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2023-05-10 FInal PacketNOTICE OF MEETING — 5/1.0/2023 May 10, 2023 MEETING MINUTES OF CALHOUN COUNTY COMMISSIONERS' COURT MET IN A REGULAR MEETING 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. THE FOLLOWING MEMBERS WERE PRESENT: Richard Meyer David Hall Vern Lyssy Joel Behrens Gary Reese Anna Goodman By: Kaddie Smith The subject matter of such meeting is as follows: 1. Call meeting to order. County3udge Commissioner Pct 1 Commissioner Pct 2 Commissioner Pct 3 Commissioner Pct 4 County Clerk Deputy Clerk Meeting was called to order at 10 a.m. by Judge Richard Meyer 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. n/a Page 1 of 7 NOTICE OF MEETING — 5/10/2023 5. Public Hearing regarding the designation of The Dow Chemical Company Reinvestment Zone #2. Closed regular session at 10:01am Anne Marie Odefey and Heather Lyons gave an overview for the Dow expansion project. Opened regular session at 10:17am 6. Consider and take necessary action to designate The Dow Chemical Company Reinvestment Zone #2. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES:. Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 7. Consider and take necessary action to approve the Tax Abatement Agreement between Union Carbide Corporation and Calhoun County, Texas. The property owner and applicant is: Union Carbide Corporation. RZ: The Dow Chemical Company Reinvestment Zone #2. General description of the project: construction of Alkoxylation Plant and other related improvements. Estimated cost: $235,000,000.00. (RHM) Anne Marie Odefey explained errors and changes needing to be made in agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 8. Consider and take necessary action to approve the Tax Abatement Agreement between The Dow Chemical Company and Calhoun County, Texas. The property owner and applicant is: The Dow Chemical Company. RZ: The Dow Chemical Company Reinvestment Zone #2. General description of the project: construction of four (4) advanced nuclear small modular reactors (SMRS) and other related improvements. Estimated cost: $650,000,000.00. (RHM) Anne Marie Odefey explained agreement.' RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 2 of 7 I NOTICE OF MEETING — 5/10/2023 9. Consider and take necessary action to adopt and approve the resolution in support of the allocation method for opioid settlement proceeds as set forth in the Texas Term Sheet in its entirety. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 10. Consider and take necessary action to authorize all appropriate signatures for Mott Macdonald to submit the Magnolia Beach Phase 2 CEPRA Cycle 13 application as follows: a. Bidding Phase (Proposal Phase) - $19,000 b. Construction Oversight - $175,000 c. Construction Cost of Project - $4,194,000 Thus the total cost which will be requested from the GLO as part of this CEPRA 13 cycle for the Magnolia Beach Phase 2 application is $4,194,000. This project has been included into the GILD Coastal Master Plan as Tier 1 and has no County match. (DEH) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 11. Consider and take necessary action to authorize Kathy Smartt to prepare and submit CEPRA applications for Phase 2 and 3 of the General Land Office CEPRA Project 1716 at Swan Point for a fee of $400 to be paid with GOMESA funds. (DEH) RESULT:, APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 12. Consider and take necessary action to authorize the grant match for CEPRA Phase 2 of the General Land Office CEPRA Project 1716 at Swan Point be paid with GOMESA funds and authorize the County Judge 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 3 of 7 ' NOT ICF OF MEETING — 5/1.0/2023 13. Consider and take necessary action on the US Army Corps of Engineers application for the Swan Point Bulkhead and Pier and authorize the County Judge to sign all documentation. (GDR) Matt Glaze explained individual permit. RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 14. Consider and take necessary action to authorize the grant match for the General Land Office CMP Cycle 29 grant for King Fisher Beach Park be paid with GOMESA funds and authorize the County Judge to sign all documentation. (GDR) RESULT: APPROVED [UNANIMOUS] MOVER: Joel Behrens, Commissioner Pct 3 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 15. Consider and take necessary action to authorize the grant match for the General Land Office CMP Cycle 29 grant for Bill Sanders Memorial Park be paid with GOMESA funds and authorize the County Judge 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 16. Consider and take necessary action to accept the recommendation from Urban Engineering and award the bid for Calhoun County Hog Bayou Public Boat Ramp Bulkhead Improvements to Shirley & Sons Construction Co., Inc. (GDR) Matt Glaze explained the bid received. 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 authorize $12,250 to be paid with GOMESA funds for TPWD Trails Grant Boggy Bayou. (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 4 of 7 NOTICE OF MEETING — 5/10/2023 18. Consider and take necessary action to authorize the Calhoun County EMS Director to sign the attached Southern Software Agreement. (RHM) Jason Warmuth with the EMS briefly explained the software. RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 19. Consider and take necessary action to approve the contract between Calhoun County and MidTex Materials and authorize the County Judge to sign all necessary documents. MidTex Materials was awarded the Bid for Fly Ash — Road Materials, Bid Number 2023.06 for the period May 10, 2023 through December 31, 2023. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct,l SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 20. Consider and take necessary action to approve the contracts between Calhoun County and Rain King, Inc. and Calhoun County and Port Enterprises and authorize the County Judge to sign all necessary documents. Rain King was awarded the Roof Recover of the Calhoun County Agriculture Building and Port Enterprises was awarded the Roof Recover of the Calhoun County Courthouse Annex II Building and the Calhoun County Seadrift Public Library. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese ` 21. Consider and take necessary action to approve the Specifications and RFQ Packet for the Request for Qualifications for Engineering, Architectural and Surveying Services for the Calhoun County Crabbin' Bridge Project, RFQ 2023.05 and authorize the County Auditor to advertise for the RFQs. RFQS will be due before 2:00:00 PM on Thursday, June 2, 2023. Funds from the Matagorda Bay Mitigation Trust will be used for this project. (RHM) RESULT: -APPROVED [UNANIMOUS] MOVER: David 'Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese ; Page 5 of 7 I NOTICE 01= MEETING — 5/10/2023 22. Consider and take necessary action to approve the following policies and applications for the Calhoun County Library: (RHM) a. Volunteer Application and Policy b. Community Service Application and Policy c. Revised Unattended Children Policy d. Chromebook Lending Agreement RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 23. Consider and take necessary action to approve the attached Surplus/Salvage, Waste and Donation lists from the Calhoun County Library for March and April. (RHM) RESULT. APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 24. Approve the minutes of the April 19, 2023 and April 26, 2023 meetings. RESULT: APPROVED [UNANIMOUS] MOVER: Richard Meyer, County Judge SECONDER; Gary Reese, Commissioner. Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 25. Accept Monthly Reports from the following County Offices: i. County Clerk — April 2023 ii. Floodplain Administration — April 2023 iii. Justice of the Peace, Precinct 1— April 2023 iv. Justice of the Peace, Precinct 2 — April 2023 v. Justice of the Peace, Precinct 5 — April 2023 vi. Sheriff's Office — April 2023 RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese 26. 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 6 of 7 I NOTICE OF MEETING- 5/1.0/2023 27. Approval of bills and payroll. (RHM) MMC Bills: '. RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese County Bills 2023: RESULT: APPROVED [UNANIMOUS] MOVER: David Hall; Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Adjourned 11:02am Page 7 of 7 CALHOUN COUNTY COMMISSIONERS) COURT PACKET COMPLETION SHEET All Agenda Items Properly Numbered Contracts Completed and Signed I/ All 1295's Flagged for Acceptance / (number of 1295s 3 ) 1 All Documents for Clerk Signature Flagged C 2) (All documents needing to be attested to need to be signed day of Commissioner's Court.) On this _day of 2023, the packet for the /,6 of 2023 Commissioners Court Regular Session was submitt from the Calhoun County Judge's office to the Calhoun County Clerk's fice. Calhoun County Judge/Assistant C:\Users\Maebelle.Cassel\Desktop\Agenda Templates\PACKET COMPLETION SHEET.Docx AGENDA I N01 CE OF IV! LETIN G — 5/10/J_023 Richard H. Meyer County judge David HaH2 Commissioner,, Precinct 1 Vern g,yssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4- NOTICE OF MEETING The Com missioners' Court off Calhoun County Texas will smear on Wednesday, 11Iay 10, 2023 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: 6I. Calf meeting to order. �nvocatfon. AT /ILEO' �o'CtOCiC��� MAR 0 5 2.023 eoui rn"g av: �� F h,a,�tPledges of Allegiance. 4/. General Discussion of Public Matters and Public Participation.. c ;! l� 5� Public Hearing regarding the, designation of The Dow Chemical Company Reinvestment Zone #2. � Se PConsider and take necessary action to designate The Dow Chemical Company /Reinvestment Zone #2. (RHM) `T. consider and take necessary action to approve the Tax Abatement Agreement between Union Carbide Corporation and Calhoun County, Texas. The property owner and applicant is: Union Carbide Corporation. RZ: The Dow Chemical Company Reinvestment Zone #2. General description of the project: construction of Alkoxylation. Plant and other related improvements. Estimated cost: $235,000,0o0.00. (RHM) Consider and take necessary action to approve the Tax Abatement Agreement between The Dow Chemical Company and Calhoun County, Texas. The property owner and applicant D emical Company Reinvestment Zoneo#Z. General description of the project: any. RZ: The Dow hconstruction, of four (4) advanced nuclear small modular reactors (SMRS) and other related improvements. Estimated cost: $650,000,0o0.00. (RHM) Page 1 of F1OTICE OF MEETING — 5ZIC/2023 pJ Consider and take necessary action to adopt and approve the resolution in support of the allocation method for opioid settlement proceeds as set forth in the Texas Term Sheet in its entirety. (RHM) 10. Consider and take necessary action to authorize all appropriate signatures for Mott. Macdonald to submit the Magnolia Beach Phase 2 CEPRA Cycle 13 application as follows:. Bidding Phase (Proposal Phase) - $19,000, Construction: Oversight - $175,000 Construction Cost of Project - $4,194,000 Thus the total cost which will be requested from the GLO as part of this CEPRA 13 cycle for the Magnolia Beach Phase 2 application is $4,194,000. This project has. been included into the GLO Coastal Master Plan as Tier 1 and has no County match. (DEH) 'Consider and take necessary action to authorize Kathy Smartt to prepare and submit CEPRA applications for Phase 2 and 3 of the General Land Office CEPRA Project 1716 at Swan Point for a fee of $400 to be paid with GOMESA funds. (DEH) Consider and take necessary action to authorize the grant match for CEPRA Phase 2 of the General Land Office CEPRA Project 1716 at Swan Point be paid with GOMESA funds and authorize the County Judge to sign all documentation. (GDR) 13. Consider and take necessary action on the US Army Corps of Engineers application for the Swan Point Bulkhead and Pier and authorize the County Judge to sign all documentation. (GDR) ' Consider and take necessary action to authorize the grant match for the: General Land Office CMP Cycle 29 grant for King Fisher Beach Park be paid with GOMESA funds and ,authorize the County Judge to sign all documentation. (GDR) 75. Consider and take necessary action to authorize the grant match for the General Land Office CMP Cycle 29 grant for Bill Sanders Memorial Park be paid with GOMESA funds and authorize the. County Judge to sign all documentation. (GDR) 6. Consider and: take necessary action to accept the recommendation from Urban Engineering and award the bid for Calhoun County Hog Bayou Public Boat Ramp Bulkhead Improvements to Shirley & Sons Construction Co., Inc. (GDR) 17. Consider and take necessary action to authorize $12,250 to be paid with GOMESA funds for TPWD Trails Grant Boggy Bayou. (GDR) 38/. Consider and take necessary action to authorize the Calhoun County EMSDirector to sign the attached Southern Software Agreement. (RHM) 1_9 Consider and take necessary action to approve the contract between Calhoun County and MidTex Materials and authorize the, County Judge to sign all necessary documents. MidTex Materials was awarded the Bid for Fly Ash — Road Materials,Bid Number 2023.06 for the period May 10, 2023 through December 31, 2023. (RHM) Page 2. of 3 I IrJOI ICE OF IVIFtlING - 5/10/202.3 20. Consider and take. necessary action to approve the contracts between Calhoun County and Rain King, Inc. and Calhoun County and Port Enterprises and authorize the County Judge to sign all necessary documents. Rain King was awarded the Roof Recover of the Calhoun. County Agriculture Building and Port Enterprises was awardedthe Roof Recover of the Calhoun County Courthouse Annex II. Building and the Calhoun County Seadrift Public Library. (RHM) 21. Consider and take necessary action to approve the Specifications and RFQ Packet for the Request for Qualifications for Engineering, Architectural and Surveying Services for the Calhoun CountyCrabbin' Bridge Project, RFQ 2023.05 and authorize the County Auditor to advertise for the RFQs. RFQS will: be due before 2:00:00 PM on Thursday, June 2, 2023. Funds from the Matagorda Bay Mitigation Trust will, be used for this project. (RHM) I2. Consider and take necessary action to approve the following policies and applications for the Calhoun County Library: (RHM) Volunteer Application and Policy if Community Service Application and Policy t� Revised Unattended Children Policy �� ti Chromebook Lending Agreement �3. Consider and take necessary action to approve the attached Surplus/Salvage, Waste and Donation lists from the Calhoun County Library for March and, April. (RHM) prove the minutes of the April 19, 2023 and April 26, 2023 meetings. 25. Accept Monthly Reports from the following County Offices: `i�County Clerk -April 2023 Floodplain Administration - April 2023 lii Justice of the Peace, Precinct I- April 2023 hf Justice of the Peace, Precinct. 2 - April 2023 Y. Justice of the Peace, Precinct 5 -April 2023 vr. Sheriff's Office -April 2023 �26�Consider and take necessary action on any necessary budget adjustments. (RHM) z7. Approval of bills and payroll. (RHM) r c Richard H. Meyer, County Iu 9 y Calhoun County, Texas Acopy of this Notice has been placed on the outsidebulletin board of the Calhoun County Courthouse, 2I1 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 feast.72 hours preceding the scheduled meeting time. For your convenience, youmay visit. the county's webs it, at www.calhouncotx or under "Commissioners' Court Agenda" for any official court postings. Page: 3 of 3 # 05 NOTICE OF MEETING -- 5/10/2023 5. Public Hearing regarding the designation of The Dow Chemical Company Reinvestment Zone #2. Closed regular session at 10:01arn Anne Marie Odefey and Heather Lyons gave an overview for the Dow expansion' project. Opened regular session at 10:17am Page 2 of 24 Mae Belle Cassel From: amo@portlavacalaw.com (Anne Marie Odefey) <amo@portlavacalaw.com> Sent: Friday, May 5, 2023 10:16 AM To: Maebelle Cassel (maebelle.cassel@calhouncotx.org) Cc: Womack, Daniel (DE); Richard Meyer Subject: Agenda items for Dow project 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. 1. Public Hearing — Commissioner's Court will conduct a public hearing to hear interested persons speak and present evidence for or against the designation of The Dow Chemical Company Reinvestment Zone #2. 2. Consider and take action to designate The Dow Chemical Company Reinvestment Zone #2. 3. Consider and take action to approve Tax Abatement Agreement between Union Carbide Corporation and Calhoun County, Texas. The property owner and applicant is: Union Carbide Corporation. RZ: The Dow Chemical Company Reinvestment Zone #2. General description of project: construction of Alkoxylation Plant and other related improvements. Estimated cost: $235,000,000.00. 4. Consider and take action to approve Tax Abatement Agreement between The Dow Chemical Company and Calhoun County, Texas. The property owner and applicant is: The Dow Chemical Company. RZ: The Dow Chemical Company Reinvestment Zone #2. General description of project: construction of four (4) advanced nuclear small modular reactors (SMRS) and other related improvements. Estimated cost: $650,000,000.00. I will send draft agreement later. 0 Anne Marie Odefey ROBERTS, ODEFEY, WITTE & WALL, LLP 2206 North Highway 35 P.O. Box 9 Port Lavaca, Texas 77979 (361) 552-2971 (Telephone) (361) 552-5368 (Fax) amona,nortlavacalaw com ROBERTS, ODEFEY, WITTE & WALL, LLP - CONFIDENTIALITY NOTICE: This electronic message is intended to be viewed only by the individual or entity to whom it is addressed. It may contain information that is privileged, confidential, and exempt from disclosure under applicable law. Any dissemination, distribution or copying of this communication is strictly prohibited without our prior permission. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. I PUBI-I(.IIEARING-5/10/2U2-D, Richard ]H[.Mever County judge David Hall, Commissioner, Precinct 1. Vern lyssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 Cary Reese, Commissioner, Precinct + NOTICE OF PUBLIC HEARING The Commissioners' Court of Calhoun County, Texas will meet on Wednesday, May 10, 2023 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 to hear interested persons speak and present evidence for or against the designation of The Dow Chemical Company reinvestment Zone #2. Richard H. Meyer; County 7 e Calhoun County, Texas Anna Goodman, County Clerk By: l BAR 0 5 2Q3 De P ut Y Clerk ou, p�G?r A copy of this Notice has beenplaced on the outsidebulletin board of the Calhoun. County Courthouse, 21 L 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 feast 72 hours preceding the scheduled meeting time.. For your convenience, You may visitthe county's website at: ww w.ca Ihouncc) tx ore under "Commissioners' Court Agenda" for any official court postings. Page 1 of 1 # 06 NOTICE OF MEETING — 5/10/2023 6. Consider and take necessary action to designate The Dow Chemical Company Reinvestment Zone #2. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Oct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens,,Reese Page 3 of 24 Mae Belle Cassel From: amo@portlavacalaw.com (Anne Marie Odefey) <amo@portlavacalaw.com> Sent: Friday, May S, 2023 10:16 AM To: Maebelle Cassel (maebelle.tassel@calhouncotx.org) Cr Womack, Daniel (DE); Richard Meyer Subject: Agenda items for Dow project 1. Public Hearing — Commissioner's Court will conduct a public hearing to hear interested. persons speak and present evidence for or against the designation of The Dow Chemical Company Reinvestment Zone #2. 2. Consider and take action to designate The Dow Chemical Company Reinvestment Zone 92. 3. Consider and take action to approve Tax Abatement Agreement between Union Carbide. Corporation and Calhoun County, Texas. The property owner and applicant is: Union Carbide Corporation. RZ: The Dow Chemical Company Reinvestment Zone #2. General description of project. construction of Alkoxylation Plant and other related improvements. Estimated cost: $235,000,000.00. 4. Consider and take action to approve Tax Abatement Agreement between. The Dow Chemical Company and Calhoun County; Texas. The property owner and applicant is: The Dow Chemical Company. RZ. The Dow Chemical Company Reinvestment Zone 42.. General description of project: construction of four (4) advanced nuclear small modular reactors (SMRS) and other related improvements. Estimated cost: $650,000,000.00. I will send draft agreement later. Ain Anne Marie Odefey ROBERTS, ODEFEY, WITTE & WALL, LLP 2206 North Highway 35 P.O. Box 9 Port Lavaca, Texas 77979 (361) 552-2971 (Telephone) (361) 552-5368 (Fax) amo@portlavacalaw.com ROBERTS, ODEFEY, WITTE & WALL, LLP - CONFIDENTIALITY NOTICE: This electronic message is intended to be viewed only by the individual or entity to whom it is addressed. It may contain. information that is privileged, confidential, and exempt from disclosure under applicable law. Any dissemination, distribution or copying of this communication is strictly prohibited without our prior permission_ Iftl e reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. RESOLUTION OF THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS DESIGNATING DOW CHEMICAL COMPANY REINVESTMENT ZONE #2 WHEREAS, Union Carbide Corporation ("UCC"), a wholly -owned indirect subsidiary of Dow, Inc., filed an Application with the Commissioners Court of Calhoun County, Texas for designation of a reinvestment zone on November 18, 2022 and The Dow Chemical Company ("Dow"), a wholly -owned direct subsidiary of Dow, Inc., filed an Application with the Commissioners Court of Calhoun County, Texas for designation of a reinvestment zone on March 16, 2023; and WHEREAS, pursuant to the Property Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312) and the Guidelines and Criteria of the Commissioners Court of Calhoun County for Granting Tax Abatement in Reinvestment Zones Created in Calhoun County, (The Guidelines), the Commissioners Court published a Notice of Public Hearing on the Applications of UCC and Dow for designation of a reinvestment zone in the Port Lavaca Wave on May 3, 2023; and WHEREAS, the Commissioners Court convened in open meeting on Wednesday, May 10, 2023 at 10:00 o'clock a.m., pursuant to said Notice for the purpose of conducting a Public Hearing on the Applications of UCC and Dow for designation of a reinvestment zone, during which hearing representatives of UCC and Dow presented statements and evidence in support of its Applications, and whereupon all interested persons in attendance who requested to do so, were given the opportunity to speak and present evidence for or against the designation; and WHEREAS, upon conclusion of the Public Hearing, the members of the Commissioners Court considered the evidence and upon motion and second, adopted the following resolution: BE IT RESOLVED by the Commissioners Court of Calhoun County, Texas: 1. The Commissioners Court of Calhoun County, Texas makes the following findings: 1 (a) That the improvements sought are feasible and practical; (b) The designation and improvements would be a benefit to the land to be included in the zone, and to the County after the expiration of the tax abatement agreement; (c) The area will be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the County; (d) The Commissioners Court further finds that the entire 326.1665 acres (more or less) tract of land is located entirely in an unincorporated area of Calhoun County, Texas; 2. Based upon its findings, the Commissioners Court of Calhoun County, Texas concludes that UCC's Application for Designation of Reinvestment Zone dated November 18, 2022 and Dow's Application for Designation of Reinvestment Zone dated March 16, 2023 should be and are hereby approved. 3. The boundaries of the Reinvestment Zone is contained and depicted in Exhibit "l," is attached hereto, incorporated by reference and made a part hereof for any and all purposes. 4. The Reinvestment Zone is hereby designated as eligible for tax abatement, subject to approval of any application for tax abatement by the Commissioners Court. 5. The tracts of land containing a cumulative 326.1665 acres (more or less) is hereby designated as Dow Chemical Company Reinvestment Zone #2 and is eligible for tax abatement. 6. This designation of a reinvestment zone shall expire five years from the date of this resolution. PASSED, ADOPTED AND APPROVED, on this 10tb day of May, 2023. ATTEST: a Goodman, County Clerk w � M By: Deputy COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS Ri hard Meyer, County Judge 3 Exhibit 1 ■ GEOGRAPHIC ID LEGAL DESCRIPTION 3574 A0031-00000- A0031 ENRIQUES RENDON, TRACT PT 2, ACRES 3 0005-00 998.63 998.63 3583 A0031-00000- A0031 ENRIQUES RENDON, TRACT PT 9 W & D 0 0022-00 S/D, ACRES 64.43 64.43 3579 A0031-00000- A0031 ENRIQUES RENDON, TRACT PT 8 W & D 0 0021-00 S/D, ACRES 106.41 106.41 3533 A0031-00000- A0031 ENRIQUES RENDON, TRACT PT 24 TP S/D, 4 0012-00 ACRES 249.03 249.03 3564 A0031-00000- A0031 ENRIQUES RENDON, TRACT PT 2, ACRES 4 0003-00 494.96 494.96 # 07 ' NOTICE OF MEETING - 5/1.0/2023 7. Consider and take necessary action to approve the Tax Abatement Agreement between Union Carbide Corporation and Calhoun County, Texas. The property owner and applicant is: Union Carbide Corporation. RZ: The Dow Chemical Company Reinvestment Zone #2. General description of the project: construction of Alkoxylation Plant and other related improvements. Estimated cost: $235,000,000.00. (RHM) Anne Marie 'Odefey;explained errors and changes needing to be made in agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 4 of 24 TAX ABATEMENT AGREEMENT between CALHOUN COUNTY, TEXAS i ml UNION CARBIDE CORPORATION, a WHOLLY OWNED SUBSIDARY OF DOW, INC. ($235;0009000.00) MAY 109 2023 BEGINNING JANUARY 1, 2024 RESOLUTION APPROVING TAX ABATEMENT AGREEMENT WHEREAS, on May 10, 2023, Union Carbide Corporation, a wholly owned subsidiary of Dow, Inc. (hereafter "UCC") obtained designation of the Dow Chemical Company Reinvestment Zone #2, consisting of certain properties situated in an unincorporated area of Calhoun County, Texas; and WHEREAS, by Application dated November 18, 2022 UCC applied for a Tax Abatement Agreement for construction of a global scale alkoxylation plant and expansion of infrastructure and upstream units, and various site infrastructure improvements including expansion of storage and railcar loading capabilities, all valued at an estimated $235,000,000.00 that is located in the unincorporated area of Calhoun County in the Dow Chemical Company Reinvestment Zone #2; and WHEREAS, prior to adopting this Resolution, the Commissioners Court of Calhoun County, Texas held a public hearing on May 10, 2023, at which interested persons were permitted to speak and present written material for or against the approval of the Dow Chemical Company Reinvestment Zone #2; and WHEREAS, the Commissioners Court of Calhoun County, Texas, after notice as required by law, has in open meeting discussed the issue of whether to enter into a Tax Abatement Agreement with UCC, and being of the opinion that the Application for Tax Abatement Agreement by UCC for its construction should be approved, the Commissioners Court, upon motion and second, adopts the following resolutions: BE IT RESOLVED: ii 1. That the Commissioners Court of Calhoun County, Texas hereby finds that the terms of the proposed Tax Abatement Agreement for UCC's, a wholly owned subsidiary of Dow, hic.'s construction of a global scale alkoxylation plant and expansion of infrastructure and upstream units; various site infrastructure improvements including expansion of storage and railcar loading capabilities and the property subject to the Agreement satisfy eligibility criteria and other requirements of the Guidelines and Criteria for Tax Abatement heretofore adopted by the Commissioners Court on March 9, 2022. 2. The Commissioners Court of Calhoun County, Texas finds that there will be no substantial adverse effect on the provision of the County's services or tax base. 3. The Commissioners Court of Calhoun County, Texas finds that due to the substantial amount of the expenditures and jobs to be retained by this project, UCC should be granted a variance from the guidelines as to the percentage and number of years of abatement. 4. The Commissioners Court of Calhoun County, Texas reaffirms UCC's Application for Tax Abatement Agreement dated November 18, 2022, and approves the Tax Abatement dated May 10, 2023, subject to the following terms, covenants and conditions contained in the attached Tax Abatement Agreement. 5. Based upon the foregoing findings, the Commissioners Court of Calhoun County, Texas hereby approves and authorizes the execution of the Tax Abatement Agreement between the Commissioners Court of Calhoun County, Texas and UCC a copy of which is attached to this Resolution, incorporated by reference, and made a part hereof for any d all purposes. PASSED, ADOPTED AND APPROVED, by a vote of any and against on this the 10tr' day of May, 2023. iii COMMISSIONERS COURT OF CALHO OUNTY,TEXAS By: Richard Meyer, County Judge ATTEST: Anna Goodman, County Clerk y: Deputy TAX ABATEMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN § THIS AGREEMENT (hereinafter Agreement) is between Calhoun County, Texas, (hereinafter County), a political subdivision of the State of Texas, acting by and through its duly elected Commissioners Court (hereinafter Commissioners), and Union Carbide Corporation ("UCC"), which is a wholly -owned indirect subsidiary of Dow, Inc., a New York Corporation with a certificate of authority to do business in Texas, with a place of business in Calhoun County, Texas (hereinafter "UCC"). 1. Application/Specific Improvements Required. UCC has filed with the County an Application for Tax Abatement. The Application was dated November 18, 2022. A copy of the Application is attached hereto, marked Exhibit "l," and made a part hereof for any and all purposes. 1.1 Specific Improvements Required. The County hereby approves the Application for Tax Abatement Agreement expressly upon the condition that UCC will make the specific improvements described in its Application. All of the proposed eligible improvements are to be located in the Dow Chemical Company Reinvestment Zone #2. 1.2 Agreement Governed by Guidelines. Unless otherwise stated, this Agreement for Tax Abatement is made and entered into pursuant to and is governed by the Guidelines and Criteria of the Commissioners Court of Calhoun County, Texas for Granting Tax Abatement in Reinvestment Zones created in Calhoun County, Texas adopted March 9, 2022 (hereinafter v "Guidelines") except as varied by the specific provisions of this Agreement and by the Commissioners' enabling resolution. The Guidelines are hereby incorporated by reference and made apart hereof for any and all purposes. Subject to any variances contained in this Agreement, the 2022 Guidelines govern this Agreement. This Agreement is further subject to the following terms, covenants and conditions. 1.3 Property Eligible for Tax Abatement. The County agrees to exempt from taxation: 1.3.1 the percentages of value of the real property in each year covered by this Agreement only to the extent its value for that year exceeds its value for the year in which this Agreement is executed; and, 1.3.2 the value of eligible tangible personal property described in the Application located on real property in the Reinvestment Zone in each year covered by this Agreement other than tangible personal property that was located in the Reinvestment Zone at any time before the execution of this Agreement with the County. This provision shall not affect the eligibility for tax abatement of other improvements in the Reinvestment Zone as authorized by any prior Agreements with the County. Tangible personal property that is not eligible for abatement is described in Section 2(f) of the Guidelines and Criteria. 2. Kind, Number and Location of Improvements. The kind, number and location of all proposed improvements of the property subject to this Agreement are as contained in the Application. (See Exhibit "1") 0 3. Inspection of Premises. UCC hereby expressly agrees to provide access to and authorize inspection of its property by County officials, employees, and/or their designees to insure that the improvements described in the Application are made according to the specifications and conditions stated in the Application and this Agreement, and that UCC is complying with the Agreement. 4. Limitation of Use. UCC shall not make any use of the property that is inconsistent with the general purpose of encouraging development or redevelopment of the Reinvestment Zone during the period that the property tax exemptions are in effect. 5. Right of Recapture. The County shall be entitled to recapture all property tax revenue lost as a result of this Agreement, if UCC fails to make the improvements as provided by this Agreement, and the Application attached hereto, or in the event of other specified defaults, after notice and failure to cure, all as more particularly provided in paragraph 12 of this Agreement. 6. Cost of Proiect/Number of Jobs. (a) The estimated cost of the project (net of any federal incentive) as described in the Application is $235,000,000.00. (b) It is estimated that 10 full time new jobs will be created as a result of the construction of the facilities. (c) Substantial compliance with these estimates will be acceptable. Substantial compliance means within 80% of any authorized estimate. 7. Percent of Exemption. Pursuant to the resolution approving this agreement, UCC is granted a variance from the County's guidelines as to the percent and number of years of the %I abatement. As such, the percent of exempton to be abated for each year of the abatement period is as follows: Date % of Exemption January 1, 2024 through December 31, 2024 100% January 1, 2025 through December 31, 2025 100% January 1, 2026 through December 31, 2026 100% January 1, 2027 through December 31, 2027 100% January 1, 2028 through December 31, 2028 100% January 1, 2029 through December 31, 2029 100% January 1, 2030 through December 31, 2030 100% January 1, 2031 through December 31, 2031 100% January 1, 2032 through December 31, 2032 100% January 1, 2033 through December 31, 2033 100% �3 8. Payment in lieu of taxes (PILOT). Upon the County's approval of this tax abatement and for other good and valuable consideration, the receipt of which is hereby acknowledged, UCC shall pay to County the sums shown below under the following schedule: a. $814,547.00 on January 2, 2024 b. $814,547.00 on January 2, 2025 9. Duration. The duration of the abatement term shall be ten years commencing within the tax year 2024, through the tax year 2033, inclusive. 10. Commencement and Termination Dates. The effective date of this Tax Abatement Agreement shall be January 1, 2024. The abatement granted in this Agreement shall apply to all eligible improvements described in the Application (Exhibit "1") and placed in the Reinvestment Zone after the effective date. Taxes will be abated on eligible property for ten consecutive tax years commencing January 1, 2024. Property otherwise eligible for tax abatement under this Agreement shall be eligible for abatement only if the property is placed or constructed in the Reinvestment Zone after the effective date of this Agreement, but on or before December 31, 2033. 11. Description of Proiect/Economic Life. The facilities designated in the Application are part of UCC's alkoxylation plant at its Calhoun County Plant and specifically are identified as shown in Exhibit "1" with an economic life of at least 20 years after completion. The nature of the construction is more completely described in the Application. Any part of the improvements described in the Application constructed prior to the effective date of this Agreement shall not be eligible for abatement but may be counted in determining the value of the project. Completion of construction is estimated to occur in two years. A complete property description is contained in the Application. E 12. Default, Notice, Cure, Termination, etc. Should the County determine that UCC is in default in the performance of any of the terms or conditions of this Agreement, the County shall notify UCC in writing at the address stated in this Agreement, and if such default is not cured within 60 days from the date of written notice, or within an approved extended curative time as authorized by paragraph 7(a) of the County's Guidelines, this Agreement may be terminated by the Commissioners for cause. UCC: 12.1. Events of Default. The following shall be considered events of default, should 12.1.1. Allow any of its ad valorem taxes owed to the County to become delinquent without timely and proper protest and/or contest; or 12.1.2. Violate any of the terms and conditions of this or any other Abatement Agreement with the County or with any other taxing jurisdiction that has granted UCC tax abatement for any project that the County has also granted tax abatement; or 12.1.3. Discontinue producing the product or service described in the Application for any reason excepting fire, explosion or other casualty or accident or natural disaster, for a period of one year during the abatement period after the facility is completed and begins producing the product or service; or 12.1.4. Violate any written term, covenant, condition, agreement, or promise of gift or donation made by UCC to the County, although such may 10 t be extraneous to this Agreement, and even though same may be otherwise unenforceable; or 12.1.5. Make any material misrepresentation or omit any material fact either in the Application or in this Tax Abatement Agreement. (Material misrepresentation or omission of a material fact means a false statement or omission about a material matter which induced the Commissioners Court to take any specific action on the Application for Tax Abatement, and without such misrepresentation, the Commissioners would not have granted this Tax Abatement Agreement, or would have taken some action different than they actually did.) 12.2. Termination Retroactive. Termination of the Tax Abatement Agreement for cause shall be retroactive to the effective date of this Agreement. Termination shall be effected by resolution of the Commissioners and written notice of termination shall be mailed to UCC. 12.3 Limitation on Value; Reduction for Closure, Curtailment, etc. of Existing Facilities. On or after January 1, 2024 and ending December 31, 2033, if UCC should permanently cease production, or abandon use of any facility in the Dow Reinvestment Zone 92 for the then remaining term of the Tax Abatement Agreement, the eligible value for abatement allowed in this Tax Abatement Agreement percentage abated shall be reduced. The reduction shall be calculated by dividing the amount of existing property value owned by the Taxpayer that is reduced or deleted from the tax roll by the value of this project (as determined from its last year of full production) and multiplying by 100 which shall determine the reduction of the percentage of 11 abatement. Depreciation, agreed to by the Chief Appraiser, or Appraisal Review Board, shall not be construed as a reduction or deletion of value for purposes of this limitation. Example: Value of Unit X that is permanently taken out of service is $50,000,000.00 The Abatement percentage would be reduced as follows: $50,000,000.00 divided by $120,000,000 = 41.6%. As such, from then forward the amount of abated property shall be 59.4% instead of 100% 12.4. Nonwaiver. In the event the County fails to act on or enforce any element or breach that is identified as a default, such failure to act shall not be a waiver of the County's right to subsequently enforce the same default or any other prior or subsequent default. 12.5. Recapture of Taxes. On termination for cause, UCC shall then become liable for the payment of all taxes that would have otherwise become due but for this Abatement Agreement for all calendar years during which the Abatement Agreement was in effect. Such taxes shall be paid to the Calhoun County Appraisal District to the credit of the County within 60 days from the date of receipt of notice of termination. All such taxes shall include statutory penalty and interest from the date they would otherwise have become delinquent, as if they had not been abated, until the date they are actually paid. 12.6. Administration and Enforcement. The administration and enforcement of this Agreement shall be in accordance with the terms contained herein and the Guidelines as adopted by the Commissioners on March 9, 2022. In the event of any conflict in the terms of this Agreement and the Guidelines adopted by the Commissioners, the provisions of this Agreement 12 shall prevail, unless prohibited by law, then the Guidelines adopted by the Commissioners and their provisions shall prevail. 12.7. Assignment. This Agreement may not be assigned, either in whole or part, to any entity that is not controlled by Dow, Inc. or one of its subsidiaries, without the express written consent of County, which would not be unreasonably withheld. This Agreement may be assigned to any entity that is controlled by Dow Inc., or one of its subsidiaries, so long as reasonable notice is provided. Any assignment is subject to the conditions contained in the Guidelines and this Agreement. Any attempt to assign this Agreement, except as provided herein, shall be null an void. 13. Type of Legal Entity. UCC represents to the County that it is a corporation, duly organized, validly existing, incorporated under the laws of the State of New York, and in good standing. UCC further represents it is duly qualified and in good standing under the laws of the State of Texas and has all requisite power and authority to own and operate properties and to carry on its business as now being or intended to be conducted. The name and address of the registered agent for service in Texas is: Union Carbide Corporation (UCC), a New York Corporation 7501 State Highway 185 North Seadrift, Texas 77983 UCC shall notify the County within 60 days of any change in the registered agent or status of the corporation. 14. Notices. Any notices required to be given hereunder, shall be given in writing as follows: 13 (a) County: County Judge Calhoun County Courthouse 211 S. Ann Port Lavaca, Texas 77979 (b) Union Carbide Corporation, Texas: Dow Tax Department Marcelo Vieira, Tax Director TXINN APB, 332 State Highway 332 E. Lake Jackson, Texas 77566 15. Reimbursement for Fees and Expenses. Within 30 days from receipt of written notice, UCC will reimburse the County for any expenses, directly or indirectly incurred by the County for processing and approving the Application for Tax Abatement, preparation and presentation of this Tax Abatement Agreement, and any other expenses reasonably incurred by the County in any way related thereto, including all expenses that may be incurred in enforcing or defending any term, covenant or condition contained in this Agreement. 16. Indemnity. UCC hereby agrees to hold harmless and indemnify the County, each of its elected officials, all of its servants, agents and employees, and any designee (a person or legal entity designated to perform any function required under the County's Guidelines, or under the Tax Abatement Application, or by the terms of this Tax Abatement Agreement) and the Calhoun County Appraisal District, its officers, directors, servants, agents and employees for the amounts of any and all liabilities, claims, costs, judgments, penalties, interest, court costs and attorney fees incurred by the County, each of its elected officials, all of its servants, agents and employees, or any designee, and the Calhoun County Appraisal District, its officers, directors, servants, agents and employees in defense of any claims occurring out of or in any way incident to processing the 14 Application, or any other claim arising out of or incident to the terms, covenants and conditions contained in this Tax Abatement Agreement, or arising out of or in connection with the Reinvestment Zone, or the project subject to abatement. 17. Incontestability. At the option of the County, this Agreement may be terminated, and all taxes that would have otherwise been due but for this Abatement Agreement will become due and payable within 60 days from date of written notice of the amounts due and owing, including penalty and interest as provided in paragraph 12.5 of this Agreement if any of the following events occur: (a) If UCC should contest any term, covenant or condition contained in this Agreement, or attempt to prevent or negate the enforceability of any of such terms, covenants or conditions; or (b) If any third party, firm, corporation or other legal entity should contest any term, covenant or condition contained in this Agreement, and prevent or negate the enforceability of any of such terms, covenants or conditions by final judgment in a court of competent jurisdiction; or (c) If any governmental agency should contest any term, covenant or condition contained in this Agreement, and either by enforceable regulatory order, or by final judgment of a court of competent jurisdiction prevent or negate the enforceability of any of such terms, covenants or conditions. 18. Assurances and Special Conditions. The County and UCC agree that the following assurances, promises and conditions are made by UCC expressly to induce the County to grant this Tax Abatement Agreement and that without such assurances, promises and conditions the 15 County would not have granted this Tax Abatement Agreement. UCC hereby expressly makes and agrees to be bound by the following representations, assurances, promises and conditions: 18.1. Accuracy of Information. That all information contained in UCC's Application and furnished to the County for incorporation in this Tax Abatement Agreement is true, complete and correct. 18.2. Authority to Sign. That the person who signed the Application for Tax Abatement Agreement on behalf of UCC has unrestricted authority to execute the Application, to execute this contract document on behalf of UCC, and to obligate UCC to all the terms, covenants and conditions contained in this Tax Abatement Agreement. By acceptance of any of the benefits provided hereunder, UCC has authorized and ratified the execution and delivery of this Agreement and represents that it is enforceable against UCC in accordance with the terms of this Agreement. 18.3. Commencement of Construction. Other than preliminary matters, that construction will not commence on any of the eligible improvements until after this Tan Abatement Agreement is executed by the County. 18.4. Permits. That the project described in the Application, and this Tax Abatement Agreement will not be constructed without first obtaining all necessary local, state and federal environmental and construction permits, and that UCC will abide by all conditions of the permits, laws and ordinances, rules and regulations governing the construction and operation of the project throughout its economic life. ILA 18.5. All Conditions to be Performed. That UCC will abide by all conditions of this Tax Abatement Agreement and the Guidelines adopted by the Commissioners applicable to this Agreement. 18.6. Public Health and Safety. That the planned use of the property will not constitute a hazard to. public health or safety throughout the economic life of the proj ect. 18.7. Required to Make Specific Improvements. That UCC will make the specific improvements to the property as described in its Application. (See Exhibit "1") 18.8. Estimates/Strict Compliance. Estimates of the cost and value of the project and the number of jobs retained or created as a result of the project that are within 80% of actual cost, value and number of jobs may be construed to be substantial compliance. Unless estimates are expressly authorized, strict compliance is required. 19. , Information to Determine Compliance. UCC covenants and agrees to provide within a reasonable time, not to exceed 30 days after written request, such information as may be required by the County or its designee, in order to determine compliance on UCC's part of the terms of this Tax Abatement Agreement. 20. Value of Project After Abatement. UCC contracts and agrees the value of the eligible property that is being abated will be a minimum of $ 164,500,000 as certified by County's Chief Appraiser, as of 1/1/2022 for the Alkoxylation plant. As such, UCC agrees to pay ad valorem taxes on the eligible property for tax year 2034 based on a minimum value of $ 164,500,000. If the value is greater than $ 164,500,000, UCC has all rights to contest the value of the Alkoxylation plant. 17 21. Contract Terms and Conditions Survive Abatement Period. Unless sooner terminated under other provisions hereunder, all other rights, duties and obligations contained in this Agreement shall continue in full force and effect until all taxes levied in each of the ten years in which an exemption applied under this Agreement are fully paid by UCC, and all other covenants and conditions have been fulfilled. Provided, however, that no extension of the abatement period shall occur as a result of this Agreement beyond the 2033 tax year, it being the intent of the parties that ten years is the limit of abatement granted. 22. Amendment. The County and UCC agree that this agreement may be amended by mutual consent to modify the projects and investment contemplated in this Agreement due to changed market conditions and technical specifications. 23. Miscellaneous. The following additional provisions are included and are made express conditions of this Tax Abatement Agreement in order to carry out the intent and purposes of the County's Guidelines, or to address any special problems or needs arising out of the uniqueness of the project, the Application, or UCC: 23.1. Agreement Survives Reinvestment Zone. It is specifically understood and agreed that the designation of the Reinvestment Zone in which the eligible property described in this Tax Abatement Agreement is located is valid for a period of five years from May 10, 2023, unless subsequently extended. The fact that the designation of the Reinvestment Zone may expire before this Agreement terminates shall not effect the terms and conditions of this Agreement. 23.2. Payment of Taxes. During the term of this Agreement, UCC's taxes shall be payable as follows: In 23.2.1. The value of any ineligible property as described in Section 2(g) of the County's Guidelines adopted on March 9, 2022 shall be fully taxable. 23.2.2. The base year value of existing property not otherwise eligible for tax abatement as determined each year shall be fully taxable; and 23.2.3. The additional value of new eligible property in the Reinvestment Zone shall be taxable subject to the exemptions provided in paragraph 7 above. 23.3. Conflicts of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws rule. 23.4. Severabilitv. At the option of the County, the invalidity of any one or more covenants, phrases, clauses, sentences, paragraphs or sections of this Agreement shall not affect the remaining portions of this Agreement or any part hereof, and in case of any such invalidity, this Agreement may be construed as if such invalid covenants, phrases, clauses, sentences, paragraphs or sections were not included. 23.5. Subtitles. The use of subtitles in this Agreement is strictly for convenience, and shall have no legal significance whatsoever. The use of the singular shall include the plural when appropriate. The use of any reference to gender shall include any and all other genders when appropriate. 23.6. Place of Performance. This Agreement, in its entirety, shall be performable in Calhoun County, Texas. As part of the consideration for entering into this Agreement, both County and UCC agree that any litigation to construe or enforce the terms and conditions of this Agreement shall be brought in the State Courts of Calhoun County, Texas. 19 23.7. Acceptance by UCC. By acceptance of this Agreement and/or any benefits conferred hereunder, UCC represents that its undersigned agent has complete and unrestricted authority to enter into this Tax Abatement Agreement and to obligate and bind UCC to all of the terms, covenants and conditions contained in this Agreement. UCC agrees to be bound by all assurances and commitments contained in the Application dated November 18, 2022, the Guidelines and Criteria as applicable, and the specific terms, covenants and conditions contained in this Tax Abatement Agreement. 23.8. Approval by Commissioners. This Agreement, in its entirety, including authority to execute it in this form, has been approved by the Commissioners, in a regular meeting of the Commissioners, after due notice as required by law, and pursuant to Resolution duly adopted by the Commissioners by at least a three -fourths vote of the entire Commissioners Court. 23.9. BindinE Effect. This Agreement, in its entirety, shall be binding upon all the parties hereto, their respective successors and/or assigns. EXECUTED IN MULTIPLE ORIGINALS on the 100` day of May, 2023. ATTEST: a Goodman, County Clerk I By: Deputy COUNTY: COMMISSIONERS COURT pill UNION CARBIDE CORPORATION, a wholly owned subsidiary of Dow, Inc. 21 err November 18, 2022 Mr. Richard Meyer, County Judge Calhoun County, Texas 211 S. Ann St., Ste. 301 Port Lavaca, TX 77979 Dear Judge Meyer: Please find the attached Chapter 312 application in Calhoun County's jurisdiction on behalf of Union Carbide Corporation, a wholly owned subsidiary of Dow, Inc. We are confident that, with the support from Calhoun County through a tax abatement agreement, it will prove to be a valuable Incentive and entice the proposed $235,000,000 investment to Seadrift. We are.submitting this application In advance of any construction and we ask, per the guidelines, that the beginning of the abatement period be deferred to January 1, 2026, 1 welcome any questions that you may have and thank you for your continued support of Union Carbide Corporation. Sincerely, Jamie M. Snead Tax Director TXINN APB 332 State Highway 332 E. Lake Jackson, TX 77566 (989) 638-9137 Texas Innovation Center 1332 SH 332 E I Lake Jackson, TX 77666 USA EXHIBIT 1 UNION CARBIDE CORPORATION, A WHOLLY OWNED SUBSIDIARY OF DOW, INC. APPLICATION FOR TAX ABATEMENT IN CALHOUN COUNTY, TX (1) Requirement: A list of the kind, number and location of all proposed improvements of the property, including a general written description of the general nature and extent of modernization, expansion or new improvements to be undertaken. Answer: The proposed project includes construction of a global scale alkoxylation plant and expansion of infrastructure and upstream units to be built at the Union Carbide Corporation (UCC) site in Seadrift, Texas. Various site Infrastructure improvements would also be required to facilitate the alkoxylation production, including expansion of storage and railcar loading capabilities. Proposed improvements and fixed equipment for which a value limitation agreement is requested include: process equipment, heat exchangers, compressors, pumps, filters, storage tanks, purification equipment, enhanced railcar loading facilities, pipe racks, and instrumentation. This project will also include any other necessary equipment and structures to construct and operate the proposed improvements. (2) Requirement: A statement of the current and proposed uses of the property showing that planned usage is consistent with the general purpose of encouraging development or redevelopment of the reinvestment zone during the period that the property tax exemptions are in effect. Answer: The proposed improvements would be those necessary to conduct normal unit operations consistent with those required to produce alkoxylates, Equipment necessary for this process manufacturing structure includes: process equipment, heat exchangers, compressors, pumps, filters, storage tanks, purification equipment, enhanced railcar loading facilities, pipe racks, and instrumentation. (3) Requirement: A map showing locations of existing and proposed improvements, The map should also show general uses and conditions of the real property in the reinvestment zone. Answer: See Attachment A (4) Requirement: A legal description of the property. Answer: See Attachment B (5) Requirement: An estimate of the project cost and new value that will result from the modernization, expansion or new improvements to be undertaken. A statement of the base year value separately stated for land and existing improvements located in the reinvestment zone, plus any improvements or changes in value In the reinvestment zone afterthe last appraisal and prior to the application. In any case where the value of an existing facility will be deleted or diminished as a result of the project, the application must contain verification from General Business Union Carbide Corporation, a wholly owned subsidiary of Dow, Inc. Application for Tax Abatement Calhoun County, TX the Chief Appraiser of the last appraised value of any portion or all of a facility whose value will be reduced or removed from the tax rolls. Answer: The total project cost is estimated to be $235 million. Base year value of land is $45,800 and the base year value of improvements is $0. See Attachment B for Chief Appraiser's Statement certifying the existing land values. (6) Requirement: An estimate of the number of jobs that will be created or retained by the modernization, expansion, or new improvements. Answer: Ten (10) newjobs will be created as a result of the project. (7) Requirement: Estimated date of start of construction, length of construction, estimated value of new Improvements to be completed during each year of construction and estimated date of completion. Answer: The estimated project dates are as follow: Construction Start: September 2023 Construction Completion: June 2025 Construction is anticipated to require approximately 21 months however schedules are subject to change. The estimated budget for new improvements is $235 million which will occur over the length of the estimated construction period. (8) Requirement: An estimate of what the property value subject to abatementwill be on January 1 immediately following the end of the abatement period. Answer: The estimated property value at the end of the 10-year abatement period is $145 million. (9) Requirement: In the case of Applicants unknown to the Commissioners' Court, a financial statement of the individual or corporation filing the application, complete with letters of credit and other documents which the County may request in order that the Commissioners' Court can appropriately evaluate the financial capacity and other factors of the Applicant. Answer: Please refer to the current Dow Inc. Annual Report at https://Investors,dow.com/en/investors/default.aspx (10) Requirement: The Taxpayer shall make the following assurances in the application: (a) That all the information contained in the application is true and correct. 2 General Business Union Carbide Corporation, a wholly owned subsidiary of Dow, Inc. Application for Tax Abatement Calhoun County, TX (b) Thatthe person signing the application on behalf of the Taxpayer/Applicant has unrestricted authority to execute the application and the contract documents on behalf ofthe Taxpayer/Applicant and has the unrestricted authority to obligate the Taxpayer/ Applicant to all the terms, covenants and conditions that will be contained in the agreement. (c) That construction will not commence on any of the eligible improvements until an agreement has been executed with the designating authority, whether the designating authority is the County, or a municipality. (d) That the project will not be constructed without first obtaining all necessary local, state and federal environmental and construction permits and that the Taxpayer will abide by all conditions of the permits, laws and ordinances, rules and regulations governing the operation of the project throughout its economic life. (e) Thatthe Taxpayer/Applicant will abide by all conditions of the agreement and the Guidelines and Criteria adopted by the Commissioners' Court applicable to the agreement. (f) Thatthe planned use of the property will not constitute a hazard to public health or safety throughout the economic life of the project. (g) Thatthe Applicant will make the specific improvements to the property as described in its application. (h) That although estimates of the cost of the project and the number of jobs retained or created as a result of the project that are within 85% of actual cost and/or number of jobs may be construed to be substantial compliance, the actual total cost of the project and actual number of jobs retained or created shall not be less than the minimum amounts required in the County's Guidelines required to qualify for tax abatement as a business incentive. Answer: Please consider assurances confirmed and accepted as evidenced by the executed Declaration below. (11) Requirement: The Applicant will identify the type of legal entity making the application, such as corporation, partnership, etc. If a corporation, the statement should include the home state of incorporation, the name and address of the registered agent for service in Texas, and a commitment to notify the County within sixty days of any change of the registered agent or status of the corporation. Similar Information will be required of a general or limited Partnership or other legal entity. Answer: Union Carbide Corporation (UCC), a New York Corporation Registered Agent Address: 7501 State Highway 185 North Seadrift, TX 77983 General Business Union Carbide Corporation, a wholly owned subsidiary of Dow, Inc. Application for Tax Abatement Calhoun County, TX (12) Requirement: The application shall contain the name, title, and address of the Taxpayer's local and corporate representatives for the purposes of giving notice. Answer: Jamie Snead, Tax Director TXINN APB, 332 State Highway 332 E. . Lake Jackson, TX 77566 (13) Requirement: In its application, the Applicant shall include a statement that it waives all rights of confidentiality with regard to the contents of its application for tax abatement as a business incentive otherwise granted under TEX. TAX CODE ANN. §312.003. Answer: The Applicant waives all rights of confidentiality with regards to contents of its application for tax abatement as a business incentive otherwise granted under TEXTAX CODE ANN, §312 .003. (14) Requirement: The Applicant shall agree to reimburse the County for all legal fees and any other expenses that the County incurs in establishing eligibility for granting business Incentives and for reviewing, processing, and acting on Its application. further, Applicant shall agree to pay for the costs of an economic impact assessment If the County requires one in connection with its application for business incentives. In the event the County determines an economic impact assessment is required, the Taxpayer shall be given notice and the opportunity to withdraw its application prior to commencement of the economic impact assessment, if Applicant Is unwilling to pay the total cost of the economic Impact assessment. In Its application, the Taxpayer shall agree to pay for all fees and expenses incurred bythe County in establishing eligibility to grant business incentives and processing the application, even though the Commissioners' Court ultimately denies the application. Answer: Please consider agreement confirmed as evidenced by the executed Declaration below. (15) Requirement: Any other information that the Commissioners' Court or Applicant may deem appropriate to assist the Commissioners' Court in determining whether to enter Into a business Incentives agreement with the Applicant. Answer: Please advise of any additional information that may be necessary. (16) Requirement: If a variance from any provision in these Guidelines and Criteria is requested, a statement describing the variance, and a detailed statement supporting the Applicant's reasons for the requested variance must be included. Answer: The project construction is estimated to begin during the second half of 2023, with a completion date in mid-2025. The Company requests a 10-year 100 percent property tax abatement in the Reinvestment Zone with a negotiated payment -in -lieu of tax, A variance is requested to adjustthe start date of the abatement to reflect January 1, 2026 to align with the Company's project timeline. General Business Union Carbide Corporation, a wholly owned subsidiary of Dow, Inc. Application for Tax Abatement Calhoun County, TX (17) Requirement: Completed Application. Upon receipt of a completed application, the Commissioners' Court shall mail written notice to the presiding officer of the governing body of each taxing unit that includes In its boundaries real property that is Included in the application. Such notice shall be mailed at least seven (7) days before the Commissioners' Court takes any action on the application. The notice shall include a copy of the proposed agreement if the County is the designating authority. There shall be a $1,000 nonrefundable fee payable the County at the time the application is submitted. Answer: The entirety of this submission and attachments is intended to represent a Completed Application. The application fee for Calhoun County, TX is not required as confirmed with Calhoun County in September 2022. (18) Requirement: Economic impact Assessment. After receipt of an application for business Incentives, the Commissioners' Court may cause to have prepared an economic impact assessment setting forth the Impact of the proposed agreement. The study shall include, but not necessarily be limited to, an assessment of the economic effects of the abatement of taxes. The County shall give at least ten (10) days written notice to the Applicant of its intentto conduct an economic impact assessment, which notice shall include a description of the scope of the study. If the Applicant is unwilling to pay for the economic impact assessment, It may give notice to the County within seven (7) calendar days from the date it received notice of the proposed economic impact assessmentthat the Applicant is withdrawing its application, The economic impact assessment may include any other issue that the Commissioners' Court determines to be appropriate in considering the application, including, without limitation by enumeration, environmental issues, short term/long term effect on issues of adequacy of existing physical plants needs resulting increased costs as a result of the project and the County's ability to pay such costs during the abatement period. Answer: An Economic Impact Assessment for Calhoun County, TX is not required as confirmed with Calhoun County in September 2022. General Business Union Carbide Corporation, a wholly owned subsidiary of Dow, Inc. Application for Tax Abatement Calhoun County, TX Section 5 DESIGNATION OF REINVESTMENT ZONE (a) Authority to Designate Reinvestment Zones, Reinvestment zones may be designated by either the Commissioners' Court for property located outside the jurisdiction of any municipality in the County, or by a municipality, if the property is located within the jurisdiction of such municipality. (b) Application for County Designated Reinvestment Zone. An application to the County for designation of a Reinvestment Zone may be combined with the application for business incentives. The application must include information to support the required findings in subsection (c), inclusive of this section. It must also include a map showing the boundaries of the proposed reinvestment zone and a legal description of the proposed reinvestment zone. Any information contained in the application for business incentives that answers the requirements for designation of a reinvestment zone does not need to be duplicated if the application for designation of a reinvestment zone and business incentives are combined in one application. (c) Designation. The Commissioners' Court may not designate an area as a reinvestment zone until: (1) The Commissioners' Court has held a public hearing on the designation at which time interested persons shall be entitled to speak and present evidence for or against the designation; and (2) The Commissioners' Court must make the following findings in order to designate an area as a reinvestment zone: (a) The designation would contribute to the retention or expansion of primary employment; or, (b) The designation would attract major investment In the zone that would be a benefit to the property to be Included in the zone; and, (c) The designation would contribute to the economic development of the county. (d) Notice of Hearing. Notice of the hearing shall be clearly identified on the Commissioners' Court agenda. In addition, notice shall Issue as follows: (1) Notice of the hearing must be published in a newspaper of general circulation in the County not later than the 7th day before the date of the hearing; and (2) Written notice of the hearing shall be delivered to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that Is included in the proposed reinvestment zone. Such notice shall be delivered at least 7 days before the hearing. Pursuant to Tex Tax Code Ann. §33.2.201(a) this notice shall be presumed delivered when placed in the mail postage paid and properly addressed to the appropriate presiding officer. General Business Union Carbide Corporation, a wholly owned subsidiary of Dow, Inc. Application for Tax Abatement Calhoun County, TX (e) Date of Expiration. The designation of a reinvestment zone shall expire five (5) years after the date of designation. However, the designation of a reinvestment zone that has expired may be renewed by the County or municipality for periods not to exceed five (5) years. The expiration of the designation of a reinvestment zone shall not affect existing agreements made under these Guidelines and Criteria, DECLARATION To the best of my knowledge, the above information is an accurate description of the project details. Jamie M. Snead, Tax Director Company Official Signature Printed Name & Title of Company Official Attachment Notes: Attachment A: Surveying and mapping attachments and legal description of the property Attachment B: Calhoun County Chief Appraiser Land Value Confirmation and RZ Designation to be provided once available General Business Attachment A: Surveying and mapping attachments and legal description of the property �7 Doyle & Wachtstetter, Inc. I _'- Surveying and Mapping • GPS/GIS • Pipeline Integrity -/ High Density 3D Laser Scanning • Robotic Imaging HD �1 Aerial Topographic Surveying • RTK/UAV Imagery DOW CHEMICAL COMPANY SEADRIFT BLOCK 8 — 7.9882 ACRE TAX ABATEMENT TRACT ENRIQUEZ RENDON LEAGUE, ABSTRACT 31 SEADRIFT, CALHOUN COUNTY, TEXAS FIELD NOTE DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND lying and situated in the Enriquez Rend6n League, Abstract 31, Calhoun County, Texas, being a portion of all that certain called 998.634 acre tract of land, described by general warranty deed recorded May 2, 1952 from May A. Stofer, John G. Stofer, Orin A. Eiband and E.G. Eiband to Union Carbide and Carbon Corporation, as recorded in volume 81, page 408 of the Calhoun County Deed Record (C.C.D.R.), said tract herein described being more particularly described by metes and bounds as delineated by Kim T. Doyle, R.P.L.S. 6526 May 8, 2022, using survey terminology which refers to the Dow SeadriftPlat Coordinate System with reference to the Texas State Plane Coordinate System, South Central Zone (NAD83), in which the directions are Plant grid bearings and distances are surface level lengths, all areas shown hereon are surface calculations (Combined Scale Factor = 0.9999651) as follows: BLOCK 8 — 7.9882 ACRE TRACT Point of Beginning being an unmarked point at plant coordinate at X =-5967.05 and Y = 4224.00, from which point an old iron pipe with an inside diameter of.I %2" and an outside diameter of 2 '/4" (in the stump hole of a concrete monument now lost) found marking the northwest corner of said Union Carbide Corporation called 998.634 acre tract bears North 33°49'39" West a distance of 2069.58 feet (Plant coordinate X =-7119.17 and Y = 5943.24 and Texas State Plane coordinate X = 2681352.77 Y=13376450.85) and Plant monument "SAT —4" bears South 80°15'09" East a distance of 2858.75 feet (Plant coordinate X =-3I49.57 Y = 3740.00 and Texas State Plane coordinate X = 2685844.16 and Y=13377112.63) THENCE with the boundaries of the subject tract the following bearings and distances; East, a distance of 747.05 feet; South, a distance of 471.00 feet; West, a distance of 733.81 feet; North, a distance of 269.93 feet; North 15023142/1 West, a distance of 49.87 feet; North, a distance of 152.99 feet to the Point of Beginning containing 7.9882 acres of land, more or less. 7�L,T e Kim T. Doyle Registered Professional Land Surveyor Licensed State Land Surveyor Texas Registration Number 6526 May 6, 2022 This description Is based on an once deitneation fi'an legacy field data for Tax Abatement proposes, a plat of ii,hich, dated May 6, 20221s an file in the o#ice of Doyle & WachtsIstter, Inc. Le6al�DowlSeadaef20201tni4oad dfitafeSuevey�Seadrifl12022 Tw AbacpmntT 00451=5832-1row- Seadda Tax Abntem"n-Block k 7.9812 Acre Traci 22050sdoca 131 Cornmerce Street • Chite, Texas 77531-5601 Phone: 979-265-3622 • Fax: 979-265-9940 • Email: DW-Surveyor.com . Firm #10024500 1 e� Fig dP QQ�Fum Q 6Oti a mF p �qY $� O a idK v o �� ( �od F. d W ��QBa a �� �'�KK g'ar• 11aRb;i'Ipwo amaQm y Q Sgy'N ,�a BI 2.,1 .a d 2 O v, s 3{ F� �a Y4.ya m,.tl8a as aQQ� mO� n Q S aFbTd N$ €06 da oiiro udd �pR Z)ii � ZU I\ : oLLw I 1 C �00-up H1nos ri z ❑zN u } I rc w H �zw sip 2aoOE NO 4,0 r �V U409 s I Ili Q❑ IIIO mwo IF c3sa I Q Y>Q 86QQ �I -:'W W W ^ t W'Ov.BP'tl1STJt33tLL80-� (¢fit Z�jjFP xo o lW N 21- po U]yQ�40 � � ♦(Ij � p � v o � ��o n a� tl II J O Z� Ca 4k�- y33'�I� 9; �`--- W2$4kT , I � A �n ` r0� .p4'6BOZ M::BE�66.EC0 ._ p f Doyle & Wachtstetter. Inc. t_ i Surveying and Mapping • GPS/GIS • Pipeline Integrity `�--'�'`/ High Density 3D Laser Scanning • Robotic Imaging HD l.Aerial Topographic Surveying • RTK/UAV Imagery DOVit CHEMICAL COMPANY SEADRIFT BLOCK 11 — 6.3912 ACRE TAX ABATEMENT TRACT ENRIQUEZRENDON LEAGUE, ABSTRACT 31 SEADRIFT, CALHOUN COUNTY, TEXAS FIELD NOTE DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND lying and situated in the Emiquez Rend6n League, Abstract 31, Calhoun County, Texas, being a portion of all that certain called 998.634 acre tract of land, described by general warranty deed recorded May 2, 1952 from May A. Stofer, John G. Stofer, Oria A. Eibaud and E.G. Eiband to Union Carbide and Carbon Corporation, as recorded in volume 81, page 408 of the Calhoun County Deed Record (C.C.D,R.), said tract herein described being more particularly described by metes and bounds as delineated by Kim T. Doyle, R,P.L.S. 6526 May 8, 2022, using survey terminology which refers to the Dow Seadrift Plat Coordinate System with reference to the Texas State Plane Coordinate System, South Central Zone (NAD83), in which the directions are Plant grid bearings and distances are surface level lengths, all areas shown hereon are surface calculations (Combined Scale Factor = 0.9999651) as follows: BLOCK 11— 6,3912ACRE TRACT Point of Beginning being an unmarked point at plant coordinate at X =-5640.00 and Y = 4730.00, from which point an old iron pipe with an inside diameter of I VT and an outside diameter of 2 '/4" (in the stump hole of a concrete monument now lost) found marking the northwest comer of said Union Carbide Corporation called 998.634 acre tract bears North 50038'27" West a distance of 1913,09 feet (Plant coordinate X =-7119,17 and Y = 5943.24 and Texas Slate Plane coordinate X = 2681352.77 Y= 133 76450.85) and Plant monument "SAT — 4" bears South 68°19'16" East a distance of 2679.99 feet (Plant coordinate X =-3149.57 Y = 3740.00 and Texas State Plane coordinate X = 2685844.16 and Y =13377112.63) THENCE with the boundaries of the subject tract the following bearings and distances: East, a distance of 580.00 feet; South, a distance of 480.00 feet; West, a distance of 580.00 feet; North, a distance of 480.00 feet to the Point ofBeginning containing 6.3912 acres of land, more or less. /�:,T7S Kim T. Doyle Registered Professional Land Surveyor Licensed State Land Surveyor Texas Registration Number 6526 May 6, 2022 Tilts description is based on an office tlelineallon firont legacy field data_fot' Tax.dbatenienl ptoposea5 a plat of urhich, dated May 6, 2022 is onfile in the office of Doyle & Wachtstelter, Inc. IeSnUnovASeaddfi12(aRailmad Aeee15 Sumy�Seadal=022 Tax AbatemmnI TrwW,1513225832-Do-Seadria Tm Abatement -Block t 143912 Aem Tract M506doex 131 Commerce Street • Clute, Texas 77531-5601 Phone: 979-265-3622 • Fax: 979-265-9940 • Entall: DW-Surveponcom • Finn # 10024500 1 9 ❑ 4K 0 r9 10VU Md&9E.09N u r Fa N Mr. A, iz iu 2 H ... OX pn^qzx'.. Q, i, lit IN!" i.— MN RAP- Z (31� ,J�. Fw sp V 2 IM, MMIAM Wi 000 i cez 0<a > BRNO z '04 )q o o 3 pg .8 M� Ail jE f3 F4 io! �X&xE LI (3 . .. ... f TUI wo ml; ' II IL c f W MR. M -posoa MB4 '--M� RM m �1' (PA� Doyle & Wachtstetter, Inc. Surveying anti Mapping • GPS/GIS • Pipeline Integrity high Density 3D Laser Scanning • Robotic Imaging IID Aerial Topographic Surveying • RTK/UAV Imagery DOW CHEMICAL COMPANY SEADRIFT BLOCK 17 — 0.5076 ACRE TAX ABATEMENT TRACT ENRIQUEZ RENDON LEAGUE, ABSTRACT 31 SEADRIFT, CALHOUN COUNTY, TEXAS FIELD NOTE DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND lying and situated in the Enriquez Rend6n League, Abstract 31, Calhoun County, Texas, being a portion of all that certain called 998.634 acre tract of land, described by general warranty deed recorded May 2, 1952 from May A. Stofer, John G. Stofer, Orin A. Eiband and E.G. Eiband to Union Carbide and Carbon Corporation, as recorded in volume 81, page 408 of the Calhoun County Deed Record (C.C.D.R.), said tract herein described being more particularly described by metes and bounds as delineated by Kim T. Doyle, R.P,L.S. 6526 May 8, 2022, using survey terminology which refers to the Dow Seadrift Plat Coordinate System with reference to the Texas State Plane Coordinate System, South Central Zone (NAD83), in which the directions are Plant grid bearings and distances are surface level lengths, all areas shown hereon are sin -face calculations (Combined Scale Factor = 0.9999651) as follows: BLOCK 17—'0.5076 ACRE TRACT Point of Beginning being an unmarked point at plant coordinate at X =-5556.27 and Y = 5365.42, from which point an old iron pipe with an inside diameter of 1 %2" and an outside diameter of 2 ''/4" (in the stump hole of a concrete monument now lost) found marking the northwest corner of said Union Carbide Corporation called 998.634 acre tract bears North 69°42'36" West a distance of 1666.30 feet (Plant coordinate X =-7119.17 and Y = 5943.24 and Texas State Plane coordinate X = 2681352.77 Y=13376450.85) and Plant monument "SAT — 4" bears South, 55°57'57" East a distance of 2904.16 feet (Plant coordinate X =-3149,57 Y = 3740.00 and Texas State Plane coordinate X = 2685844.16 and Y=13377112,63) THE, with the boundaries of the subject tract the following bearings and distances: East, a distance of 257.98 feet; South, a distance of 58.19 feet; West, a distance of 110.12 feet; South, a distance er48.02 feet; West, a distance of 147.87 feet; North, a distance of 106.21 feet to the Point of Beginning containing 0.5076 acres of land, more or less. YT/6� Kim T, Doyle Registered Professional Land Surveyor Licensed State Land Surveyor Texas Registration Number 6526 May 6, 2022 This description is based on on office de[tneation from legacy field data for Tax Abatement purposes, a ptal of wbtclh dated May 6, 2022 Is on file in the office of Doyle c& Wachtstetter, Jlte. U,,W1Do%ASeaaria12(a0M1mad Asset' Suney13eadd0\2e22T=Abatmvm Tmus-1513225832-Dorv-SeaddaT Abakment-mock 17 Q5076 M. Ttnot 220506.do. 131 Commerce Street • Clute, Texas 71531-5601 Phone: 979-265-3622 • Fax: 979-265-9940 • Entail; DW-Survevor.com • Firrn #10024500 1 ,0G B3 HlnOs 2 � m U •�h.Rma IS C4 P, Q Usti m M. WF U Cw pq OQ �]•FW�BmW bOO U o a?vW bCGwN ° I g _ T Cr x N W I y ' H Pa�� i p y I y s o ,0006 HSnOS '� n i q I I 1'3 y o I I-0 I ♦ v �°''� � Ig �� ��� o � a'g� c 2 _ mr\N ' I I '" • NUS i � IJ w p a pu0g °ova; o ^�+. ,W'90k HIMON I oSw sl my ^� �0< a�� ', I gw, ftz 2 r r a S® LLpF o� w wg W,�w I go I �o mfil� a'w'dF Nta fox m'09,8s•vts is 20 � �oo Yi{a I✓yZ 9 ,- p: �;� x 4• g�agou �m _-___I__ FOF 9", �S'tzeil uQzl �s� �. Qww 7 3g$Q Nti w1Ci n 20 0 nn•.i:.: 'nV 4n..:::.: n::J ..a: u..:.n. v :::::.r.n v.:-J'::1. p::,,.u• c::.': R'li: 1+• .....n.n •'r .:.:• Doyle & Wachtstette�. ie Surveying and Mapping • GPS/GIS • Pipeline Integrity High Density 3D Laser Scanning • Robotic Imaging HD (I Aerial Topographic Surveying • RTK/UAV Imagery DOW CHEMICAL COMPANY SEADRIFTT BLOCK 31 - 0.0506 ACRE TAX ABATEMENT TRACT ENRIQUEZ RENDON LEAGUE, ABSTRACT 31 SEADRIFT, CALHOUN COUNTY, TEXAS FIELD NOTE DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND lying and situated in the Emiquez Rend6n League, Abstract 31, Calhoun County, Texas, being a portion of all that certain called 998.634 acre tract of land, described by general warranty deed recorded May 2, 1952 from May A. Stofer, John G. Stofer, Orin A. Eiband and E.G. Eiband to Union Carbide and Carbon Corporation, as recorded in volume 81, page 408 of the Calhoun County Deed Record (C.C.D.R.), said tact herein described being more particularly described by metes and bounds as delineated by Kim T. Doyle, R.P.L.S. 6526 May 8, 2022, using survey terminology which refers to the Dow Seadrift Plat Coordinate System with reference to the Texas State Plane Coordinate System, Sourly Central Zone (NAD83), by which the directions are Plant grid bearings and distances are surface level lengths, all areas shown hereon are surface calculations (Combined Scalc Factor = 0.9999651) as follows: BLOCK 31— 0,0506 ACRE TRACT Point of Beginning being an unmarked point at plant coordinate at X =-4399.99 and Y = 5444.74, from which point an old iron pipe with an inside diameter of 1 %" and an outside diameter of 2 '/n" (in the stump hole of a concrete monument now lost) found marking the northwest comer of said Union Carbide Corporation called 998.634 acre tract bears North 79136'41" West a distance of 2764.50 feet (Plant coordinate X =-7119,17 and Y = 5943.24 and Texas State Plane coordinate X = 2681352.77 Y = 13376450.85) and Plant monument "SAT — 4" bears South 36°15'36" East a distance of 2114.16 feet (Plant coordinate X =-3149.57 Y = 3740.00 and Texas State Plane coordinate X = 2685844.16 and Y=13377112.63) THENCE with the boundaries of the subject tract the following bearings and distances: East, a distance of 40.36 feet; Sourly a distance of 54.62 feet; West, a distance of 40.36 feet; North, a distance of 54.62 feet to the Point of&eginuing containing 0.0506 acres of land, more or less. A�, -7 tad Kim T. Doyle —� Registered Professional Land Surveyor Licensed State Land Surveyor Texas Registration Number 6526 May 6, 2022 Tills descripSon is hased on at oJfce delineation from legacy field data far Tax Abatement ptupmres; a plat of which, dated May 6, 2022 k on file in the office afDayle & Waclitstelier, Inc. Up[%Dow3Sea&1ffi2020 Railwod Auels Sor%,WSeo&ffo2 23 Tax Abommem T=04513225832-Dow-aeaddR Tox Abalnnem-➢lack 31 a0506 Awe Tme1920506.doex 131 Commerce Street • Clute, Texas 77531-5601 Phone: 979-265-3622 • Fax: 979-265-9940 • Email: DW-Surveyor.com • Firm # 10024500 N� O K OF" o Ut7 2 a`4Fc >owR O ati¢ o O p IW 0�6 ti 3m m Wh.- g_g� 6 W �0�woa Qp RJS �oo< has i-1 lr U aF�i U Cad' 4f1 O,>> 0. V oLu $.. 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Surveying and Mapping - GPS/GIS • Pipeline Integrity —�� Higb Density 31) Laser Scanning • Robotic Imaging HD Aerial Topographic Surveying • RTK/UAV Imagery DOW CHEMICAL COMPANY SEADRIFT BLOCK 31 - 0.3289 ACRE TAX ABATEMENT TRACT ENRIQUEZ REND6N LEAGUE, ABSTRACT 31 SEADRIFT, CALHOUN COUNTY, TEXAS FIELD NOTE DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND lying and situated in the Enriquez Rend6n League, Abstract 31, Calhoun County, Texas, being a portion of all that certain called 998.634 acre tract of land, described by general warranty deed recorded May 2, 1952 from May A. Stofer, John G. Stofer, Oria A. Eiband and E.G. Eiband to Union Carbide turd Carbon Corporation, as recorded in volume 81, page 408 of the Calhoun County Deed Record (C.C,D.R.), said tracth'erein described being more particularly described by metes and bounds as delineated by Kim T, Doyle, R.P.L.S, 6526 May 8, 2022, using survey terminology which refers to the Dow Seadrift Plat Coordinate System with reference to the Texas State Plane Coordinate System, South Central Zone (NAD83), in which the directions are Plant grid bearings and distances are surface level lengths, all areas shown hereon are surface calculations (Combined Scale Factor = 0,9999651) as follows: BLOCK 31— 0,3289 ACRE TRACT Point of Beginning being an unmarked point at plant coordinate at X =-4135.76 and Y = 5600,86, from which point an old iron pipe with an inside diameter of 1 %" and an outside diameter of 2 '/a" (in the stump bole of a concrete monumentnow lost) found marking the northwest comer ofsaidUnion Carbide Corporation called 998.634 acre tract bears North 83°27' 12" West a distance of 3002.99 feet (Plant coordinate X =-7119.17 and Y = 5943.24 and Texas State Plane coordinate X = 2681352.77 Y=13376450.85) and Plant monument "SAT —4" bears South 27a55' 19" East a distance of 2106.04 feet (Plant coordinate X =-3149.57 Y = 3740,00 and Texas State Plane coordinate X = 2685844.16 and Y = 13377112,63) THENCE with the boundaries of the subject tract the following bearings and distances: East, a distance of 153.53 feet; South, a distance of 71.96 feet, West, a distance of 130.23 feet, South, a distance of 140.65 feet, West, a distance of 23,31 feet; North, a distance of 212.61 feet to the Point ofBegi» ring containing 0.3289 acres of land, more or less. 7(i�,7-�r Kim T. Doyle Registered Professional Land Surveyor Licensed State Land Surveyor Texas Registration Number 6526 May 6, 2022 This description is hased on on aJJlce delineation from legacvJield data far Tax Ahaterne,2t pu,po.va,, a plat oJ)dVdi, dated May 0, 2022 is onfile In the aJJtce of Doyle & Wachlsletter, Ine. ta3n0➢tytSead,laV020Railroad/vseli Sutvay�Sead,la@D22Tea Abatunent Tnw'4$i3225A32-➢ow-S.drft' Abuenlot-Block3103M Acre Tmc1120506.d.. 131 Commerce Street • Clute, Texas 77531-5601 Phone: 979-265-3622 • Fax: 979-265-9940 • Entail: DW-Surveyoncont • Firnt # 10024500 (Utj M Q U �OLU m a G1E €qq z cmu 4Py" a i�d&�, r� F U-� w �E K K O 0. p oWM S.. e"F Oo W q8� ?+ Q opo�mux a'IU" p ms fA w &m°� mao 0 ms Q STU H1ROS m0¢ u dU j 6°j e z ZU 2 e li j i M$Too9 I 1 ¢K w . I IOV Q Slv"^V o 1 V IrM ffid M r. (y�UZ¢ S2 IV 1Ro CL h iWa 29 d 1-- _� ^ (lQf` I O E 3 .�`,,•�• WQpOh4iwQQ 2z4JMMQ.�nZ Cry i s pMo L 'y.•I f ,99'064 H1ROS 7.. 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Itt" __ DY:i; �s HJY1�S„�. =':,t �^ �:: �;i a_','A..� M@ .. .°-e'er .18 IS WE dam, .. - _ _J_____J_____J..____J N. f 1 - mO ♦69 Z1 FjMON,•.• ' •i'+n` f .. N Z.9Lad �yM n_ �� ham' �int� 05> e ",9• �>.-:.:: w iF�� ¢Yu a'da min_ �a i`.i 6z,:;' •£ pg� 55 rZ n Gr'4.� ititp b2'•"} EBB gj i::: 4.•' ,k; �� 4 is •O OO ® ttd o�aJ -X0 a y Attachment B0 . Appraiser values and RZ Designation CALHOUN COUNTY APPRAISAL DISTRICT 426 West Main Street r P.O. Box 49 Port Lavaca,'rexas 77979 Appraisal: (361)552-8808 Collections: (361)552.4560 Fax: (361) 552-4787 Websile: wtvAyxaihouncadxrg 9/28/2022 Board of Directors William Bauer, Vice Chairman Jessie Rodriguez, Secretary Vern Lyssy, Board Member Kevin Hill, Board Member Chief Annrniser Jess W. Hubbelt I, Jesse W. Hubbell, Chief Appraiser for the Calhoun County Appraisal District, do hereby certify that the 2022 appraised land value for each parcel or tract of land that is located within the account parcel identification number 35743 in the name of Union Carbide Corp, is based upon the total value of the parent parcel of $2,995,890 or $3,000 per acre and is as follows: BLOCK 8, 7.9882 ACRES = $23,970 (Upstrearn Unit Expansion) BLOCK 11, 6.3912 ACRES = $19,170 (New Alkoxy)ation) BLOCK 17, .5076 ACRES = $1,520 (Railcar Loading Expansion) BLOCK 31,3289 ACRES = $990 (Storage Expansion) BLOCK 31, ,0506 ACRES = $150 (Storage Expansion) Jesse W, Hubbell, Chief Appraiser Property GEOID m_ E_ ID Legal Description Acreage 998.630 .�.: M, \/ ��� <� . ' NOTICE OF MEETING — 5/10/2023 8. Consider and take necessary action to approve the Tax Abatement Agreement between The Dow Chemical Company and Calhoun County, Texas. The property owner and applicant is: The Dow Chemical Company. RZ: The Dow Chemical Company Reinvestment Zone #2. General description of the project: construction of four (4) advanced nuclear small modular reactors (SMRS) and other related improvements. Estimated cost: $650,000,000.00. (RHM) Anne Marie Odefey explained agreement. 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 24 TAX ABATEMENT AGREEMENT between CALHOUN COUNTY, TEXAS and THE DOW CHEMICAL COMPANY ($65090009000.00) MAY 109 2023 BEGINNING JANUARY 1, 2026 TENTATIVELY (SUBJECT TO CHANGE) RESOLUTION APPROVING TAX ABATEMENT AGREEMENT WHEREAS, on May 10, 2023, Union Carbide Corporation, a wholly owned subsidiary of Dow, Inc. (hereafter "Dow") obtained designation of the Dow Chemical Company Reinvestment Zone 92, consisting of certain properties situated in an unincorporated area of Calhoun County, Texas; and WHEREAS, by Application dated March 16, 2023, Dow applied for a Tax Abatement Agreement for construction of four (4) advanced nuclear small modular reactors (SMRS); ; various site infrastructure improvements including site electrical distribution upgrades and additional piping configurations, valued at an estimated $650,000,000.00 that is located in the unincorporated area of Calhoun County in the Dow Chemical Company Reinvestment Zone #2; and WHEREAS, prior to adopting this Resolution, the Commissioners Court of Calhoun County, Texas held a public hearing on May 10, 2023, at which interested persons were permitted to speak and present written material for or against the approval of the Dow Chemical Company Reinvestment Zone #2; and WHEREAS, the Commissioners Court of Calhoun County, Texas, after notice as required by law, has in open meeting discussed the issue of whether to enter into a Tax Abatement Agreement with Dow, and being of the opinion that the Application for Tax Abatement Agreement by Dow for its construction should be approved, the Commissioners Court, upon motion and second, adopts the following resolutions: BE IT RESOLVED: 1. That the Commissioners Court of Calhoun County, Texas hereby finds that the terms of the proposed Tax Abatement Agreement for Union Carbide Corporation, a wholly owned ii subsidiary of Dow, Inc.'s construction of four (4) advanced nuclear small modular reactors (SMRS); various site infrastructure improvements including site electrical distribution upgrades and additional piping configurations and the property subject to the Agreement satisfy eligibility criteria and other requirements of the Guidelines and Criteria for Tax Abatement heretofore adopted by the Commissioners Court on March 9, 2022. 2. The Commissioners Court of Calhoun County, Texas finds that there will be no substantial adverse effect on the provision of the County's services or tax base. 3. The Commissioners Court of Calhoun County, Texas finds that due to the substantial amount of the expenditures and jobs to be retained by this project, Dow should be granted a variance from the guidelines as to the percentage and number of years of abatement. 4. The Commissioners Court of Calhoun County, Texas reaffirms Dow's Application for Tax Abatement Agreement dated Marchl6, 2023, and approves the Tax Abatement dated May 10; 2023, subject to the following terms, covenants and conditions contained in the attached Tax Abatement Agreement. 5. Based upon the foregoing findings, the Commissioners Court of Calhoun County, Texas hereby approves and authorizes the execution of the Tax Abatement Agreement between the Commissioners Court of Calhoun County, Texas and Dow a copy of which is attached to this Resolution, incorporated by reference, and made a part hereof for any and all purposes. PASSED, ADOPTED AND APPROVED, by a vote of for and against on this the 10a` day of May, 2023. iii ATTEST: Anna Goodman, County Clerk Deputy COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS iv Richard Meyer, County Judge 1 TAX ABATEMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN § THIS AGREEMENT (hereinafter Agreement) is between Calhoun County, Texas, (hereinafter County), a political subdivision of the State of Texas, acting by and through its duly elected Commissioners Court (hereinafter Commissioners), and The Dow Chemical Company ("Dow"), which is a wholly -owned direct subsidiary of Dow, Inc., a Delaware Corporation with a certificate of authority to do business in Texas, with a place of business in Calhoun County, Texas (hereinafter "Dow"). 1. Application/Specific Improvements Required. Dow has filed with the County an Application for Tax Abatement. The Application was dated March 16, 2023. A copy of the Application is attached hereto, marked Exhibit "l," and made a part hereof for any and all 1.1 Specific Improvements Required. The County hereby approves the Application for Tax Abatement Agreement expressly upon the condition that Dow will make the specific improvements described in its Application. All of the proposed eligible improvements are to be located in the Dow Chemical Company Reinvestment Zone #2. 1.2 Agreement Governed by Guidelines. Unless otherwise stated, this Agreement for Tax Abatement is made and entered into pursuant to and is governed by the Guidelines and Criteria of the Commissioners Court of Calhoun County, Texas for Granting Tax Abatement in Reinvestment Zones created in Calhoun County, Texas adopted March 9, 2022 (hereinafter v "Guidelines") except as varied by the specific provisions of this Agreement and by the Commissioners' enabling resolution. The Guidelines are hereby incorporated by reference and made apart hereof for any and all purposes. Subject to any variances contained in this Agreement, the 2022 Guidelines govern this Agreement. This Agreement is further subject to the following terms, covenants and conditions. 1.3 Property Eligible for Tax Abatement. The County agrees to exempt from taxation: 1.3.1 the percentages of value of the real property in each year covered by this Agreement only to the extent its value for that year exceeds its value for the year in which this Agreement is executed; and, 1.3.2 the value of eligible tangible personal property described in the Application located on real property in the Reinvestment Zone in each year covered by this Agreement other than tangible personal property that was located in the Reinvestment Zone at any time before the execution of this Agreement with the County. This provision shall not affect the eligibility for tax abatement of other improvements in the Reinvestment Zone as authorized by any prior Agreements with the County. Tangible personal property that is not eligible for abatement is described in Section 2(f) of the Guidelines and Criteria. 2. Kind, Number and Location of Improvements. The kind, number and location of all proposed improvements of the property subject to this Agreement are as contained in the Application. (See Exhibit "1") 3 i 3. Inspection of Premises. Dow hereby expressly agrees to provide access to and authorize inspection of its property by County officials, employees, and/or their designees to insure that the improvements described in the Application are made according to the specifications and conditions stated in the Application and this Agreement, and that Dow is complying with the Agreement. 4. Limitation of Use. Dow shall not make any use of the property that is inconsistent with the general purpose of encouraging development or redevelopment of the Reinvestment Zone during the period that the property tax exemptions are in effect. 5. Right of Recapture. The County shall be entitled to recapture all property tax revenue lost as a result of this Agreement, if Dow fails to make the improvements as provided by this Agreement, and the Application attached hereto, or in the event of other specified defaults, after notice and failure to cure, all as more particularly provided in paragraph 13 of this Agreement. 6. Cost of Proiect/Number of Jobs. (a) The estimated cost of the project (net of any federal incentives) as described in the Application is $650,000,000.00. (b) It is estimated that 30 full time new jobs will be created as a result of constructing the facilities. (c) Substantial compliance with these estimates will be acceptable. Substantial compliance means within 80% of any authorized estimate. 7. Percent of Exemption. Pursuant to the resolution approving this agreement, Dow is granted a variance from the County's guidelines as to the percent and number of years of the 7 abatement. As such, the percent of exemption to be abated for each year* of the abatement period is one hundred percent (100%) for ten (10) years beginning on January I" of the Base Year/Start Date (defined below). (*Actual years of the abatement will be dependent on factors described in number 8 below. 8. Base year Value/Start Date of Abatement. The Parties have agreed that there is uncertainty relating to the issuance of a permit for this improvement, the timing to receive the equipment onsite and the date of the beginning of construction. As such, the Parties have agreed that the Base Year and Start Date of this Agreement shall be based on (1) the issuance of a permit to build the improvements by the Nuclear Regulatory Commission and (2) the date construction begins. "Construction begins" is defined as the date on which activities that include excavation, foundation work, or the installation of building components begin, but excluding activities such as site preparation, design, work or the procurement of materials. Dow shall notify the County when Construction Begins. Depending on the date when Construction Begins, the Base Year and Start Date for the abatement shall be determined. If the date Construction Begins is on or before July l st of any year, the Base Year and Start Date for the abatement shall be the January 1' of the year following the date when Construction Begins. If the date Construction Begins is after July I" of any year, the Base Year and Start Date shall be January 1st of the second year after the date when Construction Begins. For example, if Construction Begins on May 1, 2026, the Base Year and Start Date of abatement shall be on January 1, 2027; however if Construction Begins on November 1, 2026, the Base Year and Start Date of abatement shall be on January 1, 2028. 9. Payment in lieu of taxes (PILOT). Upon the County's approval of this tax abatement and for other good and valuable consideration, the receipt of which is hereby acknowledged, Dow shall pay to County the sums shown below under the following schedule: a. $2,000,000.00 on January 2°a of the Base Year. b. $2,000,000.00 on January 2°a one year after the Base Year. 10. Duration. The duration of the abatement term shall be ten years commencing within the Base Year for ten (10) years. 11. Commencement and Termination Dates. The effective date of this Tax Abatement Agreement shall be determined by the rationale of number 8 above.. The abatement granted in this Agreement shall apply to all eligible improvements described in the Application (Exhibit "1") and placed in the Reinvestment Zone after the effective date. Taxes will be abated on eligible property for ten consecutive tax years commencing on January Pt of the Base Year. Property otherwise eligible for tax abatement under this Agreement shall be eligible for abatement only if the property is placed or constructed in the Reinvestment Zone after the effective date of this Agreement, but on or before the expiration of the abatement granted herein. 12. Description of Project/Economic Life. The facilities designated in the Application are part of Dow's strategic plan to decarbonized its operations and includes the construction of four (4) advanced nuclear small reactors (SMRS); various site infrastructure improvements including site electrical distribution upgrades and additional piping configurations at its Calhoun County Plant and specifically are identified as shown in Exhibit "1" with an economic life of at least 20 years after completion. The nature of the construction is more completely described in the Application. Any part of the improvements described in the Application constructed prior to 9 the effective date of this Agreement shall not be eligible for abatement but may be counted in determining the value of the project. Completion of construction is estimated to be completed by 2030. A complete property description is contained in the Application. 13. Default, Notice, Cure, Termination, etc. Should the County determine that Dow is in default in the performance of any of the terms or conditions of this Agreement, the County shall notify Dow in writing at the address stated in this Agreement, and if such default is not cured within 60 days from the date of written notice, or within an approved extended curative time as authorized by paragraph 7(a) of the County's Guidelines, this Agreement may be terminated by the Commissioners for cause. 13.1. Events of Default. The following shall be considered events of default, should Dow: 13.1.1. Allow any of its ad valorem taxes owed to the County to become delinquent without timely and proper protest and/or contest; or 13.1.2. Violate any of the terms and conditions of this or any other Abatement Agreement with the County or with any other taxing jurisdiction that has granted Dow tax abatement for any project that the County has also granted tax abatement; or 13.1.3. Discontinue producing the product or service described in the Application for any reason excepting fire, explosion or other casualty or accident or natural disaster, for a period of one year during the abatement period after the facility is completed and begins producing the product or service; or 10 13.1.4. Violate any written term, covenant, condition, agreement, or promise of gift or donation made by Dow to the County, although such may be extraneous to this Agreement, and even though same may be otherwise unenforceable; or 13.1.5. Make any material misrepresentation or omit any material fact either in the Application or in this Tax Abatement Agreement. (Material misrepresentation or omission of a material fact means a false statement or omission about a material matter which induced the Commissioners Court to take any specific action on the Application for Tax Abatement, and without such misrepresentation, the Commissioners would not have granted this Tax Abatement Agreement, or would have taken some action different than they actually did.) 13.2. Termination Retroactive. Termination of the Tax Abatement Agreement for cause shall be retroactive to the effective date of this Agreement. Termination shall be effected by resolution of the Commissioners and written notice of termination shall be mailed to Dow. 13.3 Limitation on Value; Reduction for Closure, Curtailment, etc. of Existing Facilities. During the abatement period, if Dow should permanently cease production, or abandon use of any facility in the Dow Chemical Company Reinvestment Zone #2, for the then remaining term of the Tax Abatement Agreement, the eligible value for abatement allowed in this Tax Abatement Agreement percentage abated shall be reduced. The reduction shall be calculated by dividing the amount of existing property value owned by the Taxpayer that is reduced or deleted 11 from the tax roll by the value of this project (as determined from its last year of full production) and multiplying by 100 which shall determine the reduction of the percentage of abatement. Depreciation, agreed to by the Chief Appraiser, or Appraisal Review Board, shall not be construed as a reduction or deletion of value for purposes of this limitation. Example: Value of Unit X that is permanently taken out of service is $50,000,000.00 The Abatement percentage would be reduced as follows: $50,000,000.00 divided by $120,000,000 = 41.6%. As such, from then forward the amount of abated property shall be 59.4% instead of 100% 13.4. Nonwaiver. In the event the County fails to act on or enforce any element or breach that is identified as a default, such failure to act shall not be a waiver of the County's right to subsequently enforce the same default or any other prior or subsequent default. 13.5. Recapture of Taxes. On termination for cause, Dow shall then become liable for the payment of all taxes that would have otherwise become due but for this Abatement Agreement for all calendar years during which the Abatement Agreement was in effect. Such taxes shall be paid to the Calhoun County Appraisal District to the credit of the County within 60 days from the date of receipt of notice of termination. All such taxes shall include statutory penalty and interest from the date they would otherwise have become delinquent, as if they had not been abated, until the date they are actually paid. 13.6. Administration and Enforcement. The administration and enforcement of this Agreement shall be in accordance with the terms contained herein and the Guidelines as adopted by the Commissioners on March 9, 2022. In the event of any conflict in the terms of this 12 Agreement and the Guidelines adopted by the Commissioners, the provisions of this Agreement shall prevail, unless prohibited by law, then the Guidelines adopted by the Commissioners and their provisions shall prevail. 13.7. Assignment. This Agreement may be assigned either in whole or part to any entity that is controlled by Dow Inc., or one of its subsidiaries without the express written consent of County which would not be unreasonably withheld. This Agreement may be assigned to a new owner of the same facility upon the approval by resolution of the Commissioners Court of Calhoun County, subject to the financial capacity of the assignee and provided that all conditions and obligations in this agreement are guaranteed by the execution of a new contractual agreement with the County. Approval shall not be unreasonably withheld. 14. Tyne of Legal Entity. Dow represents to the County that it is a corporation, duly organized, validly existing, incorporated under the laws of the State of Delaware, and in good standing. Dow further represents it is duly qualified and in good standing under the laws of the State of Texas and has all requisite power and authority to own and operate properties and to carry on its business as now being or intended to be conducted. The name and address of the registered agent for service in Texas is: The Dow Chemical Company 2211 H.H. Dow Way Midland, MI 48674 Dow shall notify the County within 60 days of any change in the registered agent or status of the corporation. 13 15. Notices. Any notices required to be given hereunder, shall be given in writing as follows: (a) County: County Judge Calhoun County Courthouse 211 S. Ann Port Lavaca, Texas 77979 (b) The Dow Chemical Company: Dow Tax Department Marcelo Vieira, Tax Director TXINN APB, 332 State Highway 332 E. Lake Jackson, Texas 77566 16. Reimbursement for Fees and Expenses. Within 30 days from receipt of written notice, Dow will reimburse the County for any expenses, directly or indirectly incurred by the County for processing and approving the Application for Tax Abatement, preparation and presentation of this Tax Abatement Agreement, and any other expenses reasonably incurred by the County in any way related thereto, including all expenses that may be incurred in enforcing or defending any term, covenant or condition contained in this Agreement. 17. Indemnity. Dow hereby agrees to hold harmless and indemnify the County, each of its elected officials, all of its servants, agents and employees, and any designee (a person or legal entity designated to perform any function required under the County's Guidelines, or under the Tax Abatement Application, or by the terms of this Tax Abatement Agreement) and the Calhoun County Appraisal District, its officers, directors, servants, agents and employees for the amounts of any and all liabilities, claims, costs, judgments, penalties, interest, court costs and attorney fees incurred by the County, each of its elected officials, all of its servants, agents and employees, or 14 any designee, and the Calhoun County Appraisal District, its officers, directors, servants, agents and employees in defense of any claims occurring out of or in any way incident to processing the Application, or any other claim arising out of or incident to the terms, covenants and conditions contained in this Tax Abatement Agreement, or arising out of or in connection with the Reinvestment Zone, or the project subject to abatement. 18. Incontestability. At the option of the County, this Agreement may be terminated, and all taxes that would have otherwise been due but for this Abatement Agreement will become due and payable within 60 days from date of written notice of the amounts due and owing, including penalty and interest as provided in paragraph 13.5 of this Agreement if any of the following events occur: (a) If Dow should contest any term, covenant or condition contained in this Agreement, or attempt to prevent or negate the enforceability of any of such terms, covenants or conditions; or (b) If any third party, firm, corporation or other legal entity should contest any term, covenant or condition contained in this Agreement, and prevent or negate the enforceability of any of such terms, covenants or conditions by final judgment in a court of competent jurisdiction; or (c) If any governmental agency should contest any term, covenant or condition contained in this Agreement, and either by enforceable regulatory order, or by final judgment of a court of competent jurisdiction prevent or negate the enforceability of any of such terms, covenants or conditions. 19. Assurances and Special Conditions. The County and Dow agree that the following assurances, promises and conditions are made by Dow expressly to induce the County to grant this 15 Tax Abatement Agreement and that without such assurances, promises and conditions the County would not have granted this Tax Abatement Agreement. Dow hereby expressly makes and agrees to be bound by the following representations, assurances, promises and conditions: 19.1. Accuracy of Information. That all information contained in Dow's Application and furnished to the County for incorporation in this Tax Abatement Agreement is true, complete and correct. 19.2. Authority to Sign. That the person who signed the Application for Tax Abatement Agreement on behalf of Dow has unrestricted authority to execute the Application, to execute this contract document on behalf of Dow, and to obligate Dow to all the terms, covenants and conditions contained in this Tax Abatement Agreement. By acceptance of any of the benefits provided hereunder, Dow has authorized and ratified the execution and delivery of this Agreement and represents that it is enforceable against Dow in accordance with the terms of this Agreement. 19.3. Commencement of Construction. Other than preliminary matters, that construction will not commence on any of the eligible improvements until after this Tax Abatement Agreement is executed by the County. 19.4. Permits. That the project described in the Application, and this Tax Abatement Agreement will not be constructed without first obtaining all necessary local, state and federal environmental and construction permits, and that Dow will abide by all conditions of the permits, laws and ordinances, rules and regulations governing the construction and operation of the project throughout its economic life. 16 19.5. All Conditions to be Performed. That Dow will abide by all conditions of this Tax Abatement Agreement and the Guidelines adopted by the Commissioners applicable to this Agreement. 19.6. Public Health and Safety. That the planned use of the property will not constitute a hazard to public health or safety throughout the economic life of the project. 19.7. Required to Make Specific Improvements. That Dow will make the specific improvements to the property as described in its Application. (See Exhibit "1") 19.8. Estimates/Strict Compliance. Estimates of the cost and value (net of federal incentives) of the project and the number of jobs retained or created as a result of the project represent Dow's best effort to accurately approximate the project parameters at the time of this approval and the parties agree that those that are within 80% of the estimated cost, estimated value and number of jobs may be construed to be substantial compliance. Unless estimates are expressly authorized, strict compliance is not required. 20. Information to Determine Compliance. Dow covenants and agrees to provide within a reasonable time, not to exceed 30 days after written request, such information as may be required by the County or its designee, in order to determine compliance on Dow's part of the terms of this Tax Abatement Agreement. 21. Value of Project After Abatement. Dow contracts and agrees the value of the eligible property that is being abated will be a minimum of $520,000,000 plus the $111,260 base value as certified by County's Chief Appraiser, as of 1/1/2022 for the (4) four advanced nuclear small modular reactor (SMRS), various site infrastructure improvements including site electrical 17 distribution upgrades and additional piping configurations. As such, Dow agrees to pay ad valorem taxes on the eligible property for tax year following the tenth year of the abatement period based on a minimum value of $ 520,000,000. If the value is greater than $ 520,000,000, Dow has all rights to contest the value of the advanced nuclear small modular reactor (SMRS), various site infrastructure improvements including site electrical distribution upgrades and additional piping configurations. 22. Contract Terms and Conditions Survive Abatement Period. Unless sooner terminated under other provisions hereunder, all other rights, duties and obligations contained in this Agreement shall continue in full force and effect until all taxes levied in each of the ten years in which an exemption applied under this Agreement are fully paid by Dow, and all other covenants and conditions have been fulfilled. Provided, however, that no extension of the abatement period shall occur as a result of this Agreement beyond a ten year period, it being the intent of the parties that ten years is the limit of abatement granted. 23. Amendment. The County and Dow agree that this agreement may be amended by mutual consent to modify the projects and investment contemplated in this Agreement due to changed market conditions and technical specifications. 23. Miscellaneous. The following additional provisions are included and are made express conditions of this Tax Abatement Agreement in order to carry out the intent and purposes of the County's Guidelines, or to address any special problems or needs arising out of the uniqueness of the project, the Application, or Dow: 23.1. Agreement Survives Reinvestment Zone. It is specifically understood and agreed that the designation of the Reinvestment Zone in which the eligible property described in this Tax m Abatement Agreement is located is valid for a period of five years from May 10, 2023, unless subsequently extended. The fact that the designation of the Reinvestment Zone may expire before this Agreement terminates shall not effect the terms and conditions of this Agreement. 23.2. Payment of Taxes. During the term of this Agreement, Dow's taxes shall be payable as follows: 23.2.1. The value of any ineligible property as described in Section 2(g) of the County's Guidelines adopted on March 9, 2022 shall be fully taxable. 23.2.2. The base year value of existing property not otherwise eligible for tax abatement as determined each year shall be fully taxable; and 23.2.3. The additional value of new eligible property in the Reinvestment Zone shall be taxable subject to the exemptions provided in paragraph 7 above. 23.3. Conflicts of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws rule. 23.4. Severability. At the option of the County, the invalidity of any one or more covenants, phrases, clauses, sentences, paragraphs or sections of this Agreement shall not affect the remaining portions of this Agreement or any part hereof, and in case of any such invalidity, this Agreement may be construed as if such invalid covenants, phrases, clauses, sentences, paragraphs or sections were not included. 23.5. Subtitles. The use of subtitles in this Agreement is strictly for convenience, and shall have no legal significance whatsoever. The use of the singular shall include the plural when appropriate. The use of any reference to gender shall include any and all other genders when appropriate. IM, 23.6. Place of Performance. This Agreement, in its entirety, shall be performable in Calhoun County, Texas. As part of the consideration for entering into this Agreement, both County and Dow agree that any litigation to construe or enforce the terms and conditions of this Agreement shall be brought in the State Courts of Calhoun County, Texas. 23.7. Acceptance by Dow. By acceptance of this Agreement and/or any benefits conferred hereunder, Dow represents that its undersigned agent has complete and unrestricted authority to enter into this Tax Abatement Agreement and to obligate and bind Dow to all of the terms, covenants and conditions contained in this Agreement. Dow agrees to be bound by all assurances and commitments contained in the Application dated November 18, 2022, the Guidelines and Criteria as applicable, and the specific terms, covenants and conditions contained in this Tax Abatement Agreement. 23.8. Approval by Commissioners. This Agreement, in its entirety, including authority to execute it in this form, has been approved by the Commissioners, in a regular meeting of the Cornrnissioners, after due notice as required by law, and pursuant to Resolution duly adopted by the Commissioners by at least a three -fourths vote of the entire Commissioners Court. 23.9. Binding Effect. This Agreement, in its entirety, shall be binding upon all the parties hereto, their respective successors and/or assigns. EXECUTED IN MULTIPLE ORIGINALS on the 1 Oth day of May, 2023. COUNTY: COMMISSIONERS COURT CAL CO/U/NTY, TEXAS c Richard Meyer, County Ju ge 20 THE DOW CHEMICAL COMPANY 21 DOSI!!i March 16, 2023 Mr. Richard Meyer, County Judge Calhoun County Texas 211 S. Ann St. Ste. 301 Port Lavaca, TX. 77979 Dear Judge Meyer: Please find the attached Chapter 312 application in Calhoun County's jurisdiction on behalf of The Dow Chemical Company. We are confident that with the support from Calhoun County through a tax abatement agreement, that it will prove to be a valuable incentive and entice the proposed $650,000,000 Investment to Seadrift. We are submitting this application well in advance of any construction and we ask, per the guidelines, that the beginning of the abatement period be deferred to January 1, 2029. 1 welcome any questions that you may have and thank you for your continued support of The Dow Chemical Company. Sincerely, Jamie M. Snead Tax Director TXINN APB 332 State Highway 332 E. Lake Jackson, TX 77566 (989) 638-9137 Texas Innovatlon Center 1332 SH 332 E I Lake Jackson, TX 77566 USA 1of14 EXHIBIT I CONFIDENTIAL THE DOW CHEMICAL COMPANY APPLICATION FOR TAXABATEMENT IN CALHOUN COUNTY, TX Section 1: Project Description (1) Proposed improvements and general description of modernization, expansion or new improvements to be undertaken: The proposed project of The Dow Chemical Company (TDCC, a subsidiary of Dow Inc.) includes construction of four (4) advanced nuclear small modular reactors (SMRs) to be built at the Union Carbide Corporation (UCC, a subsidiary of Dow Inc.) site in Seadrift, Calhoun County, Texas. Various site infrastructure improvements would also be required to facilitate this new facility, including site electrical distribution upgrades and additional piping configurations. This project is a part of Dow s strategic plan to decarbonize its operations. The four (4) advanced SMRs will be capable of providing high temperature steam and electricity for the site, The proposed improvements and fixed equipment for which an abatement agreement Is requested include process equipment, heat exchangers, pumps, motors, turbines, generators, storage tanks, purification equipment, pipe racks and instrumentation, This project would also include any other necessary equipment and structures to construct and operate the facility. (2) Current and proposed uses of the property encouraging development or redevelopment of the reinvestment zone during the period that the property tax exemptions are in effect: The proposed project site is currently vacant agricultural land, adjacent to the UCC site in Seadrift. The proposed use of the property, as described above, is a part of Dow's strategic plan to decarbonize its global operations. Section 2: Location (3) Please refer to Attachment A for surveying and mapping attachments including the legal description of the property, which includes a map showing the locations of existing and proposed Improvements. Section 3: Investment and Job Impact (4) Estimated project values: The total project value is estimated to be $650,000,000. The Base year appraised market value of land Is $746,160 and ag, value is $111,260. The base year value of existing improvements is $0. See Attachment B for Appraiser values and Reinvestment Zone designation certifying the existing land values, (5) Estimated number of jobs thatwill be created or retained bythe modernization, expansion, or new improvements: Thirty (30) newjobs will be created at the project site as a result of this project. The new jobs created at the site include plant management, operations, production and maintenance, engineering, security and administration positions. There is potential for additional jobs to be created in future phases of the project, which may increase to 90 positions. Additionally, approximately 1,000 to 1,800 construction jobs may be created during peak construction periods. 2of14 CONFIDENTIAL Section 4: Timeline (6) Estimated timing: Project construction and spending is estimated to begin in July 2025. The estimated value of new improvements is $650,000,000 which will occur over the term of the anticipated construction period, Physical construction is estimated to be complete in November 2028, followed by a six (6) month testing period before the project would be considered commercially operational, which could occur by May 2029, Section 5: Estimated Values (7) The estimated property value subject to abatement on January 1 immediately following the end of the 10-year abatement period Is $540,000,000, Section 6: Variance Request (8) A variance from the Calhoun County Chapter 312 Guidelines and Criteria is requested. a. As the project construction is estimated to begin July 2025, with a completion date in November 2028, Dow respectfully requests a variance to accommodate the start date of the abatement as January 1, 2029 in order to align with the anticipated project timeline. b. In light of the scale of the proposed project and economic Impactof the Investment, Dow respectfully requests a ten (10) year, one hundred percent (100%) property tax abatement In the Reinvestment Zone with a negotiated payment -in -lieu of tax. Section 7: Additional Information and Assurances (9) Applicant information: The legal entity making this application is The Dow Chemical Company, a Delaware Corporation. The registered agent address is: 2211 H.H. Dow Way Midland, MI 48674 The Dow Chemical Company recognizes the commitment to notify Calhoun County within sixty (60) days of any change of the registered agent or status of the corporation. Financial information of the applicant is available at: https://investors.dow.com/en/investors/default.aspx Local and corporate company representative/contact: Jamie Snead, Tax Director Company contact address: TXINN APB, 332 State Highway 332 E„ Lake Jackson, TX 77566 (10) Application assurances: (a) All the information contained in the application Is true and correct. (b) The person signing the application on behalf of the Taxpayer/Applicant has unrestricted authority to execute the application and the contract documents on behalf of the Taxpayer/ Applicant and has the unrestricted authority to obligate the Taxpayer/Applicant to all the terms, covenants and conditions that will be contained in the agreement. 3of14 �7�171»i•�i71� (c) Construction will not commence on any of the eligible improvements until an agreement has been executed with the designating authority, whether the designating authority is the County, or municipality. (d) The project will not be constructed without first obtaining all necessary local, state, and federal environmental and construction permits, and that the Taxpayer/Applicant will abide by all conditions of the permits, laws and ordinances, rules and regulations governing the operation of the project throughout its economic life. (a) The Taxpayer/Applicant will abide by all conditions of the agreement and the Guidelines and Criteria adopted by the Commissioners' Court applicable to the agreement. (f) The planned use of the property will not constitute a hazard to public health or safety throughout the economic life of the project. (g) The Taxpayer/Applicant will make the specific improvements to the property as described in its application. (h) Although estimates of the cost of the project and the number of jobs retained or created as a result of the project that are within 85% of actual cost and/or number of jobs may be construed to be substantial compliance, the actual total cost of the project and actual number of jobs retained or created shall not be less than the minimum amounts required in the County's Guidelines required to qualify for tax abatement as a business incentive. (i) The Taxpayer/Applicant waives all rights of confidentiality with regards to contents of its application for tax abatement as a business incentive otherwise granted under TEX TAX CODE ANN.§312.003. Q) The Taxpayer/Applicant shall agree to reimburse the County for all legal fees and any other expenses that the County incurs in establishing eligibility for granting business incentives and for reviewing, processing, and acting on its application. Further, the Taxpayer/Applicant shall agree to pay for the costs of an economic Impact assessment if the County requires one In connection with Its application for business Incentives. In the event the County determines an economic impact assessment Is required, the Taxpayer/Applicant shall be given notice and the oppoftunity to withdraw its application prior to commencement of the economic impact assessment, if the Taxpayer/Applicant is unwilling to pay the total cost of the economic impact assessment. In its' application, the Taxpayer/Applicant shall agree to pay for all fees and expenses incurred by the County in establishing eligibility to grant business incentives and processing the application, even though the Commissioners' Court ultimately denies the application. (11) Completed Application: Upon receipt of a completed application, the Commissioners' Court shall mail written notice to the presiding officer of the governing body of each taxing unit that includes In its boundaries real property that is Included in the application. Such notice shall be mailed at least seven (7) days before the Commissioners' Court takes any action on the application. The notice shall include a copy of the proposed agreement if the County is the designating authority. 4of14 CONFIDENTIAL (12) Economic Impact Assessment: After receipt of an application for business Incentives, the Commissioners' Court may cause to have prepared an economic impact assessment setting forth the impact of the proposed agreement. The study shall include, but not necessarily be limited to, an assessment of the economic effects of the abatement of taxes. The County shall give at least ten (10) days written notice to the Taxpayer/Applicant of its intent to conduct an economic impact assessment, which notice shall include a description of the scope of the study. If the Taxpayer/Applicant is unwilling to pay for the economic impact assessment, It may give notice to the County within seven (7) calendar days from the date It received notice of the proposed economic impact assessment that the Applicant is withdrawing its application. The economic impact assessment may include any other Issue that the Commissioners' Court determines to be appropriate in considering the application, including, without limitation by enumeration, environmental issues, short term/long term effect on issues of adequacy of existing physical plants needs resulting increased costs as a result of the project and the County's ability to pay such costs during the abatement period. Section 8: Designation of Reinvestment Zone (a) Authorityto Designate Reinvestment Zones. Reinvestment zones may be designated by either the Commissioners' Court for property located outside the jurisdiction of any municipality In the County, or by a municipality, if the property is located within thejurisdiction of such municipality. (b) Application for County Designated Reinvestment Zone. An application to the County for designation of a Reinvestment Zone may be combined with the application for business incentives. The application must include information to support the required findings in subsection (c), inclusive of this section. It must also include a map showing the boundaries of the proposed reinvestment zone and a legal description of the proposed reinvestment zone. Any Information contained in the application for business incentives that answers the requirements for designation of a reinvestment zone does not need to be duplicated if the application for designation of a reinvestment zone and business incentives are combined in one application. (c) Designation. The Commissioners' Court may not designate an area as a reinvestment zone until: (1) The Commissioners' Court has held a public hearing on the designation at which time interested persons shall be entitled to speak and present evidence for or against the designation; and (2) The Commissioners' Court must make the following findings in order to designate an area as a reinvestment zone: (a)The designation would contribute to the retention or expansion of primary employment; or, (b) The designation would attract major investment in the zone thatwould be a benefit to the property to be included in the zone; and, (c) The designation would contribute to the economic development of the county. 5of14 CONFIDENTIAL (d) Notice of Hearing. Notice of the hearing shall be clearly identified on the Commissioners' Court agenda. In addition, notice shall issue as follows: (1) Notice of the hearing must be published in a newspaper of general circulation In the County not later than the 7th day before the date of the hearing; and (2) Written notice of the hearing shall be delivered to the presiding officer of the governing body of each taxing unit that includes In Its boundaries real property that is included in the proposed reinvestment zone. Such notice shall be delivered at least 7 days before the hearing. Pursuant to Texas Tax Code Ann. §312.20 1 (e) this notice shall be presumed delivered when placed in the mail postage paid and properly addressed tothe appropriate presiding officer. (e) Date of Expiration. The designation of a reinvestment zone shall expire five (5) years after the date of designation. However, the designation of a reinvestment zone that has expired may be renewed by the County or municipality for periods not to exceed five (5) years. The expiration of the designation of a reinvestment zone shall not affect existing agreements made under these Guidelines and Criteria. DECLARATION To the best of my knowledge, the above information is an accurate description of the project details. 0 Company Official Signature Jamie M. Snead, Tax Director Printed Name &Title of Company Official Attachments: Attachment A: Surveying and mapping attachments Including the legal description of the property Attachment B: Appraiser values and Reinvestment Zone designation 6of14 CONFIDENTIAL Attachment A: Surveying and mapping attachments including the legal description of the property 7of14 U v¢���Q O �4 kk U 2� �a0~ n a �ZW n aF2�l, o z�0~ w .� Qe" rU' O QK a Z0.ogKuwTUM�V�aww Kk.o k:'uFW+ p�o,< UWg0UQ¢§R.pkaWU�w WK7� U dv QQl 4<o0y0 �gmri O�oF o�q� �0¢ LLO`7p' �Up` l Ml•.W¢ O.EzoQ �oRWW'� Q�dv'3� khM!2SK 12 Uzky°1��n OokoyEz,baO�.l.oU Oz yC ypUQN M Oc- o`2y x `ORW o 4 UCH 2� o 2 3 I 000Q0a ti(3 c3 W�(sd y U($V UV / Mau / ti.31 / O UVn ° a °� I oryj �• n N A Y N I O y I ON I O ,19'6LLZT. .................. I I I I I I i I OC it ........:.. rc O Wo s�8 � 888 � = o08 t, s M8 •oho • uo �� I I I I I I 1 1 1 I I I I I I 1 1 1 I 1 1 1 i I I I I 1 I 1 I I I I t ----------------------- --I CONFIDENTIAL Doyle & Wachtstetter. Inc. i Surveying and Mapping • GPS/GIS • Pipeline Integrity High Density 3D Laser Scanning • Robotic Imaging HD Aerial Topographic Surveying • RTK/UAV Imagery DOW CHEMICAL COMPANY ENRIQUEZ RENDON LEAGUE, ABSTRACT 31 SEADRIFT, CALHOUN COUNTY, TEXAS FIELD NOTE DESCRIPTION OF ALL THAT CERTAIN 310.9 ACRE TRACT OF LAND lying and situated in the Enriquez Rend6n League, Abstract 31, Calhoun County, Texas, being comprised of a portion of all that certain called 132.84 acre tract of land, described by general warranty deed recorded July 21, 1989 from Alvin A. Hahn, W. H. Hahn, and Oscar F. Hahn, as co - independent executors of the Estate of Henry J. Hahn, Alice Elizabeth Marbach, Andrew J. Hahn, Leroy R. Hahn, Delda Ruth Ann Reynolds and Yvonne Gail Hahn Harraid Meischen to Union Carbide Chemicals and Plastics Company, Inc., as recorded in volume 34, page 631 of the Calhoun County Official Records (C.C.O,R), a portion of all that certain called 71.034 acre tract of land, described by deed recorded March 18, 1970 from A, B. Hahn and wife, Martha Hahn to Union Carbide Corporation, as recorded in Volume 257, Page 309 of the Calhoun County Deed Records (C.C.D.R.), a portion of all that certain called 279.3998 acre tract of land, described by warranty deed recorded March 12, 1991 from Charles Dentler to Union Carbide Chemicals and Plastics Company, Inc., as recorded in volume 59, page 673 of the C.C,O.R., a portion of all that certain called 998.634 acre tract of land, described by general warranty deed recorded May 2, 1952 from May A. Stofer, John G. Stofer, Orin A. Eiband and E.G. Eiband to Union Carbide and Carbon Corporation, as recorded in volume 81, page 408 of the C.C.D.R. and a portion of all that certain called 494.96 acre tract of land, described by special warranty deed recorded February 23, 1998 from James N. Stofer, Terry S. Hewitt, Dee Anna Stofer, independent executrix and trustee under the will of Preston A. Stofer, Northwest Bank Texas, Victoria Bank & Trust and BIC Investment Corporation to Union Carbide Corporation, as recorded in Volume 197, Page 870 of the C,C.O.R., said 310.9 acre tract being more particularly described by metes and bounds as surveyed by Kim T. Doyle, R.P,L.S. 6526 March 3, 2023, using survey terminology which refers to the Texas State Plane Coordinate System, South Central Zone NAD83), in which the directions are Lambert grid bearings and distances are grid level lengths, all areas shown hereon are surface calculations (Combined Scale Factor = 0.99996586764) as follows: BEGINNING at a %" iron rod with aluminum cap stamped "KIM T. DOYLE RY.L.S. 6526" set marking an exterior comer of the herein described 310.9 acre tract, said POINT OF BEGINNING being located at Texas State Plane Coordinate System position X = 2686648.60 and Y= 13380405.8 1, and from which point Dow Seadrift Plant Monument SAT-4 being a brass cap in concrete bears South 13°43'37" West a distance of 3390.01 feet; THENCE with the with the lines of the herein described 310.9 acre tract, the following bearings and distances, all comers being marked by a %" iron rod with aluminum cap stamped "KIM T. DOYLE R.P.L.S.6526": THENCE North 36e38'04" West, a distance of 3000.77 feet to a %" iron rod with aluminum cap stamped "KIM T. DOYLE R,P,L.S. 6526" for the west comer of the herein described 310.9 acre tract, 131 Commerce Street • Clute, Texas 77531-5601 Phone: 979-265-3622 • Fax: 979-265-9940 • Email: DW-Surveyor.com • Firm #10024500 10 of 14 , A , CONFIDENTIAL THENCE North 51°53'27" East, a distance of 2779.67 feet to a %" iron rod with aluminum cap stamped "KIM T. DOYLE R.P.L.S. 6526" for the north coiner of the herein described 310.9 acre tract, THENCE South 32°39'24" East, a distance of 5777.12 feet to a %" iron rod with aluminum cap stamped "KIM T. DOYLE R.P.L.S. 6526" for the east corner of the herein described 310.9 acre tract, THENCE South 52o00'10" West, a distance of 1900.72 feet to a %" iron rod with aluminum cap stamped "KIM T. DOYLE R.P.L.S. 6526" for the south corner of the herein described 310.9 acre tract, THENCE North. 36059'32" West, a distance of 2739.42 feet to a %" iron rod with aluminum cap stamped "KIM T. DOYLE R.P.L.S. 6526" for an interior coiner of the herein described 310.9 acre tract, THENCE South 52°5736" West, a distance of 460.71 feet to the POINT OF BEGINNING containing 310.9 acres of land, more or less. � —7 �P ..aa.. -- 2S srx,� a . KI.. THOMA: Kim T. Doyle 6526 Registered Professional Land Surveyor .vo Texas Registration Number 6526 9ti0 .: ;; . Licensed State Land Surveyor s u P March 15, 2023 This description 1s based on an on the ground suney, a plat ofividd i, dated March 14, 2023 is on f to in the off ee of Doyle & Wachtstallan Inc. LnVTXin DP%aSeeddft11021 Tat Abatement TradkOW71306-Ue\YSUddft- ReldNme pesdpdon90014.400x 131 Commerce Street • Chile, Texas 77531-5601 Phone: 979-265-3622 • Fax: 979-265-9940 • Email: DW-Survevoncom • Firm #10024500 2 11 of 14 a CONFIDENTIAL Attachment B: Appraiser values and Reinvestment Zone Designation 12 of 14 rmrARTAI r_14 13 of 14 Reinvestment Zone Designation: The table below Includes information for the entire property ID. Please refer to the Appraiser Letter attached on the previous page for the specific acres and values associated with the proposed project location. 35830 A0031-00000- UNION CARBIDE A0031 ENRIQUES RENDON, 64.43 0022-00 CORP TRACT PT 9 W & D S/D, ACRES 64.43 35790 A0031-00000- UNION CARBIDE A0031 ENRIQUES RENDON, 106.41 0021-00 CORP TRACT PT 8 W & D S/D, ACRES 106.41 35334 A0031-00000- UNION CARBIDE A0031 ENRIQUES RENDON, 249.03 0012-00 CORP TRACT PT 24 TP S/D, ACRES 249.03 35644 A0031-00000- UNION CARBIDE A0031 ENRIQUES RENDON, 494.96 0003-00 CORP TRACT PT 2, ACRES 494.96 14 of 14 11 # 09 ' NOTICE OF MEETING-5/1.0/2023 9. Consider and take necessary action to adopt and approve the resolution in support of the allocation method for opioid settlement proceeds as set forth in the Texas Term Sheet in its entirety. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: ' Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 6 of 24 1 5/10/2023 Richard H. Meyer County judge David Hall, Commissioner, Precinct I Vern ]Lyssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 (wary Reese, Commissioner, Precinct 4 A RESOLUTION OF THE COIVMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS BE IT REMEMBERED, at a regular meeting of the Calhoun County, Texas Commissioners' Court, held on the 10f day of May, 2023 on a motion made by �hlf n Commissioner of Precinct 7, and seconded by (.r+.wY • t) , Commissioner of Precinct 3 , the following Resolution was adopted: WHEREAS, Calhoun County is a member County of the Golden Crescent Regional Planning Commission; and WHEREAS, Calhoun County obtained information indicating that certain drug companies and their corporate affiliated, parents, subsidiaries, and such other defendants as may be added to the litigation (collectively, "Defendants") have engaged in fraudulent and/or reckless marking and/or distribution of opioids that have resulted in additions and overdoses; and WHEREAS, these actions, conduct and misconduct have resulted in significant financial costs to the County; and WHEREAS, on May 13, 2020, the State of Texas, through the Office of the Attorney General, and a negotiation group for Texas political subdivisions entered into an Agreement entitled Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet (hereafter, the Texas Term Sheet) approving the allocation of any and all opioid settlement funds within the State of Texas. The Texas Term Sheet is attached hereto as Exhibit "A"; and WHEREAS, Special Counsel and the State of Texas have recommended that the Calhoun County Commissioners' Court support the adoption and approval of the Texas Term Sheet in its entirety. NOW THEREFORE, BE IT RESOLVED: that we, the Commissioners' Court of Calhoun County, Texas: 1. Support the adoption and approve of the Texas Term Sheet in its entirety; and 2. Finds as follows: Page 1 of 2 1 5/10/2023 a. There is a substantial need for repayment of opioid-related expenditures and payment to abate opioid-related harms in and about Calhoun County; and b. The Commissioners' Court supports in its entirety and hereby adopts the allocation method for opioid settlement proceeds as set forth in the STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET, attached hereto as Exhibit A. The Calhoun County Commissioners' Court understands that the purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and Political Subdivisions to explore and potentially effectuate resolution of the Opioid Litigation Pharmaceutical Supply Chain Participants as defined therein. We also under than an additional purpose is to create an effective means of distributing any potential settlement funds obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic in Calhoun County and throughout the State of Texas. APPROVED AND ADOPTED THIS, THE loth DAY OF MAY, 2023. and H. Meyer, Cou�AV Judge I Commissioner, Precinct 1 (]a,2V1-)-\ (Z�� Joel B ehrens Commissioner, Precinct 3 Vern Lyssy -0' / Commissioner, Precinct 2 - n, m, Gary keise Commissioner, Precinct 4 Attest: Anna Goodman, County Clerk o�1o:e°°°° By: Deputy Clerk Page 2 of 2 #10 ' NOTICE OF MEETING — 5/10/2023 10. Consider and take necessary action to authorize all appropriate signatures for Mott Macdonald to submit the Magnolia Beach Phase 2 CEPRA Cycle 13 application as follows: a. Bidding Phase (Proposal Phase) - $19,000 b. Construction Oversight - $175,000 c. Construction Cost of Project - $4,194,000 Thus the total cost which will be requested from the GLO as part of this CEPRA 13 cycle for the Magnolia Beach Phase 2 application is $4,194,000. This project has been included into the GLO Coastal Master Plan as Tier 1 and has no County match. (DEH) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 7 of 24 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 May 10th, 2023. Consider and take necessary action to authorize Mott Macdonald submit Magnolia Beach Phase 2 CEPRA Cycle 13 application as follows: 1. Bidding Phase (Proposal Phase): $19,000 2. Construction Oversight: $175,000 3. Construction Cost of Project: $4,000,000 Thus the total cost in which will be requested from the GLO as part of this CEPRA 13 cycle for the Magnolia Beach Phase 2 application is $4,194,OOO and authorize all appropriate signatures. This project has been included into the GLO Coastal Master Plan has Tier 1 and has no County match. Sqerel , David E. Hall DEH/apt #11 NOTICE OF MEETING-5/1,0/2023 11. Consider and take necessary action to authorize Kathy Smartt to prepare and submit CEPRA applications for Phase 2 and 3 of the General Land Office CEPRA Project 1716 at Swan Point for a fee of $400 to be paid with GOMESA funds. (DEH) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: i Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 8 of 24 Gary D. Reese County Commissioner County of Calhoun Precinct 4 . May 3, 2023 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 May 10, 2023. • Consider and take necessary action to authorize Kathy Smartt, to prepare and submit CEPRA application for Phase 2 and 3 of the General Land Office CEPRA Project 1716 at Swan Point for a fee of $400 to be paid with GOMESA funds. Serely, _N Gary D. Reese GDR/at P.O. Box 177 — Seadrift, Texas 77983 —email: aarv.reese to calhouncoN.om — (361) 785-3141 — Fae (361) 785-5602 SMARTT GRANTS Kathy Smartt 3801 Menchaca Road, Apt. 7 Austin, TX 78704 (512)800-4740 May 2, 2023 Gary Reese, County Commissioner Precinct #4 P.O. Box 177 Seadrift. TX. 77983 Re: CEPRA application for Swan Point Commissioner Reese, I offer my services to prepare a 2023 CEPRA application for Phases 2 and 3 of the General Land Office CEPRA Project 1716 at Swan Point. I will prepare and submit the application to the General Land Office for $400.00. Thank you for consideration of this proposal. Kathy Smartt # 12 ' NOTICE OF MEETING— 5/1.0/2023 12. Consider and take necessary action to authorize the grant match for CEPRA Phase 2 of the General Land Office CEPRA Project 1716 at Swan Point be paid with GOMESA funds and authorize the County Judge 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 9 of 24 Gary D. Reese County Commissioner County of Calhoun Precinct 4 May 3, 2023 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 May 10, 2023. • Consider and take necessary action to authorize the grant match for CEPRA Phase 2 of the General Land Office CEPRA Project 1716 at Swan Point be paid with GOMESA funds and authorize judge Meyer to sign all documentation. Sincerely, Gary D. Reese GDR/at P.O. Box 177 — Seadrift, Texas 77983 — email: ¢arv.reeseacalhouncotx oar — (361) 785-3141 -- Fax (361) 785.5602 #13 NOTICE OF MEETING — 5/10/2023 13. Consider and take necessary action on the US Army Corps of Engineers application for the Swan Point Bulkhead and Pier and authorize the County Judge to sign all documentation. (GDR) Matt Glaze explained individual permit. 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 24 Gary D. Reese County Commissioner County of Calhoun Precinct 4 May 4, 2023 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 May 10, 2023. Consider and take necessary action on U.S. Army Corp of Engineers application for the Swan Point Bulkhead and Pier and to authorize Judge Meyer to sign all documentation. Sincerely, Gary D. Reese GDR/at P.O. Box 177 —Seadrift. Texas 77983 —email: urv.reese.( calhouncolx.ore — (361) 785-3141 —Fax (361) 785-5602 s n m z g T m � N dys o SWANPOINTPROJECT VICINIYTYMAP ® n e . g i n e e r i n g 8 PIER IMPROVEMENTS 2004 N. Commerce, Victoria, Texas 77901 -361.578.9836 urbanvictorla.com • TREF# F-160 N a a I I Ite I �5 ^t a s r a� n i� n � Yes A". f �� 11mIp <C CT ST � Z N RIB `a �f C m 2 $m C z c A O W e � A 6 c P T; C Is sm i C C c C � s C I y � m A _ A 112 �T 2 N r- C °N U Ft BAN m PIER PROFILE &SECTIONS o . e n g i n e e r i n g SWAN POINT PIER 2004 N. Commerce, Victorla, Texas 77901 • 361.578.9836 m z urbanvictoria.com - TREF# F-160 U.S. Army Corps of Engineers (USAGE) Form Approved - APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB No. 0710-0003 For use of this form, see 33 CFR 325. The proponent agency is CECW-CO-R. Expires: 08-31-2023 The public reporting burden for this collection of information, OMB Control Number 0710-0003, is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or burden reduction suggestions to the Department of Defense, Washington Headquarters Services, at whs mo-alex esd mbx dd-dgd-information-colle tion mail mil. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR APPLICATION TO THE ABOVE EMAIL, PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC.403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. System of Record Notice (SORN). The information received is entered into our permit tracking database and a SORN has been completed (SORN #At 145b) and maybe accessed at the following website: htto'//docltl defense gov/Privacy S-ORNsindex/DOD wide SORN Article View/Arta i57011 /aI I4 6 asox (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICAN7) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - Richard Middle - Last - Meyer First - Matt Middle -A. Last - Glaze Company - Judge - Calhoun County Company - Urban Engineering E-mail Address-richard.meyer@calhouncotx.org E-mail Address-mglaze@urbanvictoria.com 6. APPLICANT'S ADDRESS: 9. AGENT'S ADDRESS: Address- 211 S. Ann St. Ste. 301 Address- 2004 N. Commerce Street City - Port Lavaca State - TX Zip - 77979 Country -USA City - Victoria State - TX Zip - 77901 Country -USA 7. APPLICANT'S PHONE NOs. w/AREA CODE 10. AGENTS PHONE NOs. WAREA CODE a. Residence b. Business c. Fax a. Residence b. Business c. Fax 3615534600 3615534444 3615789836 3615769836 STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, , to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this a it application. 2023-03-13 SIGNATURE OF APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Swan Point Bulkhead & Pier 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) San Antonio Bay Address 1522 Swan Point Rd. 15. LOCATION OF PROJECT Latitude: ^N ,a Longitude: ^W ,,,,,,, city- Seadrift State- TX Zip- 77 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID Municipality Section - Township - Range - ENG FORM 4345, 5EP 2022 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 17. DIRECTIONS TO THE SITE From Highway 185, turn South West onto Gates Rd. Travel three tenths of a mile and turn left onto Old Settlement Rd. and follow it till you are able to turn right onto Swan Point Rd. Following Swan Point Rd. The project is located at the end of the road next to Bill Saunders Park. 18. Nature of Activity (Description of project, include all features) The proposed project is the construction of a 231 foot T head pier with lights, a fish cleaning station, as well as handicap parking accessibility. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) The purpose of this project is to increase access to the bay and Swan Point to the public, as well as provide handicap access to the area. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres or Linear Feet 23. Description of Avoidance, Minimization, and Compensation (see instructions) As this project takes place next to or in San Antonio Bay, it is important to focus on BW's (best management practices) that help protect the water and marine life that may be encountered. The project does not contain any wetland, only open water. Contractor will be ebriefed on steps to take to mitigate and effects that may be harmful to the water or life nearby. cnv rumvi 9a45'acr zuzz Page 2 of 3 24. Is Any Portion of the Work Already Complete? Yes ®No IF YES, DESCRIBE THE COMPLETED WORK 25. Addresses of Adjoining Property Owners,Lessees,Etc., Whose Property Adjoins the Waterbody(if more than can be entered here, please anach a supplemental list. a. Address- 411 BAYSIDE DR City- SEADRIFT State- TX Zip- 77983 b. Address-1593 SWAN POINT RD City- SEADRIFT state - TX Zip- 77983 c. Address - city - State - Zip - d. Address - City - - State - Zip - e. Address - city - State - Zip - 26. List of Other Certificates or Approvals/Denials received from other Federal, Slate, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER * Would include but is not restricted to zoning, building, and Flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and a ate. 11,further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant SIGNATURE FAP LI ANT DATE SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, SEP 2022 Page 3 of 3 #14 ' NOTICE OF MEETING 5/10/2023 14. Consider and take necessary action to authorize the grant match for the General Land Office CMP Cycle 29 grant for King Fisher Beach Park be paid with GOMESA funds and authorize the County Judge to sign all documentation. (GDR) RESULT: APPROVED [UNANIMOUS] MOVER: Joel Behrens, Commissioner Pct 3 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 11 of 24 Gary D. Reese County Commissioner County of Calhoun Precinct 4 May 3, 2023 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 May 10, 2023. • Consider and take necessary action to authorize the grant match for of the General Land Office CMP Cycle 29 grant for King Fisher Beach Park be paid with GOMESA funds and authorize Judge Meyer to sign all documentation. Sincerely, r\,o Gary D. Reea GDR/at P.O. Box 177 — Seadrift. Texas 77983 — email: sarv.reese(akalhouncomora — (361) 785-3141 — Fax (361) 785.5602 #15 I NOTICE OF MEETING — 5/10/2023 15. Consider and take necessary action to authorize the grant match for the General Land Office CMP Cycle 29 grant for Bill Sanders Memorial Park be paid with GOMESA funds and authorize the County Judge 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 12 of 24 Gary D. Reese County Commissioner County of Calhoun Precinct 4 May 3, 2023 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 May 10, 2023. • Consider and take necessary action to authorize the grant match for of the General Land Office CMP Cycle 29 grant for Bill Sanders Memorial Park be paid with GOMESA funds and authorize Judge Meyer to sign all documentation. Sincerely, ��� Gary D. Reese GDR/at P.O. Box 177 —Seadrift. Texas 77983 —email: garv.reesencalhouncomore — (361) 785-3141 — Fax (361) 785-5602 I NOTICE OF MEETING -- 5/10/2023 16. Consider and take necessary action to accept the recommendation from Urban Engineering and award the bid for Calhoun County Hog Bayou Public Boat Ramp Bulkhead Improvements to Shirley & Sons Construction Co., Inc. (GDR) aze'explained the bid APPROVED Gary Reese, )ER: Joel Behrens Judge Meyer ,ed. NIMOUS] ssioner Pct 4 nissioner Pct 3 Page 13 of 24 #16 Gary D. Reese County Commissioner County of Calhoun Precinct 4 May 4, 2023 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 May 10, 2023. • Consider and take necessary action to accept recommendation from Urban Engineering and award the bid for Calhoun County Hog Bayou Public Boat Ramp Bulkhead Improvements to Shirley & Sons Construction Co.; Inc. Sincerely, Si I (31 \ Gary D. Reese GDR/at P.O. Box 177 — Seadrift. Texas 77983 — email: 8arv.reese«calhouncotx ore — (361) 785-3141 — Fax (361) 785-5602 gin e e. r i. n g May 4, 2023 The Honorable Richard H. Meyer, Calhoun County Judge Calhoun County Courthouse 211 South Ann Street, 3r1 Floor, Suite 301 Port Lavaca, TX 77979 RE: Recommendation of Award U.E. Job No. E25466.00 Calhoun County Hog Bayou Public Boat Ramp Bulkhead Improvements Calhoun County, Texas Dear Judge Meyer: On April 26, 2023 at 2:00:00 p.m., public bids were opened for the Calhoun County Hog Bayou Public Boat Ramp Bulkhead Improvements. The following bid was received: Total Bid 160, 298.00 Calendar Days to Substantial Complet 60 I recommend that the contract for the aforementioned project be awarded to Shirley & Sons Construction Co., Inc. (See attached Bid Tabulation) If you have any questions, please do not hesitate to contact me at (361) 578-9836 or by email at mglaze(a?urbanvictona. corn. Sincerely, i Matt A. Glaze, P.E. A Vice President MAG/dmf Attachment 2004 N. COMMERCE, VICTORIA, TX 77901 • 361.578.9836 • URBANVICTORIA.COM • TREF# F-160 Urban Engineering BID TABULATION CALHOUN COUNTY HOG BAYOU PUBLIC BOAT RAMP BULKHEAD IMPROVEMENTS BID OPENING, APRIL 26, 2023 Shirley 8 sons Construction Co. Inc. ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE BASE BID GENERAL 1. Mobilization, Insurance and Bonds (Maximum 10%of Base Bid) 1 LS I $ 15,000.00 $ 15.000.00 SUBTOTAL GENERAL $ 16,000.00 IMPROVEMENTS 2. Site Preparation (Including Removal & Disposal of Existing Timber Pilings, Sign, T-Posts, and Tree) 1 LS $ 20,000.00 $ 20.000.00 3. Vinyl Bulkhead (including Pilings S Tie Rods) 166 LF $ 518.00 $ 86,988.00 4. Timber Kin 27 x 10" Butt) 1 \ EA $ 400.00 $ 400.00 5. Concrete Sidewalk (T Width) 590 SF $ 49.00 $ 28.910.00 6. ISite Grading 1 LS $ 10.000.00 $ 10,000.00 SUBTOTAL IMPROVEMENTS $ 145,298.00 TOTAL BASE BID $ 160,298.00 CALENDAR DAYS TO SUBSTANTIAL COMPLETION 60 UE lob aE25466.00 Page 1 of 1 CHANGE ORDER DATE OF ISSUANCE: EFFECTIVE DATE: No. 1 OWNER: Calhoun County CONTRACTOR: Shirley & Sons Construction Co., Inc. ENGINEER: Urban Engineering CONTRACT: Construction of 166 linear feet of marine bulkhead at the Hog Bayou Public Boat Ramp in Calhoun County, Texas. PROJECT: Calhoun County Hog Bayou Public Boat Ramp Bulkhead Improvements OWNER's CONTRACT NO.: N/A ENGINEER's PROJECT NO.: E25466.00 You are directed to make the following changes in the Contract Documents: Description: Delete Bid Item #5 Concrete Sidewalk (T Width) — 590 SF @ ($49.00)/SF = ($28,910.00). Reason for Change Order. Budget Attachments: N/A CHANGE IN CONTRACT PRICE: aaaaaaaaaa Original Contract Price: $ 160,298.00 Net Increase (Decrease) from previous Change Orders No. to No. $ N/A Contract Price prior to this Change Order: $ 160,298.00 Net increase (decrease) of this Change Order: ($28,910.00) Contract Price with all approved Change Orders: $131,388.00 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order. Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) RECOMMENDED: APPROVED: ACCEPTED: By: By:By: ENGINEER (Authorized Signature) OWNER (Authorized Signature) CONTRACTOR (Authorized Signature) Date: Date: S=/o'zvz) Date: EJQDC 1910-e-e (1098 Edit" Prepared by One Engineers JoN Contract Dcwmenle Commlllea and endorsed by The Auockted General Conbaclora erAmerlce and the Consbudion Specdcatlore Indllute. E2=9.02. C"e We 0922 00940 - 1 # 17 NOTICE OF MEETING-5/10/2023 17. Consider and take necessary action to authorize $12,250 to be paid with GOMESA funds for TPWD Trails Grant Boggy Bayou. (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 24 Gary D. Reese County Commissioner County of Calhoun Precinct 4 April 27, 2023 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 May 3, 2023. • Consider and take necessary action to authorize $12,250 be paid with GOMESA funds for TPWD Trails Grant Boggy Bayou. Sincerely, Gary D. Reese GDR/at P,O. Box 177 — Seadrift, Texas 77983 — email: eam.reeser4calhouncotx ors — (361) 785-3141 — Fax (361) 785.5602 #18 I NOT -ICE OF MEE FING — 5/10/2023 18. Consider and take necessary action to authorize the Calhoun County EMS Director to sign the attached Southern Software Agreement. (RHM) 3ason Warmuth with the EMS briefly explained the software. RESULT:: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER:' David Hall, Commissioner Pd 1 AYES: Judge Meyer, Commissionef"Hall, Lyssy, Behrens, Reese Page 15 of 24 Mae Belle Cassel From: Dustin.Jenkins@calhouncotx.org (Dustin Jenkins) <Dustin.Jenkins@calhouncotx.org> Sent: Monday, May 1, 2023 11:27 AM To: Mae Belle Cassel Subject: Fwd: Southern Software Agreement Attachments: Southern Software 2023 Agreement.pdf Mae Belle, I hope you are having a great day and everything is going great! Attached you will find our Southern Software Agreement. If you could place this on the next Commissioners Court Agenda for approval to sign, it would be greatly appreciated. Scanned in the same ".pdf" document you will find the 1295 and W-9. Thanks, Dustin From: "Donna.Hall@calhouncotx.org (Donna Hall)" <Donna.Hall@calhouncotx.org> To: "Dustin Jenkins" <Dustin.Jenkins@calhouncotx.org> Date: Wed, 26 Apr 2023 08:27:11 -0500 Subject: Southern Software Agreement Good morning Dustin, I received the W-9 and 1295 Form from Southern Software. I have attached the agreement and IRS forms. Donna Donna Hall Admin Asst Calhoun Co EMS Calhoun County Texas J. Dustin Jenkins, DMin, MBA, LP Director of Emergency Medical Services 705 Henry Barber Way Calhoun County, TX dustinjenkins@calhouncotx.org (361) 571-0014 Calhoun County Texas %i SOUTHERN SOFTWARE, INC. an employee -owned company April 11, 2023 Greetings from Southern SoftwareW Everyone here at Southern Software hopes you and your families are well and have had a very blessed 2023 so far. We are committed to providing you with outstanding support services and solid software solutions. You are an important part of our Southern Software Family and we value the partnership we have with you! Enclosed you will find the 2023-2024 Annual Support Agreement(s). Please read the enclosed agreement(s), and be sure to note the highlighted areas as well as the period of coverage and the fee amount. This aareement IS NOT BILL., but intended to help you with your Budget Planning for the 2023-2024 Fiscal Year. We will invoice you one month Prior to your annual renewal date. At this time, we only ask that you review, sign and return the agreement to us stating that you have read and understand the coverage. Please return to Southern Software via email at bmcneil(cDsouthernsoftware.com. You may also return by fax at 910-695-0251 or mail to 150 Perry Drive, Southern Pines, INC 28387. We have enclosed the regional training schedule for the year and hope you will join us for the training being held in your area. Registration for the classes will be on our website. Also, the Annual Users' Conference this year will be held October 30 — November 2 at the Myrtle Beach Grande Dunes Spa & Resort in Myrtle Beach, SC. As always, we sincerely appreciate your business and look forward to working with you! If you have any questions, please call us at 1-800-842-8190. We welcome and appreciate all of your ideas and concerns. Sincerely, qoo�_ V�Kff Jennifer J. Meggs CEO Southern Software, Inc. 2023 STATE TRAINING SCHEDULE JANUAR' 101" - I IT" SOUTH CAROLINA (CHARLESTON) CHARLESTON AIRPORT PD FEBRUAW 7T" . 8T" MARCH P - 9'" MARCH 215T - 22"D APRIL 18T" -19'" MAY 16'" -17" MAY 231D - 25TH JUNE 6T"- 8'" JUNE 20T"-22"D JULY 181"- 19T" AUGUST IsT - 2ND AUGUST ISTH-17T" FLORIDA (ORLANDO) ALABAMA (MONTGOMERY) VIRGINIA (CHRISTIANSBURG) GEORGIA (TIFTON) TENNESSEE (FRANKLIN) TENNESSEE (PIGEON FORGE) NORTH CAROLINA (CLYDE) NORTH CAROLINA (ROCKY MOUNT T EXAS (VICTORIA) ARKANSAS (HOT SPRINGS) TEXAS(KAUFMAN) ADVENT HEALTH HILTON GARDEN INN MONTGOMERY CO SHERIFF'S OFFICE I..1% ewiHil wyl idm 151 WILLIAMSON PUBLIC SAFETY CENTER HILTON GARDEN INN HAYWOOD PUBLIC SAFETY CENTER NASH COMMUNITY COLLEGE VICTORIA COLLEGE HOT SPRINGS CONVENTION CENTER KAUFMAN CIVIC CENTER SOUTHERN SOFTWARE, INC. an employee -owned company SOUTHERN SOFTWAREIs ANNUAL SOFTWARE SUPPORT AGREEMENT MOBILE DATA (MDIS) 24/7 This support agreement covers 24 hours a day, seven days a week support. Problem Resolution Southern Software will provide customer support for mission critical operation of MDIS, 24 hours a day, seven days a week. This period includes holidays and weekends. This Agreement does not constitute a warranty but provides for mission critical problem resolutions at any time and non -mission critical problem resolutions of repeatable errors during normal business hours, EST. Southern Software cannot warrant the product will operate free of problems in perpetuity. Southern Software does not warrant third party software applications used in programs provided to customers, i.e., Microsoft® Word. The purpose of this Agreement is to provide the necessary technical assistance to ensure a timely problem resolution and to minimize downtime. This Agreement is not intended to provide around -the -clock assistance for problems not deemed to be operation critical. Mission critical is defined as "any problem that renders the entire system unstable or inoperable". For problems covered under this Agreement, Southern Software will provide the following: • Telephone response within five hours of notification of the problem. During this initial response, support personnel will determine the nature of the problem and severity. An attempt to resolve the problem will be made by giving instructions to the customer. • Telephone response within one hour of notification of the problem after 5:00 p.m., EST and during holidays that fall on a normal work day. During this initial response, support personnel will determine the nature of the problem and severity. An attempt to resolve the problem will be made by giving instructions to the customer If this is unsuccessful or the severity too great, then Southern Software will escalate to a Level 2 response. A Level 2 response involves a support technician connecting remotely to the customer's network using Industry standard secure remote diagnostic methods to attempt to resolve the problem. If the problem is unable to be detected or resolved with a Level 2 response, then a technician will be scheduled for an onsite visit. There is no cost to the customer forthe onsite visit as long as the problem is with a Southern Software product or equipment covered by a Southern Software support contract and as long as the problem is not due to a virus or negligent actions/treatment. The user understands support staff may provide a temporary fix. A permanent fix will be provided at a later date. Program Updates Southern Software will provide program updates to support customers as new updates, fixes and features are added. Updates will be made universally to all supported customers at one time. No custom programming will be performed. Third Party If, at any time, an update to a third party's software is required, Southern Software will not Incur the cost of such upgrade. System Administrator The customer agrees to have a designated administrator (primary contact for support and update issues). It is highly desirable that the administrator be knowledgeable in networking and Windows® operating systems. Data Backup Statement The customer understands that it is the customer's responsibility to ensure data backups are being made daily and verified for accuracy. Virus Statement The customer agrees to have virus protection software loaded on each machine and agrees to update it weekly. (Southern Software recommends updating your virus protection software on each machine daily.) This support DOES NOT cover assistance in the recovery of damage caused by viruses or ransomware. Southern Software will charge a fee for virus recovery assistance Items not covered under this annual support agreement • Installation, and. setup: of new equipment.; • Transferrinwof data:: • Moving equipment from one site to another_ • On -site installation/reinstallation of Southern Software products or instailatienlfeinstaliation of third party software products:, • Virus damage/recovery, repair work. • Recovery/repair work related to natural disasters such as lightning, floods, etc.: • Replacement of equipment that is out of warranty.. • On -site Training,; • Interfaces with third; party products. • bat. conversions • Data loss due io,drive,crashes,;machine failures, etc.. • Installation; Training.and Dat&Conversions for Software Re -architecture:. Benefits • The Software Support Agreement only covers software developed by Southern Software. • Toll -free telephone support, seven days a week, 24 hours a day including holidays. • Software Updates for Southern Software products. • Remote System Support. • Annual Users Conference. • Free hardware/network assessments for upgrades. • Free follow-up/new employee training at Southern Software's office. • Free web training. System Access/Customer Responsibility The customer agrees to provide a dedicated computer capable of remote access for support purposes. The computer designated for remote connectivity shall allow access to all computers on the network requiring support. This Annual Software Support Agreement provides coverage that begins July 22, 2023 and ends July 21. 2024. MDIS Annual Support $ 93.00 By signing this document, you are confirming that you have read and understand the terms and conditions of the annual support agreement. Important - Support Renewal Clause A lapse in support renewal will require that all outstanding support balances be paid in full prior to reinstatement of support. Support fees are non-refundab . ustomer Repr�ese alive Si;nfifure Date CALHOUN COUNTY EMS TX S, TX - (MIDIS) Name of Department NOTE: IF A PURCHASE ORDER NUMBER IS REQUIRED ON THE SUPPORT INVOICE PLEASE ENTER HERE . IF THE NUMBER IS NOT AVAILABLE ATTHIS TIME, PLEASE FAX THE PURCHASE OTO (910RDEER 695-0251 WHEN IT IS AVAILABLE. OR `CJ NO PURCHASE ORDER NUMBER WILL BE REQUIRED. Form W-9 Request for Taxpayer (Rev. October tole) Identification Number and Certification Give Form to the requester. Do not Depadment of the Trearxoy Interrrel Revenue Service ► Oo to www4m goulFormlY9 for instructions and the latest information. Send to the IRS. t Name (ash on your in//com���t,a//zre�lum�)��Name is required m this Iina; do not leave this line blank. lot. d 01—r`vYpVL /t. . 2 Business nameldisregarded entity name, It different Irom above m3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes, 4 Exemptions (codes apply only to o ,—, ❑ IndivlduaVsole proprietor or ElCCorporation 2 s/c rporelion ❑ Partnership ❑ TruaVestate certain entitles, not Individuals; see Instructions on page 3): a$ single -member LLC Exempt payee code Of anYl j; ❑ Umlted liability company. Enter the tax classification (C=C corporation, S=S corporation, P-Partnership) 0- IS 2 Note: Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check LLC it the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is Exemption from FATCA reporting o' another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise; a single -member LLC that coda Of any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. 0 y ❑ ()chef (ass lnaiNCl!one)► 6 (app6eifocaawrY,m6,leNgama•Me UaJ Address (nu bar, street, and aptor suite no.) See Instructions. Requester's name and address (optional) So err �a'v 6 City, stale, and ZIP bode e IV6 42 P 7 Ust account numbers) here (optional) Fitter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number VEIN). If you do not have a number, see How to get a TIN, later. Note; If the account is in more than one name, see the Instructions tar line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. ME 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S, person (defined below); and 4. The FATCA codes) entered on this form (f any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part 11, later. "'Y" Signature o/ Here uS.pareon► /La(i Date► Il11C1,22 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.1m.gov1FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (ITEM, adoption taxpayer identification number (ATIN), or employer identification number VEIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns Include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099.5 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be sub/echo backup withholding. See What Is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10.2018) CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1.4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos. 1.2. 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023.1011527 Southern Software, Inc. Southern Pines, NC united States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/25/2023 being filed. Calhoun County, TX Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 042523 Software Support Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there Is NO Interested Party. ❑ X 6 UNSWORN DECI�IT:fi'rfOhl My name is ✓O 44 F0 and my dale of birth is My address is _ - _. _ _ - _. - ._.• (street) (CRY) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in / r lfafrL County, State ofon the ,r day of_.20-&—. (month) (year) 7�"' Signature of authorized agent at contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.bt.us Version V3.5.1.711od706d4 #19 NOTICE OF MEETING.- 5/1.0/2023 19. Consider and take necessary action to approve the contract between Calhoun County and MidTex Materials and authorize the County Judge to sign all necessary documents. MidTex Materials was awarded the Bid for Fly Ash — Road Materials, Bid Number 2023.06 for the period May 10, 2023 through December 31, 2023. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 16 of 24 Mae Belle Cassel From: demi.cabrera@calhouncotx.org (demi.cabrera) <demi.cabrera@calhouncotx.org> Sent: Wednesday, May 3, 2023 1:22 PM To: MaeBelle.Cassel@calhouncotx.org Subject: Agenda Item - May 10, 2023 MaeBelle, Can you please put the following item on court on May 10, 2023. • Consider and take necessary action to approve the contract between Calhoun County and MidTex Materials and authorize the County Judge to sign all necessary documents. MidTex Materials was awarded the Bid for Fly Ash — Road Materials, Bid Number 2023.06 for periods May 10, 2023 through December 31, 2023. Thank you, YV mi Cabr¢ra Calhoun Countg -9mM,-tanfi auditor 361-553 4673 361-553-4614 (fax) Calhoun County Texas CONTRACT THIS CONTRACT, made and entered into this day of ✓l j y 20 J�`a' by, and between the County of Calhoun hereinafter ( called "County") and (hereinafter called "Contractor/Hauler"). WITNESSETH: WHEREAS, the Contractor/Hauler did on April 25, 2023 submit a BID for FLY ASH . ROAD MATERIAL, Bid Number 2023.06 to be used by County Precincts in Calhoun County, Texas, NOW, THEREFORE, in consideration of the following mutual agreement and covenant, it is understood and agreed by and between the parties hereto as follows: a) The Contractor/Hauler is hereby granted the sole and exclusive right and privilege within the territorial jurisdiction of the County and shall furnish all personnel, labor, equipment, trucks, and all other items necessary to perform all of the work and to deliver the Road Materials as described in the Contract Documents. b) The Contract Documents shall include the following documents, and this Contract does hereby expressly incorporate same herein as if fully set forth verbatim in this Contract: i. Invitation to Bid, Instructions and Term of Contract; ii. General Conditions; iii. Bid Specifications and Conditions; IV. Bid Form; V. This instrument; and vi. Any addenda or changes to the foregoing documents agreed to by the parties hereto. c) All provisions of the Contract Documents shall be strictly complied with and conformed to by the Contractor/Hauler, and no amendment to this Contract shall be made except upon the written consent of the parties and approved by Calhoun County Commissioners Court. No amendment shall be construed to release either party from any obligation of the Contract Documents except as specifically provided for in such amendment. INITIALS OF AWARDED CONTRACT /HAULER (IN INK): (r DATE: r „ice -?, j INITIALS OF COUNTY (IN INK): DATE: 6 -i'1- w`v3 d) This contract is entered into subject to the following conditions: 1) The Contractor/Hauler shall procure and keep in full force and effect throughout the term of this Contract all of the insurance policies specified in, and required by, the Contract Documents. 2) The Contractor/Hauler shall not be liable for the failure to wholly perform his duties if such failure is caused by force majeure. "Force Majeure" means a delay encountered bythe Contractor/Hauler in the performance of its obligations under this Contract which is caused by an event beyond the reasonable control of the Contractor/Hauler. Without limiting the generality of the foregoing, "Force Majeure" shall include, but not restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. Any event constituting a Force Majeure must be reported by the Contractor/Hauler to the County in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. 3) The Contractor/Hauler, when required, must deliver all materials ordered by the County within twenty-four (24) hours from the time of the order or the date and time specified by the County. In the event the Contractor/Hauler is unable to deliver the material(s) ordered within twenty-four (24) hours from the time of the order or the date and time specified by the, County, the County reserves the right to cancel the order and re -order the said material(s) from the vendor which submitted the next lowest bid and can deliver within twenty-four (24) hours or the date and time specified by the County. 4) In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of any Contract Document shall not affect the validity or enforceability of any other provision or portion of the Contract Documents. INITIALS OF AWARDED CONTRACT /HAULER (IN INK): LIB j DATE: INITIALS OF COUNTY (IN INK): DATE: 57-1a zj IN WITNESS WHEREOF, THE COUNTY AND CONTRACTOR/HAULER, have caused this Contract to be executed by their authorized agents in one original. Additional copies of the original executed Contract will be distributed to all appropriate parties. The effective date of this Contract will begin on May 10, 2023 and end on December 31, 2023, COUNTY: CALHOUN COUNTY By: e Honorable Richard H. Calhoun County Judge Calhoun County Courthouse 211 S Ann Street 3rd Floor, Suite 301 Port Lavaca TX 77979 CONTRACTOR/HAULER: l'''l ,} is c > ,°,eij(LS LZL Print Name: _2! 1t x'� A.sar Title: l7dilt%�.� g Address: fUL- oc 15% ATTEST: CALHOUN COUNTY CLERK ANNA GOODMAN By:V� d jA 9ni. Ni rh Axulot_ CERTIFICATE OF INTERESTED PARTIES FoRm 1295 1of1 Complete Nos. 1 -4 and 6 if there are interested parties. Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERT CERTIF 1 Name o4 business entity Oiling form, and the city, state and country of the business entity's place ertiffl aYelNumbla;N OF FILING of business. Midtex Materials LLC 202Data3.1015858 FAYETTEVILLE, TX United States ? Name of governmental Date Filed: entity or stage agency that is a party to 4he contract for wh ch 4he orm is 05/03/2D23 being filed. Calhoun County, Texas Date Acknowledged: Provide the identification number used by the governmental entity or state agency 4o track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 2023.06 Fly Ash - Road Material, Bid Number 2023.06 Name of Interested Pan Nature of laah Y City, State, Country (place of business) (check 9aollcah Midtex Materials, LLC Check only if there is NO Interested Party. Fayetteville, TX United States I X UNSVyDRN DECLARATION My name is 4��IJJf x SC&xy9 ; and my date of birth is My address is, (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in --1 d iy` f County, State of E' e25 , on the day of k4C 20 ,).3 /I (mon h) (year) Signature of authorized agent of contracting business entity (Declarant) A� ®® CERTIFICATE ®F LIABILITY INSURANCE (MMIDD DATE/3/2023 TY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ANCO Insurance PO Box 3889 Bryan TX 77805 CONTACT NAME: PHONE 979-776-2626 FAX Nc: 979-774-5372 AAIL DDRESS: ancocentral@anco.com INSURERS) AFFORDING COVERAGE NAICk INSURER A: Acuity A Mutual Insurance Comp 14164 INSURED MID-MAT-01 Mid -Tex Materials LLC INSURER B: Texas Mutual Insurance Company 22945 K3 Transport LLC INSURER C: INSURER D: PO Box 187 Fayetteville TX 78940 INSURER E: NSURER F : COVERAGES CERTIFICATE NUMBER: 939294906 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDLSUBR POLICYNUMBER POLICYEFF MMIDD/Y1'YY POLICY EXP MMIDDIYYVY LIMITS A X COMMERCIALGENERAL LIABILITY CLAIMS -MADE OCCUR ZQ0831 2/5/2023 2/5/2024 EACH OCCURRENCE $1,000,000 A ET RENTEO PREMISES Eaoccurrence $250,000 MED EXP(Any one person) $10,000 PERSONAL B ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLI ES PER: POLICY D PRO- ECT ❑ LOG OTHER: GENERALAGGREGATE $3,000,000 PRODUCTS-COMP/OP AGO $3,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS HIRED NON OWNED AUTOS ONLY AUTOS ONLY ZQ0831 2/5/2023 2/5/2024 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Par person) It BODILY INJURY Per accident ( ) $ PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ZQ0831 2/5/2023 215/2024 EACH OCCURRENCE $3,000,000 rl AGGREGATE $ 3,000,000 DEp X RETENTION$ 1n Cnn $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNEWEXECUTIVE ❑ OFFICERIMEMBEREXCLUDED7 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS be. N/A 0001208761 2/612023' 2/6/2024 X I STATUTE ERH E.L. EACH ACCIDENT $1.000.000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 A Equipment Floater Motor Truck Cargo ZQ0831 2/5/2023 2/5/2024 Equipment Floater Motor Tmck Cargo $46,442 $102,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) See attached Endorsement Forms: CG-2033(6-13); CG-7277; CG-7301 (12-19) CA-7214 (10-98); CA-7247(10-16); WC420304B Calhoun County, TX 202 South Ann street, SteB Port Lavaca TX 77979 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CONTRACT THIS CONTRACT, made and entered into this -1�1- day of y 20--�13 by, Y and between the County of Calhoun (hereinafter called "County") and /I7,L, %rx LLc. (hereinafter called "Contractor/Hauler"). WITNESSETH: WHEREAS, the Contractor/Hauler did on April 25, 2023 submit a BID for FLY ASH - ROAD MATERIAL, Bid Number 2023.06 to be used by County Precincts in Calhoun County, Texas. NOW, THEREFORE, in consideration of the following mutual agreement and covenant, it is understood and agreed by and between the parties hereto as follows: a) The Contractor/Hauler is hereby granted the sole and exclusive right and privilege within the territorial jurisdiction of the County and shall furnish all personnel, labor, equipment, trucks, and all other items necessary to perform all of the work and to deliver the Road Materials as described in the Contract Documents. b) The Contract Documents shall include the following documents, and this Contract does hereby expressly incorporate same herein as if fully set forth verbatim in this Contract: 1. Invitation to Bid, Instructions and Term of Contract; ii. General Conditions; III. Bid Specifications and Conditions; IV. Bid Form; V. This instrument; and vi. Any addenda or changes to the foregoing documents agreed to by the parties hereto. c) All provisions of the Contract Documents shall be strictly complied with and conformed to by the Contractor/Hauler, and no amendment to this Contract shall be made except upon the written consent of the parties and approved by Calhoun County Commissioners Court. No amendment shall be construed to release either party from any obligation of the Contract Documents except as specifically provided for in such amendment. INITIALS OF AWARDED CONTRACTOR/HAULER (IN INK): r DATE: INITIALS OF COUNTY (IN INK): DATE: d) This contract is entered into subject to the following conditions: 1) The Contractor/Hauler shall procure and keep in full force and effect throughout the term of this Contract all of the insurance policies specified in, and required by, the Contract Documents. 2) The Contractor/Hauler shall not be liable for the failure to wholly perform his duties if such failure is caused by force majeure. "Force Majeure" means a delay encountered by the Contractor/Hauler in the performance of its obligations under this Contract which is caused by an event beyond the reasonable control of the Contractor/Hauler. Without limiting the generality of the foregoing, "Force Majeure" shall include, but not restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. Any event constituting a Force Majeure must be reported by the Contractor/Hauler to the County in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. 3) The Contractor/Hauler, when required, must deliver all materials ordered by the County within twenty-four (24) hours from the time of the order or the date and time specified by the County. In the event the Contractor/Hauler is unable to deliver the material(s) ordered within twenty-four (24) hours from the time of the order or the date and time specified by the County, the County reserves the right to cancel the order and re -order the said material(s) from the vendor which submitted the next lowest bid and can deliver within twenty-four (24) hours or the date and time specified by the County. 4) In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of any Contract Document shall not affect the validity or enforceability of any other provision or portion of the Contract Documents. INITIALS OF AWARDED CONTRACTOR/HAULER (IN INK): G'S DATE: INITIALS OF COUNTY (IN INK); DATE: IN WITNESS WHEREOF, THE COUNTY AND CONTRACTOR/HAULER, have caused this Contract to be executed by their authorized agents in one original. Additional copies of the original executed Contract will be distributed to all appropriate parties. The effective date of this Contract will begin on May 10, 2023 and end on December 31, 2023, COUNTY: CALHOUN COUNTY By: ` Honorable Richard H. Mey Calhoun County Judge Calhoun County Courthouse 211 S Ann Street 3rd Floor, Suite 301 Port Lavaca TX 77979 CONTRACTOR/HAULER: By:`A,A`"r �— - Print Name: Title: - !•"9d-'1'ft,t_ g 2. Address: t1t- oc;C. /I` 7 ATTEST: CALHOUN COUNTY CLERK ANNAGOODMAN Titl ..ter r rrrvn I c vt- nv I tKt51 ED PARTIES FORM 1295 l of l Complete Nos. 1. 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name in business entity tiling form, and the city, state and country of the business entity's place Certificate Number: If business. Midtex Materials LLC 2023-1015858 FAYETTEVILLE, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/03/2023 being tiled. Calhoun County, Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be pro ad under the contract. 2023.06 Fly Ash - Road Material, Bid Number 2023.06 4 Nature of interest Name of Interested Party City, State, Country (place of business) (cheek applicable) Controlling Intermediary Midtex Materials, LLC Fayetteville, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is 4"�kx sgnl jfj/j and my date of birth is My address is, /* . _ `V �y'6 (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct, hs s! Executed in /-2... -County, of State on the day of 4 20,�3, (month) (year) Signature of authorized agent of contracting business entity (Declarant) :orms provided by Texas Ethics Commission unnnu athirc ts.e .- version V3.5.1.7bd70W CERTIFICATE OF LIABILITY INSURANCE DAT2/3/2023YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN. THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ANCO Insurance PO Box 3889 Bryan TX 77805 CONTACT NAME: PH ONEo. ,979-778-2626 FAX No:979-774-5372 E-MAILADDRESS: ancocentral@anco.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: Acuity A Mutual Insurance Comp 14184 INSURED MID.MAT41 Mid -Tex Materials LLC INSURERS: Texas Mutual Insurance Company 22945 K3 Transport LLC INSURERC: INSURERD: PO Box 187 Fayetteville TX 78940 INSURERS: INSURER F : COVERAGES CERTIFICATE NUMBER: 939294906 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPEOFINSURANCE ADDL INSO SUER MID POLICY NUMBER POLICY EFF IMMIDDIYYYY1 POLICY EXP (MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMSMAOE a OCCUR Z00831 2/5/2023 2/5/2024 EACHOCCURRENCE $1,000.000 PREMISES Ea accu arcs $250,000 MED EXP (Any one person) _ $10.000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PELT LOC OTHER: GENERALAGGREGATE $3,000.000 PRODUCTS-COMP/OP AGO $3.000,000 S A ROMOBILELIABILITY ANY AUTO OWNEDONLY X AUTOS SACHEOULEO UTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY ZQ0831 2/5/2023 2/5/2024 COMBINED SINGLE LIMIT Ea acciden! $1,000,000 BODILY INJURY(Per person) S BODILY INJURY ( Per accident) denl 5 PROPERTY DAMAGE Per accident $ 5 A X UMBRELLALIAB X EXCESS LIAR OCCUR CLAIMS-MAOE ZQ0831 2/512023 7/5/2024 EACH OCCURRENCE 33,000,000 AGGREGATE S3,000,000 DED I X_1 RETENTIONS s B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBEREXCLUDEDI (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS below NIA 0001208761 2/6/2023 2/6/2024 X STATUTE ER E.L. EACH ACCIDENT $1.000,000 E.L. DISEASE -EA EMPLOYEE S1,000,000 E.L. DISEASE -POLICY LIMIT SI=0,000 A Equipment Floater Motor Truck Cargo 2Q0831 2/5/2023 2/5/2024 Equipment Floater Motor Tmck Cargo $46,442 $102,600 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space to required) See attached Endorsement Forms: CG-2033(6.13); CG-7277; CG-7301 (12-19) CA-7214 (10-98); CA-7247(10-16); WC420304B Calhoun County, TX 202 South Ann street, SteB Port Lavaca TX 77979 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD # zo ' NOTICE OF MEETING -- 5/10/2.023 20. Consider and take necessary action to approve the contracts between Calhoun County and Rain King, Inc. and Calhoun County and Port Enterprises and authorize the County Judge to sign all necessary documents. Rain King was awarded the Roof Recover of the Calhoun County Agriculture Building and Port Enterprises was awarded the Roof Recover of the Calhoun County Courthouse Annex II Building and the Calhoun County Seadrift Public Library. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 17 of 24 Mae Belle Cassel From: demi.cabrera@calhouncotx.org (demi.cabrera) <demi.cabrera@calhouncotx.org> Sent: Wednesday, May 3, 2023 12:32 PM To: MaeBelle.Cassel@calhouncotx.org Cc: jamesrobbins@amtechsls.com; 'Rick Cantu'; 'Jonathan Parker'; 'everett wood'; cindy.mueller@calhouncotx.org Subject: Agenda Item - Court May 10, 2023 Good Afternoon MaeBelle, Can you please put the following item on the agenda for Commissioners Court May 10, 2023: Consider and take necessary action to approve the contracts between Calhoun County and Rain King, Inc. and Calhoun County and Port Enterprises and authorize the County Judge to sign all necessary documents. Rain King was awarded the Roof Recover of The Calhoun County Agriculture Building and Port Enterprises was awarded the Roof Recover of The Calhoun County Courthouse Annex II Building and the Calhoun County Seadrift Public Library. Thank you, fl¢mi Cabrrzra Calhoun COuntg a.,6iMdr)1 auditor 361-553-4613 361-553-4614 (fag) Calhoun County Texas AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the �YifOay of in the year 2023, by and between CALHOUN COUNTY (hereinafter called OW R) and RAIN KING, INC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: .01 THE WORK: CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: CALHOUN COUNTY ROOF RECOVER OF ONE (1) COUNTY BUILDING: THE CALHOUN COUNTY AGRICULTURE BUILDING The work is generally described as a roof recover at one (1) building in Calhoun County to include single ply overlay roofing systems. Raising of powered and non -powered mechanical equipment, replacement of non -mechanical vents and flashing systems. New sheet metal flashing and sheet metal edge terminations. Provide the owner with a WPI-8 certificate of windstorm compliance. The work is more particularly described in the Summary and Technical Specification sections of this project manual and shall include all general construction, roof repairs, mechanical and electrical modifications, and other work as indicated in the Project Manual. .02 ARCHITECT: The Project has been designed by Amtech Solutions, Inc., 4444 Corona Dr., Suite 207, Corpus Christi, Texas 78411, who is hereinafter called ARCHITECT and who will assume all duties and responsibilities and will have the rights and authority assigned to ARCHITECT in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. .03 CONTRACT TIMES: a. Calendar Days The Work shall be complete and ready for final payment in accordance with number 2. Contract Time on the Bid Form within Forty (40) Calendar Days from date established in Notice to Proceed issued by the ARCHITECT. b. Rain Days CONTRACTOR may be allowed an adjustment to the CONTRACT Times for "rain days", which are defined as follows. Any day(s) in which rainfall occurs prior to 12:00 p.m. (noon), of such quantity that, in the opinion of OWNER's representative, would prevent a safe working environment for CONTRACTOR at the construction site. 2. Any day(s) following the above described "rain day(s)" in which the condition of the construction site, in the opinion of OWNER's representative, is not conducive to providing CONTRACTOR with a safe working environment at the site. OWNER shall only consider an adjustment in Contract Times if CONTRACTOR submits a written request for "rain days" to OWNER's representative for review, by 10:00 a.m. on the Monday following the week in which the day(s) occurred. Failure to submit such a written request shall be a representation by CONTRACTOR that additional days are not warranted. OWNEWs representative shall review all requests when submitted and will have final on site determination for "rain days". Disagreements between CONTRACTOR and OWNER's representative shall be submitted to OWNER. C. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph .03.a above, plus any extensions thereof allowed in accordance with B.01.02 Definitions - Contract Time of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that, as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER SIX HUNDRED AND FIFTY DOLLARS ($650.00) for each day that expires after the time specified in paragraph .03.a. This compensation shall be deducted from the retainage held by the OWNER. CONTRACTOR hereby agrees that said sum per day is a fair estimate of the pecuniary damages which will be sustained by OWNER in the event that the Work is not complete within the agreed time, or within extensions of time properly granted in accordance with the Contract Documents. Said sum shall be considered as liquidated damages only and not a penalty, said damage being caused by loss of timely use of the Work other injury difficult to quantify. For purposes of applying this liquidated damages clause, the CONTRACTOR agrees to waive as against the OWNER any defense to enforcement of said clause based on any of the following claims: (1) that the clause is a penalty; (2) that the daily amount stated in the clause is not a reasonable estimate and approximation as of the time of contracting of OWNER's actual damages; (3) that the damages caused to OWNER by reason of delay were not difficult to estimate at the time of contracting. .04 CONTRACT PRICE: OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as per CONTRACTOR's bid which forms a part of this contract. In no event shall the amounts payable pursuant to this Contract exceed $208,144.00 (Two Hundred Eight Thousand One Hundred Forty -Four Dollars and no cents) for the Calhoun County Agricultural Building, plus the amount of any duly authorized change orders or contract amendments executed by OWNER. .05 PAYMENT PROCEDURE: CONTRACTOR shall submit Applications for Payment in accordance with 13.09.04 Progress Payments to the Contractor in the General Conditions unless otherwise amended by the Contract Documents. Applications for Payment shall also include all required documentation indicated in Division I - General Requirements, Section 01025 of these Specifications. ENGINEER shall process Applications as provided in the General Conditions. a. Progress Payments OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER and as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Article 2 of the General Conditions. Progress payments will be in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold in accordance with Paragraph 14.02.13.5 of the General Conditions. A. 90% of the Work completed (with the balance being retainage) B. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in Paragraph 14.02.A.I of the General Conditions). 2. Request for Payments All requests for payments shall be divided into materials costs and labor/equipment costs. All requests for material payment shall be accompanied by CONTRACTOR's paid invoice for the material in accordance with Article 14.02.A.1 of the General Conditions. b. Final Payment Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph. .06 CONTRACTOR's REPRESENTATIONS: In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: a. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 7 herein) and the other related data identified in the Bidding Documents including "technical data." b. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. d. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in the Supplementary Conditions to the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.02.A of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. f. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. g. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing and performing of the Work. .07 CONTRACT DOCUMENTS: The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR shall include the following documents, and these Contract Documents do hereby expressly incorporate same as if fully set forth verbatim in this Contract Agreement: a. This Agreement; b. Performance Bond; C. Payment Bond; d. Other Bonds e. General Conditions; f. Supplementary Conditions; g. General Conditions Calhoun County Texas; h. Specifications; i. Drawings; j. Addenda, if any; d. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, the parties hereto have signed this Agreement to be executed by their duly authorized officials in one original. Additional copies of the original executed Agreement will be distributed to all appropriate parties. OWNER: ADDRESS: 211 S. Ann, Suite 301 Port Lavaca, Texas 77979 PHONE: (361) 553-4600 FAX: (361) 553-4444 CONTRACTOR: i t rk n.., ltv(. BY: awmmml NAME/TITLE T ea- CAL,' � f o 5 obel i ATTEST: TITLE: K ` ADDRESS: Z 0 0 6 b91-- J' 7-7101 PHONE: 3 61- S? b" 0 6 e 6 FAx: 3 6 1 - S -7 6- 2. 0 b I � —I ® A`ORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD)YYYY) 4/10r2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER IBTX Risk Services 32335 US Hwy 281 N., Suite #102 Bulverde TX 78163 NAME cr Alba Enamorado PHONE FAX . 214-4ss-7100 ac Np:210-ss6•sala E-MAa ADDRESS: SerVICa ll-N-COM INSURERS AFFORDING COVERAGE NAIL# INSURERA: Im erium Insurance Company HIIG 35408 INSURED RNNXNAn INSURERS: Texas Mutual Insurance Company _ 22945 Rain King Inc. PO Box192 I NSURERC: -- Victoria TX 77902 INSURERD: INSURERS: INSURERF: COVFRAOFS CFRTIFICATF NIIMRFR-1ARn3P11RO REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTp TYPE OF INSURANCE BR POUCYNUMBER POLICY EFF MMIDOIYYYY POLICY EXP MMmO LIMITS A X I COMMERCWLGENERALLIABILITY COWIC-GL-0000112-00 12/31/2022 12/31/2023 EACHOCCURRENCE $1,000,000 CLAIM&MADE M OCCUR PREMISES Ea occurtence $100,000 X MED EXP (My one person) $ 5,000 Conyacluel Uab X XCU PERSONAL S ADVINJURY S110001000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $2,000,000 PRODUCTS -COMPIOP AGO S2,OOD,000 POLICY [K]jECT LOC S OTHER: A AUTOMOBILE LIABILITY CONdic-CA-0000330-00 12131/2022 12/31/2023 �aaINNEaD1SINGLE LIMIT S1,000,000 BODILY INJURY (Per person) $ X ANYAUTO OWNED SCHEDULED BODILYINJURY(Per accidenn S AUTOS ONLY AUT03 X A HIRTES ONLY X AUN SONLNO"WNEOY IP.rraccdd.tDAMAGE $ $ A X UMERELLALIAB X OCCUR CON.IIC-CX-0000102-00 12/3112022 1PJ31/2023 EACHOCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAR CLAIMS -MADE DED RETENTIONS $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNEWEXECUfIVE YIN OFFICERIMEMSEREXCLUDEDi (Mandatory in NH) NIA 0002087248 12/31/2022 12/31/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE:1,000,000 E.L. DISEASE - POLICY LIMIT $7,000,000 If yyec, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD IDI, AddlBonal Remarks Schedule, may he adached Unnare space is required) The General Liability and Auto policies Include blanket additional insured endorsements (CG201010/01, CG203710101, CG203712119, IICCA3301 04113) as required in a written contract with the Named Insured. The General Liability, Auto & Work Comp policies include a blanket waiver of subrogation endorsements (CGHIIG2022 06/14, IICCA3301 04113, WC420304B) as required in a written contract with the Named Insured, Primary Noncontributory wording per attached endorsements (CG2001 12119, CA0449 11/16). Cancellation provisions -see attached (HIIGILD103 06/20). Umbrella is follow form of the General Liability, Auto and Work Compensation policies subject to policy tens and cond0lons. Certificate Holders Continued: Calhoun County, G&W Engineers and Amtech Solutions. RE: Calhoun County Agricultural building, Calhoun County *"Certificate Holders Continued" 211 S Ann St. Part Lavaca, TX 77979 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CORPORATION. All riahts reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD MERCHANTS BONDING COMPANY.,, MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 Performance Bond Bond No. TXC6I5255 CONTRACTOR: SURETY: (Name, legal stalas and address) (Name, legal status and principal place Rain Icing, Inc. o business) 2006 Delmar erchants Bonding Company (Mutual) Victoria, Texas 77901 6700 WestownParkway, West Des Moines, Iowa 50266 OWNER: (Name, legal status and address) Calhoun County 211 S Ann, Suite 301 Port Lavaca, TX 77979 CONSTRICTION CONTRACT This document has Important legal consequences. Consultation wilh -' an attorney is encouraged with Amount: Two Hundred Eight Thousand One Hundred Forty Four & 00/100 ($208, I44,00) respect to its completion or modification. Description: Any singular reference to (Name and location) Contractor, Surety, Owner or Calhoun CountyRoof Recover of One 1 County Building: The Calhoun County Agriculture () tY g IY Bn other party shall be considered ' plural where applicable. Building -311 Henry Barber Way, Port Lavaca, Texas 77979 This document combines two BOND .. separate bonds, a Performance _ Date +. " : r ." nF 2023 ' ; ' ` Bond and a Payment Bond, Into (Not earlier than Consavnction Contract Date) one form. This Is not a single combined Performance and Payment Bond, Amount: Two Hundred Eight Thousand One Hundred Forty Four & 00/100 ($208,144.00) ' Ha COMA ;.pSyPe?q�.gti. Modifications to this Bond: N None ❑ See Section 16 •.y -o- 0 :V 3 CONTRACTOR AS PRINCIPAL SURETY •n: 1933 •.d`.� ............•.'\� ' Company: (Colporale Seal) Company: (Corporate Se41).......... Rain King, Inc. Merchants B in Comp Signature; Signature: Name Jared C/ in U I, Name Tri ' alolong and Title: President and Title: Attorney -In -Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY— Name, address and lelephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Higginbotham Insurance Agency Amteeh Solutions Inc. 500 N. Shoreline Blvd., Suite 1200 James Robbins, Corpus Christi Branch Manager Corpus Christi, TX 78401 4444 Corona Drive, Ste 207 361-883-1711 Corpus Christi, TX 78411 361-299-0000 Printed in cooperation with American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312-Performance Bond-2010 edition. CON 0656 (2115) § I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successes and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bend, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obiligation under this Bond shall arise after .I the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with lire notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety front its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3. the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract: § 5.2 Undertake to perform and complete the Construction Contract itself through its agents or independent contractors: § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .l After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4 and the Owner refuses the payment orthe Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. CON 0656 (2115) § 7 If the Surety elects to act under Section 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor order the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract: .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5: and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond § 9 The Suety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. - § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. CON 0656 (2/15) § lb Modifications to this bond are as follows: (Space is• provided below for additional signatures ofadded parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (CoipotateSeal) Signature: _ Name and Title: Address: CON 0656 (2/15) Signature:_ Name and Title: Address: MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES. IOWA 50306.3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 Payment Bond Bond No. TXC615255 CONTRACTOR: SURETY: (Nance, legal status and address) (Nance, legal status and print/pal place Rain King, Inc. of business) 2006 Delmar Merchants Bonding Company (Mutual) Victoria, Texas 77901 6700 Westown Parkway, West Des Moines, Iowa 50266 OWNER: (Name, legal status and address) Calhoun County 211 S Ann, Suite 301 Port Lavaca, TX 77979 CONSTRUCTION CONTRACT This document has important legal Date:! . € 2023 consequences. Consultation with an attorney is encouraged with Amount: Two Hundred Eight Thousand One Hundred Forty Four & 00/100 ($208,144.00) respect to Ica completion or modification. Description: Any singular reference to (Nance and location) Contractor, Surely, Owner or other party shall be considered Calhoun County Roof Recover of One (1) County Building: The Calhoun County Agriculture plural where applicable. Building - 311 Henry Barber Way, Port Lavaca, Texas 77979 This document combines two BOND separate bonds, a Performance Date a., .>ef, �+ r r<. 2023 ��y 'i Bond and a Payment Bond, into (Not earlier than Construction Conn; c'1 Date) one form. This is not a single combined Performance and Payment Bond. Amount: Two Hundred Eight Thousand One Hundred Forty Four & 00/100 ($208,144.00) • o�O�Nfi Opj�A 4 y ro •. PPOq �q�.. Modifications to this Bond: ® None ❑ See Section 18 ; z ieGO ��y' CONTRACTOR AS PRINCIPAL SURETY ••.......•-'\^d Company: (Coiporale Seal) Company: (Corporate SealJ•••.• .. Rain King, In Matcha on ing Company Signature: ,-ri' Signature Name Jare ain Name a Balolong and Title: eside and Title: Attorney -In -Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other parry:) Higginbotham Insurance Agency Amtech Solutions Inc. 500 N. Shoreline Blvd., Suite 1200 James Robbins, Corpus Christi Branch Manager Corpus Christi, TX 78401 4444 Corona Drive, Ste 207 361-883-1711 Corpus Christi, TX 78411 361-299-0000 Printed in cooperation with American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312-Payment Bond-2010 edition. CON 0656 (2/15) § I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrates, successors and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any'person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3., the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and •2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed: and § 7.2 Pay or arrange for payment of any undisputed amounts § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sons found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. CON 0656 (2l15) § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2. or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract: .4 a brief description of the labor, materials or equipment furnished: .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract: .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim: .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. CON 0656 (2115) § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contractor to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows (Space is provided below for additional signann•es of added parties, other than those appearing on the covet -page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: _ Name and Title: Address: CON 0666 (2115) Name and Title: Address: MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) • P.O. BOX 14498 • DES MOINES, IOWA 50306.3498 PHONE: (800) 678-8171 • FAX: (515) 243-3854 ADDENDUM TO BOND This Addendum is in reference to the bond(s) to which it is attached. Merchants Bonding Company (Mutual) ("Merchants") deems the digital or electronic image of Merchants' corporate seal below affixed to the bond(s) to the same extent as if a raised corporate seal was physically stamped or impressed upon the bond(s). The digital or electronic seal below shall have the same force and effect as though manually fixed to the bond(s). All terms of the bond(s) remain the same. Signed and effective March 23, 2020. MERCHANTS BONDING COMPANY (MUTUAL) .ap\(1POq NC,COgjA•. •O; 9 y, 1933 i e: .......l1ac: By: Larry Taylor, President CERTIFICATE OF INTERESTED PARTIES FoRm 1295 1of1 Complete Nos. l - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parses. CERTIFICATION OF FILING Certificate Number: i Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-1008504 Rain King, Inc. Victoria, TX United States Date Filed: 04/18/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 2023 Roof recover of Ag building. 4 Name of Interested Party - City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑x 6 UNSWORN DECLARATION My name is Jared Cain and my date of birth is _ , My address is Victoria , TX 77901 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Victoria County, State of Texas , on the 18 day of April 20 23 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the � day of in the year 2023, by and between CALHOUN COUNTY (hereinafter called OWN R) and PORT ENTERPRISES, LTD (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: .01 THE WORK: CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: CALHOUN COUNTY ROOF RECOVERS OF TWO (2) COUNTY BUILDINGS: THE CALHOUN COUNTY COURTHOUSE ANNEX II THE CALHOUN COUNTY SEADRIFT PUBLIC LIBRARY The work is generally described as roof recovers at two (2) buildings in Calhoun County to include single ply overlay roofing systems with additional tapered insulations. Raising of powered and non -powered mechanical equipment, replacement of non -mechanical vents and flashing systems. New sheet metal flashing and sheet metal edge terminations. Provide the owner with a WPI-8 certificate of windstorm compliance. The work is more particularly described in the Summary and Technical Specification sections of this project manual and shall include all general construction, roof repairs, mechanical and electrical modifications, and other work as indicated in the Project Manual. .02 ARCHITECT: The Project has been designed by Amtech Solutions, Inc., 4444 Corona Dr., Suite 207, Corpus Christi, Texas 78411, who is hereinafter called ARCHITECT and who will assume all duties and responsibilities and will have the rights and authority assigned to ARCHITECT in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. .03 CONTRACT TIMES: a. Calendar Days The Work shall be complete and ready for final payment in accordance with number 2. Contract Time on the Bid Form within Ninety (90) Calendar Days from date established in Notice to Proceed issued by the ARCHITECT. b. Rain Days CONTRACTOR may be allowed an adjustment to the CONTRACT Times for "rain days", which are defined as follows. 1. Any day(s) in which rainfall occurs prior to 12:00 p.m. (noon), of such quantity that, in the opinion of OWNER's representative, would prevent a safe working environment for CONTRACTOR at the construction site. 2. Any day(s) following the above described "rain day(s)" in which the condition of the construction site, in the opinion of OWNER's representative, is not conducive to providing CONTRACTOR with a safe working environment at the site. OWNER shall only consider an adjustment in Contract Times if CONTRACTOR submits a written request for "rain days" to OWNER's representative for review, by 10:00 a.m. on the Monday following the week in which the day(s) occurred. Failure to submit such a written request shall be a representation by CONTRACTOR that additional days are not warranted. OWNER's representative shall review all requests when submitted and will have final on site determination for "rain days". Disagreements between CONTRACTOR and OWNER's representative shall be submitted to OWNER. C. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph .03.a above, plus any extensions thereof allowed in accordance with B.01.02 Definitions - Contract Time of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that, as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER SIX HUNDRED AND FIFTY DOLLARS ($650.00) for each day that expires after the time specified in paragraph .03.a. This compensation shall be deducted from the retainage held by the OWNER. CONTRACTOR hereby agrees that said sum per day is a fair estimate of the pecuniary damages which will be sustained by OWNER in the event that the Work is not complete within the agreed time, or within extensions of time properly granted in accordance with the Contract Documents. Said sum shall be considered as liquidated damages only and not a penalty, said damage being caused by loss of timely use of the Work other injury difficult to quantify. For purposes of applying these liquidated damages clause, the CONTRACTOR agrees to waive as against the OWNER any defense to enforcement of said clause based on any of the following claims: (1) that the clause is a penalty; (2) that the daily amount stated in the clause is not a reasonable estimate and approximation as of the time of contracting of OWNER's actual damages; (3) that the damages caused to OWNER by reason of delay were not difficult to estimate at the time of contracting. .04 CONTRACT PRICE: OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as per CONTRACTOR's bid which forms a part of this contract. In no event shall the amounts payable pursuant to this Contract exceed $125,065.00 (One Hundred Twenty -Five Thousand Sixty -Five Dollars and no cents) for the Calhoun County Courthouse Annex II and $254,286.00 (Two Hundred Fifty - Four Thousand Two Hundred Eighty -Six Dollars and no cents) for the Calhoun County Seadrift Public Library, plus the amount of any duly authorized change orders or contract amendments executed by OWNER. .05 PAYMENT PROCEDURE: CONTRACTOR shall submit Applications for Payment in accordance with B.09.04 Progress Payments to the Contractor in the General Conditions unless otherwise amended by the Contract Documents. Applications for Payment shall also include all required documentation indicated in Division 1 - General Requirements, Section 01025 of these Specifications. ENGINEER shall process Applications as provided in the General Conditions. a. Progress Payments OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER and as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Article 2 of the General Conditions. Progress payments will be in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold in accordance with Paragraph 14.02.13.5 of the General Conditions. A. 90% of the Work completed (with the balance being retainage) B. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in Paragraph 14.02.A.I of the General Conditions). 2. Request for Payments All requests for payments shall be divided into materials costs and labor/equipment costs. All requests for material payment shall be accompanied by CONTRACTOR's paid invoice for the material in accordance with Article 14.02.A.I of the General Conditions. b. Final Payment Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph. .06 CONTRACTOR's REPRESENTATIONS: In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: a. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 7 herein) and the other related data identified in the Bidding Documents including "technical data." b. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. d. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in the Supplementary Conditions to the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.02.A of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. g. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing and performing of the Work. .07 CONTRACT DOCUMENTS: The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR shall include the following documents, and these Contract Documents do hereby expressly incorporate same as if fully set forth verbatim in this Contract Agreement: a. This Agreement; b. Performance Bond; C. Payment Bond; d. Other Bonds e. General Conditions; f. Supplementary Conditions; g. General Conditions Calhoun County Texas; h. Specifications; i. Drawings; j. Addenda, if any; k. Exhibits to this Agreement: Notice to Proceed; CONTRACTOR'S Bid; Documentation submitted by CONTRACTOR prior to Notice of Award. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: Written Amendments; Work Order Directives; Change Order(s). There are no Contract Documents other than those listed above in .07 Contract Documents. The Contract Documents may only be amended, modified, supplemented or repealed in accordance with the appropriate provisions of Specification Section 012600 Contract Modification Procedures located in the Project Manual. All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. .08 MISCELLANEOUS: a. Terms used in this Agreement will have the meanings indicated in the General Conditions. b. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. C. OWNER and CONTRACTOR each bind itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. d. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, the parties hereto have signed this Agreement to be executed by their duly authorized officials in one original. Additional copies of the original executed Agreement will be distributed to all appropriate parties. ATTEST: t1 TITLE: ADDRESS: 211 S. Ann, Suite 301 Port Lavaca, Texas 77979 PHONE: (361) 553-4600 FAX: (361) 553-4444 CONTRACTOR: Port Enterprises, Ltd. BY:el-4 Cody Comstock, Vice President for General Partner Port NAME/TITLE Enterprises Roofing Roofing Inc. ATTEST: L16W"W TITLE: Administrative Manager ADDRESS: 1955 Saratoga Blvd. Corpus Christi, Tex as 78417 PHONE: 361-289-2944 FAX: 361-289-7163 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of1 Complete NOS. 1-4 and 6 if there are Interested parties. Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Certificate Number: Port Enterprises, Ltd. 2023-10031.26 Corpus Christi, Texas 78417, TX United States Date Filed: 04/05/2023 2 Name of governmental entity or stale agency that is a party to the contract for which the orm is being filed. Calhoun County Date Acknowledged: a Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Calhoun County Roof Recovers Roofing Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only If there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is Cbd7 OmBtx C and my date of birth is My address is OS')_18 Christi rr1k. 78417 NEOES (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed In Nimes County, State of T—=MS , on the 5thday of -kail 20 21 (month) (year) Signature of authorized agent of contracting business entity (Declarant) 'OrmS nrnVlded by TPXa9 Fthirc Cnmmiccinn ......_ Version V3.5.1.3ac88bco STATUTORY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PERFORMANCE Hartford, Connecticut 06183 BOND (Texas Public Work) Bond No.: 107731260 KNOW ALL MEN BY THESE PRESENTS, that Port Enterprises, LTD 1955 Saratoga, Corpus Christi, 78417 (hereinafter called the Principal), as Principal and Travelers Casualty and Surety Company of America (hereinafter called the Surety), as Surety, are held and firmly bound unto Calhoun County 211 South Ann Street, Suite 301, Port Lavaca, TX 77979 (hereinafter called the Obligee), as Obligee, in the amount of Two Hundred Fifty Four Thousand Two Hundred Eighty Six Dollars and 001100 ($254,286.00 ) dollars for the payment where of, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 10 day of may , 3do23 , to Calhoun County Roof Recovers of Two (2) County Buildings: The Calhoun County Courthouse Annex II and The Calhoun County Seadrift Public Library which contract is hereby referred to and made a part hereof and to the same extent if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions of said Code to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , Port Enterprises, LTD (Principal) Travelers Casu ty a d Sur t Company of America f r Upt Attorney -in -Fact STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253 OF THE. TEXAS GOVERNMENT CODE STATUTORY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PAYMENT BOND Hartford, Connecticut 06183 (Texas Public Work) Bond No.: 107731260 KNOW ALL MEN BY THESE PRESENTS, that Port Enterprises, LTD 1955 Saratoga, Corpus Christi, 78417 (hereinafter called the Principal), as Principal and Travelers Casualty and Surety Company of America (hereinafter called the Surety), as Surety, are held and firmly bound unto Calhoun County 211 South Ann Street, Suite 301, Port Lavaca, TX 77979 (hereinafter called the Obligee), as Obligee, in the amount of Two Hundred Fifty Four Thousand Two Hundred Eighty Six Dollars and 00/100 ($254,286.00 ) Dollars for the payment where of, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the JO day of Mn%J , 2i7Z3 , to Calhoun County Roof Recovers of Two (2) County Buildings: The Calhoun County Courthouse Annex II and The Calhoun County Seadrift Public Library which contract is hereby referred to and made a part hereof and to the same extent if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions of said Code to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , Port Enterprises, LTD (Principal) By: Tra Iers-Casualt ndSurety Company ofAmen ca enni r Upto f Attorney -in -Fact STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWEROFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Jennifer Upton of FORT WORTH , Texas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. s vx State of Connecticut City of Hartford ss. By: A94t Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r10lAaY My Commission expires the 30th day of June, 2026 Anna P. Nowik, Notary Public c This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED,. that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of Via, O� aamwrq 5 aurrono. n caw. a cox. ; izu 2a KevinE. Hughes. s'tant Secretary To verify the authenticity of this Power of'Attorney, please, cafl us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this PowerofAttorney is attached. IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll - free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htto:/Avww.tdi.state.tx.us E-mail: ConsumerProtection(&di.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed. 10.18.07 RIDER Travelers Casualty and Surety Company of America Hartford, CT 06183 To be attached to and form a part of: Bond No.197731260 Type of Bond: Performance & Pavment Executed by art Enterprises. LTD , as Principal, and by Travelers Casualty and Surety Company of America , as Surety, in favor of Calhoun Countv and dated In consideration of the premium charged for the attached bond, it is hereby agreed to change: Bond Amount Increased by $125 065 00 From: $254.286.00 To: This rider is effective May 10, 2023 This rider is executed upon the express condition that the surety's liability under said bond shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. The referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. Signed this 1 0th day of May 2023 Port Enterprises, LTD �(Principal) Travelers Casualty and Surety Cogspany of America By: Rider Accepted By: Calhoun Co (Obligee) By: Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St, Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Jennifer Upton of FORT WORTH , Texas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. /pn sugrry� �a��r aAa C"ON,na}AtoIrNexPDy, >in � State of Connecticut By: City of Hartford ss. Robert L. Rene enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument- for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. ,PI:aam IN WITNESS WHEREOF, I hereunto set my hand and official seal. A IIOfAPY ��//! My Commission expires the 30th day of June, 2026 u " Anna P. Nowik, Notary Public cLM.�'v'f This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed In his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this dppay of �s�B a rasrwaa 11 a xOsik CONfL C toxx. N ..� 69 KevinE. Hughes, siant Secretary ro verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above-namedAtiorney(s)-in-Fad and the details of the bond to which this Power of Attorney is attached. Ac®az® CERTIFICATE OF LIABILITY INSURANCE 4k.� DATE(MMIDD(YYY) 4/12/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(tes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Frost Insurance - Victoria O Box 2625 CONTACT NAME: Mare Hall N . E.. 361-5809057 ac No:361-580-9065P ME ihallpfrostinsurance.com Victoria TX 77902 INSURERS AFFORDING COVERAGE NAICE INSURERA: Navigators Insurance Co 42307 INSURED PORTENT-03 Port Enterprises LTD P O Box1299 INSURER B: National Fire Insurance Company Of Hartford 20478 INsuRER c: Valley Fore Insurance Company 20508 INSURERD: Texas Mutual Insurance Co. 22945 Menchaca TX 78652 INSURER E: NSURER F: COVERAGES CERTIFICATE NUMBER- 18A8957AO1 wwvlelnnl MlIME!eR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OFINSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MMIDD POLICYEXP MM/DDfYYyY LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS-MADEOCCUR 7014679060 5/29/2022 529/2023 EACH OCCURRENCE $1,000,000 AMA ES(RENTb PREMISES Eaocoarrence $100,000 X MED EXP(Any onePerson) 515,000 25.000-PD Ded PERSONAL& ADV INJURY $1.000.000 AGGREGATE LIMIT APPLIES PER: POLICYJEC I T LOC GENERALAGGREGATE $2,000,000 GEN'L PRODUCTS-COMP/OP AGE $2,000.000 $ OTHER: C AUTOMOBILE LIABILITY BUA 7014679074 5/292022 5/29/2023 Ee aalaEeD SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per pereon3 5 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per acdd.rt) 5 X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per -cider 3 Is A UMBRELLALIAB X OCCUR H022EXC9D77251V 5/29/2022 5/29/2023 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000,000 DIED I X I RETENTION$ $ D WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANYPROPRIETOPIPARTNEMEXECUTIVE N OFFICERIMEMSEREXCLUDED4 NIA 0007088887 5l29/2022 5/29/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 57,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatary In NH) If yes, describe under E.L. DISEASE -POLICY LIMIT s1,000,000 DE SCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Sehedalo. maybe attached if more space is required) Project: Calhoun County Roof Recovers of (2) County Buildings - The Calhoun County Courthouse Annex II and The Calhoun County Seadrift Public Library The General Liability and Auto Liability policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability, Auto Liability and Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract with the Named Insured and the certificate holder that requires such status. Calhoun County 211 S Ann, Suite 301 Port Lavaca TX 77979 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE mil% Q�J,1/-._ G/`.%0�.^ ACORD The ACORD name and logo are registered marks of ACORD reserved. #n NOTICF OF MEETING 5/1.0/2023 21. Consider and take necessary action to approve the Specifications and RFQ Packet for the Request for Qualifications for Engineering, Architectural and Surveying Services for the Calhoun County Crabbin' Bridge Project, RFQ 2023.05 and authorize the County Auditor to advertise for the RFQs. RFQS will be due before 2:00:00 PM on Thursday, June 2, 2023. Funds from the Matagorda Bay Mitigation Trust will be used for this project. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER:'" Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 18 of 24 Mae Belle Cassel From: demi.cabrera@calhouncotx.org (demi.cabrera) <demi.cabrera@calhouncotx.org> Sent: Wednesday, May 3, 2023 3:30 PM To: MaeBelle.Cassel@calhouncotx.org Cc: David Hall; cindy.mueller@calhouncotx.org Subject: Agenda Items - May 10, 2023 Good Afternoon MaeBelle, Please place the following item on the Commissioners Court Agenda for May 10, 2023: Consider and take necessary action to approve the Specifications and RFQ Packet for the Request for Qualifications for Engineering, Architectural and Surveying Services for the Calhoun County Crabbin Bridge Project, RFQ 2023.05, and authorize the County Auditor to advertise for the RFQs. RFQs will be due before 2:00:00 PM, Thursday, June 1, 2023. Funds from the Matagorda Bay Mitigation Trust will be used for this project. Thank you, ini CabrQra Calhoun County IU6i�Mant,ouditor 361-553-4613 361-553-4614 Gax) Calhoun County Texas CALHOUN COUNTY, TEXAS REQUEST FOR QUALIFICATIONS ENGINEERING, ARCHITECTURAL AND SURVEYING SERVICES FOR THE CALHOUN COUNTY CRABBIN BRIDGE PROJECT RFQ 2023.05 SEALED RFQS ARE DUE BEFORE: 2:00:00 PM, THURSDAY, JUNE 1, 2023 AT THE OFFICE OF: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 South Ann Street 3rd Floor, Suite 301 Port Lavaca, Texas 77979 Public Opening of the RFQs will be conducted immediately after the closing of the 2:00:00 PM deadline, Thursday, June 1, 2023 in the County Judge's office, Calhoun County Courthouse, 211 South Ann Street, 3rd Floor, Suite 301, Port Lavaca, Texas 77979. The RFQs will be considered for award Wednesday, June 14, 2023 during Calhoun County Commissioners Court. Award information will be sent to all bidders that submitted a Request for Qualifications and, as time permits, will be posted on the County's website (www.calhouncotx.org) under Public Notices, Bid Notices and Results, Results, 2023. Page 1 of 51 CONTENTS • Request for Qualifications • Specifications / Scope of Work • General Conditions • Required forms to be returned with the submitted RFQ o Affidavit o Certification Regarding Debarment & Suspension and Other Responsibility Matters o Certification Regarding Lobbying o Conflict of Interest Questionnaire (Form CIQ) o Copy of Current Certificate of Insurance that includes Professional Liability o Disclosure of Lobbying Activity o House Bill 89 o Professional Liability Insurance —Must provide proof of current Professional Liability Insurance o Residence Certification o System for Award Management— Consultant/Firm, and its Principals, may not be debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM). Include verification that the company as well as the company's principles are not listed (are not debarred) through the System for Award Management (www.SAM.gov). Enclose a print out of the search results that includes the record date and verification that the Company, Corporation, Firm, or Partnership as well as their principles are not listed (are not debarred) through the System for Award Management. • Required Contract Provisions • Copy of Rating Sheet Page 2 of 51 REQUEST FOR QUALIFICATIONS Notice is hereby given that the Commissioners Court of Calhoun County, Texas will receive sealed Requests for Qualifications for: ENGINEERING, ARCHITECTURAL AND SURVEYING SERVICES FOR THE CALHOUN COUNTY CRABBIN BRIDGE PROJECT, RFQ 2023.05 The County is soliciting Request for Qualifications to provide engineering, comprehensive design, review, analysis, planning, surveys, studies, and other ancillary services necessary to implement the project under terms and conditions established by this RFQ and Calhoun County. Respondent chosen by the County for the Crabbin Bridge Project must have Professional Engineers, registered in the State of Texas, on staff and must have demonstrated experience in performing coastal engineering projects, including obtaining permits from the U.S. Army Corps of Engineers —Galveston District, for coastal engineering projects. Respondent must demonstrate a coastal presence of substantial history of coastal work and services within the Texas Coastal Management Zone and the ability to perform the services listed within this RFQ. Funds from the Matagorda Bay Mitigation Trust (Water Keepers vs Formosa Plastics) will be used for the Calhoun County Crabbin Bridge Project. The RFQ can be downloaded from the County's website, www.calhouncotx.org under Public Notices, Bid Notices and Results, Bid Notices, 2023, or by contacting Demi Cabrera, Assistant Auditor at 361-553-4613 or demi.cabrera@calhouncotx.orx. SEALED RFQs ARE DUE on or before 2:00:00 PM, Thursday, June 1, 2023. Immediately after the closing of the 2:00:00 PM deadline, all RFQs will be publicly opened and acknowledged in the County Judge's office in the Calhoun County Courthouse at 211 South Ann Street, 3rd Floor, Suite 301, Port Lavaca, Texas. It is the responsibility of the submitting entity to ensure that the sealed Request for Qualifications is received in a timely manner. Calhoun County does not accept faxed or emailed RFQs. Calhoun County accepts no financial responsibility for any cost incurred by any entity in the course of responding to the RFQ. RFQs received after the deadline will not be considered for award, regardless of whether or not the delay was outside of the control of the submitting entity or individual. All Request for Qualifications, consisting of one (1) USB flash drive, one (1) original and three (3) printed copies must be delivered to the office of the Calhoun County Judge before 2:00:00 PM, Thursday, June 1, 2023 in a sealed 9 x 12 or larger envelope, clearly marked on the outside: ENGINEERING, ARCHITECTURAL AND SURVEYING SERVICES FOR THE CALHOUN COUNTY CRABBIN BRIDGE PROJECT, RFQ 2023.05 The cell phone in the County Judge's office or the cell phone of the County Auditor's Representative will be the official clock that shall be used in determining the time the RFQ is received and the 2:00:00 PM deadline. Page 3 of 51 SEALED RFQs (1 USB, 1 Original and 3 Printed Copies) may be hand delivered or mailed to: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 S. Ann St., 3r1 Floor, Suite 301 Port Lavaca, TX 77979 Calhoun County Commissioners Court reserves the right to waive any formality or irregularity, reject any or all RFQs and to accept the RFQ or RFQs deemed to be in the best interest of Calhoun County. Calhoun County reserves the right to negotiate with any and all entities or individuals submitting a Request for Qualifications, per the Texas Professional Services Procurement Act and the Uniform Grant and Contract Management Standards. Successful entity shall abide by all Local, State and Federal requirements within the RFQ. Any award is contingent upon the successful negotiation of final contract terms, approval of contract by the County's Attorney and the approval and award by Calhoun County Commissioners Court. Calhoun County is an Affirmative Active/Equal Opportunity Employer. Calhoun County does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identity, religion, age or handicapped statues in the employment or the provision of services. Section 3 Residents, Small Business Enterprises, Minority Business Enterprises, Women Business Enterprises, and Labor Surplus Area Firms are encouraged to submit Request for Qualifications. Cindy Mueller County Auditor Calhoun County, Texas Page 4 of 51 SPECIFICATIONS REQUEST FOR QUALIFICATIONS ENGINEERING, ARCHITECTURAL, AND SURVEYING SERVICES FOR THE CALHOUN COUNTY CRABBIN BRIDGE PROJECT RFQ 2023.05 GENERAL DESCRIPTION Calhoun County is soliciting this Request for Qualifications (RFQ) for Engineering, Architectural, and Surveying Services in support of the Calhoun County Crabbin Bridge Project. The County is soliciting Request for Qualifications to provide engineering, comprehensive design, review, analysis, planning, surveys, studies, and other ancillary services necessary to implement the project under terms and conditions established by this RFQ and Calhoun County. Respondent chosen by the County for the Crabbin Bridge Project must have Professional Engineers, registered in the State of Texas, on staff and must have demonstrated experience in performing coastal engineering projects, including obtaining permits from the U.S. Army Corps of Engineers —Galveston District, for coastal engineering projects. Respondent must demonstrate a coastal presence of substantial history of coastal work and services within the Texas Coastal Management Zone and the ability to perform the services listed within this RFQ. The following outlines this Request for Qualifications. Scope of Work/Services The County is seeking engineering services necessary to implement the project, surveys and studies at Calhoun County Crabbin Bridge Project. This project may include activities such as lake shoreline restoration, marshland restoration, restoration and/or creation of bird islands, and construction of recreational outdoor infrastructure. The County may require one or more of the following areas of expertise for the successful implementation of the Crabbin Bridge Project. The capability of Respondent to provide expertise in more than one (or all) of the services identified below will be considered favorably in the County's ranking and selection process. Respondent may subcontract for such services; however, existing relationships are preferred. All subcontracting relationships for services shall be clearly documented. No priority is implied by the order of the following services requested by the County. Services • Initial and Final Engineering and Design Support • Bid and Award Support • Contract Management and Construction Oversight • Specialized Services • Development of protection and restoration methods for lake shorelines, bird islands, coastal marshes and wetlands; • Design of shore protection projects and coastal structures; • Design of outdoor recreational infrastructure such as piers, boat ramps, pavilions, camping facilities, and habitat observation facilities; Page 5 of 51 • Economic analysis of public and/or private recreational and environmental benefits and cost allocation strategies; • Development of construction plans and specifications, bid documents, and bid analysis, • Regulatory issues and permitting management and oversight; • Construction management and oversight; • Study of lake shoreline processes and water and wind dynamics; • Study of mechanics and dynamics of wind waves, sediment transport, and interaction with structures; • Geotechnical and geophysical investigations necessary for the design of coastal engineering construction projects; • Monitoring and data collection; • Marsh and wetland monitoring; • Study of flora, fauna, and habitats of coastal marshes, uplands and bayou environments; • Study of hydraulics of river channels, bays, and inlets; • Management planning and sediment source identification and quantification; • Storm hazard analysis, failure analysis, probability, and certainty; • Study of long-term response to coastal hazards, such as hurricanes, severe rain events and river overflow; • Applications of dredging and the beneficial use of dredged materials; • Independent engineering review of all above -mentioned services. IL Statement of Qualifications Qualifications shall be submitted in the following format. The detailed requirements in this Request for Qualifications are mandatory. Failure to adhere to the required format maybe cause for rejection of the RFQ. To facilitate selection review, submissions should conform to the following: 1. Format: Submit responses on single sided paper. The RFQ maybe bound or in a binder. 2. Report Content: a) Cover Letter: Briefly describe your ability and interest in conducting the described work. Letter must be signed by a person having authority to enter into a contract. b) Company Narrative: Include: (1) The year the company was founded, background and history (and parent company, if applicable) and, if incorporated, the state in which the company is incorporated and the date of incorporation. If the company is an out-of-state entity, a Certificate of Authority to do business in Texas from the Secretary of State must be provided as an attachment; (2) The company ownership structure (corporation, partnership, LLC, or sole proprietor); (3) Location of company headquarters and location of the primary office(s) that will service any contract resulting from this RFQ in addition to a listing of offices intended to support the contract with city, state, telephone number and email contact address. Page 6 of 51 c) Staffing Profile: Name, address, telephone number and email address of the entity's point of contact for a possible contract resulting from this RFQ. Entity should provide brief resumes for key staff responsible for the performance of any contract resulting from this RFQ. The staff profile(s) should describe personnel by discipline and should identify the Texas Professional Engineer(s) who will sign/seal engineering work products. d) Entity Justification: Complete information regarding how the entity is qualified to provide the services described in the Scope of Services, focusing on the company's key strengths and advantage to Calhoun County to select the entity. Please note experience with State and Federally funded projects and include a list of past local government clients. e) Major Sub -Consultant Information: Entity must identify any sub -consultants with whom the entity intends to utilize in performing work under any work order resulting from this RFQ. Entity must indicate whether or not the entity holds any financial interest in any sub -consultant activities. f) List of References: Provide three (3) references familiar with your quality of work as it pertains to the referenced scope of work. g) Scope of Work/Services: Specify actual tasks to be performed under the services listed, but not limited to: Section I. Scope of Work and pages 10 thru 14 of Scope of Work. h) Other Supporting Data: Include the makeup of the project team, including sub - consultants (if applicable) and any other information you feel will be relevant to the selection of your company. i) Required Forms: All respondents must complete the following forms and return with the submission of the RFQ. o Affidavit o Conflict of Interest Questionnaire (Form CIQ) o Certification Regarding Debarment & Suspension and Other Responsibility Matters o Certification Regarding Lobbying o Disclosure of Lobbying Activities o House Bill 89 o Professional Liability Insurance — Must provide proof of current Professional Liability Insurance o Residence Certification o System for Award Management — Must provide a print out that includes the record date showing that the Company, and its Principals, have an active registration with the System for Award Management (www.SAM.gov) AND are not debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM). Additional data, exhibits, statements and information which respondent feels will help ensure total understanding and evaluation of their RFQ may be submitted. Page 7 of 51 III. Evaluation Criteria The RFQs received will be evaluated and ranked according to the following criteria: Criteria Maximum Points Experience 60 Work Performance 25 Capacity to Perform 15 Total 100 Respondent's qualifications will be evaluated and the most qualified Respondent will be selected, subject to negotiation of fair and reasonable compensation. IV. Small and minority businesses women's business enterprises, and labor surplus area firms Section 3 residents, small and minority businesses, women's business enterprises, and labor surplus area firms are encouraged to participate in this RFQ. If the awarded entity is a prime contractor and may use sub -contractors, the following affirmative steps are required of the prime contractor. 1. Placing qualified small and minority businesses, and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce V. Deadline for Submission The complete submittal, consisting of one (1) USB, one (1) bound original and three (3) bound copies, of your Request for Qualifications and all required forms must be received in the County Judge's office before 2:00:00 PM, Thursday, June 1, 2023. It is the responsibility of the submitting entity to ensure that the Request for Qualifications is received in a timely manner. Calhoun County does not accept faxed or emailed RFQs. RFQs received after the deadline will not be considered for award, regardless of whether or not the delay was outside the control of the submitting entity. Calhoun County accepts no financial responsibility for any cost incurred by any entity in the course of responding to the RFQ. The cell phone in the County Judge's office or the cell phone of the County Auditor's Representative will be the official clockthat shall be used in determining the time the RFQ is received and the 2:00:00 PM deadline. Page 8 of 51 Sealed RFQs may be mailed or hand delivered to: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 South Ann Street 31a Floor, Suite 301 Port Lavaca, TX 77979 The RFQ must be delivered in a sealed 9 x 12 or larger envelope clearly marked on the outside: Engineering, Architectural and Surveying Services for the Calhoun County Crabbin Bridge Project, RFQ 2023.05 intentionally Left Blank Page 9 of 51 SCOPE OF WORK The Contractor shall provide the following scope of services: SCOPE OF SERVICES REQUESTED The engineering, architectural and surveying contract will encompass all project -related engineering, architectural and surveying services to Calhoun County under its Combined Dispatch Building project, including but not limited to the following: Services • Initial and Final Engineering and Design Support • Bid and Award Support • Contract Management and Construction Oversight • Specialized Services • Development of protection and restoration methods for lake shorelines, bird islands, coastal marshes and wetlands; • Design of shore protection projects and coastal structures; • Design of outdoor recreational infrastructure such as piers, boat ramps, pavilions, camping facilities, and habitat observation facilities; • Economic analysis of public and/or private recreational and environmental benefits and cost allocation strategies; • Development of construction plans and specifications, bid documents, and bid analysis; • Regulatory issues and permitting management and oversight; • Construction management and oversight; • Study of lake shoreline processes and water and wind dynamics; • Study of mechanics and dynamics of wind waves, sediment transport, and interaction with structures; • Geotechnical and geophysical investigations necessary for the design of coastal engineering construction projects; • Monitoring and data collection; • Marsh and wetland monitoring; • Study of flora, fauna, and habitats of coastal marshes, uplands and bayou environments; • Study of hydraulics of river channels, bays, and inlets; • Management planning and sediment source identification and quantification; • Storm hazard analysis, failure analysis, probability, and certainty; • Study of long-term response to coastal hazards, such as hurricanes, severe rain events and river overflow; • Applications of dredging and the beneficial use of dredged materials; • Independent engineering review of all above -mentioned services. Page 10 of 51 DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS Respondents will be required to show the ability to provide all the Engineering services described below. Respondent shall then provide a detailed description of how they meet the requirement, describing their knowledge and experience, as well as providing discrete examples of previous work where applicable. General Requirements • Coordinate, as necessary, between Calhoun County and its service providers (i.e., Engineer, Environmental, Contracted Construction Company, and Grant Administrator, etc.) regarding project design services; • Provide monthly project status updates; • Funding release will be based on deliverables identified in the contract Initial Engineering and Design Support Respondents will be required to show the ability to provide all the Engineering services described below: • Provide all project information necessary to ensure timely execution of the environmental review; • Provide preliminary engineering, investigations, and drawings sufficient to achieve the preliminary design milestone, including at a minimum: a. Cross sections/elevations b. Project layout/staging areas c. General notes d. Special notes e, Design details f. Specifications g. Utility relocation designs h. Construction limits, including environmentally sensitive areas that should be avoided during construction L Required permits j. Quantities k. Estimate of construction costs to within +/- 25% I. Schedules for design, permitting, acquisition and construction • Design surveying, topographic and utility mapping; • Perform subsurface explorations for project sites, as necessary; • Prepare horizontal alignments/layouts for all proposed project alternatives necessary to fully describe the project scope, anticipated limitations, and potential project impacts; • Recommend value engineering options (alternative design, construction methods, procurement, etc.) that may improve efficiency, expedite the schedule, or reduce project costs for Calhoun County; • Identify, acquire and submit all necessary permits and approvals required for design approval and construction; Page 11 of 61 • Submit all necessary deliverables to the appropriate entity for review and comment. Adjust project and/or design to satisfactorily address any comments, as necessary; • Prepare plans and profiles, including vertical design information for the selected alternative; • Identify and address potential obstacles to project implementation (i.e., pipelines, easements, permitting, environmental, etc.) prior to moving forward with the final design; • Support Calhoun County with acquisition or property/servitudes/right-of- way documentation as required by the City to facilitate the project, preparing right of way surveys and/or property boundary maps and legal descriptions of parcels to be acquired Engineering and Final Design Support Respondents will be required to show the ability to provide all the Engineering services described below as they relate to final design support: • Prepare plans and profiles, including necessary design information for the selected alternative sufficient to achieve all detailed design milestones. Examples include, but are not limited to: a. Cross sections/elevations b. Project layout/staging areas c. General notes d. Special notes e. Design details f. Specifications g. Utility relocation designs h. Construction limits, including environmentally sensitive areas that should be avoided during construction i. Required permits j. Quantities k. Estimate of construction costs to within +/- 20% I. Schedules for design, permitting, acquisition and construction • Provide information to appropriate individuals for the development of environmental fund release reports and floodplain maps; • Identify, acquire and submit all necessary permits and approvals required for design approval and construction; • Provide hard copy, if necessary, reproducible plan drawings and bid documents, in addition to electronic copies to Calhoun County, upon design completion, and as requested during design. Electronic copies should be in the native format (AutoCAD DWG) along with PDF packages and should contain all corresponding references, databases, or files associated with the completed design documents; • Assist Calhoun County and any service provider related to the project with all necessary documentation to ensure compliance with all Program requirements and regulations Page 12 of 51 Bid and Award Support Respondents will be required to show the ability to provide all the Engineering services described below as they relate to bid and award support: a. Submit appropriate items and support Calhoun County in the development of complete bid package; b. Prepare and assist Calhoun County in the advertisements for bid solicitation; c. Support development and issuance of bid -related documents necessary to complete bid process (e.g., bid proposal form, bid addenda and supporting documentation); d. Attend and support Calhoun County at pre -bid conference and bid opening, e. Support Calhoun County with ongoing communication during bid process; f. Support Calhoun County to complete bid tabulation and evaluation of responses and provide recommendation for award; g. Support Calhoun County to negotiate and finalize contract documents, including issuance of the Notice to Proceed, in accordance with program and Calhoun County requirements; h. Support Calhoun County in the conducting of a preconstruction conference Contract Management and Construction Oversight Respondents will be required to show the ability to provide all the Engineering services described below as they relate to contract management and construction oversight: a. Ensure delivery of Calhoun County project in accordance with contract; b. Provide ongoing Construction Oversight Reports detailing the status of construction for Calhoun County project; c. Review all service provider submittals to ensure compliance with construction contract documents and provide recommendations to Calhoun County; d. Provide periodic and final inspections and tests reports, as required for the project; e. Provide on -site supervision and oversight of construction activities at a minimum on a bi-weekly basis or as directed by Calhoun County; f. Review Construction Change Orders and provide recommendation to Calhoun County as to appropriate action; g. Review invoice/draw requests and provide recommendation to Calhoun County as to appropriate action, in compliance with the construction contract documents; h. Obtain independent cost estimates for validation purposes, as required; I. Review and respond to requests for information/clarification; j. Support Calhoun County with issue identification and claims resolutions; k. Develop a final "as built" report of quantities, drawings, and specifications; I. Issue to the Calhoun County, for execution, a Certificate of Construction Completion within 30 days of final inspection approval; m. Deliver "as -built" drawings to the Calhoun County within 30 days of project completion; n. Host and/or attend project coordination meetings in person, by phone, or by video conference, which may or may not fall during normal business hours; o. Perform other contract management and construction oversight duties as required to ensure success of the Calhoun County project; Page 13 of 51 p. Provide necessary certifications to regulatory agencies of project completion and compliance (ex.TCEQ); q. Submit all final invoices within 60 days after contractor work order expiration Specialized Services Respondents will be required to show the ability to provide all the Engineering services described below as they relate to specialized services: a. Provide Geotechnical Investigations as may be required for a project; b. Provide Detailed Surveying as may be required for a project; c. Provide Site Specific Testing as may be required for a project; d. Provide Archeological Studies as may be required for a project; e. Provide Planning Studies as may be required for a project; f. Provide Feasibility Studies as may be required for a project; g. Provide Legal documentation for property and/or easements to be acquired (i.e., field notes, etc.); h. Provide Phase I and Phase II environmental site assessments as requested Page 14 of 51 CALHOUN COUNTY, TEXAS GENERAL CONDITIONS General Conditions apply to all advertised Invitations to Bid (hereinafter called Bid), Request for Proposals (hereinafter called RFP), Request for Qualifications (hereinafter called RFQ), Contracts/Agreements/Leases (hereinafter called Contract); however these may be superseded in whole or in part by the scope, special requirements, specifications or special sections of Texas Government Code and/or Texas Local Government Code. Governing Law: Bidder/Vendor is advised that the Bid, RFP, RFC, and/or Contract shall be fully governed by the laws of the State of Texas and that Calhoun County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of the Bid, RFP, RFC, and/or Contract. All parties agree that the venue for any litigation arising from this Bid, RFP, RFQ, and/or Contract shall be held in Port Lavaca, Calhoun County, Texas. Completion of Bid RFP RFQ and/or Contract Forms: Once the Bid, RFP, RFQ and/or Contract is released forbidding, Calhoun County will not answerany questions except through an addendum that has been approved by Calhoun County Commissioners Court or at a mandatory pre -bid meeting. Complete, sign, and return to the Calhoun County Judge's Office the required number of Bid forms, RFP forms, RFQ forms, and/or Contracts, and any other required information by the day and time the Bid, RFP, RFQ, and/or Contract is due. The Bid, RFP, RFQ and/or Contract must be signed and dated by an officer, employee or agent who is duly authorized to execute this Bid, RFP, RFQ, and/or Contract, and affirms that this company, corporation, firm, partnership or individual has not prepared this Bid, RFP, RFQ and/or Contract in collusion with any other bidder/vendor or any official or employee of Calhoun County, and that the contents of this Bid, RFP, RFQ and/or Contract as to prices, terms or conditions of said Bid, RFP, RFQ and/or Contract have not been communicated by the individual signing nor by any employee or agent to any other person engaged in this type of business or to any official or employee of Calhoun County prior to the official opening of this Bid, RFP, RFQ and/or Contract. The use of liquid paper or white out is not acceptable and may result in the disqualification of the bidders/vendor's Bid, RFP, RFC, and/or Contract. If an error is made, the bidder/vendor must draw a line through the error and initial each change. All responses typed or handwritten in ink must be clear and legible. Submission of Sealed Bid, RFP. RFQ. and/or Contract: All Bids, RFPs, RFQs, and/or Contracts must be delivered to the County Judge's Office in a SEALED envelope. When submitting a SEALED Bid, RFP, RFC, and/or Contract the envelope must be taped and/or glued closed in order for it to be accepted as a SEALED Bid, RFP, RFQ and/or Contract. The bidder/vendor must submit the original and required number of copies of their completed Bid, RFP, RFQ, and/or Contract and any additional required information/forms in a SEALED envelope to the Calhoun County Judges Office, Calhoun County Courthouse, 211 South Ann Street, 3rd Floor, Suite 301, Port Lavaca, Texas. The Bid, RFP, RFC, and/or Contract will specify the date and time due. Page 15 of 51 The cell phone in the County Judge's office or the cell phone of the County Auditor's Representative is the official clock that will be used in determining the time the Bid, RFP, RFC, and/or Contract is received and the time deadline that the Bid, RFP, RFQ and/or Contract will be opened. A late delivery with an early postmark or delivery of the Bid, RFP, RFQ,and/or Contract to the wrong office will not suffice. Bids, RFPs, RFQs, and/or Contracts received after the deadline will not be considered for award, regardless of whether or not the delay was outside of the control of the submitting bidder/vendor. The door to the County Judge's office will be closed once the due date and time has been reached and no other bids will be accepted. Calhoun County will not be responsible for the delivery of your Bid, RFP, RFQ and/or Contract to the office of the Calhoun County Judge. Calhoun County is not responsible for late deliveries due to postal mail or other mail delivery services delays. Calhoun County is not responsible for the delivery of the Bid, RFP, RFQ and/or Contract to the wrong office. Calhoun County does not accept faxed or emailed Bids, RFPs, RFQs, and/or Contracts. If the bidder/vendor would like to confirm the delivery of their Bid, RFP, RFQ and/or Contract, the bidder/vendor may call the Calhoun County Judge's office at 361-SS3-4600. Late Bids, RFPs, RFQs, and/or Contracts will not be accepted. Bids, RFPs, RFQs, and/or Contracts received after the deadline will not be opened and shall be considered void and unacceptable. Bids, RFPs, RFQs, and/or Contracts must be submitted in a SEALED 9 x 12 or larger envelope, addressed as follows: Richard H. Meyer, County Judge, Calhoun County Courthouse, 211 S. Ann St., Suite 301, Port Lavaca, TX 77979. The outside of the SEALED envelope must be clearly marked: SEALED BID (RFP, RFC, or Contract) and the name of the Bid, RFP, RFQ or Contract. If the Bid, RFP, RFQ and/or Contract is sent by UPS, FedEx or other delivery service, the outside of this envelope must be clearly marked: SEALED Bid (RFP, RFQ or Contract) and the name of the Bid, RFP, RFQ or Contract. Withdrawal of Bid, RFP, RFQ and/or Contract: A bidder/vendor may withdraw their Bid, RFP, RFQ and/or Contract before Calhoun County's acceptance of the Bid, RFP, RFQ and/or Contract without prejudice to the bidder/vendor, by submitting a written request for its withdrawal to the Calhoun County Judge and mail or hand deliver to the address the Bid, RFP, RFQ and/or Contract was submitted to. A Bid, RFP, RFQ and/or Contract that was opened are not subject to amendment, alteration, or change for the purpose of correcting an error in the Bid, RFP, RFQ and/or Contract price. Bids, RFPs, RFCLs, and/or Contracts containing an error may be offered "as is" or withdrawn by the bidder/vendor in accordance with applicable State Laws. Opening and Award of Bid RFP RFQ and/or Contract: Bidders/vendors are invited to be present at the opening and awarding of the Bid, RFP, RFQ and/or Contract. Governing Forms: In the event of any conflict between the terms and provisions of these conditions, the Bid, RFP or RFQ specifications or contract, if applicable, shall govern. In the event of any conflict of interpretation of any part of this overall document, Calhoun County's interpretation shall govern. Addendums: When specifications are revised, the Calhoun County Auditor's Office will send each bidder/vendor that received a Bid, RFP, RFQ and/or Contract packet the addendum once it has been approved by Calhoun County Commissioners Court. No addendum can be sent out until Calhoun County Commissioners Court has approved the addendum or approved the addendum to be sent out by the Engineer with the approval from the County Commissioner or County Department in charge of the project. Page 16 of 51 indemnification/Hold Harmless: The successful bidder/vendor shall defend, indemnify and hold Calhoun County and its officials, agents, and employees harmless from all suits, actions, or for personal injury, death and/or property damage arising from any cause whatsoever, resulting directly or indirectly from bidders/vendor's performance. Bidder/vendor shall procure and maintain, with respect to the subject matter of this Bid, RFP, RFC, and/or Contract, appropriate insurance coverage including, as a minimum, general liability and property damage, workers' compensation, employer's liability and auto insurance with adequate limits to cover bidder's/vendor's liability as may arise directly or indirectly from work performed under terms of this Bid, RFP, RFC, and/or Contract. Certification of such coverage shall name, by policy endorsement, Calhoun County as an additional insured and be provided to Calhoun County upon request. Waiver of Subrogation: Bidder/vendor and bidders/vendor's insurance carrier shall waive any and all rights whatsoever with regard to subrogation against Calhoun County and its respective officials, employees, and insurers as an indirect party to any suit arising out of personal or property damages resulting from bidder's/vendor's performance under this Bid, RFP, RFC, and/or Contract. Insurers and all policies of insurance provided shall contain a provision and/or endorsement stating that the insurance carriers and underwriters waive all rights of subrogation in favor of Calhoun County and its respective officials, employees, and insurers. Bonds: If the Bid, or RFP, requires submission of bid or proposal guarantee and performance bond, there will be a separate page explaining those requirements. Bids or RFPs submitted without the required bid bond or cashier's checks are not acceptable. Taxes: Calhoun County is exempt from all sales tax (state, city and county sales tax) and federal excise taxes under Section 151.309 of the Texas Tax Code. Tax exempt forms will be furnished upon request to the bidder/vendor. Tax exempt forms can be obtained from the Calhoun County Auditor's Office. Bidder/vendor is to issue its Texas Resale Certificate to vendors and subcontractors for such items qualifying for this exemption, and further, bidder/vendor should state these items at cost. Pricing: Prices for all products/goods, services, and/or contracts shall be firm for the duration of the Bid, RFP, and/or Contract and shall be stated on the Bid, RFP, and/or Contract form. Prices shall be all inclusive. All prices must be written in ink or typewritten and must be legible. Pricing on all transportation, freight, and other charges are to be prepaid by the bidder/vendor and included in the Bid, RFP, and/or Contract prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, bidder/vendor must indicate the items required and their costs or forfeit the right to payment for such items. Additional charges added to the Bid, RFP, and/or Contract prices may void the Bid, RFP, and/or Contract. Where unit pricing and extended pricing differ, unit pricing prevails. Inspections: Calhoun County reserves the right to inspect any products/goods or service location for compliance with specifications and requirements and needs of the using department before accepting them. When applicable, Calhoun County reserves the right to enter upon any County leased premises at any time to inspect said premises. Page 17 of 51 Testing: Calhoun County reserves the right to test equipment, supplies, materials, and products/goods bid, proposed, and/or agreed upon for quality, compliance with specifications and ability to meet the needs of the user. Should the equipment, supplies, materials, products/goods and/or services fail to meet requirements and/or be unavailable for evaluation, the Bid, RFP, and/or Contract is subject to rejection. Material Safety Data Sheets: Under the "Hazardous Communications Act", commonly known as the "Texas Right To Know Act", a bidder/vendor must provide to Calhoun County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the bidder/vendor to furnish this documentation will be cause to reject any Bid, RFP, and/or Contract applying thereto. Awards: Calhoun County reserves the right to award this Bid, RFP, RFQ and/or Contract on the basis of lowest and/or best Bid, RFP, RFC, and/or Contract that met specifications in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one bidder/vendor, to reject any or all Bids, RFPs, RFQs, and/or Contracts and to be the sole judge in determining which Bid, RFP, RFC, and/or Contract will be most advantageous to Calhoun County. Calhoun County will evaluate and may award a Bid, RFP, RFQ, and/or Contract based on lowest and/or best Bid, RFP, RFQ, and/or Contract meeting specifications. "Lowest and/or best Bid, RFP, RFC, and/or Contract" means a bid or offer providing the best value considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties, the county's past experience with the bidder/vendor and customer service after a sale. Calhoun County reserves the right to accept and/or reject any/all of the options Bid, any/all of the RFPs, any/all of the RFQs, and/or any/all of the Contracts as it deems to be in the best interest of the County. An award is final only upon formal execution by Calhoun County Commissioners Court. Per Local Government Code, Sec. 262.027, Calhoun County reserves the right to reject all Bids, RFPs, RFQs, and/or Contracts and to go out for new Bids, RFPs, RFQs, and/or Contracts. In the event of tie Bids, RFPs, RFQs, and/or Contracts, the winning Bid, RFP, RFC, and/or Contract is determined per the Texas Local Governmental Code 262.027(b). Calhoun County, Texas is an Affirmative Action/Equal Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identity, religion, age or handicapped status in employment or the provision of services. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms are encouraged to submit Bids, RFPs, RFQs, and/or Contracts. Assignment: The successful bidder/vendor may not assign, sell, sublease or otherwise transfer the Bid, RFP, RFQ and/or Contract without first obtaining the written approval of Calhoun County Commissioners Court. A change in ownership or management shall cancel the Bid, RFP, RFQ and/or Contract unless a mutual agreement is reached with the new owner or manager to continue the Bid, RFP, RFQ and/or Contract under the awarded provisions and approved by Calhoun County Commissioners Court. Term of the Bid RFP RFQ. and/or Contract: If the Bid, RFP, RFC, and/or Contract is intended to cover a specific time period, said time will be given in the specifications, instructions, and/or contracts. Page 18 of 51 Oblioation of the Bid. RFP, RFQ, and/or Contract: Bids, RFPs, RFQs, and/or Contracts are awarded only upon formal execution by Calhoun County Commissioners Court. If a contract is required, the Calhoun County Judge or other person authorized by Calhoun County Commissioners Court must sign the contract before it becomes binding on Calhoun County. No person is authorized to sign contracts until authorized by Calhoun County Commissioners Court. Calhoun County is not responsible for any contract signed without Commissioners Court approval. Delivery: All items shall be shipped F.O.B. inside (or site location) delivery unless otherwise stated in the specifications. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes Calhoun County to purchase supplies from the next lowest bidder/vendor that met specifications. Reiections: Articles not in accordance with samples and specifications must be removed by the bidder/vendor at the bidder's/vendor's expense. All disputes concerning quality of equipment, supplies, materials, products/goods, and/or services delivered under this Bid, RFP, RFQ and/or contract will be determined by Calhoun County Commissioners Court or their designated representative. Termination: Calhoun County reserves the right to terminate the Bid, RFP, RFC, and/or Contract for default if the bidder/vendor breaches any of the terms therein, including warranties of bidder/vendor or if the bidder/vendor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper products/goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Calhoun County's satisfaction and/or to meet all other obligations and requirements. Bids, RFPs, RFQs, and/or Contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified. The bidder/vendor or Calhoun County must state therein the reasons for such cancellation. Calhoun County reserves the right to award cancelled Bid, RFP, RFC, and/or Contract to the next lowest and best bidder/vendor that met specifications and is deemed to be in the best interest of Calhoun County. Delinquent Property Taxes: Calhoun County reserves the right to reject any Bid, RFP, RFQ and/or Contract submitted by bidder/vendor owing delinquent property taxes to Calhoun County, Texas. If the bidder/vendor subsequently becomes delinquent in the payment of Calhoun County taxes this may be grounds for cancellation of the Bid, RFP, RFQ and/or Contract. Despite anything to the contrary, if the bidder/vendor is delinquent in payment of Calhoun County taxes at the time of invoicing, bidder/vendor assigns any payments to be made under this Bid, RFP, RFC, and/or Contract to the Calhoun County Tax Assessor Collector for the payment of delinquent taxes. Certificate of Interested Parties - Form 1295 Section 2252.908 was added to the Government Code by the 841h Texas Legislature through adoption of House Bill 1295. Senate Bill 255 adopted by the 851h Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Page 19 of 51 Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal: https://www.ethics.state.tx.us/whatsnew/elf—info—forml295.htm. The law states that a County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) has been completed and provided to the County at the time the contract is considered for action by Commissioners Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract (Bids, RFPs, and/or RFQs also require Form 1295). The law does not apply to a Bid, RFP, RFQ and/or Contract between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within thirty (30) days of approving a contract, and/or awarding aBid, RFP, RFQ,and/or Contract with a business entity. Governmental transparency is the objective of the law. A business entity must generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. An authorized agent of the business entity must sign and complete the bottom portion of the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct. Calhoun County Commissioners Court will not consider for action any Contract with a business entity unless it is accompanied by a completed and signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. A business entity will generate Form 1295 online after notification of award and submit with their signed contract. (See Attachment A to General Conditions) No laterthan thirty (30) days after Calhoun County Commissioners Court approves a contract with a business entity, the Calhoun County Clerk will file acknowledgement of receipt of the Form 1295 with the Texas Ethics Commission. The Texas Ethics Commission will post the completed Form 1295 to its website within seven (7) business days after Calhoun County acknowledges receipt of the form. Debarment: Bidder/vendor certifies that at the time of submission of its (their) Bid, RFP, RFQ and/or Contract, the bidder/vendor, as well as the bidder's/vendor's principals, are not on the federal government's list of suspended, ineligible or debarred bidders/vendors and that the bidder/vendor and its (their) principals have not been placed on this list between the time of the Bid, RFP, RFQ and/or Contract submission and the time of execution of the Bid, RFP, RFQ and/or Contract. A print out of the search results that includes the record date showing that the Company, and its Principals, if any, have an active registration with the System for Award Management (www.SAM.gov) AND are not Page 20 of 51 debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM) must be included with the bidder's/vendor's Bid, RFP, RFC, and/or Contract. If bidder/vendor or its (their) principals are placed on this list during the term of the Bid, RFP, RFO, and/or Contract, the bidder/vendor shall notify the Calhoun County Auditor. False certification or failure to notify may result in termination of the Bid, RFP, RFO, and/or Contract for default. Invoices and Payments: All invoices are subject to approval by the Calhoun County Auditor's Office. Invoices shall be billed to Calhoun County to the attention of the County Department that the invoice pertains to and, if applicable, have all necessary backup information needed. Invoices shall be itemized (detailed) and free of sales tax (state, city and county sales tax) and federal excise taxes, if applicable. Invoices that are not billed to Calhoun County to the attention of the County Department that the invoice pertains to, not itemized (detailed) and/or free of sales tax (state, city and county sales tax) and federal excise taxes, if applicable, may be returned to the bidder/vendor for corrections. Calhoun County will not incur any fees and/or charges for this request and/or delay in payment of the invoice(s) that was originally submitted incorrectly. Approval of payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the Calhoun County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the Calhoun County Treasurer's Office by the deadline time and date set forth by the Treasurer's office. No payment can be made or mailed out until approved by Calhoun County Commissioners Court. Purchase order due dates/times and Commissioners Court dates/times are subject to change. Calhoun County's obligation is payable only and solely from funds available forthe purpose of this purchase. Lack of funds shall render the order null and void to the extent funds are not available and any delivered but unpaid goods will be returned to the seller by the county. Gratuities: Calhoun County may, by written notice to the bidder/vendor, cancel any order and/or service without liability, if it is determined by Calhoun County that gratuities, in theform of entertainment, gifts, orotherwise were offered or given by the bidder/vendor, or any agent or representative of the bidder/vendor to any official, employee, or agent of Calhoun County with a view toward securing a Bid, RFP, RFC, Contract, order, and/or service. In the event a Bid, RFP, RFQ, Contract, order, and/or service is canceled by Calhoun County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by bidder/vendor in providing such gratuities. Warranty Product: Bidder/vendor warrants that products/goods sold to and/or services provided to Calhoun County shall conform to the highest commercial and/or professional standards in the industry and laws established by the U.S. Department of Labor, U.S. Department of Homeland Security, Occupational Safety and Health Administration and OSHA Act of 1970. In the event products/goods sold and/or services provided do not conform to OSHA Standards, where applicable, Calhoun County shall return the product/item for correction or replacement at the bidder's/vendor's expense. In the event that services do not conform to OSHA Standards, Calhoun County Page 21 of 51 may immediately stop the services and seek reimbursement for said services at the bidder's/vendor's expense. in the event the bidder/vendor fails to make the appropriate correction within a reasonabletime, correction made by Calhoun County shall be at the bidder's/vendor's expense. Bidder/vendor shall not limit or exclude any implied warranties and any attempt to do so shall render this Bid, RFP, RFC, and/or Contract voidable at the option of Calhoun County. Bidder/vendor warrants that the products/goods and/or services furnished and/or performed will conform to the specifications, scope of work, general conditions, drawings, and/or descriptions listed in the Bid, RFP, RFC, and/or Contract and to the sample(s) furnished by bidder/vendor, if any. In the event of a conflict between the specifications, scope of work, general conditions, drawings, and/or descriptions, the specifications shall govern. All products/goods must be new, in first class condition, unless otherwise specified. The design, strength and quality of materials must conform to the highest standards of manufacturing practice. Products/goods, and/or services supplied and/or performed under this Bid, RFP, RFQ and/or Contract shall be subject to Calhoun County's approval. Successful bidder/vendor shall warrant that all products/goods and/or services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Any products/goods and are services found defective or not meeting specifications shall be picked up and promptly replaced or corrected to Calhoun County's satisfaction by the successful bidder/vendor at no expense to Calhoun County. Cancellation: Calhoun County shall have the right to cancel for default all or any part of the undelivered portion of an order and/or services if bidder/vendor breaches any of the terms hereof including warranties of bidder/vendor, or if the bidder/vendor becomes insolvent or files for protection under the bankruptcy laws. Such rights of cancellation are in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Calhoun County shall not incur any fees and/or charges related to the cancellation. The bidder/vendor shall be responsible for any fees and/or charges that are related to the cancellation. Force Majeure: Force Majeure means a delay encountered by a party in the performance of its obligations under this Bid, RFP, RFQ and/or Contract, which is caused by an event beyond the reasonable control of that party. Without limiting the generality of the foregoing, "Force Majeure" shall include but not be restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. In the event of a Force Majeure, the affected party shall not be deemed to have violated its obligations under this Bid, RFP, RFQ, and/or Contract, and the time for performance of any obligations of that party shall be extended by a period of time necessary to overcome the effects of the Force Majeure, provided that the foregoing shall not prevent this Bid, RFP, RFC, and/or Contract from terminating in accordance with the termination provisions. If any event constituting a Force Majeure occurs, the affected party shall notify the other parties in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. Page 22 of 51 Waiver: No claim or right arising out of a breach of any Bid, RFP, RFC, and/or Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Applicable Law: To the extent it is applicable, this Bid, RFP, RFC, and/or Contract shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used it shall be construed as meaning the "Uniform Commercial Code" as adopted in the State of Texas as effective and in force on the date of this Bid, RFP, RFC, and/or Contract. Otherwise, Texas state and federal law shall apply. Prohibition against Personal Interest in Bids RFPs, RFQs, and/or Contracts: No official, employee, or agent of Calhoun County shall have financial interest, direct or indirect, in any Bid, RFP, RFQ and/or Contract with Calhoun County, or shall be financially interested, directly or indirectly, in the sale/lease to Calhoun County of any land, materials, supplies, or service, except on behalf of Calhoun County as an official, employee, or agent. Any willful violation of this section shall constitute malfeasance in office, and any official, employee, or agent guilty thereof shall be subject to disciplinary action under applicable laws, statutes and codes of the State of Texas. Any violation of this section, with the knowledge, expressed or implied of the company, corporation, firm, partnership, or individual contracting with Calhoun County shall render the Bid, RFP, RFQ and/or Contract involved voidable by the Calhoun County Commissioners Court. Insurance: Proof (copy of bidder's/vendor's current insurance) of the below listed insurance may be required to be returned with the Bid, RFP, RFQ, and/or Contract. As additional security for Calhoun County and as separate obligations of bidder/vendor not in conjunction with any other provisions of the Bid, RFP, RFC, and/or Contract, bidder/vendor agrees to carry and maintain during the term of the Bid, RFP, RFC, and/or Contract the minimum insurance coverages stated below. Before commencing work, the successful bidder/vendor shall be required, at his own expense, to furnish the Calhoun County Auditor within ten (10) days of notification of award with a certificate(s) of liability insurance (Form ACORD 25 or equivalent) showing, at least, the following minimum insurance coverage to be in force throughout the term of the Bid, RFP, RFC, and/or Contract. Higher rates and/or additional coverage may apply depending upon type of Bid, RFP, RFQ and/or Contract. o General Liability ($100,000/$300,000 or greater) o Workers' Compensation (at Statutory Limits) o Employer's Liability ($1,000,000 or greater) o Auto Insurance ($100,000 BIPP/$300,000 BIPO/$100,000 PD or greater) o Professional Liability Insurance (if applicable) o Farm Liability Insurance (if applicable) Coverages shall apply on an occurrence basis. The certificate(s) must reflect, by policy endorsement, that Calhoun County, Texas is an additional insured on all required policies. Each certificate of liability insurance (Form ACORD 25 or equivalent) to be furnished by successful bidder's/vendor's insurance agent shall include, by endorsement to the policy, a statement that a notice shall Page 23 of 51 be given to the Calhoun County Auditor by certified mail thirty (30) days prior to cancellation, material change, or non -renewal in coverage. Calhoun County's receipt of or failure to object to any insurance certificates or policies submitted by the bidder/vendor does not release or diminish in any mannerthe liability or obligations of the bidder/vendor or constitute a waiver of any of the insurance requirements for the Bid, RFP, RFQ and/or Contract. Replacement certificate(s) of liability insurance (Form ACORD 25 or equivalent) evidencing continuation of such coverage and naming, by policy endorsement, Calhoun County as an additional insured, shall be furnished to the Calhoun County Auditor's office prior to the expiration of the current policies. Should bidder/vendor at any time neglect, refuse to provide, or cancel the insurance required, Calhoun County shall have the right to terminate the Bid, RFP, RFQ and/or Contract or pursue any remedy available by law. The insurance coverage requirements in the Bid, RFP, RFQ and/or contract will in no way be construed as limiting the scope of indemnification. OSHA Requirements: Bidder/vendor must meet all Federal and State OSHA requirements. The bidder/vendor hereby guarantees to Calhoun County that all materials, supplies, equipment and/or services listed on the Bid, RFP, RFC, Contract, Purchase Order or Invoice shall conform to the requirements, specifications and standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. Protest Procedures: All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. Any actual or prospective bidder/vendor who believes they are aggrieved in connection with or pertaining to a Bid, RFP, RFC, and/or Contract may file a protest. The protest must be delivered in writing to the Calhoun County Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: o Name, mailing address and business phone number of the protesting party; o Appropriate identification of the Bid, RFP, RFQ and/or Contract being protested; o A precise statement of the reasons for the protest; and o Any documentation or other evidence supporting the protest and any alleged claims. The Calhoun County Auditor's Office will attempt to resolve the protest, including at the County Auditor's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Calhoun County Commissioners Court. If the Calhoun County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Calhoun County Commissioners Court. Applicable documentation and other information applying to the protest will be forwarded to Calhoun County Commissioners Court, who will promptly review such documentation and information. If additional information is required, Calhoun County Commissioners Court will notify the protesting party to provide such information. The decision of Calhoun County Commissioners Court will be final. Page 24 of 51 Public Information Act: All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Bidder/Vendor waives any obligation to the release to the public of any documents submitted in accordance with the Bid, RFP, RFQ, and/or Contract. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. CALHOUN COUNTY AUDITOR To request information from Calhoun County, please contact: Calhoun County Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 The Packet, Invitation for Bids, Request for Proposals and/or Request for Qualifications are posted on Calhoun County's website, www.calhouncotx.org, under Public Notices, Bid Notices and Results. Page 25 of 51 ATTACHMENT A CALHOUN COUNTY, TEXAS GENERAL CONDITIONS CERTIFICATE OF INTERESTED PARTIES FORM 1295 A business entity will generate Form 1295 online after notification of award and submit with their signed contract. Form 1295 must be filled out and submitted online, printed, complete #6, signed and returned with the Agreement, Contract, or Lease. See Calhoun County, Texas — Policy of Compliance TO FILL OUT FORM 1295: Go to: https://www.ethics.state.tx.us/File 1. If you have an account, log in and proceed with the process or if you do not have an account, follow the instructions to set up an account and then proceed with the process. 2. Submit and print a copy of the form which will contain a unique certification number and date submitted in the upper right hand box that is marked "Office Use Only". 3. The Respondent or an authorized agent of the Respondent must sign and date the printed copy of the form (making sure all of #6 is completed). 4. The completed Form 1295 must be included with your Agreement, Contract or Lease, when it is submitted to Calhoun County. For help in filling out the form: #1 Name of Business Entity filing the form, and the City, State and Country of the Entity's place of business #2 Calhoun County, Texas (Also, if applicable, insert name of County Department) #3 • Contract number, if not given, can be the year or dates associated with the Agreement, Contract, Lease or if for a Bid, RFP, or RFQ the Bid, RFP, RFQ number and dates the Bid, RFP, RFQ pertains to • Description is description of Agreement, Contract, Lease or name of Bid, RFP, RFQ On #4 and #5, complete only the one that applies to you #4 Fill in the correct information if this applies OR #5 Mark an X in the Box if this applies #6 Fill in the correct information, submit and print After printing, the respondent or an authorized agent of the respondent must sign and date (making sure all of #6 is completed) When you print you should see a Certificate Number and Date in the upper right hand box that is marked "Office Use Only". Page 26 of 51 CERTIFICATE OF INTERESTED PARTIES FORM 1295 OFFICE USE ONLY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. f� 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 3 Provide the identification number used by the governmental entity or state agency to tjj;Ajk o identify the contract, and provide a description of the services, goods, or other property to be provided a contract. `u V 4 City, State, Country ature of Interest (check applicable) Name of Interested Party (place of business) Eft Controlling Intermediary 5 ❑Check only if there I terested Party. 5 t1NSWORNDEC♦!!� N My name is �`` and my date of birth is My addr`e• 0i (-� (street) (city) (state) (zip code) (country) �dQ�lN under penalty of perjury that the foregoing is true and correct. \Executed in County, State of , on the day of , 20_ (month) (year) Signature of authorized agent of contracting business entity (Declarant) ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission w .ethics.state.tx.us Revised 12/22/2017 Page 27 of 51 Calhoun County, Texas POLICY OF COMPLIANCE SECTION 2252.908 TEXAS GOVERNMENT CODE Approved by Commissioners Court January 28, 2016 Amended by Commissioners Court January 31, 2018 and September 14, 2022 BACKGROUND Section 2252.908 was added to the Government Code by the 841h Texas Legislature through the adoption of House Bill 1295. The law states that the County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) is provided to the county at the time the contract is considered for action by Commissioner's Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract. The law does not apply to a contract between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within 30 days of approving a contract with a business entity. Governmental transparency is the objective of the law. Senate Bill 255 adopted by the 85th Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal https://www.ethics.state.tx.us/whatsnew/elf_ info _form1295.htm. A business entity will generate Form 1295 online. Calhoun County will acknowledge online the receipt of Form 1295 after a contract is executed. Within seven business days, Form 1295 will be available for public viewing on the Commission's website. COMPLAINCE Calhoun County Commissioners Court will not consider for action any contract with a business entity unless it is accompanied by a completed, signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. No later than 30 days after Commissioner's Court approves a contract with a non-exempt business entity, the County Clerk will file acknowledgement of receipt of the Form 1295 with the Texas Ethics Commission. Page 28 of 51 STATE OF TEXAS {} COUNTY OF the or Print Name) AFFIDAVIT being first duly sworn, deposes and says: that he or she is of having its (Type or Print Title) (Type or Print Name of Company/firm) principal address at (Type or Print Physical and Mailing Address) who submits herewith to Calhoun County the attached bid/proposal; that he or she is the person whose name is signed to the attached bid/proposal; that said bid/proposal is genuine; that the same is not sham or collusive; that all statements of fact herein are true; and that such bid/proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not herein named or disclosed. Affiant further deposes and says: that the bidder/proposer has not directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interests of Calhoun County, or of any other bidder/proposer, or anyone else interested in the bid/proposal contract; and that the bidder/proposer has not in any manner sought by collusion to secure for himself/herself/itself/themselves an advantage over any other bidder/proposer. Affiant further deposes and says: that prior to the public opening and reading of bids/proposals, said bidder/proposer: a) did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b) did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder/proposer or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from submitting a bid/proposal or withdraw their bid/proposal; c) did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix the bid price/proposal of said bidder/proposer or of anyone else, or to raise or fix any overhead, profit or cost element of their price/fee or of that of anyone else; d) did not give, offer 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 any official, employee or agent of Calhoun County in connection with the submitted bid/proposal; and e) did not, directly or indirectly, submit their bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative hereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent, thereof, to any individual or group of individuals, or to any official, employee or agent of Calhoun County prior to the official opening of this bid/proposal. Affiant further deposes and says: that the bid price(s) or proposed fees contained in this bid/proposal have been carefully checked and is submitted as true and correct, agrees to furnish any and/or all items/services upon which bid prices or proposed fees are awarded and upon the conditions and requirements contained in the bid/proposal. Signature of Affiant Printed Name and Title of Affiant SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath, states that the facts contained in the above are true and correct, this day of , 20_. Signature of Notary Public Notary Stamp/seal Page 29 of 61 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (if) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the off !car one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us rteviseo nr�wzuio Page 30 of 51 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be riled. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1J Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate tiling authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3J Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts .A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? FlYes F� No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? E7Yes F-1 No 6 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/3012015 Page 31 of 51 DEBARMENT & SUSPENSION Executive Order 12549--Debarment and Suspension Source: The provisions of Executive Order 12549 of Feb. 18, 1986, appear at 51 FR 6370, 3 CFR. 1986 Comp., p. 189, unless otherwise noted. By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that: Section 1. (a) To the extent permitted by law and subject to the limitations in Section I (c), Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of a participant in a program by one agency shall have government -wide effect. (b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees. (c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment. Sec. 2. To the extent permitted by law, Executive departments and agencies shall: (a) Follow government -wide criteria and government -wide minimum due process procedures when they act to debar or suspend participants in affected programs. (b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5. (c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that patty from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, 1 intend that exceptions to this policy should be granted only infrequently. See. 3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6. The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines. Page 32 of 51 Sec. 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which shall monitor implementation of this Order. The Committee shall consist of representatives of agencies designated by the Director of the Office of Management and Budget. Sec. 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded from program participation under this Order. periodically distribute the list to Federal agencies. and study the feasibility of automating the list; coordinate with the lead agency responsible for government -wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order. Sec. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government -wide criteria and government -wide minimum due process procedures, and set forth other related details for the effective administration of the guidelines. Sec. 7. The Director of the Office of Management and Budget shall report to the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make recommendations as are appropriate further to curb firaud, waste, and abuse. Implementation in the SRF Programs A company or individual who is debarred or suspended cannot participate in primary and lower -tiered covered transactions. These transactions include SRF loans and contracts and subcontracts awarded with SRF loan funds. Under 40 C.F.R. 32.510, the SRF agency must submit a certification stating that it shall not knowingly enter into any transaction with a person who is proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the SRF program. This certification is reviewed by the EPA regional office before the capitalization grant is awarded. A recipient of SRF assistance directly made available by capitalization grants must provide a certification that it will not knowingly enter into a contract with anyone who is ineligible under the regulations to participate in the project. Contractors on the project have to provide a similar certification prior to the award of a contract and subcontractors on the project have to provide the general contractor with the certification prior to the award of any subcontract. In addition to actions taken under 40 C.F.R. Part 32, there are a wide range of other sanctions that can render a party ineligible to participate in the SRF program. Lists of debarred, suspended and otherwise ineligible parties are maintained by the General Services Administration and should be checked by the SRF agency and all recipients of funds directly made available by capitalization grants to ensure the accuracy of certifications. Additional References C 40 C.F.R. Part 32: EPA Regulations on Debarment and Suspension. Page 33 of 51 CERTIFICATION REGARDING DEBARMENT & SUSPENSION AND OTHER RESPONSIBILITY MATTERS In accordance with the Executive Order 12549, the prospective primary participant certifies to the best of his / her knowledge and belief, that its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (b) of this certification. d. Have not within a three-year period preceding this application / proposal had one or more public transactions (federal, state, or local) terminated for cause of default. e. Acknowledge that all sub -contractors selected for this project must be in compliance with paragraphs (1) (a — d) of this certification. Name and Title of Authorized Agent Signature of Authorized Agent I am unable to certify to the above statements. My explanation is attached. Date Page 34 of 51 Certification Regarding Lobbying (To be submitted with each bid or offer exceeding $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 at seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Printed Name and Title of Contractor's Authorized Official Date Page 35 of 51 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure farm shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enterthe date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the sub awardee, e.g., the first sub awardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Sub awardee;' then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services,and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348- 0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046). Washington, DC 20503 Approved by OMB 0348-0046 Page 36 of 51 Approved by OMB Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for nubile burden disclosure) 0348-0046 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a, bid/offer/application a. initial filing _ b. grant _ b. initial award _ b. material change c. cooperative agreement c. post -award it. loan For material change only: e. loan guarantee Year quarter_ f. loan insurance Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Prime _ Subawardee Name and Address of Prime: _ Tier_, if Known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, ifapplicable: 8. Federal Action Number, ifbrown: 9. Award Amount, ifknown: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address iJ' (ifludividual, last name,first name, MI): differentfmtn No. I0a) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This Signature: disclosure of lobbying activities is a material representation of fact upon which reliance was placed Print Name: by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 Title: U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public Telephone No.: Date: inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than 510,000 and not more than $100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) Page 37 of 51 HOUSE BILL 89 VERIFICATION FORM Certification Required by Texas Government Code Section 2270.001 The 8511 Texas Legislature approved new legislation, effective September 1, 2017, which amends Texas Local Government Code Section 1, Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a government entity may not enter into a contract (which includes contracts formed through purchase orders) with a company for goods or services unless the contract contains a written verification from the company that it: 1) Does not boycott Israel; and 2) Will not boycott Israel during the term of the contract Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. I, (authorized official) . do herebyverify the truthfulness and accuracy of the contents of the statements submitted on this certification underthe provisions of Subtitle F, Title 10, Government Code Chapter 2270 and that the company named below: 1) Does not boycott Israel currently; 2) Will not boycott Israel during the term of the contract; and 3) Is not currently listed on the State of Texas Comptroller's Companies that Boycott Israel List located at https://comptroller texas.gov/purchasing/publications/divestment.php Company Name Signature of Authorized Official Title of Authorized Official Printed Name of Authorized Official Date Page 38 of 51 INSERT CERTIFICATE OF PROFESSIONAL LIABILITY INSURANCE e Must include proof (a copy) of your Current Certificate of Professional Liability Insurance Page 39 of 51 RESIDENCE CERTIFICATION Pursuant to Texas Government Code §2252.001 et seq., as amended, Calhoun County requests Residence Certification. §2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contract; pertinent provisions of §2252.001 are stated below: Sec. 2252.001 (3) "Nonresident bidder" refers to a person who is not a resident. ❑ 1 certify that (4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. is a "Nonresident Bidder" of Texas (Company Name) as defined in Government Code §2252.001 and our principal place of business is (City and 5t8te) ❑ I certify that (Company Name) defined in Government Code §2252.001. Signature of Authorized Agent Printed Name and Title of Authorized Agent Date is a "Resident Bidder" of Texas as Page 40 of 51 INSERT SYSTEM FOR AWARD MANAGEMENT (SAM) RECORD SEARCH FOR COMPANY AND COMPANY'S PRINCIPAL(S), IF ANY • Must include a printout of the search results that includes the record date showing that the Company, and its Principals, if any, have an active registration with the System for Award Management (www.SAM.gov) AND are not debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM). Page 41 of 61 REQUIRED CONTRACT PROVISIONS 2 CFR 200.326 Contract provisions. The non -Federal entity's contracts must contain the applicable provisions described in Appendix II to Part 200—Contract Provisions for non -Federal Entity Contracts Under Federal Awards. The non -Federal entity's contracts must contain the applicable provisions described in Appendix II to Part 200—Contract Provisions for non -Federal Entity Contracts Under Federal Awards. All Contracts THRESHOLD PROVISION CITATION Contracts for more than the simplified acquisition threshold currently set at >$150,000 $150,000, which is the inflation adjusted amount determined by the Civilian 2 CFR 200 (Simplified Agency Acquisition Council and the Defense Acquisition Regulations Council APPENDIX II Acquisition (Councils) as authorized by 41 U.S.C. 1908, must address administrative, (A) Threshold) contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. All contracts in excess of $10,000 must address termination for cause and for 2 CFR 200 >$10,000 convenience by the non -Federal entity including the manner by which it will be APPENDIX h effected and the basis for settlement. (B) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of 'Yunding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or 2 CFR 200 None performance of experimental, developmental, or research work under that "funding APPENDIX 11 (F) agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency' Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government - wide exclusions in the System for Award Management (SAM), in accordance with 2 CFR 200 the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR APPENDIX II None part 1986 Comp., p.189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment (H) and Suspension.' SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or re2ulatory authority other than Executive Order 12549. Records of non -Federal entities. The U.S. Department of Housing and Urban Development (HUD), Inspectors General, the Comptroller General of the United States, the Texas General Land Office (GLO), and the pass -through entity, or any of their authorized representatives, must have the right of access to any None documents, papers, or other records of the non -Federal entity which are 2 CFR 200.336 pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the non -Federal entity's personnel for the purpose of interview and discussion related to such documents. Financial records, supporting documents, statistical records, and all other non - Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to 2 CFR 200.333 None the Federal awarding agency or pass -through entity in the case of a subrecipient. Federal awarding agencies and pass -through entities must not impose any other record retention requirements upon non -Federal entities. The only exceptions are the following: Page 42 of 51 (a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. (b) When the non -Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass -through entity to extend the retention period. (c) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. (d) When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 3-year retention requirement is not applicable to the non -Federal entity. (a) Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. (f) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the pass -through entity) to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission. (2) if not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass -through entity) for negotiation purposes, then the 3-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a) The non -Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include: None (1) Placing qualified small and minority businesses and women's business 2 CFR 200.321 enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; Page 43 of 51 (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Verification No Boycott Israel. As required by Chapter 2270, Government Code, CONTRACTOR hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" Texas means refusing to deal with, terminating business activities with, or otherwise taking Government None any action that is intended to penalize, inflict economic harm on, or limit commercial Code 2270.002 relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. Foreign Terrorist Organizations. Pursuant to Chapter 2252, Texas Government Code, [Company] represents and certifies that, at the time of execution of this Agreement neither [Company], nor any wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of the same (i) engages in business with Iran, Sudan, or Texas any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government None Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, Code 2252.152 or (ii) is a company listed by the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" in this paragraph has the meaning assigned to such term in Section 2262.151 of the Texas Government Code. Option Contract Language for The contract award is contingent upon the receipt of CDBG-DR funds. If no such Optional contracts awarded prr to io funds are awarded, the contract shall terminate. Grant Award Page 44 of 51 EO Clause for Construction Contracts > $10K including administration & engineering contracts associated with construction contracts THRESHOLD PROVISION CITATION Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, 41 CFR §60- >$10,000 "Equal Employment Opportunity" (30 FIR 12319, 12935, 3 CFR Part, 1964-1965 1.4(b) and Comp., p. 339), as amended by Executive Order 11375, "Amending Executive 2 CFR 200 Order 11246 Relating to Equal Employment Opportunity," and implementing APPENDIX II (C) regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 41 CFR 60-1.4 Equal opportunity clause. (b) Federally assisted construction contracts. (1) Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or Page 45 of 51 individuals who do not otherwise have access to such information, unless sucn disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24. 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Page 46 of 51 regulations, and relevant orders or the secretary or Laoor, mat it win rurn15n me administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. (d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Director of OFCCP may designate. (a) Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written. (f)Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify property the parties and their undertakings. Page 47 of 51 THRESHOLD PROVISION CITATION Compliance with the Davis -Bacon Act (40 U. S.C. 3141 at seq.) as supplemented by Department of Labor regulations (29 CFR part 5) and with the Copeland Anti -Kickback" Act (18 U.S.C. 874; 40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR part 3): Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing >$2,000 wages specified in a wage determination made by the Secretary of Labor. In 2 CFR 200 addition, contractors must be required to pay wages not less than once a week. APPENDIX II (D) The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer >$100,000 on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not 2 CFR 200 less than one and a half times the basic rate of pay for all hours worked in excess APPENDIX 11 (E) of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations 2 CFR 200 >$150,000 issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal APPENDIX 11 (G) Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA)._ Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid 2 CFR 200 for an award exceeding $100,000 must file the required certification. Each tier APPENDIX 11 (1) >$100,000 certifies to the tier above that it will not and has not used Federal appropriated and funds to pay any person or organization for influencing or attempting to influence 24 CFR an officer or employee of any agency, a member of Congress, officer or §570.303 Page 48 of 51 employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause): A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and >$100,000 training positions, the qualifications for each; and the name and location of the 24 CFR §135.38 person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) Page 49 of 51 preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the 2 CFR 200 item exceeds $10,000 or the value of the quantity acquired during the preceding APPENDIX II (J) fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19. 2014ndatory standards and policies relating to energy efficiency which are tained in the state energy conservation plan issued in compliance with the J 42 U.S.C. 62ergy Policy and Conservation Act. Page 50 of 61 Rating Sheet Engineering, Architectural, and Surveying Services For the Calhoun County Crabbin Bridge Project RFQ 2023.06 Recipient: Calhoun County Name of Respondent: Evaluator's Name: _ Matagorda Bay Mitigation Trust Date of Rating: Experience -- Rate the respondent for experience in the following areas: Factor Max.Pts. Score 1. Has previously designed type of projects 20 2. Has worked on federally funded construction projects 15 3. Has worked on projects that were located in this general region. Note: Location for A/E (Architect/Engineer) may be a selection criterion provided its application leaves an appropriate number z" of qualified firms, given the nature and size of the project to compete for the contract. 2 CFR 200.319(b) 4. Extent of experience in project construction manageme _ 5 Subtotal, Experience - EnterBetCe -" 60 FS k Work Performance Max.Pts. Score Factor- "--'p- 1. Past projects completed on schedule 4 - -,10 2. Manages projects within budgO5ry constraints 5 3. Work product is of high quality,,-. _ ;'" 10 Suthttal. Perormance-Enter Below 25 Comments necessary to assess the respondent on these criteria may be gathered from past experience with the respondent Facto r+ ,:." Max Pts. Score 1. Staff Level / Expe?i$ offSi6£i` 5 2. Adequacy of Resources 5 3. Professional liability insurance is in force 5 -__ ___._._...---__.-- Subtotal, Capacity to Perform - Enter Below 15 TOTAL SCORE FROM EACH ABOVE CATEGORY Factor ❑ Experience Max.Pts. Score 60 ❑ Work Performance 25 ❑ Capacity to Perform 15 TOTALSCORE 100 Page 51 of 51 # 22 I NOTICE OF MFF HNG — 5/10/2023 22. Consider and take necessary action to approve the following policies and applications for the Calhoun County Library: (RHM) a. Volunteer Application and Policy b. Community Service Application and Policy c. Revised Unattended Children Policy d. Chromebook Lending Agreement RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, CommissionerHall, Lyssy, Behrens, Reese Page 19 of 24 Mae Belle Cassel From: dsanchez@cclibrary.org (Dina Sanchez) <dsanchez@cclibrary.org> Sent: Thursday, May 4, 2023 2:26 PM To: Mae Belle Cassel Subject: Commissioner's Court 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. Good afternoon, can you please add the following to the agenda for the next meeting: 1) Consider and take necessary action to approve the Calhoun County Library's Volunteer application and policy. 2) Consider and take necessary action to approve the Calhoun County Library's Community Service application and policy. 3) Consider and take necessary action to approve the Calhoun County Library's revised Unattended Children Policy 4) Consider and take necessary action to approve the Calhoun County Library's Chromebook Lending Agreement 5) Consider and take necessary action to approve the Calhoun County Library's Surplus/Salvage, Waste, and Donations lists for March and April. I'm going to send all the attachments tomorrow (if that is okay). I have a board meeting today and have to get their approval for the applications and policies first. Thank you, Dina Sanchez Calhoun County Library Director (361)552-7323 Calhoun County Texas Calhoun County Public Library Volunteer Policy • If any of the rules on this sheet are not followed, you will be signed out and asked to leave. • No swearing or demeaning comments to our patrons • No insubordination (talking back to or disrespecting Library staff) • The Calhoun County Library will not be held responsible for any lost/stolen phones or personal belongings. • No smoking or chewing of tobacco is allowed regardless of your age. • No weapons of any type • No drugs or alcohol of any type • The volunteer will abide by the following dress code: o No saggy/baggy pants o No crop tops o NoTanktops o No short shorts o Undergarments cannot be seen o No sandals or open toe shoes o No pajamas or slippers o No hats, caps, hoods, bandanas, or sunglasses o No clothing that displays, suggests, or advocates in words or graphics any drug, gang affiliation, violence, profanity, vulgarity, sex, alcohol or tobacco. If you cannot wear it to school, you cannot wear it here. • The Calhoun County Library has the right and authority to accept/deny applicants seeking to volunteer at the library. Calhoun County Public Library Volunteer Policy 1/2 I have read and agree to comply with the Volunteer Policy at the Calhoun County Library. Print Name: Signature: Parent's Signature (If youth is under age 18) Date: Calhoun County Public Library Volunteer Policy 212 Calhoun County PubliC Library Name: Address: Phone Number: Date of Birth: In Case of an Emergency, notify: Name: Phone Number: Special Needs and/or Restrictions: Name of Group/Club: Name of Group I understand and agree that: Volunteer Application Current Age: Relationship to Applicant: a) I will abide by all Calhoun County Public Library rules and regulations. b) The Calhoun County Public Library may contact my Sponsor. Calhoun County Public Library Volunteer Application 1/2 I/we release and discharge the Calhoun County Public Library and its Trustees, Officers, Employees, and Agents from any and all claims, causes of action, losses or other damages resulting from, arising out of or relating in any way to my community service at the Calhoun County Public Library. I affirm that all information in this application is true. Applicant's Signature For Applicants age 17 and younger Parent/Legal Guardian Telephone M Date: Date: Calhoun County Public Library Volunteer Application 2/2 Calhoun County Public Library Community Service Policy • If any of the rules on this sheet are not followed, you will be signed out and asked to leave. • Community Service hours will not be allowed without the CSR timesheet. • No swearing or demeaning comments to our patrons • No insubordination (talking back to or disrespecting Library staff) • The Community Service Worker (CSW) cannot bring children, family, or friends to the library while performing Community Service Restitution (CSR) hours. • The CSW cannot talk to outside friends while completing CSR hours at the Library. • The CSW cannot have their phone on them while completing CSR hours at the Library. • If the CSW brings their phone or any personal belongings into the library, they will have to leave them behind the circulation desk. • The Calhoun County Library will not be held responsible for any lost/stolen phones or personal belongings. • No smoking or chewing of tobacco (this includes Vapes) is allowed regardless of your age. • No weapons of any type • No drugs or alcohol of any type • The CSW will abide by the following dress code: o No saggy/baggy pants o No crop tops o No Tanktops o No short shorts o Undergarments cannot be seen o No sandals or open toe shoes o No pajamas or slippers o No hats, caps, hoods, bandanas, or sunglasses o No clothing that displays, suggests, or advocates in words or graphics any drug, gang affiliation, violence, profanity, vulgarity, sex, alcohol or tobacco. • The Calhoun County Library has the right and authority to accept/deny applicants seeking to do community service at the library. Calhoun County Public Library Community Service Policy 1/2 I have read and agree to comply with the Community Service Policy at the Calhoun County Library. Print Name: Signature: Parent's Signature (If youth is under age 18) Date: Calhoun County Public Library Community Service Policy 2/2 Calhoun County PubliC Library Community Service Application Name: Address: Phone Number: Date of Birth: In Case of an Emergency, notify: Name: Phone Number: Special Needs and/or Restrictions: Name of Supervisor/Probation Officer: Phone # of Supervisor/Probation Officer: I understand and agree that: Current Age: Relationship to Applicant a) 1 will abide by all Calhoun County Public Library rules and regulations. b) The Calhoun County Public Library may contact my Supervisor/Probation Officer. Calhoun County Public Library Community Service Application 1/2 I/We release and discharge the Calhoun County Public Library and its Trustees, Officers, Employees, and Agents from any and all claims, causes of action, losses or other damages resulting from, arising out of or relating in any way to my community service at the Calhoun County Public Library. I affirm that all information in this application is true. Applicant's Signature For Applicants age 17 and younger Parent/Legal Guardian Telephone M Date: Date: Calhoun County Public Library Community Service Application 2/2 Calhoun County Public Library System Unattended Children Policy The Calhoun County Public Library System is a public facility that offers services to a wide range of citizens, and children are especially welcome. The library has the responsibility to provide an environment that is safe and comfortable for every patron who is appropriately using its services and facilities. The library does NOT serve as a daycare service and the Library staff has responsibilities that prevent them from providing appropriate supervision for children. Children and young people are expected to adhere to the same standards of patron conduct expected of adults. Parents, guardians, or assigned chaperones are responsible for the behavior of their children while in the library. Children under the age of seven twelve should never be left unsupervised in any area of the library. If a parent cannot be located within 10 minutes, the staff will call the local law enforcement to report an abandoned child. Children ages twelve and up may be in the library unattended if it is appropriate to their maturity. 91def Unattended children who are disruptive or misbehaving will be asked to leave the library; see policy on "Library Behavior'. If the child cannot safely leave the library to return home on his or her own, staff will either allow the child to remain at the library under close supervision until a parent can be contacted (for no longer than 15 minutes) or will contact the local law enforcement, depending on the severity of the situation. Unattended Children whe are old enough to be in the librar • on their e •* will be asked about transportation approximately fifteen minutes prior to the library's closing. Children who have not been picked up at closing time will be given the opportunity to call a parent or other responsible adult. Children who have not been picked up within fifteen minutes after closing will be left in the care of the local law enforcement. Under no circumstances will staff transport children in a vehicle or accompany them home. Library Board approved 7'6r00 Commissioners' Court approved &00 Library Board approved (revised) 1'6 11 Commissioners' Court approved 1Y27 11 Calhoun County Public Library Device -Specific Lending Agreement Chromebooks This form for individual devices must be completed each time a device is checked out. The 2-page Library's Lending Guidelines and Agreement for Electronic Devices and the Liability Waiver and Informed Consent Form must be completed one and on file before any electronic devices are checkout. Use of a library Chromebook is subject to the terms and conditions set forth in this checkout agreement, and by checking out the Chromebook, you have agreed to the following: • I have read and signed the Calhoun County Public Library's Lending Guidelines and Agreement for Electronic Devices. (Completed once. Duplicates of this file may be requested.) • I understand that the Chromebook can be checked out for 14 days and may only be renewed 1 time, if there is no waiting list. The Chromebook must be returned to the Library by the due date with all included accessories. If the Chromebook is not returned within 24 hours of the due date, the Chromebook will be disabled and will no longer be usable. An overdue fine of $5 per day will be assessed. Failure to return the device will result in a replacement charge of $400. The library reserves the right to refuse checkout to patrons who abuse the Chromebooks or repeatedly return them late. • 1 understand that the Chromebook may NOT be returned in the book drop; it MUST be returned to the circulation desk during library operating hours. If I do not return the Chromebook to the library in good working condition with all included accessories, I may be charged a replacement cost of $400 for Chromebook. For lost/broken accessories, I may be charged $20 for charging cable/adapter and $20 for carrying case. • I understand that the library is not responsible for any files, data, or personal information accessed, transmitted, lost or damaged while accessing the Internet via the Chromebook. By signing this agreement, I accept the above checkout agreement and am stating that I am responsible for returning this equipment to the library in good working condition and free from damage. Patron Name (please print): Patron Signature: Phone Number: Staff Use Only : Chromebook # Chromebook Serial# Library Card #: Date: Email: Check Out: Please check to ensure that all pieces of equipment are present at the time of checkout. Chromebook USB-C Charging Cable Power Adapter Carrying Case Staff Initials Date Copy of Driver's License _Deposit Check in: Please check to ensure that all pieces of equipment are present at the time of check in. Chromebook USB-C Charging Cable Power Adapter Carrying Case Staff Initials Date Return Deposit Calhoun County Library System Community Service Information Sheet Form Name: Adress Phone Number: In Case of Emergency, Notify: Name: Phone Number: Educational Level (circle on) Elementary 6 7 8 9 10 11 12 College Special Needs and/or By signing below, you agree to abide by the rules and regulations of The Calhoun County Library System. You agree to preform the tasks assigned to you to the best of your ability. Signature Date: Parent signature if minor # 23 NOTICE OF MEETING — 5/10/2.023 23. Consider and take necessary action to approve the attached Surplus/Salvage, Waste and Donation lists from the Calhoun County Library for March and April. (RHM) RESULT: APPROVED [UNANIMOUS] -� MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 20 of 24 Calhoun County, Texas SURPLUS/SALVAGE DECLARATION REQUEST FORM Department Name: Calhoun County Library Date: March 2023 Inventory Number Description Serial No. Reason for Surplus/Salvage Declaration LIB•0076 Sanyo DVD/VCR Player #25289556 No longer needed 6 Mice Nolongerneeded 1 set of computer speakers No longer needed Calhoun County Public Library System (361) $52-7323 200 W Mahan Port Lavaca, Texas 77979 Report March 2023 I would like the following to be declared Surplus/Salvage 3 Books 5 Pbks 2 dvds Calhoun County Public Library System (361) 552-7323 204 W. Mahan Fort Lavaca,'lbxas 77979 Report April 2023 I would like the following to be declared Surplus/Salvage 12 Paperbacks Calhoun County, Texas SURPLUS/SALVAGE DECLARATION REQUEST FORM Department Name: Calhoun County Library Date: April 2023 Inventory Number Description Serial No. Reason for Surplus/Salvage Declaration 5 Black Office Chairs Obsolete 13 Childrens oak chairs Obsolete 10 Back Blonde chairs Obsolete 5 Pink Chairs on wheels Obsolete Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, lb as 77979 Report March 2023 I would like the following items to be declared waste 6 pbks Calhoun County Public Library System (361) ss2-7323 200 W. Mahan Port l av=6Ibaas 77979 Report April 2023 I would like the following items to be declared waste 12 Books 42 Magazines Calhoun County Public Library System (361) 552-T323 200 W. Mahan Port Lavaca, Thaas 97979 Report March 2023 The following materials have been donated to the Calhoun County Public Library System during the month of March 2023 Books Donor 1 Margaret Riley 1 Patty Esquivel 32 Unknown Paperbacks Donor 10 Ruth James 1 Delia Martinez 1 Jane Taylor DVD Donor 3 Barry Hunter 2 Unknown there Donor 11 cds Barry Hunter Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, 7haras 77979 Report April 2023 The following materials have been donated to the Calhoun County Public Library System during the month of April 2023 Books Donor 5 Gerald Munoz 1 Jody Thorne 4 Barbara Willoughby 3 Crystal Pass 36 Unknown Paperbacks Donor 6 Layla Banda 28 Cynthia Nichols 32 Unknown DVD Donor 8 Barry Hunter 8 Magda Wyatt 12 Unknown Others Donor 18 Magazines Patricia Lawson 86 Magazines W.H. Bauer 24 Magazines Barbara Willoughby # 24 NOTICE OF MEETING 5/10/2023 24. Approve the minutes of the April 19, 2023 and April 26, 2023 meetings. RESULT: APPROVED [UNANIMOUS] MOVER: Richard Meyer, County Judge SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 21 of 24 I NOTICE OF MEETING -- 4/1.9/2023 April 19, 2023 MEETING MINUTES OF CALHOUN COUNTY COMMISSIONERS' COURT MET IN A REGULAR MEETING 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. THE FOLLOWING MEMBERS WERE PRESENT: Richard Meyer David Hall Vern Lyssy Joel Behrens Gary Reese Anna Goodman By; Kaddle Smith The subject matter of such meeting is as follows: 1. Call meeting to order. County Judge Commissioner Pct 1 Commissioner Pct 2 Commissioner Pct 3 Commissioner Pct 4 County Clerk Deputy Clerk Meeting was called to order at 10 a.m. by Judge Richard Meyer 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. n/a Page 1 of 6 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 The Commissioners' Court of Calhoun County, Texas met on Wednesday, April 19, 2023, at 10,00 a.m. in the Commissioners' Courtroom in the County Courthouse at 211 S. Ann Street, Suite 104, Port ]Lavaca, Calhoun County, Texas. Attached are the true and correct minutes of the above referenced meeting. -- z4l-o�; 'Richard H. Meyer ounty Judge Calhoun County, Texas Anna Goodman, County Clerk r1wela Cferk rl Date Date Page 1 of 1 I. NOTICE OF MEETING -- 4/19/2023 S. Consider and take necessary action to cancel the June 26, 2023 meeting. (RHM) RESULT APPROVED [.U..NANIMOUS] MOVER::: -David Hall, Commissioner Pet -1 SECONDER Vern Lyssy, Com_rnissloRer Pft 2 rHafl, Lyssy, Behrens, Reese Judge Meyer, Cotnmissione 6. Consider and take necessary action to accept a Gift Deed for property described as A0061 Benjamin Cooper, Block 1, Tract PT 7, W M Carter S/D, 1.854 acres, also known as Carpenter Lane, transferring ownership to Calhoun County and dedicating it as a County Road named Brown Road, from the Phyllis Brown Estate, C/O Becky Ramirez and add it to Precinct 1 Road Inventory. (DEH) iiESULT , = APPROVED UNANIMOUS MOVER David Hall, Commisslgner.Fct 1 SECONDtRm Behrens, Commissioner Pct 3 i.AYES.: Judge Meyer, Commissioner Hall, LySsy,iBehrens, Reese 7. Consider and take necessary action to transfer $65,739.69 from the ARP Radio Project to the Combined Dispatch Building Project. (DEH) RESULT -:APPROVED [UNANIMOUS] MO VERJoel Behrens, CommissionerlPct 3 ` 5 CONDER _ Gary`Reese-, Comn•iissioner Pct 4 AYES )trdge Meyer, Comrrnssioner Ha11,,Lyssy, Behrens, Reese: 8. Consider and take necessary action to approve the final payment in the amount of $20,250.00 to G & W Engineers for infrastructure at Little Chocolate Bayou County Park Work Order No. E-1 associated with GLO contract No. 20-065-064-C182. (DEH) RESULTS APPROVED [UNA,NIM0U5] MOVER' David Hall, Commissioner PcE 1 - SECONDER Joel Behrens, Commissioner_Pct 3 A'ESr.Judge Meyer, ComrnlsSioner..Haii, Lyssy, Behreng, Reese` 9. Consider and take necessary action to approve an Addendum for Cintas Uniform Services for Precinct 1 and authorize Commissioner Hall to sign all pertinent documents. (DEH) RESULT: :-APPROVED [UNANIMOUS] MOVER: David Hall; Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 11 AYES Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 2 of 6 NOTICE OF MEETING—4/19/2023 10. Public Hearing regarding a Request to Vacate and Abandon a portion of unconstructed public alley in the Alamo Beach Townsite described as 0,09-acre situated in the Narciso Cavassos Survey, Abstract No. 3 of Calhoun County, Texas and being a part of the 20.00-foot wide alley in Block 138 of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records, Port Lavaca, Texas further described in the Application. Property Owner is: D&T River Properties, LLC. Regular meeting closed:`10 05 Qinne Marie Odefeji eXplained the Request#o Vacate. Meeting ZI opened. 10:07 - 11. Consider and take necessary action to Vacate and Abandon a portion of unconstructed public alley in the Alamo Beach Townsite described as 0.09-acre situated In the Narciso Cavassos Survey, Abstract No. 3 of Calhoun County, Texas and being a part of the 20.00-foot wide alley in Block 138 of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records, Port Lavaca, Texas further described in the Application. Property Owner is: D&T River Properties, LLC. (DEH) RE$ULT, .' APPROVED [UNANIMOUS] _ MOVER David Hall; Cornm§siorier P,Ct 1 SECONDER 1, . Vern; Lyssy, Comniissioner'Pct 2 AYES Judge Meyer, CommissioneY Hall, Cyssy, Behrens, Reese 12. Consider and take necessary action to approve a variance request to the current Calhoun County Rules and Ordinances, being more specifically section 304. Streets and Roads (both public and private), b. which currently requires "all road and streets to be built upon a minimum right-of-way width of sixty-(60)-feet unless it is a planned unit development as defined herein where it may be larger or smaller". The owner/developer of Calhoun County Parcel/Property ID: 30918, wishes to develop the tract of land into a residential subdivision with a forty-(40)-feet wide private access easement with consideration that the development would meet the County requirement for adequate turn -around. (JMB) S tstt Masan expiained t14V, arla*500 bequest and Commissioners' stated their concern. Commissioner" Behrens denyed the approval;to ' p ass requg#t. Commissioner Lyssy seconied the' Inotion� 13. Consider and take necessary action to close a portion of Main Street in Port O'Connor, Texas from the Intersection of 2nd Street/State Highway 185 and Main Street; west 150 feet on July 1, 2023 and July 8, 2023 for street dances. (GDR) itESULT: APPROVED [WNANIMOUS] MOVER: Gary Reese, Commissioner. P.."ct 4 , SECONDER -Joel,Behrens, Commissioner Pct 3 AYES,' Judge'Meyer, Commissioner:;Hall, Ly§sy, Behrens, Reese Page 3 of 6 NOTICE OF MEETING --4/19/2023 14. Consider and take necessary action to approve the engagement of Armstrong, Vaughan and Associates, PC, Certified Public Accountants, to perform the audit of the County's financial statements for the year ending December 31, 2022, at an estimated fee of $59,845 and authorize the County Judge to sign all necessary documents. (RHM) APPROVED [UNANIMOUS] NIQVER —Gary: �-Reese;.-,Omnn 9 S [Qher,p .cf --SEC77014D1l!k Jbel"Behrerls� Cornnilssi Judge Meyer Cornffissiitineir,Hffl.� l,.SE�VBehrerls, Deese 15. Consider and take necessary action to authorize the Calhoun County EMS Director to sign two Education and Continuing Education agreements with LEMPOL: one for Calhoun County EMS and one for Calhoun County Volunteers Group. (RHM) RESULT:APPROVED [UNANIMOU S] KOVERA, Vern L.yssy, Commissioner PCt. 2 SECONDER: rem, C&Orhissioner-0ct 3 .AYES: jx d _,ge Meyer Conimissiqner.Hall,• Lys y Be hrens; 16. Consider and take necessary action to accept an insurance check in the amount of $1,000.00 from VFIS for the deductible amount from an ambulance accident on 9/28/2022. (RHM) RESULT APPROVED L Vern-.Lyss 0:1:5si nW .Pct- 2 Cary -Reese, 1ssioner.P- 4 ACES Judge Meyer,ISS!PnL er Hall, 30hnsj. Freese_ 17. Consider and take necessary action to accept an anonymous donation to the Sheriff's Office to be deposited into the Motivation account (2697-0010.49082-679) in the amount of $75.00. (RHM) ,-APPROVED [UNANIMOUS] M0 vR,4, T..GIary'Peese, Comm ,istlonier-. P dt ,4 SECONDER, 36613threns GommissionerNt 3 YtSJudge Meyer,MeyerC6Mhisslbdbr Halltys sy, Behrens, Ruse 18. Consider and take necessary action to accept a donation from the Olivia Cemetery Association in the amount of $1,250.00 to be credited to the Historical Commission Marker Fund. (RHM) RESULT - APPROVED [UNANIMOUS] Oibvbt - 'i, joe-FIBehrensi'TCominiss I i . p 11 n - e I r. tt 3- -SECONDER: David H6!;"c6mnlssione�,..Pct,I AYESA Judge Meyer,CommissiOner:14611,"Lyssyj Behrens, Reese'i Page 4 of 6 NOTICE OF MEETING—4/19/2023 19. Consider and take necessary action on the FY 2023 Interlocal Agreement with the City of Port Lavaca for Fire Protection and authorize the payment of a purchase order in. the amount of $247,319.87 and authorize the County Judge to sign. (RHM) RESULT.,: r APPROVED [CNANIMOUS] MOVER . David Hall; Cdtnrnissioper` Pd 1 SECONrR. . Vern Lyssy, �bmmissioner Pct 2 ' AYES Judge Meyef; Cominissioner`Hall, Lyssy, Behrens, Reese' 20. Consider and take necessary action on the FY 2023 Interlocal Agreement with the City of Port Lavaca for Animal Control and authorize the payment of a purchase order in the amount of $65,000.00 and authorize the County Judge to sign. (RHM) RESULT >:. APPROVED [UNANIMOUS] :MOVEPa-, David Hall,,Commissions[ Pet 1 SECONDER. Gary Reese; Commissioner Pct 4 AYES Judge Meyer; Commissioner.Hall, Lyssy, Behrens, Reese" 21. Consider and take necessary action to authorize the Calhoun County Museum Director to sign for air conditioning repairs at the Museum. (RHM) RESULT APPROVED [UNANIMOUS] MOVER Vern Lyssy, Commissioner Pet 2 $E'ONoEI£ David HaII.Commissioner Pet 1 AYES Judge Meyer; Commissioner Hall, Lyssy,,Behrens, Rees; 22. Consider and take necessary action to remove the following vehicles from the Sheriff's Office fleet: a. 2009 Ford Sedan Patrol 2FAHP71V49X143653/1388603 Unit 8 b. 2011 Chevy Tahoe Patrol 1GNLC2EOXBR345096/1118971 OSGK 92 c. 2008 Ford F250 CID IFTSX2158BEE36183 Unit 15 d. 2017 Chevy Tahoe OSG 1GNLCDEC5HR283895/1346018 OSG 2 e. 2010 Ford E350 Xport 1FTSS3ES8ADA54431/1089306 Unit 7 RESULT AtsPROVEp [UNANIMOUS] MOVEER: David Hall; Commissioner Pet 1 SECONDER 3oel Behrens, Commissioner Pct.-3 AYES Judge Meyer, CommissionerHall, Lyssy, Behrens, Reese. 23. Consider and take necessary action to declare the attached list of equipment from Memorial Medical Center as Waste. (RHM) RESULT: ' APPROVED [UNANIMOUS] MOVER: Joel Behr2hs, Commissioner: Pcty3 SECONRER: `Gary Reese, Commissioner Pct 4 AYES Judge Meyer, Com'mrssioner'Hall, Lyssy, Behrens, Reese:: Page 5 of 6 NOTICE OF MEETING—4/19/2023 24, Accept Monthly Reports from the following County Offices: i. County Clerk — March 2023 ii. Justice of the Peace, Precinct 5 — March 2023 ill. Texas Agrilife Extension Service — March 2023 1. 4-H and Youth Development 2. Agriculture and Natural Resources 3. Family and Community Health 4. Coastal and Marine RESULT. APPROVED [UNANIMOUS] r MOVER Vern Lyssy, Commissionerci 2 SECQNDEI�. Gary:Reese, Corrir issioner• Pci 4 AYES, Judge Meyer, Commissloner`.Hall, LySsy, Behrens, Reese. 25. Consider and take necessary action on anv narPccary horinat arlii ictmantc /RHMI RESULT, APPROVED [UNANIMOUS] - MOVERJ, Gary Reese, Commissioner PCt 4 SECQNDER. J'uel Behrens, Commissioner =Pct 3 AYE5 Judge Meyer, CommissibnerHall, Lyssy, Behrens, Reese' 26. Approval of bills and payroll. (RHM) D [UNANIMOUS] Commissiorier"P i County Bils RE_SULT. `;_ APPROVED [UNANIMOUS] MOVER. .: David Hall, Commissioner Pct.1 SEOONDER Vern Lyssy, Commissioner Pet 2 AYES: Judge Meyer, r~drrimisslonerHall, hyssy, Behrens, Reeser `. Adjourned: 10:32 a.m. Page 6 of 6 Richard H. Meyer County judge David Hall, Commissioner, Precinct 1 Vern ]Lyssy, Commissioner, Precinct 2 ,noel ]Behrens, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4 The Commissioners' Court of Calhoun County, Texas met on Wednesday, April 26, 2023, at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse at 211 S. Ann Street, Suite 104, Port ]Lavaca, Calhoun County, Texas. Attached are the true and correct minutes of the above referenced meeting. u Richard H. Meyer, 6Winty Judge Calhoun County, Texas Anna Goodman, County Clerk F ►� `� ��LI �1iiy j� l puty Clerk Date Date 11) Page 1 of 1 I NOTICE OF MEETING -- 4/26/2023 April 26., 2023 MEETING MINUTES OF CALHOUN COUNTY COMMISSIONERS' COURT MET IN A REGULAR MEETING 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. THE FOLLOWING MEMBERS WERE PRESENT: Richard Meyer David Hall Vern Lyssy Joel Behrens Gary Reese Anna Goodman By; Kaddie Smith The subject matter of such meeting is as follows: 1. Call meeting to order. CountyJudge Commissioner Pct 1 Commissioner Pct 2 Commissioner Pct 3 Commissioner Pct 4 County Clerk Deputy Clerk Meeting was called to order by Judge Richard Meyer at 10 am 2. Invocation. Commissioner David Hail 3. Pledges of Allegiance. US Flag: Commissioner Gary Reese Texas Flag: Commissioner Vern Lyssy 4. General Discussion of Public Matters and Public Participation. Anna Goodman gave a shout out to Arnold Hayden, the new County Attorney. S. Resolution honoring Galen Johnson. Rachel Morales read resolution Judge Meyer read the official . resolution and it was signed by the court. Page 1 of 4 NOTICE OF MEETING -- 4/26/2023 6. Consider and take necessary action to deposit a sheet metal recycling check for $926.78 from Texas Port Recycling to Road & Bridge, Precinct 2 account 1000-550-53510, Road & Bridge Supplies. (VLL) RESULT. APPROVED 1UNANIMOUS.1 MOVER; ': Vern Lyssy, Commissioner ;Pct 2 SECONDER David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner:Hall, Lyssy, Behrens, Reese' 7. Public Hearing regarding a Petition to Vacate 13.97 acres situated in the James Hughson Survey, Abstract No. 23 of Calhoun County, Texas and being the same property described in deed recorded in File No. 2023-00268 of the Calhoun County, Texas Official Records. Regular meetiog closed 10:10 a.mw' ' " H;;;--he'xpanylained the petition to vacateRmeeting opened 1U:11 a.m. 8. Consider and take necessary action on a Petition Vacate 13.97 acres situated in the James Hughson Survey, Abstract No. 23 of Calhoun County, Texas and being the same property described in deed recorded in File No. 2023-00268 of the Calhoun County, Texas Official Records. (JMB) RESULT: ;APPROVED [UNANIMOUS] MOVER:-. "Joel Behrens, Corrimissioner Pct 3 - SECONDER Gary Reese, Commissioner Pct 4 AYES. Judge Meyer, Commissioner=;Hall, Lyssy, Behrens, Reese:.' 9. Consider and take necessary action to approve the Preliminary Plat of the "Breakwater Point Subdivision" (a subdivision of 13.97 acres situated in the James Hughson Survey, Abstract No. 23 of Calhoun County, Texas and being the same property described in deed recorded in File No. 2023-00268 of the Calhoun County, Texas Official Records.) (JMB) 10. Consider and take necessary action to accept a second insurance proceeds payment from TAC In the amount of $3,013.18 for damages to a Sheriff's Office vehicle on 12/3/22. (RHM) RESULT: '.; APPROVED [UNANIMOUS] MOVER. Vern Lyssy, Commissioner Pet 2 ." SECONDER: Gary Reese, Commissioner Pet 4 AYES:,.Judge Meyer, Commissioner Hall,'Lyssy, Behrens, Reese Page 2 of 4 NOTICE OF MEETING—4/26/2023 11. Consider and take necessary action to authorize the County Judge to sign a lease agreement with Guardian RFID to lease 25 Spartans with licensing renewal annually. (RHM) 12. Approve the minutes of the April 5 and April 10, 2023 regular meetings. RESULT APPROVED [UNANIMOUS] MOVER Vern,Lyssy, CommisslailarP 9 d2 SECONDER Gary Reese; Commissioner Pt:t 4 AYES Judge Meyer, Commissioner;=Hall, Lyssy, Behrens, Reese 13. Accept Monthly Reports from the following County Offices: i. District Clerk — March 2023 H. Tax Assessokol lector — March 2023 RESULT: „s APPROVED [UNANIMOU-S] MOVER: ' Vern Lyssy, Commissioner Pet 2 SECONDER:. Jgel•Behrens, Comcnissi6ner:PcG3 AYES' Judge Meyer, COmmlSsloneri`Hall, Ly, sy Behrens. Rowe;. 14. Consider and take necessary action on any necessary budget adiustments. (RHM) RESULT .. APPROVEDCUNANIMOUS] MOVER '_ Gary. Reese, CbmmisslonrYr'P,Ct 4 SECONDER. Joel Behrens; Commissioner?ct 3 AYES. judge Meyer, Cotnmisslaner;;Hall, Lyssy, Behrens, Reese' ; Page 3 of 4 NOTICE OF MELTING—4/26/2023 15. ADDroval of bills and oavroll. (RHM) [UNANIMOUS] Commisslone7<;Pci i C )mmi§cinnar Pr , 7 CountyB IN 2023: RESULT: = APPROVED [UNANIMOUS] MOVER..; Dadid Hall ',Cohlmisslon6f Pet 1 SECONDER F(erh Lyssy, Commissioner I?Ct 2 Atr✓ES . Judge lMi6yer, Commissioner Hall, tyssy, BehrensFkese Adjourned: 10:29 a.m. Page 4 of 4 # 25 ' NOTICE OF MEETING - 5/1.0/2023 25. Accept Monthly Reports from the following County Offices: i. County Clerk — April 2023 ii. Floodplain Administration — April 2023 iii. Justice of the Peace, Precinct 1 — April 2023 iv. Justice of the Peace, Precinct 2 — April 2023 v. Justice of the Peace, Precinct 5 — April 2023 vi. Sheriff's Office — April 2023 RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Page 22 of 24 CALHOUN COUNTY CLERK MONTHLY REPORT RECAPITUATION APRIL 2023 .OFFICIAL PUBLIC. DESC GLCODE CIVIL/FAMILY CRIMINAL RECORDS PROBATE TOTAL DISTRICT ATTORNEY FEES 1000-44020 $ 268.90 $ 268.90 BEER LICENSE 1000-42010 $ 15.00 $ 15.00 COUNTY CLERK FEES 1000-44030 $ 501.00 $ 527.81 $ 9,380.70 $ 333.00 $ 10,742.51 APPEAL FROM IP COURTS 1000-44030 $ - $ - COUNTY COURT ATIAWOIJURY FEE 1000-44140 $ - JURY FEE 1000-44140 $ 40.00 $ - $ 40.00 ELECTRONIC FILING FEES FOR E-FILINGS 1000-04058 $ - $ - $ - $ - $ - JUDGE'S EDUCATION FEE 1000-44160 $ - $ - $ - $ 30.00 $ 30.00 JUDGE'S ORDER/SIGNATURE 1000-44180 $ 10.00 $ - $ - $ 40.00 $ 50.00 SHERIFF'S FEES 100044190 $ - $ 473.67 $ - $ 100.00 $ 573.67 VISUAL RECORDER FEE 100044250 $ 115.71 $ 115.71 TIME PAYMENT FEE. COUNTY "'NEW 2020 - 1000-44332 $ 135.00 $ 135.00 COURT REFPORTER FEE 1000A4270 $ 175.00 $ - $ - $ 150.00 $ 325.00 RESTITUTION DUE TO OTHERS 1000-49020 $ - ATTORNEY FEES -COURT APPOINTED 1000-49030 $ 200.00 $ 200.00 APPELLATE FUND (TGC) FEE 2620-44030 $ 35.00 $ 30.00 $ 65.00 COURT FACILITY FEE FUND 2648-44030 $ 140.00 $ - $ - $ 120.00 $ 260.00 TECHNOLOGY FUND 2663-44030 $ 52.78 $ 52.78 COUNTYJURYFUND *•NEW2020" 2669-44030 $ 70.00 $ 1120 $ - IS 60.00 $ 142.20 COURTHOUSE SECURITY FEE 2670-44030 $ 140.00 $ 124.95 $ 375.00 $ 120.00 $ 759.95 COURT INITIATED GUARDIANSHIP FEE 2672-44030 $ 180.00 $ 180.00 COURT RECORD PRESERVATION FUND 2673-44030 $ - $ - $ - IS - COURTREPORTER SERVICEFUND"NEW2020"' 2674-44030 $ 36.59 $ 36.59. RECORDS ARCHIVE FEE 2675-44030 $ 3,440.00 $ 3,440.00 COUNTYSPECIALTYCOURT •-NEW2020''' 2676-44030 $ 243.90 IS 243.90 COUNTYDISPUTE RESOLUTION FUND 2677-44030 $ 105.00 $ - $ - $ 90.00 $ 195.00 DRUG&ALCOHOL COURT PROGRAM 2699-44030-005 $ 30.00 $ 30.00 JUVENILECASE MANAGERFUND 269944033 $ - $ - FAMILYPROTECTIONFUND 270644030 $ - $ - JUVENILECRIME& DELINQUENCY FUND 2715-44030 $0.00 $ - LANGUAGEACCESSFUND 2725-44030 $ 21.00 $ - $ - $ 18.00 $ 39.00 PRE-TRIAL DIVERSON AGREEMENT 2729-44034 $ 250.00 $ 250.00 LAW LIBARY FEE 2731-44030 $ 245.00 $ 210.00 $ 455.00 RECORDS MANAGEMENT FEE -COUNTY CLERKK 2738-44380 $ 2.50 $ 3,560.00 $ 3,562.50 RECORDS MANG EMENT FEE - COUNTY 2739-44030 $ 210.00 $ 327.38 $ 90.00 $ 627.38 FINES -COUNTY COURT 2740-45040 $ 3,515.14 $ 3,515.14 BOND FORFEITURE 2740-45050 $ - $ - STATE POLICE OFFICER FEES - STATE )DPS)(20%) 7020-20740 $ 1.19 $ 1.19 CONSOLIDATED COURT COSTS - COUNTY 7070-20610 $ 8.30 $ 8.30 CONSOLIDATED COO RT COSTS - STATE 7070-20740 $ 74.70 $ 74.70 CONSOLIDATED COURTCOSTS-COUNTY •-NEW20207072-20610 $ 152.25 $ 152.25 CONSOLIDATED COURTCOSTS -STATE "NEW2020"7072-20740 $ 1,370.25 $ 1,370.25 JUDICIAL AND COURT PERSONNELTRAINING - ST (100% 7502-20740 $ - $ - $ - $ - DRUG& ALCOHOL COURT PROGRAM -COUNTY 7390-20610 $ 6.00 $ 6.00 DRUG& ALCOHOL COURT PROGRAM -STATE 7390-20740 $ 24.00 $ 24.00 STATE ELECTRONIC FILING FEE -CIVIL 7403-22887 $ - $ - $ - $ - STATE ELECTRONIC FILING FEE CRIMINAL 7403-22990 $ 5.00 $ 5.00 EMS TRAUMA -COUNTY (10%) 7405-20610 $ 445.60 $ 445.50 EMS TRAUMA - STATE (90%) 7405-20740 $ 49.50 $ 49.50 CIVIL INDIGENT FEE -COUNTY 7480-20610 $ - $ - $ - CIVILINDIGENTFEE -STATE 7480-20740 $ - $ - $ - JUDICIALFUNDCOURT COSTS 7495-20740 $ 15.00 $ 15.00 JUDICIAL SALARY FUN D - COUNTY (10%) 7505-20610 $ 0.60 $ 0.60 J UDI CIAL SALARY FU N D- STATE (90%) 7505-20740 $ 5.40 $ 5.40 JUDICIAL SALARY FUND (CIVIL & PROBATE) -STATE 7505-20740-005 $ - $ - $ - TRAFFIC LOCAL (ADMINISTRATIVE FEES) 7538-22884,100044359 $ 6.00 $ 6.00 COURT COST APPEAL O F TRAFFIC REG (IP APPEAL) 7538-22885 $ - BIRTH - STATE 7855-2D780 $ 82.80 $ 82.80 INFORMAL MARRIAGES - STATE 7855-20782 $ 12.50 $ 12.50 JUDICIALFEE 7855-20786 $ - $ - $ - $ - FORMAL MARRIAGES -STATE 7855-20788 $ 300.00 $ 300.00 NON DISCL05U RE FEE - STATE 7855-20790 $ - $ - $ - $ - $ - TCLEOSECOURTCOST -COO NTY(10%) 7856-20610 $ 0.01 $ 0.01 TCLEOSE CO URT COST - STATE (90%) 7856-20740 $ 0.09 $ 0.09 J URY REIMBU RSEMENT FEE -COUNTY (10% 7857-20610 $ 0.40 $ 0.40 JURY REIMBURSEMENT FEE -STATE (90%) 7857-20740 $ 3.60 $ 3.60 CONSOLIDATED CRTCOSTS- STATE (PA, FAM CV) SB417858-20740 $ 548.00 $ 411.00 $ 959.00 STATE TRAFFIC FI N E- COUNTY IS%) 7860-20610 $ - $ - STATE TRAFFIC FINE- STATE (95%) 7860-20740 $ - $ - STATE TRAFFIC FINE- COUNTY(4%) 91112019 7860-20610 $ 4.00 $ 4.00 STATE TRAFFIC FINE - STA IF (95%) 91112019 7860.20740 1 $ 96.00 $ 96.00 1012 &UREPORTSMONTHLIMVOROR ANO TREASURER REPORTS12023M3023.TREASURER REPORTS use Na one 5Y12023 CALHOUN COUNTY CLERK MONTHLY REPORT RECAPITUATION APRIL 2023 OFFICIAL PUBLIC DESC GLCODE -CIVIL/FAMILY CRIMINAL RECORDS PROBATE TOTAL INDIGENT DEFENSE FEE -CRIMINAL -COUNTY(10%) 7865-20610 $ 0.20 $ 0.20 INDIGENT DEFENSE FEE -CRIMINAL -STATE (90%) 7865-20740 $ 1.80 $ 1.80 TIME PAYMENT -COUNTY (50%) 7950-20610 $ 12.50 $ 12.50 TIME PAYMENT - STATE (50%) 7950-20740 $ 12.50 $ 12.50 BAIL IUM PING AND FAI LURE TO APPEAR -COUNTY 7970-20610 $ - BAIL JUMPIN GAND FAILURE TOAPPEAR -STATE 7970-20740 $ - DUE PORT LAVACAPO. 9990-99991 $. 10.00 $. 10.00 DUE SEADRIFT PD 9990-99992 $ - $ - DUE TOPOINT COMFORT PD 9990-99993 $ $ - DUE TOTEXAS PARKS &WILDLIFE.. 9990-999M $ $ - DUE TOTEXAS PARKS& WI LDLIFE WATER SAFETY 9990-99995 $ - DUETOTABC 9990-99996 $ DUE TO ATTORNEY AD LITEMS 9990-99997 $ DUE TO OPERATING/NSF CHARGES/DUE TO OTHERS 7120-20759 $ $. $ 544.00 $ $ 544.00 $ 2,240.00 $ 8.621.32 $ 17.710.00 $ 1,982.00 $ 30,553.32 TOTAL FUNDS COLLECTED $ 30,553.32 (0.00) FUNDS HELD IN ESCROW: $ - AMOUNT DUE TO TREASURER(2DR'S): $ 29,999.32 TOTAL RECEIPTS: ($. 30,553.32 AMOUNT DUE TO OTHERS (LESS SIPS): $ 554.00 FUND RECEIVED DISBURSEMENTS ENDING BOOK BALANCE :NOING BANK BALANCE OUTSTANDING DEPOSITS" OUTSTANDING CHECKS" OFDEPOSR $ 69,953.62 $ - I ""BALANCE OF CASH BONDS` -OTHER REGISTRY ITEMS" "IBC CASH BOND CHECKS - 4/30/2023 $ 6B,767.12 ('"TOTAL REGISTRY FUNDS` $ Reconciled. $ 625M SF OMex In oO.r exl^ fCRlocin- rEQ119 nCRl1CITC Mm n IN TRI I[T. RR(RP5111N RANK CD'S Date Issued Balance Purchased Withdrawals Balance 313112023 Interest 04130123 10440 1/24/'2018 $ $ $ 10441 1/24/2018 $ $ 10442 1/24/2018 $ 1,277.15 $ 7.24 $ 1.284.39 10443 1/25/2018 $ 1,277.15 $ 7.24 $ 1,284.39 10444 1/25/2018 $ 9,644.66 $ 54.70 $ 9,699.36 10446 1/25/2018 $ 9,644.66 $ 54.70 $ 9,699.36 10446 1/25/2018 $ 9,644.66 $ 54.70 $ 9,699.36 10449 6/9/1955 $ 20,371.41 $ 20,371.41 10454 3/2/2018 1 $ 3,597.48 $ 3.597.48 10455 3/2/2018 $ 3,597.48 $ 3,597.48 10486 8/26/2020 $ 5,949.94 $ 5.949.94 10495 12/22/2021 $ 34.370.01 $ 34,370.01 10496 12/22/2021 $ 34,370.00 $ 34,370.00 10504 2/14/2023 $ 10,936.90 $ 10,936.90 10505 2/14/2023 $ 9,290.20 $ 9,290.20 TOTALS: $153,971.70 $ 178.68 $ $ 154,150.28 $ 5/2/2023 Submitted by: Anna M Goodman, County Clerk Date Rich d Meyer, Calhoun County J dge Date 2OF2 S:\n.REPORTSIMONmLVAUOROR AND TREASURER REPORTSANQ304302311FEASURER REPORTS o Nla we SoIM23 Calhoun Co un ty Flo o dplain Administration 211 South Ann Street, Suite 301 Port Lavaca, TX 77979-4249 Phone: 361-553-4455/Fax: 361-553-4444 e-mail: Debbie.Vickery@calhouncotx.org April 2023 Development Permits Report For Commissioners Court: 5/10/23 New Homes - 3 Renovations/Additions -1 Mobile Homes - 2 Boat Barns/Storage Buildings/Garages - 5 Commercial Buildings/RV Site - 0 Tower Addition -1 Fence - 0 Pool-0 Drainage- 0 Pipeline - 0 Total Fees Collected: $720.00 Nx- (e11e, MONTH OF REPORT YEAR OF REPORT CODE ADMINISTRATION FEE - / BREATH ALCOHOL TESTING CONSOLIDATED COURT COSTS - STATE CONSOLIDATED COURT COST - LOCAL CONSOLIDATED COURT COST - COURTHOUSE SECURITY - CIVIL JUSTICE DATA REPOSITORY FEE - CORRECTIONAL MANAGEMENT INSTITUTE CHILD SAFETY CHILD SEATBELT FEE - C CRIME VICTIMS COMPENSATION - ( DPSC/FAILURE TO APPEAR - OMNI - DF ADMINISTRATION FEE FTAIFTP (aka OMNI)-2 ELECTRONIC FILING FEE - I FUGITIVE APPREHENSION GENERALREVENUE- CRIM - IND LEGAL SVCS SUPPORT - JUVENILE CRIME & DELINQUENCY JUVENILE CASE MANAGER FUND- J( JUSTICE COURT PERSONNEL TRAINING - J( JUROR SERVICE FEE - LOCAL ARREST FEES - PARKS & WILDLIFE ARREST FEES - PTA STATE ARREST FEES-5 SCHOOL CROSSING/CHILD SAFETY FEE - E SUBTITLE C - SU STATE TRAFFIC FINES -EST 9.1.19- E TABC ARREST FEES-1 TECHNOLOGY FUND - TRAFFIC - T LOCAL TRAFFIC FINE- 21 TIME PAYMENT -TI TRUANCY PREVENTION/DIVERSION FUND - TP LOCAL & STATE WARRANT FEES- WR COLLECTION SERVICE FEE-MVBA-CS DEFENSIVE DRIVING COURSE - D DEFERRED FEE -C DRIVING EXAM FEE- PROV FILING FEE - FF STATE CONSOLIDATED CIVIL FEE -2( LOCAL CONSOLIDATED CIVIL FEE -2( FILING FEE SMALL CLAIMS - FF JURY FEE - COPIES/CERTIFED COPIES - INDIGENT FEE -CIFF or IN JUDGE PAY RAISE FEE - JP SERVICE FEE - SF OUT -OF -COUNTY SERVICE F ELECTRONIC FILING FEE - EEF EXPUNGEMENT FEE - EX EXPIRED RENEWAL - EX ABSTRACT OF JUDGEMENT -P ALL WRITS - WOP / W DPS FTA FINE - OF LOCAL FINES - FI LICENSE .& WEIGHT FEES - U PARKS & WILDLIFE FINES - PI SEATBELT/UNRESTRAINED CHILD FINE - BE '- JUDICIAL & COURT PERSONNEL TRAINING-JC OVERPAYMENT (OVER $10)-OV `OVERPAYMENT ($10 AND LESS) - OV RESTITUTION - RE PARKS & WILDLIFE -WATER SAFETY FINES -'A TOTAL ACTUAL MONEY ENTER LOCAL WARRANT STATE WARRANT D OTHERS: 0 CCISD - 50%of Fine on JV cases D DA RESTITUTION FUND JD OF OVERPAYMENTS F-COUNTY SERVICE FEE BONDS TOTAL DUE TO REVISED 02/02/2022 90.00 0.00 3,913.68 316.85 884.49 31.69 0.00 0.32 0.00 0.00 0.00 16.48 0.00 197.36 74.12 0.00 0.00 0.00 15.84 0.00 20.69 0.00 31.69 263.02 0.00 0.00 0.00 0.00 13.45 64.01 0.00 52.70 1,736.49 0.00 31.69 8.28 103.98 68.91 248.12 15.84 688.82 1,622.27 50.00 1,062.92 0.00 0.00 126.00 198.00 0.00 0.00 0.00 0.00 47.52 75.00 0.00 0.00 0.00 0.00 0.00 1,995.06 5,346.41 0.00 1,596.90 0.00 0.00 581.00 0.00 0.00 AMOUNT 0.00 PLEASEINCLUDE DR. REQUESTINGDISBURSEMENT 0.00 PLEASEINCLUDE DR. REQUESTINGDISBURSEMENT 581.00 PLEASEINCLUDE DR. REQUESTING DISBURSEMENT O.00 PLEASEINCLUDE DR. REQUESTINGDISBURSEMENT 0.00 PLEASEINCLUDE DR. REQUESTING DISBURSEMENT (IF REQUIRED) Treasurer's Receipts MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 5/1/2023 COURT NAME: JUSTICE OF PEACE NO. 1 MONTH OF REPORT: APRIL YEAR OF REPORT: 2023 ACCOUNT NUMBER ACCOUNT NAME AMOUNT CR 1000-001-45011 FINES 7,589.25 CR 1000-001-44190 SHERIFF'S FEES 964.71 CR 1000-001-44361 CR 1000-001-44010 CR 1000-001-44061 CR 1000-001-44090 CR 1000-001-49110 CR 1000-001-44322 CR 1000-001-44145 CR 1000-999-20741 CR 1000-999-20744 CR 1000-999-20745 CR 1000-999-20746 CR 1000-999-20770 CR 2670-001-44061 CR 2720-001-44061 CR 2719-001-44061 CR 2699-001-44061 CR 2730-001-44061 CR 2669-001-44061 CR 2728-001-44061 CR 2677-001-44061 CR 2725-001-44061 CR 7020-999-20740 CR 7070-999-20610 CR 7070-999-20740 CR 7072-999-20610 CR 7072-999-20740 CR 7860-999-20610 CR 7860-999-20740 CR 7860-999-20610 CR 7860-999-20740 ADMINISTRATIVE FEES: DEFENSIVE DRIVING 50.00 CHILD SAFETY 0.00 TRAFFIC 112.26 ADMINISTRATIVE FEES 1,217.04 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 TOTAL ADMINISTRATIVE FEES 1,379.30 CONSTABLE FEES -SERVICE 75.00 JP FILING FEES 0.00 COPIES / CERTIFIED COPIES 0.00 OVERPAYMENTS (LESS THAN $10) 0.00 TIME PAYMENT REIMBURSEMENT FEE 248.12 SCHOOL CROSSING/CHILD SAFETY FEE 0.00 DUE TO STATE -DRIVING EXAM FEE 0.00 DUE TO STATE-SEATBELT FINES 0.00 DUE TO STATE -CHILD SEATBELT FEE 8.24 DUE TO STATE -OVERWEIGHT FINES 0.00 DUE TO JP COLLECTIONS ATTORNEY 1,622.27 TOTAL FINES, ADMIN. FEES & DUE TO STATE $11,886.89 COURTHOUSE SECURITY FUND $333.34 JUSTICE COURT SECURITY FUND $7.92 JUSTICE COURT TECHNOLOGY FUND $284.40 JUVENILE CASE MANAGER FUND $20.69 LOCAL TRUANCY PREVENTION & DIVERSION FUND $315.89 COUNTY JURY FUND $6.32 JUSTICE COURT SUPPORT FUND $150.00 I COUNTY DISPUTE RESOLUTION FUND $30.00 LANGUAGE ACCESS FUND $18.00 I STATE ARREST FEES DPS FEES 61.90 P&W FEES 2.69 TABC FEES 0.00 TOTAL STATE ARREST FEES 64.59 CCC-GENERAL FUND 391.37 CCC-STATE 3,522.31 DR 7070-999-10010 3,913.68 STATE CCC- GENERAL FUND 31.68 STATE CCC- STATE 285.17 DR 7072-999-10010 316.85 STF/SUBC-GENERAL FUND 2.64 STF/SUBC-STATE 50.07 DR 7860-999-10010 52.70 STF- EST 9/1/2019- GENERAL FUND 69.46 STF- EST 9/1/2019- STATE 1.667.03 DR 7860-999-10010 1,736.49 Page 1 of 3 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 5/1/2023 COURT NAME: JUSTICE OF PEACE NO. 1 CR 7950-999-20610 CR 7950-999-20740 MONTH OF REPORT: APRIL YEAR OF REPORT: 2023 DR 7950-999-10010 TP-GENERAL FUND TP-STATE 34.46 34.45 Page 2 of 3 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 5/1/2023 COURT NAME: JUSTICE OF PEACE NO. 1 MONTH OF REPORT: APRIL YEAR OF REPORT: 2023 CR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 0.00 CR 7480-999-20740 CIVIL INDIGENT LEGAL -STATE 0.00 DR 7480-999-10010 0.00 CR 7865-999-20610 CRIM-SUPP OF IND LEG SVCS-GEN FUND 1.58 CR 7865-999-20740 CRIM-SUPP OF IND LEG SVCS-STATE 14.26 DR 7865-999-10010 15.84 CR 7970-999-20610 TL/FTA-GENERAL FUND 65.79 CR 7970-999-20740 TL/FTA-STATE 131.57 DR 7970-999-10010 197.36 CR 7505-999-20610 JPAY - GENERAL FUND 4.75 CR 7505-999-20740 JPAY - STATE 42.77 DR 7505-999-10010 47.52 CR 7857-999-20610 JURY REIMB. FUND- GEN. FUND 3.17 CR 7857-999-20740 JURY REIMB. FUND- STATE 28.52 DR 7857-999-10010 31.69 CR 7856-999-20610 CIVIL JUSTICE DATA REPOS.- GEN FUND 0.03 CR 7856-999-20740 CIVIL JUSTICE DATA REPOS.- STATE 0.29 DR 7856-999-10010 0.32 CR 7502-999-20740 JUD/CRT PERSONNEL TRAINING FUND- STATE 0.00 DR 7502-999-10010 0.00 7998-999-20740 TRUANCY PREVENT/DIV FUND - STATE 7.92 7998-999-20701 JUVENILE CASE MANAGER FUND 7.92 DR 7998-999-10010 15.84 7403-999-22889 ELECTRONIC FILING FEE - CV STATE 0.00 DR 7403-999-22889 0.00 7858-999-20740 STATE CONSOLIDATED CIVIL FEE 126.00 126.00 TOTAL (Distrib Req to Oper Acct) $19.641.24 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD 0.00 DA - RESTITUTION 0.00 REFUND OF OVERPAYMENT; 581.00 OUT -OF -COUNTY SERVICE FI 0.00 CASH BONDS 0.00 PARKS & WILDLIFE FINES 1,357.36 WATER SAFETY FINES 0.00 TOTAL DUE TO OTHERS $1,938.36 TOTAL COLLECTED -ALL FUNDS $21,579.60 LESS: TOTAL TREASUER'S RECEIPTS $21,579.60 REVISED 02/02/2022 OVER/(SHORT) $0.00 Page 3 of 3 CALHOUN DISTRIBUTION COUNTY REQUEST 201 West Austin DR# 450 A 45048 PAYEE Name: Calhoun County Oper. Acct. Address: City: State: Zip: Phone: PAYOR Official: Title: Hope Kurtz Justice of the Peace, Pct. 1 ACCOUNT NUMBER DESCRIPTION AMOUNT 7541.999-20759.999 JP1 Monthly Collections- Distribution $19,641.24 APRIL 2023 V# 967 Signature of Official Date TOTAL 19,641.24 ENTER COURT NAME: ENTER .MONTH OFREPORT ENTER YEAR OF REPORT CODE AMO (CASH BONDS 0. ' ADMINISTRATION FEE -ADMF 0. BREATH ALCOHOL TESTING -:BAT 0, CONSOLIDATED COURT COSTS -CCC 551, STATE CONSOLIDATED COURT COST. 2020 93, LOCAL CONSOLIDATED COURT COST-2020 124. COURTHOUSE SECURITY -CHS 11. CJP 0. 12023 UNIT. 00 00 00 10 12 45 06 00 CIVIL JUSTICE DATA REPOSITORY FEE -CJDR 0.14,. CORRECTIONAL MANAGEMENT INSTITUTE - CM] 0.00 CR 0.00 :CHILD: SAFETY -CS 0.00. CHILD SEATSELT FEE -CSBF 0.00 - CRIME VICTIMS COMPENSATION -CVC 0.00 DPSC/FAILURE TO APPEAR -OMNI'-DPSC 236.11 - ADMINISTRATION FEE FTA/FTP take OMNO- 2020 20.01) ELECTRONIC FILING FEE -EEF 0.00 "FUGITIVE APPREHENSION -FA 0.00 GENERAL REVENUE -OR 0.00 CRIM- IND LEGAL.SVCS SUPPORT -OF 4.14 - JUVENILE CRIME & DELINQUENCY -JCD 0.00 JUVENILE: CASE MANAGER. FUND JCMF 10.56 JUSTICE COURT PERSONNEL TRAINING-JCPT 0.00 JUROR SERVICE FEE -JSF 11.06 LOCAL ARREST FEES - LAF 30.10 - LEMI 0.00 LEDA 0.00 -.LEOC 0.00 OCL 0.00 PARKS& WILDLIFE ARREST FEES -PWAF 24.01 - STATE ARREST FEES -SAF 3.49 SCHOOL CROSSING/CHILD SAFETY. FEE -SCF 0.00 SUBTITLE C-SUBIC 33.82 STATE TRAFFIC .FINES -EST 9:1.19-STF 70.59 TABC ARREST FEES -TAF 0.00 TECHNOLOGY FUND-.TF 11.06 TRAFFIC- TFC 3.39 LOCAL TRAFFIC FINE-2020 4.23 TIME PAYMENT. TIME 32.65 TIME PAYMENT- REIMBURSEMENT FEE-2020 95.01 TRUANCY PREVENTION/DIVERSION FUND -TPDF 5.53 LOCAL& STATE WARRANT FEES -WENT 340.49 COLLECTION SERVICE FEE-MVBA-CSRV 589.73 DEFENSIVE DRIVING COURSE-. DDC 0.00 DEFERRED FEE: -OFF 0.00 DRIVING EXAM FEE- PROV DL 0.00 - 'FILING FEE -FFEE 0.00 STATE CONSOLIDATED CIVIL FEE .-2022 126.00 LOCAL CONSOLIDATED CIVIL FEE "-2022 196.00 FILING FEE SMALL CLAIMS -FFSC 0.00 :': JURYFEE-JF 0.00 COPIES/CERTIFED COPIES - CC 0.00 - INDIGENT FEE -CIFF'.or INDF 0.00 JUDGE PAY RAISE FEE -JPAY 16.60 SERVICE FEE -SFEE 0.00 " CUT -OF -COUNTY SERVICE FEE 0.00 ELECTRONIC FILING FEE EEF. CV 0.00 " ''EXPUNGEMENT FEE.-EXPG 0.00 ' EXPIRED: RENEWAL -EXPR 0.00 '. ABSTRACT OF JUDGEMENT AOJ 5.00 ALLWRITS. WOP/WOE 0.00 ' DOB ETA FINE -DPSF 0.00 LOCAL FINES -FINE 970.80 LICENSE & WEIGHT FEES LWF 0.00 '- PARKS& WILDLIFE FINES '-PWF 576.00'. SEATBELT/UNRESTRAINED CHILD FINE - SEAT 0.00 �- JUDICIAL& COURT PERSONNEL TRAINING-JCPT 0.00 - * OVERPAYMENT (OVER $10)'-OVER 0.00 OVERPAYMENT($10 AND LESS) -OVER 0.00 RESTITUTION - REST 0.00 ,PARKS &WILDLIFE -WATER SAFETY FINESWSF 0.00 MARINE SAFETYPARKS&WILDLIFE -MSO. 0.00 :TOTAL ACTUAL MONEY RECEIVED - $4.198.24 TYPE: AMOUNT TOTAL WARRANT FEES 340.49` ENTER LOCALWARRANT FEE$ 296.63IMCORBONTOTALPAGEOF HILLCOUNTRY&OFTWANE MO REPORT STATE WARRANT FEES $43.86''. RECORD ON TOTAL PAGE OF HILL COUNTRY SOFTWARE MO. REPORT DUE TO OTHERS: AMOUNT '. DUE TO CCISD=.50% of Fine on JV cBse3 0.00 PLEASE INCLUDE U.R. REQUESTING DISBURSEMENT DUE: TO DA RESTITUTION FUND 6.00 PLEASE INCLUDE D.RREQUESTING DISBURSEMENT REFUND OF OVERPAYMENTS 1 0.00 PLEASE INCLUDE D R. REQUESTING DISBURSEMENT'. OUT -OF -COUNTY SERVICE FEE -0.00. REASEINCLUDE D.R.REQUESTINGDISBURSEMENT CASH BONDS 0.00 REASEINCLUDE D.R.PEQUESTINGDISBURSEMENTIIFREQUIREDI TOTAL DUE TO OTHERS $0.00-: TREASURERS RECEIPTS FOR MONTH: AMOUNT - CASH, CHECKS, M.O.s & CREDIT CARDS $4,19824 Calculate from ACTUAL Tnumurofs Receipts TOTAL TREAS. RECEIPTS $4198.24 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 5/1/2023 ACCOUNT NUMBER CR 1000-001-45012 CR 1000-001-44190 CR 1000-001-44362 CR 1000-00144010 CR 1000-00144062 CR 1000-001-44090 CR 1000-001-49110 CR 1000-001-44322 CR 1000-001-44145 CR 1000-999-20741 CR 1000-999-20744 CR 1000-999-20745 CR 1000-999-20746 CR 1000-999-20770 CR 2670-001-44062 CR 2720-00144062 CR 2719-00144062 CR 2699-00144062 CR 2730-00144062 CR 2669-00144062 CR 2728-00144062 CR 2677-00144062 CR 2725-001-44062 CR 7020-999-20740 CR 7070-999-20610 CR 7070-999-20740 CR 7072-999-20610 CR 7072-999-20740 CR 7860-999-20610 CR 7860-999-20740 CR 7860-999-20610 CR 7860-999-20740 COURT NAME: JUSTICE OF PEACE NO. 2 MONTH OF REPORT: April YEAR OF REPORT: 2023 ACCOUNTNAME AMOUNT FINES 1,057.20 SHERIFF'S FEES 383.82 ADMINISTRATIVE FEES: DEFENSIVE DRIVING 0.00 CHILD SAFETY 0.00 TRAFFIC 7.62 ADMINISTRATIVE FEES 20.00 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 TOTAL ADMINISTRATIVE FEES 27.62 CONSTABLE FEES -SERVICE 0.00 JP FILING FEES 5.00 COPIES / CERTIFIED COPIES 0.00 OVERPAYMENTS (LESS THAN $10) 0.00 TIME PAYMENT REIMBURSEMENT FEE 95.01 SCHOOL CROSSING/CHILD SAFETY FEE 0.00 DUE TO STATE -DRIVING EXAM FEE 0.00 DUE TO STATE-SEATBELT FINES 0.00 DUE TO STATE -CHILD SEATBELT FEE 0.00 DUE TO STATE -OVERWEIGHT FINES 0.00 DUE TO JP COLLECTIONS ATTORNEY 589.73 TOTAL FINES, ADMIN. FEES & DUE TO STATE $2,158.38 COURTHOUSE SECURITY FUND $51.85 JUSTICE COURT SECURITY FUND $2.77 JUSTICE COURT TECHNOLOGY FUND $46.62 JUVENILE CASE MANAGER FUND $10.56 LOCAL TRUANCY PREVENTION & DIVERSION FUND $44.45 COUNTY JURY FUND $0.89 JUSTICE COURT SUPPORT FUND $150.00 COUNTY DISPUTE RESOLUTION FUND $30.00 LANGUAGE ACCESS FUND _ $18.00 j STATE ARREST FEES DPS FEES 9.47 P&W FEES 4.80 TABC FEES 0.00 TOTAL STATE ARREST FEES 14.27 CCC-GENERAL FUND 55.11 CCC-STATE 495.99 DR 7070-999-10010 551.10 STATE CCC- GENERAL FUND 9.31 STATE CCC- STATE 83.81 DR 7072-999-10010 93.12 STF/SUBC-GENERAL FUND 1.69 STF/SUBC-STATE 32.13 DR 7860-999-10010 33.82 STF- EST 9/1/2019- GENERAL FUND 2.82 STF- EST 9/1/2019- STATE 67.77 DR 7860-999-10010 70.59 Page 1 of 2 C MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 5/1/2023 COURT NAME: JUSTICE OF PEACE NO. 2 MONTH OF REPORT: April YEAR OF REPORT: 2023 CR 7950-999-20610 TP-GENERAL FUND 16.33 CR 7950-999-20740 TP-STATE 16.32 DR 7950-999-10010 32.65 CR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 0.00 CR 7480-999-20740 CIVIL INDIGENT LEGAL -STATE 0.00 DR 7480-999-10010 0.00 CR 7865-999-20610 CRIM-SUPP OF IND LEG SVCS-GEN FUND 0.41 CR 7865-999-20740 CRIM-SUPP OF IND LEG SVCS-STATE 3.73 DR 7865-999-10010 4.14 CR 7970-999-20610 TUFTA-GENERAL FUND 78.70 CR 7970-999-20740 TUFTA-STATE 157.41 DR 7970-999-10010 236.11 CR 7505-999-20610 JPAY - GENERAL FUND 1.66 CR 7505-999-20740 JPAY - STATE 14.94 DR 7505-999-10010 16.60 CR 7857-999-20610 JURY REIMB. FUND- GEN. FUND 1.11 CR 7857-999-20740 JURY REIMB. FUND- STATE 9.95 DR 7857-999-10010 11.06 CR 7856-999-20610 CIVIL JUSTICE DATA REPOS: GEN FUND 0.01 CR 7856-999-20740 CIVIL JUSTICE DATA REPOS: STATE 0.13 DR 7856-999-10010 0.14 CR 7502-999-20740 JUD/CRT PERSONNEL TRAINING FUND- STATE 0.00 DR 7502-999-10010 0.00 7998-999-20740 TRUANCY PREVENT/DIV FUND - STATE 2.77 7998-999-20701 JUVENILE CASE MANAGER FUND 2.77 DR 7998-999-10010 5.53 7403-999-22889 ELECTRONIC FILING FEE - CV STATE 0.00 DR 7403-999-22889 0.00 7858-999-20740 STATE CONSOLIDATED CIVIL FEE 126.00 126.00 TOTAL (Distrib Req to Oper Acct) $3,708.64 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD 0.00 DA - RESTITUTION 0.00 REFUND OF OVERPAYMENTS 0.00 OUT -OF -COUNTY SERVICE FE 0.00 CASH BONDS 0.00 PARKS & WILDLIFE FINES 489.60 WATER SAFETY FINES 0.00 TOTAL DUE TO OTHERS $489.60 TOTAL COLLECTED -ALL FUNDS $4,198.24 LESS: TOTAL TREASUER'S RECEIPTS $4,198.24 OVER/(SHORT) $0.00 Page 2 of 2 CALHOUN DISTRIBUTION COUNTY REQUEST 201 West Austin DR# 450 A 45047 PAYEE PAYOR Name: Calhoun County Oper. Acct. Official: Address: Title: City: State: Zip: Phone: Hope Kurtz Justice of the Peace, Pct. 2 ACCOUNT NUMBER DESCRIPTION AMOUNT 7542-999-20759.999 JP2 Monthly Collections - Distribution $3,708.64 April 2023 V# 967 Signatur of Official Date TOTAL 3,708.64 05/01/2023 10:43CALHOUN CO PRCT 5 (FA%)3619B32461 P.001/005 FAX COVER SHEET AND JUSMr FOR AU.... DATE: MAY 1, 2023 JUDGE NANCY POMYKAL P 0 BOX 454 PORT 0' CONNOR, TX.77982 (361)983-2351 -TELEPHONE (361)983-2461 - FAX COUNTY OF CALHOUN JUSTICE COURT PCT. 5 PAGES: 5 Including this cover TO: JUDGE RICHARD MEYER & COUNTY COMMISSIONERS ATT: MaeBelle FAX NUMBER(S) 361-553-4444 SUBJECT: APRIL. 2023 — MONEY DISTRIBUTION REPORT NOTE: MaeBelle I am faxing the above report for APRIL 2023 Please give me a call if you have any questions. Thank you, �777�/i'J,77�7�JIn1Jl�fJ THE CONTENTS OF THIS FAX MESSAGE ARE INTENDED SOLELY FOR THE ADDRESSEE($) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by fax and then destroy this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. 05/O1/2023 10:43CALHOUN CO PRCT 5 (FA%)3619832461 P.002/005 0 C) H H a m r m y O n n n p n^ m N m M n 13 p NLn+H IE'� '1.n 'AN 'Afn N Lw C H N H tom+ r 4 C9 m lC 'q w tl p n n �[an9J GmH I'.$rop( �yyJ n (yJ ryyyJ 0 O OmOHO '*10 M W 1 L'+7 L+1 C' NCB S H?Cy n � K n(K�NCp� Q Cps �] pr,M W Y m M 3^iY3M(a<ZL�9H m M m Lo M N m N w W C C W �rWey]1 M N N t+ .. •" H 2 O� Z W1 m M R O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m616) 0OoC1 C1 E1 G141 n t] G+000 in r r n 0 L� t+ n n n000 H S S Htl H H H H o O C�y 0 0 N N N [tl7 Wtl7 Ltl+J n M OM UMWtl7 w w m DO Wtl1 W m O+ N f+ I� N N W -� U HAY N r� J NN JN OYmtn b 1'� W lP Y {.11 O O U O O O VI b m Q VI V O O 0 0 0 p+ O O N m O J v m o 0 b O v N w m voo OO V+A ObO NOO �OOmN N W N N W J W y O O Op n N O O m O O b O m 0 0 0 0 0 Y 0 O O v O O O O O O O W O O O O O N O W w Y M N W O m to oto tit moo tl�OObO O O O O m m o o a o 0 1n a o b o a o o a o o m N W N w N N W .: m ON Y N r� m w +~1 w m r nm+ 01 N- m m 10 0 coo F• O O N Y O J O W O O 10 O V N w O O O O O ... 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A u T 0 N m 0 �+' (n 0 4 m M O O m �'pp a W W 8 2 P m m ro a m 'F W O W N m x O N �� W O 4+ B� WC�yy1 O 7 0 W IY 1D S v R rye m d L•1 14 y J Lmi. tZl� l9 M W N S M m OE m N O 9, 'Lay tll W • Y A rt m A N t1 N � N 'JJ N � et '�tl � y O al h01 N n' �C (] m FAO M C o N p O p N C O O M N C A� p N p N 91P n N m O n 0 N N OO n p N m O N M N A N m 0 N m p N W O W m 0 a K W R tC W H � � o M P P P p q a a a a a a R (ma a m w N O O q\ \ \ P P O O O S w In U (!I N a W W W W 0 o e N N N N N N N N N N O N O N O N O N O N O N O N q0 n a m m H In e N Cl w N b N N O O m H N W W N w w O b O O N H b O O a 0 p o 0 10 O� tJl 01 W W Ol N H O1 O� O. 01 N O N N H O N P w N N N N O O 00 00 m O O 0 0 O O O O O O m O p O O O O O O O O Y H O Y H fv a b a {!I N A a a O I+ O O O J O O p w N F' Np V m m q iO a O a a p m io b O O O O O N O O O O O O b O O O O p t� n A A F+ N N N N m m W H O O O O O O O O O p p 00 O o O O O O W W N f+ O O p1 O O O N O O O O O P.003/005 05/01/2023 10:44CALHOUN CO PRCT 5 (FAX)3619832461 w W w W W W W W W W W J J J J J J J J J J J p p zz N O N O n N N K O n N N F Y o m [+] O AI p 0 Gl N O CI H O N CCII O W O O O tl 0 N H 5 I xo ,ZTo [+J o yyo po ro 1. I I H O I yo I tlo dm .+ HN H z w r H 7F' mo HO W a 2 H z Z 0 0 xyn o 0 0 0 o O e o 0 0 0 o a o a a iY a a A a a ` a Ty a N N N N N N N N N Q N O O O O O O O O O N N N N N N N N N N N W W W W W W W W W H rW� F. M y£ ✓y�i nW o n g 77 R A A fyi N N m q Y+ VI p1 V VI V1 VI O1 V� U 01 O UI O N N UI 0 0 0 o O O p 0 0 0 0 0 W O O O O O O O O 0 0 O O O i H n A A n N£ A I C 9 +1 n f'1 c1 nn n N C (nj n C m f� f� 0 M m 01 Q+ N Q+ J O+ t>\ W p p O Om m O 0 0 O O O N O O O O p O O O O O nn n w !i Fro+ n M r A n W W m O a U O a a N W O O O O O O p O O w w H O N N o +y m O O O o H I+ H H H 40 W +y W '+ �+ i• w O O O o O O O O o O p o o p a o t Ll O N N n N n n p F+ N O O O p O o p O O o 0 0 0 0 O o O O p H a A O O O O O O p W I+ w N a W O O O o O O P.004/005 05/01/2023 10:44 CALHOUN CO PRCT 5 (FAX)3619832461 W w W w u w w w W w w J J J J J J J J m m m m m m m m m m m n m m n m m n tp m n m m n m A q m n [^ m n p m n m n m J n m J (i M m M J ry ai T ry N U ry a ry C w H O N ly W r }' � m � m ry W 0. 0. 0. 0 0 P� P n P m ? W q o W o W AA o a a m y W O W o W C O a is a 0 0 y o y 2 0 ry N M N n w N [t LV N N K N H 3 N M C� N ry N Yi N y N M O N 0.� N 0. .0 0 0 �� '''HLLdH o o n O ro o {tl m N E E m H J tlt � b v x o m o o e m o 0 o N o 0 cl W W N N N N N N M N N N N \ \ \ ! \ \ \ [1 \ \ N N N N N N N N N N N N o o m O N N N W N N AOf W W W W W W W w W w N H � N N O C O p m m w yl N W N W m O O O 00 m A m O O o O O O n n 0 (❑(�� •� t+ n n n A r O Y J N N N u H N N N 0 0 n n n w H r �l H m N n N (r 00 (� 0 (nj m U O m ro e C IMI ro W �r O H o e a •e H m a J F a �o N m �a N m a �p 0 o o O O e til W 1p N p o p 0 0 H H m m w U N a U r W r a m U a U NO O O O O O O O N O W A O O O O O m P•005/005 SHERIFF'S OFFICE MONTHLY REPORT Apr-23 BAIL BOND FEE $ 705.00 CIVIL FEE $ 682.68 CASH BOND $ 201.00 JP#1 $ 3,454.87 JP#2 $ 1,487.95 JP#3 $ JP#4 $ JP#5 $ 345.00 SEADRIFT MUN. $ 545.00 PC MUN $ 462.80 OTHER TOTAL: $ 7,884.30 I {� # 26 NOTICE OF MEETING-1 /10/2023 26. 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 23 of 24 0: m; »; ■; m: z; z: »; m; ■: m; «: m: z: C: m: § / ; I« mi §rm __ _ coo ■s§ \\\k§§ ■ § m k , § z itm\ ■ § § § Ma/ g§ �B m■ �| §k ■■ ME . 72k ° \) 2e $q cnM �k§ m;- `/§ m C.= m �§ ) § % § § § § ■ " m B � m o S | 200 ) / kgg 2 « 4 _ m ;££ ; ) 2 „ § { m k � S d G � \ z § § « _ _B� , M/ M� 0 `■§ V Z\ .L\ k k \ fkB CO 9§ m m _Zi z § 0: m: ») �) ■; m: z: �! / § ( A % N 2 'n § 0 ) � k m � m . k § k k \ k ■� l- $ § � § � � _ §, §� §§| _ ; m ■ ■� T ■S § ■ | � m !B v� ■ m: ■; � o| a: ■: o: ■s� !�§■ ) �§#■ § § m ` m ' ■ ° § 00: »: ■ § m m § ■: cn m § k z: > ■ $ § ■ ■: m§ M: n ■ , m: m m: z: k m) @ §■_ §§ ) ■ ; , § ■ ■ ; § } P § ` k § » � §§ ; � ■ ) k■ m � ■ m; q ■ § �. ■ m) § © �� ■ Z| S§ ®m � BB§ §gym ) }) \\ >M§ §�§ \ § _ �®®■ ■zz m 600 /\ $� kzz ,m §��■ §§ § � GG q �§ j« »#«�■ m§ §■ _.§ �\ 00 mB �2 a _a§■■ %lw 2222§ is Woo ZII■I? � v: m: �k 0 t A q A 2 �§ § N N A ~ 0 0 m 0 m ea a U) y z A z 0 0 m a 1 m m 1 0 D r t)— % O m=_ a=_ 1= m= Z= c o Z =_ v O � Z fR EH O cc W = O bs fA = o 0 m $ m z Ti m m z 1 M. m N �e 0 m m Ze o OE : m m: z n Ae z Z€ v: m: a: �1e m: Z: 0�/� W to: m O a z O O m D 1 m m z 1 0 D r O 0 O O O O 0 1F ti a 3 m mi Z IN ZA! m! m Z H a 3i m! m Z! it of H v! m mi m a: 3: x m: 9 Z; 3 y 'a0 'a r a Bill v: m: a: 3 m; Z' o # 27 ' NOTICE OF MEETING.- 5/10/2023 27. Approval of bills and payroll. (RHM) MMC Bills: RESULT: APPROVED [UNANIMOUS]' MOVER: David Hall, Commissioner Pct 1 SECONDER:' Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese County Bills 2023: RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner PcY 1 SECONDER:' Vern Lyssy, Commissioner Pct 2 AYES:. Judge Meyer, Commissioner Hall, Lyssy, Behrens, Reese Adjourned 11:02am Page 24 of 24 a WHO z K7 tl 7 1.4z ri N H H y i Sg N O ro w H t O Q x ro n dJ ? H C H M1 M h z Z 7 H C m �G t V H t p7 F 3 u 7 n h C Q 0 b N N N a O W W K W ro ro %y rro � O mm O z y JI ro rororo Vi F» sA Fn 5n cri m v} m r m r r N W J J O O W W G J V W r A O O 00 OD VI W N W MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ---May 10, 2023 TOTALS TO BE APPROVED TRANSFERRED FROM ATTACHED PAGES TOTAL PAYABLE% PAYROLL AND ELECTRONIG BANK PAYMENTS S 1,033,62138 TOTAL TRANSFERS BETWEEN FUNDS TOTAL NURSING HOME UPL EXPENSES TOTAL INTER -GOVERNMENT TRANSFERS $ 237,291.63 5. 418,46534 GRAND TOTAL DISBURSEMENTS APPROVED.May I0; 2023 MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ---May 10, 2023 PAYABLES AND PAYROLL 515/2023 Weekly Payables 520,189.27 5/512023 Patient Refunds 298.83 51812023 Veronica Ortiz -employee payroll re4asue due to return from bank 753.70 5/8/2023 McKesson-340B Prescription Expense 12,366.36 5/8/2023 Amerisource Bergen-340B Prescription Expense 1,124.04 5/812023 Payroll Liabilities -Payroll Taxes. 120,566.98. 5/8/2023 Payroll 376,983.77 Prosperity Electronic Bank Payments 513-5/5,23 Credit Card & Lease. Fees 899.51 5/1-5/5123 Pay Plus -Patient Claims Processing Fee 408.22. 5/2/2023 Authnet Gateway Billing-3rd Party Payor Fee 3070 TOTAL PAYABCES; PAYf2OLLAND=ELECiRON11113ANKPAYMENT TRANSFER BETWEEN FUNDS FROM MMC TO NURSING HOMES 5/6/2023 MMC Operating to Ashford -correction of NH QIPP payment deposited into MMC 6,392.03 Operating 5/512023 MMC Operating to Solera-correction of NH QIPP payment deposited into MMC 2,686.09 Operating 5/5/2023 MMC Operating to Fort bend -correction of NH QIPP payment deposited Into 2,772.03 MMC Operating 5/5/2023 MMC Operating to Bmadmoor-correction of NH Insurance and QIPP payment 4,480.32 deposited into MMC Operating 5/5/2023 MMC Operating to Crescent -correction of NH insurance and OIPP payment 7,413.44 deposited into MMC Operating in error 5/5/2023 MMC Operating to Golden Greek -correction of NH insurance and QIPP payment 92,674.29 deposited into MMC Operating in error 515/2023 MMC Operating to Gulf Pointe Plaza -correction of NH insurance and QIPP 3,915.29 payment deposited Into MMC Operating 5/5/2023 MMC Operating to Tuscany Village -correction of NH insurance and QIPP 11,323.63 payment deposited into MMC Operating 5/5/2023 MMC Operating to Bethany -correction of NH insurance payment deposited into 105,634.41 MMC Operating TOTAL TRANSFERS RETNIEEN FUNDS $ 23F,24163 NURSING HOME UPL EXPENSES 5/8/2023 Nursing Home. UPL-Cantex Transfer 12g,671.54 518/2023 Nursing Home UPL-Nexton Transfer 61,284.74 518/2023 Nursing Home UPL-HMG Transfer 60,760.05 518/2023 Nursing Home LPL -Tuscany Transfer 37,540.93 5/8/2023 Nursing Home UPL-HSL. Transfer 111,658.08 TRANSFER OF FUNDS BETWEEN NURSING HOMES 5/82023 Crescent to Tuscany -correction of Tuscany insurance payment deposited Into 17,550.00 Crescent In error TOTAL NURSIN&HOME UPL EXPENSES 418gg5,3¢; TOTAL INTER -GOVERNMENT TRANSFERS GRAND TOTAL DISBURSEMENTSAPPROVEDMa %2023$' 109,378'.25 Page t of 14 n�c€I,v€�ar '::{3lFr&UriAG;i 13Ta MAY 0 1 MEMORIAL MEDICAL CENTER 05/04/2023 0 ,C-gLgo42f2'WUN'A'A,i-_z w AP Open Invoice List Due Dates Through: 05/25/2023 ap_open_invoice.lemplate Vendor# Vendor Name Class Pay Code 14680 AEfNA INC.+° Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 180391. ✓ 04/28/20 04/21/20 05/12/20 55.42 0.00 0.00 55.42 N+' PTREFUND 213342 ✓ 04/28/20 04/21/20 05/12/20 59.26 0.00 0.00 59.26 ✓� PT REFUND 215701 ✓!� 04/28/20 04/21/20 05/12/20 28.74 0.00 0.00 28.74 PTREFUND) r, 180429 ✓ 04/28/20 04/21/20 05/12/20 75.42 0.00 0.00 75.42 PT REFUND i . 217776 ✓ 04/28/20 04/21/20 05/1 PJ20 28.74 0.00 0.00 28.74 ✓' PT REFUND E 180422 04/28/20 04/21/20 05/12/20 75.42 0.00 0.00 75.42 PT REFUND 178856 04/28/20 04/21/20 05/15/20 55.42 0.00 0.00 55.42 �,✓ PT REFUND Vendor Totals Number Name Gross Discount No -Pay Net 14880 AETNA INC. 378.42 0.00 0.00 378.42 Vendor# Vendor Name Class Pay Code A1680 AIRGAS USA, LLC-CENTRAL DIV f' M Invoice# Comment Tran Dt Inv Ot Due Dt Check D Pay Gross Discount No -Pay Net 9996843842 .l% 04/28/20 04/30/20 05/25/20 301.85 0.00 0.00 301.85 ` OXYGEN 9137537551 ✓Y 04/28/20 04/30/20 05/25/20 2,481.16 0.00 0.00 2,481.16 LW' BULK RENTAL Vendor TotaleNumber Name Gross Discount No -Pay Net A1660 AIRGAS USA, LLC -CENTRAL DIV 2,783.01 0.00 0.00 2,783.01 Vendor# Vendor Name Class Pay Code 12900 AMANDA GRIGGS r,/' Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 4202023 04/23/20 04120/20 05/16120 284.95 0.00 0100 284.95 4.1 TRAVELREIMBMt lqui jj,"t.j vL y�Va,p 411S-41iu,1a3. 042023 04/28/20 04/20/20 05/15/20 60.00 0.00 0.00 60.00 >✓� LSVT CERT Vendor TotaleNumber Name Gross Discount No -Pay Net 12900 AMANDA GRIGGS 344.95 0.00 0.00 344.95 Vendor# Vendor Name Class Pay Code 14028 AMAZON CAPITAL SERVICES v" Invoice# Comment Tran Ot Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 1XDC•WV3L-J7LTwi 04/25/20 04/23120 03/23/20 76.16 0.00 0.00 76,16 SUPPLIES Vendor Totals Number Name. Gross Discount No -Pay Net 14028 AMAZON CAPITAL SERVICES 76.16 0.00 0.00 76.16 Vendor# Vendor Name Class Pay Code A2150 ANNOUNCEMENTS PLUS TOO AGAIN ,/ W Invoice# Comment Tran Ot Inv Ot Due Dt Check 0 Pay Gross Discount No -Pay Net 4627 f r 04/25/20 04/19/20 04/29/20 23.97 0.00 0.00 23,97 file:///C:/Users/ltrevino/cpsi/memmed.cpsinet.com/uSS 125/data_5/tmp_cw5report4229626... 5/4/2021 Page 2 of 14 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net A2150 ANNOUNCEMENTS PLUS TOO AGAIN 23.97 0.00 0.00 23.97 Vendor# Vendor Name Class Pay Code A2600 AUTO PARTS & MACHINE CO.,% W Invoice# Comment Tran Ot Inv Ot Due Dt Check 0- Pay Gross Discount No -Pay Net 006593 ,/ 04/28/20 04/26/20 05/11/20 56,24 0.00 0.00 56.24 ✓ SUPPLIES Vendor Totals Number Name Grass Discount No -Pay Net A2600 AUTO PARTS & MACHINE CO. 56.24 0.00 0.00 56.24 Vendor# Vendor Name Class Pay Code. B115D BAXTER HEALTHCARE,,,` Vy Invoice# Comment Tran Ot Inv Dt Due Ot Check 0Pay Gross Discount No -Pay Net 78882531 ✓° 04/25120 04/04/20 04/29/20 69524 0.00 0.00 595.24 ✓' SUPPLIES 78791727 .` 04/25/20 04/17/20 05/12/20 578.41 0.00 0.00 578.41 SUPPLIES 78858742 rr 04/25/20 04/25/20 05/20120 347.62 0.00 0.00 347.62 ✓ SUPPLIES 78038913 ✓' 04/28/20 04/21/20 05/16/20 2,367.50 0.00 0.00 2,367.50 rrr� LEASE 78838925 f 04/28/20 04/21/20 05/16/20 629.50 0.00 0.00 629.50 LEASE 78844167 ✓ 04/30120 0412=0 05/18/20 591,50 0.00 090 591,50 LEASE Vendor TotalsNumber Name Gross Discount No -Pay Net B1150 BAXTER HEALTHCARE 5,209.77 0.00 0.00 5,209.77 Vendor# Vendor Name Class Pay Code 81220 BECKMAN COULTER INC ✓ M Invoice# Comment Tran Dt Inv DI Due Dt Check D Pay Gross Discount No -Pay Net 1105747041/ 04/25/20 04124/20 05/19/20 1,142.70 0.00 0.00 1,142.70 a1'` SUPPLIES 110574807 +"' 04/2B/20 04/24/20 05/19/20 856.35. 0.00 0.00 856.35..-'' SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 81220 BECKMAN COULTER INC 11009.05 0.00 0.00 11999.05 Vendor# Vendor Name Class Pay Cade 14504 BG MEDICAL LLC ,/ Invoice# Comment Tran Dt Inv Dt Due Dt Check 0 Pay Gross Discount No -Pay Net 195729W 04125120 0312PJ20 03/22120 19,550.00 0.00 0.00 19,550.0o.-- SUPPLIES if'tfWtWpf ey, 1'r*yku lut '$'a �v.�A4'j uv4iyt~ Vendor Totals Number Name Gross Discount No -Pay Net 14504 BG MEDICAL LLC 19,550.00 0.00 0.00 19,550.00 Ventlor# Vendor Name Class Pay Code 11211 BHB MACHINE & PUMP REPAIR, LLC r/i Invoice# Comment Tran Dt Inv Dt Due Ot Check D Pay Grass Discount No -Pay Net 02309358 �% - 05/02/20 05/02/20 05/15/20 990.99 0.00 0.00 990.99 SUPPLIES Vendor Totals Number Name Grass Discount No -Pay Net 11211 BHB MACHINE & PUMP REPAIR, LLC 990.99 0.00 0.00 990.99 Vendor# Vendor Name Class Pay Code fife:///C:/Users/Itrevino/cpsi/memmed.cpsinet.com/u88125/data 5/tmp_cw5report4229626... 5/4/2023 Page 3 of 14 11072 BIC-RAD LABORATORIES, INC ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount Nu -Pay Net 906292642 ✓ 04/28/20 04/20/20 05/20/20 899.21 0.00 0.00 899.21 ✓ SUPPLIES Vendor TotalE Number Name Gross Discount No -Pay Net 11072 BIO-RAD LABORATORIES, INC 899.21 0.00 0.00 899,21 Vendor# Vendor Name Class Pay Code B1650 BOSART LOCK & KEYING „/ M Invoice# Comment Tran Dt Inv Dt Due Dt Check O Pay Gross Discount No -Pay Net 126117 ,/` 04/28/20 04/27/20 05125/20 29.20 0.00 0.00 29.20 ✓�- SUPPLIES Vendor Total: Number Name Gross Discount No -Pay Net B1650 BOSART LOCK & KEY INC 29.20 0.00 0.00 29.20 Ventlor# Vendor Name Class Pay Code B1800 BRIGGS HEALTHCARE v" M Invoice# Comment Tran Dt Inv Dt Due Ot Check D Pay Gross Discount No -Pay Net B427240 v' 04/28/20 04/24/20 05/24/20 285,65 0.00 0.00 285.65 SUPPLIES Vendor TotalE Number Name Gross Discount No -Pay Net 81800 BRIGGS HEALTHCARE 285.65 0.00 0.00 285.65 Vendor# Vendor Name Class Pay Code C1048 CALHOUN.COUNTY W Invoice# Comment Tran Ot Inv Dt Due Dt Check DPay Gross Discount No -Pay Net 52515267 v / 04/28/20 04/24/20 06/24/20 33,685AS 0.00 0.00 33,685.48 tr` ENERGY ,SHELL 52516591✓� 04128/20 04/24120 05/24/20 1.416.82 0.00 0.00 1,416.82 SHELL ENERGY , 52516658 ✓ 04/28/20 04/24/20 05/24/20 6.47 0.00 0100 8.47 SHELLENERGY 52517038 oi'' 0412WO 04/24/20 06/24/20 437.81 0.00 0.00 437.61 SHELL 1.893649 52518587 V,. 04/28/20 04124/20 05/24/20 ISM O.Oo 0.00 18.86 SHELLENERGY Vendor Totale Number Name Gross Discount No -Pay Net C1048 CALHOUN COUNTY 35,567.44 0.00 0.00 35,567.44 Ventlor# Vendor Name Class Pay Code 13000 CLEARFLY Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay - Net INV509271 �` 05/01/2005/01/2005/15120 1,196.17 0.00 0.00 1,196.17y,`' PHONE Vendor Total: Number Name Gross Discount No -Pay Net 13000 CLEARFLY 1,196.17 0.00 0.00 1,196.17 Ventlor# Vendor Name Class Pay Code 10212 CLINICAL PATHOLOGY LABS t,,f ICP Invoice# Comment Tran Dt Inv Dt Due Ot Check D Pay Gross Discount No -Pay Net 17658-PO2303 y✓F 04/2812003/3112004/30/20 22,764.27 0.00 0.00 22,764.27 LAB SERV Vendor Totale Number Name Gross Discount No -Pay Net 10212 CLINICAL PATHOLOGY LABS 22,764.27 0.00 0.00 22,764.27 Vendor# Vendor Name Class Pay Code 13032 DAWN MAREK fi Ie:///C:/Userslltrevinolcpsilmemmed.cpsinet. com/it88125/data_5/tmp_cw5report4229626... 5/4/2023 Page 4 of 14 Invoice# Comment Tran Dt Inv or Due Dt Check D Pay Gross Discount No -Pay 050123 04/28/20 05/01/20 05/15/20 469.39 0.00 0.00 TRAVELREIMS F4.in3q Y §ray l>1a/ ntAb ) t°cia@-e�aa�ui 41U-A-j--A)-j,4 Vendor TotalENumber Name Grass Discount No -Pay 13032 DAWN MAREK 469,39 0.00 0.00 Vendor# Vendor Name Class Pay Code 10368 DEWITT POTH & SON y Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay 716707-0 04/28/20 04/24/20 05/19/20 19.91 0.00 0100 SUPPLIES 716697-0 ✓' 0412W2004/2412005/19120 277.17 0.00 SUPPLIES 717097-0 �/ 04/28120 04/28M 05123M_0 288.88 0.00 SUPPLIES Vendor TotalE Number Name Gross Discount 10368 DEWn7 POTH & SON 585.96 0.00 Ventlor# Vendor Name Class Pay Code 10789 DISCOVERY MEDICAL NETWORK INC Invoice# Comment Tran Dt Inv Dt Due DI Check 0 Pay Gross Discount MMC043023 ,,.r✓ 04/30/20 04130/20 05101/20 218,082.87 0.00 PHYSICAN SERVICES 1411*- Vendor Totals Number Name Gross Discount 10789 DISCOVERY MEDICAL NETWORK INC 218,082.87 0.00 Vendor# Vendor Name Class Pay Cade 11291 DOWELL PEST CONTROL „/ Invoice# / Comment Tran Dt Inv Dt Due Dt Check D' Pay Gross Discount 16907 ✓ 04/26/20 04/24/20 05/19/20 105.00 0.00 PEST CONTROL 16899 rf 04/26/20 04/24/20 05/19/20 160.00 0.00 PEST CONTROL Vendor Totals Number Name Gross Discount 11291 DOWELL PEST CONTROL 265.00 0.00 Vendor# Vendor Name Class Pay Code 30501 DR JEANNINE GRIFFIN r' W Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount 04D123 04/28/20 04115/20 05/15/20 5,000.00 0.00 APR 23(10 DAYS) t4h-A'Pa a, on t<t I Vendor TotalE Number Name Gross Discount G0501. DR JEANNINE GRIFFIN 5,000.00 0.00 Ventlor# Vendor Name Class Pay Cade 14832 DR JOHN CLINTON Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount 040123 04/28/20 04/30/20 05/15120 7,000.00 0.00 APRIL 23(14 DAYS) 1413-41141a31 FkJA^Ka ,a1¢.,�c'4t Vendor TotalE Number Name Gross 14832 DR JOHN CLINTON 7,000.00 Vendor# Vendor Name Class Pay Code W1372 DR. JOHN WRIGHT Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 040123 04/28/20 04/16/20 05/15/20 3,000.00 APR23(6DAYS) t41tD-41IUj-ji5 1'eldw6ti�s^,� µRt.. 0.00 0.00 Net 469.39 Net 469.39 Net m91 ✓' 277.17 of 288.88 f No -Pay Net 0.00 585.96 No -Pay Net 0.00 218,082.87rf� NO -Pay Net 0.00 218,082.87 No -Pay Net 0.00 105,00 f 0,00 160.00 +� No -Pay Net 0.00 265.00 No -Pay Net 0.00 $,000.00 v^'^ No -Pay Net 0.00 5.000.00 No -Pay Net 0.00 7,000.00 Discount NO -Pay - Net 0.00 0.00 7,000.00 Discount No -Pay Net 0.00 0.00 3,000.00 file:/!/C:/Users/ltrevino/cpsi/memmed,cpsinet.com/u88125/data_5/tmp_cw5report4229626... 5/4/2023 Page 5 of 14 Vendor Totals Number Name Gross Discount No -Pay Net W1372 DR. JOHN WRIGHT 3,000.00 0.00 0.00 3,000.00 Vendor# Vendor Name Class Pay Code 12044 DRIESSEN WATER INC. (CULLIGAN) yf Invoice# Comment Tran Dt Inv Ot Due Dt Check D Pay Gross Discount No -Pay Net 0430202304/30120 04/30/20 05122/20 340AS 0.00 0.00 340.45 WATER Vendor Totals Number Name Gross Discount No -Pay Net 12044 DRIESSEN WATER INC. (CULLIGAN) 340,45 0.00 0.00 340.45 Vendor# Vendor Name Class Pay Code 10175 DSHS CENTRAL LAB MG2004 c/ Invoice# Comment Trap Dt Inv Dt Due Dt Check DPay Gross Discount No -Pay Net 032023 04128120 04103/20 04128/20 1,588.75 0.00 0.00 1.588.75 w,/ LAB SERV Vendor Totals Number Name Gross Discount No -Pay Net 10175 DSHS CENTRAL LAB MC2004 1.588.75 0.00 0.00 1,588.75 Vendor# Vendor Name Class Pay Code C2510 EVIDENT / M Invoice# Comment Tran Dt Inv Dt Due Dt Check DPay Gross Discount No -Pay Net T23041.71378 ✓,+/ 04/28/20 04/17/20 06/12/20 9,315,24 0.00 0.00 9,315.24,, BUSINESS SERV Vendor Totals Number Name Gross. Discount No -Pay Net 02510 EVIDENT 9,315.24 0.00 0.00 9.315.24 Vendor# Vendor Name Class Pay Code F1300 FIRESTONE OF PORT LAVACA W Invoice# Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net ,+Comment 0081126 ✓ 04/28120 03/06/20 04/06/20 121.08 0.00 0.00 121.08 ✓r OIL CHANGE 0081169 /' 04/28/20 03/08/20 04/08/20 79.91 0.00 0.00 79.91 OIL CHANGE Vendor Totals Number Name Gross Discount No -Pay Net F1300 FIRESTONE OF PORT LAVACA 200.99 0.00 0.00 200.99 Vendor# Vendor Name Class Pay Cade F1400 FISHER HEALTHCARE v/ M Invoice# Comment Tran Dt Inv Ot Due Dt Check D Pay Gross Discount No -Pay Net 2296173 �/ 04/25/20 04/19/20 05/14/20 257.86 0.00 0.00 257.86 ' SUPPLIES 2296172 % 04/25/20 04/19/20 05/14/20 520,25 0.00 0.00 520.25 ..'� ,,SUPPLIES 2334599 v� 04/25/20 04/20/20 05/15/20 204.54 0.00 0.00 204.54 /SUPPLIES 2371466 04/25/20 04121/20 05/16120 16.64 0,00 0.00 16.64„/. SUPPLIES 2407042 04/25/20 04/24/20 05/19/20 136.80 0.00 0.00 136.80 V1 2 ;SUPPLIES 2445120 1f 04/25/20 04/25/20 05/20/20 402.02 0.00 0.00 402.02 ✓' SUPPLIES 2445119 1/ 04/25/20 04/25/20 05/20/20 62.60 0.00 0.00 52.60 wi ` SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net F14o0 FISHER HEALTHCARE 1,590.71 0.00 0.0o 1.590.71 tile:!/!C:iUsers/ltrevino/cpsilmemmed.cpsinct.com/u88125/data 5/tmp_cw5report4229626... 5/4/2023 Page 6 of 14 Vendor# Vendor Name Class Pay Code 11183 FRONTIER y� Invoice# Comment Tran Dt Inv Dt Due Ot Check D Pay Gross 041923 04/28/20 04/ 19/20 05/15/20 70.40 PHONE 042323 04/28/20 04/23/20 05/17/20 39.05 Discount No -Pay Net 0.00 0.00 70.40 0.00 0.00 39.05 PHONE Vendor Total;. Number Name Gross Discount No -Pay 11183 FRONTIER 109.45 0.00 0.00 Vendor#Vendor Name Class Pay Code 14156 FUJI FILM Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay 91323950 / 04/28/20 04/25/20 05/1.5/20 7,908.33 0.00 0100 CONTRACT Vendor Totals Number Name Gross Discount No -Pay 14156 FUJI FILM 7,908.33 0.00 0.00 Vendor#Vendor Name Class Pay Code 12948 .GREAT AMERICA FINANCIAL SVCS ,' Invoice# CommSpent Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay 33185236REV,/ 04/28/2001/06/2001/31/20 149.72 0.00 0.00 COPIERS 33558927REV el 04/28/20 01/28/20 02/28120 106.76 0.00 0.00 COPIERS Vendor Totals Number Name Gross Discount No -Pay 12948 GREAT AMERICA FINANCIAL SVCS 256.48 0.00 0.00 Vendor# Vendor Name Class Pay Code G0401 GULF COAST DELIVERY,,/` Invoice# Comment Tran. Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay 042823 04/28/20 04/28/20 05/25/20 75.00 0.00 0.00 REPORT/SLIDES tA1yI,_- E3�22� Vendor Totals Number Name Gross Discount No -Pay G0401 GULF COAST DELIVERY 75.00 0.00 0.00 Vendor# Vendor Name Class Pay Code G1210 GULF COAST PAPER COMPANY M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay 2385680 / 04/25/20 04/25/20 05/25/20 39.00 0.00 0.00 SUPPLIES 2386310 .f! 04125120. 04/26/20 05/25/20 6.00 0.00 0.00 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay G1210 GULF COAST PAPER COMPANY 46,00 0.00 0.00 Vendor# Vendor Name Class Pay Code �, H0031 HEB CREDIT RECEIVABLES DEPT308 ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay 042623 04/28/20 04/26/20 05/25/20 974.95 0.00 0.00 Vendor Totals Number Name Gross H0031 HEB CREDIT RECEIVABLES DEPT308 974.95 Vendor# Vendor Name ,,% Class Pay Code 14872 HOLLAND 8 KNIGHT LLP ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay 0.00 0.00 Net 109.45 Net 7,908,33 ✓� Net 7,908.33 Not / 149.72 106.76 y/ Net 256.48 Net 75.00 Net 75.00 Net 39.00 j' 6.00 Net 45.00 Net 974.95 Net 974.95 Discount No -Pay Net file:///C:lUsers/ltrevinolepsilrnemmed.cpsinet.com/u88125/data_5/tmp_cw5report4229626... 5/4/2023 Page 7 of 14 33069269 1/ 04/30/20 04/06/20 04/06/20 643.50 0.00 0.00 643.50 W= / PROF FEES Vendor TatalENumber Name Gross Discount No -Pay Net 14872 HOLLAND & KNIGHT LLP 643.50 0.00 0.00 643.50 Vendor# Vendor Name Class Pay Code 14864 INTERNATIONAL BIOMEDICAL ✓{- Invoice# Comment Tran Ot Inv Dt Due Dt Check 0- Pay Gross Discount No -Pay Net 1688681/ 04128120 04/27120 05/15120 223.72 0.00 0.00 223.72 SUPPLIES Vendor Totale Number Name Gross Discount No -Pay Net. 14864 INTERNATIONAL BIOMEDICAL 223.72 0.00 0.00 223.72 Vendor# Vendor Name Class Pay Code 11285 ITA RESOURCES INC ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net MMC052023 y 05101/20 05/01/20 05121/20 28,760A7 0,00 0.00 26,760.17 RESPIRATORY SERV . Vendor Totals Number Name Gross Discount No -Pay Net 11285 ITA RESOURCES INC 28,760.17 0.00 0.00 28,760.17 Vendor# Vendor Name Class Pay Cade 11108 ITERSOURGE CORPORATION e'- Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 711631 er`{ 04128/20 05/01/20 05101/20 250.00 0.00 0.00 250.00 a+ F MONTHLY SUPPORT Vendor Totals Number Name - Gross Discount No -Pay Net 11108 ITERSOURCE CORPORATION 250.00 0.00 0.00 250.00 Vendor# Vendor Name Class Pay Code 12664 KNOWBE4, INC. y/ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net / INV249993 04/28/20 04/17/20 05/17/20 6,210,00 0.00 0.00 6.210.00 - DIAMOND 1YR SUB Vendor Totals Number Name Gross Discount. No -Pay Net 12664 KNOWBE4, INC. 6,210.00 0.00 0.00 6.210.00 Vendont Vendor Name Class Fay Code. M1950 MARTIN PRINTING CO ,r✓'' W invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 70474 V`� 0412812005/0112005/01120 70,55 0.00 0.00 70.55 APPT CARD RADIOLOGY . Vendor Totals Number Name Gross Discount No -Pay Net M1950 MARTIN PRINTING CO 70.56 0.00 0.00 70.55 Vendor# Vendor Name Class Pay Code 10613 MEDIMPACT HEALTHCARE SYS, INC. _,/ A/P Invoice# Comment Tran Dt Inv Dt Due Ot Check D Pay Gross Discount No -Pay Net 050223 „// 0412812005/0212005/10120 19,21 0,00 0.00 19,21 ✓'� PHARM REIMS . Vendor Totals Number Name Gross Discount No -Pay Net 10613 MEDIMPACT HEALTHCARE SYS, INC. 19.21 0.00 0.00 19.21 Vendor# Vendor Name Class Pay Code M2470 MEDLINE INDUSTRIES INC �' M Invoice# Cant Tran Ot Inv Dt Due Dt Check D- Pay Gross Discount No -Pay Net 2263323512 sTomjm 04125120 04/18/20 05/13/20 948.99 0.00 0.00 948.99 w� ' SUPPLIES file:///C:/Users/itrevino/cpsilmemmed.cpsinet.com/u88125/data_5/tmp_cw5report4229626... 5/4/2023 Page 8 of 14 2263446026 / 04/25/20 04/19/20 05/14/20 025,45 0.00 0.00 625.46 . SUPPLIES 2263446025 ,% 04/25/20 04/19/20 05/14/20 170.41 0.00 0.00 170.41 ,✓^� SUPPLIES 2263446029 .,,f 04/25/20 04/19/20 05/14/20 28.07 0.00 0.00 28.07 d1'f SUPPLIES 2263446027 ✓ 04/25/20 W19120 05/14/20 6,212.43 0.00 0.00 6,212.43 SUPPLIES 2263446028 .✓ 04/25/20 04/19/20 05/14/20 19.44 0.00 0.00 . 19.44 SUPPLIES 2263922396 / 04/25120 04/20/20 05/15/20 372.30 0.00 0.00 $72.30 ✓" SUPPLIES 2263989278 .,%' 04125/2004/21/2005/16/20 22.18 0.00 0100 22J8 '�✓ SUPPLIES 2263715196 j' 04/25/20 04/25/20 05/20/20 39.98 0.00 0.00 39.98 SUPPLIES 2263323510 v' 04/28/20 04/18/20 05/13/20 6,721.24 0.00 0.00 6,721.24�,r'' SUPPLIES 5 22643384 04/28/20 04/24/20 05/19/20 216.28 0.00 0.00 216.28'^'` SUPPLIES 2284440940 ,/ 04/28/20 04/25/20 05/20/20 88.69 0.00 0.00 68,69 SUPPLIES 2264440941 ,✓ 04/28/20 04/25/20 05/20/20 78.13 0.00 0.00 78.13.E SUPPLIES 2284440942 V 04/28/20 04/25/20 05/20/20 37.69 0,00 0.00 37.69 SUPPLIES Vendor TotalENumber Name Gross Discount No -Pay Net. M2470 MEDLINE INDUSTRIES INC 15,581.29 0.00 0.00 15,681.29 Vendor# Vendor Name Class Pay Code M2621 MMC AUXILIARY GIFT SHOP „✓j W Invoice# Comment Tran Dt Inv Ot Due Dt Check 0 Pay Gross Discount No -Pay Net 042723 04/28/20 04/27/20 05/15/20 150.49 0.00 0.00 150.49 1{ PAYROLL DEDUCT Vendor Total: Number Name Gross Discount No -Pay Net M2621 MMC AUXILIARY GIFT SHOP 150.49 0.00 0.00 150.49 Vendor# Vendor Name Class Pay Cade 10536 MORRIS & DICKSON CO, LLC I/ Invoice# , Comment Tran Dt Inv Dt Due Di Check 0 Pay Gross Discount No -Pay Net 9017544 0412812012/20/2012130120 4,439.62 0.00 0.00 4,439.62 INVENTORY 2454 04/26/20 01/12/20 01/22/20 -7300 0.00 0.00 -73,00 , "K CREDIT 9140177 ,T`" 04/28/20 01/22/20 02I01120 2,546.46 It= 0.00 2,546.46 INVENTORY 9140178 ,.+'"� 04128/2001/22/20 W01/20 5327 0.00 0.00 53.27,,,f'''f INVENTORY 9143203 .+` 04/28/20 01/23/20 02/02/20 1,166.55 0,00 0.00 1,166.55 ✓ INVENTORY SC1770 „y'� 04/28/20 01/25/20 02/04/20 607.88 0.00 0.00 607.88 ter. SERVICE CHARGE / 9207281 j 04/28/20 02/08/20 02/18/20 941.51 0,00 0,00 941.51 s^f file:///C:/Users/ltrevino/cpsi/memmed,cpsinet, conilu88125/data_5/tmp_cw5report4229626... 5/4/2023 Page 9 of 14 _)INVENTORY 92200330 f 04(28(20 02/12/20 02/22/20 67.16 0.00 0.00 67.16 INVENTORY 7398 % 04/28/20 03/07/20 03/17/20 -6.86 0.00 0.00 -6.86 CREDIT 0726 v 04/28/20 04/25/20 05/05/20 -307.98 0.00 QAO -307.98 CREDIT S02360 ."r 04/28/20 04/25/20 05/05/20 142.00 0.00 0.00 142.00 ` SERVICE CHARGE i SC2359 04/28/20 04/25120 05/05/20 519.38 0.00 0.00 519,38 SERVICE CHARGE 0978 /' 04128/20 04/25/20 05/05120 -291.24 0.00 0,00 -291.24 4 ''- CREDIT $02358 ,tee' 04/28/20 04/25/20 05/05/20 230.96 0.00 0.00 230.9rk,___- SERVICE CHARGE 9507891 ..' 04/28/20 04/26/20 05/06/20 1,167.26 0.00 0.00 1,167.28 INVENTORY 9509470 v'" 04/28/20 04/26/20 05/06/20 13.99 0.00 0.00 13.99 y` - INVENTORY 9509866 a 04/28/20 04126/20 05/06/20 10.56 0.00 0100 10,56 ../� ,INVENTORY 9507889 04/28/20 04/26/20 05/06/20 637.67 0.00 0.00 637.67 -INVENTORY 9507888 �'f 04/28/20 04/26/20 05/06/20 110,87 0.00 0.00 110.87 •� INVENTORY 1289 . " 04/28/20 04126/20 05/06/20 -943.92 0.00 0.00 -949.92 -CREDIT 9509867 +'' 04/28/20 04/26/20 06/06/20 2,875.84 0.00 0.00 2,875.84 INVENTORY 9513166 „f`j 04/28120 04127/20 05/07120 98.19 0.00 0= 9&19 INVENTORY 9515346 ,,:' 04128/2004/27/2005/07/20 434.30 0.00 0.00 434.30 ems, INVENTORY 9513165,/' 04128/20 04127/20 05107120 291.43 0.00 0.00 291.43 ,INVENTORY . 9522849 '� 04/28/20 04/30/20 05/10/20 5.601.09 0.00 0.00 5,601.09 '- ,INVENTORY 9522850 i 04126/20 04/30/20 05/10/20 14,235.19 0.00 0,00 14.235.19 INVENTORY 9520987 04/28/20 04/30/20 06/10/20 71.45 0.00 0.00 71,45 �,:- �-- INVENTORY Vendor Totals Number Name Gross Discount No -Pay Net 10536 MORRIS 8 DICKSON CO, LLC 34,633.63 0.00 OAO 34,633.63 Vendor# Vendor Name Class Pay Code N1800 NURSES CHOICE CORPORATION ,i w Invoice# Cc ment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 0165459-IN ! 04128/20 04/25/20 05/25/20 118.53 0.00 0.00 118.53 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net N1800 NURSES CHOICE CORPORATION 118,53 OZO 0.00 118.53 Vendor# Vendor Name Class Pay Code file:///C;/Users/Itrevino/cpsi/memmed.cpsinet.com/u88125/data_5/tmp_cw5report4229626,,. 5/4/2023 Page -10 of 14 10152 PARTSSOURCE. LLC / Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 04758628 J" 04/25120 04/18120 05/18120 188,19 0.00 0100 188.19 SUPPLIES 04759974 „% 04/25/20 04/19/20 05/19/20 21.45 0.00 0.00 21.45 - SUPPLIES D4761699 ✓% 04/25/20 04/20120 05120/20 250.14 0.00 0.00 250.14,,,,- SUPPLIES , 04761700 v/ 04/25/20 04/20/20 05/20/20 21.69 0.00 0100 21.69 Iv �- SUPPLIES f 04763662 i` 04/25/20 04/21/20 05/21/20 97.60 0.00 0.00 97.60 SUPPLIES ti Vendor Totals Number Name Gross Discount No -Pay Net 10152 PARTSSOURCE, LLC 579.07 0.00 0.00 579.07 Vendor# Vendor Name Class Pay Code S0905 PERFORMANCE HEALTH. J� M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net IN96320953 . / 04/28/20 04/25/20 05/20/20 18.44 0.00 0.00 18.44 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net S0905 PERFORMANCE HEALTH 1SA4 0.00 0.00 18.44 Vendor# Vendor Name Class Pay Code 12708 . POO ELECTRIC, LLC / Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 3784 1' 04/28/20 04/25/20 04/25/20 475.00 0.00 0.00 475.00 Ste. INSTALL QUAD RECEPT . Vendor Totals. Number Name Gross Discount No -Pay Net 12708 POC ELECTRIC, LLC 475.00 0.00 0.00 475.00 Vendor# Vendor Name Class Pay Code P2200 POWER HARDWARE yr IN Invoice# Comment Tran or Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net. 043023 04/28/20 04/30/20 05/10/20 48.53 0.00 0.00 48.53 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net P2200 POWER HARDWARE 48.53 0.00 0.00 48.53 Ventlor# Vendor Name Class Pay Code 14060 RADCOM ASSOCIATES, LLC ,, Invoice# Comment Tran Dt Inv Dt Due or Check D Pay Gross Discount No -Pay Net INV00155711" 04/30/20 0413WO 05/25/20 900.00 0.00 0.00 900.00 yt' NUC MED Vendor Totals Number Name Gross Discount No -Pay Net 14060 RADCOM ASSOCIATES, LLC 900.00 0.00 0.00 900.00 Vendor# Vendor Name Class Pay Code 11764 ROBERTRODRIQUEZ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 042623 04/28/20 04/26/20.a05/15/20 44.61 0.00 0.00 44,61 4r'� TR9WEL ',Ijkt't� d,1V`b 41e1 I11y 043023 04/28/20 04/30/20 06/15/20 47.09 0.00 0100 47,09 L___� TRAVEL 'y4'w'a43i-34,hZ:3 Vendor Totals Number Name Gross Discount No -Pay Net 11764 ROBERT RODRIQUEZ 91.70 0.00 0.00 91.70 file:!//C:fusers/Itrevino/cpsi/mernmed.cpsinet.com/u88125/data_5/tmp_cw5report4229626... 5/4/2023 Page I l of 14 Vendor# Vendor Name Class Pay Code 10936 SIEMENS FINANCIAL SERVICES I-' Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 563823000,98079 V 04/28/20 04/24/20 05/14/20 41038.24 0.00 0.00 4,038.24 v` w CONTRACT 56382300039130 �/ 04/29/2004/29/2005/19120 1.333.33 0.00 0.00 1,333.33 LEASE Vendor Totals Number Name Gross Discount No -Pay Net 10936 SIEMENS FINANCIAL SERVICES 5,371.57 0.00 0.00 5,371.57 Ventlor# Vendor Name Class Pay Code S2001 SIEMENS MEDICAL SOLUTIONS INC aj M t Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 116363192 / 04/28/20 04/28/20 05/23/20 3.402.25 0.00 0.00 3,402.25 v,+� AGILE MAX 64160 Vendor Totals Number Name Gross Discount No -Pay Net S2001 SIEMENS MEDICAL SOLUTIONS INC 3,402.25 0.00 0.00 3,402.25 , Vendor# Vendor Name Class Pay Code 14868 SINGLETON ASSOCIATES, P.A.. v-' Invoice# Comment Tran Dt Inv Ot Due Ot Check D Pay Gross Discount No -Pay Net 246-033123-001 tea. 04/28/20 04/07/20 O VG7/20 5,266,66 0.00 0.00 5,266.66 ONSITE,SERVICES. 246-043023-001 ✓ 05102/ZO 05/02/20 0510PJ20 12,466.66 0.00 0.00 12,466.66 ✓'r RADIOLOGY SERV Vendor Totals Number Name Gross Discount No -Pay Net 14868 SINGLETON ASSOCIATES, P.A. 17,733.32 0.00 0.00 17,733.32 Vendor# Vendor Name Class Pay Code 12288 SPBS CLINICAL EQUIPMENT SRVC „/ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net INVO19730523 y/"r 04/28/20 05/01/20 05/02/20 10,238.92 0.00 0.00 10,238.92 yf MONTHLY CONTRACT Vendor Totals Number Name Gross Discount No -Pay Net 12288 SPBS CLINICAL EQUIPMENT SRVC 10,238.92 0.00 0.00 10,238.92 Vendor# Vendor Name Class Pay Code 10645 STAPLES ter' Invoice# Comment Tran Dt Inv Dt Due Ot Check D Pay Gross Discount No -Pay Net 3534340118 ./, 04/28/20 03131 /20 04/30/20 37.13 0.00 0.00 37.13 ,. SUPPLIES 3537089551 ✓ 04/30/20 04/30/20 05/15/20 91,86 0.00 0.00 91.86 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 10845 STAPLES 128.99 0.00 0.00 128.90 Ventlor# Vendor Name Class Pay Code 53940 STERIS CORPORATION , f' M Invoice# Comment Tran Dt Inv Ot Due Dt Check D Pay Gross Discount No -Pay Net 11087228 �/' 04/25/20 04/20/20 05/15/20 113.63 0.00 0.00 113.63", ' SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net S3940 STERIS CORPORATION 113.63 0.00 0.00 113.63 Vendor# Vendor Name Class Pay Code 10735 STRYKERSUSTAINABILITYv,- Involce# Comment Tran Dt Inv Ot Due Dt Check D Pay Gross Discount No -Pay Net file:///C:/Users/Itrevino/cpsi/memmed.cpsinet.coin/u88125/data_5/tmp_cw5report4229626... 5/4/2023 Page 12 of 14 4692588 04/25/20 04/19/20 05/19/20 2,235.30 0.00 0.00 2,235.30 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 10735 STRYKER SUSTAINABILITY 2,235.30 0.00 0.00 2.235.30 Vendor# Vendor Name Class Pay Code 14524 SYSMEX AMERICA, INC.V Invoice# Comment Tran Dt Inv Dt Due Dt Check DPay Gross Discount No -Pay Net 94730717 04/25/20 04/24/20 05/24/20 527,44 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 T0420 TELEFLEX MEDICAL of Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 9506876331 ,lf 04/28/20 04/19/20 05/19/20 119,50 0.00 0.00 119.50 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net T0420 TELEFLEXMEDICAL 119.50 0.00 0.00 119.50 Vendont Vendor Name ,Class Pay Cade 12704 TEXAS BURNER & BOILER SERVICES ✓ Invoice# /Comment Tran Ot Inv Dt Due Dt Check D' Pay Gross Discount No -Pay Net 23-3281 ✓ 04/28/20 04/25/20 04/15/20 3,306.50 0.00 0.00 3,306.50 ✓ HONEYWELL CONTROLLER Vendor Totals Number Name Gross Discount No -Pay Net 12704 TEXAS BURNER & BOILER SERVICES 3.306.50 0.00 0,00 3,306.50 Vendor# Vendor Name. Class Pay Code 13224 TORCH Invoice# , Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 2229129 r'� 04130/2003/28/2004/28/20 17,835.00 0.00 0.00 17,835.00 .-f INTERIM CPO APR 23 t.44$�-4-!5Idrj a'}} 1 2220259 pF' 04/30/20 04/20120 05101/20 2,444.92 0.00 0.c0 2,444.92 ' EXPENSEREIMB Q,s�A-`-313My-a3�, Vendor Totals Number Name Gross Discount No -Pay Net 13224 TORCH 2O,279.92 0,00 0-00 20,279.92 Vendor#Vendor Name Class Pay Code 14372 TRIAGE, LLC / Invoice# Comment Tran Dt Inv Dt Due Ot Check D Pay Gross Discount No -Pay Net INVI796742514 ✓' 04125/20 04/21/20 05121/20 4,219.5e 0.00 0.00 4,219.58 STEVEN SHAW 4/9.4115 ,.•' Vendor Totals Number Name Gross Discount No -Pay Net 14372 TRIAGE, LLC 4,219.56 0.00 0.00 4,219.56 Vendor# Vendor Name Class Pay Code U1064 UNIFIRST HOLDINGS INC I/ Invoice# Comment Tran Dt Inv Dt Due Ot Check D Pay Gross Discount No -Pay Net 2.921001948 1/ 04/28/20 04/20/20 0511512D 213.06 0.00 0.00 213.06 LAUNDRY 2921001944 v'y' 04/28/20 04/20/20 05/15120 143.59 0.00 0.00 143.59 ✓'l LAUNDRY 2921001945 of 04/28/20 04/20120 05/15/20 1,759.61 0.00 0.00 1,759.61 LAUDNRY 2921001943 �,,/� 04/28/20 04/20/20 05/15/20 116.94 0.00 0.00 116.94 V�.- fi le:///C:/Users/Itrevino/cpsi/memmed.cpsinet. com/u88125/data_5/tmp_cw5report4229626... 5/4/2023 Page 13 of 14 LAUNDRY 2921001947 .f' 04/28/20 04/20/20 05/16/20 223.54 0.00 0.00 223.54 LAUNDRY ✓�" 2921002150 04/28120 04124/20 05/19/20 21513,55 0.00 0.00 2,613.56 .JJ LAUNDRY 2921002151 ,/` 04/28/20 04/24/20 06/19/20 59.45 0.00 0.00 59.45 LAUNDRY 2921002547 , 04/28/20 04/27/20 05/22/20 224.29 0.00 0.00 224,29 , j` LAUNDRY 2921002648 M28/20 04127/20 05122/20 213.06 0.00 0.00 213.06 %/f y' LAUNDRY 2921002550 ,i j ` 04/28/20 04/27/20 05/22/20 80.23 0.00 0.00 80.23 LAUNDRY 2921002549 04/28/20 04/27/20 05/22/20 197,00 0.00 0.00 197.00 , f LAUNDRY 2921002545 .,.J 04/28120 04/27/20 05/22/20 1,883.63 0.00 0.00 1,883.63 LAUNDRY 2921002543 ' 04/28/20 04/27/20 05/22/20 92.16 0.00 0.00 92.16 LAUNDRY 2921002544, /' 04/28/20 04/27/20 05/22/20 191.13 0.00 0.00 191.13 LAUNDRY Vendor Total: Number Name Gross Discount No -Pay Net U1064 UNIFIRST HOLDINGS INC 7,911.25 0.00 0.00 7,911.25 Vendor#Vendor Name ,. Class Pay Code 12400 UPDOX LLC ✓' Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay, Net INVO0416361 ,f' 04/30/2004/3012006125/20 1,272,21 0100 0.00 1,272,21 FAX Vendor TotalENumber Name Gross Discount No -Pay Net 12400 UPDOXLLC 1,272.21 0.00 0.00 1,272.21 Vendor# Vendor Name Class Pay Code U2000 US POSTAL SERVICE lf. Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 050123 04/28/20 05102120 05110120 2,200,00 0.00 0.00 2,200.00 POSTAGE Vendor Total* Number Name Gross Discount No -Pay Net U2000 US POSTAL SERVICE 2,200.00 0.00 0.00 2,200.00 Vendor# Vendor Name Class Pay Code W1040 WATERMARK GRAPHICS INC f M v Invoice# Comment Tran Dt Inv Dt Due Dt Check 0 Pay Gross Discount No -Pay, Net 141056 V 04125/20 04/11/20 05/11120 1,804.76 0.00 0.00 1,804.76 UNIFORMS/SHIPPING Vendor Total: Number Name Gross Discount No -Pay Net W1040 WATERMARK GRAPHICS INC 1,804.76 0.00 0.00 1,804.76 Vendor# Vendor Name Class Pay Code 11110 WERFEN USA LLC ems' Invoice# Comment TranDt Inv Dt Due Dt Check DPay Gross Discount No -Pay Net 9310041133 ✓" 04/28/20 05105120 05130/20 -445.30 0.00 0.00 445.30 CREDIT 9111228477 ,/ 04/28120 10/14120 11/08/20 1.671.67 0.00 0.00 1,671.67 CONTRACT file://lC.lUsers/ltrevino/epsi/melamed.epsinet.conJu88125/data_5/tmp_cw5report4229626... 5/4/2023 Page 14 of 14 9310044974 �%- 04/28/2003/0612003/31120 -1,1%79 0.00 0.00 CREDIT 9111313620 .% O4/28/20 04/1412D 05/09/20 1,571.67 0.00 0.00 CONTRACT Vendor Totak Number Name Gross Discount No -Pay 11110 WERFEN USA LLC 1.587.25 0.00 0.00 Report Summary Grand Totals: Gross Discount No -Pay 520,189.27 0.00 Goo APMOVM ON C4 EW 6,,g�� 224S -0,110.79 j � 1,571.67 f "� Net 1.587.25 Net 520,189.27 file:///C:(Users/Itrevino/cpsi/memmed.cpsinet.com/u88125/data_5/tmp_cw5report4229626... 5/4/2023 RECEWMBYTHE COLWYAUMOROM RON DATE: 05/04/23 MEMORIAL MEDICAL CENTER PAGE 1 'MLAYTOEA 110-03 EDIT LIST FOR PATIENT REFUNDS ARID=000' APCDDIT PAY PAT DATE A%OUNT CODE TYPE DESCRIPTION CL NUM ----------"------------------------ 042823 45.00 ✓F 3 REFUNO FO U43823 21,64 „/ 2 REFUND FO 042823 45,00 .%/ 3 REFUND FO 042823 50.00 y 1 REFUND TO 042823 20.00 „/ 2 REFUND FO 042023 117.19 i/ 2 REFUND FO ARID=0001 TOTAL 298.93 ................-__........-----____..._._--------._.___.---------____...---.....__--.._. TOT.4?, 296,83 MAY 0 5 201.E %ABf 7 C"0�8.44IFM, MEMORIAL 1\41EMCAL CENTER CHECI( REQUEST F, Veronica Ortiz Date Requested: 5/4/22 A Y APPROVED ON MAY 0 8 2023 AMOUNT 753.70 FOR ACCT, USE ININ �irnprestCa5ii III A/P Chec!: F.IMall Check to Vendor 11 Return Ch-,-ck to Dept GIL NUMBER: 400000065 EXPLANIATIDN: Employee's check was returned due to wrong bank account info BY: Caitlin Clevenger ALjTf-'.(jRJ7FF,'PY; 5/412023 Accounts ar:cV= [ra-nRutrc�lursn azuY14'[�NYL Transaction Search GMfVFM(I4A Q NI)V.ESI r! OLO120S1 u'i'JJl�:i Lep l:.m Ntn tG, Rd VER0YK30YiQ rmYu scmmv Numew Treasury Online fft )Si)L S hltps://prospehty,albanking.com/corporatelapp/accounts 1/1 14876 VERONICA ORTIZ MEMORIAL MEDICAL CENTER • PORT LAVACA, TEXAS'7979 REFERENCE NO. D.ATe i GROSS AMOUNT ;050423 05/04/23 753.70 i CHECK NO. TOTALS 199190 753.70 OS/04/23 MEMORIAL MEDICAL CENTER • PORT LAVACA, TEXAS 77979 REFERENCENO. _ DATE GROSSAF_.1.OUNT '050423 I, I 05/04/23 753.70 ' CHECKNO TOTALS 199190 _i MEMORIAL MEDICAL Qq CENTER Operating 815 N. Virginia St. Porl Lavaca, TX 77979 Seven Hundred Fifty -Three Dollars and Seventy Cents PAY TO THE VERONICA ORTIZ ORDER OF TOTALS • • • ' irPAYABLE 753.70 199190 753.70 TOTALS 753.70 PROSPERITY BANK 199190 9'I 9 0 88-2265 J J 1 lJ 1131 14876 199190 DATE AMOUNT 05/04/23 $7S3.70 ;ON STATEMENTAs al: 05/0512023 Poge: 002 anaure paper to your at BCCOYM, dMaea anddal relent this &ub lath your remManoe ]ICAL CENTER ✓ OC: 6115 Ag o1:. 06/05/2023 Page: 00 AMT DUE REMITTED VIA ACH DEBIT Territory: Mall to: Comp: Bell 5 N VIRGINIA STREET Statement for inl0rmntion only AMT DUE REMITTED VIA ACH DEBIT BIT LAVACA Tit 77979 Customer: 632536 Statement for information only Date: 05/06/2023 Oust: 632536 PLEASE CHOK AOV Date: 05/06/2023 RBAS NOT PAID�(�1)J Out Receivable atonal Account 9y36 _.. _. _. _ _ - Date Number Cash Reterenre Description Disclunt Amount P (gross) F Ana l P Receivable (net) F Number ran legend: P = Past Due Item F _ Future Duo Item. blank = Currant Due Item Natbnal Acei 632536 MEMOWAL. MEDICAL CENTER Subtotals: 12,616.76 USD meo 0.00 Due It Paid On Time: 1: It Paid By 0510912023, 0.00 USO 12,366.36 Pay This Amount: 12,366.36 USD 01. lost If paid late: ..at t� 2.451.9T 11 Pad Aker 05y09/2023, 252 a0 Due It Paid We: Pay this Amount: t2.618. 76 USD USO 12,616 76 12'�li 9^SS r (: 6:L-2) 'kPMOVM ON out 0 Kizn SS LW, %A For AR IRnuirirc Vnn MWESSON 1��nnnl' 9e0U WALMART 10961MW MED MIS MEMORIAL MEDICAL CENTER VICKY KALISE( 845 N VIRGINIA ST PORT LAVACA TX 77979 STATEMENT ANT DUE REMITTED VIA ACH DEBIT Smlamonl as inlormalian only YIIIng Due Natbnal Receivable Account 536 )ale Date Number Warren. em PefWarr :ualomm Number 256342 WALMART 10981MEM Mm MIS 15/0112023 05/0912023 7414752624 72956083 15/01/2023 05/09/2023 7414752627 72956083 16/01/2023 05/09/2023 7414752628 72968157 -5/0112023 OS/09/2023 741475Z629 72993514 15/91/2023 05/09/2023 7414752630 73028737 15/0112023 05/09/2023 7414752631. 73063530 15/O112023 05/0912023 7414752632 73094320 15101/2023 05/09/2023 7414983236 72926564 -5/0212023 05/09/2023 7415099605 73163767 15/O2!2023 06/09/2023 7415099606 73233449 15/02/2023 0510912023 7415274543 73158939 15/03/2023 05/0912023 7415437756 7338777E r5103/2023 05/09/2023 7415629796 73315126 15/04/2023 05M9/2023 7415742936 73519774 15/04/2023 06/09/2023 7415742939 73526672 15/0.112023 05/09/2023 7415913756 73449979 15/05/2023 05109/2023 7416025997 73570595 1510512023 05/09/2023 7416025998 73570596 15/0572023 05/09/2023 7416031481 73641061 15/05/2023 05/09/2023 7416031483 73651172 -5/0512023 05/09/2023 7416190396 73580080 Ir,M5/2023 05/13WR023 7416190397 73554219 As at: 0510512023 Page: 001 To ensure prapm credit to your account, rletaca and Tatum this stub W Ba your nernme lce OC: Bt 15 - As at: 0510512023 Pa9m 001 Mail to: Comp: 6000 Teel 400 AMT DUE RErl1TTE0 VIA qCH DF331T Customer. 256342 SIalCment for inlormalion only Date: 05/06/2023 Cult: 256342 PLEASE CHECK ANY Data: 05106/2023 (TENS NOT PAID Description Cam isc Discount Amount P (gross) F Amount P (rat) F .._.... �a(✓)III Nlurnerble Number u 1151nvoice 39.77 1,9118.43 1.948,66✓ 7414'12624, 1151nvoice 0.01 0.32 0.31 ✓r ]41475262] 1151nvaico 23.96 1,19aA0 1.174. 14'/ 7414752628 I Is Invoke - 0.03 1.27 1,24✓ 7414752U29 116bv.'e. 6.47 323.51 317.0.1✓ 7414762630 1151nvoice 0,01 0.32 U.31./ 7411752631 1151nvnico 235 117A7 11512J 7414752632 1951nvoice 0.02 0.05 0.93• 7414963236 1151nvNce 15,69 794AS 778,56 �' 7415099605 1151n,,o,cc 5.33 266.27 260.94V 741SG99606 I I51nvoice 0.03 1,56 155u 74152h543 1151nvU1ce 16.41 82053 804121 7415437756 1951n de. 0.03 1.27 1.24 +' 7415629796 I 1 Slnv0ico 28A1 1,405.44 1,377.03✓ 7415742936 115Invoice 7.03 351.68 344..66 „% 7415742939 1951ovnie 0,01 0.32 OSI .i 7415913756 1151nvaicc 32.30 1,615.07 1.582 77.E 7416025997 5151nvoicc 15.04 752.04 737,0111 k�' 7416025998 I Islm,1ca 22.36 1, 117.96 1.095.60 7416031481 I ISInvalca 31.95 1,59747 1,565.52 ✓ 7416031483 1951nvaree 2.62 141.19 138.97 J 7416190396 11510voico 1.5.1 7709 75.55 f 7416190307 For AR Inquiries please contact 800-967-0333 MSKESSON STATEMENT As uf; 05/05/2023 Page: 002 To ensure Mproper em08 to your account, detach east Mum this Len' stub wah your mmlttai ee DC: 8115 As of: 05/05/2023 Page: 000 MEMORIAL MED WiS AMT DUE REMITTED VIA ACH DEBIT Territory: 400 Mail to: Comp: 8000 MEMORIAL MMIC L CENTER Statement for Information only AMT DUE REMITTED VIA ACII DEBIT SEK KIRGINI Customer: 256342 Slatemenl for infmmallon only 815VICN 815 N VVACAA ST Data: 05I06/2023 PORT IAVACA T% ]]9]0 Cost: 256342 PLEASE CHECK ANY Date: 05/06/2023 ITEMS NOT PIAIDfill�a(+)III )ate Due )ate Data .— q Nuartvabl6 eli°nal Account Wit DCashisc Numbo Refemncv Description Discount Amos) P (gross) F t par) F Number —4J 'F column Wgand: P = Past Due Item, F = Future Due It.. Wank = Current Due Rem 'OTAL CUMomer Nwnho 256342 WAIFAfL 1098/OEM M® PHS _ SVWotahe 12,572,73 USD 'MUM Due: oxii If Real By 0510912023, Due If Feld On Time: USO 12,321.26 rare Due: 0.00 Pay This Amount: 12.321.26 USD Oise lost If paid lot°: 251.4] ast Payment 10.119.10 It PaW After 05/0912023, Due If Paid Late: 15/01/2023 Pay this Amoral: 12,572,73 USD USD 12.572.73 For AK Inquiries please contact 800-867-0333 MWESSON CVS PHCY 8923/MEM MC HIS MEBORIAL MEDICAL CENTER VICKV KAUSEK 815 N VIRGINIA ST PCIRT LAVACA TX 77979 STATEMENT AMT DUE REAITTED VIA ACH DEBIT Statement for information only As of; 0510512023 OC: 8115 Territory: 400 Customer, 835434 Dale: 05/0612023 Page: 001 To ensure proper credit to your amount, detach and ratum this stub with your rem8taoce As of: 05/05/2e23 Page: 001 Mail tw Cmnp: 8000 AMT DUE REMITTED VIA ACH DEBIT Statement lot information only Cust: 835434 PLEASE CHECK ANY Data: 0510612023 SEAS NOT PAIDfillm(�) Due )ate late pale ellanal Account ppaaU�[G36 Numb r Pat Number RelemMo Deurtption Cash placount Amount P (gross) F Amofeet) P Numberble (rren F Number :uetomer Number 835434 CVS PHCY 89231MFM MC Phil -510312023 05/09/2023 7415419801 2346778 1151nvaice 0.50 24.87 24.37.r 741541p801 15/D3/2023 05/0912023 7415419802 2346775 1151nvoioe 0.23 11,31 11.08 ✓' 7415419802 K column legend: P = And Due Item, F = Future Due Item, blank = Current Don Item 'OTAL Customer Number 835939 CVS PHCY 5923IMEA MC ISMS Sublotale, 36.18 USO 'Mum Due: 0.00 Dan It Paid On Time: % 11 Paid By 0510912023, USD 35.45 'ad Due. 0.00 Pay This Amount: 35.45 USD Disc lost it old late: v 073 ad Payment t0.119.10 If Paid After 05109/2023, Due If Pold late: 1510112023 Pay this Amount: 36.18 USD USD 36.18 UI ' �✓ For AR Inquiries please contact 800-867-0333 MWESS0N c �"'wro. nano CVS PI -ICY ]4]5/MOW MC PHS MEMORIAL MEDICAL CENTER VICHY KALISCK 815 N VIRGINIA ST PORT I.AVAGA TX 7]9]9 STATEMENT AMT DUE REMITTED VIA ACH DEBIT Statement for Information only As of: 0510512023 DC: 8115 Tondo ry: 400 Customer: 835438 Data: 05/06/2023 )a1mg Due Naltorml Accound 6 late pots Numb r Reference Number Reference Ocxnpllou Discount 1Ustomar Number 835438 CVS PNCY 7475/MBB MC PHS 15/03/2023 05/09/2023 7415613969 2346779 1151nvalce 0.20 1F column "nal: P = Past Due Sam, F = Futum Due Item, blank = Curtest Due Item OTAL DaMomat Number 835438 CVS RICY ]4]5/MO11 MC PRE; Subtnlels: 9.05 USO me. Due: 0.00 If Paid By 0510912023, 'art Due: 0,00 Pay This Amount: ast Payment 10.119AG It Paid. After 05/0912023. 15/01/2023 Pay This Amount: Pag4: 001 To maul, proper credit to Your account, detach and return this si wilt. Vour mm8mrwe As at 05/05/2023 Pages: 001 Mail to: Comp: 8000 AMT DUE REMITTED VIA ACH DEOIT Slalemenl for information only Cunt: 835430 PLEASE CHECK ANY Dale: 05/05/2023 ITBAS NOT ( mas) P (grow) F �-P fIAID-�•s(+) Amount Amount P Mndoe, e I F Number 9.65 / 9.65 +I' 7415613969 Due If Paid On Time: USD 9.65 ✓ 0.65 USD Duce lost if Paid late: 0,20 Due It Paid late: 9.85 USD USD 9.85 G' r For AR ingoiriC.e rlC.isc contact 8W-867-0333 STATEMENT StatementNumber 65132779 Date- 05-05-2023 AMERISOURCEBERGEN DRUG CORP 12727 W. AIRPORT BLVD. SUGAR LAND TX 77478.6101 WALGREENS #12494 3408 MEMORIAL MEDICAL CENTER / 1302 N VIRGINIA ST PORTLAVACATX 77979�2509 4001352841037028186 Sat - Fri Due in 7 days RA0289276 86 1 AMERISOURCEBERGEN PO Box 905223 Not Yet Due 0.00 CHARLOTTE NC 28290.5223 Current: 1, 124.04 Past Due: 0.00 Total Due'. 1.124.04 Account Balance: 1, 124.04 Document Due Reference Purchase Order Document Original Last Receipt Amount Received Balance Date Date Number Number Type Amount 05-01-2023 05-12-2D23 3131718023 170638 !rnotce 4108 0.00 4108.d a5 01-2023 05-12-2023 3131817989 170641 Invoice 6221 000 6221✓ 05-01-2023 05-12-2023 3131851067 170687 Invoice 29.37 0.00 29,37 V 05-02-2023 05-12-2023 3131990000 170694 Invalce 10.03 0,00 1003✓ 05A3-2023 05-12-2023 3132136t33 170701 Invoke 815,55 0.00 815.55,/ 05-04-2023 05-12-2023 3132293737 170708 In.,. 6.84 0,00 604 05-04-2023 06-12-2023 3132293738 170709 Invoice 57,31 0.00 57.31 v% 05-05-2023 05-12-2023 3132436865 170722 Invmc¢ 9965 0.00 99.65 v Current t-15 Days 18-30 Days 51-60 Days 67-90 Days 91-720 Days -- Over 120 Days 1,12404I 0.00 oatI 0-00 6a91 000 aoa' Reminders Thank You for Your Payment Date Amount Due Date Amount 05 05-2023 (3 779.001 05-12-2023 1.124.04 Total Due. P,124: A"ROVIED ON Ce1SG'hQ4W 01C011,V1^.IM"T�'f;rA9 TOLL FEE PHONE NUMBER: 1-800-SSS-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" F"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" "6-DIGIT SETTLEMENT DATE" "1 TO CONFIRM" ACKNOWLEDGEMENT NUMBER CALLED IN BY: CALLED IN DATE: CALLED IN TIME: #### ENTER: ###E "k C U 941 ;s 0 S I.70,566.9$; 1 $ 62,423.46 1a,s�s.s� 1 F:1AP-Payroll FileslPayroll Tnee120231410 R1 MMC TAX DEPOSIT WORKSHEET 5.4.23.xls 518/2023 941 REC/TAX DEPOSIT FOR MMC PAYROLL -e PAY PERIOD: BEGIN 4MI2023 vY2 PAY PERIOD: END 6/4/2023 PAY DATE: 571212023 GROSS PAY: $ 537,832.03 aE��ucT!cNs- a�R. 3s2s1 ADVANC Boors SUNLIFE CRITICAL ILLNESS S 1.1193.93 SUNLIFE ACCIDENT b 747-0- SUNLIFE VISION SUNLIFE SHORT TERM OIS < t939.9e SCEs 4'ISQN 5 1.W5,= CAFE-D 5. 1.580.20 CAFE•H S. 23.9478= E, S CAFC P CANCER 4Uhl*C '1ED ti{1 COMSiN s 2-r1,5a L=NTA. f _ DEP LF SUN {r E ,.) LIFE 9T'8.46 9UC.5_}FL HOSP t ZFP19 SSE.@2 FED TAX S 43,544,64 31. z9t.1-3 FIRST C FLEX S S 3,377.8E Fi 5 - \ CRP-;"! : `, NOSP? LEGAL S 1."331.61 CITHER NATOCNdL FAR70 LIFE 3 14145..TB °.tED SU?Ci?RaiE $ 4LIO00 PR F!N RELAY REPAY STONEDF j 8t5.S6 STONE STONE 2 S e UDE?: TS -R S 37,342.5E U,Gk!OS , TGT`4L DEP?lJt�. nl0?SS- S F6II.3'«3-6 -s,44:4aw_0'!9 aPT^ s^o„w NET PAY: S 37683.77 S s,.o,nc -vmvawa+eflxcram- Lei VOIDED CK (2) TAXABLE PAY: $ 503.414.01 $ 503.414.01 "CALCULATED" From MMC Report Difference FICA - MED (ER),x. $ 7.299.30 FICA -MED(EE).. S 7,299.50 $ 7,299.44 S 0.06 FICA - SOC SEC (ER) c;ux S 31,211.67 FICA - SEC SEC (EE) ..o. S 31.211.67 S 31.211.73 S (0.06) FEU',^:'.�r-n lL,ItlS S -3,Sa454 5.)5= S REVISED 311&2014 INAL CK 111 TOTALS $ $37,832.03 152.51 r•$:: oa ;ta3 :2.3.643 653 93 =i, 544,5s "5f,211.73 3.377,89 S I.i3 E.91 '> 1.cR5.t3 S1 S3v S - c ., SKtAAWtOfRZP441"-"+p,M1OWI�4fl¢AT - s $ 376.983.77 s,«a.�.erm.flt�n+--u.acaraflra.REran- Exempt Arm: Employees over FICA•SS Cap: S Paycede S - Employee Raimh.: TOTAL: S TAX DEP051T: 5 120,56698 S 12D.566 e8 FICA -MEDICARE zs,, S 14.599.00 S14,598.88 FICA -SOCIAL SECURITY .s S 62.423.34 S62.423a6PREPARED BY: FED WITHHOLDING S 43,544.64 $43,544.64 PREPARED DATE: TOTAL TAX: S 120,566.93 $120.566.98 $ - Caitlin Clevenger 5/8/2023 N13 R I MMC TAX DEPOSIT WORKSHEET 54232I4. TAX DEPOSIT WORKSHEET 5,a12D23 RZ NO cs 12 W. �F,1.2:r_ X_1:1.�- Age in 70e: 1:02 Fs"rCII mezls.-E7 no! 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DALZADA ;35.0 CC AQ: 0 T 40-110 MmAR:.'. w -'r'k7-'Z ?7�.K A HATI-1 0 :: 2i ;so E07M ME F I = G &Q. MA MMEME 9 TIRES 157 'K I A 12 Z-1 1: Miss ...:.....a :574 A V. -.T.,"Y ..... ' PE 1:�'.":E1 hn:ws: 1 ma :yv :10 XlEOIN'. ?a., Penn rz Z. NW., Vna N7. ZONET MA]RIF. A w! K :T fuK ZME w EAMON VSKY A K W 2.1 .�-4r F. ;LMIMI W3 :wx R ams ARS x U 1: :�Hw HTTY i: mul, :z 05 A A 1-0 DESRN K TMEE 5105; W W 52H ME& RuKaR she 2 H12 A E424 slow, A 2=02 =0 I is A :T Hc,^. :51.75 B HREZ :1 Q 13 Him MAN1. x ZITZ FEW is Q qi is :1 A 102 WEN N-1LO i: A E A 501: RAN L QuEl"P7 wti.-5 1: s i, ho Ean A Razyz ALIT A 1 1: HIL3 - -AjNE 's- LAX A A A Ups 19EKIE M KNLIEF ZEE :5 :2 AT K. N N H.27E A :T i1mH CMMEY N ENZE. 1159 M 310 U., A KT22 1111.1i ilic.:11. 0- A IT HK Somw K IKIA E172 iii as A-3 His, KIN AIN:pFiN Cc A A 25 ''ms N-.F.N LKH K,.'ZRj; S.,2;1*r.,-Z 7310 Ei 101213 ems 2.-.RFF!:u, We A 00"T 7: A 21 040 AMLY 1 FINS zi :5 A :T is 12 13 is is :T REG MEN F :KENA A Ali 7 1�r I WE... *1 :A it .ee s ift L S7 'EF' Ez UFI�F' .31. 2" M :-:A, "i R-A RNEX cuz FERTMEZ im--i z: is A :ap Ron W, a 3 ZI A7. _= :H_7 !7! H p. 1: 71D', 1 RA M, 1 L L E 7 JE011HR F. ' ch 12 2 1 H i- _YW Ts, 1 1 BASTY 00.7 2; 02 2 TIM A All RE I 200 A m :I _EO4 �:Ry 77..4cn� _F.E p 'it 9ANAIMSES Wki: V to lz 2". 030 Ron 4 WERE looks T ED 1: T, -um m MMAMRANUMS 5040 Z: ED 12 T KO __IXRL KF RAR:Ds'. : AL%12�ZAR i 0. 7 :1 MH WK& L Roo Tom 5 1 744 ASKEY 11:11 20 7 1 71 12 Y -OF K:p h-AN =K: O4_ K SIX 13 '._n"2s H. ELSA ql.F.R.."m '. M - LIS, .:.: 'K.i - 7 7.. AN" F E'..; �_l �,._ IkN pop MARLEY 3 :T= 211 is 2 4 :2 :1 K31 mouth 2 Mms It, EK40 A :1 ::,:1 Fou HM MWE -LaRs- RAW& m GATZ 3K.Z MEMORIAL MEDICAL CENTER PROSPERITY BANK ELECTRONIC TRANSFERS FOR OPERATING ACCOUNT--- May 1, 2023. May 7, 2023 Data Bank Description 5/1/2023 PAYPLU5ACIIrRANS452579291101000694917910 5/l/2023 IRS USATAXPYMT 2703521309487936103691007242 5/2/2023 PAY PI1)S ACHrRANS 451579291101000696318001 5/2/202.3 MCKESSON DRUG AUTO ACH ACH05474464 910000181 5/2/2023 AUTHNETGATEWAY BILLING 1286749071040000129 5/3/2023 PAY PLUS ACHI BANS 452579291101000691919706 5/3/2023 MERCI IANT BANKCD FEE 97116091388791000017448 5/3/2023 MERCHANT BANKCD FEE 971160910883 91000017448 5/3/2023 MERCI[ANT BANKED DISCOUNT 971150910883 9INGO 5/3/2023 MERCHANT BANKED DISCOUNT 971 160913887 9ING0 5/3/2023 MERCHANT BANKCD INTERCH FIG 9711809131487 91000 5/4/2023 PAY PLUS ACHTRAN S 452579291101000698951842. 5/'S/2D23 PAY PLUS ACHrRANS 452579291101WO690040695 SIS12023 AMERISOURCE BERG PAY MEN IS Ol000W 768 2100002 5/5/2023 FDMS IT) MS PYMT 0522000SM 0004100012303636 5/5/2023 rDMS FOMS PYMT 052. 1601830-D00 4100012301191 MMC Notes 3rd Party Payor fee Payroll Taxes 3rd Party Payor Fee 3400 Drug Program Expense - 3rd Party Payor Fee 3rd Party Payor Fee Credit Card Processing Fee - Credit Card Processing Fee Credit Card Processing Fee Credit Card Processing Fee - Credit Card Pmcessing Fee 3rd Party Payor Fee 3rd Party Payer Fee 3408 Drug Program Expense. - Credit Card Processing Fee Credit Card Pmcessing Fee May 8, 2023 ANDREW DE LOS SANTOS Memorial Medical Center *4jTwj Cy. PROSPERITY RANK c� ELECTRONIC TRANSFERS FOR OPERATING ACCOUNT— ESTIMATED ACES Date Des-ptlop. I::... Alo ( - F-`p �\ May S. 2023 ANDREW OF LOS SANTOS 1:�� Men,mial Medical Center MMC Notes lip?'!°d �18 ZnDc';I CtiWtfiir�i4�,'Llit+imy nl7.r ;It; g.�,..,.yU c 4.,h CPS} J a Amount. 1 Q!4 <n At US 10 119.10,* ,1031. ,eie,llairG M2 F3:.'i, 2dGI I9.9i rVL F4H�� 3rtZ.4x 2 1 6 ° '< 24I}_19, Yy"9n1 19 3,7 MAT 25fib 1g9,848R1 i lt 89s"7I Amount Its - eII I Ins I — Page 1 of 1 4ECEIVED BY TALE COUAYTY AD;:ITORI 0)4 i1jAY 0 41 21 05/04/2023 MEMORIAL MEDICAL CENTER 0 AP Open Invoice List *;+t1ti'l1AJRtH::GtyiNTi+,-° X"S ap_open_invcice.template Dates Through: 05/25/2023 Vendor# Vendor Name Class Pay Cade 11816 ASHFORD GARDENS Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay 042823 04/28/20 04/28/20 05/28/20 0,392.03 0.00 0.00 UHC YF AJD 1 Vendor Total: Number Name Grass Discount No -Pay 11616 ASHFORD GARDENS 6,392.03 0.00 0.00 Report Summary Grand Totals: Gross Discount No -Pay 6.392.03 0.00 0.00 APPROVED ON w�Y �it�p5�2023 �0 3p� SA'YiC&lIIk9 �'F0UA i;' E.�C.AS Net 6,392.03 Net 6,392.03 Net 6,392.03 file:///C:/Users/itrevino/cpsi/memmed.cpsinet.com/u88125/data_ 5/tmp_cw5report4371664... 5/4/2023 Page 1 of 1 gEG,E14r3D BY 1I4E mIPmv AuDrroq ON 05/04/2023 W,S-.P1�i1fv,2,7,i ?��titbrtid�:r. �r�«� MEMORIAL MEDICAL CENTER AP Open Invoice List Dates Through: 0 ap_open_invoice.template Vendor# Vendor Name A Class Pay Code J 11828 SOLERA WEST HOUSTON Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 042823 04/28/20 04/28/20 05/28/20 2,686.00 0.00 0.00 21686.09 UHC Y5 ADJ 1 Vendor Totals Number Name Gross Discount No -Pay Net 11828 SOLERA WEST HOUSTON 2.686.09 0.00 0.00 2,686.09 Report Summary Grand Totals: Gross Discount No -Pay Net 2,886.09 0.00 0.00 2,686.09 MAY 0 5 243Z3 OSIUti*O'#7 _ AS 1011 LVi i file:///C:/Users/ltrevino/cpsilmemmed.cpsinet.com/u8 8125/data_5/tmp_cw5 report2851933... 5/4/2023 Page 1 of I :RECEWEDRYTH{r - -MUUw.4UDprOR OPd 0020231 2012.'+ MEMORIAL MEDICAL CENTER 11:26 AP Open Invoice List _:r+14!4&11M owli'r, y s Dates Through: Vendor# Vendor Name Class Pay Code 11820 FORTBEND HEALTHCARE CENTER Invoice# Comment Tran Dt Inv Dt Due Dt Check D-Pay Gross 042823 04/28/20 04/28/20 05/28/20 2,772.03 UHC Y5 ADJ 1 Vendor Totale Number Name Gross 11820 FORTBEND HEALTHCARE CENTER 2,772.03 Report Summary Grand Totals: Gross Discount 2,772.03 0.00 APPROVED ON 0 ap_open_involce.template Discount No -Pay Net 0.00 0.00 2,772.03 a/ Discount No -Pay Net 0.00 0.00 2,772.03 No -Pay Net 0.00 2,77203 file:///C:/Users/Itrevinolcpsi/memmed.cpsinet.com/u88125/data 5/tmp_cw5report8315512... 5/4/2023 Page 1 of 1 1dECEAt M BY THE ESlit,wf,At,1,L}76,On ON M4910 2 MEMORIAL MEDICAL CENTER AP Open Invoice List 0 11:16 ap_open_invoice.template A�73r Dates Through: Vendor# r' Vend ,%, Class Pay Code 11832 BROADMOOR AT CREEKSIDE PARK Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount 042623A 04/28/20 04126120 05126/20 1,800.00 0.00 TRANSFER �9 H Y8A%U'f*tL. F1,yj I cltfas�ILA y,.,. %`'jd.t. 13t.1'•' 042623 04/28/20 04/26/20 05/26/20 800.00 0.00 rr TRANSFER 11 11 042923 04/28120 04/28120 05/28120 1,880.32 U0 UHC Y5 AJD 1 Vendor Totals Number Name Gross Discount 11832 BROADMOOR AT CREEKSIDE PARK 4,480.32 0.00 Report Summary Grand Totals: Gross Discount No -Pay 4.460.32 0.00 0.00 022;TrallyXIIIIy7 wi CDU6In ,�yp�g�' -:'�A'tF3Dt7it7 �,EJttd7RY:. d No -Pay Net 0.00 1,800.00 0.00 800.00 f 0.00 1,880.32 Vol No -Pay Net 0.00 4,480.32 Net 4.480.32 file:///C:/Users/Itrevino/cpsi/memmed.cpsinct.com/u88125/data_5/tmp_cw5report3761579... 5/4/2023 Page 1 of 1 17ECEPkD BY THE COUNPf ALUTOA' ON AY 4) 4 %OC " MEMORIAL MEDICAL CENTER 05/ 4/2023 0 11:16 AP Open Invoice List C-Al-i113i➢Md i:011TtT", TE%A. Dates Through: ap open invoioe.tempiate Vendor# Vendor Name Class Pay Code 11824 THE CRESCENT Invoice# Comment Tran Dt Inv or Due Dt Check D Pay Gross Discount No -Pay Net 042823 04128/2004/28/2005128120 1,713.44 0.00 0.00 1,713.44 � UHC YS ADJ 1 042723 04/30/20 04/27/20 05/27/20 5.700.00 0.00 0.00 5,700,00 TRANSFER 14!4,1P,A41ai g g)tt.�dgN �eA. j.1ryryvot, dtpla-l—N ' Vendor Total: Number Name Gross Discount No -Pay Net 11824 THE CRESCENT 7,413.44 0.00 0.00 7,413.44 Report. Summary Grand Totals: Gross Discount No -Pay Net 7,413.44 0.00 0.00 7.413.44 APPROVED ON leaf 0 N13 o. to 1u r file:///C:/Users/ttrevinolcpsi/memmed.cpsinet.comlu88125/data_5/tmp_cw5report6767883... 5/4/2023 Page I of 1 t gpyELt 8'r JHE . Y 114 2023 05/04/2023 MEMORIAL MEDICAL CENTER 0 _,"Lri p t,'Oi.✓ 5(. tENA AP Open Invoice List ap_open_Invoice.template Dates Through: Vendor# Vendor Name Class Pay Cade 11836 GOLDENCREEK HEALTHCARE Invoice# Comment Tran Dt Inv Dt Due D1 Check D Pay Gross Discount No -Pay Net f 042423 04/28/20 04/23/20 05/26/20 20,863.55 0.00pp�� 0.00 20.66355 � TRANSFER '�I'}�'JkwIIjlA Wi3. Wj 1i( j-6j 'JX+ '14l96tri. 7�T:Nt�'7i"O, 042423B 04/28/20 04/24120 05/26/20 4,182A6 0.00 0.00 4,182.06 TRANSFER to i/ 042423A 04/28/20 04/24/20 05/26/20 1,185.00 0.00 0.00 1,185.00 TRANSFER 0 042523 04/28/20 04/25/20 04/26/20 52,309.00 0.00 0.00 52,309.00 TRANSFER is .t 042623 04/28/20 04/26/20 05/26/20 4,328.34 0.00 0.00 4.328.34 y! TRANSFER - 042723 04/28/20 04/27/20 05/27/20 6,320.00 0.00 0.00 6,320.00 - TRANSFER "1 0 042823 04/28/20 04/28/20 05/28/20 3.686.34 0.00 0.00 f 3,686.34 1" UHC Y5 AJD 1 , Vendor Total: Number Name Gross Discount No -Pay Net 11836 GOLDENCREEK HEALTHCARE 92,674.29 0.00 0.00 92.674.29 Report Summary Grand Totals: - Gross Discount No -Pay Net 92,674.29 0.00 0.00 92,674.29 PROWD am g bf r FdkTi N 4.�L"AnS file:///C:/Users/Itrevino/cpsi/memmed.cpsinet.corn/u88125/data_5/tmp_cw5report5986807... 5/4/2023 Page 1 of 1 % CF VEI) UVTHE %(W, ffiY AUWOR 0NI MAY 0 4 2023 05/04/2023 MEMORIAL MEDICAL CENTER 0 ' ify:f2"'-- 'r"WS AP Open Invoice List ap_open_invoice.tempiate Dates Through: Vendor# Vendor Name Class Pay Code 12696 GULF POINTE PLAZA Invoice# Comment Tran Ot Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 042423 04/28/20 04/24/20 05/26/20 0.00 0.00 713.30 ,/ TRANSFER kiii 4,AgkjX 7,,t. fg a713.30 042623 04/28/20 04/26/20 05/26/20 862.46 0.00 'J, 0.00 �r 862.46 w- TRANSFER ne 0 OS0123 04/28/20 04/28120 05/01/20 98.61 0.00 0.00 98.61 ram/ CLAIM PMT TRANSFER 042823 04/28/20 04/28/20 05/28/20 2,240.92 0.00 0.00 2,240.92 ✓ UCH Y5 ADJ 1 , Vendor Totals Number Name Grass Discount No -Pay Net 12696 GULF POINTE PLAZA 3,915,29 0.00 0.00 3,915.29 Report Summary Grand Totals: Gross Discount No -Pay Net 3,915.29 0.00 0.00 3,916.29 PROVM ON MAY d 0 5 2023 file:///C:/Users/]trevino/cpsi/memmed.cpsinet.com/u881251data_5/tmp cw5report6841534... 5/4/2023 Page 1 of 1 RECEI'V'�ED Wf THE COUs rV At;D1r011 ON Wf nl 05/0�/20ect� MEMORIAL MEDICAL CENTER AP Open Invoice List 0 11:13 ap_open involce.template 104; +. -tEXrbS Dates Through: Vendor# Vendor Name Class Pay Code 13004 TUSCANY VILLAGE Invoice# Comment Tran. Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net { 042123 0®4/28/20 04/21/20 05/26/20 192.00 0.00 0.00 192.00 v' TRANSFER , 0 m9 polite, 4'�d.1uK 'Taci!"8" 06126l2v� �. �° EL'y�14 9.1x. i ' 042123A 04/28/20 04/21/20 0 5,063.80 0.00 0.'00 5.063.80 TRANSFER 4 *� 042623 04/28/20 04/26/20 05/26/20 972.50 0.00 0.00 972.50 TRANSFER h y'1 042623A 0028/20 04/26120 05/26/20 424.21 0.00 0.00 424.21 s% TRANSFER. N 1t 042723 04/28/20 04/27/20 05/27/20 188.51 0.00 0.00 188.51 1/ TRANSFER 042823 04/28/20 0428/20 05/28/20 4,482.61 0.00 0.00 4,482.61 y✓f UCH Y5 ADJ 1 , Vendor TotaIE Number Name Gross Discount No -Pay Net. 13004 TUSCANY VILLAGE 11,323.63 0.00 0.00 11,323,63 Report Summary Grand Totals: Gross Discount No -Pay Net 11,323.63 0.00 0.00 11,323.63 APPROVED ON }} MAY U 5 29;a k HC'U OdLVatY file:/I/C:/Users/ltrevino/cpsi/melnnied.cpsinet.com/u88125/data_5/tmp_cw5report2083361... 5/4/2023 Page 1 of 1 By TFFE ,,RECEIVED u'O5/04023 MEMORIAL MEDICAL CENTER 11.25 AP Open Invoice List 0 fprltitt� p Dates Through: ap_open_invoice.template Vendor# Vendor Name Class Pay Cade 12792 BETHANY SENIOR LIVING Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay 042423 04128/2004/24/2005/26/20 25,885.49 0.00 0.00 TRANSFER OU tittSla+1~N.a Ng1 tj"+� A jo_+ W?A.L u}p",L. 0425233 0428/20 04/25/20 05126/20 21,866.51 0.00 0.00 TRANSFER 4 ar 042523A 04/28/20 04/25/20 05/26/20 38,672.14 0.00 0.00 TRANSFER 4 we 042523 04/28/20 04/25/20 05/26/20 18,156.95 0.00 0.00 TRANSFER nu fl 042623 04128120 04/20/20 05126120 1,053.32 0.00 0.00 TRANSFER x. yr Vendor Total: Number Name Grass Discount No -Pay 12792 BETHANY SENIOR LIVING 105,634.41 0.00 0.00 Report Summary Grand Totals: Gross Discount No -Pay 105,634,41 0.00 0.00 DROVED JDh'P '•Yi:.H0911d C45U),t€4YSkC Net 25,885.49 aJ 21,668.51 �/` 38,672A4 ✓'� 18,156.95 1.053.32 ✓� Net 105.634.41 Net 105,634.41 file:///C:/Users/Itrevino/cpsi/memmed. cpsinet.conl/u8 8125/data_5/tmp_cw5report2124282... 5/4/2023 Memorial Medical Center Nursing Home UPI. 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Search Accounts .. u<r,r. DDA (15) S8,689,246.93 58,914,620.05 $9.163.558.89 I$8.914.620.05 MEMORIAL MEDICAL CENTER -OPERATING '4357 MEMORIAL MEDICAL CENTER -CLINIC SERIES 2014'4365 MEMORIAL MEDICAL CENTER -PRIVATE WAIVER CLEARING'4373 MEMORIAL MEDICAL CENTER /NH,jAASHFORD-4381� Cunnnl0 4 fa2ti? ur3r u. v_ Currrnl Mnmm Ni"I4b1=nwa 0u.,¢e a.., MEMORIAL MEDICAL CENTER /� BROADMOOR'4403 .� MEMORIAL MEDICAL CENTER / SOLERAAT WEST HOUSTON'4438 MEMORIAL MEDICAL/ NH GOLDEN CREEK HEALTHCARE *445.1 MMC-NH GULF POINTE PLAZA- MEDICARE/MEDICAID'5"1 MMC -NH TUSCANY VILLAGE'3407 MMC `MONEY MARKET FUND'2998 MEMORIAL MEDICAL CENTER / NH CRESCENT'4411.f MEMORIAL MEDICAL CENTER I NH/PORT BEND'4446 I MMC -NH GULF POINTE PLAZA -PRIVATE PAY-5433 v .e..�.e t. i:5'.': • rWa-.:e .. 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