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2019-10-23 CC MINUTES PT 1.pdfCommissioners' Court —OCTOBER 23, 2019 REGULAR 2019 TERM § OCTOBER 23, 2019 BE IT REMEMBERED THAT ON OCTOBER 23, 2019, THERE WAS BEGUN AND HOLDEN A REGULAR TERM OF COMMISSIONERS' COURT. 1. CALL TO ORDER This meeting was called to order at 10:00 A.M by Judge Richard Meyer. 2. ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT: Richard Meyer David Hall Vern Lyssy Clyde Syma Gary Reese 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 Gary Reese/Vern Lyssy Page 1 of 7 Commissioners' Court —OCTOBER 23, 2019 4. General Discussion of Public matters and Public Participation. N/A 5. Approve the minutes of the October 2, 71 & 16, 2019 meetings. (RM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct2 SECONDER: Gary Reese, Commissioner Pct4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 6. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. O6) To place proceeds from Lone Star Auction in the amount of $4020.00 into the 2019 Capital Outlay — Precinct 2 account (1000-550-70850). (VL) No action taken. 7. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 07) Regarding the termination of health and dental insurance for Memorial Medical Center's Board of Managers and their families. (RM) No action taken. 8. Public Hearing to regulate/maintain a speed limit on Lane Road of 45 mph from State Hwy 185 to Welder Flats Road. (GR) Commenced: 10:03 a.m. Closed: 10:05 a.m. Page 2 of 7 Commissioners' Court —OCTOBER 23, 2019 9. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 9) To regulate/maintain speed limit on Lane Road of 45 mph from State Hwy 185 to Welder Flats Road. (GR) RESULT: APROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 10. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 10) To approve amending the District Attorneys forfeiture fund in the amount of $833.00 to compensate for the shortage of funds the State Longevity Payments and FICA for Shannon Salyer, James D. Henderson, and Sara Rodriguez. (RM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Clyde Syma, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 11. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 11) To transfer County Asset #22-0234, 1994 Chevrolet S10 truck to Lite Sheriff's Office and remove from the Road & Bridge, Pct 2's fixed asset list. (VL) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 3 of 7 Commissioners' Court — OCTOBFR 23, 2019 12. CONSIDER AND TAKE NECESSARY ACTION (ITEM NO. 12) To approve the specifications and authorize the County Auditor to advertise for insecticides for mosquito control, Bid Number 2020-01 for the period beginning January 1, 2020 and ending December 31, 2020. Bids will be due 2.00 pm Wednesday, November 20, 2019 and considered for award on Wednesday, December 11, 2019. (RM) Remove items #3, 41 7, 13, 14, & 15. No changes to the specs. RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 13. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 13) To approve the specifications and authorize the County Auditor to advertise for Delivered Fuel, Bid Number 2020-02 for the period beginning January 1, 2020 and ending December 31, 2020. Buds will be due 2:00 pm Wednesday, November 20, 2019 and considered for award on Wednesday, December 11, 2019. (RM) While skid fuel tank is empty it is to be located at the Calhoun County Landfill and in order to fill it it will be delivered via the County to the Courthouse. Also, add additional generators from the Southside Location. RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER:' Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 4 of 7 Commissioners' Court—OCTOBER 23, 2019 14. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 14) To approve the specifications and authorize the County Auditor to advertise for Road Materials and Asphalts, Oils and Emulsions, Bid Number 2020-03 for the period beginning January 1, 2020 and ending December 31, 2020. Bids will be due 2:00 pm Wednesday, November 20, 2019 and considered for award on Wednesday, December 11, 2019. (RM) Remove items # 41 51 17, & 20. No changes to the specs. RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 15. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 15) To accept donations to the Calhoun County Library. (see attached) (RM) RESULT: APPROVED [UNANIMOUS] MOVER Gary Reese, Commissioner Pct 4 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 16. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 16) To declare items located in the Calhoun County Public Library declared as Surplus/Salvage and authorize the Librarian to dispose of same. (see list) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 5 of 7 Commissioners' Court —OCTOBER 23. 2019 17, CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 17) To declare items located in the Calhoun County Public Library declared as Waste and authorize the Librarian to dispose of same. (see list) (RM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct I AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 18. Accept reports from the following County Offices: 1. County Clerk's Office — September 2019 2. County Treasurer's Office — August 2019 3. Justice of the Peace, Pct 3 — September 2019 RESULT: APPROVED [UNANIMOUS] MOVER: Clyde Syma, Commissioner Pct 3 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 19. Consider and take necessary action on any necessary budget adjustments. RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct'1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 6 of 7 Commissioners' Court — OCTOBER 23, 2019 20. Approval of bills and payroll. Indigent RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese MMC RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct i SECONDER:' Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese County RESULT: APPROVED[UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese ADJOURNED: 10:30 A.M. Page 7 of 7 Commissioners' Court — OCTOBFR 23, 2019 REGULAR 2019 TERM OCTOBER 23I 2019 BE IT REMEMBERED THAT ON OCTOBER 23, 2019, THERE WAS BEGUN AND HOLDEN A REGULAR TERM OF COMMISSIONERS' COURT. 1. CALL TO ORDER This meeting was called to order at 10:00 A.M by Judge Richard Meyer. 2. ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT: Richard Meyer David Hall Vern Lyssy Clyde Syma Gary Reese 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 Gary Reese/Vern Lyssy Page 1 of 18 Commissioners' Court — OCTOBER 231 2019 4. General Discussion of Public matters and Public Participation. N/A Page 2 of 18 Commissioners' Court--OCTOBER 23, 2019 5. Approve the minutes of the October 2, 7, & 16, 2019 meetings. (RIM) RESULT: APPROVED[UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 3 of 18 The Commissioners' Court of Calhoun County, Texas met on Wednesday, October 2, 2019 at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse at 211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, Texas. Attached are the true and correct minutes of the above referenced meeting. P Richard Meyer, Coun Judge Calhoun County, Texas Anna Goodman, County Clerk Deputy Clerk Commissioners' Court —October 02, 2019 REGULAR 2019 TERM 0 OCTOBER 02, 2019 BE IT REMEMBERED THAT ON OCTOBER 02, 2019, THERE WAS -BEGUN AND HOLDEN A REGULAR TERM OF COMMISSIONERS' COURT. 1. CALL TO ORDER This meeting was called to order at lO:OD A.M by Judge Richard Meyer. 2. ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT: Richard Meyer David Hall Vem Lyssy Clyde Syma Gary Reese 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 Gary Reese/Vern Lyssy Page 1 of 7 Commissioners' Court —October 02, 2019 4. General Discussion of Public matters and Public Participation. N/A 5. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO.S) To approve a request from Luis De La Garza (dba 5 Sons Investments) to build a RV park on 2.58 acres behind West Side Subdivision. (RM) 6. Approve minutes of September 18, 2019 meeting. (RM) 7. Hear an announcement from Gloria Ochoa, Tax Assessor -Collector. (RM) Page 2 of 7 Commissioners' Court -October 02, 2019 8. Hear the August 2019 Memorial Medical Center Report. (RM) 9. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO.9) On FEMA=4332-DR-TX Project Completion and Certification Report for Project Worksheet #884 Museum and the Duplication of Benefits form and authorize the County Judge to sign. (RM) 10. Hear a report from Mott McDonald Engineering on findings of Feasibility for Magnolia Beach. il. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. li) To select the Mott McDonald recommended solution for Magnolia Beach. (DH) Page 3 of 7 Commissioners' Court — October 02, 2019 12, CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 12) To appoint Dillon 3enkins, MD as Locum Tenens Medical Director for CCEMS. (DH) 13. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 13) An increase in the Sheriff's Forfeited Property Fund 2860-001-45060 Forfeitures Revenue of $38,028.00 and 2860-9943920 Miscellaneous of $21500.00. (RM) 14. Public Hearing to discuss a petition to Vacate a 0.32 acre portion of Lots 13 through 24, Block 180, PortO'Connor Townsite as recorded in Volume 2, Page 1 of the Deed Records of Calhoun County, Texas. (GR) 15. CONSIDER AND TAKE NECESSARY ACTION (AGEEDA ITEM NO. 15) To vacate a 0.32 acre portion of Lots 13 through 24, Block 180, Port O'Connor Townsite as recorded in Volume 2, Page 1 of the Deed Records of Calhoun County, Texas. (GR) Page 4 of 7 Commissioners' Court —October 02, 2019 16. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM 140.16) To approve the final Plat of Block 180, Port O'Connor Townsite, Resubdivision No. 1. (GR) 17. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 17) On the 2020 Fiscal Year budget for Calhoun County E911 Emergency Communications District. (RM) 18. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 18) To declare as surplus/salvage a 2008 New Holland Backhoe and Thumb and a 2002 Sil Ford F150 pickup and remove from Precinct 1 inventory. (DH) 19. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 19) To remove three (3) computers from the Sheriff's office inventory and have them destroyed. (see attached) (RM) Page 5 of 7 commissioners' Court — October 02, 2019 20. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM 140.201 To declare a Sterrad NX Low Temperature Sterilizer as surplus/salvage and remove from Memorial Medical Center Inventory. (RM) 21. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 21) To remove computer equipment from Memorial Medical Center inventory and have them destroyed. (see attached) (RM) 22. ACCEPT REPORTS FROM THE FOLLOWING COUNTY' OFFICES: i. County Auditor"s Office —August 2019 2. County Tax Assessor-Collector's Office —August 2019 3. County Treasurer's Office — July 2019 23. Consider and take necessary ackion on any necessary budget adjustments. Page 6 of 7 Commissioners' Court- October02, 2019 W Approval of bills and payroll. (RM) ADJOURNED: 11:24 A.M. Page 7 of 7 The Commissioners' Court of Calhoun County, Texas met on Wednesday, October i, 2019 at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse at 211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, Texas. Attached are the true and correct minutes of the above referenced meeting. Richard Meyer, Coun udge Calhoun County, Texas Anna Goodman, County Clerk Deputy Clerk Commissioners' Court —October 07, 2019 REGULAR 2019 TERM 0 OCTOBER 07, 2019 BE IT REMEMBERED THAT ON OCTOBER 07, 2018, THERE WAS BEGUN AND HOLDEN A REGULAR TERM OF COMMISSIONERS' COURT. 1. CALL TO ORDER This meeting was called to order at 10:00 A.M by Judge Richard Meyer. 2. ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT: Richard Meyer David Hall Vern Lyssy Clyde Syma Gary Reese Anna Goodman Catherine Sullivan County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 - Absent 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 Gary Reese/Clyde Syma Page 1 of 4 Commissioners' Court -October 07,2019 4. General Discussion of Public matters and Public Participation. N/A 5. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO.S) To approve an order Prohibiting Outdoor Burning. (RM) 6, CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM N0.6) To approve a lease agreement with Great America Financial Services/Dewitt Poth & sons for a Kyocera 6635cidn Copier/Printer for Precinct 3 and authorize Commissioner Syma to sign. (CS) 7. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO.7) To approve al seagreement with Great America Financial Services/Dewitt Poth & Sons for a Kyocera 406cl Copier/Printer for the County Judge and Emergency Management and authorize the County Judge to sign. (RM) Page 2 of 4 I Commissioners' Court -October 07, 2019 8. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO.B) To authorize the County Sheriff to sign a credit application in order to purchase tires from Beasley Tire Service, Inc. (RM) 9. CONSIDER ANb TAKE NECESSARY ACTION (AGENDA ITEM N0.9) To approve a service contract with Sliverback Septic Solutions for Precinct 2 and authorize Commissioner Lyssy to sign. (VL) 10. Accept reports from the following County Offices: 1. County Auditor's Office - various department audits 2. Floodplain Administration - Sept 2019 3. Sheriff's Office - Aug 2019 (revised) Page 3 of 4 Commissioners' Court —October 07, 2019 11. Consider and take necessary action on any necessary budget adjustments. 12. Approval of bills and payroll. (RM) AD7OURNED: 10:10 A.M. Page 4 of 4 The Commissioners' Court of Calhoun County, Texas met on Wednesday, October 16, 2019 at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse at 211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, Texas. Attached are the true and correct minutes of the above referenced meeting. Richard Meyer, Coun udge Calhoun County, Texas Anna Goodman, County Clerk Deputy Clerk Commissioners' Court — OCTOBER 16, 2019 REGULAR 2019 TERM 0 OCTOBER 16, 2019 BE IT REMEMBERED THAT ON OCTOBER 16, 2019, THERE WAS BEGUN AND HOLDEN A REGULAR TERM OF COMMISSIONERS' COURT. 1. CALL TO ORDER This meeting was called to order at 10:00 A.M by Judge Richard Meyer. 2. ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT: Richard Meyer County Judge David Hall Commissioner, Precinct #1 - ABSENT Vern Lyssy Commissioner, Precinct #2 Clyde Syma Commissioner, Precinct #3 Gary Reese Commissioner, Precinct #4 Anna Goodman County Clerk Catherine Sullivan Deputy County Clerk 3. INVOCATION &PLEDGE OF ALLEGIANCE (AGENDA ITEM NO. 2 & 3) Invocation — Commissioner Clyde Syma Pledgo to US Flag &Texas Flag —Commissioner Gary Reese/Vern Lyssy Page 1 of 5 Commissioners' Court—OCTOBER 16, 2019 4. General Discussion of Public matters and Public Participation. NI 5. Approve the minutes of the September 25, 2019 meeting. IL 6. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO.06) To place proceeds from Lone Star Auction in the amount of $4020.00 into the 2019 Capital Outlay — Precinct 2 account (1000-55040850). (VL) 7. CONSIDER AND TAKE NECESSARY ACTION (AGENDA TTEM N0.07) To nominate Commissioner Vern Lyssy as a candidate to the Calhoun County Appraisal Board for a two year term to begin 3anuary 1, 2020 and ending December 31, 2021, (RM) Page 2 of 5 Commissioners' Court- OCTOBER 16, 2019 8. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM N0.8) To approve the Final Plat of the Replat of Lots 1, 2 and 3 in Block 164 of the Part O'Connor Townsite Subdivision, being 0.48 acre Subdivision, Volume 21 Page 001 Calhoun County Deed Records, Santiago Gonzales Survey, Abstract No. 19, Calhoun County, Texas. (GR) 9. CONSIDER AND TAKE NECESSARY ACTION (AGENDA TTEM N0.9) On insurance refund from TAC in the amount of $2,500 for the deductible originally reduced from the proceeds received for damages to a Sheriff Office vehicle from the 05/16/2019 accident. (RM) 10. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO.10) To appoint Linda Bournias to replace Jake Ondreas on the Calhoun County Parks Board. (VL) Page 3 of S Commissioners' Court—OCTOBER 16, 2019 11. CONSIDER AND TAKE NECESSARY ACTION (AGENDA TTEM NO. 11) To declare items on the Tax Assessor Collector inventory as surplus and remove from inventory. (see attached) (RM) 12. Accept reports from the following County Offices: 1. District Clerk's Office —September 2019 2. Justice of the Peace, Precinct 1— September 2019 3. Justice of the Peace, Precinct 2 — September 2019 4. Justice of the Peace, Precinct 5 — September 2019 5. Sheriff's Office — September 2019 13. Consider and take necessary action on any necessary budget adjustments. Page 4 of 5 Commissioners' Court — OCTOBER 16, 2019 14. Approval of bills and payroll. (RM) AD]OURNED: 10:14 A.M. Page 5 of 5 Commissioners' Court—OCTOBER 23, 2019 6. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 06) To place proceeds from Lone Star Auction in the amount of $4020.00 into the 2019 Capital Outlay — Precinct 2 account (1000-550-70850). (VL) No action taken. Page 4 of 18 Commissioners' Court -OCTOBER 23, 2019 7. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 07) Regarding the termination of health and dental insurance for Memorial Medical Center's Board of Managers and their families. (RM) No action taken. Page5of18 Commissioners' Court-OCTOBER 23, 2019 8. Public Hearing to regulate/maintain a speed limit on Lane Road of 45 mph from State Hwy 185 to Welder Flats Road. (GR) Commenced: 10:03 a.m. Closed: 10:05 a.m. Page 6 of 18 Gary D. Reese County Commissioner County of Calhoun Precinct 4 October 15, 2019 Honorable Richard Meyer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Meyer: Please place the following item on the Commissioners' Court Agenda fox October 23, 2019. • Public Hearing to regulate/maintain speed limit on Lane Road of 45 mph from State Hwy 185 to Welder Flats Road, Sincerely, Gary D. Reese GDR/at P.O. Box 177 � SeadriQ Texas 77983 _email: gary.reese(u�calhouncotx.ore -- (361) 785-3141 —Fax (361) 785-560Z Commissioners' Court—OCTOBER 23, 2019 9. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 9) To regulate/maintain speed limit on Lane Road of 45 mph from State Hwy 185 to Welder Flats Road. (GR) RESULT: APROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 7 of 18 Gary D. Reese County Commissioner County of Calhoun Precinct 4 October 15, 2019 Honorable Richard Meyer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Meyer: Please place the following item on the Commissioners' Court Agenda for October 23, 2019. • Consider and take necessary action to regulate/maintain speed limit on Lane Road of 45 mph from State Hwy 185 to Welder Flats Road, Sincerely, Gary D. Reese GDR/at P.O. Box 177 _Seadrift, Texas 77983 � email: !'� reese(�ycalhouncotx.ore � (361) 785-3141 —Fax (361) 785-5602 Commissioners' Court—OCTOBER 23, 2019 10. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 10) To approve amending the District Attorney's forfeiture fund in the amount of $833.00 to compensate for the shortage of funds the State Longevity Payments and FICA for Shannon Salyer, James D. Henderson, and Sara Rodriguez. (RM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Clyde Syma, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma,`Reese Page 8 of 18 Criminal District Calhoun County, Texas F„r r th RANDY R. CRIDER Investigator ALICiA E GONZALES Victim Assistance Coordinator October I5, 2019 Hon. Richard Meyer Calhoun County Judge P.O. Hox I001 •2L1 South Ann Street Port Lavaca, Texas 77979 (361) 5534422 • Fax (361) 553.4421 Calhoun County Commissioners Court RE: Forfeiture Fund Dear Judge Meyer and Commissioners: SHANNON E. SALYER Assistant Criminal District Attorney DAMES D. HENDERSON Assistant Criminal District Attorney SARA M. RODRIGUE`L Assistant Criminal District Attorney This letter is to advise you that I am amending the 2019 budget of the Forfeiture Fund in the amount of $833.00 to compensate the shortage of funds for the State Longevity Payments and FICA for Shannon Salyer, James D. Henderson, and Sara Rodriguez. As per Chapter 59 of the Code of Criminal Procedure, I have to advise Commissioner's Court of a change in the forfeiture budget. Accordingly, please place this on the next available Commissioner's Court agenda. Thank you for your attention to this matter. V�e�y t uly yours, f D'AN W. HEARD, Criminal District Attorney for Calhoun County, Texas DWH:laj Commissioners' Court—OCTOBER 23, 2019 11. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 11) To transfer County Asset #22-0234, 1994 Chevrolet S10 truck to the Sheriff's Office and remove from the Road & Bridge, Pct 2's fixed asset list. (VL) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 9 of 18 Vern Lyssy Calhoun County Commissioner, Precinct #2 5812 FM 1090 Port Lavaca, TX 77979 October 16, 2019 Honorable Richard Meyer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Meyer: (361) 552-9656 Fax (361) 55M664 Please place the following item on the agenda for the next Commissioners' Court • Consider and take necessary action to transfer County Asset # 22-0234, 1994 Chevrolet S10 Truck to the Sheriff's Office and remove from the Road & Bridge, Pct. 2's fixed asset list. Sincere , Vern Lyssy Commissioner, Pct, 2 Commissioners' Court — OCTOBER 23, 2019 12. CONSIDER AND TAKE NECESSARY ACTION (ITEM NO. 12) To approve the specifications and authorize the County Auditor to advertise for insecticides for mosquito control, Bid Number 2020-01 for the period beginning January 1, 2020 and ending December 31, 2020. Bids will be due 2:00 pm Wednesday, November 20, 2019 and considered for award on Wednesday, December 11, 2019. (RM) Remove items #3, 4, 71 13, 14, & 15. No changes to the specs. RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 10 of 18 LIST OF INSECTICIDES FOR MOSQUITO CONTROL BID NUMBER: 2020-01 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 See Invitation to Bid Form (pages 21-241 for the active ingredients. BID ITEM #1: Mineral Oil BID ITEM #2: Malathion � 30-30 ULV BID ITEM #5: BID ITEM #6: 31-66 ULV BID ITEM #8: 4-8 ULV BID ITEM #9: Altosid 30 Day Briquets or Equivalent BID ITEM #10: Altosid XR Extended Residual Briquets or Equivalent BID ITEM #11: Deltagard or Equivalent BID ITEM #12: Fourstar Sustained Release 45/90/180 Day Microbial Briquets or Equivalent Page 4 of 43 LIST OF INSECTICIDES FOR MOSQUITO CONTROL BID NUMBER: 2020-01 BID PERIOD: 1ANUARY 1, 2020 thru DECEMBER 31, 2020 See Invitation to Bid Form (pages 21-241 forthe active ingredients. BID ITEM #1: Mineral Oil BID ITEM #2: Malathion BID ITEM #5: 30-30 ULV BID ITEM #6: 31-66 ULV BID ITEM #8: 4-8 ULV BID ITEM #9: Altosid 30 Day Briquets or Equivalent BID ITEM #10: Altosid XR Extended Residual Briquets or Equivalent BID ITEM #11: Deltagard or Equivalent BID ITEM #12: Fourstar Sustained Release 45/90/180 Day Microbial'Briquets or Equivalent Page 4 of 43 CINDY MUELLER CALHOUN COUNTY AUDITOR Calhoun County Courthouse Annex II 202 S Ann St, Ste B Port Lavaca TX 77979 (361) 5534610 TO: RICHARD H. MEYER, COUNTY JUDGE FROM: AUDITORS OFFICE DATE: October 16, 2019 RE: AGENDA ITEM — OCTOBER 23, 2019 Please place the following on the October 23, 2019 Commissioners' Court Agenda. ► Consider and take necessary action to approve the specifications and authorize the County Auditor to advertise for Insecticides for Mosquito Control, Bid Number 2020-01 for the period beginning January 1, 2020 and ending December 31, 2020. Bids will be due 2:00 PM Wednesday, November 20, 2019 and considered for award on Wednesday, December 11, 2019. CALHOUN COUNTY, TEXAS INVITATION TO BID ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSQUITO CONTROL Bid Number: 2020-01 Bid Period: January 1, 2020 thru December 31, 2020 BIDS WILL BE RECEIVED UNTIL 2:00 PM. Wednesday. November 20, 2019 ATTHE OFFICE OF Richard H. Meyer, CountyJud�e, Calhoun County Courthouse, 211 S. Ann St.. Suite 301, Port Lavaca, TX 77979 Public Bid Opening will be conducted at 2:00 PM, Wednesday, November 20, 2019 in the County Judge's office, Calhoun County Courthouse, 3'd Floor, Suite 301, Port Lavaca, Texas Page 1 of 43 CONTENTS Invitation to List of Insecticides for Mosquito Control................................................................................................................................4 ReturnInstructions.......................................................................................................................................................................................6 General Conditio Specifications for Insecticides for Mosquito Control...................................................................................................17-20 Invitation to Bid Forms For Insecticides for Mosquito Control..........................................................................21-24 Contact and Billing Information for Calhoun County Preci Affidavit................................................................................................................................................................................................................... 26 Certificate of Interested Parties Form 1295 (Sample Copy Only)....................................................................27-28 Certificateof Liability Insurance........................................................................................................................................................29 Certification Regarding Debarment &Suspension and Other Responsibility Matters................30-32 Conflict of Interest Questionnaire Form HouseBill 89 Verification........................................................................................................................................................................35 ResidenceCertification.............................................................................................................................................................................36 Vendor and Order Information Page 2 of 43 INVITATION TO BID BY ORDER OF the Commissioners' Court of Calhoun County, Texas, sealed bids will be received for: ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSSQUITO CONTROL Bid Number: 2020-01 Bid Period: January 1, 2020thru December 31, 2020 BID PACKAGES: May be obtained by contacting 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: Pesgy.hall@calhouncotx.ore Or on the county's website: www.calhouncotx.orunder Bid Notices and Results DEADLINE FOR SUBMISSION OF BIDS: By 2:00 PM, Wednesday, November 20, 2019 Return entire Invitation To Bid package (pages 1-43) and all required forms. SUBMISSION OF BIDS: Sealed bid shall be submitted to Richard H. Meyer, County Judge Calhoun County Courthouse 211 S Ann St, Suite 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 Number: 2020-01 If you send your bid by UPS, FEDEX, etc., the outside of this envelope must be clearly marked: SEALED BID — INSECTICIDES FOR MOSQUITO CONTROL— Bid Number: 2020-01 Calhoun County is always very conscious and extremely appreciative of the time and effort a vendor expends 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". BID OPENING: Public bid opening will be conducted at 2:00 PM, Wednesday, November 20, 2019 in the County Judge's Office, Calhoun County Courthouse, 3'd Floor, Suite 301, Port Lavaca,Texas BID AWARD: Award information will be sent to all vendors that submitted a bid regardless if the vendor was awarded a bid or not. Bid awards will be posted on the county's website (www.calhouncotx.or) under Bid Notices and Results as soon as time permits. Page 3 of 43 LIST OF INSECTICIDES FOR MOSQUITO CONTROL BID NUMBER: 2020-01 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 See Invitation to Bid Form (pages 21-24) for the active ingredients. BID ITEM #1: Mineral Oil BIT ITEM #2: Malathion BID ITEM #3: 1.5 ULV BID ITEM #4: 20-20 ULV BID ITEM #5: 30-30 ULV BID ITEM #6: 31-66 ULV BID ITEM #7: 4-4 ULV BID ITEM #8: 4-8 ULV BID ITEM #9: Altosid 30 Day Briquets or Equivalent BID ITEM #10: Altosid XR Extended Residual Briquets or Equivalent BID ITEM #11: Deltagard or Equivalent BID ITEM #12: Fourstar Sustained Release 45/90/180 Day Microbial Briquets or Equivalent BID ITEM #13: ULV Mosquito Master 412 or Equivalent BID ITEM #14: Summit BTI Briquets or Equivalent BID ITEM #15: Sustain MBG Biological Larvicide or Equivalent Page 4 of 43 RETURN INSTRUCTIONS For Submitting a Bid for ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSQUITO CONTROL Bid Number: 2020-01 Bid Period: January 1, 2020 thru December 31, 2020 Return the following; by 2:00 PM, WEDNESDAY, NOVEMBER 20, 2019 The ENTIRE Invitation To Bid Package (pages 1-43) with all required forms included and or filled out, signed and dated must be returned by the time and date due. Check list for submitting your eid: Be sure all necessary forms are included and or completed, signed and dated Return one original Bid (Pages 1-43) — Be sure to include Material Information &Safety Data Sheets, Form 1295 and Certificate of Liability Insurance Be sure to complete the following. If a question or form is not applicable, mark the question orform with '%VA" Invitation to Bid Forms (pages 21-24) Affidavit (page 26) Certificate of Interested Parties, Form 1295 (pages 27-28) Form 1295 must be completed online —Copy that is included is Sample Copy Only Do Not Fill Out Sample Copy. Form 1295 must be completed online. #1: Vendor's Name, City, State and Country #2: Calhoun County, Texas #3: Bid Number: 2020-01; Insecticides for Mosquito Control, January 1 thru December 31, 2020 On N4 and lf5, complete only [he one that annlies to vaur comoonv #4: Fill in the correct information OR #5: Mark an X in the Box #6: Fill in the correct information and print When you print you should see a Certificate Number and Date Filed in [he upper right hand box that is marked "Office Use Only'. Be sure that all of 1t6 is completed and signed. Do not leave out any information. This form does not need to be notarized. It is now an Unsworn Declaration. Certificate of Liability Insurance (page 29) Please provide a copy of your Certificate of Liability Insurance (proof of required coverage) Once bids are awarded, the vendor that is awarded a bid must provide a Certificate of Liability Insurance that reflects that Calhoun County (certificate holder) is an additional insured on general liability subject to the conditions of the additional insured) Certification Regarding Debarment &Suspension and Other Responsibility Matters (pages 30-32) Conflict of Interest Questionnaire, Form CIQ (pages 33-34) House Bill 89 Verification (page 36) Residence Certification (page 36) Vender and Order Information Form (page 37) W-9 (page 38) Do Not Fold any of the above information. Bid must be returned in a sealed 9 x 12 or larger envelope clearly marked: Sealed Bid —Insecticides for Mosquito Control —Bid Number: 2020-01 If you send your bid by UPS, FEDEX, etc., the outside of this envelope must be clearly marked: Sealed Bid —Insecticides for Mosquito Control —Bid Number: 2020-01 Submit Sealed Bid to: Richard H. Meyer, County Judge Calhoun County Courthouse 211 S. Ann St., Suite 301 Port Lavaca, TX 77979 Page 5 of 43 CALHOUN COUNTY, TEXAS GENERAL CONDITIONS Read all documents carefully. Follow all instructions. Vendors are responsible for fulfilling all requirements and specifications. General Conditions apply to all advertised bids, proposals and/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. Governin¢ Law: Vendor is advised that the Invitation to Bid, Request for Proposal and/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 and/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 Calhoun County 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, proposal and/or contract 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, proposal and/or contract 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 in ink must be clear and legible. Bid. Proposal and/or Contract Return: On or before the due date and time, the bidder 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. Page 6 of 43 The clock in the Calhoun 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 Calhoun 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 the vendor would like to confirm the delivery of their bid, proposal and/or contract, the vendor may call the Calhoun County Judge's office at 361-553-4600. Late bids, proposals and/or contracts will not be accepted. Bids, proposals and/or contracts received after the deadline will not be opened and shall be considered void and unacceptable. Bids, proposals and/or contracts must be submitted in a sealed 9 x 12 or larger envelope, addressed as follows: Richard H. Meyer, County Judge, Calhoun County Courthouse, 211 S. Ann St., 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 and bid, proposal and/or contract number, if any, must also be clearly stated. Withdrawal of BID. Proposal and/or Contract: A vendor may withdraw their bid, proposal and/or contract before Calhoun County's acceptance of the bid, proposal and/or contract without prejudice to the vendor, by submitting a written request for its withdrawal to the Calhoun 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 bidder that received a bid, proposal and/or contract package the addendum once it has been approved by Calhoun County Commissioners' Court. No addendum can be sent out until Calhoun County Commissioners' Court has approved the addendum. Page 7 of 43 Hold Harmless Agreement: The 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 bidder'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 and/or contract. Certification of such coverage must name Calhoun County as an additional insured and be provided to Calhoun County upon request. Waiver of Subrogation: Vendor and vendors 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 sales tax (state, city and county sales tax) and federal excise taxes. Tax exempt forms will be furnished upon request to the Calhoun County Auditor's Office. Pricin 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 and must be legible. 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. Where unit pricing and extended pricing differ, unit pricing prevails. Inspections: Calhoun County reserves the right to inspect any items) 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. Page 8 of 43 Material Safety Data Sheets: Under the "Hazardous Communications Act", commonly known as the "Texas Right To Know Act", a vendor must provide to Calhoun County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the vendor to furnish this documentation will be cause to reject any bid, proposal and/or contract applying thereto. Awards: Calhoun County reserves the right to award this bid, proposal and/or contract on the basis of lowest and/or 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, Calhoun County will evaluate and award a bid, proposal and/or contract based on lowest and best bid, proposal, and/or contract meeting specifications. "Lowest and best bid, proposal and/or contract" 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 and/or proposed as it deems to be in the best interest of the County. An award is final only upon formal execution by 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). Calhoun County, Texas is an Affirmative Action/Equal Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identity, religion, age or handicapped status in employment or the provision of services. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms are encouraged to submit bids, proposals and/or contracts. Assienment: 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: Bids, proposals and/or contracts are awarded only upon formal execution by Calhoun County Commissioners' Court. If a contract is required, the Calhoun County Judge or other person authorized by Calhoun County Commissioners' Court must sign the contract before it becomes binding on Calhoun County. No person is authorized to sign contracts and/or agreements until authorized by Calhoun County Commissioners' Court. Page 9 of 43 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 Calhoun County to purchase supplies from the next lowest vendor that met specifications. Rejections: Articles not in accordance with samples and specifications must be removed by the vendor at the bidder's expense. All disputes concerning quality of supplies, products, and/or services delivered under this bid, proposal and/or contract will be determined by Calhoun County 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 Calhoun County. 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. If the vendor subsequently becomes delinquent in the payment of Calhoun County taxes this may be grounds for cancellation of the bid, proposal and/or contract. Despite anything to the contrary, if the vendor is delinquent in payment of Calhoun County taxes at the time of invoicing, vendor assigns any payments to be made under this bid, proposal and/or contract to the Calhoun County Tax Assessor Collector for the payment of delinquent taxes. 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. Page 10 of 43 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_form1295.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 profit or 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 must 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 and complete the bottom portion of 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 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 vendor 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. Page 11 of 43 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 Calhoun County Auditor's Office. Invoices shall be billed to Calhoun County to the attention of the County Department that the invoice pertains to and, if applicable, have all necessary backup information needed. Invoices shall be itemized (detailed) and free of sales tax (state, city and county sales tax) and federal excise taxes, if applicable. Invoices that are not billed to Calhoun County to the attention of the County Department that the invoice pertains to, not itemized (detailed) and/or free of sales tax (state, city and county sales tax) and federal excise taxes, if applicable, may be returned to the vendor for corrections. Calhoun County will not incur any fees and/or charges for this request and/or delay in payment of the invoices) that was originally submitted incorrectly. Payment of all invoices will be made once the purchase order and invoices) are properly and timely submitted to the Calhoun County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the Calhoun County Treasurers 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 Calhoun County 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 Calhoun 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 Calhoun 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 bidder in providing such gratuities. Warranty Product: Vendor warrants that products sold and/or services provided Calhoun County shall conform to the highest commercial and/or professional standards in the industry and laws established by the U.S. Department of Labor, U.S. Department of Homeland Security, Occupational Safety and Health Administration and OSHA Act of 1970. Page 12 of 43 In the event products sold and/or services provided do not conform to OSHA Standards, where applicable, Calhoun County shall return the product for correction or replacement at the vendor's expense. In the event that services do not conform to OSHA Standards, Calhoun County may immediately stop the services and seek reimbursement for said services at the vendor's expense. In the event the vendor fails to make the appropriate correction within a reasonable time, correction made by Calhoun County shall be at the vendor's expense. Vendor shall not limit or exclude any implied warranties and any attempt to do so shall render this bid, proposal and/or contract voidable at the option of Calhoun County. Vendor warrants that the goods and/or services furnished will conform to the specifications, general conditions, drawings, and/or descriptions 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, general conditions, drawings, and/or descriptions, the specifications shall govern. All items must be new, in first class condition, unless otherwise specified. The design, strength and quality of materials must conform to the highest standards of manufacturing practice. Items supplied under this bid, proposal and/or contract shall be subject to Calhoun County's approval. Successful vendor shall warrant that all items/services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Any items found defective or not meeting specifications shall be picked up and promptly replaced to Calhoun County's satisfaction by the successful vendor at no expense to Calhoun County. 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 bidder 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. Calhoun County shall not incur any fees and/or charges related to the cancellation. 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. Page 13 of 43 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: To the extent it is applicable, 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 as effective and in force on the date of this bid, proposal and/or contract. Otherwise, Texas state and federal law shall apply. Prohibition aeainst Personal Interest in Bids, Proposals and/or Contracts: No officer or employee of Calhoun County shall have financial interest, direct or indirect, in any bid, proposal and/or contract with Calhoun County, or shall be financially interested, directly or indirectly, in the sale to Calhoun County of any land, materials, supplies, or service, except on behalf of Calhoun 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 Calhoun 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 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 orgreater) 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, Texas is an additional insured on the General Liability coverage. Each insurance policy to be furnished by successful bidder 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. Page 14 of 43 OSHA Requirements: Vendor must meet all Federal and State OSHA requirements. The vendor or contractor hereby guarantees to Calhoun County that all materials, supplies, equipment and/or services listed on the bid, proposal and/or contract, purchase order or invoice shall conform to the requirements, specifications and standards promulgated by the U.S. Department of Labor under the 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 Calhoun 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 Calhoun County Commissioners' Court. If the Calhoun County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Calhoun County CommissionersCourt. Applicable documentation and other information applying to the protest will be forwarded to Calhoun County Commissioners' Court, who will promptly review such documentation and information. If additional information is required, Calhoun County Commissioners' Court will notify the protesting party to provide such information. The decision of Calhoun County 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. Page 15 of 43 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.or� To request a bid and/or proposal package from Calhoun County, please contact: 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: Pesev.hall@calhouncotx.ore Bid and/or proposal packages may also be viewed on Calhoun County's website, www.calhouncotx.org, under Bid Notices and Results. Page 16 of 43 SPECIFICATIONS FOR INSECTICIDES FOR MOSQUITO CONTROL BY ORDER of the CommissionersCourt of Calhoun County, Texas, sealed bids will be received for Insecticides for Mosquito Control as needed by the Road and Bridge Precincts. See enclosed Contact and Billing Information for Calhoun County Precincts (page 25) for complete information and location on each of the Road and Bridge Precincts. TO BE A VALID BID. THE FOLLOWING MUST BE RETURNED BY THE TIME AND DATE DUE The entire Invitation To Bid Package (pages 1-43) with all required forms included and/or filled out, signed and dated. DEADLINE FOR BID SUBMISSION IS 2:00 PM, Wednesday, November 20, 2019 SUBMISSION OF BIDS Sealed bid shall be submitted to: Richard H. Meyer, County Judge Calhoun County Courthouse 211 S. Ann St., Suite 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 Number: 2020-01 If you send your bid by UPS, FEDEX, etc., the Sealed Bid — outside of this envelope must be clearly marked: Number: 2020-01 Insecticides for Mosquito Control — Bid BID TERM The bid shall be in effect for a period of twelve (12) months beginning January 1, 2020 and ending December 31, 2020, BID INFORMATION/REQUIREMENTS To submit a valid bid, read the entire Invitation To Bid for all required information that must be included and all required forms that must be filled out, signed and dated and returned. 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". 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. If handwritten, must be in ink and legible. Page 17 of 43 A complete list of Insecticides for Mosquito Control can be found on page 4. Vendor may bid on any or all Insecticides for Mosquito Control. Insecticides for Mosquito Control shall be ordered in quantities as determined by each Calhoun County Commissioner. Calhoun County is EXEMPT from all Sales Tax (county, city and state sales tax) and all Federal Excise Taxes, if applicable. One (1) copy of the Material Information &Safety Data Sheets) listing the active ingredients and safety instructions for each insecticide the vendor is submitting a bid on MUST be included with the vendor's bid. (Example: Bids turned in for Mineral Oil and Malathion — you would return the entire Invitation To Bid Package, other required forms 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) Delivery shall be FOB Destination to the designated Calhoun County Precinct. All charges, including freight or handling charges, must be included in bid price or clearly stated on bid form. Additional charge listed separately, if any, will increase the amount of the bid. Any exceptions and or variations from the specifications in this bid document must be indicated on the bid form or on a separate attachment to the bid and labeled as such. Exceptions taken and/or variations made to the specifications and listed on the vendor's bid or separate attachment may void the bid. The request for a bid on a product does not guarantee that Calhoun County will purchase this product during the bid period. Calhoun County does not guarantee to purchase any minimum or maximum quantities. The products will only be ordered as needed. When required, all products ordered will be delivered to the Calhoun County Precinct within 24 hours from time of order. In the event the vendor is unable to deliver the products) ordered within 24 hours from time of order, Calhoun County reserves the right to cancel the order and re -order the said product(s) from the vendor which submitted the next lowest bid that met specifications and can deliver within 24 hours from time of order. Calhoun County shall not incur any penalties, fees and/or other charges when cancelling an order. Vendor shall be required to notify Calhoun County in the event of unforeseen delay arising in the delivery of an order. In the event an order will not arrive at the Calhoun County Precinct at the designated time, Calhoun County shall have the right to refuse acceptance of the order and Calhoun County shall not be accessed any penalties, fees and/or other costs due to this refusal. Calhoun County or the vendor have the right to cancel the delivery of a product(s) at any time due to weather and/or road conditions. No penalties, fees and/or other charges will be billed to Calhoun County if the delivery of a product(s) is cancelled by Calhoun County or the vendor due to weather and/or road conditions. Page 18 of 43 The County reserves the right to refuse any order delivered for not being in compliance with the specifications, general conditions and/or the "Hazardous Communications Act", commonly known as the "Texas Right To Know Act". The vendor, at the vendor's cost, shall immediately remove the products) from the Calhoun County Precinct that are deemed unsatisfactory, and are not in compliance with the specifications, general conditions and/or do not meet State and/or Federal Regulations. No penalties, fees, and/or other charges will be billed to Calhoun County for the removal of the product(s) from the Calhoun County Precinct, Safety Data Sheets and Placards, if applicable, must be furnished at the time of delivery as specified by State and/or Federal Regulations. Calhoun County reserves the right to conduct random sampling of pre -qualified products for testing and to perform random audits of test reports. Calhoun County representatives may sample products from the manufacturing plant, terminal, shipping container and any other source they deem necessary to insure reliability of the products. If testing will be performed through a third party, the vendor will be required to allow the third party access to the facilities in order to acquire samples for testing. Regardless of results of any product(s) test required by Calhoun County, all costs incurred for such tests shall be paid for by the vendor. The award of a bid will be voided if specifications, general conditions and/or instructions within this Invitation To Bid are not followed. The bid would then be awarded to the vendor which submitted the next lowest bid that met specifications and all requirements of the Invitation To Bid. All Calhoun County Precincts handle their own orders; therefore invoices shall be billed to each Calhoun County Precinct separately. Invoices shall not include other charges, including freight or handling charges, when invoiced unless these charges were noted on the bid form or separate attachment and awarded as such. All invoices must be billed to Calhoun County to the attention of the Calhoun County Commissioner and Precinctorderingthe pro duct(s). Product description per bid specifications, awarded bid price per unit, or other charge, if any other charge was included in the award, must appear on all invoices in order to be considered for payment. Invoices shall be free from sales tax (county, city or state sales tax) and federal excise taxes, if applicable. Invoices shall include a copy of the delivery ticket and/or packing slip that shows confirmation of delivery. It is understood that Calhoun County Commissioners' Court 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 most advantageous and in the best interest of Calhoun County. Page 19 of 43 Calhoun County will evaluate and award bid based on lowest and best bid meeting specifications and all requirements of the Invitation To Bid. "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 Calhoun County. Although the cost of products) to be provided is an essential part of the bid, Calhoun County is not obligated to award a bid (contract) on the sole basis of cost but will award to the vendor considered to be the best value to the Calhoun County. The bid award shall be based on, but not necessarily limited to, the following factors: • Unit price • Extended price • Special needs and requirements of Calhoun County • Delivery • Compliance in returning and/or including all required forms • Results of testing samples (if required by Calhoun County) • Calhoun County's experience with products bid • Vendor's past performance record with Calhoun County If bids are awarded, award information will be mailed and/or emailed to all vendors that submitted a bid regardless if the vendor was awarded a bid or not. Calhoun County Commissioners' Court and the County Auditors office work diligently to get this information to the vendors as soon as possible. To obtain results, or if you have any questions, please contact Peggy Hall, Calhoun County Assistant Auditor, 202 S. Ann St., Suite B, Port Lavaca, Texas 77979, or by phone or email, (361) 553-4610, Peggy.hall calhouncotx.ora. As time permits, bid awards will be posted on Calhoun County's website, www.calhouncotx.org, under Bid Notices and Results. Once bids are awarded by Calhoun County Commissioners' Court, this bid package in its entirety will be the working contract between Calhoun County and the successful bidder for the period designated. Calhoun County or the vendor may cancel this contract at any time for any reason, provided a written notice is given. Should there be a change in ownership or management, the bid (contract) shall be cancelled unless a mutual agreement is reached with the new owner or manager to continue the bid (contract) with its present provisions and prices. Vendor understands that Calhoun County is a government entity subject to Texas State and Federal public information statues. Vendor hereby waives any obligation to the release to the public of any documents submitted in accordance with the bid. No person has the authority to verbally alter these specifications or any information within the Invitation To Bid. Any changes will be made in writing (Addendum approved by Calhoun County Commissioners' Court) and mailed and or emailed to each vendor that received a bid package. All disputes or protests will be held in Calhoun County, Texas. Page 20 of 43 CALHOUN COUNTY, TEXAS INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSQUITO CONTROL Bid Number: 2020-01 Bid Period: January 1, 2020 thru December 31, 2020 Vendors' Name &Address Calhoun County Commissioners' Court is accepting sealed bids for the below Insecticides for Mosquito Control as needed by the Road and Bridge Precincts. See Contact and Billing Information for Calhoun County Precincts (page 25) for complete information and location on each of the Road and Precincts. Please Type. If handwritten, must be in ink and legible. See Return Instructions, General Conditions and Specifications for requirements BID ITEM #1 Mineral Oil 50 Gallon Drum $ /per 50 Gallon Drum 55 Gallon Drum $ /per 55 Gallon Drum 275 Gallon Tote $ /per 275 Gallon Tote F List Name of Mineral Oil BID ITEM #2 Malathion <—List Insecticide Name Active Ingredients: Malathion 96.5%; Other 3.5% 55 Gallon Drum $ /per 55 Gallon Drum 4 or more 55 Gallon Drums $ /per 55 Gallon Drum 260 Gallon Tote $ /per 260 Gallon Tote 4 or more 260 Gallon Totes $ /per 260 Gallon Tote BID ITEM #3 1.5 U LV �— List Insecticide Name Active Ingredients: Chlorpyrifos 19.36%; Other 80.64% 2 x 2.5 Gallon Case $ /per Case - 2 x 2.5 Gallon 30 Gallon Drum $ /per 30 Gallon Drum 55 Gallon Drum $ /per 55 Gallon Drum Page 21 of 43 Invitation To Bid Form - Annual Supply Contract for Insecticides for Mosquito Control - Bid Number 2020-01 -- CONTINUED BID ITEM #4 20=20 ULV List Insecticide Name Active Ingredients: Permethrin 20.6%; Piperonyl Butoxide 20.6%; Other 58.8% 2 x 2.5 Gallon Case $ /per Case - 2 x 2.5 Gallon BID ITEM #5 30m30 ULV F List Insecticide Name Active Ingredients: Permethrin 30%; Piperonyl Butoxide 30%; Other 40% 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 BID ITEM #6 31-66 ULV List Insecticide Name Active Ingredients: Permethrin 31.28%; Piperonyl Butoxide 66%; Other 2.72% 4 x 1 Gallon Case $ /per Case - 4 x 1 Gallon 2 x 2.5 Gallon Case $ /per Case - 2 x 2.5 Gallon 30 Gallon Drum $ /per 30 Gallon Drum BID ITEM #7 4-4 ULV F List Insecticide Name Active Ingredients: Permethrin 4%; Piperonyl Butoxide 4%; Other 92% 2 x 2.5 Gallon Case $ /per Case - 2 x 2.5 Gallon 3C Gallon Drum $ /per 30 Gallon Drum 55 Gallon Drum $ /per 55 Gallon Drum 275 Gallon Tote $ /per 275 Gallon Tote Page 22 of 43 Invitation To Bid Form - Annual Supply Contract for Insecticides for Mosquito Control - Bid Number 2020-01 -- CONTINUED BID ITEM #8 4-8 ULV List Insecticide Name Active Ingredients: Permethrin 3.98%; Piperonyl Butoxide 8.48%; Other 87.54% 2 x 2.5 Gallon Case $ /per Case - 2 x 2.5 Galion 5 Gallon Pail $ /per 5 Gallon Pail 30 Gallon Tote $ /per 30 Gallon Tote 55 Gallon Drum $ /per 55 Gallon Drum 275 Gallon Tote $ /per 275 Gallon Tote BID ITEM #9 Altosid 30 Dav Briquets OR 400 Per Case $ BID ITEM #10 Altosid XR Extended Residual Briauets OR 220 Per Case /per case /per case F List Insecticide Name F- List Insecticide Name BID ITEM #11 Deltagard OR Equivalent List Insecticide Name Active Ingredients: Deltamethrin 2%; Other 98% 2 x 2.5 Gallon Case $ /per Case - 2 x 2.5 Gallons 30 Gallon Drum $ /per 30 Gallon Drum 250 Gallon Tote $ /per 250 Gallon Tote BID ITEM #12 Pourstarsustained Release Microbial Briauets OR 45 Day ----- 200 Per Case $ /per case m Day ----- 200 Per Case $ /per case 180 Day-----200 Per Case $ /per case f- List Insecticide Name Page 23 of 43 Invitation To Bid Form -Annual Supply Contract for Insecticides for Mosquito Control -Bid Number 2020-01 -- CONTINUED BID ITEM #13 ULV Mosquito Master 412 OR Equivalent 55 Gallon Drum $ /per 55 Gallon Drum BID ITEM #14 Summit BTI Briquets OR 100 Per Case $ /per case BID ITEM #15 Sustain MBG Biolorical Larvicide OR Equivalent � 1 r :.: F— List Insecticide Name F— List Insecticide Name F— List Insecticide Name 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 the return instructions, general conditions and specifications. FAILURE TO SIGN BELOW WILL DISQUALIFY THE BID. Authorized Signature &Title: Type Name &Title of Authorized Signature: Date of Bid: Exceptions and or Variations from Specifications or additional Notes: Page 24 of 43 CALHOUN COUNTY, TEXAS CONTACT AND BILLING INFORMATION FOR CALHOUIV COUNTY PRECINCTS Calhoun County Precinct 1 Commissioner David Hall 305 Henry Barber Way (by the County Fairgrounds) Port Lavaca, TX 77979 Office Manager: Angela Torres 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 Manager: Lesa Jurek 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 Manager: Lynette Adame Office: 361-893-5346 Fax: 361-893-5309 Calhoun County Precinct 4 Precinct 4-P (Port O'Connor) Commissioner Gary Reese Trevor St off of Hwy 185 Port O'Connor, TX 77982 Office Manager: April Townsend Use same numbers as Seadrift (4-S) Calhoun County Precinct 4 Precinct 4-S (Seadrift) Commissioner Gary Reese 104 E Dallas St PO Box 177 Seadrift, TX 77983 Office Manager: April Townsend Office: 361-785-3141 Fax: 361-785-5602 Page 25 of 43 STATE OF TEXAS {} AFFIDAVIT COUNTY OF CALHOUN {} The undersigned certifies that the bid prices contained in this bid have been carefully checked and are submitted as correct and final and if bid is accepted, agrees to furnish any and/or all items upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications and General Conditions. 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 affirm that I am duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this Bid in collusion with any other Bidder. 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. The contents of this Bid as to prices, terms or conditions of said Bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this Bid. Affiant Printed Name and Title of Affiant Name of Bidder (Company) Address Phone Number Fax Number Email Address 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 Notary Public in and for Texas Page 26 of 43 CERTIFICATE OF INTERESTED PARTIES FORM 1295 OFFICE USE ONLY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. ♦`� 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. `�` ` 1. 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 3 Provide the identification number used by the governmental entity or state agency t�o�,t�y��/�J�k' Q identify the contract, and provide a description of the services, goods, or other property to be provided u e contract. V 4 City, State, Country ature of Interest (check applicable) Name of Interested Party (place of business) � � Controlling Intermediary � r 5 Check only if there' I terested Party. ❑ 6 UNSWORN DEC�L1@ N My name is �`` ,and my date of birth is My addre�� , �-�`J' (street) (city) (state) (zip code) (country) ��dc�l� under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017 Page 27 of 43 Calhoun County, Texas POLICY OF COMPLIANCE SECTION 2252.908 TEXAS GOVERNMENT CODE Approved by Commissioners on January 28, 2016 Amended by Commissioners Court January 31, 2018 BACKGROUND Section 2252.908 was added to the Government Code by the 84°i Texas Legislature through the adoption of House Bill 1295. The law states that the County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) is provided to the county at the time the contract is considered for action by Commissioner's 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. The law does not apply to a contract between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within 30 days of approving a contract with a business entity. Governmental transparency is the objective of the law. Senate Bil► 255 adopted by the 85`h 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 unworn 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 httos:/lwww ethics state tx us/whatsnew/elf info form1295 hum. A business entity will generate Form 1295 online. Calhoun County will acknowledge online the receipt of Form 1295 after a contract is executed. Within seven business days, Form 1295 will be available for public viewing on the Commission's website. COMPLAINCE Calhoun County Commissioners Court will not consider for action any contract or bid 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 30 days after Commissioner's Court approves a contract or awards a bid with anon -exempt business entity, the County Clerk will file acknowledgement of receipt of the Form 1295 with the Ethics Commission. Page 28 of 43 Vendor must Insert/Attach a copy of Certificate of Liability Insurance showing proof of coverage required under this Invitation To Bid Package ** Once bids are awarded, the vendor that is awarded a bid must provide a Certificate of Liability Insurance that reflects that Calhoun County (certificate holder) is an additional insured on general liability subject to the conditions of the additional insured. (See General Conditions) Page 29 of 43 CERTIFICATION REGARDING DEBARMENT & SUSPENSION AND OTHER RESPONSIBILITY MATTERS In accordance with the Executive Order 12549, the prospective primary participant certifies to the best of his / her knowledge and belief, that its principals: aI Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; bI Have not within athree-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or• civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification. d. Have not within athree-year period preceding this application /proposal had one or more public transactions (federal, state, or local) terminated for cause of default. e. Acknowledge that all sub -contractors selected for this project must be in compliance with paragraphs (1) (a—d) of this certification. Name and Title of Authorized Agent Signature of Authorized Agent I am unable to certify to the above statements. My explanation is attached. Date Page 30 of 43 DEBARMENT & SUSPENSION Executive Order 12549--Debarment and Suspension Source: The provisions of Executive Order 12549 of Feb. 18, 1986, appear at 51 FR 6370, 3 CFR, 1986 Comp., p. 189, unless otherwise noted. By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensm•e consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that: Section 1. (a) To the extent permitted by law and subject to the limitations in Section 1(c), Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of a participant in a program by one agency shall have government -wide effect. (b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees. (c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment. Sec. 2. To the extent permitted by law, Executive departments and agencies shall: (a) Follow government -wide criteria and government -wide minimum due process procedures when they act to debar or suspend participants in affected programs. (b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5. (c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently. Sec. 3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6. The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines. Page 31 of 43 Sec. 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which shall monitor implementation of this Order. The Committee shall consist of representatives of agencies designated by the Director of the Office of Management and Budget. Sec. 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded from program participation under this Order, periodically distribute the list to Federal agencies, and study the feasibility of automating the list; coordinate with the lead agency responsible for government -wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order. Sec. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government -wide criteria and government -wide minimum due process procedures, and set forth other related details for the effective administration of the guidelines Sec. 7. The Director of the Office of Management and Budget shall report to the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make recommendations as are appropriate further to curb fraud, waste, and abuse. Implementation in the SRF Programs A company or individual who is debarred or suspended cannot participate in primary and lower -tiered covered transactions. These transactions include SRF loans and contracts and subcontracts awarded with SRF loan funds. Under 40 C.F.R. 32.510, the SRF agency must submit a certification stating that it shall not knowingly enter into any transaction with a person who is proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the SRF program. This certification is reviewed by the EPA regional office before the capitalization grant is awarded. A recipient of SRF assistance directly made available by capitalization grants must provide a certification that it will not knowingly enter into a contract with anyone who is ineligible under the regulations to participate in the project. Contractors on the project have to provide a similar certification prior to the award of a contract and subcontractors on the project have to provide the general contractor with the certification prior to the award of any subcontract. In addition to actions taken under 40 C.F.R. Part 32, there are a wide range of other sanctions that can render a party ineligible to participate in the SRF program. Lists of debarred, suspended and otherwise ineligible parties are maintained by the General Services Administration and should be checked by the SRF agency and all recipients of funds directly made available by capitalization grants to ensure the accuracy of certifications. Additional References C 40 C.F.R. Part 32: EPA Regulations on Debarment and Suspension. Page 32 of 43 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who eate Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be tiled. See Section 176.006(a-t), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 776.006, local Government Code. An offense under this section is a misdemeanor. f Name of vendor who has a business relationship with local governmental entity. 2 Checkthis box if you are filing an updateto a previouslyfiled questionnaire. (The law requiresthatyoufile anupdated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes � No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes � No 5 Describe each employment or business relationship thatthevendornamedinSectionlmaintainswithacorporationor other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.siate.tx.us Revised 11/30/2015 Page 33 of 43 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code S 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A)ond (B): (a) A local government officer shall file a conflicts disclosure statement with respect tc a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or afamily member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.siate.tx.us Revised 11/30/2015 Page 34 of 43 HOUSE BILL 89 VERIFICATION CERTIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2270.001 the undersigned representative of Representative (hereafter referred to as Company) being an Company or Business Name adult over the age of eighteen (18) years of age, verify that the Company named above, under the provisions of Subtitle F, Title 10, Texas Government Code Chapter 2270: 1. Does not currently boycott the country of Israel; and 2. Will not boycott the country of Israel during the term of the contract with Calhoun County, Texas. Pursuant to 2270.001, Texas Government Code: 1. "Boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means afor-profit sole proprietorship, organization, association, corporation, partnership, Joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Signature of Representative Print Name &Title Date State law requires certification from a Company for contracts (which includes contracts formed through purchase orders) involving goods or services regardless of the amount. Page 35 of 43 RESIDENCE CERTIFICATION Pursuant to Texas Government Code §2252.001 et seq., as amended, Calhoun County requests Residence Certification. §2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contract; pertinent provisions of §2252.001 are stated below: Sec. 2252.001 (3) "Nonresident bidder" refers to a person who is not a resident. ❑ I certifythat (4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. is a "Nonresident Bidder" of Texas (Company Name) as defined in Government Code §2252.001 and our principal place of business is (City and State) ❑ I certifythat (Company Name) defined in Government Code §2252.001. Signature of Authorized Agent Printed Name and Title of Authorized Agent Date is a "Resident Bidder" of Texas as Page 36 of 43 VENDOR AND ORDER INFORMATION Please Type If handwritten, must be in ink and legible Vendor Name: Address: Remittance Address: Telephone: Fax: Email: Email(s) to send Bid Information: 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: Page 37 of 43 Request for Taxpayer Give Form to the Farm Identification Number and Certification requester. Do not (Rev. October 2018) Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.frs gov/FormW9 for instructions and the latest information. 1 Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above m 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes, certain entities, not individuals; see o, Instructions on page 3): o ❑ IndlviduaVsole proprietor or ❑ C Corporafion ❑ S Corporation ❑ Partnership ❑ Trusvestate 0 single -member LLC Exempt payee code Of any) ai 0 ❑ Umited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `0 2 Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting to LLC If the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) c another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that IL tE Is disregarded from the owner should check the appropriate box for the tax classification of its owner. y ❑ Otherwise Instructions) 0, WPpre..ro•,enawamrnaewwa. n•asf y 5Address; (number,street, and apt. or suite no.) See instructions. Rem: AddreSS Requester's name and address (optional) m m N 8 City, state, and 21P code 7 Ust account number(s) here (optionali LM Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN. However, fora resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other —m —� entities it Is your employer identification number (EINI. If you do not have a number. see How to 0ete TIN, later. Note: If the account is In more then one name, see the Instructions for Ilne 1. Also see What Name and Number To Glve the Requester for guidelines on whose number to enter. Under penalties of perjury, 1 certify that: 1. The number shown on this form Is my coned taxpayer Ident(ilcation number (or 1 ern welting for a number to be Issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part II, later. Of General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to www.frs.gov/FomfW9. Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer Identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns Include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) i , • Form 7099-DIV (dividendsincluding those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (including a resident alien), to provide your correct TIN. !f you do not return Form W-9 to the requester with a TIN, you might ba subject to backup wlthholding. See What is backup withholding, later. Cat, No. 10231X Form W-9 (Rev. 10-2018) Page 38 of 43 CURRENT PRICES FOR INSECTICIDES FOR MOSQUITO CONTROL CURRENT AWARDED BID TABULATIONS FOR THE CURRENT BID PERIOD January 1, 2019 thru December 31, 2019 Page 39 of 43 'O y m � � � @ W 'O H N 3 a _. �._ i i a"s � _ � 6 � u u' °'' y c � c t� � � o N W x c 0 U c O s w U 0 a image 40 of 43 \ a LL )� ! )\ \ :,■ 2 j Commissioners' Court — OCTOBER 23, 2019 13. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 13) To approve the specifications and authorize the County Auditor to advertise for Delivered Fuel, Bid Number 2020-02 for the period beginning January 1, 2020 and ending December 31, 2020. Buds will be due 2:00 pm Wednesday, November 20, 2019 and considered for award on Wednesday, December 11, 2019. (RM) While skid fuel tank is empty it is to be located at the Calhoun County Landfill and in order to fill it it will be delivered via the County to the Courthouse. Also, add additional generators from the Southside Location. RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 11 of 18 CINDY MUELLER CALHOUN COUNTY AUDITOR Calhoun County Courthouse Annex II 202 S Ann St, Ste B Port Lavaca TX 77979 (361) 553-4610 TO: RICHARD H. MEYER, COUNTY JUDGE FROM: AUDITORS OFFICE DATE: October 16, 2019 RE: AGENDA ITEM — OCTOBER 23, 2019 Please place the following on the October 23, 2019 Commissioners' Court Agenda. ► Consider and take necessary action to approve the specifications and authorize the County Auditor to advertise for Delivered Fuel, Bid Number 2020-02 for the period beginning January 1, 2020 and ending December 31, 2020. Bids will be due 2:00 PM Wednesday, November 20, 2019 and considered for award on Wednesday, December 11, 2019. CALHOUN COUNTY, TEXAS INVITATION TO BID ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 Bid Period: January 1, 2020 thru December 31, 2020 BIDS WILL BE RECEIVED UNTIL 2:00 PM, Wednesday. November 20, 2019 ATTHE OFFICE OF Richard H. Meyer, CountyJudse, Calhoun County Courthouse, 211 S. Ann St., Suite 301, Port Lavaca, TX 77979 Public Bid Opening will be conducted at 2:00 PM, Wednesday, November 20, 2019 in the County Judge's office, Calhoun County Courthouse, 3rd Floor, Suite 301, Port Lavaca, Texas Page 1 of 58 CONTENTS InvitationTo Bid.............................................................................................................................................................................................4....... 4.............3 ReturnInstructions..........................................................................................................................................................................................................4 General Specificationsfor Delivered Fuel.......................................................................................................................................................................16 21 Invitationto Bid Forms...............................................................................................................................................................................................1 22 33 Affidavit...................................................................................................................................................................................................................................... 37 Certificate of Interested Parties form 1295 (Sample Copy Certificateof Liability Insurance.........................................................................................................................................................................40 Certification Regarding Debarment &Suspension and Other Responsibility Matters..................................41-43 Conflict of Interest Questionnaire Form HouseBill 89 Verification..........................................................................................................................................................................................46 ResidenceCertification................................................................................................................................................................................................ 47 Vendor and Order Information Cf7 Copy of Current Invoice with Backup Provided by our Current Supplier....................................................................54-58 Page 2 of 58 INVITATION TO BID BY ORDER OF the CommissionersCourt of Calhoun County, Texas, sealed bids will be received for: ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 Bid Period: January 1, 2020 thru December 31, 2020 BID PACKAGES: May be obtained by contacting 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@caIhouncotx.org Or on the county's website: www.calhouncotx.orl , under Bid Notices and Results DEADLINE FOR SUBMISSION OF BIDS: By 2:00 PM, Wednesday, November 20, 2019 Return entire Invitation To Bid package (pages 1-58) and ail required forms SUBMISSION OF BIDS: Sealed bid shall be submitted to: Richard H. Meyer, County Judge Calhoun County Courthouse 211 S Ann St, Suite 301 Port Lavaca TX 77979 The outside of the 9 x 12 or larger envelope must be clearly marked: SEALED BID — DELIVERED FUEL— Bid Number: 2020-02 If you send your bid by UPS, FEDEX, etc., the SEALED outside of this envelope must be clearly marked: BID —DELIVERED FUEL— Bid Number: 2020-02 Calhoun County is always very conscious and extremely appreciative of the time and effort a vendor expends 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". BID OPENING: Public bid opening will be conducted at 2:00 PM, Wednesday, November 20, 2019 in the County Judge's Office, Calhoun County Courthouse, 3'd Floor, Suite 301, Port Lavaca,Texas BID AWARD: Award information will be sent to all vendors that submitted a bid regardless if the vendor was awarded a bid or not. Bid awards will also be posted on the county's website (www.calhouncotx.org) under Bid Notices and Results as soon as time permits. Page 3 of 58 RETURN INSTRUCTIONS For Submitting a Bid for ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 Bid Period: January 1, 2020 thru December 31, 2020 Return the followini; by 2:00 PM, WEDNESDAY, NOVEMBER 20, 2019 The ENTIRE Invitation To Bid Package (pages 1-58) with all required forms included and or filled out, signed and dated must be returned by the time and date due. Check List for submitting vour Bid: Be sure all necessary forms are Included and or completed, signed and dated Return one original Bid (Pages 1-58) Be sure to include: Copy of Method or Source used for Mark -UP, Form 1295 and Copy of Certificate of Liability Insurance Be sure to complete the following. If a question or form is not applicable, mark the question orform with "NA" Invitation to Bid Forms (pages 22-33) Affidavit (page 37) Certificate of Interested Parties, Form 1296 (pages 38-39) Form 1295 must be completed online —Copy that is included is Sample Copy Only Do Not Fill Out Sample Copy. Form 1295 must be completed online. #1: Vendor's Name, City, State and Country #2: Calhoun County, Texas #3: Bid Number: 2020-02; Delivered Fuel, January 1 thru December 31, 2020 On #4 and #5, complete on/v [he one that aaalies to vour comaanv #4: Fill in the correct information OR #5: Mark an X in the Box #6: Fill in the correct information and print When you print you should see a Certificate Number and Date Filed in the upper right hand box that is marked "Office Use Only". ee sure that all of #6 is completed and signed. Do not leave out any information. This form does not need to be notarized. It is now an Unsworn Declaration. Certificate of Liability Insurance (page 40) Please provide a copy of your Certificate of Liability Insurance (proof of required coverage) Once bids are awarded, the vendor that is awarded a bid must provide a Certificate of Liability Insurance that reflects that Calhoun County (certificate holder) is an additional insured on general liability subject to the conditions of the additional insured) Certification Regarding Debarment 8c Suspension and Other Responsibility Matters (pages 41-43) Conflict of Interest Questionnaire, Form CIQ (pages 44-45) House Bill 89 Verification (page 46) Residence Certification (page 47) Vender and Order Information Form (page 48) W-9 (page 49) Do Not Fold any of the above information. Bid must be returned in a sealed 9 x 12 or larger envelope clearly marked: Sealed Bid —Delivered Fuel —Bid Number:2020-02 If you send your bid by UPS, FEDEX, etc., the outside of this envelope must be clearly marked: Sealed Bid —Delivered Fuel —Bid Number:2020-02 Submit Sealed Bid to: Richard H. Meyer, County Judge Calhoun County Courthouse 211 S. Ann St., Suite 301 Port Lavaca, TX 77979 Page 4 of 58 CALHOUN COUNTY, TEXAS GENERAL CONDITIONS Read all documents carefully. Follow all instructions. Vendors are responsible for fulfilling all requirements and specifications. General Conditions apply to all advertised bids, proposals and/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: Vendor is advised that the Invitation to Bid, Request for Proposal and/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 and/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 Calhoun County 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, proposal and/or contract 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, proposal and/or contract 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 in ink must be clear and legible. Bid, Proposal and/or Contract Return: On or before the due date and time, the bidder 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., 31d Floor, Suite 301, Port Lavaca, Texas. Page 5 of 58 The clock in the Calhoun 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 Calhoun 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 the vendor would like to confirm the delivery of their bid, proposal and/or contract, the vendor may call the Calhoun County Judge's office at 361-553-4600. Late bids, proposals and/or contracts will not be accepted. Bids, proposals and/or contracts received after the deadline will not be opened and shall be considered void and unacceptable. Bids, proposals and/or contracts must be submitted in a sealed 9 x 12 or larger envelope, addressed as follows: Richard H. Meyer, County Judge, Calhoun County Courthouse, 211 S. Ann St., 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 and bid, proposal and/or contract number, if any, must also be clearly stated. Withdrawal of BID, Proposal and/or Contract: A vendor may withdraw their bid, proposal and/or contract before Calhoun County's acceptance of the bid, proposal and/or contract without prejudice to the vendor, by submitting a written request for its withdrawal to the Calhoun 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 bidder that received a bid, proposal and/or contract package the addendum once it has been approved by Calhoun County Commissioners' Court. No addendum can be sent out until Calhoun County Commissioners' Court has approved the addendum. Page 6 of 58 Hold Harmless Agreement: The 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 bidder'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 and/or contract. Certification of such coverage must name Calhoun County as an additional insured and be provided to Calhoun 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 sales tax (state, city and county sales tax) and federal excise taxes. Tax exempt forms will be furnished upon request to the Calhoun County Auditor's Office. Pricin 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 and must be legible. 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. Where unit pricing and extended pricing differ, unit pricing prevails. Inspections: Calhoun County reserves the right to inspect any items) 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. Page 7 of 58 Material Safety Data Sheets: Under the "Hazardous Communications Act", commonly known as the "Texas Right To Know Act", a vendor must provide to Calhoun County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the vendor to furnish this documentation will be cause to reject any bid, proposal and/or contract applying thereto. Awards: Calhoun County reserves the right to award this bid, proposal and/or contract on the basis of lowest and/or 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. Calhoun County will evaluate and award a bid, proposal and/or contract based on lowest and best bid, proposal, and/or contract meeting specifications. "Lowest and best bid, proposal and/or contract" 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 and/or proposed as it deems to be in the best interest of the County. An award is final only upon formal execution by 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). Calhoun County, Texas is an Affirmative Action/Equal Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identity, religion, age or handicapped status in employment or the provision of services. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms are encouraged to submit bids, proposals and/or contracts. Assienment: 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 Oblieation: Bids, proposals and/or contracts are awarded only upon formal execution by Calhoun County Commissioners' Court. If a contract is required, the Calhoun County Judge or other person authorized by Calhoun County Commissioners' Court must sign the contract before it becomes binding on Calhoun County. No person is authorized to sign contracts and/or agreements until authorized by Calhoun County Commissioners' Court. Page 8 of 58 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 Calhoun County to purchase supplies from the next lowest vendor that met specifications. Rejections: Articles not in accordance with samples and specifications must be removed by the vendor at the bidder's expense. All disputes concerning quality of supplies, products, and/or services delivered under this bid, proposal and/or contract will be determined by Calhoun County 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 Calhoun County. 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. If the vendor subsequently becomes delinquent in the payment of Calhoun County taxes this may be grounds for cancellation of the bid, proposal and/or contract. Despite anything to the contrary, if the vendor is delinquent in payment of Calhoun County taxes at the time of invoicing, vendor assigns any payments to be made under this bid, proposal and/or contract to the Calhoun County Tax Assessor Collector for the payment of delinquent taxes. Certificate of Interested Parties —Form 1295 Section 2252.908 was added to the Government Code by the 84ih 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. Page 9 of 58 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 profit or 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 must 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 and complete the bottom portion of the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct. Calhoun County Commissioners' Court wil! 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 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 vendor 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. Page 10 of 58 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 Calhoun County Auditor's Office. Invoices shall be billed to Calhoun County to the attention of the County Department that the invoice pertains to and, if applicable, have all necessary backup information needed. Invoices shall be itemized (detailed) and free of sales tax (state, city and county sales tax) and federal excise taxes, if applicable. Invoices that are not billed to Calhoun County to the attention of the County Department that the invoice pertains to, not itemized (detailed) and/or free of sales tax (state, city and county sales tax) and federal excise taxes, if applicable, may be returned to the vendor for corrections. Calhoun County will not incur any fees and/or charges for this request and/or delay in payment of the invoices) that was originally submitted incorrectly. Payment of all invoices will be made once the purchase order and invoices) are properly and timely submitted to the Calhoun County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the Calhoun 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 Calhoun County 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 Calhoun 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 Calhoun 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 bidder in providing such gratuities. Warranty Product: Vendor warrants that products sold and/or services provided Calhoun County shall conform to the highest commercial and/or professional standards in the industry and laws established by the U.S. Department of Labor, U.S. Department of Homeland Security, Occupational Safety and Health Administration and OSHA Act of 1970. Page 11 of 58 In the event products sold and/or services provided do not conform to OSHA Standards, where applicable, Calhoun County shall return the product for correction or replacement at the vendor's expense. In the event that services do not conform to OSHA Standards, Calhoun County may immediately stop the services and seek reimbursement for said services at the vendor's expense. In the event the vendor fails to make the appropriate correction within a reasonable time, correction made by Calhoun County shall be at the vendor's expense. Vendor shall not limit or exclude any implied warranties and any attempt to do so shall render this bid, proposal and/or contract voidable at the option of Calhoun County. Vendor warrants that the goods and/or services furnished will conform to the speccations, general conditions, drawings, and/or descriptions 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, general conditions, drawings, and/or descriptions, the specifications shall govern. All items must be new, in first class condition, unless otherwise specified. The design, strength and quality of materials must conform to the highest standards of manufacturing practice. Items supplied under this bid, proposal and/or contract shall be subject to Calhoun County's approval. Successful vendor shall warrant that all items/services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Any items found defective or not meeting specifications shall be picked up and promptly replaced to Calhoun County's satisfaction by the successful vendor at no expense to Calhoun County. 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 bidder 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. Calhoun County shall not incur any fees and/or charges related to the cancellation. 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. Page 12 of 58 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: To the extent it is applicable, 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 as effective and in force on the date of this bid, proposal and/or contract. Otherwise, Texas state and federal law shall apply. Prohibition a¢ainst Personal Interest in Bids, Proposals and/or Contracts: No officer or employee of Calhoun County shall have financial interest, direct or indirect, in any bid, proposal and/or contract with Calhoun County, or shall be financially interested, directly or indirectly, in the sale to Calhoun County of any land, materials, supplies, or service, except on behalf of Calhoun 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 Calhoun 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 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 orgreater) 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, Texas is an additional insured on the General Liability coverage. Each insurance policy to be furnished by successful bidder 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. Page 13 of 58 OSHA Requirements: Vendor must meet all Federal and State OSHA requirements. The vendor or contractor hereby guarantees to Calhoun County that all materials, supplies, equipment and/or services listed on the bid, proposal and/or contract, purchase order or invoice shall conform to the requirements, specifications and standards promulgated by the U.S. Department of Labor under the 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 Calhoun 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 Calhoun County Commissioners' Court. If the Calhoun County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Calhoun County CommissionersCourt. Applicable documentation and other information applying to the protest will be forwarded to Calhoun County Commissioners' Court, who will promptly review such documentation and information. If additional information is required, Calhoun County Commissioners' Court will notify the protesting party to provide such information. The decision of Calhoun County 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. Page 14 of 58 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 and/or proposal package from Calhoun County, please contact: 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 Bid and/or proposal packages may also be viewed on Calhoun County's website, www.calhouncotx.org, under Bid Notices and Results. Page 15 of 58 SPECIFICATIONS FOR DELIVERED FUEL BY ORDER OF the CommissionersCourt of Calhoun County, Texas, sealed bids will be received for Delivered Fuel as needed by the Road and Bridge Precincts, other Calhoun County Departments, and the Calhoun County Hospital and Clinic (Memorial Medical Center & Memorial Medical Clinic), (all hereinafter called Calhoun County) for fuel tanks and/or generators. See Contact and Billing Information and Location of Fuel Tanks and Generators (pages 34-36) for complete information for each Calhoun County delivery location. TO BE A VALID BID, THE FOLLOWING MUST BE RETURNED BY THE TIME AND DATE DUE The entire Invitation To Bid Package (pages 1-58) with all required forms included and or filled out, signed and dated. DEADLINE FOR BID SUBMISSION IS 2:00 PM, Wednesday, November 20, 2019 SUBMISSION OF BIDS Sealed bid shall be submitted to: Richard H. Meyer, County Judge Calhoun County Courthouse 211 S Ann St, Suite 301 Port Lavaca, TX 77979 The outside of the 9 x 12 or larger envelope must be clearly marked: Sealed Bid — Delivered Fuel — Bid Number: 2020-02 If you send your bid by UPS, FEDEX, etc., the outside of this envelope must be clearly marked: Sealed Bid — Delivered Fuel — Bid Number: 2020-02 BID TERM The bid shall be in effect for a period of twelve (U) months beginning January 1, 2020 and ending December 31, 2020. BID INFORMATION/REQUIREMENTS To submit a valid bid, read the entire Invitation To Bid for all required information that must be included and all required forms that must be filled out, signed and dated and returned. 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." 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. If handwritten, must be in ink and legible. Page 16 of 58 All bidders shall provide the Brand Name for each type of fuel in the space provided on the Invitation To Bid Forms. Unleaded Gasoline must be free from water and suspended matter and octane of 87. Diesel Fuel must be free from water and suspended matter. All bidders are required to bid a MARK-uP per gallon for each fuel type and location. The Mark-up per gallon 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 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 bidder shall supply documentation of corresponding rack price with each invoice. Calhoun County is EXEMPT from all Federal Excise Taxes and Sales Tax (county, city and state sales tax). When applicable, Calhoun County is subject to Texas State Excise Tax and/or Federal Lust Tax. The awarded vendor shall supply Calhoun County with a 1,000 gallon skid fuel tank and pump with meter at no additional charges. The skid fuel tank should be double wall or a single wall tank and secondary containment that satisfies TCEQ requirements. Delivery shall be FOB Destination to the designated delivery location. Loaded weight of truck, trailer and fuel cannot exceed legal state and county weight limits on road and bridges that approach designated delivery sites. Bidder shall check with Precinct Commissioner for such limits. All charges must be included in the mark-up per gallon or clearly stated on bid form. Additional charges listed separately, if any, will increase the amount of the bid. Any exceptions and/or variations from the specifications in this bid document must be indicated on the bid form or on a separate attachment to the bid and labeled as such. Exceptions taken and or variations made to the specifications and listed on the vendor's bid or separate attachment may void the bid. The request for a bid on delivered fuel does not guarantee that Calhoun County will purchase this product during the bid period. Calhoun County does not guarantee to purchase any minimum or maximum quantities. Fuel will only be ordered as needed. Calhoun County has the right to reject, at any time, any fuel that is undesirable. Calhoun County legally accepts delivery of fuel after it is unloaded and approved by Commissioners and/or an employee of other Calhoun County Departments. Page 17 of 58 All fuel 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 fuel ordered within 24 hours from time of order, Calhoun County reserves the right to cancel the order and re -order the said fuel from the vendor which submitted the next lowest bid that met bid specifications and/or requirements and can deliver within 24 hours from time of order. Calhoun County shall not incur any penalties, fees and/or other charges when cancelling an order. Vendor shall be required to notify Calhoun County in the event of unforeseen delay arising in the delivery of an order. In the event an order will not arrive at the Calhoun County delivery location at the designated time, Calhoun County shall have the right to cancel and/or refuse acceptance of the order. Calhoun County shall not be assessed any penalties, fees and/or other costs due to this cancellation and/or refusal. Calhoun County and/or the vendor have the right to cancel the delivery of fuel at any time due to weather and/or road conditions. No penalties, fees and/or other charges will be billed to Calhoun County if the delivery of fuel is cancelled by Calhoun County and/or the vendor due to weather and/or road conditions. Calhoun County reserves the right to refuse any order delivered for not being in compliance with the specifications, general conditions and/or the "Hazardous Communications Act", commonly known as the "Texas Right To Know Act". No penalties, fees and/or other charges will be billed to Calhoun County in the event an order is refused due to non-compliance of the specifications, general conditions and/or State and Federal Regulations. The vendor, at the vendor's cost, shall immediately remove the fuel from the Calhoun County location that are deemed unsatisfactory, and are not in compliance with the specifications, general conditions and/or do not meet State and/or Federal Regulations. No penalties, fees, and/or other charges shall be billed to Calhoun County for the removal of the fuel from the Calhoun County location. Safety Data Sheets and Placards, if applicable, must be furnished at the time of delivery as specified by State and Federal Regulations. Calhoun County reserves the right to conduct random sampling of pre -qualified products for testing and to perform random audits of test reports. Calhoun County representatives may sample products from the manufacturing plant, terminal, shipping container and any other source they deem necessary to insure reliability of the products. If testing will be performed through a third party, the vendor will be required to allow the third party access to the facilities in order to acquire samples for testing. Regardless of results of any product(s) test required by Calhoun County, all costs incurred for such tests shall be paid for by the vendor. The award of a bid will be voided if specifications, general conditions and/or instructions within this Invitation To Bid are not followed. The bid would then be awarded to the vendor which submitted the next lowest bid that met specifications and all requirements of the Invitation To Bid. Invoices shall not include other charges, including freight or handling charges, when invoiced unless these charges were noted on the bid form or separate attachment and awarded as such. Page 18 of 58 Invoices to Calhoun County must be billed to Calhoun County with reference to the Commissioner and Precinct or other Calhoun County Department that is being invoiced. (See Contact and Billing Information and Location of Fuel Tanks and Generators) Invoices must list separately the Texas State Excise Tax and/or Lust Tax, if applicable. Invoices must not include any Federal Excise Taxes or Sales Tax (county, city or state sales tax). Each invoice must include the delivery ticket that was signed by a Calhoun County employee at the time of delivery. Each invoice must include a copy of the source document used to calculate the base price of the fuel purchased, with such base price highlighted or clearly 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.). It is understood that Calhoun County Commissioners' Court reserves the right to accept or reject any and/or all bids for any/or all fuel 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 most advantageous and to be in the best interest of Calhoun County, Calhoun County will evaluate and award bid based on lowest and best bid meeting specifications and all requirements of the Invitation To Bid. "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 Calhoun County. Although the cost of fuel to be provided is an essential part of the bid, Calhoun County is not obligated to award a bid (contract) on the sole basis of cost but will award to the vendor considered to be the best value to the County. The bid award shall be based on, but not necessarily limited to, the following factors: • Mark -Up per gallon • Extended price • Special needs and requirements of Calhoun County • Delivery • Compliance in returning and/or including all required forms • Results of testing samples (if required by Calhoun County) • Calhoun County's experience with products bid • Vendor's past performance record with Calhoun County If bids are awarded, award information will be mailed and/or emailed to all vendors that submitted a bid regardless if the vendor was awarded a bid or not. Calhoun County Commissioners' Court and the County Auditors office work diligently to get this information to the vendors as soon as possible. To obtain results, or if you have any questions, please contact Peggy Hall, Calhoun County Assistant Auditor, 202 S. Ann St., Suite B, Port Lavaca, Texas 77979, or by phone or email, (361) 553-4610, peggy.hall@calhouncotx.or. As time permits, bid awards will be posted on Calhoun County's website, www.calhouncotx.ora, under Bid Notices and Results. Page 19 of 58 Once bids are awarded by Calhoun County Commissioners' Court, this bid package in its entirety will be the working contract between Calhoun County and the successful vendor for the period designated. Calhoun County or the vendor may cancel this contract at any time for any reason, provided a written notice is given. Should there be a change in ownership or management, the bid (contract) shall be cancelled unless a mutual agreement is reached with the new owner or manager to continue the bid (contract) with its present provisions and prices. Vendor understands that Calhoun County is a government entity subject to Texas State and Federal Public Information Statues. Vendor hereby waives any obligation to the release to the public of any documents submitted in accordance with the bid. No person has the authority to verbally alter these specifications or any information within the Invitation To Bid. Any changes will be made in writing (Addendum approved by Calhoun County Commissioners' Court) and mailed and/or emailed to each vendor that received a bid package. All disputes or protests will be held in Calhoun County, Texas. ADDITIONAL INFORMATION All fuel tanks and/or generators currently being used by Calhoun County are owned by Calhoun County. All Tanks and Generators are above ground. Average size of delivery for the Calhoun County Precincts: Precinct 1: About 1000-1500 gallons each of unleaded & diesel Precinct 2: About 800-900 gallons of unleaded & 2000-3000 gallons diesel Precinct 3: About 700-800 gallons unleaded & 300-400 gallons diesel Precinct 4-P: About 500 gallons unleaded & 400-500 gallons diesel Precinct 4-S: 104 E Dallas — About 1200-1500 gallons unleaded & 900-1000 diesel; 448 Harbor Road —About 800-1000 gallons diesel Do Calhoun County Precincts typically order both products at one time? Precinct 1: Yes Precinct 2: No (due to the extra 3,000 gallon tank for diesel) Precinct 3: Yes Precinct 4-P: Sometimes (try our best, but not always possible) Precinct 4-S: Sometimes (try our best, but not always possible) How often are orders placed? Precinct 1: About 4 times a year depending on work being done Precinct 2: About every 6 weeks for unleaded and every 3`d order for diesel (about 4 times a year Precinct 3: About 5 times a year Precinct 4-P: About every 2 to 3 months for unleaded and diesel Precinct 4-S: 104 E Dallas — About every month for unleaded and quarterly for diesel; 448 Harbor Road —About every 2 months for diesel Generators: As needed depending on necessity of use of generator All Calhoun County Precincts and other Calhoun County Departments order at a different time including 4-P (Port O'Connor) and 4-S (Seadrift). All Calhoun County Precincts and other Calhoun County Departments handle their own fuel orders; therefore invoices are billed to each separately. (See Contact and Billing Information and Location of Fuel Tanks and Generators, pages 34-36) Page 20 of 58 Calhoun County is not currently an OPIS subscriber. ESTIMATED QUANTITY INFORMATION The quantities listed are merely estimates of annual usage -not actual order amounts. During the period of the purchase contract, Calhoun County and/or Memorial Medical Center/Clinic will buy only the actual quantity required, and it will neither be obligated to the purchase of nor limited to the quantities listed. These products/supplies will only be ordered as needed. THE BELOW ESTIMATED QUANTITIES ARE NOT GUARANTEED FOR THE YEAR. AMOUNTS WILL VARY BY NEED Estimated yearly Location Quantity Tank Size (Gallons) Type of Fuel (Gallons) 2.600 Diesel, Low Sulfur, On -Road 81500 Precinct #1 Port Lavaca 21000 Gasoline, Unleaded, 87 Octane 61000 3,000 Precinct #2 Port Lavaca 1,000 Diesel, Low Sulfur, On -Road 81500 1,000 Gasoline, Unleaded, 87 Octane 61000 Precinct #3 Olivia 1,000 Diesel, Low Sulfur, On -Road 81000 1,000 Gasoline, Unleaded, 87 Octane 41000 31000 (104 E Dallas) Gasoline, Unleaded, 87 Octane %000 Precinct #4 Seadrift 31000 (104 E Dallas) Diesel, Low Sulfur, On -Road 61000 1,000 (448 Harbor Rd) Diesel, Low Sulfur, On -Road 41000 500 Gasoline, Unleaded, 87 Octane 41000 Port Precinct #4 O'Connor 500 Diesel, Low Sulfur, On -Road 31000 ** Skid Fuel port Lavaca ** 11000 Diesel, Low Sulfur, On -Road NA Tank Calhoun County Port Lavaca 785 Diesel for Generator 0 to 785 Courthouse Calhoun County Adult port Lavaca 706 Diesel for Generator 0 to 706 Detention Center (Jail) EMS (Emergency Port Lavaca 250 Diesel for Generator 0 to 250 Management Services) Memorial Medical Center Port Lavaca 21000 Diesel for Generator 0 to 21000 (Hospital) Memorial Port Lavaca 400 Diesel for Generator 0 to 400 Medical Clinic **Skid fuel Tank: 1,000 gallon skid fuel tank with pump and meter to be provided by vendor at no charge. The skid fuel tank should be double wall or a single wall tank and secondary containment that satisfies TCEQ requirements. Page 21 of 58 INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 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 BID ITEM: DELIVERED FUEL— BID NUMBER: 2020-02 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 DUE DATE OF BID: WEDNESDAY, NOVEMBER 20, 2019 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 Type per Gallon Mark -Upper Gallon Total %Fuel Texas State Excise Tax and/or Lust Tax Gasoline, Unleaded, 87 Octane Brand Name: Diesel, Low Sulfur (On Road) Brand Name: $ / $ $ $ Acceptance of the successful bid shall obligate the bidder to provide up to F.O.B. CALHOUN COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate Calhoun County to purchase some DELIVERY IN 24 HOURS FROM RECEIPT OF of the items from that bidder. Calhoun County reserves the right to ORDER. The County of Calhoun reserves the require any successful bidder to enter a separate written contract right to reject any and/or all bids and to containing the terms herein and other reasonable conditions. The bid waive any and/or all formalities and to package, in its entirety, will be the binding contract between Calhoun award purchase on individual basis. County and the successful bidder. 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 the return instructions, general conditions and specifications. Failure to sign below will disqualify the bid. Date: Signature: Title: Page 22 of 58 INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 PRECINCT #2 TANKS) LOCATION: 5812 FM 1090 PORT LAVACAI 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 BID ITEM: DELIVERED FUEL— BID NUMBER: 2020-02 INVITATION TO BID: JANUARY 1, 2020 thru DECEMBER 31, 2020 DUE DATE OF BID: WEDNESDAY, NOVEMBER 20, 2019 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 Fuel Type . per Gallon Mark -Up per Gallon Total Texas State Excise Tax %and/or Lust Tax Gasoline, Unleaded, 87 Octane Brand Name: Diesel, Low Sulfur (On Road) Brand Name: $ / $ $ $ Acceptance of the successful bid shall obligate the bidder to provide up to F.O.B. CALHOUN COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate Calhoun County to purchase some DELIVERY IN 24 HOURS FROM RECEIPT OF of the items from that bidder. Calhoun County reserves the right to ORDER. The County of Calhoun reserves the right to reject any and/or all bids and to require any successful bidder to enter a separate written contract containing the terms herein and other reasonable conditions. The bid waive any and/or all formalities and to package, in its entirety, will be the binding contract between Calhoun award purchase on individual basis. County and the successful bidder. 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 the return instructions, general conditions and specifications. Failure to sign below will disqualify the bid. Date: Signature: Title: Page 23 of 58 INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 PRECINCT #3 TANKS) LOCATION: 24627 STATE HIGHWAY 172, PORT LAVACA, TX 77979 (Precinct #3 is in Olivia, Texas) THIS IS A BID FORM ONLY AND DOES NOT REPRESENT AN ORDER FOR A PURCHASE BY CALHOUN COUNTY. VENDOR'S NAME AND ADDRESS BID ITEM: DELIVERED FUEL— BID NUMBER: 2020-02 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 DUE DATE OF BID: WEDNESDAY, NOVEMBER 20, 2019 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 %Fuel Type per Gallon Mark -Up per Gallon ` Total Texas State Excise Tax and/or Lust Tax Gasoline, Unleaded, 87 Octane Brand Name: Diesel, Low Sulfur (On Road) Brand Name: $ / $ $ $ Acceptance of the successful bid shall obligate the bidder to provide up to F.O.B. CALHOUN COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate Calhoun County to purchase some DELIVERY IN 24 HOURS FROM RECEIPT OF of the items from that bidder. Calhoun County reserves the right to ORDER. The County of Calhoun reserves the right to reject any and/or all bids and to require any successful bidder to enter a separate written contract containing the terms herein and other reasonable conditions. The bid waive any and/or all formalities and to package, in its entirety, will be the binding contract between Calhoun award purchase on individual basis. County and the successful bidder. 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 the return instructions, general conditions and specifications. Failure to sign below will disqualify the bid. Date: Signature: Title: Page 24 of 58 INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 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 BID ITEM: DELIVERED FUEL —BID NUMBER: 2020-02 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 DUE DATE OF BID: WEDNESDAY, NOVEMBER 20, 2019 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 Type per Gallon Mark -Up per Gallon Total %Puel Texas State Excise Tax and/or Lust Tax Gasoline, Unleaded, 87 Octane Brand Name: Diesel, Low Sulfur (On Road) Brand Name: $ / $ $ $ Acceptance of the successful bid shall obligate the bidder to provide up to F.O.B. CALHOUN COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate Calhoun County to purchase some DELIVERY IN 24 HOURS FROM RECEIPT OF of the items from that bidder. Calhoun County reserves the right to ORDER. The County of Calhoun reserves the require any successful bidder to enter a separate written contract right to reject any and/or all bids and to containing the terms herein and other reasonable conditions. The bid waive any and/or all formalities and to package, in its entirety, will be the binding contract between Calhoun award purchase on individual basis. County and the successful bidder. 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 the return instructions, general conditions and specifications. Failure to sign below will disqualify the bid. Date: Signature: Title: Page 25 of 58 INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 PRECINCT #4 TANKS) 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 BID ITEM: DELIVERED FUEL— BID NUMBER: 2020-02 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 DUE DATE OF BID: WEDNESDAY, NOVEMBER 20, 2019 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 Fuel Type per Gallon Mark -Up per Gallon Total Texas Stat%e Excise Tax and/or Lust Tax Gasoline, Unleaded, 87 Octane Brand Name: Diesel, Low Sulfur (On Road) Brand Name: $ / $ $ $ Acceptance of the successful bid shall obligate the bidder to provide up to F.O.B. CALHOUN COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate Calhoun County to purchase some DELIVERY IN 24 HOURS FROM RECEIPT OF of the items from that bidder. Calhoun County reserves the right to ORDER. The County of Calhoun reserves the require any successful bidder to enter a separate written contract right to reject any and/or all bids and to containing the terms herein and other reasonable conditions. The bid waive any and/or all formalities and to package, in its entirety, will be the binding contract between Calhoun award purchase on individual basis. County and the successful bidder. 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 the return instructions, general conditions and specifications. Failure to sign below will disqualify the bid. Date: Signature: Title: Page 26 of 58 INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 PRECINCT #4 TANKS) 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 BID ITEM: DELIVERED FUEL— BID NUMBER: 2020-02 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 DUE DATE OF BID: WEDNESDAY, NOVEMBER 20, 2019 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 Fuel Type per Gall%on Mark -Up per Gallon Total Texas State Excise Tax and/or Lust Tax Gasoline, Unleaded, 87 Octane Brand Name: Diesel, Low Sulfur (On Road) Brand Name: $ / $ $ $ Acceptance of the successful bid shall obligate the bidder to provide up to F.O.B. CALHOUN COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate Calhoun County to purchase some DELIVERY IN 24 HOURS FROM RECEIPT OF of the items from that bidder. Calhoun County reserves the right to ORDER. The County of Calhoun reserves the require any successful bidder to enter a separate written contract right to reject any and/or all bids and to containing the terms herein and other reasonable conditions. The bid waive any andall formalities and to package, in its entirety, will be the binding contract between Calhoun on individual basis. award purchase on County and the successful bidder. 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 the return instructions, general conditions and specifications. Failure to sign below will disqualify the bid. Date: Signature: Title: Page 27 of 58 INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 SKID FUEL TANK SKID LOCATION FOR FUEL DELIVERY: Within Close Proximity to the Calhoun County Courthouse 211 S. Ann St. 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 BID ITEM: DELIVERED FUEL— BID NUMBER: 2020-02 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 DUE DATE OF BID: WEDNESDAY, NOVEMBER 20, 2019 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 Fuel Type per Gallon Mark -Up per Gallon Total %Texas State Excise Tax % a%nd/or Lust Tax Diesel, Low Sulfur (On Road) Brand Name: $ / $ $ $ Acceptance of the successful bid shall obligate the bidder to provide up to F.O.B. CALHOUN COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate Calhoun County to purchase some DELIVERY IN 24 HOURS FROM RECEIPT OF of the items from that bidder. Calhoun County reserves the right to ORDER. The County of Calhoun reserves the require any successful bidder to enter a separate written contract right to reject any and/or all bids and to containing the terms herein and other reasonable conditions. The bid waive any and/or all formalities and to package, in its entirety, will be the binding contract between Calhoun award purchase on individual basis. County and the successful bidder. 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 the return instructions, general conditions and specifications. Failure to sign below will disqualify the bid. Date: Signature: Title: Page 28 of 58 INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 GENERATOR — CALHOUN COUNTY COURTHOUSE GENERATOR LOCATION FOR FUEL DELIVERY: 211 S. Ann St. 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 BID ITEM: DELIVERED FUEL— BID NUMBER: 2020-02 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 DUE DATE OF BID: WEDNESDAY, NOVEMBER 20, 2019 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 Fuel Type per Gallon Mark -Up per Gallon Total %Texas state Excise Tax %and/or Lust Tax Diesel, Low Sulfur (Off Road) Brand Name: $ / $ $ $ Acceptance of the successful bid shall obligate the bidder to provide up to F.O.B. CALHOUN COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate Calhoun County to purchase some DELIVERY IN 24 HOURS FROM RECEIPT OF of the items from that bidder. Calhoun County reserves the right to ORDER. The County of Calhoun reserves the require any successful bidder to enter a separate written contract right to reject any and/or all bids and to containing the terms herein and other reasonable conditions. The bid waive any and/or all formalities and to package, in its entirety, will be the binding contract between Calhoun award purchase on individual basis. County and the successful bidder. 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 the return instructions, general conditions and specifications. Failure to sign below will disqualify the bid. Date: Signature: Title: Page 29 of 58 INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 GENERATOR - CALHOUIV COUNTY ADULT DETENTION CENTER (JAIL) GENERATOR LOCATION FOR FUEL DELIVERY: 302 W. Live Oak 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 BID ITEM: DELIVERED FUEL— BID NUMBER: 2020-02 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 DUE DATE OF BID: WEDNESDAY, NOVEMBER 20, 2019 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 Fuel Type . per Gallon Mark -Up per Gallon Total %%Texas State. Excise Tax and/or Lust Tax . Diesel, Low Sulfur (Off Road) Brand Name: $ / $ $ $ Acceptance of the successful bid shall obligate the bidder to provide up to F.O.B. CALHOUN COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate Calhoun County to purchase some DELIVERY IN 24 HOURS FROM RECEIPT OF of the items from that bidder. Calhoun County reserves the right to ORDER. The County of Calhoun reserves the require any successful bidder to enter a separate written contract right to reject any and/or all bids and to containing the terms herein and other reasonable conditions. The bid waive any and/or all formalities and to package, in its entirety, will be the binding contract between Calhoun award purchase on individual basis. County and the successful bidder. 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 the return instructions, general conditions and specifications. Failure to sign below will disqualify the bid. Date: Signature: Title: Page 30 of 58 INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 GENERATOR - EMS (EMERGENCY MANAGEMENT SERVICES) GENERATOR LOCATION FOR FUEL DELIVERY: 705 Henry Barber Way Port Lavaca, TX 77979 THIS IS A 81D FORM ONLY AND DOES NOT REPRESENT AN ORDER FOR A PURCHASE BY CALHOUN COUNTY. VENDOR'S NAME AND ADDRESS BID ITEM: DELIVERED FUEL —BID NUMBER: 2020-02 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 DUE DATE OF BID: WEDNESDAY, NOVEMBER 20, 2019 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). ApplicabielTax Fuel Type per Gallon Mark -Up per Gallon %% Total Texas State Excise Tax and/or Lust Tax Diesel, Low Sulfur (Off Road) Brand Name: $ / $ $ $ Acceptance of the successful bid shall obligate the bidder to provide up to F.O.B. CALHOUN COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate Calhoun County to purchase some DELIVERY IN 24 HOURS FROM RECEIPT OF of the items from that bidder. Calhoun County reserves the right to ORDER. The County of Calhoun reserves the right to reject any and/or all bids and to require any successful bidder to enter a separate written contract containing the terms herein and other reasonable conditions. The bid waive any and/or all formalities and to package, in its entirety, will be the binding contract between Calhoun award purchase on individual basis, County and the successful bidder. 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 the return instructions, general conditions and specifications. Failure to sign below will disqualify the bid. Date: Signature: Title: Page 31 of 58 INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 GENERATOR - MEMORIAL MEDICAL CENTER (HOSPITAL) GENERATOR LOCATION FOR FUEL DELIVERY: 815 N. Virginia St. Port Lavaca, TX 77979 THIS IS A 81D FORM ONLY AND DOES NOT REPRESENT AN ORDER FOR A PURCHASE BY CALHOUN COUNTY. VENDOR'S NAME AND ADDRESS BID ITEM: DELIVERED FUEL —BID NUMBER: 2020-02 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 DUE DATE OF BID: WEDNESDAY, NOVEMBER 20, 2019 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 Fuel Type per Gallon Mark -Up per Gallon Total Texas State Excise Tax and/or Lust Tax Diesel, Low Sulfur (Off Road) Brand Name: $ / $ $ $ Acceptance of the successful bid shall obligate the bidder to provide up to F.O.B. CALHOUN COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate Calhoun County to purchase some DELIVERY IN 24 HOURS FROM RECEIPT OF of the items from that bidder. Calhoun County reserves the right to ORDER. The County of Calhoun reserves the require any successful bidder to enter a separate written contract right to reject any and/or all bids and to containing the terms herein and other reasonable conditions. The bid waive any and/or all formalities and to package, in its entirety, will be the binding contract between Calhoun award purchase on individual basis. County and the successful bidder. 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 the return instructions, general conditions and specifications. Failure to sign below will disqualify the bid. Date: Signature: Title: Page 32 of 58 INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR DELIVERED FUEL Bid Number: 2020-02 GENERATOR - MEMORIAL MEDICAL CLINIC GENERATOR LOCATION FOR FUEL DELIVERY: 1016 N. Virginia St. 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 BID ITEM: DELIVERED FUEL— BID NUMBER: 2020-02 BID PERIOD: 1ANUARY 1, 2020 thru DECEMBER 31, 2020 DUE DATE OF BID: WEDNESDAY, NOVEMBER 20, 2019 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 Fuel Type per Gallon Mark -Up per Gallon Total Texas State Excise Tax% %and/or Lust Tax Diesel, Low Sulfur (Off Road) Brand Name: $ / $ $ $ Acceptance of the successful bid shall obligate the bidder to provide up to F.O.B. CALHOUN COUNTY the amount bid at the bid terms and conditions stated herein. Acceptance of the successful bid shall only obligate Calhoun County to purchase some DELIVERY IN 24 HOURS FROM RECEIPT OF of the items from that bidder. Calhoun County reserves the right to ORDER. The County of Calhoun reserves the require any successful bidder to enter a separate written contract right to reject any and/or all bids and to containing the terms herein and other reasonable conditions. The bid waive any and/or all formalities and to package, in its entirety, will be the binding contract between Calhoun award purchase on individual basis. County and the successful bidder. 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 the return instructions, general conditions and specifications. Failure to sign below will disqualify the bid. Date: Signature: Title: Page 33 of 58 CALHOUN COUNTY, TEXAS CONTACT AND BILLING INFORMATION AND LOCATION OF FUEL TANKS AND GENERATORS Calhoun County. Precinct 1 Commissioner David Hall 305 Henry Barber Way (by the County Fairgrounds) Port Lavaca, TX 77979 Office Manager: Angela Torres Office: 361-552-9242 Fax: 361-553-8734 Location of Fuel Tanks: 305 Henry Barber Way, Port Lavaca, TX Calhoun County Precinct 2 Commissioner Vern Lyssy 5812 FM 1090 (Six Mile) Port Lavaca, TX 77979 Office Manager: Lesa Jurek Office: 361-552-9656 Fax: 361-553-6664 Location of Fuel Tanks: 5812 FM 1090, Port Lavaca, TX Calhoun County Precinct 3 Commissioner Clyde Syma 24627 State Hwy 172 (Olivia) Port Lavaca, TX 77979 Office Manager: Lynette Adame Office: 361-893-5346 Fax: 361-893-5309 Location of Fuel Tanks: 24627 State Highway 172, Olivia TX Calhoun County Precinct 4 Precinct 4-P (Port O'Connor) Commissioner Gary Reese Trevor St off of Hwy 185 Port O'Connor, TX 77982 Office Manager: April Townsend Use same numbers as Seadrift (4-5) Location of Fuel Tanks — Pct 4-P Barn #3 93 Trevor Street off of Highway 185, Port O'Connor, TX Page 34 of 58 CONTACTAND BILLING INFORMATION AND LOCATION OF FUEL TANKS AND GENERATORS, Continued Calhoun CountV Precinct 4 Precinct 4-S (Seadrift) Commissioner Gary Reese 104 E Dallas St PO Box 177 Seadrift, TX 77983 Office Manager: April Townsend Office: 361-785-3141 Fax: 361-785-5602 Location of Fuel Tanks — Pct 4-S Barn #1: 104 E Dallas, Seadrift TX Location of Fuel Tanks — Pct 4-S Barn #2: 448 Harbor Road, Seadrift TX Skid Fuel Tank: Calhoun County Attn: Commissioner David Hall 305 Henry Barber Way Port Lavaca, TX 77979 Office: 361-552-9242 Fax: 361-553-8734 Location TBD within close proximity to the Calhoun County Courthouse, 211 S Ann St, Port Lavaca TX Calhoun Countv Courthouse -Generator Calhoun County Maintenance Attn: Everett Wood, Maintenance Supervisor 211SAnn St Port Lavaca, TX 77979 Contact Person: Everett Wood, Maintenance Supervisor Office: 361-553-4499 Fax: 361-553-4497 Location of Generator: 211 S Ann St, Port Lavaca, TX Calhoun Countv Adult Detention Center (Jail) -Generator Calhoun County Maintenance Attn: Everett Wood, Maintenance Supervisor 211SAnn St Port Lavaca, TX 77979 Contact Person: Everett Wood, Maintenance Supervisor Office: 361-553-4499 Fax: 361-553-4497 Location of Generator: 302 W Live Oak, Port Lavaca, TX (Corner of Live Oak and San Antonio St) Page 35 of 58 CONTACTANO BILLING INFORMATION AND LOCATION OF FUEL TANKS AND GENERATORS, Continued EMS (Emergency Management Services) - Generator Calhoun County EMS Attn: Donna Hall, Accounts Payable 705 Henry Barber Way Port Lavaca, TX 77979 Office: 361-552-1140 Fax: 361-552-6552 Location of Generator: 705 Henry Barber Way, Port Lavaca, TX Memorial Medical Center (Hospital) -Generator Memorial Medical Center Attn: Melissa McKissack, Accounts Payable 815 N Virginia St Port Lavaca, TX 77979 Office: 361-552-0256; Fax: 361-551-4504 (Melissa McKissack, Accounts Payable) Office: 361-552-0392; Fax: 361-552-0312(Sylvia Vargas, Plant Services Dept. Asst. —Order Contact) Office: 361-552-0224; Fax: 361-552-0220 (Diane Moore, Chief Financial Officer) Location of Hospital Generator: 815 N Virginia St, Port Lavaca, TX Memorial Medical Clinic -Generator Memorial Medical Clinic c/o Memorial Medical Center Attn: Melissa McKissack, Accounts Payable 815 N Virginia St Port Lavaca, TX 77979 Office: 361-552-0256; Fax: 361-551-4504 (Melissa McKissack, Accounts Payable) Office: 361-552-0392; Fax: 361-552-0312(Sylvia Vargas, Plant Services Dept. Asst. — Order Contact) Office: 361-552-0224; Fax: 361-552-0220 (Diane Moore, Chief Financial Officer) Location of Clinic Generator: 1016 N Virginia St, Port Lavaca, TX Page 36 of 58 STATE OF TEXAS {} AFFIDAVIT COUNTY OF CALHOUN {} The undersigned certifies that the bid prices contained in this bid have been carefully checked and are submitted as correct and final and if bid is accepted, agrees to furnish any and/or all items upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications and General Conditions. 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 affirm that I am duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this Bid in collusion with any other Bidder. 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. The contents of this Bid as to prices, terms or conditions of said Bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this Bid. Affiant Printed Name and Title of Affiant Name of Bidder (Company) Address Phone Number Fax Number Email Address 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 Notary Public in and for County, Texas Page 37 of 58 CERTIFICATE OF INTERESTED PARTIES FORM 1295 OFFICE USE ONLY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. ♦`� 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. !' 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 3 Provide the identification number used by the governmental entity or state agency to t k Identify the contract, and provide a description of the services, goods, or other property to be provided U t a contract. 4 ature of Interest (check applicable) Name of Interested Party City, State, Country (place of business) Controlling Intermediary 5 ❑Check only if there' I terested Party. 6 UNSWORN DE`C=L1@ N My name is +�`` , and my date of birth is My addreqar �s`J' (street) (city) (state) (zip code) (country) lkdc�l� under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017 Page 38 of 58 Calhoun County, Texas POLICY OF COMPLIANCE SECTION 2252.908 TEXAS GOVERNMENT CODE Approved by Commissioners Court January 28, 2016 Amended by Commissioners Court January 31, 2018 Section 2252.908 was added to the Government Code by the 84'' Texas Legislature through the adoption of House Bill 1295. The law states that the County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) is provided to the county at the time the contract is considered for action by Commissioner's 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. The law does not apply to a contract between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within 30 days of approving a contract with a business entity. Governmental transparency is the objective of the law. Senate Bill 255 adopted by the 851 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 hqps•//www.ethics.state.tx.us/whatsnew/elf info form 1295.htm. A business entity will generate Form 1295 online. Calhoun County will acknowledge online the receipt of Form 1295 after a contract is executed. Within seven business days, Form 1295 will be available for public viewing on the Commission's website. COMPLAINCE Calhoun County%Commissioners Court will not consider for action any contract or bid 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 30 days after Commissioner's Court approves a contract or awards a bid with anon -exempt business entity, the County Clerk will file acknowledgement of receipt of the Form 1295 with the Ethics Commission, Page 39 of 58 Vendor must Insert/Attach a copy of Certificate of Liability Insurance showing proof of coverage required under this Invitation To Bid Package ** Once bids are awarded, the vendor that is awarded a bid must provide a Certificate of Liability Insurance that reflects that Calhoun County (certificate holder) is an additional insured on general liability subject to the conditions of the additional insured. (See General Conditions) Page 40 of 58 CERTIFICATION REGARDING DEBARMENT & SUSPENSION AND OTHER RESPONSIBILITY MATTERS In accordance with the Executive Order 125499 the prospective primary participant certifies to the best of his / her knowledge and belief, that its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; bI Have not within athree-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification. d. Have not within athree-year period preceding this application /proposal had one or more public transactions (federal, state, or local) terminated for cause of default. e. Acknowledge that all sub -contractors selected for this project must be in compliance with paragraphs (1) (a —d) of this certification. Name and Title of Authorized Agent Signature of Authorized Agent I am unable to certify to the above statements. My explanation is attached. Date Page 41 of 58 DEBARMENT & SUSPENSION Executive Order 12549--Debarment and Suspension Source: The provisions of Executive Order 12549 of Feb. 18, 1986, appear at 51 FR 6370, 3 CFR, 1986 Comp., p. 189, unless otherwise noted. By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that: Section 1. (a) To the extent permitted by law and subject to the limitations in Section I (c), Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of a participant in a program by one agency shall have government -wide effect. (b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees. (c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment. Sec. 2. To the extent permitted by law, Executive departments and agencies shall: (a) Follow government -wide criteria and government -wide minimum due process procedures when they act to debar or suspend participants in affected programs. (b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5. (c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently. Sec. 3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6. The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines. Page 42 of 58 See. 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which shall monitor implementation of this Order. The Committee shall consist of representatives of agencies designated by the Director of the Office of Management and Budget. Sec. 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded from program participation under this Order, periodically distribute the list to Federal agencies, and study the feasibility of automating the list; coordinate with the lead agency responsible for government -wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order. See. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government -wide criteria and government -wide minimum due process procedures, and set forth other related details for the effective administration of the guidelines. Sec. 7. The Director of the Office of Management and Budget shall report to the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make recommendations as are appropriate further to curb fraud, waste, and abuse. Implementation in the SRF Programs A company or individual who is debarred or suspended cannot participate in primary and lower -tiered covered transactions. These transactions include SRF loans and contracts and subcontracts awarded with SRF loan funds. Under 40 C.F.R. 32.510, the SRF agency must submit a certification stating that it shall not knowingly enter into any transaction with a person who is proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the SRF program. This certification is reviewed by the EPA regional office before the capitalization grant is awarded. A recipient of SRF assistance directly made available by capitalization grants must provide a certification that it will not knowingly enter into a contract with anyone who is ineligible under the regulations to participate in the project. Contractors on the project have to provide a similar certification prior to the award of a contract and subcontractors on the project have to provide the general contractor with the certification prior to the award of any subcontract. In addition to actions taken under 40 C.F.R. Part 32, there are a wide range of other sanctions that can render a party ineligible to participate in the SRF program. Lists of debarred, suspended and otherwise ineligible parties are maintained by the General Services Administration and should be checked by the SRF agency and all recipients of funds directly made available by capitalization grants to ensure the accuracy of certifications. Additional References C 40 C.F.R. Part 32: EPA Regulations on Debarment and Suspension. Page 43 of 58 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session, OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. !J Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? El Yes El No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? 71 Yes El No 6 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 this box if the vendor has given the local government officer or a family member of the officer one or more gifts ❑Check as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.staie.tx.us Revised tfe44O58 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes,iegis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code S 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (1) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11 /30/2015 Page 45 of 58 HOUSE BILL 89 VERIFICATION CERTIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2270A01 the undersigned representative of Representative (hereafter referred to as Company) being an Company or Business Name adult over the age of eighteen (18) years of age, verify that the Company named above, under the provisions of Subtitle F, Title 10, Texas Government Code Chapter 2270: 1. Does not currently boycott the country of Israel; and 2. Will not boycott the country of Israel during the term of the contract with Calhoun County, Texas. Pursuant to 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means afor-profitsole proprietorship, organization, association, corporation, partnership, Joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Signature of Representative Print Name &Title Date State law requires certification from a Company for contracts (which includes contracts formed through purchase orders) involving goods or services regardless of the amount. Page 46 of 58 RESIDENCE CERTIFICATION Pursuant to Texas Government Code §2252.001 et seq., as amended, Calhoun County requests Residence Certification. §2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contract; pertinent provisions of §2252,001 are stated below: Sec. 2252.001 (B) "Nonresident bidder" refers to a person who is not a resident. ❑ I certify that (4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. is a "Nonresident Bidder" of Texas (Company Name) as defined in Government Code §2252.001 and our principal place of business is (City and State) ❑ I certifythat (Company Name) defined in Government Code §2252.001. Signature of Authorized Agent Printed Name and Title of Authorized Agent is a "Resident Bidder" of Texas as Page 47 of 58 VENDOR AND ORDER INFORMATION Please Type If handwritten, must be in ink and legible Vendor Name: Address: Remittance Address: Telephone: Fax: Email: Email(s) to send Bid Information: 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: Page 48 of 58 Request for Taxpayer Give Form to the Form Identification Number and Certification requester. Do not (Rev. October 2018) Department of the Treasury send to the IRS. Internal Revenue Service ► Go to wwwIhs gov1FormW9 for instructions and the latest Information. 1 Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank. 2 Business nama/diaregarded entity name, If different from above m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes, certain entities, not individuals; see a instructions on page 3): 0ElIndlviduaVsole proprietor or ElC Corporation ❑ S Corporation ElPartnership ❑ Trust/estate c single -member LLC Exempt payee code i f any) ❑ Umited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `0 2 Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting 15 �a LLC if the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code m c = another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that IL Is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other law Instructional ► (nyprv.roecmunramd wmawmue vre us7 y 5 Address (number, street, and apt. or suite no.) See Instructions. qe rut 41, Add re.SS Requesters name and address (optionaQ u1 6 City, state, and ZIP code 7 Ust account number(s) here (optiong Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a rPart resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other sole — m _ entities. It Is vour emolover identification number (EIN). If you do not have a number. see How to rat a TIN, later. Note: If the account Is in more than one name, see the Instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form is my coned taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) i have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) Indicating that I am exempt from FATCA reporting Is correct. Certification instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your coned TIN. See the instructions for Part Ii, later. Signature of U.S. person l General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form IN-9 and Its instructions, such as legislation enacted after they were published, go to www.1rs.gov/FarmW9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of information returns Include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) • Form 1D99-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Forrn 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Forn 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form VV-9 (Rev.10.2018) Page 49 of 58 CURRENT MARK-UP FOR DELIVERED FUEL CURRENT AWARDED BID TABULATIONS FOR THE CURRENT BID PERIOD January 1, 2019 thru December 31, 2019 Page 50 of 58 O W 'fl A A O O A 0 9 0 0 w m `� N '} "�' N N O (D n = n fD n V fD n r N fD n= n boom modo D N 'nr enT o A A w N m o X x o X 6 i 0000000 a (A CAw D o O w d w 1 d 0 0 m N x z o 7 - N 0 o v q— m " M— "a� o _Fo_m 00 o ov _ om o 00 O O � cO—_ 0 :D O O �D O r 0 :D O r 0 ;D O O �D O r O `D m 7O r O W O n A O PO A O n p 0 O C O C O K C O C O C O O C DI 3 DI N N J N N Q Vf = Q VI M Q V1 3 Q VI M Q VI m F Q V1 3 G (D �. O fD �. O fD C N �. C fD C N N m m — Q Q M Q c Q c Q c Q c N c m G (D N N N Q. , Q , Q Q Q Q Wool v z m m m iA -VF Z p m C O O O O O O O O O O O O O .n C Iv N F+ N F+ N F-` N 1> W W lD O lD O (D 0 lO O w 0 lO 0 r 0 m Z D 5 x a Z r w W 3 C m 3 4/ 4n V)o i/? Ion to -L/ q T Z O O O O O O O O O O O O D x G) ID lD O n O zo 4R iA V} 4 T 1/ 4. f 1/F 4/ -Vi [/} lR t? 1 Z 0 o O o 0 O O 0 0 O O O O f1 w w LO w w w w iu w LO iN W D 00 lO 0 F+ O I--' 0 1 H m m W C 4n iA i/? 4h IA V/ 1/ Lf t/1� t/T 4jI V/ Z p {� W Z 0 O O O CD 0 0 O O O O O G1 D N N N N N N N N N N N N a O O O O O O O O O O O O F O azzy w D X m D 1 r •• w m v "N (Ato A O to v. to 1 . v■ ..� v. to to to to y O O O O O O O O O O O O O C .p 'P A w w I--` F+ N N r G O O A A A A O 0 N N O O r0 (y w V1 3 a O O O 0 O o 0 O O 0 O O O V V orn m rn m cn to w to A A O O A A A A O O N N O 0 Page 51 of 58 County of Calhoun, Texas Addendum No.1 to Delivered Fuel Contract Generators at Various County Locations Location of Generator Calhoun County Courthouse 211SAnn St Port Lavaca TX 77979 Estimated Tank Size * Type of Fuel Orden tGallons) Fuel per Year 785 Diesel 1 Calhoun County Adult Dentention Center 706 Diesel 302 W Live Oak Corner of Live Oak and San Antonio St Port Lavaca TX 77979 EM5 (Emergency Management Services) 705 Henry Barber Way Memorial Medical Center 815 N Virginia St Port Lavaca TX 77979 1 www 16 Applicable STATE TAX MARK-UP per Galion 1perGallon K� COST per galk .b� * Type of Fuel: Diesel, Low Sulfur (On Road) . s!n#a �►attgPpf:cJ ('�,�e,� �;or..� �oFs•.-�aa� � ao Sr�r6 ** Invoice may include LUST Tax - Calhoun County is not exempt from this tax *** Memorial Medical Center has previously placed the following orders: 9/12/18 = 858 Gallons; 9/18/17 = 506 Gallons; 9/6/17 = 600 Gallons Page 53 of 58 Sample of Current Invoice with Backup Attached is a copy of a current invoice with backup provided by our current supplier. When billed, the below information must be included: 1. Invoice billed to Calhoun County with reference to the Calhoun County Department that is being billed. 2. Delivery Ticket that was signed by a Calhoun County employee at time of delivery. 3. The OPTS sheet (or rack pricing sheet from the same company throughout the term of the bid) showing rack prices on the date of delivery. Price for unleaded and/or diesel must be highlighted or clearly marked. Page 54 of 58 Z. INVOICE New Distributing P.O. BOX 1247 • 4102 HWY. 59 N VICTORIA, TEXAS 77902-1247 (361) 575-1981 (800) 831-1981 FAX (361) 575-2602 SOLD TO: Calhoun County Precinct 1 202 S. Ann St. Port Lavaca, TX 77979 NUMBER 2019/09/04 SHIP TO: CALHOUN COUNTY PRECINCT 1 PRECINCT BARN 305 HENRY BARBER WAY PORT LAVACA, TX CUSTOMER�NO. � - 0012331 -REFEfiENCE - -SHIP�VIA -. SHIPDATE TERMS STORE CODES .B/O PAOE. 305010 ITEM NO. OR 001 002 003 004 Our Truck UANTI�pppp,IPRODUCT NUN cD SHIPPED LINE . 01 660 ([JNL1010 2019f09/04 NET 30 DAYS DESCRIPTION UNIT AMOUNT PRICE 1.81700 1,199.22' .20000 132.00, Tax.00 66 993 2.04400 3,658.76 , Total Invoice 5,332.53 Tax Unleaded Un 1203 State Excise Tax #1 Federal Lust Fund Ultra Lo Diesel Un 1 State Excise Tax #1 Federal Lust Fund .19000 340.10 1.79 Page 55 of 58 New Distributing Ulm DELIVERY TICKET P.O. BOX 1247 • 4102 HWY. 59 N VICTORIA, TEXAS 77902-1247 NO. 305010 www,newdistributing.com (361)575-1981 Th;a iS' Qe{uPn• (800) 831-1981 FAX (361) 575-2602 DATE ^ 20 TERMS: ❑ .C.O.D. ❑ NEr 10 DAYS ❑ NET 30 DAYS ACCOUNT NO. j�� CUSTOMER P. O. NO, ��{�!� SOLD TO "'Q"`r\ � �to DELIVERED TO ee — ADDRESS DELIVERED BY dt^'G, Cl STATE EMERGENCY CONTACT: I400424-9300 PACKAGES HAZARDOUS MATERIAL ORIGIN PRICE TAX PRICE DESCRIPTION MANIFEST QUANTITY Excluding Including AMOUNT NO. KIND NUMBER Tax State Fed. Tax UN 1203, 87 BULK G3SPGNE, OCTANE UNLEADED �i6 134 ✓ Oflt Vol 13 3 t g$ UN1203, 89 UNLEADED V /j, - - BULK G 3SPG II OCTANE PLUS V v UN 1203, 93 SUPER BULK GASOLINE, 3, PG 11 OCTANE UNLEADED NA 1993, 5% ULSD BULK DIESELFUEL3, BID DYED PG III ` 5% - NA1993, L3 ULTRA•LOW Co ULK DIESEPG'UE, glp SULFURUIESEL59Q�s ✓ vwsl 40oo i UN 1223, KEROSENE, BULK 3, PG III KEROSENE NA 1268, NAPTHA, SOLVENT 3, PG III NA 1230, METHANOL METHANOL 3, PG III S The rice of this � al fuel fuel not inciud10 taxes and th 31 dIOS81 avid fuel nc s e' can ain visible REFORMULATED GASOLINE MAY CONTAIN UP TO 10% ETHANOL CONDITION O All ast due accounts are subject to the Sales Tex .� S_A4�: P I ❑ EXEMPT ❑ RESALE ❑ FARM USE gy lesser of 1 1/z%per month or maximum lawful rate, computed from thadue d te. 1 _. �33z 3 TERMS &NDITIONS dYCEPTED E&Y INVOICE WILL FOLLOW_., SUBJECT TO CORRECTION'. . X OF CLERICAL ERRORS vJHEVKED & REC VED ' Page 56 of 58 Customized OPIS City Rack Report for Virginia Anderson Page 1 of 2 rkl fsRe`u W;�h �n�orce Customized OPI€i City Flack Report for Virginia Anderson VICTORIA/PLACEDO, TX 2019-09-04 10:00: 03 EDT **OPIS CONTRACT BENCHMARK FILE** **OPTS GROSS CBOB ETHANOLUOU PRICES** 7.8 RVP Move Tema Unl Move Mid Move Pre Move Date Time Shell -Mot b 125-3 166.17 - 5.01 183.38 - 5.01 216.80 - 5.01 09/03 18:00 XOM b 125-3 166.22 - 4.69 182.17 - 4.69 216.85 - 4.69 09/03 19:00 Valero b 1-10 167.85 - 4.90 183.35 - 4.90 216.00 - 4.90 09103 18:00 Citgo b 1-10 167.94 - 4.73 183,60 - 9.72 215.92 - 9.73 09/03 18:00 Cenex b 1-10 169,49 - 4.09 -- -- -- -- -- -- ^- -- 09103 10:00 . '. Cit%a u 1-10 170.83 - 4.71 186.59 - 4.70 218.30 - 4.71 09/03 18:00 PSX b 1-10 171.36 - 5.05 186.51 - 5.05 218.83 - $.05 09/03 18:00 LOW RACK 166.17 182.17 215.92 HIGH RACK 171.36 106.59 210,03 RACK AVG 168.55 189.27 217.12 OPIS GULF COAST DELIVERED SPOT (SRI) FOB VICTORIA/PLAC 150.65 -- -- 164,15 ERD LOW RACK 166,17 182.17 215.92 ✓ ✓ 0. BRD HIGH RACK 171.36 286.51 218.83 pv A&r BRD RACK AVG 168.17 183.00 216,88 UBD LOW RACK 170.83 186.59 218.30 UBD HIGH RACK 170.83 106.59 218.30 UBD RACK AVG 170.83 186.59 218.30 CONT AVG-09/04 168.55 184.27 217.12 CONT IOW-09/04 166.17 182,17 215.92 CONT HIGH-09/04 171.36 186.59 218.83 VICTORIA, TX LOW RETAIL 226.20 AVG RETAIL 232.06 LOW RETAIL EX -TAX 187.63 AVG RETAIL EX -TAX 193.50 VICTORIA/PLACEDO, TX 2019-09-04 10:00:03 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR LED DISTILLATE PRICES** Move Tema No.2 Move No.1 Move Pre Move Date Time Motive b 125-3 191.80 - 4.39 -- -- -- -- -- -- -- -- 09/03 18:00 Shell -Mot b 125-3 192.64 - 4.90 -- -- -- -^ -- -- -- -- 09/03 18:00 Citgo b 1-10 193.49 - 3.99 -- -- -- -- -- -- -- -- 09/03 10:00 Citgo u 1-10 193.49 - 3.99 -- -- -- -- -- -- -- -- 09/03 18:00 Valero b 1-10 193.70 - 2.95 -- -- -- -- -' -- -- -- 09/03 18:00 PBX b 1-10 194.18 - 3.00 -- -- '- -- '- ^- -' -- 09/03 18:00 Cenex b 1-10 196.80 - .87 -- -- -- -- -- -- -- -' 09/03 18:00 LOW RACK 191.80 -- -- -- -^ HIGH RACK 195.80 -- -- ^- -^ RACK AVG 193.59 -- -- -- -- OPIS GULF COAST DELIVERED SPOT (Sill) FOB VICTORIA/PLAC 180.39 -- -- -- BRD LOW RACK 191,80 -- -- -- '^ DRD HIGH RACK 195.80 -- -- ^- -- BRD RACK AVG 193.60 -- -- -- -- UBD LOW RACK 193,49 -- -- -- -- UBD HIGH RACK 193.99 -- -- -- -- UBD RACK AVG 193,49 -- -- -- -- CONT AVG-D9/04 193.59 -- -- -- -^ CONT LOW-09/04 191.80 -- -- -- -^ CONT HIGH-09/04 195.80 VICTORIA/PLACEDO, TX 2019-09-04 10:00:03 EDT **OPIS CONTRACT BENCHMARK FILE** **OPTS GROSS ULTRA LOW SULFUR RED DYE LED DISTILLATE PRICES** N0.2 No.l Pre Move https://webracks,opisuet.com/Default.aspx 9/4/2019 Page 57 of 58 Customized OPIS City Rack Report for Virginia Anderson tie Page 2 of 2 �i,5 i 5 r&4L.rnr,d Wi+lam tnvbloe.. Terms RD Move RD Citgo b 1-10 193.89 - 3.94 -- -- Citgo u 1-10 193.89 - 3.94 -- -- PBX b 1-10 195.19 - 3.00 -- -- Cenex b 1-10 196.20 - .87 -- -- LOW RACK 193.89 -- -- HIGH RACK 196.20 -- -- RACK AVG 194.79 -- -- OPIS GULP COAST DELIVERED SPOT (SRI) FOB VICTORIA/PLAC 180.74 -- -- BRD LOW RACK 193.89 -- -- BRD HIGH RACK 196.20 -- BRD RACK AVG 195.09 -- -- UBD LOW RACK 193.89 -- -- UBD HIGH RACK 193.B9 -- -- UBD RACK AVG 193.89 -- -- CONT AVG-09/04 194.79 -- -- CONT LOW-09/04 193.89 -- -- CONT HIGH-09/04 196.20 -- -- Move RD Move Date Tlme -- -- 09/03 18:00 __ __ -- -- 09/03 18:00 09/03 18:00 -- -- -- -- -- 09/03 18:00 -- VICTORIA/PLACEDO, TX 2019-09-09 10: 00:03 EDT **OPIS CONTRACT BENCHMARK PILE** **OPIS GROSS WHOLESALE B5 SME BIODIESEL PRICES" ULS2 ULS2D Move Terms LED LED Date Time Motive b 125-3 191.80 -- -- 09/03 18:00 Shell -Mot b 125-3 192.64 -- -- 09/03 18:00 XOM b 125-3 192.66 -- -- 09/03 19:00 Valero b 1-10 193.35 -- -- 09/03 18:00 Citgo b 1-10 193.49 193.89 09/03 18:00 >4 Citgo u 1-10 193.49_ 193.09 09/03 18[00 '�SX b 1-10 194.18 -- -- 09/03 18:00 LOW RACK 191.80 193.89 HIGH RACK 199.18 193.89 RACK AVG 193.09 193.89 BRD LOW RACK 191.80 193.89 BRD HIGH RACK 194.18 193.89 BRD RACK AVG 193.02 193.89 UBD LOW BACK 293.99 193.89 UBD HIGH RACK 193.49 193.89 UBD RACK AVG 193.49 193.89 CONT AVG-09/04 193.09 193.89 CONT LOW-09/04 191.80 193.89 CONT HIGH-09/04 194.18 193.B9 Copyright, oil Price Information Service https:!/webracics.opisnet.com/Default.aspx 9/4/2019 Page 58 of 58 Commissioners' Court — OCTOBER 23, 2019 14. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 14) To approve the specifications and authorize the County Auditor to advertise for Road Materials and Asphalts, Oils and Emulsions, Bid Number 2020-03 for the period beginning January 1, 2020 and ending December 31, 2020. Bids will be due 2%00 pm Wednesday, November 20, 2019 and considered for award on Wednesday, December 11, 2019. (RM) Remove items # 4, 51 17, & 20. No changes to the specs. RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 12 of 18 t LIST OF MATERIALS ROAD MATERIALS AND ASPHALTS, OILS AND EMULSIONS BID NUMBER: 2020-03 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 All materials shall meet or exceed "Texas Department of Transportation Current Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges" and/or Calhoun County requirements. ROAD MATERIALS Bid Item #1: Limestone-3/4 Inch to Dust Bid Item #2: Item 247, Type A Limestone, Grade 2 [1 % Inch] Bid Item #3: Item 247, Type A Limestone, Grade 3 [1 % Inch] Bid Item #6: Item 275, Cement 275-2.1, Hydraulic Cement Type 1, Bulk (Pneumatic Tankers, Spreader Bar Needed) 275-2.1, Hydraulic Cement Type 1, 47 lb. Bag (on Pallets) Bid Item #7 Item 302, Type PB, Grade 3 (Pre -Coated Rock) Bid Item #8 Item 302, Type PB, Grade 4 (Pre- Coated Rock) Bid Item #9 Item 302, Type PE, Grade 3 (Pre -Coated Rock), *Material Source out of Bid Item #10 Item 302, Type PE, Grade 4 (Pre -Coated Rock), *Material Source out of Bid Item #11 Item 302, Type E, Grade 5, Ice Rock (Non Coated Limestone Only) Bid Item #12 Item 330, Type D (Pre -Mix Limestone) Bid Item #13 Item 330 D, Pothole Repair, 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. Bid Item #14 Item 334, Type D, Hot Mix Cold Laid Asphalt Concrete Pavement Material must meet or exceed Item 334, 4.1.21MF Table #5 Laboratory Mixture Design Properties found in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Bid Item #15 Item 432 Riprap, Section 2.3 Stone Riprap, 12" Limestone ASPHALTS, OILS &EMULSIONS Item 300, Asphalts, Oils and Emulsions Bid Item #16 Primer Oil Bid Item #18 RC-250 —Temperature must be no lower than 140° Bid Item #19 CRS-2 —Temperature must be no lower than 150°and no higher than 180° Page 4 of 53 LIST OF MATERIALS ROAD MATERIALS AND ASPHALTS, OILS AND EMULSIONS BID NUMBER: 2020-03 BID PERIOD: JANUARY 1, 2020 thru DECEMBER 31, 2020 All materials shall meet or exceed "Texas Department of Transportation Current Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges" and/or Calhoun County requirements. ROAD MATERIALS Bid Item #1: Limestone-3/4 Inch to Dust Bid Item #2: Item 247, Type A Limestone, Grade 2 [1 % Inch] Bid Item #3: Item 247, Type A Limestone, Grade 3 [1 % Inch] Bid Item #6: Item 275, Cement 275-2.1, Hydraulic Cement Type 1, Bulk (Pneumatic Tankers, Spreader Bar Needed) 275-2.1, Hydraulic Cement Type 1, 47 lb. Bag (on Pallets) Bid Item #7 Item 302, Type PB, Grade 3 (Pre -Coated Rock) Bid Item #8 Item 302, Type PB, Grade 4 (Pre- Coated Rock) Bid Item #9 Item 302, Type PE, Grade 3 (Pre -Coated Rock), *Material Source out of IN Bid Item #10 Item 302, Type PE, Grade 4 (Pre -Coated Rock), *Material Source out of Bid Item #11 Item 302, Type E. Grade 5, Ice Rock (Non Coated Limestone Only) Bid Item #12 Item 330, Type D (Pre -Mix Limestone) Bid Item #13 Item 330 D, Pothole Repair, 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. LRAMlxture-Furnish LRA according to DMS-9210, "Limestone Rock Asphalt (LRA)", Item 330 D per the Surface Aggregate Classification plans as set or 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. Bid Item #14 Item 334, Type D, Hot Mix Cold Laid Asphalt Concrete Pavement Material must meet or exceed Item 334, 4.1.2 JMF Table #5 Laboratory Mixture Design Properties found in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Bid Item #15 Item 432 Riprap, Section 2.3 Stone Riprap, 12" Limestone ASPHALTS. OILS & CRAM LSIONS Item 300, Asphalts, Oils and Emulsions Bid Item #16 Primer Oil Page 4 of 53