[1. Call to Order] [00:00:11] AND I ASKED GAVIN IF YOU'LL GIVE US AN INVOCATION, PLEASE. ABSOLUTELY. MAY WE BOW? DEAR GOD, SOVEREIGN GOD, WE THANK YOU FOR THIS DAY. WE THANK YOU FOR LIFE, HEALTH, STRENGTH, FOOD AND CLOTHING FOR A REASONABLE PORTION OF A SOUND MIND. GOD, WE THANK YOU FOR ALLOWING US TO COME TOGETHER TO DO THE WORK FOR THE CITY UNDER YOUR PROVISION AND UNDER YOUR GUIDANCE. GOD, GOD, GOD OUR GUARD, OUR HEARTS, OUR MINDS AND OUR THOUGHTS. GOD LET HELP US MAKE SURE THAT WHATEVER WE DO GLORIFIES AND LIFTS YOU UP AND HELPS CONTINUE TO BUILD YOUR KINGDOM AND HELPS FOR THE BETTERMENT OF THE PEOPLE OF ODESSA. ALL THESE THINGS WE ASK IN YOUR SON JESUS NAME, AMEN. AMEN. THANK YOU. STAND FOR THE PLEDGES. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE. TEXAS. ONE STATE UNDER GOD, ONE AND INDIVISIBLE. OKAY. IS EVERYONE [4. Consider Minutes of January 8, 2026] HAD A CHANCE TO GO OVER THE MINUTES? DO WE HAVE ANY ADDITIONS OR ANYTHING YOU NEED TO CHANGE ON THAT OR. ON THAT? I MOVE TO ACCEPT HIM. GOT A MOTION? SECOND. SECOND. ALL IN FAVOR, SIGNIFY BY SAYING AYE. AYE. ALL OPPOSED? SAME SIGN. MINUTES ARE APPROVED. OKAY. ANY MEMBER OF THE PUBLIC MAY ADDRESS THE BOARD REGARDING ANY OF ITS AGENDA ITEMS BEFORE THE OR DURING THE CONSIDERATION OF THE ITEM. I DON'T SEE ANYONE OUT THERE RIGHT NOW, BUT WE'VE [6. Contractors’ reports] MADE OUR STATEMENT. OKAY. FIRST REPORT. TOM. ECONOMIC DEVELOPMENT. GOOD AFTERNOON. YOU'LL FIND MY REPORT IN YOUR PACKET. AND AS USUAL, IT STARTS OUT WITH A NUMBER OF THE PROJECTS WE'RE WORKING ON. IT JUST GIVES YOU A HIGH LEVEL VIEW OF OF WHAT THEY ARE. I WILL MENTION THAT THE THE FIRST FOUR PROJECTS ON THERE ARE ALL NEW THAT HAVE JUST COME TO US WITHIN THE LAST MONTH, AND THREE OF THE FOUR I ACTUALLY HAD CONVERSATIONS WITH TODAY, WHAT PROJECT RED PROJECT DRAGONSLAYER, PROJECT TW, AND PROJECT DESERT HILLS. WHEN YOU MOVE PAST THAT, THE OTHERS HAVE BEEN LONGER TERM RELATIONSHIPS. ON PAGE TWO, YOU SEE THAT OR THE SECOND PAGE OF OUR REPORT. PROJECT BLIZZARD KING HAS BEEN ACTIVE. WE WE CONTINUALLY TALK ABOUT THAT. THAT'S THE DATA CENTER. I DO HAVE A DECK PRESENTATION THAT I'M GOING TO SEND YOU ALL VIA EMAIL THAT GIVES YOU MORE INFORMATION ON, ON WHAT THEY'RE PLANNING ON WITHOUT THE DETAILS, SIMPLY BECAUSE WE'RE OPERATING UNDER AN NDA. BUT IT WILL BE SENT TO YOU STRICTLY NOTHING TO CONSIDER OR VOTE ON. IT'S JUST AN INFORMATIONAL THING ABOUT A BUSINESS THAT HAS INTEREST IN COMING TO ECTOR COUNTY. SO YOU'LL BE RECEIVING THAT BY END OF DAY TOMORROW FOR SURE. THAT'S ON BLIZZARD KING. BLIZZARD KING? YES, MA'AM. AND THEN MOVING ON, YOU'LL SEE SOME OF OUR PARTNER VISITS AND AND RELATIONS WE HAVE WITHIN AND AROUND THE COMMUNITY A COUPLE OF TRADE SHOWS SOME THINGS REGARDING WORKFORCE WITH REGARDS TO THE SCHOOL DISTRICT AND AND THOSE AND THEN AFTER THAT YOU'LL FIND ODESSA ECONOMIC INDICATORS. WE'RE ACTUALLY WE'VE HAD A COUPLE OF MEETINGS THE LAST COUPLE OF DAYS. I'M GOING TO SCHEDULE SOME MEETINGS WITH ODK BOARD INDIVIDUALLY OVER THE NEXT FEW WEEKS TO TALK ABOUT. WE'VE GOT SOME INFORMATION WE'RE GOING TO ADD TO THIS, BUT WE ALSO WANT TO SEE IF THESE REPORTS HAVE BEEN ESSENTIALLY THE SAME, THEIR PRESENTATION FOR A VERY LONG TIME. AND WE'RE WE'RE LOOKING AT CHANGING THEM UP. WE'VE HAD SOME GREAT MEETINGS WITH OUR MARKETING PARTNERS AT CURRENT MEDIA. AND BUT I WANT TO REACH OUT AND FIND OUT WHAT IS IT THAT Y'ALL REALLY WANT TO SEE. IS IT IS IT WHAT WE'VE BEEN SHOWING YOU THROUGH THE THROUGH THE YEARS, OR IS OR IS THERE ANYTHING THAT YOU'RE NOT SEEING OR SOMETHING YOU'D LIKE TO SEE SIMPLIFIED OR WHAT HAVE YOU? SO WE'RE GOING TO BE REACHING OUT TO YOU INDIVIDUALLY ON THAT. FOLLOWING THE INDICATORS, YOU'LL SEE THE WORKFORCE DEVELOPMENT SUMMARY REPORT THAT COMES IN FROM MONICA AND HER ACTIVITIES. AND YOU SEE SOME INFORMATION SINCE THE LAST BOARD MEETING THAT WE HAD FOR THAT. AND THEN FOLLOWING THAT REPORT, YOU WILL [00:05:03] SEE THE DAILY ACTIVITY LOG AND THE BURNS THAT WERE CONDUCTED. AND WE THE YOU ALL LIKE THE REPORTS FROM MJ. UNFORTUNATELY, SHE LEFT US. SHE WENT BACK TO A PREVIOUS EMPLOYER AND SO WE'RE WORKING ON THAT. BUT WE'VE GOT A GOOD TEMPLATE AND WE LISTEN ENOUGH THE LAST COUPLE OF MONTHS ON WHAT YOU LIKE AND DON'T LIKE ABOUT BERNIE, AND YOU'RE GOING TO GET WHAT YOU LIKE ABOUT IT. SO WE'RE TAKING CARE OF THAT AT PRESENT. AND WITH THAT SAID, ANY ANY FURTHER QUESTIONS OR CONCERNS YOU WANT TO ASK HER PREVIOUS EMPLOYER? IS THAT THE STATE? NO, IT'S ACTUALLY A ODESSA BUSINESS. SHE MOVED HERE, I BELIEVE, IN 2019 OR 2020 TO HELP TAKE CARE OF GRANDKIDS. AND SHE WAS WITH A VETERINARY CLINIC. THEY WERE PERSONAL FRIENDS OF HERS. AND AND SHE WENT BACK TO WORK FOR THEM. SO I JUST THIS THIS REPORT THAT SHE DID AND THE WORK THAT WE DID ON THIS IS I THINK WAS IS AWESOME. AND SO KUDOS TO HER WHILE SHE DID THIS. AND I MEAN, THIS IS THIS IS PRETTY AMAZING AND A LOT OF EFFORT AND WORK WENT INTO IT. SO AND YOU'RE GETTING THAT OR BETTER. AND I WANT YOU TO LET US KNOW IF YOU DON'T THINK IT'S BETTER. SO ANY OTHER QUESTIONS CONCERNED. ANY OTHER QUESTIONS FOR TOM. THIS KIND OF TIES TO TO MJ REALLY. BUT AND I DON'T KNOW MAYBE I SHOULD ASK IT WHENEVER WE'RE TALKING ABOUT WHITLEY PENN. BUT I WAS THINKING THAT SHE WAS, YOU KNOW, POTENTIALLY GOING TO DO OUR AUDITS. BUT THAT'S WE ACTUALLY WE WENT THROUGH IN DETAIL ON SOME CITY POLICY THAT WE HADN'T LOOKED AT BEFORE, AND THEN WE DETERMINED THAT MAYBE EVEN WITH HER, THIS IS BACK EVEN WHEN SHE WAS AT THE OFFICE, THAT EVEN WITH ALL OF OUR SKILL SETS COMBINED, IT PROBABLY WOULDN'T, UNDER OUR CURRENT STAFFING, THE BEST IDEA TO GO IN THAT DIRECTION. BUT I'LL BE UP HERE TO PRESENT THE THE CONTRACT WITH CONSIDERATION FOR WHITLEY PENN, AND I CAN SHARE WITH YOU WHAT WAS DISCUSSED ABOUT THAT. THANK YOU. OKAY. ANY OTHER QUESTIONS? SEEING NONE. THANKS. OKAY. THANK YOU. MEDIA PARTNERS YOU GOT. THAT'S OUR BOARD PACKET PACKET I HAVEN'T, BUT I CAN REPORT A FEW THINGS. NO WE MET I'LL GIVE THAT REPORT LATER ON THE PARTNERSHIP. NO, EVERYTHING'S FINE. WE GOT WE JUST ANY QUESTIONS FOR MIKE AND JEFFERSON? WE DECIDED THAT OUR CONTRACTORS, WE WOULD HAVE THEM REPORT EVERY QUARTER. OKAY, BUT PUT THEIR PACKET IN EVERY MONTH. DID Y'ALL GOT YOUR PACKETS CORRECT? YES. SO WHEN IT SAYS BOARD PACKET, IT'S NOT A TIME UNLESS WE HAVE QUESTIONS. SO THIS ISN'T REALLY A QUESTION, BUT THE ODC COMMERCIAL THE COMMERCIAL WHATEVER THAT'S BEEN GOING AROUND THAT'S FROM CURRENT MEDIA. Y'ALL DID THAT. Y'ALL PUT THAT TOGETHER. THERE'S ONE WITH LIKE IT'S ONE I'VE BEEN SEEING CIRCULATING. I SEE IT LIKE EVERY DAY. IT'S ON SOCIAL MEDIA. IT'S ON SOCIAL MEDIA. YEAH. YES OKAY. IT'S JUST REALLY GOOD. AND IT'S LIKE I SAID I SEE IT EVERY. I SAW IT TODAY ACTUALLY. I GUESS I SHOULD WHEN I WAS DRIVING HERE, I SAW IT, I SAW IT HERE ON MY WAY HERE. I HAVE ONE THING TO MENTION. JUST. YES. GO AHEAD. SINCE WE'RE TALKING, I JUST WANTED TO MENTION, I MENTIONED LAST TIME THAT WE WERE SENDING A LETTER TO ALL THE BUSINESSES THAT WERE WITHIN THE AREA THAT WILL RECEIVE THAT CAN APPLY FOR INFRASTRUCTURE AND FACADE GRANTS. THAT LETTER DID GO OUT LAST MONTH. AND SO THAT THAT'S GONE, AND I KNOW THAT THAT WAS SOMETHING THAT WAS IMPORTANT TO CITY COUNCIL. SO IT'S IN THE REPORT. BUT I DID JUST WANT TO MENTION THAT SINCE TOM WAS TALKING ABOUT THAT AS WELL. SO OKAY. SO AND THEY WERE GOING TO RESPOND BACK TO OR WAS IT JUST A LETTER? IT'S JUST A LETTER SAYING IT'S AVAILABLE, DIRECTING THEM TO THE WEBSITE, DIRECTING THEM TO THEIR DEPARTMENT, JUST SO THAT PEOPLE KNOW THAT THOSE FUNDS ARE AVAILABLE. KIND OF AS A FOLLOW UP TO SOME OF THE WORK MJ DID FROM THEIR DEPARTMENT. HOW MANY LETTERS? YOU KNOW, APPROXIMATELY APPROXIMATELY 340. SO WE IDENTIFIED WE WE GOT THE WHOLE LIST. THEN WE, YOU KNOW, KATHY FROM THEIR DEPARTMENT SENT US THE THE AREA. IT WAS OVER 300 I THINK IT WAS 340. AND SO THAT REALLY SHOULD BE A FOLLOW UP WITH ALL OF THE VISITS THAT MJ MADE. RIGHT, RIGHT, RIGHT. WE WE GOT HER. SHE SENT ME HER LIST BEFORE SHE LEFT. WE INCLUDED THOSE MADE SURE THAT THOSE BUSINESSES WERE ON THE LIST AS WELL AS OTHERS. SO THAT THAT DID GO OUT AS WELL. AND I JUST WANTED TO POINT THAT OUT. THAT WAS ONE OF THE STANDOUTS THIS MONTH. SO THANK YOU. OKAY. BLACK CHAMBER OF COMMERCE OBVIOUSLY CHRIS HERE. BUT ANYBODY HAVE ANY QUESTIONS IN THEIR PACKETS ON THAT. UTPB AMERICA'S SMALL BUSINESS [00:10:10] DEVELOPMENT. HE'S NOT HERE. MOTRIN. AND THEN. CITY ADMINISTRATION SUPPORT THE FINANCIALS THAT YOU SAID. WE'RE GOING TO DO THAT DOWN BELOW WHEN YOU DO OKAY I'LL PASS THAT [7. ODC Committee and Officer reports] UP OKAY. SO THAT WILL GET US DOWN TO THE SEVEN FTC OTC COMMITTEE AND REPORTS THE PARTNERSHIP THEY DID NOT MEET. I THINK WE MEET NEXT MONTH IS THE NEXT MEETING. AND I'LL HAVE A REPORT ON THAT ADVERTISING RONNIE AND I MET WITH THE OUR ADVERTISING GROUP AND AND HAD A VERY GOOD MEETING. EVERYTHING. EVERYTHING IS GOING PRETTY SMOOTH. I MEAN, THERE'S NOT MUCH WE CAN ADD TO WHAT GAVIN'S TALKING ABOUT IS EXACTLY WHAT THEY IMPLEMENTED. AND WE TALKED ABOUT THEM DOING. AND YOU'RE SEEING THE VERY START OF THIS IS TRYING TO REACH A MORE DEMOGRAPHIC, DIFFERENT PEOPLE THAT WOULD ACTUALLY HAVE THE MONEY TO SPEND MONEY IN ODESSA, RIGHT? YEAH, AS PART OF IT. BUT THEY'RE DOING A REALLY GOOD JOB. YEAH. COMPLIANCE. PEGGY, DID WE HAVE ANY REPORTS ON COMPLIANCE? NO, THEY HAD A MEETING AND I WAS NOT ABLE TO GO. AND I TEXTED JEFFERSON AND HE WASN'T AT THE LAST MINUTE. HE WASN'T ABLE TO GO, BUT I THINK THEY. TOM OR SOMEONE CAN TELL US THEY THEY HAD ONE THING THAT THEY WERE LOOKING AT. PARDON ME. NUMBER. IT'S 11. THAT'S WHAT I WAS GOING TO SAY. IT'S THIS ONE ON NUMBER 11 THAT WE'LL TALK ABOUT. ALL RIGHT. WELL I GUESS YOU'LL FIND OUT WHAT HAPPENED WHEN WE GET DOWN THERE. WELL, I'VE LOOKED AT THE STAFF AND WE'LL FIND OUT TOGETHER. YEAH. OKAY. COME ON. INVESTMENT REVIEW. THOMAS, Y'ALL, WE HAVEN'T DONE ANYTHING SINCE THE LAST TIME WE WE DID THAT, WHAT, $10 MILLION? WE PUT IN DIFFERENT BONDS. DIFFERENT. HAVEN'T DONE ANYTHING ELSE SINCE. OKAY. I DON'T KNOW THAT WE NEED TO I DON'T KNOW THAT WE NEED TO DO ANYTHING YET, BUT WE CAN BRING A WE WANTED TO BRING A QUARTERLY REPORT TO THE BOARD. OKAY. WE CAN DO THAT AT THE NEXT MEETING IN MARCH. MEETING THEN. OKAY. ALL RIGHT. INDUSTRIAL WATER TASK FORCE. WE HAVEN'T HAVE WE SET A DATE TO MEET AGAIN? NO, BUT WE'RE GOING TO THE LAST WEEK OF THIS. I JUST NEEDED TO CLEAR IT WITH HAYNER AND JOHN BECAUSE THEY'RE BOTH BEEN HUNTING A LOT. AND WE USE LCA ALSO. YOU WANTED US TO PUT SOMEONE ELSE ON THERE, DIDN'T YOU? YES. I WOULD RECOMMEND THAT WE PUT DAVID BOUTIN SINCE HE CREATED THIS. I THINK PAYBACK CAN BE HONORED. HE'S NOT DOING ANYTHING ELSE AND HE'S AND HE'S AGREED TO DO IT. YES HE HAS. I CONFIRMED [8. Appoint ODC Board members to committees] THAT LAST NIGHT I WANTED TO WE'RE GOING TO DO THE APPOINTMENTS OF THAT THIS THIS. LET'S DO THE WATER TEST ONE RIGHT NOW. SINCE YOU BROUGHT IT UP ON THE WATER, I HAVE PEGGY DEAN, RONNIE PHILLIPS AND DAVID BOUTIN. IS THERE ANYONE ELSE THAT WANTS TO? WE CAN WE CAN HAVE ANOTHER PERSON IF WE NEED IF WE WANT TO. I'LL DO IT. OKAY. SO THAT'S GOOD. WITHROW ON THAT TOO OKAY. SO THAT INDUSTRIAL WATER COMMITTEE WILL BE PEGGY DEAN, RONNIE PHILLIPS, DAVID BOUTIN AND MIKE WITHROW. SO IF THERE IS HUNTING INVOLVED, FOUR OF OUR MEMBERS, INCLUDING THIS ONE WILL BE GONE. WELL, CAREFUL, WE'LL WORK AROUND IT. THAT'S WHAT HE WANTS. HE WANTS HIS HUNTING BUDDY. THAT'S WHAT HE WANTS. I GOT YOU, OKAY? THE NEXT ONE, INVESTMENT COMMITTEE. WE USED TO HAVE TWO MEMBERS. I'VE GOT THOMAS BLACKSTONE, AND I'VE ASKED JEFFERSON COX AND WITHROW. MIKE WITHROW WANTED TO SERVE ON THAT ONE AS WELL. IS THERE ANYONE ELSE THAT. I'M SORRY? COULD YOU PLEASE REPEAT THAT INVESTMENT WOULD BE THOMAS BLACKSTONE, JEFFERSON COX AND MIKE WITHROW. AND I'VE SEEN OTHERS WHICH WILL SWITCH DOWN TO COMPLIANCE. RONNIE WAS ON THAT. AND HE STILL YOU STILL WANT TO BE ON IT. SO YEAH I'VE GOT PEGGY DEAN, RONNIE AND JEFFERSON COX WANTED TO BE ON THERE TOO, RIGHT? ANYONE ELSE WANTS TO AND THEN WE CAN'T HAVE ANYBODY ELSE. THERE'D BE A QUORUM, RIGHT? AND THEN ADVERTISING RONNIE PHILLIPS. AND I'VE GOT GAVIN. WILL YOU SERVE ON THE ADVERTISING? OH, WELL, BECAUSE YOU'RE YOU'RE SEEING IT. YOU CAN REPORT ON IT. YEAH. WHILE YOU'RE DRIVING. YEAH. OKAY. AND I'LL STAY ON THAT ONE TOO. SO IT'D BE RONNIE PHILLIPS MYSELF AND GAVIN AND THEN ON THE PARTNERSHIP COMMITTEE. WE THE, OUR THE PRESIDENT RUNS THAT MEETING. CORRECT. PEGGY I THAT'S MY [00:15:07] UNDERSTANDING. HE SAYS BOARD PRESIDENT PLUS 1 OR 2 OPTION MEMBERS. SO I PUT MYSELF AND THEN IF WE'VE GOT TO RUN IT, I'LL HAVE THOMAS AS OUR VICE PRESIDENT BE ON THERE AS WELL. OKAY. ONE OF US WILL MAKE IT TO THAT IN MANY YEARS. AND THAT'S REALLY IMPORTANT BECAUSE THAT'S A PARTNERSHIP WITH THE OTHER. YEAH, ALL THE ENTITIES WITH ALL THE ENTITIES. YEAH. ALL RIGHT. SO THAT TAKES CARE OF OUR APPOINTMENTS OF OUR BOARD COMMITTEES. DID YOU GET ALL THOSE? YES, SIR. IF I COULD HAVE A MOTION PLEASE. OKAY. SO MOVED MOTION. SECOND. SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? SAME SIGN. IT PASSES. OKAY. THAT'S [9. Consider a resolution affirming project compliance for Liberty Oilfield Services and approving the third annual incentive payment] GOING TO DROP US DOWN TO NUMBER NINE. CONSIDER A RESOLUTION AFFIRMING PROJECT COMPLIANCE FOR LIBERTY OILFIELD SERVICES AND APPROVING THE THIRD ANNUAL INCENTIVE PAYMENTS. HELLO. THANK YOU. SO THIS IS THE THIRD PAYMENT TO GO OUT TO LIBERTY OILFIELD SERVICES. THEIR ORIGINAL AGREEMENT WAS AMENDED AND THE DEADLINE FOR SOME OF THEIR MARKERS TO MEET WAS PUSHED OUT JUST BECAUSE OF THEIR PROJECT. SO THE WAY THAT THIS AGREEMENT FELL, THEY ARE REQUIRED TO REPORT A CERTAIN AMOUNT OF EMPLOYEES STARTING MARCH 31ST OF THIS YEAR. HOWEVER, WE ARE SUPPOSED TO, BY THE SAME AGREEMENT, PAY OUT THEIR THIRD INCENTIVE, ASSUMING THEY MEET THE CAPITAL EXPENDITURE REQUIREMENTS WITHIN THE FIRST QUARTER. SO WE'RE STILL GOING TO BE REQUIRED TO OBTAIN THE EMPLOYEE INFORMATION. LET'S JUST SAY APRIL 1ST, RIGHT AFTER THEY HAVE BEEN ALLOTTED THE FULL AMOUNT OF TIME TO HIRE THOSE EMPLOYEES. BUT BASED ON THE FACT THAT THEY HAVE MET THE CAPITAL REQUIREMENTS PER THE LAST WHITLEY PIN AUDIT, THEY SURPASSED WHAT THEY NEEDED TO MEET. SO THEY HAVE CHECKED THAT BOX AND THEY'RE ELIGIBLE FOR THIS PAYMENT. OKAY, I'D MOVE THAT. WE APPROVE THAT PAYMENT. GO AHEAD, SLOW. SO THE DEAL YOU'VE ATTACHED TO THE BACK OF HERE WAS HOW THEY MET IT FOR 2025. AND SO WE'RE BASICALLY PAYING BASED ON WHAT THEY DID A YEAR AGO. YES. BECAUSE THE CAPITAL REQUIREMENT THAT IS REQUIRED FROM THEM TODAY WAS MET IN THAT 2025 COMPLIANCE AUDIT. THEY FAR SURPASSED WHAT THEY NEEDED TO MEET DURING THE 2025 AUDIT AND EVEN SURPASSED WHAT THEY NEEDED TO MEET AT THIS POINT IN TIME TODAY, WITH THAT AUDIT DONE, THE 2025 AUDIT. CORRECT. SO, WELL, WE HAVEN'T DONE ATTACHED IS I THOUGHT WAS 24 OR 2 MARCH. WE HAVE NOT DONE ANOTHER COMPLIANCE AUDIT SINCE THEN. NO. OKAY. BUT STARTING MARCH 31ST OF 26 THEY'LL BE REQUIRED TO VERIFY ALL EMPLOYMENT DATA. AND THE CAPITAL HAS ALREADY BEEN VERIFIED. BUT THE ADDITION OF THE EMPLOYEES WILL BE ADDED TO THE WHITLEY PIN AUDITS GOING FORWARD. THEY SHOULD FINISH THAT BUILDING, HAVE THEY? NO, THAT WAS MY QUESTION. I WAS GOING TO BRING UP THE ORIGINAL. I KNOW THERE'S AN ADDENDUM. I WAS TRYING TO LOOK AND SEE WHERE WE GAVE CONCESSIONS, BECAUSE TWO PHASES OF THAT BUILDING AREN'T EVEN COMPLETE AS OF TODAY. YOU COULD GO OUT THERE NOW AND ONCE THE WASH BAY, IT'S NOT DONE. AND THE LARGE TRUCK REPAIR BAY IS NOT DONE. AND THERE'S PEOPLE, THERE ARE PEOPLE. MORE PEOPLE. NOW, I DROVE BY TODAY JUST TO LOOK AGAIN. AND THERE'S MORE PEOPLE WORKING TODAY THAN THERE EVER HAS BEEN. SO THEY'RE SCRAMBLING TO GET IT DONE. AND THEN WITH THE DOWNTURN IN THE OILFIELD, MY, MY, MY CONCERN IS GOING TO BE THEIR JOB PERFORMANCE WHERE THEY'RE AT BECAUSE, YOU KNOW, LET'S JUST LET'S BE HONEST, YOU DRIVE AROUND MIDLAND-ODESSA, THERE ARE PEOPLE GOING OUT OF BUSINESS DAILY OR LEAVING LEAVING THE PERMIAN BASIN. THEY'RE IN OIL AND GAS INDUSTRY. THEY ARE REQUIRED TO KEEP A CERTAIN AMOUNT OF EMPLOYEES PER THE AGREEMENT. SO IF ACTIVITY BECAUSE OF THE ENVIRONMENT FALLS BELOW THAT AND THEY DON'T HAVE THE MINIMUM THRESHOLD, THEN THAT GOES TO COMPLIANCE COMMITTEE FOR CONSIDERATION. OKAY. SO PAYMENT. YES. AND HOW MANY DO THEY HAVE. FIVE. OKAY. SO WE HAVE IF THINGS GO DOWN AND THE NUMBERS AREN'T THERE WE CAN WE'VE GOT A WAY OF YES SIR. STILL GOT CONTROL OKAY. YES SIR. SO WE'RE NOT GOING TO KICK ANYBODY WHEN THEY'RE DOWN. WE JUST WANT WE JUST WANT TO MAKE SURE. SO THIS BY SEPTEMBER THE 31ST, 2025 1000 FULL TIME EMPLOYEES THAT THAT DIDN'T GET MODIFIED IN THE IN THE ADDENDUM AND THE ADDENDUM, WHAT WAS MODIFIED WAS THE DATE BY WHICH THEY HAD TO HAVE ALL THOSE EMPLOYEES. IT WAS PUSHED OUT TO MARCH 31ST OF 26 OF 26. SO THEY HAVE 30 DAYS BASICALLY TO HAVE 1000 EMPLOYEES. ARE WE [00:20:10] APPROVING THIS PAYMENT PENDING THE VERIFICATION IN MARCH OR ARE WE APPROVING IT WITHOUT VERIFICATION? I WANT TO GET PAID BEFORE THEY HAVE TO VERIFY THE EMPLOYEES. YEAH, I'M NOT FOR THAT. WELL, BECAUSE WE WE HAVE TO MAKE THE PAYMENT IN THE FIRST QUARTER. THE AMENDMENT TO THE AGREEMENT DID NOT ALTER THE PAYMENT DATES. ALL IT ALTERED WAS GIVING THEM MORE TIME TO MEET REQUIREMENTS. SO WE CAN'T HOLD THEM TO THE REQUIREMENTS UNTIL WE HAVE GIVEN THEM THE WHOLE TIME TO MEET IT, EXTENDING THEIR REQUIREMENT TIME PERIOD. WE ALSO DID NOT CONCURRENTLY EXTEND OUR PAYMENT SCHEDULE. WOULD WOULD THAT THEN GO TO THE THE FOURTH PAYMENT THEN IF THEY DIDN'T COMPLETE IT? YES. AND AND THEN THAT STILL FALLS UNDER THE TERMS OF THE DEFAULT. BECAUSE ESSENTIALLY THEY WOULD BE IN DEFAULT IF THEY DIDN'T MEET THOSE TERMS. AND THAT'S IN HERE AS WELL. THAT DIDN'T GET CHANGED. RIGHT. NOT SURE IF THAT GOT CHANGED. OKAY. BUT JUST FROM A PROCEDURAL STANDPOINT, IF THEY DON'T MEET THE THRESHOLD THEN IT'S UP TO COMPLIANCE TO RECOMMENDATION TO YOU ALL ON ALTERING THEIR PAYMENT. RIGHT. FOR THE FOURTH PAYMENT. FOR THE FOURTH PAYMENT, I GUESS I WAS WORRIED ABOUT US BEING IN COMPLIANCE BY ISSUING THE PAYMENTS BEFORE THE VERIFICATION AUDIT IS COMPLETE. THE ONLY THING THAT WE'RE REQUIRED TO VERIFY, PER THE AGREEMENTS THAT ARE IN FRONT OF YOU, IS THE CAPITAL, AND THAT IS IN COMPLIANCE. OKAY. IF THAT'S THE ONLY THING, THAT'S WHAT I UNDERSTOOD. OKAY. YEAH. OKAY. I HAD A MOTION. DO I HAVE A SECOND SECOND ALL SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? SAME SIGN. GREAT. DID WE HAVE A COUPLE ABSTAIN. NO, I'M JUST TRYING TO GET RED. I'M JUST TRYING TO HELP OUR SECRETARY. IT'S FINE. OKAY. I GUESS WE CAN CALL IT BACK IF THEY DON'T HAVE THEM NEXT YEAR, RIGHT? OKAY. WE CAN'T CLAW MONEY BACK FROM THEM, THOUGH, CAN WE? WE JUST DON'T GIVE THEM THE NEXT. DON'T GIVE THEM THE NEXT ONE. YOU JUST DON'T GIVE THEM THE NEXT AMOUNT. YEAH. OKAY OKAY. THANK YOU. THANK YOU. ALL RIGHT. YOU KNOW, THAT'S ONE OF OUR BIGGEST PROJECTS FOR IN A WHILE. IS THAT LIBERTY SO. WELL. AND MOVING PEOPLE FROM MIDLAND AND EVERYTHING ELSE. YEAH. CHRISTY ARE WE HAVE WE EVER I MEAN, HAVE WE BRAGGED ABOUT THAT YET OR ARE WE WAITING TILL IT'S COMPLETED? THAT LIBERTY BUILDING? WE. EXCUSE ME, COULD YOU PLEASE COME TO THE PODIUM? WE ARE STREAMING. THANK YOU. CAN'T WE DO THIS LIKE A TALK SHOW WHERE THEY TAKE THE MICROPHONE IN? I MEAN, IT'S A SUCCESS. THAT'S WHAT I'M SAYING. SORRY ABOUT THAT. WE MIGHT BE ON TO SOMETHING. YEAH, I HESITATE, WE'VE BRAGGED ON LIBERTY. WE'VE. WE'VE DONE IT QUITE A BIT. AND WE JUST CAME FROM A MEETING. WE'RE TRYING TO GET A LOCAL PERSON ONCE. CHRIS. RIGHT, LEFT. WE HAD A HARD TIME GETTING SOMEONE WHO WAS AUTHORIZED TO SPEAK. AND BECAUSE OF THAT, WE HAVEN'T DONE AS MUCH. BUT WE HAVE TAKEN PHOTOS OF THE NEW BUILDING AND WE HAVE THINGS LIKE THAT. BUT WE HAVEN'T WE HAVEN'T DONE MUCH SINCE IT'S BEEN COMPLETED. BUT WE HAVE A NEW CAMPAIGN WE'RE WORKING ON THAT. WE'RE PLANNING TO USE IT AS A HIGHLIGHT, BUT WE NEED A LOCAL PERSON, SO NOT REALLY. THAT WAS A LONG WINDED ANSWER. I APOLOGIZE A LITTLE BIT, BUT NOT MUCH. IT'S JUST IT'S JUST ONE OF THE BIGGER THINGS THAT HAVE HAPPENED. YOU KNOW, IT IS WE DID A LOT FOR A LONG TIME AND TALKED ABOUT THEM. AND THEN WHEN WE DIDN'T REALLY HAVE ANYBODY WHO COULD ANSWER QUESTIONS, WE HAD NEWS STORIES GOING. WE PAUSED IT A LITTLE BIT. BUT BUT TOM AND HIS TEAM ARE KIND OF WORKING ON TRYING TO GET US SOMEONE ELSE WHO CAN DO THAT. OKAY. THANK YOU. YOU [10. Consider a resolution approving the FY 2023-2024 ODC Annual Financial Report] BET. OKAY, OKAY. NUMBER TEN, CONSIDER RESOLUTION APPROVING THE 2324 ODK ANNUAL FINANCIAL REPORT. IT'S SHOWTIME. YOU'RE BACK. I'LL GET RID OF IT. DO WE HAVE ANY BACKGROUND MUSIC TO PLAY? I SHOULD I DON'T KNOW IF I SHOULD PLAY JAWS OR I DON'T. OKAY. ALL RIGHT. THANK YOU ALL FOR HAVING ME UP HERE. I DID EMAIL OUT THE ELECTRONIC COPY OF YOUR ACT FOR LAST WEEK, I BELIEVE. ACTUALLY, THIS IS AN AFR. THIS IS NOT THE FULL ACT FOR THIS IS THE AFR, WHICH IS GOOD ENOUGH. BUT I'VE GIVEN YOU A BOUND COPY RIGHT THERE AS WELL. SO I'M GOING TO DO JUST A HIGH LEVEL OVERVIEW OF THIS AFR AT ANY POINT. IF YOU HAVE ANY QUESTIONS PLEASE LET ME KNOW. WE USUALLY HAVE OUR AUDITOR HERE TO DO THIS, BUT WE HAVE HIM RUNNING JUST AS MUCH AS WE'VE BEEN RUNNING, SO HE FIGURED I COULD HANDLE IT THIS TIME. AND IF NOT, I COULD. ANY QUESTIONS I CAN'T ANSWER? HE WILL BE ABLE TO, BUT I'LL GIVE IT A WHIRL. HERE WE GO. THE [00:25:11] FIRST IMPORTANT THING IS THIS WAS A CLEAN AUDIT. IT WAS UNMODIFIED. THAT IS THE BEST OPINION YOU CAN GET FROM AN AUDITOR. THAT MEANS THERE WERE NO MATERIAL WEAKNESSES. THERE WERE NO COMPLIANCE FINDINGS. THIS ALSO MEANS THAT THE AUDITORS AND THE CITY ODC DIDN'T ARGUE ON ANYTHING, THAT WE WERE ALL IN AGREEMENT. SO THIS IS A VERY GOOD PIECE OF INFORMATION. IT WAS A CLEAN AUDIT. IT WAS AN UNMODIFIED OPINION. NEXT IMPORTANT THING ON PAGE NINE YOU WILL SEE OUR FINANCIAL POSITION. SO THE FINANCIAL POSITION IS MUNICIPALITIES WAY OF MEASURING THE OVERALL HEALTH OF AN ORGANIZATION. THIS SAYS HOW ARE WE ABLE TO MEET THE GOALS AND MISSIONS OF OUR ORGANIZATION. SO OUR FINANCIAL POSITION FOR FISCAL YEAR 2020 FOR THE NET POSITION IS $92.6 MILLION. THAT IS UP 14.1 MILLION OVER PRIOR YEAR. THIS INCREASE IS MAINLY DUE TO ADDITIONAL REVENUES, AND ALSO THERE WAS A DECREASE IN INCENTIVE EXPENSES. I THINK THERE WAS A LOT OF STUFF Y'ALL WERE WORKING ON IN FISCAL YEAR 24 THAT DIDN'T COME TO FRUITION UNTIL LATER. SO THAT WAS ONE OF THE REASONS THAT POSITION INCREASED. KAYLA ON AND THOMAS, WE TALKED ABOUT THIS BEFORE, I THINK ON LAST YEAR'S AUDIT COPY THAT WE HAD. BUT, YOU KNOW, THEY CONTINUE TO SAY THAT THAT WE HAVE THIS HUGE AMOUNT OF MONEY THAT IS UNRESTRICTED. AND, YOU KNOW, THE THE BAD PART ABOUT THAT IS THAT THE CITY COUNCIL BELIEVES THAT, THAT THERE IS A POT OF MONEY THERE THAT WOULD BE AVAILABLE FOR MANY OF THEIR PROJECTS. AND, YOU KNOW, WE'VE CHANGED OUR FINANCIAL STATEMENTS, AND I LOVE WHAT YOU AND KAYLEE HAVE DONE WITH THOSE. I'M BEING ABLE TO IDENTIFY WHAT REALLY IS UNRESTRICTED. BUT, YOU KNOW, IT SEEMS ODD TO ME THAT WHEN WE HAVE THESE OBLIGATIONS OUT THERE THAT, YOU KNOW, THESE LONGER PERIOD OBLIGATIONS, THAT THERE'S NOT THAT THEY DON'T CONSIDER THEM TO BE RESTRICTED FUNDS. WHEN I ACTUALLY HAVE A SLIDE ON THAT, BECAUSE I KNEW THAT WAS GOING TO BE A QUESTION. OKAY. SO WHEN WE GET INTO THE FUND BALANCE PORTION, BECAUSE THIS IS JUST THE NET POSITION, THIS ISN'T THE FUND BALANCE. WHEN WE GET INTO THEY'RE VERY SIMILAR. SO IT'S NOT THAT DIFFERENT OKAY. BUT WHEN WE GET INTO THAT I WILL EXPLAIN THEIR REASONING. AND THERE ARE STEPS WE COULD TAKE IN THE FUTURE TO MAKE THIS PRESENT MORE IN LINE. BUT IT DOES TAKE ACTION TO DO THAT. SO WHEN I GET THERE, I'LL EXPLAIN IT AND I THINK IT WILL MAKE SENSE ONCE I GET THERE ON WHAT WE DO. AND I DID SEE ON THE FUND BALANCE THAT THERE'S LIKE 27 MILLION THAT'S PULLED OUT. YES, MA'AM. OKAY, I'LL EXPLAIN THAT. AND I THINK IT'S A LITTLE DIFFERENT IN MUNICIPALITIES. OKAY. WHICH PAGE DO YOU SHOW? CITY COUNCIL IS MY QUESTION. YEAH. AND I'VE HAD THAT'S A GOOD QUESTION. BUT WE HAVE HAD THIS. WE ACTUALLY WENT OVER THIS WITH OUR NEW CITY COUNCIL AND BUDGET MEETINGS AND THEN SUBSEQUENT FINANCIAL REPORTING MEETINGS, AND THEN GOING ONE ON ONE WITH SOME OF THEM ON THE AFR. WE'VE HAD THESE SAME CONVERSATIONS WHERE I'VE EXPLAINED THAT, YES, MAYBE OUR FUND BALANCE IS XYZ, BUT REALLY IT'S NOT WHEN YOU CONSIDER ALL THESE THINGS. SO I THEY'RE DEFINITELY MORE EDUCATED ON THAT BECAUSE WE'VE HAD BETTER CONVERSATIONS. SO THEY WILL THEY MAY FORGET, BUT THEY WILL UNDERSTAND WHEN YOU USE THOSE WORDS. BECAUSE KELLY AND I HAVE BEEN REALLY GOOD AT USING THE SAME TERMINOLOGY WITH THEM THAT WE USE HERE. SO EVERYBODY'S ON THE SAME PAGE. BUT THAT'S A GOOD QUESTION. YEAH. WELL, YOU NEED TO BE SURE STEVE THOMPSON UNDERSTANDS IT. AND I CAN ACTUALLY EVERY TIME I SEE HIM, HE TELLS ME FOR US TO BE PREPARED, YOU KNOW, BECAUSE THERE'S WE HAVE A BIG AMOUNT OF MONEY THAT THEY NEED. AND SO I JUST AND SO I'M VERY SENSITIVE TO THAT AND I UNDERSTAND. AND ONE OF THE THINGS WE WOULD DO IS WE COULD WHENEVER WE PRESENT OUR CITY'S FINANCIALS, ONE MEETING, PRESENT THESE TWO WITH HOW YOU HAVE IT BROKEN, HOW WE KEEP IT BROKEN UP SO THEY CAN ACTUALLY SEE HOW. BECAUSE IT'LL THEY'LL SEE THE AFR FOR THE CITY THAT IT HAS A LARGER FUND BALANCE THAN WHAT KAYLEE AND I TELL THEM AT BUDGET THEY HAVE. SO BECAUSE WE HAVE ALL THE RESTRICTIONS. WELL, IF WE COULD IF WE CAN GET THAT STRAIGHTENED OUT BECAUSE IT'S NOT ONLY THE COUNCIL, BUT YOU KNOW, WE'RE ALL THIS IS PUBLIC INFORMATION, THEN CITIZENS REALLY DON'T UNDERSTAND IT. WHEN YOU SAY IT'S UNRESTRICTED AT 92 AND THAT THAT'S BUT WE'RE, WE'RE WE'RE GETTING THERE AND WE DO HAVE METHODS AND THEY'RE ACTUALLY LET ME LOOK AT THIS. SO THE OPERATING RESULTS ARE PRETTY CLEAR. AND I'LL GET TO THAT NEXT PAGE. I THINK THAT ONE'S WELL EXPLANATORY. WE HAD A LITTLE BIT MORE OF AN INCREASE OF INCOME, ABOUT 862,000. MOST OF THAT IS FROM INTEREST IN INCREASE OF SALES [00:30:06] TAX DID INCREASE SOME BUT THE INTEREST WAS GREAT. ALL RIGHT THIS SLIDE LET'S TALK ABOUT OUR FUND BALANCE DEFINITIONS I KNEW THIS WAS GOING TO COME UP AND I UNDERSTAND I SEE YOUR POINT IN THIS. SO THERE ARE THREE TYPES OF FUND BALANCES THAT WE CONSIDER WHEN WE'RE DOING THE ODC FUND BALANCE. ONE OF THEM IS UNASSIGNED FUND BALANCE THAT HAS NO RESTRICTIONS. NOW I'M SAYING THAT TO FOLLOW UP WITH EXACTLY WHAT NO RESTRICTIONS MEAN IF THE FUNDS ARE COMMITTED, WHICH IS ANOTHER WAY FOR SAYING RESTRICTED. THAT MEANS THERE IS A FORMAL ACTION, AN ORDINANCE, A RESOLUTION, A CONTRACT THAT CAN'T BE BROKEN, A FORMAL YOU ACTUALLY CANNOT TOUCH THIS MONEY FOR BREACH OF CONTRACT OR IF IT'S A BOARD RESOLUTION, WE HAVE TO COME BACK TO THE BOARD. THOSE ARE NOT NON-NEGOTIABLE, BUT AS CLOSE TO NON-NEGOTIABLE AS YOU CAN GET. SO THAT'S YOUR COMMITTED FUND BALANCE. SO THE FACT THAT THE THE GRANTEE COULD DEFAULT TAKES THAT OUT OF PLAY. BECAUSE I MEAN, WE'RE COMMITTED, BUT WE'RE ONLY COMMITTED IF THEY DO WHAT THEY'RE SUPPOSED TO DO. DOES THAT CREATE. IS THAT ONE OF THE REASONS WHY THIS HAPPENS? NO. I THINK IF WE HAVE AN AGREEMENT OUT THERE, THEN THAT FULL AMOUNT IS COMMITTED, THAT FULL AMOUNT OF THE AGREEMENT SHOULD BE COMMITTED. RIGHT. BUT IF THEY DON'T MEET THOSE THE REQUIREMENTS, THEN THEY DON'T GET THAT AND THEN IT GOES BACK INTO UNASSIGNED. OKAY. YES, YES, I MAY HAVE HEARD YOUR QUESTION WRONG. YES. IT GOES BACK INTO UNASSIGNED. YES. AND THEN YOU HAVE ASSIGNED FUND BALANCE. SO THAT IS IF WE COME TO YOU AND SOMEBODY I CAN GIVE YOU A GREAT EXAMPLE, SOME OF THE THINGS THAT WE'RE DOING FOR THE CITY, WHEN Y'ALL SAY WE'RE GOING TO ASSIGN X AMOUNT OF DOLLARS TO THE CITY, YOU DON'T KNOW SPECIFICALLY WHICH PROJECT, BUT YOU KNOW THAT IT'S GOING TO GO FOR A CITY CONSTRUCTION OR WHATEVER. THAT IS A THOROUGHFARE THAT MEETS THESE REQUIREMENTS. AND YOU'VE AGREED TO THAT IN YOUR BUDGET THAT'S BINDING A LITTLE BIT MORE. SO THAT'S ASSIGNED. SO THAT IS WHAT WHEN WE'RE LOOKING AT THESE FUND BALANCES. AND THAT MIGHT BE SOMETHING WE NEED TO START DOING LIKE THREE MONTHS PRIOR TO YEAR END. LOOK AT THESE ASSIGNED BALANCES AND SEE HOW WE CAN MAKE THAT WORK A LITTLE BETTER. IT ALSO WILL BE WORTH A CONVERSATION WITH THE AUDITOR. AND WE CAN DO THAT FOR 25 AS WELL. SIT DOWN AND TALK TO HIM AND SEE IF WE CAN NEGOTIATE SOME OF THESE TERMS. BUT THAT'S WHERE THEY ARE GETTING IT FROM. THOSE THREE VERY DEFINITIONS THAT ARE USED FOR EVERY MUNICIPALITY GOVERNMENT ENTITY. SO HAVING SAID THAT, YOUR UNASSIGNED FUND BALANCE IS 58 MILLION AND YOUR OUTSTANDING, YOUR AND OUTSTANDING INCENTIVE COMMITMENTS ARE THE 27.25 MILLION TOTALING UP TO $92.7 MILLION FUND BALANCE. SO THE 2 MILLION THAT'S DUE TO THE CITY IS LIABILITY IS WHAT, 2 MILLION DUE FROM THE CITY? THAT'S PROBABLY THAT'S MOST LIKELY THE ACCRUED SALES TAX. NO. DUE TO THE CITY. DOES IT SAY DUE TO THE TWO AND A FROM THE TWO YOU SAID IN YOUR NOTES WAS THAT'S PROBABLY CASH. LET ME LOOK AT THAT. IT'S WHAT 13. YOU KNOW WHEN THEY DO THE INVESTMENTS AND THEN WHEN THEY CHARGE US FEES SEVERAL TIMES THAT LAGS YOU. YEAH. NO YOU'RE RIGHT. YOU'RE EXACTLY RIGHT. THE YOU KNOW, THEY CHARGE US SO MUCH A MONTH AND THEN THEY ALSO THE ALL OF THE INCOME GOES THROUGH AND LOOKS LIKE THE CITY. AND THEN YOU PARSE OUT PART OF IT OUT. THIS IS THE SAME THING YOU POINTED OUT PREVIOUSLY THAT WE HAVE SINCE STAYED ON TOP OF. WHENEVER I WOULD WE WOULD DO THE INVESTMENT FUNDS. WE'D SHOW YOU HOW MUCH MONEY WE HAVE. THEN I'D HAVE A LITTLE PIECE CARVED OUT THAT SAID IT WAS DUE TO THE CITY. DUE TO THE CITY. IT'S THE SAME SITUATION NOW. WE'VE GOTTEN THAT UNDER CONTROL NOW. SO THAT'S WHAT THAT IS, OKAY. YOU SAID THAT. SO BACK TO PEGGY'S ORIGINAL QUESTION. YES, SIR. THAT WE'D HAVE TO TAKE SOME ACTION TO. SO THAT WAY WHEN SOMEONE LOOKS AT IT JUST PRIMA FACIE THEY THEY UNDERSTAND IS WHAT ACTION DO WE HAVE TO TAKE? SO LET ME GIVE YOU AN EXAMPLE. I'M LOOKING AT THE REPORT FROM LAST MONTH. I'M GOING TO LOOK AT THE RESERVED. ARE YOU TALKING ABOUT CHANGING OR CLARIFYING THE TERMS USED. YES. WELL YEAH. WELL PEGGY'S QUESTION WAS WHEN YOU LOOK AT IT, ON IT, ON ITS FACE, IT DOESN'T HAVE DOESN'T REALLY ADDRESS THE ASSIGNED AND UNASSIGNED AND ALL OF THAT. AND I THINK THE COMMENT WAS IF I HEARD IT CORRECTLY, THERE'S SOME ACTION WE HAVE TO TAKE. [00:35:03] AND SO JUST CLARIFYING WHAT WHAT THAT IS. YES, I THINK THE CITY COUNCIL MEMBERS ALL HAVE A TERM IN THEIR MIND AND IT'S RESTRICTED. AND IF IT ISN'T RESTRICTED THEN IT IS UP FOR GRABS. BUT WE'RE NEVER GOING TO HAVE RESTRICTED. NO, BUT WE WE HAVE ASSIGNED PROBABLY IS WHAT YOU'RE SAYING COMMITTED AND ASSIGNED. WE CAN DO THAT. THAT COULD BE I MEAN AND THAT REALLY IS KIND OF WHAT THIS 27 MILLION IS, ISN'T IT? YES, MA'AM IS ASSIGNED FUND BALANCES. THAT'S THE BALANCE LEFT ON THE ALL THE CONTRACTS WE HAVE OUTSTANDING. BUT THINGS LIKE THE CITY, YOU KNOW, WHEN THEY'VE ASKED US TO COMMIT TO THAT $5 MILLION AND THEN LEND THEM $15 MILLION, I MEAN, THOSE KINDS OF THINGS. WHERE DOES THAT COME? SO THE 5 MILLION TO THE CITY THAT IS ASSIGNED OR COMMITTED, THAT WOULD BE COMMITTED BECAUSE THERE'S AN AGREEMENT THERE. THERE'S AN ACTUAL AGREEMENT THERE. OKAY. THE AS I'M LOOKING AT THE RESERVES REPORT THAT KAYLEE BUILT FOR THE BUDGET TO KIND OF GIVE SOME EXAMPLES. SO. THE RESTRICTED FUNDS OR ANYTHING THAT WE HAVE AN AGREEMENT ON RESTRICTED COMMITTED. OKAY. WE UNDERSTAND THAT ONE'S EASY. BUT DOWN HERE BY THE CITY RIGHT NOW, ALL OF THESE THINGS WHERE JOE TUCKER AND HIS DEPARTMENT HAD ASKED FOR FUNDS AT THIS POINT IN TIME, WHEN WE DID THIS BUDGET BOOK, THOSE WERE NOT ASSIGNED. THOSE WERE STILL IN AVAILABLE FUNDS BECAUSE IT WAS JUST A KIND OF LIKE, WHAT DID THEY CALL IT, THE FIRE OR SOMETHING? THE MONEY THAT WE SET ASIDE JUST FOR WHATEVER. THAT'S WHAT THIS IS. POWDER. DRY POWDER. THANK YOU. SO HOWEVER, ONCE JOE TUCKER COMES TO ODC AND SAYS, WE'RE GOING TO BUILD THIS ROAD, CAN WE HAVE THE FUNDS FOR THIS ROAD? DO YOU APPROVE THIS ROAD THAT IS NOW COMMITTED FUND BECAUSE YOU HAVE SAID YOU CAN HAVE THIS RIGHT. SO THAT BECOMES COMMITTED WHEN THE PROJECT'S OVER. IF THERE'S ANY ADDITIONAL FUNDS THAT GOES BACK INTO YOUR UNASSIGNED FUND BALANCE. SO WHEN YOU'RE SETTING THINGS ASIDE, LIKE I THINK THERE ARE SOME LINES THAT SAY TEXDOT PROJECT, THERE'S WE REALLY DON'T KNOW WHAT THAT IS. THAT'S JUST WHAT WE'RE KEEPING SET ASIDE. AND OUR MINDS KIND OF LIKE IN A PIGGY BANK, SO WE DON'T SPEND IT ON SOMETHING ELSE. THAT'S NOT A SIGN, BECAUSE WE CAN'T TIE IT TO ANYTHING OTHER THAN PLANS. SO THE LIST THAT AARON GAVE US, YOU KNOW, OF THESE PROJECTS OVER THE NEXT FIVE YEARS, SEE, IN MY MIND, WHEN WE'RE DOING THOSE, WE'RE ALREADY FUNDING STREETS FOR THE CITY. I MEAN, WE'VE ALREADY SAID THAT WE WOULD DO THAT. AND SO I JUST WANT TO BE SURE THAT AND I'VE SAID THIS TO STEVE, YOU KNOW, WE'VE ALREADY COMMITTED AND WE HAVE AGREED TO COMMIT UP TO 50% OF OUR REVENUES EACH YEAR TO THE CITY. WE SAID, WE'LL DO THESE PROJECTS THAT THEY NEEDED HELP ON, AND WE WILL, BUT WE WILL ONLY COMMIT. IF YOU REMEMBER, WE PUT THAT 50% OF WHAT OUR MONTHLY SALES ARE BECAUSE WE DIDN'T WANT THEM TO BE ABLE TO JUST SAY, I WANT ALL YOUR SALES TAX REVENUE. AND SO I THINK AS THEY'RE TALKING TO EACH OF US, WE NEED TO BE AWARE THAT WE COMMITTED. WE DID THE FIVE $5 MILLION LOAN WE'VE COMMITTED TO. IT'S LIKE 15 MILLION, ISN'T IT? SOMETHING I THINK WE WERE ABLE TO TAKE. WE WERE NO LONGER NEEDING THAT LOAN, THE BIG LOAN ANYMORE. SO THAT WAS OFF. BUT WHAT WE AND IF I'M NOT MISTAKEN, THAT WAS DONE IN THE 26 BUDGET, RIGHT? IT WAS DONE. IT WENT ON THIS 24 AND I DON'T THINK IT WAS ON 20. IT WAS ON THIS LAST ONE. SO IN OVER A YEAR BEHIND ON IT WAS ON THE THE END OF THE 25 BUDGET. BUT IF I'M NOT MISTAKEN, IT WAS DONE AT BUDGET WASN'T IT KELLY. IT WAS DONE AT BUDGET. SO THAT WILL GO INTO THE 26 AFR. BUT WHAT WE CAN DO FOR THE 25 AND IT'S COMING. I'LL HAVE TO DO IT PRETTY QUICK. WE ARE GOING TO PUSH ODCS AUDIT OUT ONE MONTH AFTER THE CITY'S AUDIT. SO I HAVE A LITTLE BIT OF TIME TO GET THAT IN THERE, BUT WE CAN SIT DOWN AND TALK ABOUT WHAT IS RESTRICTED, WHAT'S NOT. THEY'RE NOT GOING TO ARGUE WITH ME OR THEY'RE NOT GOING TO FIGHT IT. IF WE HAVE GOOD EXPLANATION. AND I THINK THAT'S WHAT WE NEED TO DO TO KNOW, BECAUSE I FEEL LIKE EACH ONE OF US WILL BE TALKED TO AND WE ALL NEED TO KNOW THAT BASICALLY, WE HAVE COMMITTED UP TO HALF OF OUR INCOME EVERY YEAR TO GO TO THEM FOR ROADS. NOW, IN FISCAL YEAR 26, I WILL ABSOLUTELY HAVE THAT IN THE ASSIGNED CATEGORY. AND WHEN WE HIT THAT JOINT MEETING, IT CAME UP. I MEAN, IT WASN'T WASN'T A HIDDEN THING. IT CAME UP IN THAT JOINT MEETING THAT WE HAD. RIGHT. AND WHAT I CAN DO FOR 25 IS KELLY AND I WILL WORK ON ALL OF OUR CONTRACTS, ALL OF OUR AGREEMENTS, ANYTHING THAT WE FEEL HAS A STRONG ENOUGH INDICATION THAT THAT'S GOING TO HAPPEN. AND WE WILL [00:40:03] MOVE THAT. I ACTUALLY GET TO DO THIS. I DO THE FUND BALANCE ALLOCATION. I ACTUALLY TELL THE AUDITORS WHAT GOES WHERE SO I CAN DO THAT AS LONG AS I HAVE DECENT BACKUP, BECAUSE THERE'S GOING TO BE A BIG SWING. YEAH, ANY BIG SWING. AND I THINK WE'RE ALL WILLING TO VOTE ON THAT AGAIN IF WE NEED TO, IF THAT IS WHAT IT TAKES TO DO IT. I JUST WANT ALL OF US TO BE INFORMED BECAUSE I CAN FEEL THIS COMING. I CAN UNDERSTAND AND I THINK, WHAT IF IT'LL HELP? ON OUR NEXT, I WILL PRESENT CITY FINANCIALS AT THE NEXT COUNCIL MEETING. I CAN HAVE AN OTC IN THERE SHOWING HOW IT'S FOR 26, HOW THESE FUND BALANCES ARE, BECAUSE THAT'S ANOTHER THING YOU CAN TELL THEM, OKAY, GREAT. YOU SEE THAT'S 24. AND THAT THIS IS VERY TRUE. IT'S NOT JUST TELLING THEM THIS 24 IS OVER 25 IS OVER. SO WE'RE NOW LOOKING AT 26. AND THIS IS WHAT THE PROJECTED FUND BALANCE IS FOR 26. I THINK THAT'S A FAIR ARGUMENT TOO, ESPECIALLY THE WAY Y'ALL LINED OUT YOUR RESERVES. RIGHT. I THINK WE CAN VERY, FAIRLY, VERY ACCURATELY MAKE THAT PICTURE. OKAY. BUT THANK YOU FOR POINTING THAT OUT BECAUSE THAT IS A BIG DEAL AND WE CAN WORK ON THAT FOR THE 25 ALLOCATION. THANK YOU. YES, MA'AM. OKAY. PRIOR YEAR FINDINGS. AND FOR FISCAL YEAR 23, WE HAD A FINDING FOR A MATERIAL WEAKNESS IN INTERNAL CONTROLS. I DON'T THINK ANYBODY'S SURPRISED. WHENEVER YOU'RE THAT BEHIND ON AUDITS YOU'RE GOING TO HAVE INTERNAL CONTROL ISSUES. SO AT THAT POINT IN TIME, I HAD TO WRITE A CORRECTIVE ACTION PLAN. AND THE CORRECTIVE ACTION PLAN WAS VERY SIMPLE. WE TOOK IT BACK TO BASIC ACCOUNTING. WE DO CHECKLISTS. WE LOOK AT EVERYTHING THAT NEEDS TO BE DONE AND MAKE SURE IT'S DONE. ANOTHER THING THAT WE DID IS WE SPLIT DUTIES. KAYLEE HANDLES MORE OF THE CONTRACTS AND MORE OF THE PROJECTIONS, THOSE TYPE OF THINGS. I HANDLE MORE OF THE FISCAL SIDE, THE FINANCIAL SIDE. SO THOSE THAT CREATED A DOUBLE CHECK SYSTEM. IF I MAKE A MISTAKE, SHE CATCHES IT. IF SHE MAKES A MISTAKE, I MIGHT CATCH IT. SO. SO THAT HELPED FOR THE 24 AUDIT. WE DIDN'T GET TO PUT THAT COMPLETELY IN PLAY FOR 24 BECAUSE I DIDN'T START TILL JANUARY OF 25, BUT WE WERE ABLE TO GO THROUGH AND LOOK AT A BUNCH OF THINGS AND HAVE SOME OF THE THINGS CORRECTED PRIOR TO THE AUDIT. SO BECAUSE OF THAT, THEY MARKED OUR STATUS AS COMPLETE, AND WE HAD NO FINDINGS FOR FISCAL YEAR 24. SO THAT WAS A GOOD IMPROVEMENT. SHOULD BE CONGRATULATED ON THAT. BECAUSE WHEN I READ THAT, I THOUGHT, WOW, HE'S THE ONE FROM THE PREVIOUS YEAR, WAS IN THERE AND SAID IT HAD BEEN SATISFIED. BUT I THINK I WOULD REALLY CONGRATULATE YOU GUYS ON I MEAN, WE'RE IN THE CURRENT I MEAN, WE'RE YOU'RE IN A TIMELY TIME. YOU'RE TIMELY NOW FOR THE 25. KAYLEE AND I HAVE MANAGED AND WE'VE WORKED AT THE CITY FOR TWO YEARS. I'VE BEEN HELPING HER FOR ONE YEAR. AND IN THAT TIME FRAME, WE WHEN WE GET THIS AUDIT DONE IN MARCH, WE WILL HAVE GOTTEN FOUR AUDITS DONE AND WITH SHORT STAFF AND STUFF. WE DID BRING ON CHERRY BECKER TO HELP US. I'M SURE Y'ALL READ ABOUT THAT AND GREAT TEAM. THEY SIGNED US. WE CAN'T HIRE ACCOUNTANTS. WE'RE JUST STRUGGLING. AND THEY ASSIGNED US TO ACCOUNTANTS TO JUST BASICALLY BE STAFF ACCOUNTANTS. AND IT'S BEEN WONDERFUL. WE HAVE PEOPLE THAT AREN'T PULLED IN 14 DIRECTIONS. ALL THEIR FOCUS IS US. SO IT'S BEEN REALLY NICE. IT'S BEEN REALLY GOOD. SO THANK YOU FOR THAT. IT'S TAKEN A LOT OF TEAMWORK TO GET THERE. SO CAN WE GET OUR BONDING BACK NOW? SO GOOD QUESTION. I JUST HAD AN EMAIL FROM MR. WILFORD, OUR BONDING REPRESENTATIVE, AND HE WE STILL HAVE ONE. WE NEVER LOST FITCH. WE NEVER LOST THAT BOND RATING. IT DIDN'T DECREASED OR ANYTHING. WE KEPT THAT ONE. KAYLEE WORKED VERY HARD TO KEEP THAT BOND RATING. SHE WAS IN CONSTANT COMMUNICATION WITH THEM. AS SOON AS OUR AFR WAS DONE, WE SENT IT TO MR. WILFORD. HE STARTED REACHING OUT TO THE BONDING AGENCIES. AS SOON AS WE HAVE. WE DON'T EVEN HAVE TO HAVE THE FULL BLOWN AUDIT AUDIT DONE. BUT WE WILL. THEY AS LONG AS THEY HAVE GOOD FINANCIAL STATEMENTS WE CAN STAND BEHIND FOR 25, THEY'RE GOING TO PUT US INTO WHATEVER PROCESS IT TAKES. I'VE NEVER DONE THAT. IT'LL BE ANOTHER GOOD EXPERIENCE, ANOTHER PROCESS TO GET OUR BOND RATING BACK. SO WE ARE RIGHT ON THE CUSP AND THAT'S MOODY'S AND S&P. I DON'T KNOW THAT WE'RE GOING TO GO FOR S&P. MR. WILFORD DOESN'T ALWAYS SAY THAT'S A GOOD ONE FOR MUNICIPALITIES. OUR OPEB OUR PENSION REQUIREMENTS. OUR LIABILITIES ARE SO LARGE THERE THAT S&P DOESN'T USUALLY GIVE GOOD RATINGS TO MUNICIPALITIES. SO I DON'T KNOW WHAT THEY'LL DO ON THAT ONE. I KNOW FOR SURE WE'RE GOING TO GO FOR MOODY'S. AND SO I'M REAL EXCITED ABOUT THAT. AND IT'S BEEN A GOOD EXPERIENCE. BUT AS WE'RE RIGHT THERE, I MEAN, AS FAR AS GETTING THIS LAST COUPLE WEEKS, IT'S BEEN A GOOD EXPERIENCE ON GETTING WITH THEM AND THE STUFF. SO WE'RE GOOD. WE'RE RIGHT THERE. THAT'S GREAT. SO AS CONCLUSION, ODYSSEY IS VERY FINANCIALLY STRONG. YOUR DEBT FREE. THERE'S HIGH LIQUIDITY. IT JUST WE'RE VERY STRATEGICALLY POSITIONED FOR GROWTH. THEY HAVE A LOT OF ABILITY TO HELP THE COMMUNITY. OUR AUDITORS ARE VERY IMPRESSED [00:45:02] WITH OUR ODYSSEY AS COMPARED. THEY AUDIT A BUNCH AND VERY IMPRESSED WITH OUR ABILITY TO HAVE A FUND BALANCE AVAILABILITY TO HELP THE CLIENTS AND OUR COMMUNITY. SO IT WAS ALL POSITIVE FEEDBACK FROM THEM. SO DULY NOTED ABOUT THE FUND BALANCE. KAYLIE AND I WILL GET ON THAT. AND MISS DEAN WITH YOUR APPROVAL, WILL SEND YOU WHAT WE HAVE. AND BEFORE WE SEND IT TO THE AUDITORS TO SEE IF YOU'RE COMFORTABLE WITH IT AND IF THERE'S ANYTHING WE HAVEN'T THOUGHT OF AND I CAN THREE OF US CAN MEET AND LOOK AT IT, OR HOWEVER YOU ALL WOULD LIKE TO DO IT. YEAH. IF YOU'LL SEND IT TO ME, THEN. ABSOLUTELY. AND YOU'RE ALWAYS WELCOME. WE'RE. KAYLEE AND I WILL MEET WITH YOU ANYTIME YOU NEED TO TO DISCUSS IT, SO WE'RE HAPPY TO DO THAT. ANYTHING ELSE ON THAT CHAIR? YEAH, THAT'S WHAT I WAS THINKING, IS THAT WE COULD ARE WE'RE HAPPY TO DO IT. CAN BE ON IT AND I WON'T OR WHATEVER. YEAH. ALL RIGHT, ALL RIGHT. ANYTHING ELSE? DO WE HAVE MONTHLY FINANCIAL? NOT THIS MONTH. IT'S. I KIND OF FIGURED. NO, BUT THE LAST TIME WE DID HAVE. AND I HAD LOOKED AT IT BECAUSE I DIDN'T REALIZE I HAD THEM. AND I THOUGHT, GOSH, SHE WORKED TO GET THEM DONE AND I DIDN'T EVEN KNOW I HAD THEM. YOU KNOW, I HAD FULL INTENTIONS. AND THEN, YOU KNOW, WHENEVER YOU'RE WRAPPING UP AN AUDIT, EVERYBODY'S BEEN THROUGH THEM. IT IS BRUTAL. IT WAS 10:00 NIGHTS, ALMOST EVERY NIGHT FOR THE LAST TWO WEEKS. SO. BUT THAT'S OKAY. IT IS WELL WORTH IT. I THINK WE'RE TICKLED TO HAVE THE AUDIT. THANK YOU. WE APPRECIATE YOUR KIND WORDS. WE NEEDED THEM. SO THANK YOU. WE MAY NEED A MOTION TO ACCEPT THAT TO. YES. SO MOVED. SECOND. MOTION AND SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? SAME SIGN. I REALLY WAS IMPRESSED WITH THESE PAGES WHERE THE MONEY'S BEEN SPENT. FOR HOW MANY YEARS? HOW MUCH MONEY? 3 OR $58 MILLION OVER 20 YEARS OR WHATEVER IT WAS? YEAH. THERE'S THREE YEARS MISSING IN IT. WELL, I DON'T KNOW. THE LAST THREE YEARS FROM 20 TO. I WAS GOING TO ASK YOU THAT, BUT I DON'T HAVE THE ANSWER. BUT I'M GOING TO GET THE ANSWER. YEAH. IT GOES FROM 20 TO 20 FOR THOSE THREE YEARS AREN'T IN THAT REPORT. IT WAS COVID. WE'RE GOING TO MOVE RIGHT ON TO NUMBER 11. NOW WITH THAT [11. Discuss and consider awarding a job creation grant to Kyvek Energy Services] COMMENT, DISCUSS AND CONSIDER AWARDING A JOB CREATION GRANT TO CIVIC ENERGY SERVICES. GOT SOMEONE FROM COMPLIANCE? UNFORTUNATELY FOR Y'ALL, I'M REPRESENTING COMPLIANCE TODAY. SO YEAH, YOU HAVE IN FRONT OF YOU A LETTER THAT THAT I HAD SENT TO BRIAN GREEN, THE CHAIR OF COMPLIANCE, WITH REGARDS TO THIS PROJECT. THEY ARE LOCATED IN ECTOR COUNTY IN GARDENDALE. HERE IN THE AUDIENCE TODAY IS BRANDON FYE, WHO IS WITH KVC. IF YOU WANT TO HAVE HIM SAY SOME WORDS A MINUTE, BUT I'LL TELL YOU BRIEFLY. COMPLIANCE MET IN JANUARY. THEY CONSIDERED TWO DIFFERENT PROJECTS. ONE OF THEM HAD A FEW MORE QUESTIONS THAT WE HAD TO REACH BACK OUT TO THAT PROJECT. THEY'VE SINCE RETURNED ANSWERS TO THEM, SO COMPLIANCE WILL DISCUSS THOSE IN FEBRUARY. BUT WITH REGARDS TO THEY SUBMITTED A REQUEST FOR $200,000. COMPLIANCE CONSIDERED IT. THEY LOOKED AT THE CAPITAL INVESTMENT PORTION OF THE GRANT IT A LOT OF MATERIALS THAT DIDN'T SEEM TO AFFECT AD VALOREM TAXES. SO COMPLIANCE DECIDED THAT THEY DIDN'T WANT TO GO IN THAT DIRECTION WITH WITH THE CAPEX GRANT. BUT THEY DID LOOK AT JOB CREATION AND DISCUSS THAT AT LENGTH. IT SAYS IN MY LETTER, SEVEN JOBS WENT BACK AND REVISITED. LOOKS LIKE INITIALLY IT'S GOING TO BE SIX. AND OF THE SIX, THE PAYROLL IS GOING TO BE WHERE DID I PUT THAT? HOLD ON. IT ALWAYS GOES AWAY. BUT. PAYROLL IS GOING TO BE $296,400 ANNUALLY. AND THEN OR EXCUSE ME, ANNUAL IS GOING TO BE $425,200. EXCUSE ME, 425,000. SO AFTER REVIEWING THAT, RUNNING IT THROUGH THE MATRIX, THEY DECIDED AT THE TO SUPPORT THIS PROJECT UNDER THE JOB CREATION GRANT AT THE 60% LEVEL. AND THAT CAME OUT TO $117,804. AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS. LIKE I SAID, BRANDON'S HERE. I DID DO A LITTLE RESEARCH ON THIS PROJECT, AND NONE OF THESE ARE PREREQUISITES FOR ODC SUPPORT, BUT I THINK IT TELLS AT LEAST IT TELLS ME A LITTLE BIT ABOUT WANTING TO BE INVOLVED. I TALKED TO BRANDON. HE SAID THAT ALL BUT ONE OF THEIR CURRENT EMPLOYEES LIVE IN ECTOR COUNTY. SO THAT TELLS YOU SOMETHING. ADDITIONALLY, THEY RECENTLY JOINED AT A HIGH LEVEL. THEY JOINED AT AN ADVANCED LEVEL WITH THE CHAMBER OF COMMERCE. TUESDAY MORNING I WAS HAVING A MEETING WITH ODESSA COLLEGE. THEY ARE PARTNERING WITH THEM, I BELIEVE, ON THE APPRENTICESHIP PROGRAM. IS THAT CORRECT? AND SO, YOU KNOW, THOSE ARE THE TYPES OF THINGS THAT TELL ME THEY'RE REALLY [00:50:05] GETTING INVOLVED IN THE COMMUNITY, EVEN THOUGH THEY'RE UP IN GARDENDALE, THEY'RE DOING IT IN ODESSA. AND I THINK THAT'S A GREAT THING. AND SO THE COMPLIANCE COMMITTEE RECOMMENDS THAT Y'ALL CONSIDER THEM AT A AT A JOB CREATION GRANT OVER FIVE YEARS OF $117,804. JUST TO CLARIFY, THE LETTER IN THE PACKET DOES INCLUDE THE LETTER FROM COMPLIANCE, DOES INCLUDE A LITTLE BIT OF CAPITAL INVESTMENT GRANT OF 8970, FOR A TOTAL GRANT OF 120 677 FOR THE 60% LEVEL. RIGHT. BUT YOU HAD SAID SOMETHING JUST BRIEFLY THAT WE DECIDED TO REMOVE. WELL, THERE WERE SOME THINGS I DON'T THINK IT WAS DESCRIBED TO THEM PROPERLY FROM OUR OFFICE WITH REGARDS TO THE TYPES OF PERSONAL PROPERTY THAT COULD BE CONSIDERED. THERE WERE THERE WERE A BUNCH OF LIKE SUPPLIES AND THINGS. AND SO AFTER REVIEWING IT, COMPLIANCE FELT LIKE THE THE, THE JOB CREATION GRANT WAS THE DIRECTION TO GO. BUT TO DO IT AT THE, THE 60%, OKAY, IT WOULD BE WHAT WAS. SO THEY'VE BEEN THEY'VE BEEN IN GARDENDALE. HOW LONG? TWO YEARS. OKAY. COME ON UP. WE WE MOVED HERE FEBRUARY OF 23 OKAY. AND AND BUILT THAT BUILDING STARTED OUT IN A LITTLE TINY BUILDING. NOW WE HAVE A TWO STORY OFFICE. BUT YES, IT'S BEEN ALMOST THREE YEARS NOW THAT Y'ALL BEEN IN BUSINESS. CARLSBAD AND FARMINGTON, CORRECT. 26 YEARS. YEAH. SO OKAY. AND WHAT WAS YOUR NAME? SO WE OUR THAT'S BRANDON BRANDON PHI PHI. YEP. ALL RIGHT. GOOD DEAL. ANY OTHER. YEAH. THEY'VE HIT THE GROUND RUNNING ON TRYING TO GET INVOLVED WITH THE COMMUNITY. YEAH. THEY SPONSORED A DEAL THAT WAS THAT SATURDAY. THEY THEY BROUGHT THEIR COOKER, PROVIDED ALL THE FOOD FOR FOR A CHRISTIAN SCHOOL. THAT'S A CHRISTIAN. YEP. AND FOOD WASN'T BAD EITHER. SO IT WAS PRETTY GOOD. WELL WE TRY WE'RE NOT A RESTAURANT, BUT WE TRY ANYWAY. I JUST I GUESS THAT'S REALLY IMPORTANT TO US. I'M SORRY. INVOLVEMENT. THAT THE FOOD'S GOOD. NO, THAT'S AN ANCILLARY BENEFIT. BUT THE FACT THAT THEY WERE OUT THERE COOKING, I JUST SEEN THIS GUY, THE GUY THAT OWNS THE COMPANY, THEY REALLY TRIED TO GET INVOLVED WITH ODESSA SINCE THEY'VE BEEN HERE. AND, YOU KNOW, THEY'RE TRYING TO DO STUFF. SO ESPECIALLY ODESSA COLLEGE BECAUSE THEY HAVE A WE HIRED ONE OF THEIR CDL DRIVERS. THEY HAVE AN AUTOMATION PROGRAM. SO WE DEFINITELY WORK WITH THEM BECAUSE WE DO THAT. SO YEAH, WE WANT TO KIND OF BUILD A PIPELINE. YEAH. AND WE ALL LIVE HERE. MOST OF US LIVE HERE. OKAY. GOOD. ANYONE ELSE HAVE ANY QUESTIONS. SO THE RECOMMENDATION FROM FROM COMPLIANCE IS FOR THE 117 8804. AND THAT'S JUST LIKE A ONE TIME, FIVE YEAR, ONE TIME PAYMENT. IT'S A FIVE YEAR AGREEMENT. YOU KNOW, WE'VE HAD REQUESTS FROM THE PROJECT. IT WASN'T MADE ON THIS ONE. YOU KNOW, MAYBE A LITTLE FRONT END LOAD OR WHAT HAVE YOU. BUT TYPICALLY THE THE AGREEMENTS HAVE BEEN IN THE PAST FIVE YEARS, WE'VE HAD 110 YEAR TO MY KNOWLEDGE. OKAY. ONE LAST THING I'LL MENTION. I CALLED BRANDON MONDAY BECAUSE SOMEBODY MENTIONED IT TO ME. WHEN YOU PULL UP THEIR WEBSITE, IT SAYS NEW MEXICO OFFICE AND MIDLAND OFFICE. SO I CALLED HIM. I SAID, HEY, SOMEBODY ASKED ABOUT THAT AND HE SAID, OH, WE'RE GOING TO GET ON THAT. WE'RE GOING TO CHANGE MIDLAND TO ODESSA. I MEAN, THERE WAS NO QUESTION. SO BEEN A GREAT GROUP TO DEAL WITH. I KNOW IN THE PAST WHEN I WAS ON COMPLIANCE, A LOT OF OUR FIVE YEAR DEALS WERE CAPEX FOR BUILDING. AND THEN BECAUSE THE LENGTH OF TIME IT TOOK TO DEVELOP AND THEN HIRE. AND SINCE THIS DOES NOT INCLUDE THAT, WOULD WE CONSIDER A THREE YEAR? WOULD WE CONSIDER WHAT INSTEAD OF A FIVE YEAR, THREE YEAR PAYOFF? PROBABLY YES. YEAH. TIMING WISE ALREADY HIRED THE PEOPLE. THEY'VE GOT THE PEOPLE I WOULD I WOULD RECOMMEND OR MAKE A MOTION TO RECOMMEND A THREE YEAR INSTEAD OF A FIVE, AS PROPOSED BY COMPLIANCE. SECOND, COMPLIANCE WOULD STILL DO COMPLIANCE EVERY YEAR. CORRECT. YEAH. IT'S GOING TO BE IN ARREARS. SO YEAH I SECOND THAT. OKAY. GOT A MOTION AND A SECOND TO BRING IT TO THREE YEAR CONTRACT INSTEAD OF FIVE. IS THAT CORRECT. YEAH. ARE YOU GOOD WITH THAT SIR. WE'RE GOING TO RUN YOUR BUSINESS FOR YOU. OKAY. ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? SAME SIGN. OKAY. IT PASSES FIVE YEARS. A LONG TIME IN WEST TEXAS. IT IS. I'M TELLING YOU, THAT'S ABOUT THE AVERAGE LENGTH OF A MARRIAGE, ISN'T IT? WOW. I'M NOT TOUCHING THAT ONE. OKAY, NEXT, CONSIDER THE RESOLUTION [12. Consider a resolution approving a Compliance Consulting Services Agreement with Whitley Penn] APPROVING COMPLIANCE CONSULTING SERVICES AGREEMENT WITH WHITNEY PENN. I'M BACK. HELLO. HOW ARE [00:55:02] Y'ALL DOING? SO YEAH, YOU HAVE IN FRONT OF YOU A PROPOSED CONTRACT WITH WHITLEY PENN TO CONTINUE COMPLIANCE. THERE ARE SOME CHANGES ON IT. I THINK YOU'RE PROVIDED THE RED LINE. THE MAIN POINTS OF IT IS WHEN THEY INITIALLY SUBMITTED THE RENEWAL FOR COMPLIANCE, THEY SUBMITTED A CONTRACT FOR $7,800 PER AUDIT. AND I KNOW THE ODC BOARD A NUMBER OF MONTHS AGO DISCUSSED PUTTING A TIMELINE ON THAT. WELL, THEY THEY ACTUALLY LISTENED TO THAT DISCUSSION. I THINK THEY FOLLOWED THE MEETING ON FACEBOOK AND AND THEY THEY DIDN'T HAVE A PROBLEM WITH THAT, BUT THEY WANTED THE THEY WANTED OUR OFFICE TO GATHER THE INFORMATION THAT NEEDED TO BE USED. THERE WAS SOME BACK AND FORTH. I KNOW PEGGY MENTIONED AT ONE TIME WE WERE TALKING ABOUT MAYBE WE COULD DO IT IN HOUSE, AND I CAN BE A LITTLE STUBBORN AND CHEAP. BUT I FINALLY CAME TO MY SENSES, WORKING WITH THE GREAT STAFF AND REALIZED, YOU KNOW WHAT? THIS IS NOT SOMETHING WE WANT TO DO RIGHT NOW, RIGHT? AND I AGREE WITH THAT. NOW, AS FAR AS THE DATA COLLECTION, YOU KNOW, PROOF OF LIABILITY INSURANCE W-9 THE THE TEXAS WORKFORCE INFORMATION, SINCE WE'RE NOT HAVING TO ANALYZE IT, WE'RE JUST COLLECTING WHAT IS NEEDED FOR THE AUDITOR TO DO THE TO CONDUCT THE AUDIT. WE FEEL LIKE WE CAN WE CAN DO THAT. I EVEN EMAILED TODAY AND TINA RESPONDED VERY QUICKLY OR YESTERDAY, I CAN'T REMEMBER, YOU KNOW, WHEN A REQUEST IS MADE TO THE CITY FOR PAYMENT, WE'RE NOT ALWAYS AWARE OF IT. THAT'S USUALLY WHAT SETS OFF THE COMPLIANCE AUDIT. AND SO NOW THEY'RE GOING TO INCLUDE WHEN WHEN A REQUEST IS MADE TO THE CITY, THEY NEED TO COPY US ON THE REQUEST SO THAT SO THAT WE KNOW WHEN THAT'S BEEN MADE. AND THAT WAY WE CAN START DOING OUR PART AS FAR AS COLLECTING THE INFORMATION THAT NEEDS TO BE UTILIZED TO TO CONDUCT THE AUDIT. AND SO THEY THEY ALSO DROPPED THE PRICE TO SINCE AND WHEN HE WHEN HE MENTIONED THAT, I SAID, WELL, IF Y'ALL AREN'T GOING TO BE DOING THAT WORK, WE ARE SHOULDN'T THE AUDIT BE CHEAPER? AND THEY DROPPED IT TO 5500 PER PER AUDIT. OKAY. SO IF WE GIVE THEM ALL THE INFORMATION IN TIME. CORRECT. AND THAT'S I MEAN, I HAVE SOME REAL HEARTBURN OVER THAT BECAUSE YOU SAY, WELL, IT'S JUST NINE SOME W2'S AND A WORKFORCE, YOU KNOW, THEIR PAYROLL REPORTS. WELL, IF THERE'S CAPITAL CAPEX INVOLVED, IT'S INVOICES. IT'S COPIES OF EVERYTHING THAT THEY'VE SPENT. I MEAN, IT'S NOT I JUST WANT TO TELL YOU, NO, NO, I UNDERSTAND IT'S WORK. WE'VE ACTUALLY DONE A LITTLE BIT OF IT IN THE PAST TO TRY TO HELP OUT WHEN WHEN REQUESTED. I THINK THAT WAS WHAT GAVE THE AUDITOR THE GREATEST HEARTBURN. NOW, THE REASON WHEN THEY WHEN THEY DID THAT, AND I FINALLY KIND OF THOUGHT ABOUT THE COMING TO THE CONCLUSION THAT THAT WE COULD DO IT. WE HAVE THE RELATIONSHIP WITH THE PROJECT. YOU KNOW, THE AUDITOR COMES IN KIND OF COLD TURKEY WHEN WHEN A REQUEST IS MADE FOR PAYMENT AND THERE'S NO RELATIONSHIP, THEY JUST REACH OUT TO WHOEVER'S ON THE CONTRACT AND REALLY, WHOEVER'S ON THE APPLICATION ACTUALLY MAY NOT HAVE BEEN WHO WE DEALT WITH WHEN WE WERE TRYING TO GET THEM TO, TO SUBMIT AN APPLICATION. BUT USUALLY, YOU KNOW, A GOOD EXAMPLE. WE'VE BEEN KIND OF THE FACE TO FACE WITH THEM THE WHOLE TIME. THAT'S WHO THEY'VE BEEN DEALING WITH. AND SO, YOU KNOW, WHEN IT COMES TIME TO TO RESPOND TO A REQUEST FOR PAYMENT FROM QUEBEC, I'LL CALL BRANDON AND I GET THAT. BUT I GUESS WHAT I'M SAYING IS, YOU KNOW, THEY REDUCE THEIR FEE BY $2,500 BECAUSE THEY DON'T WANT TO GO GET THE INFORMATION. SO THAT TELLS YOU IN ITSELF IT'S NOT JUST A FEW PIECES OF PAPER. AND, YOU KNOW, WE USED TO DO DO THIS IN, IN HOUSE AND, AND IT JUST WE WERE SO FAR BEHIND OUR AUDITS. YOU KNOW, I THINK WHEN I FIRST CAME ON COMPLIANCE, I DON'T REMEMBER IF YOU WERE WHO WAS CHAIR, BUT, YOU KNOW, WE WERE LIKE 9 OR 10 BEHIND, YOU KNOW, THAT THERE JUST WAS NOBODY IN THE CITY WAS GOING TO DO THEM AND THEY WERE COVERED UP. AND I GUESS I'M JUST CONCERNED. I, I THINK THERE'S MORE TO THIS THAN WHAT YOU THINK THERE IS. AND I DON'T I THINK SOMEBODY IF WE DO THIS, SOMEBODY'S GOT TO ASSUME RESPONSIBILITY FOR IT AND AGREE TO DO IT TIMELY. AND IF THAT MEANS IF, IF THE CITY'S GOING TO I MEAN, I DON'T EVEN KNOW IF YOU GUYS HAVE TIME TO DO THAT. AND YOU'RE REFERRING SPECIFICALLY TO THE GATHERING OF THE INFORMATION BECAUSE THE AUDIT THIS THIS SAYS 60 DAYS BECAUSE IT'S NOT JUST I MEAN, IT'S REALLY NOT AS EASY AS THAT SOUNDS. YEAH. AND ONCE YOU GET, YOU KNOW, I MEAN, I JUST THINK THAT THE CITY DIDN'T HAVE THE TIME TO KEEP DOING IT, AND I DON'T I DON'T EXPECT THAT YOU HAVE MUCH MORE TIME NOW. AND I DON'T REALLY THINK THAT'S THE CHAMBER'S RESPONSIBILITY, BUT [01:00:03] MAYBE IT IS. I MEAN, MAYBE YOU COULD GO OUT THERE AND GET THE INFORMATION. I'M JUST SAYING, AND I'M NOT TRYING TO BE A SMART ALECK, BUT I DON'T KNOW THAT THAT A LAYPERSON KNOWS EVERYTHING. THEY NEED TO GET ALL THE I MEAN, YOU CAN GIVE A LIST. YEAH, BUT BETTER OFF THAN AT 7800 AND REQUIRING THEM TO GATHER WHAT THEY NEED. WELL, APPARENTLY THEY DIDN'T WANT THE TIME. THEY DIDN'T WANT TO HAVE THE TIME. YEAH. IF THEY I'M SURE THEY PROBABLY DON'T WANT THIS AT ALL, QUITE HONESTLY. BUT SOME BACKGROUND ON THAT. MIKE, WE'VE HAD A PROBLEM WITH THIS. WE CAN'T FIND ANYONE TO COME GIVE US A QUOTE NOBODY WANTS. THIS IS A PAIN. IT'S A YEAH PAIN IN THE BUTT TYPE SITUATION. SO THEY'VE AT LEAST MOVED IT IN WHERE THEY CAN DO IT IN THEIR OFFICE AND NOBODY HAS TO LEAVE THE OFFICE. THAT'S THE POINT OF THIS, IS THAT THEY'VE GOT SOME STAFF ACCOUNTANTS THAT CAN TAKE INFORMATION AND PUT IT IN A FORMAT. I MEAN, I JUST I'M JUST A LITTLE CONCERNED ABOUT WHO HAS THE EXPERTISE AND THE TIME AND WILL TAKE THE RESPONSIBILITY OF COLLECTING THE INFORMATION. WELL, I MEAN, WE WILL WE WILL COMMIT TO IT IF, IF, IF THAT'S WHAT YOU ALL AGREE TO WITH THIS CONTRACT HERE, IF THERE'S A BETTER WAY. I MEAN, RIGHT NOW WE'VE, WE'VE GOT MOST ALL THE INFORMATION THEY WILL NEED FOR DOWNING, WHICH IS A PROJECT THAT NEEDS TO BE AUDITED NOW. BUT IT CAN'T BE UNTIL WE HAVE AN AUDITOR. BUT I MEAN, YOU KNOW, I'M NOT LYING IN BED AT NIGHT GOING, GOD, I HOPE WE GET TO COLLECT ALL THAT DATA FOR THE UPCOMING COMPLIANCE AUDITS. BUT I KNOW THEY NEED TO. YOU KNOW, THERE HAS BEEN A HISTORY OF RUNNING WAY BEHIND. YOU KNOW, IF WE TOOK IT ON, MY GOAL WOULD BE THAT THAT WE SHOW YOU THAT WE CAN DO IT. AND THEN YOU'RE SEE IT ADDRESSED IN THE BUDGET NEXT YEAR. BUT BECAUSE. NO, I UNDERSTAND WHAT YOU'RE SAYING. IT'S NOT JUST AN EASY, YOU KNOW, AND A LOT OF THESE COMPANIES WHAT I'VE LEARNED YOU KNOW WHEN WHEN BECAUSE I'VE TALKED TO WHITLEY PENN ABOUT IT. WHEN THEY REACH OUT TO HIM, YOU KNOW IT. THERE'S NOT A RESPONSE. IT USUALLY STARTS WITH AN EMAIL. YOU KNOW, ON OUR END, WE'D PROBABLY WANT TO TRY TO START WITH A PHONE CALL AND THEN AN EMAIL. IT'S SIMPLY BECAUSE MOST ALL THE PROJECTS WE KNOW FIRSTHAND, DOES THAT MEAN THEY'RE GOING TO RESPOND BETTER? NOT NECESSARILY. NO. WELL, DO YOU HAVE A PERSON? I MEAN, WE THOUGHT MJ MIGHT HAVE BEEN A QUALIFIED PERSON TO DO AT LEAST COLLECT THE INFORMATION. DO YOU HAVE SOMEBODY NOW? WE ARE WE'RE ADDRESSING THAT RIGHT NOW. AND SO I CAN TELL YOU THAT I FEEL STRONGLY BY THE END OF FEBRUARY WE WILL YES. I HAVE A COUPLE OF QUESTIONS. LOOKING AT PAGE FOUR ON THE RED LINE. AND THIS MAY BE MORE OF A LEGAL QUESTION ON THE SECOND LINE, WHERE IT SAYS IN THE EVENT, ODYSSEY ADVISES THAT ALL REQUIRED SUPPORT HAS BEEN PROVIDED BY SUCH SUPPORT IS LATER DETERMINED TO BE INCOMPLETE OR INSUFFICIENT. WHO DETERMINES IF IT'S INCOMPLETE OR INSUFFICIENT? THE ACCOUNTING FIRM, I MEAN, IF THEY CAN'T, IF THEY CAN'T COMPLETE THE REPORT BECAUSE WE HAVEN'T GIVEN THEM ALL THE INFORMATION THEY NEED, THEN WELL, I GUESS KIND OF THIS TIES INTO THE FEES, BECAUSE THE WAY THAT THAT LANGUAGE IS WRITTEN IS THE FEES COULD GO UP IF IT'S NOT PROVIDED. SO IF WE IF, IF, IF ODYSSEY PROVIDES THE INFORMATION AND ODYSSEY SAYS, HEY, WE HAVE EVERYTHING. AND THEN THE ACCOUNTANT SAYS, WELL, WE DON'T AND THERE'S SOME CONFLICT THERE WHO MAKES, I GUESS, WHO MAKES THAT DETERMINATION IN THAT? WELL, I THINK WHAT HE SAID, WE'RE GOING TO I'VE REACHED OUT ABOUT A KIND OF A CHECKLIST OF WHAT THEY NEED, THE INFORMATION THEY NEED, AND THEY'RE PROVIDING THAT TO US. YOU KNOW, IF THERE'S SOMETHING BEYOND THAT CHECKLIST, YOU KNOW, IT HADN'T COME TO MY ATTENTION YET. AND THEN SOMETIMES IN THESE IN, IN SOME PRIVATE VERSUS MUNICIPAL, A LOT OF TIMES WHEN WE HAVE THE DEFINITION WORK, WE HAVE DEFINITIONS FOR WHAT IS TIMELY, WHAT IS TIMELY PROVIDED. BUT I DON'T SEE THAT IN HERE. NOW, THAT MAY BE I DON'T KNOW IF THAT'S SOMETHING THAT'S NORMALLY PUT IN THERE, BUT WE'RE TALKING ABOUT THERE ARE A LOT OF THINGS TIED TO GIVING INFORMATION AND GIVING THAT INFORMATION ON A TIMELY. BUT THERE'S NOTHING IN HERE THAT I SEE THAT DEFINES AS WHAT TIMELY ACTUALLY IS, OTHER THAN THE 60 DAYS. 60 DAYS FROM WHEN THEY ARE PROVIDED THE DATA THEY NEED. CORRECT. AND THEY'RE GOING TO PROVIDE YOU WITH A LIST OF ALL THE REQUIRED DATA. SO HOW MANY OF THESE ARE YOU DOING A YEAR? HOW MANY OF THESE AUDITS HAVE TO BE DONE A YEAR? I WOULD SAY THERE'S PROBABLY MAYBE 15 BROUGHT BEFORE THE BOARD, NOT THAT WE'RE DOING, BUT 10 TO 15 A YEAR MAYBE. DOES THAT SOUND EVERY THERE'S ONE FOR ANYBODY THAT'S GETTING A PAYMENT FROM US. YEAH. YOU KNOW SO. SO YOU COULD BY PAYING THEM 5500, YOU'D HAVE 2300 PER CONTRACT [01:05:08] THAT YOU COULD PUT IN YOUR BUDGET IF YOU NEEDED TO, TO HIRE SOMEBODY TO ACCUMULATE THE STUFF FOR THE TO MAKE THE PROCESS FASTER. I'M THINKING, YOU KNOW WHAT I'M SAYING? YOU COULD HIRE SOMEBODY TO DO THAT WITHIN ODC. AND. SO I'M GOING TO I'M GOING TO JUST GO BACK TO THIS AGAIN BECAUSE I'M, I'M JUST BECAUSE WORDS MATTER, RIGHT? WHEN WE'RE LOOKING AT IT. I'M READING PAGE TWO, WHICH SAYS THE CONSULTANT TO COMPLETE AGREES TO COMPLETE THE EVALUATION WITHIN 60 DAYS OF RECEIPT OF THE INFORMATION. BUT I'M JUST I DON'T SEE IN THE CONTRACT AND MAYBE I'M MISSING IT. WHAT SPECIFIC TIME IT SAYS THAT ODC HAS TO PROVIDE THAT THAT IS IT. SO, FOR EXAMPLE, THE CONSULTANT SAYS IF THERE'S LANGUAGE IN THERE THAT SAYS THE CONSULTANT WILL REQUEST THIS AND ODC HAS TO PROVIDE IT WITHIN 30 DAYS. I DON'T SEE ANYTHING LIKE THAT IN THE CONTRACT. RIGHT. THERE'S NO FRONT LOADED TIMETABLE FOR THIS CONTRACT BECAUSE REALLY, THEY'RE NOT COMING IN UNTIL THAT FRONT LOADED WORK OF GATHERING IS COMPLETE. YOU KNOW, LOOKING AT IT FROM A DIFFERENT DIRECTION, I'VE TALKED TO A COUPLE OF PEOPLE WITH A COUPLE OF OTHER EDOS, AND THEY PUT INTO THE CONTRACT THAT THE PROJECT NEEDS TO PROVIDE THE INFORMATION UPON REQUEST, WITHIN A CERTAIN TIMELY FASHION. WE DON'T WE DON'T HAVE THAT. MATTER OF FACT, I WAS TALKING TO ABILENE, AND I'M NOT TRYING TO GET OFF ON ANOTHER DEAL, BUT I'M JUST TALKING ABOUT THE COMMUNICATION BETWEEN PROJECTS AND EVERYTHING. CHRISTY ALLUDED TO IT EARLIER WITH REGARDS TO LIBERTY. WE'VE REALLY STRUGGLED HAVING SOMEBODY LOCAL OF RECENT OF LATE THAT THAT WE CAN TALK TO ABOUT EVEN COMMUNITY INVOLVEMENT. AND SO I WAS TALKING TO OR OUR TEAM WENT OUT AND MET WITH THE ABILENE DEVELOPMENT CORPORATION. THEY ACTUALLY HAVE A DEAL IN THEIR CONTRACT THAT REQUIRES WHEN, WHEN WHEN WE REACH OUT TO YOU, YOU RESPOND. RIGHT. AND SO AND I THINK THAT'S KIND OF THE POINT I'M TRYING TO GET AT, WHICH I DON'T THERE'S NOTHING LIKE THAT IN THERE. BUT I THINK SOMETHING LIKE THAT IN THERE COULD HELP. YEAH, I, I DON'T THINK THERE'S ANYTHING REALLY FOR THAT FIRMLY. I MEAN THEY'RE TOLD THAT THEY NEED TO PROVIDE THAT, BUT I DON'T THINK THERE'S ANYTHING THAT HOLDS THEIR FEET TO THE FIRE. RIGHT. OTHER THAN THE PAYMENT, OTHER THAN OTHER THAN THEY DON'T GET THE MONEY. AND AND I CAN TELL YOU WE PROBABLY HAD, YOU KNOW, NOT OF LATE BECAUSE, YOU KNOW, THE CITY FINANCE AND EVERYBODY THEY'RE THEY'RE BOOSTING THEIR STAFF AND, AND ALL THEIR, ALL THE PROGRAMS ARE COMING UP WITH AND AUDITS AND EVERYTHING. THEY'RE, THEY'RE GETTING BACK IN THE GAME. BUT TWO YEARS AGO I WAS GETTING CALLS REGULARLY FROM PROJECTS ABOUT PAYMENTS. AND BACK THEN, YOU KNOW, WE DIDN'T REALLY KNOW WHEN THE REQUEST WAS MADE. WE YOU KNOW, WE HADN'T KIND OF INTERVENED IN IT. AND NOW WE'RE KIND OF INTO THE PROCESS SO THAT WE CAN, YOU KNOW, BECAUSE WHEN SOMEBODY CALLS AND SAYS, WHERE'S MY CHECK? AND IT'S LIKE, WELL, LET ME CHECK, YOU KNOW, WELL, NOW WE KNOW THAT THAT, YOU KNOW, WHEN THEY'RE UP FOR IT AND THIS AND THAT AND, AND, YOU KNOW, WE'RE WORKING BETTER WITH AS A TEAM WITH THE CITY TO HANDLE THIS. BUT I THINK IT WOULD BE A GOOD IDEA IN THE CONTRACTS MAYBE TO TO PUT A REQUIREMENT THAT WHEN YOU'RE REQUESTED CERTAIN INFORMATION TO RECEIVE YOUR PAYMENT, THAT NEEDS TO OCCUR IN A TIMELY FASHION, BECAUSE RIGHT NOW THERE'S THERE'S NOTHING LIKE THAT, TOM, ON OUR AUDITS, DO THEY. OKAY. SO LET'S SAY SOMEBODY THEY GOT THEIR ADVANCE IN APRIL. AND SO IT'S GOING TO BE LOOKED AT EVERY APRIL IS DOES THE INFORMATION THAT THE AUDITORS GATHER GO FROM APRIL TO APRIL BECAUSE THEY HAVE DIFFERENT. IT'S FROM THE EXECUTION OF THE. BUT THE POINT IS, IS THEY DON'T GO TO A CALENDAR YEAR. IT'S NO IT'S WHEN THE CONTRACTS EXECUTED. I JUST WANT YOU I MEAN, I'M JUST TALKING ABOUT THE COMPLEXITIES OF IT BECAUSE LET'S SAY IF IT'S WITH TWC AND THEY'VE GOT THEIR QUARTERLY REPORTS AND THIS STARTS IN THE MIDDLE OF A QUARTER, WELL THEN THAT'S GOT TO BE PRORATED. AND THEN THE ENDING HAS TO BE. AND WHEN PEOPLE GET HIRED, YOU KNOW WHAT? IF THEY WEREN'T HERE THAT WHOLE TIME, ONLY THE PEOPLE THAT HAVE BEEN HERE FOR THAT WHOLE TIME GET. I'M JUST SAYING THIS SEEMS EASIER THAN IT IS. WELL, AND SHE BRINGS UP A GOOD POINT, BECAUSE I CAN TELL YOU A LOT OF OUR PART OF WHY LIBERTY ASKED FOR AN AMENDMENT TO TO PUSH THEIRS OUT IS WHEN IT CAME TIME TO REQUEST REQUEST TO CHECK AND AND DO COMPLIANCE. IT WASN'T IN SYNC WITH THEIR CALENDAR. AND SO MAYBE, YOU KNOW, ON OUR END WE DO A LITTLE BETTER JOB EDUCATING THEM. YOU KNOW, A LOT OF TIMES THE PROCESS GOES, TINA WILL SEND US A PROPOSED EDA THAT LEGAL'S DRAWN UP. WE SEND IT TO THE CLIENT AND ASK THEM TO REVIEW IT. THEY MAY HAVE SOME RED LINES, BUT A LOT OF TIMES ON THOSE TYPE OF DATES THAT YOU'RE TALKING ABOUT, THEY MAY NOT BE [01:10:03] THINKING ABOUT THAT. WELL, THEN ALL OF A SUDDEN WHEN THAT CALENDAR TIME COMES AROUND, IT HITS THEM AND IT'S LIKE, OH, WAIT, THIS IS NOT A GOOD TIME FOR THIS. I MEAN, IT, IT'S ONE THING. IT'S NOT A IT'S NOT THEIR YEAR END NORMAL, IT'S ANOTHER THAT IT'S PROBABLY NOT EVEN A QUARTER ENDING. IT'S JUST, YOU KNOW, SO AND AND I'M NOT TRYING TO BELABOR THAT POINT. I'M JUST SAYING THAT IT'S NOT AS EASY AS JUST GOING AND GETTING A COUPLE OF REPORTS FROM THEM. AND THEN YOU FACTOR IN, AND I'M NOT TRYING TO SOUND NEGATIVE TOWARDS OUR PROJECTS BECAUSE WE LOVE MORE PROJECTS. IT'S AMAZING HOW MANY I FIND WHEN I'M TALKING TO THEM. A YEAR LATER, YEAR AND A HALF LATER, HAVE NOT READ THE CONTRACT. AND SO, YOU KNOW, I, I TOLD SOMEBODY, I CALLED SOMEBODY BECAUSE I KNEW THEM ABOUT SIX MONTHS AGO AND I SAID, WHY HAVEN'T Y'ALL REQUESTED PAYMENT YET? WELL, DO WE HAVE TO. YEAH. IT'S ON PAGE SIX UNDER PAYMENT. SO, YOU KNOW, A LOT OF THEM JUST DON'T READ IT. WELL, I WOULD SAY MAYBE WE NEED TO SPEND A LITTLE MORE TIME GOING OVER IT WITH THEM WHEN THEY SIGN IT. YEAH. THERE NEEDS TO BE AN ONBOARDING, YOU KNOW, AND JUST THOSE THINGS THAT WE KNOW ARE ISSUES AND THEY MAY SAY, OH, I DON'T NEED TO DO THAT. I'VE ALREADY SIGNED IT. BUT THOSE KEY ISSUES, I MEAN, MAYBE WE NEED TO SAY, LOOK, THESE ARE REALLY IMPORTANT TO US AND IT'S IMPORTANT THAT YOU UNDERSTAND IT. SO IF THEY HAVEN'T EVEN READ IT, THEN IT GIVES ME PAUSE TO THINK THAT THEY'RE EVEN GETTING MONEY IF THEY DON'T EVEN KNOW WHY AND WHEN AND OR THEY'VE READ IT AND JUST FORGOT IT SO WELL, WELL. BUT THE BACK TO THE FOCUS OF THE CONCERN FOR THIS CONTRACT THAT WE'RE GOING INTO. WHITLEY, WAS IT THEIR IDEA TO LOWER THE PRICE AND SHIFT THIS BURDEN TO ODC? YES, IT WAS THEIR IDEA TO SHIFT THE BURDEN TO ODC. OKAY. AND THEN I SAID, IF YOUR RESPONSIBILITIES ARE GOING TO DECREASE, SHOULDN'T YOUR COST ALSO. AND THEN THEY CAME BACK A WEEK LATER WITH A NEW CONTRACT PROPOSAL. SO FOR THE STRICT ACTION AND APPROVAL OF THIS PROPOSAL, OUR CONCERNS REALLY NEED TO BE ON THE BACK END WITH FIGURING OUT A STRUCTURE AND CHECKLIST AND ONBOARDING WHATEVER THE PROCEDURES NEED TO BE, TO MAKE SURE THAT WE'RE PREPARED FOR THE IMPLICATIONS OF THIS CONTRACT WE'RE SIGNING, BECAUSE THEY'RE NOT DOING THAT ANYMORE. WE'RE GOING TO BE THE ONES TO DO IT. SO BUT THAT'S NOT REALLY ANYTHING WE NEED TO DO TODAY, RIGHT? THAT'S JUST WE NEED TO UNDERSTAND THAT'S COMING. CHANGES ARE COMING. WHETHER IT'S A CHECKLIST FOR THE CUSTOMER, AN ONBOARDING PROCESS OR REMINDERS IN A CERTAIN PERIOD, WHATEVER THAT MAY LOOK LIKE IS OUTSIDE OF THE ACTION OF THIS CONTRACT WITH WHITLEY. UNLESS UNLESS WE'RE CONVINCED THAT THERE'S NOT ANOTHER FIRM THAT WOULD DO THE WHOLE THING. I MEAN, YOU KNOW, I DON'T I KNOW WEAVER DIDN'T WANT TO DO IT ANYMORE. AND, YOU KNOW, I DON'T KNOW, I THINK THERE COULD BE SOME SMALL AUDITING FIRMS THAT MIGHT WANT TO DO IT. I DON'T KNOW WHO ELSE IN ODESSA DOES AUDITING WORK? NOT MANY. WELL, THERE'S A COUPLE OF OF SOLE PROPRIETORS, BUT BUT TO YOUR POINT, YEAH, I MEAN IT. WE CAN SIGN THIS CONTRACT. I JUST WANT US TO UNDERSTAND THAT WE STILL CAN'T GO GET AN AUDIT BECAUSE WE DON'T HAVE ANYBODY TO DO THAT NEXT PIECE. AND MAYBE YOU SAID YOU THINK YOU'VE GOT SOMEBODY TO DO IT AND YOU COULD DO IT. AND, YOU KNOW, MAYBE, MAYBE WE DO IT THAT AND TRY IT. BUT I'M NOT CONVINCED THAT WE DON'T NEED TO MAYBE FIND, YOU KNOW, A RETIRED CPA. YOU KNOW, THAT'S NOT WORKING ANYMORE. THAT CAN GO OUT ON THEIR OWN TIME AND GATHER UP INFORMATION, AND WE PAY THEM TWO GRAND TO PUT IT ALL TOGETHER, YOU KNOW, TO GET IT THAT THAT ISN'T A BETTER IDEA THAN HAVING THE CITY CAN'T DO IT. AND, YOU KNOW, TOM'S ONE SHORT. AND MAYBE YOU'RE HIRING SOMEBODY THAT YOU THINK I MEAN. RENEE, I GUESS YOU COULD SPEAK TO THAT AS MUCH AS ANYBODY IS. IF YOU HAVE A FINANCIAL PERSON THAT COULD DO THIS. WELL, SHE'S COMING UP. SO ARE YOU RECOMMENDING US TAKE NO ACTION ON THIS NOW AND WAIT AND SEE? OR I THINK TO JEFFERSON'S POINT, IF WE ACCEPT THAT WE'RE GOING TO TAKE THE RESPONSIBILITY FOR GATHERING THE INFORMATION, THERE'S NO REASON NOT TO SIGN THIS. THE ONLY REASON THERE WOULD BE TO NOT SIGN IT IS IF WE FEEL LIKE THERE'S SOMEBODY THAT WOULD STILL DO A TURNKEY PROJECT. ALL OF IT. ISN'T THAT RIGHT? CORRECT. SO I CAN TELL YOU, THE FINANCIAL PERSON THAT WE DO HAVE WOULD NOT HAVE THE CAPABILITY. SHE WOULD NOT HAVE THE TIME TO DO THAT. SO WE WOULD BE LOOKING TO HIRE A NEW [01:15:01] PERSON. IT'S REALLY TWOFOLD. THERE'S THE PERSON TO GATHER THE INFORMATION, AND THEN THERE'S THE PERSON WITH THE ACCOUNTING BACKGROUND TO UNDERSTAND AND PROCESS THE INFORMATION. SO I KNOW TOM HAS A JOB DESCRIPTION THAT HE'S BUILDING THAT WOULD TAKE THIS INTO ACCOUNT. I DO THINK YOUR IDEA OF LOOKING TO HIRE SOMEONE WHO'S RETIRED, WHO MIGHT HAVE TIME TO DO THAT ON A CONTRACT BASIS, MIGHT BE AN OPPORTUNITY TO LOOK AT, BECAUSE HIRING PEOPLE WITH ACCOUNTING BACKGROUND IS VERY DIFFICULT. YOU JUST MENTIONED THAT. SO MAYBE YOU GET AN INTERN FROM UTPB. THAT'S GREAT. YEAH, BUT AN INTERN HADN'T DONE ALL OF THE PAYROLL REPORTS, AND IT'S A UNIQUE POSITION THEY WOULD LEARN. SO YEAH, I'D HAVE TO, RENEE. BUT ALL THEY'RE DOING IS GATHERING INFORMATION. I REMEMBER WHEN WE WENT THROUGH THIS WITH WEAVER AND WE DIDN'T WE GO TO EXTENSIVE TO TRY TO FIND SOMEBODY, AND NOBODY WOULD EVEN RETURN OUR MAIL. WELL, AS YOU SAID, PEGGY, IT WAS DONE. I THINK WITHIN THE CITY YOU HAD AN AUDITOR ON STAFF. YEAH. AND. YEAH. AND IT WAS IT WAS WAY BEHIND. AND THEN TRYING TO FIND A LEGAL OR AN ACCOUNTING FIRM TO BE ABLE TO DO THAT BECAUSE AGAIN, THEY'RE VERY STRAPPED, THEY'RE VERY BUSY. AND THIS IS A PARTICULAR SERVICE THAT THEY THEY'RE BUSY DOING OTHER THINGS. SO IT HAS BEEN VERY DIFFICULT TO FIND THE ONE. THE CONTRACTS WE HAVE HAD, THEY'VE BEEN VERY BEHIND. AND BECAUSE THEY'RE BUSY WITH OTHER PROJECTS. SO I THINK THERE'S, YOU KNOW, WE NEED TO FIND A PREGNANT CPA. YOU KNOW, THAT WOULD BE TICKLED TO DO THIS. THIS SOUNDS LIKE A LIFE EXPERIENCE. YOU KNOW, I WOULD HAVE SAID, WE'LL ONLY HAVE HER FOR NINE. WE'LL ONLY HAVE HER FOR NINE MONTHS. YEAH, WELL, WELL, SAY THE GUY COULD BE. YEAH, HE WOULDN'T BE A GUY, BUT. YEAH, BUT I WOULDN'T SING THAT DISPARAGINGLY. I'M SAYING, YOU KNOW, THAT WOULD BE SOMEONE THAT WOULD HAVE THE OPPORTUNITY TO DO IT, OR MAYBE A RETIRED ONE. BUT. WELL, ON THIS TERM, CAN WE EXTEND IT PAST SEPTEMBER SINCE WE'RE ALREADY HALFWAY TO SEPTEMBER? YEAH, THE TERM WAS FROM OCTOBER TO SEPTEMBER. SO CAN WE DO IT TILL THE END OF 26? HAVE THEY DONE ANY AUDITS IN THIS TIME FRAME? THEY HAVE, HAVEN'T THEY? NOT SINCE THE END OF SEPTEMBER. THEY STARTED A COUPLE, BUT THEN THEY DID NOT FINISH THEM. I THOUGHT WE SAW ONE NOT TOO LONG AGO. I WILL BEFORE I SIT DOWN, I WILL TELL YOU THAT IF YOU DECIDE THAT THE CHAMBER TAKES THIS ON, WE WILL ABSOLUTELY MAKE SURE IT GETS TAKEN CARE OF. IF WE HAVE A STAFF PERSON OR IF WE CONTRACT WITH SOMEONE TO DO THAT. BUT IF YOU GIVE US THE RESPONSIBILITY, WE WILL MAKE SURE IT HAPPENS JUST A MATTER OF HOW YOU DECIDE TO DO THAT. I RECOMMEND IF WE DECIDE TO DO THIS AND I'M I'M AMENABLE TO WHATEVER WE DECIDE. BUT WITH THE CONTRACT THAT WE PUT THAT LANGUAGE IN THAT WE TALKED ABOUT, ABOUT UPON REQUEST, THERE'S A CERTAIN TIME THAT THE INFORMATION AND I THINK THAT WOULD FIT UNDER 3.2 FOR PERFORMANCE OF SERVICES. I'M NOT TELLING THE LAWYERS HOW TO DO Y'ALL'S HOW TO DRIVE YOUR CAR. RIGHT. YOU'RE MORE THAN CAPABLE. THIS IS MY MY MY LEGAL NON MUNICIPAL EXPERTISE. BUT BUT I FEEL MORE COMFORTABLE WITH THAT. I THINK IT GIVES A LITTLE BIT MORE. IT REALLY TIGHTENS. TIGHTENED THIS UP A LITTLE BIT FOR THAT. CAN WE PUT THAT AMENDMENT AND THEN VOTE ON IT LEGAL. OKAY. SO I GUESS I WOULD MOVE TO MAKE TO AMEND THIS CONTRACT TO ADD THE LANGUAGE THAT WE TALKED ABOUT WITH TOM ABOUT A UPON REQUEST INFORMATION BE PROVIDED AND AS LEGAL DEFINED AS LEGAL WORKS THAT OUT IN THE BEST WAY THEY UNDERSTAND. I WOULD RECOMMEND CONSIDERATION OF A OF A SPECIFIC TIME LIMIT. I'M SORRY, I'M SORRY. GO AHEAD. I WAS GOING TO SAY I'D RECOMMEND IF YOU IF THAT'S OKAY RECOMMENDATION OF A SPECIFIC WHETHER THAT'S LIKE 30 OR 60 DAYS. ONCE A REQUEST IS MADE, THEY HAVE A CERTAIN TIME PERIOD TO PROVIDE THAT INFORMATION TO US. THAT'S MY MOTION. THEY BEING THE PROJECT, THE ONE RECEIVING THE FUNDING PROJECT IN THE PARTY. THAT'S WHAT I'M WONDERING. IS THE PROJECT A PARTY TO THIS CONTRACT? NO. THEY NEED TO BE IN THEIR CONTRACTS. NO, I WAS TALKING ABOUT THEIR CONTRACTS. I'M SORRY, I IF I MISLED YOU, I MEANT TO SAY, MOVING FORWARD WITH EDAS, I THINK WE SHOULD HAVE A REQUIREMENT THAT THE CLIENT THINK SO TOO. BUT THEY'RE NOT. THEY'RE NOT PART. SO I'M SORRY. THEN I'M. I'M TALKING ABOUT THE CONSULTANT BECAUSE THERE'S NOTHING. BUT I'D LOVE TO HEAR FROM FROM YOU. AND I'M CONFUSED AS WELL. SO THE TIME FRAME TO, TO PROVIDE THE DOCUMENT THAT WOULD BE IN THE CONTRACT WITH THE CONTRACTOR, WITH THE, THE DEVELOPER. SO WITH THIS CONTRACT THOUGH IT IT REALLY BECAUSE THIS, THIS COMES TO REALLY A MONETARY ISSUE. RIGHT. [01:20:06] AND IT'S IF INFORMATION IS NOT PROVIDED IT'S NOT PROVIDED TIMELY. BUT LET ME MOVE PAST THAT. LET'S JUST GET TO THE SIMPLE POINT. IF INFORMATION ISN'T PROVIDED TIMELY, THERE'S A GRAY AREA IN HERE ABOUT WHEN IT'S REQUESTED, WHEN IT SHOULD BE PROVIDED TIMELY, WHAT IT'S ACTUAL TIMELY, ALL OF THERE'S NOTHING IN THERE. AND SO IN THE EVENT, GOD FORBID, SOMETHING HAPPENS WHERE THAT BECOMES AN ISSUE, RIGHT. AND AS LAWYERS, WE KNOW THE TECHNICALITIES OF THAT. THERE'S NOTHING IN HERE THAT ACTUALLY COVERS THAT SITUATION. AND IT LOOKS LIKE IT COULD PUT US IN A SITUATION WHERE THEY'RE PAYING MORE MONEY BECAUSE THERE'S A GRAY AREA THAT'S NOT COVERED THERE. OKAY. SO JUST TO BE CLEAR, SO SO YOU'RE WANTING LANGUAGE IN THIS CONTRACT THAT FROM ONCE THEY GET ALL THE INFORMATION THEY NEED CORRECT. CORRECT. SO AND THAT I THINK THAT'S WHAT THE 60 DAYS IS. SO WHAT WE'VE ADDED WAS THAT ONCE THEY GET EVERYTHING THEY NEED, THEY HAVE 60 DAYS TO GIVE US AN A REPORT. SO I AND I GUESS LET ME GO BACK TO THIS AND LET ME DIRECT YOU TO PAGE FOUR. 4.1 IS THAT PAGE FOUR. WHAT. PAGE ONE. THE RED LINE. YEAH. RED LINE. SHOULD GO AHEAD. GO AHEAD, GO AHEAD, GO AHEAD MIKE GO AHEAD. I'M WONDERING IF IN THIS CONTRACT THERE SHOULD BE AN EXHIBIT OF SOME SORTS. THAT WOULD BE THE LIST OF REQUIRED ITEMS TO FINALIZE THE AUDITS. I THINK SOME OF THAT DEPENDS ON IT DEPENDS ON THE COMPANY. I UNDERSTAND, BUT THERE'S GOING TO BE AN AWFUL LOT. THERE'S GOING TO BE PAYROLL. THERE'S GOING TO BE THERE'S GOING TO BE STANDARD CAPEX, PAYROLL, THINGS LIKE THAT. PAYROLL IF, IF UNDER THAT CONTRACT. SO MAYBE THAT'S SOMETHING THAT WHITNEY PEN WOULD NEED TO SUPPLY US AT THAT POINT IN TIME. THEN WE HAVE 30 DAYS FROM THAT TIME TO COMPLY, THAT THEY PROVIDE US WHAT THE ITEMS THEY'RE GOING TO NEED FOR THIS SPECIFIC THIS COMPANY TO DO THE AUDIT. AND I THINK THAT'S TO MIKE'S POINT. I THINK HE MAY HAVE SAID IT ARTICULATED THAT BETTER. THERE'S NOTHING IN HERE THAT SAYS WHEN THE CONSULTANT SAYS WE NEED THIS INFORMATION AND THEN WHEN IT NEEDS TO BE PROVIDED AS WHAT IS CONSIDERED TIMELY FOR THAT. I UNDERSTAND THE BACK END OF ONCE THEY PROVIDE, ONCE WE PROVIDE THE INFORMATION WITH THEIR OBLIGATION IS BUT NOTHING ON THAT FRONT END WHICH SAYS, HEY, WE NEED THIS INFORMATION FROM YOU, WHEN DOES THAT NEED TO BE PROVIDED? BECAUSE THAT I THINK THAT ALSO GOES INTO 4.1 OF THEM COMING, SOMEBODY COMING AND SAYING, HEY, WE DIDN'T GET ALL THE INFORMATION. NOW WE CAN COME AND ASK YOU FOR MORE MONEY BECAUSE YOU DIDN'T GIVE US ALL THE INFORMATION. BUT I THINK IT NEEDS TO BE A SPECIAL LIST THAT SAYS FOR THIS PROJECT WE NEED THIS, THIS AND THIS TO COMPLETE OUR. I THINK THAT WOULD HELP. YEAH. WELL, I THINK IT'S A GREAT IDEA. AND ONE WHOEVER MENTIONED ONBOARDING THAT YOU CAN GO OVER THAT WITH THEM AT THE VERY BEGINNING. EXACTLY. YOU KNOW, MAYBE EVEN SIGN THE EXHIBIT. AND I THINK OUR, YOU KNOW, THAT IT'S BEEN GONE ON THIS DATE. IT WAS DISCUSSED. AND YOU'RE AWARE OF THE REQUIREMENTS IN ALL OUR UPFRONT AUDITS WOULD I MEAN, THE CONTRACTS WOULD NEED TO BE SPECIFIC TO THOSE THINGS ALSO. SO I CAN ADD THAT THE CHECKLIST, LIKE IF WITLI PEN PRESENTS THE CHECKLIST, I CAN ADD THAT TO THE PERFORMANCE AGREEMENT THAT THE CONTRACTOR SIGNS. AND I CAN ADD LANGUAGE, YOU KNOW, A SPECIFIC LIKE THEY SIGN SAYING THEY UNDERSTAND. AND I CAN ADD THAT THEY UNDERSTAND THAT THEY HAVE TO TO GET THEIR PAYMENT. YEAH I CAN BE AFFECTED. PERFORMANCE AGREEMENT I LIKE THAT I THINK I THINK YOU SHOULD ADD ON THE BOTTOM KNOW THAT THIS MAY NOT BE AN INCLUSIVE. THERE COULD BE OTHER DOCUMENTS TO BE ADDED JUST I MEAN, BECAUSE THERE SHOULD BE A STANDARD AMOUNT OF THINGS, BUT DEPENDING ON WHAT IT IS. OKAY. AND SO WITH THE WHITLEY PENCIL. SO YOU WANT ME TO ADD LIKE THEY HAVE THE 60 DAY. OKAY. SO IF THEY TELL US IF THEY TELL TOM WE DON'T HAVE EVERYTHING WE NEED, WE WANT TO ADD ANOTHER TIME, LIKE A 30 DAY TIME PERIOD TO WHERE WE HAVE TO GET IT BACK. RIGHT. AND THEN THERE'S 60 DAYS BEGINS AGAIN. AT THAT POINT. ANY ADDITIONAL REQUESTS WOULD BE OKAY. I UNDERSTAND THAT. OKAY. YEAH, OKAY. AND THAT WOULD BE REALLY IMPORTANT. AND TO YOUR POINT, BECAUSE THEY SCHEDULE THEIR WORKOUT ON WHO'S GOING TO DO IT. YOU KNOW, WHEN YOU'RE SELLING TIME, YOU KNOW YOU SCHEDULE WHEN YOU'RE GOING TO DO IT. SO. SO OUR MOTION IS TO TABLE THIS UNTIL WE GET THIS CHANGE MADE I THINK WE NEED TO HAVE TWO MOTIONS OKAY. I THINK WE NEED TO HAVE ONE TO GO AHEAD AND MAKE THESE CHANGES TO THIS EXISTING CONTRACT, SEE IF THERE'S ANY ADDITIONAL RED LINING OR DISCUSSION WITH WITH PEN. AND I THINK WE ALSO NEED TO HAVE A SECOND MOTION THAT WE ARE GOING TO PUT A GOOD FAITH EFFORT INTO SEEING IF THERE'S ANY OTHER RESOURCES OUT THERE THAT WE CAN TAP TO DO THIS AUDIT WORK FOR US OUTSIDE OF WHITLEY PEN THAT WE COULD CONTRACT WITH. LIKE PEGGY SAID. [01:25:05] AND WHO? WELL, I MEAN, YOU GOT ONE YEAR CONTRACT. ARE YOU GOING TO BUILD IN THAT TIME FRAME? PROBABLY FIND SOMEBODY UP AND WE'RE GOING TO HAVE AUDITS THAT ARE GOING TO BE OUTSTANDING. THAT'S A GOOD POINT TOO. YEAH, WE NEED TO KEEP. SO I THINK WHAT WE'RE LIMITING THIS TO A ONE YEAR CONTRACT FROM THE DATE OF SIGNATURE, THAT'S A GOOD POINT. AND THEN AT THE SAME TIME WE'RE IN THE MEANTIME DO OUR DUE DILIGENCE, DUE DILIGENCE TO SEE IF WE CAN FIND SOMEBODY ELSE. BECAUSE OTHERWISE WE'RE GOING TO BE IN A SITUATION. WE DON'T HAVE AN AUDITOR, WE CAN'T GET ANYTHING DONE. THERE WE GO. YEAH. ARE WE GOING TO TRY TO CHANGE THESE DATES FROM I THINK WE GOT TO CHANGE THE DATE ONE YEAR FROM THE DATE OF SIGNATURE. IF THEY HAVEN'T DONE ANYTHING, HOW ABOUT THAT. YEAH ABSOLUTELY. YEAH. YEAH, YEAH. 12 MONTHS FROM EXECUTION OF AGREEMENT. YEAH. OKAY. SO JEFFERSON MOVES ALL THAT. GOOD JOB. JEFFERSON I'LL SECOND IT. THANK YOU. OKAY. GOT ALL THAT NORMAL. ANY IDEA WHAT WE'RE DOING? WHAT OUR MOTION IS I THINK SO, OKAY. TO MAKE CHANGES, WHICH WOULD BE THE ONE YEAR THE THE THE DEADLINE WOULD BE ONE. THE TERM OF THE CONTRACT WOULD BE ONE YEAR FROM THE DATE OF EXECUTION. CORRECT. RIGHT. AND AND AND WE GOT TO ADD LANGUAGE WHICH SAYS THAT IF THE CONSULTANT IS IT'S TERMED IN THE CONTRACT REQUEST. ADDITIONAL INFORMATION. WE HAVE ODC HAS 30 DAYS TO GET THAT INFORMATION AND PROVIDE IT. IT'S IMPORTANT THAT OUR ATTORNEYS. YOU GOT THAT. YEAH. AND AND THEY GOT TO GIVE US THEIR CHECKLIST UP FRONT. THEN WE HAVE THE TIME FRAME. SO IT'S GOING TO BE A BASICALLY TWO WAYS. IF THEY NEED ADDITIONAL INFORMATION AND UPFRONT INFORMATION. AND STRIKE THE SECOND PART OF MY MOTION. YEAH OKAY. BUT I'M GOING TO I'M I'M GOING TO BE ON THAT. GET ON IT. BE ON THE WHAT. FINDING SOMEONE LOOKING FOR ANOTHER RESOURCE. YEAH. BUT OKAY. DO YOU WANT TO READ THE MOTION? HI. THANK YOU MR. EXCUSE ME. SO THERE WAS A MOTION MADE. HANG ON. THERE WAS A MOTION MADE TO HAVE THE TERMINATION. THE. THE TERMINATION, NOT THE TERMINATION. THE TERM, THE TERM OF THE CONTRACT FOR ONE YEAR FROM THE DATE OF EXECUTION HAVE THE LANGUAGE WHICH WOULD INCLUDE THE CONSULTANT'S REQUEST IF THERE WAS ADDITIONAL REQUESTS, THAT ODC HAS 30 DAYS TO PROVIDE THAT INFORMATION AND PROVIDE A CHECKLIST UP FRONT FOR THE INFORMATION THAT IS NEEDED. WHITLEY PEN WOULD PROVIDE THAT. WOULD IT BE WHITLEY PEN? AND IS THERE A TIMELINE FOR US TO GIVE THAT TO WHITLEY PEN? BECAUSE THAT WAS IF THEY ASKED FOR ADDITIONAL INFORMATION. WELL, I THINK WE HAD 30 DAYS. WE WERE WITHIN 30 DAYS. ONCE THEY GAVE US THE INITIAL TIME LIST AND THEN IF THEY CAME BACK WITH ADDITIONAL, WE GOT ANOTHER 30 DAYS. BUT THAT FIRST 30 DAYS WAS IT ADDRESSED? IT WASN'T ADDRESSED. IT NEEDS TO BE, I THINK, IS THAT IN PLACE OF THE 60 THAT WHITLEY PEN PUT IN THE CONTRACT, 60 IS ONCE THEY GET EVERYTHING THEY HAVE, OKAY. SO THEY CAN HAVE 230 DAY EXTENSIONS FOR ADDITIONAL INFORMATION. WE'LL HAVE 30 DAYS. ONCE THEY PROVIDE US WITH OUR LIST. WE HAVE 30 DAYS TO GET IT TO THEM. THEN THEY HAVE 60 DAYS UNLESS THEY COME BACK AND SAY, WE NEED ADDITIONAL THINGS, THEN WE'RE GOING TO HAVE ANOTHER 30 DAYS TO PROVIDE IT. THEN AT THAT POINT IN TIME, WE'RE HOPING TO GET EVERYTHING WITHIN 60 DAYS AFTER THAT. RIGHT? THE WHOLE THING. GOT IT. OKAY. ONE THING THAT YOU MIGHT PUT LATE IN THE DAY, ONE YEAR FROM THE DATE OF THE LAST EXECUTED PARTY WITHIN THAT CONTRACT. OKAY, SOMEONE SIGNS EARLY. ARE YOU OKAY WITH THIS? THAT IS. THAT'S STANDARD LANGUAGE. YEAH. OKAY. ALL RIGHT. I'M GOOD. THANK YOU. SO BY MY COUNTS, WE HAVE A FOUR PART MOTION. YEAH, YEAH. SO MOVED SECOND. GOT A MOTION AND A SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? SAME SIGN. THANK YOU. OKAY. THAT GETS US TO ITEM 13. UPCOMING DATE FOR OUR NEXT [13. Upcoming dates for future ODC Board meetings] MEETING IS MARCH 12TH, 3 P.M. HERE. IS THERE ANYBODY THAT HAS AN ISSUE WITH THAT? I NEED TO FIND A NUMBER I WILL. YEAH, OKAY. WHO? I WILL NOT BE HERE. OKAY, I MAY I MAY NOT BE HERE THAT DAY. SO I HAVE COURT IN BIG SPRING. THAT'S OKAY. I WAS WONDERING IF THAT WAS SPRING BREAK. YEAH. WHAT WE'LL DO IS I'LL GET NORMA TO SEND OUT. PLEASE SAY AVAILABILITY OF WHAT? TO WHAT DATE? COUPLE DATES TO SWITCH IT TO. SOUNDS GOOD. THE NEXT DAY SHOULD BE BETTER, BUT THE NEXT WEEK. YEAH, YEAH. SO THE 19TH. ARE WE ON THIS AREN'T WE. ON THE SECOND THURSDAY. YES. SO THAT WOULD BE THE 12TH. DO WE WANT TO JUST PUSH IT OFF TO THE 19TH? THE 19TH. THAT WORKS [01:30:03] FOR ME. YES. ALL RIGHT LET'S DO THAT. WE'LL GET BACK 19. AND WITH THAT WE NEED A MOTION TO ADJOURN. SO MOVED. I'LL MAKE A MOTION. SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. ANY OP * This transcript was compiled from uncorrected Closed Captioning.