block R, Lot40,BlockSand Lot 42, Block S in River Dance, Phase 5, shall be assessed for the estimated cost and expense necessary to maintain, repair, and manage the Designated Limited Common Area in accordance with Section 5.03A of the Master Declaration. As provided in the Master Declaration, the Designated Limited Common Area may be conveyed by the Association to a Development Area Association created for the Benefited Property; provided, that: (i) such Development Area Association assumes all the obligations associated with the maintenance and ownership of the Designated Limited Common Area; and (ii) the Development Area Association has the authority and will exercise such authority to levy assessments against the Owners of the Benefited Property for the cost of such maintenance and ownership.

4. Miscellaneous. This notice constitutes a notice of applicability under Section 9.05 of the Master Declaration. Any capitalized terms used and not otherwise defined in this notice shall have the meanings set forth in the Master Declaration.

EXECUTED to be effective as 01 the ~ay 01 ~ ,2006.

240965-205/30/2006

Updated 9/22/11, 3:40 p.m.

DECLARANT:

TAYLOR WOODROW COMMUNITIES/ STEINER RANCH, LTD., a Texas limited partnership

By: TWC/Steiner Ranch, LLC., a Texas limited liability company, Its Gene Partner

By:_---.:~~:::.....:::..::::.....---=:::::::===---

Ja

THE STATE OF TEXAS § §

COUNTY OF TRAVIS §

~ This instrument as executed before me on thiS,3L day of an. ~ .2006, by

James D. Plasek, Vice-President of TWC/Steiner Ranch, L.L.c., a Texas limited . bility company, General Partner of Taylor Woodrow Communities/Steiner Ranch, Ltd., a Texas limited partnership, on behalf of said limited liability company and limited partnership.

~/ Watershed Protection and

Development Review Recorders Memorandum-Atlhc time of recordation505 Barton Springs, 4th Floor this instrument was found to be inadequate lor the best

Austin, Texas 78704 reproduction. because or illegibility. carbon or photocopy. discolored paper. etc. All blackouts. additions and changes were present at the time the instrument was tiled and recorded.

FILED AND RECORDED

TRISH LEE NotaryPublic. Stateof Texas

MyCommission Expires September 06. 2006

(sea

OFFICIA~ PUB~IC RECORDS ~

2006 Sep 13 02: 21 PI'! 2006maas BENAVIDESV $2&.ee

DANA DEBEAUVOIR COUNTY CLERK TRAVIS COUNTY TEXAS

240965-2 05/30/2006

Updated 9/22/11, 3:40 p.m.

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Travis County Commissioners Court Agenda Request

Meeting Date: September 27, 2011 Prepared By: Daniel Perry Phone #: 263-9114 Division Director/Ma er: har ergh, Division Director-Parks

Department Head: Steven M. Man ,P.E., County Executive-TNR Sponsoring Court Member: Commissioner Huber, Precinct Three

AGENDA LANGUAGE: Consider and take appropriate action regarding a License Agreement with Xxtra Mile, LLC for the bicycle portion of the Trek Women's Triathlon at Pace Bend Park in Precinct Three.

BACKGROUND/SUMMARY OF REQUEST: Pace Bend Park has long been a desired location for numerous sporting events due to the size and diversity of the park as well its location on Lake Travis. The loop road consisting of the portion of Pace Bend Park Road within the park and Grisham Trail offers a challenging bicycle course due to the variations in topography and length.

Xxtra Mile, LLC is requesting to use Pace Bend Park on Sunday, October 2, 2011 to host the bicycle portion of the Trek Women's Triathlon. The Xxtra Mile, LLC is not requesting exclusive use of the park, therefore, no special use fees will be charged. However, all event participants, vendors, sponsors and volunteers will pay the regular applicable daily park entrance fees. The Licensee will establish a fixed staging and finish area and will be responsible for setup and dismantling of any tents or other structures associated with the race at the Highland Lakes Conference Center. All participants will park in pre-approved designated areas located wlthln the Highland Lakes Conference Center. The swim and run portion of this triathlon will take place at the Highland Lakes Conference Center. Only the bicycle portion will be held on Pace Bend Park Road (within Pace Bend Park) and Grisham Trail.

The Trek Women's Triathlon is an annual event sponsored by Xxtra Mile, L.L.C., an women', active lifestyle company. The Trek Women's Triathlon Series was created in 2008 as an offshoot of the Danskin Women's Triathlon Series. The Danskin Triathlon was held at Pace Bend Park and Camp Chatauqua in 1995, 1996, and 1997.

The race organizers state that approximately 500 participants will take part in this year's event as well as approximately 100 spectators. In addition, The Licensee has added Travis County as an Additional Insured for this race.

Item 25Updated 9/22/11, 3:40 p.m.

STAFF RECOMMENDATIONS: Staff recommends approval of this licensing agreement.

ISSUES AND OPPORTUNITIES: The race is scheduled to start at approximately 9:00 AM and will conclude no later than 3:00 PM on Sunday, October 2, 2011. This time frame will not significantly impact regular daily park visitation or visitor activities. The organizers have scheduled volunteers to be stationed at all pavement intersections in order to safely control vehicular traffic on the pavement during the race.

FISCAL IMPACT AND SOURCE OF FUNDING: All vehicles being brought into the park for purposes associated with this the licensing activities will be charged regular per vehicle daily park entrance fees.

ATTACHMENTS/EXHIBITS: Licence Agreement Special Event Checklist Park Map Copy of Insurance

REQUIRED AUTHORIZATIONS:

Cynthia McDonald Financial Manager TNR 854-4239 Steve Manilla County Executive TNR 854-9429 Roxanne Bonner Asst. County Attorney County Attorney 854-9415 Charles Bergh Division Manager Parks 854-9408 Jon Hill Event Director Xxtra Mile, LLC 771-4609

cc. Daniel Chapman Chief Park Ranger Parks 263-9114 Daniel Perry District Park Manager Parks 263-9114 Keith Rawlings Park Supervisor Parks 264-3951

0101 - Administrative·

Updated 9/22/11, 3:40 p.m.

LICENSE AGREEMENT

STATE OFTEXAS § §

COUNTY OFTRAVIS §

This License Agreement (this "Agreement") is made and entered into by and between Travis County, Texas, a political subdivision of the State of Texas ("County") and Xxtra Mile, LLC ("Licensee"), a women's active lifestyle company.

WITNESSETH

THAT WHEREAS, Licensee desires to use certain property located in that park known as Travis County Pace Bend Park (the "County Park") for the purpose of holding Licensee's "Trek Women Triathlon" (the "Event"), and County desires to allow Licensee use of the County Park for such purpose; and

WHEREAS, Licensee fully understands the fragile nature of the habitat of the County Park and intends to fully cooperate and take whatever steps are necessary to minimize all impacts upon the various habitats during Licensee's use of the County Park and to restore the County Park to its original condition after Licensee has completed the Event.

NOW, THEREFORE, County and Licensee, in consideration of the mutual promises herein expressed and the compensation herein agreed to be paid, covenant and agree to and with each other as follows:

1. GRANT OF LICENSE

1.1 County hereby grants a license to Licensee, its employees, agents, independent producers, contractors, and suppliers, to enter and use approved areas within the County Park in connection with the Event (the "License"). Approved areas include, specifically, the Highland Lakes Camp area as well as those roadways, trails, and park areas, together with their associated rights-of­way, shown on Exhibit A, attached hereto and made a part hereof for all purposes. The County Park will remain open to the public during the Event.

1.2 All publicity, promotion and distribution rights arising out of or in connection with the Event, including all exhibition, advertising and exploitation products or services created or produced in connection therewith, shall be the

Updated 9/22/11, 3:40 p.m.

sole property of Licensee, without exception and in perpetuity, and may be exploited in all media and markets and in all forms, whether known, unknown, or hereafter created. The License includes the right to bring onto the County Park and to utilize thereon personnel, personal property, materials and equipment during the term of the License, and the right to permit third-party vendors (event sponsors) to display and sell products, merchandise and novelties, including food and non-alcoholic beverages items, in designated (pre-approved) areas.

1.3 Licensee agrees to make no structural changes to the County Park. However, the License allows for superficial preparation to be made to the County Park to facilitate Licensee's Event needs, including: (a) temporary placement of trail signs and markings along race course, using materials pre-approved by County Park Rangers and staff; (b) preparatory trail maintenance; (c) pre-Event setup and staging activities; and (d) portable restrooms, as described below. Licensee agrees to leave the County Park in the same and as good a condition as when it was received, normal wear and tear excepted as determined by existing County parks policy.

1.4 Licensee acknowledges and agrees that Licensee shall be solely responsible at all times for the actions and the safety of those persons utilizing the County Park under this Agreement, including, without limitation, protecting such persons from injury or death and protecting County's property and the property of such persons from loss or damage.

1.5 Licensee agrees to use only designated parking areas, as determined by the Travis County Parks Division of the Transportation and Natural Resources Department ("the Parks Division") representative, to transport and park all vehicles and equipment brought into or onto the County Park by Licensee and its employees, agents, independent contractors and suppliers. At no time will Licensee be permitted to bring onto or into the County Park a number of vehicles that exceeds the capacity of the County Park parking lot, as determined by the Parks Division staff in its sole discretion.

1.6 During the License Term, as such term is defined below, Licensee agrees to take all reasonable measures to minimize noise and any other type of interference with or disruption of normal County Park business, including the use and enjoyment of the County Park by regular County Park visitors on those roadways or walkways that are not closed for purposes of the Event.

II. TERIVl OF LICENSE

2.1 The License is granted for one day: Sunday, October 2, 2011 (the "License Term'') beginning at approximately 9:00 a.m. and concluding at approximately 3:00 p.m. Licensee acknowledges and agrees that such date and

2

Updated 9/22/11, 3:40 p.m.

times are subject to postponement and/or rescheduling due to any cause or reason beyond the control of Licensee or as determined to be necessary by County.

III. PAYMENT TO COUNTY

3.1 In consideration of the License granted hereunder, Licensee shall provide, at its own expense, all utilities such as electricity, water, garbage removal and wastewater during Licensee's use of the County Park. In addition, all vehicles brought into the County Park for purposes authorized under this Agreement, and all persons entering the County Park for the purpose of conducting the licensed activities, will be charged, and Licensee will pay, prior to County Park entry, all normal and customary fees charged to the public ($3 per pedestrian/bicycle entering the County Park). Travis County Parks staff will maintain a tally of those persons entering the County Park on behalf of Licensee (including Licensee's officials, employees, independent contractors and volunteers) by accepting Licensee-issued vehicle vouchers (one voucher per vehicle), which shall be presented to Parks staff prior to County Park entry; upon conclusion of the Event, County will present an invoice to Licensee, which Licensee shall pay immediately.

3.2 During the License Term, Licensee shall provide, at its own additional expense:

(i) all utilities such as electricity, water and garbage management and removal (including the provision of additional dumpsters and trash pick-up);

(ii) a sufficient (as determined by the Parks Division) number of portable restrooms in the Licensed Areas so as to satisfy the restroom needs of anticipated Event participants, sponsors and attendees/spectators;

(iii) all traffic control devices, public notices, and signage determined to be necessary by Travis County Parks to aid in notifying the public of the Event, directing traffic and parking vehicles;

(iv) security through employment of Travis County Park Rangers, as reasonably necessary (to be solely determined by the Parks Division) to ensure the safety and integrity of the persons and property brought onto the County Park for the purposes authorized under this Agreement; and

(v) emergency medical personnel through employment of EMS System cleared medics who are certified in CPR and First Aid, as reasonably necessary (to be solely determined by the Parks Division) to ensure the safety and integrity of the persons and property brought onto the County Park for the purposes authorized under this Agreement.

3.3 With respect to any additional expenses incurred by County above the expenses set forth herein, County shall invoice Licensee for the actual costs

3

Updated 9/22/11, 3:40 p.m.

so incurred, and Licensee shall remit payment to County for the invoice amounts within thirty (30) days of receipt of invoice(s).

IV. PERMITS

4.1 Licensee shall be solely responsible for the costs and the securing of any permits required by the City of Austin, the Lower Colorado River Authority, or other governmental entities.

V. CONTROL OFTRAVIS COUNlY

5.1 Licensee and its agents shall at all times obey the direction and commands of the Executive IVlanager of the Travis County Transportation and Natural Resources Department, or his designees (including the Director of the Parks Division and any and all Travis County Park Rangers), while in the County Park.

5.2 Licensee agrees to attend a pre-site meeting with TNR representatives prior to commencement of the Event. Licensee shall be responsible for contacting Dan Perry, or other authorized Parks Division representative, in order to arrange a time and location for such pre-site meeting that is mutually agreeable to the parties.

5.3 Licensee and its agents shall at all times follow the Travis County Parks Rules, which TNR staff shall provide to Licensee prior to commencement of the activities licensed hereunder.

5.4 Licensee and its agents acknowledge and agree that disorderly conduct or assault, as defined by the Texas Penal Code, will not be tolerated. Such actions include, but are not limited to, abusive, indecent, profane or vulgar language that might cause a breach of the peace, or threatening or causing physical contact with someone else who might consider the contact offensive.

5.5 Any disregard of the directions, restrictions, rules or regulations referenced in this section shall be grounds for immediate revocation of the License by the Executive Manager of the Travis County Transportation and Natural Resources Department, the Director of the Parks Division, or their designated representatives, and such action is expressly authorized herein by the Travis County Commissioners Court.

VI. USE AND REPAIRS

4

Updated 9/22/11, 3:40 p.m.

6.1 Licensee shall not use the County Park for any purpose other than that set forth herein. Licensee shall repair or replace any damage to the County Park caused by Licensee.

VII. INDEMNIFICATION

7.1 LICENSEE AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS COUNTY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, NEGLIGENCE, CAUSES OF ACTION, SUITS, AND LIABILITY OF ANY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES, FOR INJURY TO OR INJURY TO OR DEATH OF ANY PERSON, FOR ANY ACT OR OMISSION BY LICENSEE, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S USE OF THE COUNTY PARK.

7.2 Without in any way limiting the liability of Licensee or its obligations under this Agreement, Licensee agrees to maintain during the term of the License Commercial General Liability Insurance with a combined minimum Bodily Injury and Property Damage limits of $600,000 per occurrence and $1,000,000 in the aggregate, with Travis County named as an additional insured. Licensee has provided County with a certificate from its carrier evidencing such insurance, which certificate is attached hereto as Exhibit C and made a part hereof.

VIII. SAFETY

8.1 County reserves the right to prohibit persons from entering the County Park at any time safety may be a concern. Licensee shall ensure that emergency medical responder personnel are on-site throuqhout the License term. All costs and expenses associated with this EIV1S obligation shall be the sole responsibility of Licensee.

IX. AIV1ENDMENTS

9.1 This Agreement may be amended only by written instrument signed by both County and Licensee. IT IS ACKNOWLEDGED BY LICENSEE THAT NO OFFICER, AGENT, EMPLOYEE OR REPRESENTATIVE OF TRAVIS COUNTY HAS ANY AUTHORITY TO CHANGE OR Af'lIEND THE TERMS OF THIS AGREEMENT OR ANY ATTACHMENTS TO IT OR TO WAIVE ANY BREACH OF THIS AGREEMENT UNLESS EXPRESSLY GRANTED THAT SPECIFIC AUTHORITY BYTHE COMMISSIONERS COURT OF TRAVIS COUNTY.

X. NON-ASSIGNMENT OF RIGHTS

5

Updated 9/22/11, 3:40 p.m.

10.1 Licensee may not assign this Agreement or any portion or right thereof without the prior written consent of County; provided, however, Licensee shall have the right to grant, assign and transfer all or any part of its right, title and interest in or to rights arising out of or in connection with the Event publicity, promotion or distribution, in whole or in part, including all copyrights, rights of publicity, trademarks and all other legal interests and rights.

XI. NOTICES

11.1 Any notice to be given hereunder by either party to the other shall be in writing and may be effected by personal delivery, in writing, or registered or certified mail, return receipt requested. Notices shall be sufficient if made or addressed as follows:

If to Licensee: Jon Hill Event Director XXtra Mile, LLC (512) 771-4609

If to County: Honorable Samuel T. Biscoe (or successor in office) Travis County Judge P.O. Box 1748 Austin, Texas 78767

And: Steven M. Manilla, P.E. County Executive Travis County Transportation and Natural Resources Department P.O. Box 1748 Austin, Texas 78767

XII. VENUE AND CHOICE OF LAW

12.1 THE OBLIGATIONS AND UNDERTAKINGS OF EACH OF THE PARTIES TO THIS AGREEMENT SHALL BE PERFORMABLE IN TRAVIS COUNTY, TEXAS, AND THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OFTHE STATE OF TEXAS.

XIII. NON-WAIVER AND RESERVATION OF RIGHTS

13.1 No act or omission by either Party may constitute or be construed as a waiver of any breach or default of the other Party that then exists or may subsequently exist. The failure of either Party to exercise any right or privilege

6

Updated 9/22/11, 3:40 p.m.

granted in this Agreement shall not be construed as a waiver of that right or privilege.

13.2 All rights of County under this Agreement are specifically reserved and any act or omission shall not impair or prejudice any remedy or right of County hereunder. Any right or remedy stated in this Agreement shall not preclude the exercise of any other right or remedy under this Agreement, the law or at equity, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies.

XIV. MEDIATION

14.1 When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or someone appointed by the Court having jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in Section 154.073 of the Texas Civil Practice and Remedies Code, unless both parties agree, in writing, to waive the confidentiality.

XV. ENTIRETY OF AGREErvlENT

15.1 This Agreement represents the sole, entire and integrated Agreement between County and Licensee with respect to the subject matter herein and supersedes all prior negotiations, representations or agreements either oral or written.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date(s) set forth below.

TRAVIS COUNTY:

By: _ Samuel T. Biscoe Travis County Judge

Date: _

7

Updated 9/22/11, 3:40 p.m.

LICENSEE: Xxtra l'llile, LLC

By: _ Jon Hill

Title: Event Director

Date: _

8

Updated 9/22/11, 3:40 p.m.

EXHIBIT A

Licensed Areas in Pace Bend Park

9

Updated 9/22/11, 3:40 p.m.

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EXHIBIT B

INSURANCE CERTIFICATE OF LICENSEE

{to be attached}

237451-1

Updated 9/22/11, 3:40 p.m.

DATE: 9/7/2011

CERTIFICATE OF INSURANCE CERTIFICATE NUMBER: 20110907070425

AGENCY:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT

Entertainment & Sports Insurance eXperts (ESIX) 5660 New Northside Drive, Suite 640

AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Atlanta, Georgia 30328 Phone: 678-324-3300 Fax: 678-324-3303

NAMED INSURED: INSURERS AFFORDING COVERAGE:

USA Triathlon 5825 Delmonico Drive

Jon Hill INSURER A: AXIS Insurance Company

Colorado Springs. Colorado 80919-2401

EVENT INFORMATION:

Trek Women Triathlon Austin (10/2/2011 - 10/2/2011)

POLICY/COVERAGE INFORMATION:

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INS TYPE OF INSURANCE: POLICY NUMBER(S): EFFECTIVE: EXPIRES: LIMITS:

A GENERAL LIABILITY

X Occurrence AXGL03100260-10 12/1/2010 12:01 AM

12/1/2011 12:01 AM

GENERAL AGGREGATE (Applies Per Event) $2,000,000

EACH OCCURRENCE $1,000,000

DAMAGE TO RENTED PREMISES (Each Occ.) $1,000,000

MEDICAL EXPENSE (Anyone person) EXCLUDED

PERSONAL & ADV INJURY $1,000,000

PRODUCTS-COMP/OP AGG $2,000,000

DESCRIPTION OF OPERA TIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS:

The certificate holder is an additional insured, as required by written contract or written agreement, but only for liability arising out of the negligence of the named insured, but only with respect to the USAT sanctioned or approved event specified on this certificate.

CERTIFICATE HOLDER: NOTICE OF CANCELLATION:

Travis County P.O. Box 1748

Should any of the above described policies be cancelled before the expiration date thereof, noticewill be delivered in accordance with the policy provisions.

Austin, Texas 78767 AUTHORIZED REPRESENTATIVE:

Updated 9/22/11, 3:40 p.m.

Travis County Commissioners Court Agenda Request

Meeting Date: 09/27/11

Prepared By: Joe Arriaga Phone #: 854-7562 Division Director/Manager:, An a Bow , Division Director-Development Services

~. -,li::::----t

Department HeadlTitle: S~v~ . anilla, P.E., County Executive-TNR Sponsoring Court Member: Commissioner Huber, Precinct Three

AGENDA LANGUAGE: Consider and take appropriate action on the following requests in Precinct Three: A) Revised preliminary plan for West Cypress Hills, Phase 1 - Revised Preliminary Plan #3; B) A plat for recording: West Cypress Hills, Phase 1, Section 4A; and C) A Construction Agrement for final plat: West Cypress Hill, Phase 1, Section 4A.

BACKGROUND/SUMMARY OF REQUEST: The developer wishes to revise a previously approved preliminary plan, West Cypress Hills, Phase One. This plan was approved by Court on February 19, 2008. This revision to the preliminary plan proposes to delete the connection to the adjacent Travis County property at the terminus of Rock Wren Road (previously shown as Rain Sage Drive). Rock Wren Road will terminate in a cul-de-sac and access to the Travis County property is now from an access easement located in the Phase 2 area of the Preliminary Plan. Lastly, the proposed revision to the preliminary plan increases the single family lots from 420 to 427. Water and wastewater will be provided by the Cypress Ranch Water Control Improvement District NO.1.

The final plat consists of 64 total lots: 59 residential lots and 5 utility/amenity/drainge lots. Parkland fees for the amount of $3416.00 were paid to Travis County. They are proposing 2,508 linear feet of streets.

STAFF RECOMMENDATIONS: As this revision to a previously approved preliminary plan and final plat meet all Travis County standards, TNR staff recommends approval.

ISSUES AND OPPORTUNITIES: Staff did receive inquiries from adjacent property owners regarding the proposed changes to the preliminary plan. It is the staff's understanding, from the developer's engineer, that the concerns were forwarded to the developer and changes to the plan were made to satisfy the concerns of the residents.

Item 26Updated 9/22/11, 3:40 p.m.

FISCAL IMPACT AND SOURCE OF FUNDING: N/A

EXHIBITS/ATTACHMENTS: Location Map, Current Preliminary Plan Proposed Prelirninay Plan, Final Plat, and Precinct Map Construction Agreement.

REQUIRED AUTHORIZATIONS:

Cynthia McDonald Financial Manager TNR 854-4239 Steve Manilla County Executive TNR 854-9429

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AUSTIN, TEXAS 78746 O. 512-904-0505 F: 512-904-0509 TBPE NO. 11206

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LEGEND

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• IRON ROD FOUND (AS NOTED) .. IRON ROD WITH CAP FOUND (AS IDENTIFIED)

cortes SPINDLE FOUND

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CURVE DATA TABLE J7"34'oo" J6.... 59.00­ 586"29'38·W 37.99' 51'34'13" SJ.10· 59.00' 541'55'31 W 5Ur 5116'38" 52.80' 59.00' S9"29'5·n 51.06' 5116'J8" 52.80' ~.oo' 560'"46'31'[ 51.06' 601~55 61.97 59.00' N63'29'42"E 59.16' 21·-+8'14" 22.42' 58.00' N2l'31'08"E 22.28' 8'08"31" 46.18' 325.00' Nff3T24"W 46.14'

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HOT U5ED HOT U5ED HOT U5ED HOT U5ED

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LOCATION MAP NOTTO SCALE

TECHNICIAN: pes FIElDBOOK: F1ElDBOOK

JOB NUMBER: 1108

SURVEYOR:l PAUL C. SAUVE, RPLS' 2518

TRAVIS COUNTY, TEXAS URVEY DATE:llMRCH, 2011

DESCRIPTION: N/A CLIENT: CYPRESS RANCH, LTD.

PLOTDATE:

AUST1N~~.~~1E9, uc

LEGEND

o CONCRETE IWNUt.lENT SET

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.. COTTON SPINDLE roUND o lRQN ROO WITH c;.p ST.A.t.lPEO ~ASlH SET

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OPRTCT OFFlCIAL PUBLIC RECORDS TRAVIS COUNTY, TEXAS

Rs,'I!L._. _

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SHEET 3 OF 3

Updated 9/22/11, 3:40 p.m.

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PRELIMINARY PLAN CYPRESS. ~ANCH, tro

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Updated 9/22/11, 3:40 p.m.

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PRECINCT 2

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Texas Engineering WEST CYPRESS Solutions EXHIBIT 1 HILLS - TRAVIS 5000 BEE CAvES ROAD COUNTYAUSTIN, TEXAS 78746 0: 512-904-0505 .....----....... PRECINCT MAP F 512-904-0509 MODIFIED: September 6, 2011 TBPE NO, 11206 PLOTTED' September 6, 2011

PLOTTED BY tescomp04.....&. OF 1 ___I.....JL.-_~:....:.>- ..... .... .. _

Updated 9/22/11, 3:40 p.m.

EXHIBIT 82.401 (E) SUBDIVISION CONSTRUCTION AGREEMENT

STATE OF TEXAS COUNTY OF TRAVIS

This Agreement is made and entered into by and between Cypress Ranch, Ltd. , (the "Subdivider") and Travis County, Texas, (the "County), hereinafter collectively referred to as the "Parties".

WHEREAS, the Subdivider owns the tract of real property described in Exhibit "A", which is attached hereto and made a part hereof, (the "Property"); and

WHEREAS, the Subdivider desires to subdivide the Property, pursuant to the proposed final plat of" West Cypress Hills, Phase 1, Section 4A" (the "Subdivision"); and

WHEREAS, the County desires to set forth the Subdivider's responsibility for the construction of the Subdivision's roads and drainage facilities (the "Improvements"); and

WHEREAS, the Subdivider desires to set forth the County's responsibility to accept the constructed Improvements for maintenance;

NOW, THEREFORE, the Parties agree as follows:

I. Subdivider's Obligations

A. Improvements. The Subdivider shall construct the Improvements required to comply with the County's Standards for the Construction of Streets and Drainage in Subdivisions (the "Standards"). The Improvements will conform to the construction plans, permits, and specifications approved by the County prior to commencement of construction.

B. Security. To secure the Subdivider's obligations, the Subdivider will provide a financial guarantee of performance in the amount of the estimated cost of constructing the Improvements (the "Security"), which has been deterrnined by a professional engineer and approved by the County's Transportation and Natural Resources Department ("TNR"). The Security must be in a form approved for use in the Standards or otherwise approved by the County Attorney's Office.

C. Alternative Fiscal. Notwithstanding any other provisions of this Agreement, the Subdivider may request the Commissioners Court to hold the administratively approved plat in abeyance until all streets, alleys, sidewalks, and drainage improvements in the Subdivision. The Subdivider must post fiscal security to secure restoration of disturbed areas should construction not be completed. Upon satisfactory completion, the submitted plat shall be forwarded to the Commissioners Court for approval and recording, provided adequate fiscal security has been posted to secure the one year Construction Performance Period described below.

Updated 9/22/11, 3:40 p.m.

D. Completion. The Improvements must be constructed no later than three (3) years after the effective date of this Agreement. This period may be extended by the delivery to the County at least forty five (45) days prior to the expiration of the Security of an extension of the Security in a form approved by the County. Upon completion of the Improvements, the Subdivider will provide the County with a complete set of construction plans for the Improvements, certified "as built" by the engineer responsible for preparing the approved construction plans and specifications.

E. Warranty. The Subdivider warrants the public Improvements will be free from defects for a period of one (1) year from the date the County accepts the construction of the public Improvements (the "Performance Period"). The Subdivider shall correct and repair any defects in materials or workmanship, including design inadequacies and damage to or deterioration of the.public Improvements that occur before and during this Performance Period due to any cause. As a condition of the County's acceptance of dedication of any of the public Improvements, the Subdivider must post fiscal security in the form of cash, a performance bond, or other approved form and in the amount of ten percent (10%) of the cost of constructing the public Improvements, to secure the warranty established by this Agreement. It is expressly acknowledged that the public Improvements must meet County Standards at the end of the one year Construction Performance Period in order for the County to release the construction performance fiscal security.

F. Increase in Security. If the County determines the cost of constructing the Improvements exceeds the posted Security, within thirty (30) days after notice and demand, the Subdivider shall provide additional Security in an amount equal to the additional estimated cost.

G. Reduction in Security. During the construction of the Improvements, the Security may be reduced in accordance with the percentage of completion of the construction. The Executive Manager of TNR will execute Statements of Partial Reductions in the Amount of Security, when provided with the following documentation:

1) a professional engineer's certification of quantities of work completed; 2) a contractor's invoice for work completed; and 3) a TNR inspection report, indicating the completion of the portion of the work represented by the contractor's invoice.

After the approval and acceptance of the construction of the Improvements, the Security for the public Improvements may be reduced by ninety percent (90%) of the cost of the approved construction and held for the one-year Performance Period. After the approval of the construction of the private Improvements, the Security posted for the private Improvements will be fully released. In addition, the County agrees to release or reduce, as appropriate, the Security provided by the Subdivider, if the County accepts a substitute Security for all or any portion of the Improvements.

Updated 9/22/11, 3:40 p.m.

H. Covenant, Restriction, and Condition. In the event that the Improvements are not constructed to County Standards and the required Security has expired, the Subdivider shall not sell, transfer, or convey any of the lots in the Subdivision until sufficient Security has been posted with the County for the completion of the construction.

II. County's Obligations

A. Inspection and Approval. The County will inspect the Improvements during and at the completion of construction. If the Improvements are completed in accordance with the Standards, the County will approve the Improvements and accept the public Improvements.

B. Notice of Defect. The County will notify the Subdivider, if an inspection reveals that any portion of the Improvements is not constructed in accordance with the Standards or is otherwise defective. However, the County is not responsible for the construction of the Improvements, the quality of the material, or the construction methods utilized. In addition, the County is not responsible for making continuous on-site inspections of the construction work and the County has no privity with or responsibility for the construction contractor or any subcontractors. The Subdivider will have thirty (30) days from such notice to cure the defect. It is an event of default under this Agreement, if the defect is not cured prior to the expiration of the time to cure.

C. Performance Period Security Release. Upon the expiration of the one-year Performance Period with no damages or defects which the Executive Manager notifies the Subdivider must be corrected, the Executive Manager will release the Performance Period Security.

D. Conditions to Draw on Security. The County may draw upon any Security posted under this Agreement upon the occurrence of one or more of the following events:

a. The failure of the Subdivider to construct the Improvements to the applicable County Standards;

b. The Subdivider's failure to renew or replace the Security at least forty-five (45) days prior to its expiration;

c. The acquisition of the Property or a portion of the Property by the issuer of the Security or other creditor through foreclosure or an assignment or conveyance in lieu of foreclosure;

d. The arrangement by the Commissioners Court for the completion of one or more of the Improvements; or

e. The determination by the Commissioners Court that the completion of one or more of the public Improvements is in the public Interest.

Updated 9/22/11, 3:40 p.m.

E. Notice of Intent to Draw. The County shall provide ten (10) days written notice of the occurrence of such an event to the Subdivider with a copy provided to any fiscal surety, lender, or escrow agent. The notice will include a statement that the County intends to provide for the performance of some or all of Subdivider's obligations hereunder for the construction of the Improvements, if the failure is not cured. The County shall be entitled to draw the amount it considers necessary to perform the Subdivider's obligations under this Agreement up to the total amount allocated for the Improvements. In lieu of a drawing based on an event described in subparagraphs (b) or (c), above, the County may accept a substitute Security.

F. Use of Proceeds.

1) The County must utilize the proceeds of any posted security solely for the purpose of completing the Improvements to the County's Standards or to correct defects in or failures of the Improvements.

2) The County may in its sole discretion complete some or all of the unfinished Improvements at the time of default, regardless of the extent to which development has taken place in the Subdivision or whether development ever commenced, without incurring any obligation to complete any of the unfinished Improvements. If the County uses the proceeds to complete, repair, or reconstruct the Improvements, it will do so as a public trustee of the development process in order to protect purchasers and taxpayers from the adverse consequences of a subdivider default or to protect the public interest by completing the Improvements.

3) The County is not a private subdivision developer and its draft on the Security and utilization of the proceeds to complete, repair, or reconstruct the Improvements is not an acceptance of the dedication of the Improvements. The acceptance of the Improvements is specifically contingent upon the delivery to the County of Improvements, which have been constructed to County Standards or the express order of acceptance by the County's Commissioners Court.

4) The Subdivider has no claim or rights under this Agreement to funds drawn under the Security or any accrued interest earned on the funds to the extent the same are used by the County hereunder.

5) All funds obtained by the County pursuant to one or more draws under the Security shall be maintained by the County in an interest bearing account or accounts until such funds, together with accrued interest thereon (the "Escrowed Funds"), are disbursed by the County.

6) The County shall disperse all or portions of the Escrowed Funds as Improvements are completed by the County, or in accordance with the terms of a written construction contract between the County and a third party for the construction of the Improvements.

Updated 9/22/11, 3:40 p.m.

7) Escrowed Funds not used or held by the County for the purpose of completing an Improvement or correcting defects in or failures of an Improvement, together with any interest accrued thereon, shall be paid by the County to the Issuer of the Security or, if the Security was originally in the form of cash, to the Subdivider, no later than sixty (60) days following the County's acceptance of the Improvement or its decision not to complete the Improvements using Escrowed Funds, whichever date is earlier.

G. Releases. The Executive Manager will, subject to the performance of the Subdivider of its obligations under this agreement and the Travis County Standards for Construction of Streets & Drainage in Subdivisions, execute such releases of this Agreement as are necessary and reasonable upon the request of the Subdivider or a purchaser of a portion of the Property.

III. MISCELLANEOUS

A. Covenants, Restrictions, and Conditions. These Covenants, Restrictions, and Conditions will operate as covenants running with the land and will be binding upon the Subdivider and the Subdivider's legal representatives, successors and assigns.

B. Measure of Damages. The measure of damages for breach of this Agreement by the Subdivider is the actual cost of completing the Improvements in conformance with the County's Standards, including without limitation its associated administrative expenses.

C. Remedies. The remedies available to the County and the Subdivider under this Agreement and the laws of Texas are cumulative in nature.

D. Third Party Rights. No non-party shall have any right of action under this Agreement, nor shall any such non-party, including without limitation a trustee in bankruptcy, have any interest in or claim to funds drawn on the posted Security and held in escrow by the County in accordance with this Agreement.

E. Indemnification. The Subdivider shall indemnify and hold the County harmless from and against all claims, demands, costs, and liability of every kind and nature, including reasonable attorney's fees, for the defense of such claims and demands, arising from any breach on the part of Subdivider of any provision in this Agreement, or from any act or negligence of Subdivider or Subdivider's agents, contractors, employees, tenants, or licensees in the construction of the Improvements. The Subdivider further agrees to aid and defend the County, if the County is named as a defendant in an action arising from any breach on the part of Subdivider of any provision in this Agreement or from any act or negligence of Subdivider or Subdivider's agents, contractors, employees, tenants, or licensees in the construction of the Improvements.

F. No Waiver. The waiver of any provision of this Agreement will not constitute a waiver of any other provision, nor will it constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement. The County's failure to enforce any provision will not constitute a waiver or estoppel of the right to do so.

Updated 9/22/11, 3:40 p.m.

G. Attorney's Fees. The prevailing party in any litigation hereunder is entitled to recover its costs, including reasonable attorney's fees, court costs, and expert witness fees, from the other party. If the court awards relief to both parties, each will bear its own costs.

H. Successors and Assigns. This Agreement is binding on the Subdivider and the heirs, successors, and assigns of the Subdivider and on any person acquiring an ownership interest in the Property through the Subdivider. The Subdivider's obligations under this Agreement may not be assigned without the written approval of the County; provided the County's approval shall not be unreasonably withheld if the Subdivider's assignee expressly assumes all obligations of the Subdivider under this Agreement. An assignment shall not be construed as releasing the Subdivider from Subdivider's obligations under this Agreement and Subdivider's obligations hereunder shall continue notwithstanding any assignment approved pursuant to this Paragraph unless and until the County executes and delivers to the Subdivider a written release. The County agrees to release the Subdivider, if the Subdivider's assignee expressly assumes the Subdivider's obligations under this Agreement and has posted the Security required by this Agreement. The County in its sole discretion may assign some or all of its rights under this Agreement and any such assignment shall be effective upon notice to the Subdivider.

I. Expiration. This Agreement will terminate upon the vacation of the Subdivision by the Subdivider or the completion of the Subdivider's obligations under this Agreement, whichever occurs first.

J. Notice. Any notice under this Agreement must be in writing and will be effective when personally delivered or three (3) days after deposit in the U.S. Mail, postage prepaid, certified with return receipt requested, and addressed as follows:

Subdivider: Cypress Ranch. Ltd. 3600 N Capital of Texas Hwy. Bldg B. Ste 320 Austin, TX 78746

County: Transportation & Natural Resources Department P.O. Box 1748 Austin, Texas 78767 Attn: Executive Manager

Copy to: Travis County Attorney's Office P.O. Box 1748 Austin, Texas 78767

The parties may change their respective addresses for notice to any other location in the United States in accordance with the provisions of this Paragraph.

Updated 9/22/11, 3:40 p.m.

K. Severability. If any provision of this Agreement is held by a court to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability shall not affect the validity of any other provision and the rights of the parties will be construed as if such provision was never part of this Agreement.

L. Jurisdiction and Venue. This Agreement concerns real property located in Travis County, Texas, and shall be governed and construed under Texas law. Venue for any action arising under this Agreement shall be exclusively in Travis County, Texas.

M. Captions Immaterial. The captions or headings of the paragraphs of this Agreement are for convenience only and shall not be considered in construing this Agreement.

N. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof. Any oral representations or modifications concerning this Agreement shall be of no force or effect, except a subsequent written modification executed by both parties. NO OFFICIAL, EMPLOYEE, OR AGENT OF THE COUNTY HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO AMEND, MODIFY, OR OTHERWISE CHANGE THIS AGREEMENT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE COMMISSIONERS COURT.

This Agreement is executed as of the dates set forth below and is effective upon approval by the County of the final plat for the Subdivision or upon approval of Alternative Fiscal in accordance with County regulations.

TRAVIS COUNTY, TEXAS SUBDIVIDER:

~Q(6S ~~ )\..~.

%-~~ ~reh \Xiue\~> \rK ) ~ ~'Brerol ~I("

County Judge

Date:

BY:~ Name: U.so.. S~~J Title:~ Authorized Representative Date: 11 \<1\ ~

Updated 9/22/11, 3:40 p.m.

ACKNOWLEDGEMENT

STATE OF TEXAS

COUNTY OF TRAVIS

This instrument was acknowledged before me on the 2l day of ~\~ ,by Ltsq 'SkVhw S ' in the capacity stated herein.

~r~~ n . ~'Jfdre of Notary ~

\ N CRANDAll \

-

After Recording Return to:

Executive Manager, Transportation and Natural Resources P.O. Box 1748 Austin, Texas 78767

Updated 9/22/11, 3:40 p.m.

EXHIBIT A: METES AND BOUNDS DESCRIPTION OF PROPERTY

PROPERTY DESCRIPTION WEST CYPRESS HILLS, PHASE ONE, SECTION FOUR

TRAVIS COUNTY, TEXAS

BEING 37.49 ACRES OF LAND LOCATED IN THE W. C. ROUNDTREE SURVEY NO. 69, ABSTRACT 2681 AND THE H. REIMERS SURVEY NO. 68, ABSTRACT 2500, TRAVIS COUNTY, TEXAS AND BEING A PORTION OF A CALLED 343.80 ACRE TRACT DESCRIBED AS "EXHIBIT A" IN A DEED TO CYPRESS RANCH, LTD AND RECORDED IN DOCUMENT NO. 2002048694 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS AND THE A REMAINING PORTION OF A 86.169 ACRE TRACT OF RECORD IN DOCUMENT NO. 2002048250 OF SAID OFFICIAL PUBLIC RECORDS, AND A PORTION OF A 12.00 ACRE TRACT OF LAND DESCRIBED IN A DEED TO CYPRESS RANCH WATER CONTROL AND IMPROVEMENTS DISTRICT NO.1 OF RECORD IN DOCUMENT NO. 2010193418 OF SAID OFFICIAL PUBLIC RECORDS, SAID 37.49 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS REFERENCED TO THE TEXAS COORDINATE SYSTEM CENTRAL ZONE NAD83.

BEGINNING at an iron rod found with cap stamped "MCANGUS" on the southerly corner of Lot 46, Block 4, Utility and Amenity Lot, West Cypress Hills, Phase One, Section One and being on the existing westerly right of way line of Cypress Ranch Boulevard, of record in Document No. 200400094 of said Official Public Records said iron rod being located S35°13'53"E, 353.71 (called S35°13'32"E, 353.72) feet from an iron rod with cap stamped "MCANGUS" at a point of intersection on the southerly line of said Lot 46;

THENCE, crossing said exiting right of way and a portion of said 343.80 acre tract S55°56'34"E, 172.38 feet to a %" iron rod with cap stamped "AST" set in concrete at the beginning of a non-tangent curve to the left on the proposed westerly right of way line of Cypress Ranch Boulevard (100 feet wide);

THENCE, with said proposed right of way line, same being the easterly line of the herein described tract, the following three (3) courses and distances:

1. With the arc of said curve to the left 362.94 feet having a radius of 700.00 feet, a central angle of , 29°42'26" and a chord bearing and distance of S28°15'13"W, 358.89 feet to a %-inch iron rod set with cap stamped "AST" at the beginning of a compound curve to the left;

2. With the arc of said curve to the left 352.19 feet having a radius of 520.00 feet, a central angle of 38°48'20" and a chord bearing and distance of S06°00'10"E, 345.49 feet to a %-inch iron rod set with cap stamped "AST" at the beginning of a reverse curve to the right and;

Updated 9/22/11, 3:40 p.m.

3. With the arc of said curve to the right 401.29 feet having a radius of 420.00 feet, a central angle of, 54°44'37" and a chord bearing and distance of S01°57'58"W, 386.20 feet to a %-inch iron rod set with cap stamped "AST";

THENCE, leaving said proposed right of way and crossing said 343.80 acre tract the following eighteen (18) courses and distances:

1. N15°16'16'W, 168.68 feet to a %-inch iron rod set with cap stamped "AST";

2. N25°39'10"W, 331.67 feet to a %-inch iron rod set with cap stamped "AST";

3. N28°23'34"W, 246.21 feet to a %-inch iron rod set with cap stamped "AST";

4. N60005'41 "W, 279.93 feet to a %-inch iron rod set with cap stamped "AST";

5. N06°18'35"W, 174.52 feet to a %-inch iron rod set with cap stamped "AST";

6. N39°29'05"E, 161.02 feet to a %-inch iron rod set with cap stamped "AST";

7. S61°50'04'W, 131.07 feet to a %-inch iron rod set with cap stamped "AST";

8. N81°05'05"E, 10.61 feet to a %-inch iron rod set with cap stamped "AST" on the proposed southerly right of way line of Rock Wren Road and the beginning of a non-tangent curve to the right;

9. With the arc of said curve to the right 34.74 feet having a radius of 525.00 feet a central angle of 03°47'28" and a chord bearing and distance of N26°33'21"W, 34.73 feet to a %-inch iron rod set with cap stamped "AST";

1O. S60042.51 "W, 221.87 feet to a %-inch iron rod set with cap stamped "AST";

11.S34°39'56"W, 124.13 feet to a %-inch iron rod set with cap stamped "AST";

12.S06°18'35"E, 120.04 feet to a %-inch iron rod set with cap stamped "AST";

13.N70053'05"W, 442.13 feet to a %-inch iron rod set with cap stamped "AST";

14. N20012'01"W, 66.98 feet to a %-inch iron rod set with cap stamped "AST";

15. N28°37'30'W, 97.94 feet to a %-inch iron rod set with cap stamped "AST";

16. N45°44'22"W, 149.86 feet to a %-inch iron rod set with cap stamped "AST";

17.N51°19'1O"W, 146.97 feet to a %-inch iron rod set with cap stamped "AST"

18. N5r51'07"W, 84.76 feet to a %-inch iron rod set with cap stamped "AST" on the easterly line of a called 1159.665 acre tract described in a deed to Travis County recorded in Document No. 2005222378 of said Official Public Records;

THENCE, with said easterly line, N32°08'53"E, 1302.29 feet to a %-inch iron rod set with cap stamped "AST" at the most southerly corner of Lot 89, Block B, Utility/Amenity Lot, West Cypress Hills Phase One, Section Three-A of record in Document No. 200600376 of said Official Public Records and being on the southerly line of a remaining portion of said 86.169 acre tract;

Updated 9/22/11, 3:40 p.m.

THENCE, with the southerly line of said Lot 89, N72°54'17"E, 54.64 feet to a %-inch iron rod set with cap stamped "ASI" at the westerly corner of Lot 93, Block B of said Section Three-A;

THENCE, with the southwesterly line of said Lot 93 and the northerly line of the remainder of said 86.169 acre tract and said 343.80 acre tract, S49°41'45"E, at 149.76 passing the westerly right of way line of Rock Wren Road and continuing for a total distance of 199.76 feet to a %-inch iron rod set with cap stamped "ASI" on the easterly right of way line of said Rock Wren Road;

THENCE, with said easterly right of way line, N40018'15"E, 9.10 feet to a %-inch iron rod set with cap stamped "AST" at the westerly corner of Lot 28, Block A of said Section Three-A;

THENCE, with the southerly line of Block A of said Section Three-A the following seven (7) courses and distances

1. S49°41'45"E, 435.85 feet to a %-inch iron rod set with cap stamped "ASI";

2. S49°40'40"E, 60.04 feet to a %-inch iron rod set with cap stamped "AST";

3. S46°24'38"E, 58.71 feet to a %-inch iron rod set with cap stamped "AST";

4. S40005'14"E, 72.65 feet to a %-inch iron rod set with cap stamped "AST";

5. S33°41'11"E, 58.25 feet to a %-inch iron rod set with cap stamped "AST";

6. S30011 '30"E, 60.07 feet to a %-inch iron rod set with cap stamped "ASI" and;

7. S3000T44"E, 12.60 feet to a %-inch iron rod set with cap stamped "ASI" at the northwest corner of said Lot 46, Block 4;

THENCE, leaving the said southerly line and with the westerly and southerly line of said Lot 46, Block 4 the following three (3) courses and distances:

1. S62°09'00"W, 357.40 feet to an iron rod found with cap stamped "McAngus at the most westerly corner of said Lot 46, Block 4;

2. S12°25'42"E, 292.25 feet to an iron rod found with cap stamped "McAngus;

3. S35°13'32"E, 118.14 feet to a %-inch iron rod set with cap stamped "ASI";

THENCE, leaving said southerly line and crossing said 343.80 acre tract the following five (5) courses and distances:

1. S60042'51"W, 204.62 feet to the proposed northerly right of way line of Rock Wren Road and the beginning of a non-tangent curve to the left;

2. With said proposed northerly right of way line and the arc of said curve to the left 53.34 feet having a radius of 475.00 feet, a central angle of 06°26'03" and a chord bearing and distance of S2r23'21 "E, 53.31 feet;

3. Leaving said proposed right of way line, N81°05'05"E, 10.77 feet to a %-inch iron rod set with cap stamped "ASI";

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4. N58°47'43"E, 130.00 feet to a %-inch iron rod set with cap stamped "AST";

5. N58°21'17"E, 71.61 feet to a %-inch iron rod set with cap stamped "AST" on the southerly line of said Lot 4;

THENCE, S35°13'32"E, 186.05 feet to the POINT OF BEGINNING and containing 37.49 acres, more or less;

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Travis County Commissioners Court Agenda Request

Meeting Date: September 27,2011 Prepared By: Kurt Nielsen Phone #: 854-7218 Division Director/Mana r: harles.. ergh, Division Director-Parks

Department Head: Stev ani a, .E., County Executive-TNR Sponsoring Court Member: Commissioner Davis, Precinct One

AGENDA LANGUAGE: Consider and take appropriate action regarding a License Agreement with Tracy Limon for purposes of having exclusive use of Webberville Park, in Precinct One, to host the annual Limon family reunion for the weekend of October 8th and 9th, 2011.

BACKGROUND/SUMMARY OF REQUEST: For the past 25 years the Limon family has celebrated their annual reunion at Travis County's Webberville Park. The reunion has always been held in mid October, a time when normal park usage has declined.

In October of 2006, the Commissioners Court approved a rule prohibiting the display of the consumption of alcoholic beverages. Ms. Limon has requested entering into a License Agreement with Travis County to allow them exception to the rule. The Limon family has traditionally enjoyed the responsible consumption of alcoholic beverages during their annual reunion festivities. Considering the size of the Limon family reunion and its 25-year history at Webberville Park for this annual event, park staff recommends a licensing agreement be approved to allow the Limon family to have exclusive use of the park for the weekend of October s" and 9th

, 2011.

STAFF RECOMMENDATIONS: Staff recommends approval of this licensing agreement.

ISSUES AND OPPORTUNITIES: This is an opportunity to continue with this traditional use of Webberville Park for this family event. This licensing agreement will continue to allow the Limon family to host their annual reunion at Webberville Park and to responsibly consume alcoholic beverages without violating park rules.

FISCAL IMPACT AND SOURCE OF FUNDING: There would be no budgetary or fiscal impact associated with this request. The Limon Family would pay the normal fees for shelter rental and would pay to have an

Item 27Updated 9/22/11, 3:40 p.m.

off duty Ranger for security purposes during the Rangers normally unscheduled hours.

ATTACHMENTS/EXHIBITS: Licence Agreement Park Map

REQUIRED AUTHORIZATIONS:

Cynthia McDonald Financial Manager TNR 854-4239 Steve Manilla County Executive TNR 854-9429 Roxanne Bonner Asst. County Attorney County Attorney 854-9415 Charles Bergh Director Parks 854-9408 Tracy Limon Event Organizer 627-3411

cc. Daniel Chapman Chief Ranger Parks 263-9114 Robert Armistead Division Manager Parks 854-9831 Kurt Nielsen District Manager Parks 854-7218 Jorge Contreras Supervisor Parks 276-9770

4501 • Park SV5 •

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September 12, 2011

Re: Limon Family Reunion

Dear Mr. Kurt Nielsen:

My name is Tracy Limon, and I am the new Coordinator of the Limon Family Reunion. After 19 years as Organizer, my cousin Johnny Limon, and the Committee, decided it was time to pass the organizing of this family event, to the next generation. It was time for them to sit back and enjoy it. For the past twenty five years, the Limon Family has celebrated their Annual Reunion at Webberville Park in Precinct 1, Travis County. As individuals, we've been patronizing this park since it first opened. The natural beauty of this park, and the location, kept us coming back. Now, with all the improvements, we want this park to be the home of our future reunions, for many years.

During the weekend of the reunion, our family is usually the only ones out there. Due to the size of our family, we reserve all the Pavilions. As for the last couple of years we are familiar with the ordinance pertaining to alcoholic beverages in the park. We are requesting to be allowed to comply with the same contract we signed last two years. We will be at the ~ark Friday afternoon, October i h

, to set up. The Reunion is Saturday October 8t ,through Sunday October 9th

, 5pm. I can meet with you, or any Park Employee you desire, to go over any information needed. I can be reached at 6273411. If you can email the contract to my cousin Johnny Limon, he will get it to me to sign.

Thank you,

Tracy Limon

Updated 9/22/11, 3:40 p.m.

LICENSE AGREEMENT

STATE OF TEXAS § §

COUNTY OFTRAVIS §

This License Agreement (this "Agreement") is made and entered into by and between Travis County, Texas, a political subdivision of the State of Texas ("County") and Tracy Limon ("Licensee"), an individual residing in Travis County, Texas.

WITNESSETH

THAT WHEREAS, Licensee desires to use certain property located in that park known as Travis County Webberville Park (the "County Park") for the purpose of holding the "Annual Limon Family Reunion" (the "Event"), and County desires to allow Licensee use of the County Park for such purpose; and

WHEREAS, Licensee fully understands the fragile nature of the habitat of the County Park and intends to fully cooperate and take whatever steps are necessary to minimize all impacts upon the various habitats during Licensee's use of the County Park and to restore the County Park to its original condition after Licensee has completed the Event.

NOW, THEREFORE, County and Licensee, in consideration of the mutual promises herein expressed and the compensation herein agreed to be paid, covenant and agree to and with each other as follows:

I. GRANT OF LICENSE

1.1 County hereby grants a license to Licensee and its family members and friends, invitees, independent contractors and agents to enter and use approved areas within the County Park in connection with the Event (the "License"). Approved areas include those roadways, trails, and park areas, restroom and shelter facilities, and other park amenities in the licensed area, together with their associated rights-of-way, shown on Exhibit A, attached hereto and made a part hereof for all purposes. Closure to the general public during the Event will include all of Webberville County Park.

1.2 The License includes the right to bring onto the County Park and to utilize thereon independent contractors and suppliers, personal property,

168687-1

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materials and equipment during the term of the License. Solely for the duration of the License Term, as defined below, the License also includes the right to bring alcoholic beverages into the County Park and to consume such beverages during the Event, an exception to the Travis County Park Rules currently in effect. Such permission shall terminate automatically upon conclusion of the License Term. The l.icensee agrees to the temporary park rule in place "Prohibiting Wood or Charcoal Fires" due to the extreme fire danger.

1.3 Licensee agrees to make no structural changes to the County Park. However, the License allows for superficial preparation to be made to the County Park to facilitate Licensee's Event needs. Licensee agrees to leave the County Park in the same and as good a condition as when it was received, normal wear and tear excepted as determined by existing County parks policy.

1.4 Licensee acknowledges and agrees that Licensee shall be solely responsible at all times for the actions and the safety of those persons utilizing the County Park under this Agreement, including, without limitation, protecting such persons from injury or death and protecting County's property and the property of such persons from loss or damage.

1.5 Licensee agrees to use only designated parking areas, as determined by the Travis County Parks Division of the Transportation and Natural Resources Department ("the Parks Division") representative, to transport and park all vehicles and equipment brought into or onto the County Park by Licensee and its employees, agents, independent contractors and suppliers. At no time will Licensee be permitted to bring onto or into the County Park a number of vehicles that exceeds the capacity of the County Park parking lot, as determined by the Parks Division staff in its sole discretion.

1.6 During the License Term, as such term is defined below, Licensee agrees to take all reasonable measures to minimize noise and any other type of interference with or disruption of park neighbors.

II. TERM OF LICENSE

2.1 The License is granted from 7:30 p.m. Friday, October 7,2011 until 7:30 p.m. Sunday, October 9, 2011 (the "License Term"). The License Term expressly includes the right to camp overnight in the County Park, an exception to current Travis County Park Rules. Licensee acknowledges and agrees that such dates and times are subject to postponement and/or rescheduling due to any cause or reason beyond the control of Licensee or as determined to be necessary by County.

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III. PAYMENT TO COUNTY

3.1 In consideration of the License granted hereunder, Licensee shall be required to pay all County Park entry fees (if any), and all normal and customary fees charged to the public for shelter rental.

3.2 During the License Term, Licensee shall provide, at its own additional expense, security through employment of Travis County Park Rangers as reasonably necessary (to be solely determined by the Division of Parks) to ensure the safety and integrity of the persons and property brought onto the County Park for the purposes authorized under this Agreement. At a minimum, Licensee shall provide: (a) one Park Ranger (with vehicle) on-site beginning at midnight on Friday, October 7, 2011 until 8:00 a.m, on Saturday, October 8, 2011; and (b) one Park Ranger (with vehicle) on-site beginning at midnight on Saturday, October 8, 2011 until 8:00 a.m. on Sunday, October 9, 2011.

3.3 With respect to any additional expenses incurred by County above the expenses set forth herein, County shall invoice Licensee for the actual costs so incurred, and Licensee shall remit payment to County for the invoice amounts within thirty (30) days of receipt of invoice(s).

IV. PERMITS

4.1 Licensee shall be solely responsible for the costs and the securing of any permits, licenses or other authorizations required by the City of Austin, TABC, the Lower Colorado River Authority, or other governmental entities.

V. CONTROL OF TRAVIS COUNTY

5.1 Licensee and its agents shall at all times obey the direction and commands of the Executive Manager of the Travis County Transportation and Natural Resources Department, or his designees (including the Director of the Parks Division and any and all Travis County Park Rangers), while in the County Park.

5.2 Licensee agrees to attend a pre-site meeting with TNR representatives, if TNR representatives, in their sole discretion, determine that such a meeting is necessary prior to commencement of the Event. Licensee shall be responsible for contacting Kurt Nielsen, or other authorized Parks Division representative, in order to arrange a time and location for such pre-site meeting that is mutually agreeable to the parties.

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5.3 Except as provided herein, Licensee and its agents shall at all times follow the Travis County Parks Rules, including the prohibition against glass containers and fireworks. TNR staff shall provide a copy of all Travis County Park Rules to Licensee prior to commencement of the activities licensed hereunder. Also the Licensee agrees to the temporary park rule in place "Prohibiting Wood or Charcoal Fires" due to the extreme fire danger.

5.4 Licensee and its agents acknowledge and agree that disorderly conduct or assault, as defined by the Texas Penal Code, will not be tolerated. Such actions include, but are not limited to, abusive, indecent, profane or vulgar language that might cause a breach of the peace, or threatening or causing physical contact with someone else who might consider the contact offensive.

5.5 Any disregard of the directions, restrictions, rules or regulations referenced in this section shall be grounds for immediate revocation of the License by the Executive Manager of the Travis County Transportation and Natural Resources Department, the Director of the Parks Division, or their designated representatives, and such action is expressly authorized herein by the Travis County Commissioners Court.

VI. USE AND REPAIRS

6.1 Licensee shall not use the County Park for any purpose other than that set forth herein. Licensee, at its sole cost and expense, shall repair or replace any damage to the County Park caused by Licensee or any person entering the County Park in connection with the Event.

VII. INDEMNIFICATION

7.1 LICENSEE AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS COUNTY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, NEGLIGENCE, CAUSES OF ACTION, SUITS, AND LIABILITY OF ANY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR ANY ACT OR OMISSION BY LICENSEE, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S USE OF THE COUNTY PARK.

VIII. SAFETY

168687-1 4

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8.1 County reserves the right to prohibit persons from entering the County Park at any time safety may be a concern.

IX. ArvlENDrvlENTS

9.1 This Agreement may be amended only by written instrument signed by both County and Licensee. IT IS ACKNOWLEDGED BY LICENSEE THAT NO OFFICER, AGENT, EMPLOYEE OR REPRESENTATIVE OF TRAVIS COUNTY HAS ANY AUTHORITY TO CHANGE OR AMEND THE TERMS OF THIS AGREErvlENT OR ANY ATTACHIIJ1EI\lTS TO IT OR TO WAIVE ANY BREACH OF THIS AGREEIIJ1ENT UNLESS EXPRESSLY GRANTED THAT SPECIFIC AUTHORITY BYTHE COMIIJ1ISSIOI\lERS COURT OF TRAVIS COUNTY.

X. NON-ASSIGNIIJ1ENT OF RIGHTS

10.1 Licensee may not assign this Agreement or any portion or right thereof without the prior written consent of County.

XI. NOTICES

11.1 Any notice to be given hereunder by either party to the other shall be in writing and may be effected by personal delivery, in writing, or registered or certified mail, return receipt requested. Notices shall be sufficient if made or addressed as follows:

If to Licensee: Tracy Limon 1900 Wheless Ln Austin, Texas 78723 512-627-3411

If to County: Honorable Samuel T. Biscoe (or successor in office) Travis County Judge P.O. Box 1748 Austin, Texas 78767

And: Steven Manilla Executive Manager Travis County Transportation and Natural Resources Department P.O. Box 1748 Austin, Texas 78767

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XII. VENUE AND CHOICE OF LAW

12.1 THE OBLIGATIONS AND UNDERTAKINGS OF EACH OF THE PARTIES TO THIS AGREEMENT ARE PERFORMABLE IN TRAVIS COUNTY, TEXAS, AND THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OFTHE STATE OFTEXAS.

XIII. MEDIATION

13.1 When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or someone appointed by the Court having jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in Section 154.073 of the Texas Civil Practice and Remedies Code, unless both parties agree, in writing, to waive the confidentiality.

XIV. ENTIRETY OF AGREErvlENT

14.1 This Agreement represents the sole, entire and integrated Agreement between County and Licensee with respect to the subject matter herein and supersedes all prior negotiations, representations or agreements either oral or written.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date(s) set forth below.

TRAVIS COUNTY:

By: _ Samuel T. Biscoe Travis County Judge

Date: _

168687-1 6

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LICENSEE:

By: _ Tracy Limon

Date: _

168687-1 7

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EXHIBIT A

Licensed Areas in Webberville Park

(attached map)

168687-1 8

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,,- .--"'---­

~t'gi(}nal Location Map

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I~!ll'nd

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o >"Cl..~U'ir:l¢ hUbC TliN~

tI' Ihu'oe'q~~ flriH • Aq.niJt<ise [k:N>.fr:iil FOlJtlHlt;

Webberville Park

--- --. --.--. "' _.

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Nahmi "'eU1'~ I I

J

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,/0. sc ~(l) lt~we 4(i) Travis County~. ~'" n~

~l!..,H~t~ .--,

For more information about this or any other Travis County Park. please cat! 473,9437

Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Meeting Date: September 27, 2011Prepared By/Phone Number: J. Lee Perry/512-854-9724Elected/Appointed Official/Dept. Head: Cyd GrimesCommissioners Court Sponsor: Judge Biscoe

Agenda Language: Approve Contract Award for NE Metro Park, Phase 3 - Project 2, Amenities, IFB No. B110238-LP, to the apparent low bidder, The Barr Company.

Ø Purchasing Recommendation and Comments: Purchasing concurs with department and recommends approval of requested action. This procurement action meets the compliance requirements as outlined by the statutes.

Ø NE Metro Park, Phase 3 – Project 2, Amenities project is for a new park road, parking, two restrooms, two picnic shelters, a spray park, climbing wall, concrete trails and sidewalks, swings, shade structure, sand pit, landscaping, irrigation system, exterior lighting, grading, drainage ways, water line and wastewater line.

Ø On August 31, 2011, six (6) bids were received for the NE Metro Park, Phase 3 – Project 2, Amenities project, in which the bids ranged from$2,298,923.46 to $2,892,291.51.

Ø As a result, TNR recommends awarding a contract to the apparent low bidder, The Barr Company, for the amount of $2,298,923.46.

Ø Contract Expenditures: Within the last N/A months $0.00 has been spent against this contract/requirement.

Ø Contract-Related Information:

Award Amount: $2,298,923.46Contract Type: ConstructionContract Period: Through Completion

Travis County Commissioners Court Agenda Request

Item 29Updated 9/22/11, 3:40 p.m.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m.for the next week's meeting.

Ø Contract Modification Information: N/A

Modification Amount: Modification Type: Modification Period:

Ø Solicitation-Related Information:

Solicitations Sent: 68 Responses Received: 6HUB Information: Vendor is a HUB % HUB Subcontractor: 13.74%

Ø Special Contract Considerations:

Award has been protested; interested parties have been notified. Award is not to the lowest bidder; interested parties have been

notified. Comments: N/A

Ø Funding Information: Purchase Requisition in H.T.E.: 534996 Funding Account(s): 512-4945-809-8120 Comments:

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DRAFT

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DRAFT

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DRAFT

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DRAFT

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DRAFT

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DRAFT

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DRAFT

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DRAFT

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DRAFT

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DRAFT

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DRAFT

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DRAFT

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PI625I02 TRAVIS COUNTY 9/15/11 Purchase Requisition 12:07:55 Number . . . . . . . : 0000534996 Type . . . . . . . . : 1 PURCHASE REQUISITION Status . . . . . . . : AUDITOR APPROVAL Reason . . . . . . . : 53936 PARKS-CIP PENDING CONTRACT AWARD ATTN: BRICE By . . . . . . . . . : BRUNILDA CRUZ 854-7679 Date . . . . . . . . : 7/11/11 Vendor . . . . . . . : UNKNOWN NEM PH III PROJ 2 Contract nbr . . . . : Ship to . . . . . . . : AI AS INDICATED BELOW Deliver by date . . . : 7/11/11 Buyer . . . . . . . . : Fiscal year code . . : C C=Current year, P=Previous year, F=Future year Type options, press Enter. 5=Display 8=Item extended description Opt Line# Quantity UOM Description 1 1480000.00 DOL CONSTRUCTION SERVICES NEM PARK AMENITIES BID SOLICITATION + COMMENTS EXIST Total: 2298923.46 F3=Exit F7=Alternate view F9=Print F10=Approval info F12=Cancel F20=Comments

Updated 9/22/11, 3:40 p.m.

GM200I13 TRAVIS COUNTY 9/15/11 Fiscal Year 2011 Account Balance Inquiry 12:11:14 Account number . . . : 514-4945-809.81-20 Fund . . . . . . . . : 514 L/T PERM IMPRVMT BDS 2009 Department . . . . . : 49 TNR (TRANS & NATRL RESRC) Division . . . . . . : 45 PARK SERVICES Activity basic . . . : 80 CAPITAL PROJECTS Sub activity . . . . : 9 COMM&ECON DEV (PKS & REC) Element . . . . . . : 81 CAPITAL OUTLAY Object . . . . . . . : 20 PURCHD SERV-PARK IMPRVMNT Original budget . . . . . . . . : 0 Revised budget . . . . . . . . . : 4,867,790 06/24/2011 Actual expenditures - current . : 103,815.50 Actual expenditures - ytd . . . : 1,058,660.33 Unposted expenditures . . . . . : .00 Encumbered amount . . . . . . . : 1,458,730.53 Unposted encumbrances . . . . . : .00 Pre-encumbrance amount . . . . . : 1,480,000.00 Total expenditures & encumbrances: 4,101,206.36 84.3% Unencumbered balance . . . . . . : 766,583.64 15.7 F5=Encumbrances F7=Project data F8=Misc inquiry F10=Detail trans F11=Acct activity list F12=Cancel F24=More keys

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PI625I02 TRAVIS COUNTY 9/15/11 Purchase Requisition 12:07:55 Number . . . . . . . : 0000534996 Type . . . . . . . . : 1 PURCHASE REQUISITION Status . . . . . . . : AUDITOR APPROVAL Reason . . . . . . . : 53936 PARKS-CIP PENDING CONTRACT AWARD ATTN: BRICE By . . . . . . . . . : BRUNILDA CRUZ 854-7679 Date . . . . . . . . : 7/11/11 Vendor . . . . . . . : UNKNOWN NEM PH III PROJ 2 Contract nbr . . . . : Ship to . . . . . . . : AI AS INDICATED BELOW Deliver by date . . . : 7/11/11 Buyer . . . . . . . . : Fiscal year code . . : C C=Current year, P=Previous year, F=Future year Type options, press Enter. 5=Display 8=Item extended description Opt Line# Quantity UOM Description 1 1480000.00 DOL CONSTRUCTION SERVICES NEM PARK AMENITIES BID SOLICITATION + COMMENTS EXIST Total: 2298923.46 F3=Exit F7=Alternate view F9=Print F10=Approval info F12=Cancel F20=Comments

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GM200I13 TRAVIS COUNTY 9/15/11 Fiscal Year 2011 Account Balance Inquiry 12:11:14 Account number . . . : 514-4945-809.81-20 Fund . . . . . . . . : 514 L/T PERM IMPRVMT BDS 2009 Department . . . . . : 49 TNR (TRANS & NATRL RESRC) Division . . . . . . : 45 PARK SERVICES Activity basic . . . : 80 CAPITAL PROJECTS Sub activity . . . . : 9 COMM&ECON DEV (PKS & REC) Element . . . . . . : 81 CAPITAL OUTLAY Object . . . . . . . : 20 PURCHD SERV-PARK IMPRVMNT Original budget . . . . . . . . : 0 Revised budget . . . . . . . . . : 4,867,790 06/24/2011 Actual expenditures - current . : 103,815.50 Actual expenditures - ytd . . . : 1,058,660.33 Unposted expenditures . . . . . : .00 Encumbered amount . . . . . . . : 1,458,730.53 Unposted encumbrances . . . . . : .00 Pre-encumbrance amount . . . . . : 1,480,000.00 Total expenditures & encumbrances: 4,101,206.36 84.3% Unencumbered balance . . . . . . : 766,583.64 15.7 F5=Encumbrances F7=Project data F8=Misc inquiry F10=Detail trans F11=Acct activity list F12=Cancel F24=More keys

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Travis County Commissioners Court Agenda Request

Meeting Date: September 27, 2011 Prepared By: John Carr Phone #: 854-4772 Division Director/Man r: oger I houry, M.S., P.E., Director, FMD

'\

Department Head: Stev n a a, P.E., County Executive-TNR Sponsoring Court Member: Commissioner Davis, Precinct One

AGENDA LANGUAGE: Consider and take appropriate action on a request from the Texas Firewalkers for waiver of fees to use the Travis County Exposition Center Arena and Skyline Club on October 9, 2011 with benefits from the event supporting the Bastrop Fire Relief.

BACKGROUND/SUMMARY OF REQUEST: Facilities Management Department (FMD) has received a request from Blake, "PeeWee" Henson, Texas Firewalkers Founder requesting waiver of fees for the use of the Luedecke Arena and Skyline Club in order to further the fundraising efforts of the Bastrop Fire Relief Concert (Attachment One). This concert is scheduled to occur on October 9, 2011 and will raise money to reach every family affected by the Bastrop County Complex Fire, with 100% of the proceeds going to the families. Mr. Henson states that the Texas Firewalkers and the Bastrop Fire Relief Concert have been endorsed by all of the Fire Chiefs that have been involved in fighting the Bastrop County Complex fires, as well as many county officials. Copies of three letters of support are attached (Attachment Two).

The regular charges for this event would be $6,650 as per the Exposition Center rate schedule. Mr. Henson's request is to waive all of these fees to maximize the funds available to go to the families. The Texas Firewalkers will handle the distribution of the proceeds raised to the victims of the fires.

STAFF RECOMMENDATIONS: FMD recommends approval of the request to waive all fees for this fundraising event.

ISSUES AND OPPORTUNITIES: As of September 13, 2011, CBS was reporting that the Bastrop County fire was the most destructive wildfire in Texas history and left hundreds of families homeless. The fire destroyed more than 1,550 homes and charred about 45 square miles. This concert sponsored by the Texas Firewalkers will provide some financial relief to these families.

Item 31Updated 9/22/11, 3:40 p.m.

This waiver of fees will benefit the families impacted by the fires that occurred in Bastrop County. At this point we have not received any requests for similar events or waiver of Exposition Center fees for similar fundraising events that would help individuals impacted by the fires that occurred in Travis County. FMD will immediately bring any such requests back to the Commissioners Court for consideration if and when they surface.

FISCAL IMPACT AND SOURCE OF FUNDING: If all fees are waived, the loss in revenue would be $6,650.

ATTACHMENTS/EXHIBITS: 1. Request Letter, Mr. Henson 2. Three letters of Support - Various Fire Chiefs 3. Exhibit "A" from License Agreement

REQUIRED AUTHORIZATIONS:

Cynthia McDonald Financial Manager TNR 854-4239 Steve Manilla County Executive TNR 854-9429

cc.

If----------------f---------­9502· Facllltles ­

Updated 9/22/11, 3:40 p.m.

123 Misty Lane, Cedar Creek TX 78612 (512)844-8324

[email protected] www.TexasFirewalkers.org

Roger A. EI Khoury, M.S., P.E. 1010 Lavaca st., Ste 400 Austin TX 78701

County Judge Samuel T. Biscoe. 314 W. 11th sr., #520. Austin, TX 78701

To whom it may concern,

I am writing you today as the founder of the Texas Firewalkers, and am asking that the rental fees be waived for the contract on October 9t h for the Luedecke Arena in order to further the fundraising efforts of the Bastrop Fire Relief Concert. We are lining up an afternoon and evening of great live Texas music acts that have an interest in our cause. Texas Firewalkers has multiple fundraisers each year that allow us to provide assistance to families in need after they lose their home due to fire. We need all the help we can get to successfully raise money to reach every family affected by the Bastrop County Complex Fire. Texas Firewalkers and the Bastrop Fire Relief Concert have been endorsed by all of the Fire Chiefs that have been involved in fighting the Bastrop County Complex fires, as well as many county officials. Please consider waiving all rental fees on the contract to help Texas Firewalkers reach our goal. Please contact me if you have any questions or if you would like further information. I will gladly keep you posted with a weekly email so that you can see the development of the event. All of the proceeds will go directly to the citizens affected by the Bastrop Complex Fire incident. Texas Firewalkers will be dispersing these funds.

Texas Firewalkers recently hosted the Central Texas 9/11 Memorial Stair Climb and raised $5000.00 which was divided in half to benefit the National Fallen Firefighters Foundation and the Texas Firewalkers locally. As you can tell from the website (www.TexasFirewalkers.org), Texas Firewalkers mission is to provide essential aid to citizens that have a loss as a result of a residential fire.

Thank you, Blake "PeeWee" Henson Texas Firewalkers Founder 512-844-8324 cell email- [email protected] www.TexasFirewalkers.org

www.texasfirewalkers.org

Updated 9/22/11, 3:40 p.m.

CCE PAGE iii709/13/2011 23:58 512321G905

BASTROP C01JNTY EMERGENCY SE:llVICES

DISTRICT Nl(). 1 POBox 357, Red Rock Texas 78662 Telephone 512.308.0086

To Whom It May Concern, 2011-09-14

I am writing today to show my support for the Texas Firewalkers and their efforts to raise money for the Bastrop County Complex Fire Victims. Texas Firewalkers is a registered non-profit organization in Bastrop County who raises money for victims of fire related incidents. This organization was formed on serving the community in times of need and is run by local firefighters of Bastrop County and Central Texas. It is their mission to give back to the community in times of loss from fire. The Texas Firewalkers is a credible and respected organization with morals and ethics and viewed by the community as an organization that comes through with assistance when people need it. I fully SUpPO!t and endorse the Texas Firewalkers and their efforts in raising money for the Bastrop County Complex Fire Victims. If you have any questions please feel free to contact me at 512-629-29271

Thank You

Brandon Bancroft

Fire Chief

BCESD No.1 (Union Chapel Fire Ie)

~/6-~/ :,.-"//

Updated 9/22/11, 3:40 p.m.

09/13/2011 23:58 5123216905 CCE PAGE 08

3..N... l VolaDteer Fire Jl)ept. P.o. Box 51

R.osanky, Texas 719S~1

DearJudgeMcDonald,

I am writing today to show my SUPJIOrt fgr the Te)(8S F;r~watJcer~. and their efforts to raise money for the Bastrop CQunty Compfex Flre Victims. Texas Fir'l"'.llkers is a regis.t~ed

non-profitorganiz.ation rn BastropCountywho raises money fot vJe:tims o'ffire related incidents. This organjzation was formed on senting the commuttiry in thnes of l'1,eel~ and Is run bV local firefighters of 8astroP County and Central Texas. tt is thefr mlsslor. to give bad: to the communltv in tlmes of foss from fire. The Texas r:irewalkers Is a ':Il'eo~fbte and respected otpntlatlon With morats and ethics and viewed by the community ll!, .an orpniZation that comes through with assistance when peoofe need it. f fully support &'''ll1 endorse the Texas FirewiJtkers and their efforts in raising money for the Bastrop County;::mnpJex Fife Vlctl",s. If you have any Questions please feel freetc2 ~ontart me ~t 512-461-1648.

Best Regards.

Glen Boatright Fire Chief 31'-11 Volunteer fire Department

Updated 9/22/11, 3:40 p.m.

ceE PAGE 139139/13/21311 23:58 51232169135

BASTROP FIRE D.PARTMIIJNlar INC. P. O. BolC 1365 - 802 Chestnut - Bastrop. Texas 7,9602

Henry L. Perry Fire Chief Rodney L. Stradling Assistant ChIef

Phone (512) 321-5550 - Fax (512) 321-1~ 1S Federal Tax 10# 74-2295421

I am writing today to show my support for the TeXIS Firewalker!i and their efforts to raise money for the Bastrop County Complex Fire Victims. Texas Fira'Nalkers is a registered non-profit organization in Bastrop County who raises mOTlE'y for ..,Ictlmsof fire related incidents. This organization was formed on serving the corn 11un ity in times of need and is run by local firefighters of Bastrop County and Central rex-as. It is their mission to give back to the community in times of loss from fire. The lel(liS Firewalkers Isa credible and respected organization with morals and ethics and Vil!Wlid by the community as an organization that comes tI1rough with assistance whsn people need it. I fully support and endorse the Texas Firewalkers and their efforts in filjsing money for the Bastrop County Complex Fire Victims. If you have any questions pleas;e feel free to contact me at 512-848-7319.

Thank you,

Henry L. Perry

Henry L. Perry

Chief

Bastrop Fire Department

Updated 9/22/11, 3:40 p.m.

----

EXHIBIT A

Travis County Exposition Center - Event Costing Schedule

Customer: ...=:---:-:~:---::=::-::~--::==::::::=:::::::j:~=la=a:=;,=.:=;~n~-~~:=e-=~=~=lie=l=CO";;:";I'·········_---- .. ~R~~:';:~~:'-=

Event:

Item

Facility Rental_F__.e__e__s +-~_~_:~_:_~_~_.:_~~;~;_~o~~~;~~;~;i~i~~~~;=~__ ::~r ~: ~ 3,~~~:~~ ~~ 3~_ Luedecke Arena Dressing Room Day 1 $ 100.00 $ 100.00

Skyline Club - Rental Period is 8 Hours Day 1 $ 1,200.00 $ 1,200.00

Skyline Club for Each Additional Hour Hour $ 100.00 $ - __

Banquet Hall - Rental Period is 8 Hours Day $ 1,800.00 $ -

____________+B_a_n~qu_e_t_.H__allforEach Additional Hour _ Hour , $ 100.00__ $ -

____________-+S::.::h::.::o"-w'--=B_-=arn:.:.:...­__R:::ental Period is 12 Hours ._ Day , $ 900.00 $ - _ Show Bam for Each Additional Hour- _.__. __... Outside Show Bam Equestrian horse Arena

lIour

.oay_

$

$

50.00 $ . __ .. ­ .---_._-----­

200.00 $ -

All Grounds - Non-Concert Event Day $ 1,000.00 $ -

_..... . .

+P"-o"-rt=i=on()!.t~e. Grounds - Non-Concert Even!. _. +A_I1_o_r__Portion of the Grounds - Concert Event

Day Day

i __ J $ _

500.00 ; $ 2,000.00 $

-=_ . =_

40% Discount to be approved by the CC

Total Facility Rental Fees

Day $ 4.300.00 $

I $

-

4,300.00 I Equipment Rental Fees Tables Each/Event : $ 6.00 $ ­

Chai~~-- EachlEvent-·--T-$---- 1.50 .$-------­,

Portable Bleachers EachlEvent 3'$ 20.00 $ Stalls Each $ 15.00 $ . - ---+----------- - ._- .._---- -----r---- ­Pens Each $ 2.00 $

Cattle Ties Each : s 2.00 $-'-'''--- ...~ ---- -- - ­

--fc)tlWalls free if total stalls >100 _ Each $ 15.00 $

---...--.----.----------~~ Equipment Rental Fees Each_f---_.. ! LI.:::.$ -'.m_.

Custodial Fees Luedecke Arena Day " $ --""---t--­ ..--. 600.00 $ ---­___________-+S_k-"-y-,-lin_e_C_'I_u_b__-,----,---_----,­ -,-_D_a-"-y_+__--+--,$ 2_00.00 $ -

__ ~lIe.d_ecke Arena Including Skyline __ .___ _ : _D.'I¥__!.... ~_225cOQ$ n.s:QQ _____ . --+=L-=u.:::.ed=-:e::.::c"'k.e:_-'-'AreI1a Dressin-".g.:::.R::.::o.:::.o"'m=.s______ .._.~D-=a",--y_+-~I_ $ 75_.0_0__$ _ _._7_5_.0_0_

Banquet Hall Day , $ 200.00 $ -

Grounds --·---------+-==S"'ho.:::.w=B:.::a-~~-O~; day horse show event

Day Day

$ 260.00 $ -..­ -T$-- 200.oo--i- ..----­

Show Barn - Two days horse show event 2-Day $ 250.00 $ -

------­ ---------­ -­

850.00 I Other Fees

________________ . ~.v_l'arking with Hook-Ups EacI1. _i_$=--__3:_5.:.()() . $ -

______________ ~~.Parking without Hook-Ups _~_-=E=ac:-=h _. . i $ 20.00 : $ . __-_ Electrical Ilook-Ups for IIOV duplex outlet Each $ 20.00 $ -

_____ _ _ __ _ _ _ _ ---t=E::.::le:::c:.::tn=-=-·Cl1!_110()k__ lJpsfor~~Q\'.duple){o_.:::u-=tl.:::.et=---- . . Each $ 25.00 $ ­Water Connection -- .1. Each I --.- $ 30.00 .$-------::-­Other Each $ ­ $

1,500.00

ORIGINAL CONTRACT

SUM

I

$ 6,650.00

DEPOSIT Non-Refundable = Percent of Original Contract Sum 20% $ 1,330.00

BALANCE To Be Adjusted for Additional Services, If Applicable 2 80% $ 5,320.00

DAMAGES DEPOSIT Refundable - Percent of Facilities Rental 3 20% s 860.00

P~~.!9~G SURCHARGE One-Third of Parking Fees Collected by License.:.e__-+._"";"_+ i .._­4

I. Due at the Time the License Agreement is Signed by the Licesnsee

2. Due 30 Days Prior to COlllmencement ofth:l':.~llt_._. __ . . . .._------+--­ +---_._--_.._~---_.._._-­3. Due One Day Prior to Commencement of the Event !

4. Due upon Ev~nt Conclusion I -r-rc . _'i. ""ro n. ~ _,

Updated 9/22/11, 3:40 p.m.

Travis County Commissioners Court Agenda Request

Meeting Date: September 27, 2011 Prepared By: John Carr Phone :1~54-4772 Division Director/M~1r\EI Khoury, M.S., P.E., Director, FMD

Department Head: Steven M. Manilla, P.E., County Executive-TNR Sponsoring Court Member: County Judge Samuel T. Biscoe

AGENDA LANGUAGE: Consider and take appropriate action on license agreement to use the "Old County Jail" in the Heman Marion Sweatt Courthouse to film scenes for an independent film production on October 1-2, 2011 and October 8-9, 2011.

BACKGROUND/SUMMARY OF REQUEST: Facilities Management Department (FMD) received a request from Ms. Anne LaBarbera, Producer for Pictish Productions LLC, to obtain permission to use the Old Jail at the upper floors of the Heman Marion Sweatt Courthouse. FMD and Ms. Aldredge with the County Attorney's office collaborated on the appropriate license agreement to provide the requested access. The license agreement will provide for up to four days of filming in the Old Jail. The filming will occur over two weekends and the film company will hire off duty FMD Security Guards or off duty Sheriff's deputies to be with the crew during the entire time they are in the facility.

STAFF RECOMMENDATIONS: Facilities Management Department recommends approval of the license agreement attached. This license agreement will allow the film company to use the abandoned 6th and 7th floors of the HMS Courthouse to film movie scenes.

ISSUES AND OPPORTUNITIES: Ms. LaBarbera has signed the license agreement and provided the required proof of insurance coverage. Ms. LaBarbera has also provided a check in the amount of $300 to cover the administrative, utilities, and related costs associated with this agreement. Ms. Peg Leidtke, Director of Court Management with the Civil District Courts, has reviewed the requested access and concurs with the recommendation to approve the license agreement.

FISCAL IMPACT AND SOURCE OF FUNDING: $300 revenue in administrative fees for the license agreement.

Item 32Updated 9/22/11, 3:40 p.m.

ATTACHM ENTS/EXHIBITS: 1. License Agreement 2. Check for $300

REQUIRED AUTHORIZATIONS:

Cynthia McDonald Financial Manager TNR 854-4239 Steve Manilla County Executive TNR 854-9429 Tenley Aldredge Assistant County

Attorney County Attorney's Office

854-9513

cc: Peg Leidtke Director, Courts Mgt Civli District Courts 854-9364 Lt Robert Mills Courthouse Security TCSO 854-9770

9502· Facilities·

Updated 9/22/11, 3:40 p.m.

LICENSE AGREEMENT

STATE OF TEXAS § §

COUNTY OF TRAVIS §

This license Agreement (this "Agreement") is made and entered into by and between Travis County, Texas, a political subdivision of the State of Texas ("County") and Pictish Productions LLC, a Texas limited liability company (IILicensee").

W[rNESSETH

THAT WHEREAS, County is the owner of the Heman Marion Sweatt Courthouse located at 1000 Guadalupe Street, Austin, Texas (the "Property"); and

WHEREAS, Licensee desires to enter and use the Property in connection with an independent film production in and on that portion of the Property known as the "Old County Jail," and County desires to allow Licensee use of the Property for such purpose; and

WHEREAS, Licensee fully understands both the historical significance and the security considerations of the Property and intends to fully cooperate and take whatever steps are necessary to minimize all impacts upon the Property during Licensee's use and to restore said Property to its original condition after Licensee has completed filming.

NOW, THEREFORE, County and Licensee, in consideration of the mutual promises herein expressed and the compensation herein agreed to be paid, covenant and agree to and with each other as follows:

1.0 GRANT OF UCENSE

1.1 County hereby grants a license to Ucensee, its employees, agents, independent producers, contractors, and suppliers to enter, use and by means of film, Video, tape or any other method, photograph and record the follOWing specified areas of the Property in connection with the production of an independent film tentatively entitled "Trust", a synopsis of which scene is attached hereto as Exhibit "A" (the "License"): (i) the upper two floors of the Property, known as the "Old County Jail," together with all necessary adjacent hallways and common areas.

1.2 Such production, and all exhibition, distribution, advertising, and exploitation products or services created or produced in connection therewith, shall be the sole property of Licensee, without exception and in perpetuity, and may be exploited in all media and markets and in all forms, whether known, unknown, or hereafter created. The License includes the right to bring onto the Property and to

247011·1

Updated 9/22/11, 3:40 p.m.

utilize thereon personnel, personal property, materials and equipment, including but not limited to props and temporary sets during the term of the License.

1.3 Licensee agrees to make no structural changes to any portion of the Property licensed hereunder. However, the License allows for superficial preparation to be made to the Property to facilitate Licensee's storyline and production needs as well as the right to use special effects in furtherance of the storyline. Licensee agrees to leave the Property in the same and as good a condition as when it was received, normal wear and tear excepted, as determined by existing County policy.

1.4 Licensee agrees to take all reasonable measures to minimize noise and any other type of interference with or disruption of normal courthouse business for the duration of the license term. Licensee's disregard of courthouse staff requests to reduce the amount of noise or other disturbance caused by Licensee's activities may be grounds for revocation of the License. In addition, Licensee agrees to take particular care with respect to the disconnected drains located in the licensed area, and agrees not to place any liquids or other substances in the drains or to permit any hqulds or other substances to be placed therein.

1.5 Licensee acknowledges and agrees that permission to use the County Property for the purposes described herein may be immediately revoked if the motion picture named above contains any content that, in the opinion of the Travis County Commissioners Court, or any of their designated representatives, is obscene, offensive, defamatory, harassing, malicious or that would reflect adversely on the reputation and dignity of Travis County.

1.6 Licensee acknowledges and agrees that Licensee shall be solely responsible at all times for the actions and the safety of those persons utilizlnq the Property under this Agreement, including, without limitation, protecting such persons from injUry or death and protecting County's property and the property of such persons from loss or damage.

2.0 TERM OF UCENSE

2.1 The License is granted for the followinq two-day periods: Saturday, October 1, 2011 and Sunday, October 2, 2011, and October 8, 2011 to October 9, 2011, beginning at approximately 8:00 a.rn. and terminating at approximately 10:00 p.m.; provided, however, such term is subject to postponement and/or rescheduling due to any cause or reason beyond the control of licensee or as determined to be necessary or convenient by County.

3.0 PAYMENT TO COUNTY

3.1 In consideration of the License granted hereunder, Licensee shall pay to Travis County the amount of THREE HUNDRED AND NOIlOO ($300.00) to cover County's administrative, utilities and related costs.

247011-1 2

Updated 9/22/11, 3:40 p.m.

3.2 In addition, Licensee shall provide, at its own additional expense, and if appropriate given the License scope, traffic control, garbage removal, and security personnel through the employment of the necessary number of off-duty Travis County Sheriff's officers or FMD security personnel (or other qualified security personnel if approved in advance by the Travis County Facilities Management Director) to be present in the licensed areas during Licensee's use of the Property as reasonably necessary to ensure the safety and integrity of the persons and property brought onto the Property for the purposes authorized under this Agreement.

3.3 Licensee shall pay County the sum set forth in this section 3.0 within ten (10) days of execution of this Agreement. If there are any expenses incurred by County above the expenses set forth herein, County shall invoice Licensee for the actual costs so incurred, and Licensee shall remit payment to County for the invoice amounts within thirty (30) days of receipt of invoice(s).

4.0 SMOKING

4.1 THERE SHALL BE NO SMOKING IN THE COURTHOUSE AT ANY TIME. LlCENSEE AGREES NOT TO USE ANY EQUIPrvlENT OR MATERIAL THAT IS INTENDED TO PRODUCE AN OPEN FLAME.

5.0 PERMITS

5.1 Licensee shall be solely responsible for the costs and the securing of any permits required by the City of Austin or other local govemmental entities for use of the Property under this Agreement.

5.2 UCENSEE ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERlY PRIOR TO EXECUTION OF THIS AGREEMEN"f, UCENSEE IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERlY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY COUNlY. UCENSEE AGREES TO ACCEPT THE PROPERlY "AS-IS" AND WITH ALL FAULTS AND WAIVES ALL OBJECTlONS OR CLAIMS IN THIS REGARD AGAINST COUNTY (INCLUDING BUT NOT LIMITED TO ANY RIGHT OR CLAIM OF CONTRIBUTION) ARISING FROM OR RELATED TO THE PROPERlY OR TO ANY HAZARDOUS MATERIALS ON THE PROPERTY. COUNlY WILL NOT BE UABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERT'f, OR THE OPERATION THEREOF FURNISHED BY ANY REAL ESTATE BROKER, AGEN"f, EMPLOYEE, SERVANT OR OTHER PERSON. UCENSEE FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMrnED BY LAW, THE USE OF THE PROPERlY AS PROVIDED FOR HEREIN IS MADE ON AN "AS-IS" CONDmON AND BASIS WITH ALL FAULTS. IT IS UNDERSTOOD AND AGREED THAT THE CONSIDERATION FOR THE USE OF THE PROPERlY HAS BEEN NEGOTIATED TO REFLECT THAT ALL OF THE PROPERlY IS UCENSED BY COUNn' AND ACCEPTED BY UCENSEE IN THE "AS-IS" CONDmON. THIS ACCEPTANCE BY THE UCENSEE SHALL BE AN ACKNOWLEDGMENT THAT THERE

3 247011-1

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IS NO LANDLORDrrENANT RELATIONSHIP ESTABLlSHED BETWEEN COUNTY AND UCENSEE. LlCENSEE HAS NO EXPECfATION OF WARRANTIES AS TO USE OR HABITABILITY OF THE PROPERlY.

6.0 USE AND REPAIRS

6.1 licensee shall not use the Property for any purpose other than that set forth herein. Further, Licensee shall repair or replace any damage to the Property caused by licensee.

7.0 CONTROL OFTRAVIS COUNTY

7.1 licensee shall at all times obey the direction and commands of the Travis County Sheriff and the Executive Manager of the Travis County Administrative Operations Department, or their designated representatives, while on or in the vicinity of the Property.

7.2 Any disregard of the directions, restrictions, rules or regulations referenced in this Section 7 shall be grounds for immediate revocation of the license granted hereunder.

8.0 INDEMNIFICATION

8.1 UCENSEE AGREES TO AND SHALL INDEMNIFY, SAVE AND HOLD HARMLESS, AND DEFEND COUNTY, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL NEGLIGENCE, lIABILI1Y, LOSS, COSTS, CLAIMS, INCLUDING ATTORNEYS FEES, OR EXPENSES OF WHATEVER TYPE OR NAnlRE FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING IN WHOLE OR IN PART OUT OF ANY AND ALLACfS OF COMMISSION OR OMISSION OF UCENSEE, ITS AGENTS OR EMPLOYEES, ARISING OUT OF IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S USE OF THE PROPERlY FOR WHICH A CLAIM, INCLUDING ATTORNEYS FEES, DEMAND, SUIT OR OTHER ACTION IS MADE OR BROUGHT BY ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY AGAINST LlCENSEE ORCOUNTY.

8.2 licensee shall not discharge, leak, or emit, or permit to be discharged, leaked, or emitted, any material into the atmosphere, ground, sewer system, or any body of water, if that material (as is reasonably determined by County, or any governmental authority) does or may pollute or contaminate the same, or may adversely affect (i) health, welfare, or safety of persons, whether located on the Property or elsewhere, or (ii) the condition, use or enjoyment of the building or any other real or personal property. licensee shall immediately notify County of any release of any Hazardous Material on or near the Property whether or not such release Is in a quantity that would otherwise be reportable to a public agency and shall also comply with the notification requirements of any applicable state, local, or federal law or regulation.

247011-1

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9.0 INSURANCE

9.1 Without in any way limiting the liability of Licensee or Its obligations under this Agreement, Licensee agrees to maintain during the term of the License Commercial General Liability Insurance with combined minimum bodily injury and property damage limits of $600,000 per occurrence and $1,000,000 in the aggregate, with Travis County named as an additional insured. Licensee has provided County with a certificate from its carrier evidencing such insurance, which certificate is attached hereto as Exhibit "B" and made a part hereof.

10.0 NON-ASSIGNMENT OF RIGHTS

10.1 Licensee may not assign this Agreement or any portion or right thereof without the prior written consent of County; provided, however, IJcensee shall have the right to grant, assign and transfer all or any part of its right, title and interest in the film production, in whole or in part, induding all copyrights, rights of publicity, trademarks and all other legal interests and rights.

11.0 AMENDMENTS

11.1 This Agreement may be amended only by written instrument signed by both County and Licensee. IT IS EXPRESSLY ACKNOWLEDGED BY UCENSEE THAT NO OFFICER, AGEN"f, REPRESENTAllVE OR EMPLOYEE OF TRAVIS COUNTY HAS ANY AUTHORITY, EITHER EXPRESS OR IMPliED, TO MODIFY OR AMEND THE TERMS OF THIS AGREEMENT UNLESS EXPRESSLY GRANTED THAT SPEOFIC AUTHORIlY BY THE COMMISSIONERS COURT OF TRAVIS COUNTY.

12.0 SAFETY

12.1 County reserves the right to prohibit persons from driVing on, entering or otherwise using the Property at any time safety may be a concern.

13.0 NON-WAIVER AND RESERVATION OF RIGHTS

13.1 No act or omission by Licensor mayconstitute or be construed as a waiver of any breach or default of Licensee which then exists or may subsequently exist. The failure of either party to exercise any right or privilege granted in this Agreement shall not be construed as a waiverof that right or privilege.

13.2 All rights of Licensor under this Agreement are speci'fically reserved and any act or omission shall not impair or prejudice any remedy or right of Licensor under it. Any right or remedy stated in this Agreement shall not preclude the exerdse of any other right or remedy under this Agreement, the law or at eqUity, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies.

s 247011-1

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13.3 Notwithstanding the foregoing, County shall not be entitled for any reason to enjoin or interfere with the distribution, exploitation or exhibition of the motion picture or its advertising or publicizing.

14.0 VENUE AND CHOICE OF LAW

14.1 The obligations and undertakings of each of the parties to this Agreement are performable in Travis County, Texas, and this Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any dispute arising out of this Agreement will lie in the appropriate court of Travis County, Texas.

15.0 NOTICES

15.1 Written Notjce. Any notice required or permitted to be given under this Agreement by one Party to the other shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth in this section for the Party to whom the notice is given, or on the thirel day follOWing mailing if placed in the United States Mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the Party at the address hereinafter specified.

15.2 Ucensee Address. The address of licensee for all purposes under this Agreement shall be:

Anne laBarbera Producer Pietist! Productions, LLC 800 East Bowie Street Luling, TX 78648 (212) 464-7068 [email protected]

15.3 Ucensor Address. The address of licensor for all purposes and all notices under this Agreement shall be:

Honorable samuelT. Biscoe (or successor in office) Travis County Judge P.O. Box 1748 Austin, Texas 78767

15.4 Change of Address. Each Party may change the address for notice to it by giving notice of the change in compliance with this Section.

16.0 MEDIATION

6247011-1

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16.1 When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in §154.073 of the Texas Civil Practice and Remedies Code, unless both parties agree, in Writing, to waive the confidentiality.

17.0 SEVERABILTIY

17.1 If any portion or portions of this Agreement are ruled invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the remainder of it shall remain valid and binding.

18.0 ENTIRETY OF AGREEMENT

18.1 This Agreement represents the sole, entire and integrated Agreement between County and Licensee with respect to the subject matter herein and supersedes all prior negotiations, representatives, or agreements either oral or written.

IN WITNESS WHEREOF, Licensor and Licensee have duly executed this Agreement effective as of the later dateset forth below (the "Effective Date").

TRAVIS COUNTY, TEXAS UCENSEE:

Pictish Productions LLC

By: _ By:k;j ---­samuel 1: Biscoe AnneLaBarbera Travis County Judge Producer

Date: -----­

7247011-1

Updated 9/22/11, 3:40 p.m.

Exhibit A

Project Synopsis

A man and his fiancee are looking at an old jailhouse to turn it into a bed and breakfast when they become trapped inside and are made aware via television feeds that some of the man's loved ones are trapped in other places in the jailhouse. A voice asks the man to "playa game" to gain their freedom.

8247011-1

Updated 9/22/11, 3:40 p.m.

Exhibit B Insurance certificate

(attached)

9247011-1

Updated 9/22/11, 3:40 p.m.

Sep 13 2811 15:85:37 EDT FRO": F2H/61B299782Z5 HSGI 81867499-887-1 PAGE 883 DF 883

~ JPP I DATEIMMIllD/VYVVI ROOlCERTIFICATE OF LIABILITY INSURANCE 09-13-2011

THIS CERTIFICATEIS ISSUED AS A MATTEROF INFORMATION ONLYAND CONFERS NO RIGHTS UPONTHE ceRTIFICATE HOLDER. nils CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATiVeLY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATe OF INSURANCE DOES NOTCONSTITUTE A CONTRACT BETWEEN THE ISSUINGINSURERISI, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If thl certificate holder ill In ADDITIONALINSURED, ttll poUcy(ies' must bl endorsed. If SUBROGATIONIS WAIVED,subject to

the tlrms Bnd conditions of the poDoy. Ollrtuln polioin mBy require em endorsement A statement on this certificate doBS not confer rights to thl certificetl holder In lieu of llUGh IndorlMlmentls},

f'IlQI1U(J6R I ~~~~~CT MAURY DONNELLY & PARR INC/PHS I:A'RNE ( 1 Irt~.NO~ (877)538-8526IC No Elcll: 566 467- B730721336 P: (866) 467-8730 F: (877) 538-85:26

li~o"'~&:PO SOX 29611 ~~~~~·lI.ID,:CHARLOTTE NC 28229

INSURfIIllIIA~PORDINOCOVfIIAOf NAlC' INI1UIIU INIIIRSl A: Sentinel Ina Co LTD

IN'UIIBI B'PICTI6H PRODUCTIONS, LLC INIUftfR C,800 E BOWIE ST INIlURER D : LULING TX 78648 INIlURER E :

INIURfR F'

COVERAGES CERTIFICATE NUMBER' REVISION NUMBER' THIS IS TO CIIITIFY THAT TH! POUCI!! OF INSURANCE USTID ILOW HAVE IUN ISSUED TO THE INSURED NAMED ABOVI FOR THI POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIIED HEREIN IS SUBJECT TO All. THE TERMS. EXCWSIONS ANDCONDITIONS OFSUCH POLICIES, LIMITS SHOWN MAVHAVE IUN REDUCED BYPAID CLAIMS.

Tm ."" (# INSUIIANCI ~- lM~rn UMtrS

61_ LJAIIiUTY EACl1 OCCURR~NC~ 11,000,000-I iiAWisEs ·,i.n:'''~~~''' ••l 11,000,000

f-­COMM£RCIAL G£N~AL LIABILIT'l'

A "XDCLAIMS-MADE 00 OCCVR ""toEX~ IAnv onl ~.Ionl • 10,000

Gen@ral Liab 30 SBM ZJ3527 02/04/2011 02/04/2012 PEfIIONAL.. AOV INJURV .1,000,000r=­

.2,000, 000 f-­

GENERAL ACQRECArs

DOl Aa~~ LIMITA~ PER: PROOUCTS· COMP/OP Aaa 1:2, 000, 000 POLICY ~~gT X lOC I

AurtJIIDIIU LI.UIU1Y COMBINEO &INGLE liMIT 11,000,000f-­ 1ft lodalml

f-­ANYAUTO

IIODILYINJVRV,.. ""lonI I

f-­ALLOWNED AUTO&

BODilY INJURY r. Ic:cl~11\ll I

A - ICHfDVLeD ...UTO' SBM ZJ3527 PROPERTY OAMAGE30 02/04/2011 OO!/O4/2012 I.x IURfD AUTOS lP.ICClCltm,

.K NON-DINNED AUTOS t

• IM/lfWl u.u

~IOCCUR EACH OCCUIIllfNCE I-'ltClSlu.u ClAIMS-MAOf AO(lR~OAn I

I-­O~DUCTIll! • AETENTIDN I t

W ......'r;~rION we 'I I"J:'ANI1lMl4QYlfIfI'UA6IJ/'fY YIN ANY PRDPRIETOMARTN 'IlIEXECUTIV'D NIA !.L. EACHACCIDeNT I OFFICER..,EMB"'EXl:lUDEOl /Ttf~tlNHJ E.l. DIlEASE • £A WPlOYE& t If vel, ~IICllb. un"'" DE&CAJPTION O~ OPERAnONS bolow f.L. OISEASf • fOllCY LIMIT I

MICIIIJ1t7tJN(#_ArroNIIlLtJCAWOASI !llHlCU' /ItluobACCIo1fO 101, AddIIJoMIII....b .......... 1_,,"II '"'I"ftdJ

Those usual to the Insured'S Operations. Waiver of Subrogation applies in favor of Travis County, per the business liability form 560008. Re; October 1st, 2nd, 8th & 9th, 2011.

CERTIFICATE HOLDER CANCELLATION

SHOULDANY OF THE ABOVEDESCRIBED POUCIES BE CANCELLED Travis County BEFORE THE EXI'IRATION DATE THEREOF, NOTICEWILL BE Attn; Tinley Oldridg@ DELIVERED IN ACCORDANCE WITH THEPOUCY PROVISIONS.

AlJ'IH(JlII1!e _r6N'f'A_314 W 11TH ST FL 4 . AUSTIN, TX 78701 7~ I~~

01988·2009 ACORD CORPORATION, All rights relllrvlld,

ACORD 25 /2009/091 The ACORD naml and logo arl rlgistlrld marks of ACORD

Updated 9/22/11, 3:40 p.m.

Updated 9/22/11, 3:40 p.m.

Meeting Date: September 27, 2011

Prepared By/Phone Number:

Elected/Appointed Official/Dept. Head:

Commissioners Court Sponsor:

AGENDA LANGUAGE:

David A. Salazar/854-4107

Sherri E. Fleming, County Executive for Health and Human Services and Veterans Service

Judge Samuel T. Biscoe

Consider and Take Appropriate Action on the Extension and Amendment of Software Pilot Project Interlocal Agreement between the City of Austin, Travis County and Austin Independent School District Regarding Chronic Absenteeism in Public Schools.

BACKGROUND/SUMMARY OF REQUEST AND ATTACHMENTS: On June 29, 2010, the Court approved the County's participation in a pilot program designed to address chronic absenteeism in public schools in partnership with the City of Austin and Austin Independent School District. Part of the recommendations from the Joint Subcommittee included the purchase of advanced software to track information vital to the program. Staff has negotiated terms with the City of Austin and Austin Independent School District.

STAFF RECOMMENDATIONS: Staff recommends extension and amendment of the agreement that had previously been approved by the Court so that the Joint Subcommittee partners can continue work as provided for in the original interlocal.

ISSUES AND OPPORTUNITIES: In 2009, the Joint Subcommittee created two task forces, Truancy + and Student Mobility, to research and formulate recommendations to present to the governing bodies of its partners focusing on student attendance rates

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] .tx.us by Tuesdays at 5:00 p.m. for the next week's meeting.

Item 33Updated 9/22/11, 3:40 p.m.

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Updated 9/22/11, 3:40 p.m.

Meeting Date: September 27, 2011

Prepared By/Phone Number:

Elected/Appointed Official/Dept. Head:

Commissioners Court Sponsor:

AGENDA LANGUAGE:

David A. Salazar/854-4107

Sherri E. Fleming, County Executive for Health and Human Services and Veterans Service

Judge Samuel T. Biscoe

Receive Report from Austin/Travis County Health and Human Services Department on Community Health Assessment and Community Health Improvement Grant.

BACKGROUND/SUMMARY OF REQUEST AND ATTACHMENTS: In 2009, Austin and Travis County were selected as one of 30 sites in the United States to receive a Community Health Improvement Grant targeting the improvement of the quality, awareness and accountability of health and public health services in the communities they serve.

STAFF RECOMMENDATIONS: Staff recommends continued participation from the County in support of developing a Community Health Assessment and in engaging residents of the unincorporated areas of Travis County in all aspects of the Community Health Improvement Grant.

ISSUES AND OPPORTUNITIES: The grant requires that the grantee agency conduct a Community Health Assessment and formulate a Community Health Improvement Plan in collaboration with community member, local government agencies and area hospitals and non-profits to identify and meet the needs of the community.

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m. for the next week's meeting.

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Updated 9/22/11, 3:40 p.m.

Updated 9/22/11, 3:40 p.m.

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, OF‘

Travis County Commissioners Court Agenda Request

Meeting Date: September 27, 2011Prepared BylPhone Number: NormanElectedlAppointed OfficiallDept. Head:Executive, Planning & BudgetCommissioners Court Sponsor: Sam Biscoe, Coi

AGENDA LANGUAGE:

Review and approve the immediate release of reimbursement payment to United HealthCare for claims paid for participants in the Travis County Employee Health Care Fundfor payment of $980,524.90, for the period of September 9 to September 15, 2011.

BACKGROUND/SUMMARY OF REQUEST AND ATTACHMENTS:

See attached.

STAFF RECOMMENDATIONS:

The Director or Risk Manager has reviewed the reimbursement submitted and concurswith the findings of the audits by the Financial Analyst and the Benefits ContractAdministrator and therefore recommends reimbursement of $980,524.90.

ISSUES AND OPPORTUNITIES:

See attached.

FISCAL IMPACT AND SOURCE OF FUNDING:

Employee Health Benefit Fund (526) — $980,524.90

REQUIRED AUTHORIZATIONS:

Dan Mansour, 854-9499Diane Blankenship, 854-9170Leroy Nellis, 854-9106

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as apdf to Cheryl Aker in the County Judge’s office, LA_rco.travjs by Tuesdays at 5:00 p.m.for the next week’s meeting.

Judge

Item 41Updated 9/22/11, 3:40 p.m.

TRAVIS COUNTYRECOMMENDATION FOR TRANSFER OF FUNDS

DATE: September 27, 2011

TO: Members of the Travis County Commissioners Court

FROM: Dan Mansour, Risk Manager

COUNTY DEPT. Human Resources Management Department (HRMD)

DESCRIPTION: United Health Care (UHC) (The Third Party Administrator forTravis County’s Hospital and Self Insurance Fund) hasrequested reimbursement for health care claims paid on behalfof Travis County employees and their dependents.

PERIOD OF PAYMENTS MADE: September 9, 2011 to September 15, 2011

REIMBURSEMENT REQUESTEDFOR THIS PERIOD: $980,524.90

HRMD RECOMMENDATION: The Director or Risk Manager has reviewed thereimbursement submitted and concurs with the findingsof the audits by the Financial Analyst and the BenefitsContract Administrator and therefore recommendsreimbursement of $980,524.90.

Please see the attached reports for supporting detail information.

Updated 9/22/11, 3:40 p.m.

TRAVIS COUNTY

HOSPITAL AND INSURANCE FUND

SUPPORTING DETAIL FOR THE

WEEKLY REIMBURSEMENT REQUEST TO

COMMISSIONERS COURT

FOR THE PAYMENT PERIOD

SEPTEMBER 9,2011 TO SEPTEMBER 15, 2011

Page 1. Detailed Recommendation to Travis County Auditor fortransfer of funds.

Page 2. Chart of Weekly Reimbursements Compared to Budget.

Page 3. Paid Claims Compared to Budgeted Claims.

Page 4. FY Comparison of Paid Claims to Budget.

Page 5. Notification of amount of request from United HealthCare (UHC).

Page 6. Last page of the UHC Check Register for the Week.

Page 7. List of payments deemed not reimbursable.

Page 8. Journal Entry for the reimbursement.

Updated 9/22/11, 3:40 p.m.

TRAVIS COUNTYRECOMMENDATION FOR TRANSFER OF FUNDS

DATE: September 27, 2011TO: Susan Spataro, County AuditorFROM: Dan Mansour, Risk ManagerCOUNTY DEPT. Human Resources Management Department (HRMD)

United Health Care (UHC) (Travis County’s Third Party Administrator for our Self Insured HealthCare Fund) has requested reimbursement for health care claim payments made on behalf of TravisCounty employees and their dependents as follows:

PERIOD OF PAYMENTS PAID:FRI September 9, 2011TO: September 15, 2011

REIMBURSEMENT REQUESTED: $980,524.90

SUPPORTING DETAIL FOR REIMBURSEMENT REQUESTED:

NOTIFICATION OF AMOUNT OF REQUEST FROM UHC*: $ 1,489,157.51

bank withdrawal correction $ (2,850.00)LESS: REIMBURSEMENTS PREVIOUSLY APPROVED BY

CO September 20, 2011 $ (505,917.88)$

Octobers,2OlOadj $ 135.10Adjust to balance per UI-IC $ 0.17

TOTAL CLAIMS REIMBURSEMENT REQUESTED BY UHC FOR TI $ 980,524.90

PAYMENTS DEEMED NOT REIMBURSABLE $ -

TRANSFER OF FUNDS REQUESTED: $ 980,524.90

The claims have been audited for eligibility and all were eligible in the period covered by the claim.

All claims over $25,000 (0 this week totaling $0.00) have been audited for data entry accuracy and thefollowing information is correct for each claim audited: date of service, eligibility, nature of service, name ofand amount billed by provider, amount billed by date and amount paid by UHC.

Fifteen percent (15%) of all claims under $25,000 ($154,772.43) have been audited for data entry accuracy and thefollowing information is correct for each claim identified for this random review: date of service,eligibility, nature of service, name of and amount billed by provider, date and amount paid by UHC. Claims in thisrandom audit met the above requirements but may qualify for more detailed analysis through other resources.

All claims have been reviewed to determine if they have exceeded the $200,000 stop loss limit.For claims that have exceeded the limit, it has been verified that UHC has complied with the contract.This week credits for stop loss and other reimbursements totaled ($42,959.13).

All claims submitted in this transfer have been audited to confirm accuracy of billing and legitimacy ofclaim under the service provisions of the health care contract and all are contractually legitimate, legallyincurred and accurately billed claims.

I certify that all data listed on this recommendation for transfer of funds is correct and that the paymentsshown have been made solely for the purpose of health insurance claims.

q//Diane Blankenship, Director, HRK4D Date• ‘

Dan Mansour, Risk ager Date

7/3//ICm y Purintory’Benefit Contract Administrator te

tØziNorman McRee, Financial Analyst Date

** Agrees to the total payments for this period per the check register received from UHC. Seethe final page of this periods check register attached.

/

Updated 9/22/11, 3:40 p.m.

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Updated 9/22/11, 3:40 p.m.

100.00%

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Comparison of Claims to FY BudgetsWeek 50

Fiscal Years

Updated 9/22/11, 3:40 p.m.

From: <[email protected]>To: <[email protected]. US>Date: 9/16/2011 5:10AMSubject: UHC BANKING REPTSIC

TO: NORMAN MCREE FROM: UNITEDHEALTH GROUPFAX NUMBER: (512) 854-3128 AB5PHONE: (512) 854-3828

NOTIFICATION OF AMOUNT OF REQUEST FOR: TRAVIS COUNTY

DATE: 2011-09-16 REQUEST AMOUNT: $1489.1 57.51

CUSTOMER ID: 00000701254CONTRACT NUMBER: 00701254 00709445BANK ACCOUNT NUMBER: 0475012038 ABA NUMBER: 021000021FUNDING ADVICE FREQUENCY: DAILYFREQUENCY: FRIDAY INITIATOR: CUST METHOD: ACH BASIS: BALANCE

CALCULATION OF REQUEST AMOUNT+ ENDING BANK ACCOUNT BALANCE FROM: 2011-09-15 $1,217,602.01- REQUIRED BALANCE TO BE MAINTAINED: $2,668,041.00+ PRIOR DAY REQUEST: $00.00

UNDER DEPOSIT: $1,450,438.99

+ CURRENT DAY NET CHARGE: $38,718.52+ FUNDING ADJUSTMENTS: $00.00

REQUEST AMOUNT: $1,489,157.51

ACTIVITY FOR WORK DAY: 201 1-09-09

CUST NON NETPLAN CLAIM CLAIM CHARGE0632 $435,550.75 $00.00 $435,550.75

TOTAL: $435,550.75 $00.00 $435,550.75

ACTIVITY FOR WORK DAY: 2011-09-12

CUST NON NETPLAN CLAIM CLAIM CHARGE0632 $254,225.18 $00.00 $254,225.18

Page: 1 of 2

Updated 9/22/11, 3:40 p.m.

UNITED HEALTHCARE CHECK REGISTER FOR TRAVIS COUNTY SUBMITTED 20110915

CHKNBR GRPID CLMACCTNBR ISSDT

938467 701254 11650879 701254 81565667 701254 1

36 701254 040 701254 0

1846028 701254 51620160 701254 81158870 701254 61060448 701254 11158869 701254 61555575 701254 71211993 701254 31615058 701254 2

37 701254 0

TRANS TYPCD TRANSDT WKENDDT— 9/15/2011 9/15/2011

9/15/2011 9/15/20119/15/2011 9/1 5/20 1 1

9/9/2011 9/15/20119/9/2011 9/15/2011

9/15/2011 9/15/20119/15/2011 9/15/20119/15/2011 9/15/20119/15/2011 9/15/20119/15/2011 9/15/20119/15/2011 9/15/20119/15/2011 9/15/20119/15/2011 9/15/2011

9/9/2011 9/15/20119/6/2011 9/15/2011

9/15/2011 9/15/20119/9/2011 9/15/2011

9/15/2011 9/15/20119/15/2011 9/15/2011

CONTRNBR PLNID

701254 632701254 632701254 632701254 632701254 632701254 632701254 632701254 632701254 632701254 632701254 632701254 632701254 632701254 632701254 632701254 632701254 632701254 632701254 632

TRANS ANT SRSDESGNBR-302.64 NN-312.53 NN-324.94 NN-328.62 NN

-331 NN-345.81 NN-363.48 NN-373.53 NN-374.57 NN-374.57 NN-403.89 NN-562.45 NN

-1,062.72 NN-1,188.64 NN-1,425.50 NN-1,651.21 NN-2,036.76 NN-2,471.24 NN

-16,896.79 NN

201508621

3915810301581032

701254701254701254701254701254

01055

980,524.90

Updated 9/22/11, 3:40 p.m.

Travis County Hospital and Insurance Fund - County Employees

UHC Payments Deemed Not Reimbursable

For the payment week ending: 09/15/2011

CLAIM TRANS

CONTR_# TRANS AMT SRS CHK# GRP ACCT# ISS_DATE CODE TRANS_DATE

Total:

9/19/2011 4:14:47 Pill

Updated 9/22/11, 3:40 p.m.

Travis County - Hospital and Self Insurance Fund (526)Journal Entry for the Reimbursement to United Health CareFor the payment week ending: 9/15/2011

TYPE MEMBER TYPE TRANS_AMT

CEPOEE

526-1145-522.45-28 111,420.90

RR

526-1145-522.45-29 12,391.22

Total CEPO $123,812.12EPO

EE

526-1145-522.45-20 217,598.60

RR

526-1145-522.45-21 49,554.19

Total EPO $267,152.79PPo

EE

526-1145-522.45-25 529,732.44

RR

526-1145-522.45-26 59,827.55

Total PPO $589,559.99Grand Total $980,524.90

Monday, September 19, 2011 Page 1 of 1

Updated 9/22/11, 3:40 p.m.

Travis County Commissioners Court Agenda Request

Meeting Date: 9/27/2011Prepared By/Phone Number: Cynthia Lam-Roldan,Elected/Appointed Official/Dept. Head: Leroy NCommissioners Court Sponsor: Judge Bi

AGENDA LANGUAGE:Consider and take appropriate action on proposed routine personnelamendments.

BACKGROUND/SUMMARY OF REQUEST AND ATTACHMENTS:Attached are Personnel Amendments for Commissioners Court approval.

Routine Personnel Actions — Pages 2 — 27.

If you have any questions or comments, please contact Diane Blankenshipat 854-9170 or Todd L. Osburn at 854-2744.

STAFF RECOMMENDATIONS:N/A

ISSUES AND OPPORTUNITIES:N/A

FISCAL IMPACT AND SOURCE OF FUNDING:None.

REQUIRED AUTHORIZATIONS:Todd Osburn, Human Resources Management Department, 854-2744Diane Blankenship, Human Resources Management Department, 854-9170Leroy Nellis, Planning and Budget Office, 854-9106Cheryl Aker, County Judge’s Office, 854-9555

AGENDA REQUEST DEADLINE: AB agenda requests and supporting materials must be submitted as apdf to Cheryl Aker in the County Judge’s office, CheryI.Aker(äco.travis.tx.us by Tuesdays at 5:00 p.m.for the next week’s meeting.

Item 42Updated 9/22/11, 3:40 p.m.

Hun*4n RsoufrMtl)iyJj

1010 Lavaca Street, 2nd Floor • P0.Box 1748 • Austin, Texas 78767 • (512) 854-9165 / FAX(512) 854-4203

September 27, 2011

ITEM #:

DATE:

TO:

VIA:

FROM:

SUBJECT:

September 16, 2011

Samuel T. Biscoe, ty JudgeRon Davis, Co issionpr1 Precinct 1Sarah Eckh t, Corn ssioner, Precinct 2Karen L. ber, C Precinct1,3Margar z,

Lero Nellis, Acti County Executive, Planning and Budget

Attached are Personnel Amendments for Commissioners Court approval.

If you have any questions or comments, please contact Diane Blankenship at 854-9170 orTodd L. Osburn at 854-2744.

LN/DB/TLO

Attachmentscc: Planning and Budget Department

County AuditorCounty Auditor-Payroll (Certified copy)County Clerk (Certified copy)

Weekly Personnel Amendments

Routine Personnel Actions — Pages 2— 5.

FY 12 Temporary Slot Extensions — Pages 6-27.Approval requested to extend temporary slot end dates effective October 1, 2011 HRMD has reviewed appropriatedocumentation; PBO has confirmed FY 12 funding.

* Temporary employees “02” (less than 6 months).* Project workers “05” (more than 6 months, includes Retirement Benefits).* Seasonal employees “06”.

FY 12 Temporary Slot Conversions — Page 15.Approval requested to convert temporary slots from temporary employee (less than 6 months) to project worker(more than 6 months, includes Retirement Benefits). PBO has confirmed FY 12 funding.

Updated 9/22/11, 3:40 p.m.

2

,., Constable’

NEW HIRES.Dept Slot

Constable 67 1 I. .,_.,..l0 61 IStep 1 /$44,291.l05

ITS 111 Systems Engineer I 23 / $65,000.00 23 I $65,000.00

JP Pct 2 27 Court Clerk I 13 I Minimum I $30,238.83 13 I Minimum I $30,238ã

Juvenile 70 Juvenile Probation 15 / Minimum I $34,608.50 15 I Minimum I $34,608.öProbation Ofcrll

TNR 606 Planner 18/$25,507.04 181$25,507.04Part-time

:MF’ :‘*i1 .

Position Tti De HRM,D *JTdmpo7

. :..:;,.. .. Rqüét.... Re,ndS.: Status

P3 J4 r GraI&Saary GraeIaIVi Code

County Judge 20005 ACC Intern 98 I $15.00 98 / $15.00 02

District Atty 50016 Law Clerk II 18 I $20.38 18 I $20.38 05

HRMD 20022 ACC Intern 98/ $15.00 98 I $15.00 02

HRMD 20043 ACC Intern 98/$15.00 98/$15.00 02

Probate Court 50025 Law Clerk I 14/$15.55 14/$15.55 05

TaxCollector 50042 Administrative 11/$12.70 11/$12.70 05Asst_I

Tax Collector 50058 Administrative 11 I $12.70 11 I $12.70 05Asst_I

TNR 50121 SchoolCrossing 11/$13.00 11/$13.00 05Guard

TNR 50202 School Crossing 11 /$13.00 11 /$13.00 05Guard

Stat as4O2)6 ms = 05, includés Retirement Beneflts),

September 27, 2011

Updated 9/22/11, 3:40 p.m.

TRANS,F,ERSiIOL1JNTA.RREASSIGNMENTS I TEMPORARY ASSIGNMENTS ‘ ,________________

iDept Slot —Position Dépt Slot Position k&’ Comiñts 1T11 Ttle4iaiJ1F

County Slot 23234 I Elec Clk County Slot 23253 I Elec Cik Election workerClerk Operations CIk Ill I Clerk Operations Cik IV I reassignment.

Grdl2/$14.00 Grdl4I$16.00County Slot 23253 I Elec Cik County Slot 20297 I Elec CIk Election workerClerk Operations Clk IV / Clerk Operations CIk Ill I reassignment.

Grd 14/$16.00 Grd 12/$14.00

cAF,R.[.APERS-NPN-PPPS‘;.• .... . .

$‘ Dept Slot Current V New CirrêntPropód i cànnienjs4 ‘;‘uä[;, L. .Aflnual c:efttFI,.RMD aJóØT

itiéale Titliré iADistrict 197 Attorney V* Attorney VI $83,188.89 $87,348.33 Career Ladder. Pay is

Atty I Grd 27 I Grd 28 between mm andmidpoint of pay grade.

Juvenile 282 Juvenile Juvenile $30,807.40 $32,347.77 Career Ladder. Pay isProbation Detention Detention between mm and

Ofcr 1* I Ofcr II / midpoint of pay grade.Grdl2 Grdl3

Juvenile 619 Juvenile Juvenile $30,807.40 $32,347.77 Career Ladder. Pay isProbation Detention Detention between mm and

Ofcr 1* / Ofcr 11* I midpoint of pay grade.Grdl2 Grdl3

Pretrial 10 Pretrial Pretrial $39,890.11 $42,682.42 Career Ladder. Pay isServices Ofcrll*/ Ofcrllll between mm and

Grd 16 Grd 17 midpoint of pay grade.Actualvs AuthoriedV j

THIS SECTION LEFT BLANK INTENTIONALLY.

September27, 2011 3

Updated 9/22/11, 3:40 p.m.

County Slot 127 I Court County Slot 127 I Court Salary adjustment. P7Clerk Clerk II I Grd 15 I Clerk Clerk II I Grd 15 / is between mm and

$40,824.74 $42,865.98 midpoint of pay grade.County Slot 130 / Court County Slot 130 / Court Salary adjustment. P1Clerk Clerk I I Grd 13 I Clerk Clerk I I Grd 13 I is between midpoint and

$35,785.33 $37,574.60 max of pay grade.County Slot 135 / Court Svcs County Slot 135 / Court Svcs Salary adjustment. PayClerk Mgmt Admin Coord / Clerk Mgmt Admin Coord I is between midpoint and

Grd 18 I $46,200.44 Grd 18 / $54,627.02 max of pay grade.District Slot 200 / Investigator District Slot 155 / Investigator POPS lateral transfer.

Atty I Grd 67 / $70,440.03 Atty I Grd 67 / $70,440.03 Employee transferred todifferent slot, sameposition, samedepartment, same paygrade, retains currentpay.

District Slot 2 / Chief Deputy District Slot 2 / Chief Deputy Salary adjustment. PayClerk District Clerk I Grd 30 Clerk District Clerk I Grd 30 is between mm and

I $100,849.66 I $106,940.00 midpoint of pay grade.District Slot 114 / Financial District Slot 114/ Financial Salary adjustment. PayClerk Mgr / Grd 24 / Clerk Mgr / Grd 24 / is between mm and

$77,216.68 $81,000.00 midpoint of pay grade.Juvenile Slot 195 I Juvenile Juvenile Slot 539 / Juvenile Promotion. Pay is

Probation Probation Ofcr II / Probation Probation Ofcr Ill I between mm andGrd 15 / $35,996.36 Grd 16 / $37,796.18 midpoint of pay grade.

Juvenile Slot 526 I Accountant Juvenile Slot 526 I Accountant Salary adjustment. PayProbation Assoc I Grd 13 I Probation Assoc I Grd 13 I is between midpoint and

$37,042.72 $37,968.34 max of pay grade.Juvenile Slot 551 / Juvenile Juvenile Slot 294 / Juvenile Promotion. Pay is at

Probation Probation Ofcr Asst / Probation Probation Ofcr 1* I minimum of pay grade.Grd 121$28,323.10 Grd 14/$32,345.46

TNR Slot 237 I Road Maint TNR Slot 524 / Equipment Promotion. Pay isWorker / Grd 8 / Operator I Grd 10 I between midpoint and$27,643.20 $31,075.20 max of pay grade.

TNR Slot 427 / Road Maint TNR Slot 365 / Equipment Promotion. Pay isWorker / Grd 8 / Operator / Grd 10 / between midpoint and$27,186.80 $34,394.88 max of pay grade.ithàrl.od

County Slot J/C - t CountyClerk Asst I Grd 11 / Clerk

$29,620.40

t109/Court r-i notion. PayisClerk I I Grd 13 / between mm and$34,777.60 midpoint of pay grade.

September 27, 2011 4

Updated 9/22/11, 3:40 p.m.

AD HOC CLASSIFICATION CHANGES

_______

Current HRMD RecommendsDept. Slot # Auth Position FLSA Pay Position FLSA Pay

Title I Position # Grade Title I Position # Grade

District Clerk 18 Court Clerk Ill NE 15 Court Clerk II Sri NE 1615747 16748

District Clerk 7* Office Asst / 8793 NE 8. Business Analyst Ill /

District Clerk 130* Court Clerk II / NE 15 25878 E 2515747

ITS 36 Admin Associate / NE 14 Executive Asst / E 1614506 16520

ITS 55 Financial Analyst E 22 Financial Manager / E 24Leadi22013 24014

Departments request in order to meet departmental needs. P80 has confirmed fundingavailable. *Combining two slots into one slot.

THIS SECTION LEFT BLANK INTENTIONALLY.

September 27, 2011 5

Updated 9/22/11, 3:40 p.m.

20080, 20081, 20084, 20085,20086, 20087, 20088, 20090,20091, 20092, 20095, 20096,20097, 20098, 20099, 20100,20101, 20102, 20103, 20104,

20105, 20106, 20107, 20108,20109, 20110, 20111, 20112,20113, 20114, 20116, 20117,20118, 20124, 20125, 20126,20127, 20128, 20129, 20151,

20152, 20155, 20156, 20161,20162, 20167, 20169, 20170,20171, 20180, 20181, 20182,20184, 20185, 20186, 20187,20188, 20192, 20193, 20198,

20199, 20200, 20203, 20204,20205, 20207, 20209, 20210,20211, 20213, 20215, 20216,20217, 20219, 20221, 20223,20226, 20227, 20233, 20234,

20235, 20237, 20238, 20240,20241, 20250, 20251, 20252,20253, 20254, 20255, 20256,20257, 20258, 20261, 20262,20263, 20264, 20267, 20268,

Constable 5

County Clerk 20005, 20006, 20012, 20013, Elec 01k Erly Vting Cik20014, 20015, 20018, 20019,20020, 20021, 20024, 20025,20068, 20072, 20073, 20075,20076, 20077, 20078, 20079,

September 27, 2011 6

Updated 9/22/11, 3:40 p.m.

20300, 20301, 20303, 20304,20305, 20307, 20310, 20312,20315, 20316, 20319, 20321,20325, 20327, 20332, 20333,20335, 20337, 20339, 20340,

20342, 20343, 20344, 20345,20346, 20348, 20349, 20350,20351, 20352, 20353, 20355,20357, 20358, 20359, 20360,20361, 20447, 20448, 20450,

20451, 20453, 20455, 20456,20457, 20458, 20460, 20461,20462, 20463, 20464, 20465,20467, 20479, 20482, 20486,20489, 20492, 20494, 20495,

20498, 20504, 20505, 20507,20510, 20511, 20512, 20514,20515, 20516, 20517, 20521,20523, 20524, 20525, 20527,20528, 20529, 20530, 20532,

20534, 20535, 20537, 20538,20539, 20542, 20550, 20551,20552, 20553, 20554, 20555,20556, 20557, 20559, 20560,20562, 20563, 20564, 20565,

20567, 20568, 20578, 20580,20582, 20595, 20596, 20598,20599, 20604, 20605, 20607,20611, 20612, 20614, 20615,20616, 20617, 20618, 20620,

CountyClerk (1,. 3,20277, 20279, 20280, 20282,20283, 20286, 20287, 20288,20289, 20290, 20292, 20293,20294, 20295, 20296, 20298,

September 27, 2011 7

Updated 9/22/11, 3:40 p.m.

________

t,12 TEMppR LOT XTNSlqJS ,T qRARYEMPLoYEES$‘i A!l4ik 4

si

________

County Clerk 20622, 20624, 20625, 20629, Elec CIk Erly Vting Cik20630, 20633, 20635, 20636,20637, 20638, 20639, 20640,20641, 20642, 20644, 20645,20647, 23015, 23073, 23074,

23079, 23081, 23083, 23085,23089, 23090, 23091, 23092,23093, 23097, 23098, 23099,23100, 23103, 23105, 23106,23108, 23109, 23110, 23111,

23113, 23114, 23115, 23116,23117, 23118, 23119, 23121,23123, 23125, 23126, 23128,23131, 23132, 23133, 23134,23135, 23136, 23137, 23138,

23139, 23142, 23143, 23144,23147, 23148, 23149, 23153,23154, 23158, 23159, 23161,23162, 23163, 23164,23165,23170, 23175, 23178, 23180,

23182, 23183, 23187, 23188,23193, 23197, 23198, 23204,23208, 23214, 23217

County Clerk 20366, 20368, 20369, 20370, Elec 01k Erly Vting Deputy20373, 20374, 20377, 20378,20379, 20380, 20381, 20382,20383, 20384, 20385, 20388,20389, 20390, 20391, 2032,

20394, 20397, 20398, 20400,20401, 20402, 20403, 20405,20407, 20413, 20475, 20485,20487, 20488, 20493, 20501,20508, 20520, 20653, 23014,

September 27, 2011 8

Updated 9/22/11, 3:40 p.m.

County Clerk

County Clerk

-,__ , _,

23026, 23027, 23028, 23029,23030, 23031, 23033, 23042,23043, 23045, 23046, 23049,23051, 23052, 23053, 23055,

23059, 23066, 23067, 23068,23069, 23070, 23075, 23077,23166, 23169, 23174, 23177,23202, 23203, 23205, 23206,23209, 23210

20053, 20054, 20055, 20058,20060, 20157, 20160, 20313,20314, 20330, 20411, 20412,20414, 20419, 20422, 20424,20426, 20427. 20428, 20429,

20431, 20433, 20434, 20435,20436, 20444, 20446, 20454,20481, 20484, 20571, 20574,20575, 20602, 20656, 20659,20661, 20665. 23016, 23018,

23071, 23076, 23078, 23088,23096, 23150, 23151, 23152,23156, 23157, 23181, 23212,23229, 23230

20093, 20094, 20119, 20153,20165, 20189, 20190, 20222,20239, 20259, 20285, 20291,20297, 20317, 20322, 20326,20338, 20354, 20437, 20440,

20522, 20531, 20540, 20579,20600, 20601, 20606, 20610,20631, 23037, 23038, 23039,23041, 23044, 23058, 23060,23064. 23065, 23072, 23101,

Elec Ck Operations Cik II

Elec Cik Operations Cik Ill

EMPI

County Clerk Cik Erly Vting Deputy

September 27, 2011 9

Updated 9/22/11, 3:40 p.m.

‘-,,.- zj.Iuf,jiu,uJu,

23167, 23173, 23184, 23185,23186, 23189, 23190, 23191,23192, 23194, 23196, 23199,23201, 23207, 23211, 23213,

2321 5, 23234, 23235, 23236,23240, 23241, 23242, 23246,23249, 23250, 23251, 23254,23261, 23262, 23263, 23265,23266, 23267, 23269, 23270,

23272, 23275, 23276, 23279,23280, 23282, 23283, 23284,23286, 23288, 23289, 23292,23293

County Clerk 20441, 20442, 23253 Elec Clk Operations Cik IV

County Judge 20005 ACC Intern

CSCD 20018 Office Spec

Facilities Management 2001 0, 20027, 20069, 20070, Custodian20075

Facilities Management 20020, 20025 Groundskeeper

HRMD 20022, 20043 ACC Intern

ITS 20006 ACC Intern

PBO 20023 Financial Analyst Sr

Purchsg & Inventory Mgmt 20006 PUR Purchasing Agent Asst IV

Purchsg & Inventory Mgmt 20005 PUR Purchasing Supprt Spec I

Records Mang & Comm Resrc 20009 ACC Intern

IONS. - .

county Clerk - Operations Cik III

September 27, 2011 10

Updated 9/22/11, 3:40 p.m.

Records Mang & Comm Resrc 20004 Law Librarian

Records Mang & Comm Resrc 20006 Office Asst

Civil Courts 5u..,uD, .u014, 0l6, Court E.....,_____________________________ 50024Civil Courts 50022 Court Operations Ofcr

Constable 3 50008, 50013 Court Clerk I

Constable 3 50010, 50012 Deputy Constable

County Clerk 50123 Commissioners Court Spec

County Clerk 50060 Court Clerk Asst

County Clerk 50592 Customer Support Analyst I

County Clerk 50006 Elec Clk Operations 01k IV

County Clerk 50050, 50051, 50052, 50053, Office Asst50054, 50055, 50056, 50057,50058, 50059, 50065, 50224,50590, 50591

County Clerk 50594 Records Analyst

County Clerk 50593 Records Analyst Assoc

20003, 20005, 20007, 20008 Imaging Production Tech

September 27, 2011 11

Updated 9/22/11, 3:40 p.m.

Criminal Courts 50029 Judicial Aide

CSCD 50025 Custodian

CSCD 50018 Probation OfcrAsst

CSCD 50016 Probation Officer Sr

CSCD 50013, 50014, 50015, 50024 Social Svcs Aide

District Clerk 50031 Court Clerk Asst

Facilities Management 50076, 50077, 50078, 50079, Building Operations Worker50082, 50083

Facilities Management 50003, 50004, 50009, 50010, Building Security Guard50015, 50051, 50052, 50065,50066, 50067, 50068

Facilities Management 50053, 50054, 50055, 50056, Custodian50057, 50058, 50059, 50060,50061, 50062, 50063, 50064,50081

Facilities Management 50070 Office Spec

HRMD 50003 Registered Nurse II

ITS 50001 Contract Compliance Spec

ITS 50007 Planner Mgmt Rsrch Asst

Justice of Peace 2 50025 Accounting Clerk

Justice of Peace 2 50007 Court Clerk I

Justice of Peace 2 50005 Court Clerk II Sr

Justice of Peace 3 50003 Office Asst

.,riminal - rts Court Bailiff

September 27, 2011 12

Updated 9/22/11, 3:40 p.m.

F....t

4k*

;;ç

:

Juvenile Probation ng Maint Worker

Juvenile Probation 50002, 50104, 50105, 50185 Cook

Juvenile Probation 50178 Custodian

Juvenile Probation 50038, 50045, 50050, 50086, Juvenile Detention Ofcr Asst50109, 50111, 50141, 50142,50148, 50150, 50151, 50155,50157, 50158, 50159, 50161,50163, 50164, 50166, 50167,

50168, 50171, 50173, 50190,50192, 50193, 50194, 50209,50312, 50313, 50314, 50315,50316, 50321, 50322

Juvenile Probation 50064, 50083, 50110, 50112, Juvenile Rsdntl Trt OfcrAsst50113, 50114, 50115, 50116,50117, 50118, 50119, 50120,50123, 50124, 50126, 50127,50128, 50129, 50130, 50132,

50133, 50136, 50137, 50138,50139, 50140, 50188, 50189,50208

Juvenile Probation 50108 Laundry Attendant

Juvenile Probation 50182 Licensed Vocational Nurse

Juvenile Probation 50317 Office Asst

Juvenile Probation 50318 Planner Sr

Juvenile Probation 50310 Registered Nurse II

pretrial Services 50005 Pretrial Ofcr Sr

Probate Court 50021, 50023 Accountant Assoc

September 27, 2011 13

Updated 9/22/11, 3:40 p.m.

Purchsg & Inventory Mgmt 50001 PUR Fixed Asset Assoc

Records Mang & Comm Resrc 50006, 50007, 50008 Attorney I

Records Mang & Comm Resrc 50012 Imaging Production Tech

Records Mang & Comm Resrc 50010 Law Librarian

Records Mang & Comm Resrc 50009, 50011 Office Spec

Tax Collector 50013, 50014, 50042, 50044, Administrative Asst I50053, 50054, 50056, 50057,50058, 50064, 50067, 50091,50112

Tax Collector 50111 Planner Mgmt Rsrch Asst

TCCES 50005, 50006, 50007, 50008, Counselor50009, 50013, 50014, 50016,50017, 50019, 50020, 50021,50023, 50024, 50030, 50031,50033, 50035, 50036, 50039,

50041, 50042, 50044, 50051,50054, 50055, 50056, 50058,50075, 50129, 50131, 50134,50137, 50141, 50144, 50170

TCCES 50003, 50004, 50060, 50062, Office Spec50064, 50065, 50066, 50067,50068, 50098

TCCES 50171 Social Svcs Dir

September 27, 2011 14

Updated 9/22/11, 3:40 p.m.

• • :1. •.)/•• i.’.’4• •-•‘ •H-’ ••; •.: . V’ k j;

( 1)21EMPORAR SLOT STA1 cODECbNVESION FOM TEMPO AR EMpLOYEESPROJECT

____________________________

fjCounty Commissioner Pct 4 50002 Office Spec Sr

Criminal Justice Planning 50008 Social Svcs Program Spec Assoc

HRMD 50034 Physician I Temp

PBO 50021 Financial Analyst Sr

Probate Court 50026 Law Clerk I

THIS SECTION LEFT BLANK INTENTIONALLY.

September 27, 2011 15

Updated 9/22/11, 3:40 p.m.

TEMPORIRY SLOT EXTENSIONS - TEMPORAF,MPLOYEES “O’6JSiATVS/

tpqsLnijtie

County Clerk 90011, 90021, 90034, 900 1, Elec Clk-Elc Wk Other90050, 90058, 90065, 90066,90082, 90084, 90088, 90097,90098, 90101, 90103, 90105,90112, 90118, 90121, 90136,

90138, 90139, 90140, 90150,90179, 90191, 90192, 90198,90200, 90217, 90226, 90233,90234, 90242, 90244, 90245,90257, 90258, 90260, 90262,

90267, 90268, 90282, 90284,90305, 90309, 90373, 90389,90457, 90472, 90475, 90476,90484, 90485, 90486, 90490,90500, 90503, 90507, 90510,

90517, 90520, 90522, 90527,90532, 90535, 90537, 90540,90546, 90557, 90560, 90570,90582, 90618, 90739, 90812,90829, 90832, 90838, 90866,

90873, 90882, 90887, 90893,90894, 90900, 90905, 90915,90917, 90931, 90932, 90935,90940, 90942, 90943, 90949,90952, 90954, 90966, 90971.

90976, 90988, 90997, 91006,91009, 91016, 91018, 91020,91022, 91031, 91032, 91042,91062, 91063, 91067, 91077,91078, 91093, 91103, 91115,

91133, 91160, 91163, 91169,91180, 91185, 91190, 91193,91198, 91200, 91202, 91206,91210, 91211, 91212, 91217,91221, 91228, 91229, 91230,

September27, 2011 16

Updated 9/22/11, 3:40 p.m.

J, J IL , 912 -.

91241, 91244, 91247, 91274,91280, 91287, 91291, 91299,91301, 91303, 91304, 91305,91307, 91308, 91313, 91314,

91318, 91321, 91326, 91328,91329, 91331, 91333, 91334,91335, 91336, 91338, 91339,91340, 91341, 91343, 91344,91345, 91346, 91347, 91348,

91349, 91350, 91352, 91356,91357, 91358, 91362, 91363,91364, 91365, 91367, 91368,91369, 91370, 91373, 91374,91376, 91377, 91378, 91379,

91382, 91383, 91385, 91386,91387, 91390, 91391, 91392,91393, 91395, 91400, 91401,91403, 91404, 91405, 91409,91413, 91414, 91415, 91417,

91421, 91422, 91423, 91424,91428, 91429, 91430, 91432,91433, 91435, 91436, 91437,91438, 91439, 91441, 91442,91443, 91444, 91447, 91449,

91451, 91452, 91453, 91455,91456, 91458, 91459, 91464,91466, 91467, 91468, 91469,91470, 91472, 91474, 91476,91477, 91479, 91484, 91485,

91487, 91488, 91490, 91491,91493, 91496, 91497, 91498,91499, 91500, 91501, 91502,91503, 91504, 91507, 91509,91510, 91512, 91513, 91515,

c-EIc Wk L)1.

September 27, 2011 17

Updated 9/22/11, 3:40 p.m.

91526, 91527, 91529, 91530,91531, 91532, 91533, 91534,91535, 91537, 91538, 91539,91540, 91541, 91543, 91544,

91545, 91546, 91548, 91550,91553, 91556, 91557, 91559,91561, 91563, 91564, 91565,91567, 91569, 91573, 91575,91576, 91578, 91582, 91583,

91584, 91585, 91586, 91587,91590, 91591, 91593, 91594,91595, 91596, 91597, 91598,91599, 91600, 91601, 91604,91605. 91606, 91608, 91609.

91612, 91613, 91614, 91615,91619, 91620, 91621, 91623,91624, 91625, 91626, 91627,91629, 91630, 91631, 91633,91634, 91635, 91636, 91638.

91639, 91640, 91641, 91642,91643, 91644, 91645, 91646,91647, 91648, 91650, 91652,91654, 91655, 91656, 91658,91660, 91662, 91663, 91664,

91665, 91666, 91667, 91668,91669, 91670, 91672, 91674,91675, 91679, 91680, 91683,91684, 91685, 91686, 91687,91688, 91689, 91691, 91693,

91695, 91696, 91697, 91698,91699, 91700, 91701, 91702,91703, 91704, 91705, 91706,91707, 91708, 91709, 91710,91711, 91712, 91713, 91715,

EE)C1 N.S T’

County Wk Other

September 27, 2011 18

Updated 9/22/11, 3:40 p.m.

91742, 91743, 91744, 91745,91746, 91747, 91748, 91751,91752, 91753, 91756, 91757,91 758, 91759, 91760, 91763,91764, 91765, 91767, 91769,

91770, 91773, 91775, 91776,91777, 91779, 91782, 91785,91786, 91788, 91789, 91792,91793, 91794, 91795, 91796,91798, 91799, 91801, 91802,

91803, 91806, 91807, 91809,91810, 91812, 91813, 91814,91815, 91816, 91817, 91818,91819, 91820, 91821, 91822,91824, 91825, 91827, 91829,

91832, 91833, 91836, 91837,91840, 91842, 91843, 91844,91845, 91846, 91847, 91848,91849, 91850, 91851, 91852,91853, 91855, 91856, 91857,

91860, 91861, 91862, 91864,91865, 91866, 91867, 91870,91871, 91872, 91873, 91874,91875, 91876, 91877, 91878,91879, 91880, 91881, 91884,

91885, 91886, 91887, 91888,91889, 91891, 91892, 91893,91894, 91895, 91896, 91897,91898, 91899, 91901, 91902,91904, 91906, 91908, 91909,

i a’ i 7, i i i

91722, 91724,91728, 91729,91732, 91733,91736, 91737,

91725,91730,91734,91740,

911,91726,91731,91735,91741,

c WkOther

September 27, 2011 19

Updated 9/22/11, 3:40 p.m.

FY12 TEMPORARY SLOT EXTENSIONS TEMPORARY EMPLOYEES O6” STATUS

jepartnient

v, c.j ..

County Clerk 91910. 9 911. 91913. 91915, Elec Clk-Elc Wk Other91917, 91918, 91920, 91922,91924, 91928, 91930, 91931,91932, 91933, 91934, 91936,91938, 91939, 91940, 91941,

91944, 91945, 91946, 91947,91948, 91950, 91952, 91954,91955, 91956, 91957, 91958,91959, 91960, 91961, 91962,91963, 91964, 91965, 91966,

91967, 91968, 91969, 91970,91971, 91972, 91974, 91975,91977, 91978, 91980, 91982,91983, 91984, 91985, 91986,91987, 91989. 91990, 91991,

91992, 91993, 91994, 91995,91997, 91998, 91999, 92000,92001, 92006, 92007, 92008,92009, 92011, 92012, 92013,92014, 92015, 92018, 92022,

92023, 92024, 92025, 92027,92028, 92030, 92031, 92033,92034, 92036, 92037, 92038,92039, 92040, 92041, 92042,92043, 92044, 92047, 92050.

92051, 92052, 92054, 92055,92057, 92059, 92061, 92062,92063, 92065, 92067, 92068,92069, 92070, 92071, 92073,92074, 92075, 92076, 92078,

92079, 92082, 92083, 92084,92085, 92086, 92087, 92088,92089, 92090, 92091, 92093,92094, 92095, 92097, 92098,92100, 92101, 92286, 92288,

September 27, 2011 20

Updated 9/22/11, 3:40 p.m.

92315, 92317, 92321,92323, 92325, 92326,92328, 92329, 92330,92332, 92333, 92334,92336, 92337, 92338,

92443, 92446, 92447, 92448,92449, 92450, 92451, 92452,92453, 92454, 92455, 92456,92457, 92458, 92459, 92460,92461, 92462, 92463, 92464,

92294, 92295, 92296,92299, 92300, 92301,92303, 92304, 92305,92309, 92311, 92312,

92298,92302,92308,92314,

92322,92327,92331,92335,92339,

92342, 92344, 92345,92349, 92350, 9235192354, 92358, 92359,92362, 92364, 92365,92373, 92374, 92375,

92340,92347,92352,92360,92372,

92376,92382,92388,92392,92396,

92377,92383,92389,92393,92397,

92379, 92381,92384, 92387,92390, 92391,92394, 92395,92398, 92399,

92402, 92403,92406, 92407,92410, 92411,92415, 92416,92419, 92420,

92423, 92424,92427, 92428,92432, 92433,92437, 92438,92441, 92442,

92400, 92401,92404, 92405,92408, 92409,92413, 92414,92417, 92418,

92421, 92422,92425, 92426,92429, 92430,92434, 92435,92439, 92440,

September27, 2011 21

Updated 9/22/11, 3:40 p.m.

ji:

___________

IFY i2 TEMPORiRY SLOT EXtENSION - TEMPORAY, EMPLOYEES ‘Q6” TATti1

____

IL ‘r’

grtJnent

___

Slot

____

tusitioTitle

County Clerk 92465, 92 66, 92467, 92468, Elec Clk-Elc Wk Other92469, 92470, 92471, 92472,92473, 92474, 92475, 92477,92478, 92479, 92481, 92482,92483, 92484, 92485, 92486,

92488, 92489, 92490, 92491,92492, 92493, 92494, 92495,92496, 92497, 92498, 92499,92500, 92501, 92503, 92504,92505, 92506, 92507, 92508,

92509, 92510, 92511, 92512,92513, 92514, 92515, 92516,92517, 92518, 92519, 92520,92521, 92522, 92523, 92524,92525, 92526, 92527, 92528,

92529, 92530, 92531, 92532,92533, 92534, 92535, 92536,92537, 92538, 92539, 92540,92541, 92542, 92543, 92544,92545, 92546, 92547, 92548,

92549, 92550, 92551, 92552,92555, 92556, 92557, 92558,92559, 92560, 92561, 92562,92563, 92565, 92568, 92569,92570, 92571, 92572, 92573,

92574, 92575, 92576, 92577,92578, 92579, 92580, 92581,92582, 92583, 92584, 92585,92586, 92588, 92589, 92590,92591, 92592, 92593, 92594,

92595, 92597, 92598, 92599,92600, 92602, 92603, 92604,92605, 92606, 92607, 92608,92609, 92610, 92611, 92612,92613, 92614, 92615, 92616,

September 27, 2011 22

Updated 9/22/11, 3:40 p.m.

Inl* 12 TEMPORARY SLOT EXTENSION (TEMPORARY EMP1OEES Ô6STATUSr

. I p

________

County Clerk 926 7, 92618, 92619, 92620, Elec Cik EIc Wk Other92621, 92622, 92623, 92624,92625, 92627, 92628, 92630,92631, 92632, 92633, 92634,92635, 92637, 92638, 92639,

92640, 92641, 92642, 92643,92644, 92645, 92646, 92649,92650, 92651, 92652, 92653,92654, 92657, 92658, 92659,92660, 92661, 92662, 92663,

92664, 92665, 92666, 92667,92670, 92671, 92673, 92674,92675, 92676, 92677, 92678,92679, 92680, 92681, 92682,92683, 92684, 92685, 92687,

92688, 92689, 92690, 92692,92693, 92694, 92695, 92696,92697, 92698, 92699, 92700,92701, 92702, 92703, 92704,92705, 92706, 92708, 92709,

92710, 92711, 92712, 92713,92714, 92715, 92716, 92717,92718, 92719, 92720, 92722,92723, 92724, 92725, 92726,92727, 92729, 92730, 92731,

92732, 92733, 92734, 92735,92736, 92737, 92738, 92740,92741, 92742, 92743, 92744,92745, 92746, 92747, 92749,92750, 92751, 92752, 92753,

92754, 92755, 92756, 92757,92758, 92759, 92760, 92761,92762, 92763, 92764, 92765,92766, 92767, 92768, 92769,92771, 92772, 92773, 92775,

September 27, 2011 23

Updated 9/22/11, 3:40 p.m.

FY12 TEMPORARY SLOT. EXTENSIONS - TEMPORARY E1VIPLOYEES “06” STATUSp.,

j.aiirnent. SlottIPTTtII

County Clerk 92776. 92777: 92778. 92779. Elec CIk-EIc Wk Other92780, 92781, 92782, 92784,92785, 92786, 92787, 92788,92791, 92792, 92793, 92794,92795, 92796, 92797, 92798,

92799, 92800, 92801, 92802,92803, 92804, 92805, 92807,92808, 92809, 92810, 92811,92812, 92813, 92814, 92815,92816, 92817, 92818, 92819,

92820, 92821, 92822, 92823,92824, 92825, 92826, 92827,92828, 92829, 92830, 92831,92832, 92833, 92834, 92835,92836, 92837, 92838, 92839,

92840, 92841, 92842, 92843,92844, 92845, 92846, 92847,92848, 92849, 92850, 92851,92852, 92853, 92855, 92856,92857, 92858, 92859, 92860,

92861, 92862, 92864, 92866,92867, 92868, 92869, 92870,92871, 92872, 92873, 92874,92875, 92876, 92877, 92878,92879, 92880, 92882, 92883,

92884, 92885, 92887, 92888,92889, 92890, 92891, 92892,92893, 92894, 92895, 92896,92897, 92899, 92900, 92901,92902, 92903, 92904, 92905,

92906, 92907, 92908, 92909,92910, 92911, 92914, 92915,92916, 92920, 92921, 92922,92923, 92924, 92925, 92926,92927, 92928, 92929, 92930,

September 27, 2011 24

Updated 9/22/11, 3:40 p.m.

92959, 92961, 92962, 92963,92964, 92965, 92967, 92969,92970, 92972, 92974, 92977,92978, 92980, 92982, 92983,92984, 92985, 92987, 92988,

92989, 92990, 92991, 92993,92994, 92995, 92996, 92997,92998, 92999, 93015, 93016,93018, 93019, 93020, 93021,93022, 93024, 93025, 93027,

93028, 93029, 93030, 93100,93103, 93104, 93105, 93106,93108, 93109, 93110, 93111,93112, 93113, 93115, 93116,93117, 93118, 93119, 93121,

93122, 93124, 93125, 93126,93127, 93128, 93129, 93130,93131, 93133, 93134, 93135,93136, 93137, 93138, 93139,93141, 93143, 93144, 93147,

93148, 93149, 93150, 93151,93153, 93154, 93155, 93156,93157, 93158, 93160, 93161,93162, 93163, 93164, 93165,93166, 93167, 93168, 93169,

93170, 93171, 93172, 93174,93175, 93176, 93178, 93180,93181, 93182, 93184, 93185,93187, 93188, 93190, 93191,93192, 93193, 93194, 93195,

“OSLO EXTENSIONS

County Clerk92935,92939,92944,92952.

_c 01k-Etc Wk Other92936, 92937,92940, 92941,92945, 92948,92953, 92954,

92938,92942,92951,92958,

September 27, 2011 25

Updated 9/22/11, 3:40 p.m.

93196, ,J197, 931,93200, 93201, 93204, 93205,93206, 93207, 93208, 93210,93211, 93212, 93213, 93215,93217, 93218, 93219, 93220,

93221, 93222, 93223, 93224,93225, 93230, 93232, 93233,93238, 93239, 93241, 93244,93249, 93250, 93252, 93253,93254, 93257, 93258, 93261,

93263, 93265, 93266, 93267,93268, 93269, 93277, 93279,93282, 93288, 93289, 93291,93294, 93295, 93297, 93301,93303, 93304, 93305, 93306,

93310, 93311, 93315, 93316,93317, 93318, 93319, 93323,93326, 93328, 93330, 93331,93333, 93336, 93337, 93338,93340, 93345, 93346, 93352,

93354, 93360, 93365, 93367,93368, 93369, 93370, 9337193372, 93373, 93377, 93379,93382, 93384, 93388, 93391,93392, 93393, 93398, 93401,

93404, 93406, 93407, 93411,93413, 93416, 93417, 93418,93419, 93420, 93421, 93425,93426, 93427, 93428, 93430,93431, 93433, 93434, 93437,

93441, 93444, 93448, 93450,93452, 93454, 93455, 93472,93473, 93495, 93523, 93542,93543, 93585, 93587, 93589,93590, 93596, 93720, 93738,

‘:STATUS

.‘ositioni1tIe

Wk Other

TEMPORARY EMPU

September 27, 2011 26

Updated 9/22/11, 3:40 p.m.

93756,93800,93895,94004,94094,

94163,94525,94547,94612,94640,

94695, 94701, 94709, 94710,94711, 94712, 94779

BY ORDER OF THE COMMISSIONERS COURT, THE PRECEDING PERSONNEL AMENDMENTSARE APPROVED.

Samuel T. Biscoe,County Judge

Ron Davis, Sarah Eckhardt,Commissioner, Pct. I Commissioner, Pct. 2

Karen L. Huber, Margaret Gomez,Commissioner, Pct. 3 Commissioner, Pct. 4

93764, 93772,93811, 93875,93907, 93974,94016, 94031,94136, 94154,

k-Elc Wk u...County Clerk 93798,93884,93997,94093,94158,

-

W

.-

94176, 94191,94526, 94533,94554, 94572,94614, 94617,94645, 94662,

94500,94542,94604,94626,94693,

September 27, 2011 27

Updated 9/22/11, 3:40 p.m.

• Travis County Commissioners Court Agenda Request

Meeting Date: 9-27-2011 Prepared By/Phone Number: Cindy Purinton,

Benefit Administrator 81OUlCt~'6 Elected/Appointed Official/Dept. Head: Leroy Nellis, Acting

Commissioners Court Sponsor:

Executive for PB Diane Blankens P, HR Di Judge Biscoe

AGENDA LANGUAGE: CONSIDER AND TAKE APPROPRIATE ACTION ON LONG TERM CARE INSURANCE.

BACKGROUND/SUMMARY OF REQUEST AND ATTACHMENTS: For several yeal'8 County employees have been asking for Long Term Care Insurance. Prior this year staff came before the Court and asked for direction on offering this benefit. HRIID and the Benefit Committee received direction to proceed with the bid process. That was completed, and UNUM was the only reaponder. We come to the Court now with a recommendation on a Long Term Care Insurance plan. The contract will be brought to Court by purchasing for approval. W. are asking for approval of the plan so that the Implementation process can begin, with information ... lon8 and enrollment in January 2012, with a March 1, 2012 effective data.

STAFF RECOMMENDATIONS: Staff recommends approval of the UNUM Long Term Care Insurance plan and rates submitted by HRMD and Benefit Committee. Contract will be brought back to Court by Purchasing for approval.

ISSUES AND OPPORTUNITIES: There are many opportunities and several issues that were negotiated with UNUM, resulting in a quality Long Term Care Insurance product for the County Employees. The employees will be getting the advantages of a group policy with group rates, with individual direct billing and multiple plan options to choose from.

A. One of the issues is that this is not an "annual benefit election" type of benefit, since once you enroll you continue to be covered, and to pay premiums for the remainder of your coverage term, or your life. after you retire or terminate employment. This poses some logistical issues. such as enrollment, billing, and approval process.

B. All eligible active employees will be granted -guarantee issue- for the initial enrollment period for the 3 or 6 year duration options. This means that no health

AGenda backup LTC 9/1412011 dp 1

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AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m. for the next week's meeting.

Meeting Date: September 27, 2011 Prepared By/Phone Number: Gillian Porter, Commissioners Court Specialist, 512-854-4722 Elected/Appointed Official/Dept. Head: Dana DeBeauvoir, Travis County Clerk Commissioners Court Sponsor: Judge Biscoe AGENDA LANGUAGE: Approve the Commissioners Court Minutes for the Voting Session of September 13, 2011. BACKGROUND/SUMMARY OF REQUEST AND ATTACHMENTS: STAFF RECOMMENDATIONS: ISSUES AND OPPORTUNITIES: FISCAL IMPACT AND SOURCE OF FUNDING: REQUIRED AUTHORIZATIONS:

Travis County Commissioners Court Agenda Request

Item C3Updated 9/22/11, 3:40 p.m.

Minutes for the Travis County Commissioners Court Tuesday, September 13, 2011

Voting Session

Minutes Prepared by the Travis County Clerk 512-854-4722 ● www.co.travis.tx.us ● PO Box 149325, Austin, TX 78714-9325

September 13, 2011 Minutes of the Travis County Commissioners Court Page 1

Call to Order

Meeting called to order on September 13, 2011, in the Ned Granger Building, Commissioners Courtroom, 1st Floor, 314 W. 11th St., Austin, TX. Dana DeBeauvoir, County Clerk, was represented by Deputy Gillian Porter. Samuel T. Biscoe County Judge Present Ron Davis Precinct 1, Commissioner Present Sarah Eckhardt Precinct 2, Commissioner Present Karen L. Huber Precinct 3, Commissioner Present Margaret J. Gómez Precinct 4, Commissioner Present

Citizens Communication

Members of the Court heard from: Charles Williams, Conservation Coordinator, Transportation and Natural Resources (TNR) Rodney Ahart, Executive Director, Keep Austin Beautiful Melissa Miller, Colorado River Foundation Gus Peña, Travis County Resident Dr. John K. Kim, Travis County Resident Judge Yvonne Williams, Justice of the Peace, Precinct 1

Clerk's Note: The Court expressed its sympathy regarding the losses incurred during the recent wildfires, especially to the family of Kevin Aigner, Senior Deputy, Constable Precinct 2.

Special Items 1. Consider and take appropriate action to ratify request for disaster declaration for Travis County.

Members of the Court heard from: Pete Baldwin, Emergency Management Coordinator, Travis County Emergency Services

MOTION: Extend the Disaster Declaration. RESULT: APPROVED [UNANIMOUS] MOVER: Margaret J. Gómez, Commissioner SECONDER: Karen L. Huber, Commissioner AYES: Biscoe, Davis, Eckhardt, Huber, Gómez

2. Consider and take appropriate action to ratify decision to authorize use of Travis County

Exposition Center to temporarily house horses displaced by recent fires in Bastrop County.

Clerk's Note: The Court noted that during the wildfires the County Judge had authorized that the Expo Center stables should be made available for use as needed.

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September 13, 2011 Minutes of the Travis County Commissioners Court Page 2

Members of the Court heard from: Steve Manilla, County Executive, Transportation and Natural Resources (TNR) Lloyd Evans, Division Manager, Building Maintenance, Facilities Management

MOTION: Ratify the authorization given by the County Judge. RESULT: APPROVED [UNANIMOUS] MOVER: Samuel T. Biscoe, Judge SECONDER: Margaret J. Gómez, Commissioner AYES: Biscoe, Davis, Eckhardt, Huber, Gómez

3. Consider and take appropriate action on an order regarding outdoor burning in the

unincorporated areas of Travis County.

Members of the Court heard from: Hershel Lee, Travis County Fire Marshal

RESULT: DISCUSSED

Clerk's Note: The County Judge announced that by taking no action, the prohibition against outdoor burning stays in place.

Administrative Operations Items 4. Review and approve the immediate release of reimbursement payment to United Health Care

for claims paid for participants in the Travis County Employee Health Care Fund for payment of $1,028,255.86 for the period of August 26 to September 1, 2011. RESULT: ADDED TO CONSENT

5. Consider and take appropriate action on proposed routine personnel amendments.

RESULT: ADDED TO CONSENT

6. Consider and take appropriate action on determining the feasibility of changes to the Travis

County leave policy in order to mitigate the impact of catastrophic illness on employees. (Commissioners Davis and Gómez)

Members of the Court heard from: Diane Blankenship; Director, Human Resources Management Department (HRMD) Susan Spataro, Travis County Auditor Barbara Wilson, Assistant County Attorney Cindy Purinton, Benefit Administrator, HRMD

MOTION: Approve Item 6. RESULT: APPROVED [UNANIMOUS] MOVER: Ron Davis, Commissioner SECONDER: Margaret J. Gómez, Commissioner AYES: Biscoe, Davis, Eckhardt, Huber, Gómez

7. Consider and take appropriate action on the following employee benefit plan renewal items for

2012 Plan Year:

a. UHC administrative rates for Fiscal Year 2012; and b. Retiree contribution amounts for the over 65 Retiree Pharmacy Only Plan.

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September 13, 2011 Minutes of the Travis County Commissioners Court Page 3

Members of the Court heard from: Cindy Purinton, Benefit Administrator, HRMD Diane Blankenship; Director, HRMD

MOTION: Approve Items 7.a–b. RESULT: APPROVED [UNANIMOUS] MOVER: Samuel T. Biscoe, Judge SECONDER: Ron Davis, Commissioner AYES: Biscoe, Davis, Eckhardt, Huber, Gómez

Justice and Public Safety Items 8. Receive briefing on activities of the Austin/Travis County Hate Crimes Task Force.

Members of the Court heard from: Rosemary Lehmberg, District Attorney Karen Gross, Austin Anti-Defamation League David Escamilla, County Attorney

RESULT: DISCUSSED

Purchasing Office Items 9. Approve Contract Award for records storage boxes, IFB No. B110194-CW, to the low bidder,

Bracane Company. RESULT: ADDED TO CONSENT

10. Approve contract awards for janitorial services, various locations, IFB No. B110262-LD, to the

low bidders:

a. K B Contract Cleaners, Groups A, B, C, D, and E; and b. International Building Services, Group F. RESULT: ADDED TO CONSENT

Transportation and Natural Resources Dept. Items 11. Consider and take appropriate action on the following:

a. Authorization for TNR to begin submitting agenda requests to use $10.3 million of 2001 Bond Proposition 1 project savings for current and new unfunded projects that meet the related bond issuance statements (Funds 460,465,468,471, 508 and 512) legal requirements; and

b. Consider and take appropriate action on termination of the 2001 Bond FM 973 Pedestrian

Way Project.

Members of the Court heard from: Steve Manilla, County Executive, TNR Jessica Rio, Assistant Budget Manager, PBO Tom Nuckols, Assistant County Attorney

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September 13, 2011 Minutes of the Travis County Commissioners Court Page 4

RESULT: DISCUSSED Reset for: 9/27/2011 12. Consider and take appropriate action on a Cash Security Agreement with Highland Homes,

Austin for sidewalk fiscal for Commons at Rowe Lane IIIA Lot 5 Block K in Precinct Two. (Commissioner Eckhardt) RESULT: ADDED TO CONSENT

13. Consider and take appropriate action on a Cash Security Agreement with Gehan Homes for

sidewalk fiscal for Commons at Rowe Lane IIIA in Precinct Two. (Commissioner Eckhardt) RESULT: ADDED TO CONSENT

14. Consider and take appropriate action on the assignment and amendment of the Commons at

Rowe Lane License Agreement in Precinct Two. (Commissioner Eckhardt) RESULT: ADDED TO CONSENT

Health and Human Services Dept. Items 15. Consider and take appropriate action on a resolution:

a. Nominating Carolyn Konecny, Chief Financial Officer of CommunityCare, to continue serving on the Tobacco Settlement Permanent Trust Account Administration Advisory Committee; and

b. Nominating Debbie Laudermilk, Travis County Investment Manager, to serve on the

Tobacco Settlement Permanent Trust Account Investment Advisory Committee. RESULT: ADDED TO CONSENT

16. Consider and take appropriate action regarding notice of intent to renew Interlocal Agreement

for an Emergency Shelter for homeless women and children between the City of Austin and Travis County. RESULT: ADDED TO CONSENT

Planning and Budget Dept. Items 17. Consider and take appropriate action on budget amendments, transfers and discussion items.

RESULT: ADDED TO CONSENT

18. Consider and take appropriate action on setting the Calendar Year 2012 Sheriff’s and

Constables’ Fee Schedules. RESULT: ADDED TO CONSENT

19. Discuss recommended Fiscal Year 2012 Budget Rules.

Members of the Court heard from: Jessica Rio, Assistant Budget Manager, PBO Barbara Wilson, Assistant County Attorney Leroy Nellis, Interim County Executive, PBO

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September 13, 2011 Minutes of the Travis County Commissioners Court Page 5

RESULT: DISCUSSED Reset for: 9/20/2011 20. Consider and take appropriate action on Fiscal Year 2012 Budget issues and requests for

funding.

Clerk's Note: The Court discussed recommended changes to the proposed FY ‘12 Budget.

Members of the Court heard from: Leroy Nellis, Interim County Executive, Planning and Budget Office (PBO) Jessica Rio, Assistant Budget Manager, PBO Travis Gatlin, Senior Budget Analyst, PBO Katie Gipson, Senior Budget Analyst, PBO

MOTION: Approve the recommended changes. RESULT: APPROVED [UNANIMOUS] MOVER: Margaret J. Gómez, Commissioner SECONDER: Ron Davis, Commissioner AYES: Biscoe, Davis, Eckhardt, Huber, Gómez

Clerk's Note: The Court discussed funding and a new name for Project Recovery.

Members of the Court heard from: Roger Jefferies, County Executive, Justice and Public Safety (JPS) The Honorable Nancy Hohengarten, Judge, County Court at Law Number Five

MOTION: Approve $150,000.00 for Project Recovery from Allocated Reserve one-time

funding. RESULT: APPROVED [UNANIMOUS] MOVER: Margaret J. Gómez, Commissioner SECONDER: Samuel T. Biscoe, Judge AYES: Biscoe, Davis, Eckhardt, Huber, Gómez

Clerk's Note: The Court discussed a request from Karen Huber, Commissioner Precinct 3 for an administrative full time employee (FTE) and an operating budget of $8,000.00.

Members of the Court heard from: Bill Derryberry, Senior Budget Analyst, PBO Leroy Nellis, Interim County Executive, PBO

MOTION: Allocate a new administrative position for Precinct Three for a cost of $49,291.00.

MOVER: Karen Huber, Commissioner Clerk’s Note: The Motion dies for lack of a Second.

Clerk's Note: The County Judge requested a summary of the Travis County Mileage Reimbursement Policy and the Budget Rules on vacant slots left open for long periods of time.

Members of the Court heard from: Leroy Nellis, Interim County Executive, PBO Jessica Rio, Assistant Budget Manager, PBO

RESULT: DISCUSSED

Clerk's Note: The Court discussed a request from Justice of the Peace Precinct 1 (JP1) for $30,000.00 of temporary salary savings to be rolled over into the FY ‘12 budget for JP1.

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September 13, 2011 Minutes of the Travis County Commissioners Court Page 6

Members of the Court heard from: Judge Yvonne Williams, Justice of the Peace, Precinct 1 Leroy Nellis, Interim County Executive, PBO Diana Ramirez, Senior Budget Analyst, PBO

MOTION: Approve the budget request. RESULT: APPROVED [3 TO 2] MOVER: Ron Davis, Commissioner SECONDER: Samuel T. Biscoe, Judge AYES: Samuel T. Biscoe, Ron Davis, Margaret J. Gómez NAYS: Sarah Eckhardt, Karen L. Huber

Clerk's Note: The Court discussed salary savings in departments.

Members of the Court heard from: Leroy Nellis, Interim County Executive, PBO

RESULT: DISCUSSED

Clerk's Note: The Court discussed a request from JP1 to continue the funding for two temporary employees that would expire September 30, 2011.

Members of the Court heard from: Judge Yvonne Williams, Justice of the Peace, Precinct 1 Diana Ramirez, Senior Budget Analyst, PBO Leroy Nellis, Interim County Executive, PBO Susan Spataro, Travis County Auditor

RESULT: DISCUSSED Reset for: 9/20/2011

Clerk's Note: The Court discussed a request from TNR for $12,500.00 for the purchase of an ozone monitor to be placed in McKinney Falls State Park.

Members of the Court heard from: Adele Noel, Air Quality Project Manager, TNR

MOTION: Approve the budget request by putting an earmark against Allocated Reserve

until Travis County’s partners fund their portions. RESULT: APPROVED [UNANIMOUS] MOVER: Samuel T. Biscoe, Judge SECONDER: Sarah Eckhardt, Commissioner AYES: Biscoe, Davis, Eckhardt, Huber, Gómez

Clerk's Note: The Court was updated that the total amount of District Attorney Processing Site Orders (DAPSO) funds added to the FY ‘12 Budget will be $15,130.00.

Members of the Court heard from: Leroy Nellis, Interim County Executive, PBO

RESULT: DISCUSSED

Clerk's Note: The Court discussed the posting of the positions approved for the Travis County Sheriff's Office during Budget Mark-Up on Wednesday, September 7, 2011.

Members of the Court heard from: Leroy Nellis, Interim County Executive, PBO

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September 13, 2011 Minutes of the Travis County Commissioners Court Page 7

MOTION: Authorize the immediate posting of the new positions. RESULT: APPROVED [UNANIMOUS] MOVER: Samuel T. Biscoe, Judge SECONDER: Margaret J. Gómez, Commissioner AYES: Biscoe, Davis, Eckhardt, Huber, Gómez

Clerk's Note: The Court discussed correcting the amount approved for Project Recovery from $150,000.00 to the requested amount of $150,527.00.

Members of the Court heard from: Jeremy Broadhead, Business Analyst I, PBO

MOTION: Approve adding $527.00 to the amount previously approved for Project

Recovery. RESULT: APPROVED [UNANIMOUS] MOVER: Samuel T. Biscoe, Judge SECONDER: Margaret J. Gómez, Commissioner AYES: Biscoe, Davis, Eckhardt, Huber, Gómez

Clerk's Note: The Court was updated that the total amount of County Attorney Processing Site Orders (CAPSO) funds added to the FY ‘12 Budget will be $30,000.00.

Members of the Court heard from: Leroy Nellis, Interim County Executive, PBO Jessica Rio, Assistant Budget Manager, PBO John Hille, Assistant County Attorney

RESULT: DISCUSSED

21. Consider and take appropriate action on request to approve signature authority In Texpool,

Local Government Investment Pool, for the Corporations Manager, Andrea Shields, to manage any cash transactions as needed. RESULT: ADDED TO CONSENT

22. Review and approve requests regarding grant programs, applications, contracts and

permissions to continue:

a. Annual contract with the Office of the Governor, Criminal Justice Division, for Juvenile Probation to continue the existing Juvenile Accountability Block Grant Juvenile Assessment Center Program;

RESULT: ADDED TO CONSENT

b. Annual contract with the Substance Abuse and Mental Health Services Administration,

Center for Substance Abuse Treatment, for Juvenile Probation to receive year two of a potential four year grant to continue to enhance the department’s existing Drug Court;

Members of the Court heard from: Gus Peña, Travis County Resident

MOTION: Approve Item 22.b. RESULT: APPROVED [UNANIMOUS] MOVER: Margaret J. Gómez, Commissioner SECONDER: Samuel T. Biscoe, Judge AYES: Biscoe, Davis, Eckhardt, Huber, Gómez

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September 13, 2011 Minutes of the Travis County Commissioners Court Page 8

c. Approve minor form revisions requested by the grantor for the Phase 29 Contract for the

Emergency Food and Shelter Program in the Health and Human Services and Veterans Service Department;

d. Annual contract with the Corporation for National and Community Service (through the

OneStar Foundation) for Health and Human Services and Veterans Service to continue the AmeriCorps Program to support the activities of the Texas Agrilife Extension’s 4-H Capital Program;

e. Annual contract with the United States Department of Health and Human Services for

Travis County to continue to participate in the Parenting in Recovery Project with Travis County Health and Human Services and Veterans Service serving as the regional partnership project lead; the contract is for the fifth and final year of the grant; and

f. Annual Memorandum of Understanding with Casey Family Programs and Texas

Department of Family and Protective Services for the Casey Family Programs Community and Family Reintegration Project Care Coordinator in Health and Human Services and Veterans Service.

RESULT: ADDED TO CONSENT

Other Items 23. Consider and take appropriate action on the following:

a. Redistricting plans for the following Travis County Precincts:

i. County Commissioners;

Members of the Court heard from: Deece Eckstein, Intergovernmental Relations Officer, Intergovernmental

Relations (IGR) Tom Cheshire, Wells Branch Utility District

MOTION: Approve Map GE 171. RESULT: APPROVED [4 TO 1] MOVER: Samuel T. Biscoe, Judge SECONDER: Margaret J. Gómez, Commissioner AYES: Samuel T. Biscoe, Ron Davis, Sarah Eckhardt, Margaret J.

Gómez NAYS: Karen L. Huber

ii. Justices of the Peace and Constables;

Members of the Court heard from: Deece Eckstein, Intergovernmental Relations Officer, IGR

MOTION: Approve Map GE 118. RESULT: APPROVED [4 TO 1] MOVER: Samuel T. Biscoe, Judge SECONDER: Ron Davis, Commissioner AYES: Samuel T. Biscoe, Ron Davis, Sarah Eckhardt, Margaret J.

Gómez NAYS: Karen L. Huber

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September 13, 2011 Minutes of the Travis County Commissioners Court Page 9

iii. Elections; and

Members of the Court heard from: Deece Eckstein, Intergovernmental Relations Officer, IGR

RESULT: DISCUSSED Reset for: 9/27/2011

b. Preclearance submission to the United States Department of Justice.

Members of the Court heard from: Deece Eckstein, Intergovernmental Relations Officer, IGR Rolando Rios, Rios and Associates

MOTION: Approve Item 23.b. RESULT: APPROVED [4 TO 1] MOVER: Margaret J. Gómez, Commissioner SECONDER: Ron Davis, Commissioner AYES: Samuel T. Biscoe, Ron Davis, Sarah Eckhardt, Margaret J. Gómez NAYS: Karen L. Huber

24. Receive Travis County Adult Probation’s Fiscal Year 2012-2013 proposed State Budget,

pursuant to Local Government Code, Section 140.004. RESULT: ADDED TO CONSENT

25. Consider and take appropriate action regarding Travis County’s response to reduction in jury

pay by State of Texas. RESULT: ADDED TO CONSENT

Clerk's Note: The County Judge noted that the State will now be reviewing its jury pay contribution quarterly. Travis County's contribution will remain at $6.00.

Executive Session Items

The Commissioners Court will consider the following items in Executive Session. The Commissioners Court may also consider any other matter posted on the agenda if there are issues that require consideration in Executive Session and the Commissioners Court announces that the item will be considered during Executive Session. Note 1: Gov’t Code Ann 551.071, Consultation with Attorney Note 2: Gov’t Code Ann 551.072, Real Property Note 3: Gov’t Code Ann 551.074, Personnel Matters Note 4: Gov’t Code Ann 551.076, Security Note 5: Gov’t Code Ann 551.087, Economic Development Negotiations 26. Consider and take appropriate action on the acquisition of approximately 44.21 acres of land in

northwest Travis County in connection with the Balcones Canyonlands Conservation Plan in Precinct Three. (Commissioner Huber) 2

Judge Biscoe announced that Item 26 would be considered in Executive Session pursuant to Gov’t. Code Ann. 551.071, Consultation with Attorney and Gov’t. Code Ann. 551.072, Real Property.

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September 13, 2011 Minutes of the Travis County Commissioners Court Page 10

MOTION: Offer $4,330,000.00 for the 44.21 acres. RESULT: APPROVED [UNANIMOUS] MOVER: Karen L. Huber, Commissioner SECONDER: Sarah Eckhardt, Commissioner AYES: Biscoe, Davis, Eckhardt, Huber, Gómez

27. Receive briefing from the County Attorney regarding the administrative appeal of the decision

by the Texas Comptroller of Public Accounts regarding motor vehicle sales and use taxes paid by the Tax Assessor-Collector to the State on returned NSF checks for the period of January 1, 1997 through December 31, 2005, and take appropriate action. 1

Judge Biscoe announced that Item 27 would be considered in Executive Session pursuant to Gov’t. Code Ann. 551.071, Consultation with Attorney.

MOTION: Approve the proposed compromising Settlement Agreement with the Comptroller in which Travis County is paid the amount of $15,447.26 in full settlement of this matter.

RESULT: APPROVED [UNANIMOUS] MOVER: Samuel T. Biscoe, Judge SECONDER: Margaret J. Gómez, Commissioner AYES: Biscoe, Davis, Eckhardt, Huber, Gómez

Consent Items

Members of the Court heard from: Mary Etta Gerhardt, Assistant County Attorney Sherri Fleming, County Executive, Travis County Health, Human Services, and Veterans’

Services (TCHHS&VS) Jim Connolly, Assistant County Attorney Gillian Porter, Commissioners Court Specialist, County Clerk’s Office

MOTION: Approve the following Consent Items: C1–C4 and Agenda Items 4, 5, 9, 10.a–b,

12, 13, 14, 15.a–b, 16, 17, 18, 21, 22.a, 22.c–f, 24, 25, and A1. RESULT: ADOPTED [UNANIMOUS] MOVER: Margaret J. Gómez, Commissioner SECONDER: Ron Davis, Commissioner AYES: Biscoe, Davis, Eckhardt, Huber, Gómez C1. Receive bids from County Purchasing Agent. C2. Approve payment of claims and authorize County Treasurer to invest County funds C3. Approve the Commissioners Court Minutes for the Voting Session of August 23, 2011. C4. Reject bid received for IFB No. B110223-CW, vehicle maintenance services.

Added Items A1. Consider and take appropriate action on proposed renewal to the Interlocal between Travis

County and the City of Austin for the provision of public health services (IL080042RE) for Fiscal Year 2012.

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September 13, 2011 Minutes of the Travis County Commissioners Court Page 11

RESULT: ADDED TO CONSENT

Clerk's Note: The County Judge noted that the 2012 renewal term will increase by $1.00.

Minutes approved by the Commissioners Court ____________________________________ Date of Approval ____________________________________ Samuel T. Biscoe, Travis County Judge

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Item 1Updated 9/22/11, 3:40 p.m.

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Item 2Updated 9/22/11, 3:40 p.m.

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Item 1Updated 9/22/11, 3:40 p.m.

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Item 2Updated 9/22/11, 3:40 p.m.

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Travis County Commissioners Court Agenda Request TRAVIS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION.

TRAVIS COUNTY HOUSING FINANCE CORPORATION CAPITAL INDUSTRIAL DEVELOPMENT CORPORATION

TRAVIS COUNTY CULTURAL EDUCATION FACILITIES FINANCE CORPORATION

Meeting Date: September 27, 2011

Prepared By/Phone Number: Andrea Shields, Manager/854-9116

Elected/Appointed Official/Dept. Head: Leroy Nellis, Acting County Executive, Planning and Budget/854-9066

Commissioners Court Sponsor: Samuel T. Biscoe, President

AGENDA LANGUAGE: Consider and take appropriate action to approve Corporations' budgets for Fiscal Year 2012.

BACKGROUND/SUMMARY OF REQUEST AND ATTACHMENTS: See attached backup.

STAFF RECOMMENDATIONS: Staff recommends approval.

ISSUES AND OPPORTUNITIES: None.

FISCAL IMPACT AND SOURCE OF FUNDING: None.

REQUIRED AUTHORIZATIONS: Andrea Shields, Manager/854-9116; Leroy Nellis, Acting County Executive, Planning and Budget/854-9066

AGENDA REQUEST DEADLINE: All agenda requests and supporting materials must be submitted as a pdf to Cheryl Aker in the County Judge's office, [email protected] by Tuesdays at 5:00 p.m. for the next week's meeting.

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