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2018-11-07Calhoun County Commissioners' Court -- November 07, 2018 CA]I NOUN COUNTY COMMISSIONERS'COURT REGULAR 2018 TERM § NOVEMBER 07, 2018 BE IT REMEMBERED THAT ON NOVEMBRE 07, 2018, THERE WAS BEGUN AND HOLDEN A REGULAR TERM OF COMMISSIONERS` COURT. 1. CALL TO ORDER Ti its meeting .was callelfo. order, at 10.4Q�1M } 2. ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT: Michael J. Pfeifer David Hall Vern Lyssy Clyde Syma Kenneth Finster Anna Goodman Catherine Sullivan County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 County Clerk Deputy County Clerk 3. INVOCATION & PLEDGE OF ALLEGIANCE (AGENDA ITEM NO. 2 & 3) Invocation — Commissioner David Hall Pledge to US Flag & Texas Flag -- Commissioner Vern Lyssy/Kenneth Finster Page 1 of 21 Calhoun County Commissioners' Court — November 07, 2018 4. APPROVE MINUTES OF SEPTEMBER 19, 2018 AND SEPTEMBER 26, 2019 MEETING. (AGENDA ITEM NO. 4) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 2 of 21 Calhoun County Commissioners' Court —September 19, 2018 REGULAR 2018 TERM E SEPTEMBER 191 2018 BE IT REMEMBERED THAT ON SEPTEMBER 19, 2018, THERE WAS BEGUN AND HOLDEN A REGULAR TERM OF COMMISSIONERS' COURT. 1. CALL TO ORDER This>;6e.�tlt3y�s 2. ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT: Michael J. Pfeifer David Hall Vern Lyssy Clyde Syma Kenneth Finster Anna Goodman Catherine Blevins County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 County Clerk - ABSENT Deputy County Clerk 3. INVOCATION & PLEDGE OF ALLEGIANCE (AGENDA ITEM NO. 2 & 3) Invocation — Commissioner David Hail Pledge to US Flag & Texas Flag — Commissioner Vern Lyssy/Kenneth Finster Page i of 16 Cal hcun County Cornmissioners' Court —September 26, 2018 REGULAR 2018 TERM SEPTEMBER 26, 2018 BE IT REMEMBERED THAT ON SEPTEMBER 26, 2018, THERE WAS BEGUN AND HOLDEN A REGULAR TERM OF COMMISSIONERS' COURT. 1. CALL TO ORDER ins;t7reeting was caltet]ooice�waQ �04AN 2. ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT; Michael J. Pfeifer County Judge David Hall Commissioner, Precinct #1 Vem Lyssy Commissioner, Precinct #2 Clyde Syma Commissioner, Precinct #3 - ABSENT Kenneth Finster Commissioner, Precinct #4 Anna Goodman County Clerk Catherine Blevins Deputy County Clerk 3. INVOCATION & PLEDGE OF ALLEGIANCE (AGENDA ITEM NO. 2 & 3) Invocation — Commissioner David Hall Pledge to US Flag & Texas Flag — Commissioner Kenneth Finster/Vern Lyssy Page 1 of 14 GAIOUn County Commissioners' Court— November 07, 2018 S. HEAR REPORT FROM MEMORIAL MEDICAL CENTER. (AGENDA ITEM NO.5) Jason Anglin spoke on this matter. Page 3 of 21 Memorial Medical Center - Port Lavaca, Texas a CEO Report October 18, 2018 Financial l Results. In September we had a Net Income of $87,643 decreasing the loss for the year to $769,742. Consultant Reviews Eide Bailly was on site October 2nd and 3rd. We are anticipating them to come to our November Board meeting to give their report. Memorial Medical Clinic Dr. Cook's first day will be Monday, October 22nd Community Meet and Greet We have scheduled a community meet and greet for our new providers at Memorial Medical Clinic on Thursday, November 1st from S PM to 7 PM, Hurricane Harvey Recovery Updates Elevator 1— Back in Service Modernization has been complete. Elevator has been inspected and is back in service. Pilot House Project Disposal of Records: We are nearing completion on disposal of records and of other items stored. We are targeting now to be out of the building by the end of the month. We would like to thank the Commissioners for their additional assistance in helping us dispose of a lot of the old damage records by burning the records. FEMA We continue to meet with FEMA on recovering funds from FEMA. We have received some monies and are hopeful to recover more. Geriatric Psych IP Pro ram Development updates: Development of Plans for Space We have a new space plan concept for the proposed department which now encompasses a little more space to meet requirements. In our initial plan we submitted to the State to review some waiver request regarding space. Ultimately, the State approved one request, but not a second one, thus we developed a new plan meeting those requirements by adding more space to the unit. Texas Community Development Block Grant Continue to work on Grant. At this point things look very promising for MMC to receive. Program Proforma We have sent Diamond Healthcare our latest cost report and have asked them to update the financial proforma to include any cost report effects with the latest data. We are also talking with another company about the proposed inpatient program. As development of this program is a major undertaking we are approaching this program in multiple ways for due diligence and success. Other New Revenue Items We continue to work with a couple companies on looking at new services. We continue to work on outreach and establishing new service relationships with employers in the area. For the 340B program we are close in being able to provide data to Walgreens to add them to our program. Education - Articles I Presentations in Healthcare THA—Texas Hospitals' 2018 Federal Policy Priorities THA—Texas Hospital's Public Policy Priorities to Support Healthy Hospitals, Patients and Communities for2019-2020 THA Texas Hospital Financing Medicaid Role in Hospital Financing. Rural Health Policy Project - Health Insurance Coverage in Small Towns and Rural America: The Role of Medicaid Expansion Information on Board items: Financial Items: 1. Lease J Purchase of two Ultrasounds. - We need to replace our ultrasound equipment at our hospital and clinic imaging departments. 2. Ultrasound equipment Service Agreement— We need to approve service contract on new ultrasound equipment. 3. Physician Recruitment Agreernent—At this point we would like to discuss engaging a recruiter to search for a Pain Management Physician to be Full Time at MMC. We have two proposals for physician recruitment firms to consider. Non -Financial Items: I. Presentation of RHC Annual Evaluation report— Danette will present our annual RHC Evaluation Report. 2. DNAR Orders Policy and Procedure — Erin will present the new State Mandated DNAR Orders Policy and Procedure. 3. Presentation of Nurse Staffing report— Erin will present the Nursing Staffing plan. 4. Policy and Procedure Manual Approvals — We have multiple Manuals ready for annual review and approval at this time. Closed Session: We have closed sessions posted for (1) Legal if needed. Respectfully, )"4_ Jason Anglin, CEO Memorial Medical Center Memorial Medical Center Financial Report For the Month of: September 2018 Overview: In September, we had a Net Profit of $87,643 decreasing the YTD (year to date) 2018 loss to $769,742 The Memorial Medical Clinic had a EBITDA in September a loss of $52,501 and a total EBITDA loss YTD of $137,289. Inpatient volume increased in September to an average daily census of 10.53. While private pay utilization did decrease to 17.9%, the overall revenue deductions decreased from the previous month. Statistics: September Highlights on Volumes: Key volumes in September as compared to August include: Average daily census 10.53 an increase from August's 8.50 ER Visits up 2%from 706 to 717 visits. Clinic Visits down 11% from 2,502 to 2,211 visits. Surgery down 32% from 102 to 69 cases. Imaging down 12%. Lab down 1%. Rehab down 7%. Program Hope down 14%. Private Pay utilization decreased from 21.0%to 17.9% of Revenue. Hospital — August's Self Pay was $1,140,279 compared to September's $911,153 a decrease of $229,126 Balance Sheet Highlights: ASSETS Bank Accounts Cash and Investment balances ended the month at $4,337,540, of which $1,476,297, is Nursing Home monies. This leaves the hospital with $2,861,242 which is an increase of $663,370 from August. However, we increased our Private Waiver account by $160,127. At the end of September, we had 32.55 days of cash expenses on hand in hospital funds, which is an increase of 6.09 days from August. Accounts Receivable Patient Accounts Receivable balances were $11,469,184 for the hospital and $569,481 for the clinic. Net AR combined is $1,913,248, The AR increased $215,184 in September. Accounts Receivable — Other The balance in Other A/R decreased by $302,151. The balance at the end of September is $2,326,795. Accounts Receivable Nursing Home The nursing homes ended September with $7,331,419 in receivables. Accounts Receivable Est. 3rd PartV Payer Settlements Our books reflect a net due from third party payers of $958,143. This consist of $599,104 which is an estimated amount due from Medicare for 2017, estimated due from Medicare $359,039 for 2018. LIABILITIES Accounts Payable The balance in payments due to vendors and accruals at the end of the month was $1,402,059 up by $373,535 from $1,028,525 in August. Accounts payable invoices received are at $1,189,074 vs $902,085 at the end of August. Due to Nursing Homes The balance due to Nursing Homes increased to $9,393,056. Accrued Expenses We carried accrued payroll and benefits payable to hospital employees totaling $1,240,571 up from $1,132,584 in August. Accrued Intergovernmental Transfers IGT liability is $201,452 at the end of September. Leases Payable The hospital has $1,076,473 in capital leases total both longterm and short term. Long-term portion also included below. Long Term Debt Net of Current: The total is $3,664,998. This consists of $2,730,075 in Pension liability and $934,923 the longterm portion of leases. Current Ratio The ratio between our current assets and current liabilities is 1.45 at the end of June. This is lower than our benchmark of 2.3 Income Statement: Gross patient revenue for hospital and clinic was $5,501,701 which is a decrease of $180,985 from August. Revenue Deductions were at 60.3% compared to 62.1% in August. Total Operating Revenue September 2018 as compared to YTD from September 2017, we are down by $177,097. This is due to the following: • Overall Patient Revenue is up $1,827,641 o Self -pay revenue YTD is up $1,562,084 • Overall Deductions are up $2,221,216 o Contractual expense down $137,023 o Charity is up $5,431,586 o Bad Debt is down $3,528,452 • Net Charity and Bad Debt is up $1,903,134 o Indigent is down $395,718 o DSH/USS DSRIP is down $850,822 • Other Operating Revenue is up $216,478 o Reimbursement for Harvey— Insurance claims $131,870 0 340b is up $89,758 Total September expenses (excluding nursing home) were up from August by $1,033. This was driven by: • Salary expense down $24,730. (One less working day in September) • Benefits and PR Taxes cost down by $26,793 • Professional Fees were up by $25,175 (Addition of new provider) • Purchased Services were up by $25,706 • Supplies were down up $14,742 • Insurance was down $3,147 (timing on Workers Comp) • Utilities were down $2,433 • Other Expenses were down $8,073 • Depreciation was up by $586 Memorial Medical Center Income Statement - Combined For the Month Ended September 30, 2018 Revenue Current Period Year to Date Actual This Budget This Month Month Last Year Actual YTD Budget YTD Last Year YTD 1,054,368 1,323,508 768,726 Inpatient Revenues 9,127,330 11,911,570 9,505,181 2,791,507 3,957,990 3,139,198 Outpatient Revenues 26,274,702 35,621,910 24,937,029 1,655,826 1,835,766 1,737,579 ER Revenues 14,973,707 16,521,898 14,105,888 4,138,618 3,595,089 3,423,563 Resident Revenues 38,346,520 32,355,801 29,465,496 9,640,319 10,712,353 9,069,066 Total Patient Revenue 88,722,259 96,411,179 78,013,594 Revenue Deductions 2,620,286 4,224,624 2,502,817 Contractuals 25,121,993 38,021,614 25,259,016 945,398 131,913 49,968 Charity 6,624,469 1,187,216 1,192,883 18,384 41,217 67,361 Indigent Care 203,455 370,950 599,173 (136,870) (179,067) (286,271) DSH/UCC/DSRIP (1,541,869) (1,611,599) (2,392,691) (130,888) 534,285 1,018,687 Bad Debt 1,920,908 4,808,561 5,449,360 3,316,311 4,752,971 3,352,562 Total Revenue Deductions 32,328,956 42,776,742 30,107,740 6,324,008 5,959,382 5,716,504 Net Patient Revenue 56,393,303 53,634,437 47,905,854 97,816 61,255 69,375 Other Operating Revenue 958,269 551,291 741,790 6,421,824 6,020,636 5,785,879 Total Operating Revenue 57,351,572 54,185,727 48,647,645 Operating Expenses Current Period Year to Date Actual This Budget This Month Month Last Year Actual YTD Budget YTD Last Year YTD 873,462 936,360 859,655 Salaries & Wages 7,633,709 8,427,237 7,379,305 286,384 290,193 293,790 Employee Benefits & PR Taxes 2,761,359 2,611,741 2,128,348 360,517 329,900 418,348 Professional Fees 3,243,297 2,969,103 3,436,549 307,115 379,870 303,557 Purchased Services 2,795,595 3,418,826 2,598,054 224,248 297,325 227,981 Supplies 1,978,400 2,675,924 2,119,750 3,354 5,716 2,851 Insurance 33,562 51,446 35,327 53,462 46,105 49,223 Utilities 505,296 414,948 438,096 63,193 96,076 86,363 Other Expenses 585,168 864,685 920,268 4,202,486 3,595,089 3,423,563 Nursing Home Fee 38,891,902 32,355,801 29,465,496 6,374,221 5,976,635 5,665,331 Total Operating Expenses 58,428,288 53,789,711 48,521,193 85,711 80,693 79,154 Depreciation 820,084 726,239 718,444 6,459,932 6,057,328 5,744,485 Total Expenses 59,248,371 54,515,949 49,239,637 (38,108) (36,691) 41,394 Net Operating Income/(Loss) (1,896,800) (330,222) (591,993) Non Operating Income / (Exp) 1,127 449 81 Investment Income 11,145 4,041 4,911 (3,112) (1,240) (1,904) Interest Expense (34,118) (11,163) (17,195) - 2,691 - Contributions and Grants 200 24,222 - _ - - IGT Expense - - - - - - Service Contribution by SOSET - - 455,741 127,736 113,021 - Nursing Home Program 1,149,830 1,017,189 - 125,751 114,921 (1,823) Total Non -Operating Revenue 1,127,057 1,034,288 443,456 87,643 78,230 39,571 Total Net Income / (Loss) (769,742) 704,066 (148,537) -1- Memorial Medical Center Income Statement by Operating Unit For the Month Ended September 30, 2018 Revenue Current Period Year to Date Nursing Nursing Hospital Clinics Homes Combined Hospital Clinics Homes Combined 1,054,368 - - 1,054,368 Inpatient Revenues 9,127,330 - - 9,127,330 2,335,708 455,799 - 2,791,507 Outpatient Revenues 21,462,376 4,812,326 - 26,274,702 1,655,826 - - 1,655,826 ER Revenues 14,973,707 - - 14,973,707 - - 4,138,618 4,138,618 Resident Revenues - - 38,346,520 38,346,520 5,045,902 455,799 4,138,618 9,640,319 Total Patient Revenue 45,563,413 4,812,326 38,346,520 88,722,259 Revenue Deductions 2,425,832 194,454 - 2,620,286 Contractuals 23,118,308 1,943,685 - 25,121,993 927,815 17,583 - 945,399 Charity 6,529,813 94,656 - 6,624,469 18,384 - - 18,384 Indigent Care 190,139 13,316 - 203,455 (136,870) - - (136,870) DSH/UCC (1,541,869) - - (1,541,869) (139,138) 8,250 - (130,889) Bad Debt 1,888,708 32,200 - 1,920,908 3,096,024 220,287 - 3,316,311 Total Revenue Deductions 30,245,099 2,083,857 - 32,328,956 1,949,878 235,512 4,139,618 6,324,008 Net Patient Revenue 15,318,313 2,728,469 38,346,520 56,393,303 73,930 23,886 - 97,816 Other Operating Revenue 498,841 459,427 - 958,269 2,023,808 259,398 4,138,618 6,421,824 Total Operating Revenue 15,817,155 3,187,897 38,346,520 57,351,572 Operating Expenses Current Period Year to Date Nursing Nursing Hospital Clinics Homes Combined Hospital Clinics Homes Combined 753,985 119,476 - 873,462 Salaries & Wages 6,624,882 1,008,827 - 7,633,709 260,432 25,952 - 286,384 Employee Benefits& PR Taxes 2,471,742 289,617 - 2,761,359 220,528 139,989 - 360,517 Professional Fees 1,783,027 1,460,271 - 3,243,297 288,082 19,033 - 307,115 Purchased Services 2,552,965 242,630 - 2,795,595 198,512 25,737 - 224,248 Supplies 1,852,819 125,581 - 1,979,400 3,354 - - 3,354 Insurance 33,562 - - 33,562 53,462 - - 53,462 Utilities 505,296 - - 505,296 58,135 5,058 - 63,193 Other Expenses 543,975 41,193 - 585,168 - - 4,202,486 4,202,486 Nursing Home Fee 38,891,902 38,891,902 1,836,490 335,245 4,202,486 6,374,221 Total Operating Expenses 16,368,266 3,168,119 38,891,902 58,428,288 69,711 16,000 - 85,711 Depreciation 676,084 144,000 - 820,084 1,906,201 351,245 4,202,486 6,459,932 Total Expenses 17,044,350 3,312,119 38,891,902 59,248,371 117,607 (91,848) (63,868) (38,108) Net Operating Income /(Loss) (1,227,196) (124,222) (545,382) (1,896,800) Non Operating Income / (Exp) 1,127 _ _ 1,127 investment Income 11,145 - - 11,145 (3,112) _ - (3,112) Interest Expense (34,1181 - - (34,118) Contributions and Grants 200 - - 200 IGT Expense - - - _ _ - - Service Contribution by SOSET _ - 127,736 127,736 Nursing Home Program - 1,149,830 1,149,830 (1,9841 - 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N N O OJ N M t0 O m h W bU O h m m m m m m m m d' h ' n O m m d' h O N N 0 O r` I; G C cm m d' O O C m h oc�m N' r m w 'o_o of of ri m m o" ui m m o m m m z `w is V ti m in m r` m N ti a v O ao m o o m N rn in n m N �o m M m .-i o m m m v� m m <t m d m N N m .-i o O It N m a ' ' .-I t0 wN c m .-I u voi w ci t L6 L O M' O 0 L r W' 0 d� cy/ O h 06 N G N M m �(1 N tD m m i v d m M M d' m N m x m N m W t0 O O O O O It a-i c-1 of h N d' l0 a-f vt t0 N N N W r m m m W W 0 • m. m Lr�r OO Ol • m T m n N l0 N O v K G m ci O O m m l0 m N ci m lD .1 N m d' N N N l0 06 00 N C l0 N O N I 0 m Lr�z 'd' W �-1' L fYm t W m C m 0 O M m n N N " N 2> > M m m m M ci m M m M N N r m m m m m m m m h Z � of p O W W n D W W O W V O d a W d' O H h m M m m m m o m u C s N o .ti L O m m O) W al O h N' h O c-1' 0 m' w dt O' t0 Q l0 r W N l0 LO O �-1 lD M ci t(1 l0 m W 00 3 ci 'i N M N� ttt N ci O N =' N to a 0 Q a) m m n m w m rn O m ut io N m O m O m � Lr �n m ko wN r` m o m Ln m tn m v a W � W M rl l0 h N t11 l0 m N l0 O Ul N N N n Ill N N n lD N rl m m r, rt h m 1� M N m m m t` w m' ' N m h d' .-i O N m c N c m O m N V e u �A m N N' N Vt Hm Ol N' a� .� m m m m �t d 0 o �n m m m m o at in v� io d- m io m o� m a It � U N U N •� U U U U U U U ' -6- New Patient Clinic Visits 477 367 378 328 344 301 345 399 441 3,380 376 Existing Patient Clinic Visits 2,022 1,763 1,898 2,006 1,921 1,563 1,702 2,103 1,780 16,758 1,862 All Other Visits Total RUG & Surgery Clinic Visits 2,499 2,130 2,276 2,334 2,265 1,864 2,047 2,502 2,221 20,138 2,236 425 Specialty Clinic Visits 352 344 506 494 493 562 473 434 169 3,827 54 Hospital OR Procedures 40 49 2,523 61 2,833 57 2,885 61 2,819 62 2,488 53 2,573 65 3,001 44 2,434 482 24,447 2,716 Total Visits & Procedures 2,891 No Shows 167 149 148 156 178 186 169 8% 183 7% 159 7% 1,495 7% 166 No Show% 6% 7% 6% 6% 7% 9% Rural Health Clinic Revenue 410,516 263,469 387,540 • 311,025 424,563 306,388 278,610 305,796 316,428 3,004,334 333,815 105,413 Professional Fees 46,446 154,222 109.768 90,657 138,187 102,721 155,968 94,838 55,165 55,912 61,332 948,720 859.272 96.475 Specialty Clinic Revenue 53,349 122,047 539,737 137,448 634,756 70,995 412,677 82,422 645, I f. 106,146 515,255 170,368 604,946 455,799 433,672 4,812,326 534,703 Patient Revenue Estimated Medicare Settlement 510,311 (2,721) 13,565 (22,631) (189) (56) 3,477 4,095 (307187) (7,582) (212705) 8,533 (1% 16) (3,509) (2080348) (390) (231,150) Contractual Adjustments(761096) 346,493 (770591) 382,7t2 (281320) 330,806 (329588) 142,900 (269878) 375,237 (180067) 338,6fi6 30t,854 235,512 274,290 2,728 469 303 163 Net Revenue Meaningful Use 650 2,117 920 1,125 987 917 D29 7,147 1,099. 9,768 1,085 Rent Revenue 2,781 47,820 8,944 74,601 174,058 22,739 62,477 44Q659 49,962 340B Revenue 14,556 41,683 ..._ .. ,,.. cc,-. ave cns 9fl nna a3575 459.427 51.047 l olal lvllscenaueuus rtova"ac - --- - - -- ' Total Net Revenue 361,699 428,512 334,506 191,846 385,148 414,183 476,740 259,398 337,865 3,187,897 354,211 Salaries -Regular 83,031 91,906 102,727 100,184 104,353 97,544 100,741 104,555 110,905 805,947 99,550 Salaries - Overtime 1,160 4,262 1,243 1,839 1,868 1,977 1,469 2,972 1,989 18,780 2,087 Salaries - PTO 8,916 10,848 11,557 11,446 10,004 10,617 9,419 11,949 119,476 9,343 122,237 94,100 1.008,827 10,456 112,092 Total Salaries 93,107 107,016 115,528 113,469 116,226 110,139 111,628 Benefits - FICA 6.378 6,104 6,294 6,259 6,514 6,234 6,323 6,715 7,160 57,982 6,442 Benefits- State Unemployment - - - - 5 1 21 fit 1,045 116 Benefits- Federal Unemployment 613 109 132 7,447 69 6,497 33 8,653 7,371 7,510 7,221 8,41D 67,975 7,553 Benefits - Retirement 7,644 18,934 7,212 6,695 16,658 23,765 16,686 19,381 18,856 10,671 12,880 144,524 16,058 Insurance -Hospitalization 951 214 1,727 2,176 1,343 1,703 802 1,803 1,358 12,076 1,342 Insurance - Other 478 208 984 992 990 975 848 (478) 1,020 6.016 668 In -workers mp 34,998 20,542 33,242 39,756 34,228 35,670 34,340 25,952 30886 289617 32180 Total Benefits Total Salaries, Wages, antl Benefis 128,105 127,557 748,77D 153,228 750,454 145,808 145,968 145,428 153,126 1,298,444 144,272 Supplies- General 13,053 7,704 6,919 19,438 9,312 8,930 7,659 25,666 20.343 118.925 13,214 879 257 507 724 405 69 260 56 1,623 4,780 531 Supplies - Office - 480 53 Supplies - Farms 160 320 - 221 - 187 - 139 - 62 - 165 15 307 1,396 155 Freight 159 143 Total Supplies 14,250 8,423 7,648 20,350 9,856 9,082 7,984 25,737 22,273 125,587 13,953 189,550 169,674 156,051 157,134 242,659 152,119 85,304 139,989 167,892 1.460,271 162,262 Pro Fees -Physicians .o nn no seo Al7a6 19033 28.446 242.630 26,959 Repairs - InsWments - 3,301 - - 7,784 774 459 12,319 1,027 Collection Costs - 862 1,802 521 636 521 2,204 3,903 2,473 2,623 15,544 1,727 Subscriptions - 475 2,326 420) 420 355 10B 478 3,742 416 Education 2,426 521 7,315 5,019 2,660 14,023 4,064 4,407 41,297 4,589 Total Other Practice Expenses 862 Leases & Rental (9,058) 995 995 995 1,990 995 995 995 995 (104) (12) Equipment leasing -other#1 995 995 995 1,990 995 995 995 995 (104) (12) Total Rent and Leases (9,058) Total Ex enses 351,II98 336,539 336,940 360,940 423,218 360,192 296,009 335,245 377,137 3,168,119 352,D13 Net Operating I 9,802 89 972 (2 434) (159 094) (38 07D) 53 991 180 731 (75 848) (39 272) 19,778 2,198 Depreciation (16,000) (16,000) (16,000) (16,000) (16,000) (16,000) (16,000) (16,000) (16,000) (144,000) (18,000) IGT Expense Community Benefits Contribution - - - _ _ _ _ _ Net Non -operating Income - - - - O.-WbutionMamin (6198) 73 972 (18 434) (175,094) (54 070) 37 99i tfi4 731 (91 848) (55,272) (124 222) (13 802) _7_ New Patient Clinic Visits Existing Patient Clink Visits 477 2,022 367 1]63 378 1.898 328 2,005 344 1,921 301 1.563 345 1,702 399 2,103 441 1,780 3,300 16.758 376 1.862 All Other Visits Total CIR1cMs1ts Hospital OR Procedures Total Visits & Procedures - 2,499 40 2.539 - 2,t30 49 2,179 - 2.276 51 2.327 - 2.334 57 2.391 2.265 61 2,326 1864 62 1,826 2,047 53 2,100 2,502 65 2,567 2,221 44 2,265 20,136 482 20,620 2.238 64 2.291 No Shows/Missed Appointments No Show% 167 6% 149 7% 148 6% 166 6% 178 8% 186 9% 169 8% 183 7% 159 7% 1.495 7% 166 7% Patient Revenue Professional Fees Estimated Medicare Settlement Contractual AdjM 1 Net Revenue 30100041 30100044 410,616 46,446 (2,721) (152576) 3atl arm 263.469 154,222 13.565 (78740) 352,St6 381,540 109,768 (22,631) (176935) 297,743 311,025 90,657 (169) (280641) 120.852 424,563 138,187 (66) (2115781 351,115 306,388 102,721 3,477 (159706) 253.480 278,810 155.968 4,095 (209846) 228,827 305,796 94.838 (7,582) (189396) 203,656 316,428 56,912 8,533 (137487) 243,387 3,004.334 948,720 (3,509) (7596304) 2,353,242 333,815 795,413 (390) (177,367) 261,4(1 3408 Revenue Total Miscellaneous Revenue 14556 14,556 41,683 41,683 1.781 2,781 47.820 47,820 %944 8,944 74,601 74,601 174.058 174,058 22,739 22,739 62,477 62,477 449.659 449,659 49,982 49.962 ToWI Net Revenue 316,221 394,199 300,524 ifi6,673 360,059 328,081 402,885 226.395 305,863 2,802.901 311,433 Salaries - Regular Salaries -Overtime Salaries -PTO Total Salaries 40000041 40005041 40010041 77,884 814 9,195 87,893 86,561 3,928 10,331 100.820 98,979 1,078 11,060 109.117 95,449 1,861 10,955 108.266 98,850 1,614 9,595 110,058 91,995 1,706 10,301 104.002 95,680 1,481 8.773 105.834 99,6BO 2.873 1T324 113.dM 106,479 1,948 8,903 116.330 847,838 17,301 90,437 955,577 94,204 1,922 10,049 106,175 Benefits - FICA Benefits- Federal Unemployment Benefits - Retirement Group Health O[herinsurunce Workers' Come Total Benefits 40015041 40025041 40040041 Mansard 6,013 578 7,190 18,019 871 451 33,120 5,770 97 6,778 6,307 201 196 79,349 5,910 138 6,983 16,733 7,631 929 37.324 5,927 69 6.119 22,675 2,076 947 37,813 6,734 33 8,148 15.800 1,272 938 32,325 6,869 5 6.924 18,301 1,608 921 33,628 5,988 1 7,104 17,877 760 804 32,534 6,350 21 6,930 10,115 1,709 (453) 24,672 6,814 61 7.965 12,257 1,292 970 29,360 64,775 1,003 64,140 137,085 11.421 5,702 274, 126 6,086 ill 7.127 15,232 1.269 634 30,458 Total Salaries, Wages, and Benefits 12t.013 120,t69 140,440 148,079 t42,363 137,831 138369 137928 145,689 1,229,702 136.634 Supplies -General Supplies - Office Freight 40220041 40225041 40215041 12,580 877 159 7,350 218 143 6,777 471 221 1%125 454 187 8.856 363 139 8,925 69 62 7.411 260 165 25,602 56 15 20,221 T622 307 116,846 4,390 1,396 12,983 488 155 Total Supplies 13,775 8,031 7,468 19,767 9,358 9,056 7.836 25,673 22,149 123,113 13,679 4n536641 18%660 169,674 156,061 167.134 242,659 152,119 85,304 139,989 167,892 1,460,271 162,252 Collection Costs Subscriptions Education Total Other Practice Expenses 40440041 40505041 40610041 - 662 862 - 1,802 475 2,428 - 621 521 3.301 636 2 326 7,315 - 521 (420) 4,660 - 2.204 420 2,660 7,784 3,903 355 14,023 774 2,473 108 4,064 469 2,623 478 4.407 12.319 15,544 3742 40,936 1,369 1,727 416 4,549 Leases & Rental Total Rent and Leases 40500041 (9246) (9,246) 633 633 633 633 633 633 1266 1,266 633 633 633 633 633 633 633 633 (3550) (3,550) (39 (394) Total Ex enses 324 687 318197 316.856 337,547 408,566 308,44] 251,650 315,895 358,365 2,940,t90 326688 Net Op1 gi (6446) 76002 (t6332) (1888]5) (48506) 19834 751235 (89499) (52501) (137289) (15264) Depredation (16,000) (16,00) (16,000) (16,000) (16,000) (16,000) (16,000) (16,000) (16,000) (144,000) (16.000) IGT Expense Community Banefi15Con1Ibution Net Nano eraWginwme - - - - - Contribution Margin (24446) 60002 (32332) (184875) (64506) 3634 135235 (105499) (68501j (281289) (31254) Net RevenueMslt Breakeven Usite won Community Benefit Breakeven Visits wl Community Benefit 126.54 2,566 2,566 185.07 1.719 1,719 132.04 2.400 2,400 72.27 4,671 4,671 158.97 2.670 2,570 176.01 1,752 1,752 196.82 1.279 1,279 90.49 3,491 3,491 137.71 2,602 2602 139.18 21,124 21124 IC revenue --- --- :nue 18,855 35,794 52,487 10,982 21J74 17,697 13,438 17,689 13,854 202.170 22,463 Revenue 34,278 86,253 83,272 EB013 60,862 88,241 156,930 36,150 47,478 653.477 72,609 Rent 650 2.117 920 1,125 967 91] B29 t,t47 i 099 9,768 1 085 Total Miscellaneous Revenue 650 2.117 920 1,125 96] 91] 829 t,tA7 1,099 9,768 1,085 Total Net Revenue 45,478 32,313 33,982 23, ll3 25,089 86.102 73,855 33.002 32 001 384 998 42,777 Salaries - Regular 5.147 5.345 5,749 4.735 5,503 5,549 5,160 5,495 5,426 48,109 5,345 Salaries - Overtime 347 334 165 (23) 254 272 (12) 100 42 1,479 164 Salaries - PTO (279) 517 497 491 410 316 645 626 440 3,663 407 Total Salaries 5,214 6.196 6.412 51203 6,168 6,136 5.794 6.220 5,908 53,250 Benefits - FICA Benefits -State Unemployment Benefits- Federal Unemployment Benefits - Retirement Group Health Other Insurance Workers. Comp Total Benefits 366 335 384 332 380 366 335 364 346 3,207 356 35 12 (5) - - - - - - 42 5 454 434 464 378 515 447 406 291 445 3.834 426 915 388 924 1,090 885 1,080 979 555 622 7.439 827 80 12 96 100 71 95 42 94 66 655 73 27 12 55 45 53 54 44 (25) 49 314 35 1,877 1,193 1,978 1,9A5 t,904 2,Wi 1,806 1,280 1,528 15,d92 1,721 Total Salaries, Wages, and Benefis 7,092 ],388 8.330 7,148 8,07t 8,1 ]] 7,600 7,500 7,436 68.742 7,638 Supplies - General 474 353 142 313 457 6 148 64 122 2,079 231 Supplies - Office 2 39 37 270 42 - - - 1 390 43 Supplies - Forms - - - - - - - Freight Total Supplies 476 392 170 583 498 6 148 64 124 2,469 274 Pro Fees - Physicians Purchased Sarvlces-Non-physlGan - 19,475 - 10,200 " iL2t3 5,300 $000 43,200 36,250 11,425 10,850 152,913 16,990 Total Purchased Services 19,475 10,200 11,213 5,300 5,000 43,200 36,250 11,425 10,850 152,913 18,890 Education - - - 359 - - - - 359 40 Total Other PraGlce Expenses - - - - Leases & Rental 188 362 362 362 724 362 362 362 362 3,446 383 Equipment leasing - otherill Total Rent and Leases 188 362 362 362 724 362 362 382 362 3,446 We Total Ex ences 27,23i 18,342 20,084 13,393 14,653 5t 745 44360 19,350 78 ]]2 227,829 25 325 NetO eralin Income 18,248 13,970 13,899 9,780 10,436 34,357 29 A96 13,652 t3,230 757 037 V.452 IGT Expense Community Benefits Contribution eratln Nat Non-o Income - - - - Conbibutlon Margin 78 248 13,970 13,899 %780 10,436 34,357 28,49fi 73,652 13 230 15] 067 17,452 Memorial Medical Center Physician Revenue Trend - Hospital Only YTD for 2018,2017,&2016 Amount Amount Comparision %Comparision Comparision Comparision 2018 YTD 2017 YTD 2016 YTD 2018 to 2017 2018 to 2017 2018 to 2016 2018 to 2016 Memorial Medical Center Clinic 000966 Trumng Thao 1,121,757 1,042,127 960,046 79,630 8% 161,711 17% 002099 Shefcik Traci 371,419 346,157 311,502 25,262 7% 59,917 19% 002927 Gaines Michael 178,841 - - 178,841 178,841 005966 Carol Andrus - 74,891 288,697 (74,891) -100% (288,697) -100% 009293 Serino Danielson 1,314 492,285 1,539,626 (490,971) -100% (1,538,312) -100% 009294 John Durst - 206,323 - (206,323) -100% 0 011005 Crawley William 4,129,916 4,759,389 3,975,384 (629,473) -13% 154,532 4% 019000 Arroyo Diaz Ric 2,847,235 2,700,400 3,342,722 146,835 5% (495,487) -15% 022000 Rojas Peter 1,038,601 972,751 1,686,022 65,850 7% (647,420) -38% 041574 Hinds Frank 1,521,199 605,539 - 915,660 1513/. 1,521,199 041596 Schultz Mercede 1,049,127 154,816 - 894,312 1,049,127 041743 Angela Dobbins - - 640,514 0 #DIV/01 (640,514) -100% 042320 Pfeil Michael 366,580 5,512 - 361,069 366,580 058001 Thudkill Court 328,875 230,884 205,300 97,992 42% 123,575 60% 100118 Joseph Jenkins 24,217 - - 24,217 #DIV/01 24,217 #DIV/01 320001 Sharma Odonnell 51,772 - 51,772 #DIV/0! 51,772 #DIV/0! 12,954,965 11,591,074 12,949,812 1,363,792 12% 5,054 0% 28% 26% 24% Hospitalist 015020 Hospitalist 7,153,410 5,916,924 6,450,245 1,236,486 21% 703,165 11% 7,153,410 5,916,924 6,450,245 1,236,486 21% 703,165 11% 16% 13% 12% Port Lavaca Clinic 000983 Michael Caughron 54,298 - 33,768 54,298 #DIV/0! 20,530 61% 001500 Lincoln Jewel 31,411 1,552,424 2,109,871 (1,521,013) -98% (2,078,460) -995, 008800 Time N Kwi 1,411,856 1,396,359 1,678,544 15,497 1% (266,689) -16% 012000 Griffin Jeannine 193,713 175,742 173,419 17,971 10% 20,295 12% 013001 Falcon Leigh A 1,652,643 1,597,725 2,071,278 54,918 3% (418,635) -20% 050001 Wright John 2,471,039 2,817,071 3,509,813 (346,032) -12% (1,038,775) -30% 320001 O'Donnell Sharma 272,899 303,706 353,395 (30,806) -10% (80,495) -23% 6,087,859 7,843,027 9,930,088 (1,755,168) -22% (3,842,229) -39% 13% 17% 19% Specialty Clinic 000404 Ado Ayo 584,334 698,536 750,418 (114,202) -16% (166,084) -22% 000548 Haresh Kumar 15,971 - - 15,971 001381 Dakshesh Parikh I 14,576 837 56,291 13,739 012100 Breech Donald 665,253 753,319 656,290 (88,066) -12% 8,963 19, 013000 Bunnell Dan Pau 686,303 474,732 305,109 211,571 45% 381,194 125% 070002 Richard Steinberg - 92,633 164,447 (92,633) -100% (164,447) 4001% 525225 Malik Azhar MD 54,795 42,926 65,382 11,869 28% (10,587) -16% 2,021,231 2,062,982 1,997,936 (41,751) -2% 23,295 1% 4% 5% 4% Physician Revenue Trend -Hospital Only Memorial Medical Center YTD for 2018,2017,& 2016 Amount Amount Comparision %Comparision Comparision Comparision 2018 YTD 2017 YTD 2016 YTD 2018 to 20172019 to 2017 2018 to 20162018 to 2016 Coastal Medical Clinic 000806 William McFarland - 96,014 218,944 (96,014) -100°% 1218,944) -100% 000809 Delgado Ana 4,752 - - 4,752 #DIV/01 4,752 #DIV/01 011000 McFarland, Tim R 51,961 496,081 727,750 (444,1201 -90% (675,789) -93% 56,713 592,095 946,694 (535,382) -90% (889,981) -94% 0% 1% 2% Independent 006000 Lin Mau Shang 269,084 204,800 1,547,983 64,284 3L (1,278,900) -83% 3100D1 Cummins Michelle 268,270 315,323 529,957 (47,053) -SS% (261,687) -49% 330000 Le Nhi MD 16,928 28,417 27,079 (11,489) -40% (10,151) -37% 554,281 548,540 2,105,019 5,741 1% (1,550,738) -74% 1% 1% 4% Other Medical Staff I807077 Nilesh Patel 989112 Powaser Peter 065002 George Boozalis Total E/R Physicians Other Ordering Physicians Totals $ 281,008 $ $ 91,123 $ 1% 110,225 $ 566,048 1% 170,783 155% (285,040) -So% 91,123 #DIV/01 91,123 #DIV/01 187,791) -37% 166,103) -31% -33% 13,261,256 12,896,375 14,565,162 364,881 3% (1,303,906) -9% 13,261,256 12,896,375 14,565,162 364,881 3% (1,303,906) -9% 29% 28% 27% Memorial Medical Center Inpatient Volume Indicators Admissions by Unit 2016VID 2017 YTO 2018 YTO 9 Medical/Surgical/ICU 0Obstetdcs nSMng bed Admits Patient Days by Unit '.. 4,000 472 3,500 {46E1 - 386 3,000 ''.. 2,500 —1149 184, 2,000 "'.. 1,500 - 1,000 2,828 2,343 2,212 500 0 2016 TM 2017Vm 2018 YTO ®Medical/Surgical/ICU ®Obstetrics nSwing Bed Average Daily Census OMedical/Surgical/ICU BObstetrirs nSwing Bed Average Length of Stay 8.00 w Medical/Surgical/ICU MObstetdcs USMi 05ed -12- Memorial Medical Center Operating Statistics 13-Month Trends Outpatient Statistical Trends 2,500 2,028 1,986 1,869 1,897 1,823 1,883 2,000 1,648 1,681-'z.,-Y,695 '778 �^a_ 1,415 1,415 1,500 500 A g-1] Sep-lJ O t-1] Nov-17 Dec -I] Jan 18 F b-18 Mar-18 Apr-38 May-18 Jun-18 Jul-I8 Aug-18 Sep 18 = outpatient Visits = Emergency Room Visits Specialty Clinic Visits Surgery & Endoscopy zoo 0 83 12 -_. 107 109 _.98_ .__'76 82-- --.88 -._SOS__. 110 108_. _ .91 _... 102. _...69-. . '. Aug-i] Sep-D Oct-17 Nov-17 Dec-ll Jan-18 Feb-18 Mar -IS Apr-38 Maµ18 Jun-18 Jul-18 Aug-18 Sep-18 Radiology Procedures 2,000 -. _.__-'---.----_.. _._..._ ___. _.-__ 1,1521,237 ._----.-.---_-_. 1,000 1,23J 1,419 1,332 1230 1,404 1,349 1,958 1;53fi--1456 1,297 1392 1,452 1,281 .. Aug-17 Sep-17 Oct-17 Nov-17 Dec-lJ Jan 18 Feb-18 Mar-38 Apr-18 May-18 Jun-38 Jul-18 Aug-18 Sep-18 Laboratory test j 35,110 -- 30,000 -----. -- -- 32006 31,655 32252 30,906 31,171 31,039 31259 ,30,212 30912 31127 30663 25,000 -. 28389-2],108 -- -- �� 27,993 20,000 Aug-17 Sep-IJ Oct-17 Nov-lJ Dec-17 Jan18 Feb -IS Mii Apr-18 May 18 Jun-18 1 I-18 Aug-18 Sep 18 Rehab Services Procedures 4,000 22,000 _1,4-. 1,591 _ _�'�3_ _ 1,49]-.-1,510.. _i 839 _ _-1,348--1,458--1,445- 0-1,276--1218 08 '- -- - 1340 „ Aug-17 Sep-17 Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-38 Apr-18 May-18 Jun -SS Jul-18 Aug-18 Sep-18 -13- N r N N O W N N 'd 6 V M W O rl [l1 �-1 m b-1 W m Ill Ol o m n IO m m m W N W Oi N l0 �y Onl+ �1 N d' V Oi r b� W b N N N W Vl VI N N N N N O~ Ir0 d' N ^ nO �O b�„ N N b W nml n V N Vl r1 M O M N tOO an-1 N Iylil an-1 ^ tmp lmp m � w r Ol O Ol I� ei n N N O V m m O] 1(1 Vl Ip V N m m OaOlO lO0O 6 ONA N m Ol m m O n ♦i m O Nma O rl r O VI b -If1 N r1(1 mO mm mm rvm bml mnn a mry A� i W OO '1 � T v v.`i+ n me .iry aomv,inm N .i .+ a r�ry nmm.-I�mlam v N on v o aN n InNtimrvo m r ul IO1ra r 0 r ry to o .+ of ry m o v m o o ry m n n m a .i ry m m n m M b o v la m N M O N W Ir0 (OYI W O l0 O N OI m m N O VI O N O M O Ol N N r m. 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M m N N N+ Ol O` m � m N m e�i m N� b fill N n� N O b al O N� N Ol N Ot N O t�O T p� N r N b r N N e�i ��vvll el Oml m ry �-I r N r l0 N rl b Iln1 m b lN0 0 N b O N N 01 N r W b m mmm O .-i m Ill rvr'ii�rv-i m roem m m N oo M ^ ry NmN ti mr-Ib n� '.j InnN .bi o N n v mmo.� N .6 M W m W N n Orl W Ir(1 N r OO O Ol (ll ryry M N N n p O N F rtl N lbO N �yl yyll �yl 1/ml .-1 N 'i m N m N M V�1 p N O b r r N n O �O-1 b Imvl N N I/Nl N N W tOO O N cU rt1 N emi b N O n m d' N O N N b N m Ibil ti N m N m N m �-1 d' ei tm0 N N O m T W O^ V N O V m N ti m m n m Ol O O OO m b m b .y .i o m r1 ti N n N m to a m W m oa to r cN `j a Ilm o r m o n rl W d' O N b r V N V N N N n VI Ill W O O Of V m V m N I m W o 0 N b pl W M O' m •i V r I� m n m O n �-I e'1 M Ol m ID Ill N 'I N V N `l O IV n l0 m V r O N VI O1 0 m W C 7 W e W W O C W E E o u O Q pep o c m S S rc` w ✓ a 60 v �' m f _ wv " E E In o z Z F pi v a u m m F= o y�� 51 n � tpi� 2' F wF=. a�o•n 1=1= ooz �owwlnm� rczm z'ssG� �� z�x wcl¢ smuno -14- Memorial Medical Center YTD YTD YTD 9/30/2018 Statistical Comparison 09/30/16 09/30/17 09/30/18 OVER (UNDER) % (9 months) (9 months) (9 months) 9/30/2017 CHANGE Total Admissions ER Admissions Total Patient Days AVERAGE DAILY CENSUS 895 718 762 44 6.1% 562 449 457 8 1.8% 3,514 2,960 2,782 (178) -6.011. Medical/Surgical/ICU 10.36 8.58 8.10 (0.48) -5.6% Obstetrics 0.78 0.55 0.67 0.13 23.5% Swing Bed 1.73 1.71 1.41 (0.30) -17.5% Total AVG Daily Census 12.87 10.84 10.19 (0.65) -6.0% Total AVG LOS - Acute Care 3.67 3.80 3.38 (0.42) -11.0% Observation - Patients 437 366 396 30 8.2% Observation - Patients from ER 325 226 319 93 41.2% Newborns - Births 84 66 85 19 28.8% MMC Clinic Visits 16,631 17,656 19,968 2,312 13.1% Outpatient Visits 18,561 17,134 15,905 (1,229) -7.2% Emergency Room Visits 6,719 6,623 6,839 216 3.3% Specialty Clinic Visits 41671 4,171 3,888 (283) -6.8% Surgery & Endoscopy 983 748 827 79 10.6% Laboratory test 281,327 280,749 279,536 (1,213) -0.4% Radiology Procedures 6,462 6,037 5,824 (213) -3.5% RadiologyOP- Clinic 1,130 1,129 1,084 (45) -4.0% Bone Density 116 132 209 77 58.3% Nuclear Medicine 169 110 97 (13) -11.8% Ultrasound 1,779 1,376 1,456 80 5.8% Ultrasound - Clinic 422 396 467 71 17.9% CT Scans 2,325 1,988 1,958 (30) -1.5% MRI 991 795 764 (31) -3.9% Mammograms 707 345 666 321 93.0% Total Radiology Procedures 14,101 12,308 12,525 217 1.8% Respiratory Therapy Procedures 7,129 6,190 5,322 (868) -14.0% Stress Test 63 33 28 (5) -15.2% Holter Monitor 25 25 EKG Exams 2,858 2,201 2,101 (100) -4.5% Sleep Studies 128 105 67 (38) -36.2% Total Respiratory 10,178 8,533 7,544 (989) -11.6% Physical Therapy Services Procedures 15,823 17,240 14,071 (3,169) -18.4% Occupational Therapy Total 2,043 939 239 (700) -74.5% Speech Therapy Total 523 726 491 (235) -32.4% Behavioral Health Patient Encounters 3,240 1,532 1,010 (522) -34.1% Cardiac Rehab units 18 442 982 540 122.2% Pharmacy Total 109,920 92,284 86,636 (5,648) -6.1% Dietary Total 43,011 n.a. 33,711 -15- O N 0 a � e o � W m e nP m„r,m•I V y N e ^ •" d'. ry h N v$ "' N y e m� m m o m of a•mO m m a�� TT rv•a m m aN �rvwTa�^n„ m.i m m� n� � N n a •o N m N.� rv� .�. 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Ip T a h N N m E O �' N l0 C .L] N N l0 0 '6 Q Y O V U v 0 'C Q ° O p u N V y t0 u F p, a m m >>> .° .0 m `w K O U v E O �' y C v m C m w 3 a m s a m m a a a Q m Q" u n z n ,�„� lD ltl l0 C t0 Ot lO N m Il W vl N f*1 i tD O' Ol .-I O C Ill d� OJ' Oi W W Q m O O1 O N � d' m l0 c-I d' t0 l0 O1 Ifl O1 .ti cl N O a-1 �-1 ci r1 n °0 m co vl oo a m a io � o In o vNi v� t� W Ol O tD N Ol r-1 ✓1 � O � ol� n m '-1 Ifl � N m m R W N M .^i O o cmi tNil V `-1 Ol N m H ti N O •�-1 ��-1 � ti w m m m m r m m a to Io m m a M m N m t0 'd; I� V tD Ol t0 N m m t0 m `y 0 W O tp tD W O1 cl W Ill d' O e\i N N I m lU h N w 0 O m a W Il ci vl m d' Ol ✓1 �h Ol O ri .-i r1 .i rl N M O h M M d' N O N m N O O O ✓1 V � rl N ttl IA W lD N .--1 ci' tt] � W ccyy L W D N N '-1 O I M M o M o M a0 O m io .y m N h Ol m m N m 00 Vl W U1 lD O1' N' .-I' d' h N d� Ol co N a-1 W l0 V1 N I(1 m V M W m O] m m l0 m M N 1� m r1 m to N N m h 0 M N tYl ri N' 7 ri N r1 '� rl m p m m N t0 Ol O d' vl Ol W .-I m m' o Y d'' Io ao acr i .ti o vi lo" oo d' t ui Q v d' O1 N t`'l V1 N' •-I h N ✓1 O m I0 O h 00 t0 N N m Ol O m ^ N .-i Ol Vl W O M 00 N W h O t<l � N vl W vl ttl � W' N' tp d' 4 ei 1� m ri m N 111 m m N m V N T m m M h � m m N t0 � ri (YI � c-1 � Ol OJ ' ' ' m ' Ol O � Ol l0 lD N O V (Yl •-I m p0 M p� r l0 a-1 t0 o N tO o h M t0 N V Ol O N ei lD c-1 W O Ol �-1 W O1 N V1 Ill N i' � 0 m m Oi O O vl I(1 W cl�m CIcl 0 m � N � v O M f✓1' .N-1 N N N m m h ti t N m m m O O1 Ll h N Ol d' M M Lr IA N N l0 � ci h Yl u1 d' V 1� N ci m v 'I .-1' to ai M ti ti N O cmi m .=I in m m o ti a m a O N N tD vl Ol W O Ill ONl d' N O Ill 00 d' Vl IA Ill r-1 fn W 16 6ff m ma o � m m a � � IaOil m vNi Y C N G U1 d W C N L Y v m in w w e a U a m x ro w c a v )_ � Y C R pi�pp( .O m Y y UI 2 Yam- v >. V V U U V Y Y Y N O O �1 J Z V N O Qw , Q Memorial Medical Center Capital Acquisitions For the Month Ended September 30, 2018 Month Description Land Building Equipment Total 1/31/18 Panda HIES Warmer w/Instrument Shelf 22,530 22,530 1/31/18 Computers -January 2017 - 5,558 5,558 1/31/18 CPS] Software needed for EMR requirements 118,790 118,790 Sub Total January - 146,878 146,878 2/1/2018 Land - 701 N Virginia, Port Lavaca, TX 2/1/2018 Bldg -701 N Virginia, Port Lavaca, TX 2/12/2018 Trilogy 202 Ventilator 2/28/2018 Computers Sub Total February 3/31/2018 Computers Sub Total March 4/30/2018 Hand Held Ultrasound Unit Sub Total April 5/31/2018 Mammography 5/31/2018 Fiber Optic Link, New Clinic 5/31/2018 Gas Line Sub Total May 6/30/2018 ER Signs Sub Total June 7/31/2018 Computers Sub Total July 8/23/2018 Computers Sub Total August 9/30/2018 CT Room Remodel 9/30/2018 Computers 9/30/2018 Firewall - Cisco 9/30/2018 Occupational Marketing - Audiometer 9/30/2018 Petroleum Solutions - Tank Monitoring Sub Total September Sub Total October Sub Total November Sub Total December Total 141,200 141,200 276,889 276,889 11,338 11,338 14,554 14,554 141,200 276,889 25,891 443,980 10,976 10,976 10,976 10,976 - 9,675 9,675 392,744 392,744 17,905 17,905 5,192 5,192 - - 415,841 415,841 5,028 5,028 5,028 5,028 8,079 8,079 8,079 8,079 2,407 2,407 3,176 3,176 9,063 9,063 9,297 9,297 5,530 5,530 3,176 29,045 32,220 $ 141,200 $ 280,064 653,821 1,075,085 �FX"a nsa $�smmm� ZP mlj� 1�Y1�� m N V1 �-I 'Nil 'n ry n m N umi a W ro N N N I~il O M O N r N N ~ N O N O N O N W O N N � � b r1 O N W b „i N ro m m a a m m m n c m O N m m m m o $ m O tt N m 3 N n O N n r N N W fIl N O W m N O m lyj N N ry' W n p n r N m N m ~ tp0 V N N Oml 1+1 N N U W 0 3 = o c .£_ u O O N > ? T Memorial Medical Center Payer Mix Memorial Medical Center As of September 30, 2018 12 Month Trend i so 45 i 40 35 i 30 25 20 15 Ali T '._ "' •.,,'�.r 10 �--c✓ i C 9 h0 O_ Q n Seriesl Series2 —C—Series3 ; •Series4 Series6 Series6 -21- Memorial Medical Clinic Payer Mix Memorial Medical Clinic AS of September 30, 2018 4 Month Trend —22— m st f 1 ( 8 twos a I b � P b m e I & ry n d ry a m a � a Y E m s 1 a m �r O ry tp e x ay y z V X W ', was apt -23= Memorial Medical Center Accounts Receivable Agings Aging 0-30 31-60 61-90 91-12 1121-150 151-180 181-365 Total Gross=90Days r %Under 90 Days Total Jan-17 4,561,199 1,469,951 1,100,920 982,629 476,477 353,442 1,059,659 10,004,278 18.9% 28.7% 60.3% 71.3% Feb-17 3,997,759 1,723,287 1,056,568 781,203 566,018 282,925 11168,505 9,576,264 21.1% 29.2% 59.7% 70.8% Mar-17 3,773,839 1,907,190 1,179,335 704,554 297,877 283,398 973,224 9,119,417 17.0% 24.8% 62.3% 75.2% Apr-17 3,596,810 1,887,117 1,343,950 698,284 391,335 182,383 958,124 9,058,003 16.9% 24.6% 60.5% 75.49/ May-17 3,664,157 1,711,890 1,085,916 791,862 432,566 229,471 1,151,230 9,067,092 20.0% 28.7% 59.3% 71.3% Jun-17 3,969,048 1,754,014 1,170,853 743,100 444,307 267,135 1,008,115 9,356,572 18.4% 26.3% 61.2% 73.7% Jul-17 4,046,347 1,934,970 1,108,644 650,999 470,901 273,275 1,048,009 9,533,146 18.8% 25.6% 62.7% 74.4% Aug-17 3,439,090 2,250,858 1,350,173 824,841 477,805 299,293 1,123,377 9,765,436 19.5% 27.9% 58.3% 72.1% Sep-17 3,476,932 1,831,638 1,338,123 1,019,649 658,678 261,460 1,158,721 9,745,201 21.3% 31.8% 54.5% 68.2% Oct-17 3,950,901 1,447,764 1,309,557 1,078,059 726,276 449,970 1,138,219 10,100,747 22.9% 33.6% 53.4% 66.4% Nov-17 4,031,951 1,942,996 963,012 820,502 674,549 479,208 1,092,091 10,004,309 22.4% 30.7% 59.7% 69.3% Dec-17 3,369,155 1,776,876 1,329,611 957,231 668,287 422,688 1,322,641 9,846,490 24.5% 34.2% 52.3% 65.8% Jan-18 4,037,071 1,509,038 1,276,575 1,102,392 622,606 469,173 1,322,009 10,338,864 23.3% 34.0% 53.6% 66.0% Feb-18 4,404,787 1,771,312 966,966 949,627 805,456 354,935 1,385,778 10,638,860 23.9% 32.9% 58.1% 67.1% Mar-18 3,644,319 2,142,989 1,295,861 817,250 739,113 637,321 1,431,215 10,708,068 26.2% 33.9% SU% 66.1% Apr-18 3,973,283 1,797,168 1,488,925 1,103,355 696,484 545,343 1,487,965 11,092,525 24.6% 34.6% 52.0% 65.4% May-18 4,085,271 1,913,588 1,142,851 1,059,675 921,907 394,597 1,521,370 11,029,259 25.6% 35.2% 54.4% 64.8% Jun-18 3,849,206 1,703,638 1,279,846 920,439 782,238 337,403 1,454,395 10,327,165 24.9% 33.8% 53.8% 66.2% Jul-18 3,900,269 1,640,242 1,264,165 973,541 859,006 743,071 1,807,759 11,188,053 30.5% 39.2% 49.5% 60.8% Aug-18 3,763,400 1,733,095 1,104,875 1,052,621 898,089 774,197 1,938,160 11,264,437 32.1% 41.49/. 48.8% 58.6% Sep-18 3,905,377 1,782,035 1,042,315 787,688 872,556 776,132 2,182,860 11,348,962 33.8% 40.7% 50.1% 59.3% Jan-17 Medicare 2,386,450 285,860 149,700 155,427 119,244 38,280 52,875 3,187,836 . 18.6% 83.8% Feb-17 1,862,872 374,963 116,022 71,331 89,561 13,984 46,738 2,575,471 5.88% % 5 .% 86.9% 91.4% .% Mar-17 2,107,406 436,774 230,248 69,511 20,078 25,536 60,966 2,950,519 3.6% 6.0% 86.2% 94.0% Apr-17 1,976,211 471,695 228,098 143,924 66,892 11,845 48,197 2,946,861 4.3% 9.2% 83.1% 90.8% May-17 1,872,077 421,809 148,604 66,904 34,477 27,215 24,922 2,596,009 3.3% 5.9% 88.4% 94.1% Jun-17 1,901,474 375,067 131,562 51,709 9,333 15,186 51,010 2,535,341 3.0% 5.0% 89.8% 95.0% Jul-17 1,959,529 418,370 115,772 52,310 34,540 7,949 54,922 2,643,393 3.7% 5.7% 90.0% 94.3% Aug-17 1,565,207 548,410 143,762 55,787 29,744 17,895 40,975 2,401,780 3.7% 6.0% 88.0% 94.0% Sep-17 1,655,132 426,033 182,349 35,908 5,783 19,655 53,433 2,378,292 3.3% 4.8% 87.5% 95.2% Oct-17 1,546,696 326,618 168,326 97,667 24,188 5,783 44,675 2,213,954 3.4% 7.8% 84.6% 92.2% Nov-17 1,503,313 314,582 71,861 46,533 60,375 24,632 51,412 2,072,709 6.6% 8.8% 87.7% 91.2% Dec-17 1,538,394 289,336 83,733 70,541 43,439 37,498 59,975 2,122,916 6.6% 10.0% 86.1% 90.0% Jan-18 1,844,700 451,558 77,713 52,902 16,665 43,694 88,177 2,575,409 5.8% 7.8% 89.2% 92.2% Feb-18 2,088,267 361,587 125,854 40,101 35,914 3,745 71,835 2,727,305 4.1% 5.6% 89.8% 94.4% Mar-18 1,581,974 370,210 138,814 105,521 28,386 29,320 52,846 2,307,071 4.8% 9.4% 84.6% 90.6% Apr-18 1,734,620 410,877 227,646 91,038 71,717 23,247 78,523 2,637,667 6.6% 10.0% 81.3% 90.0% May-18 1,825,583 408,277 154,170 124,556 69,720 70,213 59,169 2,711,689 7.3% 11.9% 82.4% 88.1% Jun-18 1,764,878 198,191 162,714 57,769 48,527 24,513 72,939 2,329,531 6.3% 8.7% 84.3% 91.3% Jul-18 1,759,349 244,537 82,156 34,860 49,928 30,310 47,287 2,248,427 5.7% 7.2% 89.1% 92.8% Aug-18 1,546,920 284,669 71,695 38,259 24,094 38,439 77,946 2,081,922 6.791 8.6% 88.0% 91.4% Sep-18 1,805,215 330,690 53,618 21,457 35,582 3,572 74,026 2,324,159 4.9% 5.8% 91.9% 94.2% -24- J:\2018\SEPTEMBER 2018\AR Monthly Analysis Board Packet -Sept 2018.xlsx Memorial Medical Center Accounts Receivable Agings Aging 0-30 31-GO G1-90 91-120 121-150 151-180 181-365 Total Gross %Over 120 Days %Over 90 Days %Under 60 Days %Under 90 Days Medicaid Jan-17 477,073 109,557 83,221 109,745 32,115 240 49,129 861,079 9.5% 22.2% 68.1% 77.8% Feb-17 499,028 262,788 75,947 70,739 45,052 11,423 23,859 988,836 8.1% 15.3% 77.0% 84.7% Mar-17 366,982 152,054 132,383 55,197 32,554 31,887 31,866 802,924 12.0% 18.9% 64.6% 81.1% Apr-17 446,305 129,854 103,367 44,736 17,612 16,982 38,509 797,364 9.2% 14.8% 72.3% 85.2% May-17 379,502 80,220 47,861 17,661 7,005 4,153 19,719 556,121 5.6% 8.7% 82.7% 913% Jun-17 436,594 108,262 21,015 13,369 51,724 4,769 1,162 636,896 9.1% 11.2% 85.5% 88.8% Jul-17 419,361 168,247 44,566 10,362 5,081 1,669 2,140 651,426 1.4% 3.0% 90.2% 97.0% Aug-17 460,814 355,303 115,759 32,474 7,570 2,527 2,963 977,411 1.3% 4.7% 83.5% 95.3% Sep-17 426,389 157,688 95,749 55,878 18,320 5,034 2,324 761,381 3.4% 10.7% 76.7% 89.3% Oct-17 591,739 127,347 107,194 88,329 53,254 15,528 5,416 988,807 7.5% 16.4% 72.7% 83.6% Nov-17 759,598 252,849 58,949 112,208 64,507 29,619 15,371 1,293,102 8.5% 17.1% 78.3% 82.9% Dec-17 431,144 299,722 97,482 58,356 48,616 44,765 14,753 994,838 10.9% 16.7% 73.5% 83.3% Jan-18 422,060 148,528 225,853 86,639 48,806 46,157 49,814 1,027,857 14.1% 22.5% 55.5% 77.5% Feb-18 433,253 154,279 53,562 42,735 66,332 38,398 92,970 881,531 22.4% 27.3% 66.6% 72.7% Mar-18 437,939 133,832 80,035 28,497 19,079 1,863 31,876 733,121 7.2% 11.1% 78.0% 88.9% Apr-18 683,844 151,138 96,296 69,986 13,085 4,637 27,487. 1,046,473 4.3% 11.0% 79.8% 89.0% May-18 549,198 266,269 57,422 78,441 35,940 4,968 10,969 1,003,207 5.2% 13.0% 81.3% 87.0% Jun-18 530,391 260,169 168,617 43,823 54,626 19,590 16,051 1,093,267 8.3% 12.3% 72.3% 87.7% Jul-18 423,204 191,192 158,059 71,199 31,984 18,255 44,083 937,976 10.1% 17.6% 65.5% 82.4% Aug-18 406,778 124,853 113,057 74,726 20,198 23,360 29,471 792,443 9.2% 18.6% 67.1% 81.4% Sep-18 335,414 161,756 87,984 47,466 33,959 23,860 33,938 724,378 12.7% 19.2% 68.6% 80.8% BCBS Jan-17 320,493 84,311 20,250 14,367 5,700 2,621 15,461 463,205 5.1% 8.2% 87.4% 91.8% Feb-17 269,307 46,555 27,028 9,863 15,810 5,545 9,349 383,456 8.0% 10.6% 82.4% 89.40% Mar-17 247,112 75,199 12,097 22,972 1,057 8,981 23,522 390,939 8.6% 14.5% 82.4% 85.5% Apr-17 194,701 66,632 11,211 6,873 2,935 11057 28,239 311,648 10.3% 12.5% 83.9% 87.5% May-17 242,780 26,109 17,740 10,674 1,381 2,735 32,665 334,083 11.0% 14.2% 80.5% 85.B% Jun-17 248,545 88,197 20,152 7,449 1,480 1,545 19,779 387,147 5.9% 7.8% 87.0% 92.2% Jul-17 208,352 47,463 6,757 5,350 3,303 383 21,144 292,752 8.5% 10.3% 87.4% 89.7% Aug-17 164,226 16,122 25,208 5,446 1,896 3,303 19,975 236,175 10.7% 13.0% 76.4% 87.0% Sep-17 223,860 51,453 30,158 4,197 2,583 3,249 30,060 325,560 11.0% 12.3% 84.6% 87.7% Oct-17 407,975 17,747 10,268 3,174 3,375 236 37,470 480,246 8.6% 9.2% 88.6% 90.8% Nov-17 290,129 118,230 9,065 8,522 369 1,488 18,526 446,330 4.6% 6.5% 91.5% 93.5% Dec-17 373,181 37,769 104,059 3,292 9,976 369 23,522 552,169 6.1% 6.7% 74.4% 93.3% Jan-18 314,301 41,036 15,097 99,861 3,229 3,315 21,609 498,447 5.6% 25.7% 71.3% 74.3% Feb-18 298,344 49,545 15,003 6,092 15,309 1,956 9,740 395,989 6.8% 8.4% 87.9% 91.6% Mar-18 295,992 108,947 36,620 7,521 2,126 18,355 1,912 471,374 4.8% 6.3% 85.9% 93.7% Apr-18 264,955 59,799 22,052 24,249 3,036 290 3,381 377,761 1.8% 8.2% 86.0% 91.8% May-18 333,429 85,657 28,772 13,701 11,066 853 1,266 474,745 2.8% 53% 88.3% 94.3% Jun-18 243,731 39,136 15,863 19,935 5,982 - 339 324,987 1.9% 8.1% 87.0% 91.9% Jul-18 293,552 25,273 21,415 4,663 4,641 1,022 1,147 351,714 1.9% 3.3% 90.6% 96.7% Aug-18 246,685 76,065 10,129 15,588 2,965 1,388 365 353,185 1.3% 5.7% 91.4% 94.3% Sep-18 259,451 36,355 31,903 8,890 14,802 2,895 2,167 356,462 5.6% 8.1% 83.0% 91.9% -25- 1:\2018\SEPTEMBER 2018\AR Monthly Analysis Board Packet -Sept 2018.xlsx Memorial Medical Center Accounts Receivable Agings pglog 0-30 31-60 61-90 91-120 121-1so 151-180 181-365 Total Gross %Over % Over % Under %Under 120Days 90Days 60Days 90Days, Commercial Jan-17 998,533 274,367 175,439 123,255 28,246 44,188 92,977 1,737,006 9.5% 16.6% 73.3% 83.4% Feb-17 1,153,728 303,202 157,302 62,901 45,604 24,581 95,421 1,842,739 9.0% 12.4% 79.1% 87.6% Mar-17 844,910 425,021 153,692 91,705 30,928 32,904 123,070 1,702,229 11.0% 16.4% 74.6% 83.6% Apr-17 745,420 490,323 268,383 97,507 74,921 21,913 130,255 1,828,722 12.4% 17.7% 67.6% 82.3% May-17 763,519 358,044 178,198 138,315 67,083 20,153 126,604 1,651,916 12.9% 21.3% 67.9% 78.7% Jun-17 800,121 347,650 176,569 77,169 97,604 39,049 68,539 1,606,701 12.8% 17.6% 71.4% 82.4% Jul-17 774,569 388,804 158,306 62,600 48,270 79,143 74,750 1,586,443 12.7% 16.7% 73.3% 83.3% Aug-17 674,104 448,688 191,443 154,611 47,357 29,752 113,532 1,659,488 11.5% 20.8% 67.7% 79.2% Sep-17 721,865 339,070 195,300 131,925 103,031 30,556 125,411 1,647,158 15.7% 23.7% 64.4% 76.3% Oct-17 835,246 343,682 208,722 150,765 84,940 58,123 140,570 1,822,048 15.6% 23.8% 64.7% 76.2% Nov-17 955,745 435,321 193,894 169,830 88,573 65,646 178,639 2,087,649 15.9% 24.1% 66.6% 75.9% Dec-17 682,636 339,518 224,738 181,524 156,065 41,013 158,761 1,784,255 19.9% 30.1% 57.3% 69.9% Jan-18 824,258 285,290 217,186 165,943 123,015 129,879 187,441 1,932,911 22.8% 31.4% 57.4% 68.6% Feb-18 918,183 364,431 202,273 130,000 93,883 63,325 228,521 2,000,617 19.3% 25.8% 64.1% 74.2% Mar-18 850,442 605,732 226,262 153,925 101,949 81,211 256,603 2,276,123 19.3% 26.1% 64.0% 73.9% Apr-18 728,218 431,123 357,405 141,985 128,892 92,298 262,489 2,142,410 22.6% 29.2% 54.1% 70.8% May-18 800,862 278,160 230,641 173,663 65,732 85,795 274,780 1,909,633 22.3% 31.4% 56.5% 68.6% Jun-18 829,499 398,496 142,866 150,542 83,399 24,000 284,230 1,903,032 20.6% 28.5% 64.0% 71.5% Jul-18 825,768 467,637 202,262 79,734 107,817 62,825 248,128 1,994,172 21.0% 25.0% 64.9% 75.0% Aug-18 744,010 433,200 186,860 115,254 57,004 97,936 223,446 1,857,709 20.4% 26.6% 63.4% 73.4% Sep-18 955,278 421,905 184,118 119,636 73,755 32,360 289,966 2,077,017 19.1% 24.8% 66.3% 75.2% Private Pay Jan-17 378,651 715,855 672,310 579,835 291,172 268,113 849,216 3,755,152 37.5% 52.9% 29.1% 47.1% Feb-17 212,825 735,778 680,269 566,369 369,992 227,392 993,137 3,785,762 42.0% 57.0% 25.1% 43.0% Mar-17 207,429 818,142 650,915 465,170 213,260 184,089 733,800 3,272,806 34.6% 48.8% 31.3% 51.2% Apr-17 234,173 728,613 732,890 405,244 228,976 130,587 712,924 3,173,408 33.8% 46.6% 30.3% 53.4% May-17 406,278 825,708 693,512 558,308 322,621 175,216 947,319 3,928,962 36.8% 51.0% 31.4% 49.0% Jun-17 582,314 834,839 821,554 593,404 284,165 206,586 867,625 4,190,487 32.41/. 46.6% 33.8% 53.4% Jul-17 684,536 912,087 783,243 520,376 379,707 194,131 895,053 4,359,133 33.5% 45.4% 36.6% 54.6% Aug-17 574,739 882,335 874,001 576,522 391,238 245,816 945,931 4,490,582 35.3% 48.1% 32.4% 51.9% Sep-17 449,686 857,394 854,568 791,741 528,961 202,966 947,493 4,632,810 36.3% 53.3% 28.2% 46.7% Oct-17 569,246 632,369 815,047 738,124 560,519 370,300 910,087 4,595,692 40.1% 56.1% 26.1% 43.9% Nov-17 523,165 822,013 629,242 483,409 460,724 357,822 828,143 4,104,520 40.1% 51.9% 32.8% 48.1% Dec-17 343,800 810,531 819,598 643,519 410,192 299,042 1,065,630 4,392,313 40.4% 55.1% 26.3% 44.9% Jan-18 631,752 582,628 740,726 697,147 430,891 246,128 974,968 4,304,240 38.4% 54.6% 28.2% 45.4% Feb-18 666,740 841,468 570,272 730,699 594,017 247,510 982,712 4,633,419 39.4% 55.1% 32.6% 44.9% Mar-18 477,973 924,367 814,130 521,786 587,573 506,572 1,087,977 4,920,379 44.3% 55.0% 28.5% 45.0% Apr-18 561,647 744,232 785,526 776,098 479,755 424,871 1,116,085 4,888,213 41.3% 57.2% 26.7% 42.8% May-18 576,199 875,225 671,847 669,314 739,448 222,767 1,175,185 4,929,986 43.4% 56.9% 29.4% 43.1% Jun-18 480,707 817,645 789,785 648,370 589,705 269,300 1,080,836 4,676,348 41.5% 55.3% 27.8% 44.7% Jul-18 598,396 711,603 800,272 783,085 664,636 630,659 1,467,114 5,655,765 48.8% 62.7% 23.2% 37.3% Aug-18 819,007 814,307 723,135 808,794 793,828 613,075 1,607,033 6,179,179 48.8% 61.9% 26.4% 38.1% Sep-18 550,018 831,329 684,693 590,239 714,458 713,445 1,792,763 5,866,945 54.7% 64.8% 23.5% 35.2% -26- J:\2018\SEPTEMBER 2018\AR Monthly Analysis Board Packet - Sept 2018.XISX Memorial Medical Center Accounts Receivable Agings Aging 0-30 31-60 61-90 91-120 121-150 151-180 181-365 Total Gross %Over %Over % Under % Under 120 Days 90 Days 60 Days 90 Days All Insured Jan-17 4,182,549 754,096 428,610 402,794 185,305 85,329 210,443 6,249,126 7.7% 14.1% 79.0% 85.9% Feb-17 3,784,935 987,509 376,299 214,834 196,026 55,533 175,367 5,790,503 7.4% 11.1% 82.4% 88.9% Mar-17 3,566,410 1,089,047 528,420 239,384 84,617 99,309 239,424 5,846,611 7.2% 11.3% 79.67. 88.7% Apr-17 3,362,637 1,158,504 611,060 293,040 162,359 51,796 245,200 5,884,595 7.8% 12.8% 76.8% 87.2% May-17 3,257,878 886,181 392,404 233,555 109,945 54,255 203,911 5,138,130 7.291 11.7% 80.7% 88.3% Jun-17 3,386,734 919,175 349,298 149,696 160,141 60,549 140,490 5,166,084 7.0% 9.9% 83.3% 90.1% Jul-17 3,361,811 1,022,884 325,400 130,623 91,194 89,145 152,956 5,174,014 6.40% 9.0% 84.7% 91.0% Aug-17 2,864,351 1,368,523 476,171 248,319 86,567 53,477 177,446 5,274,853 6.0% 10.7% 80.2% 89.3% Sep-17 3,027,246 974,244 483,555 227,908 129,716 58,494 211,228 5,112,391 7.8% 12.3% 78.3% 87.7% Oct-17 3,381,655 815,395 494,510 339,935 165,757 79,670 228,132 5,505,055 8.6% 14.8% 76.2% 85.2% Nov-17 3,508,786 1,120,983 333,770 337,093 213,825 121,386 263,948 5,899,789 10.2% 15.9% 78.5% 84.194 Dec-17 3,025,355 966,345 510,013 313,713 258,095 123,645 257,011 5,454,177 11.7% 17.5% 73.2% 82.5% Jan-18 3,405,319 926,411 535,849 405,246 191,715 223,045 347,040 6,034,625 12.6% 19.3% 71.8% 80.7% Feb-18 3,738,047 929,843 396,693 218,928 211,439 107,424 403,066 6,005,442 12.0% 15.7% 77.7% 84.3% Mar-18 3,166,346 1,218,622 481,731 295,463 151,540 130,749 343,238 5,787,689 10.8% 15.9% 75.8% 84.1% Apr-18 3,411,636 1,052,937 703,399 327,258 216,729 120,472 371,881 6,204,312 11.4% 16.7% 72.0% 83.3% May-18 3,509,072 1,038,363 471,005 390,362 182,458 161,829 346,184 6,099,274 11.3% 17.7% 74.6% 82.3% Jun-18 3,368,499 885,993 490,060 272,069 192,533 68,104 373,559 5,650,917 11.2% 16.0% 75.3% 84.0% Jul -Is 3,301,873 928,639 463,893 190,456 194,371 112,412 340,645 5,532,288 11.7% 15.1% 76.5% 84.9% Aug-18 2,944,393 918,788 381,740 243,826 104,260 161,122 331,128 5,085,258 11.7% 16.5% 76.0% 83.5% Sep-18 3,355,359 950,706 357,622 197,449 158,098 62,687 400,096 5,482,017 11.3% 14.9% 78.5% 85.1% J:\2018\SEPTEMBER 2018\AR Monthly Analysis Board Packet - Sept 2018.xlsx 27 m ar m m dt/r o Slop m I tT 4l � e ti ■ o p St P C L O I dt4r o U I N Vim.. l f CO o !t p - m a o 0 0 0 0 0 E o 0 0 0 0 o m m a ry ■ 1 � V 9 1 1 ^ a S 1` t RT d'l. m I ' �ptj. 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N Gu z y Sl y� n I Sr 111,77 0 8 ^ v � a !s !r m !t m !ta ...... 0 0 0 0' o" o 0 0" g o o q o —20— Memorial Medical Clinics Accounts Receivable Agings Aging 0-30 31-60 61-90 91-120 121-150 151-180 181-365 1 Total Gross % Over I % Over %Under%Under 120 Days 90 Days 1 60 Days 90 Days Jan-17 Total 177,845 45,939 57,264 45,917 21,902 27,580 314,021 690,468 52.6% 59.3% 32.4% 40.7% Feb-17 269,462 85,013 35,008 53,331 19,610 21,687 292,038 776,148 42.9% 49.8% 45.7% 50.2% Mar-17 175,914 125,935 47,390 31,997 37,612 18,716 273,709 711,273 46.4% 50.9% 42.491 49.1% Apr-17 145,546 93,733 96,893 37,133 28,917 26,811 267,720 696,755 46.4% 51.8% 34.3% 48.2% May-17 175,689 51,363 53,860 69,077 10,774 12,250 319,039 692,052 49.4% 59.4% 32.8% 40.6% Jun-17 204,495 59,325 28,792 31,725 50,647 17,575 268,259 660,818 50.9% 55.7% 39.9% 44.3% Jul-17 188,913 77,816 36,857 18,734 8,625 29,129 142,000 502,074 35.8% 39.5% 53.1% 60.5% Aug-17 243,288 83,211 44,944 29,131 14,703 8,905 162,924 587,105 31.8% 36.7% 55.6% 63.3% Sep-17 271,781 60,841 37,973 28,154 15,045 13,523 126,132 553,448 28.0% 33.0% 60.1% 67.0% Oct-17 330,823 88,758 32,676 25,290 20,469 12,114 43,176 553,306 13.7% 18.3% 75.8% 81.7% Nov-17 437,677 45,544 17,584 20,989 18,453 11,121 43,214 594,582 12.2% 15.8% 81.3% 84.2% Dec-17 508,569 32,492 10,313 12,134 4,096 (512) (2,879) 564,212 0.1% 2.3% 95.9% 97.7% Jan-18 489,483 12,415 9,784 10,329 1,798 1,725 (7,453) 518,080 -0.8% 1.2% 96.9% 98.8% Feb-18 662,437 8,542 9,431 10,058 1,294 1,988 (4,032) 689,718 -0.1% 1.3% 97.3% 98.79' Mar-18 339,013 88,982 60,831 26,105 32,849 57,084 38,388 643,253 19.9% 24.0% 66.5% 76.0% Apr-18 222,485 52,817 36,604 15,031 11,116 16,556 254,242 608,851 46.3% 48.8% 45.2% 51.2% May-18 335,753 113,813 52,167 36,240 43,889 6,351 61,873 650,086 17.2% 22.8% 69.2% 77.2% Jun-18 294,657 107,410 73,653 33,359 29,030 39,443 50,232 627,784 18.9% 24.2% 64.0% 75.8% Jul-18 260,163 99,274 70,500 57,360 31,081 26,238 71,943 616,559 21.0% 30.3% 58.3% 69.7% Aug-18 280,996 77,067 69,401 61,815 55,394 27,360 86,595 658,628 25.7% 35.1% 54.4% 64.9% Sep-18 248,325 86,054 66,173 69,908 57,434 52,914 112,080 692,889 32.1% 42.2% 48.3% 57.8% Jan-17 Medicare 17,840 1,017 1,820 599 324 (365) (3,056) 18,179 -17.0% --4.7% 103.3% 104.7% Feb-17 42,441 1,388 1,009 1,100 309 374 (3,794) 42,828 -7.3% -4.6% 102.3% 104.7% Mar-17 23,433 1,151 - 225 433 30 (528) 24,744 -0.3% 0.8% Apr-17 16,507 6,599 720 65 488 105 5,592 30,076 20.6% 20.8% 76.4% 76.8% 79.2% 79.2% May-17 56,671 9,259 12,170 5,862 2,646 (377) 31,594 117,824 28.7% 33.7% 56.0% 66.3% Jun-17 17,406 4,659 582 (74) 515 30 (171) 22,948 1.6% 1.3% 96.291 98.7% Jul-17 30,481 6,143 6,327 299 (530) 9,116 322 52,157 17.1% 17.7% 70.2% 82.3% Aug-17 42,603 (3,362) 4,250 3,536 - (520) 9,747 56,255 16.4% 22.7% 69.8% 77.3% Sep-17 78,674 2,048 6,124 3,316 436 - 796 91,393 1.3% 5.0% 88.3% 95.0% Oct-17 87,459 6,941 1,143 333 3,264 522 - 556 100,216 4.3% 4.7% 94.2% 95.3% Nov-17 67,989 3,233 1,108 - 1,840 86 - 74,256 2.6% 2.6% 95.9% 97.49' Dec-17 67,807 2,700 240 - 774 - - 71,521 1.1% 1.1% 98.6% 98.9% Jan-18 84,984 1,657 291 161 (463) 86,630 -0.3% -0.3% 100.0% 100.3% Feb-18 37,789 246 90 16 - 161 (730) 37,573 -1.5% -1.5% 101.2% 101.5% Mar-18 46,304 1,787 828 5 8,097 120 1,009 58,151 15.9% 15.9% 82.7% 84.1% Apr-18 40,887 3,659 1,592 507 5 7,751 23,694 78,096 40.3% 46.9% 57.0% 59.1% May-18 39,279 6,412 656 1,119 362 (75) 8,674 56,426 15.9% 17.9% 81.0% 82.1% Jun -IS 59,720 9,066 9,481 408 1,335 80 (783) 79,307 0.8% 13% 86.7% 98.7% Jul-18 68,106 6,286 6,798 4,141 70 819 (970) 85,251 -0.1% 4.8% 87.3% 95.2% Aug-18 44,236 8,677 3,402 7,413 3,187 190 (43) 67,062 5.0% 16.0% 78.9% 84.0% Sep-18 58,061 3,515 8,218 3,402 7,413 1,532 200 82,341 11.1% 15.2% 74.8% 84.8% -29- J.\2018\SEPTEMBER 2018\AR Monthly Analysis Board Packet- Sept 2018.xlsx Memorial Medical Clinics Accounts Receivable Agings Aging 0-30 31-60 61-90 91-120 121-150 151-I80 I81-365 1 Tofal Gross %Over %Over %Under %Under 120 Days 90 Days 60 Days 90 Days Jan-17 Medicaid 16,626 7,325 20,563 4,089 3,625 7,674 6,218 66,121 26.5% 32.7% 36.2% 67.3% Feb-17 33,792 16,271 7,698 17,132 3,292 2,726 9,970 90,881 17.6% 36.4% 55.1% 63.6% Mar-17 15,543 24,656 14,061 7,046 13,156 1,628 7,185 83,275 26.4% 34.8% 48.39' 65.2% Apr-17 15,411 7,112 15,772 2,064 7,585 10,130 6,631 64,706 37.6% 40.8% 34.8% 59.2% May-17 29,694 4,108 7,185 15,492 (341) (1,957) 50,166 104,346 45.9% 60.7% 32.4% 39.3% Jun-17 32,250 14,432 2,459 3,319 7,103 1,228 8,261 69,052 24.0% 28.8% 67.6% 71.2% Jul-17 16,967 16,640 1,653 1,540 321 1,232 6,658 45,010 18.2% 21.7% 74.7% 783% Aug-17 14,853 13,914 7,701 1,638 1,068 276 7,512 46,962 18.9% 22.3% 61.3% 77.7% Sep-17 13,962 3,929 3,406 3,958 1,262 528 7,584 34,630 27.1% 38.5% 51.7% 61.5% Oct-17 12,610 12,669 3,790 3,515 2,313 443 3,044 38,384 15.1% 24.3% 65.9% 75.7% Nov-17 19,742 11,275 1,347 3,384 2,069 443 2,968 41,228 13.3% 21.5% 75.2% 78.5% Dec-17 33,129 10,491 1,094 3,023 2,069 443 2,657 52,906 9.8% 15.5% 82.4% 84.5% Jan-18 52,500 1,795 1,074 1,817 674 443 (84) 58,218 1.8% 4.9% 93.3% 95.1% Feb-18 180,174 2,576 2,454 2,616 108 268 (603) 187,593 -0.1% 1.3% 97.4% 98.7% Mar-18 41,100 22,475 11,937 3,830 3,377 4,997 8,406 96,123 17.5% 21.4% 66.1% 78.6% Apr-18 52,892 18,629 21,433 7,968 1,786 3,337 19,807 125,852 19.8% 26.1% 56.8% 73.9% May-18 62,491 36,104 12,462 18,326 5,192 1,231 10,369 146,176 11.5% 24.0% 67.4% 76.0% Jun-18 49,771 38,609 16,595 8,765 16,308 3,990 2,867 136,906 16.9% 23.3% 64.6% 76.7% Jul-18 37,712 27,135 28,797 15,558 8,267 14,650 5,291 137,408 20.5% 31.9% 47.2% 68.1% Aug-18 46,844 27,268 25,800 24,544 15,418 8,187 16,598 164,658 24.4% 39.3% 45.0% 60.7% Sep-18 50,254 17,527 26,074 24,043 22,082 14,486 23,673 178,138 33.8% 47.3% 38.0% 52.7% Jan-17 BCBS 15,036 526 1,947 90 (181) 6,476 (11,195) 12,699 -38.6% -37.9% 122.5% 137.9% Feb-17 6,660 15,105 (326) 2,308 - (394) (5,372) 17,981 -32.1% -19.2% 121.0% 119.2% Mar-17 2,789 4,112 12,515 (733) 2,488 120 (1,286) 20,006 6.6% 2.9% 34.5% 97.1% Apr-17 2,554 199 3,959 13,683 2,549 647 6,340 29,831 32.0% 77.8% 9.2% 22.2% May-17 5,405 2,973 2,279 8,019 8,845 8,153 54,823 90,498 79.4% 88.2% 9.3% 11.8% Jun-17 20,029 (4,508) 1,641 (268) (24) 9,755 (1,972) 24,653 31.5% 30.491 63.0% 69.6% Jul-17 11,144 986 512 828 (268) 3,465 11,756) 14,911 9.7% 15.2% 91.3% 84.8% Aug-17 20,935 660 121 438 882 - (1,639) 21,396 -3.5% -1.5% 100.9% 101.5% Sep-17 37,143 934 - (751) - 984 - 38,310 2.6% 0.6% 99.4% 99.49' Oct-17 32,005 2,293 112 - 161 - - 34,570 0.5% 0.5% 99.2% 99.5% Nov-17 57,757 622 88 - - - 58,467 0.0% 0.0% 99.8% 100.0% Dec-17 58,955 582 48 (24) - - (1,826) 57,735 -3.2% -3.2% 103.1% 200.0% Jan-18 50,641 - 48 (24) - - (1,856) 48,808 -3.8% -3.9% 103.8% 103.9% Feb-18 85,189 - - (24) - 235 (1,856) 83,544 -1.9% -2.0% 102.0% 102.0% Mar-18 43,110 1,026 1,940 1,161 15,789 3,190 (1,710) 64,507 26.8% 28.6% 68.4% 71.4% Apr-18 20,032 1,918 883 759 1,077 3,434 33,269 61,372 61.6% 62.891 35.8% 37.2% May-18 46,176 2,168 1,308 129 51 1,280 1,140 52,251 4.7% 5.0% 92.5% 95.0% Jun-18 35,387 5,243 145 802 129 (55) 1,140 42,791 2.8% 4.7% 95.0% 95.3% Jul-18 23,376 10,826 761 183 24 - 990 36,159 2.8% 3.3% 94.6% 96.7% Aug-18 33,724 3,099 6,214 879 53 24 1,494 45,487 3.5% 5.4% 81.0% 94.6% . Sep-18 16,832 3,834 3,058 5,481 (40) 53 1,702 30,921 5.5% 23.3% 66.8% 76.7% -30- J:\2018\SEPTEMBER 2018\AR Monthly Analysis Board Packet -Sept 2018.xlsx Memorial Medical Clinics Accounts Receivable Agings Aging 0-30 31-60 I 61-90 91-120 121-150 151-180 181-365 1 Total Grass I %Over %Over %Under%Under 120 Days 90 Days 60 Days 90 Days Jan-17 Commercial 45,282 6,706 13,671 3,579 5,265 9,645 18,586 102,734 32.6% 36.1% 50.6% 63.9% Feb-17 53,630 13,122 4,215 16,080 3,342 8,519 13,977 112,884 22.9% 37.1% 59.1% 62.9% Mar-17 61,118 42,365 4,785 2,228 5,522 3,111 1,749 120,878 8.6% 10.491 85.6% 89.6% Apt-17 26,405 37,256 25,653 5,173 (2,7681 3,190 (13,490) 81,418 -16.1% -9.7% 78.2% 109.7% May-17 5,066 2,181 12,858 16,131 (7,987) (2,8791 (21,296) 4,074 -789.5% -393.5% 177.9% 493.5% Jun-17 111,604 31,936 11,222 12,838 16,527 353 (555) 183,925 8.9% 15.9% 78.0% 84.1% Jul-17 104,116 29,081 6,553 4,327 224 3,687 (457) 147,532 2.3% 5.3% 90.3% 94.7% Aug-17 126,645 39,727 8,364 6,807 1,778 126 (1,269) 182,177 0.3% 4.1% 91.3% 95.9% Sep-17 124,179 39,183 12,093 2,047 1,173 932 2,381 181,989 2.5% 3.6% 89.8% 96.4% Oct-17 168,711 48,813 13,956 9,875 677 910 2,813 245,755 1.8% 5.8% 88.5% 94.2% Nov-17 236,703 15,336 5,680 8,157 324 450 2,438 269,088 1.2% 4,29' 93.7% 95.8% Dec-17 266,196 9,379 2,670 2,715 196 (242) (4,489) 276,424 -1.6% -0.7% 99.7% 100.7% Jan-18 235,748 2,981 1,877 2,438 92 1,736 (3,990) 240,882 -0.9% 0.1% 99.1% 99.9% Feb-18 206,928 (201) 397 1,458 - 1,836 (3,675) 206,743 -0.9% -0.2% 100.0% 100.2% Mar-18 129,401 43,274 4,835 23,519 8,778 29,821 8,404 248,033 19.0% 28.4% 69.6% 71.6% Apr-18 20,869 (7,062) 6,843 (25,374) 8,806 5,402 142,580 152,063 103.1% 86.4% 9.1% 13.6% May-18 120,047 41,619 14,041 8,497 3,521 4,324 5,315 197,364 6.7% 11.0% 81.9% 89.0% Jun-18 107,317 33,964 16,185 11,405 6,213 3,117 6,947 185,149 8.8% 15.0% 76.3% 85.0% lui-18 96,918 36,921 18,582 15,670 10,230 6,428 6,741 191,490 12.2% 20.491 69.9% 79.6% Aug-18 120,715 19,719 19,916 16,106 14,816 7,363 7,198 205,834 14.3% 22.1% 68.2% 77.9% Sep-18 79,477 35,827 14,332 18,938 15,622 14,313 13,691 192,201 22.7% 32.6% 60.0% 67.4% Jan-17 Private Pay 83,062 30,364 19,264 37,560 12,870 4,148 303,467 490,736 65.3% 73.0% 23.1% 27.0% Feb-17 132,939 39,126 22,413 16,711 12,657 10,462 277,256 511,573 58.7% 62.0% 33.6% 38.0% Mar-17 73,030 53,651 16,030 23,231 16,012 13,827 266,590 462,371 64.1% 69.1% 27.4% 30.9% Apr-17 84,668 42,568 50,889 16,150 21,063 12,740 262,647 490,725 60.4% 63.7% 25.9% 36.3% May-17 78,853 32,843 19,367 23,572 7,613 9,310 203,753 375,311 58.8% 65.1% 29.8% 34.9% Jun-17 23,206 12,806 12,888 15,911 26,526 6,209 262,695 360,240 82.0% 86.4% 10.0% 13.65/ Jul-17 26,206 24,966 21,813 11,740 8,878 11,629 137,233 242,465 65.1% 69.9% 21.1% 30.1% Aug-17 38,252 32,271 24,509 16,712 10,975 9,022 148,573 280,314 60.1% 66.1% 25.2% 33.9% Sep-17 17,824 14,747 16,351 19,582 12,173 11,078 115,372 207,126 66.9% 76.4% 15.7% 23.6% Oct-17 30,039 18,043 13,676 11,567 14,054 10,239 36,763 134,381 45.4% 54.0% 35.8% 46.09' Nov-17 55,486 15,077 9,361 9,448 14,220 10,143 37,808 151,543 41.0% 47.3% 46.6% 52.7% Dec-17 82,482 9,340 6,261 6,420 1,057 (712) 779 105,626 1.1% 7.1% 86.9% 92.9% Jan-18 65,611 5,982 6,493 6,098 1,032 (615) (1,060) 83,541 -0.8% 6.5% 85.7% 93.5% Feb-18 152,357 5,922 6,490 5,992 1,186 (513) 2,832 174,264 2.0% 5.4% 90.8% 94.6% Mar-18 79,096 20,420 41,290 (2,410) (3,192) 18,956 22,278 176,437 21.6% 20.2% 56.49' 79.8% Apr-18 87,804 35,673 5,853 31,171 (557) (3,368) 34,890 191,467 16.2% 32.5% 64.5% 67.5% May-18 67,759 27,510 23,701 8,169 34,763 (409) 36,375 197,868 35.7% 39.9% 48.1% 60.1% Jun-18 42,461 20,528 31,246 11,979 5,045 32,310 40,062 183,631 42.2% 48.7% 34.3% 51.3% Jul-18 34,052 18,106 15,562 21,808 12,490 4,341 59,892 166,251 46.1% 59.3% 31.49' 40.7% Aug-18 35,477 18,304 14,070 12,874 21,920 11,595 61,348 175,588 54.0% 61.4% 30.5% 38.6% Sep-18 43,701 25,352 14,491 18,044 12,357 22,530 72,814 209,289 51.5% 60.1% 33.0% 39.9% -31- J:\2018\SEPTEMBER 2018\Aft Monthly Analysis Board Packet -Sept 2018.xisx Memorial Medical Clinics Accounts Receivable Agings 0-30 31-60 61-90 91-120 121-150 15TI80 181-365 Total Gross % Over %Over % Under %Under Aging 1 1 1 1 120 Days I 90 Days 60 Days 90 Days All Insured Jan-17 94,783 15,574 38,000 8,357 9,032 23,432 10,554 199,732 21.5% 25.7% 55.3% 74.3% Eeb-17 136,523 45,887 12,595 36,620 6,943 11,224 14,783 264,575 12.5% 26.3% 68.9% 73.7% Mar-17 102,884 72,284 31,360 8,765 21,600 4,889 7,119 248,902 13.5% 17.0% 70.4% 83.054 Apr-17 60,878 51,165 46,004 20,984 7,854 14,072 5,073 206,030 13.1% 23.3% 54.4% 76.7% May-17 96,836 18,520 34,492 45,505 3,162 2,940 115,286 316,741 38.3% 52.7% 36.4% 47.3% Jun-17 181,289 46,519 15,904 15,814 24,121 11,366 5,564 300,577 13.7% 18.9% 75.8% 81.1% Jul-17 162,707 52,850 15,044 6,994 (253) 17,500 4,767 259,609 8.5% 11.2% 83.0% 88.8% Aug-17 205,036 50,940 20,435 12,419 3,727 (117) 14,351 306,791 5.9% 9.9% 83.4% 90.1% Sep-17 253,958 46,094 21,623 8,571 2,872 2,445 10,760 345,322. 4.6% 7.19' 86.6% 92.9% Oct-17 300,784 70,716 19,001 13,723 6,414 1,875 6,412 418,925 3.5% 6.8% 88.7% 93.2% Nov-17 382,191 30,466 8,223 11,542 4,233 978 5,406 443,039 2.4% 5.0% 93.1% 95.0% Dec-17 426,087 23,152 4,052 5,714 3,039 200 (3,658) 458,586 -0.1% 1.2% 98.0% 98.8% Jan-18 423,872 6,433 3,291 4,231 766 2,340 (6,394) 434,538 -0.8% 0.29/ 99.0% 99.8% -32- J:\2018\SEPTEMBER 2018\AR Monthly Analysis Board Packet -Sept 2018.xlsx MEMORIAL MEDICAL CENTER CHECK REGISTER: SEPTEMBER 1, 2018 - SEPTEMBER 30, 2018 A/P 997 9/12/2019 2,702.07 MCKESSON A/P 998 9/12/2018 2,532.83 MCKESSON A/P 999 9/19/2018 2,603.75 MCKESSON A/P 1000 9/26/2018 3,121.95 MCKESSON A/P 175042 9/26/2018 9,682.92 MORRIS AND DICKSON A/P 175045 9/26/2018 4,058.84 OWENS&MINOR A/P 177234 9/5/2018 23.16 ABBOTT NUTRITION A/P 177235 9/5/2018 32.15 ACE HARDWARE 15521 A/P 177236 9/5/2018 1,930.80 AIRESPRING INC A/P 177237 9/5/2018 174.84 AIRGAS USA, LLC-CENTRAL DIV A/P 177238 9/5/2018 33,553.89 ALLIED BENEFIT SYSTEMS A/P 177239 9/5/2018 11,518.26 ALLSTATE A/P 177240 9/5/2018 111.11 AMBU INC A/P 177241 9/5/2018 593.82 APPLETON MEDICAL SERVICES INC A/P 177242 9/5/2018 47.94 AQUA BEVERAGE COMPANY A/P 177243 9/5/2018 526.3 ARGON MEDICAL DEVICES A/P 177244 9/5/2018 249.89 AUTO PARTS & MACHINE CO. A/P 177245 9/5/2018 2,774.00 AYA HEALTHCARE INC A/P 177246 9/5/2018 4,233.46 BECKMAN COULTER INC A/P 177247 9/5/2018 212.95 BEEKLEY MEDICAL A/P 177248 9/5/2018 700 BELFOR USA GROUP, INC A/P 177249 9/5/2018 509.7 BOSART LOCK & KEY INC A/P 177250 9/5/2018 1,300.25 BROADMOOR AT CREEKSIDE PARK A/P 177251 9/5/2018 183.6 BROOKHOLLOW A/P 177252 9/5/2018 1,655.47 CABLE ONE A/P 177253 9/5/2018 250 CALHOUN SPORTS MEDICINE A/P 177254 9/5/2018 2,108.30 CDW GOVERNMENT, INC. A/P 177255 9/5/2018 187 CITIZENS MEDICAL CENTER A/P 177256 9/5/2018 215.17 CITY OF PORT LAVACA A/P 177257 9/5/2018 909.74 COASTAL OFFICE SOLUTONS A/P 177258 9/5/2018 1,630.10 COMBINED INSURANCE A/P 177259 9/5/2018 274.22 COOPER SURGICAL INC A/P 177260 9/5/2018 2,500.00 DA&E A/P 177261 9/5/2018 2,870.12 DEWITT POTH & SON A/P 177262 9/5/2018 39,504.50 EMERGENCY STAFFING SOLUTIONS A/P 177263 9/5/2018 14,137.97 EVIDENT A/P 177264 9/5/2018 14.03 FASTENAL COMPANY A/P 177265 9/5/2018 548 FDA-MQSA PROGRAM A/P 177266 9/S/2018 51.84 FEDERAL EXPRESS CORP. A/P 177267 9/5/2018 56.02 FILTER TECHNOLOGY CO, INC A/P 177268 9/S/2018 75 FIRST CLEARING A/P 177269 9/5/2018 1,029.52 FISHER HEALTHCARE A/P 177270 9/5/2018 590.97 FRONTIER A/P 177271 9/5/2018 2,008.80 GOLDENCREEK HEALTHCARE A/P 177272 9/5/2018 400 GRAINGER A/P 177273 9/5/2018 224.49 GRAPHIC CONTROLS LLC A/P 177274 9/5/2018 171.28 GULF COAST PAPER COMPANY A/P 177275 9/5/2018 2501TERSOURCE CORPORATION A/P 177276 9/5/2018 90 A/P 177277 9/5/2018 1,226.30 LEGAL SHIELD A/P 177278 9/5/2018 1,165.00 M G TRUST A/P 177279 9/5/2018 1,049.00 MASA A/P 177280 9/5/2018 690.86 MEDIVATORS A/P 177281 9/5/2018 60 MEMORIAL MEDICAL CLINIC -33- A/P 177282 9/5/2018 A/P 177283 9/5/2018 A/P 177284 9/5/2018 A/P 177285 9/5/2018 A/P 177286 9/5/2018 A/P 177287 9/5/2018 A/P 177288 9/5/2018 A/P 177289 9/5/2018 A/P 177290 9/5/2018 A/P 177291 9/5/2018 A/P 177292 9/5/2018 A/P 177293 9/5/2018 A/P 177294 9/5/2018 A/P 177295 9/5/2018 A/P 177296 9/5/2018 A/P 177297 9/5/2018 A/P 177298 9/5/2018 A/P 177299 9/5/2018 A/P 177300 9/5/2018 A/P 177301 9/5/2018 A/P 177302 9/5/2018 A/P 177303 9/5/2018 A/P 177304 9/5/2018 A/P 177305 9/5/2018 A/P 177306 9/5/2018 A/P 177307 9/5/2018 A/P 177308 9/5/2018 A/P 177309 9/5/2018 A/P 177310 9/5/2018 A/P 177311 9/5/2018 A/P 177312 9/5/2018 A/P 177313 9/5/2018 A/P 177314 9/5/2018 A/P 177315 9/5/2018 A/P 177316 9/5/2018 A/P 177317 9/5/2018 A/P 177318 9/5/2018 A/P 177319 9/5/2018 A/P 177320 9/5/2018 A/P 177321 9/5/2018 A/P 177322 9/5/2018 A/P 177323 9/5/2018 A/P 177324 9/5/2018 A/P 177325 9/5/2018 A/P 177326 9/5/2018 A/P 177327 9/5/2018 A/P 177328 9/5/2018 A/P 177329 9/5/2018 A/P 177330 9/5/2018 A/P 177331 9/5/2018 A/P 177332 9/5/2018 A/P 177333 9/5/2018 A/P 177334 9/5/2018 A/P 177335 9/5/2018 A/P 177336 9/5/2018 A/P 177337 9/5/2018 A/P 177338 9/5/2018 131.52 METLIFE 92.03 MMC AUXILIARY GIFT SHOP 31,567.21 MMC EMPLOYEE BENEFIT PLAN 1,369.88 MOMENTUM RENTAL & SALES 0 VOIDED 3,922.78 MORRIS & DICKSON CO, LLC 1,552.30 OWENS & MINOR 10,634.77 PAETEC (WINDSTREAM) 53.55 POSITIVE PROMOTIONS 30.28 POWER HARDWARE 1,496.93 PRINCIPAL LIFE 3,292.00 RADSOURCE 4,050.00 RECONDO 89.94 RESPIRONICS, INC. 240 REVISTA de VICTORIA 6,761.69 RICOH USA, INC. 7 ROBERT RODRIGUEZ 87.29 IRS CLARK & ASSOCIATES, INC 432.51 SAM'S CLUB DIRECT 198.58 SARA RUBIO 109.73 SERVICE SUPPLY OF VICTORIA INC 400 SIGN AD, LTD. 854.28 SMITH & NEPHEW 7,050.00 SOLERA WEST HOUSTON 3,961.00 SOUTH TEXAS BLOOD & TISSUE CEN 385 STANFORD VACUUM SERVICE 52.09 TALX CORPORATION 3,690.52 TEXAS ADVANTAGE COMMUNITY BANK 32,375,00 THE CRESCENT 1,955.10 THERACOM, LLC 40,109.00 THYSSENKRUPP ELEVATOR CORP 31,546.75 TXU ENERGY 1,633.08 UNIFIRST HOLDINGS INC 1,142.46 UNIFORM ADVANTAGE 332.32 URESIL 2,521.64 WAGEWORKS 1,591.45 WATERMARK GRAPHICS INC 1,571.67 WERFEN USA LLC 968 WEST COAST MEDICAL RESOURCES 397.12 1,631.33 AETNA INC a0n:q� APTnin Wr -34- A/P 177339 9/5/2018 A/P 177340 9/5/2018 A/P 177341 9/5/2018 A/P 177342 9/5/2018 A/P 177343 9/5/2018 A/P 177344 9/5/2018 A/P 177345 9/5/2018 A/P 177346 9/5/2018 A/P 177347 9/5/2018 A/P 177348 9/5/2018 A/P 177349 9/5/2018 A/P 177350 9/5/2018 A/P 177351 9/5/2018 A/P 177352 9/5/2018 A/P 177353 9/5/2018 A/P 177354 9/5/2018 A/P 17735S 9/5/2018 A/P 177356 9/5/2018 A/P 177357 9/5/2018 A/P 177358 9/5/2018 A/P 177359 9/5/2018 A/P 177360 9/5/2018 A/P 177361 9/5/2018 A/P 177362 9/5/2018 A/P 177363 9/5/2018 A/P 177364 9/5/2018 A/P 177365 9/5/2018 A/P 177366 9/5/2018 A/P 177367 9/5/2018 A/P 177368 9/5/2018 A/P 177369 9/5/2018 A/P 177370 9/5/2018 A/P 177371 9/5/2018 A/P 177372 9/5/2018 A/P 177373 9/5/2018 A/P 177374 9/5/2018 A/P 177375 9/5/2018 A/P 177376 9/5/2018 A/P 177377 9/5/2018 A/P 177378 9/5/2018 A/P 177379 9/5/2018 A/P 177380 9/5/2018 A/P 177381 9/5/2018 A/P 177382 9/5/2018 A/P 177383 9/5/2018 A/P 177384 9/5/2018 A/P 177385 9/5/2018 A/P 177386 9/5/2018 A/P 177387 9/5/2018 A/P 177388 9/5/2018 A/P 177389 9/5/2018 A/P 177390 9/5/2018 A/P 177391 9/5/2018 A/P 177392 9/5/2018 A/P 177393 9/5/2018 A/P 177394 9/5/2018 A/P 177395 9/5/2018 2 1 2 3 1 1 CSC al WPATIAIr M ITn CRM IP -35- A/P 177396 9/5/2018 A/P 177397 9/5/2018 A/P 177398 9/5/2018 A/P 177399 9/5/2018 A/P 177400 9/5/2018 A/P 177401 9/5/2018 A/P 177402 9/5/2018 A/P 177403 9/5/2018 A/P 177404 9/5/2018 A/P 177405 9/5/2018 A/P 177406 9/5/2018 A/P 177407 9/12/2018 A/P 177408 9/12/2018 A/P 177409 9/12/2018 A/P 177410 9/12/2018 A/P 177411 9/12/2018 A/P 177412 9/12/2018 A/P 177413 9/12/2018 A/P 177414 9/12/2018 A/P 177415 9/12/2018 A/P 177416 9/12/2018 A/P 177417 9/12/2018 A/P 177418 9/12/2018 A/P 177419 9/12/2018 A/P 177420 9/12/2018 A/P 177421 9/12/2018 A/P 177422 9/12/2018 A/P 177423 9/12/2018 A/P 177424 9/12/2018 A/P 177425 9/12/2018 A/P 177426 9/12/2018 A/P 177427 9/12/2018 A/P 177428 9/12/2018 A/P 177429 9/12/2018 A/P 177430 9/12/2018 A/P 177431 9/12/2018 A/P 177432 9/12/2018 A/P 177433 9/12/2018 A/P 177434 9/12/2018 A/P 177435 9/12/2018 A/P 177436 9/12/2018 A/P 177437 9/12/2018 A/P 177438 9/12/2018 A/P 177439 9/12/2018 A/P 177440 9/12/2018 A/P 177441 9/12/2018 A/P 177442 9/12/2018 A/P 177443 9/12/2018 A/P 177444 9/12/2018 A/P 177445 9/12/2018 A/P 177446 9/12/2018 A/P 177447 9/12/2018 A/P 177448 9/12/2018 A/P 177449 9/12/2018 A/P 177450 9/12/2018 A/P 177451 9/12/2018 A/P 177529 9/19/2018 1, 30.3 ROSHANDATHOMAS 100 LAURA PESINA 11.58 ABBOTT NUTRITION 41.77 ACE HARDWARE 15521 42.01 AIRGAS USA, LLC - CENTRAL DIV 86.56 AHMED INC. 27.36 AMERISOURCEBERGEN DRUG CORP 6,017.90 BAXTER HEALTHCARE 462.91 CARDINAL HEALTH 414,LLC 182.4 CAREFUSION 240 CHRIS KOVAREK 153 CITIZENS MEDICAL CENTER 919.79 CONMED CORPORATION 206.37 DEWITT POTH & SON 143,421.73 DISCOVERY MEDICAL NETWORK INC 76.14 DYNATRONICS CORPORATION 495 FASTHEALTH CORPORATION 3,163.52 FISHER HEALTHCARE 55.95 FORTBEND HEALTHCARE CENTER 79,995.65 GOLDENCREEK HEALTHCARE 543.03 GULF COAST PAPER COMPANY 1,321.10 IANTECH, INC 1,598.49 J & J HEALTH CARE SYSTEMS, INC 105.73 M.C. JOHNSON COMPANY INC 134 MARTIN PRINTING CO 3,060.01 MCKESSON MEDICAL SURGICAL INC 44,71 MEDIMPACT HEALTHCARE SYS, INC. 0 VOIDED 7,086.85 MEDLINE INDUSTRIES INC 475.4 MORRIS & DICKSON CO, LLC 65.54 OFFICE DEPOT 118.37 OLYMPUSAMERICA INC 718.58 ORTHO CLINICAL DIAGNOSTICS 1,650.00 PABLO GARZA 343.92 PRECISION DYNAMICS CORP (PDC) 1,482.15 GJAGEN INC 273.13 SHIRLEY KARNEI 332.48 SMITHS MEDICAL ASO INC 402.85 STRYKER SUSTAINABILITY 1,942.04 TEXAS ASSOCIATION OF COUNTIES 6,324.00 TEXAS HOSPITAL ASSOCIATION 3,013.12 UNIFIRST HOLDINGS INC 392.13 UNITED RENTALS (NORTH AMERICA) 4,168.32 WERFEN USA LLC 260 CALHOUN COUNTY INDIGENT ACCOUN 6,560.39 CITY OF PORT LAVACA 2,200.00 US POSTAL SERVICE 165.34 41MPRINT, INC. -36- A/P 177530 9/19/2018 265.86 ACE HARDWARE 15521 A/P 177531 9/19/2018 2,119.67 AIRGAS USA, LLC - CENTRAL DIV A/P 177532 9/19/2018 1,706.70 ALCON LABORATORIES, INC. A/P 177533 9/19/2018 1,449.00 AMERICAN APPLIANCE A/P 177534 9/19/2018 112.17 AMERISOURCEBERGEN DRUG CORP A/P 177535 9/19/2018 166.37 AUTO PARTS & MACHINE CO. A/P 177536 9/19/2018 2,263.00 AYA HEALTHCARE INC A/P 177537 9/19/2018 47,962.09 BKD, LLP A/P 177538 9/19/2018 209.51 CALHOUN COUNTY A/P 177539 9/19/2018 250 CALHOUN COUNTY FAIR ASSOC. A/P 177540 9/19/2018 808.89 CARDINAL HEALTH 414,LLC A/P 177541 9/19/2018 95.41 CAREFUSION A/P 177542 9/19/2018 60 CASE MANAGEMENT INNOVATIONS A/P 177543 9/19/2018 1,418.51 CDW GOVERNMENT, INC. A/P 177544 9/19/2018 41.38 CENTERPOINT ENERGY A/P 177545 9/19/2018 700.37 CFI MECHANICAL INC A/P 177546 9/19/2018 774.22 DEWITT POTH & SON A/P 177547 9/19/2018 50,311.25 DIAMOND HEALTHCARE CORP A/P 177548 9/19/2018 604.35 DUTCH OPHTHALMIC USA A/P 177549 9/19/2018 155.02 ERBE USA INC SURGICAL SYSTEMS A/P 177550 9/19/2018 30.3 ERIN CLEVENGER A/P 177551 9/19/2018 279.69 FEDERAL EXPRESS CORP. A/P 177552 9/19/2018 75 FIRST CLEARING A/P 177553 9/19/2018 5,650.28 FISHER HEALTHCARE A/P 177554 9/19/2018 7,578.88 GOLDENCREEK HEALTHCARE A/P 177555 9/19/2018 277 GRAINGER A/P 177556 9/19/2018 1,013.74 GULF COAST PAPER COMPANY A/P 177557 9/19/2018 11.25 HOSPIRA WORLDWIDE, INC A/P 177558 9/19/2018 24,086.50 ITA RESOURCES INC A/P 177559 9/19/2018 275 K & M SPORTS A/P 177560 9/19/2018 100 KN0WLEDGEC0NNEX, LLC A/P 177561 9/19/2018 49.8 LOWE'S HOME CENTERS INC A/P 177562 9/19/2018 1,045.00 M G TRUST A/P 177563 9/19/2018 462.45 MARTIN PRINTING CO A/P 177564 9/19/2018 465.04 MCKESSON MEDICAL SURGICAL INC A/P 177565 9/19/2018 2,729.35 MEDICAL DATA SYSTEMS, INC. A/P 177566 9/19/2018 170.98 MEDIMPACT HEALTHCARE SYS, INC. A/P 177567 9/19/2018 0 VOIDED A/P 177568 9/19/2018 0 VOIDED A/P 177569 9/19/2018 0 VOIDED A/P 177570 9/19/2018 9,247.49 MEDLINE INDUSTRIES INC A/P 177571 9/19/2018 240 MEMORIAL MEDICAL CLINIC A/P 177572 9/19/2018 477.85 MICHAEL PFIEL A/P 177573 9/19/2018 5,789.14 MMC EMPLOYEE BENEFIT PLAN A/P 177574 9/19/2018 139.81 MMCVOLUNTEERS A/P 177575 9/19/2018 0 VOIDED A/P 177576 9/19/2018 0 VOIDED A/P 177577 9/19/2018 12,602.59 MORRIS & DICKSON CO, LLC A/P 177578 9/19/2018 1,341.11 ORTHO CLINICAL DIAGNOSTICS A/P 177579 9/19/2018 922.33 OWENS & MINOR A/P 177580 9/19/2018 16S PALACIOS BEACON A/P 177581 9/19/2018 170 PHILIP THOMAE PHOTOGRAPHER A/P 177582 9/19/2018 2,627.00 PHILIPS HEALTHCARE A/P 177583 9/19/2018 2,225.00 PREMIER SLEEP DISORDERS CENTER A/P 177584 9/19/2018 99 QUILL CORPORATION A/P 177585 9/19/2018 289.06 RADPARTNERS HOUSTON A/P 177586 9/19/2018 45.47 RED HAWK FIRE AND SECURITY -37- A/P 177587 9/19/2018 587.5 REXEL A/P 177588 9/19/2018 59.18 SARA RUBIO A/P 177589 9/19/2018 1,350.66 SIEMENS FINANCIAL SERVICES A/P 177590 9/19/2018 751.58 SIEMENS MEDICAL SOLUTIONS INC A/P 177591 9/19/2018 889.7 SINGLETON ASSOCIATES PA A/P 177592 9/19/2018 3,124.80 STRYKER SUSTAINABILITY A/P 177593 9/19/2018 1,079.57 TLC STAFFING A/P 177594 9/19/2018 699 TRI-STATE BIOMEDICAL SERVICES A/P 177595 9/19/2018 1,778.58 TRIZETTO PROVIDER SOLUTIONS A/P 177596 9/19/2018 5,625.00 TRUSTAFF A/P 177597 9/19/2018 2,839.64 UNIFIRST HOLDINGS INC A/P 177598 9/19/2018 666.17 UNIFORM ADVANTAGE A/P 177599 9/19/2018 392.13 UNITED RENTALS (NORTH AMERICA) A/P 177600 9/19/2018 23,936.12 VICTORIA ANESTHESIOLOGY A/P 177601 9/19/2018 550 VICTORIA RADIOWORKS, LTD A/P 177602 9/19/2018 0 VOIDED A/P 177603 9/19/2018 7,445.64 WAGEWORKS A/P 177604 9/19/2018 1,092.50 WALLER,LANSDEN, DORTCH & DAVIS A/P 177605 9/19/2018 1,157.14 WERFEN USA LLC A/P 177607 9/26/2018 87.12 ACE HARDWARE 15521 A/P 177608 9/26/2018 1,400.00 ACUTE CARE INC A/P 177609 9/26/2018 1,247.48 AIRGAS USA, LLC-CENTRAL DIV A/P 177610 9/26/2018 11,285.54 ALLSTATE A/P 177611 9/26/2018 41.94 AQUA BEVERAGE COMPANY A/P 177612 9/26/2018 4,717.75 AYA HEALTHCARE INC A/P 177613 9/26/2018 6,145.37 BANK OF THE WEST A/P 177614 9/26/2018 570 BAYSTORAGE A/P 177615 9/26/2018 0 VOIDED A/P 177616 9/26/2018 30,782.32 BECKMAN COULTER INC A/P 177617 9/26/2018 14 BOSART LOCK & KEY INC A/P 177618 9/26/2018 9,007.50 BROADMOOR AT CREEKSIDE PARK A/P 177619 9/26/2018 312.9 CARDINAL HEALTH 414,LLC A/P 177620 9/26/2018 59.95 COW GOVERNMENT, INC. A/P 177621 9/26/2018 1,670.70 CENTURION MEDICAL PRODUCTS A/P 177622 9/26/2018 2,965.64 CSI LEASING INC A/P 177623 9/26/2018 788.13 CYRACOM LLC A/P 177624 9/26/2018 700 D HARRIS CONSULTING LLC A/P 177625 9/26/2018 1,500.00 DATA INNOVATIONS LLC A/P 177626 9/26/2018 253.26 DEWITT POTH & SON A/P 177627 9/26/2018 2,333.76 DIEBEL OIL CO INC A/P 177628 9/26/2018 1,875.00 DIGITAL INOVATION, INC. A/P 177629 9/26/2018 104,223.40 DISCOVERY MEDICAL NETWORK INC A/P 177630 9/26/2018 40,062.50 EMERGENCY STAFFING SOLUTIONS A/P 177631 9/26/2018 75 FIRSTCLEARING A/P 177632 9/26/2018 2,121.77 FISHER HEALTHCARE A/P 177633 9/26/2018 530 FORT BEND SERVICES, INC A/P 177634 9/26/2018 1,619.37 FRONTIER A/P 177635 9/26/2018 6,825.20 GE HEALTHCARE A/P 177636 9/26/2018 1,834.14 GLAXOSMITHKLINE PHARMACUETICAL A/P 177637 9/26/2018 78,888.92 GOLDENCREEK HEALTHCARE A/P 177638 9/26/2018 380 HEALTHCARE CODING & CONSULTING A/P 177639 9/26/2018 21,073.58 HEALTHCARE EQUIPMENT FINANCE A/P 177640 9/26/2018 0 VOIDED A/P 177641 9/26/2018 657.23 HER CREDIT RECEIVABLES DEPT308 A/P 177642 9/26/2018 11.25 HOSPIRA WORLDWIDE, INC A/P 177643 9/26/2018 14,996.06 HUNTER PHARMACY SERVICES A/P 177644 9/26/2018 430.16 IRON MOUNTAIN am A/P 177645 9/26/2018 250 ITERSOURCE CORPORATION A/P 177646 9/26/2018 565.58 J & 1 HEALTHCARE SYSTEMS, INC A/P 177647 9/26/2018 976.46 LABCORP OF AMERICA HOLDINGS A/P 177648 9/26/2018 400 LAMAR COMPANIES A/P 177649 9/26/2018 1,211.35 LEGAL SHIELD A/P 177650 9/26/2018 23,399.59 LUBY'S FUDDRUCKERS RESTAURANTS A/P 177651 9/26/2018 1,045.00 M G TRUST A/P 177652 9/26/2018 662.27 MARLIN BUSINESS BANK A/P 177653 9/26/2018 1,933.14 MCKESSON MEDICAL SURGICAL INC A/P 177654 9/26/2018 263.69 MEDIVATORS A/P 1776SS 9/26/2018 0 VOIDED A/P 177656 9/26/2018 3,145.53 MEDLINE INDUSTRIES INC A/P 177657 9/26/2018 435.83 MEMORIAL MEDICAL CLINIC A/P 177658 9/26/2018 118.54 MERCEDES MEDICAL A/P 177659 9/26/2018 680.34 MERRY X-RAY/SOURCEONE HEALTHCA A/P 177660 9/26/2018 924 MID -COAST ELECTRIC SUPPLY, INC A/P 177661 9/26/2018 130.96 MMC AUXILIARY GIFT SHOP A/P 177662 9/26/2018 20,914.41 MMC EMPLOYEE BENEFIT PLAN A/P - 177663 9/26/2018 0 VOIDED A/P 177664 9/26/2018 8,099.95 MORRIS & DICKSON CO, LLC A/P 177665 9/26/2018 990 NEOGENOMICS LABORATORIES A/P 177666 9/26/2018 0 VOIDED A/P 177667 9/26/2018 3,762.47 OWENS & MINOR A/P 177668 9/26/2018 1,815,00 PABLO GARZA A/P 177669 9/26/2018 85 PHILIP THOMAE PHOTOGRAPHER A/P 177670 9/26/2018 173.61 POWER HARDWARE A/P 177671 9/26/2018 1,816.66 PRESS GANEY ASSOCIATES, INC. A/P 177672 9/26/2018 289.9 QUILL CORPORATION A/P 177673 9/26/2018 33.35 ROBERT RODRIGUEZ A/P 177674 9/26/2018 4,675.00 ROBERTS, ODEFEY, WITTE & WALL A/P 177675 9/26/2018 3,856.41 SANOFI PASTEUR INC A/P 177676 9/26/2018 246.29 SHIRLEY KARNEI A/P 177677 9/26/2018 1,575.00 SIGN AD, LTD. A/P 177678 9/26/2018 14,154.33 SINGLETON ASSOCIATES PA A/P 177679 9/26/2018 17,232.50 SOLERA WEST HOUSTON A/P 177680 9/26/2018 4,199.00 SOUTH TEXAS BLOOD & TISSUE CEN A/P 177681 9/26/2018 610 STERIS CORPORATION A/P 177682 9/26/2018 411.93 STUDER GROUP, LLC A/P 177683 9/26/2018 5,699.00 T-SYSTEM, INC A/P 177684 9/26/2018 2,773.00 TELCOR A/P 177685 9/26/2018 2,494.00 TEXAS HOSPITAL INS EXCHANGE A/P 177686 9/26/2018 2,611.12 UNIFIRST HOLDINGS INC A/P 177687 9/26/2018 233.55 UNIFORM ADVANTAGE A/P 177688 9/26/2018 50.96 UNIT DRUG CO, LLC A/P 177689 9/26/2018 285.84 UNITED AD LABEL CO INC A/P 177690 9/26/2018 914.85 VICTORIA ADVOCATE A/P 177691 9/26/2018 418.77 VICTORIA COMMUNICATION SVCS A/P 177692 9/26/2018 2,521.64 WAGEWORKS Accounts Payable Total: 1,391,017.10 ICP 12149 9/13/2018 8,686.30 MEMORIAL MEDICAL CENTER ICP 12150 9/13/2018 93.46 ADU SPORTS MEDICINE CLINIC ICP 12151 9/13/2018 88.47 CLINICAL PATHOLOGY LABS ICP 12152 9/13/2018 79.62 ESS OF PORT LAVACA LLC ICP 12153 9/13/2018 4,166.67 MEMORIAL MEDICAL CENTER -39- ICP 12154 9/13/2018 226.96 MEMORIAL MEDICAL CENTER ICP 12155 9/13/2018 992.43 MEMORIAL MEDICAL CLINIC ICP 12156 9/13/2018 391.96 MICHELLE M. CUMMINS, M.D. ICP 12157 9/13/2018 215.38 PORT LAVACA CLINIC ASSOC, PA ICP 12158 9/13/2018 76.55 REGIONAL EMPLOYEE ASSISTANCE ICP 12159 9/13/2018 282.8 SINGLETON ASSOCIATES PA ICP 12160 9/13/2018 126.61 VICTORIA HEART & VASCULAR CTR ICP 12161 9/13/2018 33.27 VICTORIA KIDNEY DIALYSIS ICP Total: 15,460.48 NHG 17 9/19/2018 24,323.42 MMC-OPERATING NHS 23 9/19/2018 9,437.34 MMC -OPERATING NHC 26 9/19/2018 2,536.40 MMC-OPERATING NHA 28 9/19/2018 35,509.60 MMC-OPERATING NHG 18 9/26/2018 21,420.58 MMC-OPERATING NHS 24 9/26/2018 18,790.38 MMC-OPERATING NHF 25 9/26/2018 4,248.00 MMC-OPERATING NHC 27 9/26/2018 1,058.08 MMC-OPERATING NHA 29 9/26/2018 14,813.12 MMC-OPERATING Nursing Facility Total: 132,136.92 PR- 62133 9/7/2018 1,160.84 PAY-P.08/17/18 08/30/18 PR- 62134 9/7/2018 640.47 PAY-P.08/17/18 08/30/18 PR- 62135 9/7/2018 439.15 PAY-P.08117/18 08/30/18 PR- 62136 9/7/2018 399.98 PAY-P.08/17/18 08/30/18 PR- 62137 9/7/2018 183.58 PAY-P.08/17/18 08/30/18 PR- 62138 9/7/2018 535.16 PAY-P.08/17/18 08/30/18 PR- 62139 9/7/2018 1,295.21 PAY-P.08/17/18 08/30/18 PR- 62140 9/7/2018 268.35 PAY-P.08/17/18 08/30/18 PR- 62141 9/7/2018 807.95 PAY-P.08/17/18 08/30/18 PR- 62142 9/21/2018 572.38 PAY-P.08/31/18 09/13/18 PR- 62143 9/21/2018 805.57 PAY-P.08/31/18 09/13/18 PR- 62144 9/21/2018 294.53 PAY-P.08/31/18 09/13/18 PR- 62145 9/21/2018 565.25 PAY-P.08/31/18 09/13/18 PR- 62146 9/21/2018 150.22 PAY-P.08/31/1809/13/18 PR- 62147 9/21/2018 416.05 PAY-P.08/31/18 09/13/18 PR- 62148 9/21/2018 183.45 PAY-P.08/31/18 09/13/18 PR- 62149 9/21/2018 294.68 PAY-P.08/31/18 09/13/18 PR- 62150 9/21/2018 844.25 PAY-P.08/31/18 09/13/18 PR- 62151 9/21/2018 692.34 PAY-P.08/31/18 09/13/18 PR- 62152 9/21/2018 146.11 PAY-P.08/31/18 09/13/18 PR- 999999 9/7/2018 540,752.54 Payroll Total: Grand Total: 551,448.06 2,090,062.56 MEMORIAL MEDICAL CENTER GROSS PAYROLL REPORT SEPTEMBER 2018 PRTitle PRDeptName PRTotGross A-P / PAYROLL CLERK ACCOUNTING 2,489.79 STAFF ACCOUNTANT ACCOUNTING 2,737.13 CONTROLLER ACCOUNTING 3,500.00 ACCOUNTANT ACCOUNTING 7,981.73 ADMINIST ASSISTANT ADMINISTRATION 3,497.80 C.F.C. ADMINISTRATION 12,717.32 ASSIST ADMINISTRATOR ADMINISTRATION 9,152.00 C.E.O. ADMINISTRATION 18,568.74 CLINICAL IT SPCLST ADMINISTRATION -CLINICAL SERVIC 4,872.73 TRAUMA COORDINATOR ADMINISTRATION -CLINICAL SERVIC 4,319.22 ADMIN ASST TO AA-CNO ADMINISTRATION -CLINICAL SERVIC 2,622.14 BEHAV. HEALTH THERA BEHAVIORAL HEALTH 4,230.80 BIO-MED TECHNICIAN BIO MEDICAL ENGINEERING 3,551.50 SPECIAL PROJECTS MGR BUSINESS DEVELOPMENT 3,012.97 ASST PURCHASE BUYER CENTRAL SUPPLY 2,127.81 PURCHASING SUPERVISR CENTRAL SUPPLY 4,320.80 COURIER -SUPPLY TECH CENTRAL SUPPLY 1,927.50 RECEPTIONIST CLINIC FS 2,575.98 INSURANCE CLERK CLINIC FS 2,236.50 OPERATOR CLINIC FS 2,335.15 RECEPTIONIST CLINIC FS 2,226.99 INSURANCE CLERK CLINIC FS 2,410.33 MEDICAL ASSISTANT CLINIC FS 1,470.41 OPERATOR CLINIC FS 1,704.98 OFFICE MANAGER CLINIC FS 2,559.60 RECEPTIONIST CLINIC FS 2,598.34 RADIOLOGICAL TECH DIAGNOSTIC IMAGING 5,213.69 RADIOLOGICAL TECH DIAGNOSTIC IMAGING 280.00 RADIOLOGICAL TECH DIAGNOSTIC IMAGING 4,511.43 RECEPT/SECRETARY DIAGNOSTIC IMAGING 2,001.71 RADIOLOGY SUPERVISOR DIAGNOSTIC IMAGING 6,212.91 RADIOLOGY TECH DIAGNOSTIC IMAGING 1,387.04 RADIOLOGICAL TECH DIAGNOSTIC IMAGING 5,556.88 RADIOLOGICAL TECH DIAGNOSTIC IMAGING 4,183.56 NUCLEAR MED TECH DIAGNOSTIC IMAGING 6,310.00 RADIOLOGICAL TECH DIAGNOSTIC IMAGING 4,093.82 RADIOLOGYTECH DIAGNOSTIC IMAGING 202.50 RAID TECHNOLOGIST DIAGNOSTIC IMAGING 729.00 RADIOLOGICAL TECH DIAGNOSTIC IMAGING 2,025.50 RADIOLOGICAL TECH DIAGNOSTIC IMAGING 3,682.15 DIRECTOR DIAGNOSTIC IMAGING 6,415.66 DIRECTOR OF DIETARY DIETARY 4,255.76 FOOD SERVICE STAFF DIETARY 1,880.00 FOOD SERVICE STAFF DIETARY 1,827.00 FOOD SERVICE STAFF DIETARY 1,686.25 FOOD SERVICE STAFF DIETARY 1,584.14 FOOD SERVICE STAFF DIETARY 1,782.23 FOOD SERVICE STAFF DIETARY 1,645.31 -41- FOOD SERVICE STAFF DIETARY 903.00 FOOD SERVICE STAFF DIETARY 1,857.86 REGISTERED NURSE EMERGENCY ROOM 5,482.98 REGISTERED NURSE EMERGENCY ROOM 1,677.20 REGISTERED NURSE EMERGENCY ROOM 16.50 REGISTERED NURSE EMERGENCY ROOM 3,967.79 REGISTERED NURSE EMERGENCY ROOM 5,597.30 REGISTERED NURSE EMERGENCY ROOM 1,889.60 REGISTERED NURSE EMERGENCY ROOM 5,741.75 DIRECTOR EMERGENCY ROOM 7,391.28 REGISTERED NURSE EMERGENCY ROOM 1,230.82 REGISTERED NURSE EMERGENCY ROOM 4,143.65 REGISTERED NURSE EMERGENCY ROOM 1,929.51 REGISTERED NURSE EMERGENCY ROOM 5,355.88 REGISTERED NURSE EMERGENCY ROOM 4,086.44 REGISTERED NURSE EMERGENCY ROOM 3,935.01 REGISTERED NURSE EMERGENCY ROOM 2,193.73 REGISTERED NURSE EMERGENCY ROOM 3,560.52 REGISTERED NURSE EMERGENCY ROOM 1,250.39 REGISTERED NURSE EMERGENCY ROOM 5,904.36 REGISTERED NURSE EMERGENCY ROOM 2,612.71 ES AIDE ENVIRONMENTAL SERVICES 1,942.92 EVS AIDE/ FLOOR TECH ENVIRONMENTAL SERVICES 1,759.89 ES AIDE ENVIRONMENTAL SERVICES 1,946.11 EVSAIDE ENVIRONMENTAL SERVICES 1,719.29 ES AIDE ENVIRONMENTAL SERVICES 1,605.94 E.S. TEAM LEADER ENVIRONMENTAL SERVICES 2,079.60 EVSAIDE ENVIRONMENTAL SERVICES 1,652.70 ES AIDE ENVIRONMENTAL SERVICES 1,736.00 EVS AIDE ENVIRONMENTAL SERVICES 200.48 EVS AIDE ENVIRONMENTAL SERVICES 1,557.92 ES AIDE ENVIRONMENTAL SERVICES 1,738.54 FLOOR TECHNICIAN ENVIRONMENTAL SERVICES 1,866.31 ES AIDE ENVIRONMENTAL SERVICES 1,487.35 EVS AIDE ENVIRONMENTAL SERVICES 1,466.43 BIRTH REG/TRANSCRIP HEALTH INFORMATION MANAGEMENT 2,059.20 DISCHARGE ANALYST HEALTH INFORMATION MANAGEMENT 1,580.57 CODING SPECIALIST HEALTH INFORMATION MANAGEMENT 3,064.28 HIM SPECIALIST HEALTH INFORMATION MANAGEMENT 1,537.25 DIRECTOR OF HIM HEALTH INFORMATION MANAGEMENT 3,845.00 HUMAN RESOURCES COOR HUMAN RESOURCES 2,396.63 REGISTERED NURSE ICU 4,694.56 REGISTERED NURSE ICU 4,539.66 REGISTERED NURSE ICU 4,166.34 REGISTERED NURSE ICU 4,256.19 REGISTERED NURSE ICU 4,978.35 REGISTERED NURSE ICU 2,709.40 REGISTERED NURSE ICU 877.44 REGISTERED NURSE ICU 4,646.57 REGISTERED NURSE ICU 5,946.34 REGISTERED NURSE ICU 16.50 REGISTERED NURSE ICU 4,088.55 REGISTERED NURSE ICU 446.19 -42- PT FIN COUN/CIHC COO INDIGENT CARE PROGRAM 2,566.00 FINANCIAL COUNSELOR INDIGENT CARE PROGRAM 2,310.81 IP/EH/RM NURSE INFECTION PREVENTION 5,889.27 I.T. DIRECTOR INFORMATION TECHNOLOGY 5,639.04 IT SYSTEM ANALYST INFORMATION TECHNOLOGY 3,856.39 IT SYSTEM ANALYST INFORMATION TECHNOLOGY 600.00 MLT LABORATORY 3,039.56 MEDICAL LAB TECH LABORATORY 5,653.71 LAB ASSISTANT LABORATORY 3,030.40 MEDICAL LAB TECH LABORATORY 4,340.70 MEDICAL TECHNOLOGIST LABORATORY 4,001.96 TECHNICAL SUPERVISOR LABORATORY 1,582.25 LAB DIRECTOR LABORATORY 4,984.00 LAB ASSISTANT LABORATORY 658.13 LAB ASSISTANT LABORATORY 812.44 MEDICAL TECHNICIAN LABORATORY 2,023.14 MEDICAL LAB TECH LABORATORY 3,383.47 GENERAL SUPERVISOR LABORATORY 4,118.87 LAB ASSISTANT LABORATORY 1,582.25 LAB ASSISTANT LABORATORY 2,121.74 LABORATORY ASSISTANT LABORATORY 593.88 LAB ASSISTANT LABORATORY 2,472.86 MEDICAL TECHNOLOGIST LABORATORY 286.75 MEDICAL LAB TECH LABORATORY 4,344.09 DEPARTMENTAL ASSIST MAINTENANCE 2,496.00 DIRECTOR MAINTENANCE 5,564.20 PLANT OPS SPECIALIST MAINTENANCE 3,126.50 PLANT OPS SPECIALIST MAINTENANCE 4,415.64 REGISTERED NURSE MED/SURG 1,767.00 REGISTERED NURSE MED/SURG 5,393.97 LICENSED VOCATIONAL MED/SURG 3,099.98 REGISTERED NURSE MED/SURG 5,143.25 DIRECTOR OF INPT SVC MED/SURG 6,252.20 LICENSED VOCATIONAL MED/SURG 2,591.90 CNA MED/SURG 2,019.40 REGISTERED NURSE MED/SURG 429.25 REGISTERED NURSE MED/SURG 4,097.17 LICENSED VOCATIONAL MED/SURG 738.01 REGISTERED NURSE MED/SURG 839.00 REGISTERED NURSE MED/SURG 488.00 REGISTERED NURSE MED/SURG 4,240.70 REGISTERED NURSE MED/SURG 5,136.26 CERTIFIED NURSE AIDE MED/SURG 1,565.44 REGISTERED NURSE MED/SURG 1,220.00 REGISTERED NURSE MED/SURG 2,290.69 CERTIFIED NURSE AIDE MED/SURG 1,550.15 LICENSED VOCATIONAL MED/SURG 894.05 REGISTERED NURSE MED/SURG 815.50 REGISTERED NURSE MED/SURG 3,908.16 CERTIFIED NURSE AIDE MED/SURG 1,813.60 LICENSED VOCATIONAL MED/SURG 205.75 REGISTERED NURSE MED/SURG 4,289.18 REGISTERED NURSE MED/SURG 4,175.75 -43- LICENSED VOCATIONAL MED/SURG 2,550.10 CERTIFIED NURSE AIDE MED/SURG 2,276A9 RN -OR SCRUB NURSE MED/SURG 847.50 REGISTERED NURSE MED/SURG 2,041.76 REGISTERED NURSE MED/SURG 3,330.83 REGISTERED NURSE MED/SURG 5,188.96 REGISTERED NURSE MED/SURG 1,163.13 REGISTERED NURSE MED/SURG 3,938.34 REGISTERED NURSE MED/SURG 3,224.43 CERTIFIED NURSES AID MED/SURG 486.25 CERTIFIED NURSE AIDE MED/SURG 537.75 CNA MED/SURG 660.00 CERTIFIED NURSES AID MED/SURG 1,421.20 LICENSED VOCAT NURSE MED/SURG 2,615.01 LICENSED VOCATIONAL MEMORIAL MEDICAL CLINIC 2,557.32 REGISTERED NURSE MEMORIAL MEDICAL CLINIC 5,528.75 PRACT ADMINISTRATOR MEMORIAL MEDICAL CLINIC 7,332.20 NURSE PRACTIONER MEMORIAL MEDICAL CLINIC 7,538.40 NURSE PRACTITIONER MEMORIAL MEDICAL CLINIC 7,538.41 LICENSED VOCATIONAL MEMORIAL MEDICAL CLINIC 624.75 NURSE SUPERVISOR MEMORIAL MEDICAL CLINIC 2,969.10 NURSE PRACTIONER MEMORIAL MEDICAL CLINIC 7,538.40 RECEPTIONIST MEMORIAL MEDICAL CLINIC 379.25 MEDICAL ASSISTANT MEMORIAL MEDICAL CLINIC 441.86 MEDICAL ASSISTANT MEMORIAL MEDICAL CLINIC 2,191.25 MEDICAL ASSISTANT MEMORIAL MEDICAL CLINIC 1,369.81 LICENSED VOCATIONAL MEMORIAL MEDICAL CLINIC 3,087.23 RECEPTIONIST MEMORIAL MEDICAL CLINIC 204.60 MEDICAL ASSISTANT MEMORIAL MEDICAL CLINIC 1,110.69 REFERRAL SPCLST / MA MEMORIAL MEDICAL CLINIC 1,710.67 LICENSED VOCATIONAL MEMORIAL MEDICAL CLINIC 1,334.70 MEDICAL ASSISTANT MEMORIAL MEDICAL CLINIC 2,075.16 OPERATOR MEMORIAL MEDICAL CLINIC 2,020.17 LICENSED VOCATIONAL MEMORIAL MEDICAL CLINIC 2,181.28 MEDICAL ASSISTANT MEMORIAL MEDICAL CLINIC 1,746.05 REFERRAL SPCLST / MA MEMORIAL MEDICAL CLINIC 2,728.73 MEDICAL ASSISTANT MEMORIAL MEDICAL CLINIC 1,608.36 NURSE PRACTITIONER MEMORIAL MEDICAL CLINIC 7,538.40 MEDICAL ASSISTANT MEMORIAL MEDICAL CLINIC 1,835.61 NURSE PRACTITIONER MEMORIAL MEDICAL CLINIC 5,923.07 MEDICAL ASSISTANT MEMORIAL MEDICAL CLINIC 2,325.12 RADIOLOGY TECH MMC CLINIC - DIAGNOSTIC IMAGIN 5,741.34 MEDICAL LAB TECH MMC CLINIC - LABORATORY 3,460.87 LICENSED VOCATIONAL OBSTETRICS 3,881.97 REGISTERED NURSE OBSTETRICS 2,894.36 REGISTERED NURSE OBSTETRICS 4,906.90 REGISTERED NURSE OBSTETRICS 5,044.48 REGISTERED NURSE OBSTETRICS 4,297.28 REGISTERED NURSE OBSTETRICS 1,014.19 REGISTERED NURSE OBSTETRICS 2,115.13 REGISTERED NURSE OBSTETRICS 4,274.79 REGISTERED NURSE OBSTETRICS 4,892.58 REGISTERED NURSE OBSTETRICS 3,838.81 mm REGISTERED NURSE OBSTETRICS 913.75 REGISTERED NURSE OBSTETRICS 3,830.91 REGISTERED NURSE OBSTETRICS 5,738.98 REGISTRATION CLERK PATIENT FINANCIAL SERVICES 1,739.56 SELF PAY CLERK PATIENT FINANCIAL SERVICES 1,877.79 BILLING CLERK PATIENT FINANCIAL SERVICES 1,594.14 REGISTRATION CLERK PATIENT FINANCIAL SERVICES 1,938.00 REGISTRATION CLERK PATIENT FINANCIAL SERVICES 1,606.25 CASHIER -SWITCHBOARD PATIENT FINANCIAL SERVICES 1,707.65 INSUR COORDINATOR PATIENT FINANCIAL SERVICES 1,807.14 MEDICARE COORDINATOR PATIENT FINANCIAL SERVICES 2,007.71 REGISTRATION CLERK PATIENT FINANCIAL SERVICES 1,687.21 TEAM LEADER PATIENT FINANCIAL SERVICES 2,584.30 PFS DIRECTOR PATIENT FINANCIAL SERVICES 3,792.20 MEDICAID COORDINATOR PATIENT FINANCIAL SERVICES 2,148.76 REGISTRATION CLERK PFS - REGISTRATION 1,898.35 REGISTRATION CLERK PFS - REGISTRATION 934.16 REGISTRATION CLERK PFS - REGISTRATION 757.65 REGISTRATION CLERK PFS - REGISTRATION 1,827.25 REGISTRATION CLERK PFS - REGISTRATION 697.60 REGISTRATION CLERK PFS - REGISTRATION 2,059.63 REGISTRATION CLERK PFS - REGISTRATION 1,690.80 REG PHARM TECH SUPER PHARMACY 2,841.39 LVN-CHG-CHART AUDITR PHARMACY 2,582.63 REGIST PHARMACY TECH PHARMACY 3,059.73 REG PHARMACY TECH PHARMACY 2,869.04 OFFICE COORDINATOR PHYSICAL THERAPY 1,758.00 PTASSISTANT PHYSICAL THERAPY 4,088.07 PT ASSISTANT PHYSICAL THERAPY 4,882.22 DIRECTOR REHAB SERVC PHYSICAL THERAPY 8,612.60 PHYSICAL THERAPIST PHYSICAL THERAPY 6,635.02 PHYSICIAL THERAPIST PHYSICAL THERAPY 6,751.03 TEAM LEAD PTA PHYSICAL THERAPY 5,022.50 RECEPTIONIST PHYSICAL THERAPY 1,946.15 CNO QUALITY ASSURANCE 6,988.20 SECURITY SUPERVISOR SECURITY 2,406.64 SECURITY OFFICER SECURITY 1,946.64 SECURITY OFFICER SECURITY 1,686.75 SECURITY OFFICER SECURITY 1,790.00 OP/QA NURSE SPECIALTY CLINIC 4,876.49 REGISTERED NURSE SURGERY 846.69 SURGERY MANAGER SURGERY 6,368.20 PRE -ADMISSION NURSE SURGERY 3,582.79 LICENSED VOCATIONAL SURGERY 3,877.09 RN -OR SCRUB NURSE SURGERY 4,304.06 0 R TECH SURGERY 3,030.15 REGISTERED NURSE SURGERY 5,664.82 RN-PERI OPERATIVE SURGERY 4,977.89 CERTIFIED STERIL TEC SURGERY 1,974.80 OR AIDE SURGERY 1,726.24 CASE MANAGER/UR/DP UTILIZATION REVIEW 4,458.05 Total 795,487.15 -45- olHS Source Totals Report Issued 10/04/18 Calhoun Indigent Health Care Batch Dates 10/01/2018 through 10/0112016 For Source Group Indigent Health Care For Vendor: All Vendors Source Description Amount Billed 01 ......_.___Physician Services ........................... .. ..... ....... 02 Prescription Drugs 08 Rural Health Clinics. 1:4 Mmc-Hospital Outpatient 15 Mmc - Er Bills Expenditures Reimb/Adjustments Grand Total Amount Paid 68.7.0.2 341.38 311.38 498.00 495.81 12,016.74 3,880,26 2,809.00 898,88 19,467.41 6,273,35 19,467.41 6,273.35 EXPENSES - 4,166.67 10.440.02 COPAYS <130.00> 10,310.02 MEDICAID REIMBURSEMENTS <0> TOTAL 10,310.02 —46— Calhoun County Indigent Care Patient Caseload 2019 Approved Denied Removed Active Pending January 4 2 3 20 6 February 3 4 2 18 6 March 2 2 3 17 4 April 5 3 1 21 2 May 0 2 3 18 1 June 0 0 2 16 1 July 1 0 0 17 3 August 2 1 6 13 2 September 3 0 3 13 0 October November December YTD . Monthly Avg 2 2 3 17 3 December 2017 Active 18 Calhoun County Pharmacy Assistance Patient Caseload 2018 Approved Refills Removed Active Value January 0 5 0 32 $5,006.00 February 5 9 0 37 $26,999.00 March 5 9 0 42 $18,184.00 April 0 6 0 42 $16,769.61 May 10 7 0 52 $16,330.00 June 3 6 0 55 $39,699.96 July 2 3 0 57 $14,029.00 August 8 6 0 63 $19,964.75 September 7 12 0 70 $18,233.94 October November December YTD PATIENT SAVINGS $175,216.26 Monthly Avg 4 7 50 $19,468.47 0 December 2017 Active 32 -47- t:�II oun County Commissioners" Court— November 07, 2018 6. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 6) On Assignment of Airport Lease and authorize County Judge to sign documents and take any other action deemed necessary. (VL) Anne Marie Odefey spoke on this matter. RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: Kenneth Finster, Commissioner Pet 4 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 4 of 21 ASSIGNMENT OF LEASE AND RELEASE OF LIABILITY State of Texas County of Calhoun WHEREAS, a lease dated March 24, 2005 by and between Calhoun County, State of Texas as "Lessor" and Calhoun Airport Leasing, LLC as "Lessee" was entered into concerning a 1.13 acre tract at the property located at the Calhoun County Airport, Port Lavaca, Calhoun County, Texas, more fully described in the attached Exhibit "A" (the "Lease"), and WHEREAS, Calhoun Airport Leasing, LLC ("Assignor") has sold and conveyed its interest in the above -referenced Lease, to Gateway Flight Center, LLC ("Assignee"), NOW, THEREFORE, pursuant to this transfer, for good and valuable consideration, receipt of which is hereby acknowledged, Assignor assigns, transfers, and delivers all of its right, title, or interest in and to the above -described premises and Lease to Assignee. It is agreed and understood by and among the parties to this Agreement that: 1. Assignor shall deliver possession of the leased premises to Assignee on November 1, 2018, time being of the essence. All rents for the term of the lease are paid through the end of the lease and are fully transferred to Assignee. 2. Lessor assents to this Assignment of Lease and agrees to forever release Assignor from any and all responsibilities or obligations owed under the Lease; hereafter, Lessor shall look solely to the Assignee for any and all obligations including payment of this Lease. Effective on the V day of November, 2018 Calhoun Airport Leasing, LLC By: Manna L. Stanger, Manager 19584 Hwy 172 Port Lavaca, Texas 77979 Gateway Flight Center, LLC By: 41 udvik J. Sve ' , Manager 4876 FM 3084 Port Lavaca, Texas 77979 STATE OF TEXAS COUNTY OF CALHOUN CERTIFICATE OF ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Dianna Stanger, Manager of Calhoun Airport Leasing, LLC, who is personally known to me (or proved to me on the oath of or through ) to be the person whose name is subscribed to the foregoing instrument, and who has acknowledged to me that she executed the instrument for the purposes and considerations expressed. Given under my hand and seal of office on this 3 day of October, 2018. ��tiPRy p�aG KELLI A. SCHMIDT Notary Public, State of Texas Comm, Expires 02-11.2021 ioF Notary ID 7600064 STATE OF TEXAS COUNTY OF CALHOUN Notary blic in and for the State of Texas CERTIFICATE OF ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Ludvik J. Svetlik, Manager of Gateway Flight Center, LLC, who is personally known to me (or proved to me on the oath of or through ) to be the person whose name is subscribed to the foregoing instrument, and who has acknowledged to me that she executed the instrument for the purposes and considerations expressed. Given under my hand and seal of office on this day of October, 2018. ka�a Nota Public in and for the State of Texas `�tiPpY P(ie:� KELLI A. SCHMIDT �S Notary Public, State of Texas .:•P� Comm. Expires 02-11-2021 ''�!;,°„t,NO Notary ID 7600064 ACCEPTANCE By the execution hereof, the undersigned, being the Assignee referred to in the above Assignment of Lease, for and in consideration of the terms and conditions contained therein hereby PROMISES, COVENANTS AND AGREES to perform the duties and responsibilities under the lease attached hereto as Exhibit "A" in accordance with its terms, tenor and effect. DATED the 3/ STATE OF TEXAS COUNTY OF CALHOUN day of October, 2018. Gateway Flight Center, LLC Zile !� �r Lu vik J. Svet6AnTrajer CERTIFICATE OF ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Ludvik J. Svetlik, Manager, Gateway Flight Center, LLC, who is personally known to me (or proved to me on the oath of or through ) to be the person whose name is subscribed to the foregoing instrument, and who have acknowledged to me that she executed the instrument for the purposes and considerations expressed. Given under my hand and seal of office on this3l day of October, 2018 e'_Z LLB 9--. '-5—ak4 KELLI A. SCHMIDT NotaiPublic' State of Texas \JRpPY?LBp Notary Public, State of Texas Comm. Expires 02-11-2021 °uO Notary ID 7600064 CONSENT TO ASSUMPTION That County of Calhoun, State of Texas, does hereby consent to the assumption by Gateway Flight Center, LLC of the lease attached hereto as Exhibit "A" Calhoun Airport Leasing, LLC is released from any and all further liability that may arise out of the described lease. Signed this the 7'h day of November, 2018. County of Calhoun, State of Texas By: toR (A-4 � / Michael J. Pfeiferf County Judge Attest: Anna Goodman, Calhoun County Clerk `; iI .' By: rtn� 1 Deputy Clerk STATE OF TEXAS COUNTY OF CALHOUN CERTIFICATE OF ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Michael J. Pfeifer, County Judge, County of Calhoun, State of Texas, who is personally known to me (or proved to me on the oath of or through ) to be the person whose name is subscribed to the foregoing instrument, and who have acknowledged to me that she executed the instrument for the purposes and considerations expressed. Given under my hand and seal of office on this 7" day of November, 2018. Notary Public, State of Texas f� GROUND LEASE THIS LEASE, made the 24 th day of March , 2005 by and between CALHOUN COUNTY, STATE OF TEXAS, a governmental entity ("Landlord"), and CALHOUN AIRPORT LEASING, LLC, a Texas limited liability company, ("Tenant"). PRELIMINARY STATEMENT Landlord owns a parcel of land located in Calhoun County Airport (the "Airport"), Calhoun County, Texas as more particularly described in Exhibit A hereto (the "Premises"). The Premises are currently vacant and unimproved. Tenant wishes to lease the Premises in order to utilize the same as a facility for the taxiing, maintenance, upkeep and storage of aircraft; such use will include a right of access to the Premises from all public streets, over all roads or accesses in the Airport to the Premises and access to runways for the purpose of landing and taking off at the Airport and other uses as more particularly described in Section 5.07 hereof (the "Uses"). In connection therewith Tenant shall build on the Premises the facility as more particularly described in Exhibit B hereto (the "Facility") and thereafter may make additional improvements on the Premises as Tenant deems reasonably necessary to utilize the Premises for the aforesaid purposes (the "Facility" with such additional improvements, the "Improvements"). The term Improvements shall not include movable personal property or trade fixtures of Tenant or, of Tenant's subtenants ("Tenant's Personal Property"). NOW THEREFORE, the Landlord and Tenant agree as follows: ARTICLE I Lease of Property — Term of Lease Section 1.01. Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord the Premises together with all hereditaments and other rights appurtenant thereto, including the Uses. TO HAVE AND TO HOLD the same together with the rights of extension of the term hereof and other rights set forth herein for a term 20 years (the "Term"), commencing on April 1 2005, the ("Commencement Date") and terminating on arc 2025, upon and subject to the covenants, agreements, terms, provisions, conditions and limitations set forth in this Agreement. Rent Section 2.01 Tenant covenants and agrees to pay to Landlord when due, without notice or demand and without deduction or setoff during the Term, as rent, the sum of one ($1.00) Dollar per year. Tenant has prepaid the rent for the Term of the Lease by paying Landlord the sum of Twenty ($20.00) Dollars the receipt of which is hereby acknowledged. EXHIBIT tt APt Section 2.02 This Lease shall be deemed and construed to be a "Net Lease", and Tenant shall pay, as provided herein, all Impositions and all operating, maintenance and repair costs and insurance premiums when the same are due and before there is a default in the payment thereof. As used herein Impositions shall mean all taxes, levies and assessments; water and sewer assessments, fees and use charges; charges for utilities; excises; levies; license and permit fees; transit taxes; real estate taxes; personal property taxes; and all other governmental impositions and charges of every kind and nature whatsoever that affect the Premises or the Improvements and relates to the Term. To the extent any such Imposition extends beyond the Term it shall be equitably prorated. ARTICLE III hmnrovements-Conveyance to Landlord Section 3.01 Tenant shall expeditiously complete the construction of the Facility after the commencement of the Term. Thereafter Tenant shall have the right to perform additional work on the Premises as Tenant deems reasonably necessary provided Tenant shall comply with Article V hereof. All of the Improvements shall be made in compliance with all applicable laws, rules and ordinances related thereto and the Premises, and in a good and workmanlike manner and in compliance with Section 5.04 hereof. Tenant shall keep the Premises and the Improvements free and clear of all liens and encumbrances that might occur as a result of Tenant's activities on the Premises, including the construction of the Improvements. Landlord, for its part, will reasonably cooperate with Tenant in constructing the Improvements, including granting of such reasonable and customary public or private utility easements that may be necessary to accomplish and to utilize the Premises and the Improvements. Section 3.02 Title to the Improvements shall be and remain in Tenant during the Term. Title to the Improvements shall vest in Landlord at the termination of the Term. During the Term, Tenant alone shall be entitled to claim depreciation on the Improvements for all taxation purposes. As used in the paragraph Improvements does not include Tenant's Personal Property, the title of which shall remain in Tenant. Section 3.03 Tenant shall not have the right to remove any of the Improvements from the Premises or to make additions thereto except as provided in Article V hereof. Section 3.04 Upon the expiration or earlier termination of the Term, all Improvements then located on the Premises, together with the Premises, shall be peaceably and quietly vacated and surrendered by Tenant, broom clean and in good order, condition and repair, reasonable wear and tear and damage by the elements excepted, free of all liens created or suffered by Tenant (except such liens as have been theretofore approved by Landlord). For the purpose of carrying out the provisions of this paragraph, Tenant hereby gives, grants, bargains, sells and confirms unto Landlord, its successors and assigns forever, an immediately vested future interest in the fee simple title to the improvements, such that said fee simple title shall pass to and become possessory in Landlord, its successors and assigns, immediately, automatically and unconditionally, upon the expiration or earlier termination of the Term; to have and to hold the same, with the appurtenances thereof, unto Landlord, its successors and assigns forever, to its and their own proper use and behoof; and also Tenant, for itself and its successors covenants with Landlord, its successors and assigns, that Tenant has good right to bargain and sell the said future interest in the Improvements to Landlord and that the same shall be free from all encumbrances whatsoever except for, this Lease and such other encumbrances as are permitted under the terms of this Lease or exist on the date hereof (the Vemutted Encumbrances"). Tenant agrees to execute and deliver to Landlord such further deeds, assignments, or other instruments of conveyance as Landlord may deem necessary or advisable to evidence such transfer of title to the improvements to Landlord. Section 3.05 Comem)uoraneously with the expiration or earlier termination of the Term, Tenant shall immediately deliver to Landlord the following: a. A termination agreement with respect to the Lease and such documents, instruments and conveyances as Landlord may request to enable Landlord's ownership of the Improvements to be reflected of record. b. All construction plans, surveys, permits and other documents that Tenant may have relating to and necessary or convenient for the operation of the Premises and the Improvements. C. All warranties on the hnprovements to the full extent such warranties are assignable. d. An amount equal to the accrued but unpaid Impositions and Insurance Premiums with respect to the Premises and the Improvements, prorated to the date of expiration or termination. Section 3.06 The provisions of Section 3.05 notwithstanding, upon the expiration or other termination of the Term, Landlord may, at its option, require Tenant to surrender the Improvements to Landlord free of occupants, and may direct Tenant to remove any of Tenant's Personal Property from the Premises if not so removed by Tenant. Section 3.07 If any of Tenant's Personal Property shall remain on the Premises after the expiration or earlier termination of the Term for at least thirty (30) days after written request by Landlord for removal, such personal property shall, at the option of Landlord, be deemed to have been abandoned and may be retained by Landlord as its property or be disposed of without accountability in such manner as Landlord may see fit. ARTICLE IV Extension of Term — Right of First Refusal — Early Termination Section 4.01 At any time before the expiration of the base term of this Lease of twenty (20) years or within twenty (20) days after receiving notice from Landlord that this Lease has terminated by expiration of the term thereof, Tenant may extend the term of this Lease for an additional ten (10) year term by notifying Landlord within twenty (20) days after receipt of Landlord's notice and paying the Landlord the sum of ten ($10.00) Dollars for such extension so that the Term will expire on the thirtieth (300) anniversary of the Commencement Date. Section 4.02 In addition to Tenant's right to extend the Tema as provided in Section 4.01 and so long as any portion of the Facility shall remain on the Premises, Tenant shall have a right of first refusal to lease, purchase, utilize or otherwise acquire or have an interest in all, or any portion of, the Premises. If Landlord has received an offer from another party to lease, purchase, utilize or otherwise acquire or have an interest in all, or any portion of, the Premises, Landlord shall notify Tenant of such offer and Tenant shall have twenty (20) days after receipt of Landlord's notice to accept such offer and if accepted the right to obtain such interest in the Premises and the Improvements as were contained in the terms of such offer. If such offer, is not accepted by Tenant and thereafter the transaction contemplated by such offer is not completed then the right of first refusal in Tenant shall continue and Landlord shall continue to have the obligation to give Tenant the aforesaid right of first refusal. Section 4.03 Tenant" have the right to terminate this Lease by notice to Landlord. This Lease shall terminate ninety (90) days after such notice is sent. ARTICLE V Use MaintenanceConstruction, Repairs, Etc. Section 5.01 Except as set forth in Article MV hereof, Tenant accepts the Premises without any representation or warranty, express or implied by Landlord and without recourse to Landlord as to the title thereto, the nature, condition or usability thereof or the use or uses to which the Premises or any part thereof may be put. Landlord shall not be required to furnish any services or facilities or to make any repairs or alterations in or to the Premises throughout the Term. Section 5.02 Tenant shall not use or occupy or permit the Premises to be used or occupied, or do or permit anything to be done in or on the Premises, in whole or in part, which would in any way violate any building or zoning permit or certificate of occupancy affecting the Premises; or make void or voidable any insurance then in force with respect thereto, or which may make it impossible to obtain fire or other insurance thereon required to be furnished by Tenant hereunder; or which would constitute a public or private nuisance; or which would violate any laws, regulations, ordinances, or requirements of the federal, state or municipal governments, or of any departments, subdivisions, bureaus or offices thereof, or of any other government, public or quasi -public authorities now existing or hereafter created, having jurisdiction, provided, however, that Tenant may, in good faith and at Tenant's expense, upon prior written notice to Landlord, contest the validity of any such laws, regulations, ordinances or requirements and pending the determination of such contest may postpone compliance therewith, so as not to subject Landlord to any fine or penalty or to prosecution for a crime, or penalty to cause the Premises or any part thereof to be condemned or vacated. Section 5.03 Tenant shall take good care of the Premises and the Improvements and maintain the same in good order, repair and condition, reasonable wear and tsar accepted and damage by the elements. For the purposes of this Section 5.03, the term "repairs" shall include all necessary replacements, renewals, alterations, additions, betterments and any work required 11 as a condition to the continued use of the Premises, or any work required by any order of any governmental agency. All repairs made by Tenant pursuant to this Section 5.03 shall be at least equal in quality and class to the original work, and all work required by this Article V shall be performed in accordance with Section 5.04 hereof. Tenant shall also keep such roadways, parking areas and sidewalks within the Premises free and clear from rubbish and shall not obstruct the same or allow the same to be obstructed in any manner. Tenant shall indemnify and hold Landlord harmless from and against any and all claims or demands upon or arising out of the failure of Tenant to perform this covenant or arising out of any accident, injury or damage to any person or property which shall or may happen in, upon or about the Premises, or any part thereof, or the roadways or sidewalks about the Premises, however caused, and shall keep the Premises free and clear of any and all mechanics' liens or other similar liens or charges incidental to work done or material supplied in or about the Premises. Section 5.04 Subject to the other terms and provisions of this Lease, Tenant shall have the right, throughout the Term, at its own cost and expense, to construct and reconstruct on the Premises, the Improvements and all additional alterations and changes thereto and therein subject in all cases to the following: a. No Improvement shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction. Tenant may make applications for such permits and authorizations in the name of Landlord, and Landlord shall sign such applications if Landlord's signature shall be required; b. Any Improvement shall be made promptly (unavoidable delays excepted) and in good and workmanlike manner and in compliance with all applicable permits and authorizations and building and zoning laws and with all other laws, ordinances, orders, rules, regulations, and requirements, of all federal, state and municipal governments, departments, commissions, boards and officers, and in accordance with the orders, rules and regulations of the National Board of Fire Underwriters, the local Board of Fire Underwriters or any other body or bodies hereafter exercising similar functions; C. The Premises shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the Premises; d. Tenant shall obtain workmen's compensation insurance covering all persons employed in connection with the work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Premises, and general liability insurance for the mutual benefit of Landlord and Tenant in the amount of at least $1,000,000 combined single limit, shall be maintained by Tenant at Tenant's sole cost and expense at all times when any substantial work is in progress in connection with the Facility or any Improvement. All such insurance, if readily obtainable, shall be effected under standard form policies issued by insurers of recognized responsibility which are well rated by national rating organizations and have been approved in writing by Landlord, such approval not to be unreasonably withheld. Duplicates of all policies or certificates therefor issued by the respective /'ftl\ insurers, bearing notations evidencing the payment of premiums or accompanied by other evidence satisfactory to Landlord of such payment, shall be delivered to Landlord; e. Whether under the provisions of this Lease or otherwise, neither Tenant, nor any agent, employee, representative, contractor or subcontractor of either Tenant, shall have any power or authority to do any act or thing or to make any contractor agreement which will bind Landlord or which may create or be the foundation for any mechanics' lien or other lien or claim upon or against Landlord's interest in the Premises, and Landlord shall have no responsibility to Tenant or to any contractor, subcontractor, supplier, materialman, workman or other person, firm or corporation who shall engage in or participate in any construction of any improvements or in any additions, alterations, changes or replacement thereto unless Landlord shall expressly undertake such obligation by an agreement in writing signed by Landlord and made between Landlord and Tenant, or such contractor, subcontractor, supplier, materialman, workman, or other person, firm or corporation. Section 5.05 Tenant shall have the right at any time and from time to time to sell or dispose of any building machinery, equipment or fixtures subject to this Lease which may have become obsolete or unfit for use or which are no longer useful or necessary in the conduct of Tenant's use of the Premises. Section 5.06 Except for its intentional act or negligent act or omission, Landlord shall not be responsible or liable for any damage or injury on the Premises or the Improvements from steam, gas or electricity or from water, rain, or snow, whether the same may leak into, issue or flow from any part of the Improvements or from pipes or plumbing work of the same, or from any other place or quarter; nor shall Landlord be in any way responsible or liable in case of any /"'\ accident or injury including death to any of Tenant's servants, employees, agents, or to any person or persons in or about the Premises. Section 5.07 As used herein Uses shall include: A Aeronautical Facility Use Tenant's right to use in common with others, existing and future aeronautical facilities at the Airport as they may exist or be modified augmented, or deleted from time to time These facilities shall include but not be restricted to the landing areastake off areastheir extensions and additions roadways aprons and any air navrgatron facilities or other conveniences for the flying landing and takine-off of aircraft. business visitors and invitees to have ingress and egress to and from the Premises over all public rights of way to all abuttingpublic streets providing access to the Airport. ARTICLE VI Insurance Section 6.01 From and after the Commencement Date, Tenant shall, at its sole cost and expense, keep and maintain the following policies of insurance: a. Insurance on the Improvements, against loss or damage by fire and against loss or damage by other risks now embraced by the so-called broad form extended coverage M, endorsement in amounts at all times sufficient to prevent Landlord or Tenant from becoming a eok� coinsurer under the terms of the applicable policies, but in any event in an amount not less than 100% of the then full insurable value of the Improvements. The term "full insurable value" shall mean actual replacement value (exclusive of cost of excavation, foundations and footings). b. General public liability insurance, with premiums at all times paid at least one year in advance, in such amounts as Landlord may reasonably require, protecting and indemnifying Tenant and Landlord from and against any and all claims for damages to persons or property or fore loss of life or of property occurring upon, in, or about the Premises. C. Such other insurance on the Improvements and in such amounts as may from time to time be reasonably required by Landlord against other insurable hazards which at the time are commonly insured against in the case of premises similarly used and situated. Section 6.02 All insurance provided for in subsections a., b. and c. of Section 6.01, if readily obtainable, shall be effected under standard form policies issued by insurers of recognized responsibility, authorized to do business in Texas which are rated by national rating organizations and have been approved in writing by Landlord, such approval not to be unreasonably withheld. Section 6.03 Upon the execution and delivery of this Lease and thereafter not less than 30 days prior to the expiration date of each and every expiring policy theretofore famished pursuant to this Article VI, originals or duplicate originals of the policies, bearing notations evidencing the payment of premiums accompanied by other evidence satisfactory to Landlord of such payment, shall be delivered by Tenant to Landlord. Each policy delivered hereunder shall, to the extent obtainable, contain an agreement by the insurer that such policy shall not be cancelled without at least ten (10) days prior written notice to Landlord and to any mortgagee named in such policy. Section 6.04 Any and all net insurance proceeds received by or on account of Landlord and/or any mortgagee, as the case may be, under policies of insurance of the kinds described in Sections 6.01 a., b. and c. shall be delivered to Tenant to utilize in accordance with the provisions of Article VII. ARTICLE VII Damage or Destruction Section 7.01 If, at any time during the Term, the improvements or any part thereof shall be damaged or destroyed by fire or other casualty of any kind or nature, which is covered by the insurance policies described in Article VI, Tenant shall immediately notify Landlord in writing of such occurrence and shall proceed with reasonable diligence to repair, alter, restore, replace or rebuild the same as nearly as possible to their value, condition, and character immediately prior to such damage or destruction, subject to such changes or alterations as Tenant may elect to make in conformity with the provisions of Section 5.04. Such repairs, alterations, restoration, replacement or rebuilding, including such changes and alterations as aforementioned and including temporary repairs or the protection of other property pending the completion of any thereof, are sometimes referred to in this Lease as the "Repairs'; provided, however, in case more /"� than 25% of the gross floor area of the Improvements is so destroyed or damaged during the last ten (10) years of the Term, then Tenant may, at its option, terminate this Lease effective as of the date ten (10) days after written notice of Tenant's election to terminate is given to Landlord. Such termination shall be contingent upon: (i) Tenant's assigning to Landlord all of Tenant's right, title and interest in and to any and all insurance proceeds which are payable by reason of such destruction; and (ii) Tenant executing and delivering to Landlord a deed in recordable form conveying the Improvements free and clear of all encumbrances except current taxes not yet due and payable and Permitted Exceptions, together with all of Tenant's right, title and interest in and to the Premises. Section 7.02 Except as otherwise provided in this Article VII, the conditions under which any Repairs are to be performed and the method of proceeding with and performing the same shall be governed by all of the provisions of Section 5.04. Section 7.03 All insurance money payable on account of such damage or destruction under the policies of insurance provided for in Article VI, less the cost, if any, incurred in connection with the adjustment of the loss and the collection thereof (herein sometimes referred to as the "Insurance Proceeds"), shall be applied to the payment of the cost of the repairs of the Improvements to the extent such Insurance Proceeds shall be sufficient for the purpose, and shall be paid out to or for the account of Tenant. ARTICLE VIII Condemnation Section 8.01 If, at any time during the Term, title to the whole, as determined by Tenant, or substantially all of the Premises, so as to in the opinion of Tenant renders the use thereof unusable for its intended purpose shall be taken in condemnation proceedings or by any right of eminent domain, this Lease shall terminate and expire on the date of such taking and payments and charges payable hereunder shall be apportioned and paid to the date of such taking. In the event of any such taking and the termination of this Lease the award shall be distributed in accordance with the following order of priority: a. First, any Permitted Mortgagee under a Permitted Mortgage shall be entitled to receive from the award or awards made in connection with such taking the amounts required to be applied in reduction of the indebtedness secured by such Permitted Mortgage and the award or awards shall be so applied; then b. Landlord shall be entitled to receive the appraised value of the Premises, determined as if the same were vacant and unimproved by the Improvements. C. Any balance of the award or awards shall be allocated to Tenant. /00�\ The appraised value of the Premises shall be determined by an appraiser agreeable by /Ok�N Landlord and Tenant. If Landlord and Tenant cannot agree on an appraiser, each shall appoint one and if such appraisers cannot agree upon a value such appraisers shall appoint a third appraiser and his valuation shall be binding upon Landlord and Tenant. If the two appraisers cannot agree upon a third appraiser, then either Landlord or Tenant can petition a court of competent jurisdiction to appoint such third appraiser. Court costs and appraisal costs shall be borne equally by Landlord and Tenant. Section 8.02 In the event of any taking that does not cause the Lease to terminate, the Term shall not be reduced or affected in any way, and the award shall be distributed in accordance with the following order of priority: a. First, any Permitted Mortgagee under a Permitted Mortgage shall be entitled to receive from the award or awards made in connection with such taking the amount required to be applied in reduction of the indebtedness secured by such Permitted Mortgage, and the award or awards shall be so applied. b. Second, Landlord shall be entitled to receive an amount which bears the same ratio to the amount payable to Landlord in the event of a full taking under the provisions of Section 8.0l.b. as the area of the portion of the Premises taken bears to the total area of the Premises. Value shall be determined by appraisal in the came manner as if this Lease had been terminated by such taking; c. Any balance of the award or awards shall be allocated to Tenant. Tenant, at its sole cost and expense, shall proceed with reasonable diligence to repair, alter and restore the remaining part of the Premises to substantially their former condition to the extent that the same may be feasible, subject to such changes or alterations as Tenant may elect to make in conformity with the provisions of Section 5.04. ARTICLE IX Assignment Mortgane Subletting Etc Section 9.01 Subject to the provisions of this Section 9.01, Tenant may mortgage, pledge or encumber its interest in this Lease, without the consent of Landlord (a "Permitted Mortgage" and the holder there a "Permitted Mortgagee"), and may assign this Lease or sublet the Premises, in whole or in part, including individual buildings or improvements that may be located thereon. a. No mortgaging by Tenant shall be permitted unless (i) the mortgage documentation shall provide Landlord with the right to receive written notice of any default by Tenant; (H) the term of any such mortgage shall not extend beyond the termination date of the Term; and (iii) Landlord's interest in this Lease and the Premises shall at all times be and remain superior to the lien of all such mortgages. b. If Tenant shall enter into a Permitted Mortgage, Landlord agrees that in the event of a default by Tenant under this Lease, Landlord shall give notice of such default to the Permitted Mortgagee and provide the Permitted Mortgagee a reasonable opportunity to cure such default. ARTICLE X Default Provisions Section 10.01 This Lease and the Term and estate hereby granted are subject to the limitations that: a. Whenever Tenant shall default in the payment of any monies due to be paid; or b. Whenever Tenant shall d o or permit anything to be done, whether by action or inaction, contrary to any covenant or agreement on the part of Tenant herein contained or contrary to any of the covenants, agreements, terms or provisions of this Lease, or shall fail in the keeping or performance of any of the covenants, agreements, terms or provisions contained in this Lease which on the part or behalf of Tenant are to be kept or performed; or c. Whenever an involuntary petition shall be filed against Tenant under any bankruptcy or insolvency law or under the reorganization provisions of any law of like import, or a receiver of Tenant or of or for the property of Tenant shall be appointed without the r acquiescence of Tenant, and such situation under this subsection 10.0l .c. shall continue and shall remain undischarged or unstayed for an aggregate period of ninety (90) days (whether or not consecutive); or d. Whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors or shall file a voluntary petition under any bankruptcy or insolvency law, or whenever any court of competent jurisdiction shall approve a petition filed by Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law or like import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law or like import, or whenever Tenant shall desert or abandon the Premises; or e. Whenever Tenant shall be in default under any Permitted Mortgage: Then, with regard to any such default, Landlord shall have the right, at its option, to terminate this Lease, provided Landlord shall notify Tenant of said default, allow Tenant a thirty (30) day period in which to cure said default and shall further notify Tenant of Landlord's intention to exercise its option to terminate this Lease if said default is not cured within said thirty (30) day period. if such default is one arising under subsection 10.01 b., however, Tenant shall not be in default of this Lease if Tenant commences to cure the default within said thirty (30) day period and diligently and in good faith continues to cure the default. 10 Section 10.02 Upon any expiration or earlier termination of the Term, Tenant shall peaceably quit and surrender the Premises and the Improvements to Landlord and shall, on demand of Landlord, execute and deliver to Landlord the documents and materials referred to in Section 3.03 and Section 3.04, and Landlord may without further notice enter upon, re-enter, possess and repossess itself thereof by summary proceedings, ejectment or otherwise, and may dispossess and remove Tenant and all other persons and property from the Premises and may have, hold and enjoy the Premises and the right to receive all rental and other income of and from the same, including but not limited to overdue and unpaid rental and other income. Section 10.03 Upon the occurrence of any event of default on the part of Tenant, as set forth in this Article X beyond any period to use the same as set forth in this Lease, Landlord shall have the following rights and remedies: a. Landlord may enter into and upon the Premises and do all things deemed necessary or desirable by Landlord in order to cure any such default, and Tenant shall pay Landlord, on demand, all sums expended by Landlord in curing or attempting to cure any such default. b. This Lease at Landlord's sole option, shall continue in effect until Landlord terminates Tenant's right to possession by notice to Tenant as provided herein and Tenant shall remain liable to perform all of its obligations under this Lease and Landlord may enforce all of Landlord's rights and remedies. If Tenant abandons the Premises or fails to maintain and protect the same as herein provided, Landlord shall have the right to do all things fo`l necessary or appropriate to maintain, preserve and protect the Premises, including the installation of keepers or guards, or the appointment of a receiver, and may do all things appropriate to a reletting of the Premises, including the posting of signs, and none of said acts shall be deemed to terminate Tenant's right of possession, unless Landlord elects to terminate the same by written notice to Tenant. Tenant agrees to reimburse Landlord on demand for all amounts reasonably expended by Landlord in maintaining, preserving and protecting the Premises and, in the case of the appointment of a receiver, reasonable attorney's fees and costs. c. Landlord shall have the • right to terminate Tenant's possession of the Premises, and if Tenant's right to possession of the Premises is terminated by Landlord, Tenant agrees to pay to Landlord on demand all amounts due Landlord from Tenant under the terms of this Lease. d. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy herein or by law provided, but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. C. No waiver by Landlord of any breach by Tenant of any of Tenant's obligations, agreements or covenants herein shall be a waiver of any subsequent breach or of any obligation, agreement or covenant, nor shall any forebearance by Landlord of any rights and remedies with respect to such or any subsequent breach. 11 ARTICLE XI Landlord's Right to Perform — Cumulative Remedies — Waivers Section 11.01 If Tenant shall fail to pay any Imposition or make any other payment required to be made under this Lease, or shall default in the performance of any other covenant, agreement, term, provision or condition herein contained, Landlord, without being under any obligation to do so and without waiving such default, may make such payment and/or remedy such default at the expense of Tenant, immediately and without notice in the case of emergency, or in any other case only provided Tenant shall fail to make such payment, or remedy such default with all reasonable dispatch after Landlord shall have notified Tenant in writing of such default. Bills for any expense incurred by Landlord in connection therewith, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including reasonable counsel fees, involved in collection or endeavoring to collect the same shall be paid by Tenant. Section 11.02 Landlord may restrain any breach or threatened breach of any covenant, agreement, term, provision or condition herein contained, but the mention herein of any particular remedy shall not preclude Landlord from any other remedy it might have, either in law or in equity. The failure of Landlord to insist upon the strict performance of any one of the covenants, agreements, terms, provisions and conditions of this Lease or to exercise any right, remedy or election herein contained or permitted by law shall not constitute or be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition, right, remedy or election, but the same shall continue and remain in full force and effect. Any right or remedy of Landlord specified in this Lease and any other right or remedy that Landlord may /"kN have at law, in equity or otherwise, upon breach of any covenant, agreement, term, provision or condition contained in this Lease upon the part of the Tenant to be performed, shall be distinct, separate and cumulative rights or remedies, and no one of them, whether exercised by Landlord or not, shall be deemed to be in exclusion of any other. f"\ ARTICLE 3111 Miscellaneous Section 12.01 Whenever herein the singular number is used, the same shall include the plural, and vice versa, and the neuter gender shall include the feminine and/or masculine genders, and vice versa, as the context shall require. The article and section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof. This Lease may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. ARTICLE )CM Notice of Lease Section 13.01 This Lease shall not be recorded by any party. Landlord and Tenant shall each execute and deliver to the other a notice of this Lease, in recordable form for the purpose of evidencing this Lease of record. 12 ARTICLE)UV Impairment of Landlord's Title Section 14.01 Landlord shall not mortgage or encumber its interest in the Premises or any portion thereof or interest therein or in this Lease. Section 14.02 Nothing in this Lease contained nor any action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant any right, power or permission to do any act or to make any agreement which may create, give rise to, or be the foundation for, any right, title, interest, lien, charge or other encumbrance upon the estate of Landlord in the Premises. ARTICLE XV Quiet Enjoyment Section 15.01 Landlord covenants that if and so long as Tenant is not in default hereunder beyond any period permitted herein to cure the same, Tenant shall quietly enjoy the Premises without hindrance or molestation by Landlord or any other party. The person executing this Lease for Landlord, and Landlord both warrant be is duly authorized to execute the same. ARTICLE XVI Waiver of Jury Trial Section 16.01 The parties hereto waive a trial by jury of any and all issues arising in any action or proceeding between them or their respective hens, executors, administrators, successors or assigns under or connected with this Lease or any of its provisions or any negotiations in connection therewith or Tenant's use or occupation of the Premises. ARTICLE XVII Notices Section 17.01 All notices, demands, requests or other communications which may be or are required to be given, served or sent by either party to the other shall be in writing and shall be deemed to have been properly given or sent. a. If intended for Tenant: By a personal delivery to Tenant or by mailing by registered or certified mail with postage prepaid and return receipt requested, addressed to Tenant as follows: 1005 Shoreline Lane Port Lavaca, TX 77979 Attn: Dianna L. Stanger n 13 /"k) f"'\ With a copy to: Byrne & Storm, P.C. 330 Main Street Hartford, CT 06106 Attn: James F. Byrne b. If intended for Landlord: By a personal delivery to Landlord or by mailing by registered or certified mail with postage prepaid and return receipt requested, addressed to Landlord as follows: Either party may designate by notice to the other a new address to which any Notices may hereafter be so given, served or sent. Each notice which shall be mailed by United States registered or certified mail to Landlord or Tenant in the manner aforesaid shall be deemed effective as of the date of receipt set forth on the return receipt or on the date of acknowledgment of a personal delivery. The inability to deliver because of a changed address of which no notice was given, or rejection or other refusal to accept any notice shall be deemed to be the receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. Section 17.02 If a request is received in writing by Landlord or Tenant for a consent or approval required under this Lease or for information to which the party making such request shall be entitled, the party receiving such request shall act with reasonable promptness thereon and shall not unreasonably delay notifying the party making such request as to the granting or withholding of such consent or approval or furnishing to such party the information requested. ARTICLE XVIII Invalidity of Particular Provisions — construction Section 18.01 If any term or provision of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. Section 18.02 This Lease shall be construed and enforced in accordance with the laws of the State of Texas. 14 ARTICLE X1X Covenants Binding Section 19.01 The covenants, agreements, terms, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the successors and assigns of Landlord and, except as otherwise provided herein, the heirs, executors, administrators and permitted assigns of Tenant. This Lease may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement or any waiver, change, modification or discharge is sought. ARTICLE XX Relationship Section 20.01 Nothing contained in this Lease shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computations of rent nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the date first above written. smoa,A-64\c,nmdr�1 CALHOUN COUNTY, STATE OF TEXAS By:� jj , Michael J. fe'iferVCc my Judge CALHOUN AIRPORT LEASING, LLC By: 15 W 110 fo"\ 1.13 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF CALHOUN BEING a 1.13 acre tract of land situated m the Abstract 17, Valentine Garcia Survey, Calhoun County, Texas and being out of Tract 30 of the Phillips Investment Company Subdivision as recorded in Volume Z, Page 35, Slide 30 A/B of the Plat Records of said county and being out of that certain 159.84 acre tract described as Tract 2 in that certain Motion For Judgment Cause No. 783 dated August 14, 1964 styled State of Texas at. al vs. Holioman Lands Company and recorded in Volume 278, Page 29 of the Deed Records of said county and this 1.13 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a set 5/8 inch iron rod in the approximate northeast line of Airport Road for the most westerly comer of the herein described ttuct, said iron rod being located North 350 00' 00" West a distance of 1974.00 feet and North 55° 00' 00" East a distance of 120.00 feet from an existing'/4 inch iron pipe at the most southerly corner of the above mentioned 159.84 acre tract described as Tract 2; THENCE North 55° 00' 00" East for a distance of 297.81 feet to a set 5/8 inch iron rod for the most northerly corner of the herein described tract; THENCE South 350 00' 00" East for a distance of 165.00 feet to a set 518 inch iron rod for the most easterly comer of the herein described tract; THENCE South 550 00' 00" West for a distance of 297.81 feet to a set 5/8 inch iron rod in the approximate northeasterly line of the aforementioned Airport Road for the most southerly comer of the herein described tract; THENCE North 35° 00' Qo" West with the approximate northeast line of said Airport Road for a distance of 165.00 feet to the POINT OF BEGINNING, Containing 1.13 acre of land. Bearings are based on bearings of record as recorded in Volume 278, Page 29 of the Deed Records of Calhoun County, Texas. Reference is made to that plat accompanying this legal description. The above legal description is based on an actual survey made on the ground under my supervision in March 2005. Ganem Kelly Survey! yGeogeKrao. r. Registered Professional Land Surveyor Texas No. 4681 Pco"59 pgo 3 N'"I➢ 1?.XHIBIT A ■ 2554.30' ) S35`00-00-E 1014.00' TAT THE 4H FOUND PIPE SOUTHCORDER Of TRACT NO. 2 ( 150.54 ACRE TRACT) 0 AIRPORT ROAD t'e oo'oo"W 165.00' IC r + O W M m r _ m A m BAN o o � f ' e _ c) c y 00'00"E y n y W � k \ (�•� § J , ; }\; NOTICE TO LEASE Pursuant to a lease (the "Lease") of even date herewith, Calhoun County, State of Texas, a governmental entity (the "Landlord") entered into a ground lease with Calhoun Airport Leasing, LLC, a Texas limited liability company (the "Tenant") for real property (the "Premises") and related rights with respect to Calhoun County Airport (the "Airport") located in Calhoun County, Texas; such Premises being more particularly described in Exhibit A hereto. The term of the Lease is to commence on the date hereof and to terminate twenty (20) years thereafter. The Tenant has an additional right to renew the Lease for an additional term of ten (10) years. The Lease includes: (a) the right of ingress and egress to and from the Airport from the Premises over all public rights of way to all abutting public streets providing access to the Airport; and (b) Tenant's right to use, in common with others, existing and future aeronautical facilities at the Airport as more particularly described in the Lease. A copy of the Lease is on file at the offices of Tenant at 1005 Shoreline Lane, Port Lavaca, Texas 77979. IN WITNESS WHEREOF, the parties hereto have signed this Notice of Lease as of this 24 day of March 2005. CALHOUN COUNTY By Michael J. P'e f , ounty Judge CALHOUN AIRPORT LEASING, LLC By �C a 9 Dianna L. Sta ger, Manager 474: COUNTY OF CALHOUN ) SS: STATE OF TEXAS Before me on this day personally appeared Michael J. Pfeifer , known to me (or proved to me on the oath of ) to be the person whose name is subscribed to the foregoing instrument, and known to me to be the County Judge of Calhoun County, a governmental entity, and acknowledged to me that he/she executed said instrument for the purposes and consideration therein expressed, and as the act of said governmental entity. Given under my hand and seal of office this 24th day of March 2005. Susan RNyr " NoWy PubVA State of Taxes µy Cotmcdselon Expkes: a� 19, 200t! Notary Public, State of Texas APFUName: Susan Riley My Commission Expires: 04-18-2008 COUNTY OF CALHOUN SS: STATE OF TEXAS Before me on this day personally appeared Dianna L. Stanger, known to me (or proved to me on the oath of Dianna L. Stanger) to be the person whose name is subscribed to the foregoing instrument, and known to me to be the Manager of Calhoun Airport Leasing, LLC, a Texas limited liability company, and acknowledged to me that she executed said instrument for the purposes and consideration therein expressed, and as the act of said limited liability company. Given under my hand and seal of office this .(�t'� day of � P 6 1— , 2005. n Ir SUSAN H. HATFIELD Notary Public State of Tams My Commission Expires /a�Qo October 24, 2000 S=ga\44wo6ro to t.mu Notary Public, State Name: My Commission Expires: /°'F\ 1.13 ACRE TRACT LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF CALHOUN 17, BEING a 1.13 atract of land shuated in the Valentine Garcia SmveY, Abstract cre n Calhoun County, Texas and being out of Tract 30 of the Phillips Investment Company Subdivision as recorded in Volume Z, Page 35, Slide 30 AB of the Plat Records of said county and being mrt of that certain 159.84 acre tract described as Tract 2 in that certain Motion For Judgment Cause No. 783 dated August 14, 1964 styled State of Texas et. al. vs. Hofloman Lends Company and recorded in Vohrme 278, Pager described by Records of said county and thus 1.13 acre tract being more particularly metes and bounds as follows; BEGINNING at a set 5/8 inch iron rodin the approximate northeast line of Airport Road for the most westerly comer of the herein described tract, said iron rod being located North 35" 00' 00" West a distance of 1974.00 feet and North 55° OV 00" East a distance of 120.00 feet from an existing 1/, inch iron pipe at the most southerly comer of the above mentioned 159.84 acre tract described as Tract 2; THENCE North 55° 00' 00" East for a distance of 297.81 feet to a set 5/e inch icon rod for the most northerly comer of the herein described tram; THENCE South 35" 00' OD" East for a distance of 165.00 feet to a set 519 inch iron rod far the most easterly comer of the herein described tract; THENCE South 55" 00' OD" West for a distance of 297.81 feet to a set 518 inch iron rod is the approximate northeasterly line of the aforementioned Airport Road for the most southerly cornet of the herein described tract; THENCE North 350 00' 00" West with the approximate northeast ime of said Airport 3 Road for a distance of 165.00 feet to the POINT OF BEGINNING, Containing acre of land. Bearings are based on bearings of record as recorded in Volume 279, Page 29 of the Deed Records of Calhoun County, Terns. Reference is made to that plat accompanying this legal description The above legal description is based on an actual survey made on the ground under my supervision in March 2005. AKelly Surveyi y;ge A. Gann, r. Registered pmf,,joW Land Surveyor Texas No. 4681 PM5-059 a m m m ci mi�m v •• >m> At0 mt mnmN � zip nm ' o z" o mm a'a opx m mm v p9m m m cy �ma - o o ma s m z �= K2 TT 6 in 9y yx WC mn O �m R E=IT A 635.00'01RT4.00' TO A IRON PIPE FOUND HE S m AT DDTP CORNER OF TRACT No. E 4 16 Y.64 ACRE TRACT) AIRPORT ROAD q DO'0D"W 165.00' ' m x o C 0 i •� h1 i Z x m > m 0 o y + m rn m m Y o o > N v P ZD N p u ZD p y ci m o� Y y 535.00'00"E 165.00' J Calhoun County Commissioners' Court —November07, 2018 7. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 7) To award bid for Bulk Fuel to be delivered for the period beginning November 16, 2018 and ending December 28, 2018. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vein Lyssy, Commissioner Pct 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 5 of 21 AGENDA ITEM Wednesday, November 7, 2018 Consider and take necessary action to award bid for Bulk Fuel to be Delivered for the period beginning November 16, 2018 and ending December 28, 2018. N W v m a) m r 0 0 0 z e y N bD 0 m a7 m r O 0 0 0 PC T T a a r�i ern N xm x C O W N O N O o a o a 'rl C m r 00 C r- m r m w m 0 CALROUN COUNTY, TEXAS BID SHEET- FUEL -BULK DELIVERED Y d, Y BIDDER DIEBEL OIL CO IN SAM DIEBEL PO BOX 71 PORTLAVACA TX 77070 BID ITEM FUEL -BULK DELIVERED PERIOD FROM: NOVEMBER 16, 2018 PERIOD TO: DECEMBER 28, 2018 YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: MICHAEL PFEIFER, CALHOUNCOUNTYJUDGE, 211 SANNST, 3RD FLOOR, ROOM301, PORTLAVACA TX77P7P BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID- FUEL-BULKDELIVERED B BIDS ARE DUE AT THE JUDGE'S OFFICE ON OR BEFORE: 10.00AM, THURSDAY, NOVDWER 1, 2018 BIDS WILL BE AWARDED AT THE COMMISSIONERS' COURT MEETING ON: WEDNESDAY, NOVEMBER 7, 201B THE CLOCK IN THE COUNTY JUDGE'S OFFICE IS THE OFFICIAL CLOCK THAT WILL BE USED IN DETERMINING THE TIME THAT A BID IS RECEIVED AND THE TIME THAT BIDS WILL BE OPENED. BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO BIDDER. THE COMMISSIONERS' COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, TO ACCEPT THE BID DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY AND TO BE THE SOLE JUDGE IN DETERMINING WHICH BIDS WILL BE MOST ADVANTAGEOUS TO THE COUNTY, THE COUNTY OF CALHOUN, TEXAS IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER. THE COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR HANDICAPPED STATUS IN BID ITEM.• FUEL -BULK DELIVERED DEPARTMENT.• VARIOUS DELIVERY FOB COUNTY FUEL TANKS DESTINAT/ON VARIOUS — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — sPEcocAvws: DIESEL FUEL >>DELIVERY must be made within 24 hours after receiving order from the County Department in the quantity ordered. If vendor cannot deliver within 24 hours or refuses to deliver, the County Department will order from the next lowest bidder. >>PRICE Per Gallon MUST INCLUDE all fees and charges including all Taxes/Fees the County is not exempt from (for example: $0.20 State Excise Tax, State Delivery/Environmental Fees, Federal Oil Spill Recovery Fees and Federal LUST Tax) >>FREE FROM WATER AND SUSPENDED MATTER UNIT UNIT PRICE GALLON C218 1`1T ----------------------------------------------- L��Ztii�Si��J�1Jr >>DELIVERY must be made within 24 hours after receiving order from the County Department in the quantity ordered. If vendor cannot deliver within 24 hours or refuses to deliver, the County Department will order from the next lowest bidder. >>PRICE Per Gallon MUST INCLUDE all fees and charges Including all Taxes/Fees the County is not exempt from (for example: $0.20 State Excise Tax, State Delivery/Environmental Fees, Federal Oil Spill Recovery Fees and Federal LUST Tax) >>FREE FROM WATER AND SUSPENDED MATTER AND A MINIMUM OCTANE OF 87 (AVERAGE METHOD) UNIT UNIT PRICE GALLON L (BELOW TO BE COMPLETED BYBIDDER% AUTHORIZED -' �L 4 AUTHORIZEDRED SIGNATURE AND ^ TITLE: � PRINT NAME Axe., 1 lI IE L� E L_ TRI PHONE NUMBER: z55a' 3 22 24 PLEASE LIST ANY EXCEPTIONS TO THE ABOVE SPECIFICATIONS: Calhoun County Commissioners' Court— November 07, 2018 8. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 8) To approve specifications and authorize the County Auditor and G&W Engineers, Inc. to advertise for bids for Calhoun County Roof Repairs. A mandatory pre -bid meeting will be held at 10:00 A.M., Tuesday, November 27, 2018 beginning at G&W Engineers, Inc., 205 W. Live Oak St., Port Lavaca, Texas. Bids will be d on or before 10 A.M. Tuesday, December 11, 2018 and considered for award Wednesday, December 19, 2018. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster PLEASE SEE MEETING MINUTES FOR ORIGINAL IN THE COUNTY CLERK'S OFFICE. Page 6 of 21 Calhoun County Commissioners' Court —November07, 2018 9. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 9) To approve specifications and contract and authorize the County Auditor to advertise for bids on Inmate Food Services for the period beginning January 1, 2019 and ending December 31, 2019 with the option to renew yearly upon Commissioners' Court approval. Bids will be due Thursday, December 06, 2018 and considered for award on Wednesday, December 19, 2018.(MP) RESULT: APPROVED [UNANIMOUS] MOVER: Vein Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 7 of 21 no Agenda Item for Commissioners' Court — Wednesday, November 7, 2018 Consider and take necessary action to approve specifications and contract and authorize the County Auditor to advertise for bids on Inmate Food Services for the period beginning January 1, 2019 and ending December 31, 2019 with the option to renew yearly upon Commissioners' Court approval. Bids will be due Thursday, December 6, 2018 and considered for award on Wednesday, December 19, 2018. CALHOUN COUNTY, TEXAS 2019e01=12 INMATE FOOD SERVICES BID PERIOD: JANUARY 1, 2019 thru DECEMBER 31, 2019 * With the option to renew yearly upon Commissioners' Court approval Each yearly renewal must be approved by Commissioners' Court prior to the end date of the contract u [CUT PEGGY HALL CRISTINA P TUMOR 202 SANNST,STE8 DEMICABRERA CARBIDE VILLARREAL PORT LAVACA, TEKAS 77979 ERICA PEREZ 1"ASSISTANT AUDITOR TELEPHONE 1361) 5534610 FAN (36115534614 ASSISTANT AUDITORS INVITATION TO BID 2019.01-12 INMATE FOOD SERVICES JANUARY 1, 2019 thru DECEMBER 31, 2019 With the Option to Renew Yearly, Upon Commissioners' Court Approval Each yearly renewal must be approved by Commissioners' Court prior to the end date of the contract Calhoun County Commissioners' Court is accepting sealed bids for Inmate Food Services. BID PACKAGES: May be obtained at the Calhoun County Auditor's Office. Peggy Hall, Assistant Auditor Calhoun County Courthouse Annex II 202 S. Ann St., Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Email: Peggy. ha ll@calhouncotx.or BIDS DUE: By 2:00 PM, THURSDAY, DECEMBER 6, 2018 DELIVERY ADDRESS: Michael Pfeifer, County Judge Calhoun County Courthouse 211SAnn St 3`d Floor, Suite 301 Port Lavaca TX 77979 The outside of the 9 x 12 or larger envelope must be clearly marked: SEALED BID — INMATE FOOD SERVICES BID OPENING: Public bid opening will be conducted in the County Judge's Office, Calhoun County Courthouse, 3`d Floor, Suite 301, Port Lavaca, Texas CONTENTS Return Instructions General Conditions Specifications for Inmate Food Services Contract (Duplicate — 2 Contracts to Fill in and Sign) Grocery Pricing List Vendor and Contact/Order Information Form Contact Information for Calhoun County Adult Detention Center CIN PEGGY HALL CRISTINA P TOWN 202 S ANN ST, STE B BEMI CAB6ERA CANDICE VILIARREAL PORT LAVACA, TEHAS 77979 ERICA PEREZ 1fTASSISTANTAUOITOR TELEPHONE 136115534610FAX13611553.4614 ASSISTANTAUBITORS RETURN INSTRUCTIONS For Submitting a Bid for 2019.01-12 Inmate Food Services Return the following by 2:00 PM, THURSDAY, DECEMBER 6, 2018• The below information (1-4) must be returned by the time and date due. Failure to return the following information will void the bid. 1. Grocery Pricing List 2. Filled in and Signed Contract — 2 Originals — Return Both 3. Form 1295 (see General Conditions, page 5) * On #3 on Form 1295 put the following: 2019.01-12 Inmate Food Services 4. Vendor/Contact/Order Information Form * Do Not Fold * Bid information must be returned in a sealed 9 x 12 or larger envelope clearly marked: "Sealed Bid — Inmate Food Services" * If you send your bids by UPS, FEDEX, etc, the outside of this Envelope must be clearly marked: "Sealed Bid — Inmate Food Services" CALHOUN COUNTY, TEXAS GENERAL CONDITIONS Read all documents carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. General Conditions apply to all advertised bids, proposals or contracts; however these may be superseded in whole or in part by the scope, special requirements, specifications or special sections of Texas Government Code and/or Texas Local Government Code. Governing Law: Bidder is advised that the Invitation to Bid, Request for Proposal or Contract shall be fully governed by the laws of the State of Texas and that Calhoun County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of the Invitation to Bid, Request for Proposal or Contract. All parties agree that the venue for any litigation arising from this Invitation to Bid, Request for Proposal and/or Contract shall be held in Port Lavaca, Calhoun County, Texas. Bid, Proposal and/or Contract Form Completion: Once a bid, proposal and/or contract is released for bidding, Calhoun County will not answer any questions except through an addendum that has been approved by Commissioners' Court or at a mandatory pre -bid meeting. Fill out, sign, and return to the Calhoun County Judge's Office the required number of bid forms, proposal forms, and/or contracts, and any other required information by the day and time the bid, proposal and/or contract is due. The bid, proposal and/or contract must be signed and dated by an officer (or employee) who is duly authorized to execute this bid, proposal and/or contract, and that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other vendor, and that the contents of this bid, proposal and/or contract as to prices, terms or conditions of said bid have not been communicated by the individual signing nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid, proposal and/or contract. The use of liquid paper or white out is not acceptable and may result in the disqualification of the bid, proposal and/or contract. If an error is made, the vendor must draw a line through the error and initial each change. All responses typed or handwritten must be clear and legible. Bid. Proposal and/or Contract Return: On or before the due date and time, the vendor must return all comp►eted bids, proposals and/or contracts and required information and copies to the Calhoun County Judge's Office, 211 S. Ann St., 3`d Floor, Suite 301, Port Lavaca, Texas. The clock in the County Judge's office is the official clock that will be used in determining the time the bid, proposal and/or contract is received and the time the bid, proposal and/or contract will be opened. A late delivery with an early postmark will not suffice. Calhoun Page 1 of 9 County will not be responsible for the delivery of your bid, proposal and/or contract to the office of the County Judge. Calhoun County is not responsible for late deliveries due to mail, carrier, etc. Calhoun County does not accept faxed or emailed bids, proposals and/or contracts. If you would like to confirm the delivery of your bid, proposal and/or contract, you may call the County Judge's office at 361-553-4600. Late bids, proposals and/or contracts will not be accepted. All late bids, proposals and/or contracts will be returned unopened to the bidder. Bid, proposal and/or contract must be submitted in a sealed 9 x 12 or larger envelope, addressed as follows: Michael Pfeifer, Calhoun County Judge, 211 S. Ann St., 3`d Floor, Suite 301, Port Lavaca, TX 77979. The outside of the envelope must be clearly marked: SEALED BID (PROPOSAL) and the name of the bid or proposal must also be clearly stated. Withdrawal of BID, Proposal and/or Contract: A vendor may withdraw their bid, proposal and/or contract before County acceptance of the bid, proposal and/or contract without prejudice to the vendor, by submitting a written request for its withdrawal to the County Judge and mail or hand deliver to the address the bid, proposal and/or contract was submitted to. A bid, proposal and/or contract that were opened are not subject to amendment, alteration, or change for the purpose of correcting an error in the bid, proposal and/or contract price. Bids, proposals and/or contracts containing an error may be offered "as is" or withdrawn by the vendor in accordance with applicable State Laws. Bid. Proposal and/or Contract Opening and Award: Vendors are invited to be present at the opening and awarding of the bid, proposal and/or contract. Governing Forms: In the event of any conflict between the terms and provisions of these conditions and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Calhoun County's interpretation shall govern. Addendums: When specifications are revised, the Calhoun County Auditor's Office will send each vendor that received a bid, proposal and/or contract package the addendum once it has been approved by Commissioners' Court. No addendum can be sent out until the Commissioners' Court has approved the addendum. Hold Harmless Agreement: Successful vendor shall defend, indemnify and hold Calhoun County and its officers, agents, and employees harmless from all suits, actions, or for personal injury, death and/or property damage arising from any cause whatsoever, resulting directly or indirectly from vendor's performance. Vendor shall procure and maintain, with respect to the subject matter of this bid, proposal and/or contract, appropriate insurance coverage including, as a minimum, general liability and property damage, workers' compensation, employers liability and auto insurance Page 2 of 9 with adequate limits to cover vendor's liability as may arise directly or indirectly from work performed under terms of this bid, proposal and/or contract. Certification of such coverage must name Calhoun County as an additional insured and be provided to the County upon request. Waiver of Subrogation: Vendor and vendor's insurance carrier waive any and all rights whatsoever with regard to subrogation against Calhoun County as an indirect party to any suit arising out of personal or property damages resulting from vendor's performance under this agreement. Bonds: If this bid or proposal requires submission of bid or proposal guarantee and performance bond, there will be a separate page explaining those requirements. Bids or proposals submitted without the required bid bond or cashier's checks are not acceptable. Taxes: Calhoun County is exempt from all federal excise taxes and sales tax (state, city and county sales tax). Tax exempt forms will be furnished upon request to the Calhoun County Auditor's Office. Pricing: Prices for all goods and/or services shall be firm for the duration of this bid, proposal and/or contract and shall be stated on the bid sheet, proposal and/or contract. Prices shall be all inclusive. All prices must be written in ink or typewritten. Pricing on all transportation, freight, and other charges are to be prepaid by the vendor and included in the bid, proposal and/or contract prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, vendor must indicate the items required and their costs or forfeit the right to payment for such items. Inspections: Calhoun County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department before accepting them. Testing: Calhoun County reserves the right to test equipment, supplies, materials and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection. Awards: Calhoun County reserves the right to award this bid, proposal and/or contract on the basis of lowest and best bid, proposal and/or contract that met specifications in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one vendor, to reject any or all bids, proposals and/or contracts and to be the sole judge in determining which bid, proposal and/or contract will be most advantageous to Calhoun County. An award is final only upon formal execution by the Calhoun County Commissioners' Court. Page 3 of 9 In the event of tie bids, proposal and/or contracts, the winning bid, proposal and/or contract is determined per the Texas Local Governmental Code 262.027(b). Calhoun County, Texas is an Equal Employment Opportunity Employer. The County does not discriminate on the basis of race, color, nation origin, sex, religion, age or handicapped status in employment or the provision of services. Assignment: The successful vendor may not assign, sell or otherwise transfer this bid, proposal and/or contract without written permission of Calhoun County Commissioners' Court. Term of Bids, Proposals and/or Contracts: If the bid, proposal and/or contract are intended to cover a specific time period, said time will be given in the specifications and/or instructions. Bid, Proposal and/or Contract Obligation: Calhoun County Commissioners' Court must award the bid, proposal and/or contract. If a contract is required, the County Judge or other person authorized by Commissioners' Court must sign the contract before it becomes binding on Calhoun County. Delivery: All items shall be shipped F.O.B. inside (or site location) delivery unless otherwise stated in the specifications. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the County to purchase supplies from the next lowest bidder that met specifications. Reiections: Articles not in accordance with samples and specifications must be removed by the vendor at the vendor's expense. All disputes concerning quality of supplies, products, and/or services delivered under this bid, proposal and/or contract will be determined by Commissioners' Court or their designated representative. Termination: Calhoun County reserves the right to terminate the bid, proposal and/or contract for default if the vendor breaches any of the terms therein, including warranties of vendor or if the vendor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Calhoun County's satisfaction and/or to meet all other obligations and requirements. Bids, proposals and/or contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified. The vendor or Calhoun County must state therein the reasons for such cancellation. Calhoun County reserves the right to award cancelled bid, proposal and/or contract to the next lowest and best vendor that met specifications and is deemed to be in the interest of the County. Page 4 of 9 Delinquent Property Taxes: Calhoun County reserves the right to reject any bid, proposal and/or contract submitted by a vendor owing delinquent property taxes to Calhoun County, Texas. Certificate of Interested Parties — Form 1295 Section 2252.908 was added to the Government Code by the 84`h Texas Legislature through adoption of House Bill 1295. Senate Bill 255 adopted by the 851h Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal: https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The law states that a County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) has been completed and provided to the County at the time the contract is considered for action by Commissioners' Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract (bids and/or proposals also require Form 1295). The law does not apply to a contract, bid and/or proposal between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within thirty (30) days of approving a contract with a business entity. Governmental transparency is the objective of the law. A business entity will generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. An authorized agent of the business entity must sign the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct. Calhoun County Commissioners' Court will not consider for action any bid, proposal and/or contract with a business entity unless it is accompanied by a completed, signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. No later than thirty (30) days after Calhoun County Commissioners' Court approves a contract or awards a bid or proposal with a business entity, the County Clerk will file acknowledgement Page 5 of 9 of receipt of the Form 1295 with the Texas Ethics Commission. The Texas Ethics Commission will post the completed Form 1295 to its website within seven (7) business days after Calhoun County acknowledges receipt of the form. Debarment: Vendor certifies that at the time of submission of its bid, proposal and/or contract, vendor was not on the federal government's list of suspended, ineligible or debarred vendors and that vendor has not been placed on this list between the time of its bid, proposal and/or contract submission and the time of execution of the bid, proposal and/or contract. If vendor is placed on this list during the term of the bid, proposal and/or contract, the vendor shall notify the Calhoun County Auditor. False certification or failure to notify may result in termination of the bid, proposal and/or contract for default. Invoices and Payments: All invoices are subject to approval by the County Auditor's Office. Invoices shall be itemized and free of federal excise taxes and sales tax (state, city and county sales tax). Payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the County Treasurer's Office by the deadline time and date set forth by the Treasurer's office. No payment can be made or mailed out until approved by Commissioners' Court. Purchase order due dates/times and Commissioners' Court dates/times are subject to change. Calhoun County's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render the order null and void to the extent funds are not available and any delivered but unpaid goods will be returned to the seller by the county. Gratuities: Calhoun County may, by written notice to the vendor, cancel any order and/or service without liability, if it is determined by the County that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the vendor, or any agent or representative of the vendor to any officer or employee of Calhoun County with a view toward securing an order and/or service. In the event an order and/or service is canceled by the County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by vendor in providing such gratuities. Warranty Product: Vendor shall not limit or exclude any implied warranties and any attempt to do so shall render an order voidable at the option of the County. Vendor warrants that the goods and/or services furnished will conform to the specifications, drawings, and description listed in the bid invitation, proposal and/or contract and to the sample(s) furnished by vendor if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. Page 6 of 9 Cancellation: Calhoun County shall have the right to cancel for default all or any part of the undelivered portion of an order and/or services if vendor breaches any of the terms hereof including warranties of vendor, or if the vendor becomes insolvent or files for protection under the bankruptcy laws. Such rights of cancellation are in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Force Maieure: Force Majeure means a delay encountered by a party in the performance of its obligations under this Agreement, which is caused by an event beyond the reasonable control of that party. Without limiting the generality of the foregoing, "Force Majeure" shall include but not be restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. In the event of a Force Majeure, the affected party shall not be deemed to have violated its obligations under this Agreement, and the time for performance of any obligations of that party shall be extended by a period of time necessary to overcome the effects of the Force Majeure, provided that the foregoing shall not prevent this Agreement from terminating in accordance with the termination provisions. If any event constituting a Force Majeure occurs, the affected party shall notify the other parties in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. Waiver: No claim or right arising out of a breach of any bid, proposal and/or contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Applicable Law: This agreement shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas and in effective on the date of bid, proposal and/or contract. Prohibition against Personal Interest in Bids. Proposals and/or Contracts: No officer or employee of the County shall have financial interest, direct or indirect, in any bid, proposal and/or contract with the County, or shall be financially interested, directly or indirectly, in the sale to the County of any land, materials, supplies, or service, except on behalf of the County as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall be subject to disciplinary action under applicable laws, statutes and codes of the State of Texas. Any violation of this section, with the knowledge, expressed or implied of the person or corporation contracting with the County shall render the bid, proposal and/or contract involved voidable by the Calhoun County Commissioners' Court. Insurance: Before commencing work, the successful vendor shall be required, at his own expense, to furnish the Calhoun County Auditor within ten (10) days of notification of award with a Page 7 of 9 certificate of insurance showing the following insurance coverage to be in force throughout the term of the bid, proposal and/or contract: General Liability ($100,000/$300,000 or greater) Workers' Compensation (at Statutory Limits) Employers Liability ($1,000,000 or greater) Auto Insurance ($100,000 BIPP/$300,000 BIPO/$100,000 PD or greater) The certificate must reflect that Calhoun County is an additional insured on the General Liability coverage. Each insurance policy to be furnished by successful vendor shall include, by endorsement to the policy, a statement that a notice shall be given to the Calhoun County Auditor by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. OSHA Requirements: The vendor or contractor hereby guarantees to Calhoun County, Texas that all materials, supplies, equipment or services listed on the bid, proposal and/or contract, purchase order or invoice meets the requirements, specifications and standards as provided for under the Federal Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. Protest Procedures: All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. Any actual or prospective vendor who believes they are aggrieved in connection with or pertaining to a bid, proposal and/or contract may file a protest. The protest must be delivered in writing to the Calhoun County Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: Name, mailing address and business phone number of the protesting party; Appropriate identification of the bid, proposal and/or contract being protested; A precise statement of the reasons for the protest; and Any documentation or other evidence supporting the protest and any alleged claims. The County Auditor's Office will attempt to resolve the protest, including at the County Auditor's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Commissioners' Court. If the County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review such documentation and information. If additional information is required, Commissioners' Court will notify the protesting party to provide such information. The decision of Commissioners' Court will be final Page 8 of 9 Public Information Act: All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. CALHOUN COUNTY AUDITOR To request information from Calhoun County, please contact: Cindy Mueller Calhoun County Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: cindy.mueller@calhouncotx.org To request bid/proposal package: Peggy Hall Assistant Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: peggy.hall@calhouncotx.org Page 9 of 9 CALHOUN COUNTY ADULT DETENTION CENTER 2019.01-12 INMATE FOOD SERVICES For the period January 1, 2019 thru December 31, 2019 With the option to renew yearly upon Commissioners' Court approval SPECIFICATIONS Commissioners' Court of Calhoun County, Port Lavaca, Texas is requesting bids to provide food services to the Calhoun County Adult Detention Center, located at 302 West Live Oak in Port Lavaca, Texas. Bid Due Date: 2:00 PM, Thursday, December 6, 2018 Award Date: Wednesday, December 19, 2018 Contract Term: January 1, 2019 thru December 31, 2019 With the option to renew yearly, upon Commissioners' Court approval Each yearly renewal must be approved by Commissioners' Court prior to the end date of the contract. in order to adhere to a higher standard of business ethics Calhoun County would ask that all vendors refrain from mentioning any and all competitors in any part of the vendor's submittal. Failure to refrain from this policy will result in vendor's bid being deemed non -responsive. Any differences in the actual product bid from the Grocery Bid Pricing List should be noted on the grocery bid list. • All charges must be included in the bid price. No other charges may be added unless noted as an exception on the bid form. Exceptions may void the bid. • All bid prices must be good for the entire bid period. • once awarded, if an item(s) is substituted, the item(s) must be equal or lower in price. The substituted item cannot go over bid price for that item. • Bids submitted in any other heading format cannot and will not be considered. See cover sheet to Grocery Pricing List Page 1 of 3 Bids submitted must be legible. • Deliveries will be made at specific times (at least twice a week) and in sufficient quantities to ensure that there will be sufficient food on hand at the jail to make and provide all meals. • Deliveries will be made between Monday and Friday between the hours of 7:00 AM to 10:00 AM and 1:00 PM to 4:00 PM in order not to disrupt the jail kitchen in preparing meals. • Should an ordered item(s) not arrive as ordered, wrong item(s) is delivered, or item(s) is delivered damaged, provider will deliver the correct or substitute item(s) within 24 hours from the date the missing or damaged item(s) was supposed to be delivered. No extra charges will be allowed to be billed to correct the error or damaged item(s) • Liquid items will be delivered in plastic crates to prevent damages when stacked. • A sales representative from the provider shall contact the Jail Administrator or Jail Kitchen Officer at least monthly, in person, to discuss any issues or new products offered. • All products on the bid list are speculative products and should not be considered as firm products to be purchased during the term of the agreement. • If you cannot supply a product, make note on the bid list in the cost column next to that item. • If you wish to suggest alternate/comparable or less costly products, please do so on separate sheets and attach it to the back of the bid list noting the appropriate line number on your suggestion with pack size and cost. • Products and services not listed on bid may be available at a free to discounted cost on items used in kitchen, such as dispensers for coffee, chemicals, etc. • Order processing will be made available by fax and / or website. • All bids received will be considered final, no changes accepted. • By acceptance of this agreement vendor agrees to notify the Sheriff or Jail Administrator of any solicitations from employees of Calhoun County for services not officially associated with jail operations. Vendors are prohibited from offering, giving, selling, supplying, or conveying in any way or form, products for personal use to employees of Calhoun County. Samples may be provided to the jail for use within the facility for evaluation purposes. • All disputes or protests will be held in Calhoun County, Texas. • A completed Form 1295 must be returned with the bid. (See General Conditions, page 5, Certificate of Interested Parties — Form 1295). • Requests for information regarding the facility or technical questions, please contact Michelle Velasquez, Jail Administrator, or Rachel Martinez, Assistant Jail Administrator, Calhoun County Adult Page 2 of 3 Detention Center, 302 W Live Oak, Port Lavaca, TX 77979, 361-553-4481 or 361-553-4482; michelle.velasquez@calhouncotx.or; rachel.martinez@calhouncotx.or6 • Requests for information regarding bid packages should be directed to: Peggy Hall, Assistant Auditor, Calhoun County Courthouse Annex II, 202 S Ann St, Ste B, Port Lavaca TX 77979, 361-553-4610, peggy.hall@calhouncotx.org. Information to be returned by the time and date due: 1. Grocery Pricing List 2. Completed and Signed Contract — 2 Originals — Return Both with your bid 3. Form 1295 (see General Conditions, page 5) * On #3 on Form 1295 put the following: 2019.01-12 Inmate Food Services 4. Vendor/Contact/Order Information Form * Please do Not Fold any of the above information. * Above information must be returned in a sealed 9 x 12 or larger envelope clearly marked: Sealed Bid — Inmate Food Services * If you send your bids by UPS, FEDEX, etc., the outside of this envelope must be clearly marked: Sealed Bid — Inmate Food Services Page 3 of 3 CONTRACT FOR FOOD SERVICES CALHOUN COUNTY ADULT DETENTION CENTER STATE OF TEXAS COUNTY OF CALHOUN This agreement is by and between Name of Company hereinafter called "Provider" and Calhoun County acting through their Adult Detention Center hereinafter called the "Jail" and is to provide for the furnishing of food and food stuffs to the Jail. The effective date of this agreement is January 1, 2019 and is for a period of one year from that date. This agreement will end on December 31, 2019. This agreement has the option to renew yearly upon Commissioners' Court approval. Each additional year renewal must be approved by Commissioners' Court prior to the end date of the preceeding contract. The food and non-food items to be provided are set out in the attached Grocery Pricing List and said prices will be honored for the one year period. Any items ordered not on the attached Food Bid Pricing List shall be provided at Cost Plus % basis. The Jail may audit the Cost Plus % basis at any time and the Provider will provide the Jail with documentation necessary for this audit at no additional charge. The Jail agrees to pay for said food, non-food items or goods upon presentation of an invoice and verification that said food, non-food items or goods have been delivered and received. Provider will use its best efforts to provide quality products and good and healthy food but makes no warranties express of implied about their fitness for use. Page 1 of 3 Provider will provide products that are needed for inmates with high blood pressure, diabetics or for religious reasons. Provider will offer other equipment, services or products used in kitchen at free of charge, discounted price, or Cost Plus % basis if available. These products include dispensers for coffee, chemicals and other products used in kitchen. Provider will include all charges in the bid price. No other charges may be added unless noted as an exception. All bid prices must be good for the entire bid period. Once awarded, if an item(s) is substituted, the item(s) must be of equal or lower in price. The substituted item cannot go over the bid price for that item. Deliveries will be made at specific times (at least twice a week) and in sufficient quantities to ensure that there will be sufficient food on hand at the jail to make and provide all meals. Deliveries will be made between Monday and Friday between the hours of 7:00 AM to 10:00 AM and 1:00 PM to 4 PM in order not to disrupt the jail kitchen in preparing meals. Should an ordered item(s) not arrive as ordered, wrong item(s) is delivered, or item(s) is delivered damaged, Provider will deliver the correct or substitute item(s) within 24 hours from the date the missing or damaged item(s) was supposed to be delivered. No extra charges will be allowed to be billed to correct the error or damaged item(s). Liquid items will be delivered in plastic crates to prevent damages when stacked. A sales representative from the Provider shall contact the Jail Administrator or Jail Kitchen Officer at least monthly, in person, to discuss any issues or new products offered. Page 2 of 3 All products on the bid list are speculative products and should not be considered as firm products to be purchased during the term of the agreement. Order processing will be made available by fax and / or website. By acceptance of this agreement Provider agrees to notify the Jail Administrator or Sheriff of any solicitations from employees of Calhoun County for services not officially associated with jail operations. Provider is prohibited from offering, giving, selling, supplying, or conveying in any way or form, products for personal use to employees of Calhoun County. Samples may be provided to the Jail for use within the facility for evaluation purposes. All disputes or protests will be held in Calhoun County, Texas. SIGNED AND ACCEPTED this the day of , 2018. Signature Mailing Address Typed or Printed Name City, State, Zip Code CALHOUN COUNTY, TEXAS CALHOUN COUNTY ADULT DETENTION CENTER Michael J Pfeifer, Calhoun County Judge 211 S Ann St, 3rd Floor, Ste 301 Port Lavaca, TX 77979 Page 3 of 3 CONTRACT FOR FOOD SERVICES CALHOUN COUNTY ADULT DETENTION CENTER STATE OF TEXAS COUNTY OF CALHOUN This agreement is by and between Name of Company hereinafter called "Provider" and Calhoun County acting through their Adult Detention Center hereinafter called the "Jail" and is to provide for the furnishing of food and food stuffs to the Jail. The effective date of this agreement is January 1, 2019 and is for a period of one year from that date. This agreement will end on December 31, 2019. This agreement has the option to renew yearly upon Commissioners' Court approval. Each additional year renewal must be approved by Commissioners' Court prior to the end date of the preceeding contract. The food and non-food items to be provided are set out in the attached Grocery Pricing List and said prices will be honored for the one year period. Any items ordered not on the attached Food Bid Pricing List shall be provided at Cost Plus basis. The Jail may audit the Cost Plus % basis at any time and the Provider will provide the Jail with documentation necessary for this audit at no additional charge. The Jail agrees to pay for said food, non-food items or goods upon presentation of an invoice and verification that said food, non-food items or goods have been delivered and received. Provider will use its best efforts to provide quality products and good and healthy food but makes no warranties express of implied about their fitness for use. Page 1 of 3 Provider will provide products that are needed for inmates with high blood pressure, diabetics or for religious reasons. Provider will offer other equipment, services or products used in kitchen at free of charge, discounted price, or Cost Plus % basis if available. These products include dispensers for coffee, chemicals and other products used in kitchen. Provider will include all charges in the bid price. No other charges may be added unless noted as an exception. All bid prices must be good for the entire bid period. Once awarded, if an item(s) is substituted, the item(s) must be of equal or lower in price. The substituted item cannot go over the bid price for that item. Deliveries will be made at specific times (at least twice a week) and in sufficient quantities to ensure that there will be sufficient food on hand at the jail to make and provide all meals. Deliveries will be made between Monday and Friday between the hours of 7:00 AM to 10:00 AM and 1:00 PM to 4 PM in order not to disrupt the jail kitchen in preparing meals. Should an ordered item(s) not arrive as ordered, wrong item(s) is delivered, or item(s) is delivered damaged, Provider will deliver the correct or substitute item(s) within 24 hours from the date the missing or damaged item(s) was supposed to be delivered. No extra charges will be allowed to be billed to correct the error or damaged item(s). Liquid items will be delivered in plastic crates to prevent damages when stacked. A sales representative from the Provider shall contact the Jail Administrator or Jail Kitchen Officer at least monthly, in person, to discuss any issues or new products offered. Page 2 of 3 All products on the bid list are speculative products and should not be considered as firm products to be purchased during the term of the agreement. Order processing will be made available by fax and / or website. By acceptance of this agreement Provider agrees to notify the Jail Administrator or Sheriff of any solicitations from employees of Calhoun County for services not officially associated with jail operations. Provider is prohibited from offering, giving, selling, supplying, or conveying in any way or form, products for personal use to employees of Calhoun County. Samples may be provided to the Jail for use within the facility for evaluation purposes. All disputes or protests will be held in Calhoun County, Texas. SIGNED AND ACCEPTED this the PROVIDER: Signature Typed or Printed Name day of Mailing Address City, State, Zip CALHOUN COUNTY, TEXAS CALHOUN COUNTY ADULT DETENTION CENTER Michael J Pfeifer, Calhoun County Judge 211 S Ann St, 3`d Floor, Ste 301 Port Lavaca, TX 77979 2018. Page 3 of 3 CALHOUN COUNTY, TEXAS 2019e0142 Grocery Pricing List JANUARY 1, 2019 thru DECEMBER 31, 2019 If I have your email address, I have sent the Grocery Pricing List in excel so that you may input your information. If I do not have your email address, please contact me (peggy.hall@calhouncotx.org) and I will send it to you. If you create your own Grocery Pricing List, you must use the formats listed below. Bid MUST be returned in the below Heading Format: Item # # in Package grand Description Price & Size First Page of Grocery Pricing List MUST include the following information: Calhoun County, Texas Calhoun County Adult Detention Center (Jail) Grocery Pricing List January 1, 2019 thru December 31, 2019 Vendor Name: Calhoun County, Texas Calhoun County Adult Detention Center (Jail) Grocery Pricing List January 1, 2019 thru December 31, 2019 Vendor Name: Pack/Size is taken from current vendor invoices - - Pack/Size and Description may vary by Vendor Item # Pack / Size Brand Description Price ESTIMATE on How Often Used: 1 / 40 lb Apples Sliced Solid Pack Fresh weekly 24 / 2 oz Apple Slice Red weekly 6/#10 Apple Sauce Unsweet weekly 6/#10 Apple Sauce Sweet weekly 3 ! 100 ct Bacon Precooked Thin weekly 1 / 30 lb Bacon Slab Sliced Raw weekly 12 / 6 ct Bagel Plain Sliced 2.3 oz weekly 6 / 5 lb Baking Powder Quarterly 24 / 1 lb Baking Soda Quarterly 1 / 40 lb Bananas green tip weekly 2 / 7 lb Base - Beef Granular Quarterly 1 / 25 lb Base - Chicken Flavor Paste Quarterly Basil Ground Quarterly 1 / 5 oz Basil Leaf Quarterly 1 / 2 oz Bay Leaves Quarterly 6 / #10 Beans Baked Oven Prepared weekly 6 / #10 Beans Chili Homestyle weekly 1 / 20 lb Beans Cut Green Bean - Frozen weekly 6 / #10 Beans Cut Green Bean - Canned weekly 1 / 20 lb Beans Green Regular Cut weekly 6 /#10 Beans Kidney Dark Red Quarterly 1 / 20 lb Beans Baby Lima Bean - Dry Quarterly 1 / 20 lb Beans Navy Pea Dry Quarterly 1 / 20 lb Beans Pinto Bean Triple Clean Dried weekly 6/#10 Beans Pork and Beans Fancy weekly 6 /#10 Beans Ranch Style Fancy weekly 6 / #10 Beans Refried weekly 6 / #10 Beans Vegetarian Baked Beans weekly 4 / 5 lb tub Beef BBQ Beef Chopped with Sauce weekly Page 1 of 12 Item # Pack / Size Brand Description Price an How Often Used: 5 / 13 lb avg Beef - Brisket Boneless 120 No Roll Quarterly 2 / 7 lb avg Beef - Roast Top Round Cooked Quarterly 8 / 10 lb avg Beef Ground Fine 73/27 Weekly 40 / 4 oz Beef - Patty 4/1 with Tvp Weekly Beef - Patty Breaded Weekly Beef - Patty Flame Broiled Quarterly Beef Patty Charbroiled pre-cooked Quarterly 3 / 24 lb avg Beef Shoulder Clod Quarterly 40 / 4 oz Beef Steak Fritter Natural 4/1 Raw weekly 1 / 10 lb Beef Stew Meat Weekly 160 / 0.97 oz Beef Steak Finger Breaded Cooked 1 oz Weekly 24 / 8 oz Biscuits Buttermilk 10 ct Monthly 96 / 1.55 oz Biscuits Dinner Rolls Thaw & Serve Weekly 216 / 2.2 oz Biscuits Dough Southern Style Weekly 8 / 24 oz Bread Sandwich Wheat Loaf Weekly 8 / 24 oz Bread Sandwich White Loaf Weekly Bread Tortillas Corn Weekly Bread Tortillas Flour Weekly Bologna Turkey Club weekly 1 120 lb Broccoli Cuts Weekly 12 / 49 oz Broth Chicken Quarterly 2 / 20 ct Bun Hamburger Weekly 6 / 12 ct Bun Hot Dog Weekly 72 / 4 oz Burrito Beef & Bean Weekly 72 / 4 oz Burrito Beef & Bean Red Chili Weekly 1 / 50 lb Cabbage Green Cabbage Monthly 6 / 5 lb Cake Mix Chocolate Monthly 6 / 5 lb Cake Mix White Monthly 6 / 5 lb Cake Mix Yellow Monthly 1 / 15 ct Cantaloupe Fresh Weekly 1 / 25 lb Carrots Jumbo Weekly 12 / 2 lb Carrots Diced Weekly 6 / #10 Carrots Sliced Canned Weekly 1 / 20lb Carrots Smooth Sliced Weekly 6 / #10 Carrots Sliced Medium weekly 1 / 20 lb Cauliflower LQF Monthly 1 / 40 lb Celery Fresh weekly 12 128 oz Cereal Cream of Wheat Weekly Page z of iz Item # Pack / Size Brand Description Price ESTIMATE on How often Used: 1 / 50 lb Cereal Oats Rolled #5 weekly 4 / 26 oz Cereal Bulk Corn Flakes weekly 4 / 45 oz Cereal Bulk Frosted Flakes Weekly 6 / 36 oz Cereal Bulk Raisin Bran weekly 4 / 46 oz Cereal Bulk Fruit Dyno Bites weekly 4 / 39 oz Cereal Bulk Honey Nut Cheerios weekly 4 / 35 oz Cereal Rice Tootie Fruitie weekly 6/5 lb Cheese American Melt Loaf Monthly 4/6 lb Cheese American 184 Slices weekly 4 / 5 lb Cheese Chedder Shredded Imitation quarterly 215 lb Cheese Chedder Jack Shredded Weekly 2 / 5 lb Cheese Chedder & Mont. Jack Shreeded Weekly 2 / 5 lb Cheese Cottage Cheese Sm Curd 4% weekly 10 / 3 lb Cheese Cream Cheese Loaf Grade A Monthly 6 / 5 lb Cheese Melting Loaf Yellow Monthly 4 / 5 lb Cheese Mozzarella Reg Shredded Monthly 2 / 5 lb Cheese Pimento Cheese Spread Monthly 6 / 29 oz Cheese Powdered Cheese Mix weekly Cheese Queso Melt Weekly 4! 10 lb Chicken Boneless Skinless Chicken Thighs - Plain Weekly 4 / 10 lb Chicken Boneless Skinless Chicken Thighs - Flavored Weekly 60 / 3.1 oz Chicken Breast Patty Breaded weekly 2 / 5 lb Chicken Breaded Chicken Fritter weekly Chicken Breakfast Patty quarterly Chicken Diced All White Cooked weekly 52 / 3 oz Chicken Breast Fillet Fajita Monthly 2/5 lb Chicken Fajitas Sliced Chicken Raw Weekly 2 / 5 lb Chicken Fajita Strip Cooked Monthly Chicken Fajita Meat Lacocina Monthly 4 / 10 lb Chicken Fajita Thigh Meat Frozen Monthly 4 / 101b Chicken Leg Meat Bonless Weekly 1 /20lb Chicken Nuggets Raw Monthly 4110 lb Chicken Thigh Meat Raw Frozen Monthly 4 / 4 lb Chili Frozen - With Beans weekly 6 / 5 lb Chili Frozen - Without Beans Weekly 6 /#10 Chili Canned - With Beans weekly 6 /#10 Chili Canned - Without Beans weekly Page 3 of 12 Item # Pack / Size Brand Description Price ESTIMATE on How Often Used: 6 / #10 Chili Hot Dog Sauce w/meat Monthly 8/1 lb Chips Frito Corn Bulk Weekly 6 116 oz Chips Potato Regular Bulk Weekly 6 / 2 lb Chip Tortilla Yellow Round Weekly 2 / 30 ct Chip Variety weekly 1 / 1 lb Cinnamon Ground Monthly 1 / 10 lb Coconut Sweetened Coconut Monthly Coffee Traditional 5 lb. weekly Coffee Traditional 10 lb. Weekly 34.5 oz Coffee Can weekly 42 / 1.25 oz Coffee Todays Gourmet w/Filter Weekly 4 / 5 lb ct Coleslaw Mix Shredded weekly 1 / 10 lb Cookie Chocolate Chip Weekly 1 / 10 lb Cookie Oatmeal Homestyle Weekly 1 / 10 lb Cookie Sugar Homestyle Weekly 1 / 5 lb Cookie Vanilla Wafers weekly 320 / 1 oz Cookie Dough Chocolate Chip weekly 32011 oz Cookie Dough Oatmeal Raisin weekly 320 / 1 oz Cookie Dough Sugar Weekly 6 / #10 Corn Cream Style Monthly 1 /20lb Corn Cut Weekly 6 / 2 lb Corn Corn Nuggets Sweet Battered weekly 6 /#10 Corn Whole Kernel Fancy Canned Weekly Corn Dogs No Sticks Weekly 240 / .67 oz Corn Dogs Turkey Mini - No Sticks Weekly 6 / 5 lb Cornbread Mix Homestyle Weekly Cornbread Stuffing Mix Monthly 1 / 25 lb Cornmeal quarterly 200 / 2 pk Crackers Graham Honey Mid - Individually Wrapped Monthly 12 116 oz Crackers Saltine - Bulk Weekly 500 12 pk Crackers Saltine - Individually Wrapped Monthly 300 / 2 pk Crackers Cafe Club Monthly 24 / 12 oz Creamer Non Dairy Canister Weekly 1 / 1 lb Cumin Ground quarterly 1 / 1 gal Dressing Coleslaw quarterly 200 / 12 gm Dressing PC Italian Packets Monthly Page 4 of 12 Item # Pack / Size Brand Description Price Estimate on How Often Used: 1 / 1 gal Dressing Lt Italian Dressing Gallon Monthly 1 / 1 gal Dressing Ranch Buttermilk Gallon Quarterly 200 / 12 gm Dressing PC Ranch Buttermilk weekly 18 / 3.2 oz Dressing Ranch Mix weekly 200 / 12 gm Dressing PC Thousand Island Monthly 4 / 1 gal Dressing Honey Mustard Monthly 12 / 24 oz Drink Mix Fruit Grape Powdered weekly 12124 cz Drink Mix Strawberry Powdered weekly 12 / 24 oz Drink Mix Fruit Punch Powdered weekly 12 / 24 oz Drink Mix Pink Lemondade Powdered weekly 12 / 24 oz Drink Mix Peach Powdered weekly 12 / 24 oz Drink Mix Sugar Free Fruit Punch Powdered Weekly 12 / 24 oz Drink Mix Sugar Free Pink Lemonade Powdered Weekly 1 / 20 lb Eggs Whole Liquid w/Citric Weekly 200 / 1 oz Eggs Scrambled Patty Round weekly 12112 ct bag Eggs Hard Cooked Peeled weekly 12/1 dz Eggs Fresh Shell Jumbo USDA weekly 1 / 1 pt Extract Vanilla Imitation Quarterly 1 / 15 lb Fillet Swai Fillet 5-7 oz Weekly 1 / 10 lb Fish Strip 1.5 oz Breaded weekly 4 / 10 lb Fish Pollock Fillet 4-6 oz Weekly 1 / 10 lb Fish Pollock Rect Breaded Wg Weekly 1 /50lb Flour All Purpose Monthly 80 / 2 oz Franks All Meat 811 Monthly 2 / 5 lb Franks Turkey Monthly 6 / 5 lb French Fries RC 3/8 IN weekly 6 / #10 Fruit Cocktail X Lt Syrup weekly 6 ! #10 Fruit Mix Lt Syrup weekly 1 / 7 lb Garlic Granulated Monthly 48 / 3.5 oz Gelatin Cup 12 / 24 oz Gelatin Mix Mixed Assorted Citrus Monthly 12 / 24 oz Gelatin Mix Lime Monthly 12 ! 24 oz Gelatin Red Variation Monthly 1135 lb Grapefruit Ruby Choice 40 weekly 6 / 13 oz Gravy Mix Brown Country Style Monthly Page 5 of 12 Item # Pack / Size Brand Description Price ESTIMATE on How often Used: 6 / 14 oz Gravy Mix Chicken Monthly 6 / 24 oz Gravy Mix Peppered Monthly 6 / 11.3 oz Gravy Mix Pork Roast Monthly 6 111.3 oz Gravy Mix Turkey Roasted Monthly Greens Mustard Greens Weekly 2 / 10-12 lb Ham Buffet Style weekly 6 / 5 lb Ham Chopped Quarterly 4 / 3 lb Ham Pre -Sliced Quarterly 2 / 13 Ib Ham Shaving Cooked 4 x 6 Deli Weekly Ham Shaving Smoked Boneless Quarterly Ham Sliced Smoked Quarterly 2 / 20 ct Hamburger Buns weekly 120 / 2.2 oz Hashbrowns Golden Patty weekly 6 / 2.6 lb Hashbrowns Redi Shred weekly 6 / 3 Ib Hashbrowns Lqf Shredded weekly 1 / 30 lb avg Honey Dew Melon US #1 8 ct weekly 6 / 12 ct Hot Dog Buns weekly 2 / 5 lb Hushpuppies Regular Round weekly 4 / 5 lb Hushpuppies Homestyle weekly 1 / 12 lb Icing Chocolate Quarterly 1 / 12 lb Icing Vanilla Quarterly 6 / #10 Jelly Assorted Monthly 200110 gm Jelly PC Assorted Cup Monthly 200 / 10 gm Jelly PC Grape Cup Weekly 70 / 4 oz Juice Apple 100% Carton Carton weekly 96 / 4 oz Juice Apple 100% Carton Carton Weekly 70 / 4 oz Juice Orange 100% Carton Weekly 96 / 4 oz Juice Orange 100% Carton Weekly 1000 / 9 gr Ketchup Individual Packets Weekly 6 / #10 Ketchup Standard weekly 1 / 24 ct Lettuce Iceberg weekly 900 / 5 gr Margarine PC Cup Spread Monthly 432 / 14 gr Margarine pcks Page 6 of 12 Item # Pack / Size Brand Description Price ESTIMATE on How often Used: 30 / 1 lb Margarine Solids Pure Veg Monthly 12 / 16 oz Marshmallows Jet Puffed quarterly 4 / 1 gal Mayonnaise Heavy Duty Gallon Monthly 200 / 12 gm Mayonnaise PC weekly 1 / 30 lb avg Melons Honey Dew US #1 8 ct weekly 2 / 5 lb Meatballs Beef & Chicken Weekly Meatballs Flame Broiled weekly 76 / 3.15 oz Meatloaf Patty Deluxe weekly 24114 oz Milk Condensed Sweetened Monthly 24 / 14 oz Milk Evaporated Monthly 4 / 1.1 lb Milk Powdered Skimmed NF Monthly 4 / 1.1 lb Milk Powdered Homo Vitamin D Monthly 4/1 gal Milk 2% Reduced Fat 1 Gallon weekly 4/1 gal Milk Homo Vitamin D 1 gallon weekly 25 / 1/2 pt Milk 1% Reduced Fat 1/2 pint cartons weekly 25 / 1/2 pt Milk 2% Reduced Fat 1/2 pint cartons Weekly 25 / 1/2 pt Milk Homo Vitamin D 112 pint cartons weekly 4 / 1 gal Mustard Prepared Gallon Quarterly 500 / 1.5 oz Mustard PC Pouch Weekly Oil Butter Flavored Monthly 6 / 1 gal Oil Pan & Grill Trans Fat Free Monthly 6 / 17 oz Oil Pan Spray Monthly 1 / 35 lb Oil Shortening Clear Fry Monthly 1 / 20 lb Okra Cut 1/2 inch Grade A Weekly 1 / 20 lb Okra Cut Heavily Breaded Weekly 6 / 2 lb Okra Cut Breaded Southern Style weekly 1 / 3 lb Onion Dried Flakes Chopped Monthly 4 / 5 lb Onion Sliced 1 / 50 lb Onion Yellow Jumbo Sack Monthly 1 / 113-138 ct Oranges Fresh weekly 1 / 38 ct Orange Choice 6 / #10 Oranges Mandarin Oranges Broken Lt weekly 1 / 12 oz Oregano Ground Quarterly 144 / 1.2 oz Pancake Original - Frozen weekly 1 / 10 oz Parsley Flakes Quarterly 2 / 5 lb Pasta Egg Noodle Wide 1/2 Inch Monthly Page 7 of 12 Item # Pack / Size Brand Description Price ESTIMATE on How Often Used: 2 / 10 lb Pasta Elbow Macaroni Monthly 12 / 16 oz Pasta Lasagna Ribbed Monthly 2 / 10 lb Pasta Spaghetti Thin 10 Inch Monthly 6 / #10 Peaches Sliced Extr Lt Syrup weekly 6 /#10 Peaches Diced Extra Lt Syrup weekly 6 / 5 lb Peanut Butter Creamy weekly 200 / 0.75 oz Peanut Butter Pc weekly 6 / #10 Pears Sliced Light Syrup weekly 6 / #10 Peas Blackeyed weekly 1 / 20 lb Peas Peas & Diced Carrots Frozen weekly 1 / 20 lb Peas Green weekly 6 / #10 Peas Sweet Mixed weekly 1 / 18 oz Pepper Black Gound Fine Pure Monthly 12 / 27 oz Peppers Chili Diced Green Monthly 1 / 1 / 9 Bulk Pepper Bell Green Chopper Monthly 6 /#10 Pepper Jalapeno Nacho Sliced quarterly 1 / 28 oz Pepper Lemon Seasoning quarterly 4 / 1 gal Pickles Dill Relish Monthly 1 / 5 gal Pickles Dill Sliced Hamburger Monthly 6 / 43 oz Pie Pumpkin 10 Inch PreBaked quarterly 6 ! 81 oz Pineapple Chunks in Extra Lt Syrup weekly 12 / 20 oz Pineapple Sliced in Juice weekly 6 / #10 Pineapple Tidbits in Juice weekly 128 / 3.31 oz Pizza Breakfast Turkey Sausage Monthly 96 / 4.4 oz Pizza Pepperoni (homestyle pizza) 36 / 8 oz Popcorn Kit All In One 4 / 10-12 lb Pork Loins Boneless Monthly 40 / 3.75 oz Pork Patty Breaded Cooked Monthly 52 / 3.1 oz Port Patty Rib Monthly 6 / 2.5 lb Potato Hashbrown Redi Shred weekly 6 / #10 Potato Instant with milk Weekly 1 / 50 lb Potato Idaho #2 weekly 1 / 50 lb Potato Red #2 weekly 1 / 50 lb Potato Russet 10 oz US #2 weekly 615 lb Potato Tater Tots weekly 6 / #10 Potato White Diced weekly 61#10 Pudding Banana weekly 6 / #10 Pudding Chocolate weekly Page 8 of 12 Item If Pack / Size Brand Description Price ESTIMATE on How Often Used: 6 / #10 Pudding Chocolate Sugar Free Weekly 6 / #10 Pudding Lemon Weekly 6 / #10 Pudding Tapioca Weekly 6/#10 Pudding Vanilla Weekly 6 / #10 Pudding Vanilla Sugar Free Weekly 24 / 6 / 1.5 oz Raisins Individual Packs Weekly 24 / 15 oz Raisins Golden Seedless Weekly 6/#10 Ravioli Beef RTU weekly 1 / 50 lb Rice Long Grain weekly 1 / 50 lb Rice Long Grain Parboiled 4% Broken Weekly Relish Dill Premium Monthly 4 / 5 lb Salad Mix Lettuce in Bag Weekly 1 / 30 Ib Salad Potato Homestyle Monthly 384 / .5 oz Salami All Meat Sliced Weekly 1 / 25 lb Salt Iodized Table Quarterly 4 / 1 gal Sauce BBQ Monthly 6 / #11 Sauce Cheese weekly 6 /#10 Sauce Cheese Nacho Weekly 24 / 14 oz Sauce Cranberry Jellied Quarterly 4 / 1 Gal Sauce Enchilado Mild RTU weekly 4/1 Gal Sauce Picante Mild Gallon Monthly 64110 #10 Sauce Pizza Weekly 4 / 1 gal Sauce Soy Sauce Gallon Monthly 6 / 15 oz Sauce Mix Sloppy Joe Seasoning weekly 6/#10 Sauce Spaghetti RTU Weekly 500 / 9 gr Sauce PC Taco Weekly 200 / 7/16 oz Sauce Tarter Creamy Packets weekly 6/#10 Sauce Tomato Fancy weekly 1 / 1 gal Sauce Worcestershire Quarterly Sausage Beef Breakfast weekly Sausage Chicken Breakast Weekly Sausage Turkey Breakfast weekly 2 / 5 lb Sausage Chorizo Pork Raw Weekly Sausage Ground Bulk Raw Mild weekly 1 / 10 lb Sausage Link Natural .8 oz Cooked weekly 1 / 10 lb Sausage Link Mild 1 oz Cooked Weekly Page 9 of 12 Item # Pack / Size Brand Description Price ESTIMATE on How Often Used: 2 / 5 lb Sausage Pork Topping Cooked weekly 1 / 10 lb Sausage Smoked Rope Cooked weekly 154 ! 1.25 oz Sausage Patty Cooked weekly 12 / 17 oz Seasoning Creole 1 / 8 lb Seasoning Creole Original Quarterly Seasoning Mexican Rub Mix Quarterly 1 / 23 oz Seasoning Montreal Quarterly 1 / 4.5 lb Seasoning Salt Traditional Monthly 1 / 24 oz Seasoning Taco Quarterly 1 / 35 lb Shortening Clear Fry Liquid Monthly 12 / 50 oz Soup Chicken Noodle Monthly 12150 oz Soup Cream of Chicken Monthly 12 / 50 oz Soup Cream of Mushroom Monthly 12 / 50 oz Soup Cream of Potato Monthly 12 / 51 oz Soup - Tomato Monthly 12 / 50 oz Soup - Vegetable Monthly 4 / 5 lb Sour Cream Cultured Monthly 6/#10 Spinach Chopped Fancy weekly 1 / 20 lb case Squash Zucchini Med 18-25 weekly 24 / 1 lb Starch Corn Quarterly 6 / 3.5 lb Stuffing Mix Cornbread weekly 1 / 25 lb Sugar Brown light in Bag Monthly 1150 lb Sugar Pure Cane Granulated weekly 12 / 2 lb Sugar Powdered White Quarterly 100 / 1 oz Syrup PC Pouch weekly 100 / 1 oz Syrup PC Pouch Sugar Free 1 oz Monthly 100 / 1 oz Tea Bags 1 oz weekly 96 / 1 oz Tea Iced Filter Pouch 1 Gal weekly 1125 lb Tomatoes Bulk Cafe weekly 6 / #10 Tomatoes Diced in Juice weekly 12 / 28 oz Tomatoes Diced With Green Chills Monthly 6 / #10 Topping Chocolate Fudge 12 / 1 lb Topping Whip Mix Add Water Quarterly 6 / 66.5 oz Tuna Chunk Light in Water Monthly 12/1 lb Turkey Breast Lunchmeat Combo weekly 2 / 8-9 lb Turkey Breast Oven Roasted Monthly 2 / 9.9.5 lb Turkey Breast Smoked Skinless Monthly Page 10 of 12 Item # Pack / Size Brand Description Price ESTIMATE on How Often Used: 4 / 10 lb Turkey Ground Tubes 80/20 weekly 2 / 7-8.5 lb Turkey Ham Buffet Deluxe weekly 5 / 5 lb Turkey Medallion Roasted Monthly 1110 lb Turkey Ham - Diced Cured Weekly 128 / 1.25 oz Turkey Sausage Patty Cooked 6 / #10 Vegetables - Mixed Fancy weekly 1 / 20 lb Vegetables - Blend Peas & Carrots weekly 6 / #10 Vegetables For Stew Fancy Chunky Monthly 12 / 2 lb Vegetables - Blend Stir Fry Monthly 1 / 20 lb Vegetables - Mixed 5 Way weekly 12 / 12 ct Waffles weekly Yams - Cut Monthly 20 / 1 lb Yeast Saf Instant Red Label Quarterly NON FOOD ITEMS: 10 1100 ct Apron, Plastic Full Length Mad Wt 24x42 Quartedy 1 / 100 ct Apron, Plastic White Disposable Quarterly 1 / 2000 ct Bag Sandwich w/Flip Top Quarterly 1 / 500 ct Bag Sandwich Reclosable 6.5x6 Quarterly Bag Zip Seal Quart Quarterly 1 / 200 ct Bag Freezer Reclosable 1 Gallon Quarterly 1 / 250 ct Bag Reclosable Zip 1 Gallon Quarterly 1 / 100 ct Bag Freezer Reclosable Zip 2 Gallon Quarterly 1 / 500 ct Bag - White Paper Bag Cleaner Floor Degreaser Quarterly Coffee Filter Packs Monthly 11200 ct Container Foam Hngd 3-c White Quarterly 40 / 25 ct Cup, Foam 12 oz Monthly 40 / 25 ct Cup, Foam 16 oz Monthly 10/100 ct Cup Lids for 12 oz Monthly 10 / 100 ct Cup Lids 12L Trans Slotted Monthly Page 11 of 12 Item # Pack / Size Brand Description Price ESTIMATE on How Often Used: 10 / 100 ct Cup Lids for 16 oz Monthly 10 / 100 ct Cup Lidis for 16L Trans Slotted Monthly 2/1 gal Detergent Paramount Heavy Duty Weekly 1 / 5 gal Detergent Speed Clean Weekly Detergent Dishwasher weekly 1 / roll Film 18 x 1000 Clear Wrap Monthly 1 / roll Foil 18 By 1000 1 / roll Foil 24 x 500 #633 EX H Monthly 4 110 ct Grill Cleaning Pad 10 / 100 ct Gloves Vinyl Powder Free Large Weekly 10 / 100 ct Gloves Vinyl Powder Free Xlarge weekly 1 / 144 ct Hairnet Dark Brown Light Weight weekly 1 / 250 ct Label 2 x 3 Dissolvable Use By weekly 1 / 1000 ct Liner Pan Lift Off Grease Monthly 1 / 250 ct Meal Kit (K F S Napkin) MW W Quarterly 1 ea Mitt - Oven Mitt Black 17 Plastic Wrap Monthly 2 / 1 Gal Rinse Aid Fast Dry Weekly 6 / 1 qt Sanitizer Redi San Rtu Weekly 41500 ct Straws 7.75 Jumbo Clear Wrap Monthly Page 12 of 12 Extra Page to add items that the Jail may consider ESTIMATE on Item # Pack / Size Brand Description Price How often Used: VENDOR INFORMATION Please Type. if handwritten, must be in ink and legible Vendor Name: Address: Remittance Address: Telephone: Fax: Email• Signature of Authorized Representative: Printed name of Authorized Rep: ORDER — CONTACT INFORMATION Order Contact Name & Title: Order Contact Telephone: Order Contact Fax: Order Contact Email: Return this form with your bid. PEGGYHALL CRISTINA P TUAIOH 202 S ANN ST, STE B DEMI CABBERA CANDICE VILLARREAL PORT LAVACA, TEXAS 71979 ERICA PEREZ I" ASSISTANT AUDITOR TELEPHONE 13611553-4610FAX13611553-4614 ASSISTANT AUDITORS CALHOUN COUNTY, TEXAS CONTACT INFORMATION for CALHOUN COUNTY ADULT DETENTION CENTER (Jail) Jail Administrator Michelle Velasquez 302 West Live Oak St. Port Lavaca, TX 77979 361-553-4481 michelle.velasquez@calhouncotx.org Assistant Jail Administrator Rachel Martinez 302 West Live Oak St. Port Lavaca, TX 77979 361-553-4482 rachel.martinez@calhouncotx.org Calhoun County Commissioners' Court— November 07, 2018 10. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 10) To approve specifications and agreement for the following combined services: Inmate Telephone Services and Resident Banking Software, Commissary Service and Fiduciary Management Services for the Calhoun County Adult Detention Center for the two year period beginning February 15, 2019 and ending February 14, 2021 with the option to renew yearly upon Commissioners' Court approval and authorize the County Auditor to advertise for bids. Bids will be due Thursday, December 6, 2018 and considered for award Wednesday, December 19, 2018. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 8 of 21 � iC Agenda Item for Commissioners' Court —Wednesday, November 7, 2018 Consider and take necessary action to approve the specifications and agreement for the following combined services: Inmate Telephone Services and Resident Banking Software, Commissary Service and Fiduciary Management Services for the Calhoun County Adult Detention Center for the two year period beginning February 15, 2019 and ending February 14, 2021 with the option to renew yearly upon Commissioners' Court approval and authorize the County Auditor to advertise for bids. Bids will be due Thursday, December 6, 2018 and considered for award Wednesday, December 19, 2018. CziLHOUN COUNTY, TEXAS 2019 - 2021 Inmate Telephone Services and Resident Banking Software, Commissary Service and Fiduciary Management Services Agreement Period: February 15, 2019 thru February 14, 2021 With the Option to Renew Yearly (one year terms) Upon Commissioners' Court Approval PEGGY HALL CRISTINA P TUMOR 202 S ANN ST, STE B BEMI CABRERA CANDICE VILLARREAL PORT LAVACA, TEXAS 77979 ERICA PEREI I"ASSISTANTAUDITOR TELEPHONE 13611553-4610 FAX (3611553-4614 ASSISTANT AUDITORS INVITATION TO BID 2019 - 2021 Inmate Telephone Services and Resident Banking Software, Commissary Service and Fiduciary Management Services February 15, 2019 thru February 14, 2021 With the Option to Renew Yearly (one year terms) Upon Commissioners' Court Approval Calhoun County Commissioners' Court is accepting sealed bids for the following combined services for the Calhoun County Adult Detention Center (Jail): Inmate Telephone Services and Resident Banking Software, Commissary Service and Fiduciary Management Services BID PACKAGES: May be obtained at the Calhoun County Auditor's Office. Peggy Hall, Assistant Auditor Calhoun County Courthouse Annex II 202 S. Ann St., Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Email: peegy.hallOcalhouncotx.ore BIDS DUE: By 2:00 PM, THURSDAY, DECEMBER 6, 2018 DELIVERY ADDRESS: Michael Pfeifer, County Judge Calhoun County Courthouse 211SAnn St 3`d Floor, Suite 301 Port Lavaca TX 77979 The outside of the 9 x 12 or larger envelope (box) must be clearly marked: SEALED BID — Inmate Telephone Services and Resident Banking Software, Commissary Service and Fiduciary Management Services BID OPENING: Public bid opening will be conducted in the County Judge's Office, Calhoun County Courthouse, 3`d Floor, Suite 301, Port Lavaca, Texas CONTENTS Return Instructions General Conditions Specifications Agreement (2) Miscellaneous Questions / Answers Current Agreement and Amendment No. 1 to the Current Agreement Current Commissary Sales (January 2 thru June 26, 2018) Current Phone Commissions (1" and 2"d Quarter 2018) CIN PEGGY HALL CHISTINA P TUAZON 202 S ANN ST, STE B DEMI CABRERA CANDICE VILLARREAL PORT LAVACX TEMS 77979 ERICA PERU 111ASSISTANTAUDITOR TELEPHONE 136115534610FAX136115534614 ASSISTANT AUDITORS RETURN INSTRUCTIONS For Submitting a Bid for 2019 - 2021 Inmate Telephone Services and Resident Banking Software, Commissary Service and Fiduciary Management Services Return the following by 2:00 PM. THURSDAY, DECEMBER 6, 2018: This information must be returned by the time and date due. Failure to return the following information will void the bid. 1. 1 Original and 2 Copies of ALL Submittal Information as stated in the Specifications and Agreement 2. Originals of Agreement — • 2 Originals Enclosed • RETURN BOTH with all information filled in • Please Sign on last page but DO NOT DATE — Date will be filled in by Commissioners' Court on the agreement that is awarded the bid • If your information submitted is in bound form, DO NOT include the Original Agreements in these bound forms. 3. Form 1295 (see General Conditions, page 5) 4. Vendor/Order Information Form Bid packages may be obtained from: Calhoun County Auditor Attn: Peggy Hall, Assistant Auditor 202 S. Ann St., Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 or Email: peggy.hall@calhouncotx.org * Do Not Fold * Bid information must be returned in a sealed 9 x 12 or larger envelope (box) and the outside of the envelope (box) must be clearly marked: Sealed Bid — Inmate Telephone Services and Resident Banking Software, Commissary Service and Fiduciary Management Services CALHOUN COUNTY, TEXAS GENERAL CONDITIONS Read all documents carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. General Conditions apply to all advertised bids, proposals or contracts; however these may be superseded in whole or in part by the scope, special requirements, specifications or special sections of Texas Government Code and/or Texas Local Government Code. Governing Law: Bidder is advised that the Invitation to Bid, Request for Proposal or Contract shall be fully governed by the laws of the State of Texas and that Calhoun County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of the Invitation to Bid, Request for Proposal or Contract. All parties agree that the venue for any litigation arising from this Invitation to Bid, Request for Proposal and/or Contract shall be held in Port Lavaca, Calhoun County, Texas. Bid, Proposal and/or Contract Form Completion: Once a bid, proposal and/or contract is released for bidding, Calhoun County will not answer any questions except through an addendum that has been approved by Commissioners' Court or at a mandatory pre -bid meeting. Fill out, sign, and return to the Calhoun County Judge's Office the required number of bid forms, proposal forms, and/or contracts, and any other required information by the day and time the bid, proposal and/or contract is due. The bid, proposal and/or contract must be signed and dated by an officer (or employee) who is duly authorized to execute this bid, proposal and/or contract, and that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other vendor, and that the contents of this bid, proposal and/or contract as to prices, terms or conditions of said bid have not been communicated by the individual signing nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid, proposal and/or contract. The use of liquid paper or white out is not acceptable and may result in the disqualification of the bid, proposal and/or contract. If an error is made, the vendor must draw a line through the error and initial each change. All responses typed or handwritten must be clear and legible. Bid, Proposal and/or Contract Return: On or before the due date and time, the vendor must return all completed bids, proposals and/or contracts and required information and copies to the Calhoun County Judge's Office, 211 S. Ann St., 3'd Floor, Suite 301, Port Lavaca, Texas. The clock in the County Judge's office is the official clock that will be used in determining the time the bid, proposal and/or contract is received and the time the bid, proposal and/or contract will be opened. A late delivery with an early postmark will not suffice. Calhoun Page 1 of 9 County will not be responsible for the delivery of your bid, proposal and/or contract to the office of the County Judge. Calhoun County is not responsible for late deliveries due to mail, carrier, etc. Calhoun County does not accept faxed or emailed bids, proposals and/or contracts. If you would like to confirm the delivery of your bid, proposal and/or contract, you may call the County Judge's office at 361-553-4600. Late bids, proposals and/or contracts will not be accepted. All late bids, proposals and/or contracts will be returned unopened to the bidder. Bid, proposal and/or contract must be submitted in a sealed 9 x 12 or larger envelope, addressed as follows: Michael Pfeifer, Calhoun County Judge, 211 S. Ann St., 3rd Floor, Suite 301, Port Lavaca, TX 77979. The outside of the envelope must be clearly marked: SEALED BID (PROPOSAL) and the name of the bid or proposal must also be clearly stated. Withdrawal of BID, Proposal and/or Contract: A vendor may withdraw their bid, proposal and/or contract before County acceptance of the bid, proposal and/or contract without prejudice to the vendor, by submitting a written request for its withdrawal to the County Judge and mail or hand deliver to the address the bid, proposal and/or contract was submitted to. A bid, proposal and/or contract that were opened are not subject to amendment, alteration, or change for the purpose of correcting an error in the bid, proposal and/or contract price. Bids, proposals and/or contracts containing an error may be offered "as is" or withdrawn by the vendor in accordance with applicable State Laws. Bid, Proposal and/or Contract Opening and Award: Vendors are invited to be present at the opening and awarding of the bid, proposal and/or contract. Governing Forms: In the event of any conflict between the terms and provisions of these conditions and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Calhoun County's interpretation shall govern. Addendums: When specifications are revised, the Calhoun County Auditor's Office will send each vendor that received a bid, proposal and/or contract package the addendum once it has been approved by Commissioners' Court. No addendum can be sent out until the Commissioners' Court has approved the addendum. Hold Harmless Agreement: Successful vendor shall defend, indemnify and hold Calhoun County and its officers, agents, and employees harmless from all suits, actions, or for personal injury, death and/or property damage arising from any cause whatsoever, resulting directly or indirectly from vendor's performance. Vendor shall procure and maintain, with respect to the subject matter of this bid, proposal and/or contract, appropriate insurance coverage including, as a minimum, general liability and property damage, workers' compensation, employers liability and auto insurance Page 2 of 9 with adequate limits to cover vendor's liability as may arise directly or indirectly from work performed under terms of this bid, proposal and/or contract. Certification of such coverage must name Calhoun County as an additional insured and be provided to the County upon request. Waiver of Subrogation: Vendor and vendor's insurance carrier waive any and all rights whatsoever with regard to subrogation against Calhoun County as an indirect party to any suit arising out of personal or property damages resulting from vendor's performance under this agreement. Bonds• If this bid or proposal requires submission of bid or proposal guarantee and performance bond, there will be a separate page explaining those requirements. Bids or proposals submitted without the required bid bond or cashier's checks are not acceptable. Taxes: Calhoun County is exempt from all federal excise taxes and sales tax (state, city and county sales tax). Tax exempt forms will be furnished upon request to the Calhoun County Auditor's Office. Pricing: Prices for all goods and/or services shall be firm for the duration of this bid, proposal and/or contract and shall be stated on the bid sheet, proposal and/or contract. Prices shall be all inclusive. All prices must be written in ink or typewritten. Pricing on all transportation, freight, and other charges are to be prepaid by the vendor and included in the bid, proposal and/or contract prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, vendor must indicate the items required and their costs or forfeit the right to payment for such items. Inspections: Calhoun County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department before accepting them. Testing: Calhoun County reserves the right to test equipment, supplies, materials and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection. Awards: Calhoun County reserves the right to award this bid, proposal and/or contract on the basis of lowest and best bid, proposal and/or contract that met specifications in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one vendor, to reject any or all bids, proposals and/or contracts and to be the sole judge in determining which bid, proposal and/or contract will be most advantageous to Calhoun County. An award is final only upon formal execution by the Calhoun County Commissioners' Court. Page 3 of 9 In the event of tie bids, proposal and/or contracts, the winning bid, proposal and/or contract is determined per the Texas Local Governmental Code 262.027(b). Calhoun County, Texas is an Equal Employment Opportunity Employer. The County does not discriminate on the basis of race, color, nation origin, sex, religion, age or handicapped status in employment or the provision of services. Assignment: The successful vendor may not assign, sell or otherwise transfer this bid, proposal and/or contract without written permission of Calhoun County Commissioners' Court. Term of Bids, Proposals and/or Contracts: If the bid, proposal and/or contract are intended to cover a specific time period, said time will be given in the specifications and/or instructions. Bid, Proposal and/or Contract Obligation: Calhoun County Commissioners' Court must award the bid, proposal and/or contract. If a contract is required, the County Judge or other person authorized by Commissioners' Court must sign the contract before it becomes binding on Calhoun County. DeliverV• All items shall be shipped F.O.B. inside (or site location) delivery unless otherwise stated in the specifications. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the County to purchase supplies from the next lowest bidder that met specifications. Resections: Articles not in accordance with samples and specifications must be removed by the vendor at the vendor's expense. All disputes concerning quality of supplies, products, and/or services delivered under this bid, proposal and/or contract will be determined by Commissioners' Court or their designated representative. Termination: Calhoun County reserves the right to terminate the bid, proposal and/or contract for default if the vendor breaches any of the terms therein, including warranties of vendor or if the vendor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Calhoun County's satisfaction and/or to meet all other obligations and requirements. Bids, proposals and/or contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified. The vendor or Calhoun County must state therein the reasons for such cancellation. Calhoun County reserves the right to award cancelled bid, proposal and/or contract to the next lowest and best vendor that met specifications and is deemed to be in the interest of the County. Page 4 of 9 Delinquent Property Taxes: Calhoun County reserves the right to reject any bid, proposal and/or contract submitted by a vendor owing delinquent property taxes to Calhoun County, Texas. Certificate of Interested Parties — Form 1295 Section 2252.908 was added to the Government Code by the 84th Texas Legislature through adoption of House Bill 1295. Senate Bill 255 adopted by the 85th Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal: https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The law states that a County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) has been completed and provided to the County at the time the contract is considered for action by Commissioners' Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract (bids and/or proposals also require Form 1295). The law does not apply to a contract, bid and/or proposal between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within thirty (30) days of approving a contract with a business entity. Governmental transparency is the objective of the law. A business entity will generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. An authorized agent of the business entity must sign the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct. Calhoun County Commissioners' Court will not consider for action any bid, proposal and/or contract with a business entity unless it is accompanied by a completed, signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. No later than thirty (30) days after Calhoun County Commissioners' Court approves a contract or awards a bid or proposal with a business entity, the County Clerk will file acknowledgement Page 5 of 9 of receipt of the Form 1295 with the Texas Ethics Commission. The Texas Ethics Commission will post the completed Form 1295 to its website within seven (7) business days after Calhoun County acknowledges receipt of the form. Debarment: Vendor certifies that at the time of submission of its bid, proposal and/or contract, vendor was not on the federal government's list of suspended, ineligible or debarred vendors and that vendor has not been placed on this list between the time of its bid, proposal and/or contract submission and the time of execution of the bid, proposal and/or contract. If vendor is placed on this list during the term of the bid, proposal and/or contract, the vendor shall notify the Calhoun County Auditor. False certification or failure to notify may result in termination of the bid, proposal and/or contract for default. Invoices and Payments: All invoices are subject to approval by the County Auditor's Office. Invoices shall be itemized and free of federal excise taxes and sales tax (state, city and county sales tax). Payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the County Treasurer's Office by the deadline time and date set forth by the Treasurer's office. No payment can be made or mailed out until approved by Commissioners' Court. Purchase order due dates/times and Commissioners' Court dates/times are subject to change. Calhoun County's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render the order null and void to the extent funds are not available and any delivered but unpaid goods will be returned to the seller by the county. Gratuities: Calhoun County may, by written notice to the vendor, cancel any order and/or service without liability, if it is determined by the County that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the vendor, or any agent or representative of the vendor to any officer or employee of Calhoun County with a view toward securing an order and/or service. In the event an order and/or service is canceled by the County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by vendor in providing such gratuities. Warranty Product: Vendor shall not limit or exclude any implied warranties and any attempt to do so shall render an order voidable at the option of the County. Vendor warrants that the goods and/or services furnished will conform to the specifications, drawings, and description listed in the bid invitation, proposal and/or contract and to the sample(s) furnished by vendor if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. Page 6 of 9 Cancellation: Calhoun County shall have the right to cancel for default all or any part of the undelivered portion of an order and/or services if vendor breaches any of the terms hereof including warranties of vendor, or if the vendor becomes insolvent or files for protection under the bankruptcy laws. Such rights of cancellation are in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Force Maieure: Force Majeure means a delay encountered by a party in the performance of its obligations under this Agreement, which is caused by an event beyond the reasonable control of that party. Without limiting the generality of the foregoing, "Force Majeure" shall include but not be restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. In the event of a Force Majeure, the affected party shall not be deemed to have violated its obligations under this Agreement, and the time for performance of any obligations of that party shall be extended by a period of time necessary to overcome the effects of the Force Majeure, provided that the foregoing shall not prevent this Agreement from terminating in accordance with the termination provisions. If any event constituting a Force Majeure occurs, the affected party shall notify the other parties in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. Waiver• No claim or right arising out of a breach of any bid, proposal and/or contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Applicable Law: This agreement shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas and in effective on the date of bid, proposal and/or contract. Prohibition against Personal Interest in Bids, Proposals and/or Contracts: No officer or employee of the County shall have financial interest, direct or indirect, in any bid, proposal and/or contract with the County, or shall be financially interested, directly or indirectly, in the sale to the County of any land, materials, supplies, or service, except on behalf of the County as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall be subject to disciplinary action under applicable laws, statutes and codes of the State of Texas. Any violation of this section, with the knowledge, expressed or implied of the person or corporation contracting with the County shall render the bid, proposal and/or contract involved voidable by the Calhoun County Commissioners' Court. Insurance: Before commencing work, the successful vendor shall be required, at his own expense, to furnish the Calhoun County Auditor within ten (10) days of notification of award with a Page 7 of 9 certificate of insurance showing the following insurance coverage to be in force throughout the term of the bid, proposal and/or contract: General Liability ($100,000/$300,000 or greater) Workers' Compensation (at Statutory Limits) Employers Liability ($1,000,000 or greater) Auto Insurance ($100,000 BIPP/$300,000 BIPO/$100,000 PD or greater) The certificate must reflect that Calhoun County is an additional insured on the General Liability coverage. Each insurance policy to be furnished by successful vendor shall include, by endorsement to the policy, a statement that a notice shall be given to the Calhoun County Auditor by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. OSHA Requirements: The vendor or contractor hereby guarantees to Calhoun County, Texas that all materials, supplies, equipment or services listed on the bid, proposal and/or contract, purchase order or invoice meets the requirements, specifications and standards as provided for under the Federal Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. Protest Procedures: All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. Any actual or prospective vendor who believes they are aggrieved in connection with or pertaining to a bid, proposal and/or contract may file a protest. The protest must be delivered in writing to the Calhoun County Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: Name, mailing address and business phone number of the protesting party; Appropriate identification of the bid, proposal and/or contract being protested; A precise statement of the reasons for the protest; and Any documentation or other evidence supporting the protest and any alleged claims. The County Auditor's Office will attempt to resolve the protest, including at the County Auditor's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Commissioners' Court. If the County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review such documentation and information. If additional information is required, Commissioners' Court will notify the protesting party to provide such information. The decision of Commissioners' Court will be final Page 8 of 9 Public Information Act: All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. CALHOUN COUNTY AUDITOR To request information from Calhoun County, please contact: Cindy Mueller Calhoun County Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: cindy.mueller@calhouncotx.org To request a bid/proposal package: Peggy Hall Assistant Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: Peggy.haII@calhouncotx.org Page 9 of 9 CALHOUN COUNTY, TEXAS Calhoun County Adult Detention Center Request For Bid INMATE TELEPHONE SERVICES and RESIDENTIAL BANKING SOFTWARE, COMMISSARY SERVICE & FIDUCIARY MANAGEMENT SERVICES Term: Two (2) Years February 15, 2019 thru February 14, 2021 With the option to renew yearly (one year terms) upon Commissioners' Court Approval BID SPECIFICATIONS INSTRUCTIONS Commissioners' Court of Calhoun County, Port Lavaca, Texas, is requesting sealed bids to be received for: Inmate Telephone Services and Residential Banking Software, Commissary Service and Fiduciary Management Services RETURN BID TO: HONORABLE MICHAELJ PFEIFER, COUNTY JUDGE 211SANNST 3RD FLOOR, STE 301 PORT LAVACA, TEXAS 77979 DUE: Sealed bids shall be received no later than: 10:00 AM, Thursday, December 6, 2018 Mark outside of Sealed Envelope: Sealed Bid — Inmate Telephone Services and Residential Banking Software, Commissary Service and Fiduciary Management Services (If you send your bid by UPS, FEDEX, etc, the outside of this envelope or box must be marked — Sealed Bid — Inmate Telephone Services and Residential Banking Software, Commissary Service and Fiduciary Management Services) IT IS UNDERSTOOD THAT Calhoun County reserves the right to accept or reject any and/or all bids as it shall deem to be in the best interest of Calhoun County. Receipt of any bid shall under no circumstances obligate Calhoun County to accept the lowest bid. The award of the contract shall be made to the responsible bidder, whose bid is determined to be the most beneficial offer to Calhoun County, taking into consideration the relative importance of price and other factors set forth in the request for bid. BIDS SHALL include this Request and all additional documents submitted. Any interlineations, alterations, or erasures made before receiving time must be initialed by the signer of the bid, guaranteeing authenticity. Each bid shall be manually signed in ink by a person having the authority to bind the firm in a contract and marked clearly on the outside and placed in a separate sealed envelope. Facsimile transmittals shall not be accepted. Page 1 of 14 LATE BIDS will be considered void and unacceptable. Calhoun County is not responsible for lateness of mail, carrier, etc., and date/time stamp in the County Judge's Office shall be the official time of receipt. BIDS WILL BE received and publicly acknowledged at the location, date, and time stated above with bid amounts to be made available after the contract is awarded. Bidders, their representative and interested persons may be present at the bid opening. Bids will be considered for award on Wednesday, December 19, 2018. After the award, bid tabulations will be available form the Auditor's Office. II. SCOPE OF WORK A. PURPOSE Calhoun County's intent of this Request for Bid and resulting contract is to obtain bids from and the services of a qualified firm with extensive experience in providing the combined Inmate Telephone Services and Resident Banking Software, Commissary Service & Fiduciary Management Services. B. INFORMATION / QUESTIONS Jail population varies: Average daily population is 95. Jail Capacity is 144 Requests for information regarding facility or technical questions related to this bid should be directed to: Mailing Address: Michelle Velasquez, Jail Administrator, 302 West Live Oak St., Port Lavaca, TX 77979 Physical Address: Michelle Velasquez, Jail Administrator, 302 West Live Oak St, , Port Lavaca, TX 77979 or by calling (361) 553-4481 C. EVALUATION CRITERIA AND FACTORS The award of the agreement shall be made to the responsible bidder, whose bid is determined to be the most beneficial offer to Calhoun County, taking into consideration the relative importance of price and other factors set forth in the Request for Proposals in accordance with the Texas Local Government Code, Chapter262. The evaluation criteria will be based on the following factors: Bidder's Total Proposed Price / Financial Offering 1. Bidder's proposed commission paid to County (based on gross revenue to be defined as revenue on all calls including but not limited to international, local and long distance calls, completed ornot completed, originating from inmate non -coin phones including calls for which payment cannot be collected from customers.) 2. Cost Proposal's compliance with minimum specifications and Financial Offering. Page 2 of 14 Bidder's Support / Service / Warranty / Qualifications 1. Financial Stability 2. Qualifications/ experience and references with other institutions similar in size to Calhoun County Adult Detention Center. 3. Capability to provide prompt responsive service and off site technical support 4. Proposed Warranty and Maintenance Programs S. Bidder's ability to perform (including documented history of making timely commission payments as required by these specifications). The proposed product and services meeting Calhoun County's needs and requirements 1. Adhere to requirements of the specifications 2. Bidder's responsibility clearly defined 3. Calhoun County's participation and responsibility clearly defined 4. Demonstrated ability to fully meet the needs of Calhoun County including future needs through enhancements and upgrades. S. System Features: Written in Visual Basic, Utilizes a MS SQL Database, Allows for System Wide Settings, Allows for Individual Facility Site Settings, Database will include web based and backed up D. SUBMITTAL For proper comparison and evaluation, Calhoun County requests that proposals address, at a minimum, the following format: 1. Cover Letter —A brief introductory letter of representation. 2. Executive Summary— A brief summary highlighting the most important points in the proposal including but not limited to the following: (a) statement indicating the company which will be providing the services and indicating any subcontractors which will be utilized (b) statement indicating the point of contact for bid clarification or additional Information (c) statement indicating the person authorized to legally obligate the vendor (d) provide complete contact information to include name, address, phone, fax, and email address for the contact person. 3. Degree of Compliance —A statement that all products and services quoted in proposal is in full accord with the specifications or a brief listing of all those specification sections to which the bidder takes exception. Please send latest year certification (documentation that certifies the right to do business in the State of Texas). 4. Proposal Pricing/ Delivery— Pricing shall be itemized for all items requested and included in this proposal. Brief notes referencing specific line items may be included, if necessary, for explanation. A schedule of delivery, transition and installation must also be included. Page 3 of 14 S. Explanations and Exceptions — Explanations, exceptions, comments, etc., pertaining to the specific sections of the specifications. All comments shall be listed and numbered in order of the respective article of the specification. 6. Descriptive Literature — Illustrative or descriptive literature, brochures, specifications, drawings, diagrams, etc., that provide additional product/ service information with regard to issues addressed in other areas of the bidder's proposal. 7. Contractor Background Information -This section should include a description of the bidder's experience with other services similar to the one described herein, This information should include scope of several similar jobs including magnitude and cost, customer contacts and other information that Calhoun County can use as a basis for performance evaluation. This section should also include information on your organization and staff assigned to the project. 8. References — Vendor shall submit with this proposal a list of at least three (3) references where like services or similar projects have been performed by their firm. Include name of firm, address, telephone number and name representative. 9. Financial Qualifications —The vendor will provide the following information: (a) most recent 3 year independent audit conducted by a publicly recognized audit firm (b) corporate credit and financial references to include at least two bank references (c) certificate of insurance (d) company drug screen policy and background check procedure E. ADDITIONAL SUBMISSIONS. 1. Copy of all rates, surcharges and financial offerings proposed 2. Theory of operation for proposed system 3. System features list with feature capabilities included in proposal 4. Sample copies of all management, transaction, and financial reports available to Calhoun County and description of format and cycle S. Contract with proposed rates and financial offerings 6. A Transaction Schedule to demonstrate bidder's plans to migrate all current services to new services without interruption and how accounting of revenue will be controlled to insure maximum commission during transaction F. COST SUBMITTAL/ RATES and FINANCIAL OFFERING The cost proposal should contain the commission percentage on gross revenue Calhoun County will receive based on gross revenue to be defined as revenue on all calls and payment methods originating from inmate non — coin phones including calls for which payment cannot be collected from customers. Payments will be paid on a monthly basis 30 days after the end of the month in which calls were incurred. Page 4of14 The vendor will include any and all financial offerings in response to the bid. The vendor will provide the following information at a minimum: (a) Details of billing and payment arrangements (b) Commission rate to be remitted and net sales calculations (c) Sample monthly commission statements (d) Projected revenue for Calhoun County Adult Detention Center G. OTHER PROJECTS INVOLVED WITH Bidder shall provide a list of other projects that you are currently involved with or will be involved with. H. TERM The term of the contract will be for a two-year period beginning February 15, 2019 and ending February 14, 2021 with the option to renew yearly (one year terms). Each one year renewal must be approved by Commissioners' Court prior to the end date of the agreement. Calhoun County will perform routine audits during this contract period. ALL SERVICES MUST BE SET UP AND READY FOR OPERATION BY FEBRUARY 15, 2019 1. MINIMUM TECHNICAL REQUIREMENTS —TELEPHONE SERVICES 1. General a. 24 — Hour service will be required with personal contact and response time of 8 hours for software services and within 8 hours for repair service. b. Monthly statements and backup reports shall be forwarded with each commission payment to: Calhoun County Adult Detention Center, Attention: Michelle Velasquez, Jail Administrator, 302 West Live Oak St., Port Lavaca, Texas 77979. c. All housing calls should be limited to a maximum of 15 minutes, visitation to 20 minutes and free calls at least 5 minute minimum. They all should have automatic cut-off. Hours of availability for inmates in housing is 6 am to 10 pm and 24 hours in booking. d. All current cabling is property of Calhoun County and any additional wiring or equipment (besides phone units) becomes property of Calhoun County. e. The awarded vendor will provide Inmate Telephone Service for the Calhoun County Adult Detention Center. f. All vendors responding to this request acknowledge that they understand the specifications and scope of the project in its entirety. Vendors may inspect the site by contacting, Michelle Velasquez, Jail Administrator, Calhoun Co. Adult Detention Center, (361) 553-4481 or Rachel Martinez, Asst. Jail Administrator (361-553-4482). Page 5 of 14 2. Pertinent Data — Law Enforcement Center a. Currently, the following telephone requirements exist utilizing individual lines and will be required, at a minimum: • 1 phone at booking to provide two free local calls (providing at least a 5 minute complete call) per inmate booked at jail with the ability to call cell phones, long distance and local • 8 visitation telephones • 2 portable telephones in the jail hallway • 12 telephones in the housing areas b. Date, Time and duration of all calls in a report separating by type of call, must be submitted to the Sheriff on a monthly basis (acceptable in disk format, email or online, web based). c. System shall have the ability to block and unblock calls as required by the Jail Administrator. d. System shall have the ability to manage individual phones in the facility. e. Calhoun County has estimated that the Spanish only speaking population of the Jail is approximately 5-10% at any given time. Option for Spanish on phones will be available. f. Calhoun County does use a Sheriff's Office number as an identifying number, a PIN # may be generated at booking but must become inactive upon release. g. Calhoun County currently has an established time period that the phones are in use, 6:00 AM to 10:00 PM for inmates in housing and 24 hours in booking. h. Digital recording and live monitoring of all phone calls placed and received by all telephones in the jail as well as reports for these calls will be available by web -based system. 3. Inmate Phone Processing Equipment The following are minimum requirements. Describe each process by recording on phone and by literature: 1. Step by step procedure to complete a collect call. 2. Step by step procedure to complete a pre -paid call. System must have internal debit system versus an outside calling card system 3. Blocking of certain numbers and the procedure. Receiving party must have the option to block incoming calls from the jail facility. 4. Live monitoring of all calls (inmates, booking and visitation phones.) 5. Digital recording of all calls (inmates, booking and visitation phones.) 6. Search and investigative capabilities. 7. PIN capabilities which become active at booking and inactive at release Describe the capabilities of the following features and investigative tools: Page 6 of 14 1. Live monitoring and digital recording of all inmate calls. 2. Live monitoring and digital recording of visitation phones 3. Hot Number Tracking and Notification Features. Describe the Hot Number Notification and tracking feature. The system must have the ability to call an investigator when certain programmed numbers are called and give the investigator the option to listen to the call live and digital record as allowed by law. 4. Debit and/or Pre -Paid calling process and recommended rates. 5. Called Party Automated Blocking of Collect Inmate Calls. 6. Elimination or ability to block three way calling. J. MINIMUM REQUIREMENTS — RESIDENT BANKING SOFTWARE, COMMISSARY SERVICES & FIDUCIARY MANAGEMENT SERVICES • Convert previous system information to current program with inmate status and balances by February 15, 2019 • Program works with current Jail Management System to add new inmates with Calhoun Sheriffs Office Number and enters as "Active" upon booking in and "Inactive upon release • Provide Commissary List specifically for inmates with health restrictions such as diabetic, high blood pressure, etc. Inmates on health restrictions may only order from this list. • Provide list of all food, hygiene, and related items available to resident (inmate) • Modify list to fit the needs of our facility • Provide a variety of items not currently offered, example: denture adhesive, sugar free products, ethnic products, low salt, etc • Commitment to provide profitable, secure, efficient, and reliable programs • Deliver on scheduled date, if holiday, prior arrangements made • Items are packaged with correction facility safety issues in mind (clear packaging) • Each individual inmate order packaged separately • Brand -name merchandise at lower prices • Advanced technology, scanning, and vending point of sale • Latest technology offered / update of software, including printing of inmate photo and/or other identifiers on check stubs • Equipment replacement if current contract renewed or if failure occurs • Tech support 24/7 • Early termination requires 60 days written notice by either party. Prior written notice must be delivered in person or sent by registered or certified mail, return receipt requested. • Sales representative must make contact at minimum quarterly to discuss concerns • Awarded vendor will pay all taxes (vendor remits all taxes on behalf of the jail) • Notify jail of any substitutes or back orders prior to delivery by email, fax or phone • Local and off -site backup of data Page 7 of 14 • Commission will be reflected correctly on invoicing and paid monthly • If available, phone services are compatible: inmates are able to place order on housed phone with available funds given however order will be confirmed by a Jail Officer prior to order being placed • Option to purchase hygiene items must be prior to other items if balance is $5 or more RESIDENT (INMATE) BANKING SOFTWARE REQUIREMENTS The following are the mandatory specifications that will be required of the resident banking software. The system must contain all of the requirements and system features that are outlined below. These must currently exist in the Resident Banking Software at the time of bid submission for the bid to be considered. SYSTEM REQUIREMENTS The proposed software must meet the following criteria to be considered compliant with the software specifications. System Features • Written in Visual Basic •Utilizes a MS SQL Database •Allows for System Wide Settings •Allows for Individual Facility Site Settings • Database will be web based and back up The proposed Inmate Banking Software should provide for an accurate, cashless accounting of all inmate monies, expenses, purchases, and pay -for -stay. At a minimum, it must contain all of the features and reporting, including the following: Software Features • Software Licensing for up to four computers to access the system • General Ledger with Automatic Dual Accounting Posting • General Ledger Reporting for all Ledger Accounts • Data Specific Reports for all Ledger Accounts • Provide for a Trail Balance to be run at any time • Fiscal Year Maintenance with End of Month Reporting • Allow for Year End Fiscal Adjustments to be entered prior to Closing the Fiscal Year • Checkbook Reconciliation • Resident Bail Module Complete with Reports Section • Resident Receivable Module Complete with Reports Section • Resident Module Complete with Reports Section Page 8 of 14 • Automatic Check Writer with Laser or Form Fed Check Capability • Transaction Audit Trail by User • Provide for an Automatic Checkbook Reconciliation Module • Vender will transfer existing account information from current system to their system upon installation • Allow for the input of Resident address and phone contact information for the purpose of generating invoices Receivable invoicing with complete Account Receivable Module and reporting to include an invoice generated at release & the ability to generate invoices which fit into window envelopes • Allow for an invoice to be generated at both release and at a facility defined time to generate an invoice which fits into a window envelope • Provide for a Multiple Release Module to release a group of inmates on the same check with appropriate report • Onsite Commissary Inventory Module with Reports Section • Resident Property Module with Reports Section • Indigent Module which includes the ability to rotate up to four (4) indigent packs individually for each inmate based upon monetary and time criteria to be determined by the facility • Allows for debt to be collected based upon a percentage of incoming funds to be determined by the facility • Allows for collected funds to be applied to debts either by priority, percentage, or defaults, commissary inventories, order spending limits, and indigent parameters • The system must always be in balance with a General Ledger • Provide reports on cash box/drawer balance and balance history • Provide reports on commissary orders, order rejections, and commissary sales and products offered • Provide reports of frozen inmate accounts or accounts with administrative holds or other facility designated restrictions • Provide account summaries (both individual and facility) including transaction history • Provide for escheating of checks • Provide for reports on all checkbook activity by operator defined criteria • Provide reports of daily and monthly balances, along with daily transactions • Allow for accounts to be closed with a facility defined minimum balance not to be paid to the resident • Provide for inactivity maintenance to include reporting and reclamation of moneys • Provide for resident intake (active) and release (inactive) reporting Page 9 of 14 • Allow for multiple checkbooks to be set up in the software • Allow for multiple profit accounts to be maintained within the software • Provide for multiple facility & operator log reports • Provide for the ability to perform automated group charges by facility designated criteria • Allow for the classification of inmates for the purpose of precluding charges being made on those accounts • Allow for the assignment of a facility designated permanent number (our Sheriff's Office inmate number) for each resident • Allow for reports to be run on both the permanent number and booking number for each resident • Allow for information from Jail Management system to be automatically entered into commissary information • Allow for tax reports on non -vendor products sold by facility to residents • Allow transfer of resident information from current vendor data to winning bid vendor data INVENTORY The vendor will describe the inventory management module in detail and insure that the system provides an inventory module that will contain, at a minimum, the following functions: Inventory Management Features • Ability to track inventory levels • Maintain a physical inventory count sheet • Generate reorder and restock reports • Maintain a listing of all inventory items available • Have the ability to maintain multiple site inventories COST RECOVERY COMPONENTS The vendor must describe in detail the capabilities of proposed system to implement an effective cost recovery program. The vendor will provide information regarding how other facilities have implemented a cost recovery program and the projected financial impact this will have to Calhoun County. The vendor will provide examples of other facilities within the State of Texas who have implemented similar cost recovery programs. HARDWARE The Vendor will provide the following computer hardware • One server and one work station with associated printers with a battery backup sufficient to carry the system Page 10 of 14 The vendor must provide details regarding: • List of hardware to be provided. All hardware provided must be new • Hardware support staff for Calhoun County and Training • Maintenance schedule for proposed equipment • 24/7 Support Proposed Operating Plan The vendor will provide the following information with regards to the proposed commissary services. a) Location of service center which will provide service to Calhoun County Adult Detention Center b) Overview of proposed operating plan to include service levels, delivery of products, and back up operating plan c) Order packaging procedures to include order filling procedures, and individual order packaging d) Order delivery procedures e) Complaint resolution process f) Projected sales with reference documentation Additional Services The vendor will provide the highlights of additional services or offerings available from the vendor which will benefit Calhoun County Adult Detention Center. The vendor will only submit services and software products that are currently available and in use at another correctional facility. The vendor will include any costs associated with the additional services. No other fees or charges may be billed to the Jail unless noted as an exception to the agreement. If exceptions are made to the agreement, they must be listed at the end as an exhibit. Exceptions may void the agreement. Financial Offering The vendor will include any and all financial offerings in response to the bid. The vendor will provide the following information at a minimum: a) Details of billing and payment arrangements b) Commission rate to be remitted and net sales calculations c) Sample monthly commission statements d) Projected revenue for Calhoun County Adult Detention Center Page 11 of 14 III. GENERAL CONTRACT TERMS AND CONDITIONS A. AGREEMENT This request for bid, and submitted documents, when properly accepted by Calhoun County shall constitute an agreement (contract) equally binding between the successful bidder and Calhoun County. No different or additional terms will become a part of this agreement with the exception of a Change Order approved by Commissioners' Court. B. CONFLICT OF INTEREST No public official shall have interest in this contract. C. CONFIDENTIALITY All information disclosed by Calhoun County to successful bidder for the purpose of the work to be done or information that comes to the attention of the successful bidder during the course of performing such work is to be kept strictly confidential. D. ADDENDA Any interpretations, corrections or changes to this request will be made by addenda. Sole issuing authority of addenda shall be vested in the Calhoun County Sheriff. Addenda will be mailed to all who are known to have received a copy of this Request for Bid. Bidders shall acknowledge receipt of all addenda. E. CHANGE ORDERS No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Calhoun County Sheriff and approved by Commissioners' Court. F. ASSIGNMENT The successful bidder shall not sell, assign, transfer or convey any contract resulting from this request, in whole or in part, without the prior written consent of Calhoun County Commissioners' Court. G. VENUE This agreement will be governed and construed according to the laws of the State of Texas. All disputes to be held in Calhoun County, Texas. This agreement is performable in Calhoun County, Texas. H. SUBMITTAL OF CONFIDENTIAL MATERIAL Any material that is to be considered as confidential in nature must be clearly marked as such by the bidder and will be treated as confidential by Calhoun County as allowed by the local government code. I. MINIMUM STANDARDS FOR RESPONSIBLE PROSECTIVE OFFERERS A prospective bidder must affirmatively demonstrate their responsibility. A prospective bidder must meet the following requirements: Page 12 of 14 1. have adequate financial resources, or the ability to obtain such resources as required; 2. be able to comply with the required or proposed delivery schedule; 3. have a satisfactory record of performance; 4. have a satisfactory record of integrity and ethics; S. be otherwise qualified and eligible to receive an award. Calhoun County may request representation and other information sufficient to determine bidder's ability to meet these standards list above. J. SUCCESSFUL BIDDER SHALL Successful bidder shall defend, indemnify and save harmless Calhoun County and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault or the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any agreement which may result from proposal award. Successful bidder shall pay anyjudgment with cost which may be obtained against Calhoun County growing out of such injury or damages. K. SALES TAX Calhoun County is by statute exempt from the State, County & City Sales Tax and Federal Excise Tax on Telephone Services and Other Services/Supplies provided to Calhoun County; therefore, the proposal price shall not include taxes. Sales tax on taxable items (commissary items, phone cards, etc) sold to inmates shall be collected by successful vendor and remitted on behalf of Calhoun County. L. DESIGN, STANDARDS AND PRACTICES Design, strength, quality of materials and workmanship must conform to the highest standards of engineering practices and/or professional services. M. BIDS / BIDDERS MUST COMPLY WITH: All federal, state, county and local laws governing or covering this type of service. N. PATENTS / COPYRIGHTS The successful bidder agrees to protect Calhoun County from claims involving infringements of patents and/or copyrights. O. TERMINATION OF AGREEMENT This agreement shall remain in effect until contract expires, completions and acceptance of services or default. Calhoun County reserves the right to terminate the contract immediately in the event the successful bidder fails to: 1. meet delivery or completion schedules, or 2. otherwise perform in accordance with the accepted proposal. Page 13 of 14 Breach of this agreement or default authorizes the County to award to anther bidder, purchase elsewhere and charge the full increase cost to defaulting bidder. Either party may terminate this agreement with a sixty-(60) day written notice prior to either party stating cancellation. The successful bidder must state therein the reasons for such cancellation. Prior written notice must be delivered in person or sent by registered or certified mail, return receipt requested, proper postage paid, and properly addressed to the other party at the address on the affidavit for the contractor or to County Judge Michael Pfeiffer, 211 South Ann Street Suite 301, Port Lavaca, Texas 77979. P. PERFORMANCE OF AGREEMENT Calhoun County reserves the right to enforce the performance of this agreement in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default or resulting contract award. All disputes will be held in Calhoun County, Texas. Q. COMMISSION PAYMENTS Commission payments shall be mailed directly to: Calhoun County Adult Detention Center, Attn: Michelle Velasquez, Jail Administrator, 302 West Live Oak St., Port Lavaca, Texas 77979 R. OWNERSHIP All plans, cabling, prints, designs, concepts, etc., shall become the property of Calhoun County. Page 14 of 14 AGREEMENT MC INMATE TELEPHONE SERVICES, RESIDENT BANKING SOFTWARE, COMMISSARY SERVICES & FIDUCIARY MANAGEMENT SERVICES THIS AGREEMENT, entered into and begun as of the 15`h day of February, by and between NAME OF VENDOR with principle offices at referred to as "Company" and Calhoun County Adult Detention Center, a correctional institution in the State of Texas, located at 302 West Live Oak St., Port Lavaca, Texas 77979 (hereinafter called "Jail"). WHEREAS, the Company is engaged in the business of providing telephone services for correctional facilities, and supplying food and other related products and services to inmate commissary departments of correctional facilities throughout the United States, including the Jail. WHEREAS, the Jail operates a jail known as the Calhoun County Adult Detention Center and wishes to enter into a Commissary Network Agreement to facilitate the ordering of commissary supplies by inmates and the payment of thereof, and to contract for inmate telephone services at the Jail. NOW thereof, in consideration of the mutual promises and conditions herein contained, it is agreed between the parties: 1. RESIDENT BANKING/COMMISSARY SERVICES HARDWARD AND SOFTWARE During the term of this Agreement the Company shall supply the Jail with such computer equipment and software to enable the Jail to access the system to account for inmate welfare funds maintained by the Jail and effect purchases by inmates from commissary supplied by the Company. During the term of this Agreement, such hardware will be installed and maintained by the Company and shall remain the sole property of the Jail. At termination of this Agreement, all such computer hardware and software shall be returned Page 1 of 10 by the Jail to the Company in the same condition, reasonable wear and tear accepted, as existed at the time such equipment was installed. 2. OPERATION OF COMMISSARY NETWORK The Jail agrees to employ the necessary staff person(s) necessary to operate the commissary, software, and distribute all commissary orders. The Company will agree to a regular weekly schedule of when the commissary order will be placed and delivered with the Jail Administrator. 3. RESIDENT BANKING/COMMISSARY SERVICES PAYMENT The Company will invoice the Jail for all commissary items purchased pursuant to the commissary network. The Jail will pay such invoices from inmate welfare funds and the Jail will be responsible for seeking reimbursement for inmate welfare funds. 4. RESIDENT BANKING/COMMISSARY SERVICES SERVICE FEE The Jail will be paid a service fee for the services to be provided by it hereunder equal to of adjusted gross sales. Adjusted gross sales are gross sales less the sales of non-commissioned items as determined by the Company and listed on Exhibit to this Agreement. In the event that the inmate's funds available to purchase commissary products are inhibited in any way by change in policy from the Jail, the service fee paid to the facility shall be reduced accordingly by the Company. Inmates will be charged a cost that includes applicable tax in product prices and taxes will be paid by the Company to the State when applicable. The Company will pay any applicable taxes or fees accrued from Commissary items to the appropriate entity, including the State of Texas. Commissary commissions will be paid to the Calhoun County Proceeds Account. 5. TELEPHONE SERVICES SCOPE OF AGREEMENT The Jail hereby agrees to contract the Company for the services described herein, and the Company agrees to provide such services at the time and in the manner and subject to the Page 2 of 10 following terms and conditions: Inmate Telephone Services is provided by the selling of prepaid calling cards to inmates or by using funds from the inmate's commissary account to purchase phone time. Company will pay the Jail (payable to Calhoun County) a cash sign on bonus in the amount of $ upon the execution of this agreement. Upon the beginning of this agreement Company will provide the Jail a total of $ worth (face value) of phone calling cards for free or in place of phone calling cards a check in the amount of $ payable to Calhoun County. Thereafter each card will be sold to the Jail at a % discount off the face value of each card. Jail shall retain the right to resell each card for their full value to the inmates. For each call made by an inmate the charge will be per minute to the phone calling card (see schedule). The per minute cost or call cost will include any applicable taxes. From the phone calling card or phone time used charges AND the Gross Billed Revenue on ALL CALLS (see schedule), % will go to the Jail and % to the Company and the payment to the Jail will never be less than $ per month. Inmate phone cost per minute includes any applicable taxes and fees accrued. The Company will pay any applicable taxes or fees accrued from inmate calls to the appropriate entity, including the State of Texas. Commissions will be paid to Calhoun County, Texas. Payment will be made by check, payable to Calhoun County, Attn: Michelle Velasquez, Jail Administrator, 302 West Live Oak St., Port Lavaca, TX 77979. Company will provide Jail with a phone at booking that allows two free 5 minute, local and/or long distance, completed calls per inmate booked into the Jail with the ability to call cell phones. 6. COMMISSARY AND TELEPHONE SERVICES Both Companies allow inmates to retrieve their balance from the inmate housing phone and place their Commissary order to be finalized by the phone system provided or a Jail staff officer at no fee. Page 3 of 10 The phone systems will retrieve inmate information from the jail management system. Phone recordings and usage of access to the internet or web -based phone system will be provided at no additional fee. Jail will not be charged for Company providing signage, training, repairs, updates, billing or collection. Collect Call Fees Call Type Connect Fee Surcharge 1st Minute Each Additional Minute Local Intralata Interlata Interstate Prepaid Phone Card Fees Call Type Connect Fee Surcharge 1st Minute Each Additional Minute Local Intralata Interlata Interstate International 7. TELEPHONE SERVICES SYSTEM REQUIREMENTS The system to be supplied by the Company must provide for recorded and literature step by step instructions to the inmate for the procedure to complete free, pre -paid and collect telephone calls. The system must have an internal debit system and not an outside calling card system. The Jail must have the ability to monitor, record, and make reports of all telephone calls made or received on the system at no additional charge. The system must provide the Jail with the ability to digitally record all telephone calls and system shall have in custody PIN capabilities which will be blocked once inmate is released. PINS become active at booking and inactive at release. Page 4 of 10 Visitation phones shall have the ability to have live and recorded monitoring and to digitally record by the Jail. The system will provide called party automated blocking of collect inmate calls. The system shall have the ability to block three (3) way calling. The system must provide live monitoring and digital recording of all calls placed and received by all telephones placed in the jail. Company will provide equipment for the system without cost to the Jail and inmate telephone services consisting of coinless telephone for use by inmate for making all calls including free, collect and pre -paid calls. The Jail shall receive from the Company an Inmate Telephone System that satisfies the above requirements. The system shall include call -processing software capable of providing automated collect calling. Ownership of all equipment shall remain with the Company. All current cabling shall remain the property of the Jail. The Company will block or unblock calls as required by the Jail and the system will provide the Jail with the ability to block calls and access all calls with called party information. Installation will be at the expense of the Company. The Company will provide management, operation and installation of the Inmate Telephone System, including but not limited to all labor, materials, equipment, permits, licenses and telephone lines, that are required to supply, install, repair, maintain or operate the system at no additional cost to the Jail. The system will include 1 telephone at booking to provide 2 free local calls (providing at least a 5 minute complete call) per inmate booked at the Jail with the ability to call locally, long distance and cell phones, 8 visitation telephones, 2 portable telephones in the Jail hallway, and 12 telephones in the Jail housing locations. The Company will provide management, operation and maintenance of all system equipment and software services and will dispatch technicians to provide on -site service within eight (8) hours of notification of a service disruption by the Jail at no charge to the Jail. Page 5 of 10 The Company will conduct remote polling. The Company will poll the inmate telephone system daily for the purpose of collecting all billable call records and for remote diagnostic maintenance. When polling reports indicate possible trouble the Company will make the necessary efforts to repair the problem as quickly as possible. Billing and collection will be done by the Company. The Company will establish, maintain and provide detailed billing and collection services for the Jail for call records originated from the Jail facility. Company at its own expense shall maintain sufficient records to permit determination of funds due to the Jail. Such records shall be made available to the Jail at no charge upon request. Reports shall include total calls, total minutes of use and type of call. The date, time and duration of all billable calls must be submitted to the Jail on a monthly basis. (Website, email or disk format is acceptable) Bad debt control will be provided by the Company. The Company will work closely with the Jail to develop controls and procedures to help control the bad debt amounts generated from the Jail facility. 8. TELEPHONE SERVICES PAYMENT The Company will forward monthly payments to the Jail on or about the 25`h day of each month or approximately 25 days after the end of each month in question. All statements and backup reports shall be attached to this payment. In addition to the Federal Communications Commission, the Texas Public Utility Commission, Texas Jail Commission or any other governmental agency with authority or jurisdiction over inmate telecommunications enters rules, orders, or judgments that would substantially impair or reduce gross revenue generation or allow the Company to process inmate calls as envisioned by this agreement, the Company has the immediate option to renegotiate the commission. If the Jail and the Company cannot agree on an adjusted percentage commission then either party may terminate this agreement upon thirty (30) days written notice. 9. TELEPHONE SERVICES FURTHER ASSURANCES During the term of this agreement, including any renewal periods, the Jail agrees to: 1. Reasonably protect the equipment against willful abuse and promptly report any damage, service failure or hazardous conditions to the Company. 2. Provide, at it's own expense, necessary power and power source, and suitable space for Page 6 of 10 the equipment accessible to the user and the Company. 3. Permit reasonable access to the Jail Facility in accordance with the Jail's policies, without charge or prejudice to Company employees or representatives. 4. Inmate will only have access to telephone services from 6:00 a.m. to 10:00 p.m. each day with the exception of the booking phone which will be available 24 hours. 5. Inmate telephone call duration will be limited to 15 minutes in housing locations. 6. Visitation telephone call duration will be limited to 20 minutes. 7. Booking telephone call duration will be at least a 5 minute free phone call to local, long distance and cell phones. 8. Monthly statements (recap) and backup reports, also accessible online, shall be forwarded with each commission payment to: Calhoun County Adult Detention Center, Attention: Michelle Velasquez, Jail Administrator, 302 West Live Oak St., Port Lavaca, Texas 77979. 10. FORCE MAJEURE The Company shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, governments regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic eruptions or other environmental disturbances, unusual severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation common carriers. 11. LIMITATION OF LIABILITY The Company will use due care in processing all work and agrees that it will at its own expense, correct any errors which are due solely to the delivery of commissary, malfunction of the Company's computers, operating systems or programs or errors or acts of negligence by the Company employees. The Jail agrees that the Company has made no additional warranties or representations relied upon by the Jail to accept and execute this agreement. The Jail agrees the Company will not be liable for any lost revenue or service disruptions Page 7 of 10 of other service providers involved in the public communications network. 12. TERM & TERMINATION The term of this agreement shall begin on February 15, 2019 and continue in full force and effect for a period of two (2) years from such date unless terminated in accordance with the terms of this agreement. At the end of the initial agreement, the agreement has the option to renew yearly (one year terms) upon Commissioners' Court approval. Each one year renewal must be approved by Commissioners' Court prior to the end date of the agreement. This agreement may be terminated by either party at any time for any reason upon giving 60 days written notice to the other party of such termination. Written notice must be delivered in person or sent by registered or certified mail, return receipt requested. Either party has immediate termination rights for cause. 13. GOVERNING LAW This agreement shall be governed by the laws of the State of Texas. For any disputes, Calhoun County, Texas will be the County of venue for any suit involving any dispute that may arise under this agreement. Company agrees to charge inmates appropriate sales tax and or fees and remit all such sales tax and or fees for this Commissary and Telephone operation on behalf of the Jail. 14. AUDIT The Jail will be permitted by the Company to audit, read, review and copy all records pertaining to this agreement at no additional charge. 15. NOTICES Notices are to be made in writing and directed to the following: Jail: Calhoun County Attn: Calhoun County Judge 211 S. Ann, Room 301 Port Lavaca, Texas 77979 Tel: 361-553-4600 Fax:361-553-4444 Company: Page 8 of 10 16. DISCLOSURE OF FEES AND OR CHARGES: No other fees or charges may be billed to the Jail unless noted as an exception to this agreement. If exceptions are made to this agreement, they must be listed at the end as an exhibit. Exceptions may void the agreement. 17. ENTIRE AGREEMENT WAIVER This agreement constitutes the entire agreement between the parties with respect to the provisions of delivery services, and there are no other further written or oral understandings or agreements with respect thereto. No variation or modification of the agreement and no waiver of its provisions shall be valid unless in writing and signed by the duly authorized offices of the Company and the Jail. This Agreement supersedes all other agreements between the parties for the provision of Inmate Telephone Services and / or Resident Banking Software, Commissary Service and Fiduciary Management Services. IN WITNESS HEREOF, the parties have executed this Inmate Telephone Services and Resident Banking Software, Commissary Service and Fiduciary Management Services as of the year and date written. This Agreement begins February 15, 2019 and ends on February 14, 2021 with the option to renew yearly (one year terms) upon Commissioners' Court approval. Each one year renewal must be approved by Commissioners' Court prior to the end date of the agreement. JAIL Calhoun County Adult Detention Center Jail Name & Title (Signature) Printed Name & Title Date Signed COMPANY Name of Company (Print) Name & Title (Signature) Printed Name & Title Date Signed Page 9 of 10 EXHIBIT Use this page(s) to attach exhibits Example: Exhibit on how commissions are determined and list of non-commissioned items Page 10 of 10 AGREEMENT INMATE TELEPHONE SERVICES, RESIDENT BANKING SOFTWARE, COMMISSARY SERVICES & FIDUCIARY MANAGEMENT SERVICES THIS AGREEMENT, entered into and begun as of the 15th day of February. 2019, by and between NAME OF VENDOR with principle offices at referred to as "Company" and Calhoun County Adult Detention Center, a correctional institution in the State of Texas, located at 302 West Live Oak St., Port Lavaca, Texas 77979 (hereinafter called "Jail"). WHEREAS, the Company is engaged in the business of providing telephone services for correctional facilities, and supplying food and other related products and services to inmate commissary departments of correctional facilities throughout the United States, including the Jail. WHEREAS, the Jail operates a jail known as the Calhoun County Adult Detention Center and wishes to enter into a Commissary Network Agreement to facilitate the ordering of commissary supplies by inmates and the payment of thereof; and to contract for inmate telephone services at the Jail. NOW thereof, in consideration of the mutual promises and conditions herein contained, it is agreed between the parties: 1. RESIDENT BANKING/COMMISSARY SERVICES HARDWARD AND SOFTWARE During the term of this Agreement the Company shall supply the Jail with such computer equipment and software to enable the Jail to access the system to account for inmate welfare funds maintained by the Jail and effect purchases by inmates from commissary supplied by the Company. During the term of this Agreement, such hardware will be installed and maintained by the Company and shall remain the sole property of the Jail. At termination of this Agreement, all such computer hardware and software shall be returned Page 1 of 10 by the Jail to the Company in the same condition, reasonable wear and tear accepted, as existed at the time such equipment was installed. 2. OPERATION OF COMMISSARY NETWORK The Jail agrees to employ the necessary staff person(s) necessary to operate the commissary, software, and distribute all commissary orders. The Company will agree to a regular weekly schedule of when the commissary order will be placed and delivered with the Jail Administrator. 3. RESIDENT BANKING/COMMISSARY SERVICES PAYMENT The Company will invoice the Jail for all commissary items purchased pursuant to the commissary network. The Jail will pay such invoices from inmate welfare funds and the Jail will be responsible for seeking reimbursement for inmate welfare funds. 4. RESIDENT BANKING/COMMISSARY SERVICES SERVICE FEE The Jail will be paid a service fee for the services to be provided by it hereunder equal to % of adjusted gross sales. Adjusted gross sales are gross sales less the sales of non-commissioned items as determined by the Company and listed on Exhibit to this Agreement. In the event that the inmate's funds available to purchase commissary products are inhibited in any way by change in policy from the Jail, the service fee paid to the facility shall be reduced accordingly by the Company. Inmates will be charged a cost that includes applicable tax in product prices and taxes will be paid by the Company to the State when applicable. The Company will pay any applicable taxes or fees accrued from Commissary items to the appropriate entity, including the State of Texas. Commissary commissions will be paid to the Calhoun County Proceeds Account. 5. TELEPHONE SERVICES SCOPE OF AGREEMENT The Jail hereby agrees to contract the Company for the services described herein, and the Company agrees to provide such services at the time and in the manner and subject to the Page 2 of 10 following terms and conditions: Inmate Telephone Services is provided by the selling of prepaid calling cards to inmates or by using funds from the inmate's commissary account to purchase phone time. Company will pay the Jail (payable to Calhoun County) a cash sign on bonus in the amount of $ upon the execution of this agreement. Upon the beginning of this agreement Company will provide the Jail a total of $ worth (face value) of phone calling cards for free or in place of phone calling cards a check in the amount of $ payable to Calhoun County. Thereafter each card will be sold to the Jail at a % discount off the face value of each card. Jail shall retain the right to resell each card for their full value to the inmates. For each call made by an inmate the charge will be per minute to the phone calling card (see schedule). The per minute cost or call cost will include any applicable taxes. From the phone calling card or phone time used charges AND the Gross Billed Revenue on ALL CALLS (see schedule), % will go to the Jail and % to the Company and the payment to the Jail will never be less than $ per month. Inmate phone cost per minute includes any applicable taxes and fees accrued. The Company will pay any applicable taxes or fees accrued from inmate calls to the appropriate entity, including the State of Texas. Commissions will be paid to Calhoun County, Texas. Payment will be made by check, payable to Calhoun County, Attn: Michelle Velasquez, Jail Administrator, 302 West Live Oak St., Port Lavaca, TX 77979. Company will provide Jail with a phone at booking that allows two free 5 minute, local and/or long distance, completed calls per inrnate booked into the Jail with the ability to call cell phones. 6. COMMISSARY AND TELEPHONE SERVICES Both Companies allow inmates to retrieve their balance from the inmate housing phone and place their Commissary order to be finalized by the phone system provided or a Jail staff officer at no fee. Page 3 of 10 The phone systems will retrieve inmate information from the jail management system. Phone recordings and usage of access to the internet or web -based phone system will be provided at no additional fee. Jail will not be charged for Company providing signage, training, repairs, updates, billing or collection. Collect Call Fees Call Type Connect Fee Surcharge 1st Minute Each Additional Minute Local Intralata Interlata Interstate Prepaid Phone Card Fees Call Type Connect Fee Surcharge 1st Minute Each Additional Minute Local Intralata Interlata Interstate International 7. TELEPHONE SERVICES SYSTEM REQUIREMENTS The system to be supplied by the Company must provide for recorded and literature step by step instructions to the inmate for the procedure to complete free, pre -paid and collect telephone calls. The system must have an internal debit system and not an outside calling card system. The Jail must have the ability to monitor, record, and make reports of all telephone calls made or received on the system at no additional charge. The system must provide the Jail with the ability to digitally record all telephone calls and system shall have in custody PIN capabilities which will be blocked once inmate is released. PINS become active at booking and inactive at release. Page 4 of 10 Visitation phones shall have the ability to have live and recorded monitoring and to digitally record by the Jail. The system will provide called party automated blocking of collect inmate calls. The system shall have the ability to block three (3) way calling. The system must provide live monitoring and digital recording of all calls placed and received by all telephones placed in the jail. Company will provide equipment for the system without cost to the Jail and inmate telephone services consisting of coinless telephone for use by inmate for making all calls including free, collect and pre -paid calls. The Jail shall receive from the Company an Inmate Telephone System that satisfies the above requirements. The system shall include call -processing software capable of providing automated collect calling. Ownership of all equipment shall remain with the Company. All current cabling shall remain the property of the Jail. The Company will block or unblock calls as required by the Jail and the system will provide the Jail with the ability to block calls and access all calls with called party information. Installation will be at the expense of the Company The Company will provide management, operation and installation of the Inmate Telephone System, including but not limited to all labor, materials, equipment, permits, licenses and telephone lines, that are required to supply, install, repair, maintain or operate the system at no additional cost to the Jail. The system will include I telephone at booking to provide 2 free local calls (providing at least a 5 minute complete call) per inmate booked at the Jail with the ability to call locally, long distance and cell phones, 8 visitation telephones, 2 portable telephones in the Jail hallway, and 12 telephones in the Jail housing locations. The Company will provide management, operation and maintenance of all system equipment and software services and will dispatch technicians to provide on -site service within eight (8) hours of notification of a service disruption by the Jail at no charge to the Jail. Page 5 of 10 The Company will conduct remote polling. The Company will poll the inmate telephone system daily for the purpose of collecting all billable call records and for remote diagnostic maintenance. When polling reports indicate possible trouble the Company will make the necessary efforts to repair the problem as quickly as possible. Billing and collection will be done by the Company. The Company will establish, maintain and provide detailed billing and collection services for the Jail for call records originated from the Jail facility. Company at its own expense shall maintain sufficient records to permit determination of funds due to the Jail. Such records shall be made available to the Jail at no charge upon request. Reports shall include total calls, total minutes of use and type of call. The date, time and duration of all billable calls must be submitted to the Jail on a monthly basis. (Website, email or disk format is acceptable) Bad debt control will be provided by the Company. The Company will work closely with the Jail to develop controls and procedures to help control the bad debt amounts generated from the Jail facility. 8. TELEPHONE SERVICES PAYMENT The Company will forward monthly payments to the Jail on or about the 25`h day of each month or approximately 25 days after the end of each month in question. All statements and backup reports shall be attached to this payment. In addition to the Federal Communications Commission, the Texas Public Utility Commission, Texas Jail Commission or any other governmental agency with authority or jurisdiction over inmate telecommunications enters rules, orders, or judgments that would substantially impair or reduce gross revenue generation or allow the Company to process inmate calls as envisioned by this agreement, the Company has the immediate option to renegotiate the commission. If the Jail and the Company cannot agree on an adjusted percentage commission then either party may terminate this agreement upon thirty (30) days written notice. 9. TELEPHONE SERVICES FURTHER ASSURANCES During the term of this agreement, including any renewal periods, the Jail agrees to: 1. Reasonably protect the equipment against willful abuse and promptly report any damage, service failure or hazardous conditions to the Company. 2. Provide, at it's own expense, necessary power and power source, and suitable space for Page 6 of 10 the equipment accessible to the user and the Company. 3. Permit reasonable access to the Jail Facility in accordance with the Jail's policies, without charge or prejudice to Company employees or representatives. 4. Inmate will only have access to telephone services from 6:00 a.m. to 10:00 p.m. each day with the exception of the booking phone which will be available 24 hours. 5. Inmate telephone call duration will be limited to 15 minutes in housing locations. 6. Visitation telephone call duration will be limited to 20 minutes. 7. Booking telephone call duration will beat least a 5 minute free phone call to local, long distance and cell phones. 8. Monthly statements (recap) and backup reports, also accessible online, shall be forwarded with each commission payment to: Calhoun County Adult Detention Center, Attention: Michelle Velasquez, Jail Administrator, 302 West Live Oak St., Port Lavaca, Texas 77979. 10. FORCE MAJEURE The Company shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, governments regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic eruptions or other environmental disturbances, unusual severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation common carriers. 11. LIMITATION OF LIABILITY The Company will use due care in processing all work and agrees that it will at its own expense, correct any errors which are due solely to the delivery of commissary, malfunction of the Company's computers, operating systems or programs or errors or acts of negligence by the Company employees. The Jail agrees that the Company has made no additional warranties or representations relied upon by the Jail to accept and execute this agreement. The Jail agrees the Company will not be liable for any lost revenue or service disruptions Page 7 of 10 of other service providers involved in the public communications network. ' 12. TERM & TERMINATION The term of this agreement shall begin on February 15, 2019 and continue in full force and effect for a period of two (2) years from such date unless terminated in accordance with the terms of this agreement. At the end of the initial agreement, the agreement has the option to renew yearly (one year terms) upon Commissioners' Court approval. Each one year renewal must be approved by Commissioners' Court prior to the end date of the agreement. This agreement may be terminated by either party at any time for any reason upon giving 60 days written notice to the other party of such termination. Written notice must be delivered in person or sent by registered or certified mail, return receipt requested. Either party has immediate termination rights for cause. 13. GOVERNING LAW This agreement shall be governed by the laws of the State of Texas. For any disputes, Calhoun County, Texas will be the County of venue for any suit involving any dispute that may arise under this agreement. Company agrees to charge inmates appropriate sales tax and or fees and remit all such sales tax and or fees for this Commissary and Telephone operation on behalf of the Jail. 14. AUDIT The Jail will be permitted by the Company to audit, read, review and copy all records pertaining to this agreement at no additional charge. 15. NOTICES Notices are to be made in writing and directed to the following: Jail: Calhoun County Attn: Calhoun County Judge 211 S. Ann, Room 301 Port Lavaca, Texas 77979 Tel: 361-553-4600 Fax:361-553-4444 Company: Page 8 of 10 16. DISCLOSURE OF FEES AND OR CHARGES: No other fees or charges may be billed to the Jail unless noted as an exception to this agreement. If exceptions are made to this agreement, they must be listed at the end as an exhibit. Exceptions may void the agreement. 17. ENTIRE AGREEMENT WAIVER This agreement constitutes the entire agreement between the parties with respect to the provisions of delivery services, and there are no other further written or oral understandings or agreements with respect thereto. No variation or modification of the agreement and no waiver of its provisions shall be valid unless in writing and signed by the duly authorized offices of the Company and the Jail. This Agreement supersedes all other agreements between the parties for the provision of Inmate Telephone Services and / or Resident Banking Software, Commissary Service and Fiduciary Management Services. IN WITNESS HEREOF, the parties have executed this Inmate Telephone Services and Resident Banking Software, Commissary Service and Fiduciary Management Services as of the year and date written. This Agreement begins February 15, 2019 and ends on February 14, 2021 with the option to renew yearly (one year terms) upon Commissioners' Court approval. Each one year renewal must be approved by Commissioners' Court prior to the end date of the agreement. Calhoun County Adult Detention Center Jail Name & Title (Signature) Printed Name & Title Date Signed 141110 7l►1'1 Name of Company (Print) Name & Title (Signature) Printed Name & Title Signed Page 9 of 10 EXHIBIT Use this page(s) to attach exhibits Example: Exhibit on how commissions are determined and list of non-commissioned items Page 10 of 10 INMATE TELEPHONE SERVICES AND RESIDENT BANKING SOFTWARE, COMMISSARY SERVICE AND FIDUCIARY MANAGEMENT SERVICES MISCELLANEOUS QUESTIONS / ANSWERS Miscellaneous Questions / Answers: 1) Is Calhoun Co, TX looking for a fiduciary person to run the inmate trust software or are they requiring just the inmate trust software? NO If the facility is looking for a fiduciary person, what hours per day is the facility looking for the vendor to staff the fiduciary person? 2) Just to clarify - is the facility looking for the vendor to provide someone who will deliver the commissary to the inmates, not just to the facility dock? NO If so, what day(s) per week and what hours on those day(s) is the person able to deliver the commissary? 3) In the conversion of the previous system information, will the new vendor be provided a file to download from the current vendor with inmate status and balances? YES 4) What information is the facility looking to transfer over to the new system? EVERYTHING Specifically, is the facility looking to transfer all debt (both active and inactive inmates)? YES 5) Who is the current Jail Management System (JMS) provider? SOUTHERN SOFTWARE 6) What version of the JMS system are you currently operation on? 17.3.0.5 7) Does the current JMS provider charge a fee to create the interface with the inmate trust software? THE RESPONSE FROM SOUTHERN SOFTWARE: IF IT'S ONE WE (SOUTHERN SOFTWARE) ALREADY HAVE AN INTERFACE WITH, THEN I (SOUTHERN SOFTWARE) BELIEVE THERE IS NO CHARGE. FROM SOUTHERN SOFTWARE 8) Can you provide contact information for the JMS? DEBBIE STEVENS EMAIL: dstevensL@southernsoftware.com 9) Is the facility requesting to have commissary picked and bagged onsite or are they looking to manage their own commissary products? NO If not, is there a reason why the facility is requiring "Onsite Commissary Inventory Module with Reports Section" and "Inventory Management Module Features"? AVAILABLE ON PREVIOUS PROGRAM AND MAY NEED THIS TO ADD INVENTORY THAT WE SELL TO INMATES NOT AVAILABLE FROM VENDOR 10) Is the facility interested in pod kiosks for commissary ordering, email, electronic grievances and other modules? YES, FOR COMMISSARY PURPOSES If so, how many would be required? 9 IN TANKS, 2 MOBILE FOR SEGREGATION CELLS AND 4 IN MEDICAL CELLS, 1 IN LOBBY. AT LEAST 16 Page 1 of 2 11) Is the facility interested in a lobby cashier and/or a booking cashier? YES, IF THIS IS THE SAME AS KIOSK FOR FAMILIES TO ADD MONEY TO COMMISSARY ACCOUNT 12) Who is the current vendor and what is the current commission rate? SEE ATTACHED FOR A COPY OF THE CURRENT AGREEMENT AND AMENDMENT NO. 1 TO THE AGREEMENT. 13) Please provide 6 months of commissary sales. SEE ATTACHED CURRENT COMMISSARY SALES — KEEFE INVOICES, JANUARY 2, 2018 THRU JUNE 26, 2018 14) Of the commissary sales, what are phone sales? AT PRESENT, PHONE SALES IS SEPARATE FROM COMMISSARY (DIFFERENT COMPANY) (SEE ATTACHED CURRENT AGREEMENT) SEE ATTACHED CURRENT PHONE COMMISSIONS — INMATE CALLING SOLUTIONS (ICS), 1sr AND 2No QUARTER 2018 15) Would the County be interested in debit release cards? YES 16) Does the County require a workstation to be provided by the vendor? YES, ONE TO WRITE CHECKS FROM. ACCESS ON AT LEAST 3 OTHER COMPUTERS, CAN BE WEB BASED TO CHECK BALANCES OR CHARGE ACCOUNTS. Page 2 of 2 INMATE TELEPHONE SERVICES AND RESIDENT BANKING SOFTWARE, COMMISSARY SERVICE AND FIDUCIARY MANAGEMENT SERVICES CURRENT AGREEMENT I PLus AMENDMENT NO. 1 TO CURRENT AGREEMENT INMATE TELEPHONE SERVICES, RESIDENT (BANKING SOFTWARE, COMMISSARY SERVICES & FIDUCIARY MANAGEMENT SERVICES THIS AGREEMENT, entered into and begun as of the 15th day of February. 20I5, by and between Inmate Calling Solutions, LLC with principle offices at NAMEOF VENDOR 2200 Danbury Street, San Antonio, Texas 78217 referred to as "Company" and Calhoun County Adult Detention Center, a correctional institution in the State of Texas, located at 302 West Live Oak, Port Lavaca, Texas 77979 (hereinafter called "Jail'). WHEREAS, the Company is engaged in the business of providing telephone services for correctional facilities, and supplying food and other related products and services to inmate commissary departments of correctional facilities throughout the United States, including the Jail. WHEREAS, the Jail operates a jail knows as the Calhoun County Adult Detention Center and wishes to enter into a Commissary Network Agreement to facilitate the ordering of commissary supplies by inmates and the payment of thereof; and to contract for inmate telephone services at the Jail. NOW thereof, in consideration of the mutual promises and conditions herein contained, it is agreed between the parties: 1. RESIDENT BANKING/COMMISSARY SERVICES HARDWARD AND SOFTWARE During the term of this Agreement the Company shall supply the Jail with such computer equipment and software to enable the Jail to access the system to account for inmate welfare funds maintained by the Jail and effect purchases by inmates from commissary supplied by the Company. During the term of this Agreement, such hardware will be installed and maintained by the Company and shall remain the sole property of the Jail. At termination of this Agreement, all such computer hardware and software shall be returned by the Jail to the Company in the same condition, reasonable wear and tear excepted, as existed at the time such equipment was installed. 2. OPERATION OF COMMISSARY NETWORK The Jail agrees to employ the necessary staff person(s) necessary to operate the commissary, software, and distribute all commissary orders. 3. RESIDENT BANKING/COMMISSARY SERVICES PAYMENT The Company will invoice the Jail for all commissary items purchased pursuant to the commissary network. The Jail will pay such invoices from inmate welfare funds and the Jail will be responsible for seeking reimbursement for innate welfare funds. 4. RESIDENT BANKING/COMMISSARY SERVICES SERVICE FEE The Jail will be paid a service fee for the services to be provided by it hereunder equal to 34 % of adjusted gross sales. Adjusted gross sales are gross sales less the sales of non-commissioned items as determined by the Company and listed on Exhibit A to this Agreement. In the event that the inmate's funds available to purchase commissary products are inhibited in any way by change in policy from the Jail, the service fee paid to the facility shall be reduced accordingly by the Company. Taxes will be included in product prices and paid by the Company. 5. TELEPHONE SERVICES SCOPE OF AGREEMENT The Jail hereby agrees to contract the Company for the services described herein, and the Company agrees to provide such services at the time and in the manner and subject to the following terms and conditions: Inmate Telephone Services is provided by the selling of prepaid' calling cards to inmates. Company will pay the Jail a cash sign on bonus in the amount of $ 50,000.00 upon the execution of this agreement. Upon the beginning of this agreement Company will provide the Jail a total of $ 0.00 worth (face value) of phone calling cards for free. Thereafter each card will be sold to Jail at a nla % discount off the face value of each card. Jail shall retain the right to resell each card for their fall value to the inmates. For each call made by an inmate the charge will be (See schedule) per minute to the phone calling card (see schedule). From these phone calling card charges AND the Gross Billed Revenue on ALL CALLS (see schedule), 50 e/e will go to the Jail and 50 % to the Company. Company will provide Jail with a phone at booking that allows two free 3-5 minute completed calls per inmate booked into the Jail with the ability to call cell phones. 6. COMMISSARY AND TELEPHONE SERVICES Both Companies allow inmates to retrieve their balance from the inmate housing phone and Place their Commissary order to be fmalized by a Jail staff officer at no fee. Jail will not be Charged for Company providing billing or collection Collect Call Fees Call Type Connect Fee Surcharge 1st Minute Each Additional Minute Local $3.95 $0.00 $0.00 Intralata $3.75 $0.30 $0.30 Interiata $3.75 $0.30 $0.30 Interstate $3.75 $0.00 $0.00 Prepaid Phone Card Fees Cali Type Connect Fee Surcharge 1st Minute Each Additional Minute Local $3.95 $0.00 $0.00 Intralata $3.75 $0.30 $0.30 Interiata $3.75 $0.30 $0.30 Interstate $3.15 $0.00 $0.00 International $4.00 $1.00 $1.00 7. TELEPHONE SERVICES SYSTEM REOUMEMENTS The system to be supplied by the Company must provide for recorded and literature step by step instructions to the inmate for the procedure to complete free, pre -paid and collect telephone calls. The system must have an internal debit system and not an outside calling card system. The Jail must have the ability to monitor, record and make reports of all telephone calls made or received on the system. The system must provide the Jail with the ability to digital record all telephone calls and system shall have in custody PIN capabilities which will be blocked once inmate is released. PINS become active at booking and inactive at release. Visitation phones shall have the ability to have live and recorded monitoring and to digital record by the Jail. The system will provide called party automated blocking of collect inmate COS. The system shall have the ability to block three (3) way calling. The system must provide live monitoring and digital recording of all calls placed and received by all telephones placed in the jail. Company will provide equipment for the system without cost to the Jail and inmate telephone services consisting of coinless telephone for use by inmate for making all calls including free, collect and pre -paid calls. The Jail shall receive from the Company an Inmate Telephone System that satisfies the above requirements. The system shall include call -processing software capable of providing automated collect calling. Ownership of all equipment shall remain with the Company. All current cabling shall remain the property of the Jail. The Company will block or unblock calls as required by the Jail and the system will provide the Jail with the ability to block calls. Installation will be at the expense of the Company. The Company will provide management, operation and installation of the Inmate Telephone System, including but not limited to all labor, materials, equipment, permits, licenses and telephone lines, that are required to supply, install, repair, maintain or operate the system. The system will include 1 telephone at booking to provide 2 free local calls (providing at least a 3-5 minute complete call) per inmate booked at the Jail with the ability to call cell phones, 8 visitation telephones, 2 portable telephones in the jail hallway, and 12 telephones in the jail barracks. The Company will provide management, operation and maintenance of all system equipment and software services and will dispatch technicians to provide on -site service within eight (8) hours of notification of a service disruption by the Jail. The Company will conduct remote polling. The Company will poll the inmate telephone system daily for the purpose of collecting all billable call records and for remote diagnostic maintenance. When polling reports indicate possible trouble the Company will make the necessary efforts to repair the problem as quickly as possible. Billing and collection will be done by the Company. The Company will establish, maintain and provide detailed billing and collection services for the Jail for call records originated from the Jail facility. Company at its own expense shall maintain sufficient records to permit determination of funds due to the Jail. Such records shall be made available to the Jail at no charge upon request. Reports shall include total calls, total minutes of use and type of call. The date, time and duration of all billable calls must be submitted to the Jail on a monthly basis. (Website, email or disk format is acceptable) Bad debt control will be provided by the Company. The Company will work closely with the Jail to develop controls and procedures to help control the bad debt amounts generated from the Jail facility. I TELEPHONE SERVICES PAYMENT The Company will forward monthly payments to the Jail on or about the 25 h day of each month or approximately 25 days after the end of each month in question. All statements and backup reports shall be attached to this payment. In addition to the Federal Communications Commission, the Texas Public Utility Commission, Texas Jail Commission or any other governmental agency with authority or jurisdiction over inmate telecommunications enters rules, orders, or judgments that would substantially impair or reduce gross revenue generation or allow the Company to process inmate calls as envisioned by this agreement, the Company has the immediate option to renegotiate the commission. If the Jail and the Company cannot agree on an adjusted percentage commission then either party may terminate this agreement upon thirty (30) days written notice. 9. TELEPHONE SERVICES FURTHER ASSURANCES During the term of this agreement, including any renewal periods, the Jail agrees to: 1. Reasonably protect the equipment against willful abuse and promptly report any damage, service failure or hazardous conditions to the Company. 2. Provide, at its own expense, necessary power and power source, and suitable space for the equipment accessible to the user and the Company. 3. Permit reasonable access to the Jail Facility in accordance with the Jail's policies, without charge or prejudice to Company employees or representatives. 4. Inmate will only have access to telephone services from 6:00 a.m. to 10:00 p.m. each day with the exception of the booking phone which will be available 24 hours. 5. Inmate telephone call duration will be limited to 15 minutes in housing. 6. Visitation telephone call duration will be limited to 20 minutes. 7. Booking telephone call duration will beat least a 3-5 minute free phone call to local, long distant and cell phones. 8. Monthly statements (recap) and backup reports, also accessible online, shall be forwarded with each commission payment to: Calhoun County Adult Detention Center, Attention: Rachel Martinez, Jail Administrator, 302 West Live Oak, Port Lavaca, Texas 77979. 10. FORCE MAJEURE The Company shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, governments regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic eruptions or other environmental disturbances, unusual severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation common carriers. 11. LIMITATION OF LIABILITY The Company will use due care in processing all work and agrees that it will at its own expense, correct any errors which are due solely to the malfunction of the Company's computers, operating systems or programs or errors or acts of negligence by the Company employees. The Jail agrees that the Company has made no additional warranties or representations relied upon by the Jail to accept and execute this agreement. The Jail agrees the Company will not be liable for any lost revenue or service disruptions of other service providers involved in the public communications network. 12. TERM & TERMINATION The term of this Agreement shall begin on February 15, 2015 and continue in full force and effect for a period of two (2) years from such date unless terminated in accordance with the terms of this agreement. Agreement also has the option to renew yearly for up to two (2) additional years. This Agreement may be terminated by either party at any time for any reason upon giving 60 days written notice to the other party of such termination. Either party has immediate termination rights for cause. 13. GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. For any disputes, Calhoun County, Texas will be the County of venue for any suit involving any dispute that may arise under this agreement. Company agrees to charge inmates appropriate sales tax and remit all such sales tax for this Commissary and Telephone operation on behalf of the Jail. 14. AUDIT The Jail will be permitted by the Company to audit, read, review and copy all records pertaining to this agreement. 15. NOTICES Notices are to be made in writing and directed to the following: Jail: Calhoun County Judge Michael Pfeifer 211 S. Ann, Room 301 Port Lavaca, Texas 77979 Tel: 361-553-4600 Fax:361-553-4444 16. ENTIRE AGREEMENT WAIVER Company: Inmate Calling Solutions, LLC 2200 Danbury Street San Antonio, TX 78217 This Agreement constitutes the entire Agreement between the parties with respect to the provisions of delivery services, and there are no other further written or oral understandings or agreements with respect thereto. No variation or modification of the Agreement and no waiver of its provisions shall be valid unless in writing and signed by the duly authorized offices of the Company and the Jail. This Agreement supersedes all other agreements between the parties for the provision of Inmate Telephone Services and I or Resident Banking Software, Commissary Service and Fiduciary Management Services. IN WITNESS HEREOF, the parties have executed this Inmate Telephone Services and Resident Banking Software, Commissary Service and Fiduciary Management Services as of the year and date written. This Agreement begins February 15, 2015 and ends on February 14, 2017 with the option to renew yearly for up to two (2) additional years, This option must be executed before the end date of the agreement. JAIL Calhoun County Adult Detention Center Jail Michael J Pfeifer, County Judge Printed Name & Title / , a� I. Date Signed COMPANY Inmate Calling Solutions, LLC Name of Company (Print) r®x(' z L~ 7 e Name & Title (Signature) Brendan Phiibin, VP Business Development Printed Name & Title Date Signed The commission will be based on the weekly, adjusted gross commissary sales. Adjusted gross sales are gross sales less postage sales or other noncommissioned sales. GROSS MONTHLY SALES LESS POSTAGE SALES LESS ADJUSTMENTS LESS SALES TAX = ADJUSTED COMMISSIONABLE SALES 34% PROPOSED COMMISSION RATE Phone Order Entry = Calhoun County Sheriff's Office Commissary Profit AMENDMENT No. 1 to the AGREEMENT FOR INMATE TELEPHONE SERVICES This Amendment No. 1 to the Agreement for Inmate Telephone Services dated 2/15/2015 (the "Agreement") is made by and between Inmate Calling Solutions, LLC, d/b/a ICSolutions ("Company") and the Calhoun County Adult Detention Center ("Jail") effective as of June 20, 2016 ("Amendment Date"). Whereas, the parties agree as follows: The Calling Rates set forth in Section 6 of the Agreement are hereby amended to be as follows: Collect caliin' Rates_ ? `i .. Per # Per --,. t Call Type ' Call Minute, j j Charge _ r e 0.00 0.25 1Intrastate/IntraLATA �0,00 $0.25 Intrastate%InterLATA L $000$0,25 r i Interstate _ . f $0.00 $0.2S , Pre aidi&;Debit;Calim ::Rates P I PO i Call Type C l i Minute i C ar- e Charne " Local 1921,, Intrastate IntraLATA 00 D 0.21 Intrastate/InterLATA $0.00 $0.21 ! Interstate t0.00 0.21 • International Debit �$0.00 1 $0.95 NOTES Domestic interstate rages apply.linr calls to U.S. territories including American Samoa, Guam, rPlorthern Mariana Islands, Puerto Rico and U.S. Virgin Islands. All non-U.S. destinations are rated as international. Call rates shown do not include local, county, state and federal taras, regulalwyfees and hillingfees. Non-Conunissionable Billing Fees Pcryrnerrt Processing Fee (Line Agent) ......................... 55.95 Pgvnrent Processing Fee (IVR or Internet) ................... $3.00 Bill Statement Fee (Collect & Direct Billing onhy... ..... 52.00 (AA other fees_ free or "caned) 2. The second to last sentence of Section 5 of the Agreement is hereby amended to read as follows: "From these phone calling card charges AND the Gross Billed Revenue on ALL CALLS (see schedule), 50% will go to the Jail and 50% to the Company and the payment to the Jail will never be less than $2, 500.00 per month." CONFIDENTIAL- Page I of 3. Except as amended herein, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment by their duly authorized representatives effective as of the Amendment Date first set forth above: Inmate Calling Solutions, LLC d/b/a ICSolutions (Signature) (Printed Name) (Title) Calhoun County Adult Detention Center (Signature),%^ D Michael J. Pfeifer (Printed Name) Calhoun County Judge (Title) - CONFIDENTIAL - Page 2 of 2 CURENT COMMISSARY SALES Keefe Invoices January 2, 2018 Thru June 26, 2018 0000000000000000000 wwwwwwwwNNNNNNNC)'�� NN-�-�-�-� OOOO NNNN»OO W W N oowwrnmrnm��oowwrnmooN wwcn'wmmoo'aa'o'Wo')coa'w'mammao w w W OJ W W N W N W W N W W J J J J V W w M 0 W W W W V V O O O Ut W NNW O M O)(f� A A A ANNtO W NO •�t000 (O W J W fONNNO<O (J�J O(OA W V NN J>lOJ-+wJOOJN W N W N W J W m (D ppN W �IJ V NV JIV O O)(O (P IV O)IJ (p00 V W>00 W O)<D' �I O) J N�INJ Nv Ot v� O;pO� Ut W O�O�• A A (O > O N W W O W O O N O N O> p> O W O W PA A A � O N O H W• .' 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W pm�O�O N `z0 m N N N ❑ W W Z'O N O N V W p0 C 0O 3 O n pN O• m N F OW -i 19 N K m N v W co O O N N N_ O m -On N N 3 W > J N Z Q W O 3 N m a o m x TO „am CURRENT PHONE COMMISSIONS Inmate Calling Solutions (ICS) 1st Quarter 2018 And 2nd Quarter 2018 Pi 0 (D N N N O 00 W �_ CD N (D .Z1 0 N O In Q.m E 0 < 0 N F 0 (D -i 0 v (D N O _ (D O_ 0 0 (D 0 0 0 6 i1 T 0 0 0 n w a T 0 0 0 p N N a p W j y � CY) 01 Ol ew•' N N N 0 O_ O O X 0 00 OD 00 Q, A W N (nUlQoo N N N K x 000 (D OD co 00 � m m 3 3 w S W W N C (0v m O-4 o N (0 O O pa a D3f-n`" Z � Ao p O O 00 W W 00 p A W �a N N rn\(oa 0)PiN N O O O co 00 co W co CO n _r_ Z O O>Z Imo w -9n0 JD Z A Z Z L. 00a oz0r 0°nc r -1 -00 O tzp z m V) m N N m m QQ -I m (D c � v m� m m CD o o m0 -3 D 3, c V Q Ul O O (n n O (D O 0) CD CD w N Q :] •D 0 m n d o. -n CD (D N � N O 3 N Nd(D( (D O O - (PV D (D m w a �m cn cn _'.', p n NN i:MT 00 !'. (D W W c w (D m A W N i OJ (O v W O CA) n cW N N N N O O O m m aJ or Z o,00 rn worn 9 O M a Z O `Q N N N O \ w v 0 0 0 ^ m a m as 0 D r Z0 O O>Z Imo � 900 aNDC A cnr-Z{ Z Z -G L 00D No Z y r y L 0 00 D C r i_ =0 O cA Z m cn Calhoun County Commissioners' Court— November 07, 2018 11. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 11) On proceeds in the amount of $6,733 from Texas Association of Counties (TAC) for a 2014 Ford Explorer, VIN 1FMSK8AR2EGA09126, which was damaged in an accident on 10/07/2018 and authorize all appropriate signatures on any necessary documents. Remove vehicle from Sheriff's Office inventory and allow any recovery revenue to be place into the Sheriff's Office operating budget. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 9 of 21 Calhoun County Commissioners' Court— November 07, 2018 12. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 12) To approve specifications and authorize the County Auditor to advertise for bids for Delivered Fuel Annual Supply Contract for the period beginning January 1, 2019 and ending December 31, 2019. Bids will be due Thursday, December 6, 2018 and considered for award on Wednesday, December 19, 2018. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 10 of 21 Agenda Item for Commissioners' Court —Wednesday,, November 7, 2018 Consider and take necessary action to approve specifications and authorize the County Auditor to advertise for bids for Delivered fuel Annual Supply Contract for the period beginning January 1, 2019 and ending December 31, 2019. Bids will be due Thursday, December 6, 2018 and considered for award on Wednesday, December 19, 2018. CALHOUN COUNTY, TEXAS 2019s01=12 DELIVERED FUEL ANNUAL SUPPLY CONTRACT JANUARY 1, 2019 thru DECEMBER 31, 2019 CIN PEGGY HALL CRISTINA P TUAZON 202 S ANN ST, STE 0 OEMI CAORERA CANDICEVILLARREAL PORT LAVACA, TEMS 719D ERICA PEREZ 1"ASSISTANTAUDITOR TELEPHONE 136115534610FAH136115534614 ASSISTANT AUDITORS INVITATION TO BID DELIVERED FUEL ANNUAL SUPPLY CONTRACT JANUARY 1, 2019 thru DECEMBER 31, 2019 Calhoun County Commissioners' Court is accepting sealed bids for Delivered Fuel. BID PACKAGES: May be obtained at the Calhoun County Auditor's Office. Peggy Hall, Assistant Auditor Calhoun County Courthouse Annex II 202 S. Ann St., Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Email: peRgy.hall@calhouncotx.org BIDS DUE: By 2:00 PM, Thursday, December 6, 2018 DELIVERY ADDRESS: Michael Pfeifer, County Judge Calhoun County Courthouse 211SAnn St 3`d Floor, Room 301 Port Lavaca TX 77979 The outside of the 9 x 12 or larger envelope must be clearly marked: SEALED BID —Delivered Fuel If you send your bid by UPS, FEDEX, etc, the outside of this envelope must be clearly marked: SEALED BID —Delivered Fuel BID OPENING: Public bid opening will be conducted in the County Judge's Office, Calhoun County Courthouse, 3`d Floor, Room 301, Port Lavaca, Texas CONTENTS Return Instructions Delivered Fuel Annual Supply Contract Bid Package (Page 1-23) Contact Information for County Precincts PEGGY NAIL CHISTINA P TOUGH 202 SANNST,STEB OEMICABRERA CANDICE 111IIARREAL PORT LAVACA, TEXAS 77979 ERICA PEREZ VASSISTANT AUDITOR TELEPHONE 13611553-4610 FAX 13611553-4614 ASSISTANT AUDITORS RETURN INSTRUCTIONS For Submitting a Bid for 2019.01-12 Delivered Fuel Annual Supply Contract Return the following by 2:00 PM, THURSDAY DECEMBER 6, 2018• This information must be returned by the time and date due. Failure to return the following information will void the bid. 1. Entire Bid Package (pages 1-23) with all documents properly filled out 2. Certificate of Insurance See Page 10, General Conditions, Insurance 3. Form 1295 See Page 7, General Conditions, Certificate of Interested Parties -Form 1295 * #3 on Form 1295 put the following: 2019.01-12 Delivered Fuel, Annual Supply Contract * Do Not Fold * Bid information must be returned in a sealed 9 x 12 or larger envelope clearly marked: Sealed Bid — Delivered Fuel * If you send your bids by UPS, FEDEX, etc, the outside of this envelope must be clearly marked: Sealed Bid — Delivered Fuel BY ORDER OF the Commissioners' Court of Calhoun County, Texas, sealed bids will be received for: DELIVERED FUEL ANNUAL SUPPLY CONTRACT January 1, 2019 thru December 31, 2019 SUBMISSION OF BIDS: Sealed bid shall be submitted to: Deadline for bid submission is: Michael Pfeifer, County Judge Calhoun County Courthouse 211 S Ann St, 3rd Floor, Ste 301 Port Lavaca, Texas 77979 2:00 PM, Thursday, December 6, 2018 Sealed envelope containing bid should be marked: BID FOR DELIVERED FUEL This INVITATION FOR BID, GENERAL CONDITIONS and accompanying SPECIFICATIONS AND BID SHEET(S) are for your convenience in bidding the enclosed referenced products and/or services for Calhoun County. All bids MUST be received in the Calhoun County Judge's Office on or before the opening date and time. Calhoun County appreciates your time and effort in preparing a bid. Please note that all bids must be received at the designated location by the deadline shown. Bids received after the deadline will not be opened and shall be considered void and unacceptable. Opening is scheduled to be held in the County Judge's office, 211 S. Ann St., 3rd Floor, Ste. 301, Port Lavaca, Texas. Calhoun County is always very conscious and extremely appreciative of the time and effort you have expended to submit a bid. If you will not be submitting a bid, we would appreciate you indicating on your "NO BID" response any requirements of this bid request which may have influenced your decision to "NO BID." If bids are awarded, awards may be made within 60 days after bid opening date. To obtain results, or if you have any questions, please contact the Calhoun County Auditor's Office, 202 S. Ann St., Ste. B, Port Lavaca, Texas 77979 at (361) 553-4610. IT IS UNDERSTOOD that the Commissioners' Court of Calhoun County, Texas reserves the right to accept or reject any and/or all bids for any or all products and/or services covered in this bid request and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interest of Calhoun County. BIDS MUST BE submitted on the enclosed Bid Documents. Each bid shall be placed in a separate 9 x 12 or larger sealed envelope, manually signed in ink by a person having authority to bind the firm in a contract, and marked clearly on the outside as outlined in the specifications. Page 1 of 23 Calhoun County will evaluate and award bid based on lowest and best bid meeting specifications. "Lowest and best" means a bid or offer providing the best value considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties and customer service after a sale. Calhoun County reserves the right to accept and/or reject any/all of the options bid as it deems to be in the best interest of the County. CALHOUN COUNTY TAXES: If the Contractor subsequently becomes delinquent in the payment of Calhoun County taxes that may be grounds for cancellation of the contract. Despite anything to the contrary, if the contractor is delinquent in payment of Calhoun County taxes at the time of invoicing, Contractor assigns any payments to be made under this contract to the Calhoun County Tax Assessor - Collector for the payment of delinquent taxes. Page 2 of 23 COUNTY OF CALHOUN, TEXAS GENERAL CONDITIONS Read all documents carefully. Follow all instructions. You are responsible for fulfilling all requirements of the general conditions and specifications. General Conditions apply to all advertised bids, proposals or contracts; however these may be superseded in whole or in part by the scope, special requirements, specifications or special sections of Texas Government Code and/or Texas Local Government Code. Governing Law: Bidder is advised that the Invitation to Bid, Request for Proposal or Contract shall be fully governed by the laws of the State of Texas and that Calhoun County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of the Invitation to Bid, Request for Proposal or Contract. All parties agree that the venue for any litigation arising from this Invitation to Bid, Request for Proposal and/or Contract shall be held in Port Lavaca, Calhoun County, Texas. Bid, Proposal and/or Contract Form Completion: Once a bid, proposal and/or contract is released for bidding, Calhoun County will not answer any questions except through an addendum that has been approved by Commissioners' Court or at a mandatory pre -bid meeting. Fill out, sign, and return to the Calhoun County Judge's Office the required number of bid forms, proposal forms, and/or contracts, and any other required information by the day and time the bid, proposal and/or contract is due. The bid, proposal and/or contract must be signed and dated by an officer (or employee) who is duly authorized to execute this bid, proposal and/or contract, and that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other vendor, and that the contents of this bid, proposal and/or contract as to prices, terms or conditions of said bid have not been communicated by the individual signing nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid, proposal and/or contract. The use of liquid paper or white out is not acceptable and may result in the disqualification of the bid, proposal and/or contract. If an error is made, the vendor must draw a line through the error and initial each change. All responses typed or handwritten must be clear and legible. Bid. Proposal and/or Contract Return: On or before the due date and time, the vendor must return all completed bids, proposals and/or contracts and required information and copies to the Calhoun County Judge's Office, 211 S. Ann St., 3`d Floor, Suite 301, Port Lavaca, Texas. The clock in the County Judge's office is the official clock that will be used in determining the time the bid, proposal and/or contract is received and the time the bid, proposal and/or contract will be opened. A late delivery with an early postmark will not suffice. Calhoun County will not be responsible for the delivery of your bid, proposal and/or contract to the office of the County Judge. Calhoun County is not responsible for late deliveries due to mail, carrier, etc. Calhoun County does not accept Page 3 of 23 COUNTY OF CALHOUN, TEXAS GENERAL CONDITIONS faxed or emailed bids, proposals and/or contracts. If you would like to confirm the delivery of your bid, proposal and/or contract, you may call the County Judge's office at 361-553-4600. Late bids, proposals and/or contracts will not be accepted. All late bids, proposals and/or contracts will be returned unopened to the bidder. Bid, proposal and/or contract must be submitted in a sealed 9 x 12 or larger sealed envelope, addressed as follows: Michael J. Pfeifer, Calhoun County Judge, 211 S. Ann St., 3`d Floor, Suite 301, Port Lavaca, TX 77979. The outside of the envelope must be clearly marked: SEALED BID (PROPOSAL) and the name of the bid or proposal must also be clearly stated. Withdrawal of BID, Proposal and/or Contract: A vendor may withdraw their bid, proposal and/or contract before County acceptance of the bid, proposal and/or contract without prejudice to the vendor, by submitting a written request for its withdrawal to the County Judge and mail or hand deliver to the address the bid, proposal and/or contract was submitted to. A bid, proposal and/or contract that were opened are not subject to amendment, alteration, or change for the purpose of correcting an error in the bid, proposal and/or contract price. Bids, proposals and/or contracts containing an error may be offered "as is" or withdrawn by the vendor in accordance with applicable State Laws. Bid, Proposal and/or Contract Opening and Award: Vendors are invited to be present at the opening and awarding of the bid, proposal and/or contract. Governing Forms: In the event of any conflict between the terms and provisions of these conditions and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Calhoun County's interpretation shall govern. Addendums: When specifications are revised, the Calhoun County Auditor's Office will send each vendor that received a bid, proposal and/or contract package the addendum once it has been approved by Commissioners' Court. No addendum can be sent out until the Commissioners' Court has approved the addendum. Hold Harmless Agreement: Successful vendor shall defend, indemnify and hold Calhoun County and its officers, agents, and employees harmless from all suits, actions, or for personal injury, death and/or property damage arising from any cause whatsoever, resulting directly or indirectly from vendor's performance. Vendor shall procure and maintain, with respect to the subject matter of this bid, proposal and/or contract, appropriate insurance coverage including, as a minimum, general liability and property damage, workers' compensation, employers liability and auto insurance with adequate limits to cover vendor's liability as may arise directly or indirectly from work performed under terms of this bid, proposal Page 4 of 23 COUNTY OF CALHOUN, TEXAS GENERAL CONDITIONS and/or contract. Certification of such coverage must name Calhoun County as an additional insured and be provided to the County upon request. Waiver of Subrogation: Vendor and vendor's insurance carrier waive any and all rights whatsoever with regard to subrogation against Calhoun County as an indirect party to any suit arising out of personal or property damages resulting from vendor's performance under this agreement. Bonds• If this bid or proposal requires submission of bid or proposal guarantee and performance bond, there will be a separate page explaining those requirements. Bids or proposals submitted without the required bid bond or cashier's checks are not acceptable. Taxes: Calhoun County is exempt from all federal excise taxes and sales tax (state, city and county sales tax). Tax exempt forms will be furnished upon request to the Calhoun County Auditor's Office. Pricing: Prices for all goods and/or services shall be firm for the duration of this bid, proposal and/or contract and shall be stated on the bid sheet, proposal and/or contract. Prices shall be all inclusive. All prices must be written in ink or typewritten. Pricing on all transportation, freight, and other charges are to be prepaid by the vendor and included in the bid, proposal and/or contract prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, vendor must indicate the items required and their costs or forfeit the right to payment for such items. Inspections• Calhoun County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department before accepting them. Testing: Calhoun County reserves the right to test equipment, supplies, materials and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection. Awards: Calhoun County reserves the right to award this bid, proposal and/or contract on the basis of lowest and best bid, proposal and/or contract that met specifications in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one vendor, to reject any or all bids, proposals and/or contracts and to be the sole judge in determining which bid, proposal and/or contract will be most advantageous to Calhoun County. An award is final only upon formal execution by the Calhoun County Commissioners' Court. In the event of tie bids, proposal and/or contracts, the winning bid, proposal and/or contract is determined per the Texas Local Governmental Code 262.027(b). Page 5 of 23 COUNTY OF CALHOUN, TEXAS GENERAL CONDITIONS Calhoun County, Texas is an Equal Employment Opportunity Employer. The County does not discriminate on the basis of race, color, nation origin, sex, religion, age or handicapped status in employment or the provision of services. Assignment• The successful vendor may not assign, sell or otherwise transfer this bid, proposal and/or contract without written permission of Calhoun County Commissioners' Court. Term of Bids, Proposals and/or Contracts: If the bid, proposal and/or contract are intended to cover a specific time period, said time will be given in the specifications and/or instructions. Bid, Proposal and/or Contract Obligation: Calhoun County Commissioners' Court must award the bid, proposal and/or contract. If a contract is required, the County Judge or other person authorized by Commissioners' Court must sign the contract before it becomes binding on Calhoun County. Delivery: All items shall be shipped F.O.B. inside (or site location) delivery unless otherwise stated in the specifications. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the County to purchase supplies from the next lowest bidder that met specifications. Reiections: Articles not in accordance with samples and specifications must be removed by the vendor at the vendor's expense. All disputes concerning quality of supplies, products, and/or services delivered under this bid, proposal and/or contract will be determined by Commissioners' Court or their designated representative. Termination• Calhoun County reserves the right to terminate the bid, proposal and/or contract for default if the vendor breaches any of the terms therein, including warranties of vendor or if the vendor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Calhoun County's satisfaction and/or to meet all other obligations and requirements. Bids, proposals and/or contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified. The vendor or Calhoun County must state therein the reasons for such cancellation. Calhoun County reserves the right to award cancelled bid, proposal and/or contract to the next lowest and best vendor that met specifications and is deemed to be in the interest of the County. Page 6 of 23 COUNTY OF CALHOUN, TEXAS GENERAL CONDITIONS Delinquent Property Taxes: Calhoun County reserves the right to reject any bid, proposal and/or contract submitted by a vendor owing delinquent property taxes to Calhoun County, Texas. Certificate of Interested Parties — Form 1295 Section 2252.908 was added to the Government Code by the 84th Texas Legislature through adoption of House Bill 1295. Senate Bill 255 adopted by the 85th Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal: https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The law states that a County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) has been completed and provided to the County at the time the contract is considered for action by Commissioners' Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for - profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract (bids and/or proposals also require Form 1295). The law does not apply to a contract, bid and/or proposal between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within thirty (30) days of approving a contract with a business entity. Governmental transparency is the objective of the law. A business entity will generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. An authorized agent of the business entity must sign the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct. Calhoun County Commissioners' Court will not consider for action any bid, proposal and/or contract with a business entity unless it is accompanied by a completed, signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. No later than thirty (30) days after Calhoun County Commissioners' Court approves a contract or awards a bid or proposal with a business entity, the County Clerk will file acknowledgement of receipt Page 7 of 23 COUNTY OF CALHOUN, TEXAS GENERAL CONDITIONS of the Form 1295 with the Texas Ethics Commission. The Texas Ethics Commission will post the completed Form 1295 to its website within seven (7) business days after Calhoun County acknowledges receipt of the form. Debarment: Vendor certifies that at the time of submission of its bid, proposal and/or contract, vendor was not on the federal government's list of suspended, ineligible or debarred vendors and that vendor has not been placed on this list between the time of its bid, proposal and/or contract submission and the time of execution of the bid, proposal and/or contract. If vendor is placed on this list during the term of the bid, proposal and/or contract, the vendor shall notify the Calhoun County Auditor. False certification or failure to notify may result in termination of the bid, proposal and/or contract for default. Invoices and Payments: All invoices are subject to approval by the County Auditor's Office. Invoices shall be itemized and free of federal excise taxes and sales tax (county, city and state sales tax). Invoices must be billed to Calhoun County with reference to the Precinct or County Department that is being invoiced. Payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the County Treasurer's Office by the deadline time and date set forth by the Treasurer's office. No payment can be made or mailed out until approved by Commissioners' Court. Purchase order due dates/times and Commissioners' Court dates/times are subject to change. Calhoun County's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render the order null and void to the extent funds are not available and any delivered but unpaid goods will be returned to the seller by the county. Gratuities: Calhoun County may, by written notice to the vendor, cancel any order and/or service without liability, if it is determined by the County that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the vendor, or any agent or representative of the vendor to any officer or employee of Calhoun County with a view toward securing an order and/or service. In the event an order and/or service is canceled by the County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by vendor in providing such gratuities. Warranty Product: Vendor shall not limit or exclude any implied warranties and any attempt to do so shall render an order voidable at the option of the County. Vendor warrants that the goods and/or services furnished will conform to the specifications, drawings, and description listed in the bid invitation, proposal and/or Page 8 of 23 COUNTY OF CALHOUN, TEXAS GENERAL CONDITIONS contract and to the sample(s) furnished by vendor if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. Cancellation: Calhoun County shall have the right to cancel for default all or any part of the undelivered portion of an order and/or services if vendor breaches any of the terms hereof including warranties of vendor, or if the vendor becomes insolvent or files for protection under the bankruptcy laws. Such rights of cancellation are in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Force Majeure• Force Majeure means a delay encountered by a party in the performance of its obligations under this Agreement, which is caused by an event beyond the reasonable control of that party. Without limiting the generality of the foregoing, "Force Majeure" shall include but not be restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. In the event of a Force Majeure, the affected party shall not be deemed to have violated its obligations under this Agreement, and the time for performance of any obligations of that party shall be extended by a period of time necessary to overcome the effects of the Force Majeure, provided that the foregoing shall not prevent this Agreement from terminating in accordance with the termination provisions. If any event constituting a Force Majeure occurs, the affected party shall notify the other parties in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. Waiver: No claim or right arising out of a breach of any bid, proposal and/or contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Applicable Law: This agreement shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas and in effective on the date of bid, proposal and/or contract. Prohibition against Personal Interest in Bids, Proposals and/or Contracts: No officer or employee of the County shall have financial interest, direct or indirect, in any bid, proposal and/or contract with the County, or shall be financially interested, directly or indirectly, in the sale to the County of any land, materials, supplies, or service, except on behalf of the County as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall be subject to disciplinary action under applicable laws, statutes and codes of the State of Texas. Any violation of this section, with the knowledge, expressed or implied of the person or corporation contracting with the County shall render the bid, proposal and/or contract involved voidable by the Calhoun County Commissioners' Court. Page 9 of 23 COUNTY OF CALHOUN, TEXAS GENERAL CONDITIONS Insurance• The vendor shall be required, at his own expense, to submit with their bid a certificate of insurance showing, at minimum, the following insurance coverage to be in force throughout the term of the bid, proposal and/or contract: General Liability ($100,000/$300,000 or Greater) Workers' Compensation (at Statutory Limits) Employers Liability ($1,000,000 or Greater) Auto Insurance ($100,000 BIPP/$300,000 BIPO/$100,000 PD or Greater) The certificate must reflect that Calhoun County is an additional insured. Each insurance policy to be furnished by the vendor shall include, by endorsement to the policy, a statement that a notice shall be given to the Calhoun County Auditor by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. If the coverage period shown on the current certificate of coverage ends during the duration of the bid, proposal and/or contract, the vendor must, prior to the end of the coverage period, file a new certificate of coverage with the Calhoun County Auditor's Office showing that coverage has been extended. The vendor's failure to comply with any of these provisions is a breach of contract by the vendor which entitles Calhoun County to declare the bid, proposal, and/or contract void if the vendor does not remedy the breach within ten (10) days after receipt of notice of breach from Calhoun County. This insurance shall be kept in force until the termination of the bid, proposal, and/or contract. Calhoun County shall be covered as an additional insured. The vendor shall be responsible for any deductions stated in the policy. OSHA Requirements: The vendor or contractor hereby guarantees to Calhoun County, Texas that all materials, supplies, equipment or services listed on the bid, proposal and/or contract, purchase order or invoice meets the requirements, specifications and standards as provided for under the Federal Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. Protest Procedures: All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. Any actual or prospective vendor who believes they are aggrieved in connection with or pertaining to a bid, proposal and/or contract may file a protest. The protest must be delivered in writing to the Calhoun County Auditor's Office, in person or by certified mail return receipt requested prior to award. Page 10 of 23 COUNTY OF CALHOUN, TEXAS GENERAL CONDITIONS The written protest must include: Name, mailing address and business phone number of the protesting party; Appropriate identification of the bid, proposal and/or contract being protested; A precise statement of the reasons for the protest; and Any documentation or other evidence supporting the protest and any alleged claims. The County Auditor's Office will attempt to resolve the protest, including at the County Auditor's option, meeting with the protesting party. if the protest is successfully resolved by mutual agreement, written verification of the resolution with specifics on each point addressed in the protest, will be forwarded to Commissioners' Court. If the County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review such documentation and information. If additional information is required, Commissioners' Court will notify the protesting party to provide such information. The decision of Commissioners' Court will be final Public Information Act: All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. CALHOUN COUNTY AUDITOR To request information from Calhoun County, please contact: Cindy Mueller Calhoun County Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: cindy.mueller@calhouncotx.org To request a bid/proposal package: Peggy Hall Assistant Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: peggy.hall@calhouncotx.org Page 11 of 23 COUNTY OF CALHOUN, TEXAS BID SPECIFICATIONS FOR DELIVERED FUEL BID INFORMATION The quantities listed are merely estimates of annual usage -not actual order amounts. During the period of the purchase contract, the County will buy only the actual quantity required, and it will neither be obligated to the purchase of nor limited to the quantities listed. These supplies will only be ordered as needed. The purchase contract will be awarded on the date as approved by Calhoun County Commissioners' Court. The County reserves the right to reject any or all bids and to accept the one deemed most advantageous to the County. All bidders shall provide the Brand Name for each type of fuel in the space provided. All bidders are required to bid a MARK-UP per gallon for each fuel type and location. The Mark -Up shall include any and all delivery charges and fees that will be billed in addition to the Rack Price and Taxes that are listed. MARK-UP WILL REMAIN CONSTANT THROUGHOUT THE TERM OF THE CONTRACT. Calhoun County is EXEMPT from all Federal Excise Taxes and Sales Tax (county, city and state sales tax). The County is aware that the Rack Price may vary throughout the term of the contract. Bidders shall note on the bid sheet the method or source that will be used throughout the term of the contract to determine the Rack Price and shall provide a sample copy of any documentation available with their bid. In addition, the vendor shall supply documentation of corresponding rack price with each invoice. All fuel tanks currently being used by the Calhoun County Precincts are owned by Calhoun County. The awarded vendor shall supply Calhoun County a 1000 gallon skid fuel tank and pump with meter at no additional charges. Commissioners have the right to reject, at any time, any material that is undesirable. Calhoun County legally accepts delivery of fuel after it is unloaded and approved by Commissioners. Loaded weight of truck, trailer and material cannot exceed legal state and county weight limits on road and bridges that approach designated job sites. Bidder shall check with Precinct Commissioner for such limits. Page 12 of 23 COUNTY OF CALHOUN, TEXAS BID SPECIFICATIONS FOR DELIVERED FUEL THE BELOW ESTIMATED QUANTITIES ARE NOT CIIARANTFFn MR TNF VFAR Aennl IAITc ren11 vn oV oV mcrn Estimated Location Yearly Quantity Tank Size (Gallons) Type of Fuel (Gallons) Precinct #1 Port 2,600 Diesel, Low Sulfur, On -Road 8,500 2,000 Gasoline, Unleaded, 87 Octane 6,000 Lavaca 3,000 Precinct #2 Port & Lavaca 1,000 Diesel, Low Sulfur, On -Road 8,500 1,000 Gasoline, Unleaded, 87 Octane 6,000 Precinct #3 Olivia 1,000 Diesel, Low Sulfur, On -Road 8,000 1,000 Gasoline, Unleaded, 87 Octane 4,000 Precinct #4 Seadrift 3,000 (104 E Dallas) Gasoline, Unleaded, 87 Octane 9,000 3,000 (104 E Dallas) Diesel, Low Sulfur, On -Road 6,000 1,000 (448 Harbor Rd) Diesel, Low Sulfur, On -Road 4,000 Port 500 Gasoline, Unleaded, 87 Octane 4,000 Precinct #4 O'Connor S00 Diesel, Low Sulfur, On -Road 3,000 ** Fuel Skid Port Lavaca �**1,000 Diesel, Low Sulfur, On -Road NA ** Fuel Skid: 1,000 gallon skid with pump and meter to be provided by vendor at no charge. Location for fuel delivery will be within close proximity to the Calhoun County Courthouse. DELIVERY TIME All materials ordered will be delivered to the delivery site designated and within 24 hours from time of order. In the event a contracted vendor is unable to deliver the materials ordered within 24 hours from time of order the County reserves the right to re -order the said material from any other vendor. INVOICE INFORMATION Each invoice must include a copy of the source document used to calculate the base price of the fuel purchased, with such base price marked. The successful bidder shall use the same source document throughout the term of the contract (example: weekly OPTS Price Index; rack pricing from the same company, etc.). Invoices must be billed to Calhoun County with reference to the Precinct or County Department that is being invoiced. Invoices must not include any Federal Excise Taxes or Sales Tax (county, city or state sales tax). Page 13 of 23 COUNTY OF CALHOUN, TEXAS BID SPECIFICATIONS FOR DELIVERED FUEL BIDDER INFORMATION Firm/Bidder Address City, State, Zip E-Mail Address Contact Person Authorized Signature Title Date Return the Following in a 9 x 12 or larger sealed envelope: Outside of sealed envelope must be marked: BID FOR DELIVERED FUEL ► Entire Bid Package (pages 1-23) with all documents properly filled out ► Certificate of Insurance (See Page 10, General Conditions, Insurance) ► Form 1295 (See Page 7, General Conditions, Certificate of Interested Parties — Form 1295) Page 14 of 23 STATE OF TEXAS 0 AFFIDAVIT COUNTY OF CALHOUN {} BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the following, who, upon oath, says: I am the Manager, Secretary, or other agent or officer or the principal of the Bidder in the matter of the bids to which this affidavit is attached, and I have full knowledge of the relations of the Bidder with the other firms in this same line of business, and the Bidder is not a member of any trust, pool or combination to control the price of supplies bid on, or to influence any person to bid or not to bid thereon. I further affirm that the Bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid. Affiant SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath states that the facts contained in the above are true and correct, this day of 20_ Name of Bidder Signed by Title Address Phone Number E-Mail Address Notary Public in and for County, Texas Date NOTE: BIDS NOT ACCOMPANIED BY THIS AFFIDAVIT WILL NOT BE CONSIDERED The County of Calhoun does not discriminate on the basis of race, color, national origin, sex, religion, age, and disability in employment or the provision of services. Page 15 of 23 COUNTY OF CALHOUN, TEXAS INVITATION TO BID FORM PRECINCT #1 TANK(S) LOCATION: 305 HENRY BARBER WAY PORT LAVACA, TX 77979 THIS IS A BID FORM ONLY AND DOES NOT REPRESENT AN ORDER FOR A PURCHASE BY CALHOUN COUNTY. VENDOR'S NAME AND ADDRESS CONTRACT DATE: JANUARY 1, 2019 thru DECEMBER 31, 2019 INVITATION TO BID: DELIVERED FUEL - ANNUAL SUPPLY CONTRACT DATE OF BID OPENING Thursday, December 6, 2018 at 2:00 PM • All transportation costs must be included in bid. • Estimated quantities are not guaranteed for the year. Amounts will vary by need. • Calhoun County is Exempt from all Federal Excise Taxes and Sales Tax (county, city and state sales tax). Applicable Tax per Maper Fuel Type Gallon Total Gallon Gallo State -Not Federal Gasoline, Unleaded, 87 Octane Brand Name: $ $ $ Diesel, Low Sulfur (On Road) Brand Name: $ $ $ TERMS _%_DAYS, F.O.B. CALHOUN Acceptance of the successful bid shall obligate the bidder to provide up to COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate the County to purchase some of DELIVERY IN 24 HOURS FROM RECEIPT OF the items from that bidder. The County reserves the right to require any ORDER. The County of Calhoun reserves the successful bidder to enter a separate written contract containing the right to reject any and/or all bids and to terms herein and other reasonable conditions. waive any and/or all formalities and to award purchase on individual basis. Date: Signature: Title: Page 16 of 23 COUNTY OF CALHOUN, TEXAS INVITATION TO BID FORM PRECINCT #2 TANK(S) LOCATION: 5812 FM 1090 PORT LAVACA, TX 77979 THIS IS A BID FORM ONLY AND DOES NOT REPRESENT AN ORDER FOR A PURCHASE BY CALHOUN COUNTY. VENDOR'S NAME AND ADDRESS CONTRACT DATE: JANUARY 1, 2019 thru DECEMBER 31, 2019 INVITATION TO BID: DELIVERED FUEL -ANNUAL SUPPLY CONTRACT DATE OF BID OPENING Thursday. December 6, 2018 at 2:00 PM • All transportation costs must be included in bid. • Estimated quantities are not guaranteed for the year. Amounts will vary by need. • Calhoun County is Exempt from all Federal Excise Taxes and Sales Tax (county, city and state sales tax). Applicable Tax per Mark -Up per Fuel Type Gallon Total Gallon State -Not Federal Gasoline, Unleaded, 87 Octane Brand Name: $ $ $ Diesel, Low Sulfur (On Road) Brand Name: $ $ $ TERMS _%_DAYS, F.O.B. CALHOUN Acceptance of the successful bid shall obligate the bidder to provide up to COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate the County to purchase some of DELIVERY IN 24 HOURS FROM RECEIPT OF the items from that bidder. The County reserves the right to require any ORDER. The County of Calhoun reserves the successful bidder to enter a separate written contract containing the right to reject any and/or all bids and to terms herein and other reasonable conditions. waive any and/or all formalities and to award purchase on individual basis. Date: Signature: Title: Page 17 of 23 COUNTY OF CALHOUN, TEXAS INVITATION TO BID FORM PRECINCT #3 TANK(S) LOCATION: 24627 STATE HIGHWAY 172, PORT LAVACA, TX 77979 (Precinct #3 is in Olivia, Texas) THIS IS BID FORM ONLY AND DOES NOT REPRESENT AN ORDER FOR A PURCHASE BY CALHOUN COUNTY. VENDOR'S NAME AND ADDRESS CONTRACT DATE: JANUARY 1, 2019 thru DECEMBER 31, 2019 INVITATION TO BID: DELIVERED FUEL - ANNUAL SUPPLY CONTRACT DATE OF BID OPENING Thursday, December 6, 2018 at 2:00 PM • All transportation costs must be included in bid. • Estimated quantities are not guaranteed for the year. Amounts will vary by need. • Calhoun County is Exempt from all Federal Excise Taxes and Sales Tax (county, city and state sales tax). Applicable Tax per Mark -Up per Fuel Type Gallon Gallon Total State -Not Federal Gasoline, Unleaded, 87 Octane Brand Name: $ $ $ Diesel, Low Sulfur (On Road) Brand Name: $ $ $ TERMS _%_DAYS, F.O.B. CALHOUN Acceptance of the successful bid shall obligate the bidder to provide up to COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate the County to purchase some of DELIVERY IN 24 HOURS FROM RECEIPT OF the items from that bidder. The County reserves the right to require any ORDER. The County of Calhoun reserves the successful bidder to enter a separate written contract containing the right to reject any and/or all bids and to terms herein and other reasonable conditions. waive any and/or all formalities and to award purchase on individual basis. Date: Signature: Title: Page 18 of 23 COUNTY OF CALHOUN, TEXAS INVITATION TO BID FORM PRECINCT #4 TANK(S) LOCATION: 104 E. DALLAS SEADRIFT, TX 77983 THIS IS A BID FORM ONLY AND DOES NOT REPRESENT AN ORDER FOR A PURCHASE BY CALHOUN COUNTY. VENDOR'S NAME AND ADDRESS CONTRACT DATE: JANUARY 1, 2019 thru DECEMBER 31, 2019 INVITATION TO BID: DELIVERED FUEL -ANNUAL SUPPLY CONTRACT DATE OF BID OPENING Thursday, December 6, 2018 at 2:00 PM • All transportation costs must be included in bid. • Estimated quantities are not guaranteed for the year. Amounts will vary by need. • Calhoun County is Exempt from all Federal Excise Taxes and Sales Tax (county, city and state sales tax). Applicable Tax per Mark -Up per Fuel Type Gallon Total Gallon State -Not Federal Gasoline, Unleaded, 87 Octane Brand Name: $ $ $ Diesel, Low Sulfur (On Road) Brand Name: $ $ $ TERMS _%_DAYS, F.O.B. CALHOUN Acceptance of the successful bid shall obligate the bidder to provide up to COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate the County to purchase some of DELIVERY IN 24 HOURS FROM RECEIPT OF the items from that bidder. The County reserves the right to require any ORDER. The County of Calhoun reserves the successful bidder to enter a separate written contract containing the right to reject any and/or all bids and to terms herein and other reasonable conditions. waive any and/or all formalities and to award purchase on individual basis. Date: Signature: Title: Page 19 of 23 COUNTY OF CALHOUN, TEXAS INVITATION TO BID FORM PRECINCT #4 TANK(S) LOCATION: 448 HARBOR ROAD SEADRIFT, TX 77983 THIS IS A BID FORM ONLY AND DOES NOT REPRESENT AN ORDER FOR A PURCHASE BY CALHOUN COUNTY. VENDOR'S NAME AND ADDRESS CONTRACT DATE: JANUARY 1, 2019 thru DECEMBER 31, 2019 INVITATION TO BID: DELIVERED FUEL -ANNUAL SUPPLY CONTRACT DATE OF BID OPENING Thursday, December 6, 2018 at 2:00 PM • All transportation costs must be included in bid. • Estimated quantities are not guaranteed for the year. Amounts will vary by need. • Calhoun County is Exempt from all Federal Excise Taxes and Sales Tax (county, city and state sales tax). Applicable Tax per Mark - Up per Fuel Type Gallon Total Gallon State -Not Federal Gasoline, Unleaded, 87 Octane Brand Name: $ $ $ Diesel, Low Sulfur (On Road) Brand Name: $ $ $ TERMS _%_DAYS, F.O.B. CALHOUN Acceptance of the successful bid shall obligate the bidder to provide up to COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate the County to purchase some of DELIVERY IN 24 HOURS FROM RECEIPT OF the items from that bidder. The County reserves the right to require any ORDER. The County of Calhoun reserves the successful bidder to enter a separate written contract containing the right to reject any and/or all bids and to terms herein and other reasonable conditions. waive any and/or all formalities and to award purchase on individual basis. Date: Signature: Title: Page 20 of 23 COUNTY OF CALHOUN, TEXAS INVITATION TO BID FORM PRECINCT #4 TANK(S) LOCATION: 93 TREVOR STREET OFF OF HIGHWAY 185 PORT O'CONNOR, TX 77982 THIS IS A BID FORM ONLY AND DOES NOT REPRESENT AN ORDER FOR A PURCHASE BY CALHOUN COUNTY. VENDOR'S NAME AND ADDRESS CONTRACT DATE: JANUARY 1, 2019 thru DECEMBER 31, 2019 INVITATION TO BID: DELIVERED FUEL - ANNUAL SUPPLY CONTRACT DATE OF BID OPENING Thursday, December 6, 2018 at 2:00 PM • All transportation costs must be included in bid. • Estimated quantities are not guaranteed for the year. Amounts will vary by need. • Calhoun County is Exempt from all Federal Excise Taxes and Sales Tax (county, city, and state sales tax). Applicable Tax per Maper Fuel Type Gallon Total Gallon Gallo State -Not Federal Gasoline, Unleaded, 87 Octane Brand Name: $ $ $ Diesel, Low Sulfur (On Road) Brand Name: $ $ $ TERMS _%_DAYS, F.O.B. CALHOUN Acceptance of the successful bid shall obligate the bidder to provide up to COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate the County to purchase some of DELIVERY IN 24 HOURS FROM RECEIPT OF the items from that bidder. The County reserves the right to require any ORDER. The County of Calhoun reserves the successful bidder to enter a separate written contract containing the right to reject any and/or all bids and to terms herein and other reasonable conditions. waive any and/or all formalities and to award purchase on individual basis. Date: Signature: Title: Page 21 of 23 COUNTY OF CALHOUN, TEXAS INVITATION TO BID FORM FUEL SKID SKID LOCATION FOR FUEL DELIVERY: Within Close Proximity to the Calhoun County Courthouse Port Lavaca, TX 77979 THIS IS A BID FORM ONLY AND DOES NOT REPRESENT AN ORDER FOR A PURCHASE BY CALHOUN COUNTY. VENDOR'S NAME AND ADDRESS CONTRACT DATE: JANUARY 1, 2019 thru DECEMBER 31, 2019 INVITATION TO BID: DELIVERED FUEL - ANNUAL SUPPLY CONTRACT DATE OF BID OPENING Thursday, December 6, 2018 at 2:00 PM • All transportation costs must be included in bid. • Estimated quantities are not guaranteed for the year. Amounts will vary by need. • Calhoun County is Exempt from all Federal Excise Taxes and Sales Tax (county, city and state sales tax). Applicable Tax per Mark -Up per Fuel Type Gallon Total Gallon State -Not Federal Diesel, Low Sulfur (On Road) Brand Name: $ $ $ TERMS _%_DAYS, F.O.B. CALHOUN Acceptance of the successful bid shall obligate the bidder to provide up to COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate the County to purchase some of DELIVERY IN 24 HOURS FROM RECEIPT OF the items from that bidder. The County reserves the right to require any ORDER. The County of Calhoun reserves the successful bidder to enter a separate written contract containing the right to reject any and/or all bids and to terms herein and other reasonable conditions. waive any and/or all formalities and to award purchase on individual basis. Date: Signature: Title: Page 22 of 23 COUNTY OF CALHOUN, TEXAS INVITATION TO BID FORM FUEL TANK DELIVERY SITES Precinct #1 Precinct Barn 305 Henry Barber Way Port Lavaca, TX 77979 Phone: 361-552-9242 Precinct#2 Precinct Barn 5812 FM 1090 Port Lavaca, TX 77979 Phone: 361-552-9656 Precinct #3 Precinct Barn 24627 State Highway 172 Port Lavaca, TX 77979 (Precinct 3 is in Olivia Texas) Phone: 361-893-5346 Precinct #4 Precinct Barn #1 104 E. Dallas Seadrift, TX 77983 Phone: 361-785-3141 Precinct Barn #2 448 Harbor Road Seadrift, TX 77983 Phone: 361-785-3141 Precinct Barn #3 93 Trevor Street off of Highway 185 Port O'Connor, TX 77982 Phone: 361-785-3141 Fuel Skid: Location TBD within close proximity to the Calhoun County Courthouse Port Lavaca, TX 77979 Phone: 361-552-9242 Page 23 of 23 PEGGY HALL CRISTINA P TUMOR 202 S ANN ST, STE B DEMI CABRERA CANDICE VILLARREAL PORT LAVACA, TERAS 77979 ERICA PEREZ 1" ASSISTANT AUDITOR TELEPHONE 13611553-4610 FAX 13611553-4614 ASSISTANT AUDITORS CALHOUN COUNTY, TEXAS CONTACT INFORMATION COUNTY PRECINCTS Calhoun County Precinct 1 Commissioner David Hall 305 Henry Barber Way (by the County Fairgrounds) Port Lavaca, TX 77979 Office: 361-552-9242 Fax: 361-553-8734 Calhoun County Precinct 2 Commissioner Vern Lyssy 5812 FM 1090 (Six Mile) Port Lavaca, TX 77979 Office: 361-552-9656 Fax: 361-553-6664 Calhoun County Precinct 3 Commissioner Clyde Syma 24627 State Hwy 172 (Olivia) Port Lavaca, TX 77979 Office: 361-893-5346 Fax: 361-893-5309 Calhoun County Precinct 4-P Commissioner Kenneth Finster Trevor St off of Hwy 185 Port O'Connor, TX 77982 Use same numbers as Seadrift Calhoun County Precinct 4-S Commissioner Kenneth Finster 104 E Dallas St PO Box 177 Seadrift, TX 77983 Office: 361-785-3141 Fax: 361-785-5602 Calhoun County Commissioners' Court — November 07, 2018 13. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 13) To approve specifications and authorize the County Auditor to advertise for bids for Road Materials for the period beginning January 1, 2019 and ending June 30, 2019. Bids will be due Thursday December 06, 2018 and considered for award on Wednesday, December 19, 2018. MP) RESULT: APPROVED [UNANIMOUS] MOVER: Michael Pfeifer, County Judge SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 11 of 21 k-3 Agenda Item for Commissioners' Court —Wednesday, November 7, 2018 Consider and take necessary action to approve specifications and authorize the County Auditor to advertise for bids for Road Materials for the period beginning January 1, 2019 and ending June 30, 2019. Bids will be due Thursday, December 6, 2018 and considered for award on Wednesday, December 19, 2018. CALHOUN COUNTY, TEXAS 2019901m06 ROAD MATERIALS BID PERIOD: JANUARY 1, 2019 thru JUNE 30, 2019 CIN11MLLER PEODYNALL CRISTINA P TUMOR 202 S ANN ST, STE D DEMI CARRERA CANDICE VILLARREAL PORT LAVACA, TEXAS 77979 ERICA PEREZ 1"ASSISTANT AUDITOR TELEPHONE 13611553.4610EAXI3611553-4614 ASSISTANT AUDITORS INVITATION TO BID 2019.01-06 ROAD MATERIALS JANUARY 1, 2019 thru JUNE 30, 2019 Calhoun County Commissioners' Court is accepting sealed bids for the following: • PE 5 Aggregate • Limestone-3/4 Inch to Dust • Item 247, Type A Limestone, Grade 2 [1 % Inch] • Item 247, Type A Limestone, Grade 3 [1 % Inch] • Item 247, Type B (Flexible Processed Base), Grade 2 • Item 247, Type B (Flexible Processed Base), Grade 3 • Item 302, Type PE (Topping Rock), Grade 3, LRA (Limestone Rock Asphalt) *Material Source out of • Item 302, Type PE (Topping Rock), Grade 4, LRA (Limestone Rock Asphalt) *Material Source out of • Item 330, Type D (Pre -Mix Limestone) • Item 334, Type D, Hot Mix Cold Laid Asphalt Concrete Pavement • Pothole Repair - Item 330 D, Limestone Rock Asphalt (LRA) BID PACKAGES: Maybe obtained at the Calhoun County Auditor's Office. Peggy Hall, Assistant Auditor Calhoun County Courthouse Annex II 202 S. Ann St., Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Email: peggy.hall@calhouncotx.org BIDS DUE: By 2:00 PM, THURSDAY, DECEMBER 6, 2018 DELIVERY ADDRESS: Michael Pfeifer, County Judge Calhoun County Courthouse 211SAnn St 3`d Floor, Room 301 Port Lavaca TX 77979 The outside of the 9 x 12 or larger envelope must be clearly marked: SEALED BID -ROAD MATERIALS BID OPENING: Public bid opening will be conducted in the County Judge's Office, Calhoun County Courthouse, 3`d Floor, Room 301, Port Lavaca, Texas CONTENTS Return Instructions General Conditions Specifications for Road Materials Invitation to Bid Forms (Page 1, 2, 3, 4, & 5) Vendor and Order Information Form Contact Information for County Precincts Current Bid Tabulations —July 1, 2018 thru December 31, 2018 t ER R PEUGY HALL CRISTINA P TOA70N 202 S ANN ST, STE B DEWH CABRERA CANDICE VILLARREAL PORT LAVACA, TENDS 17979 ERICA PEREZ In ASSISTANT AUDITOR TELEPHONE (3611553-4610EAN136115534614 ASSISTANT AUDITORS RETURN INSTRUCTIONS For Submitting a Bid for 2019.01-06 Road Materials Return the following by 2:00 PM, THURSDAY, DECEMBER 6, 2018: This information must be returned by the time and date due. Failure to return the following information will void the bid. 1. Invitation to Bid Forms (Page 1, 2, 3, 4 & 5) 2. Form 1295 (see General Conditions, page 5) * On #3 on Form 1295 put the following: 2019.01-06 Road Materials 3. Vendor/Order Information Form * Do Not Fold * Bid information must be returned in a sealed 9 x 12 or larger envelope clearly marked: Sealed Bid— Road Materials * If you send your bids by UPS, FEDEX, etc, the outside of this envelope must be clearly marked: Sealed Bid — Road Materials CALHOUN COUNTY, TEXAS GENERAL CONDITIONS Read all documents carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. General Conditions apply to all advertised bids, proposals or contracts; however these may be superseded in whole or in part by the scope, special requirements, specifications or special sections of Texas Government Code and/or Texas Local Government Code. Governing Law: Bidder is advised that the Invitation to Bid, Request for Proposal or Contract shall be fully governed by the laws of the State of Texas and that Calhoun County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of the Invitation to Bid, Request for Proposal or Contract. All parties agree that the venue for any litigation arising from this Invitation to Bid, Request for Proposal and/or Contract shall be held in Port Lavaca, Calhoun County, Texas. Bid Proposal and/or Contract Form Completion: Once a bid, proposal and/or contract is released for bidding, Calhoun County will not answer any questions except through an addendum that has been approved by Commissioners' Court or at a mandatory pre -bid meeting. Fill out, sign, and return to the Calhoun County Judge's Office the required number of bid forms, proposal forms, and/or contracts, and any other required information by the day and time the bid, proposal and/or contract is due. The bid, proposal and/or contract must be signed and dated by an officer (or employee) who is duly authorized to execute this bid, proposal and/or contract, and that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other vendor, and that the contents of this bid, proposal and/or contract as to prices, terms or conditions of said bid have not been communicated by the individual signing nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid, proposal and/or contract. The use of liquid paper or white out is not acceptable and may result in the disqualification of the bid, proposal and/or contract. If an error is made, the vendor must draw a line through the error and initial each change. All responses typed or handwritten must be clear and legible. Bid Proposal and/or Contract Return: On or before the due date and time, the vendor must return all completed bids, proposals and/or contracts and required information and copies to the Calhoun County Judge's Office, 211 S. Ann St., 3rd Floor, Suite 301, Port Lavaca, Texas. The clock in the County Judge's office is the official clock that will be used in determining the time the bid, proposal and/or contract is received and the time the bid, proposal and/or contract will be opened. A late delivery with an early postmark will not suffice. Calhoun Page 1 of 9 County will not be responsible for the delivery of your bid, proposal and/or contract to the office of the County Judge. Calhoun County is not responsible for late deliveries due to mail, carrier, etc. Calhoun County does not accept faxed or emailed bids, proposals and/or contracts. If you would like to confirm the delivery of your bid, proposal and/or contract, you may call the County Judge's office at 361-553-4600. Late bids, proposals and/or contracts will not be accepted. All late bids, proposals and/or contracts will be returned unopened to the bidder. Bid, proposal and/or contract must be submitted in a sealed 9 x 12 or larger envelope, addressed as follows: Michael Pfeifer, Calhoun County Judge, 211 S. Ann St., P Floor, Suite 301, Port Lavaca, TX 77979. The outside of the envelope must be clearly marked: SEALED BID (PROPOSAL) and the name of the bid or proposal must also be clearly stated. Withdrawal of BID, Proposal and/or Contract: A vendor may withdraw their bid, proposal and/or contract before County acceptance of the bid, proposal and/or contract without prejudice to the vendor, by submitting a written request for its withdrawal to the County Judge and mail or hand deliver to the address the bid, proposal and/or contract was submitted to. A bid, proposal and/or contract that were opened are not subject to amendment, alteration, or change for the purpose of correcting an error in the bid, proposal and/or contract price. Bids, proposals and/or contracts containing an error may be offered "as is" or withdrawn by the vendor in accordance with applicable State Laws. Bid Proposal and/or Contract Opening and Award: Vendors are invited to be present at the opening and awarding of the bid, proposal and/or contract. Governing Forms: In the event of any conflict between the terms and provisions of these conditions and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Calhoun County's interpretation shall govern. Addendums: When specifications are revised, the Calhoun County Auditor's Office will send each vendor that received a bid, proposal and/or contract package the addendum once it has been approved by Commissioners' Court. No addendum can be sent out until the Commissioners' Court has approved the addendum. Hold Harmless Agreement: Successful vendor shall defend, indemnify and hold Calhoun County and its officers, agents, and employees harmless from all suits, actions, or for personal injury, death and/or property damage arising from any cause whatsoever, resulting directly or indirectly from vendor's performance. Vendor shall procure and maintain, with respect to the subject matter of this bid, proposal and/or contract, appropriate insurance coverage including, as a minimum, general liability and property damage, workers' compensation, employers liability and auto insurance Page 2 of 9 with adequate limits to cover vendor's liability as may arise directly or indirectly from work performed under terms of this bid, proposal and/or contract. Certification of such coverage must name Calhoun County as an additional insured and be provided to the County upon request. Waiver of Subrogation: Vendor and vendor's insurance carrier waive any and all rights whatsoever with regard to subrogation against Calhoun County as an indirect party to any suit arising out of personal or property damages resulting from vendor's performance under this agreement. Bonds• If this bid or proposal requires submission of bid or proposal guarantee and performance bond, there will be a separate page explaining those requirements. Bids or proposals submitted without the required bid bond or cashier's checks are not acceptable. Taxes: Calhoun County is exempt from all federal excise taxes and state and local (county and city) sales tax. Tax exempt forms will be furnished upon request to the Calhoun County Auditor's Office. Pricing: Prices for all goods and/or services shall be firm for the duration of this bid, proposal and/or contract and shall be stated on the bid sheet, proposal and/or contract. Prices shall be all inclusive. All prices must be written in ink or typewritten. Pricing on all transportation, freight, and other charges are to be prepaid by the vendor and included in the bid, proposal and/or contract prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, vendor must indicate the items required and their costs or forfeit the right to payment for such items. Inspections• Calhoun County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department before accepting them. Testing: Calhoun County reserves the right to test equipment, supplies, materials and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection. Awards• Calhoun County reserves the right to award this bid, proposal and/or contract on the basis of lowest and best bid, proposal and/or contract that met specifications in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one vendor, to reject any or all bids, proposals and/or contracts and to be the sole judge in determining which bid, proposal and/or contract will be most advantageous to Calhoun County. An award is final only upon formal execution by the Calhoun County Commissioners' Court. Page 3 of 9 In the event of tie bids, proposal and/or contracts, the winning bid, proposal and/or contract is determined per the Texas Local Governmental Code 262.027(b). Calhoun County, Texas is an Equal Employment Opportunity Employer. The County does not discriminate on the basis of race, color, nation origin, sex, religion, age or handicapped status in employment or the provision of services. Assignment: The successful vendor may not assign, sell or otherwise transfer this bid, proposal and/or contract without written permission of Calhoun County Commissioners' Court. Term of Bids, Proposals and/or Contracts: If the bid, proposal and/or contract are intended to cover a specific time period, said time will be given in the specifications and/or instructions. Bid, Proposal and/or Contract Obligation: Calhoun County Commissioners' Court must award the bid, proposal and/or contract. If a contract is required, the County Judge or other person authorized by Commissioners' Court must sign the contract before it becomes binding on Calhoun County. Delivery: All items shall be shipped F.O.B. inside (or site location) delivery unless otherwise stated in the specifications. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the County to purchase supplies from the next lowest bidder that met specifications. Resections: Articles not in accordance with samples and specifications must be removed by the vendor at the vendor's expense. All disputes concerning quality of supplies, products, and/or services delivered under this bid, proposal and/or contract will be determined by Commissioners' Court or their designated representative. Termination: Calhoun County reserves the right to terminate the bid, proposal and/or contract for default if the vendor breaches any of the terms therein, including warranties of vendor or if the vendor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Calhoun County's satisfaction and/or to meet all other obligations and requirements. Bids, proposals and/or contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified. The vendor or Calhoun County must state therein the reasons for such cancellation. Calhoun County reserves the right to award cancelled bid, proposal and/or contract to the next lowest and best vendor that met specifications and is deemed to be in the interest of the County. Page 4 of 9 Delinquent Property Taxes: Calhoun County reserves the right to reject any bid, proposal and/or contract submitted by a vendor owing delinquent property taxes to Calhoun County, Texas. Certificate of Interested Parties — Form 1295 Section 2252.908 was added to the Government Code by the 84th Texas Legislature through adoption of House Bill 1295. Senate Bill 255 adopted by the 85th Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal: https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The law states that a County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) has been completed and provided to the County at the time the contract is considered for action by Commissioners' Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract (bids and/or proposals also require Form 1295). The law does not apply to a contract, bid and/or proposal between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within thirty (30) days of approving a contract with a business entity. Governmental transparency is the objective of the law. A business entity will generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. An authorized agent of the business entity must sign the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct. Calhoun County Commissioners' Court will not consider for action any bid, proposal and/or contract with a business entity unless it is accompanied by a completed, signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. No later than thirty (30) days after Calhoun County Commissioners' Court approves a contract or awards a bid or proposal with a business entity, the County Clerk will file acknowledgement Page 5 of 9 of receipt of the Form 1295 with the Texas Ethics Commission, The Texas Ethics Commission will post the completed Form 1295 to its website within seven (7) business days after Calhoun County acknowledges receipt of the form. Debarment: Vendor certifies that at the time of submission of its bid, proposal and/or contract, vendor was not on the federal government's list of suspended, ineligible or debarred vendors and that vendor has not been placed on this list between the time of its bid, proposal and/or contract submission and the time of execution of the bid, proposal and/or contract. If vendor is placed on this list during the term of the bid, proposal and/or contract, the vendor shall notify the Calhoun County Auditor. False certification or failure to notify may result in termination of the bid, proposal and/or contract for default. Invoices and Payments: All invoices are subject to approval by the County Auditor's Office. Invoices shall be itemized and free of federal excise taxes and state and local (county and city) sales tax. Payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the County Treasurer's Office by the deadline time and date set forth by the Treasurer's office. No payment can be made or mailed out until approved by Commissioners' Court. Purchase order due dates/times and Commissioners' Court dates/times are subject to change. Calhoun County's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render the order null and void to the extent funds are not available and any delivered but unpaid goods will be returned to the seller by the county. Gratuities• Calhoun County may, by written notice to the vendor, cancel any order and/or service without liability, if it is determined by the County that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the vendor, or any agent or representative of the vendor to any officer or employee of Calhoun County with a view toward securing an order and/or service. In the event an order and/or service is canceled by the County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by vendor in providing such gratuities. Warranty Product: Vendor shall not limit or exclude any implied warranties and any attempt to do so shall render an order voidable at the option of the County. Vendor warrants that the goods and/or services furnished will conform to the specifications, drawings, and description listed in the bid invitation, proposal and/or contract and to the sample(s) furnished by vendor if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. Page 6 of 9 Cancellation: Calhoun County shall have the right to cancel for default all or any part of the undelivered portion of an order and/or services if vendor breaches any of the terms hereof including warranties of vendor, or if the vendor becomes insolvent or files for protection under the bankruptcy laws. Such rights of cancellation are in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Force Maieure: Force Majeure means a delay encountered by a party in the performance of its obligations under this Agreement, which is caused by an event beyond the reasonable control of that party. Without limiting the generality of the foregoing, "Force Majeure" shall include but not be restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. In the event of a Force Majeure, the affected party shall not be deemed to have violated its obligations under this Agreement, and the time for performance of any obligations of that party shall be extended by a period of time necessary to overcome the effects of the Force Majeure, provided that the foregoing shall not prevent this Agreement from terminating in accordance with the termination provisions. If any event constituting a Force Majeure occurs, the affected party shall notify the other parties in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. Waiver: No claim or right arising out of a breach of any bid, proposal and/or contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Applicable Law: This agreement shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas and in effective on the date of bid, proposal and/or contract. Prohibition against Personal Interest in Bids, Proposals and/or Contracts: No officer or employee of the County shall have financial interest, direct or indirect, in any bid, proposal and/or contract with the County, or shall be financially interested, directly or indirectly, in the sale to the County of any land, materials, supplies, or service, except on behalf of the County as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall be subject to disciplinary action under applicable laws, statutes and codes of the State of Texas. Any violation of this section, with the knowledge, expressed or implied of the person or corporation contracting with the County shall render the bid, proposal and/or contract involved voidable by the Calhoun County Commissioners' Court. Insurance: Before commencing work, the successful vendor shall be required, at his own expense, to furnish the Calhoun County Auditor within ten (10) days of notification of award with a Page 7 of 9 certificate of insurance showing the following insurance coverage to be in force throughout the term of the bid, proposal and/or contract: General Liability ($100,000/$300,000 or greater) Workers' Compensation (at Statutory Limits) Employers Liability ($1,000,000 or greater) Auto Insurance ($100,000 BIPP/$300,000 BIPO/$100,000 PD or greater) The certificate must reflect that Calhoun County is an additional insured on the General Liability coverage. Each insurance policy to be furnished by successful vendor shall include, by endorsement to the policy, a statement that a notice shall be given to the Calhoun County Auditor by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. OSHA Requirements: The vendor or contractor hereby guarantees to Calhoun County, Texas that all materials, supplies, equipment or services listed on the bid, proposal and/or contract, purchase order or invoice meets the requirements, specifications and standards as provided for under the Federal Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. Protest Procedures: All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. Any actual or prospective vendor who believes they are aggrieved in connection with or pertaining to a bid, proposal and/or contract may file a protest. The protest must be delivered in writing to the Calhoun County Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: Name, mailing address and business phone number of the protesting party; Appropriate identification of the bid, proposal and/or contract being protested; A precise statement of the reasons for the protest; and Any documentation or other evidence supporting the protest and any alleged claims. The County Auditor's Office will attempt to resolve the protest, including at the County Auditor's option, meeting with the protesting party. if the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Commissioners' Court. If the County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review such documentation and information. If additional information is required, Commissioners' Court will notify the protesting party to provide such information. The decision of Commissioners' Court will be final Page 8 of 9 Public Information Act: All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. CALHOUN COUNTY AUDITOR To request information from Calhoun County, please contact: Cindy Mueller Calhoun County Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: cindy.mueller@calhouncotx.ors To request a bid/proposal package: Peggy Hall Assistant Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: peggy.hall@calhouncotx.org Page 9 of 9 SPECIFICATIONS FOR ROAD MATERIALS The County of Calhoun is requesting sealed bids for Road Materials as needed by the following Road and Bridge Precincts: Precinct #1, Fairgrounds Area - Stockpile or Jobsites Precinct #2, Six Mile Area - Stockpile or Jobsites Precinct #3, Olivia Area - Stockpile or Jobsites Precinct #4-P, Port O'Connor Area - Stockpile or Jobsites Precinct #4-S, Seadrift Area - Stockpile or Jobsites BID TERM The bid shall be in effect for a period of Six (6) Months beginning January 1, 2019 and ending June 30, 2019. BID MATERIALS • PE 5 Aggregate • Limestone-3/4 Inch to Dust • Item 247, Type A Limestone, Grade 2 [1 % Inch] • Item 247, Type A Limestone, Grade 3 [1 % Inch] • Item 247, Type B (Flexible Processed Base), Grade 2 • Item 247, Type B (Flexible Processed Base), Grade 3 • Item 302, Type PE (Topping Rock), Grade 3, LRA (Limestone Rock Asphalt), * Material Source out of • Item 302, Type PE (Topping Rock), Grade 4, LRA (Limestone Rock Asphalt), * Material Source out of • Item 330, Type D (Pre -Mix Limestone) • Item 334, Type D, Hot Mix Cold Laid Asphalt Concrete Pavement • Pothole Repair - Item 330 D, Limestone Rock Asphalt (LRA) The material will be used to construct a base course, a surface course, a level -up course, pothole repair, or any combination of these courses of the types and grade using a cold -mixed material consisting of native limestone rock asphalt (LRA) aggregate, fluxing material, water. LRA Mixture -Furnish LRA according to DMS-9210, "Limestone Rock Asphalt (LRA)", Item 330 D per the Surface Aggregate Classification plans as set forth by TXDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges 2014. No material will be accepted that has been blended and stored on the producer's pad for more than 24 hours prior to loading and shipment. Page 1 of 3 The request for a, bid on a material does not guarantee that Calhoun County will purchase this material during the bid period. Calhoun County reserves the right to reject any or all bids and to accept the bid deemed most advantageous to Calhoun County. Calhoun County Commissioners have the right to reject, at any time, any material that is undesirable for either road or stockpileAobsite location. Materials shall meet or exceed "Texas Department of Transportation Current Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Delivery shall be FOB Destination to designated stockpile or jobsite. All charges must be included in bid price or clearly stated on bid form. Additional charges listed separately, if any, will increase the amount of the bid. No other charges, including freight, may be added to the bid price when invoiced unless these charges were noted on the bid form and awarded as such. Calhoun County is not responsible for errors if the bid forms are handwritten. It is recommended that all information submitted by the vendor on the bid forms be typed. Exceptions taken to the specifications and listed on the vendor's bid may void the bid. The award of a bid will be voided if specifications are not followed. The bid would then be awarded to the vendor which submitted the next lowest bid that met specifications. Calhoun County Commissioners have the right to stop hauling and or delivery of product or products at any time due to weather, road conditions or machinery breakdowns. No penalties or charges will be billed to Calhoun County if hauling and or delivery of product(s) is stopped due to weather, road conditions or machinery breakdowns. When required, all materials ordered will be delivered to the site designated and within 24 hours from time of order. In the event the vendor is unable to deliver the materials ordered with 24 hours from time of order, Calhoun County reserves the right to re -order the said material from the vendor which submitted the next lowest bid that met specifications and can deliver within 24 hours from time of order. All materials not conforming to the requirements of these specifications will be rejected and shall be removed immediately from the delivery site by the vendor and at the vendor's cost. Material description per bid specifications and awarded bid price per ton and other charge, if any other charge was included in award, must appear on all invoices in order to be considered for payment. Page 2 of 3 Calhoun County reserves the right to conduct random sampling of pre -qualified materials for testing and to perform random audits of test reports. Calhoun County representatives may sample materials from the manufacturing plant, terminal, shipping container and any other source they deem necessary to insure reliability of the products. Regardless of results of any materials test required by Calhoun County, all costs incurred for such tests shall be paid for by the vendor. NO PERSON has the authority to verbally alter these specifications. Any changes to specifications will be made in writing (Addendum approved by Commissioners' Court) and sent to each person having a bid package. All disputes or protests will be held in Calhoun County, Texas. A completed Form 1295 must be returned with the bid. (See General Conditions, page 5, Certificate of Interested Parties — Form 1295.) Information to be returned by the time and date due: 1. Invitation To Bid Form (Page 1-5) 2. A Completed Form 1295 See General Conditions, page 5, Certificate of Interested Parties — Form 1295. ► On #3 on Form 1295 Put the Following: 2019.01-06 Road Materials 3. Vendor/Order Information Form * Please Do Not Fold any of the above information. * Bid information must be returned in a sealed 9 x 12 or larger envelope clearly marked: "Sealed Bid — Road Materials" * If you send your bids by UPS, FEDEX, etc., the outside of this envelope must be clearly marked: "Sealed Bid — Road Materials" Page 3 of 3 CALHOUN COUNTY, TEXAS VENDOR: ROAD MATERIALS - INVITATION TO BID Type or Print Name of Business You are invited to submit a bid on the below items to: Michael Pfeifer, County Judge, Calhoun County Courthouse 211 S. Ann St, 3rd Floor, Room 301,Port Lavaca, TX 77979 Bid Period: January 1, 2019 thru June 30, 2019 Bids Due: 2:00 PM, Thursday, December 6, 2018 READ AND FOLLOW SPECIFICATIONS AND GENERAL CONDITIONS Remember - Bid Price Must Include Freight PLEASE TYPE - IF HANDWRITTEN, MUST BE IN INK AND LEGIBLE - Not responsible for errors if not legible Bid Item Precinct 1- Fairgrounds Area - Stockpile or Jobsites PE 5 Aggregate per Ton; Minimum Load Limestone-3/4 Inch to Dust per Ton; Minimum Load Item 247, Type A Limestone, Grade 2 [13/4 Inch] per Ton; Minimum Load Item 247, Type A Limestone, Grade 3 [13/4 Inch] per Ton; Minimum Load Item 247, Type B (Flexible Processed Base), Grade 2 per Ton; Minimum Load Item 247, Type B (Flexible Processed Base), Grade 3 per Ton; Minimum Load Item 302,Type PE (Topping Rock), Grade 3, LRA (Limestone Rock Asphalt), * Material Source out of * per Ton; Minimum Load P Item 302, Type PE (Topping Rock), Grade 4, LRA (Limestone Rock Asphalt), * Material Source out of * per Ton; Minimum Load Item 330, Type D (Pre -Mix Limestone) per Ton; Minimum Load Item 334, Type D, Hot Mix Cold Laid Asphalt Concrete Pavement per Ton; Minimum Load Pothole Repair, Item 330 D, Limestone Rock Asphalt (LRA) per yard; Minimum Load The undersigned affirms that they are duly authorized to execute this bid and that this company, corporation, firm, partnership, or individualhas read the entire Invitation to Bid Package and fully understands and has followed all specifications and general conditions. Authorized Signature & Title: Type Name & Title of Authorized Signature : Date of Notes: Remember to Include with your bid: Form 1295 and Vendor/Order Form PAGE 1 of 5 CALHOUN COUNTY, TEXAS ROAD MATERIALS - INVITATION TO BID VENDOR: Type or Print Name of Business You are invited to submit a bid on the below items to: Michael Pfeifer, County Judge, Calhoun County Courthouse 211 S. Ann St, 3rd Floor, Room 301,Port Lavaca, TX 77979 Bid Period: January 1, 2019 thru June 30, 2019 Bids Due: 2:00 PM, Thursday, December 6, 2018 READ AND FOLLOW SPECIFICATIONS AND GENERAL CONDITIONS Remember - Bid Price Must Include Freight PLEASE TYPE - IF HANDWRITTEN, MUST BE IN INK AND LEGIBLE - Not responsible for errors if not legible Bid Item Precinct 2 -Six Mile Area - Stockpile orJobsites PE 5Aggregate per Ton; Minimum Load Limestone-3/4 Inch to Dust per Ton; Minimum Load Item 247, Type A Limestone, Grade 2 [13/4 Inch] per Ton; Minimum Load Item 247, Type A Limestone, Grade 3 [13/4 Inch] per Ton; Minimum Load Item 247, Type B (Flexible Processed Base), Grade 2 per Ton; Minimum Load Item 247, Type B (Flexible Processed Base), Grade 3 per Ton; Minimum Load Item 302, Type PE (Topping Rock), Grade 3, LRA (Limestone Rock Asphalt), * Material Source out of * per Ton; Minimum Load Item 302, Type PE (Topping Rock), Grade 4, LRA (Limestone Rock Asphalt), * Material Source out of . per Ton; Minimum Load Item 330, Type D (Pre -Mix Limestone) per Ton; Minimum Load Item 334, Type D, Hot Mix Cold Laid Asphalt Concrete Pavement per Ton; Minimum Load Pothole Repair, Item 330 D, Limestone Rock Asphalt (LRA) per Yard; Minimum Load The undersigned affirms that they are duly authorized to execute this bid and that this company, corporation, firm, partnership, or individualhas read the entire Invitation to Bid Package and fully understands and has foflowed all specifications and general conditions. Authorized Signature & Title: Type Name & Title of Authorized Signature : Date of Bid Notes: Remember to Include with your bid: Form 1295 and Vendor/Order Form PAGE 2 of 5 CALHOUN COUNTY, TEXAS ROAD MATERIALS - INVITATION TO BID VENDOR: Type or Print Name of Business You are invited to submit a bid on the below items to: Michael Pfeifer, County Judge, Calhoun County Courthouse 211 S. Ann St, 3rd Floor, Room 301,Port Lavaca, TX 77979 Bid Period: January 1, 2019 thru June 30, 2019 Bids Due: 2:00 PM, Thursday, December 6, 2018 READ AND FOLLOW SPECIFICATIONS AND GENERAL CONDITIONS Remember - Bid Price Must Include Freight PLEASE TYPE - IF HANDWRITTEN, MUST BE IN INK AND LEGIBLE - Not responsible for errors if not legible Bid Item Precinct 3 - Olivia Area - Stockpile or Jobsites PE 5 Aggregate per Ton; Minimum Load Limestone-3/4 Inch to Dust per Ton; Minimum Load Item 247, Type A Limestone, Grade 2 [13/4 Inch] per Ton; Minimum Load Item 247, Type A Limestone, Grade 3 [13/4Inch] per Ton; Minimum Load Item 247, Type B (Flexible Processed Base), Grade 2 per Ton; Minimum Load Item 247, Type B (Flexible Processed Base), Grade 3 per Ton; Minimum Load Item 302, Type PE (Topping Rock), Grade 3, LRA (Limestone Rock Asphalt), * Material Source out of * per Ton; Minimum load p Item 302, Type PE (Topping Rock), Grade 4, LRA (Limestone Rock Asphalt), * Material Source out of * per Ton; Minimum Load Item 330, Type D (Pre -Mix Limestone) per Ton; Minimum Load Item 334, Type D, Hot Mix Cold Laid Asphalt Concrete Pavement per Ton; Minimum Load Pothole Repair, Item 330 D, Limestone Rock Asphalt (LRA) per Yard Minimum Load The undersigned affirms that they are duly authorized to execute this bid and that this company, corporation, firm, partnership, or individualhas read the entire Invitation to Bid Package and fully understands and has followed all specifications and general conditions. Authorized Signature & Title: Type Name & Title of Authorized Signature : Date of Bid: Notes: Remember to Include with your bid: Form 1295 and Vendor/Order Form PAGE 3 of 5 CALHOUN COUNTY, TEXAS VENDOR: ROAD MATERIALS - INVITATION TO BID Type or Print Name of Business You are invited to submit a bid on the below items to: Michael Pfeifer, County Judge, Calhoun County Courthouse 211 S. Ann St, 3rd Floor, Room 301,Port Lavaca, TX 77979 Bid Period: January 1, 2019 thru June 30, 2019 Bids Due: 2:00 PM, Thursday, December 6, 2018 READ AND FOLLOW SPECIFICATIONS AND GENERAL CONDITIONS Remember - Bid Price Must Include Freight PLEASE TYPE - IF HANDWRITTEN, MUST BE IN INK AND LEGIBLE - Not responsible for errors if not legible Bid Item Precinct 4-P - Port O'Connor Area - Stockpile or Jobsites PE5Aggregate per Ton; Minimum Load Limestone-3/4 Inch to Dust per Ton; Minimum Load Item 247, Type A Limestone, Grade 2 [13/4 Inch] per Ton; Minimum Load Item 247, Type A Limestone, Grade 3 [13/4 Inch] per Ton; Minimum Load Item 247, Type B (Flexible Processed Base), Grade 2 per Ton; Minimum Load Item 247, Type B (Flexible Processed Base), Grade 3 per Ton; Minimum Load Item 302, Type PE (Topping Rock), Grade 3, LRA (Limestone Rock Asphalt), * Material Source out of r per Ton; Minimum Load Item 302, Type PE (Topping Rock), Grade 4, LRA (Limestone Rock Asphalt), * Material Source out of * per Ton; Minimum Load Item 330, Type D (Pre -Mix Limestone) per Ton; Minimum Load Item 334, Type D, Hot Mix Cold Laid Asphalt Concrete Pavement per Ton; Minimum Load Pothole Repair, Item 330 D, Limestone Rock Asphalt (LRA) per Yard; Minimum Load The undersigned affirms that they are duly authorized to execute this bid and that this company, corporation, firm, partnership, or individualhas read the entire Invitation to Bid Package and fully understands and has followed all specifications and general conditions . Authorized Signature & Title: Type Name & Title of Authorized Signature : Date of Bid Notes: Remember to Include with your bid: Form 1295 and Vendor/Order Form PAGE 4 of 5 CALHOUN COUNTY, TEXAS VENDOR: ROAD MATERIALS - INVITATION TO BID Type or Print Name of Business You are invited to submit a bid on the below items to: Michael Pfeifer, County Judge, Calhoun County Courthouse 211 S. Ann St, 3rd Floor, Room 301,Port Lavaca, TX 77979 Bid Period: January 1, 2019 thru June 30, 2019 Bids Due: 2:00 PM, Thursday, December 6, 2018 READ AND FOLLOW SPECIFICATIONS AND GENERAL CONDITIONS Remember - Bid Price Must Include Freight PLEASE TYPE - IF HANDWRITTEN, MUST BE IN INKAND LEGIBLE - Not responsible for errors if not legible Bid Item Precinct 4-S - Seadrift Area - Stockpile or Jobsites PE 5 Aggregate per Ton; Minimum Load Limestone-3/4 Inch to Dust per Ton; Minimum Load Item 247, Type A Limestone, Grade 2 [13/4 Inch] per Ton; Minimum Load Item 247, Type A Limestone, Grade 3 [13/4 Inch] per Ton; Minimum Load Item 247, Type B (Flexible Processed Base), Grade 2 per Ton; Minimum Load Item 247, Type B (Flexible Processed Base), Grade 3 per Ton; Minimum Load Item 302, Type PE (Topping Rock), Grade 3, LRA (Limestone Rock Asphalt), * Material Source out of * per Ton; Minimum Load Item 302, Type PE (Topping Rock), Grade 4, LRA (Limestone Rock Asphalt), * Material Source out of * per Ton; Minimum Load Item 330, Type D (Pre -Mix Limestone) per Ton; Minimum Load Item 334, Type D, Hot Mix Cold Laid Asphalt Concrete Pavement per Ton; Minimum Load Pothole Repair, Item 330 D, Limestone Rock Asphalt (LRA) per Yard; Minimum Load The undersigned affirms that they are duly authorized to execute this bid and that this company, corporation, firm, partnership, or individual has read the entire Invitation to Bid Package and fully understands and hos followed all specifications and general conditions. Authorized Signature & Title: Type Name & Title of Authorized Signature : Date of Notes: Remember to Include with your bid: Form 1295 and Vendor/Order Form PAGE 5 of 5 VENDOR INFORMATION Please Type. If handwritten, must be in ink and legible Vendor Name: Address: Remittance Address: Telephone: Fax• Email: Signature of Authorized Representative: Printed name of Authorized Rep: ORDER — CONTACT INFORMATION Order Contact Name & Title: Order Contact Telephone: Order Contact Fax: Order Contact Email: Return this form with your bid. CINNIMLLER PEBBY HALL CRISTINA P TUAZON 202 S ANN ST, STE B DEMI CABRERA CANDICE VILLARREAL PORT LAVACA, TENAS n919 ERICA PEREZ Pr ASSISTANT AUDITOR TELEPHONE (36115534610FAX13611553.4614 ASSISTANT AUDITORS CALHOUN COUNTY, TEXAS CONTACT INFORMATION COUNTY PRECINCTS Calhoun County Precinct 1 Commissioner David Hall 305 Henry Barber Way (by the County Fairgrounds) Port Lavaca, TX 77979 Office: 361-552-9242 Fax: 361-553-8734 Calhoun County Precinct 2 Commissioner Vern Lyssy 5812 FM 1090 (Six Mile) Port Lavaca, TX 77979 Office: 361-552-9656 Fax: 361-553-6664 Calhoun County Precinct 3 Commissioner Clyde Syma 24627 State Hwy 172 (Olivia) Port Lavaca, TX 77979 Office: 361-893-5346 Fax: 361-893-5309 Calhoun County Precinct 4-P Commissioner Kenneth Finster Trevor St off of Hwy 185 Port O'Connor, TX 77982 Use same numbers as Seadrift Calhoun County Precinct 4-S Commissioner Kenneth Finster 104 E Dallas St PO Box 177 Seadrift, TX 77983 Office: 361-785-3141 Fax: 361-785-5602 ROAD MATERIALS CURRENT BID TABULATIONS July 1, 2018 thru December 31, 2018 ME 9 am m X I 'o Sp C gw o w_ `0 a pj w x m O CO) r� m m 3 < »m o n 0 F3 _O W co :- x 0 goad C �w n w f� per' m vv� s Nom mm 3 nx X o 2m �Z 00 7 D a mm v z m'' w o. 6 9 J i x c p � D r z coo 0 r Z OA X C 9 O z W a > N � W > N N 0 0 W> W x it s y g x � D A yz �0 x rZ O1 --A 9: C X 01 O Z x x FM n V sr. Z CA t�s xl �o D D z 0 _ rz O--1 n C;u x O -i O z J v e sa x Dc OC AD r z (n 0p o r z -I nc C x O -i O z c cc � D z �n m r z (rj cn C x O -i O z O O > > W co > > N N N N O O > > w W 9 9 > > co 0 0 O O z z A A x Dc A AD z V)a x rZ n �1 C x O 1 O z fit X FM D v m v 3: m m w 0 m n z --I 469 U A CA O z O 0 3 r 0 m X I� F: 2 X I M 99 m I 3 V rm T T m T cm 0 T cm C 9 C7 E C RI W 3 C 0 0 E� mD �O o sl X c 9 0 z i y�l co c m O x ma �O n -/i A c 0 z PN ma rc�O n -Oi c 9 0 z -o w m 0 z --1 A cm V O O z Z X rnD Z �O 0Oi C 0 -0 z > 0 W rn w m 0 z .i co C" W O z Z X c mZ �O ncn C 0 z 0 x xD �0 n1 c 0 z O W W O m W c m 0 0 x �C D z co00 z nX c 0 z N O W O O a m 0 z W O 0 Z ;u D rn 00 0� X c 0 z m 0 z -1 N Ch V CA O z Z f� AZ V)o c 0 z O co W O w m 0 c m 0 x � D r0 00 0� c 0 z O W W O OD F ME x I DAD t 0 in 0 r 0) 0� C -O-I x I C Z 00 ;L1 C 0.{ O z EE x I MW 9 'U - v 'U - v 'D 'O v 'D 'U v T 'U 9 m m n 0 m m 0 0 m m 0 0 m m o 0 m m 0 0 r y -i cow to N N O v G f9 {9 f9 f9 a f9 fA a {9 Ice :0. (9 fAcm N y y Wf�0 'a o W (~O (b o N (JO Ut o N tJo tT �JO o UI o o t)t O o o 6 ti y H ti -� °z °z z °z z z v z -� zz zz zz W WQ V TT rnrn �} mm rnrn O o C'a o o [Td o o CTd o c 2. 32. 2. C C C C C �- C C 3 3 C G 3 3 C 3 3 3 3 3 3 jx O y 0 0 0 0 0 0 0 0 0 0 m m m m 6 m 6 O 6 � 0 � 0 �j D 9 V �� /!ryyi 0 0 0 0 L 0 \ j 0 W I, X X X X X 11 D if D b mb D D D p X v X m X m X m X m O m m m m m y w v W v W v INW v o o "Z e O w y v D D c v m y Eyy B r r v r r Z Z z z z m y tTJ 0 0 3 0 K 9 o X m X m X M X m X N O Q m O v Z O m Z Q m n rWn PAR x 3 zi > x 0 0 o o o o o o x o o a > > m W a > > a eo a > oo w a > > w m a > ao W a C N N o 0 o m m v a o o >.c v � o o 00 v o o v o m W m m co W x DEW 0� =Ao >Do v0 =Oc mn N O co m 2-0 3 x I x I D6m co =Oo °rco TOG) MOT C m0 N O QD m D mu co 00 D ODD BOG) �ai0c mo-o m N O W D a W SO5. =gym �gCO) -Di m0 =OT c mr- N O O N fA N 0 OD Calhoun County Commissioners' Court— November 07, 2018 14. ACKNOWLEDGE (AGENDA ITEM NO. 14) To approve specifications and authorize the County Auditor to advertise for bids for Asphalts, Oils and Emulsions for the period beginning January 1, 2019 and ending June 30, 2019. Bids will be due Thursday, December 6, 2018 and considered for award on Wednesday, December 19, 2018. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 12 of 21 !1 y Agenda Item for Commissioners' Court —Wednesday, November 7, 2018 Consider and take necessary action to approve specifications and authorize the County Auditor to advertise for bids for Asphalts, Oils and Emulsions for the period beginning January 1, 2019 and ending June 30, 2019. Bids will be due Thursday, December 6, 2018 and considered for award on Wednesday, December 19, 2018. CALHOUN COUNTY, TEXAS 2019s0lm06 ASPHALTS, OILS, 51p EMULSIONS BID PERIOD: JANUARY 1, 2019 thru JUNE 30, 2019 PECCY NAIL CRISTINA P TUMOR 202 S ANN ST, STE B DEMI CABRERA CANDICE VILLARREAL PORT LAVACA, TEXAS 71919 ERICA PEREI In ASSISTANT AUDITOR TELEPHONE 13611553-4610FAX136115534614 ASSISTANT AUDITORS INVITATION TO BID 2019.01-06 ASPHALTS, OILS AND EMULSIONS JANUARY 1, 2019 thru JUNE 30, 2019 Calhoun County Commissioners' Court is accepting sealed bids for the following: Primer Oil AC-5 RC250 CRS-2 CRS-2P BID PACKAGES: May be obtained at the Calhoun County Auditor's Office. Peggy Hall, Assistant Auditor Calhoun County Courthouse Annex II 202 S. Ann St., Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Email: pegsy.hall@calhouncotx.org BIDS DUE: By 2:00 PM, THURSDAY, DECEMBER 6, 2018 DELIVERY ADDRESS: Michael Pfeifer, County Judge Calhoun County Courthouse 211SAnn St 3`d Floor, Room 301 Port Lavaca TX 77979 The outside of the 9 x 12 or larger envelope must be clearly marked: SEALED BID - ASPHALTS, OILS AND EMULSIONS BID OPENING: Public bid opening will be conducted in the County Judge's Office, Calhoun County Courthouse, 3`d Floor, Room 301, Port Lavaca, Texas CONTENTS Return Instructions General Conditions Specifications for Asphalts, Oils and Emulsions Invitation to Bid Form Vendor and Order Information Form Contact Information for County Precincts Current Bid Tabulations — July 1, 2018 thru December 31, 2018 CI R PEBOY HALL CRISTINA P TUAZON 202 S ANN ST, STE B DEMI CABREBA CANDICE VILLARREAL PORT LAUACA. TEXAS 71919 ERICA PEREZ 1"ASSISTANT AUDITOR TELEPHONE (3611553-4610FAX136115534614 ASSISTANT AUDITORS RETURN INSTRUCTIONS For Submitting a Bid for 2019.01-06 Asphalts, Oils & Emulsions Return the following bV 2:00 PM, THURSDAY, DECEMBER 6, 2018: This information must be returned by the time and date due. Failure to return the following information will void the bid. 1. Invitation to Bid Form 2. Form 1295 (see General Conditions, page 5) * On #3 on Form 1295 put the following: 2019.01-06 Asphalts, Oils & Emulsions 3. Vendor/Order Information Form * Do Not Fold * Bid information must be returned in a sealed 9 x 12 or larger envelope clearly marked: "Sealed Bid — Asphalts, Oils & Emulsions" * If you send your bids by UPS, FEDEX, etc, the outside of this envelope must be clearly marked: "Sealed Bid —Asphalts, Oils & Emulsions" CALHOUN COUNTY, TEXAS GENERAL CONDITIONS Read all documents carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. General Conditions apply to all advertised bids, proposals or contracts; however these may be superseded in whole or in part by the scope, special requirements, specifications or special sections of Texas Government Code and/or Texas Local Government Code. Governing Law: Bidder is advised that the Invitation to Bid, Request for Proposal or Contract shall be fully governed by the laws of the State of Texas and that Calhoun County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of the Invitation to Bid, Request for Proposal or Contract. All parties agree that the venue for any litigation arising from this Invitation to Bid, Request for Proposal and/or Contract shall be held in Port Lavaca, Calhoun County, Texas. Bid, Proposal and/or Contract Form Completion: Once a bid, proposal and/or contract is released for bidding, Calhoun County will not answer any questions except through an addendum that has been approved by Commissioners' Court or at a mandatory pre -bid meeting. Fill out, sign, and return to the Calhoun County Judge's Office the required number of bid forms, proposal forms, and/or contracts, and any other required information by the day and time the bid, proposal and/or contract is due. The bid, proposal and/or contract must be signed and dated by an officer (or employee) who is duly authorized to execute this bid, proposal and/or contract, and that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other vendor, and that the contents of this bid, proposal and/or contract as to prices, terms or conditions of said bid have not been communicated by the individual signing nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid, proposal and/or contract. The use of liquid paper or white out is not acceptable and may result in the disqualification of the bid, proposal and/or contract. If an error is made, the vendor must draw a line through the error and initial each change. All responses typed or handwritten must be clear and legible. Bid Proposal and/or Contract Return: On or before the due date and time, the vendor must return all completed bids, proposals and/or contracts and required information and copies to the Calhoun County Judge's Office, 211 S. Ann St., 3rd Floor, Suite 301, Port Lavaca, Texas. The clock in the County Judge's office is the official clock that will be used in determining the time the bid, proposal and/or contract is received and the time the bid, proposal and/or contract will be opened. A late delivery with an early postmark will not suffice. Calhoun Page 1 of 9 County will not be responsible for the delivery of your bid, proposal and/or contract to the office of the County Judge. Calhoun County is not responsible for late deliveries due to mail, carrier, etc. Calhoun County does not accept faxed or emailed bids, proposals and/or contracts. If you would like to confirm the delivery of your bid, proposal and/or contract, you may call the County Judge's office at 361-553-4600. Late bids, proposals and/or contracts will not be accepted. All late bids, proposals and/or contracts will be returned unopened to the bidder. Bid, proposal and/or contract must be submitted in a sealed 9 x 12 or larger envelope, addressed as follows: Michael Pfeifer, Calhoun County Judge, 211 S. Ann St., 3rd Floor, Suite 301, Port Lavaca, TX 77979. The outside of the envelope must be clearly marked: SEALED BID (PROPOSAL) and the name of the bid or proposal must also be clearly stated. Withdrawal of BID, Proposal and/or Contract: A vendor may withdraw their bid, proposal and/or contract before County acceptance of the bid, proposal and/or contract without prejudice to the vendor, by submitting a written request for its withdrawal to the County Judge and mail or hand deliver to the address the bid, proposal and/or contract was submitted to. A bid, proposal and/or contract that were opened are not subject to amendment, alteration, or change for the purpose of correcting an error in the bid, proposal and/or contract price. Bids, proposals and/or contracts containing an error may be offered "as is" or withdrawn by the vendor in accordance with applicable State Laws. Bid Proposal and/or Contract Opening and Award: Vendors are invited to be present at the opening and awarding of the bid, proposal and/or contract. Governing Forms: In the event of any conflict between the terms and provisions of these conditions and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Calhoun County's interpretation shall govern. Addendums: When specifications are revised, the Calhoun County Auditor's Office will send each vendor that received a bid, proposal and/or contract package the addendum once it has been approved by Commissioners' Court. No addendum can be sent out until the Commissioners' Court has approved the addendum. Hold Harmless Agreement: Successful vendor shall defend, indemnify and hold Calhoun County and its officers, agents, and employees harmless from all suits, actions, or for personal injury, death and/or property damage arising from any cause whatsoever, resulting directly or indirectly from vendor's performance. Vendor shall procure and maintain, with respect to the subject matter of this bid, proposal and/or contract, appropriate insurance coverage including, as a minimum, general liability and property damage, workers' compensation, employers liability and auto insurance Page 2 of 9 with adequate limits to cover vendor's liability as may arise directly or indirectly from work performed under terms of this bid, proposal and/or contract. Certification of such coverage must name Calhoun County as an additional insured and be provided to the County upon request. Waiver of Subrogation: Vendor and vendor's insurance carrier waive any and all rights whatsoever with regard to subrogation against Calhoun County as an indirect party to any suit arising out of personal or property damages resulting from vendor's performance under this agreement. Bonds• If this bid or proposal requires submission of bid or proposal guarantee and performance bond, there will be a separate page explaining those requirements. Bids or proposals submitted without the required bid bond or cashier's checks are not acceptable. Taxes: Calhoun County is exempt from all federal excise taxes and sales tax (state, city and county sales tax). Tax exempt forms will be furnished upon request to the Calhoun County Auditor's Office. Pricing: Prices for all goods and/or services shall be firm for the duration of this bid, proposal and/or contract and shall be stated on the bid sheet, proposal and/or contract. Prices shall be all inclusive. All prices must be written in ink or typewritten. Pricing on all transportation, freight, and other charges are to be prepaid by the vendor and included in the bid, proposal and/or contract prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, vendor must indicate the items required and their costs or forfeit the right to payment for such items. Inspections: Calhoun County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department before accepting them. Testing: Calhoun County reserves the right to test equipment, supplies, materials and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection. Awards: Calhoun County reserves the right to award this bid, proposal and/or contract on the basis of lowest and best bid, proposal and/or contract that met specifications in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one vendor, to reject any or all bids, proposals and/or contracts and to be the sole judge in determining which bid, proposal and/or contract will be most advantageous to Calhoun County. An award is final only upon formal execution by the Calhoun County Commissioners' Court. Page 3 of 9 In the event of tie bids, proposal and/or contracts, the winning bid, proposal and/or contract is determined per the Texas Local Governmental Code 262.027(b). Calhoun County, Texas is an Equal Employment Opportunity Employer. The County does not discriminate on the basis of race, color, nation origin, sex, religion, age or handicapped status in employment or the provision of services. Assignment: The successful vendor may not assign, sell or otherwise transfer this bid, proposal and/or contract without written permission of Calhoun County Commissioners' Court. Term of Bids, Proposals and/or Contracts: If the bid, proposal and/or contract are intended to cover a specific time period, said time will be given in the specifications and/or instructions. Bid, Proposal and/or Contract Obligation: Calhoun County Commissioners' Court must award the bid, proposal and/or contract. If a contract is required, the County Judge or other person authorized by Commissioners' Court must sign the contract before it becomes binding on Calhoun County. Delivery All items shall be shipped F.O.B. inside (or site location) delivery unless otherwise stated in the specifications. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the County to purchase supplies from the next lowest bidder that met specifications. Resections: Articles not in accordance with samples and specifications must be removed by the vendor at the vendor's expense. All disputes concerning quality of supplies, products, and/or services delivered under this bid, proposal and/or contract will be determined by Commissioners' Court or their designated representative. Termination• Calhoun County reserves the right to terminate the bid, proposal and/or contract for default if the vendor breaches any of the terms therein, including warranties of vendor or if the vendor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Calhoun County's satisfaction and/or to meet all other obligations and requirements. Bids, proposals and/or contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified. The vendor or Calhoun County must state therein the reasons for such cancellation. Calhoun County reserves the right to award cancelled bid, proposal and/or contract to the next lowest and best vendor that met specifications and is deemed to be in the interest of the County. Page 4 of 9 Delinquent Property Taxes: Calhoun County reserves the right to reject any bid, proposal and/or contract submitted by a vendor owing delinquent property taxes to Calhoun County, Texas. Certificate of Interested Parties — Form 1295 Section 2252.908 was added to the Government Code by the 84`h Texas Legislature through adoption of House Bill 1295. Senate Bill 255 adopted by the 85th Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal: https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The law states that a County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) has been completed and provided to the County at the time the contract is considered for action by Commissioners' Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract (bids and/or proposals also require Form 1295). The law does not apply to a contract, bid and/or proposal between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within thirty (30) days of approving a contract with a business entity. Governmental transparency is the objective of the law. A business entity will generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. An authorized agent of the business entity must sign the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct. Calhoun County Commissioners' Court will not consider for action any bid, proposal and/or contract with a business entity unless it is accompanied by a completed, signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. No later than thirty (30) days after Calhoun County Commissioners' Court approves a contract or awards a bid or proposal with a business entity, the County Clerk will file acknowledgement Page 5 of 9 of receipt of the Form 1295 with the Texas Ethics Commission. The Texas Ethics Commission will post the completed Form 1295 to its website within seven (7) business days after Calhoun County acknowledges receipt of the form. Debarment: Vendor certifies that at the time of submission of its bid, proposal and/or contract, vendor was not on the federal government's list of suspended, ineligible or debarred vendors and that vendor has not been placed on this list between the time of its bid, proposal and/or contract submission and the time of execution of the bid, proposal and/or contract. If vendor is placed on this list during the term of the bid, proposal and/or contract, the vendor shall notify the Calhoun County Auditor. False certification or failure to notify may result in termination of the bid, proposal and/or contract for default. Invoices and Payments: All invoices are subject to approval by the County Auditor's Office. Invoices shall be itemized and free of federal excise taxes and sales tax (state, city and county sales tax). Payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the County Treasurer's Office by the deadline time and date set forth by the Treasurer's office. No payment can be made or mailed out until approved by Commissioners' Court. Purchase order due dates/times and Commissioners' Court dates/times are subject to change. Calhoun County's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render the order null and void to the extent funds are not available and any delivered but unpaid goods will be returned to the seller by the county. Gratuities• Calhoun County may, by written notice to the vendor, cancel any order and/or service without liability, if it is determined by the County that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the vendor, or any agent or representative of the vendor to any officer or employee of Calhoun County with a view toward securing an order and/or service. In the event an order and/or service is canceled by the County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by vendor in providing such gratuities. Warranty Product: Vendor shall not limit or exclude any implied warranties and any attempt to do so shall render an order voidable at the option of the County. Vendor warrants that the goods and/or services furnished will conform to the specifications, drawings, and description listed in the bid invitation, proposal and/or contract and to the sample(s) furnished by vendor if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. Page 6 of 9 Cancellation: Calhoun County shall have the right to cancel for default all or any part of the undelivered portion of an order and/or services if vendor breaches any of the terms hereof including warranties of vendor, or if the vendor becomes insolvent or files for protection under the bankruptcy laws. Such rights of cancellation are in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Force Majeure: Force Majeure means a delay encountered by a party in the performance of its obligations under this Agreement, which is caused by an event beyond the reasonable control of that party. Without limiting the generality of the foregoing, "Force Majeure" shall include but not be restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. In the event of a Force Majeure, the affected party shall not be deemed to have violated its obligations under this Agreement, and the time for performance of any obligations of that party shall be extended by a period of time necessary to overcome the effects of the Force Majeure, provided that the foregoing shall not prevent this Agreement from terminating in accordance with the termination provisions. If any event constituting a Force Majeure occurs, the affected party shall notify the other parties in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. Waiver: No claim or right arising out of a breach of any bid, proposal and/or contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Applicable Law: This agreement shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas and in effective on the date of bid, proposal and/or contract. Prohibition against Personal Interest in Bids, Proposals and/or Contracts: No officer or employee of the County shall have financial interest, direct or indirect, in any bid, proposal and/or contract with the County, or shall be financially interested, directly or indirectly, in the sale to the County of any land, materials, supplies, or service, except on behalf of the County as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall be subject to disciplinary action under applicable laws, statutes and codes of the State of Texas. Any violation of this section, with the knowledge, expressed or implied of the person or corporation contracting with the County shall render the bid, proposal and/or contract involved voidable by the Calhoun County Commissioners' Court. Insurance• Before commencing work, the successful vendor shall be required, at his own expense, to furnish the Calhoun County Auditor within ten (10) days of notification of award with a Page 7 of 9 certificate of insurance showing the following insurance coverage to be in force throughout the term of the bid, proposal and/or contract: General Liability ($100,000/$300,000 or greater) Workers' Compensation (at Statutory Limits) Employers Liability ($1,000,000 or greater) Auto Insurance ($100,000 BIPP/$300,000 BIPO/$100,000 PD or greater) The certificate must reflect that Calhoun County is an additional insured on the General Liability coverage. Each insurance policy to be furnished by successful vendor shall include, by endorsement to the policy, a statement that a notice shall be given to the Calhoun County Auditor by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. OSHA Requirements: The vendor or contractor hereby guarantees to Calhoun County, Texas that all materials, supplies, equipment or services listed on the bid, proposal and/or contract, purchase order or invoice meets the requirements, specifications and standards as provided for under the Federal Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. Protest Procedures: All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. Any actual or prospective vendor who believes they are aggrieved in connection with or pertaining to a bid, proposal and/or contract may file a protest. The protest must be delivered in writing to the Calhoun County Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: Name, mailing address and business phone number of the protesting party; Appropriate identification of the bid, proposal and/or contract being protested; A precise statement of the reasons for the protest; and Any documentation or other evidence supporting the protest and any alleged claims. The County Auditor's Office will attempt to resolve the protest, including at the County Auditor's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Commissioners' Court. If the County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review such documentation and information. If additional information is required, Commissioners' Court will notify the protesting party to provide such information. The decision of Commissioners' Court will be final Page 8 of 9 Public Information Act: All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. CALHOUN COUNTY AUDITOR To request information from Calhoun County, please contact: Cindy Mueller Calhoun County Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: cindy.mueller@calhouncotx.org To request a bid/proposal package: Peggy Hall Assistant Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: peggv.hall@calhouncotx.org Page 9 of 9 SPECIFICATIONS FOR ASPHALTS, OILS AND EMULSIONS The County of Calhoun is requesting sealed bids for Asphalts, Oils and Emulsions as needed by the following Road and Bridge Precincts: Precinct #1, Fairgrounds Area — Stockpile or Jobsites Precinct #2, Six Mile Area — Stockpile or Jobsites Precinct #3, Olivia Area — Stockpile or Jobsites Precinct #4-P, Port O'Connor Area — Stockpile or Jobsites Precinct #4-S, Seadrift Area — Stockpile or Jobsites BID TERM The bid shall be in effect for a period of Six (6) Months beginning January 1, 2019 and ending June 30, 2019. BID MATERIALS • Primer Oil Item 300, Asphalts, Oils and Emulsions • AC-5 • RC250—Temperature must be no lower than 130' • CRS-2 —Temperature must be no lower than 150' and no higher than 180° • CRS-2P —Temperature must be no lower than 150° and no higher than 180° The request for a bid on a material does not guarantee that Calhoun County will purchase this material during the bid period. Calhoun County reserves the right to reject any or all bids and to accept the bid deemed most advantageous to Calhoun County. Calhoun County Commissioners have the right to reject at any time any material that is undesirable for either road or jobsite location. Materials shall meet or exceed "Texas Department of Transportation Current Standard Specifications for Construction and Maintenance of Highways Streets and Bridges". Pump and hoses are to be furnished by vendor at no extra charge or shall be included in the bid. All charges must be included in bid price or clearly stated on bid form. Additional charges listed separately, if any, will increase the amount of the bid. Demurrage charges stated separately from the bid price of the material will increase the amount of the bid price listed for the material. Delivery shall be FOB Destination to designated delivery site. Page 1 of 3 No other charges, including freight, may be added to the bid price when invoiced unless these Charges were noted on the bid form and awarded as such. Specifications are not being met if materials are not delivered at the required temperatures. Calhoun County is not responsible for errors if the bid forms are handwritten. It is recommended that all information submitted by the vendor on the bid forms be typed. Exceptions taken to the specifications and listed on the vendor's bid may void the bid. The award of a bid will be voided if specifications are not followed. The bid would then be awarded to the vendor which submitted the next lowest bid that met specifications. Calhoun County Commissioners have the right to stop hauling and or delivery of product or products at any time due to weather, road conditions or machinery breakdowns. No penalties or charges will be billed to Calhoun County if hauling and or delivery of product(s) is stopped due to weather, road conditions or machinery breakdowns. When required, all materials ordered will be delivered to the site designated and within 24 hours from time of order. In the event the vendor is unable to deliver the materials ordered within 24 hours from time of order, the County reserves the right to re -order the said material from the vendor which submitted the next lowest bid that met specifications and can deliver within 24 hours from time of order. All materials not conforming to the requirements of these specifications will be rejected and shall be removed immediately from the delivery site by the vendor and at the vendor's cost. Material description per bid specifications, awarded bid price per gallon and demurrage or other charge, if any were included in award, must appear on all invoices in order to be considered for payment. Calhoun County reserves the right to conduct random sampling of pre -qualified materials for testing and to perform random audits of test reports. County representatives may sample materials from the manufacturing plant, terminal, shipping container and any other source they deem necessary to insure reliability of the products. Regardless of results of any materials test required by the County, all costs incurred for such tests shall be paid for by the vendor. NO PERSON has the authority to verbally alter these specifications. Any changes to specifications will be made in writing (Addendum approved by Commissioners' Court) and sent to each person having a bid package. All disputes or protests will be held in Calhoun County, Texas. A completed Form 1295 must be returned with the bid. (See General Conditions, page 5, Certificate of Interested Parties — Form 1295.) Page 2 of 3 information to be returned by the time and date due: 1. Invitation To Bid Form 2. A Completed Form 1295 See General Conditions, page 5, Certificate of Interested Parties — Form 1295. ► On #3 on Form 1295 Put the Following: 2019.01-06 Asphalts, Oils & Emulsions 3. Vendor/Order Information Form * Please Do Not Fold any of the above information. * Bid information must be returned in a sealed 9 x 12 or larger envelope clearly marked: "Sealed Bid —Asphalts, Oils & Emulsions" * If you send your bids by UPS, FEDEX, etc., the outside of this envelope must be clearly marked: "Sealed Bid —Asphalts, Oils & Emulsions" Page 3 of 3 ) ;;, ;m ;/1. g |§Q !�!% \)� � | ( (° (° (` ( � ! 0 0 i A \ \ ( ( | �� ` > CL ƒ M. ( @ /\2 z ) 0 a 7 i o �2}{% r e 0m I ' ; ` \�"ocr § E § / i§ r) 2 2/§\cr [ /A k / �( VENDOR INFORMATION Please Type. If handwritten, must be in ink and legible Vendor Name: Address: Remittance Address: Telephone: Fax: Email: Signature of Authorized Representative: Printed name of Authorized Rep: ORDER — CONTACT INFORMATION Order Contact Name & Title: Order Contact Telephone: Order Contact Fax: Order Contact Email: Return this form with your bid. C R PECDY HALL CRISTINA P TUAZON 202 S ANN ST, STE B DEMI CABRERA CANDICE VILLARREAL PORT LAVACA, TEMS77979 ERICA PEREZ 1" ASSISTANT AUDITOR TELEPHONE (3611553.4610FAX 136115534614 ASSISTANT AUDITORS CALHOUN COUNTY, TEXAS CONTACT INFORMATION for COUNTY PRECINCTS COUNTY PRECINCTS Calhoun County Precinct 1 Commissioner David Hall 305 Henry Barber Way (by the County Fairgrounds) Port Lavaca, TX 77979 Office: 361-552-9242 Fax: 361-553-8734 Calhoun County Precinct 2 Commissioner Vern Lyssy 5812 FM 1090 (Six Mile) Port Lavaca, TX 77979 Office: 361-552-9656 Fax: 361-553-6664 Calhoun County Precinct 3 Commissioner Clyde Syma 24627 State Hwy 172 (Olivia) Port Lavaca, TX 77979 Office: 361-893-5346 Fax: 361-893-5309 Calhoun County Precinct 4-P Calhoun County Precinct 4-S Commissioner Kenneth Finster Commissioner Kenneth Finster Trevor St off of Hwy 185 104 E Dallas St Port O'Connor, TX 77982 PO Box 177 Use same numbers as Seadrift Seadrift, TX 77983 Office: 361-785-3141 Fax: 361-785-5602 ASPHALTS, OILS & EMULSIONS BID TABULATIONS FOR THE CURRENT BID PERIOD July 1, 2018 thru December 31, 2018 x m AM rn x' -0 n of 0m c� igz 0 M y gE aril !T1 xl �I T A •D 'U N 9 oco ccn > Z Z n Q 9 9 W W X O_ O W CO 2 O 0 -q 9 N N X 0m � om c Z n -v v 0p r 2 q O 0 �1 XI > 00 w a m y T 7 t�r C9 cn > toK) N w w > > O w w v m v i m Do v M C ' A •O -D N N cfO 0 > > 00 z z pw > > O OD w W W > > O 0 > > OD w x D v m 0 3: m m w v 01 -Oi W W N N 0 0 00 z z x x It C D v m 0 3: m m w 6 e II� S"c Q y D v m v ,i m m cu O 9 m 9 9 XUr m om i Or z �D D �0 p v > 2 0 D O Ei O N O O > > OD w y m m L 0 0 A c0 o O z z X om 0m z !�5. � �z n -o n n 0)i O > > O O > > W W f—� o ''I xl O O z Z X 0 0 W W �A 4&9 Mo O O ME x u! � om _t v m > -� z �o D 0 CCD v O 3 O O > > W OD PC 7 0 0 M 00 Y D Z Z XI' D ;um -�i o T z O� � -j z No D 0 U O Z OD O O Z �i 9 M 0 0 0 0 0 0 0 co N N .WP M G) G) O O Z Z x m 0 ara.' m m 0 0 N) N N m W C D mm v -a x m W v W 6 0 0 N N a coin G) G) O O Z Z m D om c > Z -oi D Oo O v rD 2 � O I C a s Calhoun County Commissioners' Court— November 07, 2018 15. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 15) To approve specifications and authorize the County Auditor to advertise for bids for Insecticides for Mosquito Control for the period beginning January 1, 2019 and ending December 31, 2019. Bids will be due Thursday, December 6, 2018 and considered for award on Wednesday, December 19, 2018. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vein Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 13 of 21 Agenda Item for Commissioners' Court — Wednesday, November 7, 2018 Consider and take necessary action to approve specifications and authorize the County Auditor to advertise for bids for Insecticides for Mosquito Control for the period beginning January 1, 2019 and ending December 31, 2019. Bids will be due Thursday, December 6, 2018 and considered for award on Wednesday, December 19, 2018. CALHOUN COUNTY, TEXAS 2019o0142 INSECTICIDES BID PERIOD: JANUARY 1, 2019 thru DECEMBER 31, 2019 C PEGGY HALL CRISTINAPTOAZON 202 S ANN ST, STE B DEMI CADRERA CANDICE VILLARREAL PORT LAVACA, TEMS 71979 ERICA PEREZ ls'ASSISTANTAUDITOR TELEPHONE 13611553.4610FAX 13611553-4614 ASSISTANT AUDITORS INVITATION TO BID INSECTICIDES FOR MOSQUITO CONTROL JANUARY 1, 2019 thru DECEMBER 31, 2019 Calhoun County Commissioners' Court is accepting sealed bids for the following: • Mineral Oil • 1.5 ULV • Malathion • Altosid 30 Day Briquets or Equivalent • 30-30 ULV • Altosid XR Extended Residual Briquets or Equivalent • 20-20 • Fourstar Sustained Release 45/90/180 Day • 4-4 ULV • 4-8 • Deltagard or Equivalent • ULV Mosquito Master 412 or Equivalent Microbial Briquets or Equivalent • Summit BTI Briquets or Equivalent • Sustain MBG Biological Larvicide or Equivalent BID PACKAGES: May be obtained at the Calhoun County Auditor's Office. Peggy Hall, Assistant Auditor Calhoun County Courthouse Annex II 202 S. Ann St., Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Email: peggy.hall@calhouncotx.org BIDS DUE: By 2:00 PM, Thursday, December 6, 2018 DELIVERY ADDRESS: Michael Pfeifer, County Judge Calhoun County Courthouse 211SAnn St 3rd Floor, Room 301 Port Lavaca TX 77979 The outside of the 9 x 12 or larger envelope must be clearly marked: SEALED BID— INSECTICIDES FOR MOSQUITO CONTROL BID OPENING: Public bid opening will be conducted in the County Judge's Office, Calhoun County Courthouse, 3rd Floor, Room 301, Port Lavaca, Texas CONTENTS Return Instructions General Conditions Specifications for Insecticides for Mosquito Control Invitation to Bid Forms (Page 1, 2, 3, & 4) Vendor and Order Information Form Contact Information for County Precincts Current Bid Tabulations - January 1, 2018 thru December 31, 2018 PEGGY HALL CRISTINA P TOUGH 202 S ANN ST, STE R DEMI CARRERA CANDICEVILLARREAL PORT LAYACA,TEXAS 77979 ERICA PEREZ 15TASSISTANTAUDITOR TELEPHONE 13611553.4610FAX 136115534614 ASSISTANT AUDITORS RETURN INSTRUCTIONS For Submitting a Bid for 2019.01-12 Insecticides for Mosquito Control Return the following by 2:00 PM, THURSDAY, DECEMBER 6, 2018: This information must be returned by the time and date due. Failure to return the following information will void the bid. 1. Invitation to Bid Form (Page 1, 2, 3, & 4) 2. Material Information & Safety Data Sheet for each insecticide one (1) complete copy for each insecticide bidding on must be included with your bid. Failure to include this information may disqualify the bid. 3. Form 1295 (see General Conditions, page 5) * On #3 on Form 1295 put the following: 2018.01-12 Insecticides for Mosquito Control 4. Vendor/Order Information Form * Do Not Fold * Bid information must be returned in a sealed 9 x 12 or larger envelope clearly marked: "Sealed Bid — Insecticides for Mosquito Control" * If you send your bids by UPS, FEDEX, etc, the outside of this envelope must be clearly marked: "Sealed Bid — Insecticides for Mosquito Control" CALHOUN COUNTY, TEXAS GENERAL CONDITIONS Read all documents carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. General Conditions apply to all advertised bids, proposals or contracts; however these may be superseded in whole or in part by the scope, special requirements, specifications or special sections of Texas Government Code and/or Texas Local Government Code. Governing Law: Bidder is advised that the Invitation to Bid, Request for Proposal or Contract shall be fully governed by the laws of the State of Texas and that Calhoun County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of the Invitation to Bid, Request for Proposal or Contract. All parties agree that the venue for any litigation arising from this Invitation to Bid, Request for Proposal and/or Contract shall be held in Port Lavaca, Calhoun County, Texas. Bid, Proposal and/or Contract Form Completion: Once a bid, proposal and/or contract is released for bidding, Calhoun County will not answer any questions except through an addendum that has been approved by Commissioners' Court or at a mandatory pre -bid meeting. Fill out, sign, and return to the Calhoun County Judge's Office the required number of bid forms, proposal forms, and/or contracts, and any other required information by the day and time the bid, proposal and/or contract is due. The bid, proposal and/or contract must be signed and dated by an officer (or employee) who is duly authorized to execute this bid, proposal and/or contract, and that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other vendor, and that the contents of this bid, proposal and/or contract as to prices, terms or conditions of said bid have not been communicated by the individual signing nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid, proposal and/or contract. The use of liquid paper or white out is not acceptable and may result in the disqualification of the bid, proposal and/or contract. If an error is made, the vendor must draw a line through the error and initial each change. All responses typed or handwritten must be clear and legible. Bid. Proposal and/or Contract Return: On or before the due date and time, the vendor must return all completed bids, proposals and/or contracts and required information and copies to the Calhoun County Judge's Office, 211 S. Ann St., 3'd Floor, Suite 301, Port Lavaca, Texas. The clock in the County Judge's office is the official clock that will be used in determining the time the bid, proposal and/or contract is received and the time the bid, proposal and/or contract will be opened. A late delivery with an early postmark will not suffice. Calhoun Page 1 of 9 County will not be responsible for the delivery of your bid, proposal and/or contract to the office of the County Judge. Calhoun County is not responsible for late deliveries due to mail, carrier, etc. Calhoun County does not accept faxed or emailed bids, proposals and/or contracts. If you would like to confirm the delivery of your bid, proposal and/or contract, you may call the County Judge's office at 361-553-4600. Late bids, proposals and/or contracts will not be accepted. All late bids, proposals and/or contracts will be returned unopened to the bidder. Bid, proposal and/or contract must be submitted in a sealed 9 x 12 or larger envelope, addressed as follows: Michael Pfeifer, Calhoun County Judge, 211 S. Ann St., 3`d Floor, Suite 301, Port Lavaca, TX 77979. The outside of the envelope must be clearly marked: SEALED BID (PROPOSAL) and the name of the bid or proposal must also be clearly stated. Withdrawal of BID, Proposal and/or Contract: A vendor may withdraw their bid, proposal and/or contract before County acceptance of the bid, proposal and/or contract without prejudice to the vendor, by submitting a written request for its withdrawal to the County Judge and mail or hand deliver to the address the bid, proposal and/or contract was submitted to. A bid, proposal and/or contract that were opened are not subject to amendment, alteration, or change for the purpose of correcting an error in the bid, proposal and/or contract price. Bids, proposals and/or contracts containing an error may be offered "as is" or withdrawn by the vendor in accordance with applicable State Laws. Bid, Proposal and/or Contract Opening and Award: Vendors are invited to be present at the opening and awarding of the bid, proposal and/or contract. Governing Forms: In the event of any conflict between the terms and provisions of these conditions and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Calhoun County's interpretation shall govern. Addendums: When specifications are revised, the Calhoun County Auditor's Office will send each vendor that received a bid, proposal and/or contract package the addendum once it has been approved by Commissioners' Court. No addendum can be sent out until the Commissioners' Court has approved the addendum. Hold Harmless Agreement: Successful vendor shall defend, indemnify and hold Calhoun County and its officers, agents, and employees harmless from all suits, actions, or for personal injury, death and/or property damage arising from any cause whatsoever, resulting directly or indirectly from vendor's performance. Vendor shall procure and maintain, with respect to the subject matter of this bid, proposal and/or contract, appropriate insurance coverage including, as a minimum, general liability and property damage, workers' compensation, employers liability and auto insurance Page 2 of 9 with adequate limits to cover vendor's liability as may arise directly or indirectly from work performed under terms of this bid, proposal and/or contract. Certification of such coverage must name Calhoun County as an additional insured and be provided to the County upon request. Waiver of Subrogation: Vendor and vendor's insurance carrier waive any and all rights whatsoever with regard to subrogation against Calhoun County as an indirect party to any suit arising out of personal or property damages resulting from vendor's performance under this agreement. Bonds: If this bid or proposal requires submission of bid or proposal guarantee and performance bond, there will be a separate page explaining those requirements. Bids or proposals submitted without the required bid bond or cashier's checks are not acceptable. Taxes: Calhoun County is exempt from all federal excise taxes and sales tax (state, city and county sales tax). Tax exempt forms will be furnished upon request to the Calhoun County Auditor's Office. Pricing: Prices for all goods and/or services shall be firm for the duration of this bid, proposal and/or contract and shall be stated on the bid sheet, proposal and/or contract. Prices shall be all inclusive. All prices must be written in ink or typewritten. Pricing on all transportation, freight, and other charges are to be prepaid by the vendor and included in the bid, proposal and/or contract prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, vendor must indicate the items required and their costs or forfeit the right to payment for such items. Inspections• Calhoun County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department before accepting them. Testing: Calhoun County reserves the right to test equipment, supplies, materials and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection. Awards• Calhoun County reserves the right to award this bid, proposal and/or contract on the basis of lowest and best bid, proposal and/or contract that met specifications in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one vendor, to reject any or all bids, proposals and/or contracts and to be the sole judge in determining which bid, proposal and/or contract will be most advantageous to Calhoun County. An award is final only upon formal execution by the Calhoun County Commissioners' Court. Page 3 of 9 In the event of tie bids, proposal and/or contracts, the winning bid, proposal and/or contract is determined per the Texas Local Governmental Code 262.027(b). Calhoun County, Texas is an Equal Employment Opportunity Employer. The County does not discriminate on the basis of race, color, nation origin, sex, religion, age or handicapped status in employment or the provision of services. Assignment: The successful vendor may not assign, sell or otherwise transfer this bid, proposal and/or contract without written permission of Calhoun County Commissioners' Court. Term of Bids, Proposals and/or Contracts: If the bid, proposal and/or contract are intended to cover a specific time period, said time will be given in the specifications and/or instructions. Bid, Proposal and/or Contract Obligation: Calhoun County Commissioners' Court must award the bid, proposal and/or contract. If a contract is required, the County Judge or other person authorized by Commissioners' Court must sign the contract before it becomes binding on Calhoun County. Delivery: All items shall be shipped F.O.B. inside (or site location) delivery unless otherwise stated in the specifications. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the County to purchase supplies from the next lowest bidder that met specifications. Resections: Articles not in accordance with samples and specifications must be removed by the vendor at the vendor's expense. All disputes concerning quality of supplies, products, and/or services delivered under this bid, proposal and/or contract will be determined by Commissioners' Court or their designated representative. Termination: Calhoun County reserves the right to terminate the bid, proposal and/or contract for default if the vendor breaches any of the terms therein, including warranties of vendor or if the vendor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Calhoun County's satisfaction and/or to meet all other obligations and requirements. Bids, proposals and/or contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified. The vendor or Calhoun County must state therein the reasons for such cancellation. Calhoun County reserves the right to award cancelled bid, proposal and/or contract to the next lowest and best vendor that met specifications and is deemed to be in the interest of the County. Page 4 of 9 Delinquent Property Taxes: Calhoun County reserves the right to reject any bid, proposal and/or contract submitted by a vendor owing delinquent property taxes to Calhoun County, Texas. Certificate of Interested Parties — Form 1295 Section 2252.908 was added to the Government Code by the 84`h Texas Legislature through adoption of House Bill 1295. Senate Bill 255 adopted by the 852h Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal: https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The law states that a County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) has been completed and provided to the County at the time the contract is considered for action by Commissioners' Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract (bids and/or proposals also require Form 1295). The law does not apply to a contract, bid and/or proposal between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within thirty (30) days of approving a contract with a business entity. Governmental transparency is the objective of the law. A business entity will generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. An authorized agent of the business entity must sign the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct. Calhoun County Commissioners' Court will not consider for action any bid, proposal and/or contract with a business entity unless it is accompanied by a completed, signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. No later than thirty (30) days after Calhoun County Commissioners' Court approves a contract or awards a bid or proposal with a business entity, the County Clerk will file acknowledgement Page 5 of 9 of receipt of the Form 1295 with the Texas Ethics Commission. The Texas Ethics Commission will post the completed Form 1295 to its website within seven (7) business days after Calhoun County acknowledges receipt of the form. Debarment: Vendor certifies that at the time of submission of its bid, proposal and/or contract, vendor was not on the federal government's list of suspended, ineligible or debarred vendors and that vendor has not been placed on this list between the time of its bid, proposal and/or contract submission and the time of execution of the bid, proposal and/or contract. If vendor is placed on this list during the term of the bid, proposal and/or contract, the vendor shall notify the Calhoun County Auditor. False certification or failure to notify may result in termination of the bid, proposal and/or contract for default. Invoices and Payments: All invoices are subject to approval by the County Auditor's Office. Invoices shall be itemized and free of federal excise taxes and sales tax (state, city and county sales tax). Payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the County Treasurer's Office by the deadline time and date set forth by the Treasurer's office. No payment can be made or mailed out until approved by Commissioners' Court. Purchase order due dates/times and Commissioners' Court dates/times are subject to change. Calhoun County's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render the order null and void to the extent funds are not available and any delivered but unpaid goods will be returned to the seller by the county. Gratuities: Calhoun County may, by written notice to the vendor, cancel any order and/or service without liability, if it is determined by the County that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the vendor, or any agent or representative of the vendor to any officer or employee of Calhoun County with a view toward securing an order and/or service. In the event an order and/or service is canceled by the County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by vendor in providing such gratuities. Warranty Product: Vendor shall not limit or exclude any implied warranties and any attempt to do so shall render an order voidable at the option of the County. Vendor warrants that the goods and/or services furnished will conform to the specifications, drawings, and description listed in the bid invitation, proposal and/or contract and to the sample(s) furnished by vendor if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. Page 6 of 9 Cancellation: Calhoun County shall have the right to cancel for default all or any part of the undelivered portion of an order and/or services if vendor breaches any of the terms hereof including warranties of vendor, or if the vendor becomes insolvent or files for protection under the bankruptcy laws. Such rights of cancellation are in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Force Maieure: Force Majeure means a delay encountered by a party in the performance of its obligations under this Agreement, which is caused by an event beyond the reasonable control of that party. Without limiting the generality of the foregoing, "Force Majeure" shall include but not be restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. In the event of a Force Majeure, the affected party shall not be deemed to have violated its obligations under this Agreement, and the time for performance of any obligations of that party shall be extended by a period of time necessary to overcome the effects of the Force Majeure, provided that the foregoing shall not prevent this Agreement from terminating in accordance with the termination provisions. If any event constituting a Force Majeure occurs, the affected party shall notify the other parties in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. Waiver: No claim or right arising out of a breach of any bid, proposal and/or contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Applicable Law: This agreement shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas and in effective on the date of bid, proposal and/or contract. Prohibition against Personal Interest in Bids, Proposals and/or Contracts: No officer or employee of the County shall have financial interest, direct or indirect, in any bid, proposal and/or contract with the County, or shall be financially interested, directly or indirectly, in the sale to the County of any land, materials, supplies, or service, except on behalf of the County as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall be subject to disciplinary action under applicable laws, statutes and codes of the State of Texas. Any violation of this section, with the knowledge, expressed or implied of the person or corporation contracting with the County shall render the bid, proposal and/or contract involved voidable by the Calhoun County Commissioners' Court. Insurance: Before commencing work, the successful vendor shall be required, at his own expense, to furnish the Calhoun County Auditor within ten (10) days of notification of award with a Page 7 of 9 certificate of insurance showing the following insurance coverage to be in force throughout the term of the bid, proposal and/or contract: General Liability ($100,000/$300,000 or greater) Workers' Compensation (at Statutory Limits) Employers Liability ($1,000,000 or greater) Auto Insurance ($100,000 BIPP/$300,000 BIPO/$100,000 PD or greater) The certificate must reflect that Calhoun County is an additional insured on the General Liability coverage. Each insurance policy to be furnished by successful vendor shall include, by endorsement to the policy, a statement that a notice shall be given to the Calhoun County Auditor by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. OSHA Requirements: The vendor or contractor hereby guarantees to Calhoun County, Texas that all materials, supplies, equipment or services listed on the bid, proposal and/or contract, purchase order or invoice meets the requirements, specifications and standards as provided for under the Federal Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. Protest Procedures: All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. Any actual or prospective vendor who believes they are aggrieved in connection with or pertaining to a bid, proposal and/or contract may file a protest. The protest must be delivered in writing to the Calhoun County Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: Name, mailing address and business phone number of the protesting party; Appropriate identification of the bid, proposal and/or contract being protested; A precise statement of the reasons for the protest; and Any documentation or other evidence supporting the protest and any alleged claims. The County Auditor's Office will attempt to resolve the protest, including at the County Auditor's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Commissioners' Court. If the County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review such documentation and information. If additional information is required, Commissioners' Court will notify the protesting party to provide such information. The decision of Commissioners' Court will be final Page 8 of 9 Public Information Act: All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. CALHOUN COUNTY AUDITOR To request information from Calhoun County, please contact: Cindy Mueller Calhoun County Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: cindy.mueller@calhouncotx.org To request a bid/proposal package: Peggy Hall Assistant Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Email: Peggy.halI@calhouncotx.org Page 9 of 9 SPECIFICATIONS FOR INSECTICIDES FOR MOSQUITO CONTROL 1. The County of Calhoun is requesting sealed bids for Insecticides for Mosquito Control as needed by the following Road and Bridge Precincts: Precinct #1, Fairgrounds Area — Precinct Barn or Jobsites Precinct #2, Six Mile Area — Precinct Barn or Jobsites Precinct #3, Olivia Area — Precinct Barn or Jobsites Precinct #4-P, Port O'Connor Area — Precinct Barn or Jobsites Precinct #4-S, Seadrift Area — Precinct Barn or Jobsites 2. The bid shall be in effect for a period of TWELVE (12) Months beginning January 1, 2019 and ending December 31, 2019. 3. Bid Items: • Mineral Oil • Malathion Active Ingredients: Malathion 96.5%; Other 3.5% • 30-30 ULV Active Ingredients: Permethrin 30%; Piperonyl Butoxide 30%; Other 40% • 20-20 Active Ingredients: Permethrin 20.6%; Piperonyl Butoxide 20.6%; Other 58.8% • 4-4 ULV Active Ingredients: Permethrin 4%; Piperonyl Butoxide 4%; Other 92% • 4-8 Active Ingredients: Permethrin 3.98%; Piperonyl Butoxide 8.48%; Other 87.54% • Deltagard or Equivalent Deltamethrin 2%; Other 98% • ULV Mosquito Master 412 or Equivalent Chlorpyrifos 12%; Permethrin 4%; Other 84% • 1.5 ULV Chlorpyrifos 19.36%; Other 80.64% • Altosid 30 Day Briquets or Equivalent (S) Methoprene 8.62%; Other 91.38% • Altosid XR Extended Residual Briquets or Equivalent (S) Methoprene 2.1 %; Other 97.9% • Fourstar Sustained Release 45/90/180 Day Microbial Briquets or Equivalent Bacillus sphaericus 6%; Bacillus thuringiensis subspecies israelensisl %; Other 93% • Summit BTI Briquets or Equivalent Bacillus thuringiensis subspecies israelensis serotype H-14 10.31 %; Other 89.69% • Sustain MEG Biological Larvicide or Equivalent Bacillus thuringiensis subspecies iraelensis serotype H-14 5.71 %; Other 94.29% Page 1 of 2 4. One (1) copy of the Material Information & Safety Data Sheet listing the active ingredients and safety instructions MUST be included for each insecticide. (Example: Bids turned in for Mineral Oil and Malathion —you would Return the Original of the Invitation To Bid Form AND 1 copy of the Material Information & Safety Data Sheet for Mineral Oil AND 1 copy of the Material Information & Safety Data Sheet for Malathion) 5. Calhoun County reserves the right to conduct random sampling of pre -qualified materials for testing and to perform random audits of test reports. County representatives may sample material from the manufacturing plant, terminal, shipping container and any other source they deem necessary to insure reliability of the products. Regardless of results of any materials test required by Calhoun County, all costs incurred for such tests shall be paid for by the bidder. 6. Delivery shall be FOB Destination to Jobsite. All charges must be included in bid price. No other charges may be added to the bid price when invoiced unless noted as an exception on the bid form. Exceptions may disqualify the bid. 7. NO PERSON has the authority to verbally alter these specifications. Any changes to Specifications will be made in writing (Addendum approved by Commissioners' Court) and sent to each person having a bid package. 8. All disputes or protests will be held in Calhoun County, Texas. 9. A completed Form 1295 must be returned with the bid. (See General Conditions, page 5, Certificate of Interested Parties — Form 1295.) 10. Information to be returned by the time and date due: 1. Invitation To Bid Form (Pages 1, 2, 3 & 4) 2. A Completed Form 1295 See General Conditions, page 5, Certificate of Interested Parties — Form 1295. ► On #3 on Form 1295 Put the Following: 2019.01-12 Insecticides for Mosquito Control 3. One (1) Copy of the Material Information & Safety Data Sheet for each insecticide bid on 4. Vendor/Order Information Form * Please Do Not Fold any of the above information. * Bid information must be returned in a sealed 9 x 12 or larger envelope clearly marked: "Sealed Bid — Insecticides for Mosquito Control" * If you send your bids by UPS, FEDEX, etc., the outside of this envelope must be clearly marked: "Sealed Bid —Insecticides for Mosquito Control" Page 2 of 2 CALHOUN COUNTY, TEXAS -INSECTICIDES FOR MOSQUITO CONTROL INVITATION TO BID JANUARY 1, 2019 thru DECEMBER 31, 2019 Vendor ► BID FORM MUST BE TYPED -- PLEASE TYPE ► 1 Copy of the Material Information & Safety Data Sheets for each item bid on Must Be Returned with this Bid Form Mineral Oil Price Per Unit/Gallon 50 Gallon Drum /per SO Gallon Drum ( per Gallon) 55 Gallon Drum /per 55 Gallon Drum ( per Gallon) 275 Gallon Tote /per 275 Gallon Tote ( per Gallon) Malathion Active Ingredients: Malathion 96.5%; Other 3.5% Price Per Unit/Gallon 55 Gallon Drum 4 or more 55 Gallon Drums 260 Gallon Tote 4 or more 260 Gallon Totes /per 55 Gallon Drum /per 55 Gallon Drum /per 260 Gallon Tote /per 260 Gallon Tote 30-30 ULV Active Ingredients: Permethrin 30%; Piperonyl Butoxide 30%; Other 40% Price Per Unit/Gallon ( per Gallon) ( per Gallon) ( per Gallon) ( per Gallon) 2 x 2.5 Gallon Case /per Case - 2 x 2.5 Gallon 5 Gallon Pail /per 5 Gallon Pail 30 Gallon Drum /per 30 Gallon Drum 55 Gallon Drum /per 55 Gallon Drum 275 Gallon Tote /per 275 Gallon Tote ( per Gallon) ( per Gallon) ( per Gallon) ( per Gallon) ( per Gallon) Page 1 of 4 CALHOUN COUNTY, TEXAS -INSECTICIDES FOR MOSQUITO CONTROL INVITATION TO BID 1ANUARY 1, 2019 thru DECEMBER 31, 2019 ► BID FORM MUST BE TYPED -- PLEASE TYPE ► 1 Copy of the Material Information & Safety Data Sheets for each item bid on Must Be Returned with this Bid Form 20-20 List Insecticide Name Active Ingredients: Permethrin 20.6%; Piperonyl Butoxide 20.6%; Other 58.8% Price Per Unit/Gallon 2 x 2.5 Gallon Case /per Case - 2x2.5 Gallon ( per Gallon) 4-4 U LV List Insecticide Name Active Ingredients: Permethrin 4%; Piperonyl Butoxide 4%; Other 92% Price Per Unit/Gallon 2 x 2.5 Gallon Case /per Case - 2 x 2.5 Gallon ( per Gallon) 30 Gallon Drum /per 30 Gallon Drum ( per Gallon) 55 Gallon Drum /per 55 Gallon Drum ( per Gallon) 275 Gallon Tote /per 275 Gallon Tote ( per Gallon) 4-8 «- List Insecticide Name Active Ingredients: Permethrin 3.98%; Piperonyl Butoxide 8.48%; Other 87.54% Price Per Unit/Gallon 2 x 2.5 Gallon Case /per 2 x 2.5 Gallon Case ( per Gallon) 5 Gallon Pail /per 5 Gallon Pail ( per Gallon) 30 Gallon Tote /per 30 Gallon Tote ( per Gallon) 55 Gallon Drum /per 55 Gallon Drum ( per Gallon) 275 Gallon Tote /per 275 Gallon Tote ( per Gallon) Deltagard OR Equivalent F List Insecticide Equivalent Price Per Unit/Gallon 2 x 2.5 Gallon Case /per Case - 2 x 2.5 Gallons ( per Gallon) 30 Gallon Drum /per 30 Gallon Drum ( per Gallon) 250 Gallon Tote /per 250 Gallon Tote ( per Gallon) ULV Mosquito Master 412 OR , List Insecticide Equivalent Price Per Unit/Gallon 55 Gallon Drum /per 55 Gallon Drum ( per Gallon) Page 2 of 4 CALHOUN COUNTY, TEXAS -INSECTICIDES FOR MOSQUITO CONTROL INVITATION TO BID JANUARY 1, 2019 thru DECEMBER 31, 2019 ► BID FORM MUST BE TYPED -- PLEASE TYPE ► 1 Copy of the Material Information & Safety Data Sheets for each item bid on Must Be Returned with this Bid Form 1.5 ULV List Insecticide Name Active Ingredients: Chlorpyrifos 19.36%; Other 80.64% Price Per Unit/Gallon 2 x 2.5 Gallon Case /per Case - 2 x 2.5 Gallons ( per Gallon) 30 Gallon Drum /per 30 Gallon Drum ( per Gallon) 55 Gallon Drum /per 55 Gallon Drum ( per Gallon) Altosid 30 Day Briquets OR Equivalent List Insecticide Name Active Ingredients: (S) Methoprene 8.62%; Other 91.38% Price Per Case 400 Per Case /per case Altosid XR Extended Residual Briquets OR Equivalent List Insecticide Name Active Ingredients: (S) Methoprene 2.1%; Other 97.9% Price Per Case 220 Per Case /per case Fourstar Sustained Release 45/90/180 Day Microbial Briquets OR Equivalent List Insecticide Name Price Per Case 45 Day ----- 200 Per Case /per case 90 Day ----- 200 Per Case /per case 180 Day-----200 Per Case /per case Summit BTI Briquets OR Equivalent Price Per Case serotype 100 Per Case /percase � List Insecticide Name Page 3 of 4 CALHOUN COUNTY, TEXAS -INSECTICIDES FOR MOSQUITO CONTROL INVITATION TO BID JANUARY 1, 2019 thru DECEMBER 31, 2019 ► BID FORM MUST BE TYPED -- PLEASE TYPE ► 1 Copy of the Material Information & Safety Data Sheets for each item bid on Must Be Returned with this Bid Form Sustain MEG Biological Larvicide OR Equivalent � List Insecticide Name Price Per Bag 40 lb Bag /per bag ► A request for a bid item does not guarantee that the bid item will be ordered by Calhoun County during the bid period. ► All charges must be included in bid price. ► No other charges may be added to the bid price when invoiced unless noted as an exception on the bid form. Exceptions may disqualify the bid. LIST ANY EXCEPTIONS TO THE GIVEN BID SPECIFICATIONS: The undersigned affirms that they are duly authorized to execute this bid and that this company, corporation, firm, partnership, or individual has read the entire Invitation to Bid package and fully understands and has followed all specifications and general conditions. Company Name: Address: Authorized Signature & Title: Type Name & Title of Authorized Signature: Date of Bid: Remember to include with your bid: Form 1295 (see page 5 of the General Conditions) 1 Copy of the Material Information & Safety Data Sheet for each item bid on Vendor/Order Information Form Page 4 of 4 VENDOR INFORMATION Please Type. if handwritten, must be in ink and legible Vendor Name: Address: Remittance Address: Telephone: Fax: Email: _ Signature of Authorized Representative: Printed name of Authorized Rep: ORDER — CONTACT INFORMATION Order Contact Name & Title: Order Contact Telephone: Order Contact Fax: Order Contact Email: Return this form with your bid. CIN PEGGY HALL CRISTINA P TOUGH 202 S ANH ST. STE B UEMI CABRERA CAHRICE VILLARREAL PORT LAVACA, TEXAS 71979 ERICA PEREZ 111 ASSISTANT AUDITOR TELEPHONE (3611553-4610FAX(3611553-4614 ASSISTANT AUDITORS CALHOUN COUNTY, TEXAS CONTACT INFORMATION COUNTY PRECINCTS Calhoun County Precinct 1 Commissioner David Hall 305 Henry Barber Way (by the County Fairgrounds) Port Lavaca, TX 77979 Office: 361-552-9242 Fax: 361-553-8734 Calhoun County Precinct 2 Commissioner Vern Lyssy 5812 FM 1090 (Six Mile) Port Lavaca, TX 77979 Office: 361-552-9656 Fax: 361-553-6664 Calhoun County Precinct 3 Commissioner Clyde Syma 24627 State Hwy 172 (Olivia) Port Lavaca, TX 77979 Office: 361-893-5346 Fax: 361-893-5309 Calhoun County Precinct 4-P Commissioner Kenneth Finster Trevor St off of Hwy 185 Port O'Connor, TX 77982 Use same numbers as Seadrift Calhoun County Precinct 4-S Commissioner Kenneth Finster 104 E Dallas St PO Box 177 Seadrift, TX 77983 Office: 361-785-3141 Fax: 361-785-5602 INSECTICIDES BID TABULATIONS FOR THE January 1, 2018 thru December 31, 2018 o G r < o O 2 W 0 m 3 .c a 0 0 N. N N N N ry it. V i< K N N N W W .'. % mfJ.N N N N N vi W o IV. vi N. O N in in vi VI O O' w n Of o C,w VI W nn C y n n n n �n n C)w C) C) w n w n w_n w n w a w EL w. w w o w o o 0 0 o$ o $ o 3 o: o.. o ° 0 G 5 0°°:: Ir 0: c o 'n 0 2: 2 a o 'c 2 'L� 0 3 2 c'..c'. w•m: �33 m m': &3a•m �° m w 3 m 3 3:. m^.3 m m -V w G$ o t,. F, N ,art in oa in 5 D {j� O N N A tJ W O 3 O L O V� YI 0 0 0 O Z 4;Oi O N tNf� L•DO D m W wiO co In f0 �' �Oi YV1I ! n G m V :V O O V G �"' wED ? �+ to 3 N Z m R mm d o AO 30 o z z » 1 � O N 0 0 » Li 0 Z '= 0 Z 0 Z 0 Z 0 y� w 3 0 0 3 3 GCi C a ri ri n o: 0: m a m s n n m H O 9 a 1D a m m m Z 0 Op d� A 0 r m o: D 1g� V O 1p w o V In C o o`o. m $.o._ o 0 00, m 1n W:o o�',�0oo.. oo i? 0 0 0 0 0 0 Tn N :N Ci w Sn in v' w' �i w o 0 0 o Gf o 0 oz m � O C Vt ;n N w..� m N 0 O O O O z O p O '3 mm N w. in z to z N 2 m n N p Z Z Z Z Z Z .Y} N » » 0 » » z G e° yGy w m m m w nm nv nv i p c. m » n9 D 0 TG �G G �G N C G n ry m m ¢ 3 m 1 0 O ® At �° tp Q. n O ® r.. (Q z N- Z '.( � y � C Pf9 ,n /Oyu � ® /q� W CL Q m ® - n° ; u ; - (Q ® 1 N�3•m m i � � I no, 3 'o '• '" I I a' � � _o•• � I m OR m i M L----' - -- m� ?a M� W CL N 9 N 0 N m 3 {g go <s pn s�in m 3 a 'Fn a o a 2L E A '.o z ?PC .v :z z z w ��nn ��nn ..A mom a m g G_nOnl � PC C O. G yyO q W 0 � G pG �• F N O Ef � N n X C W. N Z I I E W W N u O o q N 'O OW n 0 £ 3 > 3 n 3 at e a y d CT W� O'P i EP N i^ :� D aN T 11 A W �i N ei a '9 N S PO N �. A w u? O O O O 3 G W W W W �' .44 O �y G c 3 g s a ri m 9 dEP {'1 W o 0 o x no oa y� na o.a na 9m Z 21 n z o Z T Z » z o N a 3 3 m m W Y m m m °pi m W m W O C a n a C a a A 9 v a Z p m G a R a G a p a R a R 00 z 0 r n 0 y n c L V O O O O O p O O O O q 9 D Od9 10 d NN A O N O �? C O -1 W o O 3 '3 9 io o Nov e N z z 2 o 3 0 0 0 g » 3 0 0 0 0 0 0 o j W W W m m W W U W n m c m a D � G °c R N -n O <D . O 1 `O l C 00 , ^ iI r�\ 1�11� m c� v 1 n m W � m w /gip V• N O a 00 9 N O N Calhoun County Commissioners' Court— November 07, 2014 16. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 16) To release the bond on the Airport Manager Contract which was required for the first year of the contract. (VL) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: Kenneth Finster, Commissioner Pet 4 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 14 of 21 Vern Lyssy 1�2 Calhoun County Commissioner, Precinct #2 5812 FM 1090 Port Lavaca, TX 77979 November 1, 2018 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: (361) 552-9656 Fax (361) 553-6664 Please place the following item on the Commissioners' Court Agenda for November 7, 2018 • Discuss and take necessary action on the Airport Manager Contract to release the bond necessary for the first year. Sinccerly, Vern Lyssy VL/Ij Calhoun County CorTimissioners' Court — November 07, 2018 17. ACCEPT REPORTS OF THE FOLLOWING COUNTY OFFICES: (AGENDA ITEM NO. 17) L Calhoun Tax Assessor/Collector ii. County Treasurer iii. County Sheriff iv. District Clerk v. County Clerk vi. Justices of Peace - #1 Oct 2018; #2 Oct 2018 vii. County Auditor viii. Floodplain Administration — Oct 2018 ix. Extension Service x. Adult Detention Center SHP Medical RESULT: APPROVED [UNANIMOUS] MOVER: Judge Pfeifer, County Judge SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 15 of 21 0.00 0.00 1,662.18 169.85 0.00 2.90 0.90 OM 0.00 15.00 244.23 0.00 5.00 0.00 82.27 0.50 145.62 2.00. 162.20 158.93 0.00 0.00 0.00 92.00 0.00 41.01 0.00 755.40 0.00 168.52 75.49' 206.80 75.45 518.39 904.60 0.81 386.50' 0.00 240.00 `. '.0.00 0.00 0.00 48.00 255.35 375.00' 7f0.00. 80.00 0.00 20.00' 0,00' 0.00r 0.00 4,368.30 0.00 10.00 0.00 0.00 0.00 0,00; ''. 0.00. 235.00 TOTAL PAGE OF HILL COUNTRY SOFTWARE MO. REPORT TOTAL PAGE OF HILL COUNTRY SOFTWARE MO. REPORT INCLUDE D.R. REQUESTING INCLUDE D.R. REQUESTING INCLUDE D.R. REQUESTING INCLUDE D.R. REQUESTING INCLUDE D.R. REQUESTING Receipts MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 11/112018 COURT NAME: JUSTICE OF PEACE NO. 1 MONTH OF REPORT: OCTOBER YEAR OF REPORT: 2018 ACCOUNTNUMBER ACCOUNTNAME AMOUNT CR 1000-001-45011 FINES 4,405.05 CR 1000-001-44190 SHERIFF'S FEES 650.13 ADMINISTRATIVE FEES: DEFENSIVE DRIVING 8.81 CHILD SAFETY 0.00 TRAFFIC 75.49 ADMINISTRATIVE FEES 406.50 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 CR 1000-001-44361 TOTAL ADMINISTRATIVE FEES 490.80 CR 1000-001-44010 CONSTABLE FEES -SERVICE 375.00 CR 1000-001-44061 JP FILING FEES 240.00 CR 1000-001-44090 COPIES / CERTIFIED COPIES 0.00 CR 1000-001-49110 OVERPAYMENTS (LESS THAN $10) 0.00 CR 1000-001-44145 SCHOOL CROSSING/CHILD SAFETY FEE 0.00 CR 1000-999-20741 DUE TO STATE -DRIVING EXAM FEE 0.00 CR 1000-999-20744 DUE TO STATE-SEATBELT FINES 0.00 CR 1000-999-20745 DUE TO STATE -CHILD SEATBELT FEE 0.00 CR 1000-999-20746 DUE TO STATE -OVERWEIGHT FINES 0.00 CR 1000-999-20770 DUE TO JP COLLECTIONS ATTORNEY 904.60 TOTAL FINES, ADMIN. FEES & DUE TO STATE $7,065.58 CR 2670-001-44061 COURTHOUSE SECURITY FUND $127.39 CR 2720-001-44061 JUSTICE COURT SECURITY FUND $42.46 CR 2719-001-44061 JUSTICE COURT TECHNOLOGY FUND $168.52 CR 2699-001-44061 JUVENILE CASE MANAGER FUND $145.62 STATE ARREST FEES DPS FEES 68.20 P&W FEES 0.00 TABC FEES 0.00 CR 7020-999-20740 TOTAL STATE ARREST FEES 68.20 CR 7070-999-20610 CCC-GENERAL FUND 177.72 CR 7070-999-20740 CCC-STATE 1,599.46 DR 7070-999-10010 1,777.18 CR 7860-999-20610 STF/SUBC-GENERAL FUND 37.77 CR 7860-999-20740 STF/SUBC-STATE 717.63 DR 7860-999-10010 755.40 CR 7950-999-20610 TP-GENERAL FUND 143.40 CR 7950-999-20740 TP-STATE 143.40 DR 7950-999-10010 286.80 CR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 2.40 CR 7480-999-20740 CIVIL INDIGENT LEGAL -STATE 45.60 DR 7480-999-10010 48.00 Page 1 of 2 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 11/1/2018 COURT NAME: JUSTICE OF PEACE NO. 1 MONTH OF REPORT: OCTOBER YEAR OF REPORT: 2018 CR 7865-999-20610 CRIM-SUPP OF IND LEG SVCS-GEN FUND 8.23 CR 7865-999-20740 CRIM-SUPP OF IND LEG SVCS-STATE 74.04 DR 7865-999-10010 82.27 CR 7970-999-20610 TUFTA-GENERAL FUND 81.41 CR 7970-999-20740 TUFTA-STATE 162.82 DR 7970-999-10010 244.23 CR 7505-999-20610 JPAY - GENERAL FUND 25.54 CR 7505-999-20740 JPAY - STATE 229.81 DR 7505-999-10010 255.35 CR 7857-999-20610 JURY REIMB. FUND-GEN. FUND 16.22 CR 7857-999-20740 JURY REIMB. FUND- STATE 145.98 DR 7857-999-10010 162.20 CR 7856-999-20610 CIVIL JUSTICE DATA REPOS.- GEN FUND 0.29 CR 7856-999-20740 CIVIL JUSTICE DATA REPOS: STATE 2.61 DR 7856-999-10010 2.90 CR 7502-999-20740 JUD/CRT PERSONNEL TRAINING FUND- STATE 0.00 DR 7502-999-10010 0.00 7998-999-20740 TRUANCY PREVENT/DIV FUND - STATE 37.73 7998-999-20701 JUVENILE CASE MANAGER FUND 37.73 DR 7998-999-10010 75.45 7403-999-22889 ELECTRONIC FILING FEE - CV STATE 80.00 DR 7403-999-22889 80.00 TOTAL (Distrib Req to OperAcct) $11,387.55 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD 0.00 DA - RESTITUTION 0.00 REFUND OF OVERPAYMENT: 0.00 OUT -OF -COUNTY SERVICE FI 0.00 CASH BONDS 0.00 PARKS & WILDLIFE FINES 8.50 WATER SAFETY FINES 199.75 TOTAL DUE TO OTHERS $208.25 TOTAL COLLECTED -ALL FUNDS $11,695.80 LESS: TOTAL TREASUER'S RECEIPTS $11,695.80 REVISED 03/04/16 OVER/(SHORT) $0.00 Page 2 of 2 CALHOUN DISTRIBUTION COUNTY REQUEST 201 West Austin DR# 450 A 43405 PAYEE PAYOR Name: Calhoun County Oper. Acct. Official: Hope Kurtz Address: Title: Justice of the Peace, Pct. 1 City: State: Zip: Phone: ACCOUNT NUMBER DESCRIPTION AMOUNT 7541-999-20759-999 JP1 Monthly Collections - Distribution $11,387.55 OCTOBER 2018 967 TOTAL. 11,387.55 of Official -/ / Date CALHOUN DISTRIBUTION COUNTY REQUEST 201 West Austin DR# 450 C 43405 PAYEE PAYOR Name: Texas Parks Et Wildlife Official: Hope Kurtz Address: Title: Justice of the Peace, Pct. 1 City: State: Zip: Phone: ACCOUNT NUMBER DESCRIPTION C AMOUNT 7541-999-20759-999 JP1 - Parks 8 Wildlife- Water Safety Fines $ 199.75 OCTOBER 2018 7604 TOTAL 199.75 Signature of Official Date 0 e m N O H C O U f L r w z O N W Y O z N O � U � s W � J w W Z K L N yaxi W QZ Q _J = w � W f � � O Q C � N Uw m o U Q JN a � O � V M ❑ � Q V N � a0 ENTER COURT NAME: - JUSTICE OF PEACE NO. 2 ENTERMDNTH OF REPORT October ENTER YEAR OF REPORT ;: 2018 CODE AMOUNT CASH BONDS: 0.00 REVISED 03/04/16 ADMINISTRATION FEE-ADMF 0.00 BREATH ALCOHOL TESTING -BAT 000 CONSOLIDATED COURT COSTS'. CCC 1,509.39 i COURTHOUSE SECURITY -CHS 153.54 CJP 0.00 CIVIL JUSTICE DATA REPOSITORY FEE CJDR 1.65 CORRECTIONAL MANAGEMENT INSTITUTE - CMI 1.00 CR 0.00 CHILD SAFETY -CS 000 CHILD SEATSELT FEE -CSBF 000 CRIME VICTIMS. COMPENSATION -CVC 30.00 DPSC/FAILURE TO APPEAR -OMNI-IDPSC 256.40 ELECTRONIC FILING FEE `. 90.00 FUGITIVE APPREHENSION -FA : 10.00 GENERAL REVENUE -OR 0.00 ' CRIM- IND LEGAL SVCS SUPPORT `-IDF : 71.74 JUVENILE CRIME & DELINQUENCY -JCD 1.00 JUVENILE CASE MANAGER FUND -UCMF 91.28 JUSTICE COURT PERSONNEL TRAINING-JCPT 400 JUSTICE COURT SECURITY FUND -JCSF 0,00 JUROR SERVICE PEE -JSF 147.54 LOCAL ARREST FEES'. -LAP 96.38 I LEMI 0.00 LEDA 0.00 LEOC 0.00 OCL :' 0.00 PARKS& WILDLIFE ARREST FEES -PWAF 18.14 STATE ARREST FEES-- SAF 48.44 SCHOOL CROSSINGICHILD SAFETY FEE 4 SCF 0.00 SUBTITLE C-SUBC '. '360.48 TASC ARREST FEES '-TAF 0.00 TECHNOLOGY FUND-TF 155.54 TRAFFIC -TFC 36.08 TIME PAYMENT -ITIME 252.91 TRUANCY PREVENTIDIVERSION FUND TPDF `-6316 LOCAL$ STATE WARRANT FEES -WRNT 541.42 COLLECTION SERVICE FEE-MVBA-CSRV ,1,563.92 DEFENSIVE DRIVING COURSE: DOC .0.00 DEFERRED FEE-DFF '129.90 DRIVING EXAM FEE-PROV DL I; 0.00 FILING FEE -FFEE -'316.00 FILING FEE SMALL CLAIMS FFSC : 0.00 COPIESICERTIFED CaPIES- CC `: 0.00 1NDIGENTFEE-CIFFor1NDF 't54.00 JUDGE PAYRAISE FEE JPAY '.=219.29 SERVICE FEE -SFEE 600.00 OUT OF COUNTY SERVICE FEE :' 0.00 EXPUNGEMENTFEE-.EXPG 0.00 EXPIRED RENEWAL -EXPR 0.00 'ABSTRACT OF JUDGEMENT•AOJ I: 0.00 ALLWRITS-WOP/WOE 150,00 DPS FTA FINE DPSF 594.00 LOCAL FINE$ - FINE '. 5,689.50 LICENSE & WEIGHT FEES -iLWF <: 0.00 '.PARKS&WILDLIFE FINES -:PWF 557.00 ' SEATSELTIUNRESTRAINED CHILD FINE -.SEAT 0.00 V-JUDICIAL&COURT PERSONNEL TRAINING FUND-JCPT`; OAO ' OVERPAYMENT ($10 & OVER) - OVER 0.00 OVERPAYMENT (LES'SiTHAN $10) OVER I0.00 RESTITUTION- REST ' 0.00 PARKS& WILDLIFE -WATER SAFETY FINES,W$F ` 18.00 WCR -0.00 TOTAL ACTUAL MONEY RECEIVED $13.831.70 TYPE:. AMOUNT TOTALWARRANTFEES .641,42 ENTER LOCAL WARRANT FEES 200.00 RECORDON TOTAL PAGE OF HILL COUNTRY SOFRYAREMO. REPORT STATE WARRANT FEE$ $34.42'RECOROONTOTALPAGEOFHILLCOUNTRYGOFRNAREMO.REPORT DUE TO OTHERS: AMOUNT DU£T0CC18D+50°%ofF19BOnJVcasee'. (:0.00 PLEASEINGEODE DR. REQUESTING DISBURSEMENT DUE TO DA RESTITUTION FUND 0.001 PLEASE INCLUDE D.R. REQUESTING DISBURSEMENT REFUND OF OVERPAYMENTS '0,00; PLEASEINCLUDE D.R. REQUESTING DISBURSEMENT OUT•F-000NTY SERVICE FEE 10.00 PLEASE INCLUDE D.R. REQUESTING DISBURSEMENT CASH SOND$ 0,00 PLEASEINOLUDE D.R. REQUESTING DISBURSEMENT OF REQUIRED) TOTAL DUE TO OTHERS i 0.00 TREASURERS RECEIPTS FOR MONTH: AMOUNT CASH, CHECKS, M.O.s & CREDIT CARDS I' 113,831.70 Calculate from ACTUAL Treasurer's Recelpts TOTAL TREAS. RECEIPTS 13't131.70 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 11/1/2018 COURT NAME: JUSTICE OF PEACE NO. 2 MONTH OF REPORT: October YEAR OF REPORT: 2018 ACCOUNT NUMBER ACCOUNT NAME AMOUNT CR 1000-001-45012 FINES 6,369.75 CR 1000-001-44190 SHERIFF'S FEES 622.78 ADMINISTRATIVE FEES: DEFENSIVE DRIVING 0.00 CHILD SAFETY 0.00 TRAFFIC 36.08 ADMINISTRATIVE FEES 129.90 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 CR 1000-001-44362 TOTAL ADMINISTRATIVE FEES 165.98 CR 1000-001-44010 CONSTABLE FEES -SERVICE 750.00 CR 1000-001-44062 JP FILING FEES 316.00 CR 1000-001-44090 COPIES / CERTIFIED COPIES 0.00 CR 1000-001-49110 OVERPAYMENTS (LESS THAN $10) 0.00 CR 1000-001-44145 SCHOOL CROSSING/CHILD SAFETY FEE 0.00 CR 1000-999-20741 DUE TO STATE -DRIVING EXAM FEE 0.00 CR 1000-999-20744 DUE TO STATE-SEATBELT FINES 0.00 CR 1000-999-20745 DUE TO STATE -CHILD SEATBELT FEE 0.00 CR 1000-999-20746 DUE TO STATE -OVERWEIGHT FINES 0.00 CR 1000-999-20770 DUE TO JP COLLECTIONS ATTORNEY 1,563.92 TOTAL FINES, ADMIN. FEES & DUE TO STATE $9,788.43 CR 2670-001-44062 COURTHOUSE SECURITY FUND $115.16 CR 2720-001-44062 JUSTICE COURT SECURITY FUND $38.39 CR 2719-001-44062 JUSTICE COURT TECHNOLOGY FUND $155.54 CR 2699-001-44062 JUVENILE CASE MANAGER FUND $91.28 STATE ARREST FEES DIPS FEES 77.97 P&W FEES 3.63 TABC FEES 0.00 CR 7020-999-20740 TOTAL STATE ARREST FEES 81.60 CR 7070-999-20610 CCC-GENERAL FUND 155.54 CR 7070-999-20740 CCC-STATE 1,399.85 DR 7070-999-10010 1,555.39 CR 7860-999-20610 STF/SUBC-GENERAL FUND 18.02 CR 7860-999-20740 STF/SUBC-STATE 342.46 DR 7860-999-10010 360.48 CR 7950-999-20610 TP-GENERAL FUND 126.46 CR 7950-999-20740 TP-STATE 126.45 DR 7950-999-10010 252.91 CR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 2.70 CR 7480-999-20740 CIVIL INDIGENT LEGAL -STATE 51.30 DR 7480-999-10010 54.00 Page 1 of 2 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 11/1/2018 COURT NAME: JUSTICE OF PEACE NO. 2 MONTH OF REPORT: October YEAR OF REPORT: 2018 CR 7865-999-20610 CRIM-SUPP OF IND LEG SVCS-GEN FUND 7.17 CR 7865-999-20740 CRIM-SUPP OF IND LEG SVCS-STATE 64.57 DR 7865-999-10010 71.74 CR 7970-999-20610 TUFTA-GENERAL FUND 85.47 CR 7970-999-20740 TUFTA-STATE 170.93 DR 7970-999-10010 256.40 CR 7505-999-20610 JPAY - GENERAL FUND 21.93 CR 7505-999-20740 JPAY - STATE 197.36 DR 7505-999-10010 219.29 CR 7857-999-20610 JURY REIMB. FUND- GEN. FUND 14.75 CR 7857-999-20740 JURY REIMB. FUND- STATE 132.79 DR 7857-999-10010 147.54 CR 7856-999-20610 CIVIL JUSTICE DATA REPOS.- GEN FUND 0.16 CR 7856-999-20740 CIVIL JUSTICE DATA REPOS.- STATE 1.49 DR 7856-999-10010 1.65 CR 7502-999-20740 JUD/CRT PERSONNEL TRAINING FUND -STATE 0.00 DR 7502-999-10010 0.00 7998-999-20701 JUVENILE CASE MANAGER FUND 31.58 CR 7998-999-20740 TRUANCY PREV/DIV FUND - STATE 31.58 DR 7998-999-10010 63.16 CR 7403-999-22889 ELECTRONIC FILING FEE - STATE 90.00 DR 7403-999-10010 90.00 TOTAL (Distrib Req to OperAcct) $13,342.95 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD 0.00 DA - RESTITUTION 0.00 REFUND OF OVERPAYMENT; 0.00 OUT -OF -COUNTY SERVICE FI 0.00 CASH BONDS 0.00 PARKS & WILDLIFE FINES 473.45 WATER SAFETY FINES 15.30 TOTAL DUE TO OTHERS $488.75 TOTAL COLLECTED -ALL FUNDS $13,831.70 LESS: TOTAL TREASUER'S RECEIPTS $13,831.70 REVISED 03/04/16 OVER/(SHORT) $0.00 Page 2 of 2 CALHOUN DISTRIBUTION COUNTY REQUEST 201 West Austin DR# 460 A 43405 PAYEE Name: Calhoun County Oper. Acct. Address: City: State: Zip: Phone: PAYOR Official: Title: Caivin Anderle Justice of the Peace, Pct. 2 ACCOUNT NUMBER DESCRIPTION AMOUNT 7542-999.20759.999 JP2 Monthly Collections- Distribution $13,342.95 October 2018 V# 967 Signature of Official Date TOTAL 13,342.95 Calhoun Co un ty Flo o dplain Administration 211 South Ann Street, Suite 301 Port Lavaca,TX, 77979-4249 Phone: 361-553-4455/Fax: 361-553-4444 e-mail: mary.orta@calhouncotx.org October 2018 Development Permits New Homes-3 Renovations-1 Mobile Homes-2 Boat Barns/Storage Buildings/Garages-3 Commercial Buildings/RV Site-1 Total Fees Collected: $600.00 Calhoun County Commissioners' Court— November 07, 2018 18. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 20) To declare the following vehicles in the Sheriff's Office as Surplus/Salvage and authorize them to be sold at auction. Proceeds to be put in Sheriff's Office Account. (MP) 1. 2012 Chevy Tahoe VIN 1GNLC2E07CR194168 (Unit 3) 2. 2007 Ford Explorer VIN 1FMFU155471A67939 (Unit 12) 3. 2000 Ford Excursion VIN 1FMBU40SXYEB35256 (Unit 30) 4. 2010 Dodge Pickup VIN iD7RBiGP1AS99968 (Unit 29) RESULT: APPROVED [UNANIMOUS] MOVER: Clyde Syma, Commissioner Pet 3 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 16 of 21 CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 PHONE NUMBER (361) 553-4646 FAX NUMBER (361) 553-4668 MEMO TO: MIKE PFEIFER, COUNTY JUDGE SUBJECT: TRANSFER VEHICLES FROM FLEET TO SURPLUS SALVAGE DATE: NOVEMBER 7, 2018 Please place the following item(s) on the Commissioner's Court agenda for the date(s) indicated: AGENDA FOR NOVEMBER 7, 2018 • Consider and take necessary action to put the following vehicles on surplus salvage list: • 2012 CHEVY TAHOE VIN#IGNLC2E07CRI94168 (UNIT 3) • 2007 FORD EXP VIN#IFMFU15547LA67939 (UNIT 12) • 2000 FORD EXCURSION VIN#1FMBU40SXYEB35256 (UNIT 30) • 2010 DODGEPK VIN# 1D7RBIGPIAS99968 (UNIT 29) These vehicles will be going to auction and sold. Proceeds will go back into the Sheriff's Office account. SincereAly, A Bobbie Vickery Calhoun County Sheriff Calhoun County Commissioners' Court— November07, 2018 19. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 21) To declare the shop built trailer, asset #22-0091 at Road & Bridge Precinct #2 as salvage and remove from Inventory. (VL) RESULT: APPROVED [UNANIMOUS] MOVER: Clyde Syma, Commissioner Put 3 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 17 of 21 Vern Lyssy Calhoun County Commissioner, Precinct #2 5812 FM 1090 Port Lavaca, TX 77979 November 1, 2018 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: SST 'TE OP lr N (361) 552-9656 Fax (361) 553-6664 Please place the following item on the Commissioners' Court Agenda for November 7, 2018 • Consider and take necessary to declare the shop built trailer asset # 22-0091 as salvage and remove from Road & Bridge, Pct. 2's Fixed Asset inventory. Sincerely Vern Lyssy Commissioner, Pct. 2 VL/Ij CALHOUN COUNTY SURPLUS/SALVAGE DECLARATION REQUEST FORM Department Name: Road & Bridge, Pct. 2 Requested by: Commissioner Vern Lyssy ) ] \ w \ � § : \ { ) § \ q \2\ \[ - jw m § _ ! , \ \ \} {�0 + ( [/\ ) § (\7 O,w 2m \§ ) ww9 O'�( \ / 910 - °) / Mj \ \2 \)§\ \)\( \ \\ / j ) ® / ) & f \ 7 } { / } 7 & § Calhoun County Commissioners' Court— November 07, 2018 20. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 22) On any necessary budget adjustments. Page 18 of 21 Calhoun County Commissioners' Court— November 07, 2018 21. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 23) To pre -approve expenditures by incumbent County or precinct officer(s) under County's Policy of Compliance with LGC 130.908. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet I AYES: Commissioner Hall, Lyssy, Syma ABSTAINED: Michael Pfeifer, County Judge, Kenneth Finster, Commissioner PCT 4 Page 19 of 21 PRE -APPROVAL LIST COUNTY JUDGE'S OFFICE NOVEMBER 7, 2018 VENDOR ACCOUNT AMOUNT PO# Victoria Co. 350-32480 $6,708.33 350-910378 Health Dept. Public Health Prevent. Promote. Protect. November 1, 2018 Calhoun County Judge Attn: Susan Riley 211 S. Ann Street, Suite 301 Port Lavaca TX 77979 SERVICES: Victoria County Public Health Department 2805 N. Navarro Street Victoria, Texas 77901 Phone (361) 578-6281 Fax (361) 579-6348 Environmental Health Services 1000/350/62480 December 1- December 31, 2018 Total REMIT TO: Victoria County Public Health Department 2805 N. Navarro Victoria, TX 77901 Attn: Finance Department Invoice: ENV18-12 $6,708.33 $6,708.33 CALi1OUN COUNTY- Purchase Order No.-3�'U - 201 West Austi a Port Lavaca, Texas 77979 CHECK REQUISITION/ PURCHASE ORDER VENDOR Name: U; CA-0 c s o �u w v w �. C Address: AlA ��o City: State: _C Zip: Phone: L Department: A.9e,� Address: City: State: Zip: Phone: ACCOUNT NO. DESCIRIPTION DESCRIPTION UNIT PRIG QTY. TOTAL U " �o?�l (,O. C:". /'V1� • {"0 eu 1 .\ e �-1 -ir. { �--� Pam.- - �.._ Cv �" 3 SeC-J C S// -+ Tca rvti I- be C. 3 I '- THEITEMS ORSERVICES SHOWNABOVEARENEEDEDIN'WiH IMSCHARI>E IGXeS-�TaTe/�-UUHiy UUUU Ii U OFRY OFMCIAL DUTIES AND I CERTIFY THAT FUNDS AREAVAII.ABLE TO PAYTHB OBLIGATION. I CERMYTHATTHEABOVETTEMS OR SERVICES 'DOTAL THERE RECEIVED$X MEIN GOOD CONDITION AND REQUEST THE COUNTY _ D TREASURER TO PAY THE ABOVE OBLIGATION. AC SICNA�'U�E ®ATE PRE -APPROVAL LIST COMMISSIONER KENNETH FINSTER November 7, 2018 Associated Supply Company, DBA $ 355,584.20 Asco Total $ 355,584.20 Gradall XL3100 4x4 (ALHOUN COUNTY 202 SOUTH ANN STE. A PORT LAVACA, TX 77979 PURCHASE ORDER DATE: 11/5/2018 DEPT#: 570 PURCHASE ORDER NO. I PO 570 43409 VENDOR INFORMATION DEPARTMENT INFORMATION' NAME: Associated Supply Company NAME: PRECINCT 4 ROAD & BRIDGE DBA-ASCO ADDRESS: PO BOX 177 CITY: CITY: SEADRIFT STATE: 'STATE: TX ZIP: ZIP: 77983 PHONE: 832-316-2507 PHONE: 361-785-3141 361-785-5602(FAX) SHIPPING ADDRESS: VENDOR R: ACCOUNT NO. FUND DEPT GL GRANT INVOICE DATE INVOICE NO. DESCRIPTION '.(TO BE ENTERED INTO MIP) TOTAL 1000 570 73400 EM06-17 Gradall XL3100 V 04 $ 355,584.20 THE ITEMS OR SERVICES SHOWN ABOVE ARE NEEDED IN THE DISCHAREGE OF MY OFFICIAL Taxes -State/County Deducted DUTIES AND I CERTIFY THAT FUNDS ARE AVAILABLE TO PAY THE OBLIGATION.I CERTIFY THAT THE ABOVE ITEMS OR SERVICES WERE RECEIVED BY ME IN GOOD CONDITION AND REQUEST THE COUNTY TREASURER TO PAY THE ABOVE OBLIGATION. TOTAL $ 355.584.20 COUNTYAUDITOR APPROVAL ONLY A PPROYA UDEPA R TMEN T HEA D ,,�d %DUWaeod 1 11I0.5I7s DEPARTMENTHEAD DATE BY DATE CONTRACT PRICING WORKSHEET 41 V/y�i For Standard Equipment Purchases Contract j EM06-17 No.: 11 Date ! 11/2/2018 Prepared: ' This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. n o° o°a, ;Celhom County Precinct 4 contractor: I Associated Supply Company (DBA ASCO) Contact Panon, Frank Gerking ared PrepSkipper Robinson a Phone: 361-7464843 Phone: •(832) 316-2507 Fae: Fax: (713) 649-5571 Eaadh frank.geddng@caWouncotx.org Emax: isrobinson@ascoeq.eom Product Code: t 15C Description: Gradall XL3100 V 4x4 Truck Mounted Excavator A. Product Item Base Unit Price Per Contractor's H-GAC Contract: $325,154.20 B. Published Options - Itemize below - Attach additional sheet if necessary - Include Option Code In description H applicable (Note: Published Options are options which were submitted and priced in Contractor's bid.) Description t Cost Description Cost ux Hydraulics w/ Aux Hyd. Plumbing $2,900.00 Fixed Thumb Grapple j $9,409.00 Bacon Light LED Upper ; $1,069.00 I Air Conditioning Installation - Chassis $2,410.00 i 0t Steering Column - Chassis i $872.00 ' Bacon Light LED - Chassis $1,069.00 Left Hand Rear Step 510 ucket - 60" Ditching w/ bolt on cutting edge I $5,017.00 ' xtra set of keys $20.00 ' Tinted Set of Parts, Service & Operator's Manuals j $255.00 tendard Warranty: 12 months or 1500 hours 1 Subtotal From Additional Sheet(s): j Subtotal B: , 2353 C. Unpublished Options - Itemize below - Attach additional sheet if necessary (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Description Cost Description Cost t 1 1 j I : Subtotal From Additional Sheet(s): Subtotal C: i 0 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit For this transaction the percentage is: 0% Price plus Published Options (A+B). . Total Cost before any a licable Charges, Trade -Ins, Allowances, Discounts, Etc. (A+B+C) Quantity Ordered:other 1 X Subtotal ofA+B+C: 348684.2 SubtotalD:€ 348684. E. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Description I Cost Description Cost Factory Freight ! $6,500.00 : 1 Local Delivery $400.00 Subtotal E: 69 Delivery Date: 90-120 Days F. Total Purchase Price (D+E): 355564. Calhoun County Commissioners' Court— November 07, 2018 22. APPROVAL OF BILLS (AGENDA ITEM NO. 27) MMC RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster County RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet I SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 20 of 21 MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR --November 07, 2018 TOTALS TO BE APPROVED - TRANSFERRED FROM ATTACHED PAGES MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ---November 07, 2018 PAYABLES AND PAYROLL 11/1/2018 Weekly Payables 11/5/2018 McKesson-340B F TOTAL,jRAkSFE,S,BETW 13 EE, FUN NURSING HOME UPL EXPENSES 328,426.26 10,420.76 11/512018 Nursing Home UPI 539,931.56 1115/2018 Nursing Home UPI 30,063.96 QIPP/INTEREST CHECKS TO MMC 11/5/2018 Ashford 19,860.36 1115/2018 Golden Creek 47,465.33 11/6/2018 Fort Bend 8,120.58 11/5/2018 Solera 6,656.00 1115/2018 Crescent 3,845.40 TOTAL R MPNT' TRANSFERS g �ma` C1a Z" a �r`a 3ma nn o+ o„ nZ ()m m o may_ n no onz y R nin )h jinn mm� n CCU 55 OTg20g20$�K !F R n $ 02z Oz nz� tea S Z� [� Y o yO �yO �yO7Og AO {ymt O O z W W OWC OWO W N N N N N Oo pW� 00 Oo Oo 00 �. .-v. V� I e O O O O O W IPo/� VOi V�i I N N N N N O In M N U pp N V• b b N U O W T U N A u, N a Q N Ut w oo ao W W O pq J IJ O Ll J J CO O V. A O b O N U A � O IV O Oq O U O N 1p N ut W E.1 J A O A J O s aaaa a a a aaa 0 0 0 0 0 0 0 a 0 0 0 0 0 0 o O o 0 0 0 s E czim 3 n�a n � f a o� o0 m o N to W W O W q u �R � m0 �n in ... .f, �-1 �yl — r ..rjj m O y OO q. ? m m °z F S rn m Ox C of Cnq hi b ? s y � a � [nil Al N N N N x K 0 M m S w S S S S S S S S $ o 0 0 o c o y n o O• o S S S S n 6 ro 0y O O In O O VI IA C O O O O 1A 1A v y zCOy 6 O n O S H W N r N O Q W W V A O V• W .NP W V. p� O� A to �p �D W W J N N VAi V N O N � w ro o`o w ao 00 00 00 00 oa o`e � w �& :�, , 'I November 7, 2018 2018 APPROVAL LIST - 2018 BUDGET �- , c— COMMISSIONERS COURT MEETING OF BALANCE BROUGHT FORWARD FROM APPROVAL LIST REPORT PAGE 11/07/18 2 $5,272.58 FICA P/R $ 47,052.96 MEDICARE P/R $ 11,185.44 FWH P/R $ 32,617.99 NATIONWIDE RETIREMENT SOLUTIONS P/R $ 3,608.48 OFFICE OF THE ATTORNEY GENERAL - CHILD SUPPORT P/R $ 2,912.16 TEXAS COUNTY & DISTRICT RETIREMENT SYSTEM P/R $ 143,973.13 AT&T MOBILITY A/P $ 1,497.90 CABLE ONE A/P $ 129.44 FRONTIER COMMUNICATIONS A/P $ 314.15 GBRA A/P $ 275.77 REPUBLIC SERVICES #847 TEXAS WAVENET WIRELESS TISD, INC A/P $ 876.48 A/P $ 99.99 A/P $ 50.00 TOTAL VENDOR DISBURSEMENTS: $ 249,866.47 TOTAL AMOUNT FOR APPROVAL: $ 249,866.47 Calhoun County Commissioners' Court— November 07, 2018 23. PUBLIC DISCUSSION OF COUNTY MATTERS. COURT ADJOURNED: 10:29 AM Page 21 of 21