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2022-09-07 Final PacketCALHOUN COUNTY COMMISSIONERS'COURT 5�II Agenda Items Properly Numbered ✓ Contracts Completed and Signed 1-l"AAII 1295's Flagged for Acceptance 4(number of 1295's ) 4-Ail Documents for Clerk Signature Flagged On this �iday of 2022 a complete and accurate packet for � of 2022 Commissioners Court Regular Session Day Mcpth was delivered from the Calhoun County Judge's office to the Calhoun County Clerk's Office. a4:gZ- Calhoun County Judge/Assistant C OMM IS S I O NE RS C OURTC HE C KLI ST/FORMS AGENDA NOTICE OF MEETING — 9/7/2022 Richard H. Meyer County judge David Hall, Commissioner, Precinct 1 Vern Lyssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4 NOTICE OF MEETING The Commissioners' Court of Calhoun County, Texas will meet on Wednesday, September 9, 2022 at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse at 211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, Texas. AGENDA The subject matter of such meeting is as follows: 'f//Call meeting to order. 2, II vocation. 3. Pledges of Allegiance. AT�101CL .. J O'CLOCK— M �%'rlf, `1�, 4. General Discussion of Public Matters and Public Participation. ci,o s e o . Public Hearing on the Proposed 2023 Calhoun County budget. e�i Consider and take necessary action on an Order to Adopt the 2023 Calhoun County Budget. (RM) Hearing regarding the proposed 2022 tax rate. and take necessary action on an Order to Adopt the 2022 Tax Rates. (RM) Consider and take necessary action to lift or retain the county burn ban. (RHM) K. Consider and take necessary action on closing a portion of Magnolia Beach, Cabanas 4 — 8 including basketball court, for three days (September 9, 10, and 11, 2022) for the Juneteenth Fundraiser beach party as provided by Texas Local Government Code Section 240.902. No alcohol is to be sold. (DEH) ti Consider and take necessary action to approve Kathy Smartt to submit the final application to the GLO for the CMP Grant on infrastructure improvements at Olivia Haterius Park and authorize the County Judge to sign all necessary documents. (JMB) Page 1 of 3 NOTICE OF MEETING — 9/7/2022 C o ^^ Public Hearing regarding a Petition to Vacate part of 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in File No. 103492 of s�Pa�e Calhoun County Official Records. Consider and take necessary action to regarding a Petition to Vacate part of 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in File No. 103492 of the Calhoun County Official Records. (GDR) �5�Q� �F''public Hearing regarding a Petition to Vacate part of 159.66 acres (3.90 acres) situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in Vol a 19, Page 1 of the Calhoun County Official Records. i5.`�onsider and take necessary action on a Petition to Vacate part of 159.66 acres (3.90 acres) situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in Volume 19, Page 1 of the Calhoun County Official Records. (GDR) * Consider and take necessary action to approve the Preliminary Plat of the Garza Subdivision (a replat of 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas). (GDR) 17. Consider and take necessary action to accept a Gift Deed from James Norrell, 797 Wittnebert Road, Seadrift, Texas. Property being 0.30 acres of land, more or less, out of the Basilio Maldonado Survey, abstract 26, Calhoun County, Texas being a part of Tract 1402 of the American Townsite Company Subdivision, recorded in Volume Z, Pages 2 & 3 of the Map & Plat Records of Calhoun County, Texas, and also being a part of that 5.00-acre tract of land described in that Warranty Deed Dated February 26, 2013 from Carol Fuller to James E. Norrell recorded in File No. 133428 of the Calhoun County Official Records. This 0.30-acre tract is described by meets and bounds and depicted on the attached "Exhibit A: attached hereto and incorporated for all purposes. (GDR) t8. Consider and take necessary action to approve the Agreement for Professional Services with Urban Engineering for Calhoun County Hog Bayou Public Boat Ramp Bulkhead in the amount of $34,275 and authorize Commissioner Reese to sign all documents. Payment is to be made from Matagorda Bay Mitigation Trust, Contract No. 024 — Hog Bayou Park Improvements. (GDR) '19. Consider and take necessary action on Interlocal Contract, GLO Contract No. 22-0180- 004-D560, for Bilge Reclamation Services and authorize Commissioner Reese to sign all documentation. (GDR) 20 Consider and take necessary action to authorize the County Clerk and Judge (if required) to sign the INTERLOCAL COOPERATION CONTRACT Department of State Health Services and the Texas HHS System — Data Use Agreement — SECURITY AND PRIVACY INQUIRY(SPI), Contract No. HHSREV100002457 that terminates on August 31, 2024 unless renewed, extended or terminated pursuant to the terms and conditions of the Contract. This contract will enable the County Clerk to issue abstract birth certificates from other counties. (RHM) Page 2 of 3 NOTICE OF MEETING — 9/7/2022 2" 1. Consider and take necessary action to accept the Contract Close -Out documents from Kraftsman LP and approve the payment of the final pay application(s) for the — Infrastructure at Little Chocolate Bayou County Park for Calhoun County, Texas under Texas General Land Office Contract No. 20-065-064-C182 and Calhoun County 2020 CDBG-DR Contract Work Order No. E-1 and authorize the County Judge to sign the construction close out documents and any other necessary forms. (DEH) 22 Accept Monthly Report from the following County Office: 1�Tax Assessor -Collector — July 2022 i13 Consider and take necessary action on any necessary budget adjustments. (RHM) "24. Approval of bills and payroll. (RHM) ichard H. Meyer, County J&&e Calhoun County, Texas A copy of this Notice has been placed on the outside bulletin board of the Calhoun County Courthouse, 211 South Ann Street, Port Lavaca, Texas, which is readily accessible to the general public at all times. This Notice shall remain posted continuously for at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at www.calhouncotx.ore under "Commissioners' Court Agenda" for any official court postings. Page 3 of 3 NOTICE CI' MEETING -- 9/7/2022 Richard rd H. Meyer County judge David Hall, Commissioner, Precinct I Vern Lyssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct Sara Rodriguez, County Attorney Kaddne Smith, Deputy Clerk C�.•\I.II�I�.� ��il�V� 1� ��1.1\II��I�-�I�:I�:;'(��l�l"�I� REGULAR TERM 2022 § SEPTEMBER 7, 2022 BE IT REMEMBERED THAT ON SEPTEMBER 7, 2022, THERE WAS BEGUN AND HOLDEN A REGULAR MEETING OF COMMISSIONERS' COURT. The subject matter of such meeting is as follows: 1. Call meeting to order. Meeting was called to order at 10 a.m. 2. Invocation. Commissioner David Hall 3. Pledges of Allegiance. US Flag- Commissioner Gary Reese Texas Flag- Commissioner Vern Lyssy 4. General Discussion of Public Matters and Public Participation. Judge Meyer invites the public to 9/11 Ceremony at the Courthouse on Friday 9/9/22 at 10:30 a.m. 5. Public Hearing on the Proposed 2023 Calhoun County budget, Regular meeting closed at 10:01 a.m. Judge Meyer read the proclamation. Opened at 10:02 a.m. Page 1 of 6 ' NOTICF OF MF_F._[1NG -- 9/7/2022 6. Consider and take necessary action on an Order to Adopt the 2023 Calhoun County Budget.(RM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: _Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 7. Public Hearing regarding the proposed 2022 tax rate. Regular meeting closed at 10:04 a.m. judge Meyer read the proclamation. Opened at 10.05 a.m. 8. Consider and take necessary action on an Order to Adopt the 2022 Tax Rates. (RM) Debt Service: 0.146per $100 taxable dollar. RESULT: APPROVED [UNANIMOUS] MOVER: Richard Meyer, County Judge SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens,, Reese Maintenance and Operations:.5824 per $100 taxable dollar. RESULT: APPROVED [UNANIMOUS] MOVER: Richard Meyer, County Judge SECONDER:David Hall, Commissioner Pct i AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Total Tax Rate:.5970 per $100 taxable dollar. RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 9. Consider and take necessary action to lift or retain the county burn ban. (RHM) PASS 10. Consider and take necessary action on closing a portion of Magnolia Beach, Cabanas 4 — 8 including basketball court, for three days (September 9, 10, and 11, 2022) for the Juneteenth Fundraiser beach party as provided by Texas Local Government Code Section 240.902. No alcohol is to be sold. (DEH) RESULT: APPROVED [UNANIMOUS] MOVER: David' Hall, Commissioner Pct 1 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 2 of 6 NO ( ICE OF MEETING - 9/7/202Z 11. Consider and take necessary action to approve Kathy Smartt to submit the final application to the GLO for the CMP Grant on infrastructure improvements at Olivia Haterius Park and authorize the County Judge to sign all necessary documents. (JMB) RESULT: APPROVED [UNANIMOUS] MOVER: Joel Behrens, Commissioner Pct 3 SECONDER: ` Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 12. Public Hearing regarding a Petition to Vacate part of 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in File No. 103492 of the Calhoun County Official Records. Regular meeting closed at 10:11 a.m. Henry Danysh explained the Petition to Vacate. Opened at 10:12 a.m. 13. Consider and take necessary action to regarding a Petition to Vacate part of 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in File No. 103492 of the Calhoun County Official Records. (GDR) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 14. Public Hearing regarding a Petition to Vacate part of 159.66 acres (3.90 acres) situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in Volume 19, Page 1 of the Calhoun County Official Records. Regular meeting closed at 10:13 a.m. Henry Danysh explained the Petition to Vacate. Opened at 10:14 a.m. 15. Consider and take necessary action on a Petition to Vacate part of 159.66 acres (3.90 acres) situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in Volume 19, Page 1 of the Calhoun County Official Records. (GDR) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 3 of 6 I NC)TICE OP MEETING .. 9/7/2022 16. Consider and take necessary action to approve the Preliminary Plat of the Garza Subdivision (a replat of 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas). (GDR) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 17. Consider and take necessary action to accept a Gift Deed from James Norrell, 797 Wittnebert Road, Seadrift, Texas. Property being 0.30 acres of land, more or less, out of the Basilio Maldonado Survey, abstract 26, Calhoun County, Texas being a part of Tract 1402 of the American Townsite Company Subdivision, recorded in Volume Z, Pages 2 & 3 of the Map & Plat Records of Calhoun County, Texas, and also being a part of that 5.00-acre tract of land described in that Warranty Deed Dated February 26, 2013 from Carol Fuller to James E. Norrell recorded in File No. 133428 of the Calhoun County Official Records. This 0.30-acre tract is described by meets and bounds and depicted on the attached "Exhibit A: attached hereto and incorporated for all purposes. (GDR) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 18. Consider and take necessary action to approve the Agreement for Professional Services with Urban Engineering for Calhoun County Hog Bayou Public Boat Ramp Bulkhead in the amount of $34,275 and authorize Commissioner Reese to sign all documents. Payment is to be made from Matagorda Bay Mitigation Trust, Contract No. 024 — Hog Bayou Park Improvements. (GDR) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct I AYES: Judge Meyer, CommissionerHall, Lyssy, Behrens, Reese 19. Consider and take necessary action on Interlocal Contract, GLO Contract No. 22-0180- 004-D560, for Bilge Reclamation Services and authorize Commissioner Reese to sign all documentation. (GDR) RESULT, APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese ti Page 4 of 6 NOTICE OF MEETING-9/7/2022 20. Consider and take necessary action to authorize the County Clerk and Judge (if required) to sign the INTERLOCAL COOPERATION CONTRACT Department of State Health Services and the Texas HHS System — Data Use Agreement — SECURITY AND PRIVACY INQUIRY(SPI), Contract No. HHSREV100002457 that terminates on August 31, 2024 unless renewed, extended or terminated pursuant to the terms and conditions of the Contract. This contract will enable the County Clerk to issue abstract birth certificates from other counties. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct2 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 21. Consider and take necessary action to accept the Contract Close -Out documents from Kraftsman LP and approve the payment of the final pay application(s) for the — Infrastructure at Little Chocolate Bayou County Park for Calhoun County, Texas under Texas General Land Office Contract No. 20-065-064-C182 and Calhoun County 2020 CDBG-DR Contract Work Order No. E-1 and authorize the County Judge to sign the construction close out documents and any other necessary forms. (DEH) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct I SECONDER: Gary Reese, Commissioner Pct 4 AYES: ` Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 22. Accept Monthly Report from the following County Office: i. Tax Assessor -Collector — July 2022 RESULT: APPROVED [UNANIMOUS]s MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner' Hall, Lyssy, Behrens, Reese 23. Consider and take necessary action on any necessary budget adjustments. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 5 of 6 I NOTICE OF MEETING - 9/7/2022 24. Approval of bills and payroll. (RHM) MMC RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct I SECONDER: " Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese County Bills RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct i SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Adjourned 10:26 a.m. Page 6 of 6 # 05 NOTICE OF MEETING-9/7/2022 5. Public Hearing on the Proposed 2023 Calhoun County budget. Regular meeting closed at 10:01 a.m. Judge Meyer read the proclamation. Opened at 10:02 a.m. Page 2 of 21 PUBLIC HEARING—9/7/2022 Richard lH . Meyer County judge David Hall, Commissioner, Precinct 1 Vern Lyssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4 The Commissioners' Court of Calhoun County, Texas will meet on Wednesday, September 7, 2022 at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse, 211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, Texas. The Calhoun County Commissioners' Court will hold a Public Hearing on the 2023 Proposed Budget. This notice is in accordance with Section 111.007 and Section 111.0075 of the Texas Local Government code. AchardMeyer, C�udge Calhoun County, Texas Anna Goodman, County Clerk By: 4DepuCl4erk A copy of this Notice has been placed on the outside bulletin board of the Calhoun County Courthouse, 211 South Ann Street, Port Lavaca, Texas, which is readily accessible to the general public at all times. This Notice shall remain posted continuously for at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at ww w.calhouncotx ore under "Commissioners' Court Agenda' for any official court postings. Page 1 of 1 PUBLIC HEARING—9/7/2022 Richard H. Meyer County judge David Hall, Commissioner, Precinct ll Vern Lyssy, Commissioner, Precinct 2 Clyde Synna, Commissioner, Precinct 3 (nary Reese, Commissioner, Precinct 4 NOTICE IS HEREBY GIVEN that the Calhoun County Commissioners' Court will hold a public hearing in the Commissioners' Courtroom, 211 S. Ann Street, in Port Lavaca, Texas, at 10:00 a.m. on September 7, 2022 on the 2023 Proposed Budget. This notice is in accordance with Section 111.007 and Section 111.0075 of the Texas Local Government code. '� Richard Meyer, CouW Judge Calhoun County, Texas Anna Goodman, County Clerk DeputyP III A copy of this Notice has been placed on the outside bulletin board of the Calhoun County Courthouse, 211 South Ann Street, Port Lavaca, Texas, which is readily accessible to the general public at all times. This Notice shall remain posted continuously for at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at www,calhouncotx.org under "Commissioners' Court Agenda" for any official court postings. Page 1 of 1 # 06 NOTICE OF MEETING — 9/7/2022 6. Consider and take necessary action on an Order to Adopt the 2023 Calhoun County Budget. (RM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 3 of 21 Richard H. Meyer County judge David E. Hall, Commissioner, Precinct 1 Vern Lyssy, Commissioner, Precinct 2 Joel M. ]Behrens, Commissioner, Precinct 3 Gary D. Reese, Commissioner, Precinct 4 CA]L]H[Ovla COUNTY COMMISSIONERS' COURT ORDER FOR ADOPTION OF THE 2023 BUDGET CAL H1OUN COUNTY, TEXAS STATE OF TEXAS § COUNTY OF CALHOUN § WHEREAS, on this the 7+1, day of September 2022, the Commissioners' Court of Calhoun County, Texas convened in REGULAR SESSION with the following members present: Richard H. Meyer County Judge David E. Hall Commissioner, Precinct # 1 Vern Lyssy Commissioner, Precinct # 2 Joel M. Behrens Commissioner, Precinct # 3 Gary d. Reese Commissioner, Precinct # 4 AND WHEREAS, the matter brought before the Court was the adoption of the 2023 budget as required by Local Government Code 111.008; AND WHEREAS, after notice, the following motion was offered by and seconded by,! ... "I Move to adopt e 2023 Bget for th' fidCalhoun County as presented." The tax rate for the year 2021 was 0.6101. The calculated tax rates for the year 2022 are: Adopted Rate .5970 No New Revenue Rate .5505 NNR M & O Rate .5256 Voter Approval Rate .5970 Debt Service .0146 The total county debt obligation is $1,075,000. Page 1 of 2 THIS BUDGET WILL RAISE MORE REVENUE FROM PROPERTY TAXES THAN LAST YEAR'S BUDGET BY AN AMOUNT OF $1,843,153 WHICH IS AN 8.24% INCREASE FROM LAST YEAR'S BUDGET. THE PROPERTY TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR IS $492,995. THEREUPON, the vote being taken, the following for the adoption of the budget for Calhoun County for Fiscal and Calendar Year 2023 was as follows: Commissioner David E. Hall, Precinct No. 1 Commissioner Vern Lyssy, Precinct No. 2 Commissioner Joel M. Behrens, Precinct No. 3 Commissioner Gary D. Reese, Precinct No. 4 Calhoun County Judge Richard H. Meyer Signed this the 7tb day of September, 2022. David 11. Hall i Richard H. Meyer, jPeGnty Judge , Precinct 1 Joel lk. Behrens Commissioner, Precinct 3 Attest: Anna Goodman, County Clerk :y: Deputy Clerk Aye Nay Aye Nay Aye Nay Aye Nay Aye Nay Vern Lissy Commissioner, Precinct 2 Gary D.14eese Commissioner, Precinct 4 Page 2 of 2 # 07 NOTICE OF MEETING—9/7/2022 7. Public Hearing regarding the proposed 2022 tax rate. Regular meeting closed at 10:04 a.m. Judge Meyer read the proclamation. Opened at 10:05 a.m. Page 4 of 21 PUBLIC HEARING-9/7/2022 Richard H. Meyer County judge David Hall, Commissioner, Precinct 1 Vern Lyssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4 \'1 1 IToll lull I .. 0141 11 �I�� The Commissioners' Court of Calhoun County, Texas will meet on Wednesday, September 7, 2022 at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse, 211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, Texas. Notice is hereby given that the Calhoun County Commissioners' Court will hold a Public Hearing in the Commissioners' Courtroom, 211 South Ann Street, in Port Lavaca, Texas, at 10:00 am on September 7, 2022 on the 2022 Proposed Tax Rate. Richard H. Meyer, Co Judge Calhoun County, TexAr Anna Goodman, County Clerk By: Deputy Clerk A copy of this Notice has been placed on the outside bulletin board of the Calhoun County Courthouse, 211 South Ann Street, Port Lavaca, Texas, which is readily accessible to the general public at all times. This Notice shall remain posted continuously for at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at ww w.calhouncotx.ora under "Commissioners' Court Agenda" for any official court postings. Page 1 of 1 PUBLIC HEARING — 9/7/2022 Richard H. Meyer County judge David Hall, Commissioner, Precinct 1 Vern Lyssy, Commissioner, Precinct 2 Clyde Syma, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4 NOTICE IS HEREBY GIVEN that the Calhoun County Commissioners' Court will hold a public hearing in the Commissioners' Courtroom, 211 S. Ann Street, in Port Lavaca, Texas, at 10:00 a.m. on September 7, 2022 on the 2022 Proposed Tax Rate. Anna Goodman, County Clerk By: i ��L4NUc IMl Deputy Clerk 4 Richard Meyer, Coun dge Calhoun County, Texas L�LLFILED AT O'CLOCK V✓ M SEP 0 2 2022 �r •r rr �. � r � � �[r A copy of this Notice has been placed on the outside bulletin board of the Calhoun County Courthouse, 211 South Ann Street, Port Lavaca, Texas, which is readily accessible to the general public at all times. This Notice shall remain posted continuously for at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at www.calhouncotx.org under "Commissioners' Court Agenda' for any official court postings. Page 1 of 1 • 1: NOTICE OF MEETING — 9/7/2022 8. Consider and take necessary action on an Order to Adopt the 2022 Tax Rates. (RM) Debt Service: 0.146 per $100 taxable dollar. RESULT: APPROVED [UNANIMOUS] MOVER: Richard Meyer, County Judge SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Maintenance and operations:.5824 per $100 taxable dollar. RESULT: APPROVED [UNANIMOUS] MOVER: Richard Meyer, County Judge SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Total Tax Rate:.5970 per $100 taxable dollar. RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct I AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 5 of 21 CALHOUN COUNTY COMMISSIONERS' COURT ORDER FOR ADOPTION OF 2022 TAX RATES CALHOUN COUNTY, TEXAS STATE OF TEXAS § COUNTY OF CALHOUN § THAT ON THIS THE 7th day of September, 2022, the Commissioners' Court of Calhoun County, Texas met in duly called session at the Commissioners' Courtroom, 211 S. Ann St., Suite 104, Port Lavaca, Texas with the following members present: Richard H. Meyer CountyJudge David E. Hall Commissioner, Precinct #1 Vern L. Lyssy Commissioner, Precinct #2 Joel M. Behrens Commissioner, Precinct #3 Gary D. Reese Commissioner, Precinct #4 And at said meeting, among other business, the Court did consider the following: ORDER ADOPTING A TAX RATE FOR TAX YEAR 2022 WHEREAS, Vernon's Texas Codes Annotated (VTCA) Tax Code 26.05 provides that the Calhoun County Commissioners' Court shall adopt the tax rates for the current year; and WHEREAS, it is necessary to levy ad valorem taxes on each $100 valuation of all taxable property in Calhoun County, Texas for the Tax Year beginning January 1, 2022, which will be due no later than January 31, 2023 at the tax rates set forth herein below; and WHEREAS, the Calhoun County Commissioners' Court has complied with all the requirements set forth in the Tax Code; now THEREFORE, BE IT ORDERED that the Calhoun County Commissioners' Court hereby adopts the following tax rates: Page 1 of 4 DEBT SERVICE: dux— lwn -ry moved for a tax rate of $ 01 6 per $100.00 of taxable value for the purl' ose of Debt Service; and seconded by l.�'• ,fee s-e YES ABSTAIN NO ABSENT Richard H. Meyer County Judge David E. Hall_ Commissioner, Pct. #1 ✓ Vern L. Lyssy ✓ Commissioner, Pct. #2 Joel M. Behrens Commissioner, Pct. #3 Gary D. Reese Commissioner, Pct. #4 MOTION CARRIED: YES: ✓ CS) NO: ft ABSTAINING: ABSENT: JO MAINTENANCE AND OPERATIONS: H moved for a tax rate of $.5824 per $100.00 of taxable value for the purpo of Main enance and Operations; and seconded by 6 h44 1 YES ABSTAIN NO ABSENT Richard H. Meyer County Judge David E. Hall, Commissioner, Pct. #1 ✓ Vern L. Lyssy, Commissioner, Pct. #2 Joel M. Behrens, Commissioner, Pct. #3 / Gary D. Reese, (/ Commissioner, Pct. #4 Page 2 of 4 MOTION CARRIED: YES: ($ NO: 16 ABSTAINING: 05 ABSENT: TOTAL TAX RATE: I, move that the property tax rate be increased by the adoption of a tax rate of $. 970 Which is effectively an 8.45% increase in the tax rate; seconded by YES ABSTAIN NO ABSENT Richard H. Meyery County Judge David E. Hall Commissioner, Pct. #1 Vern L. Lyssy Commissioner, Pct. #2 Joel M. Behrens Commissioner, Pct. #3 Gary D. Reese Commissioner, Pct. #4 v MOTION CARRIED: YES: ✓ (5) NO: `d ABSTAINING: 40 ABSENT: 0 THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S RATE AND; THE TAX RATE WILL EFFECTIVELY BE RAISED BY 8.68% AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $46.50. THE TAX RATE WILL EFFECTIVELY BE RAISED BY ZERO (1PERCENT AND WILL RAISE TAXES FOR DEBT SERVICE ON A $100,000 HOME BY APPROXIMATELY $0.00. BE IT FURTHER ORDERED that the Calhoun County Commissioners' Court levy taxes in accordance with the foregoing tax rates and the provision of the law. AND BE IT FURTHER ORDERED that if for any reason, the action of the Calhoun County Commissioners' Court setting tax rates or levying taxes should be held ineffective by a court of competent jurisdiction, that this Order shall serve as evidence of the good faith of Calhoun County in attempting to comply with the law in as substantial a fashion as could be done under Page 3 of 4 the circumstances, and as evidence that Calhoun County would have lawfully adopted a tax rate but for the conditions completely beyond control of Calhoun County. County Judge Richard H. Meyer was authorized to sign ORDER and ACT and DEED of the Calhoun County Commissioners' Court, this the 7th dZ;; 22. ichard H. Meyer, C6tifity Judge Page 4 of 4 alz NOTICE OF MEETING — 9/7/2022 9. Consider and take necessary action to lift or retain the county burn ban. (RHM) PASS Page 6 of 21 # io NOTICE OF MEETING — 9/7/2022 10. Consider and take necessary action on closing a portion of Magnolia Beach, Cabanas 4 — 8 including basketball court, for three days (September 9, 10, and 11, 2022) for the Juneteenth Fundraiser beach party as provided by Texas Local Government Code Section 240.902. No alcohol is to be sold. (DEH) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 7 of 21 David E. Hall Calhoun County Commissioner, Precinct #1 202 S. Ann Port Lavaca, TX 77979 Honorable Richard Meyer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Meyer, (361)552-9242 Fax (361)553-8734 Please place the following item on the Commissioners' Court Agenda for September 7th, 2022. Consider and take necessary action on closing a portion of Magnolia Beach, Cabanas 4-8 including basketball court, for three days (September 9,10,11 2022) for Juneteenth Fundraiser beach party as provided by Texas Local Government Code Section 240.902. No alcohol to be sold. Sqerel , David E. Hall DEH/apt 1 Y i bt Ir ! at F f hl I p i l I � I ro All (LJi v t t l 1 ! f ✓ �g 4L ' rf T 6 h ofd 11 u1q , F Ilu y f ,t u f s v I z l l:. r � p � E l �;i ! r , �i ; F uyy,.;1 I✓ 41 )o �x O p a S t t $ t J i r ,t4q t'N 1 f3G r� f 1 At 4l1. #11 NOTICE OF MEETING — 9/7/2022 11. Consider and take necessary action to approve Kathy Smartt to submit the final application to the GLO for the CMP Grant on infrastructure improvements at Olivia Haterius Park and authorize the County Judge to sign all necessary documents. (JMB) RESULT: APPROVED [UNANIMOUS] MOVER: Joel Behrens, Commissioner Pct 3 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 8 of 21 Joel Behrens Calhoun County Commissioner, Precinct 3 24627 State Hwy. 172-0livia, Port Lavaca, Texas 77979 — Office (361) 893-5346 -- Fax (361) 893-5309 Email: ioel.behrem(4),calhotmcotx.or4 9 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 September 7, 2022. • Please Consider and Take Necessary Action on approval for Kathy Smartt to submit the final application to the GLO for the CMP Grant on infrastructure improvements at Olivia Haterius Park and to authorize Judge Meyer to sign all necessary documents. Sincerely, Joel Behrens Commissioner Pct. 3 # 12 NOTICE OF MEETING — 9/7/2022 12. Public Hearing regarding a Petition to Vacate part of 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in File No. 103492 of the Calhoun County Official Records. Regular meeting closed at 10:11 a.m. Henry Danysh explained the Petition to Vacate. Opened at 10:12 a.m. Page 9 of 21 Richard H. Meyer County fudge David Hall, Commissioner, Precinct 1 Vern Lyssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4 NOTICE OF PUBLIC HEARING The Commissioners' Court of Calhoun County, Texas will meet on Wednesday, September 7 P a 2022 at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse, 211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, Texas. NOTICE IS HEREBY GIVEN that the Calhoun County Commissioners' Court will hold a Public Hearing in the Commissioners' Courtroom, 211 S. Ann Street, Suite 104, in Port Lavaca, Texas, on September 7, 2022 at 10:00 a.m. regarding a Petition to Vacate part of 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in File No. 103492 of the Calhoun County Official Records. The public shall have the right to be present and participate in such hearing. k Jhard H. Meyer, Coun udge Calhoun County, Texas A copy of this Notice has been placed on the outside bulletin board of the Calhoun County Courthouse, 211 South Ann Street, Port Lavaca, Texas, which is readily accessible to the general public at all times. This Notice shall remain posted continuously for at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at www.caI houncotx ore under "Commissioners' Court Agenda" for any official court postings. AT : 1� FILED CK w r 1 SEP 1 2022 Page 1 of 1 Gary D. Reese County Commissioner County of Calhoun Precinct 4 August 31, 2022 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 September 7, 2022. • Public hearing on Petition to Vacate 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in File No. 103492 of the Calhoun County Official Records. rely, S�e IX) Gary D. Reese GDR/at P.O. Box 177 - Seadrift. Texas 77983 - email: eammesefekalhooncotx.ore - (361) 785-3141 - Fax (361) 785-5602 PETITION TO VACATE 3 ACRES SITUATED IN THE MANUEL LOPEZ SURVEY, ABSTRACT NO. 25, CALHOUN COUNTY, TEXAS AS RECORDED IN FILE NO. 103492 OF THE CALHOUN COUNTY OFFICIAL RECORDS. STATE OF TEXAS COUNTY OF CALHOUN KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being the designated agent of the owner of the property described as 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in File No. 103492 of the Calhoun County Official Records, do hereby petition the Calhoun County Commissioners Court to vacate said 3 acres in accordance with Sections 206 and 207 of the Subdivision Regulations and Recreational Vehicle Park Regulations Adopted by Calhoun County Commissioners Court on November 29, 2004 and Amended on December 13, 2007. Property owners: Angel Luis Garza, Sr. and Frances Garza Located 196 Garza Road, Port Lavaca, Texas The property is proposed to be replatted in accordance with a plat submitted to the Calhoun County Commissioners Court. The petition will be considered by the Calhoun County Commissioners Court on September 7, 2022 at 10:00 a.m. Agent: Henry6, Danysh, R.P.C.S. 5088 G & ngineers, Inc. TBPLS Firm No. 10022100 205 W. Live Oak Port Lavaca, TX 77979 (361)552-4509 ALM t 0 202z COUNTY CLEF #13 NOTICE OF MEETING — 9/7/2022 13. Consider and take necessary action to regarding a Petition to Vacate part of 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in File No. 103492 of the Calhoun County Official Records. (GDR) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 10 of 21 Gary D. Reese County Commissioner County of Calhoun Precinct 4 August 31, 2022 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 September T, 2022. • Consider and take necessary action to Vacate 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in File No. 103492 of the Calhoun County Official Records. Sincerely, Gary D. Reese GDR/at P.O. Box 177 — Seadrift. Texas 77983 — email: earv.recse a calhouncotx.ore — (361) 785-3141 - Fax (361) 785-5602 #14 NOTICE OF MEETING-9/7/2022 14. Public Hearing regarding a Petition to Vacate part of 159.66 acres (3.90 acres) situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in Volume 19, Page 1 of the Calhoun County Official Records. Regular meeting closed at 10:13 a.m. Henry Danysh explained the Petition to Vacate. Opened at 10:14 a.m. Page 11 of 21 I Richard H. Meyer County judge David Hall, Commissioner, Precinct 1 Vern Lyssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4 NOTICE OF PUBLIC HEARING The Commissioners' Court of Calhoun County, Texas will meet on Wednesday, September 7, 2022 at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse, 211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, Texas. NOTICE IS HEREBY GIVEN that the Calhoun County Commissioners' Court will hold a Public Hearing in the Commissioners' Courtroom, 211 S. Ann Street, Suite 104, in Port Lavaca, Texas, on September 7, 2022 at 10:00 a.m. regarding a Petition to Vacate part of 159.66 acres (3.90 acres) acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in Volume 19, Page 1 of the Calhoun County Official Records. The public shall have the right to be present and participate in such hearing. t 1 Richard H. Meyer, Count&dge Calhoun County, Texas A copy of this Notice has been placed on the outside bulletin board of the Calhoun County Courthouse, 211 South Ann Street, Port Lavaca, Texas, which is readily accessible to the general public at all times. This Notice shall remain posted continuously for at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at www.calhouncotx.ore, under "Commissioners' Court Agenda" for any official court postings. r1 2 2022 1t� '►�T Xp�?.� ITS ir Page 1 of 1 Gary D. Reese County Commissioner County of Calhoun Precinct 4 August 31, 2022 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 September 7, 2022. • Public hearing on Petition to Vacate part of 159.66 acres (3.90 acres) situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in Volume 19, Page I of the Calhoun County Official Records. Sincerely, n")l �V\ Gary D. Reese GDR/at P.O. Box 177 — Seadrift. Texas 77983 — email: earv.reese(rlcalhouacotx.ore — (361) 785-3141 — Fax (361) 785-5602 PETITION TO VACATE PART OF 159.66 (3 ACRES) SITUATED IN THE MANUEL LOPEZ SURVEY, ABSTRACT NO. 25, CALHOUN COUNTY, TEXAS AS RECORDED IN VOLUME 19, PAGE 1 OF THE CALHOUN COUNTY OFFICIAL RECORDS. STATE OF TEXAS COUNTY OF CALHOUN KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being the designated agent of the owner of the property described as part of 159.66 acres (3 acres) situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in Volume 19, Page 1 of the Calhoun County Official Records, do hereby petition the Calhoun County Commissioners Court to vacate said 3 acres in accordance with Sections 206 and 207 of the Subdivision Regulations and Recreational Vehicle Park Regulations Adopted by Calhoun County Commissioners Court on November 29, 2004 and Amended on December 13, 2007. Property owners: Cynthia Tanner Quinn Located on Boyd Road, Port Lavaca, Texas The property is proposed to be replatted in accordance with a plat submitted to the Calhoun County Commissioners Court. The petition will be considered by the Calhoun County Commissioners Court on September 7, 2022 at 10:00 a.m. [P©9B r(L:mC� AUG 1. 0 2.022 CAUIOUN COUNTY CLERK ----i Agent: henry W uanysn, K.F.L.S. G & W ngineers, Inc. TBPLS Firm No. 10022100 205 W. Live Oak Port Lavaca, TX 77979 (361) 552-4509 #15 NOTICE OF MEETING — 9/7/2022 15. Consider and take necessary action on a Petition to Vacate part of 159.66 acres (3.90 acres) situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in Volume 19, Page 1 of the Calhoun County Official Records. (GDR) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 12 of 21 Gary D. Reese County Commissioner County of Calhoun Precinct 4 August 31, 2022 Honorable Richard Meyer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 I:tXi:[eiD14"D : WN5 MU Dear Judge Meyer: Please place the following item on the Commissioners' Court Agenda for September 7, 2022. • Consider and take necessary action to Vacate part of 159.66 acres (3.90 acres) situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas as recorded in Volume 19, Page 1 of the Calhoun County Official Records. Sincerely, Gary D. Reese GDR/at P.O. Box 177 — Seadrift. Texas 77983 — email: earv.reese.�r calhouncmx.ora — (361) 785-3141 — Fax (361) 785-5602 #16 NOTICE OF MEETING — 9/7/2022 16. Consider and take necessary action to approve the Preliminary Plat of the Garza Subdivision (a replat of 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas). (GDR) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 13 of 21 Gary D. Reese County Commissioner County of Calhoun Precinct 4 August 31, 2022 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 September 7, 2022. • Consider and take necessary action to Approve the Preliminary plat of the Garza Subdivision (a replat of 3 acres situated in the Manuel Lopez Survey, Abstract No. 25, Calhoun County, Texas). Sincerely, r\ I(� R"� Gary D. Reese GDR/at P.O. Box 177 — Seadrift. Texas 77983 —email: earv.reese rr calhouncotx orrg — (361) 785-3141 —Fax (361) 785-5602 248.56' r_______________________________ ro'umo w- ________� �m ego u B y m� ng'W ope N� iO F L -NS2'O----- �-d-md� tea- -2d&-- J F g 0 3'-9ELNC utY y^i di 9 N D 1 u, g0 0 sy D> N N N52'36'00"E 342.68' , 0 r_____________________________________,i ___ w N; gj No u; u E y o r L m l 1N3W34tl3 45300tl 30R1 .0c'Rog ,EL'L>E n ,t0'469 M„B l,9t.Z95 �a s Z a N n N $ ��a d Rgg r R gg E LS�Lyp�p� ��R$ Ciyf :}h � 0 p P d R d B5 P pd 9 'yp� AA p F� d yy O P ii d i4 ;4€ d� C gByS C F R94 d �9 aCO Fu Ad .T, MLTF3 N 6 Ytl N 6 d R 9 y •CO BBC GCi 999 S% nlj 9ppqppq yrm� R!a 4 o€ 0.A, iiy S 9c P n'yQtl9999 d O pp d d R d ^9 RyyI MS w �R Rm d apF appda% d�p N�z3 d DZ mF., ti C 7 ®®® €€€€€€ AA >n � yny yoy p 3 R 9 d'd y� ddg �gd rCN 00 o d �d z O 8 0 Ar yy mo �1 e m ��� � �� �� �� �„ g� az Epp � �Id• a� � p al A A a A a �i B O yd.y� gf!Zr Ai :e ai•�: i :oR - - , G & W ENGINEERS, INC. F{ $ o F • ENGINEERING • SURVEYING R PANNING N y O o p 209 W. UME OAR STREET. PORT LAVACA, TEXAS AB]9 u rn m 17f G 8 0 ; iBPF15 FlRM NO.: IW1t100 m PRELIMINARY PLAT .'" ` c3en sSB-R509: PORT LAVACA (979) 090-9100: BAY GTY s # 17 NOTICE OF MEETING-9/7/2022 17. Consider and take necessary action to accept a Gift Deed from James Norrell, 797 Wittnebert Road, Seadrift, Texas. Property being 0.30 acres of land, more or less, out of the Basilio Maldonado Survey, abstract 26, Calhoun County, Texas being a part of Tract 1402 of the American Townsite Company Subdivision, recorded in Volume Z, Pages 2 & 3 of the Map & Plat Records of Calhoun County, Texas, and also being a part of that 5.00-acre tract of land described in that Warranty Deed Dated February 26, 2013 from Carol Fuller to James E. Norrell recorded in File No. 133428 of the Calhoun County Official Records. This 0.30-acre tract is described by meets and bounds and depicted on the attached "Exhibit A: attached hereto and incorporated for all purposes. (GDR) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 14 of 21 Gary D. Reese County Commissioner County of Calhoun Precinct 4 August 30, 2022 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 September 7, 2022. Consider and take necessary action to accept Gift Deed from James Norrell, 797 Wittnebert Road, Seadrift, Texas. Property being 0.30 acres of land, more or less, out of the Basilio Maldonado Survey, Abstract 26, Calhoun County, Texas, being a part of Tract 1402 of the American Townsite Company Subdivision, recorded in Volume Z, Pages 2 & 3 of the Map & Plat Records of Calhoun County, Texas, and also being a part of that 6.00 acre tract of land described in that Warranty Deed dated February 26, 2013 from Carol Fuller to James E. Norrell recorded in File No. 133428 of the Calhoun County Official Records. This 0.30 acre tract is described by meets and bounds and depicted on the attached "Exhibit A" attached hereto and incorporated for all purposes. Sincerely, r\IQJ�?� Gary D. Reese GDR/at P.O. Box 177 — Seadrift. Texas 77983 — email: eary reese a calhouncoix.ore — (361) 785-3141 — Fax (361) 785-5602 Gift Deed Date: August M ' 2022 Grantor: James E. Norrell 797 Wittnebert Rd. Seadrift, TX 77983 Grantee: Calhoun County, a unit of Texas government Grantee's Mailing Address: Calhoun County c/o Commissioner Gary Reese P.O. Box 177 Seadrift, Texas 77983 Consideration: Grantor's intention is to make a gift as a charitable contribution under applicable tax laws and regulations. Property (including any improvements): Being 0.30 acres of land, more or less, out of the Basilio Maldonado Survey, Abstract 26, Calhoun County, Texas, being a part of Tract 1402 of the American Townsite Company Subdivision, recorded in Volume Z, Pages 2 & 3 of the Map & Plat Records of Calhoun County, Texas, and also being a part of that 5.00 acre tract of land described in that Warranty Deed dated February 26, 2013 from Carol Fuller to James E. Norrell recorded in File No. 133428 of the Calhoun County Official Records. This 0.30 acre tract is described by meets and bounds as depicted on the attached "Exhibit All attached hereto and incorporated for all purposes. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: Validly existing easements, rights -of -way, and prescriptive rights, whether of record or not, all presently recorded and validly existing restrictions, covenants, conditions, oil and gas leases, mineral interest, and water interest outstanding in persons other than Grantor(s), and other instruments of record. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor bind Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. GRANTEE IS TAKING THE PROPERTY IN AN ARMS -LENGTH AGREEMENT BETWEEN THE PARTIES. THE CONSIDERATION WAS BARGAINED ON THE BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS OR EXPRESS OR IMPLIED WARRANTIES. GRANTEE HAS NOT RELIED ON ANY INFORMATION OTHER THAN GRANTEE'S INSPECTION. GRANTEE RELEASES GRANTOR FROM LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY, INCLUDING LIABILITY (1) UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT, AND THE TEXAS WATER CODE; OR (2) ARISING AS THE RESULT OF THEORIES OF PRODUCT LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO EXISTING LAWS ENACTED AFTER THE EFFECTIVE DATE OF THE PURCHASE CONTRACT THAT WOULD OTHERWISE IMPOSE ON GRANTORS IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. When the context requires, singular nouns and pronouns include the plural. mes E. Norrell STATE OF TEXAS § COUNTY OF CALHOUN § This instrument was acknowledged before m�yon % 2022, by James E. Norrell. / / N Notarjr Public, State of Texas My commission expires: i APRIL TOWNSEND pas,...., 4 =a���%Notary Public, State of Texas .,�� ,..,,Ffi Comm. Expires 05.16.2026 �'�4,°,l% Notary ID 126901398 PREPARED IN THE OFFICE OF: Sara M. Rodriguez Assistant District Attorney P.O. Box 1001 Port Lavaca, Texas 77979 Tel: (361) 553-4422 Fax: (361) 553-4421 AFTER RECORDING RETURN TO: Calhoun County c/o Commissioner Gary Reese P.O. Box 177 Seadrift, Texas 77983 PROPERTY DESCRIPTION 0.30 ACRE STATE OF TEXAS } COUNTY OF CALHOUN } All of that certain tract or parcel containing 0.30 acre situated in the Basibio Maldonado Survey, Abstract No. 26 of Calhoun County, Texas and being a part of Tract 1402 of the American Townsile Company Subdivision recorded In Volume Z. Pages 2 and 3 of the Calhoun County Plat Records and also being a part of the same property described as 5.00 acres in Warranty Deed dated February 26, 2013 from Carol Fuller to James E Norrell recorded In File No. 133428 of the Calhoun County Official Records. This 0.30 acre is more particularly described by metes and bounds as follows: BEGINNING at the intersection of the center of Carebalat Road with the center of Wittnebert Road and the center of a 40 foot wide platted road and at the common comers of Tract 1606, Tract 1507. Tract 1401 and Tract 1402 and at the East corner of the above referenced 5.00 acre tract for the East comer of this 0.30 acre being described: THENCE South 61' 35' 51' West, with the center of the said 40 fool wide platted road and the common line of Tract 1401 and Tract 1402 and the Southeast line of the said 5.00 acre tract, passing an existing 518 inch iron rod located on line at a distance of 20.00 feet and continuing for a total distance of 660 00 feet [plat call = 660 feet] to an existing 518 inch iron rod located at the common corners of Tract 1401, Tract 1402, Tract 1353, and Tract 1354 and at the South corner of the said 5 00 acre tract for the South comer of this 0.30 acre being described; THENCE North 280 24' 09' West, crossing a part of the said 40 foot wide platted road with the common line of Tract 1402 and Tract 1363 and the Southwest line of the said 6.00 acre tract, a distance of 20.00 feet to the Northwest line of the said 40 foot wide platted road for the West comer of this 0.30 acre being described; THENCE North 610 36 51° East, crossing Tract 1402 and the said 5.00 acre tract with the Northwest line of the said 40 foot wide platted road, a distance of 660.00 feet to the Southwest line of the said 5.00 acre tract and the common line of Tract 1402 and Tract 1506 and the center of W+ttnebert Road for the North comer of this 0 30 acre being described; THENCE South 280 24' 09' East, crossing a part of the said 40 foot wide platted road with the center of Wrttnebert Road and the common line of Tract 1402 and Tract 1506 and the Northeast line of the said 5.00 acre tract, a distance of 20.00 feet to the PLACE OF BEGINNING, containing within these metes and bounds 0.30 acre. The bearings recited herein are Texas State Plane South Central Zone NAD '83 Grid. This property description and a plat were prepared from a survey made on the ground under mydirectionon June 9, 2022. G tEOF, 10 1P e�s:eq �P a# W NGINEE INC. TBPL8 Finn No. 10022100 rEiixv...a sH �9 Henry A. Danysh '.j�`o�,coQ Registered Professional �GsuP Land Surveyor, No. 5088 e sasou Po rV6161f A i TRACT 1506 TRACT 1507 1/lw V� 52 2 .009'E -- p 9 20.00' dF WITTNEBERT ROAD a Ale ROAD"' x D 18 II 1 1 0I N xm cane bl co A.ne. [ xA+m 1OI ER I "3 MAh IlMM CCQN. TRACT I TRACT F `3 1402 1401 W� CD 9n o to 21 1 1 I i I -- -- - _ N28'24'09'W T20.00' RACT 1353 TRACT 1354 I n ern DATA ACCDRONG TO ME APPINNIMAIE S E 0P M NAIIDYAL ILOW NAIRARCE PATE MAP. CONYVI TY PANEL NO A96DTD 0D10 L REMSm OCIDDER f9. 0.30 ACRE SURVEY " 1"° PROPERTY d LOCATED, IN ma A. BEING A PART OF TRACT 1402 OF THE LEGEND AMERICAN TOWNSITE CO. SUBDIVISION 0 MOND 0/0' OION ROD VOLUME Z. PAGES 2 & 3 OF THE RQe PUNT OfEIZOIMIC°O"""°"°' CALHOUN COUNTY PLAT RECORDS (i P r`RD`�E"m BASIBIO MALDONADO SURVEY N[NRY A DANYy, RC09R RL0 PROR590NAL AND ABSTRACT NO. 26 �w '�hO CRY CW^fON PR ME PLAT SHOWNNEREDN AND A PROPERTYMAT CEA'FY PREPARED T M NN OT MC REW.- UP A i4RWEY MADE ON ME GROUND UNDER MY CALHOUN COUNTY, TEXAS 0REC ON E2. 2022 ,SOFr, G & W ENGINEERS, INC. %RED o. NA "MENRYAD1W15H .._ • ENGINEERING.. • SUR NO • PLANNING • 1 6066 205 W. LIVE OAK STREET PORT LAVACA, TEXAS 77979 G TOPELS FlRN NO.: 10022100 SURD a , ° (361) 552-4509: PORT LAVACA 979) 323-7100: 'Ay OITV WN DR REOoub 9Y: DA R.A.D M.A.D. .NNE 9 2022 1' = 100' 9045-015 9045-015 # is NOTICE OF MEETING — 9/7/2022 18. Consider and take necessary action to approve the Agreement for Professional Services with Urban Engineering for Calhoun County Hog Bayou Public Boat Ramp Bulkhead in the amount of $34,275 and authorize Commissioner Reese to sign all documents. Payment is to be made from Matagorda Bay Mitigation Trust, Contract No. 024 — Hog Bayou Park Improvements. (GDR) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 15 of 21 Gary D. Reese County Commissioner County of Calhoun Precinct 4 August 31, 2022 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 September 7, 2022. • Consider and take necessary action to approve Agreement for Professional Services with Urban Engineering for Calhoun County Hog Bayou Public Boat Ramp Bulkhead in the amount of $34,275 and authorize Commissioner Reese to sign all documents. Payment to be made from Matagorda Bay Mitigation Trust, Contract No. 024 - Hog Bayou Park Improvements. Sincerely, r'� � n i)Gary D. Reese GDR/at P.O. Box 177 - Seadrift, Texas 77983 - email: Rary.reese a calhouncomore - (361) 785-3141 - Fax (361) 785-5602 e n g i n e e r i n g AGREEMENT FOR PROFESSIONAL SERVICES Date: August 31, 2022 Professional Firm: Urban Engineering TREF# F-160 2004 N. Commerce St. Victoria, Texas 77901-6610 Tel No. (361) 578-9836 Project Name/Location: Hog Bayou Public Boat Ramp Bulkhead State Highway 35 Calhoun County, Texas Scopellntent and Extent of Services: I. Surveying Services A. Topographic Survey Project No.: E25466.00 Client: Calhoun County Attn: Mr. Gary Reese Calhoun County Commissioner Precinct #4 P.O. Box 177 Seadrift, TX 77983 1. Perform a topographical survey of the project area. II. Engineering Services A. Construction Plans 1. Prepare construction plans and specifications for the installation of approximately 250 linear feet of vinyl bulkhead with concrete and/or timber caps to complement the existing public boat ramp. B. Contract Administration 1. Prepare contract & bidding documents, oversee the bidding process and perform contract administration. III. Geotechnicai Investigation Services A. Testing 1. Perform preliminary testing services of the project area and provide recommendations. Special Conditions: 1. Surveying Services will be performed by Urban Engineering through a subcontract with Urban Surveying, Inc. 2. Geotechnical Investigation Services will be performed by Urban Engineering through a subcontract with T.S.I. Laboratories, Inc. Page t of 3 (Continued) TERMS AND CONDITIONS Urban Engineering shall perform the services outlined in this agreement for the stated fee arrangement Access To Site: Unless otherwise stated, Urban Engineering will have access to the site for activities necessary for the performance of the services. Indemnification: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless Urban Engineering, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of Urban Engineering, . Dispute Resolution: Any claims or disputes made during design, construction or post -construction between the Client and Urban Engineering shall be submitted to non -binding mediation. The Client and Urban Engineering agree to include a similar mediation agreementwith all contractors, subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. Certificate of Merit: The Client shall make no claim for professional negligence, either directly or in a third -party claim, against Urban Engineering unless the Client has first provided Urban Engineering with a written certification executed by an independent design professional currently practicing in the same discipline as Urban Engineering and licensed in the State of Texas. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to Urban Engineering not less than thirty (30) calendar days prior to the presentation of any claim or the Institution of any arbitration orjudicial proceeding. Certifications, Guarantees and Warranties: Urban Engineering shall not be required to execute any document that would result in their certifying, guaranteeing or warranting the existence of conditions whose existence Urban Engineering cannot ascertain by a visual site inspection. Limitation of Liability. In recognition of the relative risks, rewards and benefits of the projectto both the Clientand Urban Engineering, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, Urban Engineering's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the professional service fee in this agreement. Such causes include, but are not limited to, Urban Engineering's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Termination of Services: This agreement may be terminated by the Client or Urban Engineering should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay Urban Engineering for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. Ownership of Documents. All documents produced by Urban Engineering underthis agreementshall remain the property of Urban Engineering and may not be used by the Client for any other endeavor without the written consent of Urban Engineering. Page 3 of 3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 21 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2022-928906 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Victoria Engineering, Inc. dba Urban Engineering Victoria, TX United States Date Filed: 08/31/2022 2 Name of governmental entity or state agency that is a party tot 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 state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. UE Job #25466.00 Engineering Services for Calhoun County Hog Bayou Public Boat Ramp Bulkhead 4 Name of Interested Party City, State, Country (place of business) Nature of interest (cheek applicable) Controlling I Intermediary Bridges, Ray Victoria, TX United States X Schmidt, Thomas Victoria, TX United States X Urban, Larry Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION M name is Matt A. Glaze Y ,and my date of birth is My address is USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Victoria Texas 31st August 22 Executed in County, State of , on the _day of , 20_ (month) (year) G Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc Fee Arrangement: Surveying Services Engineering Services Geotechnical Investigation Services Total $ 3,300.00 (fixed fee) $25,000.00 (fixed fee) 5.975.0 (fixed fee) Reimbursable fees, which include Governmental review fees, prints and postage, will be billed at actual cost +10%. Billings/Payments: Invoices for Urban Engineering's services shall be submitted, at Urban Engineering's option, either upon completion of such services or on a monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days, Urban Engineering may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service. Late Payments: Accounts unpaid 30 days after the invoice date will be subject to a monthly service charge of 1.5% on the then unpaid balance. Changes or Modifications: Any changes or modifications to this Agreement must be in writing and approved by both Urban Engineering and the Client. Urban Engineering TREF# F-1 (Signa ur Matt A. Glaze/Senior Engineer (Printed Name/Title) /3�-Z Z- (Date) Calhoun County n S�� n )-Q� (Signature) Gary Reese/Calhoun County Commissioner Pet #4 (Printed Name/Title) o a - 0-1 • ?-oz'Z (Date) Page 2 of 3 #19 NOTICE OF MEETING — 9/7/2022 19. Consider and take necessary action on Interlocal Contract, GLO Contract No. 22-0180- 004-D560, for Bilge Reclamation Services and authorize Commissioner Reese to sign all documentation. (GDR) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 16 of 21 Gary D. Reese County Commissioner County of Calhoun Precinct 4 September 1, 2022 Honorable Richard Meyer Calhoun County judge 211 S. Ann Port Lavaca, TX 77979 Dear judge Meyer: Please place the following item on the Commissioners' Court Agenda for September T, 2022. • Discuss and take necessary action on Interlocal Contract, GLO Contract No. 22-0180- 004-DS60, for Bilge Reclamation Services and authorize Commissioner Reese to sign all documentation. Sincerely, o Gary Deese \ GDR/at P.O. Box 177 — Seadrift. Texas 77983 —email: earv.reese r calhouncotx.om — (361) 785-3141 —Fax (361) 785-5602 DocuSign Envelope ID: 76EBF4E0-A9AD-4808-B367-D2C81 B53CC38 INTERLOCAL CONTRACT GLO Contract No. 22480-004-D560 THE GENERAL LAND OFFICE ("the GLO") and CALHOUN COUNTY, Texas Identification Number (TIN) 17460019239 ("Local Government'), each a "Party" and collectively "the Parties," enter into the following contract for services (the "Contract") pursuant to the Cooperation Act, Chapter 791 of the Texas Government Code. 1. DEFINITIONS / INTERPRETIVE PROVISIONS / PROJECT DESCRIPTION 1.01 DEFINITIONS "Administrative and Audit Regulations" means all applicable statutes, regulations, and other laws governing administration or audit of this Contract, which may include Title 2, Part 200, Code of Federal Regulations and Chapters 32[ and 791 of the Texas Government Code. "Attachment" means documents, terms, conditions, or additional information attached to this Contract following the execution page or expressly incorporated by reference within the body of this Contract. "Contract" means this entire document, along with any Attachments. "Deliverable" means a unit or increment of work to include, any item, report, data, document, photograph, or other submission required to be delivered under the terns of this Contract, in whatever form. "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "GAAP" means "generally accepted accounting principles." "GASB" means the Governmental Accounting Standards Board. "General Affirmations" means the statements, terms, and conditions attached hereto as Attachment B. To the extent they apply, Local Government agrees to and affirms the General Affirmations. "Intellectual Property" means patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, other intangible proprietary information, and all federal, state, or international registrations or applications for any of the foregoing. "Proiect" means the services described in SECTION 1.03 of this Contract. "Public Information Act" means Chapter 552 of the Texas Government Code. GLO Contract No. 22-180-004-D560 Page 1 of 11 DocuSign Envelope ID: 76EBF4E0-A9AD4808-B367-D2C81B53CC3B "Subcontractor" means an individual or business that signs a contract, or enters into an agreement with Local Government, to perform part or all of the obligations of Local Government under this Contract. "Travel Regulations" means all applicable statutes, regulations, laws, and Comptroller guidance related to reimbursement for Local Government's gavel expenses, including: Title 34, Section 5.22, of the Texas Administrative Code; Chapter 660 of the Texas Government Code; the General Appropriations Act; and Texu•ave/, the Comptroller's travel regulation guidance available on the Comptroller's website. "Units" means, collectively, the mobile and stationary Oil and Bilge Water Recovery Units operated by Local Government pursuant to this Contract. "Work" means services to be performed or goods to be delivered, and any appurtenant actions performed and items produced, conceived, or developed, including but not limited to Deliverables, in the performance of the Project. 1.02 INTERPRETIVE PROVISIONS a) The meanings of defined terms apply to the singular and plural forms of the defined terms; b) The words "hereof.. "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, work order, or schedule of this Contract unless otherwise specified; c) The term "including" means "including, without limitation." d) Unless otherwise expressly provided, references to contracts include subsequent amendments and other modifications thereto, to the extent such amendments and modifications are not prohibited by the terms of this Contract, and a reference to a statute or regulation includes statutory or regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; e) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; f) All Attachments to this Contract, including those incorporated by reference, and any amendments are considered part of the terms of this Contract; g) This Contract may use several limitations, regulations, or policies to regulate the same or similar matters and each such limitation, regulation, and policy is cumulative and shall be performed in accordance with its terms; h) Unless otherwise expressly provided, reference to any action of or by the GLO by way of consent, approval, or waiver is deemed modified by the phrase "in its/their sole discretion," however, the GLO shall not unreasonably withhold or delay any approval, consent, or waiver required or requested of it; i) Time is of the essence in this Contract; j) If this Contract and its Attachments conflict, such conflicts shall be resolved in the following order of precedence: first, the Contract; then attachments to the Contract in this order: Attachment B, Attachment A, and Attachment C. GLO Contract No. 22-180-004-D560 Page 2 of 11 DocuSign Envelope 10: 76EBF4E0-A9AD4808-B367-02C81853CC3B 1.03 PROJECT The Local Government shall operate and maintain the Units to receive oily bilge wastewater and used motor oil from commercial fishing and recreational vessels in Texas coastal waters in the Calhoun County area (the "Project"), as described in the Scope of Work attached hereto as Attachment A. The Parties shall perform the Project in conformance with this Contract and all Attachments. 1.04 REPORTING REQUIREMENT'S Local Government shall prepare and submit to the GLO a quarterly report within 15 days of the end of each calendar quarter during the term of this agreement. The reports shall include, at a minimum, a record of each clay that a discharge was made into the Units and an approximate volume of material discharged on that day by all vessels. Reports and records shall be in portable document format (pdf) and shall be submitted to bruce.simons(a)ato.texas-gov; and one (1) hard copy of each should be sent to the attention of Bruce Simons, GLO Project Manager, GLO Oil Spill Division, PO BOX 12873, Austin, TX, 7871 1-2873. 11. TERM 2.01 DURATION This Contract shall be effective September I, 2022, and shall terminate on August 31, 2027 (the "Initial Term"). 2.02 EARLvTERMINA'ITONI'ORCONVI,NIENCE The GLO may terminate this Contract for convenience by giving written notice specifying a termination date at least 30 days subsequent to the date of the notice. Upon receipt of any such notice, Local Government shall cease work, terminate all subcontracts, and incur no further expense related to this Contract. Such early termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. 2.03 ABANDONMENTOR DEFAULT If Local Government abandons work or defaults on the Contract and fails to cure the default within 30 days after receiving written notice of default, the GLO may terminate the Contract without notice. III. CONSIDERATION 3.01 CONSIDERATION For and in consideration of Local Government's satisfactory performance under this Contract, the GLO shall pay Local Government an amount not to exceed $1,000.00 annually for the maintenance and operation of the Units, for a total amount not to exceed $5,000.00 during the Initial Term. 3.02 INVOICES a) Invoices must be submitted to vendorinvoices(cr�alo.texas.eov; b) be supported by documentation (including, but not limited to, itemized receipts) that, in the judgment of the GLO, allows for full substantiation of the costs incurred; and GLO Contract No. 22-I80-004-D560 Page 3 of I I Docuftn Envelope ID: 76EBF4E0-A8AD4808-B367-D2C87B53CC36 c) prominently display GLO Contract Number 22-180-004-D560. 3.03 PAYMENT If Local Government does not submit invoices in strict accordance with the instructions in this Contract, payment of invoices may be significantly delayed. The GLO shall not pay interest, fees, or other penalties for late payments resulting from Local Government's failure to submit invoices in strict accordance with the instructions in this section. IV. AUTHORITY, AFFIRMATIONS. ASSURANCES, AND CERTIFICATIONS 4.01 REPRESENTATION OF AUTHORITY Local Government warrants that: (1) it has authority to perform the services described herein, and (2) the representative executing this Contract on its behalf is authorized by its governing body to do so. The GLO warrants that: (1) it has the authority to contract for the services described herein; and (2) the representative executing this Contract on its behalf is authorized to do so. 4.02 GENERAL AFFIRMATIONS To the extent they apply, Local Government certifies it has reviewed the General Affirmations in Attachment B, and that Local Government is in compliance with all the requirements contained therein. 4.03 CERTIFICATIONS FOR INTERLOCAL CONTRACT Each Party certifies that this Contract is authorized by its respective governing body, as applicable, or is otherwise authorized under procedures for entering into interlocal contracts that do not require the approval of its governing body. Each Party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying Party. The Parties agree any contractual payment described in this Contract is in an amount that fairly compensates the performing Party for the services or functions performed under this Contract. V. STATE AND FEDERAL FUNDING 5.01 STATE FUNDING a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. b) Any claim by Local Government for damages under this Contract may not exceed the amount of funds due and owing Local Government or the amount of fiends appropriated for payment, but not yet paid to Local Government, under the annual budget in effect at the time of the breach. Nothing in this Contract shall be construed as a waiver of sovereign immunity. GLO Contract No. 22-180-004.D560 Page 4 of 11 DoeuSign Envelope ID: 76EBF4E0-A8AD4808-8367-D2C81B53CC3B 5.02 RECAPTURE OF FUNDS The GLO may terminate the Contract and recapture and be reimbursed by Local Government for any payments the GLO makes that: (i) exceed maximum allowable rates; (ii) are not allowed under applicable laws, rules, or regulations; or (iii) are otherwise inconsistent with this Contract, including any unapproved expenditures. 5.03 OvERPAYmNT Local Government shall be liable to the GLO for any costs disallowed pursuant to financial or compliance audit(s) of funds Local Government received under this Contract. Local Government shall reimburse such disallowed costs from funds other than those Local Government receives pursuant to this Contract. VI. OWNERSHIP AND INTELLECTUAL PROPERTY 6.01 OWNERSHIP AND INTELLECTUAL PROPERTY a) The GLO shall own, and Local Government hereby irrevocably assigns to the GLO, all ownership rights, title, and interest in and to all Intellectual Property acquired or developed by Local Government pursuant to this Contract, including, without limitation, all Intellectual Property in and to reports, drafts of reports, data, drawings, computer programs and codes, and/or any other information or materials acquired or developed by Local Government under this Contract. The GLO may obtain and hold in its name any and all patents, copyrights, trademarks, service marks, registrations, or such other protections, including extensions and renewals thereof, as may be appropriate to the subject matter. Local Government agrees and acknowledges that all expressive content subject to copyright protection, including, without limitation, all reports, drafts of reports, drawings, artwork, photographs, video, computer programs and codes, and/or any other expressive content acquired or developed by Local Government pursuant to this Contract is a "work made for hire" under the United States Copyright Act of 1976. If, for any reason, any expressive content subject to copyright protection or any portion of such expressive content is not a work made for hire, Local Government hereby irrevocably assigns to the GLO ownership of all rights, title and interest in and to such expressive content or such portion of such expressive content. Such rights, title, and interest include, without limitation, the entire and exclusive copyright in the expressive content and all rights associated with the copyright, including reproduction rights, distribution rights, the right to prepare translations and other derivative works, and the right to display the expressive content in all formats and media now known or developed in the future. b) Local Government must give the GLO and the State of Texas, as well as any person designated by the GLO or the State of Texas, all assistance and execute documents required to perfect the rights granted to the GLO herein, without any charge or expense beyond the stated amount payable to Local Government for the services authorized under this Contract. VII. RECORDS, AUDIT, RETENTION. AND DISCLOSURE 7.01 BOOKS AND RECORDS Local Government shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records sufficient to allow the GLO, the Texas State Auditor's Office, the GLO Contract No. 22-180-004-D560 Page 5 or 11 Doeuftn Envelope ID: 76EBF4E0-AOAD4808-8367-D2C81B53CC38 United States Government, and/or their authorized representatives to determine Local Government's compliance with this Contract and all applicable laws, rules, and regulations. 7.02 INSPECTION AND AUDIT a) All records related to this Contract, including records of Local Government and its Subcontractors, shall be subject to the Administrative and Audit Regulations. b) The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, 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, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Local Government shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Local Government and the requirement to cooperate is included in any subcontract it awards. c) State agencies authorized to audit and inspect Local Government, its records, subcontractors, and subcontractors' records include the GLO, the GLO's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, the Texas Comptroller of Public Accounts, and their authorized designees. 7.03 PERIOD OF RETENTION Each Party shall retain in its records this Contract and all documents related to this Contract. Unless a longer retention period is specified by applicable federal law or regulation, the Parties may destroy the Contract and related documents only after the seventh anniversary of the date: the Contract is completed or expires; or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the Contract or related documents are resolved. 7.04 CONFIDENTIALITY To the extent permitted by law, Local Government and the GLO shall keep all information, in whatever form produced, prepared, observed, or received by Local Government or the GLO, confidential to the extent that such information is: (a) confidential by law; (b) marked or designated `confidential" (or words to that effect) by Local Government or the GLO; or (c) information that Local Government or the GLO is otherwise required to keep confidential by this Contract. Local Government must not advertise that it is doing business with the GLO, use this Contract as a marketing or sales tool, or make any communications or announcements relating to this Contract through press releases, social media, or other public relations efforts without the prior written consent of the GLO. 7.05 PUBLIC RECORDS The GLO may post this Contract to the GLO's website. Local Government understands that the GLO will comply with the Texas Public Information Act (Texas Government Code Chapter 552, the "PIA"), as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas (the "Attorney General"). Information, GLO Contract No. 22-180.004.D560 Page 6 of 11 DocuSign Envelope ID: 76EBF4E0-AgAD-4808-B367-02C81853CC3B documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the PIA. In accordance with Section 2252.907 of the Texas Government Code, Local Government is required to make any information created or exchanged with the GLO or the State of Texas pursuant to the Contract, and not otherwise excepted from disclosure under the PIA, available to the GLO in portable document file (".pdt') format or any other format agreed upon between the Palsies that is accessible by the public at no additional charge to the GLO or the State of Texas. By failing to mark any information that Local Government believes to be excepted from disclosure as "confidential" or a "trade secret," Local Government waives any and all claims it may make against the GLO for releasing such information without prior notice to Local Government. 'file Attorney General will ultimately determine whether any information may be withheld from release under the PTA. Local Government shall notify the GLO's Office of General Counsel within twenty-four (24) hours of receipt of any third -party written requests for information and forward a copy of said written requests to PIALegal@g1o.texas.gov. Ira request for information was not written, Local Government shall forward the third party's contact information to the above -designated e-mail address. VIII. MISCELLANEOUS PROVISIONS 8.01 INSURANCE Pursuant to Chapter 2259 of the Texas Government Code entitled, "Self -Insurance by Governmental Units," Local Government is self -insured and, therefore, is not required to purchase insurance to perform its obligations under this Contract. 8.02 LEGAL OBLIGATIONS Local Government shall procure and maintain for the duration of this Contract any license, authorization, insurance, waiver, permit, qualification, or certification required by federal, state, county, or city statute, ordinance, law, or regulation to be held by Local Goverment to provide the goods or services required by this Contract. Local Goverment shall pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Local Goverment shall pay any such government obligations not paid by its subcontractors during performance of this Contract. In its performance of the Contract, Local Government shall not infringe the intellectual property rights of third parties. 8.03 ASSIGNMENT AND SUBCONTRACTS a) Local Government shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract without the prior written consent of the GLO. Any purported assignment executed in violation of the foregoing is void and without effect. Notwithstanding this provision, Local Government may subcontract with others for some or all of the services to be perforated. In any approved subcontracts, Local Government shall legally bind such subcontractor to perform and make such subcontractor subject to all the duties, requirements, and obligations of Local Government as specified in this Contract. Nothing in this Contract shall be construed to relieve Local Government of the responsibility for ensuring that the goods delivered and/or the services rendered by Local Government and/or any of its subcontractors comply with all the terms and provisions of this Contract. GLO Contract No. 22-I80-004-D560 Page 7 of 11 DocuSign Envelope ID: 76EBF4E0-A9AD-4808-S367-D2C81B53CC3B b) Local Government will provide written notification to the GLO of any such subcontractor performing fifteen percent (15'%u) or more of the work under this Contract, including the name and taxpayer identification number of subcontractor, the task(s) being performed, and the number of subcontractor employees expected to work on the task. 8.04 RELATIONSHIP OFTI'IEPART[ ES Local Government is associated with the GLO only for the purposes and to the extent specified in this Contract. Local Government is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its dirties under this Contract. Nothing contained in this Contract creates a partnership or joint venture, employer -employee or principal -agent relationships, or any liability whatsoever with respect to the indebtedness, liabilities, or obligations of Local Government or any other Party. Local Government shall be solely responsible for, and the GLO shall have no obligation with respect to: withholding of income taxes, FICA, or any other taxes or fees; industrial or workers' compensation insurance coverage; participation in any group insurance plans available to employees of the State of Texas; participation or contributions by the State to the State Employees Retirement System; accumulation of vacation leave or sick leave; or unemployment compensation coverage provided by the State. 8.05 COMPLIANCF Wl'I'l1 O'I'IIEIt LAw'S In its performance of this Contract, Local Government shall comply with all applicable federal, state, county, and city laws, statutes, ordinances, and regulations. Local Government is deemed to know of and understand all applicable laws, statutes, ordinances, and regulations. 8.06 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: GLO Texas General Land Office 1700 N. Congress Avenue, Mail Code 15E Austin, TX 78701 Attention: Contract Management Division Local Government Calhoun County 211 S. Ann Street Port Lavaca, TX 77979 Attention: Gary Reese Email' gary.reeseC(dcalhouncotx.org Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for notice by written notice to the other Party as herein provided. GLO Contract No. 22-180-004-D560 Page 8 or I l DocuSign Envelope ID: 7SEBF4E8-A9AD4808•B367-D2C81853CC3B 8.07 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the Parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Local Government irrevocably waives any objection, including any objection to personal jurisdiction, the laying of venue, or based on forum non conveniens, it has or may have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any related document. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR THE STATE OF TEXAS. 8.08 SEVERABILITY If a court of competent jurisdiction determines any provision of this Contract is invalid, void, or unenforceable, the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. 8.09 FORCE MAJEURE Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant shall be suspended, and the affected Party shall not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure shall promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The Party claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where it is possible to do so and shall resume performance at the earliest possible date. However, if non-performance continues for more than thirty (30) days, the GLO may terminate this Contract immediately upon written notification to Local Government. 8.10 ENTIRE CONTRACT AND AMENDMENT This Contract, its Attachments, and any Work Order issued under this Contract constitute the entire agreement of the Parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements made in connection with the subject matter hereof. Additional or conflicting terms in Attachments or Work Orders shall be harmonized with this Contract to the extent possible. Unless such integrated Attachment or Work Order specifically displays a mutual intent to amend part of this Contract, conflicts shall be construed consistently with the terms of this Contract. This Contract, its Attachments, and any Work Orders issued under this Contract may only be amended by a mutual, written agreement executed by authorized representatives of the Parties. 8.11 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute one and the same Contract. GLO Contract No. 22-I80-004-D560 Page 9 of 11 DocuSign Envelope ID: 76EBF4EO-A9AD-4808-B367-D2C81B53CC3B 8.12 PROPER AUTHORITY Each Party represents and warrants that the person executing this Contract on its behalf has the authority to enter into this Contract. This Contract is effective for the term specified herein. Any services Local Government performs before this Contract's effective date or after its termination or expiration are performed at Local Government's sole risk. 8.13 TAXES, WORKERS' COMPENSATION, UNEMPLOYMENT INSURANCE Local Government shall be solely liable and responsible for payment of Local Government's and Local Government's employees' taxes of whatever kind, arising out of the execution or performance of the Contract. Local Government shall comply with all state and federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers' compensation. The GLO and the State of Texas, by entering into this Contract, shall not be liable to Local Government or its officers, agents, employees, representatives, contractors, assignees, designees, or others for the payment of taxes, or the provision of unemployment insurance, workers' compensation, or any benefit available to a state employee or employee of another governmental entity. 8.14 INDEMNIFICATION As required under the Constitution and laws of the State of Texas, each Party understands that it is solely liable for any liability resulting from its acts or omissions. No act or omission of a Party shall be imputed to the other Party. Neither Party shall indemnify or defend the other Party. 8.15 INFRINGEMENT If Local Government becomes aware of an actual or potential claim of infringement of any United States patent, copyright, trade or service mark, or any other intellectual or intangible property right that occurs in the execution or performance of the Contract, or the GLO provides Local Government with notice of such claim, Local Government may (or in the case of an injunction against the GLO, shall), at Local Government's sole expense either: (i) procure for the GLO the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with a functionally equivalent or superior product or service so that the GLO's use is non -infringing. 8.16 DISPUTE RESOLUTION Except as otherwise provided by statute, rule or regulation, Local Government shall use the dispute resolution process established in Chapter 2260 of the Texas Government Code and related rules to attempt to resolve any dispute under this Contract, including a clam for breach of contract by the GLO, that the Parties cannot resolve in the ordinary course of business. Neither the occurrence of an event giving rise to a breach of contract claim nor the pendency of such a claim constitutes grounds for Local Government to suspend performance of this Contract. Notwithstanding this provision, the GLO reserves all legal and equitable rights and remedies available to it. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 8.17 SURVIVAL OF TERMS AND PROVISIONS The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretation; warranties; affirmations; GLO Contract No. 22-180-004-D560 Page 10 of 11 DocuSign Envelope ID: 76EBF4E0-A8AD-4808-B367-D2C61863CC3B prohibition on debts created on behalf of the State of Texas and/or the GLO; limitation of any Local Government claim for damages to the amount of funds appropriated for payment but not yet paid to Local Government; ownership; intellectual property; books and records; inspection and audit; records retention period; confidentiality; public records; insurance; taxes; workers' compensation; unemployment insurance; Local Government's obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Local Government or any subcontractors to provide the goods Or services described in this Contract; indemnity; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. SIGNATURE PAGE FOLLOWS GLO Contract No. 22-180-004-D560 Page 11 of 11 DocuSign Envelope ID: 76EBF4E0-A9AD-4808.B367-D2CB1B53CC3B SIGNATURE PAGE FOR GLO CONTRACT NO. 22-180-004-D560 GENERAL LAND OFFICE Mark A. Havens Chief Clerk/Dcputy Land Commissioner Date of execution: OGC �6b PM DDT SDD DGC nt5 GC )6 ATTACHMENTS TO THIS CONTRACT: CALHOUN COUNTY in t , Q-Q�� Nance: Gar Reese Title: Commissioner PCT 4 Date ore xecution: _ Q4L_ 01 ' Z0712- ATTACHMENT A —SCOPE OF WORK ATTACHMENT B—GENERAL AFFIRMATIONS ATTACHMENT C — DECLARATION OF INSPECTION FORM ATTACHMENTS FOLLOW DocuSl9n Envelope ID: 76EBF4E0-A9ADA808-B367-D2C81B53CC3B Attachment A GLO Contract No. 22-180-004-D560 Rage I of SCOPE OF WORK ARTICLE I: PURPOSE 1.01 PROJECT: In strict conformance with the terms and conditions of this Contract, Local Government shall operate and maintain two oil and bilge water recovery units ("Recovery Units"), and one mobile pump -out unit (the "Mobile Unit") (each a "Unit" and collectively, "the Units") in the Calhoun County area. 1.02 COOPERATION: The GLO and Local Government shall work together in good faith to promote and create incentives for use of the Units by operators of commercial fishing and recreational vessels in Texas coastal waters and the Gulf Of Mexico. 1.03 PROJECT MANAGERS: The GLO and Local Government shall each designate a single point of contact as its liaison for resolution of issues related to the Project. Subject to change with notice to the other Party, the GLO designates Mr. Bruce Simons as its Project Manager, and the Provider designates Mr. Gary Reese as its Project Manager. ARTICLE H: OPERATION OF THE UNIT 2.01 RESTRICTED USE: Local Government shall ensure the Units arc used only for the disposal of motor oil and oily bilge water and not for disposal of any other type of material Or waste, unless specifically authorized in writing by the GLO. 2.02 COMPLIANCE wri'H LAWS: Local Government shall ensure compliance with all applicable local, state, and federal laws, regulations, permit conditions, contingency plans, and other requirements, including regulations governing the disposal, accidental discharge, or recycling of used or waste oil. If operation of the Units requires Local Government to obtain a discharge prevention and response certificate, the GLO shalt waive any fee it ordinarily charges for such certificate. The GLO shall assist Local Government in planning for and responding to unauthorized discharges of oil in Local Government's Calhoun County facility. 2.03 LIMITED ACCESS: When the Units are not being used, Local Government shall ensure intake hoses and pumps are locked or otherwise secured so they cannot be used in an unauthorized manner. 2.04 AUTHORIZED FEES: Local Government may not charge commercial fishing or recreational vessels for discharging waste oil or oily bilge wastewater into the Unit. Local Government may charge a reasonable fee for use of the Units by other types of vessels. Local Government must submit a proposed fee schedule to the GLO and receive GLO's written approval of the fee schedule before charging any such fee. Local Government is not authorized to assess a fee for disposal into the Units until the GLO approves the fee schedule in writing. DocuSign Envelope ID: 76EBF4E0-AgAD-4808-B367-02C81853CC3B Attachment A GLO Contract No. 22-186-004-D560 Page 2 of 3 2.05 USE BY THE GLO AND UNITED STATES COAST GUARD (USCG): Local Government agrees that the GLO and USCG may use the Units to dispose of recovered oil and wastewater during an oil spill response. Both the GLO and Local Government project managers must agree to allow the disposal of recovered oil and wastewater into the Units by either the GLO or USCG. The GLO will not allow the disposal of extremely heavy oil, weathered oil, sludge, tar, asphalt, or oil with dangerously high concentrations of aromatic hydrocarbons such as benzene or toluene. ARTICLE III: MAINTENANCE AND OPERATION OF THE UNITS 3.01 GENERAL OBLIGATIONS OF LOCAL GOVERNMENT: Local Government shall operate and maintain the Units and keep records detailing each Unit's use. Local Government shall ensure that the Units are available during normal business hours and easily accessible to vessels authorized to use it. Local Government shall monitor the use and condition of the Units and keep it in good repair and working condition at all times. Local Government shall immediately notify the GLO when either of the Units are not operational for any reason. 3.02 SPECIFIC OBLIGATIONS OF LOCAL GOVERNMENT: (a) Discharges into a Unit. When Local Government receives a request from a vessel that is authorized to discharge into a Unit, a trained employee of Local Government will complete the required Declaration of Inspection (DOI) (See Attachment C to the Contract). The Local Government employee will monitor the discharge operation to ensure an appropriate flow rate into the Unit and to prevent the Unit from being overfilled. After the vessel has completed the discharge into the Unit, the Local Government employee will lock the intake port and secure the Unit so it cannot be used in an unauthorized manner. (b) Notification to GLO when disposal of collected wastewater is necessary. Local Government shall notify the GLO when the wastewater holding capacity of either Unit is nearing capacity and disposal of collected wastewater is necessary. (c) Maintaining records on vessels that use the Units. Local Government Local Government shall keep records on all vessels that discharge into the Units. The records shall, at a minimum, include the following information: vessel name; vessel registration number; vessel owner's name, address, and phone number; vessel captain's name, address, and phone number; and the volume (in gallons) of the material discharged by the vessel into the Unit. Local Government may collect additional information it deems necessary to document the use of the Unit. (d) Maintaining records on expenditures for operation and maintenance. Local Government shall keep accurate records of all expenditures it makes for operation and maintenance of the Unit. (e) Reporting requirements. Local Government shall prepare and submit to the GLO a quarterly report within 15 days of the end of each calendar quarter during the term of this Contract. The report shall include a record of each day that a discharge was made into either Unit and an approximate volume of material discharged into the Unit on that day by all vessels. (f) Auditing records by the GLO. Local Government shall allow the GLO to inspect DocuSign Envelope ID: 78EBF4E0-A9AD4808.B367-D2C81B53CC3B Attachmmt A GLO Contract No. 22-180-004-D560 Page 3 of 3 any records kept by Local Government with regard to the operation and maintenance of the Unit. 3.03 GENERAL OBLIGATIONS OF THE GLO: The GLO shall regularly monitor the use of each Unit and provide guidance to Local Government personnel on its operation and maintenance. The GLO shall provide Local Government reasonable assistance in ensuring that the Units are available for use by authorized vessels. 3.04 SPECIFIC OBLIGATIONS OF THE GLO: (a) Equipment and parts replacement; technical assistance. If equipment associated with a Unit needs to be replaced, the GLO shall, after confirming such equipment is required to perform the Project and within the scope of the Contract, pay for the equipment and ensure delivery to Local Government. The GLO will provide replacement parts and technical assistance to the Local Government as needed. (b) Arranging for wastewater disposal from the Unit. Upon receipt of notice from Local Government that the wastewater holding capacity of a Unit has been reached, or based on its own monitoring, the GLO shall arrange and pay for the disposal of wastewater from the Unit. ARTICLE VI: MISCELLANEOUS 4.01 RESPONSIBILITY FOR CLEAN—UP COSTS FOR UNAUTHORIZED DISCHARGES OF OIL INTO TEXAS COASTAL WATERS: The GLO will be solely responsible for all clean-up and disposal costs associated with an unauthorized discharge of oil from a Unit into Texas coastal waters that is not caused by: (a) an act or omission of a third party, or (b) the negligence, gross negligence, recklessness, or intentional misconduct of Local Government or its officers, employees, contractors, or agents. In the event of an unauthorized discharge of oil from a Unit into Texas coastal waters caused by an act or omission of a third party, the GLO may designate the third party as the responsible party for the discharge. The GLO reserves the right to designate Local Government as the responsible party for an unauthorized discharge of oil into Texas coastal waters caused by the negligence, gross negligence, recklessness, or intentional misconduct of Local Government or its officers, employees, contractors, or agents. Docu6lgn Envelope ID: 76EBF4E0-A9AD48O8-B367-D2C81B53CC3B Attachment B GLO Contract No. 22-190-004-D560 Page 1 of 8 GENERAL AFFIRMATfONS TO THE EXTENT APPLICABLE, Performing Agency affirms and agrees to the following, without exception: 1. Performing Agency represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Performing Agency nor the firm, corporation, partnership, or institution represented by Performing Agency, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Performing Agency.* 2. Performing Agency shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from the GLO. Any attempted assignment or delegation in violation of this provision is void and without effect. This provision does not apply to subcontracting. 3. If the Contract is for services, Performing Agency shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts, but for contracts subject to 2 CFR 200, only to the extent such compliance is consistent with 2 CFR 200.319. 4. Under Section 231.006 of the Family Code, the vendor or applicant [Performing Agency] certifies that the individual or business entity named in this Contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate, in addition to other remedies set out in Section 231.006(t) of the Family Code.* 5. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Performing Agency certifies it has submitted this information to the GLO.* 6. If the Contract is for a "cloud computing service" as defined by Texas Government Code Section 2157.007, then pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, Performing Agency represents and warrants that it complies with the requirements of the state risk and authorization management program and Performing Agency agrees that throughout the term of the Contract it shall maintain its certifications and comply with the program requirements in the performance of the Contract. 7. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Performing Agency certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in Title 30 Texas Administrative Code Chapter 328. 8. If the Contract authorizes Performing Agency to access, transmit, use, or store data for the GLO, then in accordance with Section 2054.138 of the Texas Government Code, Performing Agency certifies that it will comply with the security controls required under this Contract and will maintain records and make them available to the GLO as evidence of Performing Agency's compliance with the required controls. * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. May 6, 2022 DocuSign Envelope ID: 78EBRE0-ASAD4808-8367-132C81 1153CC313 Attachment B GLO Contract No. 22480.004-11560 Page 2 of 8 9. Performing Agency represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract. 10. Performing Agency agrees that any payments due under the Contract shall be applied towards any debt or delinquency that is owed by Performing Agency to the State of Texas. 11. Upon request of the GLO, Performing Agency shall provide copies of its most recent business continuity and disaster recovery plans. 12. If the Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Performing Agency certifies that it does not employ an individual who has been employed by the GLO or another agency at any time during the two years preceding the Performing Agency's submission of its offer to provide consulting services to the GLO or, in the alternative Performing Agency, in its offer to provide consulting services to the GLO, disclosed the following: (i) the nature of the previous employment with the GLO or other state agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.* 13. If the Contract is not for architecture, engineering, or construction services, then except as otherwise provided by statute, rule, or regulation, Performing Agency must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF APPLICABLE, OF GOVERNMENTAL IMMUNITY BY PERFORMING AGENCY. 14. If the Contract is for architecture, engineering, or construction services, then subject to Texas Government Code Section 2260.002 and Texas Civil Practice and Remedies Code Chapter 114, and except as otherwise provided by statute, rule, or regulation, Performing Agency shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code, Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF APPLICABLE, OF GOVERNMENTAL IMMUNITY BY PERFORMING AGENCY. a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law, if Performing Agency's claim for breach of contract cannot be resolved by the Parties in the ordinary course of business, Performing Agency may make a claim against the GLO for breach of contract and the GLO may assert a counterclaim against Performing Agency as is contemplated by Texas Government Code, Chapter 2260, Subchapter B. In such event, Performing Agency must provide written notice to the GLO of a claim for breach of the Contract not later than the 180th day after the date of the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount Performing Agency seeks as damages; and (3) the legal theory of recovery. b. The chief administrative officer, or if designated in the Contract, another officer of the OLD, shall examine the claim and any counterclaim and negotiate with Performing Agency in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052. * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. May 6, 2022 DoouSign Envelope ID: 76ESF4E0-AgAD48g8-B367•D2CB1B53CC3B Attachment B GLO Contract No. 22-190-004-D560 Page 3 of 8 c. If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the Parties shall reduce the agreement or settlement to writing and each Party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a Party's rights under this Contract as to the parts of the claim that are not resolved. d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with the GLO, unless the Parties agree in writing to an extension of time, the Parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is Performing Agency's sole and exclusive process for seeking a remedy for an alleged breach of contract by the GLO if the Parties are unable to resolve their disputes as described in this section. e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's sovereign immunity, or, if applicable, the governmental immunity of Performing Agency. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas or Performing Agency. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas or, if applicable, of Performing Agency under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies or immunities or be considered as a basis for estoppel. The GLO does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO, prior to or subsequent to entering into this Contract. Performing Agency does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO, prior to or subsequent to entering into this Contract. f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute resolution process provided for in Texas Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Performing Agency: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code; or (2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code. 15. If Chapter 2271 of the Texas Government Code applies to this Contract, Performing Agency verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract.* 16. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Performing Agency understands that all obligations of the GLO under this Contract are subject to the availability of funds. If such funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas Constitution. 17. Performing Agency certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, 'Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism", published by the United States Department of the Treasury, Office of Foreign Assets Control. 18. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Performing Agency certifies that it is not (1) the executive head of the GLO, (2) a person who at any time during the four years before the effective date of the Contract was the executive head of the GLO, or (3) a person who employs a current or former executive head of the GLO. * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. May 6, 2022 Docu6lgn Envelope ID: 76EBF4EB-AOADABO8.8367.D2C61B53CC3B Attachment B GLO Contract No. 22-180-004-D560 Page 4 or 8 19. Performing Agency represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material breach of contract and may void the Contract or be grounds for its termination. 20. Pursuant to Section 2155.004(a) of the Texas Government Code, Performing Agency certifies that neither Performing Agency nor any person or entity represented by Performing Agency has received compensation from the GLO to participate in the preparation of the specifications or solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas Government Code, Performing Agency certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. This Section does not prohibit Performing Agency from providing free technical assistance.* 21. Performing Agency represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.* 22, In accordance with Section 2252.901 of the Texas Government Code, for the categories of contracts listed in that section, Performing Agency represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were employees of the GLO during the twelve (12) month period immediately prior to the date of execution of the contract. Solely for professional services contracts as described by Chapter 2254 of the Texas Government Code, Performing Agency further represents and warrants that if a former employee of the GLO was employed by Performing Agency within one year of the employee's leaving the GLO, then such employee will not perform services on projects with Performing Agency that the employee worked on while employed by the GLO.* 23. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to any Party. 24.IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PERFORMING AGENCY, TO THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF PERFORMING AGENCY OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PERFORMING AGENCY WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PERFORMING AGENCY MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PERFORMING AGENCY AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.* 25. IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PERFORMING AGENCY, TO THE * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. May 6, 2022 DocuSign Envelope ID: 78EBF4E0-A9AD4808-B367-D2C81B53CC3B Attachment B GLO Contract No. 22.180-004-D560 Page 5 of 8 EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR OTHERWISE RELATED TO PERFORMING AGENCY'S PERFORMANCE, AND/OR FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE PERFORMING AGENCY OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER CONTRACT TO PERFORMING AGENCY, OR ANY OTHER ENTITY OVER WHICH PERFORMING AGENCY EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PERFORMING AGENCY WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PERFORMING AGENCY MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PERFORMING AGENCY AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.* 26. TO THE EXTENT ALLOWED BY LAW, PERFORMING AGENCY SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF PERFORMING AGENCY PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE GLO'S AND/OR PERFORMING AGENCY'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY PERFORMING AGENCY OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT OF PERFORMING AGENCY'S PERFORMANCE UNDER THE CONTRACT. PERFORMING AGENCY AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. PERFORMING AGENCY SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY PERFORMING AGENCY WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PERFORMING AGENCY MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN ADDITION, PERFORMING AGENCY WILL REIMBURSE THE GLO AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF PERFORMING AGENCY OR IF THE GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND PERFORMING AGENCY WILL PAY ALL REASONABLE COSTS OF THE GLO'S COUNSEL.* 27. Performing Agency has disclosed in writing to the GLO all existing or (mown potential conflicts of interest relative to the performance of the Contract. • This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. May 6, 2022 DocuSlgn Envelope ID: 76EBF4E0-AgADA808-8367-02C81853CC3B Attachment B GLO Contract No. 22480404-D560 Page 6 or8 28. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from accepting a solicitation response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Performing Agency certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.* 29. The person executing this Contract certifies that he/she is duly authorized to execute this Contract on his/her own behalf or on behalf of Performing Agency and legally empowered to contractually bind Performing Agency to the terms and conditions of the Contract and related documents. 30. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Performing Agency shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.* 31. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, 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, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Performing Agency shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contract and the requirement to cooperate is included in any subcontract it awards. The GLO may unilaterally'amend the Contract to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 32. Performing Agency certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the Contract by any state or federal agency. 33. If the Contract is for the purchase or lease of covered television equipment, as defined by Section 361.971(3) of the Texas Health and Safety Code, Performing Agency certifies its compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to the Television Equipment Recycling Program. 34. Pursuant to Section 572.069 of the Texas Government Code, Performing Agency certifies it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for the GLO involving Perforating Agency within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015. 35. The GLO shall post this Contract to the GLO's website. Performing Agency understands that the GLO will comply with the Texas Public Information Act (Texas Government Code Chapter 552, the "PIA"), as interpreted by judicial rulings and opinions of the Attomey General of the State of Texas (the "Attorney General"). Information, documentation, and other material in connection with this * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. May 6, 2022 DocuSign Envelope ID: 76EBF4E0-A9AD4808-6367-D2C8t B53CC3B Attachment 11 GLO Contract No. 22-180-004-11560 Page 7 of 8 Contract may be subject to public disclosure pursuant to the PIA. In accordance with Section 2252.907 of the Texas Government Code, Performing Agency is required to make any information created or exchanged with the GLO or the State of Texas pursuant to the Contract, and not otherwise excepted from disclosure under the PIA, available to the GLO in portable document file (".pdP') format or any other format agreed upon between the Parties that is accessible by the public at no additional charge to the GLO or the State of Texas. By failing to mark any information that Performing Agency believes to be excepted from disclosure as "confidential" or a "trade secret," Performing Agency waives any and all claims it may make against the GLO for releasing such information without prior notice to Performing Agency. The Attorney General will ultimately determine whether any information may be withheld from release under the PIA. Performing Agency shall notify the GLO's Office of General Counsel within twenty-four (24) hours of receipt of any third -party written requests for information and forward it copy of said written requests to PIALegal@glo.texas.gov. If a request I'or information was not written, Performing Agency shall forward the third parry's contact information to the above -designated e-mail address. 36. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Performing Agency must repot any possible fraud, waste, or abuse that occurs in connection with the Contract to the GLO in the manner prescribed by the GLO's website, http://glo.texas.Liov. 37. If Performing Agency, in its perfornnance of the Contract, has access to a state computer system or database, Performing Agency must complete a cybersecurity raining program certified under Texas Government Code Section 2054519, as selected by the GLO. Performing Agency must complete the cybersecurity training program during the initial tens of theContract and during any renewal period. Performing Agency must verify in writing to the GLO its completion at' the cybersecurity training program. 38. Under Section 2155.0061, Texas Government Code, Performing Agency certifies that the entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.* 39. Performing Agency certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post -transmission recovery on entry to, to gain access to, or to receive service from Performing Agency's business. Performing Agency acknowledges that such a vaccine or recovery requirement would make Performing Agency ineligible for a state -funded contact. 40. Pursuant to Government Code Section 2274.0102, Performing Agency certifies that neither it nor its parent company, nor any affiliate of Performing Agency or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274.0103, or (2) headquartered in any of those countries.* 41. If Performing Agency is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Performing Agency verifies that Performing Agency does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Performing Agency does not make that verification, Performing Agency must notify the GLO and state why the verification is not required.* 42. If Performing Agency is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Performing Agency verifies that it (I) does not have a practice, policy, guidance, or directive that discriminates against a "firearm entity" or "firearm trade association" as those terms * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. May 6, 2022 DocuSign Envelope ID: 76EBF4E0-ABAD-4808.8367-02C8r B53CC3B Attachment B GLO Contract No. 22480-004-DS60 Page 8 of 8 are defined in Texas Government Code section 2274.001 and (2) will not discriminate during the term of the Contract against a firearm entity or firearm trade association. If Performing Agency does not make that verification, Performing Agency must notify the GLO and state why the verification is not required.* 43. If Performing Agency is a "professional sports team" as defined by Texas Occupations Code Section 2004.002, Performing Agency will play the United States national anthem at the beginning of each team sporting event held at Performing Agency's home venue or other venue controlled by Performing Agency for the event. Failure to comply with this obligation constitutes a default of this Contract, and immediately subjects Performing Agency to the penalties for default, such as repayment of money received or ineligibility for additional money. In addition, Performing Agency may be debarred from contracting with the State. The GLO or the Attorney General may strictly enforce this provision.* 44. To the extent Section 552.371 of the Texas Government Code applies to Performing Agency and the Contract, in accordance with Section 552.372 of the Texas Government Code, Performing Agency must (a) preserve all contracting information related to the Contract in accordance with the records retention requirements applicable to the GLO for the duration of the Contract, (b) no later than the tenth business day after the date of the GLO's request, provide to the GLO any contracting information related to the Contract that is in Performing Agency's custody or possession, and (c) on termination or expiration of the Contract, either (i) provide to the GLO at no cost all contracting information related to the Contract that is in Performing Agency's custody or possession or (ii) preserve the contracting information related to the Contract in accordance with the records retention requirements applicable to the GLO. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the Contract and Performing Agency agrees that the Contract may be terminated if Performing Agency knowingly or intentionally fails to comply with a requirement of that subchapter.* 45. If the Contract is for consulting services governed by Chapter 2254 of the Texas Government Code, Performing Agency, upon completion of the Contract, must give the GLO a compilation, in a digital medium agreed to by the Parties, of all documents, films, recordings, or reports Performing Agency compiled in connection with its performance under the Contract.* 46. If subject to 2 CFR 200.216, Performing Agency shall not obligate or expend funding provided under this Contract to: (a) procure or obtain; (b) extend or renew a contract to procure or obtain; or (c) enter into a contract to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services, as defined in Public Law 115-232, Section 889, as a substantial or essential component of any system, or as critical technology as part of any system. 47. To the extent Texas Government Code Chapter 2252, Subchapter G applies to the Contract, any iron or steel product Performing Agency uses in in its performance of the Contract that is produced through a manufacturing process, as defined in Section 2252.201(2) of the Texas Government Code, must be produced in the United States. * This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. Rev. May 6, 2022 DocuSign Envelope ID: 76EBF4E0-A8AD-4808-8367-D2C81B53CC3B Attachment C GLO Contract No. 22-180-004-DS60 Page I of 1 DECLARATION OF INSPECTION FOR BILGE WATER RECLAMATION FACILITY Location of Facility: Date of Inspection: Name / Number of Boat: Boat's Hailing Port or Comnanv Estimated quantity of bilge material to be discharged: gallons. *******w****wwwww*wwwwww**w*w*w*wwww*CHECKLIST*************w******************w**w*www* ❑ 1, The boat's responsible person has registered satisfactorily with this office. ❑ 2. The Bilge Water Reclamation Facility has been inspected and found to be operational and ready for a bilge transfer. ❑ 3. Mooring lines are adequate and property adjusted for the conditions. ❑ 4. The boat's bilge water pump hose appears to be of adequate length and in good condition — suitable for a safe transfer, ❑ 5. Catchment basin at the Pickup Point is clean and free of water and oil. ❑ 6. Communications are adequate for this transfer, and a common language has been established between the boat's crew and the facility operator. ❑ 7. There is a Qualified Person in charge on the boat handling the bilge hose. This person has been briefed on emergency shutdown procedures, specifically, and the facility's operations in general, to the degree that 11e understands what to do and what not to do. ❑ 8. 'There are rags, pads, or other oil sorbents on hand to control drips and residue at the transfer hose opening. 0 9. Determine to the best of your ability that there is NO ANTI -FREEZE OR OTHER HAZARDOUS MATERIAL contained in the bilge water to be discharged. ❑ 10. 1f in doubt about the contents of the bilge water, draw a sample and label it, in plain sight of the vessel's crew, before you accept the discharge. Facility Person in Charge -- I have checked all items on the checklist and have found them to be adequate at the time of inspection: Signature:_ Date: The Vessel's Person in Charge— Printed Name: Acting as the Person in Charge of the vessel discharging bilge water into this facility, I SWEAR OR AFFIRM THAT THERE ARE NO HAZARDOUS MATERIALS, INCLUDING ANTI -FREEZE, CONTAINED IN THE DISCHARGED MATERIAL. 1 acknowledge that a sample may be taken for analysis to confirm this statement. Signature: Date: Certificate Of Completion Envelope ld: 76EBF4EOA9AD480BB367D2C81B53CC3B Subject: RUSH $5K New Contract: 22-180.004-D560 Calhoun County (Texas GILD) Source Envelope: Document Pages: 30 Signatures: 0 Certificate Pages: 3 Initials: 6 AutoNav: Enabled Enveloped Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 8/31/2022 1:25:39 PM Signer Events Ben Bellomy ben.bellomy@glo.texas.gov Attorney Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Bruce Simons bruce.simons@glo.lexas.gov Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jimmy A, Martinez jimmy.a.martinez@glo.texas.gov Deputy Director Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign David Green david.green@glo.texas.gov Legal Services Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign DocuSign Status: Sent Envelope Originator: Clay Sebek 1700 Congress Ave Austin, TX 78701 Clay.Sebek@glo.texas.gov IP Address: 70.114.138.135 Holder: Clay Sebek Location: DocuSign Clay.Sebek@glo.texas.gov Signature Timestamp Sent: 8/31/2022 2:44:23 PM Eb Viewed: 8/31/2022 3:02:10 PM Signed: 8/31/2022 3:05:18 PM Signature Adoption: Pre -selected Style Using IP Address: 136.226.12,186 Viewed: 8131l2022 3:06:37 PM View: d:8/20223:05: 6 7 Signed: 8/31/2022 3:08:25 PM Signature Adoption: Drawn on Device Using IP Address: 70.112.176.220 Signed using mobile D� Signature Adoption: Drawn on Device Using IP Address: 174.197.8.151 Signed using mobile o� Signature Adoption: Uploaded Signature Image Using IP Address: 75.10.188.200 Sent: 8/31/2022 3:08:27 PM Viewed: 8/31/2022 5:41:57 PM Signed: 8/31/2022 5:42:11 PM Sent: 8131/2022 5:42:16 PM Viewed: 8/31/2022 5:47:45 PM Signed: 8/31/2022 5:47:53 PM Signer Events Marc Barenblat marc.barenblat@glo.texas.gov Deputy General Counsel Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeff Gordon jeff.gordon@glo.texas.gov General Counsel Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gary Reese gary.reese@calhouncotx.org Commissioner PCT 4 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark A. Havens Mark.Havens@GLO.TEXAS. GOV Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Clay Sebek clay.sebek@glo.texas.gov Team Lead, General Contracts Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign , Signature Timestamp Sent: 8/3112022 5:47:56 PM E? Viewed: 8/31/2022 9:08:40 PM Signed: 8/31/2022 9:10:26 PM Signature Adoption: Pre -selected Style Using IP Address: 104.15.130.4 Signed using mobile Sent: 8/31/2022 9:10:29 PM ,G Viewed: 8/3V2022 9:20:36 PM Signed: 8/31/2022 9:20:41 PM Signature Adoption: Pre -selected Style Using I Address: 107.129. 126.169 Signed using mobile Signature Status Status Status Status Status COPIED CMD Drafting Requests COPIED draftingrequests@GLO.TEXAS. GOV Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Sent: 8/31/2022 9:20:44 PM Viewed: 9/1/2022 7:42:38 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 8/31/2022 2:07:46 PM Sent: 8/31/2022 2:07:46 PM Carbon Copy Events Status Timestamp Not Offered via DocuSign Kelly McBride Sent: 8/31/2022 2:07:46 PM kelly,mcbride@glo.texas.gov COPIED Director of CMD Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lance White Sent: 8/3112022 ? COPIED Resent: 8/3 12022 2:44PM 2 PIM lance.white@glo.texas.gov Manager, Contracts Management Division Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Linh Phan sent: 8131120223:05:21 PM COPIED linh.phan@glo.texas.gov Viewed: 8/31/20223:05:46 PM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Santana Ramirez COPIED Sent: 8/31/2022 3:05:22 PM santana.ramirez@glo.texas.gov Executive Assistant Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Ashley Fletcher ashley.8etcher@glo.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 8131/2022 2:07:47 PM Payment Events Status Timestamps # zo NOTICE OF MEETING — 9/7/2022 20. Consider and take necessary action to authorize the County Clerk and Judge (if required) to sign the INTERLOCAL COOPERATION CONTRACT Department of State Health Services and the Texas HHS System — Data Use Agreement — SECURITY AND PRIVACY INQUIRY(SPI), Contract No. HHSREV100002457 that terminates on August 31, 2024 unless renewed, extended or terminated pursuant to the terms and conditions of the Contract. This contract will enable the County Clerk to issue abstract birth certificates from other counties. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 17 of 21 HHS Contract No: HHSREV100002457 Page 1 of 67 INTERLOCAL COOPERATION CONTRACT DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHSREV100002457 THE DEPARTMENT OF STATE HEALTH SERVICES ("DSHS" or "System Agency") and Calhoun County ("Local Govemment" or "Contractor"), each a "Party" and collectively the 'Parties," enter into the following contract to provide access to the Texas Electronic Registration Remote System ("TxEver") for the purpose of issuing individual birth certificate services (the "Contract") pursuant to the provisions of the "Interlocal Cooperation Act," Chapter 791 of the Texas Government Code. I. PARTIES System Agency Name: Department of State Health Services Contract Management Section Address: 1100 W 49' Street, MC 1990 City and Zip: Austin, TX 78756 Contact Person: Gretchen. Wells, Contract Manager Telephone:(512)776-2679 E-Mail: Gretchen.wells@dshs.texas.gov Agency Number: 357 Local Government Name: Calhoun County Calhoun County Clerk Address: 211 S Ann Street, Suite 102 City and Zip: Port Lavaca, TX 77979 Contact Person: Anna M. Goodman Telephone: 361-553-4416 E-Mail: Anna.Goodman@calhouncotx.org Agency Number: n/a II. STATEMENT OF SERVICES TO BE PROVIDED The Parties agree to cooperate to provide necessary and authorized services and resources in accordance with the terms of this Contract. Specific services provided are described in Attachment A — Interlocal Statement of Work. III. CONTRACT PERIOD AND RENEWAL The Contract is effective on the signature date of the latter of the Parties to sign this agreement and terminates on August 31, 2024, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. The Parties may extend this Contract subject to mutually agreeable terms and conditions. IV. AMENDMENT The Parties to this Contract may modify this Contract only through the execution of a written amendment signed by both parties. V. FEES AND PAYMENT FOR SERVICES All fees associated, and payments made in connection with this Contract, including the manner in which payments will be made are described in Attachment A— Interlocal Statement of Work. HHS Contract No: HHSREV100002457 Page 2 of 67 VI. LEGAL NOTICES Legal Notices under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services Contract Management Section 1100 W 49`t' Street, MC 1990 Austin, Texas 78756 Attention: General Counsel Local Government Calhoun County Office of the County Attorney 211 S Ann Street, Suite 302 Port Lavaca, TX 77979 Attention: Sara Rodriguez, County Attorney Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for receiving legal notice by notifying the other Party in writing. VII. CERTIFICATIONS The undersigned contracting Parties certify that: (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state government. (2) each Party executing this Contract on its behalf has full power and authority to enter into this Contract. (3) the proposed arrangements serve the interest of efficient and economical administration of state government; and (4) the services contracted for are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder. The System Agency further certifies that it has statutory authority to contract for the services described in this contract under Texas Health and Safety Code Chapter 191 and Texas Government Code Chapter 791. The Local Government further certifies that it has statutory authority to contract for the services described in this contract under Texas Health and Safety Code Chapter 191 and Texas Government Code Chapter 791. SIGNATURE PAGE FOLLOWS. DocuSlgn Envelope ID: 7F3BE43B-DFOA-4307-BC07-BOAC4BBBA618 HH5 Contract No: HHSREV100002457 Page 3 of 67 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. IMSREV100002457 eocuaigned by: Signature CALHOUN COUNTY /70c— lgnature Manda Hall, MD Anna M Goodman Printed Name Printed Name Associate Commissioner, Community Health Improvement County Clerk Title September 16, 2022 Date Title Gwyee2g .9 Z Date THE FOLLOWING ATTACHMENTS TO DSHS CONTRACT NO. HHSREV100002457 ARE HEREBY INCORPORATED BY REFERENCE: • ATTACHMENT A: INTERLOCAL STATEMENT OF WORK. • ATTACHMENT B: HHS UNIFORM TERMS AND CONDmoNs - GOvERNMENTAL ENTITY VERSION 3.2 (MAY 2020). • ATTACIIlVIENT C: HHS CONTRACT AFFIRMATIONS V. 2.1(OCT. 2021). • ATTACHMENT D: HHS DATA USE AGREEMENT, GOVERNMENTAL ENTITY VERSION 8.5 (OCT. 23, 2019); and • ATTACHMENT D-1: DATA USE AGREEMENT SECURITY AND PRIVACY INQUIRY VERSION 2.1(06/2018). HHS Contract No: HHSREV100002457 Page 4 of 67 ATTACHMENT A INTERLOCAL STATEMENT OF WORK I. RESPONSIBILITIES OF THE PARTIES A. Local Government may use the TxEver Remote System to search System Agency databases, locate data, and issue Certifications of Birth to authorized individuals requesting such data. The certifications will be in a format formally approved by System Agency. Local Government will take reasonable efforts to ensure use of the TxEver Remote System is not abused by its staff. Abuse of the access to confidential information in the TxEver Remote System may be cause for termination of this Contract in accordance with Section II.Q. B. System Agency agrees to provide on-line computer services related to Local Government's use of the TxEver Remote System, available from 7:00 a.m. to 6:00 p.m. (CST) Monday through Friday, except holidays. In the event of an emergency or computer application error, System Agency may temporarily suspend services without advance notice. C. Local Government will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note" paper, as specified by System Agency. System Agency will provide online assistance in connection of the equipment, furnish the software program and provide technical assistance, if necessary. D. Local Government acknowledges that records may not be located or records which are located may have errors due to: 1. Normal key -entry errors in spellings; 2. Accidental failure on the part of the System Agency to update a file for an amendment or paternity determination; and/or 3. The even year does not exist in the system. E. Local Government shall provide System Agency written notification oferrors or suspected errors that exist in the database information at no less than monthly intervals. F. Local Government shall maintain inventory control and account for each document produced on "bank note" paper, including voided documents. G. Local Government will issue Certificates of Birth utilizing remote access to the System Agency system in conformance with Health and Safety Code Chapters 191, 192 and 195, as well as 25 Tex. Admin. Code Chapter 181. H. The Parties are required to comply with all applicable state and federal laws relating to the privacy and confidentiality of this data and records, which includes Texas Government Code Section 552.115. I. The Parties will use confidential records and information obtained under this Contract only for purposes as described in this Contract and as otherwise allowed bylaw. HHS Contract No: HHSREV100002457 Page 5 of 67 I1. PERFORMANCE MEASURES The System Agency and Local Government will comply with following Contract Terms and Conditions: J. Governing Law. Regarding all issues related to this Contract's formation, performance, interpretation, and any issues that may arise in any dispute between the parties, the Contract will be governed by and construed in accordance with the laws of the State of Texas. K. Confidentiality, The Parties are required to comply with all applicable state and federal laws relating to the privacy and confidentiality of records that contain Personal Identifying Information (PII) or Personally Sensitive Information (PSI) or other information or records made confidential by law, including Tex. Bus. & Comm. Code Section 521.002. The attached Data Use Agreement (Attachment A) applies to this Contract. L. Exchange f Personal Identifying Information This Contract concerns personal identifying information. Except as prohibited by other law, Local Government and System Agency may exchange PII without consent, in accordance with Chapter 191 of the Health and Safety Code. M. Records Retention. System Agency will retain records in accordance with DSHS State ofTexas Records Retention Schedule at http://www.dshs.texas.gov/records/schedules.shtm, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. N. Severability. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. O. Waiver, Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract will not constitute a waiver of either Parry's rights under the Contract. P. Suspension of Services Under This Contract. In the event of an emergency or information technology system failure, System Agency may temporarily suspend services without advance notice. Use of services for purposes inconsistent with applicable law may also result in a suspension of services. Q. Termination, 1. Convenience. This Contract may be terminated by mutual agreement of the Parties. Either Party may terminate this Contract without cause by giving 30 days written notice of its intent to terminate to the non -terminating Party. HHS Contract No: HHSREV100002457 Page 6 of 67 2. Cause. This Contract maybe terminated for cause by either Party for breach or failure to perform an essential requirement of the Contract. Use of services for purposes inconsistent with applicable law may be cause for Contract termination. 3. Notice of Termination. Written notice may be sent by any method that provides verification of receipt, which will be calculated from the date of receipt by the non - terminating Party's Representative provided in Section VI of the Signature Document. 4. Equitable Settlement. At the end of the term of this Contract or termination as provided for in this Section, the Parties will equitably settle their respective accrued interests or obligations incurred prior to termination. IILINVOICE AND PAYMENT A. Fees. Local Government agrees to pay System Agency $1.83 for each Certification of Vital Record printed as a result of searches of the database. Local Government agrees to charge the same base search fee for a birth certificate as System Agency. Additional fees may only be charged as authorized by Texas Health and Safety Code Chapter 191 and 25 Tex. Admin. Code Chapter 181. DSH acknowledges that Local Government's payment obligations to System Agency are payable only from funds appropriated for the current fiscal year and currently available for the purpose of this Contract. Local Government shall provide System Agency with prompt notice of failure of Local Government to make adequate appropriation or a lack of current revenue for any given fiscal year. B. Billing. System Agency will send an itemized billing to Local Government on the 1st of every month for each Certification of Birth printed. This billing will be sent through the U.S. Postal Service to the Local Government at: Name: Anna Goodman, County Clerk Office address: Calhoun County 211 S Ann Street, Suite 102 Port Lavaca, TX 77979 Local Government will direct any billing inquiries either by phone to 512-776-7206 or email to vs..shtsinessservices(a)SvstemAeencv.texas.nov C. Payment Method. Local Government will remit payment to System Agency within thirty days after a billing is received by them. Payment by the Local Government will be considered made on the date postmarked. HHS Contract No: HHSREV100002457 Page 7 of 67 Local Government will send payments to System Agency at: Texas Department of State Health Services Cash Receipts Branch MC 2096 P.O. Box 149347 Austin, TX 78714-9347 Local Government will make payment to System Agency out of its current revenues. HHS Contract No: HHSREV100002457 ATTACHMENT B Page 8 of 67 Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Governmental Entity Version 3.2 Published and Effective - May 2020 Responsible Office: Chief Counsel Health and Human Services Uniform Terms and Conditions — Governmental Entity V.3.2—May 2020 Page 1 of 22 HHS Contract No: HHSREV100002457 Page 9 of 67 Table of Contents ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS......................................................................... 5 1.1 DEFINITIONS......................................................................................................................5 1.2 INTERPRETIVE PROVISIONS..............................................................................................6 ARTICLE H. PAYMENT PROVISIONS................................................................................................................ 7 2.1 PAYMENT...........................................................................................................................7 2.2 ANCILLARY AND TRAVEL EXPENSES................................................................................7 2.3 NO QUANTITY GUARANTEES............................................................................................7 2.4 TAXES................................................................................................................................7 ARTICLE DI. STATE AND FEDERAL FUNDING................................................................................................ 8 3.1 EXCESS OBLIGATIONS PROHIBITED.................................................................................8 3.2 NO DEBT AGAINST THE STATE.........................................................................................8 3.3 DEBT AND DELINQUENCIES...............................................................................................8 3.4 REFUNDS AND OVERPAYMENTS........................................................................................8 ARTICLE IV. WARRANTY, AFFIRMATIONS, ASSURANCES, AND CERTIFICATIONS .................................... 9 4.1 WARRANTY........................................................................................................................9 4.2 CONTRACT AFFIRMATIONS...............................................................................................9 4.3 FEDERAL ASSURANCES.....................................................................................................9 4.4 FEDERAL CERTIFICATIONS...............................................................................................9 ARTICLE V.INTELLECTUAL PROPERTY.......................................................................................................... 9 5.1 OWNERSHIP OF WORK PRODUCT.....................................................................................9 5.2 PERFORMING AGENCY'S PRE-EXISTING WORKS...........................................................10 5.3 THIRD PARTY IP..............................................................................................................10 5.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS...........................................11 5.5 DELIVERY UPON TERMINATION OR EXPIRATION..........................................................11 5.6 SURVIVAL.........................................................................................................................11 5.7 SYSTEM AGENCY DATA...................................................................................................I I ARTICLEVI. PROPERTY..................................................................................................................................12 6.1 USE OF STATE PROPERTY...............................................................................................12 6.2 DAMAGE TO GOVERNMENT PROPERTY..........................................................................12 6.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT....................12 Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 2 of 22 HHS Contract No: HHSREV100002457 Page 10 of 67 ARTICLE VH.RECORDRETENTION,AUDFr,ANDCONFIDENTIALITY ......................................................13 7.1 RECORD MAINTENANCE AND RETENTION.....................................................................13 7.2 AGENCY'S RIGHT TO AUDIT...........................................................................................13 7.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS ................................14 7.4 STATE AUDITOR'S RIGHT TO AUDIT..............................................................................14 7.5 CONFIDENTIALITY...........................................................................................................14 ARTICLE VIR. CONTRACT REMEDIES AND EARLY TERMINATION..........................................................14 8.1 CONTRACT REMEDIES.....................................................................................................14 8.2 TERMINATION FOR CONVENIENCE.................................................................................15 8.3 TERMINATION FOR CAUSE..............................................................................................15 8.4 PERFORMING AGENCY RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS............................................................................................................................15 ARTICLE IX. GENERAL PROVISIONS .............................................................................................................15 9.1 AMENDMENT...................................................................................................................15 9.2 INSURANCE......................................................................................................................15 9.3 LIMITATION ON AUTHORITY...........................................................................................16 9.4 LEGAL OBLIGATIONS......................................................................................................16 9.5 CHANGE IN LAWS AND COMPLIANCE WITH LAWS.........................................................16 9.6 E-VERIFY PROGRAM.......................................................................................................17 9.7 PERMITTING AND LICENSURE.........................................................................................17 9.8 SUBCONTRACTORS..........................................................................................................17 9.9 INDEPENDENT PERFORMING AGENCY............................................................................17 9.10 GOVERNING LAW AND VENUE........................................................................................18 9.11 SEVERABILITY.................................................................................................................18 9.12 SURVIVABILITY................................................................................................................18 9.13 FORCE MAJEURE.............................................................................................................18 9.14 DISPUTE RESOLUTION.....................................................................................................18 9.15 NO IMPLIED WAIVER OF PROVISIONS............................................................................19 9.16 MEDIA RELEASES............................................................................................................19 9.17 NO MARKETING ACTIVITIES..........................................................................................19 9.18 PROHIBITION ON NON -COMPETE RESTRICTIONS...........................................................19 9.19 SOVEREIGN IMMUNITY....................................................................................................20 9.20 ENTIRE CONTRACT AND MODIFICATION.......................................................................20 9.21 COUNTERPARTS...............................................................................................................20 Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 3 of 22 HHS Contract No: HHSREV100002457 Page 11 of 67 9.22 CIVIL RIGHTS..................................................................................................................20 9.23 ENTERPRISE INFORMATION MANAGEMENT STANDARDS..............................................21 9.24 DISCLOSURE OF LITIGATION..........................................................................................21 9.25 NO THIRD -PARTY BENEFICIARIES.................................................................................22 9.26 BINDING EFFECT.............................................................................................................22 Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 4 of 22 HHS Contract No: HHSREV100002457 Page 12 of 67 ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Contract, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the Parties, which documents changes to the Contract. "Contract" means the Signature Document, these Uniform Terms and Conditions, along with any attachments, and any Amendments, purchase orders, and Work Orders that may be issued by the System Agency. "Deliverables" means the goods, services, Work, and Work Product to be provided to System Agency under the Contract. "DSHS" means the Department of State Health Services. "Effective Date" means the date on which the Contract takes effect. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "HHSC" means the Health and Human Services Commission. "Health and Human Services" or "HHS" includes HHSC and DSHS. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual Property Rights" means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such rights may be evidenced by or embodied in: i. any idea, design, concept, personality right, method, process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code, website or web page design, literary work, pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment, by exclusive license, or by license with the right to grant sublicenses. "Local Government" means a Texas governmental unit defined under and authorized to enter this contract by Texas Government Code, Chapter 791. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 5 of 22 HHS Contract No: HHSREV100002457 Page 13 of 67 "Pat -ties" means the System Agency and Performing Agency, collectively. "Party" means either the System Agency or Performing Agency, individually. "Performing Agency" means the State Agency or Local Government providing the goods or services defined in this Contract. "Receiving Agency" means HHSC or DSHS, as applicable, Agency receiving the benefit of the goods or services provided under this Contract. "Signature Document" means the document executed by both Parties that sets forth all the documents that constitute the Contract. "Solicitation" means the document, if any, issued by the System Agency (including any published addenda, exhibits, and attachments) under which the goods or services provided under the Contract were initially requested, which is incorporated by reference for all purposes in its entirety. "Solicitation Response" means Performing Agency's full and complete response (including any attachments and addenda) to the Solicitation, which is incorporated by reference for all purposes in its entirety. "State Agency" means a Texas "Agency" as defined under Texas Government Code, Chapter 771. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas Textravel" means the Texas Comptroller of Public Accounts' state travel laws, rules, and policies. "System Agency" means HHSC or DSHS, as applicable. "Third Party IP" means the Intellectual Property Rights of any third party that is not a party to this Contract, and that is not a subcontractor. "Work" means all services to be performed, goods to be delivered, and any appurtenant actions performed, and items produced, conceived, or developed, including Deliverables. "Work Order" means an individually negotiated document that is executed by both Parties and which authorizes a Project, if any, in an indefinite quantity Contract. "Work Product" means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software, programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the Deliverables, that are developed, produced, generated, or provided by Performing Agency in connection with Performing Agency's performance of its duties under the Contract or through use of any funding provided under this Contract. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 6 of 22 HHS Contract No: HHSREV100002457 Page 14 of 67 whole and not to any particular provision, section, attachment, or schedule of this Contract unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute, rule, or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, or supplementing the statute or regulation. D. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. E. All attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. F. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative. G. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." H. Time is of the essence in this Contract. ARTICLE II. PAYMENT PROVISIONS 2.1 PAYMENT Payment shall be made in accordance with Government Code, Chapter 771, Government Code, Chapter 791, or Government Code, Chapter 2251.051, as applicable. 2.2 ANCILLARY AND TRAVEL EXPENSES A. Except as otherwise provided in the Contract, no ancillary expenses incurred by the Performing Agency in connection with its provision of the services or Deliverables will be reimbursed by the System Agency. Ancillary expenses include, but are not limited to costs associated with transportation, delivery, and insurance for each Deliverable. B. When the reimbursement of travel expenses is authorized by the Contract, all such expenses will be reimbursed in accordance with the rates set by the Texas Comptroller of Public Accounts' Textravel accessible at the Texas Comptroller of Public Accounts website. 2.3 No QUANTITY GUARANTEES The System Agency makes no guarantee of volume or usage of Work under this Contract. All Work requested may be on an irregular and as needed basis throughout the Contract term. 2.4 TAXES Purchases made for State of Texas use are exempt from the State Sales Tax and Federal Excise Tax. Performing Agency represents and warrants that it shall pay all taxes or similar amounts resulting from the Contract, including, but not limited to, any federal, State, or local income, sales or excise taxes of Performing Agency or its employees. System Agency shall not be liable for any taxes resulting from the contract. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 7 of 22 HHS Contract No: HHSREV100002457 Page 15 of 67 ARTICLE III. STATE AND FEDERAL FUNDING 3.1 EXCESS OBLIGATIONS PROHIBITED The Contract is subject to termination or cancellation, without penalty to the System Agency, either in whole or in part, subject to the availability of state funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Performing Agency's delivery or performance under the Contract impossible or unnecessary, the Contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Performing Agency for any damages that are caused or associated with such termination, or cancellation, and System Agency will not be required to give prior notice. 3.2 NO DEBT AGAINST THE STATE This Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBT AND DELINQUENCIES Performing Agency agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support. 3.4 REFUNDS AND OVERPAYMENTS A. At its sole discretion, the System Agency may: i. withhold all or part of any payments to Performing Agency to offset overpayments, unallowable or ineligible costs made to the Performing Agency, or if any required financial status report(s) is not submitted by the due date(s); or, ii. require Performing Agency to promptly refund or credit - within thirty (30) calendar days of written notice - any funds erroneously paid by System Agency which are not expressly authorized under the Contract. B. "Overpayments," as used in this Section, include payments: i. made by the System Agency that exceed the maximum allowable rates; ii. that are not allowed under applicable laws, rules, or regulations; or, iii. that are otherwise inconsistent with this Contract, including any unapproved expenditures. Performing Agency understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Performing Agency further understands and agrees that reimbursement of such disallowed costs shall be paid by Performing Agency from funds which were not provided or otherwise made available to Performing Agency under this Contract. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 8 of 22 HHS Contract No: HHSREV100002457 Page 16 of 67 ARTICLE IV. WARRANTY, AFFIRMATIONS, ASSURANCES, AND CERTIFICATIONS 4.1 WARRANTY Performing Agency warrants that all Work under this Contract shall be completed in a manner consistent with standards under the terms of this Contract, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Contract; and all Deliverables shall be fit for ordinary use, of good quality, and with no material defects. If System Agency, in its sole discretion, determines Performing Agency has failed to complete Work timely or to perform satisfactorily under conditions required by this Contract, the System Agency may require Performing Agency, at its sole expense, to: i. Repair or replace all defective or damaged Work; ii. Refund any payment Performing Agency received from System Agency for all defective or damaged Work and, in conjunction therewith, require Performing Agency to accept the return of such Work; and, iii. Take necessary action to ensure that Performing Agency's future performance and Work conform to the Contract requirements. 4.2 CONTRACT AFFIRMATIONS Performing Agency certifies that, to the extent Contract Affirmations are incorporated into the Contract under the Signature Document, the Performing Agency has reviewed the Contract Affirmations and that Performing Agency is in compliance with all requirements. 4.3 FEDERAL ASSURANCES Performing Agency certifies that, to the extent federal assurances are incorporated into the Contract under the Signature Document, the Performing Agency has reviewed the federal assurances and that Performing Agency is in compliance with all requirements. 4.4 FEDERAL CERTIFICATIONS Performing Agency certifies that, to the extent federal certifications are incorporated into the Contract under the Signature Document, the Performing Agency has reviewed the federal certifications and that Performing Agency is in compliance with all requirements. In addition, Performing Agency certifies that it is and shall remain in compliance with all applicable federal laws, rules, and regulations, as they may pertain to this Contract. ARTICLE V. INTELLECTUAL PROPERTY 5.1 OWNERSHIP OF WORK PRODUCT A. All right, title, and interest in the Work Product, including all Intellectual Property Rights therein, is exclusively owned by System Agency. Performing Agency and Performing Agency's employees will have no rights in or ownership of the Work Product or any other property of System Agency. B. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a "work made for hire" under applicable federal law, Performing Agency hereby irrevocably assigns and Health and Human Services Uniform Terms and Condition —Governmental Entity V.3.2—May 2020 Page 9 of 22 HHS Contract No: HHSREV100002457 Page 17 of 67 transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. C. Performing Agency agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. D. In the event that Performing Agency has any rights in and to the Work Product that cannot be assigned to System Agency, Performing Agency hereby grants to System Agency an exclusive, worldwide, royalty -free, transferable, irrevocable, and perpetual license, with the right to sublicense, to reproduce, distribute, modify, create derivative works of, publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that are incorporated in the Work Product by Performing Agency. Performing Agency shall provide System Agency access during normal business hours to all Vendor materials, premises, and computer files containing the Work Product. 5.2 PERFORMING AGENCY'S PRE-EXISTING WORKS A. To the extent that Performing Agency incorporates into the Work Product any works of Performing Agency that were created by Performing Agency or that Performing Agency acquired rights in prior to the Effective Date of this Contract ("Incorporated Pre-existing Works"), Performing Agency retains ownership of such Incorporated Pre-existing Works. B. Performing Agency hereby grants to System Agency an irrevocable, perpetual, non- exclusive, royalty -free, transferable, worldwide right and license, with the right to sublicense, to use, reproduce, modify, copy, create derivative works of, publish, publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in any medium, with or without the associated Work Product. C. Performing Agency represents, warrants, and covenants to System Agency that Performing Agency has all necessary right and authority to grant the foregoing license in the Incorporated Pre-existing Works to System Agency. 5.3 THIRD PARTY IP A. To the extent that any Third Parry IP is included or incorporated in the Work Product by Performing Agency, Performing Agency hereby grants to System Agency, or shall obtain from the applicable third party for System Agency's benefit, the irrevocable, perpetual, non-exclusive, worldwide, royalty -free right and license, for System Agency's internal business purposes only, i. to use, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such Third Party IP and any derivative works thereof embodied in or delivered to System Agency in conjunction with the Work Product, and ii. to authorize others to do any or all of the foregoing. B. Performing Agency shall obtain System Agency's advance written approval prior to incorporating any Third Party IP into the Work Product, and Performing Agency shall Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 10 of 22 HHS Contract No: HHSREV100002457 Page 18 of 67 notify System Agency on delivery of the Work Product if such materials include any Third Party IP. C. Performing Agency shall provide System Agency all supporting documentation demonstrating Performing Agency's compliance with this Section 5.3, including without limitation documentation indicating a third party's written approval for Performing Agency to use any Third Party IP that may be incorporated in the Work Product. 5.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Performing Agency shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Performing Agency's compliance with Performing Agency's obligations under this Article V. 5.5 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Contract or upon System Agency's request, Performing Agency shall deliver to System Agency all completed, or partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Performing Agency's failure to timely deliver such Work Product is a material breach of the Contract. Performing Agency will not retain any copies of the Work Product or any documentation or other products or results of Performing Agency's activities under the Contract without the prior written consent of System Agency. 5.6 SURVIVAL The provisions and obligations of this Article V survive any termination or expiration of the Contract. 5.7 SYSTEM AGENCY DATA A. As between the Parties, all data and information acquired, accessed, or made available to Performing Agency by, through, or on behalf of System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Performing Agency in the course of providing data processing services in connection with Performing Agency's performance hereunder (the "System Agency Data"), is owned solely by System Agency. B. Performing Agency has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Performing Agency to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. C. For the avoidance of doubt, Performing Agency is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non -governmental or commercial purposes, without the prior written consent of System Agency. D. Performing Agency shall make System Agency Data available to System Agency, including to System Agency's designated vendors, as directed in writing by System Agency. The foregoing shall be at no cost to System Agency. E. Furthermore, the proprietary nature of Performing Agency's systems that process, store, collect, and/or transmit the System Agency Data shall not excuse Performing Agency's performance of its obligations hereunder. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 11 of 22 HHS Contract No: HHSREV100002457 Page 19 of 67 ARTICLE VI. PROPERTY 6.1 USE OF STATE PROPERTY A. Performing Agency is prohibited from using State Property for any purpose other than performing services authorized under the Contract. B. State Property includes, but is not limited to, System Agency's office space, identification badges, System Agency information technology equipment and networks (e.g., laptops, portable printers, cell phones, iPads or tablets, external hard drives, data storage devices, any System Agency -issued software, and the System Agency Virtual Private Network (VPN client)), and any other resources of System Agency. C. Performing Agency shall not remove State Property from the continental United States. In addition, Performing Agency may not use any computing device to access System Agency's network or e-mail while outside of the continental United States. D. Performing Agency shall not perform any maintenance services on State Property unless the Contract expressly authorizes such services. E. During the time that State Property is in the possession of Performing Agency, Performing Agency shall be responsible for: i. all repair and replacement charges incurred by State Agency that are associated with loss of State Property or damage beyond normal wear and tear, and ii. all charges attributable to Performing Agency's use of State Property that exceeds the Contract scope. Performing Agency shall fully reimburse such charges to System Agency within ten (10) calendar days of Performing Agency's receipt of System Agency's notice of amount due. Use of State Property for a purpose not authorized by the Contract shall constitute breach of contract and may result in termination of the Contract and the pursuit of other remedies available to System Agency under contract, at law, or in equity. 6.2 DAMAGE TO GOVERNMENT PROPERTY A. In the event of loss, destruction, or damage to any System Agency or State of Texas owned, leased, or occupied property or equipment by Performing Agency or Performing Agency's employees, agents, Subcontractors, and suppliers, Performing Agency shall be liable to System Agency and the State of Texas for the full cost of repair, reconstruction, or replacement of the lost, destroyed, or damaged property. B. Performing Agency shall notify System Agency of the loss, destruction, or damage of equipment or property within one (1) business day. Performing Agency shall reimburse System Agency and the State of Texas for such property damage within 10 calendar days after Performing Agency's receipt of System Agency's notice of amount due. 6.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT In the event the Contract is terminated for any reason, or upon its expiration State Property remains the property of the System Agency and must be returned to the System Agency by the end date of the Contract or upon System Agency's request. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 12 of 22 HHS Contract No: HHSREV100002457 Page 20 of 67 ARTICLE VII. RECORD RETENTION, AUDITS AND CONFIDENTIALITY 7.1 RECORD MAINTENANCE AND RETENTION A. Performing Agency shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. B. Performing Agency shall maintain and retain legible copies of this Contract and all records relating to the performance of the Contract including supporting fiscal documents adequate to ensure that claims for contract funds are in accordance with applicable State of Texas requirements. These records shall be maintained and retained by Performing Agency for a minimum of seven (7) years after the Contract expiration date or seven (7) years after the completion of all audit, claim, litigation, or dispute matters involving the Contract are resolved, whichever is later. 7.2 AGENCY'S RIGHT TO AUDIT A. Performing Agency shall make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, supporting documents kept current by Performing Agency pertaining to the Contract for purposes of inspecting, monitoring, auditing, or evaluating by System Agency and the State of Texas. B. In addition to any right of access arising by operation of law, Performing Agency and any of Performing Agency's affiliate or subsidiary organizations, or subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, and any successor agencies. Each of these entities may be a duly authorized authority. C. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Performing Agency shall produce original documents related to this Contract. D. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. E. Performing Agency shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any subcontract it awards. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 13 of 22 HHS Contract No: HHSREV100002457 Page 21 of 67 7.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Performing Agency must act to ensure its and its subcontractors' compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the services and Deliverables provided. Any such correction will be at Performing Agency's or its Subcontractor's sole expense. Whether Performing Agency's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Performing Agency must provide to System Agency upon request a copy of those portions of Performing Agency's and its subcontractors' internal audit reports relating to the services and Deliverables provided to the State under the Contract. 7.4 STATE AUDITOR'S RIGHT TO AUDIT A. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, 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, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. B. The Performing Agency shall comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 7.5 CONFIDENTIALITY Performing Agency shall maintain as confidential and shall not disclose to third parties without System Agency's prior written consent, any System Agency information including but not limited to System Agency Data, System Agency's business activities, practices, systems, conditions and services. This section will survive termination or expiration of this Contract. The obligations of Performing Agency under this section will survive termination or expiration of this Contract. This requirement must be included in all subcontracts awarded by Performing Agency. ARTICLE VIII. CONTRACT REMEDIES AND EARLY TERMINATION 8.1 CONTRACT REMEDIES To ensure Performing Agency's full performance of the Contract and compliance with applicable law, the System Agency reserves the right to hold Performing Agency accountable for breach of contract or substandard performance and may take remedial or corrective actions, including, but not limited to: i. suspending all or part of the Contract; ii. requiring the Performing Agency to take specific actions in order to remain in compliance with the Contract; iii. recouping payments made by the System Agency to the Performing Agency found to be inerror; Health and Human Services Uniform Terms and Condition —Governmental Entity V.3.2—May 2020 Page 14 of 22 HHS Contract No: HHSREV100002457 Page 22 of 67 iv. suspending, limiting, or placing conditions on the Performing Agency's continued performance of Work; or v. imposing any other remedies, sanctions, or penalties authorized under this Contractor permitted by federal or state law. 8.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Contract, in whole or in part, at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency's notice of termination. 8.3 TERMINATION FOR CAUSE Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: i. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, in its sole discretion, that Performing Agency has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Performing Agency's duties under the Contract. Performing Agency's misrepresentation in any aspect of Performing Agency's Solicitation Response, if any, or Performing Agency's addition to the System for Award Management (SAM) exclusion list will also constitute a material breach of the Contract. ii. Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Performing Agency no longer maintains the financial viability required to complete the Work, or otherwise fully perform its responsibilities under the Contract. 8.4 PERFORMING AGENCY RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS If the System Agency terminates the Contract for cause, the Performing Agency shall be responsible to the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Performing Agency. These costs include, but are not limited to, the costs of procuring a substitute vendor and the cost of any claim or litigation attributable to Performing Agency's failure to perform any Work in accordance with the terms of the Contract. ARTICLE IX. GENERAL PROVISIONS 9.1 AMENDMENT The Contract may only be amended by an Amendment executed by both Parties. 9.2 INSURANCE A. Unless otherwise specified in this Contract, Performing Agency shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 15 of 22 HHS Contract No: HHSREV100002457 Page 23 of 67 fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Performing Agency shall provide evidence of insurance as required under this Contract, including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Performing Agency shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Performing Agency must produce renewal certificates for each type of coverage. B. These and all other insurance requirements under the Contract apply to both Performing Agency and its subcontractors, if any. Performing Agency is responsible for ensuring its subcontractors' compliance with all requirements. 9.3 LIMITATION ON AUTHORITY A. The authority granted to Performing Agency by the System Agency is limited to the terms of the Contract. B. Performing Agency shall not have any authority to act for or on behalf of the System Agency or the State of Texas except as expressly provided for in the Contract; no other authority, power, or use is granted or implied. Performing Agency may not incur any debt, obligation, expense, or liability of any kind on behalf of System Agency or the State of Texas. C. Performing Agency may not rely upon implied authority and is not granted authority under the Contract to: i. Make public policy on behalf of the System Agency; ii. Promulgate, amend, or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program; or iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas Legislature on behalf of the System Agency regarding System Agency programs or the Contract. However, upon System Agency request and with reasonable notice from System Agency to the Performing Agency, the Performing Agency shall assist the System Agency in communications and negotiations regarding the Work under the Contract with state and federal governments. 9.4 LEGAL OBLIGATIONS Performing Agency shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Performing Agency shall be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. 9.5 CHANGE IN LAWS AND COMPLIANCE WITH LAWS Performing Agency shall comply with all laws, regulations, requirements and guidelines applicable to a vendor providing services and products required by the Contract to the State of Texas, as these laws, regulations, requirements and guidelines currently exist and as amended Health and Human Services Uniform Terms and Condition —Governmental Entity V.3.2—May 2020 Page 16 of 22 I:648MiF.rd:Q6A:RF9:7��i - 1 Page 24 of 67 throughout the term of the Contract. System Agency reserves the right, in its sole discretion, to unilaterally amend the Contract to incorporate any modifications necessary for System Agency's compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines. 9.6 E-VERIFY PROGRAM Performing Agency certifies that for contracts for services, Performing Agency shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of the Contract to determine the eligibility of: i. all persons employed by Performing Agency to perform duties within Texas; and ii. all persons, including subcontractors, assigned by the Performing Agency to perform Work pursuant to the Contract within the United States of America. 9.7 PERMITTING AND LICENSURE At Performing Agency's sole expense, Performing Agency shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Performing Agency to provide the goods or services required by this Contract. Performing Agency shall be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Performing Agency shall be responsible for payment of any such government obligations not paid by its subcontractors during performance of this Contract. 9.8 SUBCONTRACTORS Performing Agency may not subcontract any or all of the Work and/or obligations under the Contract without prior written approval of the System Agency. Subcontracts, if any, entered into by the Performing Agency shall be in writing and be subject to the requirements of the Contract. Should Performing Agency subcontract any of the services required in the Contract, Performing Agency expressly understands and acknowledges that in entering into such subcontract(s), System Agency is in no manner liable to any subcontractor(s) of Performing Agency. In no event shall this provision relieve Performing Agency of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Contract. 9.9 INDEPENDENT PERFORMING AGENCY Performing Agency and Performing Agency's employees, representatives, agents, subcontractors, suppliers, and third -party service providers shall serve as independent contractors in providing the services under the Contract. Neither Performing Agency nor System Agency is an agent of the other and neither may make any commitments on the other parry's behalf. Performing Agency shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Contract shall not create any joint venture, partnership, agency, or employment relationship between Performing Agency and System Agency. Health and Human Services Uniform Terms and Condition —Governmental Entity V.3.2 —May 2020 Page 17 of 22 1.1:61114 ifiF.SdILlRA:1:l i:l:vfBDD➢➢2 Page 25 of 67 9.10 GOVERNING LAW AND VENUE This Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 9.11 SEVERABILITY If any provision of the Contract is held to be illegal, invalid or unenforceable by a court of law or equity, such construction will not affect the legality, validity or enforceability of any other provision or provisions of this Contract. It is the intent and agreement of the Parties this Contract shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is valid, legal and enforceable and that achieves the same objective. All other provisions of this Contract will continue in full force and effect. 9.12 SURVIVABILITY Expiration or termination of the Contract for any reason does not release Performing Agency from any liability or obligation set forth in the Contract that is expressly stated to survive any such expiration or termination, that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Contract, including without limitation the provisions regarding warranty, indemnification, confidentiality, and rights and remedies upon termination. 9.13 FORCE MAaEURE Neither Party shall be liable to the other for any delay in, or failure of performance of, any requirement included in the Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non -performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. 9.14 DISPUTE RESOLUTION A. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used to attempt to resolve any dispute arising under the Contract. If the Performing Agency's claim for breach of contract cannot be resolved informally with the System Agency, the claim shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, the Performing Agency shall submit written notice, as required by Chapter 2260, to the individual identified in the Contract for receipt of notices. Any informal resolution efforts shall in no way modify the requirements or toll the timing of the formal written notice of a claim for breach of contract required under §2260.051 of the Texas Government Code. Compliance by the Performing Agency with Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260. Health and Human Services Uniform Terms and Condition —Governmental Entity V.3.2—May 2020 Page 18 of 22 HHS Contract No: HHSREV100002457 Page 26 of 67 B. The contested case process provided in Chapter 2260 is the Performing Agency's sole and exclusive process for seeking a remedy for an alleged breach of contract by the System Agency if the Parties are unable to resolve their disputes as described above. C. Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by the System Agency, the Performing Agency shall continue performance and shall not be excused from performance during the period of any breach of contract claim or while the dispute is pending. However, the Performing Agency may suspend performance during the pendency of such claim or dispute if the Performing Agency has complied with all provisions of Section 2251.051, Texas Government Code, and such suspension of performance is expressly applicable and authorized under that law. 9.15 NO IMPLIED WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Performing Agency which is in violation or breach of the terms of the Contract shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 9.16 MEDIA RELEASES A. Performing Agency shall not use System Agency's name, logo, or other likeness in any press release, marketing material, or other announcement without System Agency's prior written approval. System Agency does not endorse any vendor, commodity, or service. Performing Agency is not authorized to make or participate in any media releases or public announcements pertaining to this Contract or the services to which they relate without System Agency's prior written consent, and then only in accordance with explicit written instruction from System Agency. B. Performing Agency may publish, at its sole expense, results of Performing Agency performance under the Contract with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 9.17 NO MARKETING ACTIVITIES Performing Agency is prohibited from using the Work for any Performing Agency or third - party marketing, advertising, or promotional activities, without the prior written consent of System Agency. The foregoing prohibition includes, without limitation, the placement of banners, pop-up ads, or other advertisements promoting Performing Agency's or a third party's products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Performing Agency as part of the Work. 9.18 PROHIBITION ON NON -COMPETE RESTRICTIONS Performing Agency shall not require any employees or subcontractors to agree to any conditions, such as non -compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. Health and Human Services Uniform Terms and Condition —Governmental Entity V.3.2—May 2020 Page 19 of 22 HHS Contract No: HHSREV100002457 Page 27 of 67 9.19 SOVEREIGN IMMUNITY Nothing in the Contract shall be construed as a waiver of the System Agency's or the State's sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement of, any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract. 9.20 ENTIRE CONTRACT AND MODIFICATION This Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible. 9.21 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 9.22 CIVIL RIGHTS A. Performing Agency shall comply with all applicable state and federal anti -discrimination laws, including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d, et seq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101, etseq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §6101, et seq.); v. Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681, et seq.); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011, et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. B. Performing Agency shall comply with all amendments to these laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any service or other benefit provided by Federal or State funding, or otherwise be subjected to discrimination. C. Performing Agency shall comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a Performing Agency from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. Civil rights laws require Performing Agency to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Performing Agency shall take Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 20 of 22 HHS Contract No: HHSREV100002457 Page 28 of 67 reasonable steps to provide services and information, both orally and in writing and electronically, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. D. Performing Agency shall post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: http://hhscx.hhsc.texas. eov/system-support-services/civil-rights/publications E. Performing Agency shall comply with Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 28 CFR Subpart G § 42.503, and Americans with Disabilities Act of 1990 and its implementing regulations at 28 CFR Subpart B §35.130 which includes requiring Performing Agency to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the Performing Agency can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. F. Performing Agency shall comply with federal regulations regarding equal treatment for faith -based organizations under 45 C.F.R. Part 87 or 7 C.F.R. Part 16, as applicable. Performing Agency shall not discriminate against clients or prospective clients on the basis of religion or religious belief, and shall provide written notice to beneficiaries of their rights. G. Upon request, Performing Agency shall provide the HHSC Civil Rights Office with copies of the Performing Agency's civil rights policies and procedures. H. Performing Agency must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Contract. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. This notice must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 Fax: (512) 438-5885. 9.23 ENTERPRISE INFORMATION MANAGEMENT STANDARDS Performing Agency shall conform to HHS standards for data management as described by the policies of the HHS Chief Data and Analytics Officer. These include, but are not limited to, standards for documentation and communication of data models, metadata, and other data definition methods that are required by HHS for ongoing data governance, strategic portfolio analysis, interoperability planning, and valuation of HHS System data assets. 9.24 DISCLOSURE OF LITIGATION A. The Performing Agency must disclose in writing to the contract manager assigned to this Contract any material civil or criminal litigation or indictment either threatened or pending involving the Performing Agency. "Threatened litigation" as used herein shall include governmental investigations and civil investigative demands. "Litigation" as used herein shall include administrative enforcement actions brought by governmental agencies. The Performing Agency must also disclose any material litigation threatened or pending Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 21 of 22 HHS Contract No: HHSREVl 00002457 Page 29 of 67 involving subcontractors, consultants, and/or lobbyists. For purposes of this section, "material" refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Contract or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Performing Agency's financial condition. B. This is a continuing disclosure requirement; any litigation commencing after Contract Award must be disclosed in a written statement to the assigned contract manager within seven calendar days of its occurrence. 9.25 No THIRD -PARTY BENEFICIARIES The Contract is made solely and specifically among and for the benefit of the Parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the Contract as a third -party beneficiary or otherwise. 9.26 BINDING EFFECT The Contract shall inure to the benefit of, be binding upon, and be enforceable against, each Party and their respective permitted successors, assigns, transferees, and delegates. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.2 —May 2020 Page 22 of 22 HHS Contract No: HHSREV100002457 ATTACHMENT C Page 30 of 67 HEALTH AND HUMAN SERVICES CONTRACT AFFIRMATIONS The term "System Agency" used in these affirmations means HHS or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under Texas law and the officers, employees, authorized representatives, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services. By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to System Agency are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that System Agency will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State 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 the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. HHS Contract No: HHSREV100002457 Page 31 of 67 5. Assignment A. Contractor shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from HHSC. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non -state agency that is contracted to perform agency support. Upon receipt of System Agency's notice of assignment, pledge, or transfer, Contractor shall cooperate with System Agency in giving effect to such assignment, pledge, or transfer, at no cost to System Agency or to the recipient entity 6. Terms and Conditions Attached to Response Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from System Agency's terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing. System Agency Right to Use Contractor agrees that System Agency has the right to use, produce, and distribute copies of and to disclose to System Agency employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as System Agency deems necessary to complete the procurement process or comply with state or federal laws. 8. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given, has not offered to give, and does not 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 in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. HHS Contract No: HHSREV100002457 Page 32 of 67 11. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, " published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorists Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not (1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or (3) a person who employs a current or former executive head of an HHS agency. HHS Contract No: HHSREV100002457 Page 33 of 67 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Technology Access A. Contractor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Contractor represents and warrants to System Agency that the technology provided to System Agency for purchase (if applicable under this Contract or any related Solicitation) is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: i. providing equivalent access for effective use by both visual and non -visual means; ii. presenting information, including prompts used for interactive communications, in formats intended for non -visual use; and iii. being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. B. For purposes of this Section, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as HHS Contract No: HHSREV100002457 Page 34 of 67 assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. C. In accordance with Section 2157.005 of the Texas Government Code, the Technology Access Clause contract provision remains in effect for any contract entered into before September 1, 2006. 24. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 25. Television Equipment Recycling If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 26. Cybersecurity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or employees of Contractor have access to any state computer system or database, the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. 27. Restricted Employment for Certain State Personnel Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 28. Disclosure of Prior State Employment If this Contract is for consulting services under Chapter 2254 of the Texas Government Code, in accordance with Section 2254.033 of the Texas Government Code, Contractor certifies that it does not employ an individual who was employed by System Agency or another agency at any time during the two years preceding the submission of any related HHS Contract No: HHSREV100002457 Page 35 of 67 Solicitation Response related to this Contract or, in the alternative, Contractor has disclosed in any related Solicitation Response the following: i. the nature of the previous employment with System Agency or the other agency; ii. the date the employment was terminated; and iii. the annual rate of compensation at the time of the employment was terminated. 29. No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor's provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that, if after execution of the Contract, Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to HHSC. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by HHSC as a potential conflict. HHSC reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by HHSC's decision. 30. Fraud, Waste, and Abuse Contractor understands that System Agency does not tolerate any type of fraud. The agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or contractors who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately report the questionable activity to both the Health and Human Services Commission's Office of the Inspector General at 1-800-436-6184 and the State Auditor's Office. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud including, but not limited to, HHS Circular C-027. 31. Antitrust The undersigned affirms under penalty of perjury of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; B. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust law; and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor. HHS Contract No: HHSREV100002457 Page 36 of 67 32. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to System Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. In addition, Contractor acknowledges this is a continuing disclosure requirement. Contractor represents and warrants that Contractor shall notify System Agency in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. 33. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 34. Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 35. Entities that Boycott Israel Pursuant to Section 2271.002 of the Texas Government Code, Contractor certifies that either: i. it meets an exemption criteria under Section 2271.002; or ii. it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this Solicitation. If Contractor refuses to make that certification, HHS Contract No: HHSREV100002457 Page 37 of 67 Contractor shall state here any facts that make it exempt from the boycott certification: 36. E-Verify Program Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of this Contract to determine the eligibility of: i, all persons employed by Contractor to perform duties within Texas; and ii. all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 37. Professional or Consulting Contract If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor's employees including, but not limited to, those authorized to provide services under the contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the contract. 38. Former Agency Employees Contractor represents and warrants, during the twelve (12) month period immediately prior to the date of the execution of this Contract, none of its employees including, but not limited to those who will provide services under the Contract, was an employee of an HHS Agency. Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving former and retired state agency employees), Contractor will not allow any former employee of the System Agency to perform services under this Contract during the twelve (12) month period immediately following the employee's last date of employment at the System Agency. 39. Disclosure of Prior State Employment If this Contract is for consulting services, A. In accordance with Section 2254.033 of the Texas Government Code, a Contractor providing consulting services who has been employed by, or employs an individual who has been employed by, HHSC or another State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct, and complete: i. Name of individual(s) (Respondent or employee(s)); ii. Status; iii. The nature of the previous employment with HHSC or the other State of Texas agency; HHS Contract No: HHSREV100002457 Page 38 of 67 iv. The date the employment was terminated and the reason for the termination; and v. The annual rate of compensation for the employment at the time of its termination. B. If no information was provided in response to Section A above, Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by HHSC or any other State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services. 40. Abortion Funding Limitation Contractor understands, acknowledges, and agrees that, pursuant to Article IX, Section 6.25 of the General Appropriations Act (the Act), to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: i. performs an abortion procedure that is not reimbursable under the state's Medicaid program; ii. 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 iii. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program. The provision does not apply to a hospital licensed under Chapter 241, Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX, Section 6.25. 41. Funding Eligibility Contractor understands, acknowledges, and agrees that, pursuant to Chapter 2272 of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 of the Texas Government Code. If Contractor refuses to make that certification, Contractor shall state here any facts that make it exempt from the certification: 42. False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 43. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material HHS Contract No: HHSREV100002457 Page 39 of 67 misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 44. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 45. Drug -Free Workplace Contractor represents and warrants that it shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (41 U.S.C. §701 et seq.) and maintain a drug -free work environment. 46. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. 47. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15). 48. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK HHS Contract No: HHSREV100002457 HHS Contract No: HHSREV100002457 Page 40 of 67 Page 18 of 45 Authorized representative on behalf of Contractor must complete and sign the following: The County of Calhoun Texas Legal Name of Contractor Assumed Business Name of Contractor, if applicable (D.B.A. or `doing business as') Texas County(s) for Assumed Business Name (D.B.A. or `doing business as') Attach Assumed Name Certificate(s) for each County 1//laOdmGiM_ 08/17/2022 ignature of Authorized Representative Date Signed Anna M Goodman Printed Name of Authorized Representative First, Middle Name or Initial, and Last Name 211 South Ann Street #102 Physical Street Address Mailing Address, if different County Clerk Title of Authorized Representative Port Lavaca, TX 77979 City, State, Zip Code City, State, Zip Code 361-5534411 361-553-4420 Phone Number Fax Number anna.goodman@calhouncotx.org Email Address 74-6001923 Federal Employer Identification Number Texas Franchise Tax Number DUNS Number Texas Payee ID No. —11 digits Texas Secretary of State Filing Number HH5 Contract No: HHSREV100002457 Page 41 of 67 ATTACHMENT D HHS DATA USE AGREEMENT This Data Use Agreement ("DUA"), effective as of the date the Base Contract into which it is incorporated is signed ("Effective Date"), is entered into by and between a Texas Health and Human Services Enterprise agency ("HHS"), and the Contractor identified in the Base Contract, a political subdivision of the State of Texas ("CONTRACTOR. ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information. 45 CFR 164.504(e)(1)-(3). This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User" means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; HHS Contract No: HHSREV100002457 Page 42 of 67 (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR, or that CONTRACTOR may, for an Authorized Purpose, create, receive, maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein "PHI"); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative" of the Individual, as defined by Texas law, including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code § 166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in HHS Contract No: HHSREV100002457 Page 43 of 67 a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR 164.502(h)(1); 45 CFR 164.514(d) (B) Except as Required by Law, CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 C.F.R. 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management, to carry out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code §181.101 All of CONTRACTOR's Authorized Users, Workforce and Subcontractors with access to a state computer system or database will complete a cybersecurity training program certified under Texas Government Code Section 2054.519 by the Texas Department of Information Resources or offered under Texas Government Code Sec. 2054.519(f). (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.F.R. 164.308(a)(1)(ii)(C); 164.530(e); 164.410(b); 164.530(h)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(fi)(A) (E) CONTRACTOR will not attempt to re -identify or further identify Confidential Information or De -identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Pu ose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and (4); Texas Health & Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply HHS Contract No: HHSREV100002457 Page 44 of 67 with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(ii); 164.504(e)(1)(i) and (2). (G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.524and 164.504(e)(2)(ii)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164.504(e)(2)(ii)(E) and (F). (J) If PHI is subject to this Agreement, CONTRACTOR will document and make available to HITS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164.504(e)(2)(ii)(G) and 164.528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308, 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's HHS Contract No: HHSREV100002457 Page 45 of 67 legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if: 45 CFR 164.504(e)(4)(A). (1) Disclosure is Required by Law, provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.5 04(e) (4) (i i) (B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS, use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. § 164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction. If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(fi)(-9 HHS Contract No: HHSREV100002457 Page 46 of 67 (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information, CONTRACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry (SPI) at Attachment 1 . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Pumose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (MIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306 (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d). HHS Contract No: HHSREV100002457 Page 47 of 67 (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308, 164.316; 164.514(d); 164.530(i)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308; 164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(e)(2)(i)(I). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws. A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule, regulation or law, HHS Confidential Information at rest requires Encry tp ion unless there is other adequate administrative, technical, and physical security. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De -identification of HHS Confidential Information is a means of security. With respect to de -identification of PHI, "secure" means de -identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312, 164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; HHS Contract No: HHSREV100002457 Page 48 of 67 • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (MIST) Special Publication 800-66 Revision 1— An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A — Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying ine Information it creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. HHS Contract No: HHSREV100002457 Page 49 of 67 (A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing, initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice. No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available: For (a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach; including how it occurred and who is responsible (or hypotheses, if not yet determined); HHS Contract No: HHSREV100002457 Page 50 of 67 (d) A brief description of CONTRACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; (f) Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age, telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); 0) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and HHS Contract No: HHSREV100002457 Page 51 of 67 (m) Any reasonably available, pertinent information, documents or reports related to an Event or Breach that HHS requests following Discovery. 4.02 Investigation, Response and Mitigation. 45 CFR 164.308, 310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third -parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third -parties, or any notice required by other state or federal authorities. HHS shall have ten (10) business days to provide said feedback to CONTRACTOR. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll -free telephone number, if required by applicable law, rule, or regulation, for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. HHS Contract No: HHSREV100002457 Page 52 of 67 (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made. If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation, receipt, maintenance, use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection, HHS's agent(s) include, without limitation, the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. HHS Contract No: HHSREV100002457 Page 53 of 67 (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation, the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible, HHS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. 6.05 Governing Law, Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6.06 Injunctive Relief HHS Contract No: HHSREV100002457 Page 54 of 67 (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self -insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be HHS Contract No: HHSREV100002457 Page 55 of 67 enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6.10 Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or (ii) any change in the judicial or administrative interpretation of any such law, regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. HHS Contract No: HHSREvl 00002457 Pa a 34 t 45 g o TEs Texas HHS System -Data Use Agreement -Attachment D-1 ye; Health and Human SECURITY AND PRIVACY INQUIRY (SPI) Services If you are a bidder for a new procurement/contract, in order to participate in the bidding process, you must have corrected any "No" responses (except A9a) prior to the contract award date. If you are an applicant for an open enrollment, you must have corrected any "No" answers (except A9a and All) prior to performing any work on behalf of any Texas HHS agency. For any questions answered "No" (except A9a and Ail), an Action Plan forCompliance with a Timeline must be documented in the designated area below the question. The timeline for compliance with HIPAA-related requirements for safeguarding Protected Health Information is 30 calendar days from the date this form is signed. Compliance with requirements related to other types of Confidential Information must be confirmed within 90 calendar days from the date the form is signed. SECTION A: APPLICANT/BIDDER INFORMATION (To be completed by Applicant/Bidder) -==NEW 1. Does the applicant/bidder access, create, disclose, receive, transmit, maintain, or store Texas ® Yes HHS Confidential Information in electronic systems (e.g., laptop, personal use computer, t'No mobile device, database, server, etc.)? IF NO, STOP. THE SPI FORM IS NOT REQUIRED. 2. Entity or Applicant/Bidder Legal Name Legal Name: The County of Calhoun Texas Legal Entity Tax Identification Number (TIN) (Last Four Numbers Only): 1923 Procurement/Contract#: Address: 211 South Ann Street #102 City: Port Lavaca State: Texas Zip: 77979 Telephone #: (361) 553-4411 Email Address: anna.goodman@calhouncotx.org 3. Number of Employees, at all locations, in Total Employees: 8 Applicant/Bidder's Workforce "Workforce" means all employees, volunteers, trainees, and other Persons whose conduct is under the direct control of Applicant/Bidder, whether or not they are paid by Applicant/ Bidder. if Applicant/BidderIs a sole proprietor, the workforce may be only one employee. 4. Number of Subcontractors Total Subcontractors: 0 (if Applicant/Bidder will not use subcontractors, enter "o") S. Name of Information Technology Security Official A. Security Official: and Name of Privacy Official for Applicant/Bidder Legal Name: Ron Reger (Privacy and Security Official may be the same person.) Address: 117 W Ash Street City: Port Lavaca State: Texas ZIP: 77979 Telephone M (361) 553-4608 Email Address: ron.reger@calhouncotx.org B. Privacy Official: Legal Name: Ron Reger Address: 117 W Ash Street City: Port Lavaca State: Texas ZIP: 77979 Telephone #: (361) 553-4608 Email Address: ron.reger@calhouncotx.org SPI Version 2.1(0612018) Texas HHSSystem- Data Use Agreement -Attachment 2: Page 1of18 SECURITY AND PRIVACY INQUIRY (SPI) HHS Contract No: HHSRFV700002457 Page 35 of 45 6. Typetf iftiiFafsf hfiftMWif fiformation the HIPAA CIIS IRS FTI CMS Pa%fi7 of 57 pil Applicant/Bidder will create, receive, maintain, use, Ej Ej I 13 I ❑ ® El disclose or have access to: (Check all that apply) Other (Please List) • Health Insurance Portability and AccountabilityAct (HIPAA) data • GlminaiJustice lnformation Services (015) data • Internal Revenue Service Federal Tax Information (IRS Fri) data • Centers for Medicare & Medicaid Services (CMS) • Social Security Administration (SSA) • Personally Identl able Information (Pil) 7. Number of Storage Devices for Texas HHS Confidential Information (as defined in the Total # Texas HHS System Data Use Agreement (DUA)) (Sum a-d) Cloud Services Involve using a network of remote servers hosted on the Internet to store, 9 manage, and process data, rather than a local server or a personal computer. A Data Center is a centralized repository, either physical or virtual, forthe storage, management, and dissemination of data and information organized around aparticular body of knowledge or pertaining to a particular business. a. Devices. Number of personal user computers, devices or drives, including mobile devices and mobile drives. b. Servers. Number of Servers that are not in a data center or using Cloud Services. 1 c. Cloud Services. Number of Cloud Services in use. 1 d. Data Centers. Number of Data Centers in use. 0 S. Number of unduplicated Individuals for whom Applicant/Bidder reasonably expects to Select Option handle Texas HHS Confidential Information during one year: (a-d) a. 499 individuals or less (' a. b. 500 to 999 individuals 0 b. c. 1,000 to 99,999 individuals 0 C. d. 100,000 individuals or more 0 d. 9. HIPAA Business Associate Agreement a. Will Applicant/Bidder use, disclose, create, receive, transmit or maintain protected Yes health information on behalf of a HIPAA-covered Texas HHS agency for a HIPAA- O No covered function? b. Does Applicant/Bidder have a Privacy Notice prominently displayed on a Webpage or a ® Yes Public Office of Applicant/Bidder's business open to or that serves the public? (This is a (E) No HIPAA requirement. Answer "N/A" if not applicable, such as for agencies not covered O N/A by HIPAA.) AMM Pla0 for Compliance with a Timeline: Compliance Date: Check with IT about privacy disclaimer. 7131122 10. Subcontractors. If the Applicant/Bidder responded "0" to Question 4 (indicating no subcontractors), check "N/A" for both 'a.' and'b.' a. Does Applicant/Bidder require subcontractors to execute the DUA Attachment 1 Q Yes Subcontractor Agreement Form? 0 No •0 N/A Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (NI12018) Texas HHS System - Data Use Agreement - Attachment 2: Page 2 of 18 SECURITY AND PRIVACY INQUIRY (SPI) HHS Contract No; H U$R -Vi QQQo2457 Page 36 of 45 b. Will Applicant/Bidder agree to require subcontractors who will access Confidential Yes Information to comply with the terms of the DUA, not disclose any Confidential o No Information to them until they have agreed in writing to the same safeguards and to N/A discontinue their access to the Confidential Information if they fail to comply? Action Plan >Q Compliance with a Timeline: Compliance Date: 11. Does Applicant/Bidder have any Optional Insurance currently in place? Yes Optional Insurance provides coverage for: (1) Network Security and Privacy; (2) Data Breach; (3) Cyber No Liability (lost data, lost use or delay/suspension in business, denial of service with e-business, the Internet, networks and Informational assets, such as privacy, intellectual property, virus transmission, extortion, © N/A sabotage or web activities); (4) Electronic Media Liability; (5) Crime/Theft; (6) Advertising Injury and Personal Injury Liability; and (7) Crisis Management and Notification Expense Coverage. SPI Version 2.1 (06/2018) Texas HHS System - Data Use Agreement -Attachment 2: Page 3 of 18 SECURITY AND PRIVACY INQUIRY (SPI) HHS Contract No: HHSREV100002457 Page 37 of 45 SECTION 13: PkIVACY RISK ANALYSIS AND ASSESSMENT (To be completed byApplicant/Bidder) For any questions answered "No," an Action Plan for Compliance with a Timeline must be documented in the designated area below the question. The timeline for compliance with HIPAA-related requirements for safeguarding Protected Health Information is 30 calendar days from the date this form is signed. Compliance with requirements related to other types of Confidential Information must be confirmed within 40 calendar days from the date the form is signed. 1. Written Policies & Procedures. Does Applicant/Bidder have current written privacy and Yes or No security policies and procedures that, at a minimum: a. Does Applicant/Bidder have current written privacy and security policies and Yes procedures that identify Authorized Users and Authorized Purposes (as defined in the ©No DUA) relating to creation, receipt, maintenance, use, disclosure, access or transmission of Texas HHS Confidential Information? Action Plan for Comoliance with a Timeline: Compliance Date: b. Does Applicant/Bidder have current written privacy and security policies and Yes procedures that require Applicant/Bidder and its Workforce to comply with the ®No applicable provisions of HIPAA and other laws referenced in the DUA, relating to creation, receipt, maintenance, use, disclosure, access or transmission of Texas HHS Confidential Information on behalf of a Texas HHS agency? Action Plan for Compliance with a Timeline: Compliance Date: c. Does Applicant/Bidder have current written privacy and security policies and procedures (E) Yes that limit use or disclosure of Texas HHS Confidential Information to the minimum that is ®No necessary to fulfill the Authorized Purposes? Action Plan for Compliance with a Timeline: Compliance Date: d. Does Applicant/Bidder have current written privacy and security policies and procedures Yes that respond to an actual or suspected breach of Texas HHS Confidential Information, to "No" ® No include at a minimum (if any responses are check "No" for all three): 1. Immediate breach notification to the Texas HHS agency, regulatory authorities, and other required Individuals or Authorities, in accordance with Article 4 of the DUA; ii. Following a documented breach response plan, in accordance with the DUA and applicable law; & iii. Notifying Individuals and Reporting Authorities whose Texas HHS Confidential Information has been breached, as directed by the Texas HHS agency? BPI version 2.1 (0812018) Texas HHS System - Data Use Agreement - Attachment 2: Page 4 of 18 SECURITY AND PRIVACY INQUIRY (SPI) HHS Contract No: HHSREV100002457 Pacie 38 of 45 ActiISt44$P@idl'8oliM WE°.P Anne: 2fflROPh%W7Date: e. Does Applicant/Bidder have current written privacy and security policies and procedures that conduct annual workforce training and monitoring for and correction of any training delinquencies? Yes ®No ctlon Plan for Compliance with a Timeline: Compliance Date: f. Does Applicant/Bidder have current written privacy and security policies and procedures that permit or deny individual rights of access, and amendment or correction, when appropriate? I'. Yes ® No Action Plan for Compliance with a Timeline: Compliance Date: g. Does Applicant/Bidder have current written privacy and security policies and procedures 0 Yes that permit only Authorized Users with up-to-date privacy and security training, and with a reasonable and demonstrable need to use, disclose, create, receive, maintain, No access or transmit the Texas HHS Confidential Information, to carry out an obligation under the DUA for an Authorized Purpose, unless otherwise approved in writing by a Texas HMS agency? Action Plan for Compliance with a Timeline: Compliance Date: h. Does Applicant/Bidder have current written privacy and security policies and procedures that establish, implement and maintain proof of appropriate sanctions against any Workforce or Subcontractors who fail to comply with an Authorized Purpose or who is (F) Yes (� No not an Authorized User, and used or disclosed Texas HHS Confidential Information in violation of the DUA, the Base Contract or applicable law? Action Plan for Compliance with a Timeline: Compliance Date: i. Does Applicant/Bidder have current written privacy and security policies and procedures that require updates to policies, procedures and plans following major changes with use or disclosure of Texas HHS Confidential Information within 60 Yes r,1, No days of identification of a need for update? Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (06/2018) Texas HHS System - Data Use Agreement - Attachment 2: Page 5 of 18 SECURITY AND PRIVACY INQUIRY (SPI) HHS Contract No: HHSREV100002457 Pay,. au �r 45 i. Do&Ali}4M`t5ft JWP@Ha nt written privacy and security policies and Pagp. gi67 procedures that restrict permissions or attempts to reidentify or further identify O No de -identified Texas HHS Confidential Information, or attempt to contact any Individuals whose records are contained in the Texas HHS Confidential Information, except for an Authorized Purpose, without express written authorization from a Texas HHS agency or as expressly permitted by the Base Contract? Action Plan for Compliance with a Timeline: Compliance Date: k. If Applicant/Bidder intends to use, disclose, create, maintain, store or transmit Texas HHS 0 Yes Confidential Information outside of the United States, will Applicant/Bidder obtain the O No express prior written permission from the Texas HHS agency and comply with the Texas HHS agency conditions for safeguarding offshore Texas HHS Confidential Information? Action Plan for Compliance with a Timeline: Compliance Date: I. Does Applicant/Bidder have current written privacy and security policies and procedures (F) Yes that require cooperation with Texas HHS agencies' or federal regulatory inspections, ®No audits or investigations related to compliance with the DUA or applicable law? Action Plan for Comoliance with a Timeline: Compliance Date: m. Does Applicant/Bidder have current written privacy and security policies and OYes procedures that require appropriate standards and methods to destroy or dispose of O No Texas HHS Confidential Information? Action Plan for Compliance with a Timeline: Compliance Date: In. Does Applicant/Bidder have current written privacy and security policies and procedures (E) Yes that prohibit disclosure of Applicant/Bidder's work product done on behalf of Texas HHS O No pursuant to the DUA, or to publish Texas HHS Confidential Information without express prior approval of the Texas HHS agency? Action Plan for Compliance with a Timeline: Compliance Date: 2. Does Applicant/Bidder have a current Workforce training program? 0 Yes Trainingof Workforce must occur at least once every year, and within 30 days of date of hiring a new O No Workforce member who will handle Texas HHS Confidential Information. Training must include: (1) privacy and security policies, procedures, plans and applicable requirements for handling Texas HHS Confidential Information, (2) a requirement to complete training before access is given to Texas HHS Confidential Information, and (3) written proof of training and a procedure for monitoring timely completion of training. SPI Version 2.1 (0612018) Texas HHS System -Data Use Agreement - Attachment 2: Page 6 of 18 SECURITY AND PRIVACY INQUIRY (SPI) HHS Contract No: HHSREVI 00002457 Page 40 of 45 ActiUN*I9HV2tM0MWtRAR09RWine: EBROP44 bate: 3. Does Applicant/Bidder have Privacy Safeguards to protect Texas HHS Confidential 0 Yes Information in oral, paper and/or electronic form? O No "Privacy Safeguards" means protection of Texas HHS Confidential Information by establishing, implementing and maintaining required Administrative, Physical and Technical policies, procedures, processes and controls, required by the DUA, HIPAA (45 CFR 164.530), Social Security Administration, Medicaid and laws, rules or regulations, as applicable. Administrative safeguards include administrative protections, policies and procedures for matters such as training, provision of access, termination, and review of safeguards, incident management, disaster recovery plans, and contract provisions. Technical safeguards include technical protections, policies and procedures, such as passwords, logging, emergencies, how paper is faxed or mailed, and electronic protections such as encryption of data. Physical safeguards include physical protections, policies and procedures, such as locks, keys, physical access, physical storage and trash. Action Plan for Compliance with a Timeline: Comoliance Date: 4. Does Applicant/Bidder and all subcontractors (if applicable) maintain a current list of Q Yes Authorized Users who have access to Texas HHS Confidential Information, whether oral, written or electronic? ONO Action Plan for Compliance with a Timeline: Compliance Date: S. Does Applicant/Bidder and all subcontractors (if applicable) monitor for and remove Q Yes terminated employees or those no longer authorized to handle Texas HHS Confidential Information from the list of Authorized Users? ONO Action Plan for Comoliance with a Timeline: Compliance Date: SPI Version 2.1 (06/2018) Texas HHS System -Data Use Agreement- Attachment 2: Page 7 of 18 SECURITY AN D PRIVACY INQUIRY (SPI) HHS Contract No: HHSREV100002457 Page 41 of 45 SECTION. be completed ..- This section Is about your electronic system. If your business DOES NOT store, access, or No Electronic' transmit Texas HHS Confidential information in electronic systems (e.g., laptop, personal Systems use computer, mobile device, database, server, etc.) select the box to the right, and "YES" will be entered for all questions in this section. For any questions answered "No," an Action Plan for Compliance with a Timellne must be documented in the designated area below the question. The timeline for compliance with HIPAA-related items is 30 calendar days, PII-related items is 90 calendar days. 1. Does the Applicant/Bidder ensure that services which access, create, disclose, receive, Yes transmit, maintain, or store Texas HHS Confidential Information are maintained IN the O No United States (no offshoring) unless ALL of the following requirements are met? a. The data is encrypted with FIPS 140-2 validated encryption b. The offshore provider does not have access to the encryption keys c. The Applicant/Bidder maintains the encryption key within the United States d. The Application/Bidder has obtained the express prior written permission of the Texas HHS agency For more Information regarding FIP5140.2 encryption products, please refer to: http:I/csrc. nist. aov/publicotions/0ps Action Plan for Compliance with a Timeline: Compliance Date: 2. Does Applicant/Bidder utilize an IT security -knowledgeable person or company to maintain (Yes or oversee the configurations of Applicant/Bidder's computing systems and devices? () No Action Plan for Compliance with a Timeline: Compliance Date: 3. Does Applicant/Bidder monitor and manage access to Texas HHS Confidential Information (!)Yes (e.g., a formal process exists for granting access and validating the need for users to access O No Texas HHS Confidential Information, and access is limited to Authorized Users)? Action Plan for Compliance with a Timeline: Compliance Date: 4. Does Applicant/Bidder a) have a system for changing default passwords, b) require user (F)Yes password changes at least every 90 calendar days, and c) prohibit the creation of weak © No passwords (e.g., require a minimum of 8 characters with a combination of uppercase, lowercase, special characters, and numerals, where possible) for all computer systems that access or store Texas HHS Confidential Information. If yes, upon request must provide evidence such as a screen shot or a system report. Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (OW018) Texas HHS System - Data Use Agreement -Attachment 2: Page 8 of 18 SECURITY AND PRIVACY INQUIRY (SPI) HMS Contract No: HHSREV100002457 Pace 42 of 45 5. Does c&%Wffh 4 &>9VpY(k.°8fl43t§i&der's Workforce who will use, disclose, create, receive, Paaaloe557 VVONo transmit or maintain Texas HHS Confidential Information have a unique user name (account) and private password? Action Plan for Compliance with a Timeline: Compliance Date: 6. Does Applicant/Bidder lock the password after a certain number of failed attempts and Q Yes after 15 minutes of user inactivity in all computing devices that access or store Texas HHS Confidential Information? o No Action Plan for Compliance with a Timeline: Compliance. Date: 7. Does Applicant/Bidder secure, manage and encrypt remote access (including wireless access) to computer systems containing Texas HHS Confidential Information? (e.g., a formal process exists for granting access and validating the need for users to remotely access Texas Q Yes O No HHS Confidential Information, and remote access is limited to Authorized Users). Encryption Is required for all Texas HHS Confidential Information. Additionally, FIPS 14D-2 validated encryption Is required for Health Insurance Portability and Accountability Act (HIPAA) data, Cominallustice Information Services (CIS) data, Internal Revenue service Federal Tax Information (IRS Fn) data, and Centers for Medicare & Medicaid Services (CMS) data. For more information regarding FIPS 140-2 encryption products, please refer to; ht(P.Wictrc.nisI.gov/publications/fins Action Plan for Compliance with a Timeline: Compliance Date: S. Does Applicant/Bidder implement computer security configurations or settings for all 0Yes computers and systems that access or store Texas HHS Confidential Information? (e.g., non -essential features or services have been removed or disabled to reduce the ©No threat of breach and to limit exploitation opportunities for hackers or intruders, etc.) Action Plan for Compliance with a Timeline: Compliance Date: 9. Does Applicant/Bidder secure physical access to computer, paper, or other systems (E)Yes containing Texas HHS Confidential Information from unauthorized personnel and theft (e.g., door locks, cable locks, laptops are stored in the trunk of the car instead of the No passenger area, etc.)? Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (06/2018) Texas HHS System - Data Use Agreement -Attachment 2: Page 9 of 18 SECURITY AND PRIVACY INQUIRY (SPI) HHS Contract No: HHSREV100002457 Paae 43 of 45 10. Does products to protect Texas HHS Confidential Information that is transmitted over a public network (e.g., the Internet, WIN, etc.)? Pa��es 7 ©No If yes, upon request must provide evidence such as a screen shot or a system report. Encryption is required for all HHS Conjidentlal Information. Additionally, FIRS 240-2 validated encryption is required for Health Insurance Portability and Accountability Act (HIPAA) data, Criminal Justice Information Services (CIIS) data, Internal Revenue Service Federal Tax information (IRS FTI) data, and Centers for Medicare & Medicaid Services (CMS) data. For more Information regarding FIPS 140-2 encryption products, please refer to: h=11csmi ist.aov/oubilcations/fios Action Plan for Compliance with a Timeline: Compliance Date: 11. Does Applicant/Bidder use encryption products to protect Texas HHS Confidential Information stored on end user devices (e.g., laptops, USBs, tablets, smartphones, external hard drives, desktops, etc.)? 0 Yes ©No If yes, upon request must provide evidence such as a screen shot or a system report. Encryption is required for all Texas HHS Confidential Information. Additionally, FIPS 140.2 validated encryption Is required for Health Insurance Portability and Accountability Act (HIPAA) data, Criminal Justice Information Services (0I5) data, Internal Revenue Service Federal Tax Information (IRS FTI) data, and Centers for Medicare & Medicaid Services (CMS) data. For more information regarding FIPS 140-1 encryption products, please refer to: http•//Csrc nist gav/oubikations/fios Action Plan for Compliance with a Timeline: Compliance Date: 12. Does Applicant/Bidder require Workforce members to formally acknowledge rules outlining their responsibilities for protecting Texas HHS Confidential Information and associated systems containing HHS Confidential Information before their access is provided? (F) Yes © No Action Plan for Compliance with a Timeline: Compliance Date: 13. Is Applicant/Bidder willing to perform or submit to a criminal background check on Q Yes Authorized Users? O No Action Plan for Comoliance with a Timeline: Compliance Date: 14. Does Applicant/Bidder prohibit the access, creation, disclosure, reception, transmission, Q Yes maintenance, and storage of Texas HHS Confidential Information with a subcontractor (e.g., cloud services, social media, etc.) unless Texas HHS has approved the subcontractor No agreement which must include compliance and liability clauses with the same requirements as the Applicant/Bidder? Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (06/2018) Texas HHS System - Data Use Agreement- Attachment 2: Page 10 of 18 SECURITY AN D PRIVACY INQUIRY (SPI) HHS Contract No: HHSREV100002457 Pane 44 of 45 15. Does on security updates/patches (including firmware, Pagp.Rif567 VO software and applications) for computing systems that use, disclose, access, create, No transmit, maintain or store Texas HHS Confidential Information? Action Plan for Compliance with a Timeline: Compliance Date: 16. Do Applicant/Bidder's computing systems that use, disclose, access, create, transmit, Yes maintain or store Texas HHS Confidential Information contain up-to-date anti- ONO malware and antivirus protection? .fiction plan for Compliance with a Timeline: Compliance Date: 17. Does the Applicant/Bidder review system security logs on computing systems that access A. Yea or store Texas HHS Confidential Information for abnormal activity or security concerns on O No a regular basis? Action Plan for Compliance with a Timeline Comoliance Date: 18. Notwithstanding records retention requirements, does Applicant/Bidder's disposal Yes processes for Texas HHS Confidential Information ensure that Texas HHS Confidential 0 No Information is destroyed so that it is unreadable or undecipherable? Action Plan for Compliance with a Timeline: Compliance Date: 19. Does the Applicant/Bidder ensure that all public facing websites and mobile ID Yes applications containing Texas HHS Confidential Information meet security testing 0 No standards set forth within the Texas Government Code (TGC), Section 2054.516; including requirements for implementing vulnerability and penetration testing and addressing identified vulnerabilities? For more information regarding TGC Section 2054,516 DATA SECURITYPLAN FOR ONLINE AND MOBILE APPLIC4TIONS, Please refer to: httas:/Aeoiscan.mm/iX/text/H88/2017 Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (06/2018) Texas HHS System - Data Use Agreement - Attachment 2: Page 11 of 18 SECURITY AND PRIVACY INQUIRY (SPI) HHS Contract No: HHSREV100002457 Pane 45 of da SIGNATURESECTION D: r SUBMISSION (to becompleted• Applicant/Bidder) i 4 1.1 certify that all of the Information provided in this form is truthful and correct to the best of my knowledge. If I learn that any such information was not correct, I agree to notify Texas HHS of this immediately. 2. Signature 3. Title . Date: d County Clerk (�°�]'y'�h� 1 la 08/17/2022 / o submit ubmit the completed, signed form: • Email the form as an attachment to the appropriate Texas HH5 Contract Manager(s). Section E: . Be Completed by Texas HHS Agency Agency(s): Requesting De artment s HHSC: 11 DFPS: 11 DSHS: ❑✓ Vital Statistics Legal Entity Tax Identification Number (TIN) (Last four Only): PO/Contract(s) #: FFHHSREV100002457 Contract Manager: Contract Manager Email Address: Contract Manager Telephone #: Gretchen Wells gretchen.wells@dshs.texas.gov (512) 776-2679 Contract Manager: Contract Manager Email Address: Contract Manager Telephone #: Contract Manager: Contract Manager Email Address: Contract Manager Telephone #: Contract Manager: Contract Manager Email Address: Contract Manager Telephone #: Contract Manager: Contract Manager Email Address: Contract Manager Telephone #: Contract Manager: Contract Manager Email Address: Contract Manager Telephone M Contract Manager: Contract Manager Email Address: Contract Manager Telephone M Contract Manager: Contract Manager Email Address: Contract Manager Telephone #: SPI Version 2.1 (06/2018) Texas HHS System - Data Use Agreement - Attachment 2: Page 12 of 1g SECURITY AND PRIVACY INQUIRY (SPI) #21 NOTICE OF MEETING — 9/7/2022 21. Consider and take necessary action to accept the Contract Close -Out documents from Kraftsman LP and approve the payment of the final pay application(s) for the — Infrastructure at Little Chocolate Bayou County Park for Calhoun County, Texas under Texas General Land Office Contract No. 20-065-064-C182 and Calhoun County 2020 CDBG-DR Contract Work Order No. E-1 and authorize the County Judge to sign the construction close out documents and any other necessary forms. (DEH) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 18 of 21 Mae Belle Cassel From: david.hall@cathouncotx.org (David Hall) <david.haI1@calhouncotx.org> Sent: Tuesday, August 30, 20221:21 PM To: MaeBelle.Cassel@calhouncotx.org Subject: FW: Kraftsman Close Out Documents & Payment Request for Agenda Attachments: RecPay No. 2 - Playground GLO 20-065A64-C182.pdf; RecPay No. 3-Final - Playground GLO 20-065-064-C182.pdf; 5310.011e - Playground COCC 080422.pdf; 5310.011e - CDBGDR - Playground Asbuilts - 080422.pdf From: smason@gwengineers.com (Scott Mason) (mailto:smason@gwengineers.com] Sent: Tuesday, August 30, 2022 1:06 PM To: 'David Hall' <david.hall@calhouncotx.org> Cc: angela.torres@calhouncotx.org; 'Glynis King' <gking@gwengineers.com>;'Katy Sellers' <katy@ksbr-Ilc.com>; 'peggy hall' <peggy.hall@calhouncotx.org>; 'Cindy Mueller' <cindy.mueller@calhouncotx.org> Subject: Kraftsman Close Out Documents & Payment Request for Agenda CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. David, Please see the attached. I am also be told that we need to request an agenda item to approve payment. My guess would be to put: Accept the Contract Close-out documents from Kraftsman LP and approve the payment of the final pay application(s) for the — Infrastructure at Little Chocolate Bayou County Park for Calhoun County, Texas under Texas General Land Office Contract No. 20-065-064-C182 and Calhoun County 2020 CDBG-DR Contract Work Order No. E-1 and authorize the County Judge to sign the construction close out documents and any other necessary forms. (DH) Modify if or how you see needed. Also, Katy and I recommend paying the Invoice number 2 immediately if possible as if it is not paid out the County will have to track interest. This will have to be done for the final invoice because we understand that an agenda item needs to be placed to approve the close out documents and release the final payment for recpay3-Final. So the payment within 5 days of receiving money will not be possible with this invoice based on County policy. Let me know if I am wrong or if there are any questions. Thank you, Scott P. Mason, P.E. Lead Project Engineer G&W Engineers, Inc. 205 W. Live Oak Port Lavaca, Texas 77979 P: (361) 552-4509 F: (361) 552-4987 smasonPgwengineers.com Calhoun County Texas GAMOM'k &W ENGINEERS, INC. 205 W. Live Oak • Port Lavaca, TX 77979 • p: (361)552-4509 • f: (361)552-4987 TBPE Firm Registration No. F04188 June 30, 2022 Commissioner David Hall Calhoun County Precinct No. 202 S. Amp St. Port Lavaca, Texas 77979 RE: RECOMMENDATION FOR PAYMENT NO.2 Infrastructure at Little Chocolate Bayou County Park Playground Improvements for Calhoun County, TX - TX GLO Contract No. 20-065-064-C182 and Calhoun County 2020 CDBG-DR Contract Work Order No. E-1 Dear Honorable Judge & County Commissioners, We have reviewed Kraftsman, LP's Application No. 2 (Invoice # 37759) for the above referenced project and have enclosed Recommendation for Payment No. 2 for $95,205.71 for the service period of March 1, 2022 to April 6, 2022. The Contractor's Conditional Waiver and Release on Progress Payment. is also enclosed. Please call if you have any questions. Sincerely, G & W Engineers, Inc. ott P. Mason, P.E. cc: Peggy Hall, Calhoun County &sistantAuditor file 5310.01le Engineering Consulting 0 Planning Surveying O WNER's Project No. Im RECOMMENDATION OF PAYMENT ENGINEER's Project No. 5310.011e Infrastructure at Little Chocolate Bayou Comity Park Playground Improvements Project for Calhoun County, Texas - TX GLO Contract No. 20-065-064-C182 CONTRACTOR Kraftsman, LP Contract for Playground Improvements Contract Date July 14, 2021 Application Date April 6, 2022 Application Amount $95,205.71 Period Start Date: March 1, 2022 Period Ending Date: April 6, 2022 To COUNTY OF CALHOUN Owner Attached hereto is the CONTRACTOR's Application for Payment for Work accomplished under the Contract through the date indicated above. To the extent that we have been present on the project site as outlined in our Engineering Agreement, we believe that the Application meets the requirements of the Contract Documents and includes the CONTRACTOR's Certificate stating that all previous payments to him under the Contract have been applied by him to discharge in full all of his obligations in connection with the Wok covered by all prior Applications for Payments. In accordance with the Contract, the undersigned, subject to the limitation in the preceding paragraph, recommends payment to the CONTRACTOR of the amount due as shown below. Dated June 30 12022 Original Contract Price Net Change Orders (1 ) Current Contract Price Work to be Done G & W ENGINEERS, INC. 205 W. Live Oak St. Pon Lavaca, Texas 77979 (361) 552-4509 $ 189,080.00 $ 17,304.12 $ 206,384.12 G & W Engineers, Inc. By: -" Scott P. Mason, P.E. STATEMENT OF WORK Work to Date Amount Retained Subtotal Previous Payments Recommended Amount Due This Payment $ 206,384.12 $ (20,638.41) $ 185,745.71 $ (90,540.00) $ 95,205.71 •� I s 11 {riilN�lt � Kraftsman Commercial Playgrounds & Water Parks Kraftsman, LP Kraftsman Commercial Playgrounds & Water Parks 19635 Haude Road Spring, TX 77388 Phone 281-353-9599 Fax 281-353-2265 DATE: April 6, 2022 INVOICE tl 37759 PROJECT: Little Chocolate Bayou Park improvements Bill To: Calhoun County Precinct 1 David Hall 211 S. Ann, Suite 301 Port Lavaca, TX 77979 Make all checks payable to Kraftsman, LP THANK YOU FOR CHOOSING KRAFTSMANI 0 n i•4 a W N E 1p N a N n .N. N w 3 O D r v Ip N VI N a 3 _ _ R R " �) N o' v b C m m O RAm O Op A N qO M y N b In r In -1 m io O O o -1 A 5 AlA a In S m O < O m m 0 N �.. r z 3 o m n a D m w N 2 m N c rn D O C+ nl O m o q � � y � �, c� 4 z m 3 m a 2 v O N m m z o In D �. D N N o yDy � m ri. m In In N N (n N U) p U m A Ja N hul U O (Oj) O1 y O VOA _N N O D D C1 °1 F s 3 Tj 3 Z N O N C m'n ui o Cl '2 0 noid y _n m N to soNR,m a N 2u g 3ro u `i m t"p LL., n 3 [�j7 k 11,11W iD n @ aTs > i a 5c a S or no a z a a yo o w a V1 LI N N V1 VI N y� V1 N N N V � w A A A � � V n < S C C n �a gNg N N S o $ S S o O O S A S O O a O O N w + A A a pV V1 V1 N N N L1 VI N N VI m$� 2 O O O C om N N VI N N N N V� N N y O � p nyos N N $ O O $ O O O O O O ae fl Sm pG po $ g g g S 0 ae ae M '^ V1 V1 N N N VI N N V� N y y N N O O O� � tVl�I pJ W O A + o o S S S o o $ S de L a C m N C THE STATE OF TEXAS COUNTY OF !jPjf:�V Project: INFRASTRUCTURE AT LITTLE CHOCOLATE BAYOU COUNTY PARK - PLAYGROUNID IMPROVEMENT'S CALHOUN COUNTY, TEXAS - TEXAS GENERAL LAND OFFICE CONTRACT NO. 20-065-064-CI82 AND CALHOUN COUNTY 2020 CIIDBG-DR CONTRACT ®FIORD ORDER NO. E-1. Job No. 5310.011e On receipt by the signer of this document of a check from CALHOUN COUNTY (rnalrergf check) in the sum of $ 1. 3 r Zc ra • ._' payable to KRAFTSMAN, LP (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property or easements of CALHOUN COUNTY (owner) located at West Austin Street, Port Lavaca, Texas to the following extent: INFRASTRUCTURE AT LITTLE CHOCOLATE BAYOU COUNTY PARI£ PLAYGROUND IMPROVEMENTS CALHOUN COUNTY, TEXAS - TEXAS GENERAL LAND OFFICE CONTRACT NO.20-065-064-C182 AND CALHOUN COUNTY 2020 CIDBG-DR CONTRACT WORK ORDER NO. E-1 Ebb description). This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to CALHOUN COUNTY (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished. Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in fill all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s). 01025-2 KRAF TSMAN, LP (CONTRACTOR'S NAME) r � r Signed By: Print Name: pI Ir 1 ()d��Llt-t. Title: V SUBSCRIBED AND SWORN TO BEFORE ME by I W1 P uzi ( l on aj D CSC 714" u 20 1Z , to certify which witness my hand and seal ofoffice. J`ov°iq x f1UTll IA1JIJ (nbli< oloPc of i3'a5 n'1 tDion,� ID166 t'Bi in „�1,�` IJoi v IU 1 2Bu7J E31 J) 01025-3 IV Atary Pu c�of, State Texas G&WENGINEERS, INC. 205 W. Live Oak • Port Lavaca, TX 77979 • P: (361)552-4509 • f: (361)552-4987 TBPE Firm Registration No. F04188 ,Time 30, 2022 Commissioner David Hall Calhoun County Precinct No. 1 202 S. Ann St. Port Lavaca, Texas 77979 RE: RECOMMENDATION FOR PAYMENT NO. 3-FINAL Infrastructure at Little Chocolate Bayou County Park Playground Imoroveents for Calhoun County, TX - TX GLO Contract No. 20-065-064-C182 and Calhoun County 2020 CDBG-DR Contract Work Order No. E-1 Dear Honorable Judge & County Commissioners, We have reviewed Kraftsman, LP's Application No. 3 (Invoice # 37761) for the above referenced project. All work is complete and enclosed Recommendation for Payment No. 3-17INAL for $20,638.41 for the retainage. The Contractor's Guarantee and the Contractor's Conditional Waiver and Release on Final Payment are enclosed. Please call if you have any questions. Sincerely, G & W Engineers, Inc. ott�son, p;G E; � cc: Peggy Hall, Calhoun Cou my Assistant Auditor file 5310.01le Engineering Consulting Planning 0 Surveying OWNER's Project No. RECOMMENDATION OF PAYMENT No. 3-Final ENGINEER's Project No, 5310.O11e Infrastructure at Little Chocolate Bayou County Park Playground Improvements Project for Calhoun County, Texas - TX GLO Contract Na 20-065-064-C182 CONTRACTOR ]Craftsman, LP Contract for Playground Improvements Contract Date July 14, 2021 Application Date April 6, 2022 Application Amount $20,638.41 Period Start Date March 1, 2022 Period Ending Date April 6, 2022 To COUNTY OF CALHOUN Owner Attached hereto is the CONTRACTOR's Application for Payment for Work accomplished under the Contract through the date indicated above. To the extent that we have been present on the project site as outlined in our Engineering Agreement, we believe that the Application meets the requirements of the Contract Documents and includes die CONTRACTOR's Certificate stating that all previous payments to hits under the Contract have been applied by him to discharge in full all of his obligations in connection with the Work covered by all prior Applications for Payments. In accordance with the Contract, the undersigned, subject to the limitation in the preceding paragraph, recommends payment to the CONTRACTOR of the amount due as shown below. Dated June 30 '2022 Original Contract Price Net Change Orders (1 ) Current Contract Price Work to be Done G & W ENGINEERS, INC. 205 W. Live Oak St. Port Lavaca, Texas 77979 (361)552-4509 $ 189,080.00 $ 17,304.12 $ 206,384.12 G & W Engineers, Inc. e_. By. Scott P. Masolr, P.E. STATEMENT OF WORK Work to Date Amount Retained Subtotal Previous Payments Recommended Amount Due This Payment $ 206,384.12 $ 206,384.12 $ (185,745.71) $ 20,638.41 RncPav N. A-FINAI-Plnvnround - Kraftsman Commercial Playgrounds & Water Parks Kraftsman, LP Kraftsman Commercial Playgrounds & Water Parks 19535 Haude Road Spring, TX 77388 Phone281-353-9599 Fax281-353.2265 Bill To: Calhoun County Precinct 1 David Hall 211 S. Ann, Suite 301 Port Lavaca, TX 77979 DATE: April 6, 2022 INVOICE # 37761 PROJECT: Little Chocolate Bayou Park improvements DESCRIPTION I AMOUNT Application #3 - see attached for detail FINAL - RETAINAGE BALANCE DUE Make all checks payable to Kraftsman, LP THANK YOU FOR CHOOSING KRAFTSMANI $ 20,638.41 O a a s 2 N N a � N to O w N GR q J J 6 g A N N p N c m N m m I o A tl 0 0 p 0 M. m yl w w tq N W N !9 O (wyll (ONy� Ol (O�l J 1p0 o vD 0 Z 'g o.� m o = C, N ap a� x � I® a N � w c � r '0 w � O v m � i3 N l� ^ d -� md u v c 00 Er � ....`\IIII((1 �1~ N N �.p a^�.✓ < N_ 'T%Npry 10 O CO EL ; !!f! ! , J � 7 $ m & ■ | / E ( - � � | ¥ ) k ®$ k k k k) ! 9@ §( § r/ ( § § § § § § § 2 ! § ) 2 a( - 7 ( k % El P (' being OC — - KRAFTSMAN, LP (hereinafter called "CONTRACTOR"), 11 of do hereby make the following statements to CALHOUN COUNTY (hereinafter called "OWNER") in relation to the completed project known as INFRASTRUCTURE AT LITTLE CHOCOLATE BAYOU COUNTY PARK - PLAYGROUND IMPROVEMENTS CALHOUN COUNTY, TEXAS - TEXAS GENERAL LAND OFFICE CONTRACT NO.20-065-064-C182 AND CALHOUN COUNTY 2020 CDBG-DR CONTRACT WORK ORDER NO. E-1. I guarantee... That all of the completed Work is free from faulty materials in every particular, That all of the completed Work is free from improper workmanship, and That no injury will occur from proper and usual wear, That OWNER has been assigned all guarantees and/or warranties originally made to CONTRACTOR by suppliers and subcontractors, if any. (Such assignment does not relieve CONTRACTOR of the responsibility stated in each guarantee and/or warranty in case of failure of suppliers or subcontractors to fulfill the provisions of such guarantees and/or warranties.) I agree... That the execution of the final certificate or the receipt of the final payment does not relieve CONTRACTOR of the responsibility for neglect of faulty materials or workmanship during the period covered by this Guarantee, To replace or to re -execute without cost to OWNER such Work as may be found to be improper or imperfect, and To make good all damage caused to other Work or materials, due to such required replacement or re -execution. This Guarantee is in effect as of the (o day of A 1' (I (I-- 20Z 2. cover a period of ONE (1) FULL YEAR from said effective date, and shall KRAFTSMAN. LP (CONTRACTOR) � ---1 Signed By: �� Sri t `i Print Name/T�tle: Ir Date: 01700-2 CE TRACI'OR's CONDITIONAL WAIIYIER AND R)ELIEASE ON ]FINAL PAYM1ENT THE STATE OF TEXAS COUNTY OF! 1 <, Project: INFRASTRUCTURE AT LITTLE CHOCOLATE BAYOU COUNTY PARIC - PLAYGROUNID IMPROVEMENTS CALHOUN COUNTY, TEXAS - TEXAS GENERAL LAND OFFICE; CONTRACT NO, 20-065-064-C1S2 AND CALHOUN COUNTY 2020 CIDBG-DR CONTRACT WORK ORDER NO. L-1. Job No. 5310.011e On receipt by the signer of this document of a check from CALHOUN (COUNTY (maker of cheek) in the sum of $ 20.43V, Lt I payable to KRAFTSMAN, LP (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, ally claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property or easements of CALHOUN COUNTY (owner) located at West Austin Street, Port Lavaca, Texas (location) to the following extent: INFRASTRUCTURE AT LITTLE CHOCOLATE .BAYOU COUNTY PARK - PLAYGROUND IMPROVEMENTS CALHOUN COUNTY, TEXAS - TEXAS GENERAL LAND OFFICE CONTRACT NO, 20-065-064-CI82 AND CALIIOUN COUNTY 2020 CBBG-DR CONTRACT WORK ORDER NO. E-1. (job description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to CALHOUN COUNTY (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. 01 %00-3 LMAI TEMAN, LP (CONTRACTOR) Signed By: tl-- PrintName:srl LNG-'I��F Title: SUBSCRIBED AND SWORN TO BEFORE ME by Jtiv;A on C7(���i,� A 20 2Z, to certify which witness my hand and seal of office. pU Y'�q�� �NII tEi lwlid J� ^ NotIr/Puh1io, 'taw o(Tons Q9 t- ��A i Coi nu Ftpi« N170 2024 �inno Notary lu I2062735 01700-4 Nota> Public, State of Texas My Commission Expires; 1110?,q COMMUNITY DEVELOPMENT & REVITALIZATION The Texas General Land Office Certificate of Construction Completion Subreclplent: I Calhoun County I Contract #: I 20-065-064-C182 This is to certify that a final inspection of the project described below was conducted on 4/7/2022 Contract was entered Into on 7/14/2021 between the city/county of JCalhoun County and Kraftsman LP for the construction of Chocolate Bayou Co. Park- Playground Impr. This is to further certify that: 1. The work has been completed in accordance with the plans and specifications and all addenda, change orders, and supplemental agreements thereto, with the following exceptions: None 2. The sum of Zero deducted from the final payment to the Contractor is a fair and equitable settlement for the foregoing excepted work. 3. The Contractor has presented on behalf of itself and Its sureties, satisfactory evidence that he or she will repair, replace or make good any faulty workmanship and/or materials discovered in the work within a period of 112 Months from this date, as provided in the Contract. 4. Amount of Original Contract: 189,080.00 Cumulative Change Orders: 17,304.12 Final Amount of Contract: }r 206,384. f2 S•?M. 9v/V l/Zz. Less Previous Payments: 185,745.71 Less Deductions (from #2 above): FINAL PAYMENT (Balance): 20,638.41 5. The Final Payment in the amount above is now due and payable. 6. Final Quantities: Activity Code (dropdown) Project Name (from Performance Standard) . Description (What is your Activity?) Quantity Metric (dropdown) 9- Parks and Playgrounds Playground Improvements Improve Playground 1 # of Public Facilities CELL L,OGl�Eo G✓o.vT p�rNT I�CGimA-� t�t,FtGES oAl CELL5. �.00En my�v�c�J Effective June 2020 Page 1 of 2 COMMUNITY DEVELOPMENT & REVITALIZATION The Texas General Land Office Certificate of Construction Completion Project Name Description Activity Code (dropdown) (from Pertormance Standard) (What Is Your Activlty?) I by : Scott P. Mason, P.E., Project Engineer Engineer's Name and Title (Printed) G&W Engineers, Inc. Firm Kris Soderberg, Vice President Name and Title (Printed Kraftsman LP Firm Metric (dropdown) Subrecipient' Signature Richard H. Meyer, County Judge crecipient Name and Title (Print( Calhoun County Disclaimer.' The Texas General Land Office has mode every effort to ensure the information contained on this form is accurate and in compliance with the most up-to-date CDBG-DR and/or COBG-MIT federal rules and regulations, as applicable. It should be noted that the Texas General Land Office assumes no liability or responsibilityfor any error or omission on this form that may result from the interim period between the publication amende federal rules and regulations and the Texas General Land offlce's standard review and update schedule. of d and/or revised Effective June 2020 Page 2 of 2 v.o/w a. -sac am .uu pa ara.g oo:1en.o awu�, MIS 'SO10�aw - �....a�, w..wb...,. 133H9 H3A00 Z9Lo-b90-990-OZ#10tlN1Noo No-o9o0-010 StlX31'A1NNOo Nnoi4ivo NeYd fDAYA ]OkJ31W11YitlIIL7fIWSvlliN '^" �[-``�.i e 8a. �~�o d's v i ui e LL ogu � ` a 2¢ z F V F S w J0 u s 'o d W a 0 N 0?_ U' 'o � � m a a $ a a 8 x� W FU a WIJ = o� 0 M2 [] In 0 F- W W W \ .?. 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M.9 5 � A � Q' 8� � '" . • yAe � a e 9 9 i 5 \ ; • Y• / p y i �r g £ __ xk § � - ¥ q� . ! me jai / ^ L \ at§2` .$� ` ( R. ! ?@ |/?|/~R <w , ,., . .21',\ , J|: d22: e\ ;•/©� p - / [« y. ,| k) - | ¥ l: ; � @ # 22 NOTICE OF MEETING — 9/7/2022 22. Accept Monthly Report from the following County Office: I. Tax Assessor -Collector —July 2022 RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 19 of 21 SUMMARY TAX ASSESSOR -COLLECTORS MONTHLY REPORT JULY 2022 COLLECTIONS DISBURSEMENTS Title Certificate Fees 409 $ 5,382.00 Title Fees Paid TXDMV $ 3,337.00 Title Fees Paid County Treasurer Salary Fund $ 2,045.00 Motor Vehicle Registration Collections $ 137,200.45 Disabled Person Fees $ 20.00 Postage $ Global Additonal Collections $ 7.59 Paid TXDMV $ 112,638.78 Paid TXDMV SP $ 17,729.20 Paid County Treasurer $ - PaidCountyTreasurerSalaryFund $ 4,936.05 DMV CCARDTRNSFEE $ 1,916.42 $ - GLAdditonalCollections $ 7.59 $ - GLOBAL (IBC) Credit/Debit Card Fee's $ 1,794.07 GLOBAL Fees In Excess of Collections $ 129.94 MERCH SERVICES STATEMENT $ - Additional Postage- Vehicle Registration $ 17.90 Paid County Treasurer- Additional Postage $ 17.90 Motor Vehicle Sales & Use Tax Collections $ 536,142.58 Paid State Treasurer $ 535,142.68 Special Road/Bridge Fees Collected $ 18,980.00 Paid County Treasurer- RIB Fees $ 18,980.00 Texas Parks & Wildlife Collections $ 4,299.00 TPW GLOBAL CC TRANSACTION FEES $ 121.69 GLOBAL ADDITIONAL COLLECTIONS $ - Paid Texas Parks & Wildlife $ 3,869.10 Paid County Treasurer Salary Fund $ 429.90 P&W CCARDTRNSFEE $ 121.89 GLOBAL Additonal Collections $ - GLOBAL (IBC) Credit/Debit Card Fee's $ 138.42 GLOBAL In Excess/Shortage of Collections $ (16.73) Boat/Motor Sales & Use Tax Collections $ 69,449.73 Paid State Treasurer $ 65,977.24 Paid County Treasurer, Salary Fund $ 3,472.49 TABC 5%CO COMMS FOR MONTH OF $ - TABC 5%CO COMMS FOR MONTH OF $ Paid County Treasurer, Salary Fund $ County Beer & Wine Collections $ 835.00 Paid County Treasurer, County Beer & Wine $ 793.25 Paid County Treasurer, Salary Fund $ 41.75 INTEREST EARNED ON OFFICE ACCOUNT $ 26.99 Paid County Treasurer, Nev. East $ 0.01 Paid County Treasurer, all other districts $ 26.98 INTEREST EARNED ON PARKS AND WILDLIFE ACCOUNT $ 4.98 Paid County Treasurer, Interest on P&W Ace $ 4.98 INTEREST EARNED ON REFUND ACCOUNT $ 0.05 Paid County Treasurer, Interest on Refund Acc $ 0.05 Business Personal Property - Misc. Fees $ 39.13 Paid County Treasurer $ 39.13 Excess Funds $ _ Paid County Treasurer $ _ Overpayments $ 2.11 Current Tax Collections $ 198,668.35 Penalty and interest - Current Roll $ 7,087.50 Discount for early payment of taxes $ 1,219.72 Delinquent Tax Collections $ 6,757.14 Penalty & Interest - Delinquent Roll $ 3,787.35 Collections for Delinquent Tax Attorney $ 9,017.26 Advance - FM & L Taxes $ 73.61 Advance- County Ad Valorem Taxes $ 211,177.21 Paid County Treasurer - Nov. East $ 142.40 Paid County Treasurer- all other Districts $ 2,679.61 Paid County Treasurer- Delinq Tax Arty. Fee $ 9,017.26 Payment in Lieu of Texas $ _ Paid County Treasurer - Navig. East $ _ Paid County Treasurer - All other Districts $ _ Special Farmers Fees Collected $ 110.00 Paid State Treasurer, Farmers Fees $ 110.00 Hot Check Collection Charges $ _ Paid County Treasurers, Hot Check Charge $ _ Overage on Collection/Assessing Fees $ - Paid County Treasurer, overage refunded $ _ Escheats Paid County Treasurer -escheats TOTAL COLLECTIONS $ 995,946.80 TOTAL DISBURSEMENTS TOTAL OF ABOVE RECEIPTS PAID TO STATE AND COUNTY KERRIBOY Tax Assessor -Collector $ 995,946.80 $ 995,946.80 RIMID H MEYER County Judge # 23 NOTICE OF MEETING-9/7/2022 23. Consider and take necessary action on any necessary budget adjustments. (RHM) RESULT: APPROVED[UNANIMOUS] MOVER: SECONDER: Gary Reese, Commissioner Pct 4 AYES: Joel Behrens, Commissioner Pct 3 Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 20 of 21 k t 2 2 )B 'z § 2 @ k a $ k § f- .— \}tit 22; ■�,� §mom 0 z B 8 kz z § § SOwS Lu ix 3 ( § � .■ % �$ § ■� �( � §) (a ■z |z :z )§ (� (� :§ 2 iB :z , z § � � § V 7 W X W W O H 6� i H H F. a Z Z 2 U) w J a IL S� N =z w w U a �» O z U)z Z J W W z 3vo,� g a 'Tmso 0 m J F F z W a w J a N Z U 6� Z 6 Z Z 00 00 zz rn rn z �w ow U w w O z O O Q o� J 6 5 w 00 Z Z Z Z a ; N Q ;N EO iz iF iz iW :d iW ?C C9 O V W J J O V z 0 O uj a z f z W a d W c B 2 � 2 2 k k § q 7 2 2 :o § ' o � � § � § � ■ o t �S& § // § z 2/ v § § �@m � � § k 2 � § § d \ �§ § >-) « Lu u$ ■ /e ` z /2- - �$ k �jj / / ) k U k t . § / § a . § :(&2/ I | 2 | 22@ z i§ § m,§ § !§ § &mm 2 § § a§ � �= § § )to» § &( $ CL B Lu LLI 0� ` ' § - $ 2 �\\ § ■ ■ § 0 O ram. V 1 2 J C 2 W g Z Q . 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Approval of bills and payroll. (RHM) MMC RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese County Bills RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Adjourned 10:26 a.m. Page 21 of 21 ro C.a HHnOznN 31-i WOM9 CMHNJ 0:46(H] 7. 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N H W H tfi Ui �P N W O� N iP H OI N lP W m W l O H H N W U U � iP O N H N H H N Ul �w N O N W W 00 N O N 01 N 61 N �P �P N H H O w N �1 iP N m iP .1 H MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ---September 07 2022 TOTALS TO BE APPROVED - TRANSFERRED FROM ATTACHED PAGES TOTAL PAYABLE3, PAYROLL AND ELECTRONIC 13A PAYMENTS. $ �g1;708 29 TOTAL TRANSFERWBETWEEN FUNDS TOTAL NURSING HOME UPL EXPENSES TQTA4INTER GQVERNMENTTRANSFERS $; GRANti TOTAL QISBURSEMENTS,APPROVED Se ;temper 07 2624 MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR -September 07. 2022 PAYABLES AND PAYROLL 9/l/2022 Weekly Payables 166,573.69 9/2I2022 HES-groceries 986.08 9162022 McKesson-3406 Prescription Expense 8,992.97 9/6/2022 Ameriscurce Bergen-340B Prescription Expense 1,665.19 916/2022 Payroll Liabilities for supplemental payroll -Payroll Taxes 98.18 9/62022 Supplemental Payroll 547.69 Prosperity Electronic Bank Payments 8129-912122 Pay Plus -Patient Claims Processing Fee 524.74 9/2/2022 ExpertPay- child support 2,290.01 91212022 Authnet Gateway Billing-3rd Party Payor Fee 29.84 TOTAL PAYA8LE5, PAyRO(L AND`ELECTRPNICBANKPAYMROTS' 189s7E18:2E; TRANSFER BETWEEN FUNDS FROM MMC TO NURSING HOMES 911/2022 MMC Operating to Ashford -correction of NH QIPP payment deposited into 2,990.88 MMC Operating 9/1/2022 MMC Operating to Soiera-correction of NH Insurance and QIPP payment 2.376.89 deposited into MMC Operating 9/l/2022 MMC Operating to Fort bend -correction of NH insurance and QIPP payment 1,434A5 deposited into MMC Operating 9/12022 MMC Operating to Broadmoor-correction of NH QIPP payment deposited into 1,460.49 MMC Operating 911/2022 MMC Operating to Crescent -correction of NH Insurance and QIPP payment 12,710.52 deposited Into MMC Operating in error 9/1/2022 MMC Operating to Golden Creek-ourrection of NH insurance and QIPP 78,895.06 payment deposited into MMC Operating in error 9/112022 MMC Operating to Gulf Pointe Plaza -correction of NH insurance and QIPP 40,698.82 payment deposited into MMC Operating 9/1/2022 MMC Operating to Tuscany Village -correction of NH Insurance and QIPP 73.206.25 payment deposited into MMC Operating 9/1/2022 MMC Operating to Bethany -correction of NH insurance payment deposited 100,737.38 into MMC Operating in error MEDICARE ADVANCE PAYMENT RECOUP 9/612022 Crescent to Bethany -correction of Crecent medicare recoup taken from 1,347.34 Bethany �tOfALTRAN9E'ERS Bf=T.GVEEN�Fl1NtSS _ y�. 315�948 d8 NURSING HOME UPL EXPENSES 9/612022 Naming Home UPL-Cantex Transfer 916/2022 Naming Home UPL-Nexion Transfer 9/62022 Nursing Home UPL-HMG Transfer 9162022 Nursing Home UPL-Tuscany Transfer 9/62022 Nursing Home UPL-HSL Transfer QIPP CHECKS TO MMC 9/6/2022 Ashford 9162022 Sroadmoor 9162022 Crescent 9/6/2022 Fort Bend 9/612022 Solera 9162022 Tuscany TOTJIL-_,NURSINGIAQNIE UPLEXPEI40100 419.010.55 64,119.68 34.270.79 88,250.82 120;822.50 41.717.42 17,477.09 13,999.79 16,883.28 16,565.06 24,576.64 5, 857;$5362' `TOTAI AM,-%QVERNMENT IIRANS11 FERS $ GRAN[iiOTALDISBUFESENIENTS 1PP.ROVEMSe'tehibeR07�„26:22 - $ 1,365 i9:9.Qs Page l of 16 RECEIVED 13COUNTY AUDITOR ON SEP 01 2022 MEMORIAL MEDICAL CENTER 09/01/2022 0 CALHQ(Jf9COUNTY. TEXAS AP Open Invoice List ap_open_invoice.template Due Dates Through: 0912212022 Vendor# Vendor Name Class Pay Code 131200 ADTCOMMERCIALV' Invoice# Tran Dt Inv Dt Due Dt Check D- Pay Gross Discount No -Pay Net /Comment 146660484✓ 08/31/20 08/03/20 08128/20 53.61 0.00 0.00 53.61 ✓` FIRE MONITORING Vendor TotalsNumber Name Gross Discount No -Pay Net R1200 ADTCOMMERCIAL 53.61 0.00 0.00 53.61 Vendor# Vendor Name Class Pay Code A2218 AQUA BEVERAGE COMPANY M Invoice# Comment Tran Dt Inv Dt Due Di Check D Pay Gross Discount No -Pay Net 135575 08/31/20 06/15/20 07/10/20 207.00 0.00 0.00 207.00 y/" WATER 212811 ✓ 08/31/20 07/06/20 07/31/20 55.95 0.00 0.00 55.95 WATER / 212785 ✓ 08/31/20 07t06/20 07/31/20 15.99 0.00 0,00 15.99 ✓' WATER 217964 ✓ 08131l20 07/31l20 08/25/20 10.00 0.00 0.00 10.00 ✓ FEE 21 08/31/2007131/2008l25/20 10.00 0.00 0,00 _ll lox ��'��' FEE , 218210 ✓ 08/31/20 080/20 06/28/20 55.95 0.00 0.00 55.95 WATER 218184 ✓ 08/31/20 08/03/20 08/28/20 25.98 0.00 0.00 25.98 WATER VendorTotals Number Name Gross Discount No -Pay Net A2218 AQUA BEVERAGE COMPANY 880:87- 0.00 0.00 38OA7 Vendor# Vendor Name Class Pay Code giU.9-I 3.10.97 14086 AZALEA HEALTH ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 78169 ✓ 08/31/20 09/01120 09/01/20 550.00 0.00 0.00 550.00 MONTHLY PROCESSING Vendor Totals Number Name Gross Discount NO -Pay Net 14088 AZALEA HEALTH 550.00 0.00 0.00 550.00 Vendor# Vendor Name Class Pay Code B1150 BAXTER HEALTHCARE ✓ W Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 76225568 ✓ 08/31/20 08/22/20 09/16/20 2,367.50 0.00 0.00 2.367.50 ✓ LEASE 76225563 ✓ 08/31120 08/22/20 09/16/20 629.50 0.00 0.00 629.50 LEASE Vendor Totals Number Name Gross Discount No -Pay Nat B1160 BAXTER HEALTHCARE 2,997.00 0.00 0.00 2,997.00 Vendor# Vendor Name Class Pay Code B1220 BECKMAN COULTER INC ✓ M Invoice# Comment Tran Dt Inv Dt Due DI Check D Pay Gross Discount No -Pay Net 11o050566 ✓ 08117/2008101/2008/26/20 1,237.32 0.00 0.00 1,237.32 ✓' SUPPLIES ,. Vendor Totals Number Name Gross Discount No -Pay Net file:///C:/Users/ltrevino/cpsi/memmed.cpsinet.corn/u88125/data_5/tmp_cw5report4074364... 9/ 1 /2022 Page 2 of 16 81220 BECKMAN COULTER INC 1,237.32 0.00 0.00 1,237.32 Vendor# Vendor Name Class Pay Code 81320 BEEKLEY CORPORATION ✓ M Invoice# Comment Tran Dt Inv Dt Due Dt Check 0-Pay Gross Discount No -Pay Net INV1530894 / 08/01/20 05/24/20 06124/20. 131.95 0.00 0.00 131.95 ✓' SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net B1320 BEEKLEY CORPORATION 131.95 0.00 0.00 131.95 Ventlor# Vendor Name Class Pay Code 12740 BUILDING KID STEPS ✓/ Invoice# Comment Tran Dt Inv Ot Due Ot Check D Pay Gross Discount No -Pay Net JULY202213 08/31/20 08/26120 09/10/20 602.00 0.00 0.00 fI 602.00 ✓ JULY SPEECH THERAPY JULY2022A 08/31/20 08/26/20 09110120 11052,00 0.00 0.00 1.052.00 JULY SPEECH THERAPY JULY2D22 08/31/20 08/26/20 09110/20 1,026.00 0,00 0.00 1.026.00 JULY SPEECH THERAPY ✓' Vendor Totals Number Name Gross Discount No -Pay Net 12740 BUILDING KID STEPS 2,680.00 0.00 0.00 21580.00 Vendor# Vendor Name Class Pay Code C1048 CALHOUN COUNTY // w invoice# Comment Tran Dt Inv Dt Due or Check D Pay Gross Discount No -Pay Net 002422 08/31/20 01W4/20 09/01/20 146.31 0.00 0.00 146.31. FUEL. Vendor Total: Number Name Gross Discount No -Pay Net C1048 CALHOUN COUNTY 146.31 0.00 0.00 146.31 Ventlor# Vendor Name Class Pay Code 14064 CAPITAL ONE ✓ Invoice# Comment Tran Dt Inv of Due Dt Check D Pay Gross Discount No -Pay Net 1643682736 08/30/20 08/19/20 09/13/20 448.18 0.00 0.00 448.18 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 14064 CAPITAL ONE 448.18 0.00 0.00 448.18 Vendor# Vendor Name Class Pay Code C1325 CARDINAL HEALTH 414, INC. ✓ w Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 8002927427✓ 08/31/2008/0WO 08/31/20 11061IS3 0.00 0.00 1.061.83 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net C1325 CARDINAL HEALTH 414, INC. 11061.83 0.00 0.00 1,061.83 Vendor#VendorName Class Pay Code 14260 CAREFUSION SOLUTIONS, LLC ,i Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 10019280907✓ 08131/2008/0812009/01/20 1.788.00 0.00 0.00 1,788.00 MAITENANCE "- Vendor Totals Number Name Gross Discount No -Pay Net 14260 CAREFUSION SOLUTIONS, LLC 1,788.00 0.00 0.00 1,788.00 Vendor# Vendor Name Class Pay Code 13028 CAVALLO ENERGY TEXAS LLC V/ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Grass Discount No -Pay Net 18026226 t/' 08131/2008/1 MO 09/18/20 726,68 0.00 0.00 726.58 file:!//C:lUsers/Itrevino/cpsi/memmed.cpsinet.com/u88125/data_5/tmp_cw5report4074364... 9/1 /2022 Page 3 of 16 ELECTRICITY , 18026227 / 08/31 /20 08118/20 09/19/20 17.05 0.00 0.00 17.05 J ELECTRICITY 18026226 ✓" 08/31/2008/18/2009/19/20 1,877.63 0.00 0,00 1,877.63 ✓ ELECTRICITY Vendor TotalsNumber Name Gross Discount No -Pay Net 13028 CAVALLO ENERGY TEXAS LLC 2,621.26 0.00 0.00 2.621,26 Vendor# Vendor Name Class Pay Code C1992 CDW GOVERNMENT, INC. ✓ M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net OB40509 1/ 08131120. 08/11/2009110120 264.77 0.00 0.00 264.77,,,-` SUPPLIES Vendor Totale.Number Name Gross Discount No -Pay Net C1992 CDW GOVERNMENT, INC. 264.77 0.00 0.00 264.77 Vendor# Vendor Name Class Pay Code I C1390 CENTRALDRUG ✓' W Invoice# Comment Tran Dt Inv Dt Due Dt Check D, Pay Gross Discount No -Pay Net 071122 08131/20 07111120 08110/20 14.55 0100 0.00 14.55 INVENTORY Vendor Totals Number Name Gross Discount No -Pay Net C1390 CENTRALDRUG 14.55 0.00 0.00 14.55 Vendor# Vendor Name Class Pay Code 13264 CERVEY, LLC ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net / 17548J 08/31/20 08116/20 09110/20 1,699.00 0.00 0.00 1.699.00 LICENSE FEE Vendor Totals Number Name Gross. Discount No -Pay Net 13264 CERVEY, LLC 1,699.00 0.00 0.00 1,699.00 Vendor#Vendor Name Class Pay Code 13336 COCA COLA SOUTHWEST BEVERAGES ✓� Invoice# Comment Tran Dt Inv Dt Due Ot Check D Pay Gross Discount No -Pay Net 24165201121 „i 08123/20 08/17/20 09/16/20 715.28 0.00 0.00 715.28 BEVERAGES 24165201122 ,/ 08/23/2008A7/2009/16/20 -125.00 0.00 0.00 -125.00 CREDIT Vendor Totals Number Name. Gross Discount No -Pay Net 13336 COCA COW SOUTHWEST BEVERAGES 59028 0.00 0.00 590.28 Vendor# Vendor Name Class Pay Code 11030 COMBINED INSURANCE , Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 083122 08/31/2008131/2009/01/20 612.18 0.00 0.00 612.18 �- PAYROLLDEDUCT Vendor Totals Number Name Gross Discount No -Pay Net 11030 COMBINED INSURANCE 612.18 0.00 0.00 612,18 Vendor# Vendor Name Class Pay Code 10646 COVIDIEN ✓ Invoice# Comment Tran Dt Inv 01 Due Dt Check D Pay Gross Discount No -Pay Net 5866607632 ,1 08/11120 07/20120 08/20/20 501.26 0,00 0100 501.26 �. SUPPLIES 5866848436 ✓ 08/31/20 08/19/20 09118/20 765.78 0.00 0.00 765.78 SUPPLIES file:///C:/Users/ltrevino/cpsi/memmed.cpsinet.com/u88125/data_5/tmp_cw5report4074364... 9/1/2022 Page 4 of 16 Vendor Totals Number Name Gross Discount No -Pay Net 10646 COVIDIEN 1,267.04 0.00 0.00 1,267.04 Vendor# Vendor Name Class Pay Code D1150 DATER OHMEDA, INC, f' M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Grass Discount No -Pay Net 63664483 ✓- 08/31/20 08/17/20 o8/31/20 1,015,40 0.00 0.00 1,015.40 PCA POWER BOARD WARMEF v' Vendor Totals Number Name Gross Discount No -Pay Net D1150 DATEXOHMEDA,INC, 1,016.40 0.00 0.00 1,015.40 Vendor# Vendor Name Class Pay Code 10368 DEWITT POTH & SON ✓ Invoice# Comment Tram Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 6905010 ✓ 08/31/20 08/16/20 09/10/20 236.54 0.00 0.00 236.54 ✓ SUPPLIES 6909440✓ 08131120 08/17/20 09111/20 135.64 0.00 0.00 135.64 w SUPPLIES 6900751 ✓ 08/31/20 08/17/20 09/11/20 63.02 0.00 0.00 63.92 SUPPLIES 6909700 � OB/31/20 08/17/20 09111/20 329.87 0.00 0.00 329.87 c% SUPPLIES 6910820 „-' 08/31/20 08/18/20 09/12/20 36.66 0.00 0.00 36.56 ✓� SUPPLIES SSD9701 V/ 08/31/2008/18/2009/12/20 12.36 0.00 0.00 12.36 ✓" SUPPLIES 6913970 ✓�- 08/31/20 08/19/20 09/13/20 195.89 0.00 0.00 195.89 SUPPLIES 6900752V 08/3V20 08/22120 09/16/20 16.46 0.00 0.00 15.46 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 10368 DEWITT POTH & SON 1,026.24 0.00 0.00 1,026.24 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 11379 / 08/31/20 08/11/20 09105/20 160.00 0.00 0.00 160.00 v` PEST CONTROL 11458 ✓ OMI/20 08/16120 09110120 95.00 0.00 0.00 95.00 PEST CONTROL VendorTotal:Number Name Gross Discount No -Pay Net 11291 DOWELL PEST CONTROL 256.00 0.00 0.00 265.00 Ventlor# Vendor Name Class Pay Code 11284 EMERGENCY STAFFING SOLUTIONS v'- Invoice# ; Comment Tran Dt Inv or Due Dt Check D Pay Gross Discount No -Pay Net 41486✓ OMI/20 08/31120 09110120 40,062SO 0.00 0.00 40,062.50 ti PHYSICIAN SERVICES I,itr-Vow -N, 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 10689 FASTHEALTH CORPORATION ,f Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 06A22MMC >/ 08131/20 08/01/20 08/16/20 495.00 0.00 0.00 . WEBSITE 495.00 L. file:///C:/Users/ltrevinolcpsi/memmed.cpsinet.com/u88125/data 5/tmp_cw5report4074364... 4/1/2022 Page 5 of 16 Vendor TotalsNumber Name Gross Discount No -Pay Net 10689 FASTHEALTH CORPORATION 495.00 0.00 0.00 495.00 Vendor#Vendor Name Class Pay Code F1400 FISHER HEALTHCARE ✓ M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 4614039,/ D8/01/20. 07/14/2008108/20 348.01 0.00 0.00 348.01 ✓' SUPPLIES 5196242 08/11/20 08/03120 08/28120 672.74 0.00 0.00 672.74 y SUPPLIES 5402217 ✓ 08/24/20 08/10/20 09/04/20 94.98 0.00 0.00 94.98 ,,- SUPPLIES 9121231 ✓ 08/31/20 02/03/20 02128120 1.213.23 0.00 0.00 1,213.23 SUPPLIES 544353708/31/20 08111/20 09105/20 190.15 0.00 0.00 190.15 SUPPLIES v -, / 5483048 Y 08131 /20 08/12/20 09/06/20 143.87 0.00 0.00 143.87 t/ SUPPLIES , 5564057 N'r 08131/2008/16/2009/10/20 26T28 0.00 0.00 267.28 SUPPLIES , 5606375 ✓ 08/31/20 08/17/20 09/11/20 474.62 0.00 0.00 474.62 SUPPLIES Vendor Total: Number Name Gross Discount No -Pay Net F1400 FISHER HEALTHCARE 3,404.88 0.00 0.00 3,404.88 Vendor# Vendor Name Class Pay Code 11183 FRONTIER Invoice# Comment Tran Dt Inv Dt Due Dt Check D- Pay Gross Discount No -Pay Net 081922 06131/2008/19/2009/12/20 71.09 0.00 0.00 71.09 �,! �• -' PHONE 082322 00/31/20 08/23/20 09/16/20 32.46 0.00 0.00 32.46 v' PHONE Vendor Totals Number Name Grass Discount No -Pay Net 11183 FRONTIER 103.55 0.00 0.00 103.55 Vendor# Vendor Name Class Pay Code 12636 FUSION CLOUD SERVICES, LLC - Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 28632098 ,i 08131M 08116/2009/15/20 1.067.77 0.00 0.00 1,067.77 PHONE Vendor Totals Number Name Grass Discount No -Pay Net 12636 FUSION CLOUD SERVICES, LLC 1,067.77 0.00 0.00 1,067.77 Vendor# Vendor Name Class Pay Code 12404 GE PRECISION HEALTHCARE, LLC Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 6001890935 1 08/30/20 07/01120 07/31120 868.16 0.00 0.00 868.16 1/ CONTRACT 6001933933 ✓ 08/30120 09/01120 10/01/20 3.588.58 0.00 0.00 3,588.58 CONTRACT , 6001957436 ✓ 08/30/20 10/01/20 1CV31120 868.16 0.00 0.00 868.16 ✓ � CONTRACT , 6002048811 ✓ 08/30/20 02/01/20 03/03/20 5,665.83 0.00 0.00 5,665.83 ✓� CONTRACT 6002109433 ,% 08/30/20 04/18/20 05/18/20 -878.94 0.00 0100 -878.94 file:///C:/Users/ttrevino%psi/memmed.cpsinet,coin/u88125/data_51tmp_cw5report4074364... 9/ 1/2022 Page 6 of 16 CREDIT Vendor Total, -Number Name Gross Discount No -Pay Net 12404 GE PRECISION HEALTHCARE, LLC 10,111.79 0.00 0.00 10,111,79 Vendor# Vendor Name Class Pay Code 10901 GENESIS DIAGNOSTICS ✓" Invoice# . Comment Tran Dt Inv Dt Due Dt Check D-Pay Gross Discount No -Pay Net 52821 V/ 08/01/20 01/25/20 02/24120 121,96 0.00 0.00 121.96 yi- SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 10901 GENESIS DIAGNOSTICS 121.96 0.00 0.00 121.96 Vendor#Vendor Name Class Pay Code ' 10956 GETINGE USA SALES LLC ,% Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 6991958801 �/ 08/31/20 07/20/20 08/31/20 51.53 0.00 0.00 51.53�- SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 10956 GETINGE USA SALES LLC 51.53 0.00 0.00 51.53 Vendor# Vendor Name I Class Pay Code y 14548 GREAT LAKES WEST LLC ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net VZO867 08/31/20 04130/20 05130/20 1,080.00 0.00 O.OD 1,080.00 HAND SINK ,w Vendor Total: Number Name Gross Discount No -Pay Net 14548 GREAT LAKES WEST LLC 1,080.00 0.00 0.00 11080.00 Vendor# Vendor Name Class Pay Code 11984 GUERSET, LLC r/ Invoice# Comment Tran or Inv Dt Due Ot 33230768 Check D Pay Gross Discount No -Pay Net 08/31/20 08/22/20 08/31/20 700.00 0.00 0.00 700.00 SUPPLIES Vendor Totals Number Name Grass Discount NO -Pay Net 11984 GUERBET, LLC 700.00 0.00 0.00 700.00 Vendor# Vendor Name Class Pay Code G0401 GULF COAST DELIVERY ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Grass Discount No -Pay Net 083122 08131/20 08131/20 09/15/20 125.00 0100 0.00 125.00 Vendor Totals Number Name Gross Discount No -Pay Net G0401 GULF COAST DELIVERY 125.00 0.00 0.00 125.00 Vendor# Vendor Name Class Pay Cade G1210 GULF COAST PAPER COMPANY ,/' M Invoice# Comment Tran Dt Inv Di Due Dt Check D Pay Gross Discount No -Pay Net 22SU216 08/01/2007/12/2008/11/20 978.49 0.00 0.00 978.49 SUPPLIES 2266264✓ 08/17/200810212009/01/20 1,332.45 0.00 0.00 1,332.45 SUPPLIES �j•" 226777$ ✓ 08/17/20 08/05/20 09/04/20 77.63 0.00 0.00 77.63 SUPPLIES r 2272279 ✓ 08/31/20 08116/20 09/15/20. 25.90 0.00 0.00 25.90 ✓ SUPPLIES 2272282 ✓/ 08/31/20 08/16120 09/15/20 773.10 0.00 0.00 773.10 ✓ SUPPLIES tile:///C:/Users/Itrevino/cpsi/memmed.cpsinet.com/u88125/data 5/tmp_cw5report4074364... 9/1/2022 2275849 �/ 08/31/20 08/23/20 09/22/20 760.00 0.00 0.00 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay G1210 GULF COAST PAPER COMPANY 3,947.57 0.00 0.00 Vendor# Vendor Name Class Pay Code 10829 HEALTHSTREAM, INC. ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 0299468 irk 08/31/20 08/12/20 09/11/20 9AS HSTREAM Vendor Totals Number Name Gross 10829 HEALTHSTREAM, INC. 9.15 Vendor# Vendor Name Class Pay Code H1269 HENRY SCHEIN INC. Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 22145302 ✓f 08/01/20 06/22/20 07/21/20 43.05 SUPPLIES Vendor Total: Number Name Gross H1269 HENRY SCHEIN INC. 43.05 Vendor# Vendor Name Class Pay Code 11260 INTOXIMETERS INC „/ M Invoice# Comment Tran Dt Inv Dt Due Dt Check D, Pay Gross 71163 ,,' 08/01/20 07/12/20 08/06/20 240.00 SUPPLIES Vendor Totals Number Name Grass 11260 INTOXIMETERS INC 240.00 Vendor# Vendor Name Class Pay Code 11200 IRON MOUNTAIN ,/ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross GTYT406 ,% 08/31/20 07/26/20 08/25/20 673.86 SHREDDING Vendor Totals Number Name Gross 11200 IRON MOUNTAIN 673.86 Vendor# Vendor Name Class Pay Code J0150 J & J HEALTH CARE SYSTEMS, INC / Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 930644319✓ 08/24120. 0811812009/17120 1,952.88 SUPPLIES Vendor Totals Number Name Gross J0150 J & J HEALTH CARE SYSTEMS, INC 1,952.88 Vendor# Vendor Name Class Pay Code 11812 pT. Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 083122 08/31/20 08131120 09106/20 1,57 03 REIMBURSEMENT Vendor Totals Number Name Gross 11812 JACOB HAMILTON, PT, OPT 1,571/11S Vendor# Vendor Name Class Pay Code K0530 KCI USA r/ M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 31178447✓ 08131/20. 07/0512008105120 808.33 SUPPLIES Discount No -Pay 0.00 0.00 Page 7 of 16 760.00 L., Net 3,947.57 Net 9.15 Discount No -Pay Net 0.00 0.00 9.15 Discount No -Pay Net. 0.00 0.00 43.05 Discount No -Pay Net 0.00 0.00 43.05 Discount No -Pay Net 0.00 0.00 240.00 r Discount No -Pay Net 0.00 0.00 240.00 Discount No -Pay Net J 0.00 0.00 673.86 �f Discount No -Pay Net 0.00 0.00 673.86 Discount No -Pay Net 0.00 0.00 1,952.88 Discount No -Pay Net 0.00 0.00 1,952.88 Discount No -Pay Net 0.00 0.00 1,5/.03 Discount No -Pay Net 0.00 0.00 1,5/03 Discount No -Pay Net 0.00 0.00 806.33 l� file:///C:/Users/ltrevinolcpsilmemmed.cpsinet.com/u88125/data 5/tmp_cw5report4O74364... 9/1/2022 Page 8 of 16 31169459 08/31/200711PJ200a/12/20 1,128,64 0.00 0.00 VAC ULTA THERAPY Vendor Total: Number Name Gross Discount No -Pay K0530 KCI USA 1,934.87 0.00 0.00 Vendor# Vendor Name Class Pay Code LI288 LANGUAGE LINE SERVICES "� w Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay 10226470 .! 08/30/20 04/30/20 05/25/20 36.12 0.00 0.00 INTERPRETATION 10266475 ✓/ 08/30120 06/30/20 07/25/20 10.32 0.00 0.00 INTERPRETATION 10340826 08/30/20 09/30/20 10/25/20 4.30 0.00 0.00 )INTERPRETATION 10386966 ✓ 00/30/20 10/31/20 11/25/20 3.44 0.00 0.00 INTERPRETATION 10470183 / 08/30/20 02/28/20 03/26/20 138.46 0.00 0.00 /INTERPRETATION 10493094.1 08/30/20 03/31/20 04/25/20 79.98 0.00 0.00 INTERPRETATION 10556596 / 08/30/20 05/31/20 06/25/20 33.54 0.00 0.00 INTERPRETATION 10512765 j • 08/30/20 05/31/20 06/25/20 24.08 0.00 0.00 INTERPRETATION 10579119 ✓ 08/30/2006/30/2007/25120 141,04 0.00 0.00 INTERPRETATION 10599625 ✓ 08/30/20 07/31/20 08/25/20 24.08 0.00 0.00 INTERPRETATION Vendor Totals Number Name Grass Discount No -Pay L1288 LANGUAGE LINE SERVICES 495.36 0.00 0.00 Vendor# Vendor Name Class Pay Code 14244 LONESTAR COMMUNICATIONS, IN , - Involoe# Comment Tran Dt Inv Dt Due Dt Check DPay Gross Discount No -Pay 109766 �� 08/31/20 05/19/20 06/19/20 675.00 0.00 0.00 SERVICE CALL Vendor Totals Number Name Gross Discount No -Pay 14244 LONESTAR COMMUNICATIONS, IN 675,00 0.00 0.00 Ventlor# Vendor Name Class Pay Code 10972 M G TRUST ✓ Invoice# Comment Tran Dt Inv Ot Due Dt Check D Pay Gross Discount No -Pay 082522 08/31/20 08/25/20 09101120 640,86 0.00 0.00 PAYROLLDEDUCT Vendor Totals Number Name Gross Discount No -Pay 10972 M G TRUST 640.86 0.00 0.00 Vendor# Vendor Name Class Pay Code J1350 M.C. JOHNSON COMPANY INC M L✓� Invoice# Comment Tran Dt Inv Dt Due Dt Check 0- Pay Gross Discount No -Pay OD391399 08/24/20 08/16/20 09/16/20 95.33 0.00 0.00 v5`UPPLIES Vendor Totals Number Name Gross Discount No -Pay J1350 M.C. JOHNSON COMPANY INC 95.33 0.00 0.00 Vendor# Vendor Name Class Pay Code 1,128.54 Net 1,934.87 Net 36.12 ✓�i. 10,32 4.30 3.44 j 138.40 v� 79.98 r, 33.54 ✓ 24.08 r 141.04 24.08 Net 495.36 Net 675.00 ,..� Net 675.00 Net 640.86 Net 840.80 Net 95.33 Net 95.33 file:///C:/Users/ltrevino/cpsi/memmed.cpsinet.com/u88 l25/data_5/tmp_cw5report4074364... 9/1/2022 Page 9 of 16 M1511 MARKETLAB, INC "/ w Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net IND1740170 ✓' 08/31/20 08/12/20 09111/20 401.35 0.00 0.00 401.35�f SUPPLIES Vendor TotdlENumber Name Gross Discount No -Pay Net M1511 MARKETLAB, INC 401.35 0.00 0.00 401,35 Vendor# Vendor Name Class Pay Code M2178 MCKESSON MEDICAL SURGICAL INC r Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Grass Discount No -Pay Net 19570358 ✓ 08/01/20 07/11/20 07/26/20 437.41 0.00 0,00 437.41 ✓". SUPPLIES 19598856 ,j 08/01/2007/1812008/02/20 437.41 0.00 0.00 437.41,.--% SUPPLIES 19734124 ✓f 08/31/20 08/23/20 09/07/20 95.15 0.00 0.00 95.15 SUPPLIES v Vendor Total:Number Name Gross Discount No -Pay Net M2178 MCKESSON MEDICAL SURGICAL INC 969.97 0.00 0.00 969,07 Vendor# Vendor Name Class Pay Code 11141 MEDICAL DATA SYSTEMS, INC. ,' Invoice# Comment Tran or Inv of Due Dt Check D- Pay Gross Discount No -Pay Net 170959 ✓ 08/31/20 05/31/20 06/26/20 15.53 0.00 0.00 EXTENDED BUSINSESS SERV 171885 ✓ 08/31/20 06/30/20 07/25/20 47.84 0.00 0.00 47.84 EXTENDED BUSINESS SERV 172621 V/. 08/31/20 06130120 07/25/20 1,514.14 0.00 0.00 1.514.14✓� /COLLECTION FEES 172620 9/ 08/31/20 06/30/20 07/25/20 547.06 0.00 0.00 547.06 ✓' COLLECTION FEES 173080 ,/� 08/31/20 07/31120 08/25/20 827.20 0.00 0,00 827.20 COLLECTION FEES 173081 08131/20. 07/3112008/25/20 81122.53 0.00 0.00 8,122.53 ✓ COLLECTION FEES 172772 v� 08/31/200713112008/25/20 165.25 0.00 0100 165.25 ✓1 EXTENDED BUSINESS SERV Vendor Totals Number Name Gross Discount No -Pay Net 11141 MEDICAL DATA SYSTEMS, INC. 11,239.55 0.00 0.00 11,239.55 Vendor# Vendor Name Class Pay Code M2470 MEDLINE INDUSTRIES INC v' M Invoice# Comment Tran Dt Inv 01 Due Dt Cheek D Pay Gross 2214511811 ✓ Discount No -Pay Net 08/01/20 06/08/20 07/03/20 1,962.51 0.00 0.00 1,962.51 SUPPLIES 2216208131 ✓. 08101 /20 06/21/20 07/16/2o 16.96 0.00 0.00 16.96 SUPPLIES 2219020736 � / 08/01/20 07/11/20 08105/20 773.15 0,00 0.00 773,15 ✓ SUPPLIES 2219244325 ,/ 08/01/20 07/12/20 08/06120 390.00. 0.00 0.00 390.00 ✓` SUPPLIES 2219468447 V/ 08/01/2007/13/2008/07/20 1.839.96 0.00 0.00 1,639.961.. SUPPLIES 2219981534 „/ 08/01/20 07/16/20 08/10/20 70.83 0.00 0.00 70.83 SUPPLIES file:///C:/Users/ltrevino/cpsi/memmed.cpsinet.com/u881251data_5/tmp_cw5report4074364... 91112022 Page 10 of 16 2220400956 1/ 08/31120.07/19/20 05/13/20 -56.16 0.00 0.00 -56.16 .� CREDIT 2220929392 08/31/20 07/22/20 08116/20. -29.40 0.00 0.00 -29.40 EDIT 2220929393 / 08/31/20 07/22/20 08/16/20 -89.71 0.00 CREDIT 0.00 -89.71 2221122396 / OW1/2007/23/2008/17/20 408.92 0.00 0.00 -408.92 ✓" CREDIT 2221122397. - 08/31/20 07/23/20 08/17/20 -5.74 0.00 CREDIT 0.00 -5.74 2224088612A./ 08/31/20. 08/1112009/05120 -4.70 0,00 CREDIT 0.00 -4.70 ." 2224731351 ,/ OB/31/2008/16/2009/10/20 1,101.45 0.00 0.00 SUPPLIES 1,101.45 ./ 2224748082 >/ 08/31/20 08/17/20 09/11/20 78.66 0.00 0.00 78.66 ✓ SUPPLIES 2224825946 �% 08/31/20 08/17/20 09/11/20 86.60 0.00 0.00 88.60 ✓ SUPPLIES 2224748080 ✓ 08/31/20 08/17120 09/11/20 1,328.76 0.00 0.00 1,328,76 "'- SUPPILES 2224748075 / Oa/31/20 08/17/20 09/11/20 61.67 0.00 SU/PPLIES 0.00 61,57 2224748083 ✓ 08/31/20 08/17/20 09/11/20 8.75 0.00 0.00 8.75 ✓ SUPPLIES 2224825945✓ 08/31/20 08/17120 09/11/20 754.67 0.00 0.00 SUPPLIES 754.67 2224748078 V 08/31120 08/17/20 09/11/20 776.96 0.00 0.00 776.96 ✓' SUPPLIES 2224748084 ./ 08/31/20 08/17120 09111/20 3.34 0.00 0.00 3.34 v'F SUPPLIES 2224748076 ✓1 08/31/2008/17/2009/11/2O 2.03 0.00 SUPPLIES 0.00 2.03 2224748077 ✓ 08/31/20 06/17/20 09111/20 53.74 0.00 SUPPLIES 0.00 53.74 2225177799 ' 09/31/2008/1912009/13/20 737.85 0.00 SUPPLIES 0.00 737.85 .i 2225177798 � 08/31/20 08/19/20 09/13/20 103.32 U SUPPLIES 0.00 0100 103.32 2225298773 ,/ 08/31/20 08/19/20 09113/20 666.53 0.00 SUPPLIES 0.00 666.53 2225469617 ✓ 08/31/20 08/20/20 09/14/20 374.92 0.00 0.00 SUPPLIES 374.92 „! 2925820063,/ 08/31/20 08/24/20 09/18120 829.17 0.00 SUPPLIES 0.00 829.17 ✓ 22225829054 08/31/20 08/24/20 09/18/20 416.57 0.00 0.00 416.57 ✓ SUPPLIES 2226829065 ✓ 08/31/20 08/24/20 09/18/20 89.71 SUPPLIES 0.00 0.00 89.71 2225829058 Z 08/31/20 08/24/20 09/18/20 18.12 SUPPLIES 0.00 0.00 16.12 v� 2225820057 f 08/31/20 OB/24/20 09/l a/20 59.69 0.00 0.00 59.88 file:///C:/Users/Itrevino/cpsi/memmed.cpsinet.com/u88125/data_5/tmp_cw5report4074364... 9/l /2022 Page I 1 of 16 SUPPLIES 2225829064 �,r 08/31/20 08/24/20 09/18/20 54.66 0.00 0.00 54.66 1/ SUPPLIES 2225829066 ✓ 08/31/20 08/24/20 09/18/20 88.34 0.00 0.00 88.34 SUPPLIES 2225829059 ✓ 08/31/20 08/24/20 09/18/20 88.34 0.00 0.00 88.34 ,: l SUPPLIES 2225829061 ✓ 08/31/20 08124/20 09/18120 88.34 0.00 0.00 88.34 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net M2470 MEDLINE INDUSTRIES INC 12,331.07 0.00 0.00 12,331.07 Vendor# Vendor Name Class Pay Code 10963 MEMORIAL MEDICAL CLINIC ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 082522 08/31/2008/25/2009/01/20 105.00 0.00 0.00 105.00 " PAYROLLDEDUCT Vendor Totals Number Name Gross Discount No -Pay I Net - 10963 MEMORIAL MEDICAL CLINIC 105.00 0.00 0.00 105.00 Vendor#Vendor Name Class Pay Code M2685 ANC M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Grass Discount No -Pay Net 6271269203 08124/20 08/10/20 09/16/20 35,8 0.00 0.00 37-3/08 SUPPLIES Vendor Totals Number Name Gros Discount No -Pay Net M2685 MICROTEK MEDICAL INC 35708 0.00 0.00 350018 Vendor# Vendor Name Class Pay Code M2621 MMC AUXILIARY GIFT SHOP V,/ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 082522 08/31/2008/25120091D1/20 181.20 0.00 0.00 181.20 •` PAYROLL DEDUCT Vendor TotalE Number Name Gross Discount No -Pay Net M2621 MMC AUXILIARY GIFT SHOP 181.20 0.00 0.00 181.20 Vendor# Vendor Name Class Pay Code 10536 MORRIS & DICKSON CO, LLC ,;' Invoice# Comment Train Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Nei 8564323 r% 08/31/2008/21/2008/31/20 187.92 0.00 0.00 187.92 „ram INVENTORY 8564324 ✓ 08131/20 08/21/20 08/31120 7.86 0.00 0.00 7.86 INVENTORY 8566504 ✓ 08131/20 08/21/20 08/31/20 752.92 0.00 0.00 752,92 ✓^J INVENTORY 8566505 i,;' 08131/20 08/21120 08/31/20 1,215,04 0.00 0.00 1,215.04✓ INVENTORY 8570167 ,i 08/31/20 08/22/20 09/01/20 386.94 0.00 0.00 386.94 ..- INVENTORY 8567816 �' 08/31/2008/22/2009/01/20 5,025.68 0.00 0.00 5,025.68 INVENTORY 8567815 V` 08131120 08122/20 09101/20 192.23 0100 0.00 192.23 INVENTORY 8570166 ✓ 08/31/20 08/22/20 09/01/20 498.26 0.00 0.00 498.26 ✓ INVENTORY file:IIIC:/Userslltrevinolcpsilmemmed.cpsinet.com/U88125/data_5/tmp_cw5report4074364... 9/ 1 /2022 Page 12 of 16 6680 „� 08/31/20 08/23/20 09/02/20 -72.65 0.00 0.00 -72.65 �- CREDIT 8675473 ✓ 08/31/20 08/23/20 09/02/20 17,02 0.00 0.00 17.D2 INVENTORY 8575474 r,Z 08/31/2008/23/200910PJ20 3,332.13 0.00 0.00 3,332.13 � INVENTORY 6681 �/ 08/31/20 08/23/20 09/02/20 -308.61 0.00 0.00 -308.61 CREDIT ✓ 8572763 08/31/2008/2312009/02/20 128.66 0.00 0.00 128.66 ✓ INVENTORY 8680615 ✓' 08/31/20 08/24/20 09/03/20 466.13 0.00 0.00 466.13 -' INVENTORY 8580614 „j' 08/31/20 08/24/20 09/03120 27.92 0.00 0100 27.92 INVENTORY ✓ 8577929 08/31/20 08/24120 09/03/20 74.69 0.00 0.00 74.69 INVENTORY 8577928 ✓/ 08/31/20 08/24/20 09/03120 5,784.76 0.00 0.00 5,764,76 INVENTORY Vendor Total: Number Name Gross Discount No -Pay Not 10536 MORRIS & DICKSON CO, LLC 17,716.90 0.00 0.00 17,716.90 Vendor# Vendor Name : Class. Pay Code 13548 NACOGDOCHES TRANSCRIPTION ✓/ Invoice# Comment Tran Dt Inv Dt Due Dt Check DPay Gross Discount No -Pay Net 7802 f/ 08/31/20 08/29/20 09/08/20 268.72 0.00 0.00 288.72 ✓ TRANSCRIPTION Vendor Totale Number Name Gross Discount No -Pay Net 13548 NACOGDOCHES TRANSCRIPTION 268.72 0.00 0.00 268.72 Vendor# Vendor Name Class Pay Code 01500 OLYMPUS AMERICA INC ✓ M Invoice# Comment Tran DI Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 33119671 / 08/31/2008/22/2009116/20 109.44 0.00 0.00 109,44 v� SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 01500 OLYMPUS AMERICA INC 109.44 0.00 0.00 109.4.4 Vendor# Vendor Name Class Pay Code 01416 ORTHO CLINICAL DIAGNOSTICS,/' Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 1852544722 08/31120 08/15/20 09114/20 752.16 0.00 0.00 752.16 v` SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 01416 ORTHO CLINICAL DIAGNOSTICS 752.16 0.00 0.00 752.16 Vendor# Vendor Name Class Pay Code 10372 PRECISION DYNAMICS CORP (POC) V,' Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 9350722796 ,// 08/31/20 08103/20 09102/20 20.16 0.00 0100 20.16 SUPPLIES 9350745122 ✓, 08/31/20 06/06/20 09/05/20 16.42 0.00 0.00 16.42 „-- SUPPLIES V Vendor TotalaNumber Name Gross Discount No -Pay Net 10372 PRECISION DYNAMICS CORP (PDC) 36.58 0.00 0.00 36.58 Vendor# Vendor Name Class Pay Code file:///C:lUsers/Itrevino/cpsi/memmed.cpsinet.coln/u88125/data 5/tmp cw5report4074364.,. 9/1/2022 Page 13 of 16 11251 RAPID PRINTING LLC ✓ Invoice# Comment Tran DI Inv Dt Due DI Check D Pay Gross 14087 ✓ 08/31/20 06/14/20 07M4/20 56.30 FOAM BOARD 14058 i' 08/31/20 06/20/20 06/30/20 42.00 FLYERS 14705 ✓ 08/31/20 08/15/20 08/25/20 143.00 SIGNS/FOAMBOARD 14704 V%' 08/31/20 08/15/20 08/25/20 53.00 BUSINESS CARDS Vendor Toleth Number Name Gross 11251 RAPID PRINTING LLC 294.30 Ventlor# Vendor Name Class Pay Code 11764 ROBERT RODRIQUEZ _/ Invoice# Comment Tran Dt Inv Dt Due Dt Check D- Pay Gross 083022 08/31/20 08/30/20 09/01/20 42.88 REIMBURSE Vendor Totals Number Name - Gross 11764 ROBERTRODRIQUEZ 42.88 Ventlor# Vendor Name Class Pay Code 80900 SAM'S CLUB DIRECT ✓ IN Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 082022 08/30/20 08/20/20 09/08/20 1.324.38 SUPPLIES Vendor Total Number Name Gross S0900 SAM'S CLUB DIRECT 1,324.38 Vendor# Vendor Name Class. Pay Code 12435 SHANNA O'DONNELL, FNP / Involae# Comment Tran DI Inv Dt Due Dt Check D Pay Gross 082522 08/31/20 08/26/20 09/01/20 129.00 LICENSE RENEWAL Vendor TolaIFNumber Name Gross 12436 SHANNA O'DONNELL, FNP 129.00 Vendor# Vendor Name Class Pay Code 10699 SIGN AD, LTD. �✓ Invoice# -Comment Tran Dt Inv Dt Due Dt Check D Pay Grosse 277391 ✓ 08/31120 08/01/20 08/11120 400.00 ADVERTSING 277924 ✓ 08131/20 08/01120 08/11/20 400.00 ADVERTISING Vendor Total. Number Name Gross 10699 SIGN AD, LTD. 800.00 Vendor# Vendor Name Class Pay Code 14500 SKYTRON LLC Invoice# Com/ment Tran Dt. Inv Dt Due Dt Check D Pay Gross CD99174016 uJ 08/31/20 07114/20 08/14120 52.00 SUPPLIES Vendor Totals Number Name Gross 14600 SKYTRON LLC 52.00 Vendor# Vendor Name Class Pay Code S2362 SMITH & NEPHEW,✓ Discount No -Pay Net 0.00 0.00 56.30 v 0.00 0.00 42.00 v' 0.00 0,00 143.00 0.00 0.00 53.00 Discount No -Pay Not 0.00 0.00 294.30 C Discount No -Pay Net ' 0.00 0.00 42.88 ✓' Discount No -Pay Net ' 0.00 0.00 42.88 Discount No -Pay Net 0.00 0.00 1,324.38 f Discount No -Pay Net 0.00 0.00 1.324.38 Discount No -Pay Net 0.00 0.00 129.00 Discount No -Pay Net 0.00 0.00 129.00 i Discount No -Pay Net 0.00 0.00 400.00 0.00 0100 400.00 ✓' Discount No -Pay Net 0.00 0.00 800.00 Discount No -Pay Net 0.00 0.00 52.00 Discount No -Pay Net 0.00 0.00 52.00 file:///C:/Users/ltrevino/cpsi/memmed.cpsinet.com/u88125/data 5/tmp_cw5report4074364... 9/1/2022 Page 14 of 16 Invoice# C/o�1ment Tran 01 Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 943887063 ✓ 08/3112008/2312008/81/20 1,194.00 0.00 0.00 1,194.00,/ SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net S2362 SMITH & NEPHEW 1,194.00 0.00 0.00 1,194.00 Vendor# Vendor Name Class Pay Code S3940 STERIS CORPORATION M Invoice# /Cpmment Tran Ot Inv or Due Dt Check D-PayGross Discount No -Pay Net 10308389 ✓ 08/31/20 08/24/20 09/18/20 202.80 0.00 0.00 202.80 ~ SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net S3940 STERIS CORPORATION 202.80 0.00 0.00 202.80 Vendor# Vendor Name Class Pay Code / 14212 SURGICAL DIRECT SOUTH I/ Invoice# Comment Tran Dt Inv Dt Due Ot Check D Pay Gross ✓ Discount No -Pay Net 9300 D8/31/2007/2812008/28/20 1,155.00 0.00 0.00 1,155.00 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 14212 SURGICAL DIRECT SOUTH 1,155.00 0.00 O.OD 1,165.00 Vendor# Vendor Name Class Pay Coda i 14524 SYSMEX AMERICA, INC. VJ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Grass 94378160 ✓ Discount No -Pay Net 08131/20 08/24/20 08/31/20 527,44 0.00 0.00 527.44 ✓ SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 14524 SYSMEX AMERICA; INC. 527.44 0.00 0.00 527.44 Vendor# Vendor Name Class Pay Code / T2204 TEXAS MUTUAL INSURANCE CO ,/' W Invoice# Comment Tran Dt Inv of Due or Check D Pay Gross Discount No -Pay Net ' 1003950490 ✓ 08/3112008124/2009/13/20 6,450.00 0.00 0.00 / 6,450.00 ✓ INSURANCE Vendor Totals Number Name Grass Discount No -Pay Net T2204 TEXAS MUTUAL INSURANCE CO 6,450.00 0.00 0.00 6,450.00 Vendor# Vendor Name Class Pay Code ,r T2250 TK ELEVATOR CORPORATION ✓ M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 6000594876 '// 08/31/20 08/12/20 08/25/20 1.700.00 0.00 0.00 1,700.00 ✓f LABOR/REPAIR Vendor Totals Number Name Gross Discount No -Pay Net T2250 TK ELEVATOR CORPORATION 1,700.00 0.00 0,00 1,700.00 Vendor# Vendor Name - Class Pay Code T3334 TRINITY PHYSICS CONSULTING LLC ✓ W Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 035467 ✓ 08131/20 07121120 08/20/20 1.600,00 0.00 0.00 1,600.00 MAMMO EVAL Vendor Totals Number Name Gross Discount No -Pay Net T3334 TRINITY PHYSICS CONSULTING LLC 1,600.00 0.00 0.00 1.600.00 Vendor# Vendor Name Class Pay Code 14208 TRUSTED HEALTH, INC ✓ Invoice# .Comment Tran Dt Inv Dt Due Ot Check D Pay Gross Discount No -Pay Not INV10834r/ 08/3l/2007102/2008/01/20 51657.50 0.00 0.00 5,657.50 file:///C:/Users4trevino/cpsi/memmed.cpsinet.con-t/u8 8125/data_5/tmp_cw5report4074364... 9/1 /2022 Page 15 of 16 Vendor Totals Number Name Grass Discount No -Pay Net 14208 TRUSTED HEALTH, INC 5,657.50 0.00 0.00 5,657.50 Vendor# Vendor Name Class Pay Code 11001 ULINE / Invoice# C mment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 152764274 08/31/20 08/17/20 09/16/20 388.20 0.00 0.00 388.20 SUPPLIES Vendor Total: Number Name Gross Discount No -Pay Net 11001 ULINE 388.20 0.00 0.00 388.20 Vendor# Vendor Name Class Pay Cade i / U1064 UNIFIRST HOLDINGS INC ✓ Invoice# C mment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 8400402191 v]. 08/31/20 08/22/20 09/16/20 40.62 0.00 0.00 40.62 LAUNDRY 8400402212 ✓ 08/31/2008122/200911612D 1,905.81 0.00 0.00 1,905.81 LAS NDRY 8400402190 �/ 08/31/20 08/22/20 09/16l20 40.15 0.00 0.00 48.15✓/ LAUNDRY 8400402533 ,/ 08411 /20 08125P20 09/19/20 89.99 0.00 0.00 f 89.99 ✓ LAUNDRY 8400402515 >/ 08/31 /20 08/25/20 09/19/20 201.59 0.00 0.00 201.59 ✓� LAUjJDRY 8400402540✓/ 08/31/2006/25/2009/19/20 1,678.48 0.00 0.00 1,878.48,% LAUNDRY 8400402655 08/31/20 08/25/20 09/19/20 77.59 0.00 0.00 77.59 LA/UNDRY 8400402517 08/31/20 08/25/20 09/19/20 ✓ 190.01 0.00 0.00 190.01 AUNDRY LAUNDRY 8400402514 ✓ 08/3V20 08/25/20 09/19/20 26.76 0.00 0.00 / 26.76 ✓ lrjUNORY ✓ 8400402518 08/31/20 08/25/20 09/19/20 208.13 0.00 0.00 208.13 ,/ LAUNDRY Vendor Totals Number Name Grass Discount No -Pay Net U1064 UNIFIRST HOLDINGS INC 4.667.13 0.00 0.00 4,667.13 Vendor# Vendor Name Class Pay Code / U1056 UNIFORM ADVANTAGE ✓ W Invoice# Com ent Tran Dt Inv Dt Due Ot Check D-Pay Gross Discount No -Pay Not SIV12611244 08/17120 07126120 08110/20 123.91 0.00 0.00 123.91 UNIFORM Vendor Totals Number Name Gross Discount No -Pay Net U1056 UNIFORM ADVANTAGE 123.91 0.00 0.00 123.91 Vendor# Vendor Name Class Pay Code 12208 WAGEWORKS Invoice# Comment Tran Dt Inv Dt Due of Check D Pay Gross Discount No -Pay Net INV4127993 / 08/31/2008124/2009/01/20 496.25 0.00 0.00 496.25 AOMItJ/COMPLIANCE FEE ✓,.� INV4139366 // 08131/2008/24/20 OW01120 396.50 0.00 0.00 396-50 COMPLIANCE FEE "z , Vendor Totals Number Name Gross Discount No -Pay Net 12208 WAGEWORKS 892.75 0.00 0.00 892.75 file:/!/C:/Users/Itrevino/cpsi/memmed.cpsinet,com/u88125/data 5/tmp_cw5report4074364.,. 9/1/2022 Page 16 of 16 Vendor# Vendor Name Class Pay Code 10793 WAGEWORKS, INC. Invoice# Comment Tran Dt Inv Dt Due Dt Check 0 Pay Gross Discount No -Pay Net 082522 08/31/20 08125/20 09101120 3.264.15 0.00 0.00 3,264.15 PAYROLL DEDUCT . Vendor Totals Number Name Gross Discount No -Pay Net 10793 WAGEWORKS, INC. 3,264.15 0.00 0.00 3,264.15 Vendor# Vendor Name Class Pay Code 11110 WERFEN USA LLC IZ Invoice» Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 9111191878 ✓ 08/01/20 07126/20 08/20120 1,653.90 0.00 0.00 1,653.90 .� SUPPLIES / 9111202295 ✓ 08/24120 08117/20 09/17120 1,164.61 0.00 0.00 1,154.61 SUPPLIES , Vendor Totals Number Name Grass Discount No -Pay Net 11110 WERFEN USA LLC 2,808.51 0.00 (1.00 2,808.51 Vendor# Vendor Name Class Pay Code 11400 WEST COAST MEDICAL RESOURCES J Invoice# Comment Tran Dt Inv of Due Dt Check D Pay Gross Discount No -Pay Net INVO88703 Z 08131/2008118/2008131120 316.00 0.00 0.00 316.00 SUPPLIES INVO68858 ,/ OSM1/2008/23/2008131/20 9.00 0.00 0.00 9.00 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 11400 WEST COAST MEDICAL RESOURCES 325.00 0.00 0.00 325.00 Report Summary Grand Totals: Gross Discount No -Pay Net 168,506.70 0.00 0.00 168,506.70 p� 1 CoYltr Mm. 410.00> P y , cuvtru+VV) 1 < 1fl1.03� Py II toylgc4irv� L<35a.68> APPROVEDOIV $ IbG,ti`t3 SEP 4 1 Zr^7 BY COUNTY AUDITOR CALHOUN COUNTY, TEXA$ file;l//C;iUserslltrevino/cpsilmemmed.cpsinet.com/u88125/data_5/tmp_pw5report4O74364... 9/ 1/2022 Page I of l RECEIVED BY THE COUNTY AUDITOR ON SEP 0 2 2022 09/02/2022 CALHOU19:PUNTY, TEXAS MEMORIAL MEDICAL CENTER AP Open Invoice List 0 Dates Through: ap_open_invoice.template Vendor# Vendor Name Class Pay Code H0031 HEB CREDIT RECEIVABLES DEPT308 Invoice# Comment Tran Dt Inv Dt Due Dt Check O Pay Gross Discount No -Pay 082522 09/02/20. 08/01/2008125120. 986.08 0.00 0.00 SUPPLIES Vendor Totale Number Name Gross Discount No -Pay H0031 HEB CREDIT RECEIVABLES DEPT308 986.08 0.00 0.00 Report Summary Grand Totals: Gross Discount No -Pay 986.08 0.00 0.00 SEP 0 2 2022 6Y COUNTY AUDITOR CALHOUN COUNTY, TEXAS Net 986.08 Net 986.08 Net 986.08 file:///C:/Users/Itrevino/cpsi/memmed.cpsinet.com/u88125/data_5Amp_cw5report6985638... 9/2/2022 MSKE$SON STATEMENT As d: 0910212022 Page: 002 To eomre prefer crud° to your ecwum, detach and atom this company: eeoe stub with your modflamet Be: 8115 As of: 09/02/2022 Page: 002 MEMORIAL MEDICAL CENTER qMT DUE REMITTED VIA ACH DEBIT Tenllory: Mom fee Cmnp: 8000 AP Statement for iniormalian only ANT DUE REMITTED VIA ACH DEBIT 815 N VIRGINIA STREET aRomen 2536 Staomml for Information only PORT IAVACA TX 77979 D Dale: 08l0313/2022 Dust: 632536 IKEASE CHECK ANY Date: 09/0312022 fTEMS NOT PAW (N) yllirg Due Reeelv.011stlonal Amount bwe Cash Armurd P Amount P RmeNable, )ate Date Number Refentlro Description Disouunt (9.) R (not) P Number +F column fegeul: P = Past Ous Item, F = Future Due Item. blank = Curtenl Due Item 'OTAO National Aaat 632536 MEMORIAL MEDICAL CENTER Subtotelc 9,176.51 USD More Due: 0.00 Due It Feld On Time: It Paid By 0910612022, USD 8.992.97 aarot Due: 0.00 Pay This An ouM: 6.992.97 USD Dim Ind N paid late: 183.54 Ad Payment 2,451.97 N Paid After 0910612022, OW If Paid late: 18/0712017 Any title Amount: 9,176.61 USD USD 9,176.51 16 APPROVED ON SEP 06 2022 CARLHOOUN CW� n76NAi For AR Inquiries please contact 800-867-0333 MSKESSON STATEMENT As al: U910212022 Page: 001 To «lane Proper credit to your account, detach and return this WmpwY:.000 ah6 with Vwr shafth Me DC: 8115 A. of: 09/02/2022 Page: 001 HEB PHCY 0434/MEM MED PHS AMT DUE REMITTED VIA ACH DEBIT Territory: 7001 Mall tax Camp: B000 MEMORIAL MEDICAL CENTER Statement for Inlarmalion only VICKY KAUSEK AMT DUE REMITTED VIA ACH DEBIT Ctmtamer. 3 19081 815 N VIRGINIA ST man 1 081 Statement far information only cute; PORT IAVACA T% 77979 Cast: 190813 PLEASE CHECK ANY Dab: 09/03/2022 ITEMS NOT PAID colonel Acepml a6.vy��c�ayfi Mlllrg Due Reeelvabl� bW y—(+) Cash )ate One Number Reference Deaeriplbn Discount Amount P (gmsa) F Amount P RtteMMe Item) F Number I I :ustomer Number 190813 HER PHCY 0434/MEA MED PHS II _. II 18/31/2022 09/06/2022 7363374605 2017OB0501 1151moies 0.07 3.67 3.60✓ 7363374605 19/0202022 09/06/2022 7363890889 2017060763 115Invoice 0.27 13.39 13.12.-' 7363890889 W solemn IellmM: P = Past One Item, F = " m due Item, blank = Current Due Item 'OTAL• Cumaner Number 190913 HEB PHCY 0434RME8 MEO pH5 Subtomalw 17.06 USO keum on. 0.00 Due If Peld On Time. It Paid By 09106/2022, USD 16.72 Mat Due: 0.00 Pay This. Amount: 16.72 USD DNc lost 0 paid late: act Payment 4,418.55 If PaW Alter 09106/2022, cue It Pent lab: 0.34 I8/29/2022 Pay this Amount: 17.06 USE, USD 17.06 AP ROYWtN SEP 06 2022 SY COUNTY AUDITOR CALHOUN COUNTY. TEXAS For AR Inquiries please contact 800-867-0333 MSKESSON STATEMENT As of: 09/02/2022 Page: Out To emus Proper credit to your eacoult, detach and mum this Oona•nv: ..so stub wfh your Old. DC: 8115 As of: 09/02/2022 Page: 001 WALMART 1098/MBA MED PHS AMT DUE REMITTED VIA ACH DEBIT Territory: 400 Mail to: Camp: ROOD MEMORIAL MEDICAL CENTER Statement for Information only AMT DUE REMITTED VIA ACH DEBIT VICKY KAUSEK Customer: 256342 Statement for Intonation only 815 N VIRGINIA ST POflr LAVACA TX 77979 Date: 09/03/2022 Cast: 256342 PLEASE CHECK ANY Date: 09/03/2022 ITEMS NOT PAID (1) YIIb1g Ous )rte Dale fi Recehlble' DYner a4etbml Amwnt Asimm Number Refenmm Cash Description Discount Amount P (9-11 F Amount P ikmNaMe (rot) F Number :LLatam, Numb, 256342 WALMAHr 1088/MBA M® PHS 18/292022 09/06/2022 7362818172 44554618 )829/2022 09/06/2022 7362818173 44554518 1829/2022 09/06/2022 7362818174 44593768 1829/2022 09/00/2022 7362996135 44619047 18/29/2022 09/06/2022 7362996136 44586966 1912SJ2022 09/06/2022 7362996137 44656857 18/29/2022 09/06/2022 7302996138 44595138 18/30/2022 09/06/2022 7363123906 44820673 18/302022 09/06/2022 7363276997 44786408 18/31M022 09/062022 7363370040 44904576 19/312022 09/06/2022 7363376049 44904575 18/31/2022 D9/06/2022 7363386943 44968664 18/31/2022 09/06/2022 7363569564 44896370 19/012022 09/00/2022 7363640587 46034031 19102M022 09/06/2022 7363897651 45146336 19JO212022 09/06/2022 7363897554 45146336 19/02/2022 09/06/2022 7363897555 45212360 19/022022 09/06/2022 7363897558 45205099 1F column legend: P = Past Om Item, F = Putum Om Hart, Monk = 1151nva1ce 11 Simmice 1151w01ce 1951nvoice 1951matur, 1151mmics 1151nvoice 1151nvoice 1951nvolce 1151nvoice 1151nvorce 1151mmice, /951nvoice 1151nv01ce 1151mmice 1161nvoice 11 simoice 11 SInsolce Current Due Item 22.81 0.02 7.64 0.02 3.87 1.98 0.01 5,70 23.62 0.01 32.99 2.90 11.40 13.65 7,02 2.64 1.140.73 0.95 381.80 0.95 193.28 99.12 0.32 284.90 1,180.97 0.02 0.71 1,649.57 145.19 569A0 682.50 350.99 0.04 131.90 1,117.92✓ 0.93✓ 374.16✓ 0,93✓ 189.41 ✓ 97.14✓ 0.31 `� 279.20✓ 1,157.35✓ 0.02 1/ 0.70 ✓ 1,616.58 ✓ 142.29✓ 658.40 ✓ 668.85 t/ 343.97 ✓ 0.04 ✓ 129.26 7362818172 7362818173 7362818174 7362996135 7362996136 7362996137 7362996138 7363123906 7363276997 73633]8047 7363376049 73633:6943 736359584 7363640587 7353897551 7363897554 7363097555 736389755E 'OTAL Customer Numb, 256342 WAU1ANr 1098/MEM MED MIS 9uMrt01m 6,813.74 USD rolum Due: 0.00 Due It Paid On Time: If Paid BY 09106/2022, USD 6,677.46 'art Om: 0.00 Pay This Amount: 6,677.46 USO Dls9 lost if paid tale APPROVED APPROVED 136.28 Ad Payment if Paid After 0910612022. Due It Paid Late: 18/29/2022 SEP 06 2022 Pay this Amount: 6,813.74 USD USD 6.813.74 BYCOUNTYAUDITOR CALHOUN COUNTY, Tk"`(, AS = a For AR Inquiries please contact 800-867-0333 MSKESSON STATEMENT As of: 09/02/2022 Papa: 001 TO alume Pratte, credit to Your amount, detach and Mum this unwrV: ado4 atub with your remKranee DC: 8115 As of: 09/02/2022 Page: 001 HIB PRY FC 490/MBA Me HMS ANT DUE REMITTED VIA ACH DEBIT Territory: 400 Mail he Camp: 8000 MENIORIAL MEDICAL CENTER Statement for Information only AMT OUE REMITTED VIA ACH DEBIT VICKY KAUSEf Cucomer: 464450 Statement for information only 815 N VIRGINIA ST Date: 09/03/2022 PORT IAVACA TX 77979 Chmt: 464450 PLEASE CHOCK ANY Data: 09/03/2022 ITEMS NOT PAID I,) AL 9I0ng Due ��n Ree ivabl6' "ond Account tV&T6 cam Amount P Amount R Vabfe ,ate Date Number Reference,DamdpOan Discount (9.) F (net) F Number ,uatemer Number 464450 H® MY FC 490/111134 MC MS 18/29/2022 09/06/2022 7362802093 5SX692738 1151nvoice 2.85 142.30 139.45✓ 7362802093 16/30/2022 09/06/2022 7363126126 SSX69SO42 tisinvolce 2.60 125.13 122.63✓ 7363126126 .8131/2022 09/06/2022 7363373567 55098916 1151nvcico 0.51 25.27 24.76✓ 7363373567 19/01/2022 09/05/2022 7363623821 5SX700422 1151nve1ce 0.36 17.96 17.501/ 7363623821 19/02/2022 09106/2022 7363896113 55.703548 1151nvoice 38,34 1.917.00 1.878.66 7363895118 19/02/2022 09/06/2022 7363896119 55.703652 1151nvolce 1.26 62.93 61.67 7353695119 V column "ad: P = Peet Due Item, F = Future Due Item, blank = Current Due Item MTAL Cottoned, Number 464450 H® MY FC 4001MEM MC PHS Subtotal¢: 2.290.59 USD 9dura Due. 0.00 Due H Paid Dn Time: If PaM By 0910612022, / USD 2,244.77 1/ Nast Due: 0.00 Pay This Amount: 2.244,77 USO Dlc brat if paid late: 45.82 AM Payment 4.418.55 11 Paid Alter 0910612022, Due If Pald Late: r8/29/2022 Pay [Ne Amount: 2.290.59 USD USD 2.290.59 APPROVE© ON SEP 06 2027. BYCOUNTYALIDITOR CAUIOUN COUNTY, TEXAS For AR Inquiries please contact 800-867-0333 MSKESSONSTATEMENT As of: 09/02/2022 Page: 001 TO emm, Proper credit to your seeded, dated, and lemon, this da.W,: eaoe dub with your fId,, DC: 0115 As of: 09/02/2022 page: 001 CVS PHCY 8923/MBA me PHS AMT DUE REMITTED VIA ACH DEBIT Tarts 400 Mall to: Comp: 8000 MEMORIAL MEDICAL CENTER Statement Slalemenl for Inlormation only AMT DUE REMITTED VIA ACH DEER VICKY KAL16IX Customs: 835434 Statement for information only 615 N VIRGINIA ST Date: 09/03/2022 Polar LAVACA TX 77979 Cud: 835434 PLEASE CHECK ANY Data: 09/0312022 ITEMS NOT PA�IDy�(✓—)I t AMrg Due Rew,adbv aow'Account 36 Cash Amount P Amount P Rxelvab1. fate Date Number Reference Description Discount (gross) F fast) F Number )ustamer Number 635434 CVS PHCY 8923/MBA Me PHIS 18/31/2022 09/06/2022 7363380162 1854104 1151ramt. 1.10 55.12 54.02 f 7363380162 O W column legend: P = Pad Use Item, F = Furore Due Item, blank = Current Due Item -OFFAL Cudwrer Nunbar 835434 CVS PHCY 88231MEM MC PHIS Sublotals: 55.12 USD inure Due: 0.00 Due It Pad On Time: It Paid By 0910612022, USD 54.02 'ad Due: 0.00 Pay This Amount: 54.02 USD Dim lost 0 paid lets: 1.10 Ad Payment 4.418.55 II ftM Aft. 0910612022, Due It Paid late: 10/29/2022 Pay this Amount: 55.12 USD USD 55.12 APPROVED ON SEP 06 2022 BY COUNTY AUDITOR CALHO'_Ip., CC U NTY,'"An For AR Inquiries please contact 800-867-0333 AmensourceBergen` STATEMENT Statement Number. 63671372 lore Date: 09-02-2022 AMERIS40URCESERGEN DRUG CORP WALGREENS #12494 340E 12727 W. AIRPORT BLVD. ' SUGAR LAND TX 7747MI01 MEMORIAL MEDICAL CENTER 100135284/ 037028186 1302 N VIRGINIA ST PORT LAVACA TX 77979-2509 DEA: RA0289276 Set -Fri Dueio7deys 866-451-9655 AMERISOURCESERGEN P.O. Boa 905223 CHARLOTTE NC 282905223 Not Yet Due: 0.00 Cuveni: 11665.19 Pest Due: 0.00 TOW Due: 1.665.19 Account Selance: 1.865.19 Account Activity Document Due Reference Purchase Order Document Original Last Receipt Amount Received Balance) Date Date Number Number Type Amount W29-2022 M09-2022 31N253631 187300 1. 1.69 08-29-2022 09-0&2022 31042SW32 167302 Invoice 231.15 0.00 1.68 0&29.2022 095&2022 3104253633 167303 Invoke c27 0.00 231.15y 08-29-2022 09.092022 3104253634 1673M Invoice 12.92 0.00 0.27„� OB-2&2022 09.09•2022 3104289089 187351 Invoice 489.50 0.00 12.92 00-30-2022 09-09-2022 3IW23894 167361 Invoke 91.79 0.00 469.02 08-30.2022 09-04-2022 U8315297 166917 Invoice (12.64) 0.00 91.79 W8 -2022 09-09-2022 U8315MB 165917 Invoice 12.25 0.00 (12.64) Ge-W-2022 09-09-2022 34MI5295 166983 Invoice (12.64) 0.00 12.25 06-30-2022 09.09-2022 348315296 166983 Inwice 12.25 0.00 (12.80) 08-30-2022 09-0&2022 U83154M 167166 Invoice (12.64) 0.00 12.25 W-30-2022 09.09.2022 348315487 1671M Invoice 12.25 0.00 09.30.2022 09-09-2022 348315494 1W175 Involve (12.64) 0.00 12,25 0&30.2022 09-09-2022 348315495 167175 Invoice 12.25 0.00 02.GN 08-31-2022 09-09.2022 3104564217 167370 Invoice 1.33 0.00 12.25 09-01-2022 0&09-ZO22 31N710945 167381 Invoice 825.24 0.00 1.33 04-01-2022 09-09.2022 31N710946 167382 Invoice 1643 0.00 825.24 ✓/ 09-02-2022 09-0&2022 31D4876716 167394 Invoice 16.49 0.00 16.49 ✓ 0.00 16.4 Amer�tsourceBergen• STATEMENT Number. 63671372 Date: 09-02-2022 2of2 Current 1,865.19 1-15 Days o.ao 16-30 Days 0.00 31-60 Days ooa 61.90 Da s Y 000 91-120 Days 060 Over 120 Days 0.00 Thank You for Your Payment Date Amount 09-02-2022 (43861) APPROVEDON SEP 0 6 2 ,2 DY COUNN AUDITOR CAIHOUN COUNTY, TEXAN [Due eminders Date �nt -09-2022 1-W U Total Due: 1,665.19 TOLL FEE PHONE NUMBER: 1-800-555-3453 (EFTPS TUTORIAL SYSTEM: 1-800-572-8683) a"ENTER 9-DIGIT TAXPAYER IDENTIFICATION NUMBER" El --ENTER YOUR 4-DIGIT PIN" "MAKE A PAYMENT, PRESS 1" "ENTER THE TAX TYPE NUMBER FOLLOWED BY THE # SIGN" E"IF FEDERAL TAX DEPOSIT ENTER 1" "ENTER 2-DIGIT TAX FILING YEAR" "ENTER 2-DIGIT TAX 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" F-1"6-DIGIT SETTLEMENT DATE" "1 TO CONFIRM" ACKNOWLEDGEMENT NUMBER ##q# ENTER: $ 98.18 1 $ 79.58 $ 18.60 CHECK 5 CALLED IN BY: CALLED IN DATE: CALLED IN TIME: # FAAP-Payroll Files%Payroll Taze5t2022WI0 R2 MMC TAX DEPOSIT WORKSHEET 8.25.22.:Is 9/012022 941 REC/TAX DEPOSIT FOR MMC PAYROLL PAY PERIOD: BEGIN PAY PERIOD: END PAY DATE: GROSS PAY: DEDUCTIONS: AIR. ADVANC BOOTS SUNLIFE CRITICAL ILLNESS SUNLIFE ACCIDENT SUNLIFE VISION SUNLIFE SHORT TERM DIS BCBS VISION CAFE-D CAFE-H CAFE-P CANCER CHILD CLINIC COMBIN CREOUN DENTAL DEP-LF SUNLIFE TERM LIFE SUNLIFE HOSP INDEM FED TAX FICA,61 FICA-0 FIRST C FLEX S FLX-FE GIFT S GRP4N GTL HOSP4 LEGAL OTHER NATIONAL FARM LIFE MEDSURCHARGE PR PIN RELAY REPAY STONEDF STONE STONE 2 STUDEN TSA-R UW/H0S TOTAL DEDUCTIONS NET PAY: TOTAL CAFE 12S PLAN: TAXABLE PAY: $ 641.70 $ 641.70 FICA - MED(ER) S "CALCULATED-' From MMCReeAe DlRereRee FICA -MED IEE) �..;v S 9.30 9.30 S 9.30 S - FICA -SOC SEC (ER) S 39.79 FICA -SOC SEC IEE) arrow $ 39.79 $ 39.79 5 FED WITHHOLDING S $ TAX DEPOSIT: S 98.1e S 9818 FICA -MEDICARE xscw S 18.60 518.60 FICA - SOCIAL SECURITY r..vx S 79.58 579.58 PREPARED BY: FED WITHHOLDING $ - $0.00 PREPARED DATE: TOTAL TAX: $ 98.18 $98.18 $ - REVISED 3/182014 TOTALS $ 641.70 Employees over FICA -SS Cap: Payeode S - Employee Relm6.: 9.30 39.79 44.92 94.01 547.69 ExemptAmt: S S S - TOTAL: $ Caillin Clevenger 9/6/2022 e18 R2 MMC TAX DEPOSM WORKSHEET 82522" TAX DEPOSIT WORKSHEET 902022 Run, Date: 09i O6/22 p_MORIAL MEDICAL COMER Pace 1 Time: 09:12 Payroll Register ! Ei-Eeekiy Pay Perird O 12/22 - OS 25t22 Run+ - Department 060 Dept. Sequence -- e I U- o g e e ----- -- T i n e--------------------------------------------- - D e d u c t i o n s .......................... INun/Type/!rave/Pay/ExemotIPayCd Dept Hrs OT1S9IREj40j CEj Rate Gross I Code Amomt -------------- ..................... ........................................ ...................................................... • 60165 FT Hriy: 10.2500 F. 060 16.00 11 11 N N L6.3500 165.60 FTCA•M 9.30 FICA-) 39.79 TEA-R 44.9, MiGDALIA CL4.HO F 060 46.00 N N 1; N 10.3500 476. 10 Fed -Ex: 5-00 St -EX: -00 •..--....-_----------- Total: 62.00 _------------- I Gross: 641.70 Deduction: 94.01 Der 547.69 i Department Summary �.. P a y C o d e S u m m a r y -----------------•-------- PavC'd Des:rintion irs GT(EEIeEIHOICFj ----------------------------------------------- ---------- .. E.CIE2DIEG•ILLN£55.6A1iH 15.OD 11 N N N P PAID-TI.kr-OFF 46.00 N 11 !7 L '-------•------- Department Totals: 52.00------- ! Gross: Checks Cant:- FT L PT Other Female 1 Hale ........................................................... --------- D e d u c t i o n s S g m m a r'I-------------� Gross . Cie ��cunt ---------------------------------------------------------------• 165.60 kR A?R2 ,4/R3 476.10 ANP1 C AHAi.DS Ertl'!I EGOTS CAFE N CAFE-1 ,AFE-5 CAFE-C CAFE-D CAFE-F CAFE-H C?FE-I ',AFE-L :M-P CANCER CHILD CLINIC COMBIN MnM DD AV." MMI DE?-LF DIS-LF EAT EATC5H FEDI£i FICA-M 9.70 39 J5 FiRSTC FUX S FM FE FORT D FUTA GT` S ZLMr GEP•IN GIL HOSP-I ID IF, LUF L£GFd MASA „v^_g.S MET4IS MIS, MISC/ WERE NATERL D ." PHI F... PR Fill RELAY REPAY SANS SCRUBS SIGNO11 STONiF MINE STONE2 STODER SLNACC KIM-, LL SUTIIND SC"Fi,IF SLNSTD SUNIIIS SU'nCIG T<.A-1 TSA-2 TSA-C -. IS,? TSA-R 44.52 TLT.FO11 L141FOR DN/HOS , 541.70 Deductions: Moi Net _547.69 }. Credit OverAmt E:ro11ec Tern Total: 1 ---..............................._........... '.9/8:/2i ?n �eric9 85!i2;1E•-;!,'r;Zi a.<.: 2 Data Sank Desc,44cn 8/26/2022 WIRE OUT CBNA INCOMING SETTLEMENTACCOUNT 8/29/2022 PAY PLUS ACHTRANS 452579291101000695038951 8/30/2022 PAY PLUS ACHTRANS 452579291 101000695951770 8/30/2022 MUES50N DRUG AUTO ACH ACH05156598 910000125 8/31/2022 PAY PLUS ACHTRAN5452579291101000696950869 9/1/2022 PAY PLUS ACHTRAN5452579291101000697972525 9/2/2022 PAY PLUS AC ITRAN5452579291101000698921511 9/2/2022 EXPERTP AY EXPERTPAY 74600341191MOD11082834 9/2/2022 AMERISOURCE BERG PAYMENTS 010OW7768 2100002 9/2/2022 MEMORIAL MEDICAL PAYROLL 746003411113222650 9/2/2022 AUTHNE-GATEWAY BILLING 1244591781040000175 MEMORIAL MEDICAL CENTER PROSPERITY BANK OPERATING ACCOUNT --August 29, 2022 - September 4, 2022 MMCNates -CIIIBank Corporate Card Payment 3rd Party Payor Fee 3rd Party Payor Fee -340B Drug Program Expense 3rd Party Payor Fee -3rd Party Payor Fee - 3r1 Party Payor Fee -Child Support Payment - 340B Drug Program Expense Payroll - 3rd Party Payor Fee I/ September 6, 2022 WILLIAM LITTLE, CFO Memorial Medical Center W2�,Dr,',V�21vr.�. og3P'L'L LLB PROSPERITYBANK fT ••TyNai UE-7,4-27-c' ELECTRONICTRANSFERS FOR OPERATING ACCOUNT— ESTIMATED ACHS Data Desolation WILLIAM LITTLE, CFO Memorial Medical Center 44 crux cps, 2 U Amount 3,491.461i'�" Si - -, 4 418.55 p 1 u4 4 �ilidAT. ' �438.614f gvplr�YA�1 2 2 9 v J 1 396,258.55:j- 29.84 2 b4 397p5176 I ' ` ' 524fm 61, T Mai Amount 1)%• � f: I i September 6, 2022 p4(I APPAOVE l ON SEP 0 6 2022 BYCOUNTY AUDIf6A CALHOUN COUNTY; jf (SM Page I of I RECEIVED eY THE Dygtf/20PyDITOR ON MEMORIAL MEDICAL CENTER �1 O 2022 AP Open Invoice List 0 Dates Through: ap_open_invoice.template CAIVepndoor# Vendor Name 1 OCOAMO RDENS Class Pay Code Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 082622 08/31/20 08/26/20 09/26/20 2,990.88 0.00 0.00 / 21990.88 JULY UHC QIPP Vendor Totals, Number Name Grass Discount No -Pay Net 11816 ASHFORD GARDENS 2,990.88 0.00 0.00 2,990.88 Report Summary Grand Totals: Gross Discount No -Pay Net 2,990.88 0.00 0.00 2,990.88 APPROVED ON SEP 01 2022 BY COUNTY AUDITOR o CALHOUN COUNTY, TEXAS file://1C:/Users/ltrevino/cpsi/memmed.cpsinet.com/u88125/data_5/tmp_cw5report8936862... 9/1 /2022 COUNTY A DITOR ON 0 ZOZZ MEMORIAL MEDICAL CENTER 11:22 AP Open Invoice List Dates Throu h• 0 ap_openinvoice.template �u1 D CA `�8'fiWww afs"as Class Pay Code 11828 SOLERA WEST HOUSTON Invoice# Comment Tran Dt Inv or Due Dt Check D Pay Gross Discount No -Pay 082822 08/31/2008126120 D9/26120 1,404.39 0.00 0.00 JULY UHC OIPP 082922 08/31/2008/29/2D 09/26/20 TRANSFERVN JNUVAPU. VDKw 6tfo6Vtct 972.50 0.00 0.00 l.,}y KK&L. Qpµ4, i Vendor Total: Number Name Gross Discount :ICY -Pay 11828 SOLERA WEST HOUSTON 2,376.89 0.00 0.00 Report Summary Grand Totals: Gross Discount No -Pay 2,376.89 0.00 0.00 SEP 0 12022 BY COUNTY AUDITOR CALHOUN COUNTY, TEXAS Page 1 of 1 Net / 1,404,39 V 972.50 Net 2,376.89 Net 2,376.09 file:///C:/Users/itrevino/cpsilmemmed.cpsitiet.com/u88l25/data 5/tmp_pw5report2312401... 9/1/2022 Page 1 of 1 RECEIVED BY THE COUNTYAUDITORON SEPog/O,JAW MEMORIAL MEDICAL CENTER AP Open Invoice List 0 11:22 ap_open_invoice.template OAWOUN COUI4TY,711NA$ Dates Through: Vendor# Vendor Name Class Pay Code 11820 FORTBEND HEALTHCARE CENTER Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Grass Discount No -Pay Net 082222 08/30/20 08/22/20 09/26/20 183.48 0.00 0.00 183.48 1 TRANSFER NR 10SQykjLtL poKf C1tp0Q-+tA lk-i1 hgk.L Opink:411'� / 082622 08131/20 08/26/20 09/26/20 1,250.97 0.00 O. 1,250.97 JULY UHC QIPP Vendor Total: Number Name Gross Discount No -Pay Net 11820 FORTBEND HEALTHCARE CENTER 1,434.45 0.00 0.00 1,434.45 Report Summary Grand Totals: Gross Discount No -Pay Net 1,434.45 0.00 0.00 1,434.415 APPRf,1VED OM SEP 01 2022 UDITOR COUNTY. CBL40UUN 7EXATi XA 5 0 file:///C:/Users/ltrevino/cpsi/memmed.cpsinet.com/u88125/data_5/tmp_cw5report8367710... 9/ 1 /2022 Page 1 of 1 RECEIVED BY THE COU��NNppTY((��AUDITOR ON Sjb9/04/J22 022 MEMORIAL MEDICAL CENTER AP Open Invoice List 11:24 CALHOUN COUNTY, IE W8 Dates Through: Vendork Vendor Name Class Pay Code 11832 BROADMOOR AT CREEKSIDE PARK/ Invoice# Comment Tran Dt Inv Dt Due Ot Check D Pay Gross 062622 08/31/20 08/26/20 09126/20 1,460.49 JULY UHC OIPP Vendor Totals Number Name Gross 11832 BROADMOOR AT CREEKSIDE PARK 1,460.49 Report Summary Grand Totals:. Gross Discount 1,460.49 0.00 APPROVE() ON SEP 01 2022 BY COUNTY AUDITOR CALHOUN COUNTY, TE>fAS 0 ap_open_invoice.template Discount No -Pay Net 0.00 0.00 1,460.49 ,//. . Discount No -Pay Net 0.00 0.00 1,460.49 No -Pay Net 0.00 1,460.49 s file:///C:/tTsers/ltrevino/cpsilmemmed.cpsinet.com/u88125/data_5/tmp_cw5report508203 8... 9/1 /2022 Page 1 of 1 RECEIVED BY THE COUNTY AUDITOR ON ro'9194422022 MEMORIAL MEDICAL CENTER 0 11:23 AP Open Invoice List _ y ap_open_invoice.template 'couiurv, Tomas Dates Through: Vendor# Vendor Name Class Pay Code 11824 THE CRESCENT Invoice# Comment Tran Ot Inv Dt Due Ot Check D Pay Gross Discount No -Pay Net 082622 08/31/20 08/26/20 09126/20 1,153.80 0.00 0.00 1,153.80 ✓ JULY UHC QIPP 082922 08/31/20 08/29/20 09126/20 11,556.72 0.00 0.00 11,556.72 TRANSFER �ff .1114U MK(i pdw.t atpohit L th-� %..wt_t, Vendor Total: Number Name Gross Discount 0 No -Pay Net 11824 THE CRESCENT 12,710.52 0.00 0.00 12,710.52 Report Summary Grand Totals: Gross Discount No -Pay Net 12,710.52 0.00 0.00 12,710.52 APPROVED ON SEP 01 2022 By COUNTY AUDITOR CALHOUN COUNTY, TEXAS file:///C:/UsersAtrevino/cpsi/memmed.cpsinet.com/u88125/data_5/tmp cw5report5447740... 9/1/2022 Page 1 of 1 By THE D9jITOR COUNTY AVE ON 8r/O10l202'L' 22 MEMORIAL MEDICAL CENTER :f p 'tvw2_��_ IEXAg AP Open Invoice List 0 ap_open_invoice.template Dates Through: Vendor# Vendor Name Class Pay Code 11836 GOLDENCREEK HEALTHCARE ti Invoice# Comment Tran Dt Inv Dt Due Ot Check D Pay Gross Discount No -Pay Net 082422 08/30/20 08/24/20 09/26/20 10,356.75 0.00 0.00 10.356.75 ✓ 1. TRANSFER NNinsuyjLnu.pDW4 cltp%ijrd jA+ IIN-L Opctr-hn 1 082622 08/30/20 08/25/20 09/26/20 44,724.71 0.00 0. O 44,724.71 TRANSFER tt it 062622E 08130120 08/26120 09/26120 1,387.84 0.00 0.00 1,387.84 TRANSFER �k It 082622 08/30/20 08/26/20 09/26/20 446.00 0.00 0.00 446.00 TRANSFER to tt 082622A 08/30/2008/26120 oB/26/20 10,459.81 0.00 0.00 10,459.81 ✓ TRANSFER I% It ` 082622D 08/30120 08/28/20 09/26120 3,863.44 0.00 0.00 3,863.44 TRANSFER tt 082822E 08/30/20 08/26/20 09/26/20 442.46 0.00 0.00 442.46 TRANSFER It - it 082822E 08/30/20 08126/20 09126/20 867,78 0.00 0.00 867.78 TRANSFER 0 tt 082622C 0813D/20 08,26120 09/26/20 4,345.00 0.00 0.00 4,345.00 TRANSFER tt tt 082622G 08131/2008126/2009/26/20 2.001.27 0.00 0.00 2,00127 JULY UHC QIPP , Vendor TotalE Number Name Gross Discount No -Pay Net 11836 GOLDENCREEK HEALTHCARE 78,895.06 0.00 0.00 78,895.06 Report Summary Grand Totals: Gross Discount No -Pay Net t 78,895.06 0.00 0.00 78,895.0(3 APPROVED ON SEP 01 2022 BY COUNTY AUDITOR CALHOUNCOUNTY, TEXAS file:IIIC:/Users/ltrevinolepsilmemmed.cpsinet.com/U88125/data 5/tinp_cw5reportl983300... 9/1/2022 Page 1 of 1 RECEIVED BY THE COUNTY AUDITOR ON /2 22 MEMORIAL MEDICAL CENTER cc09p10 Sq•R � 2022 AP Open Invoice List 0 Dates Through: aP_open_invoice.template CALHCXfl0q9&r14#Nd4EWs Class Pay Code 12696 GULF POINTE PLAZA Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 082322 08/30/20 08/23/20 09/26/20 813,62 0.00 0.00 813.82 TRANSFER {�l�' IYW04PItiCt, pbYn� C1,A.jyOhi'�bJ. } hl• 111LW�i.. O Yy �,'F'1V�y' 082422 08/30/2008/24/2009/26/20 u 4,250.68 0.00~~ {8,00 4,250.68 TRANSFER u ,j 082422A - 08130/20 08/24/20 09/26/20 w 11,440.80 0.00 0.00 11,440.80 TRANSFER If .� 082522A 08/30/20 08/25/20 09/26/20 813.82 0.00 0.00 813.82 TRANSFER 1` „/ 082522 08/30/20 08/25/20 09/26/20 2.139.50 0.00 n 0.00 2,139.50 ✓ TRANSFER I „ 082622C 08/30/20 08/26/20 09126/20 1,821.72 0.00 0.00 1,821.72 TRANSFER 1' 082622A 08/30/20 08/26/20 09/26/20 4.903.20 0.00 1' 0.00 4.903.20 TRANSFER t` 082622E OWD120 08/26/20 09/26/20 10,275.00 0.00 11 0.00 10,275.0o TRANSFER 11 082622D 08/30/20 08/26/20 09/26/20 28.59 0.00 f. 0.00 TRANSFER Ir 28.59 6 082622 08/30/20 08/26/20 09/26/20 467.99 0.00 0.00 467.99 TRANSFER 11 If v 082622E 08/31/20 08/26/20 09/25/20 965.96 0.00 0.00 JULY UHC OFF 905.96 082922 08/31/20 08/29/20 09/26/20 2,777.74 0.00 0.00 TRANSFER t` 2,777.74 Vendor Totals Number Name Gross Discount No -Pay Net 12696 GULFPOINTEPLAZA 40,698.82 0.00 0.00 40,698.82 Report Summary Grand Totals: Gross Discount No -Pay 40,698.82 0.00 0.00 Net 824 APPROVED ON SEP 0 12022 BY COUNTY AUDITOR CALHOUN COUNTY, TEXAS file:!//C:/Users/ltrevino/epsilmemmed.cpsinet.comlu88125/data 5/tmp_cw5report6659985... 9/1/2022 RECEIVED BY THE Page 1 of I COUNTY AUDITOR ON 09 0V2 22 02, MEMORIAL MEDICAL CENTER GALHb'1WCOUNT/, TEW AP Open invoice List 0 Dates Through: ap_open_invoice.tempiate Vendor# Vendor Name Class Pay Code 13004 TUSCANY VILLAGE Involce# Comment Tran Dt Inv Ot Due Dt Check D Pa G 082222 08/30/2008/2212009/26/20 y Foss Discount No -Pay Net TRANSFER NN 119btl/LRV. po Jtoyil.'A 2,644.46 .1,"h 0.00 0.00 2,644.46 082222A tYIwL opt"I'l OWO/20 08122/20 09126/20 194.50 O.OI 0.00 TRANSFER 194.50 082322 08/30/20 08/23/20 09/26/20 TRANSFER it 9,184.28 0,00 0.00 9,184.28 ✓ 082322A 08/30/20 08/23/20 09/26/20 it TRANSFER It 20.75 0.00 0.00 20.75 ✓ 1I 082422A 08/30/20 08/24/20 09/26/20 h 11,189.78 0.00 ✓ TRANSFER 0.00 11,189.78 082422 08/30/20 08/24/20 09/26/20 4 TRANSFER 16,i35.34 0.00 0.00 18,135.34 ✓� 0824226 08/30/20 08/24/20 09126/20 II TRANSFER 7 389.00 0.00 0.00 389.00 ✓ 082422C 08130/20 O8/24/2009128/20 d TRANSFER (1 4,804.73 0.00 0.00 4,804.73 I) 0826220 08/30/20 08/26/20 09/26120 TRANSFER Ft 4,279.00 0.00 0.00 4,279.00 ✓ 082622 08/30/20 08/26/20 09126,120 it ' TRANSFER tk 716.92 000 0.00 718.92 082622B 08/30/20 08/28/20 09/26/2O 1I. TRANSFER it18,288.00 0,00 0.00 18,288.00 n 082622A 08/30/20 08/26/20 09/28/20 TRANSFER N 455.17 0.00 0.00 455.17 ✓ 082622C OW30/2008/26/2009126/20 N ' TRANSFER it 765.30 0.00 0.00 765.30 ✓ 082622E 08/31/2006/26/2009/26/20 I, JULY UHC OIPP 1,894.10 0.00 p,pp 1,894.10 ✓ 082922 08/31/20 08/29/20 08/26/20 ' TRANSFER u 2,334.92 0.00 0.00 2,334.92 ✓ Vendor Totals Number Name a� 13004 TUSCANY VILLAGE Gross Discount No-Pdy Net 73,296,25 0.00 0.00 73,296.25 Grand Totals: Report Summary Gross Discount No -Pay Net 73,296,25 0.00 0.00 7z Boa oc / ApPp(vm %) 5E'P 0 12022 BY' COUNTY 7iU0(TOR C NOUN COUNTY, TRAS fi le:///C:/Users/ltrevin0/cpsi/memmed.cpsinet.coralu88125/data_5/tmp_cw5report7150898.,. 9/1 /2022 RECEIVED BY THE Page 1 of 1 COUNTY AUDITOR ON SEP 01 2022 09/01/2022 MEMORIAL MEDICAL CENTER 0ALHOUtJ (MUNTY, TEXAS AP Open Invoice List 0 Dates Through: ap_open_involce.template Vendor# Vendor Name Class Pay Code 12792 BETHANY SENIOR LIVING Invoice# Comment Tran Dt Inv Dt Due Dl Check D, Pay Gross Discount No -Pay Net 082322 08/30120 08/23/20 09/26/20 5,962.57 0.00 0.00 5,962.57 TRANSFER NN'11158YArllt pit d44V6i -EtrJ 1w-h M-ML Ojrc.rMciitt� 082322A 08/30/20 08/23/20 09/26/20 1,086.00 0.00 0.00 1,086.00 TRANSFER 1` it 082422A OW30/20 08/24/20 09/26/20 12,463.76 0.00 0.00 12,463.78 TRANSFER 1i �I 082422 18/30120 08/24/20 09/26/20 4,689.22 0.00 0.00 4,689.22 ✓ TRANSFER 1 1, 082522 08/30/20 08/25/20 09/26/20 4,712.90 0.00 0.00 4,712.90 ✓ TRANSFER it it 082622C 08/30120 08/26/20 09126120 18,198.15 0.00 0.00 18,198.15 TRANSFER I'A / 0826228 08/3012008/26/2009126120 3,881.00 0.00 0.00 3,881.00 TRANSFER « to 082622 08/30/20 08/26/20 09/26/20 10,624.84 0.00 0.00 10,624,84 TRANSFER " r� 082622A 08/30/20 08126/20 09/26/20 i56.B8 0.00 0.00 156.86 TRANSFER I II / 082922 08/31/20 08/29/20 09/26/20 51835.00 0.00 0.00 5,835.00 ✓ TRANSFER �t 082922A 08/31/20 08/29/20 09/26/20 33,127.06 0.00 0.00 33.127.06 ✓ TRANSFER Vendor Total: Number Name Gross Discount No -Pay Net 12792 BETHANY SENIOR LIVING 100,737.38 0.00 0.00 100,737.38 Report Summary Grand Totals: Gross Discount No -Pay Net 100,737.38 0.00 / 0.00 100,7$7.38 � r siA1��� �.ihJ sEP 01 Z02z C OONiCO41Vn17EXA5 file:///C:/Userslltrevinolcpsi/memmed.cpsinet.com/u88125/data_5/tmp_cw5report452883 7... 9/1 /2022 mle ReRYlsleJ P.yl. Mpul3llOby: !ALUM GOREN- OU51N6$ OfMF MPNAGFP .m 36L554p5Ws Yes oHemCAlMelm: F oblXtto.counry raumun awl" NnNmw$enlw Ueln APPROM ON SEP 06 2022 BY COUNTY AUDITOR CALHOUN'co&v., # As Memorial Medical Center Nursing Home UPI Weekly CameRTransfer Prosperity Aocaunts 9/6/2012 rtt.Mn. mrr•r MMM[ snanM6 Aa vanaln enenM. Am9nmMumnnlmam xun,n, NunN x0mi Xum6ar YYMe 1W.M.41 AnnrS,51 p/piYa yNya 99,)6110 r/99.G3.a] ✓I16,ASS3 ✓ Ii8,59.}} / 66b99A2 BmkBnt ala! 3385%.3} V V.d.nte W.1.11a1anw Iman, ,iMBR1QR00PQIPP 11.213.46� MOO"gIIP Man.% luw lnternt 1&69// AV3uminmrmt 1009 ✓ Hpl.mbv Mlunl / A,IuYOaMnte/rramfrr Aml rt,69B.018� // 133.009.91 V4409456 3/ 95.BY.Is 95,95059 76,345.02 / 0ank6aun1, 9L95B.511 ✓ Vni.... b... MBalmta IOOAO RMFRIaR0Y1@p1 0.192 M.,/ MWNA OJFP Cou 36.r I.rottrm, MIS/ Aupuat}ntmm uss,/ Sepl.mhmmfmm / ae;udBVlantt/framhrAmt 71s385.01✓ IIO,asl.mx,Q335..,/I0)A55.14 ✓ I07,I71.41 91,683.00 9mkBaia... / MAMA \/ VMante lenein BalmM loam AMIKKAMIOIIP 9,1}LN.' MOu"Quip 4,067.73✓ MWIGREREPAYMEWT0B97111W 1.147 A/ lulylnlerlm APp}nlm.md "Al SrPlembirlM.,M AaNrl mlinte/rrmdmAm[ / 91,667m / ✓ 53.993.49/ 6LG).1i t/ M,}M3} 73,390.07 J 56,36133 Bankealantt A,190.Oi ✓ V9Nknt! ❑a..MW.... Into AMFRIOROWQw 11,013,27V MOON1 QIM S, M.01✓�/ I.NMlnmt 5.15 ✓ Au(ur[MpreR 0.71� Sepemnhminlemt AOIufIBY-c andnrAmr 5g39).33 // }81,991 aill/ B3.111.1 1}I,aB9.}8 In.606.82 / 105,693AS Bknk BAL— III.606.835/ Vmlm[e lore MBal.nt. IN." �yQyPROVEDON fiV y'll AMEmaROOPOIPP 10.BO9A6.I ✓ ` I -I Y, MOIMAOIIP 5,7523. 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MEm 1.]N,lf IN=lIV2022 WIRI OUiNE)N)NNW.EN AiGgOENCREEN 1,603.E1 9MOZI Oepotll 0]356)0 .B I.W.M 9/2/2022 i5)SRppN5FlR3TBCCOSilAR5E366{5559)691)9 - SO,N6.pi 9121202E N9NR9TBEW5]1Ml0341159B)691]9 1.i4UAO 50,M5.02 HNO'EC 9/2/I0E1 NNB-FCNO NCMIMPMf ]p6003U1MWW29]539 _ 163m 2,E<0.00 Esa1.e3 - HIM - E.501B3 m u aB 9/6/2022 Quick View Select Quick View Accounts Account Number) Name Account Type Treasury Center Select Group Groups Add Grcup Account Number Current Balance Available Balance Collected Balance Prior Day Balanc Number of Accounts: 15 $4,701,817.22 $4,808,595.44 $4,701,817.22 $4,843,518.7 '4551 CAL CO INDIGENT HEALTHCARE S6.143.87 S6,143.87 $6.143.87 56.143.E '4454 MEMORIAL MEDICAL I NH GOLDEN CREEK $64,250.12 $80,689.36 $64.250.12 S8,479.2 HEALTHCARE '4365 MEMORIAL MEDICAL CENTER - CLINIC SERIES 5536.61 5536.61 S536.61 5536.E 2014 '4357 MEMORIAL MEDICAL CENTER - OPERATING $3,538,665.91 $3.543,856.69 $3,538,665.91 $0..109,790.0 '4373 MEMORIAL MEDICAL CENTER - PRIVATE $431.99 $431,99 S431.99 5431..r WAIVER CLEARING '4381 MEMORIAL MEDICAL CENTER/NH ASHFORD $128,554.22 5134,020.98 S128,554.22 550,876.E '4403 MEMORIAL MEDICAL CENTER / NH 595.958.58 $97.779.67 $95,958.58 $59,766.E BROADMOOR '4411 MEMORIAL MEDICAL CENTER/NH CRESCENT $107,171.41 $117,953.29 5107,171.41 $54.867.4 '4446 MEMORIAL MEDICAL CENTER I NH FORT BEND $73.390.07 $73.390.07 S73,390.07 538,672,E '4438 MEMEDICAL CENTER CENTER / SOLERA AT S122,608.82 $145,747.89 S12260682 ,. 579,734.E WEST HOUSTON '2998 MMC -MONEY MARKET FUND S295,703.93 S295,703.93 S295,703,93 5295,703.E 06 MMC-NH BETHANY SENIOR LIVING $120.976,09 S120,976.09 S120,976.09 $86,O6G.1 '5441 MMC -NH GULF POINTE PLAZA- $29.257.22 $65,761.68 $29.257,22 $4,532C MEDICAREWEDICAID '54L MMC -NH GULF POINTE PLAZA - PRIVATE PAY $5,242.92 $6,118.60 $5,242.92 $4,913S •3407 MMC-NH TUSCANY VILLAGE $112.927.46 $119.484,72 $112,927.46 543,002.E htlps://prosperity.olbenking.eam/onlinaMeesenger 1, I Memorial Medical [enter Nursing Home UPI, Weekly HMG Transfer ProspedtyAccaunts 9/6/2022 Prn uz Aawunt &tlmbt NMI, amawbnla NUMn Nmm-a ,,_ .- BaMrxe pntlngrt Tnntiv.ln [ Uaned Oe rlb Tnntlamdr. 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UC m. •„ ��� � � � � - 9/2/2022 0e0n111 MMC PORTION InnAar-o QIFP P glm 4 ranf rlgPP/Gam ] 2Com gIPP/Cpmp3 6FaP QIPPTl NN PORTION 2,14D.ao 1,I6Y.9p 21240.00 Ilfi].Op 145.357,24 29.Y25.21 - 24.723.21 1928T 24 29 _ 11.14117 I45,3ti/.24 30,935.Sfi 30,835.58 9/6/2022 Treasury Center Quick View Select Quick Vlew Accounts Select Group Account Number / Name Groups Add Group Account Type Account Number Current Balance Available Balance Data reported as of Sep6. 202; Collected Balance Prior Day Balanc Number of Accounts: 15 $4.701,817.22 $4.809,595.44 $4,701,817.22 $4.843,518.7 '4551 CAL CO INDIGENT HEALTHCARE S6.143.87 $6,143.87 $6.143.87 $6,143.E '4454 MEMORIAL MEDICAL / NH GOLDEN CREEK 12 $64.250. $60,689.36 $64.260.12 $8,479 HEALTHCARE '4365 MEMORIAL MEDICAL CENTER - CLINIC SERIES $536.61 $536.61 S536.61 S536.E 2014 '4357 MEMORIAL MEDICAL CENTER -OPERATING $3.538,665.91 S3,543,856.69 S3,538,665.91 54,109.790.E '4373 MEMORIAL MEDICAL CENTER - PRIVATE $431 gg 5431.99 $431.99 $431 E WAIVER CLEARING '4381 MEMORIAL MEDICAL CENTER/NH ASHFORD $128.554.22 S134,020.98 S128,554.22 $50,876:E '4403 MEMORIAL MEDICAL CENTERlNH $95 958 58 $97 77g 67 S95,958.58 $59.766.E BROAOMOOR '4411 MEMORIAL MEDICAL CENTER/NH CRESCENT S107,171.41 S117,953.29 $107,171.41 S54,867A '4446 MEMORIAL MEDICAL CENTER I NH FORT BEND $73.390.07 $73,390.07 S73,390.07 S38,672.E '4d38 MEMORIAL MEDICAL$122.606.82 CENTERlSOLERA ATT S145.747.89 S122,606.82 S79,734.E WEST HOUSTON '2998 MMC MONEY MARKET FUND $295,703.93 S295.703.93 S295,703.93 S295,703 c '5506 MMC-NH BETHANY SENIOR LIVING $120.976.09 S120,976.09 S120,976.09 S86.066,1 '5441 MMC -NH GULF POINTE PLAZA- S29.257,22 $65,761.68 S29.257.22 54,532.E MEDICARE/MEDICAID '5433 MMC -NH GULF POINTE $5,242.92 ✓ S6.118.60 S5,242.92 $4,913,c PLAZA -PRIVATE PAY '3407 MMC-NH TUSCANY $112.927.46 S119.48472 $112,927.46 $43,002F VILLAGE htlps:llprosperity.olbanking,com/onfineMessenger 1A Memorial Medical Center Nursing Nome UPL Weekly Tuscany Transfer Prosperity Accounts 9/g/2022 P.Nm •xeuM aginnliy NPNn •••—` blmn IfC�in: ', � sss.vB.0 Narc: ayavlPnrn nfnYr.Ssamwab. 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TK 8/31/2022 MaHm HC OI NCCIAIMP64 PN127571704420D 8/31/IgI2'PMFAIG17 ROUICOg006-PAVMEkrMM42D03011IUx, 2,394 17 16,983.79 15,08076 1,903.03 Z95511.52 9/2/2022 WIPEOUT UNRARENTEBPRISES,LLC 254,410.81 1610SZ28 9/l/2022 NOVITASSOLUTIONHCCIAIMPMT67620242 D 179 - 17,747.85 9/2/2022 DbP4 17,747.85 9/2202Z MOUAHFALTKWMOUNAACHD1133564200005 - 46,257 9,047.29 9,041.53 1,005.66 ,210.579/2/2022 KS PIAN AOMINI$T HCCAMPMT 17911104589 8,30.90 8,5".7 5028 9/2/2022 NOVITSSOLUION HCCAIMPMT676A1420133 - , 8,.3 112,827.46 ,122.29 - 2 908.69 20 576 64 6306.84254,410.81 88 250 B3 9/6/2022 Quick View Select Quick View Accounts Account Number / Name Account Type Treasury Center Select Group Groups Atld Group Account Number Current Balance Available Balance Collected Balance Prior Day Belem: Number of Accounts: 15 $4,701,817.22 $4,808,595.44 $4,701,817.22 $4,843,518.7 '4551 CAL CO INDIGENT HEALTHCARE 56.143.87 $6,143.87 $6,143.87 56,143.E '44-94 - MEMORIAL MEDICAL I NH GOLDEN CREEK $64,250.12 580,689.36 $64,250.12 $8.479,t HEALTHCARE '4365 MEMORIAL MEDICAL CENTER - CLINIC SERIES $536.61 S536.61 S536.61 5536.E 2014 '4357 MEMORIALMEDICAL CENTER -OPERATING S3,538,665.91 S3,543,856.69 S3,538,665.91 S4,109,790.0 '4373 MEMORIAL MEDICAL CENTER -PRIVATE $431.99 5431.99 5431.99 5431 WAIVER CLEARING '4381 MEMORIAL MEDICAL CENTER/NH ASHFORD $128.554,22 5134.020.98 $128.554.22 550,876.E '4403 MEMORIAL MEDICAL CENTER / NH $95,958.58 $97,779.67 S95.958,58 $59,766.E BROADMOOR '4411 MEMORIAL MEDICAL CENTER I NH CRESCENT S107,171.41 $117,953.29 $107.171.41 $Sq,867,4 '4446 MEMORIAL MEDICAL CENTER / NH FORT BEND $73,390,07 S73.390.07 $73,390.07 938,672.E '4438 MEMORIAL MEDICAL CENTER f SOLERA AT 5122,fi06.82 S145,747.89 S122.606.82 579.734.0 WEST HOUSTON '2998 MMC -MONEY MARKET FUND S295.703.93 S295.703.93 S295.703.93 5295,703 *5506 MMC -NH BETHANY SENIOR LIVING S120,976.09 S120,976.09 $120,976.09 $86.066.1 '5441 MMC -NH GULF POINTE PLAZA- S29,257.22 S65,761,68 $29,257.22 $4,532.0 MEDICARE/MEDICAID •5433 MMC-NH GULF POINTE S5,242.92 $6,118.60 S6,242.92 54,913A PLAZA - PRIVATE PAY '3407 MMC -NH TUSCANY S112,927.46 ✓ S119,484.72 $112,92Z46 543.002.E VILLAGE 14lps:llprosperity.olbanking.com/oniineMessenger 1r1 Memorial Medical Center Nursing Home UPL Weekly HSLTransfer Prosperity Accounts 9/6/2022 A,. Homo .. ... xerc: wNYhuNnmgam Ss,WewJlheumgmMwmenuminynwne Nvrea:fvanattvunthvrvhanhvinn[[v/SheJMvf MMCpeyvNNroopmpmm�t 1Wx\veeLhTranJenUx uPLinnJnsunwnnEhEELsroN�nhenNNUPlrnulusunmrnW.DSaE+iu PenAntl Mennn Vananra 4aveN Lhnt[ IM. 4nvune Ln Be luhlnlmrt app Aufurl lnrrml ia.ta Hpiemaerl�� / Adun Ba4np/iniuf<rAm[ l2h fa;k V/ red wivaM Lnhf,cra s/a/:ou `- MMCIYIp)ION 9/]O21 0a%Yt • 3 3wdff-llL mYpff pl QI98/f:onz QV9/y p Q, 'Cos py 0 Opp" WW21,12 De%Yl U,901.11 NNFORT1ON V19/2W2 NNBsECHO HCCIA1RIpAf!]<6W3CII po00p]W99) 3.600S6 IC.Wl.l1 Oe%Yi 51601.21 3.M$o VIO/2022 30/2W2 OepeYl 90349 5,9Y1.27 / 903.39 0/31»0» ONOYI _ _31.77In A 'li+i0. y _ 3].i)0.)5 611»022 NOVip$SOIMO IM9M5.�i,6)NB1i0» 1/1/2022 437 9/1/422 WIRIOUTPORTIgVA RNALC ] 112]).85d44L 11 N0.)] 9/1/2022 Deposit ' 9/1/2422 Deposit 3.81493 - 9/2/2012 Deposit 8.11,13.00 3.W.83 9/L202 NOVRASSOtMONFKYULMpM)6)6e6420001132 23.951.19 k")00 10.9511.76 23,951.1p 10,959.)6 »9,1K» =74Q1.59 / )92 9 9/62022 Treasury center Quick View Select Quick View Accounts Select Group Account Number / Name Grou s Add Group Account Type [DDA Data reported as of Sep G 2= Account Number Current Balance Available Balance Collected Balance Prior Day Balanc Number of Accounts: 15 $4,701,817.22 $4,808,595.44 $4,701,817.22 $4,843,618.7 '4551 CAL CO INDIGENT S6,143.87 $6,143.87 $6.143.87 S6,143.E HEALTHCARE '4454 MEMORIAL MEDICAL 1 NH GOLDEN CREEK $64,250.12 S80,689.36 $64,250.12 S8,479.2 HEALTHCARE '4365 MEMORIAL MEDICAL CENTER - CLINIC SERIES 5536.61 $536.61 S536.61 S536.E 2014 '4357 MEMORIAL MEDICAL S3,538,665.91 $3,543,856.69 S3,538,665.91 S4,109,790.0 CENTER -OPERATING '4373 MEMORIAL MEDICAL CENTER -PRIVATE $431.98 $431.99 5431.98 5431 WAIVER CLEARING '4381 MEMORIAL MEDICAL S128.554.22 S134,020.98 S128.554.22 $50,876.E CENTER/NH ASHFORD '4403 MEMORIAL MEDICAL CENTER/NH $95,958.58 $97,779.67 $95.958.58 $59,766.E BROAOMOOR '4411 MEMORIAL MEDICAL $107,171.41 $117,953.29 S107,171.41 $54,867.4 CENTER/NH CRESCENT '4446 MEMORIAL MEDICAL $73.390.07 $73.390.07 $73,390.07 $38,672.� CENTER/NH FORT BEND '4438 MEMORIAL MEDICAL CENTER I SOLERA AT S122,606.82 5145.747.89 S122,606.82 $79,734.E WEST HOUSTON '2998 MMC -MONEY MARKET $295.703.93 3295.703.93 S295.703.93 S295.703 c FUND '5506 MMC -NH BETHANY $120.976.09 S120.976.09 S120.976.09 586.066.1 SENIOR LIVING '5441 MMC -NH GULF POINTE PLAZA- $29,257.22 S65.761.68 $29.257.22 $4,5321 MEDICARE/MEDICAID 5433 MMC -NH GULF POINTE S5.242.92 56.118.60 S5,242.92 S4.9135 PLAZA - PRIVATE PAY •3407 MMC -NH TUSCANY $112,927.46 $119,484.72 $112.927.46 543.002.E VILLAGE r naps;/Iprosperity.olbanking.com/onlineMessenger p 1 . ......... . .. ..... N/1 R L lll'-A .,.A L C. R - .1 1 hfilvtJl MEMORIAL MEDICAL CENTER 9/6/22 i-OR .-.Cf_7. LISF !)N I.' —APPROVEDON LJ SEP 0 6 2022 1 LlAiP C.ne, k By COUNTY AUDITOR CAWOUN COUNTY, TIHXAS vier, AIVOWN'T 10255040 ------- -------- VV01 AN"kilc"'IN: AMERIGROUP AND MOLINA JULY QIPP Mayra Martinez ILI, j MEMORIAL MEDICAL CENTER 9/6/22 FOR; ACCT. IBC ON[N APPROVED ON' A iP SEP 0 6 2022 I �M�ul Chick to Vendor By COUNTY AUDITOR CALHOUN COUNTY, TEXAS ---- — ---- - 10255040 AMERIGROUP AND MOLINA JULY QIPP Mayra Martinez 7- it A ----- ------ MEMORIAL MEDICAL CENTER 9/6/22 W prp.si* cvlsh APPROVED ON SEP 0 6 2622 I 11olan .3 Venciot By COUNTY AUDITOR CALHOUN(coUlqyty , TEXAS MOOU,NT flftjfvlBFp.:,- 10255040 AMERIGROUPAND MOLINAJULYQIPP Mayra Martinez A 10 0 L" N, T L '0A EDKI'Al- CENTE R 6wk MEMORIAL MEDICAL CENTER 9/6/22 APPROVED 014 ' Li Imp est Cosii 17A/P Chad SEP 0 6 2022 I Ll Moil Check Lcj Vendor f COUNTY AUDITOR -,Return Crv�;J*l Lo Oepl CALHOUN COUNTY, TEXAS --- 10255040 I. x I.", [Al J; AMERIGROUP AND MOLINA JULY QIPP Qv Mayra Martinez __ _ �� ��������������___��__�_____'^~_`_~^___ -- '----'--'--------------�^-----'----'--�---'-----�------------- -- -'-1 MEyNORIALyNEQICALCENTEK �anc��qucgz± 9/6/22 ---' ~-~~�-^----- ----^---------�-~--� i a i F01'.A[CT.VO[ONLY � ! y APPROVE[) ON�l|rnpneg[�d, :�PO����� !LJ "^ , ' -'-- ai|�h*ci��oY��/o, L-� ` � --.-_�---_----_--------------- BY COUNTY AUDITOR |�lK+:u//Ch.`&+n. | �C8&HQVmV8VNr(TEXAS ......�. . 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