Pen SAFE-D. happy holidays from SAFE-D. March Madness. SAFE-D offers annual reporting through website 4Q 2016

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1 happy holidays from SAFE-D SAFE-D Official Newsletter of the State Association of Fire and Emergency Districts 4Q 2016 Pen John Carlton (The Carlton Law Firm, PLLC ) discusses basic ESD operations with participants at SAFE-D s ESD101 course in Jasper Nov. 12. More than 40 registrants from as far away as Parker County near Fort Worth, made the trek to East Texas for the course. Association preparing for legislative session SAFE-D is preparing for the 85 th Legislative Session, which begins in January. The SAFE-D Board and Legislative Counsel John Carlton are monitoring several issues that could arise at the Capitol and affect ESDs and how they operate. ANNEXATION: SAFE-D is interested in providing more clarity and certainty for Emergency Services District residents facing municipal annexation, and the Association has concern for both the residents of the area being annexed by the municipality and the effects on the residents in the remaining portion of the ESD post-annexation. A look at some annexation issues appears on Pages 4 and 5 of this newsletter. CONTINUED PAGE 14 LEGISLATURE SAFE-D offers annual reporting through website Texas law requires all ESDs to report basic information about their operations to the Texas Department of Agriculture by Jan. 1 each year. Under an agreement between TDA and SAFE-D, ESDs can use a handy online reporting system available through the SAFE-D website, SAFE-D will collect the reports and deliver them to the Agriculture Department, satisfying the reporting requirement. March Madness Registration open for SAFE-D Conference If you get swept up in March Madness, Sweet 16 is a term you ll hear a lot. So it is with SAFE-D s Annual Conference March 9-11 at the Embassy Suites Convention Center in San Marcos. It s the 16 th Annual Conference. Sweet! SAFE-D is putting together a great program for all levels of ESD commissioner education. With approval from Texas A&M s V.G. Young Institute of County Government, an ESD commissioner can earn up to 14 hours of certified training credit at the SAFE-D Annual Conference. As always, there ll be a basic track for new commissioners, including the opportunity to take state-required Open Meetings CONTINUED PAGE 10 MARCH

2 Letter from the Executive Director The ESD bargain By Cliff Avery Executive Director If you re involved in Texas emergency services districts, you ve had this feeling: ESDs are a bargain. Part of that comes from the tax cap that emergency services districts have to labor under. You know this as well as I do: The constitutional maximum tax rate for ESDs is ten cents per $100 of property value. If you read the notices that municipalities have to put in the paper when they re going through their truth-in-taxation drill, you see that they routinely set a rate in the 30- or 40- or 50-cent range (or more). Municipalities tax caps are higher, so they have a lot of flexibility. They can ask their voters for bonded indebtedness, ABOUT SAFE-D SAFE-D, the Texas State Association of Fire and Emergency Districts, is the only association dedicated to meeting the needs of Texas emergency services districts. Through SAFE-D, member districts work smarter and work better to provide fire protection and emergency medical services to the people they serve. PO Box 676 Pflugerville, TX Fax: safed@texas.net President: Scott Morgan, Harris County ESD No. 29 Vice President: James Kelly, Montgomery County ESD No. 8 Secretary: Liz Cargile, Medina County ESD No. 5 Treasurer: Paula Barr, Travis County ESD No. 6 Board of Directors: Jim Carter, Denton County ESD No. 1 Bob Janusaitis, Harris County ESD No. 9 Mark Jack, Parker County ESD No. 1 Thomas Nanninga, Williamson County ESD No. 2 Billy Ted Smith, Jasper County ESD No. 1 Don Wagner, Comal County ESD No. 3 Executive Director: Cliff Avery, GCP Association Services Asst. Executive Director: Clay Avery, GCP Association Services To advertise: Contact SAFE-D safed@texas.net and use their debt service rate to pay off the debt. ESDs have to include any debt service for bonds under that ten-cent cap, which is why you don t read about a lot of ESD bond debt. If you ever want to compare apples to apples, it s actually pretty easy (if you have a calculator or a spreadsheet). For example, let s see how much a fairly typical midsize city spends on its fire department. Let s take San Marcos, for two reasons. The first is that we want you to come to San Marcos March 9-11 for the SAFE-D Annual Conference, and this is a shameless way to plug that. The second is that its budget is online and fairly easy to read. To calculate the property tax effort that it would take to fund the San Marcos Fire Department, you begin by finding out what the property tax base is for the city. Fortunately, the San Marcos budget online gives you this information. Its total assessed value is $4,107,442,275. To figure out how much a penny per $100 tax rate would raise, divide by 100 and CONTINUED PAGE 10 AVERY The Leader in ESD Sales Tax Services Sales Tax Administration Sales Tax Recovery & Enhancement Sales Tax Compliance Reviews Sales Tax Trends Analysis Sales Tax Source Analysis Economic Trends Information New Sales Tax Potential Analysis Sales Tax Forecasts Sales Tax Sharing Accounting Austin: Houston:

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4 A tale of two counties In Bexar County, San Antonio puts two ESDs in its sights SAN ANTONIO An aggressive City of San Antonio annexation campaign will gut two northwest Bexar County emergency services districts once it takes effect in Bexar County ESD No. 8 will lose about 56 percent of its ad valorem revenue when the City of San Antonio takes the most populated portion of its district. Bexar County ESD No. 4 will lose about 60 percent of its revenue and will force its service provider, Leon Springs Volunteer Fire Department, to adjust to providing fire protection to a more rural area, said Joe Constantino, vice president and administrative officer of the department. Constantino told SAFE-D that the ESD, through the fire department, has 25 paid staffers and can count on 25 to 30 volunteers. It puts two firefighters per shift around-the-clock at its four stations. With the reduction in tax revenues after annexations, we may have to go back to one [firefighter] per shift. We still have to pay for fuel and supplies, he said. ESD 4 Commissioner Steve Surratt said the district will CONTINUED PAGE 12 SAN ANTONIO Your Budget Your Vision Our Expertise Architecture & Construction Services Your one stop for Design and Build Solutions. We have been in business since, and serve all parts of Texas. Check out our website at For Design or Construction Consultations Call info@grossmandesignbuild.com Above: Liberty County ESD## 4

5 ...In Travis County, Austin s innocuous annexation threatens an ESD By Jerry Staton Travis County ESD No. 11 AUSTIN The recent proposal by the City of Austin to annex property owned by Holt Industries has focused attention on the plight of all ESDs in Travis County. The following is intended to be an overview of a crisis that has been delayed, but not resolved, and options to address the problem. On Sept. 8, 2016, Travis County Emergency Services District No. 11 received notice that the City of Austin intended to annex a 27-acre commercial tract of land owned by Holt Industries. The annexation was scheduled to take place in December Unlike the process for annexing residential properties, commercial annexation can occur alarmingly fast. From the City of Austin s perspective this annexation was going to be an unwelcome, but otherwise innocuous, removal of territory from Travis County ESD 11. There are currently no safeguards in place to protect the residents of an ESD who are not included in an annexation from the effects of the annexation. There is no requirement to do an impact study to analyze who or to what degree the annexation would affect the ESD and the residents of the District. Without input from the District, the City of Austin was unaware of the impact to ESD 11 and the residents serviced by the District. While this tract of land provided roughly.0003 percent of the District s property tax revenue, the sales tax contribution was 32 percent of the District s total revenue. The loss of revenue would amount to a reduction of approximately $1 million from a $3 million dollar annual budget. Without another source of income, the District would be unable to support the three fire stations it currently operates and would require a significant reduction of personnel. This would drastically reduce the District s ability to provide service to all ESD 11 residents, and to a lesser degree to the citizens of Austin in southeast Travis County outside the District because of the automatic aid agreement with the City of Austin. ESD 11 responds to calls in the city almost as often as the city responds to calls in the District. The District staff has been aware of the value of the Holt property for many years. The ESD commissioners and the fire chief have discussed the possible impact this annexation would have on the District and its residents. As everyone involved with annexation knows, the ESDs Holt s facility on 27 acres along South I-35 provides a third of the revenues for Travis County ESD No. 11. A compromise postponed Austin s annexation of the tract to allow the ESD a chance to identify alternatives. Annexation could force layoffs, close stations have little direct influence in the annexation process. The cities hold all the cards. That does not suggest there was nothing the ESD could do, and after the Sept. 8 notification, a plan to resist the annexation began the following day. The bottom line is the revenue reduction would set the District s service levels back by almost 14 years. Moreover, the demographics of southeast Travis County are such that the reduction in services would impact some of the poorest and most vulnerable residents in Travis County. Thus the overall effort was centered on conveying a moral argument to the final decision-makers, the Austin City Council. Immediate efforts included: 1. The firefighters association worked to bring awareness to the impacted residents and business owners by going door to-door asking people to express their concerns with the Austin City Council Members. 2. District staff engaged state, county and local (small city and school district) elected officials, including the Austin City Council. This was done with the goal of informing the various stakeholders on the impact this annexation would have on the residents/tax payers. 3. Within four days, just shy of 1,000 phone calls were received by City Hall, thus creating a burning issue which highlighted the potential impact of the annexation, bringing it to the top of the pile for the busy City Council members, even during the final weeks of budget preparation. The City Council members attention to this important issue was greatly appreciated and respected because their efforts to understand the issue eventually permeated down to the city staff level. City staff were then questioned on CONTINUED PAGE 14 AUSTIN SAFE-D Pen 4Q

6 SLATTERY TACKETT A R C H I T E C T S, L L P Delivering design solutions that reflect our clients vision, objectives and aesthetic preferences. (713) studio@slatterytackett.com Voters consider creation, sales tax, annexations in November elections Some Texas emergency services districts managed to navigate the choppy waters some would say tsunami of Election 2016 to win approval from voters. Three new ESDs were created. Of those three, two were overlay districts were created for emergency medical services: Travis County ESD No. 7, which will be contiguous with Travis County ESD No. 1, and Hays County ESD No. 9, which overlays parts of another ESD and extends into unincorporated Hays County. Another ESD was created for fire protection in Henderson County. Also in Hays County, a successful annexation election expanded the territory of Hays County ESD No. 7. In Williamson County, Williamson County ESD No. 5, which serves Jerrell and its surrounding area, won voter approval for a 1 percent sales tax. Voters in Travis County ESD No. 14 removed themselves from Capital Metro transportation authority, giving the ESD enough headroom to ask for an additional sales tax next spring. In Hidalgo County, ESD No. 3 lost its bid to raise its tax rate maximum from three cents per $100 to six cents per $100. Meet Your Regional Coordinator See scheduled Classes and Area Schools or view the Course Request System at teex.org/extension Program Overview Receive professional training delivered to your location Courses meet or exceed El Paso the requirements of the Hudspeth NFPA, SFFMA, and/or TCFP NFA field, direct delivery, and fee-based courses are also offered Many courses are delivered at no cost to personnel within Texas Culberson Jeff Davis Presidio Dallam Sherman Hansford Ochiltree Lipscomb Hartley Oldham Deaf Smith Moore Potter Hutchinson Roberts Carson Gray Randal Armstrong Donley Hemphill Wheeler Parmer Castro Swisher Briscoe Hall Childress Hardeman Bailey Lamb Hale Floyd Motley Cottle Wilbarger Foard Wichita Clay Lamar Red River Montague Cochran Hockley Lubbock Cooke Grayson Fannin Crosby Dickens King Knox Baylor Archer Bowie Delta Throckmorton Young Jack Titus Haskell Wise Denton Collin Hopkins Yoakum Terry Lynn Garza Cass Kent Stonewall Hunt Camp Rockwall Rains Marion Wood Dallas Upshur Gaines Dawson Borden Parker Scurry Palo Pinto Tarrant Fisher Jones Shackelford Stephens Kaufman Harrison Van Zandt Gregg Smith Hood Johnson Ellis Rusk Andrews Martin Howard Mitchell Nolan Taylor Callahan Eastland Henderson Panola Erath Somervell Hill Navarro Anderson Shelby Loving Winkler Ector Cherokee Midland Glasscock Sterling Coke Comanche Runnels Coleman Brown Bosque Freestone Hamilton Nacogdoches San McLennan Limestone Augustine Ward Mills Sabine Crane Coryell Houston Upton Reagan Tom Green Angelina Reeves Irion Concho Leon Falls Newton McCulloch Lampasas Trinity San Saba Bell Robertson Madison Jasper Polk Tyler Schleicher Menard Milam Walker Pecos Burnet Llano Brazos San Crockett Mason Williamson Grimes Jacinto Burleson Sutton Kimble Hardin Montgomery Terrell Gillespie Travis Lee Blanco Washington Liberty Orange Bastrop Jefferson Kerr Hays Austin Edwards Kendall Waller Harris Brewster Val Verde Chambers Comal Caldwell Fayette Real Bandera Colorado Guadalupe Fort Bend Bexar Galveston Gonzales Lavaca Kinney Uvalde Medina Wharton Brazoria Wilson DeWitt Jackson Matagorda Maverick Zavala Frio Atascosa Karnes Victoria Goliad Calhoun Dimmit Bee LaSalle McMullen Live Oak Refugio Collingsworth Webb Zapata Jim Hogg Starr Duval Brooks San Patricio Aransas Jim Wells Nueces Klegerg Hidalgo Kenedy Willacy Cameron Harvie Cheshire, Training Director harvie.cheshire@teex.tamu.edu Franklin Morris Gulf of Mexico REGION 1 Mike Terry mike.terry@teex.tamu.edu REGION 2 David Rosier david.rosier@teex.tamu.edu REGION 3 Dallas Renfrew dallas.renfrew@teex.tamu.edu REGION 4 Darren Smith darren.smith@teex.tamu.edu REGION 5 Ben Kennedy ben.kennedy@teex.tamu.edu REGION 6 Michael Cole michael.cole@teex.tamu.edu REGION 7 Jeff Rhoads jeff.rhoads@teex.tamu.edu REGION 8 Ken King ken.king@teex.tamu.edu HB2604 & TIFMAS Grant Approved Training EMERGENCY SERVICES TRAINING INSTITUTE Toll Free esti@teex.tamu.edu

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8 Former ESD commissioner wins national service honor NASHVILLE A former Hays County ESD commissioner and current assistant fire chief is the first winner of an award recognizing community service. Kidde announced the winner of the Step Up and Stand Out contest in October at the Firehouse Expo in Nashville, recognizing Bob Love, assistant chief of North Hays County Fire Rescue in Dripping Springs. Love recently stepped down as commissioner of Hays County ESD No. 6. The contest is part of a national campaign developed by Kidde and national fire service organizations to raise awareness of the need for fire department volunteers and recognize those who have already stepped up to support their communities. Kidde, a leading manufacturer of residential fire safety products, is a part of UTC Climate, Controls & Security, a unit of United Technologies Corp. (NYSE: UTX). Kidde worked with Firehouse, the Volunteer and Combination Officers Section of the International Association of Fire Chiefs (IAFC), the National Fire Protection Association (NFPA) and National Fallen Firefighters Foundation (NFFF) to create the program. Launched nationwide in February, Step Up and Stand Out asked fire departments and the public to submit videos nominating a current volunteer firefighter or support volunteer for recognition of their community service. Once submissions were accepted, the public had the opportunity to vote online to determine the winner with the highest score. We appreciate everyone who took the time to vote and show support for Bob Love and volunteer firefighters across the nation. These men and women play a critical role in keeping our communities safe, and it s important to us that we do our part in recognizing their efforts and service, said Chris Rovenstine, vice president of sales and marketing, Kidde. The winner of Step Up and Stand Out received a $1,000 training grant for his fire department and additional prizes including a free trip for two to Nashville. All of the top finalists of the contest received a prize pack consisting of 200 Kidde smoke alarms for their local fire department, a NFPA Fire Prevention Week Kit and more. WHEN IT S TIME TO RENEW... Choose America s Leader in Emergency Services Insurance 25 YEARS OF LEADERSHIP IN SPECIALIZED INSURANCE We are who we insure ESIP.com 8

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10 Avery continued from Page 2 multiply by.01 (which is the same as dividing by 10,000, but that loses the rhythm of penny per 100 ). So in the City of San Marcos, a penny of the tax rate raises $410,744. San Marcos, like a lot of cities, breaks out a detailed budget for its fire department, in this case $8,804,539. That includes 76 FTEs with salaries and benefits of more than $8.1 million. By the way, the Fire Department is projected to respond to 4,601 incidents in the budget year. So how many pennies of tax rate ($410,744) does it take to fund the San Marcos Fire Department? Do the math (divide the budget by the penny proceeds) and that comes out to a tax rate of cents per $100 of San Marcos assessed value, more than twice what an ESD can levy for its services. I hear what you re saying. This isn t apples to apples; it s more apples to apple peel. And you re right. We re just hitting the surface. For one thing, the San Marcos fire budget doesn t include debt service for fire stations or big-ticket fire apparatuses. That s in another part of the budget. It also doesn t include some of the government overhead that ESDs have to pay with their ten-cents-per-$100, such as legal and H-R. So it would not be unreasonable to argue that, once those costs are figured, in, the ad valorem tax effort to fund San Marcos Fire Department would be somewhere in the 25-cent to 30-cent per $100 range, as much three times what an ESD can do. And, yes, I know several ESDs that are running 4,600 calls a year. And that s why ESDs are a bargain. SAFE-D CONFERENCE March 9-11 San Marcos March from Page 1 Act and Public Information Act training and receive ESD commissioner training credit at the same time. Veteran commissioners can delve into a host of topics to improve their ESDs operations ranging from strategic planning to relations with service providers. Look for a detailed schedule of training sessions in the next SAFE-D newsletter or on-line at Cost for the conference is $255 for attendees from SAFE-D member organizations and their service providers; $424 for nonmembers and $795 for representatives of commercial organizations. Registration is open for the conference. Click to the SAFE-D website, today. 10

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12 San Antonio from Page 4 likely turn one station in the proposed annexation area into a maintenance facility. Surratt said the ESD has been preparing for the annexation juggernaut since the City announced its plans in Luckily we ve seen this coming so we ve been able to bank money so we ll be okay. It s still going to hurt the rest of the district. Surratt said that, with the City s announcement, ESD 4 began tracking the number of calls it responded to in the proposed annexation area. Of the 1,026 calls it responded to in 2015, 664 about 65 percent were in the area slated to be annexed. Constantino said that ESD 4 had met with San Antonio city officials to explain the impact on the ESD and fire protection in the area. His takeaway: They don t care. Under current annexation law, the City of San Antonio is required to provide the same level of service in the annexed areas as is being provided before annexation. Constantino said that will mean an average response time of 7 minutes, 15 seconds with firefighters certified in Advanced Life Support. But the City has at least another year to develop its service plan. We haven t even got them to commit to [locating] an ambulance in the annexation area, Constantino said. Surratt said the district has begun an educational campaign to share information with the residents of ESD 4. They need to know what to expect, he said. The San Antonio City Council approved going forward with the plan in September, against impassioned opposition from homeowners. A similar annexation plan along U.S. 281 was scaled back last summer when homeowners, armed with lawyers and lobbyists, convinced the City to take only commercial properties and leave the residential properties ineligible for annexation until Part of that plan called for the City to contract with Bexar County ESD No. 3 to provide fire protection in the commercial annexation area. The San Antonio city manager, in discussing the plan at the September meeting, said that the San Antonio Professional Firefighters Association was planning to seek an injunction to stop the plan. Calls to SAPFFA First Vice President Mark Black for comment were unreturned at SAFE-D Pen presstime. ALWAYS THE LEADER IN FIRE & EMS REPORTING AND ANALYSIS Used by more departments - of all sizes - than any other for intelligent, innovative solutions Cloud Services John J. Carlton Kelli A. N. Carlton Rely on FIREHOUSE Software for the technologically advanced data management you need to make your department streamlined, integrated, efficient, and productive. Better information means better decision making, satisfied governing officials, and a secure future for you and your department Bee Cave Road, Suite 200 Austin, Texas (512) Contact us today toll free at x1 or visit Contact us at x1 or to set a time to see how Firehouse s most advanced products can provide greater efficiency than any other records management system. Let s have a short conversation and determine the best way for your organization to proceed with achieving greater integration and productivity, and exactly what steps to take. john@carltonlawaustin.com kelli@carltonlawaustin.com 12

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14 Austin from Page 5 the need and timing of this annexation and to consider the impact to the residents in southeast Travis County. On Sept. 19, the director of the Austin Planning and Zoning Department submitted a memorandum to the mayor and city council requesting the annexation be postponed a year. It is unclear how the final decision was made to postpone the annexation and/or who played the pivotal role. In the end, hundreds of people came together (including the City of Austin leadership) and centered on maintaining the services to the residents of southeast Travis County. Possible solutions to provide long-term stability for the District and other ESDs: 1. One answer was to create an overlay district, which ESD 11 is currently attempting to implement. Educating/ informing the citizens in ESD 11 is a major part of that process. It is not an easy task to ask the residents and taxpayers of the District to pay more property taxes, but the alternative is far worse. 2. Another possible solution would be to charge for certain services, again requiring the residents to pay for what they currently receive by way of existing taxes. Charging for selective services would not make up for the lost revenue from Holt but could help offset the effects of the loss. 3. Still being discussed by numerous ESDs is the potential for getting support from Travis County by moving to a unified fire service. This discussion has been ongoing for years and appears to be nowhere near ready for implementation. 4. Another partial solution is for the annexing city to forgo removing the territory from the ESD. This was made possible by recent legislative action introduced by ESD 11 and supported by a number of interested parties. 5. A new committee within the Travis County Emergency District Commissioner Council was formed to consider other long-term solutions to annexation by offering legislation to give the ESDs some leverage in the annexation process. What is clear from the first meeting is that all ESDs are subject to the potential for reduced incomes from annexation, and if we do not find a way to work together to address the problem, sustainability for the ESDs will remain a critical issue for the foreseeable future. Legislature from Page 1 SAFE-D will seek a constructive dialog with municipal interests toward solutions. SALES TAX: SAFE-D will defend ESDs sales tax authority as more ESDs are turning to sales tax to augment revenue. FUNDING: Although there s little hope in the climate at the Capitol for raising the constitutional ad valorem tax cap, SAFE-D will keep an eye on opportunities to enhance revenues for ESDs. Carlton was scheduled to preview the Legislative session at a Dec. 12 webcast. A recording of the webcast will be available under the Video Library tab on the SAFE-D website, Watch the website and newsletters, both printed and electronic, for information as the session goes along. One helpful website to watch during the session is www. capitol.state.tx.us (notice the spelling of capitol, as in the building, not the capital city). Using the Word/Phrase search, you can search for the phrase emergency services districts or annexation. Once you identify the bills you want to watch, you can create a list on the website that will report on actions taken about the bills. Another great tool allows you to identify who represents you in Washington and Austin. On the right side of the homepage, you can enter your address, and the website will show the state senator and state representative serving that address, as well as the U.S. senators (John Cornyn and Ted Cruz) and congressional representative. Feb. 17 deadline to call May vote Providing Innovative Solutions Since 1976 Operational/Organizational Efficiency Analysis Shared Services/Mergers Standards of Coverage Executive Recruitment & Professional Development Master/Strategic Planning Administrative Support info@esci.us Honesty Integrity Service Feb. 17 is the deadline for ESDs to call elections on the May 6 Uniform Election Date. Many ESDs with issues to take before the voters such as ad valorem tax cap or sales tax authorization opted out of the Nov. 8 election. For other key dates in the May 6 election, consult the Texas Secretary of State s website at gov/elections/voter/2017-important-electiondates.shtml. 14

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16 4Q Newsletter 2016 State Association of Fire and Emergency Districts PO Box 676 Pflugerville, TX PRESORTED FIRST CLASS MAIL U.S. POSTAGE PAID AUSTIN, TEXAS PERMIT NO. 1 Texas Most Experienced Fire Finance Specialist FINANCING SOLUTIONS 20 Year Fixed Rates No Down Payment Required Re nancing Analysis Flexible Op ons Government Capital is a leading provider of nancing for Volunteer Fire Departments and Emergency Services Districts. We serve as the administrator of the Texas Fire Facili es Program info@govcap.com Government Capital Corporation ( GCC ) is providing the information contained herein for informational purposes only. In providing this information, GCC: (i) is acting for its own financial and other interests that may differ from yours; (ii) is not acting as your municipal advisor or financial advisor and has no fiduciary duty to you in connection with these materials; and (iii) is not recommending any action with respect to the information contained in this document.