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2019-12-23 CC MINUTESCommissioners' Court — DECEMBER 23, 2019 REGULAR 2019 TERM DECEMBER 23, 2019 BE IT REMEMBERED THAT ON DECEMBER 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 6 Commissioners' Court — QECEMBER 23, 2019 4. General Discussion of Public matters and Public Participation. N/A 5. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 5) To authorize Friends of Port O'Connor Library to erect a sign at the Port O'Connor Library. (GR) Michelle Leopold and Terri Maguire gave the description of the sign. Motion was approved with Windstorm Specs met. RESULT: APROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct l AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 6. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 6) To award the bid for Alligator Management and Nuisance Control, Bid Number 2020-04 for the period beginning January 1, 2020 and ending December 31, 2020 and authorize the County Judge to sign the contract and all necessary documents. (RM) RESULT: APROVED [UNANIMOUS] ; MOVER: Gary Reese, Commissioner Pct 4 SECONDER. Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 7. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 7) On Port Alto Shoreline Restoration Construction Services FNI Project No. CCY17350 and authorize Commissioner Syma to sign the Professional Service Agreement with Freese and Nichols. (CS) No Action Taken Page 2 of 6 Commissioners' Court —DECEMBER 23, 2019 8. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 8) To transfer $29,635.00 from GOMESA funds to Port Alto Shoreline Restoration Construction FNI Project No. CCY173SO for services provided by Freese and Nichols post Hurricane Harvey. (CS) Pass 9. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 9) To extend the SAVNS Maintenance Grant Contract with the DAG to August 31, 2020 and authorize the County Judge to sign. (RM) RESULT: APROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 10. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 10) To adopt the updated Flood Damage Prevention Order. (RM) RESULT: APROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 11. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 11) To approve the final payment to BKCK LTD (the Keating Property) in the amount of $1,259,156.91 and authorize Judge Meyer to sign all closing documents. (RM) RESULT: APROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 3 of 6 Commissioners' Court — DECEMBER 23, 2019 12. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 12) Approve and agreement with CFI Mechanical, Inc. to perform quarterly maintenance on the jail chiller and authorize Judge Meyer to sign. (GR) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 13. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 13) To vacate a 2.36 acre portion of Outlot 3, Outblock 11, Port O'Connor Townsite Outlots as recorded in Volume 2, Page 1 of the Deed Records of Calhoun County, Texas. (GR) Easy Munoz of Urban Engineering spoke on this matter. RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 14. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 14) To approve the Final Plat of Pueblo Pesquero. (GR) 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 vacate Outlots 4, 5, and 6, Outblock i, Port O'Connor Townsite Outlots according to plat recorded in Volume 2, Page 1 of the Deed Records of Calhoun County, Texas. (GR) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 4 of 6 Commissioners' Court — DECEMBER 23, 2019 16. Recognize the County Clerk's Office for receiving the 5 Star Award for their excellence in Vital Statistics Registration for 2017, 2018, 2019. (RM) No Action Taken. 17. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 17) To declare Precinct 5 Constable's radio as waste and authorize its disposal. No Action Taken 18. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 18) To declare a 25" RCA TV in the Emergency Management department as waste and authorize its disposal. (RM) RESULT: APPROVED [UNANIMOUS] MOVER:. Gary Reese, Commissioner Pct 4 SECONDER: David Hall, Commissioner Pct' AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 19. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 19) To declare a Surger Steam Boiler and Hoshizaki Ice Maker located in the Surgery Department of Memorial Medical Center as waste and authorize their disposal, (RM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 5 of 6 Commissloners' Court —DECEM3ER 23, 2019 20. Accept reports from the following County Offices: 1. Justice of the Peace, Precinct 1— November 2019 (revised) 21, Consider and take necessary action on any necessary budget adjustments. RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese 22. Approval of bills and payroll. (RM) MMC RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 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 Payroll RESULT: APPROVED [UNANIMOUS] MOVER; David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Adjourned: 10:39 am Page 6 of 6 Commissioners' Court — DECEMBER 23, 2019 REGULAR 2019 TERM 0 DECEMBER 23, 2019 BE IT REMEMBERED THAT ON DECEMBER 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 20 Comrrissiorers` Court—DFCFMBFR 23, 2019 4. General Discussion of Public matters and Public Participation. N/A Page 2 of 20 Commissioners' Cour%--DECEMBER 23, 2019 5. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 5) To authorize Friends of Port O'Connor Library to erect a sign at the Port O'Connor Library. (GR) Michelle Leopold and Terri Maguire gave the description of the sign. Motion was approved with Windstorm Specs met. RESULT: APROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES1 A Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 3 of 20 Gary D. Reese County Commissioner County of Calhoun Precinct 4 December 8, 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 December 23, 2019. • Consider and take necessary action to authorize Friends of Port O'Connox Library to erect a sign at the Port O'Connor Library, Sincerely, Gary. Reese GDR/at P.O. Box l77 —Seadrift, Texas 77983 —email: xarv.reese@calhouncotx.ore — (361) 785-314I —Fax (361) 785-5602 Commissioners' Court — DECEMQER 23, 2019 6. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 6) To award the bid for Alligator Management and Nuisance Control, Bid Number 2020-04 for the period beginning January 1, 2020 and ending December 31, 2020 and authorize the County Judge to sign the contract and all necessary documents. (RM) RESULT: APROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 4 of 20 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: DECEMBER 16, 2019 RE: AGENDA ITEM for Commissioners' Court, December 23, 2019 Please place the following on the December 23, 2019 Commissioners' Court Agenda. ► Consider and take necessary action to award the bid for Alligator Management and Nuisance Control, Bid Number 2020-04 for the period beginning January 1, 2020 and ending December 31, 2020 and authorize the County Judge to sign the contract and and all necessary documents. Commissioners' Court - DECEMBER 23, 2019 7. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 7) On Port Alto Shoreline Restoration Construction Services FNI Project No. CCY173SO and authorize Commissioner Syma to sign the Professional Service Agreement with Freese and Nichols. (CS) No Action Taken Page 5 of 20 Clyde Syma Calhoun County Commissioner, Precinct 3 24627 State Hwy, 172-01ivia, Port Lavaca, Texas 77979 _ Office (361) 893-5346 — Fax (361) 893-5309 Email: clVde svmano calhouncoix.orA a December 16,2019 Honorable Richard Meyer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: Agenda Ttem Dear Judge Meyer: Please place the following item on the Commissioner's Court Agenda for Dec. 23, 2019. • Please Consider and Take Necessary Action on Port Alto Shoreline Restoration Construction Services FNl Project No. CCY17350 and authorized Commissioner Syma to sign the Professional Service Agreement with Freese and Nichols. Sinncere relyy., Clyde Syma Commissioner Pct. 3 PROFESSIONAL SERVICES AGREEMENT — ATTACHMENT A TASK AUTHORIZATION Clyde Syma, Precinct 3 Commissioner Calhoun County 24627 State Highway 172 Port Lavaca, TX 77979 Project Name: Port Alto Shoreline Restoration Construction Services Description of Services: See Attachment SC, Deliverables: See Attachment SC. Schedule: See Attachment SC. Calhoun County Task Authorization Na, 3 fNl Project No, CCY17350 Master Agreement Executed on May 13, 2016 and expires on December 31, 2020 Compensation shall be: Not -to -Exceed $29,635.00 in accordance with Attachment CO All other provisions, terms and conditions of the Professional Services Agreement which are not expressly amended shall remain in full force and effect. FREESEAND HOLS,INC!/ ^ /� BY: Robert W. Chambers, PG Print Name TITLE: Vice /)President 9 DATE: w li'/r CALHOUN COUNTY BY: Print Name TITLE: DATE: ATTACHMENT CO COMPENSATION Compensation to FNI for Basic Services in Attachment SC shall be computed on the basis of the Schedule of Charges, but shall not exceed Twenty -Nine Thousand Six Hundred Thirty -Five Dollars ($29,635.00). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Professional - 1 107 Professional - 2 130 Professional - 3 146 Professional - 4 169 Professional - 5 197 Professional - 6 225 Construction Manager-1 85 Construction Manager - 2 111 Construction Manager - 3 131 Construction Manager-4 164 CAD Technician/Designer - 1 91 CAD Technician/Designer - 2 117 CAD Technician/Designer - 3 145 Corporate Project Support-1 87 Corporate Project Support - 2 105 Corporate Project Support - 3 139 Intern/ Coop 53 Senior Advisor 175 Rates for In -House Services Buik Printing and Reproduction B&W Color Small Format (per copy) $0.10 $0,25 Travel Large Format (per sq. ft.) Standard IRS Rates Bond $0,25 $0.75 Glossy /Mylar $0,75 $1,25 Vinyl/Adhesive $1,50 $2,00 Mounting (per sq. ft.) $2,00 Binding (per binding) $0,25 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.0. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the fNl office. For other miscellaneous expenses directly related to the work, Including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members, these services will be billed at a cost times a multipler of 1.0. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 1.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. These rates will be adjusted annually in February. zozzozs d. FNI shall advise Client as to the necessity of Client's providing or obtaining data or services from others and assist Client in connection with anysuch services. Geotechnical investigation and boundary surveying is not included in Basic Services, B. DESIGN PHASE: FNI shall provide professional services in this phase as follows: 1. An updated field topographic survey will be conducted to quantify current conditions of the borrow areas and the fill areas. This field survey effort will be performed by Naismith Marine. The previous topographic survey was collected prior to Hurricane Harvey, and it is necessary to collect updated survey information to provide current information needed to update the bid documents. This survey effort will include a topographic/bathymetric survey, establishment/recovery of project benchmarks, and location of private property lines near borrow sites, to clearly delineate where work is to be done. 2. Update drawings and specifications. FNI anticipates that updates may be required to: a. Temporary erosion control plan b. Cut/fill quantities c. Location of known pipelines and property boundaries d. Project control (post survey) e. Bid specifications 3. Furnish such information necessary to utility companies whose facilities may be affected or services may be required for the Project. 4. Prepare revised opinion of probable construction cost. 5. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed. 6. Provide design submittals at 90% and 100% design milestones. 7. Furnish Client three (3) sets of printed copies and one (1) electronic copy (.pdf format) of drawings, specifications, and bid proposals marked "Preliminary" for approval by Client, for each design submittal as described above. Upon final approval by Client, FNI will provide Client one (1) set of reproducible "Final" drawings and one (1) loose set of specifications for reproduction by Client. &. FNI staff shall attend meetings with County or their representatives. This Scope of Services includes weekly half-hour meetings for a 4-week period, plus two additional one -hour meetings. If additional meetings are required, those meetings will constitute an Additional Service. C. CONSTRUCTION PHASE GENERAL. REPRESENTATION: FNI will proceed with the performance of construction phase general representation services as described below. FNI will endeavor to protect Client in providing these services. However, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. These services are based on the use of FNI standard General Conditions for construction projects. Modifications tothese services required by use of othergeneral conditions or contract administration procedures are an additional service. If general conditions other than FNI standards are used, the Client agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsultants on this project to be listed as an additional insured on contractor's insurance policies. 1. Assist Client in conducting pre -construction conference with the Contractor. 2. Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract, 3. Make up to two site visits to the construction site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the Client against defects and deficiencies in the work of Contractors and will report any observed deficiencies to Client. Visits to the site in excess of the specified number are an Additional Service. 4. Notify the Client of non -conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment Installation reports or other documentation required by the Construction contract documents. 5. Interpret the drawings and specifications for Client and Contractor(s). Investigations, analyses, and studies requested by the Contractors) and approved by Client, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 6. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the Client to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the Client. Documentation of field orders, where cost to Client is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Client are an additional service. Substitutions of materials or equipment or design modifications requested by the Client are an additional service. 7. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Client on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the Client if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. SC-4 8. Conduct, in company with Client's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assistthe City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of one trip is an Additional Service, ARTICLE II SPECIAL SERVICES: FNI shall render the following professional services, which are not included in the Basic Services described above, in connection with the development of the Project: 1. None Identified ARTICLE III ADDITIONAL SERVICES: Any services performed by FNI that are not included in the Basic Services or Special Services described above are Additional Services, Additional Services to be performed by FNI, if authorized by Client, may include the following: • Geotechnical Investigation — It is our understanding this will be provided by others. A geotechnical engineer may be required to provide a detailed examination of the existing sediment borrow areas relative to the placement areas. This effort will provide depth and quality of borrow material, and how it compares to areas of placement. This may be avoided with written permission from Owner with a full understanding of the risks. Boundary Survey A new magnetometer survey and probing to field locate all existing gas mains in proximity to the project area. Floodplain Study Easement Designation Structural design (including Site Retaining Walls, foundations, breakaway wall design, and anchoring analysis) Design services necessary to relocate the borrow site due to conflicts with gas pipelines, conflicts with property boundaries, conflicts with project access due to existing infrastructure, and/or maintaining compliance with existing Section 10/404 permits. Permit Fees Storm Water Pollution Prevention Plan Development and Permitting Environmental studies including endangered species investigation, wetland determination, archeological investigation, Section 10/404 CWA permitting, and Phase 1 ESAs Construction staking Unanticipated engineering services associated with issues that may arise during construction. Should any of these services be desired or required, an additional scope and fee proposal may be necessary. Once design is reviewed and approved by owner, any modifications to such plans may be considered as additional services. ARTICLE IV TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services in accordance with the following schedule: Review Existing Bid Documents— 30 days from notice -to -proceed. Survey — 60 days from notice -to -proceed Update Construction Documents — draft construction documents will be submitted to Client within 30 days from completion of survey. Final construction documents will be submitted to Client within 14 days of receipt of comments or approval from Client. Construction Phase services and project management will occur from notice -to -proceed for the full duration of construction activities If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in Client or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in Attachment CO. ARTICLE V RESPONSIBILITIES OF CLIENT: Client shall perform the following in a timely manner so as not to delay the services of FNI: A. Client recognizes and expects that change orders may be required to be issued during construction. The responsibility for the costs of change orders will be determined on the basis of applicable contractual obligations and professional liability standards. FNI will not be responsible for any change order costs due to unforeseen site conditions, changes made by or due to the Client or Contractor, or any change order costs not caused by the negligent errors or omissions of FNI. Nothing in this provision creates a presumption that, or changes the professional liability standard for determining if, FNI is liable for change order costs. It is recommended that the Client budget a minimum of 5%for new construction and a minimum of 10% for construction that includes refurbishing existing structures. B. Designate in writing a person to act as Client's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define Client's policies and decisions with respect to FNI's services for the Project. C. Provide all criteria and full information as to Client's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Client will require to be included in the drawings and specifications. D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. E. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this Agreement. F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Client deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay, or cause rework in, the services of FNI. G. Client shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. Client shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by Client. Provide such accounting, independent cost estimating and insurance counseling se vices as may be required forthe Project, such legal services as Client may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as Client may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such Inspection services as Client may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. If Client designates a person to serve in the capacity of Resident Project Representative who is not. FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of this Agreement before the Construction Phase of the Project begins. Said attachment shall also set forth appropriate modifications of the Construction Phase General Representation services as defined in Attachment SC, Article I, D, together with such adjustment of compensation as appropriate. J. Attend the pre -bid conference, bid opening, preconstructioncnnferences, construction progress and other job -related meetings and substantial completion inspections and final payment inspections. K. Give prompt written notice to FNI whenever Client observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. L. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article III of this Agreement or other services as required. M. Bear all costs incident to compliance with the requirements of this Article V. ARTICLE VI DESIGNATED REPRESENTATIVES: FNI and Client designate the following representatives: Client's Designated Representative Clyde Syma Calhoun County Commissioner Precinct 3 24627 State Highway 172 Port Lavaca, TX 77979 Phone: 361-893-5346 Email: Clyde.Syma@calhouncotx.org Client's Accounting Representative FNI's Designated Representative— FNI's Accounting Representative — Cynthia Mueller 202 S. Ann, Suite B Port Lavaca, TX 77979 361.553,4610 cindy.mueller@calhouncotx.org Juan Moya 10431 Morado Circle 135-S 300 Austin, Texas 78759 512-617-3134 J an.moya@freese.com Kelly Shriver 4055 International Plaza, Ste, 200 Fort Worth, TX 76109 817-735-7351 KJS@freese.com DocuSign Envelope ID: 08BIOCBD-57A8AFB9-ACB2-5F8D7A87596F CERTIFICATE OF INTERESTED PARTIES 1295 FORM 1 of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2019-563550 Freese and Nichols, Inc. Fort Worth, TX United States Date Filed: 11/20/2019 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County,TX Date Acknowledged: . 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. PSA Port Alto Emergency Shoreline Protection - Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Pence, Bob Fort Worth, TX United States X Cole, Scott Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Greer, Alan Fort Worth, TX United States X Johnson, Kevin Dallas, TX United States X - Milrany, Cindy Fort Worth, TX United States X Nichols, Mike Fort Worth, TX United States X Taylor, Jeff Houston, TX United States X Wolfhope, John Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION my name is Stephanie Stephenson and m date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing Is true and correct. Executed in Tarrant County, State of Texas , on the 20 day of Nov , 20 19 ' (month) (year) rooeuftned by: I �fyf,�r,� Signature of authoriz (Dd cr' )`aSggWting business entity Forms provided by Texas Ethics Commission WN/lNR[hlcSstate.tX.US version V1.1.3atiaava ACO ® CERTIFICATE OF LIABILITY INSURANCE D 11/ YYY) 1v7/2012o1s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING' INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate the terms and conditions of the holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such Endorsement(s). PRODUCER Ames & Gough 8300 Greensboro Dr, SUlte 980 CONTACT NAME: IP ONE , 703-827-2277 FAX No:703-827-2279 EMAIL ADDRESS: admln@amesgough.com McLean VA 22102 INSURERS AFFORDING COVERAGE NAICV INSURER A: Continental Casualty Company CNA A, XV 20443 INSURED Freese and Nichols, Inc. 4055 International Plaza, Suite Fort Worth TX 76109 FREEAND-02 200 INSURERS: Hartford Casualty Insurance Com an A+ XV 29424 INSURER c: Trumbull Insurance Company A+ XV 27120 INSURER o: Hartford Underwriters Insurance Company A+ (XV) 30104 INSURERE: Twin City Fire Insurance CompanyA+ XV 29459 NSURERF: COVERAGES CERTIFICATE NUMBER: 1472294825 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR LTR OF INSURANCE ADDLTYPE Jam SUn POLICY NUMBER MMDDYNYYY EFF MMODlYYIYY LIMITS D X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 42UUNN16224 10/2312019 10/23/2020 EACH OCCURRENCE $1,000,OOD PREMISE Ea occurrence S 1,000,000 N ED EXP (Any one person) $10,000 PERSONAL& ADV INJURY $10000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a JECOT LOG OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OPAGG S2,00%000 S E AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS 42UENN16305 10/2312019 1012312020 COMBINED SINGLE UNIT a auadent S tooe000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per acadenl S S B X UMBRELLALIAS EXCESS LUIB X OCCUR CLAIMS -MADE 42XHUB11257 10/2312019 10/23/2030 EACH OCCURRENCE S10,000,000 AGGREGATE S10,000,om OED I X I RETENTION$ loom S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIEfORIPARTNERECUTIVE Y/N IEX OFFICER/MEMBER E%CLUDED2 (Mandatory in NH) If y describe under DESCRIPTION OF OPERATIONS below NIA 42WBOU2021 1012312019 10123RO20 X I PTgTUTE ERH El, EACH ACCIDENT S1.000,000 _ E.L. DISEASE -EA EMPLOYE $1,000.000 E.L. DISEASE -POLICY LIMIT $1,000.000 A Professional Liability AEH008214422 1012312019 10123/2020 E00D,0o0/per daim 10,000,Oo0 agar DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Addlifonal Remarks Schedule, may beallached Urnore spools required) Re: Port Alto Emergency Shoreline Protection SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Calhoun County, TX 24627 State Highway 172 Port Lavaca TX 77979 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Commissioners' Court — DECEMBFR 23, 2019 8. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 8) To transfer $29,635.00 from GOMESA funds to Port Alto Shoreline Restoration Construction FNI Project No. CCY17350 for services provided by Freese and Nichols post Hurricane Harvey. (CS) Pass Page 6 of 20 Clyde Syma Calhoun County Commissioner, Precinct 3 24627 State Hwy. 172-01ivia, Port Lavaca, Texas 77979 — Office (361) 893-5346 � Fax (361) 893-5309 Email: clyde svrna(alcafitouncotx.orx December 16, 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 Commissioner's Court Agenda for Dec. 23„ 2019 e Please Consider and Take Necessary Action on transfer of $29,635.00 from the GOMESA funds to the PortAlto Shoreline Restoration Construction FNI project No. CC 117,150 for services provided by Freese and Nichols post Hurricane Harvey. Sincerely, CI Commissioner Pct. 3 Commissioners' Court —DECEMBER 2.3, 2019 9. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 9) To extend the SAVNS Maintenance Grant Contract with the OAG to August 31, 2020 and authorize the County Judge to sign. (RM) RESULT: APROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 7 of 20 DocuSign Envelope ID: B57CB837-A6BC-477A-A369-BE15BEtCD168 RE: FY 2020 SAVNS Grant Contract Contract Number: 2ooz9zt Grantee: camoun county Amount: $8,012.93 Executed: Term: September 1, 2019 —August 31, 2020 Budget Coding: ORG PCA Agy Obj 966 10352 5137 DocuSign Envelope ID: B57CB837-A6BC-417A-A369-8E15BE1CD168 SAVNS MAINTENANCE GRANT CONTRACT OAG Contract No. 2002921 This grant contract ("Grant Contract") is executed between the Office of the Attorney General (OAG) and Calhoun County (GRANTEE) for certain grant funds. The OAG and GRANTEE may be referred to in this Grant Contract individually as "Party" or collectively as "Parties." SECTION 1. PURPOSE OF THE CONTRACT The purpose of the OAG Statewide Automated Victim Notification Service (SAVNS) grant program is to assist Texas counties and other entities in maintaining a statewide system that will provide relevant offender release information, notification of relevant court settings or events to crime victims and other interested individuals, promote public safety, and support the rights of victims of crime. To ensure a standard statewide service to a variety of political subdivisions of the State of Texas, including counties, county Sheriffs, clerks and attorneys, district attorneys, and courts ("Participating Entities'), including GRANTEE, the OAG makes grant funds available for eligible expenses related to SAVNS services delivered to GRANTEE by the vendor certified by the OAG. The OAG published a Request for Offer (RFO) for Statewide Automated Victim Services May 11, 2019. After an evaluation of offers, the OAG identified, certified, and entered into a contract with a single vendor to provide statewide automated victim notification services ("SAVNS Services"). The initial term of the OAG Vendor Certification and Service Agreement ("OAG Certification Agreement") is from September 1, 2019 to August 31, 2020. The vendor certified to provide the services is Appriss, Inc., ("Certified Vendor"), a Kentucky corporation authorized to do business in Texas. SECTION 2. TERM OF THE CONTRACT This Grant Contract shall begin on September 1, 2019 and shall terminate August 31, 2020, unless it is terminated earlier in accordance with another provision of this Grant Contract. SECTION 3. GRANTEE'S CONTRACTUAL SERVICES 3.1. Grantee Participating Entity Service Contract. GRANTEE shall execute a service agreement with the Certified Vendor to provide services consistent with, and subject to the limitations contained in, the OAG Certification Agreement and documents incorporated therein. Specifically, the Participating Entity Service Contract attached hereto as Exhibit B shall be used by GRANTEE in entering into a contractual relationship with the Certified Vendor. All grant SAVNS Contract - FY 2020 Page 1 of 19 DocuSign Envelope ID: B57CB837-A6BC-477A-A369-8E15BE1CD168 funds provided under this Grant Contract shall be conditioned on the GRANTEE use of the exemplar Participating Entity Service Contract, as attached hereto. GRANTEE further acknowledges and agrees that no changes or modifications may be made to the Participating Entity Service Contract or to any executed Participating Entity Service Contract between GRANTEE and the Certified Vendor, except as specifically authorized within this Grant Contract in Section 3.1.1 below or otherwise separately authorized by the OAG in writing. Notwithstanding the foregoing, GRANTEE is encouraged to negotiate and include additional terms and conditions individually tailored to meet the GRANTEE's unique needs related to the SAVNS program, only to the extent any such additional terms and conditions do not limit or otherwise conflict with the exemplar Participating Entity Service Contract as attached hereto as Exhibit B. 3.1.1 Authorized Modifications to the Participating Entity Service Agreement. GRANTEE is hereby authorized, without additional approval .of the OAG to include additional terms, conditions, or requirements related to the following sections of the Participating Entity Service Agreement as attached hereto as Exhibit B: a. Section 6 Additional Services: GRANTEE may require, negotiate, and include additional terms or conditions relating to the mutual agreement, provision, and payment for Additional Services that do not otherwise modify, impact, or limit the services required under the exemplar Participating Entity Service Agreement; b. Section 7.1 Performance Reports: GRANTEE may require reports relating to the performance standards and requirements of the SAVNS system under the exemplar Participating Entity Service Agreement; c. Section 7.2 Performance Remedies: GRANTEE may require additional terms or conditions relating to the calculation and withholding mechanism for Certified Vendor's failure to meet its performance requirements the exemplar Participating Entity Service Agreement; d. Sections 9.2(a) and 9.2(b)(iii) Standard of Care: GRANTEE may require Certified Vendor to comply with its own internal security standards and incorporate such standards into the Participating Entity Service Agreement by reference; e. Sections 9.3(b). 9.3(c). and 9.3(d)Information Security: GRANTEE may require Certified Vendor to comply with its own internal security standards and incorporate such standards into the Participating Entity Service Agreement by reference; f. Section 9.4(b)(iv) Security Breach Procedures: GRANTEE may require Certified Vendor to comply with its own internal security standards and incorporate such standards into the Participating Entity Service Agreement by reference; g. Section 9.5 Oversight of Security Compliance: GRANTEE may require Certified Vendor to comply with its own internal security standards and incorporate such standards into the Participating Entity Service Agreement by reference; SAVNS Contract - FY 2020 Page 2 of 19 DocuSign Envelope ID: B57CB837-A6BC-477A-A369-8E15BE1CD168 h. Section 10.4 Exclusions: GRANTEE may require Certified Vendor to comply with its own internal security standards and incorporate such standards into the Participating Entity Service Agreement by reference; i. Section 12.1 Limitation of Liability: The Certified Vendor may request a limitation of liability to be included. It is incumbent on the GRANTEE to determine if the proposed limitation is sufficient and whether or not to include and incorporate such limitation into the Participating Entity Service Agreement; j. Section 12.2 Indemnification: GRANTEE may require, negotiate, and include additional or alternative indemnification provisions either in addition to or in lieu of those included within the Participating Entity Service Agreement; and k. Section 14.5 Dispute Resolution: GRANTEE may require specific dispute resolution provisions compliant with its local laws, regulations, and other policies applicable to the GRANTEE. 3.1.2 Executed Copy of Financial Participating Entity Service Contract Required. GRANTEE is hereby placed on immediate financial hold, consistent with Section 9.2 of this Grant Contract, and will remain on financial hold until OAG receives an executed copy of the Participating Service Contract in accordance with and as required by this section. To the extent the executed Participating Entity Service Contract includes any additional terms or conditions that limit or otherwise conflict with the exemplar Participating Entity Service Contract as attached here as Exhibit B, the GRANTEE will continue to remain on financial hold until GRANTEE provides OAG an executed Participating Service Contract in accordance with and as required by this section and consistent with the exemplar Participating Entity Service Contract as attached here as Exhibit B. 3.2 Grantee Maintenance Plan. GRANTEE agrees to establish and follow a "Maintenance Plan." The Maintenance Plan, at a minimum, will be designed to accomplish the following: make available offender information that is timely, accurate, and relevant to support the SAVNS Services; verify the Certified Vendor's performance according to the Participating Entity Service Contract; satisfactorily discharge GRANTEE's obligations as described in the Participating Entity Service Contract; and identify and dedicate GRANTEE staff, resources, and equipment necessary to maintain the SAVNS services in the Participating Entity Service Contract. 3.3 GRANTEE Service Levels. In addition to other service levels that the GRANTEE may impose, GRANTEE will inspect, monitor, and verify the performances required of the Certified Vendor as provided in the Participating Entity Service Contract as well as this Grant Contract. GRANTEE will execute a Participating Entity Service Contract with the Certified Vendor for the term of this Grant Contract. GRANTEE will verify that input data (the jail and court data elements used by the SAVNS system) is entered accurately and on a timely basis. GRANTEE will allow on -site monitoring visits to be conducted by OAG or its authorized representative. SAVNS Contract - FY 2020 Page 3 of 19 DocuSlgn Envelope ID: B57CB837-A6BC-477A-A369-8E15BE1CD168 3.4 Cooperation with Statewide Stakeholders. GRANTEE will reasonably cooperate with and participate in Statewide Stakeholder meetings and efforts to monitor and improve the SAVNS services on a statewide basis. GRANTEE may reasonably agree to designate third -parties to assist the OAG, GRANTEE, and the other Statewide Stakeholders in the overall monitoring, inspection, and verification of the Certified Vendor's performances. 3.5 E-Vine Upgrade and Cooperation for Implementation. As part of the contract award and certification by the OAG, the Certified Vendor will begin transitioning to a new system to deliver the SAVNS services known as "E-Vine" with an expected completion by early FY 2023. E-Vine will provide the GRANTEE enhanced functionality and services such as a Service Provider Directory, an Offender Watch List, a Contact List, a quick escape button and Interactive Voice Response Technology. To facilitate this transition, funds for the E-VINE upgrade costs have been added to this Grant Contract. The Certified Vendor will perform work on the transition to E-Vine throughout the next three years and will bill E-Vine costs on a quarterly basis and in addition to the regular SAVNS maintenance fees. The OAG will advise GRANTEE of any associated transition activities as needed and GRANTEE shall reasonably cooperate with the Certified Vendor in these transition activities. 3.6 Scope of Services. For the purpose of this Grant Contract, the requirements, duties, and obligations contained in Section 3 of this Grant Contract are collectively referred to as the "Scope of Services." As a condition of reimbursement, GRANTEE agrees to faithfully, timely, and in a good and workman -like manner implement and maintain the services in compliance with the Scope of Services. GRANTEE shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of its SAVNS program. 3.7 Special Conditions. The OAG may, at its sole discretion, impose special conditions on GRANTEE, without notice and without amending this Grant Contract. The imposition of any special conditions places GRANTEE on immediate financial hold, consistent with section 9.2, without further notice, until all special conditions are satisfied. SECTION 4. GRANTEE°S OBLIGATIONS AND REQUIRED REPORTS 4.1 General Matters 4.1..1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required SAVNS Contract - FY 2020 Page 4 of 19 DocuSign Envelope ID: B570BB37-A6BC-477A-A369-8El5BElCD168 as requested by the OAG 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit written notice to the OAG of any change in the following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. Such notice shall be provided, when possible, in advance of such change, but in no event later than ten (10) business days after the effective date of such change. A change in GRANTEE's name requires an amendment to the contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with an original signature of someone with actual authority to act on behalf of GRANTEE. To change the grant contact, GRANTEE must submit a written request on GRANTEE's letterhead signed by an Authorized Official. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization including financial and programmatic policies and procedures. Such fiscal and programmatic management shall include but is not limited to the following: accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and other applicable requirements; and correction of fiscal and program deficiencies identified through self -evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this Grant Contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain appropriate financial management and control systems. The systems must include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements, including statements of financial position, activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted Accounting Principles or other recognized accounting principle. 4.1.5 Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal or state law, rules or regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.1.6 Public Information Act. GRANTEE acknowledges that information, documents, and communications created or exchanged in the provision of services required by this Grant Contract may be subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, SAVNS Contract - FY 2020 Page 5 of 19 DocuSign Envelope ID: B57CB837-A6BC-477A-A369-8E15BE1CD168 and may be subject to required disclosure in a publicly accessible format pursuant to Section 2252.907 of the Texas Government Code. 4.2 Programmatic Reports 4.2.1 Service Reports. GRANTEE shall submit service delivery reports, programmatic performance reports and other reports to the extent requested by OAG, in a format and on a timely basis, as established by the OAG. GRANTEE will submit other reports as requested by the OAG. 4.2.2 Written Explanation of Variance. GRANTEE shall provide a written explanation to the OAG on a quarterly basis to the extent that the performance of the SAVNS system, the Certified Vendor, or the GRANTEE varies from the projected performance thereof as provided in the Maintenance Plan required by Section 3.2 hereunder. In addition to the written explanation, GRANTEE shall promptly answer any questions from the OAG, whether in writing or otherwise, in connection with the quarterly and annual reports presented to the OAG. 4.2.3 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE, which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports required by the contract or self -evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.2.4 "Problem Log." GRANTEE shall establish a "Problem Log" that records all problems noted with the SAVNS system, including, but not limited to, system down time, system outages, and equipment failure. The Problem Log will provide when the problem was identified, to whom the problem was referred, steps taken to resolve the problem, and when the problem was resolved. 4.3 Financial Matters 4.3.1 Annual Budgets. With regard to the use of funds pursuant to this Grant Contract, GRANTEE will immediately review the budget for the fiscal year and the allowable expenditures, as shown on Exhibit A. 4.3.2 Quarterly Requests for Reimbursement. OAG grant funds will be paid on a cost- reimbursementbasis nomore frequently than quarterly pursuant to the process below. Any payments made by the OAG shall not exceed the actual and allowable allocable costs of GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this contract. GRANTEE will submit to the OAG requests for reimbursement for the actual and allowable allocable costs incurred by GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this Grant Contract. GRANTEE is responsible for submitting its invoices to the OAG in an accurate and timely manner. The requests for reimbursement must be accompanied by supporting SAVNS Contract - FY 2020 Page 6 of 19 DocuSign Envelope ID: B57CB837-A6BC-477A-A369-8E75BE1CD168 documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. a. GRANTEE shall submit a request for reimbursement to the OAG for the prior quarter by the fifth (5th) of the next month following the end of each quarter. The four quarters for each fiscal year covered by the term of this Grant Contract end respectively on November 30, February 28, May 31, and August 31. b. GRANTEE shall include a verification with its request for reimbursement to stating that the GRANTEE received the services from the Certified Vendor during the preceding quarter and incurred the actual and allowable allocable costs for which GRANTEE seeks reimbursement. c. If GRANTEE does not submit the required request for reimbursement and verification to the OAG within forty-five (45) days of the next month following the end of any quarter, the OAG will determine what steps will be taken next, including placing the grant contract on financial hold or terminating the grant contract. If an OAG grant contract is placed on financial hold or terminated, the GRANTEE remains responsible for any contractual obligation it has with Certified Vendor. The OAG will not be responsible for collection efforts on behalf of the Certified Vendor. 4.3.3 Limited Pre -Reimbursement Funding to GRANTEE. Notwithstanding Section 4.3.2 above, the OAG, may, at its sole discretion, provide limited pre -reimbursement funding for reimbursable expenses to GRANTEE. This limited funding is not preferred and. may be allowed upon submission of the following written documentation supporting the request: a. A fully executed Participating Entity Services Agreement with the Certified Vendor for the time period covered by this Grant Contract; b. An invoice from the Certified Vendor which includes the dates covered under this Grant Contract; c. A completed OAG form "Verification of Continuing Production Record" which shall be provided by the OAG upon request; d. An invoice to the OAG that complies with the requirements of the OAG; and e. A written justification, signed by the Authorized Official or the Authorized Official's designee, explaining the need for pre -reimbursement funding. 4.3.3 Fiscal Year End Required Reports. GRANTEE shall submit fiscal year-end required reports that shall be received by the OAG on or before October 15 of each year covered by the term of this Grant Contract. The year-end reports shall include the following: a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year. b. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report which provides a record of the current inventory of items purchased, disposed of, replaced or transferred for any equipment that was purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit to the SAVM Contract - FY 2020 Page 7 of 19 DocuSign Envelope ID: B57CB837-A6BC477A-A369-8E15BE1CD168 OAG a copy of its annual independent financial audit. The timely submission to the OAG is on or before nine (9) months after the end of GRANTEE's accounting year. GRANTEE will contract with an independent CPA firm to perform an annual financial audit engagement. If applicable, GRANTEE's independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of 2 CFR Part 200 titled Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and/or Texas Single Audit Circular (Single Audit or non -Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 Close Out Invoice GRANTEE shall submit a final invoice not later than forty-five (45) days after the earlier of (1) the termination of this Grant Contract; or (2) the end of each state fiscal year covered by the term of this Grant Contract, 4.3.6 Refunds and Deductions. If the OAG determines that an overpayment of grant funds under this Grant Contract has occurred, such as payments made inadvertently or payments made but later determined not to be actual and allowable allocable costs, the OAG may seek a refund from GRANTEE and/or the Certified Vendor. The OAG, in its sole discretion, may offset and deduct the amount of the overpayment from any amount owed as a reimbursement under this Grant Contract, or may choose to require a payment directly from GRANTEE and/or the Certified Vendor rather than offset and deduct any amount. GRANTEE and/or the Certified Vendor shall promptly refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.7 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this Grant Contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment, which shall be available to the OAG at all times upon request; however, as between the OAG and Grantee title for equipment will remain with Grantee. GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with grant funds under this Grant Contract so as to ensure the full availability and usefulness of such equipment. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss or destruction of, or damage to, the equipment purchased under this Grant Contract, it shall use the proceeds to repair or replace said equipment. 4.3.8 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment SAVNS Contract - FY 2020 Page 8 of 19 DocuSign Envelope ID: B57CB837-A6BC-477A-A369-8E158E1CD168 will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION S. OBLIGATIONS OF OAG SSJL Monitoring. The OAG is responsible for monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this Grant Contract, 5.2 Maximum Lia%bility of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability is void unless supported by a written amendment to this Grant Contract executed between OAG and GRANTEE. 5.3 Payment of Authorized Costs. In accordance with the terms of this Grant Contract, the OAG will pay costs as explicitly authorized pursuant to this Grant Contract. The OAG is not obligated to pay unauthorized costs. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this Grant Contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void, unless a written amendment to this Grant Contract is first executed. GRANTEE agrees that nothing in this Grant Contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this Grant Contract, 5.5 Funding Limitation. GRANTEE agrees that funding for this Grant Contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to the WAG: GRANTEE agrees that the grant funds, if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this Grant Contract. GRANTEE agrees that notwithstanding any other provision of this Grant Contract, if the OAG is not appropriated the funds, or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this Grant Contract. SECTION (. TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this Grant Contract, without recourse, liability or penalty, upon providing written notice to the other Party thirty (30) calendar days before the effective date of such termination. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an SAVNS Contract - FY 2020 Page 9 of 19 DocuSlgn Envelope ID: B57CB837-A6BC-477A-A369-8E15BE1CD168 obligation of the terms, conditions and provisions of this Grant Contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate all or any part of this Grant Contract, 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy but will be in addition to any other rights and remedies provided in equity, by law, or under this Grant Contract. Termination of this Grant Contract for any reason or expiration of this Grant Contract shall not release the Parties from any liability or obligation set forth in this Grant Contract that is expressly stated to survive any such termination or by, its nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonably be interpreted to survive but are not specifically identified), survive the termination or expiration of this Grant Contract: Sections 4, 5, 7, 11, and 12. 6.4 Refunds to OAG by GRANTEE. If the GRANTEE terminates for convenience under Section 6.1, or if the OAG terminates under Sections 6.1 or 6.2 before the purpose of this Grant Contract is accomplished, then the OAG may require the GRANTEE and/or the Certified Vendor to refund all or some of the grant funds paid under this Grant Contract. Such funds include those funds representingT the number of months of SAVNS services that were previously invoiced and paid by the OAG under this Grant Contract, 6.5 Notices to Certified Vendor. Any termination of this Grant Contract will also be forwarded by the terminating party to the Certified Vendor. . SECTION 7. AUDIT RIGHTS; RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures and requests for reimbursements related to this Grant Contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor's Office or other auditors of the State of Texas, the federal government, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this Grant Contract, 7.2 Records Retention. GRANTEE shall maintain and retain all records as are necessary to fully disclose the extent of services provided under this Grant Contract for a period of seven (7) years after the later of (a) the submission of the last expenditure report required under this Grant Contract, or (b) the full and final resolution of all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving this Grant Contract. The records include, but may not be limited to, the contract, any contract solicitation documents, any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. SAVNS Contract - FY 2020 Page 10 of 19 DocuSign Envelope ID: B57CB837-A6BC-477A-A369-BE15BE1CD168 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursement. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this Grant Contract, compliance with applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity, person, or contractor receiving funds directly under this Grant Contract or through a subcontract under this Grant Contract to likewise permit access to, inspection of, and reproduction of all books, records, and other relevant information of the entity, person, or contractor(s) that pertain to this Grant Contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this Grant Contract, shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days' notice of any such examination or audit. 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this Grant Contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this Grant Contract or indirectly through a subcontract under this Grant Contract. The acceptance of funds by GRANTEE or any other entity or person directly under this Grant Contract or indirectly through a subcontract under this Grant Contract acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of GRANTEE related to this Grant Contract. 7.6 Location. Any audit of records .shall be conducted at GRANTEE'S principal place of business and(or the locations) of GRANTEE'S operations during GRANTEE'S normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the SAVNS Contract - FY 2020 Page I I of 19 DocuSign Envelope Of B57CB837-A6BC-477A-A369-8E15BE1CD168 audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities, and office -related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this Grant Contract. SECTION H. SUBMISSION OF INFORMATION TO THE OAG The OAG will designate the proper methods for the delivery of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web -based data collection method. Accordingly, all reports required under this contract including but not limited to semi-annual statistical reports, annual performance reports, financial status reports, requests for reimbursement, Annual Compiled Financial Statement Report, and any other reports, notices or information must be submitted in the manner directed by the OAG. The manner of delivery may be subject to change during the term of the contract, in the sole discretion of the OAG. SECTION 9. CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate, and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies in GRANTEE'S performance under this Grant Contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase of monitoring visits; require additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this Grant Contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information or otherwise failing to comply with the terms of this Grant Contract may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing SAVNS Contract - FY 2020 Page 12 of 19 DocuSlgn Envelope ID: 057CB837-A6BC-477A-A369-8E15BE1CD168 funding, terminating this Grant Contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold, and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold, and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this Grant Contract. SECTION lO. GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, and Other Applicable Requirements. GRANTEE agrees to comply with all applicable federal and state laws and any other requirements, including 2 CFR Part 200, relevant to the performance of GRANTEE under this Grant Contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, including Texas Government Code, Chapter 783, and the Uniform Grant Management Standards (UGMS), and any other applicable federal or state grant management standards or requirements. Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances, which are incorporated herein by reference, including, but not limited to, the equal employment opportunity program certification, disclosure and certification regarding lobbying, non -procurement debarment certification, drag free workplace certification, annual single audit certification, compliance with annual independent financial audit filing requirement, compliance with UGMS and the applicable 2 CFR Part 200, return of grant funds in the event of loss or misuse, and conflict of interest. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE and agreed to by the OAG, in advance. GRANTEE shall follow OAG fiscal management policies and procedures in processing and submitting requests for reimbursement and maintaining financial records related to this Grant Contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, or offered to give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this Grant Contract or in connection with this Grant Contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of a personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without an actual, potential or apparent conflict of interest with respect to its performance under this Grant Contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this Grant Contract. SAVNS Confract - FY 2020 Page 13 of 19 DocuSlgn Envelope to: B57CB837-A6BC-477A-A369-8E15BE1CD168 10.5 Does Not Boycott Israel. As required by Texas Government Code, section 2270.002, GRANTEE represents and warrants, that neither GRANTEE, nor any subcontractor, assignee, or sub -recipient of GRANTEE, currently boycotts Israel, or will boycott Israel during the term of this Grant Contract. GRANTEE agrees to take all necessary steps to ensure this certification remains true for any future subcontractor or assignee. For purposes of this provision, "Boycott Israel" shall have the meaning assigned by Texas Government Code, Sec. 808.001(1). 10.6 Law Enforcement Funding. To the extent applicable, GRANTEE acknowledges that, under article IX, section 4.01 of the General Appropriations Act for the term covered by this Grant Contract, funds may only be expended under this Grant Contract if GRANTEE is in compliance with all rules developed by the Commission on Law Enforcement or if the Commission on Law Enforcement has certified that GRANTEE is in the process of achieving compliance. 10.7 Restriction on Abortion Funding. GRANTEE acknowledges that, under article IX, section 6.25 of the General Appropriations Act for the term covered by this Grant Contract, and except as provided by that Act, funds may not be distributed under this Grant Contract to any individual or entity that: (1) performs an abortion procedure that is not reimbursable under the State's Medicaid program; (2) is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the State's Medicaid program; or (3) is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the State's Medicaid program. SECTION 11. SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor. Under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered a state employee, agent, servant, or partner of, or part of any joint venture or joint enterprise with, the OAG or the State of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, or partner of, or part of any joint venture or joint enterprise with the OAG or the State of Texas. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE's contractors shall be considered to be solely the employees or agents of GRANTEE or GRANTEE's contractors. GRANTEE or GRANTEE's contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. GRANTEE or contractors are responsible for all types of claims whatsoever due to actions SAVNS Contract - FY 2020 Page 14 of 19 DocuSign Envelope to: B57CB837-A6BC-477A-A369-8E15BE1CD168 or performance under this Grant Contract, including, but not limited to, the use of automobiles or other transportation by its owners, incorporators, officers, directors, employees, volunteers, or any third parties. To the extent allowed by law, GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of actions or performance of GRANTEE or GRANTEE's contractors under this Grant Contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act, or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this Grant Contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement, or public service disclosure relating to this Grant Contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that GRANTEE may copyright any original books, manuals, films, or other original material and intellectual property developed or produced out of funds obtained under this Grant Contract, subject to the royalty -free, non- exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or, where applicable, the State of Texas, or if federal funds are expended, the United States Government. Grantee hereby grants the OAG an unrestricted, royalty -free, non- exclusive, and irrevocable license to use, copy, modify, reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), at no additional cost to the OAG, in any manner the OAG deems appropriate in the exercise of its sole discretion, any component of such intellectual property. GRANTEE shall obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the GRANTEE's obligations to the OAG under this Grant Contract. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the OAG such rights, Grantee shall promptly bring such refusal to the attention of the OAG Program Manager for the contract and not proceed with the agreement in question without further authorization from the OAG. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this Grant Contract is considered program income. Unless otherwise required under the terms of this Grant Contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this Grant Contract term-, program income not expended in SAVNS Contract - FY 2020 Page 15 of 19 DocuSign Envelope ID: B57CB837-A6BC-477A-A369-8E15BE1CD168 this Grant Contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this Grant Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Grant Contract, 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting, Assignment, or Delegation Without Prior Written Approval of OAG. GRANTEE may not subcontract, assign any of its rights, or delegate any of its duties under this Grant Contract without the prior written approval of the OAG. GRANTEE agrees the OAG maintains complete discretion in evaluating any request to subcontract, assign any right, or delegate any duty under this Grant Contract, and the OAG may withhold its approval for any reason or no reason. If the OAG approves subcontracting, assignment, or delegation by GRANTEE, GRANTEE will ensure that its contracts with others shall require compliance with the provisions of this Grant Contract. GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this Grant Contract and that the OAG shall not be liable in any manner to GRANTEE's subcontractor(s). 11.8 No Grants to Certain Organizations. GRANTEE confirms by executing this Grant Contract that it does not make contributions to campaigns for elective office or endorse candidates. 11.9 No Waiver of Sovereign Immunity. The Parties agree that no provision of this Grant Contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.10 Governing Law; Venue. This Grant Contract is made and entered into in the State of Texas. This Grant Contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this Grant Contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consents to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above -named courts; the SAVNS Contract - FY 2020 Page 16 of 19 DocuSign Envelope ID: B57CB837-A6BC-477A-A369-8E15BE1CD168 suit, action or proceeding is brought in an inconvenient forum; and/or the venue is improper. 11.11 U.S. Department of Homeland Security's E-Verify System. GRANTEE will ensure that it utilizes the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of any new employee hired after the effective date of this agreement who will be working on any matter covered by this agreement. 11.12 No Use of Grant Money for Lobbying. GRANTEE shall not use any grant funds provided by OAG to GRANTEE to influence the passage or defeat of any legislative measure or election of any candidate for public office. 11.13 Texas Public Information Act. Information, documentation, and other material in connection with this Grant Contract or the underlying grant may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act"). In accordance with Section 2252.907 of the Texas Government Code, GRANTEE is required to make any information created or exchanged with OAG, the State of Texas, or any state agency pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to OAG, the State of Texas, or any state agency. SECTION 12. CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this Grant Contract. To the extent the terms and conditions of this Grant Contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this Grant Contract. 12.2 Entire Agreement, including All Exhibits. This Grant Contract, including all exhibits, reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties related to such subject matter. By executing this Grant Contract, GRANTEE agrees to strictly comply with the requirements and obligations of this Grant Contract, including all exhibits. 12.3 Amendment. This Grant Contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this Grant Contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this Grant Contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full SAVNS Contract - FY 2020 Page 17 of 19 DocuSign Envelope ID: B57CB837-A6BC-477A-A369-8E15BE1CD168 force and effect. 12.5 Non -waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Grant Contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this Grant Contract, 12.6 Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this Grant Contract only in their official capacity. OFFICE OF THE ATTORNEY GENERAL Printed Name: Office of the Attorney General SAVNS Contract - FY 2020 Page 18 of 19 Calhoun County PTlnted Name: Richard Meyer Authorized Official DocuSign Envelope ID: B57CB837-A6BC-477A-A369-8E15BE1CD168 SAVNS MAINTENANCE GRANT CONTRACT 1�9s11E3 YII:\ Small Population Size: OAG Contract No. 2o02921 The total liability of the OAG for any type of liability directly or indirectly arising out of this Grant Contract and in consideration of GRANTEE'S full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement by the OAG for expenses, if any, as set forth in this Grant Contract or arising out of any performance herein shall not exceed the following: Annual Cost Annual &Vine MAXIMUM Annual Cost for Jail for Courts Upgrade Cost REIMBURSABLE COSTS $5,431,48 $957,95 $15623,50 $89012,93 The annual costs listed above will be billed by the Vendor on a quarterly basis pursuant to the terms of Participating entity Service Agreement (Exhibit B). The OAG is not obligated to pay for services prior to the commencement or after the termination of this Grant Contract, SAVNS Contract - FY 2020 Page 19 of 19 Certificate Of Completion Envelope ld: B57C6837A6BC477AA3698E158E1CD168 Subject: Please DocuSign: FY 2020 SAVNS Grant Award Template ID: Source Envelope: Document Pages: 20 Signatures: 0 Certificate Pages: 7 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 10/31/2019 3:11:17 PM Signer Events Richard Meyer rich ard.meye r@ca thou ncotx.o rg Calhoun County Judge Calhoun County Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/5/2019 9:41:47 AM ID: 3c6cc950-6fo4-44f3-b3ae-422467el6ed8 Melissa Foley Melissa.Foley@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gene McCleskey Gene.McCleskey@oag.texas. gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/14/2019 12:34:26 PM ID: 6a746dl6-8742-4cl5-ace2-f36a64c99lb6 Financial Litigation -FLD Attorney Review Signing Group: Financial Litigation -FLD Attorney Review Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Joshua Godbey Signing Group: Joshua Godbey Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Holder: Karly Watson Karly,Watson@oag.texas.gov Status: an Envelope Originator: Karly Watson PO Box 12548 Ausiin, TX 78711-2548 y.Watson@oag.texas.gov IP Address: 204.64.50.216 Location: DocuSign Signature Timestamp Sent: 10/31/2019 3:11:23 PM Viewed: 11 /5/2019 9:41:47 AM W SECURE Signer Events Signature Timestamp Bruce Williamson Bruce.Williamson@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign - Mark Penley Mark.Penley@oag,texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Karly Walson karly.watson@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign - FLD Contracts FLDconlracts@oag.texas. gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounting Contracts acc_docusig n_contracts@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Joshua Alexander J oshua.Alexander@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/31/2019 3:11:23 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 4/1/2018 4:34:18 PM Parties agreed to: Richard Meyer, Gene McCleskey CONSUMER DISCLOSURE From time to time, Office of the Attorney General (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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By checking the `I agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify Office of the Attorney General as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Office of the Attorney General during the course of my relationship with you. Commissioners' Court — DECEMBER 23, 2019 10. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 10) To adopt the updated Flood Damage Prevention Order. (RM) RESULT: APROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 8 of 20 Mae Belle Cassel From: ladonna.thigpen@calhouncotx.org (Ladonna Thigpen) <ladonna.thigpen@calhouncotx.org> Sent: Tuesday, December 17, 2019 4:18 PM To: Mae Belle Cassel Subject: Agenda item Attachments: Floodplain Order Draft 12-23-19.docx Please place the updated Flood Damage Prevention Order on the Commissioner's Court agenda for December 23, 2019. The items changed are highlighted in yellow. Thank you Consider and take necessary action on adopting the updated Flood Damage Prevention Order and authorize the Commissioner's Court to sign. 211 S. Ann St., Suite 301 Port Lavaca, TX 77979 361-553-4400 Emerg. Mgmt, 361-553-4455 Floodplain 361-553-4444 Fax Calhoun County Texas 60.3(d) & (e) FLOOD DAMAGE PREVENTION ORDER SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Commissioners' Court of Calhoun County, Texas does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of Calhoun County are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this order to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this Floodplain Order uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. z ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this order shall be interpreted to give them the meaning they have in common usage and to give this order its' most reasonable application. APPEAL - means a request for a review of the Floodplain Administrator's interpretation of any provision of this Order or a request for a variance. ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high -velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPURTENANT STRUCTURE - means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure AREA OF FUTURE CONDITIONS FLOOD HAZARD -means the land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any given year. 3 BASE FLOOD ELEVATION (BFE) -The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al-A30, AR, V 1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year - also called the Base Flood. BASEMENT - means any area of the building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. COASTAL HIGH HAZARD AREA - means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources, including, but not limited to hurricane wave wash or tsunamis. The area is designed on the FIRM as Zone V 1-30, VE, or V. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT -means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING -means, for insurance purposes, anon -basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. ENCLOSURE -that portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by ridded walls. See specific EXISTING CONSTRUCTION -means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities 4 for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY - means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood -related erosion hazards. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) -see Flood Elevation Siudy FLOODPLAIN OR FLOOD -PRONE AREA �' means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT -means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose order (such as a floodplain order, grading order and erosion control order) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. 5 FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING -means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -see Regulatory Floodway FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE -means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORYC STRUCTURE -means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 6 (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME/MOBILE HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME/ MOBILE HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. MODULAR BUILDING - a building that is usually transported to its site on a steel frame or special trailer because it does not have a permanent chassis like a manufactured (mobile) home. 7 NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities; the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date, of floodplain management regulations adopted by a community. Utilities must include electricity, water, and sewer. PRIMARY FRONTAL DUNE - means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; (iv) be fully licensed and titled as an RV with valid license plates, permanent lighting and ready for highway use; and (v) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. A RV on blocks is considered a structure. RECREATIONAL VEHICLE PARK - means a recreational vehicle park for which recreational vehicles are to be parked and the space rented for RV use or an existing RV that is being rented. The installation of utilities must include electricity, water and sewer. REGULATORY FLOODWAY - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. RIVERINE - means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SAND DUNES - mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. SPECIAL FLOOD HAZARD AREA — see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE — means, for floodplain management purposes, a walled and roofed building that is on a trailer or blocks, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." 0 UTILITIES - whether inside an attached garage or outside the building, all utilities, appliances and equipment must be elevated above the BFE or protected against flood damage. Utilities include plumbing, electrical, gas lines, fuel tanks, heating and air condition equipment. VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10)2 (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 10 ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDER APPLIES The order shall apply to all areas of special flood hazard with the jurisdiction of Calhoun County. SECTION Be BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Calhoun County, Texas, and Incorporated areas" dated October 16, 2014, with accompanying Flood Insurance Rate Maps (FIRM) dated October 16, 2014 and any revisions thereto are hereby adopted by reference and declared to be a part of this order. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this order. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this order and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This order is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this order and another order, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. In the interpretation and application of this order, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3)• deemed neither to limit nor repeal any other powers granted under State statutes. n SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this order is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This order does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This order shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this order or any administrative decision lawfully made hereunder. tz ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Floodplain Administrator is hereby appointed to administer and implement the provisions of this order and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management. SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this order. (2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this order. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 13 (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the, provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12. SECTION C. PERMIT PROCEDURES (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed; (c) A certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Article 5, Section B (2); 14 (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (e) Maintain a record of all such information in accordance with Article 4, Section (B) (1); (2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this order and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. SECTION D. VARIANCE PROCEDURES (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this order. (2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination 15 made by the Floodplain Administrator in the enforcement or administration of this order. (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. (4) The Floodplam Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this order. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the 1/2 half acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this order, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this order (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats 16 to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or orders. (c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D (1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. 17 ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize oreliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including 18 basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C (1) a., is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the Floodplain Administrator. (3) Enclosures in Zone A, AE, AO & AH -new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than 1 foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes/Mobile Homes/Manufactured Buildings - (a) Require that all manufactured homes to be placed within Zone A on a community's FIRM shall be installed using methods and practices which 19 minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (b) Require that manufactured homes that are placed or substantially improved within Zones Ai-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) the bottom of the I-beam of the manufactured home is at or above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles -Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM (i) be on the site for fewer than 180 consecutive days, (ii) be fully licensed and titled as an RV with valid license plates, permanent lighting and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C (1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and securitv devices, and has no permanently attached additions. A RV on blocks is (6) Recreational Vehicle Parks -must comply with the requirements discussed below. 20 (1) A written emergency. evacuation plan that includes maps and alternate vehicular access and egress routes. The plan must be approved by the Floodplain Administrator and must be posted at various locations throughout the RV Park and shall be distributed to the RV operator/owner upon entering the Park (2) An emergency warning procedure. Examples include a public address system, siren or on -site resident. (3) RV's shall be required to remain moveable. No RV shall be allowed to remain in the Park when placed on permanent blocks, when tires are revoked, or when tires are flat. (4) Egress of RV's should not be prevented by stored or fixed items, including but not limited to stairs or porches. (5) Each RV should be capable of evacuation at all times. For those RV's that are self -powered, they should be kept in running condition. For those RV's that are dependent on external power, a tow -axle vehicle that is kept in running condition must accompany them. (6) All permanent structures at the Park, including but not limited to, restrooms, office facilities and laundry facilities must meet the local requirements to include elevation, sewerage and utilities of the Calhoun County Floodplain Order. (7) Roads and streets in the RV Park shall be at least 20 feet wide and shall be constructed of suitable materials to ensure the roads remain passable in all weather conditions. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including the placement of manufactured home/mobile home parks and subdivisions shall be consistent with Article 1, Sections B, C. and D of this order. (2) All proposals for the development of subdivisions including the placement of manufactured home/mobile home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this order. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home/mobile home parks and subdivisions which is greater than 50 lots or 5 21 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section 3 or Article 4, Section B (8) of this order. (4) All subdivision proposals including the placement of manufactured home/mobile home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of manufactured home/mobile home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. zz SECTION E. FLOODWAYS Floodways - located within areas of special flood hazard established in Article 3, Section B. are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12. The areas along the Guadalupe River are in a Floodway. All development North or South of Highway 35 to include Guadalupe Oaks Subdivision and River Ranch Development and all areas South of Highway 35 between Goff Bayou and the Guadalupe River would be considered a floodway and require a No Rise Certification from an engineer to build or develop this area. SECTION F. COASTAL HIGH HAZARD AREAS Located within the areas of special flood hazard established in Article 3, Section B. are areas designated as Coastal High Hazard Areas (Zones V1-30, VE, and/or V). These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this order, the following provisions must also apply: (1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether . or not such 23 structures contain a basement. The Floodplain Administrator shall maintain a record of all such information. (2) All new construction shall be located landward of the reach of mean high tide. (3) All new construction and substantial improvements shall be elevated on pilings and columns so that: (i) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; (ii) the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of (3)(i) and (ii) of this Section. (4) Enclosures in zone V-provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non -supporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (i) breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (ii) the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those 24 required by applicable State or local building standards. Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. (5) Prohibit the use of fill for structural support of buildings. (6) Prohibit man-made alteration of sand dunes and mangrove stands that increase potential flood damage. {7) Manufactured domes/Mobile Homes/Trailers - Prohibit the placement of manufactured homes/mobile homes/trailers in V Zones. (8) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones V1-30, V. and VE on the community's FIRM (i) be on the site for fewer than 180 consecutive days, (ii) be fully licensed and titled as an RV with valid license plates, permanent lighting and ready for, highway use, or (iii) meet the requirements in Article 3, Section C of this order and paragraphs (1) through (6) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and securitv devices, and has no permanently attached additions. An RV that SECTION G. SEVERABILITY If any section, clause, sentence, or phrase of this Order is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Order. SECTION H. PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent Calhoun County from taking such other lawful action as is necessary to prevent or remedy any violation. 25 Flood Damage Prevention Order SECTION I. CERTIFICATION OF ADOPTION APPROVED: f R chard H. Meyer Calhoun County Judge David Ha� Precinct # 1 Calhoun ounty Commissioner � nt 4 Cz � r c Clyde Syjna. Preci ct #3 Calhoun County Commissioner PASSED: Vern Lyssy Pr mct #2 Calhoun County Commissioner Gary k ese Precinct #4 Calhoun County Commissioner ORDER BECOMES EFFECTIVE ON: December 23, 2019 I, the undersigned, County Clerk, do hereby certify that the above is a true and correct copy of an order duly adopted by the Calhoun County Commissioners' Court, at a regular meeting duly convened on December 23, 2019, ATTEST: Anna Goodman County Clerk By: Deputy 26 Commissioners' Court — DFCEMBER 23, 2019 11. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 11) To approve the final payment to BKCK LTD (the Keating Property) in the amount of $1,259,156.91 and authorize Judge Meyer to sign all closing documents. (RM) RESULT: APROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 9 of 20 OMB NO.2502-0265 A. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SETTLEMENT STATEMENT B. TYPE OF LOAN 1. FHA 2. FmHA 3. Conv. Unins. 4. VA 5. Conv. Ins. 6. FILE NUMBER: 19-09-0618 7, LOAN NUMBER: 8. MORTGAGE INS CASE NUMBER: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are, shown. Items marked (POC]" were paid outside the closing; they are shown here for informational purposes and are not included In the totals. 1.0 3198 f19-09-0618/291 D. NAME AND ADDRESS OF BUYER: Calhoun County, Texas 211 S. Ann Port Lavaca, TX 77979 E. NAME AND ADDRESS OF SELLER: BKCK LTD, a Texas limited partnership 5802 N. Navarro St. Victoria, TX 77904 F. NAME AND ADDRESS OF LENDER: G. PROPERTY LOCATION: Lot 7 Block 1 BKCK Development Port Lavaca, TX 77979 Calhoun County, Texas Calhoun Y H. SETTLEMENT AGENT: Gulf Coast Title Company I. SETTLEMENT DATE: December 19, 2019 DISBURSEMENT DATE: December 19, 2019 PLACE SETTLEMENT - 2121 Sailboat Drive Port Lavaca, TX 77979 J. SUMMARY OF BUYER'S TRANSACTION- K. SUMMARY OF SELLER'S TRANSACTION 100, GROSS AMOUNT DUE FROM BUYER: 400, GROSS AMOUNT DUE TO SELLER: 101. Contract sales price 11317,845.00 401. Contract sales price 11317,846.00 102. Personal property 402. Personal property 103. Settlement charges to buyer line 1400 1,588.65 403. 104. 404. 105. 405. Adiustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City/Town taxes 406. Cit frown taxes 107. County taxes 12/19/19 to 01/01/20 19.59 407. County taxes 12/19/19 to 01/01/20 19.59 108. Assessments 408. Assessments 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BUYER 1,31%453.24 420. GROSS AMOUNT DUE TO SELLER 1,317,864.59 200, AMOUNTS PAID BY OR IN BEHALF OF BUYER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 50,000.00 501. Excess deposit see instructions 202. Principal amount of new loans 502. Settlement charges to seller line 1400 8,682.10 203, Existing loans taken subject to 503. Existing loans taken subject to 204, 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. Deb. . disbursed as proceeds 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. Cit frown taxes 510. Cit frown taxes 211. County taxes 511. County taxes 212. Assessments 512. Assessments 213. Lease Proration 12/19/19-08/31/20 10,296.33 513. Lease Proration 12119119-08131120 10,296,33 214. 514. 215, 515. 216. 516. 217. 517. 21& 518. 219. 519. 220. TOTAL PAID BY/FOR BUYER 60,296.33 520. TOTAL REDUCTION AMOUNT DUE SELLER FIL183978.43 300, CASH AT SETTLEMENT FROMITO BUYER: 600, CASH AT SETTLEMENT TOIFROM SELLER: 301. Gross amount due from Buyer Line 120 11319,453.24 601. Gross amount due to Seller Line 420 1,317,864.59 302. Less amount paid by/for Buyer Line 220 ( 60,296.33) 602. Less reductions due Seller Line 520 ( 1811978.43 303. CASH FROM BUYER 1,259,156.91 603. CASH TO SELLER 11298,886.16 Printed on 12/13/19 at 9:40:29AM 19-09-0618/29 HUD-1, Page 1 L. SETTLEMENT CHARGES 700, TOTAL COMMISSION Based on Price $ (q. % PAID FROM BUYER'S FUNDSAT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT Division of Commission (line 700) as Follows: 701. to 702 to 703. Commission Paid at Settlement 704. to 800, ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee % to 802. Loan Discount % to 803. Appraisal fee to 804. Credit report to 805, Lender's inspection fee to 806. Mortgage Insurance application fee to 807. Assumption fee to 808. to 809. to 810. to 811. to 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From 12/19/19 to 01/01/20 0, $ /day 13 days 902. Mortgage insurance premium for month to 903. Hazard insurance premium for Vearto 904. for vearto 905. to 1000, RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance Months $ per Month 1002. Mortgage insurance Months @ per Month 1003. City property taxes Months per Month 1004. County taxes Months 0, $ per Month 1005. Annual assessments Months o(7, $ per Month 1006. Months (� $ per Month 1007. Months (� $ per Month 1008. Months er Month 1100, TITLE CHARGES 1101. Settlement or closing fee to Gulf Coast Title Company 350.00 350.00 1102. Abstract or title search to 1103, Title examination to 1104, Title insurance binder to 1105, Attorney Fees to Roberts, Odefey, Witte & Wall, LLP 1,359.10 1106. Notary fees to 1107. State of Texas Policy Guaranty Fee to Gulf Coast Title Company Policy Guaranty Fee 2.00 (includes above item numbers: ) 1108. Owners policy premium to Gulf Coast Title Company 6,951.00 (includes above item numbers: - ) 1109. Lender's coverage 1110. Owner's coverage $13317,845.00 6,951.00 1111. Tax Certificate Fee to Gulf Coast Title Company 20.00 1112. Endorsement T-3 Area & Boundary An to Gulf Coast Title Company l o042.65 1113. to 1200, GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recordinq fees: Deed $ 42.00: Mortgage Releases 42.00 1202. City/County tax/stamps: Deed Mortqaqe 1203. State tax/stamps: Deed Mortgage 1204. Gift Deed to Calhoun County Clerk 42.00 1205. Drainage Agreement to Calhoun County Clerk 58.00 1206. Easement Agreement to Calhoun County Clerk 54.00 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. to 1304. to 1305. to 1400. TOTAL SETTLEMENT CHARGES (Enter on Lines 103, Section J and 502, Section K) 11588.65 8,682.10 Printed on 12/13l19 al 9:40:29AM 19-09-0618/29 HUo-1, Paga 2 Buyer: Calhoun County, Texas 211 S. Ann Port Lavaca, TX 77979 Lender: Settlement Agent: Gulf Coast Title Company (361)551-2300 Place of Settlement: 2121 Sailboat Drive Port Lavaca, TX 77979 Settlement Date: December 19, 2019 Disbursement Date: December 19, 2019 Property Location: Lot 7 Block 1 BKCK Development Port Lavaca, TX 77979 Calhoun County, Texas Seller: BKCK LTD, a Texas limited partnership 5802 N. Navarro St. Victoria, TX 77904 Adjustments For Items Unpaid By Seller (Seller flebit) Proration Date Description Amount Prorated Amount 12119/19 Lease Proration 14,663.25 12/19/19-08/31/20 10,296.33 Buyer pays 257 Days of 366, Seller pays 109 Days of 366 Total Line 213/513 10,296,33 Calhoun County, Texas Richard Meyer, County Judge BKCK LTD, a Texas limited partnership By: Keat LLC, a Texas limited liability company its General Partner By: Benjamin E. Keating, Manager Gulf Coast Title Company Settlement Agent Printed on 12/13/19 at 9:40:29AM by Lavon 19-09-0618 / 29 Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 1 of1 Complete Nos. 1- 4 and 6 if there are interested ponies. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2019-571155 Date Filed: 12/18/2019 Date Acknowledged: 01/28/2020 1 Name of Business entity filing form, and the city, state and country of the business entity's place of business. BKCK LTD VICi01'la, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County, Texas 3 Provide the identification number used by [he governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Lat 7, Blk 1, BKCK Development Real Property 4 Name of Interested Pan Y Ci State, County lace of business tY+ Y (p ) Nature of interest check a licable ( Pp ) Controlling Intermediary Keating, Benjamin Victoria, TX United Stales X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is ,and my date My address is of birth is (street) (city) (state) (zip code) (country) I declare 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) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a(iaat7tl CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of 1 Complete Nos, 1- 4 and 5If there are Interested parties. OFFICE USE ONLY Complete Nos, 1, 2136 5, and 5 if there are no interested parties. CERTIFICATION OF FILING Certificate Number; 1 Name of business entity filing form, and the city, state and country of the business entity's+place of business. 2019-571155 BKCK LTD Victoria, TX United States Date Filed: 12/18/2019 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County, Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or stale agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Lot 7, Bik 11 BKCK Development Real Properly Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Keating, Benjamin Victoria, TX United States X 5 Check only if there Is NO Interested Party. ❑ 5 UNSWORN DECLARATION L EYfm h. My name is +'7 hrn% CFl 7-1a) t'i and my data of birth Is._�� My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. J q Executed in V' E � %�GYZ- (li County, Stale of / �' , on the % 87 day of- l , e- , 20J_. (month) (year) SI gatu of authorized agent of contractin usiness entity (Doe Oranq Forms provided by Texas Ethics Commission www.elhicsstate.ix.us Version V1,1.3a6aaf7d Commissioners' Court-GECEMBER 23, 2019 12. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 12) Approve and agreement with CFI Mechanical, Inc. to perform quarterly maintenance on the jail chiller and authorize Judge Meyer to sign. (GR) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 10 of 20 CFI MECHANICAL, INC. 6109 Brittmoore • Houston, TX 77041 Phone: (832) 467-8200 a Fax: (832) 467-8203 To: Calhoun County Courthouse 211 S. Ann Port Lavaca, TX 77979 Attn: Everett Wood Date: 12-12-19 Proposal: 2019-1 Location: Calhoun Count jail Job: Perform quarterly PM program for 1 jail chiller Scope of Work: Perform 1 annual inspection and 3 quarterly inspections for the jail chiller per the attached PM scope of work. Includes: 1, PM 1 per quarter for all 1 chiller and pumps. 2. Written inspection reports. Exclusions: I. Asbestos abatement, hazardous material removal/disposal. 2. Drawings of any kind. 3. Electrical or controls work. 4. Cutting, patching, or painting of walls, floors or ceilings. 5. Overtime, holiday and/or weekend hours. 6. Any additional parts, repairs, and/or services not listed. Price for the jail per year: $7,650.00 Plus applicable. taxes The price(s) shown above is due to CFI Mechanical, Inc. in full, lawful money of the United States of America within I S days after date of invoice. Purchaser shall pay interest on any late payment from the date due until the date paid at the rate of 6 % per annum, or the maximum rate allowed by law, whichever is less. Due to the changes in material prices, the above price will only be valid 15 days from the proposal date. THIS ABOVE PROPOSAL IS ACCEPTED: BY: TITLE: CFI MECHANICAL, INC. ("Seller") BY: Matt Solomon TITLE: Account Manager DATE: CFI Mechanical, Inc. proposes to install and/or furnish the described material/labor for the above Job in accordance with the following terms and conditions of this Proposal. Purchaser's execution and return of this Proposal, or Purchaser's written or verbal direction to CFI Mechanical, Inc. to proceed, or Purchaser's acceptance of any such material or labor furnished by CFI Mechanical, Inc., whichever occurs first, shall constitute Purchaser's agreement to and acceptance of this Proposal and the attached terms and conditions. TX License 6 TACLA A016286C -Regulated by the TX Dept oflicense & Registration, P.O. Boz 12157, Auslin, 7X 78711, 1-800-803-9202 Ron Bukowski 7X License #MPL 19042- Regulated by TX Dept. of License &Registration, P.O. Box 4200AusHn, Texas 78765-4200 CFI MECHANICAL, INC. 6109 Brittmoore • Houston, TX 77041 Phone: 1832) 467=8200 • Fax: (832) 467-8203 Item: Jail chiller- Carrier 30XV160 screw chiller Quantity: 1 Item: Jail. chilled water pumps Quantity: 2 SCREW/SCROLL CHILLER— ANNUAL PREVENTATIVE MAINTENANCE (I) 1. Check and verify power supply to unit and unit operates 2. Record equipment operating hours 3. Check and tighten all electrical connections and inspect relays and contactors 4. Visual check for oil and water leaks. Perform refrigerant leak check with electronic leak detector 5. REMOVE OIL SAMPLES TO SEND IN FOR ANALYSIS 6. Secure any loose tubing and wiring to protect from chafing 7. Megger all motors, as per manufacture 8. Change oil filter on the screw chiller. Check the temperature drop on the liquid line driers. 9. Check and clean condenser coils with water, no pressure washing or chemicals applied 10. Check crankcase and barrel heaters for proper operation 11. Check and verify compressor volts and amps 12. Check and verify condenser fan motor volts /amps and rotation, if applicable 13. Measure and verify water flow through evaporator / Delta T 14. Measure and verify condenser and evaporator pressures, as required 15. Check all operating and capacity controls for proper operation 16. Check and verify all safety control settings: HI / LO / OIL / FREEZESTAT, and FLOW SWITCH 7X License #TACLAA016286C -Regulated by the TX Dept ofLicense & Registration, P.O. Box 12157, Austin, TX78711, 1-800-803-9202 Ron Bukowski TX License #MPL 19042- Regulated by TX Dept. of License & Registration, P.O. Box 4200Austin, Texas 787654200 CFI MECHANICAL, INC. 6109 Brittmoore • Houston, TX 77041 Phone: (832) 467-8200 • Fax: (832) 467-8203 17. Check temperature control system for proper operation 18. Check refrigerant condition, moisture indicator and sight glass 19. Check and righten starter/VFD electrical connections and clean the cabinets. 20. Verify unit operating requirements 21. After 30 minutes of operation, check oil, as per manufactures recommendations 22. Check for unusual noise and vibrations 23. Perform any other tests or checks specific to equipment 24. Check cabinetry hardware and structural integrity of unit 25. Inform customer of any problems found or work needed 26. Follow up with report of oil sample analysis SCREW/SCROLL CHILLER — QUARTERLY PREVENTITIVE MAINTENANCE (3) 1. Check and verify power supply to unit and unit operates 2. Record equipment operating hours 3. Check and clean condenser coils with water, no pressure washing or chemicals applied 4: Visually check for oil, refrigerant and water leaks 5. Measure and verify water flow through evaporator / Delta T 6. Measure and verify condenser and evaporator pressures, as required 7. Check all operating and capacity controls for proper operation 8. Check all chiller pressure/temperature readings 9. Check temperature control system for proper operation 7X License # TACLAA016286C-Regufafedby fhe 7X Dept otLfcense &Registration, P.O. Box 12157, Ausfin, TX 78711, 7-800-803-9202 Ron Bukowski TXCicense #MPL 19042- Regulated by7X Dept. o(License & Registration, P.O. Box 4200Austin, Texas 78765-4200 CFI MECHANICAL, INC. 6109 Mumoore • Houston, TX 17041 Phone: (832) 467-8200 • Fax: (832) 467=8203 10, After 30 minutes of operation, check oil, as per manufactures recommendations 11. Complete a chiller log sheet CHILLED WATER PUMP —ANNUAL AND QUARTERLY MAINTENANCE (41 1. Measure and verify water flow through pump 2. Check for abnormal operation or vibration 3. Check electrical connections 4. Record voltage and amp readings 5. Lubricate as needed 6. Check for water leakage and seal condition Check VFDlStarter for faults and proper operation 8. Complete log sheet TERMS AND CONDITIONS The acceptance of this Proposal is expressly limited to the terms and conditions stated herein. No attempted acceptance which varies or adds to the terms and conditions stated herein shall be effective and any such counter -proposal shall be deemed rejected. Seller shall not be bound by terns additional to ordifferent from those contained in this Proposal that may appear in Purchaser's acceptance, acknowledgement, order, notice to proceed, or any other communication from Purchaser, unless such terms are expressly agreed to in writing and signed by Seller. Purchaser shall provide Seller with a safe environment in which to work. Purchaser represents that it is not aware of any asbestos -containing or other hazardous materials at the Job site, Seller has no responsibility or liability for the investigation, detection, testing, removal, remediation and/or encapsulation of any and all asbestos -containing or other hazardous materials at the Job site, Any investigation, detection, testing, removal, remediation and/or encapsulation of any and all asbestos -containing or other hazardous material will be the responsibility of and at the expense of Purchaser, the Owner or others, If Seller encounters any material believed to be asbestos -containing or other hazardous material, Seller may stop all work in the affected area until Purchaser notifies Seller in writing that it is safe to proceed. Seller shall have no responsibility or liability arising out of or related to, and PURCHASER HEREBY WAIVES AND RELEASES ANY CLAIMS OR CAUSES OF ACTION FOR, THE PRESENCE, GROWTH OR DEVELOPMENT OF MOLD OR MILDEW AT THE JOB SITE, OR FOR THE REMEDIATION OF ANY SUCH MOLD OR MILDEW, OR ANY COSTS, EXPENSES, DAMAGES, OR LIABILITIES RELATED THERETO, EVEN IF SUCH MOLD OR MILDEW IS CAUSED IN WHOLE OR TX License It TACLA A016286C -Regulated by the 7X Dept of License & Regislotion, P.O. Box 12157, Austin, 7X78711, 1-800.803-9202 Ron Bukowskl TX License q MPL 19042- Regulated by TX Dept. of License & Registrmlion, P.O. Box 4200Ausfin, Texas 78765.4200 CFI MECHANICAL, INC. 6109 Brittxnoore • Houston, TX 71041 Phone: (832) 467-8200 • Fax: (832) 467-8203 IN PART BY ANY DEFECTIVE LABOR OR MATERIAL FURNISHED HEREUNDER OR ANY BREACH OF THIS AGREEMENT. The Seller warrants that the material to be installed hereunder will be installed in a goad and workmanlike manner and guarantees to repair or replace any work found by the Seller to be defective in material or in workmanship for a period of ninety (90) days from the date the material is installed or the work is completed. This warranty does not cover damage or defects caused by normal wear and tear, improper use or maintenance of the material by Purchaser, accident, fire, flood, natural disaster, act of vandalism or terrorism, or other causes beyond Seller's reasonable control, but are limited strictly to defects in workmanship and material. This warranty does not cover replacement of belts or filter maintenance. The Seller shall not be liable for the corrosive or erosive action of liquids or gases upon said material and no material shall be deemed defective by reason of its failure to resist physical or chemical action of such elements upon said material. Any liability of the Seller arising out of the design, manufacture, sale or installation of the material hereunder or its use, shall be limited to the cost of correcting any defects in the material or workmanship. Purchaser and Seller hereby waive any and all claims for incidental, indirect, special, consequential, punitive or exemplary damages against the other party, arising out of or related to this agreement or any labor or material furnished hereunder or any breach hereof. The Seller will not be liable for any loss or damages caused by or any delays due to fire, strikes, labor troubles, governmental regulations, the elements, transportation delays, or any other causesbeyondits reasonable control. Purchaser agrees to famish adequate electric power, water and gas, as necessary for Seller's performance under this agreement. if by any act or omission on Purchaser's part, the Seller's performance under this agreement is delayed for a period of 90 days or more, Seller shall have the option of terminating this agreement, and in case of such termination after Seller has partially performed the famishing and installing of the material, Purchaser agrees to pay Seller the portion of the total contract price attributable to the labor performed and the material installed or delivered to the job site at the date of termination, as well as any and all costs of termination, including but not limited to costs of terminating subcontracts or purchase orders, costs of work -in -progress, and costs of demobilization, and any and all delay damages incurred by Seller. All work, unless otherwise noted, in installing the material shall be performed only during usual working hours. Purchaser shalt be responsible for securing from loss and protecting from damage, and shall bear the risk of loss with respect to all material installed and all material delivered to the job site. Notwithstanding the foregoing, the title to all material shall remain in the Seller until payment in full is made by Purchaser. Purchaser shall insure such materials against loss or damage in amount and manner sufficient to protect the interest of the Seller, and Seller shall be named as an additional insured under such insurance. It is agreed the Seller reserves a contractual lien and security interest in all material furnished hereunder until the entire purchase price to be paid and all other sums due Seller under this agreement have been fully paid in cash. Purchaser shall execute such financing statements or other documents requested by Seller as necessary to perfect Seller's security interest. In the event of default in the snaking of any such payment, or in the event Purchaser becomes insolvent, makes an assignment for the benefit of creditors or in the event that a proceeding in bankruptcy or insolvency be instituted against Purchaser, or voluntarily by Purchaser, then at Seller's option, Seller, its agents, successors and assigns may, without notice or demand, resell the material or any part thereof at either public or private sale. If the unpaid balance due Seller under this agreement, including any interest due and damages resulting from Purchaser's default, including any attorneys' fees incurred and the expenses of resale are not satisfied by proceeds of the sale, Purchaser agrees promptly to pay such deficiency. If there is a surplus from the proceeds of the sale after the payment of the above items, it shall be paid to Purchaser. The material when delivered to the job site shall be promptly inspected by Purchaser, and unless Purchaser, within 3 days after the material supplied hereunder is delivered, shall notify the Seller in writing of any claims that said material is defective or does not otherwise fulfill the terms and conditions of this agreement, specifying in what way the material is defective or non -conforming, the material shall be deemed accepted. 7X License # TACLA A016286C - Regulated by the TX Dept of lr'cense 8 Registretlon, P.O. Box 12157, Austin, TX 7871 i, 1-804803-9202 Ron eukowski 7XLlcense # MPL 79042- Regulsledby TX Dept. 01 License 8 Registration, P.O. Box 4200Auslin, Texas 78765-4200 CFI MECHANICAL, INC. 6109 Brittmoore • Houston, TX 77041 Phone: (832) 467-8200 • Fax: (832) 467=8203 This agreement represents the entire agreement between the parties and supersedes any prior or contemporaneous written or oral agreements, representations or warranties. This agreement may be amended or modified only by written agreement executed by the parties thereto. SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR INTENDED USE. Purchaser hereby warrants and represents that any plans, drawings, specifications, or other data furnished to Seller is accurate and sufficient for the purpose in view. In the event of any default by Seller under this agreement, Purchaser shall give Seller written notice of default, and shall give Seller five (5) days from the date of Seller's receipt of such notice to cure or commence and diligently pursue cure of such default. The rights, duties and obligations of the parties hereunder shall be governed and construed in accordance with the laws of the State of Texas, excluding any conflicts or laws or rules which would refer its interpretation to the laws of another jurisdiction. At Seller's option, all claims, disputes, and other matters in question arising out of or relating to this Agreement, or the breach thereof, may be decided by arbitration, which shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect, with a single arbitrator under regular track procedures unless otherwise elected by Seller. All arbitration proceedings or other legal proceedings will be in Houston, Texas. This Agreement to arbitrate shall be specifically enforceable. It is agreed that the work performed and labor and/or materials furnished pursuant to this Agreement affects and involves interstate commerce. The award rendered by the arbitrators shall be final and judgment may be entered upon it in accordance with the applicable law in the court having jurisdiction thereof. TX License # TACLAA01fi286C - Regulated by the TX Dept oNcense & RegisGafion, P.O. Box f2157, Austin, TX 78711, 1-804803-9202 Ron Bukowski TXG'cense # MPL 19042-Regulated by TX Dept. of License & Reg)strafion, P.O. Box 4200Austin, Texas 78765-4200 FROM :CFI Mechanical FAX NO, :8324678203 Dec. 18 2019 01:05PM P1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 sari Complete NOS* 1-a and g If liters are interested parties, - OFFICE USE ONLY Complete Nos. 1, 21 30 51 slit a It [hull Are no Interested parties. CERTIFICATION OF FILING Certificate Numben 201.9571264 1 Name of business entity filing form, entl the city, state and Country of the business entity's place of business. CFI Mechanical, Inc. Houston, TX United States Data Filed: 12/1812019 Name of governmental entity or state agency they in a party to the contrast for whiah the farms being filed. Calhoun County Data Acknowledged: a Provide the idena5cntan number used by the governmental entity at state agency to back or identify the contract, ad description of the services, goods, or other property to be provided under the contract Quarterly Maintenance on Jail Chiller 4 Name of Interested Percy state, court city, by (place of business) Nature of Interest (cited( applicable) Controlling mtermedlary CFI Mechanical, Inc. Houston, TX United States x 5 Check only if there is NO Interested parry. ❑ 8 UNSWOnNDECL KA710N My name is ROVCIZDIar and mydate of birth Is_ My address Is tallest) - (city) (slate) •,. - (ripoode) �.: (wvno-y) I declare under penalty or Dequry that the foregoing is true and corral. E%eeuledin Harris cminty,stalanf Texas .anft18thaeyprpeeem6er,20 1�. (nnn8,) (year) bl9hulUTEnlf authorized agont of vatting busin- esss xww — (nadareng FDIn1S nrnvided by Twvaa Frhi�e r•�»,,..:...,,.., ....... ...... .. Version V1.1.3afiaef7d FROM :CFI Mechanical FAX N0. :8324678203 Dec. 18 2019 01:05PM P1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. 1- a and a it there are interested parries, OFFICE USE ONLY Complete Nos, 11 213, 5, ant] e If instants no interested parties. CERTIFICATION OF FILING Certificate Number, 1 Name of business entity filing form, and the tiny, state and country of the business entity's place of fwsiness. 201.9•a71284 CFI Mechanical, Inc. Houston, TX United States Date Filed: ame of governmental entity or state agency thats a party to the contract tot which the fermis 12/18/2019 being pled. Calhoun County Date Aeknewledged: 3 Provide the identification number used by the governmental mill or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the cantracL Quarterly Maintenance on Jail Chiller 4 Name of Interested Party City, state, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary CFI Mechanical, Inc, Houston, TX United States X 5 Cheek only if there Is NO interested Party. ❑ e UNSWORN DECLARATION My name is Roy Clzmar and my date of birth Is My address Is (sav) (Stale) �(rip wile) (Coeniry) I declare under penalty of perjury that the foregoing is true and torrent. Executed in Harris cearly, State of Texas onlhel8thdayof etc er,2o�. (month) (Year) signaldr0lif authorised agent of nnaWmg huslnoss amity (Dgdaront) Forms urevided by Texa_c Ethir_e cnmmi"e,,,, ,....., ..e,:.......,_...._ .. .._ . _ _ _. CERTIFICATE OF INTERESTED PARTIES FORM 1295 l ofl 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. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2019-571284 Date Filed: 12/18/2019 Date Acknowledged: 01/28/2020 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CFI Mechanical, Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Quarterly Maintenance on Jail Chiller 4 Name of Interested Part Y Cit State, County lace of business Y, Y iP ) Nature of interest check a Ilcable ( PP ) Controlling Intermediary CFI Mechanical, Inc. Houston, TX United Slates X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is ,and my date My address is of birth is (street) (city) (state) (zip code) (country) I declare 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) Forms provided by Texas Ethics Commission www.ethics.state.tx.us version vt.i.uatiaarra Commissioners' Court— DECEMBER 23, 20i9 13. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 13) To vacate a 2.36 acre portion of Outlot 3, Outblock 11, Port O'Connor Townsite Outlots as recorded in Volume 2, Page 1 of the Deed Records of Calhoun County, Texas. (GR) Easy Munoz of Urban Engineering spoke on this matter. RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 11 of 20 Gary D. Reese County Commissioner County of Calhoun Precinct 4 December 5, 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 December 18, 2019. • Consider and take necessary action to vacate a 2.36 acre portion of Outlot 3, Outblock 11, Port O'Connor Townsite Outlots as recorded in Volume 2, Page 1 of the Deed Records of Calhoun County, Texas, Sincerely, Gcwy D. 2eesip� Gary D. Reese GDR/at P.O. Box t 77 _Seadrift, Texas 77983 � email: gary.reese rr.calhouucotx.ore � (361) 785-3141 —Fax (36]) 785-5602 PETITION TO VACATE 2.36 Acre portion of Outlot 3, Outblock 11 Port O'Connor Townsite Outlots THE STATE OF TEXAS} THE COUNTY OF CALHOUN} KNOW ALL MEN BY THESE PRESENTS: That the undersigned being the designated agent of the owners of the properties described as a 2.36 acre portion of Outlot 3, Outblock 11, Port O'Connor Townsite Outlots according to the plat recorded in Volume 2, Page 1, Deed Records of Calhoun County, Texas, do hereby petition the Calhoun County Commissioner's Court to Vacate said 2.36 acre portion of Outlot 3, Outblock 11, Port O'Connor Townsite Outlots in accordance with Sections 206 and 207 of the Subdivision Regulations and Recreational Vehicle Park Regulations Adopted by Calhoun County Commissioner's Court on November 29, 2004 and amended on December 13, 2007. The property is proposed to be replatted in accordance with a plat submitted to the Calhoun County Commissioner's Court. The petition will be considered by the Calhoun County Commissioner's Court on November 27, 2019 at 10:00 am. 2004 N. Commerce Victoria, TX 77901 361-578-9837 (S20078.03 W. Monroe 2) TERRY T. RUDDICK 4943 SURV Victoria San Antonio Cuero 2004 N. Commerce 12681 Silicon Orive 104 E. French Street &, @( Victoria, TX 77901 San Antonio, TX 78249 Cuero,TX 77854 t��r0�t��t���g t��^�� 361-578-9837 210-267-8654 301-277-9061 Firm 4:10021100 Firm N: 10193843 Firm 9: 10021101 ILI Vp CO MIT) sslOners' Court — DECEMBFR 23, 2019 14. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 14) To approve the Final Plat of Pueblo Pesquero. (GR) 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 20 Gary D. Reese County Commissioner County of Calhoun Precinct 4 December 59 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 December 18, 2019. Consider and take necessary action to approve the Final Plat of Pueblo Pesquero. Sincerely, Gary D. Reese GDR/at P.O. Box 177 _Seadrift, Texas 77983 _email: Mary reesencalhouncotz.ore _ (361) 785-3141 � Fax (361) 785-5602 n MsM �� PEI m€ ?aa € n M�, €a ekid ` e il agi gaa w i F CY o s aW� Q 0 FL 0 of i qk no Ty On- \ w� �\ .�� � \\ �� tip` ���"a \\ �.✓ �' a �'s\ ��� 9Q g5s�� ���� 9g,\SOX Aa 00 qC j � 4 ,�y,y� \ \ j•6_ r_ �F 3 Qa �s a� J v G a z now a &i`a53 vv a g €Rs;' \\ "e sa'W€` ¢ gas° 5 z alb dtoP £ias: a s� eOB s S i°o mLL i �a�g 5go� 9�ag r 89yBWE 2 Win fit 83 z a a Bz U i L3 8 z 8m c 3� i 0 P '''g "8 P 3 s°o 3m m' Sao ZU s ��F os ° - ° `1 ° ZU LLI a FL O Gpr SRS� LL wo °°4 �pO`�g xz a z 0 P 0 oz oo 0 o° ¢ s g= o icy �" o o�pyog ga° jj „gg ° a =w �$ .5 00 zo 2 00 0S - p Z€-° -on a3o8 ssNM do in 6o ° zo 80 z c8€€ °L �EEa 8 wg w �ga�B3� Dw DI w�" a To "_ 8„ e g ong ma 2�' _: « Commissioners' Court— DECEMBI R 23, 2019 S. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 15) To vacate Outlots 4, 5, and 6, Outblock 1, Port O'Connor Townsite Outlots according to plat recorded in Volume 2, Page 1 of the Deed Records of Calhoun County, Texas. (GR) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 13 of 20 Gary D. Reese County Commissioner County of Calhoun Precinct 4 December 5, 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 December 18, 2019. • Consider and take necessary action to vacate Outlots 4, 5, and 5, Outblock 1, Port O'Connor Townsite Outlots according to plat recorded in Volume 2, Page 1 of the Deed Records of Calhoun County, Texas, Sincerely, Gary D. Reese GDR/at P.O. Box 177 � Seadrift, Texas 77983 _ email: � rcese�calhouncotx.ore � (361) 785-3141 � Fax (361) 785-5602 PETITION TO VACATE Outlots 4, 5, and 6, Outblock 1 Port O'Connor Townsite Outlots THE STATE OF TEXAS} THE COUNTY OF CALHOUN} KNOW ALL MEN BY THESE PRESENTS That the undersigned being the designated agent of the owners of the properties described as Outlots 4, 5, and 6, Outblock 1, Port O'Connor Townsite Outlots according to the plat recorded in Volume 2, Page 1, Deed Records of Calhoun County, Texas, do hereby petition the Calhoun County Commissioner's Court to Vacate said Outlots 4, 5, and 6, Outblock 1, Port O'Connor Townsite Outlots in accordance with Sections 206 and 207 of the Subdivision Regulations and Recreational Vehicle Park Regulations Adopted by Calhoun County Commissioner's Court on November 29, 2004 and amended on December 13, 2007. The property is proposed to be replatted in accordance with a plat submitted to the Calhoun County Commissioner's Court. The petition will be considered by the Calhoun County Commissioner's Court on November 27, 2019 at 10:00 am. ..ERRY 1. RUDDICK ...... a 9 a s. ....v.,.. Victoria, TX 77901 361-578-9837 (S23219.01 Lucas) Victoria San Antonlo Cuero 2004 N.Commerce 12661 Silicon Drive 104 E. French Street ����n���V� �� ,�� Victoria,TX 77901 San Antonlo, TX 78249 Cuero,TX 77954 �1 9 361-578-9837 210-267-8654 361-277-9061 Firm #: 10021100 Firm H: 10193843 Firm tt: 10021101 i ca Commissioners' Court — DECEMBER 23, 2019 16. Recognize the County Clerk's Office for receiving the 5 Star Award for their excellence in Vital Statistics Registration for 2017, 2018, 2019. (RIN) No Action Taken. Page 14 of 20 t v� �c Dow X � p Ile f1 Commissioners' Court— 6ECEMBER 23, 2019 17. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 17) To declare Precinct 5 Constable's radio as waste and authorize its disposal. No Action Taken Page 15 of 20 Calhoun County, Texas WASTE DECLARATION REQUEST FORM Department Name:����� Requested By: C_ Gx 5 �9Gj1f7� l �� Inventory Number Description Serial No. Reason for Waste Declaration S5'D015'' GNGO�a� 3 �6� lily ,�it.�! Commissioners' Court — DFCEMBER 23, 2019 S. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 18) To declare a 25" RCA TV in the Emergency Management department as waste and authorize its disposal. (RM) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 16 of 20 Calhoun County, Texas WASTE DECLARATION REQUEST FORM Department Name: Emergency Management Requested By: LaDonna Thigpen Inventory Number Description Serial No. Reason for Waste Declaration 406-0101 RCA 25" TV 544521056-346244 Broke Commissioners' Court—DECE.MBER 23, 2019 19. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 19) To declare a Surger Steam Boiler and Hoshizaki Ice Maker located in the Surgery Department of Memorial Medical Center as waste and authorize their disposal. (RM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern,Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct+1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 17 of 20 Calhoun County,l'MID WASTE DECLARATION REQUEST FORM Department Name: Ntomorial Medical Center p t Requested By* Jason Anglin, CEO y11�" Inventory ��11 Number Description Serial No, Reason for Waste Declaration OR0001 Surgery Boiler Oki not operable tl krr�1 (5 i nv-i1lLta— D1060-001 Hoshizaki Ice Maker Q16612G Too expensive to repair I y L r Commissioners' Court — DFCEMBER 23, 2019 20. Accept reports from the following County Offices: 1. Justice of the Peace, Precinct 1— November 2019 (revised) Page 18 of 20 0.00 0.00 .2,411.90 241.18 0.00 4.28 0.00 0.00 0.00 0.00 0.00 if incLuoE c.R. iRcwoE ua. iNcwoE oR. INCWOE O.R. INCLUDE O.R. OF H ILl COUMRY SOF iWPRE M0. REPORT OF HILL COUMRY SOFIWPRE M0. REPORT 12-\Iv-1� MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 12/16/2019 COURT NAME: JUSTICE OF PEACE NO, 1 MONTH OF REPORT: NOVEMBER YEAR OF REPORT: 2019 ACCOUNT NUMBER ACCOUNT NAME AMOUNT CR 1000-001-45011 FINES 5,462.09 CR 1000-001-44190 SHERIFF'S FEES 700.35 ADMINISTRATIVE FEES: DEFENSIVE DRIVING 69.30 CHILD SAFETY 0.00 TRAFFIC 28.74 ADMINISTRATIVE FEES 185,93 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 CR 1000-001-44361 TOTAL ADMINISTRATIVE FEES 283,97 CR 1000-001-44010 CONSTABLE FEES -SERVICE 225.00 CR 1000-001-44061 JP FILING FEES 150.00 CR 1000-001-44090 COPIES / CERTIFIED COPIES 0,00 CR 1000-001-49110 OVERPAYMENTS (LESS THAN $10) 0.00 CR 1000-001-44145 SCHOOL CROSSING/CHILD SAFETY FEE 0.00 CR 1000-999-20741 DUE TO STATE -DRIVING EXAM FEE 0.00 CR 1000-999-20744 DUE TO STATE-SEATBELT FINES 0,00 CR 1000-999-20745 DUE TO STATE -CHILD SEATBELT FEE 0.00 CR 1000-999-20746 DUE TO STATE -OVERWEIGHT FINES 0.00 CR 1000-999-20770 DUE TO JP COLLECTIONS ATTORNEY 824.73 TOTAL FINES, ADMIN. FEES & DUE TO STATE $73646.14 CR 2670-001-44061 COURTHOUSE SECURITY FUND $180.89 CR 2720-001-44061 JUSTICE COURT SECURITY FUND $60.30 CR 2719-001-44061 JUSTICE COURT TECHNOLOGY FUND $241,18 CR 2699-001-44061 JUVENILE CASE MANAGER FUND $241.94 STATE ARREST FEES DPS FEES 64.13 P&W FEES 1.00 TABC FEES 0.00 CR 7020-999-20740 TOTAL STATE ARREST FEES 65,13 CR 7070-999-20610 CCC-GENERAL FUND 245.79 CR 7070-999-20740 CCC-STATE 2,212.11 DR 7070-999-10010 21457.90 CR 7860-999-20610 STF/SUBC-GENERAL FUND 9.87 CR 7860-999-20740 STF/SUBC-STATE 187,46 DR 7860-999-10010 197.33 CR 7860-999-20610 STF- EST 9/1/2019-GENERAL FUND 51.94 CR 7860-999-20740 STF- EST 9/1/2019- STATE 1,246.52 DR 7860-999-10010 11298.46 CR 7950-999-20610 TP-GENERAL FUND 71,15 CR 7950-999-20740 TP-STATE 71.14 DR 7950-999-10010 142.29 CR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 1,50 CR 7480-999-20740 CIVIL INDIGENT LEGAL -STATE 28.50 DR 7480-999-10010 30.00 Page 1 of 2 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 12/1612019 COURT NAME: JUSTICE OF PEACE NO. 1 MONTH OF REPORT: NOVEMBER YEAR OF REPORT: 2019 CR 7865-999-20610 CRIM-SUPP OF IND LEG SVCS-GEN FUND 12.06 CR 7865-999-20740 CRIM-SUPP OF IND LEG SVCS-STATE 108.52 DR 7865-999-10010 120.58 CR 7970-999-20610 TUFTA-GENERAL FUND 91,01 CR 7970-999-20740 TL/FTA-STATE 182.01 DR 7970-999-10010 273.02 CR 7505-999-20610 JPAY-GENERALFUND 36,18 CR 7505-999-20740 JPAY-STATE 325.58 DR 7505-999-10010 361.76 CR 7857-999-20610 JURY REIMB. FUND- GEN. FUND 23.72 CR 7857-999-20740 JURY REIMB. FUND- STATE 213,46 DR 7857-999-10010 237.18 CR 7856-999-20610 CIVIL JUSTICE DATA REPOS: GEN FUND 0.43 CR 7856-999-20740 CIVIL JUSTICE DATA REPOS: STATE 3,85 DR 7856-999-10010 4.28 CR 7502-999-20740 JUD/CRT PERSONNEL TRAINING FUND- STATE VIVO DR 7502-999-10010 VIVO 7998-999-20740 TRUANCY PREVENTlDIV FUND -STATE 59.29 7998-999-20701 JUVENILE CASE MANAGER FUND 59.29 DR 7998-999-10010 118.58 7403-999-22889 ELECTRONIC FILING FEE - CV STATE 50.00 DR 7403-999-22889 50.00 TOTAL (Distrib Req to OperAcct) $13,726.95 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD 0,00 DA - RESTITUTION 0.00 REFUND OF OVERPAYMENT: 160,00 OUT -OF -COUNTY SERVICE FI 0.00 CASH BONDS 0.00 PARKS & WILDLIFE FINES 196,35 WATER SAFETY FINES 0.00 TOTAL DUE TO OTHERS $356.35 TOTAL COLLECTED -ALL FUNDS $14,083.30 LESS: TOTAL TREASUER'S RECEIPTS $14,083.30 REVISED 03/04/16 OVER/(SHORT) $0.00 Page 2 of 2 CALHOUN COUNTY 201 West Austin PAYEE Name: Calhoun County Oper, Acct. Address: City: State: Zip: Phone: DISTRIBUTION REQUEST DR# 450 A 43o U PAYOR Officiai: Hope Kurtz Title: Justice of the Peace, Pct. 1 :ACCOUNT NUMBER DESCRIPTION AMOUNT 7541-999-20759.999 JP1 Monthly Collections - Distribution $13,726.95 NOVEMBER 2019 V# 967 TOTAL 133726,95 of Official Date Commissioners' Court— DECEMBFR 23, 2019 21. Consider and take necessary action on any necessary budget adjustments. RESULT: APPROVE® [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, CommissionerHall, Lyssy, Syma, Reese Page 19 of 20 0 n r B a =_ m T m �0m> Co z o G) D A O ? a= m� G m= N a O m p o_ Z5 m 00 =_ O b m= O oo m oo Oo Z O M= q n? y z0000 O Z= Z 30000 Z- ZiZz -Zip = 1 a a O a 3 O = r r a� S v o 0 0 0 0 o m T ma a ME T� T _ (9 V! 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ME o m a �= O O = _ m it P9 cA0 W N N W O O p o T < T c m O O c 0 m C a morn 0mU) 0z m c co C cn z n coo coo coo= m Z Z Z p 6000 3000 2 Z �Zu x -i m o � W a � a O O 3 n a r c- i e aT to 0000 T 0 0 0 0 0 p 66 ��mm O 0 0 �T e e � O EA EA T O O Z ripe W Ip�nr1 O N W W W p t0 W O O W Z N O N N O p c n �o0 D z O N 0 =Z �p c'ima �Z rm,e c Z zm zN 0 C mu T < C 0 U) I coo coo coo coo z e zZzz 0000 0 Q G) D z z z Z z Z a 3 s� N �+ C v �+ o oo� co e .Txy m � W N O T S O O t0o NS T O y W a y W a N W N w m W m O W [+^ O O (o v0 NII I O O a r m=_ 0o a a= o 0 m= z € c Z= v 0WE O O O MEN Q7 = t0 EMS WE omo WEpm O O Aome FEE ONE o 0 00 GA�G;cp)7 Z Z � a 3 O AT O �ya O � T O v=_ m=_ a=_ 3= m= ze c -� = z z=_ v °= o SORAE = Q = Q Own EPEE amw EPEE EMU omm pm ome EMU EMU FEE pmo omo O D r O O c v o O O O �Te w a z o m? z m: a m€ o m Zi o O z �'• a; a c 1; oc m y i a 1? y n 5a; m; Z; o W y P =moo Am �Z n D m a � D y T�zz n � 3 D T (il 9 (OO Z o O O A �7 D D a 3 a� A f9 J O �caiea `r 0 0 0 a J O) 0 0 0 0 3 0 C pOj N eWa O J W W A N W Z 2 m= z rnrnw� 000w000 0 O �_ oo� e O <-I�O M m "I= O1z v=��T -Zi 3=_ m crC m z m - SO C m=_ � Dmr�-o 10 AO m Z= C M(nz a Oc> O Z cn �= G m z 0A o w Z =_ m m D O eaa Z p a ? era z �z� 3=_ z N O r m= � a m Z rn m Z= m 3 ci NEW O =_rM 3 m 3 m WE wo 'n .{ P Z 3= Z n ��o co co co co co= m y m= �' nco co coZ e M O 0 o z mzzzzzz �Z1= 2 z mzzz 0 6000000 _ `� 0 6000 p O7 O O O O O = A® 3 0 0 0 7Dy�� 7y� m Ay D y Z Z Z Z Z Z �. = D y z z z Z � = m Z - m w a a = 4Zi ? a O = 3 rn a - - 0 ti rn a n = n n a r P Zan an r r P W = eta W an T c a fA fA fA EA Efl FA EA EA T ^' — to Hi H 0 0 0000000 0= o 0 0000 m=__ W W W a = r9i m Z _ Z w o w EA E9 EA EA fA Efl EA EA rn rn 3 = EA fA fA EA fA EA rn rn 0 0000000 m= o 0 0000 za c �= z ;� EAAEA a� Za_ Zvi N N A O T m C 'O' z o0i EA W T O = N Wernan ��*+ O O 0 EA EA O O O rn T = O O O O O O rn W O O O O O O O O Ca� a W N A O A N O w w a = O N O w w a E» E»o p^'rn O O 0 0 0 0 0 0 = O O 0 0 (n 0 3 m N N O tD 0 A z 0 n m C m z P m v 0 n y O �z c � m° a a 0 a W 0 N W 0 0 c �� V V z O O fh O '• N � � � ?� V t��t O Commissioners' Court — DECEMBER 23, 2019 22. Approval of bills and payroll. (RM) MMC RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 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 .Payroll RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Adjourned: 10:39 am Page 20 of 20 MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ---- December 23.2019 INDIGENT HEALTHCARE FUND: INDIGENT EXPENSES HEB Pharmacy (Medimpact) Pharmacy Reimbursement MMCenter (In -Parent $ 0.00/ Out -patient $3,428.48 / ER $-347.52) Memorial Medical Clinic AMC Professional Fees Port Lavaca Clinic Singleton Associates, PA Victoria Anesthesiology Assoc Victoria Kidney & Dialysis SUBTOTAL Memorial Medical Center (tnafgent ea care PayroO and Expenses, Co -pays adjustments for November 2019 Reimbursement from Medicaid 248.52 3,080,96 1,870.62 411.38 207.26 24.59 149,36 46,73 6, 039.42 4,166.67 Subtotal 103206.09 (110400) 0.00 MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ----December 23 2019 INDIGENT HEALTHCARE FUND: INDIGENT EXPENSES HEB Pharmacy (Medimpact) Pharmacy Reimbursement MMCenter (in -patient $ 0.001 out -patient $3,428.48 / ER $-347.52) Memorial Medical Clinic MMC Professional Fees Port Lavaca Clinic Singleton Associates, PA Victoria Anesthesiology Assoc Victoria Kidney & Dialysis SUBTOTAL Memorial Medical Centerpnmsent Heauncare Payren ana expenses) Co -pays adjustments for November 2019 Reimbursement from Medicaid 248.52 3,080,96 1,870,62 411,38 207,26 24,59 149,36 46.73 6,039.42 4,166.67 Subtotal 10,206,09 (110600) 0.00 ✓J Cf COUNTY, TEXAS DATE: CC Indigent Health Care VENDOR # 852 ACCOUNT NUMBER DESCRIPTION OF GOODS OR SERVICES UNIT PRICE TOTAL PRICE QUANTITY 1000-800-98722-999 Transfer to pa bills for Indi ent xealth Care $10,096.09 approved b Commis'sioners Court oD io-23/2019 1000-001-46010 ovember'�180, 2059 --interest€ - ($3970) $10,092,39 COUNTY AUDITOR APPRQUORM.Wb THE ITEMS OR SERVICES SHOWN ABOVE ARE NEEDED IN THE DISCHARGE OF MY OFFICIAL DUTIES AND I CERTIFY THAT FUNDS ARE AVAILABLE TO PAY THIS OBLIGATION. I CERTIFY THAT THE ABOVE ITEMS OR SERVICES WERE RECEIVED BY ME IN GOOD COI D 0 AND REQUEST THE COUNTY TREASURER TO PAY THE ABOVE ATION. 12/23/09 ON { DECq t 2019 BY Cd� HOUN COUNTY AUDIT DEPAR ENT HEAD DATE 815 N. Virginia St Port Lavaca, Texas 77979 (36I) 552-6713 Date: 12%4/2D19 Invoice # 338 For: Nov-19 Bill To: Calhoun County Funds to cover Indigent program operating expenses. $ 4J166,67 13Y rat urr��n� rn�iAry a�:ntsnp Total $ 4,166.67 Diane Moore CFO MEMORIAL MEDICAL CENTER CHECK REQUEST Calhoun County Indigent Account Date Requested: 12/412019 APPROVED ON DEC 0 5 2013 COUNTYAUDITOR CALHOUN COUNTY, TmUS AMOUNT $110.00 POR ACCT. USE ONLV Imprest Cash nA/P Check Mail Check to Vendor Return Check to Dept G/L NUMBER: 50240000 EXPLANATION: To transfer indigent co -pays from the operating account to the ind^igent bank account. December.2019 / REQUESTED BY: Sarah L. Henderson RECEIVED DEC 0 4 2[`;9 ACCOUNTS PAYABLIF AUTHORIZED BY: APaRt�u�O aN DEC - 9 2019 BY cALHOUN COUNTY AUDITOR C� REQUESTED BY: Sarah L. Henderson RECEIVED DEC 0 4 2[`;9 ACCOUNTS PAYABLIF AUTHORIZED BY: APaRt�u�O aN DEC - 9 2019 BY cALHOUN COUNTY AUDITOR C� RUN DATE: 12/04119 MEMORIAL MEDICAL CENTER PAGE IN TIME: 15:41 RECEIPTS FROM 11/01/19 TO 11/30/19 RCRRBP - GA RECEIPT PAY MR RECEIPT DISC COLL GL CA9N NUMBBR DATE NUMBER TYPO PAYER AMOUNT AMOUNT NURSER MANE DATE UNIT CODE ACCOUNT 50290.000 11/22/19 537484 CA 1D.D0 30.00 00/00(DO CAE 50240cDOO 11/01/19 535596 CA 10,E0 10,00 00/00/00 PLB 502406000 11/11/19 536527 CA 10.00 1090D 00/00/00 PLB 50240,000 11/14/19 516724 CA 10.00 10,00 00/00/00 PLO 50240,000 11/15/19 536010 CA 10.00 10400 00/00/00 PLR 50240,000 11/19/19 537038 CA 10,00 10,00 00/00/00 PLB 502406000 11/25/19 531620 CA 10.00 10,00 00/00/00 PLB 50240,000 11/25/19 537643 CK 10,00 10,00 00/OD/00 PLB 50240,000 11/27/19 537810 CA 10.00 10,00 00/00/00 PLB 50240*000 11/27/19 537816 CA 10.00 10,00 00/00/00 PLB 50240,000 11/01/19 535502 CA 10400 10,00 O0/00/00 SP *+TOTAL*• 502OMI COUNTY INDIGBYP COPAYE 110.00 6 L ®IHS Issued 12/05/19 Source Description Source Totals Report Calhoun Indigent Health Care Batch Dates 12/01/2019 through 12/01/2019 For Source Group Indigent Health Care For Vendor: All Vendors Amount Billed 01 Physician Services 01-2 Physician Services- Anesthesia 02 Prescription Drugs 08 Rural Health Clinics 14 Mmc - Hospital Outpatient 15 Mmc - Er Bills 3,620.80 546.00 248,52 2,244.00 10,714,01 -19086,00 Expenditures 17,396.13 Reimb/Adjustments-1,108.80 Grand Total 16,287.33 EXPENSES COPAYS TOTAL Amount Paid 482.70 149.36 248.52 2,077,88 3,428,48 347.52 6,409.74_ 370.32/ 6,039,42 $4166.67 / 9 $10,206. <$110.00> 10�091s�0 v Statement Date Account No THE COUNTY OF CALHOUN TEXAS CAL CO INDIGENT HEALTHCARE 202 S ANN ST STE A PORT LAVACA TX 77979 12756 11/30/2019 Page 1 of 2 :::STATEMENTSUMMARY% Fr Public Fund Contrac[uaI Ckg w Int Account No r r r Deposits/Other... $16,160,03 Checks/OtherChecks/Other Debits $15,998*61 11/30/2019 Ending Balance 30 Days in Statement Period $5596,62 Total Enclosures r s DEPOSITS/OTHER CREDITS r.te Description 11/07/2019 repo •. r repo r rr 11130/2019 Accr Earning Pymt Added to Account $3,70 CHECKS Check Number Date Amount Check Number Date AmountDate Amount r r r r r : rr 1 L DAILY ENDING BALANCE J Date Balance 71.01 $5,425.20 11-07 $21,411.53 11-15 $7,428.42 EARNINGS SUMMARY Interest Paid This Period Interest Paid VTD MEMBER FDIC LENDER Date Balance Date Balance $3.70 Annual Percentage Yield Earned 0.45 % $50.24 Days in Earnings Period 30 Earnings Balance $92998,79 NYSE Symbol "PB" OHS Issued 12/05/19 Source Description Source Totals Report Calhoun Indigent Health Care Batch Dates 02/01/2019 through 12/01/2019 For Source Group Indigent Health Care For Vendor: All Vendors Amount Billed 01 Physician Services 01-2 Physician Services- Anesthesia 02 Prescription Drugs 08 Rural Health Clinics 11 Reimbursements 13 Mmc - Inpatient Hospital 14 Mmc - Hospital Outpatient 15 Mmc - Er Bills Expenditures Reimb/Adjustments Grand Total 72,136.30 10,140.00 21876,04 19,813,14 0.00 82618,00 2712823.00 76,230.00 463,581,65 -1,945.17 461,636448 EXPENSES COPAYS TOTAL Amount Paid 8,717,62 2,807,59 2,876,04 17,884.58 4,535415 4,998,44 87,524427 24,393.60 150,490,35 5,823.36 144,666.99 $45,833.34 $190,500,33 <$2,050.00> $188,460633 Calhoun County Indigent Care Patient Caseload 2019 Approved Denied Removed Active Pending January 0 1 6 15 4 February 2 0 0 17 2 March 2 1 1 18 6 April 2 0 0 20 4 May 1 2 0 21 2 June 0 0 1 20 4 July 0 1 0 20 3 August 0 0 0 20 7 September 3 0 4 18 12 October 6 3 6 15 7 November 3 1 1 16 4 December YTD Monthly Avg 2 1 2 18 5 December 2018 Active 21 Number of Charity patients 234 Number of Charity patients below 100% FPL 145 Calhoun County Pharmacy Assistance Patient Caseload 2018 Approved Refills Removed Active Value January 3 15 0 91 $25,152.26 February 4 12 0 95 $32,125405 March 4 8 1 94 $13,174.77 April 8 12 0 102 $421108.25 May 5 15 0 107 $51,395.05 June 3 9 0 110 $28,998,17 July 1 5 0 111 $15,135.00 August 0 6 0 111 $12,366,67 September 0 9 1 110 $9,677,53 October 2 12 1 111 $11,622.77 November 1 10 0 112 $16,804,00 December PATIENT SAVINGS Monthly Avg 3 10 0 105 $23,505.41 0 December 2018 Active 87 Search List Page 1 of 2 Bill Listing Page 1 of 1 Total Items= 4 —1 1 r----IG I— �! Invoice # Batch Date Check # ; Amt Bill I1 st DOS I Entry Date ! Total CIieI 006734*10091*13 11/01/2019 40.00 10/28/2019 11/07/2019 30.25 ANDI ZINE 006734*10091*12 10/01/2019 012296 1/086400 08/20/2019 09/18/2019 347.52 ANDI ZINE —� ANDI 006734*10091*11 09/01/2019 012284 1,086.00 08/21/2019 08/26/2019 ( 347.92 ZINE 006734*10091*10 09/01/2019 012284 14106,00 08/08/2019 08/20/2019 353.92 ANDI ZINE 13 https:Hsecure.ihshosted.com:61229/gsapdfs/1575673249424. STDLIST.18968, 831238 t 6,ht... 12/6/2019 MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR -- December 23, 2019 TOTALS TO BE APPROVED -TRANSFERRED FROM ATTACHED PAGES TOTAL PAYABLES, PAYROLL AND ELECTRONIC BANK PAYMENTS $ j 940,518.05 TOTAL TRANSFERSBETWEEN FUNDS $ 4,418.68 TOTAL NURSING HOME UPL EXPENSES $ 575,541.71 TOTAL INTER -GOVERNMENT TRANSFERS $ 124,951.19 DEC 1 8 2019 MEMORIAL MEDICAL CENTER 12/18/2019 coffi0vw AP Open Invoice List Due Dates Through: 01/01/2020 Vendor# Vendor Name / Class Pay Code 10950 ACUTE CARE INC ✓ Invoice#/ Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 24701✓ 11/30/20 12/20120 12130/20 11400,00 RFID FEE Vendor Totals Number Name Gross 10950 ACUTE CARE INC 1,400.00 Vendor# Vendor Name I Class Pay Code A1690 ALCON LABORATORIES, INC. M Invoice# Comment Tran Dt Inv Dt Due Dt Check D, Pay Gross 9657007451 12/16/20 11127/20 12/27/20 795,00 SUPPLIES Vendor Totals Number Name Gross A1690 ALCON LABORATORIES, INC. 795,00 Vendor# Vendor Name Glass Pay Code A1787 AMERICAN COLLEGE OF HEALTHCARE V, w Invoice# /Comment Tran Dt Inv Dt Due DI Check D' Pay Gross 1422356 �/ 11/06/20 10131/2012131120 345,00 14 Otjl ANNUAL MEMEBERSHIP JASWJ NV)6jjYj .444249 11/13120 11/12/20 12/31/20 345.00 ANNUAL MEMBERSHIP ROSHWa0. Itj Vendor Totals Number Name Gross A1787 AMERICAN COLLEGE OF HEALTHCARE 690,00 Vendor# Vendor Name Class Pay Code 12060 AQUA PURIFICATION INC. Invoice# Comment Tran Dt Inv Dt Due Dt Check D' Pay Gross 43129lA� 12117/20 12/10120 12110120 41600,00 REPAIR EXISTING KINETICO Vendor Totals Number Name Gross 12060 AQUA PURIFICATION INC. 41600.00 Vendor# Vendor Name Class Pay Code A2600 AUTO PARTS & MACHINE CO. ✓ w Invoice# Comment Tran Dt Inv Dt Due Dt Check D' Pay Gross 914960 12/11/20 12/05/20 12/26/20 1.35 / SUPPLIES 915126✓ 12/17/20 12106120 12121/20 34,97 SUPPLIES Vendor Totals Number Name Gross A2600 AUTO PARTS & MACHINE CO. 36.32 Vendor# Vendor Name / Class Pay Code B1150 BAXTER HEALTHCARE ✓ w Invoice# /Comment Tran Dt Inv Dt Due Dt Check D' Pay Gross 11963044✓ 12/16120 11/30/20 12/25120 12.31 LATE PAYMENT Vendor Totals Number Name Gross B1150 BAXTER HEALTHCARE 12,31 Vendor# Vendor Name Class Pay Code B1220 BECKMAN COULTER INC ✓/ M . Page 1 of 12 0 ap_open_invoice.template Discount No -Pay Net 0.00 0,00 11400.00 Discount No -Pay Nei 0.00 0,00 11400.00 Discount No -Pay Net 0.00 0,00 795.00 Discount No -Pay Net 0.00 0.00 795.00 Discount No -Pay Nel 0.00 0.00 345.00 >/ 0.00 0,00 345.00 Discount No -Pay Net 0.00 0.00 690.00 Discount No -Pay Net / 0.00 0.00 - 4,600.00 ✓ Discount No -Pay Net 0.00 0.00 4,600.00 Discount No•Pay Net 0.00 0.00 1.35 0.00 0.00 34.97 Dlsccunt No -Pay 0.00 0.00 Discount No -Pay 0.00 0.00 Discount No -Pay 0.00 0.00 Net 36.32 Net 12.31 Net 12.31 file:!//C:/Usershnmckissack/cpsi/memmed.cpsinet.com/u88150/data_5/tmp_cw5report9... 12/ 18/2019 Page 3 of 12 LAB SERVICES Vendor Totals Number Name Gross Discount No -Pay Net 10212 CLINICAL PATHOLOGY LABS 11,171.16 0.00 0,00 11,171.16 Vendor# Vendor Name Class Pay Code 12980 COVENTRY WOKERS COMP SERVICES Invoice# Comment Tran Dt Inv Dt Due Dt Check DPay Gross Discount No -Pay Net / 121219 12/17/2012112/2012/12/20 11,46 0.00 0,00 11,46 r/ PATIENT Vendor Totals Number Name Gross Discount No -Pay Net 12980 COVENTRY WOKERS COMP SERVICES 11.46 0,00 0.00 11,46 Vendor# Vendor Name Class Pay Code 10509 DA&E Invoice# Comment Tram Dt Inv Dt Due Dt Check O Pay Gross Discount No -Pay Net 13149 12/11/20 11/29/20 12/29/20 11731,00 0.00 0.00 1,731.00 CAH MEDICARE REIMB ASSIS--A fe- CPI; Vendor Totals Number Name Gross Discount No -Pay Net 10509 DA&E 11731,00 0.00 0.00 11731.00 Vendor# Vendor Name Class Pay Code 10368 DEWITT POTH & SON V// Invoice# / Comment Tran Dt Inv Dt Due Dt Check D' Pay Gross Discount No -Pay Net 6913530 11/30/20 12102/20 12127/20 170,15 0.00 0,00 170.15 / SUPPLIES / 5900980 ✓ 12/11/20 11/18/20 12/26/20 17.20 0.00 0.00 17.20✓ SUPPLIES / 5914940 v/ 12/11/20 12/03/20 12/28/20 315.81 0,00 0.00 315,81 ✓ SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 10368 DEW" POTH & SON 503.16 0,00 0.00 503.16 Vendor# Vendor Name Class Pay Code 11291 DOWELL PEST CONTROL Invoice# Comment Tran Dt Inv Dt . Due Dt Check D Pay Gross Discount No -Pay Net 14435 12/11/20 11/29/20 12/29/20 505.00 0.00 0,00 505.00 PEST Vendor Totals Number Name Gross Discount No -Pay Net 11291 DOWELL PEST CONTROL 505,00 0.00 0,00 505.00 Vendor# Vendor Name Class Pay Code D1710 DOWNTOWN CLEANERS v1 W Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 121219 12/17/20 12/12/20 12/22/20 177.10 0.00 0,00 177.10 LAUNDRY OCTINOV Vendor Totals Number Name Gross Discount No -Pay Net D1710 DOWNTOWN CLEANERS 177.10 0.00 0.00 177.10 Vendor# Vendor Name Class Pay Code 11284 EMERGENCY STAFFING SOLUTIONS Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 38668,/ 12/17120 12/15120 12125/20 40,062,50 0.00 0,00 40,062.50✓ ERSTAFFING (I-(g-h) Vendor Totals Number Name Gross Discount No -Pay Net 11284 EMERGENCY STAFFING SOLUTIONS 40,062.50 0.00 0,00 40,062,50 Vendor# Vendor Name Class Pay Code 02610 EVIDENT ✓ M file:///C:/Users/mmckissack/cpsi/memmed.cpsinet.com/u88150(data_5/tmp_cw5report9... 12/ 18/2019 Page 5 of 12 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net W1300 GRAINGER 251,26 0.00 0,00 251,26 Vendor# Vendor Name Class Pay Code 12948 GREAT AMERICAN FINANCIAL SVCS Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 26063389 ✓/12/09/20 12106/20 12131120 %575.00 0.00 0.00 91575,00 COPIER LEASE Vendor Totals Number Name Gross Discount No -Pay Net 12948 GREAT AMERICAN FINANCIAL SVCS 9,575.00 0,00 0,00 91576,00 Vendor# Vendor Name Class Pay Code G1210 GULF COAST PAPER COMPANY ✓ M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net / 1774111 �/ 11/30/20 11/26/20 12/26/20 16029.11 0.00 0,00 1,029.11 SUPPLIES Vendor Totals -Number Name Gross Discount No -Pay Net G1210 GULF COAST PAPER COMPANY 11029,11 0,00 0.00 1,029.11 Vendor# Vendor Name Class Pay Code H0032 H + H SYSTEM, INC. Invoice# / Comment Tram Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 029156 ✓ 11/30/20 11/26/20 12/26/20 52,23 0.00 0,00 52.23 ✓ SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net H0032 H +H SYSTEM, INC. 52,23 0.00 0,00 52,23 Vendor# Vendor Name C ass Pay Code 10804 HEALTHCARE CODING & CONSULTING V Invoice# Comment Tran Dt Inv Dt Due Dt Check D* Pay Gross Discount No -Pay Net 9137 ✓ 12/11/20 11/30/20 12130120 11065,00 0.00 0,00 1,065.00 ,/ CODING SERVICES Vendor Totals Number Name Gross Discount No -Pay Net 10804 HEALTHCARE CODING & CONSULTING 11065,00 0,00 0.00 13066,00 Vendor# Vendor Name Class Pay Code 11662 HEALTHCARE EQUIPMENT FINANCE f Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net / 100244754✓ 12109120 12107120 01/01/20. 11797,44 0,00 0,00 13797,44 v LEASE 910-CII) 100244751 ✓ 12/09/20 12/07/20 01/01/20 4,919.41 0,00 0.00 4,919.41 ✓ LEASE IILr2PtSt" t'jtJa-O a-- / 100244752 ✓ 12/09120 12/07120 01/01/20. 7,154.17 0.00 0,00 7,154.17 ✓ LEASE 100244753 1 121y0912012107/2001101/20. 71447,86 0.00 0.00 7,447.86 ✓ LEASE �1�1(,YPSI 3Ha.LH Vendor Totals Number Name Gross Discount No -Pay Net 11552 HEALTHCARE EQUIPMENT FINANCE 21,318.88 0.00 0.00 21,318.88 Vendor# Vendor Name /Class Pay Code H0031 HEB CREDIT RECEIVABLES DEPT308 v/ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net OC46765 12/17/20 10/28/20 12/25/20 11.34 0.00 0,00 11.34 FINANCE CHARGE OC46764 12/17/20 10/28/20 12125/20 1.27 0,00 0.00 1,27 ✓ FINANCE CHARGE file:///C:/Userslmmcicissack/cpsi/memmed.cpsinet.conr/u88150/data_5/tmp_cw5report9... 12/ 18/2019 Page 7 of 12' 12868 HOLT CAT 2981887.00 0.00 0.00 Vendor# Vendor Name / Class Pay Code 11200 IRON MOUNTAIN ✓ - Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross CDTW898 V// 12111/2011130120 12/30/20 466.62 SHRED SERVICE Vendor Totals Number Name Gross 11200 IRON MOUNTAIN 466,62 Vendor# Vendor Name / Class Pay Code L1640 LOWE'S HOME CENTERS INC ,/ W Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 63269 12/17/20 11/06/20 12/28/20 513.24 SUPPLIES f W t'UQf ye�(Alr pwjec%-�Y4N% Gfjpk(.C, 15356 12/17/20 11 /20120 12/28/20 192.35 SUPPLIES 53184 12/17/2011122l2012l28/20 SUPPLIES �Cilin� filth 112819 12/17/20 11 /28/20 12/28/20 LATE FEE/INTEREST CHARGE Vendor Totals Number Name L1640 LOWE'S HOME CENTERS INC Vendor# Vendor Name Class Pay Code 10972 MG TRUST 298,887.00 Discount No -Pay Net 0.00 0,00 466.62 Discount No -Pay Net 0.00 0,00 466,62 Discount No -Pay Net 0.00 0,00 513,24 r�x 0.00 195.00 0.00 59.34 0.00 0.00 192.35 ,� 0.00 195.00 0.00 59.34 ,// Gross Discount No -Pay Net 959.93 0.00 0,00 959.93 Invoice# Comment Tran Dt Inv Dt Due Dt Check D' Pay Gross Diswunl No -Pay Nat 120919 12/1712012/09/2012/09/20 11190.86 0.00 0.00 1,190.86 PAYROLL DED Vendor Totals Number Name Gross Discount No -Pay Net 10972 M G TRUST 1,190,86 0.00 0.00 1,190.86 Vendor# Vendor Name Class Pay Code M1950 MARTIN PRINTING CO W Invoice# / Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 74895 ✓ 11/30/20 11/26/20 12/26/20 379.00 0.00 0.00 379,00 APPT CARDS COOK r 1261as � Uw I W 1l Clow c6dl) ' Vendor Totals Number Name Gross Discount No -Pay Net M1950 MARTIN PRINTING CO 379.00 0.00 0.00 379,00 Vendor# Vendor Name / Class Pay Code 11612 MASA GLOBAL BUILDING ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 725934MKMMC r/ 12117/20 12/06120 12/06/20 1t705,00 0.00 0.00 17705.00 INSURANCE 735982MKMMC✓ 12/17/20 12/17120 12/17/20 11648,00 0,00 0,00 11648,00✓ INSURANCE Vendor Totals Number Name Gross Discount No -Pay Net 11612 MASA GLOBAL BUILDING 33353.00 0.00 0.00 3,353.00 Vendor# Vendor Name Class Pay Code 12248 MEMORIAL MEDICAL CENTER Invoice# Comment Tran Dt Inv Dt Due Dt Check D' Pay Gross Discount No -Pay Net 120519 12/11120 12/05/20 12126/20 14.50 0.00 0.00 14.50 r/ PETTYCASH (li1N`1UYstill4,j -FLY iY�61xr:��JVil YegiS'iYu}ia✓t OA Vendor Totals Number Name 140,9 vlkll. .(rb Gross Discount No -Pay Net 12248 MEMORIAL MEDICAL CENTER 14,60 0,00 0,00 14.50 file:/!/C:/Users/mmckissack/cpsi/memmed.cpsinet.com/u8 8150/data_5/tmp_cw5report9,.. 12/18/2019 Page 9 of 12 01416 ORTHO CLINICAL DIAGNOSTICS ✓ Invoice# Co/mm en Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 1851234059 V 11/30/20 11/26/20 12/26/20 1,530.83 0,00 0.00 1,530.83✓ SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 01416 ORTHO CLINICAL DIAGNOSTICS 11530,83 0.00 0.00 11530,83 Vendor# Vendor Name Class Pay Code P0706 PALACIOS BEACON W Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 3305684 5 12/17/20 11/26/20 12/26/20 187.50 0,00 0.00 187.50 VZ AD Vendor Totals Number Name Gross Discount No -Pay Net P0706 PALACIOS BEACON 187,60 0,00 0,00 187,50 Vendor# Vendor Name Class Pay Code 11155 PARA ,/ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 5916 11/30/20 12101/20 12/31/20 2,000,00 0.00 0.00 2,000.00 REVENUE INTEGRITY PROGR Vendor Totals Number Name Gross Discount No -Pay Net 11165 PARA 2,000,00 0.00 0,00 21000,00 Vendor# Vendor Name Class Pay Code 11932 PRESS GANEY ASSOCIATES, INC. ✓/ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net IN000411837 ✓/11/30/20 1.1/30/20 12/30/20 2,028.00 0.00 0,00 2,028.00 / PT SURVEY Vendor Totals Number Name Gross Discount No -Pay Net 11932 PRESS GANEY ASSOCIATES, INC. 25028,00 0.00 0.00 2,028.00 Vendor# Vendor Name Class Pay Code 12480 PRO ENERGY PARTNERS LP Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Grass Discount No -Pay Net / 19110600 r/ 12111120 11/30120 12126120 3,573.05 0,00 0,00 3,573.05 I/ GAS Vendor Totals Number Name Gross Discount No -Pay Net 12480 PRO ENERGY PARTNERS LP 3,573,05 0.00 0.00 3,573.05 Vendor# Vendor Name Class Pay Code 71252 RX WASTE SYSTEMS LLC >/ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 2296 r// 11/30/20 12/01/20 12/26/20 235.00 0.00 0.00 235.00 WASTE SERVICE Vendor Totals Number Name Gross Discount No -Pay Net 11252 RX WASTE SYSTEMS LLC 235,00 0,00 0.00 236.00 Vendor# Vendor Name Class Pay Code 51001 SANOFI PASTEUR INC vZ W Invoice# C mment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 913438640 10/29/20 10/16/20 01/01/20 2,804.43 0.00 0,00 21804,43 ✓ INVENTORY Vendor Totals Number Name Gross Discount No -Pay Net S1001 SANOFI PASTEUR INC 2,804.43 0.00 0.00 21804443 Vendor# Vendor Name / Class Pay Code 10625 SARA RUBIO ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check 0 Pay Gross Discount No -Pay _ Net fi le:/!/C:/Users/mmckissack/cpsi/memmed.cpsinet.com/u88150/data_5/tmp_cw5report9... 12/ 18/2019 Page 11 of 12 11672 STANLEY ACCESS TECH LLC 279.50 0.00 0.00 279.50 Vendor# Vendor Name / Class Pay Code S3960 STERICYCLE, INC Invoice# Co ment Tran Dt Inv Dt Due Dt Check D� Pay Gross Discount No -Pay Net / 4008984478 *7 11/20/20 12/01/20 12/31/20 2$00.00 0,00 0.00 2,300.00 DISPOSAL SERVICE Vendor Totals Number Name Gross Discount No -Pay Net 83960 STERICYCLE, INC 21300,00 0.00 0.00 21300,00 Vendor# Vendor Name / Class Pay Code T2539 T-SYSTEM, INC ✓ W Invoice# Cc ment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 205EV64518 11/30/20 11/30/20 12/30/20 41555,00 0.00 0.00 4,555.00 TRACKING / 205EV54473 �/ 11/30/20 11/30/20 12/30/20 11144,00 0,00 0.00 1,144.00 l/ CLOUD HOSTING Vendor Totals Number Name Gross Discount No -Pay Net T2539 T-SYSTEM, INC 51699,00 0.00 0.00 5,699.00 Vendor# Vendor Name Class Pay Code T1809 TARHC Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 2220859 10/22/20 12/30/20 12/30/20 376,00 0.00 0,00 375.00 DUES Vendor Totals Number Name Gross Discount No -Pay Net T1809 TARHC 375,00 0,00 0.00 375,00 Vendor# Vendor Name / Class Pay Code T2204 TEXAS MUTUAL INSURANCE CO ✓ W Invoice# Comment Tran Dt Inv Dt Due Dt Check DPay Gross Discount No -Pay Net 1001394466 V1 12/17/20 12/03/20 12/25/20 10,00 0.00 0,00 10.00 ✓ LATE FEE 1001398094 12/17/20 12104120 12/26120 51722.00 0.00 0.00 51722.00 WORK COMP Vendor Totals Number Name Gross Discount No -Pay Net T2204 TEXAS MUTUAL INSURANCE CO 51732,00 0,00 0,00 61732,00 Vendor# Vendor Name / Class Pay Code T0801 TLC STAFFING ,/ W Invoice# / Comment Tran Dt Inv Dt Due Dt Check D' Pay Gross Discount No -Pay Net 25640 ✓ 12/17/2012/09/201210912�0./ 570,80 0.00 0.00 670,80 1/ STAFFING ( l a-1311�1)W(JKu»'4V 25609 12118/20 12/02/20 12/02/20 666.33 0.00 0,00 666.33 tell STAFFING ( it 11(t l l �i) J yf y0 a]\/ Vendor Totals Number Name - Gross Discount No -Pay Net T0801 TLC STAFFING 1$37.13 0.00 0.00 11337.13 Vendor# Vendor Name Class Pay Code T3130 TRI-ANIM HEALTH SERVICES INC ✓ M Invoice# /Cgmment Tran Dt Inv Ot Due Dt Check D Pay Gross Discount No -Pay Net 63840019 V 12116120 11126/20 12121120 152,19 0,00 0,00 152,19 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay - Net T3130 TRI-ANIM HEALTH SERVICES INC 152,19 0.00 0,00 162.19 Vendor# Vendor Name Class Pay Code U1064 UNIFIRST HOLDINGS INC file:///C:/Users/mmckissack/cpsi/memmed.cpsinet.com/u88150/data_5/tmp_cw5report9.., 12/18/2019 TOLL FEE PHONE NUMBER: 1-800-555-3453 (EFTPS TUTORIAL SYSTEM: 1-800-572-8683) ❑"ENTER 9-13IGITTAXPAYER IDENTIFICATION NUMBER" "ENTER YOUR 4-DIGIT PIN" "MAKE A PAYMENT, PRESS 1" ❑"ENTER THE TAX TYPE NUMBER FOLLOWED BY THE #SIGN" 7"IF FEDERAL TAX DEPOSIT ENTER 1" "ENTER 2-DIGIT TAX FILING YEAR" "ENTER 2-DIGITTAX FILING ENDING MONTH" 1ST QTR - 03 (MARCH) - Jan, Feb, Mar 2ND QTR - 06 (JUNE) - Apr, May, June 3RD QTR - 09 (SEPTEMBER) -July, Aug, Sept 4TH QTR -12 (DECEMBER) - Oct, Nov, Dec "ENTER AMOUNT OF TAX DEPOSIT -FOLLOWED BY #SIGN" "1 TO CONFIRM" "ENTER W/CENTS AMOUNT OF SOCIAL SECURITY" "ENTER W/CENTS AMOUNT OF MEDICARE" "ENTER W/CENTS AMOUNT OF FEDERAL WITHHOLDING" "6-DIGIT SETTLEMENT DATE" "1 TO CONFIRM" ACKNOWLEDGEMENT NUMBER CALLED IN BY: CALLED IN DATE: CALLED IN TIME: C 0 $ 95,631.70 1 $ 50,554.30 $ 12,445.12 $ 32,632928 K:\Finance Shere\AP-Payroll FileslPayroll Tazes\2019\#26 MMC TAX DEPOSIT WORKSHEET 12.19.78 72120l2079 941 REWAX DEPOSIT FOR MMC PAYROLL PAYPERIOD: BEGIN 12l06119 vo PAY PERIOD: END 12/19119 PAY DATE: 12127119 GROSS PAY: $ 466,098,12 DEDUCTIONS: AIR $ 962,73 ADVANC BOOTS SUNLIFE CRITICAL ILLNESS $ 1,622.12 SUNLIFE ACCIDENT $ 913,59 SUNLIFE VISION $ 1,088.46 SUNLIFE SHORT TERM DIS $ 1,413.32 CAFE-5 CAFE-D $ 11637,60 CAFE-H $ 18,630.00 CAFE -I CAFE-L CAFE-P CANCER 0 CHILD $ 346.1s-FI•yD 1'rouSyIYL�Ite.:3`���5 CLINIC $ 366,64 COMBIN $ CREDUN DENTAL DEP-LF SUNLIFE TERM LIFE $ 1,465,93 EAT. $ FED TAX $ 323632,28 FICA-M $ 6,265.06 FICA-0 $ 26,277,15 FIRST C FLEX S S 3,489,62 FLX-FE GIFT S $ 233,92 GRP4N GTL $ 11,609,00 HOSP-1 LEGAL $ 1,494471 OTHER $ 11068,86 NATIONAL FARM LIFE $ 1*975,42 PHI PR FIN $ RELAY REPAY STONEDF $ 11190,86 STONE STONE 2 STUDEN TSA-R $ 31004.59 UWIHOS TOTAL DEDUCTIONS: S 144676,81 $ $ $ * NET PAY: $ 311,421.31 1 $ § § TOTAL CAFE 125 PLAN: $ 29,885,37 Less Exempt: TAXABLE PAY: $ 426,21276 $ 407,696.66 "CALCULATED" Ram MMC Reood DlHerenee FICA-MED (ER) x $ 6,180.08 FICA-MED(EE) x $ 61265,08 $ 61265,06 $ 0,02 FICA-SOC SEC(ER) .xx $ 25,277.19 FICA -BOG SEC(EE) 6.2x $ 25,277.19 $ 25,277.15 $ 0.04 TA%OEPOSIT: 6 95.631,e2 3 95,716.70 FICA -MEDICARE vox $ 12,445.16 $12,445.12 FICA - SOCIAL SECURITY a.mx $ 50,564,38 $50,654.30 PREPARED BY: FED WITHHOLDING $ 32,63228 $32,632.28 PREPARED DATE: TOTAL TAX: $ 95AK82 $96,631.70 $ 0,12 426 MMC TAX OEPO6IT WORKSHEET 12.19.19; TAX DEPOSIT WORKSHEET 72fSOft019 REVISED 31182014 INAL CK fiI TOTALS $ 466,098.12 962.73 1,62212 913.59 1,088AS 413,32 1,fi37'50 18,530.00 348.15 355,64 1,465.93 32,632,28 6,265,06 26,277.15 3,489.52 233.92 11,609.00 1,494.71 1,068,86 1,97b442 1,190.86 31,104159 $ $ 144,676.81 Exempt Amt; Employees over FICAS9 Cap: Jasan Anglin $ 9,444.73 Diane Moore $ 93071,46 Roshanda Thomas Paycode S - Employee Relmb.: Roshanda S, Gray TOTAL: § 18,516.19 Aliosn King 1211912019 12/19/2019 httpa:tAexnetcpa.state,tx.usnXtJ HSC.aspx Texas Comptroller of Public Accounts Health and Human Services Commission Memorial Medical Center Operating County Identification Number: , Location: Transaction Complete Trace #: Payment Total $124,951.19 SettiementDate 01/06/2020 PAYMENT DETAIL ----_... ........... _......... . .... DSRIP Amount $124,951,19 Return to Menu �ogoff fi�1R IMPORTANT: DO NOT USE THE BACK BUTTON ON YOUR BROWSER WHILE USING TEXNET, Revbed:01/09/13 (483) https://taxnet.cpaslete.fx.us/TXN HSC,aspx 1!1 N V L T Ic = ° W C m L m u O m C r ALL�--'. n� Zv Im rnov�o rnN GCD. cr A d w V a m ap0 ap E a m T N x y m 3 m c w v a'c a `m H L^ 0'cm a o 'ma v �acyei a ayw _ m o_ Qam rFE .om w� m a `v oJE �3 .. >Y � 1: p� am o u_—mo� �.o6E 0 waci� L igc f c �C�m mC� o.c Z E° rnp^a _ Ewc �� mN � o� c�a°+•" m �Em N 'C C .c M U OWa H OI ` VI E L Sv^ cF N aT.c QN�m > wrnA m!- aro,} a 9 c awtqa Z-9 +, a+ = mat a c o `�i m (VM a"Ec U) co w E mans '0. U a� o soouE m�0M EE •=�MMi wE �� m >=c �maZa mo `w H om r Qix,. t�AOZi auk 'n � a � f0 0 E � c >1 a Z � m c rn Nod my 3°U a.6Ed ow cz L° cn o T c m.o .m� ° yE EqE am �r ro , cl� N M 02m a cmaLE�: OF ym ? a(nDac>> - °-• �3amm. 0s ofoo )ao f myTEE"0. 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O +•+ N E 3 d o v c U� o y " E y jT M Ea Nm' aCLW W W utmN o ou% =w Zu�az ow Ecv Eay -a o a E E a mw f c �aci =oo FM opE ¢c Et 3 ,fR B ° ma mvm F E o v m a wo � o NH N O N yN P am'� C• C E `n m ru c ° c N N> L� i-a C �.V�fll O E V Qn Zw �e ma >d� m_PG ymc roc roa c£ rowc Qj;5 fo t 12 ap NNO `V 7 'O r co,a am ma a0u€moEo pcEoMy Eav oaVoo oo°vo o>1 CL Ina w oaQ mp >T F-Mo �o•�mz wa 0v0 N a+ W O m Ul o S N O` d '� h 7 �, x.6U.10. a a Q E D ,0z u h a Po N m N o E 16 cap o v t m c 0 n W y u v Y a N v a " > > In m w w E E 0 o co 0 N N % N N m c ro M c �E U No 0 dZz N Om mU_ c m a C R MM m vyM2 m 10 a=ox" v�im�3 IFan:m N APage 1 of 1 � t ",, 1s � � ,`a f1 C 19 2019 ]2/19/20�9 MEMORIAL MEDICAL CENTER 0 G4 tfll6rL 0nIsty i2t4s(ft AP Open Invoice List 08:41 Dates Through: ap_open_invoice.template Vendor# Vendor Name Class Pay Code 11828 SOLERA WEST HOUSTON Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 121719A 12/19/20 12/17/20 01/02/20. 161,00 0.00 0,00 161.00 ✓ TRANSFER Vtky4iny h0KL,I"Sw*PVR- FIOVId 6CK1'fD (V mc, IYl tvw- / 121719 12119120 12117120 01/02/20, 1,316.00 0.0,,00.00 10316.00 ✓ TRANSFER 1�ltiY�dlNyHUlu2.IV19AWIW pVdv,�1 CA4\1 W*L- Ih t-VW, 121819 12119120 12/18/20 01/02120. u, 526.40 L, 0.00 0.00 526.40 TRANSFER NuV�nwy WD AL iMjtMjV_- p�1 Wj- MA-tI1(t, cvwW 121819A 12119/2012/18/2001/02/20. 10757..28 1 0.00 0.00 1,757.28 TRANSFER I✓�kYyllijq YIOjUQ_ IV<slwLW VPj_ '(b KWtL- In LVW� 121919 12/19/20 12/19/20 01/20/20 658.00 11 0.00 0.00 658.00 TRANSFER N%vq Vtt WUL 1 VLSUMKt L- rt 9A,\.l To WV Y/i.t- I VY www Vendor Totals Number Name Gross Discount No -Pay Net 11828 SOLERA WEST HOUSTON 41418,68 0.00 0.00 41418,68 Report Summary Grand Totals: Gross Discount No -Pay Net 4,418.68 0.00 0.00 4.418.68 APPROVED ON DEC 2 0 2019 COUNTY AUDITOR CALUOUN COUNTY,'rEXAS file:///C:/Users/mmcicissack/cpsi/memmed.cpsinet.com/u88150a/data_5/tmp_cwSl•eport... 12/19/2019 J:\N" Vit strips Is elkgpnk DowirrmelW khaa0\2019\Oeeembas\NH OaPagel MMCPOflTIDN Av TravisfAnO Tonl3JQ 41PP/Camp] QIPP/Comps QIPP/Comp3 QIPPI[omp9 QIPPTI Hill PORTION 45,575,08 454575.00 12/16/2019 Deposit N - 10235,00 14235.00 12/16/2019 Deposit 23,263,25 12/16/2014 UHC COMMUNITY P1 HCCLAIMPMT 746003411 91G000 THNF1420191213123002 23,263.25 ),]64.09 12116/2019 UHCCOMMUNHY PL HCCLAIMPMT746003411910000 TAN' t'20191213121010 ]4)64.09 41265 12/16/2019 CIGNA HCCUIMPMT 132643618993UDOD12392024 TRN' 1019121209004682701 - 412.65 12/17/2019 HUMANA CH569 A OGD HCCLAIMPMT 39086D 420000/137 TRN'1*01484010094387 - 151,65 . 12/1]/2019 Amorlist0up TXSC HCCUIMPMT 3114]90681 111000 TAN'1'3114]99681'1'I526 389.69 89.89 I,2S).50 11/17/2019 UNC COMMUNITY PI HCCLAIMPMT 74003411910000 T8N'1.20191214141003 - /3,257.5O 12/18/2019 WIRE OUT ASHFORD HEALTH CARE CENTER ITO ]9,935.33 4/ 12/18/2019 MOLINA HEALTHOR MOUNAACH 0004644442000019 ISA* " '22 - 12,304.53 11,)23.42 591.11 12,013.98 231.17 .16 12/t8/2019 Amerleroup TXSC HCCLAIMPMT 3114931041 111000TRN'1.311493104)'1)526 31,17 12/19/20t9 UHC COMMUNITY PL HCCLAl9920.IMPMT746003411910000 TRN'1'2019121516)004 21017.90 9, 12/19/2019 HEALTH HUMAN SVC HCCLAIMPMT 17460D34113005 2 TAN 1'OSE04957132643 .191920.09 . 20.09 ]9935 3 //1531280 Il ]231i $8111 11.013.98 103,300.91 MMC PORTION "'' Trans/en0ut TranAar.In QIPP/Comp3 QIPP/CoMp 2 QIPP/Comp3 QIPP/CamP4 QIPPTI AN PORTION 6YAN�3a;. l r./�,.n, , .., 41,493.24 12/16/2019 Deposit - 11,499.Id 12/16/2019 UHCCOMMUNITY PLHCCLAltAPMT)46003411910000TRN'1.201912131200D9 - 19,]11.4) 39,]51.43 12/16/2019 UHCCOMMUNITY PL HCCIAIMPM T]46003411910000 TAN 1' 20191213121012 3,418,42 3,428A2 12/17/2019 HUMANAINSCO EFPAYMENT 390861$300005661546 TAN 1'00129004]681)6: - 2,927.82 2,925.0E 12/17/2019 AMRP Suppleo01a �CCLAIMPMT746003411124384 TR21't'14925))095'1362; - / 1,]05,00 1,]05.00 m 12/18/2019 WIRE OUT UNTEX HEALTH CARE CENTERS III aot350,67 ✓ - 12/18/2019 MOLINA RFALTHOR MOLINAACH 003467334200001915A' ' ' ' '22 41424,34 4,216,23 208,16 44320,26 104.08 12/19/2019 UHC COMMUNITY PL HCCIAIMPMT746003411910OGD TAN' 102019L218163000 151.53 - 151.53 12/19/2019 HEALTH HUMAN SVC HCCLAIMPMT 1746OD34113004 2 7101'1.OSE04961166986 14,381.50 144301,50 803506] 8815330 421618 10816 4,310,26 03,933,Gx MMCPORTION 'J"We ..% TranHer.DDt Transfer -In QIPP(CGMPI QIPP/ComP 2 QIPP/Comp3 QIPP/CamP4 QlPp ll NH PORTION 1211412019 Deposit i" 0,543.31 8,543.31 12/16/2019 UNITEDIIEALTNCARE HCCLA1 IMPMT]40003411124384TRN'1'IiR4822]325.14 ,063.48 8,579,69 12116/2019 UHCCOMMUNHYPL HCCLAIMPMT74WD3411910000TRN'1.2019l213120001 1010492 ,5]9,69 12/16/2019 VHCCOMMUNITYPLHCCIAIMPMT)4600341191000DTRN'1'20191213121011 - /14492.01 - ,692.01 12/13/2019 WIRE OUT CANTER HEALTH ORE CENTERS Al 65,071.12 ✓ 12/18/2019 MOLINA HEALTHCAR MOLINAACH 008467064200001915A' ' • ' '22 3,955.51 3,448.1E 5O7.39 3,7O1.83 253.70 12/19/2019 Deposit - 11,480.00 - 11,400.00 12/19/2019 MANAGEANONETI)18 MNSPMNTOO000000000326841024]640 3,60i.50 1,603.50 12/19/2019 HEALTH HUMAN SVC HCCUIMPMT I74600341130082 TRN' 140SE04974166986 - 1,668.00 1,668.00 65 D]561 4938450 34481E 50739 3,)01.02 15,682.69 MMC PORTION FOF L�eend *_ _3 - • x %�„y ,o;p% « vy Tramlor•Oul THr vloO CUPP/Comp3 QIPP/COmP 2 QIPP/ComP3 QIPP/CamP4 QIPPTI NH PORTION Y 32/l8/30 9 WIRE OVi UNTEX HFA TM ORE CENTERS 111 16,573,21 ],4G5.56 7,465.56 12/1612019 Deposit 94912.e4 12/16/2019 Deposit 9,932.04 3,534.05 13,534.05 12/16/2020 UHC COMMUNITY PL HCCUIMPMT74003411 MODOO TAN 1020191213104000 - 1 26. 12/17/2019 UHC COMMUNITY Pt HCCLAIMPMT]46603411910000 TAN 1' 2019121410$000 - 4,583.09 - 4, 12/18/2D19 MOtINAHEALTHORMOIINAACH00846512420000191SA* " '22 i $041,15 4,)88,15 252,99 6,914.65 126.51 16t573,71 40,535 69 41780,15 252,09 44914,65 35,6x1.05 MMC PtWN ORTION % Tromfen0ut Tomfor-ln QIPP/Comp3 QIPP/Come 2 QIPP/Comp3 QIPP/CamP4 QIPPTI NH PORTION Li,128.35 11,126.35 12/16/2019 Deposit 1,260.00 12/16/2019 Deposit 1,360.00 12/16/2019 Amerlipoup tXSCHCCUIMPMT 3114)02440311DODTRN'1'3114)02440011526 - 1,650.65 1,650.65 t4W.00 .]] 12/16/2019 UHCCOMMUNITYPLIICCUIMPMT)46003411910000TRN'1.20191213169003 - 10,281.)] 12 12/I6/2D19 UHCCammunlWPi HCCUIMPMT]460D3411910o00TRN'1'2019121316200]]f - 2,460.00 ,460 12/1612019 UHCCOMMUNIUPLHCCUIMPMT]46003411910000TRN'1.2019/213121D11 - 54942.20 9,761,90 12/16/2019 HEALTH HUMAN SVC HCCLAIMPMT 1]46003411300] 2 THN'1'05E01909149)14 9,761.90 - 9,]61.50 12/17/2019 MANAGEANONET1718 MNS PMNT OODOWOOOOD2482410247609 - 2,047.50 8,829.50 12/1712019 HUMANA INS CO EFPAYMENT 3905620300005658124 TRN' 1 OW1290047658021 8,829.]] 0,829.]] 12/i7/2019 HUMANA CHA OI50 HCCLAIMPMT 19086242000o1135 TRN' 14014840IW93394 - 7,425,91 ),425.91 17/17/2019 UHC COMMUNITY PL HCCUIMPMT746003411910000 TRN'1'20191214157000 1,312.70 1.312.]D - 12/13/2019 WIRE OUT ONTEX HEALTH ORE CENTERS At 139,395.d31/ 12/18/2019 MOLINA HEALTHOR MOIINAACHW846684 4200001915A' ' ' ' 'Zt - 41749.12 4,131AS 611,47 4,443,39 353.00 12/10/2019 UHC COMMUNITY PL HCCUIMPMT74600341191WW TAN'1.20193215114003 353,00 23, 193.50 - 23,192,50 12/19/2019 MANAGEANDNET1738 AIMS PMNT DDOOOOOODOD24824102476SS 11170.00 12/19/2019 MANAGEANDNET1710 MNS PMNT OOOOOODOW02482410241637 1.170000 12/19/2019 UHC COMMUNITY PL HCCLAIMPMT ]4600341191D000 TAN '1' 20191218148010 - 3,097.09 3'51)'W 12(19/2019 Ups:COmmYPiIy PI HCCLAIMPMT]460034319IOW0""""""•"•"""`�'��` e 4 1 A 00 4,510.00 12/19/2019 HEALTH HUMAN SVC HCCLAIMPMT I]46003411300) TOTALS Memorial Medical Center Nursing Room I3PI. Weekly Nexion Transfer Prosperity Accounts 12/20/2019 Yrovluus Account Beglmdng Pending mount to Be Transferred to NunJln r Name Number Balance ansfer-0ut iEranslovin /De oslts coda's Beginning Galante F Nuning Nome N� jrira; raak 7,717,14 7,571.13 111,827.2E II r9as3 / 111,&27.22 an Bk Balance 111.973.53 r/ noucpyJDogna tC21 rs) Ore n nctw: Nealon lltoll/r aE GnlJmr [reek /c/6 largo Bank N.A. Ano: rcot Note; Only halanre+ n/ a:rr $$.U00 rvrll be nano/erretl ro IM1t nursing home. Note 2: 2aca accounr M1or n hale 6alnnee o/$IOO fM1af hlM[ de0o+iced moVerrartvvnc. Vmlan<e l nave in Galante Iw.CO Pending QIPP Ck to MMC MMC Portion QIPP I &E MMC Portion QIPP 344,lapse October Interest 24.04 November interest 22,27 OemnNer Interest M1dlust Galante/3mnslerAmt�� _ i11.BE7.E2 Jason Anglin, CEO 12/10/2019 1:\N1114teNNl rramlara\Nrl UP1. rranaltt SummaryUol9\On<embar\IaN UPL iransler summary it�ao�l9.riva 12/20/2019 Treasury Cantor OD Account Number Current Balance Available Balance Collected Balance Prior Day Balance CENTER - OPERAI INC, iORIAL MEDICAL CENTER - CLINIC SERIES v MEMORIAL MEDICAL WAIVER CLEARING ",06!,ORIAL MEDICAL "EM• CENTER I NI-1 MEMORIAL MEDICAL NVIORIAL MEDICALc;; . ... CENTER I SOLERA Al WEST HOUSTON noMEMORIAL MEDICAt ' nngn t NH GOLDEN MEDICAL l 5111,97aS3 $111,g79.5.9 SN1,g79 �3 S7g2,861,69 N CREEK HEA1.111CARE mosook CO INDIGENT 11 I IEALTHCARE LL -NH GULF POINTE PLAZA - PRIVATE PA`( _ .._ ...._. awgima C -NH GULF POINTE PLAZA - MEDICAREIMEDICAID nuflcatr�.5 m P:ii1c jlanoraletl �)n 1 77.012019 ,it 7 (:ol�ynghl 2011 ('1o'+pally I1nnk. htlpsa/prosperity.olbanklnq.conNonOnoMessenger 1/1 MMC PORTION 6 Nit i`klfP3�10RP. 9.{l51L�'^•'� " ,,,: „,,, "%;''. 9; 7iEllf 9l41 U21LLIg1:IlI QIPP/Compl QIPP/COmPI QIPP/ComPI QIPP/Con,P4 QIPPTI PORTION MMC PORTION N31 T)8MIe1.0111 TI�}lu�Ir QIPP(ComPl 41PP/<omp2 giPP/CainP3 QIPP/CamPi QIPP II PORTION r ; 11/16/POi9 Dopolli s),A9511 51.A95.1) 11/1'1/IOi9 Depoln 7,641.81 1,613.e1 65,118.04 65,116.04 • 65,138.04 65,139,04 MEMORIAL MEDICAL CENTER CHECK REQUEST Memorial Medical Center Operating Date Requested: 12/20/19 API MOVED FOR ACCT. USE ONLY ON Imprest Cash DEC (0 2019 F]A/P Check iron ❑ Mail Check toVendor COUNrY Ate' CALRO'JN COUNTY, TWCO Q Return Check to Dept AMOUNT $12,013.98 G/L NUMBER: 21000012 EXPLANATION: ASHFORD- To transfer funds for Comp 1 &2 - OIPP payment. REQUESTED BY: Sarah L. Henderson AUTHORIZED BY: MEMORIAL MEDICAL CENTER CHECK REQUEST Memorial Medical Center Operating Date Requested: 12/20/19 AMOUNT $3,701.82 FOR ACCT. USE ONLY APPROVED 11Imprest Cash ON F]A/P Check DEC Vo 2019 F] Mail Check to Vendor couNTYnuorroR Return Check to Dept CALHOUN COUNTY, TEXAS GA NUMBER: 21000010 EXPLANATION: CRESCENT- To transfer funds for Gomp 1 &2 - QIPP payment. REQUESTED 8Y: Sarah L, Henderson AUThIORI-LED 6Y: �^ MEMORIAL MEDICAL CENTER CHECK REQUEST P Memorlal Medical Center Operating Date Requested: r_ 12/20/19 Y APP 10p FOR ACCT. USE ONLY ON Imprest Cash E DEC 2 0 2019 ❑A/P Check Mail Check to Vendor E COUNTY AIMy LX!* • ❑Return Check to Dept CALHOUN COxR*n , AMOUNT $4144339 G/LNUMBER: 21000011 EXPLANATION: SOLERA• To transfer funds for Comp 1 &2 • QIPP payment. REQUESTED BY: Sarah L. Henderson AUTHORIZED BY: MEMORIAL MEDICAL CENTER PURCHASEORDER Bill To: 8I5 N. VHLOINIA ST. PORT LAVACA, TX 77979 PHONE: (361) 552-6713 FAX: (361) 552-0312 Vendor Name: Vendor Address: Vendor Phone #: Vendor Fax #: Slup To: 815 N. VI1 INIA ST., PORT LAVACA, TX 77979 PHONE: (361) 552-6113 FAX: (361) 552-0312 to: '�::) T 3f)- �C P.O. # 2aGJ t 0 Account#QfD\ tC1-U%bO J Initiated By: Jla'Dl \�J%001ZL Rnn" tt oant Date Required Expense# Department DeliverTo Line No. Qty. Catalog Number Description Unit Cost Unit Mug, Extended Cost 1 1�" C %3;1faca �6s5-lb C f koafd1 GQAma.k( t�Dt�rral a qQ -Q7, eu 2 Cotenet7r <yF "3.,�j�arr� it'o C�1,tQ✓��. - C\t t>r �1�3.�i�t�'�,o� 3 4 5 6 7 8 9 a Usq es nk�c - 10 Est. Freight Est. Total Cost TOTAL COST fGJuiv�,+' liG�t� �r�, ViCRC3r •-4 Qi9v„\0� ~�,C':C0.� { i�t.9 �5c✓ t7� S�t�Scartw�Q Cou�l2ho coJeok(p')w'S (off Contact: Date: Dept. Director Quoted By: Die Nursing Buyer. E.T.A. Adm.Dir. elini315,eervice Administrator December 23, 2019 2019 APPROVAL LIST - 2019 BUDGET COURTMEETING OF 12/23/19 BALANCE BROUGHT FORWARD FROM APPROVAL LIST REPORT PAGE 23 $516,357.86 CITIBANK A/P $ 21,669.82 GULF COAST TITLE COMPANY CAP PROD -EVENT CENTER A/P $ 1,259,156.91 JOSE CRUZ OLACHIA RODRIGUEZ RB2- CONCRETE A/P $ 31,290.00 TOTAL VENDOR DISBURSEMENTS: $ 1,828,474.59 CALHOUN COUNarl CLOSEOUT 1 FROM, PROSPERITY MONEY TOTAL•, .5,155�509*23 TOTAL AMOUNT FOR APPROVAL: $ 7,472,199.10 ✓ H H y � � n a m y n 0 o $ z y m N O O m�n mww S o R y amb m m r m a nSb �5 �5 ro a a n r $ p 9 w o0 0 N vQAi N b z 0 o , H oag yA mo 80 Sg o m o�o °no g '� "CoC any e� A> Y od °°�l� O "�o�� o w� HOo a� AG]y N� CO aC x-1 oz .CY WV N: z>etrdJ �" !� wp Ll m= a mw fo zw Qw� a cai �cai �n � 74 omz a N 7 �D e � z r e J y O O A < c *m yk(-) nn o � � `"z ego b c a w p o H a H C7 N n O o 0 0 0 m N OOOO G ,., Bpi y G eo w ca YFq n yc d o m m m a z ao ao O ao r z v Fo �d rre � n m N I G S Py8ySp,poNy �., N '�py �yy � 3 O ti(] A P O (1"0 a m 0 A �7 CC vni nO �O no �nNC> O [p�O 'yOy 10 GC7 �a 0�Z z 5+ rooA n� �ro bz aC aou H off H H H 0 00 `J°C7 'o �n;n '• o�N o ny ny n^ n n dh umiG R'O` 'aZ:o tin C1 i'n v y l7 .T. f� :• 7� ao gy n W C _ A p JJ O 8 J {'Pj� tin tAi� O O P O P E O ON NO p N p O O O O S S O O O O O O g O 8 0 0 o a 0 rn a o vv OO� O y 09 00 a rr n z r� OJ N O J o N H C7 A n O C t0' r H � n °z y g 0 N � A °m y D �N �0 °zy H � v .. 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