NOTICE OF JOINT! MEETING City Council Special Session Meeting  The City Council for the City ofSimonton, Texas, will hold its City Council - Special Session Meeting on April 16, 2024 at 61 PM in City Hall, 35011 FM 1093, Simonton, Texas 77476, for the  purpose of considering the following: 1. Call to Order and Establish Quorum 2. Invocation and Pledge 3. Public Comments  Ind accordance with Texas Open Meetings Act and Texas Government Code 551.007, City Council may not discuss or take action on any item NOTlisted on the Agenda. Each memberof the public wishing to speak must. sign-up prior to the meeting and is limited to. 3 minutes. 5. Consider and take action on an Ordinance of the City Council of Simonton, Texas authorizing EDC. A, a Type A Economic Development Corporation, to undertake any project that a' Type B EDC: may undertake under Chapter 505 ofthe Texas Local Government Code. 6. Consider and take action on a. Resolution of the City Council Amending the EDC A Articles of Incorporation and confirming the board members of EDC. A.  4. Town Hall Presentation ofDraft Comprehensive Plan 2024  7. Adjourn  Simonton Economic Development Corporation A Regular Board Meeting  The Board of the Simonton EDC. A will hold its Regular Board Meeting on April 16, 2024 at 6 PM: in City Hall, 35011 FM 1093, Simonton, Texas 77476, for the purposes of considering the following:  1. Call to Order and Establish a Quorum  2. Consider and take action on the appointment of Board President.  3. Consider: and take action on aj project toj partially fund an infrastructure improvement project that provides expanded public safety facilities and are generally municipally owned 5. Consider and take action for final approval of proposed project to partially fund an infrastructure improvement project that provides expanded public safety facilities and are  improvements.  4. Public Hearing on the Proposed Project.  generally municipally owned improvements  6. Adjourn.    NOTICE OF REGULAR MEETING City Council Regular Session Meeting  The City Council for the City of Simonton, Texas, will hold its City Council-I Regular Session Meeting on April 16, 2024 at 6:30 PMi in City Hall, 35011 FM 1093, Simonton, Texas 77476, for the  purpose of considering the following: 1. Call to Order and Establish a Quorum  2. Public Hearing on thej proposed Strategic Partnership Agreement with Waller County Municipal Utility District 2 and the limited annexation to enlarge and extend the boundary limits of said  city to include a certain tract ofland being of or about 344.4 acres.  3. Public Comments  In accordance with Texas Open Meetings Act and Texas Government Code 551.007, City Council may not discuss or take action on any item NOT listed on the Agenda. Each member of the public wishing to speak must sign-p prior to the meeting and is limited to 3 minutes. Items listed under the Consent Agenda are considered routine and are generally enacted in one motion. The exception to this rule occurs when a Council Member requests one or more items  4. Consider and Take. Action on the Consent Agenda  removedfrom the Consent Agenda for separate discussion and action.  December 2023 Financial Reports December 2023 Council Report December 2023 Payment Report January 2024 Council Report January 2024 Payment Report Revenue Management Services Report City Council Meeting Minutes Garner Agreement Amendment  a. b. C. d. a. a. a. 5. New Business  Sales and Use Tax Report, February 2024, Q1 Approve Draft Minutes ofl March 19, 2024 Ratify Garner Agreement. Amendment  a. Appointment of] Board Member to Keep Simonton Beautiful Board. safety facilities andi is a generally municipally owned improvement.  b. Consider and take action on a Resolution to approve the Proposed. Project from thel EDC A to partially fund an: infrastructure improvement project that provides expanded public  6. Adjourn tol Executive Session Consultation with Legal Counsel (551.071) City Administrator and City Secretary.  Executive Session pursuant to Chapter 551 oft the Texas Government Code for purposes of: Personnel Matters (Section 551.074) regarding the appointment, employment and duties ofthe  2    7. Reconvene to Open Session  8. Consider and Take Actions resulting from Executive Session  9. Reports a. Mayor b. City Staff c. City Council 10. Next City Council Meeting 11. Adjournment  I, the undersigned, Interim City Secretary of the City of Simonton, do hereby certify that on April 12, 2024 by 5:00 p.m. I posted a true and correct copy of the above and following notice of the Joint Meeting; Special Session Meeting and) Regular Meeting ofthe City ofSimonton Council and Simonton Economic Development Corporation A ofthe City of Simonton to bel held on April 16, 2024 Meetings tol bel held beginning at 6:00j p.m. at the Simonton City Hall, which posting was done not less than three  (3) full days prior to the date fixed for said meetings  gaubnlins Janie Willman, Interim City Secretary  The City Council may hold an Open or Closed meeting by telephone conference call if an emergency or public necessity exists within the meaning of Section 551.045 of the Open Meetings Act, and the convening at one location of a quorum of the City Council is difficult or impossible. The City Council may convene into executive session on any matter related to any of the above agenda items for a purpose, such a closed session is allowed under Chapter 551,Texas Reasonable accommodation, for persons with disabilities attending this meeting will be available. Persons with disabilities in need ofs special assistance at the meeting should please contact the City Secretary at 281-533-9809. Agendas are posted on the City Website at ntp/smontonteasgoy,  Government Code.  3    TOwW Hall H.  b0  (  8  -  - I €  a  I  le  -  - - N C  à    S E  = -  E @ E E 0 b0 2 e d   S - e €  (  - a - S N E L  >  D -  a C  e  @ E b0 8 t     -  a 0  E E C o 1  9   > C  -  3 3 rc 9    8  5  C I = & E I o - o - U a I @ I / e 9 - I I à  9  E  S 9  8 1 N 3  o - E / o  I @ e O e 6  T e D - e / 0) a D ) D a E 0 6 @ E S in S L 8 A € E  8  E a C E e 8 o de I a of & o 1 C - de E o E I I de a E /   n E L I  -  e E 5 D6 X e e de 3 a 3  -  @ 8  E E  I    8  a  M 3  D  -  e 5  S o 9  0 o  I  E a -  I  E A D  a    1 in  la  3 L 8 C à o B o 8 2 to B 3 6 10 in E - o ) a C € 9 a 5 D0 0 de O 8 de 1e a @ à E de E 0 0 s la e - E 1n 3 0 0 o a E S S I O - € e I E E e  L e 6 S a  I  o 5 S 2 o  E  e   2  a a  ln f e 0 02 (  -  3 L - - a N 8  6  e  to o 3 S = 9  - n L ) a L C o m B  - ln ) - a E 4t > @ - de o E   8  0  e S) B @ 5  B t    9  5  de S 9  8  3 8   I  0  R M 3  do .2 e 3  -  in I  U  S 3 I E -  a  O C  -  U)  C  I    3 - -  I  9 6 e  R M 3  a - - - - S  I  I  I :  0 E  à  8  a e S 5  N 0 @ @ N D  S K 8  3  @ S O  a 5 9   O  @ S  LL K K S)    - e - @ E  8 I N 3  E 3 T -  O E  0  8    - & L C a -  O - I & 0 L @ a  a . 3  A  Z 0 - & e @ S -  à  0 - 0  :  W I E a N 8  2 -   &    C  4 8 I N 3  I  - 6 a  E 3 E  8    RUF  8 2  N 3  0 :  I  I    ROUH  8  3 0 a 3 I  3  E M 8    RU  ( 8 M 3 E > 2 L I E E m 8  -  5 3 V    C E @ 00 a 00 L  V 2 - - a > S M L I L E M o   5 I  8 e @ e DD e - @ 1 t 0 bo E @ X o e a @ - N E - € a a  a 2 @ 3 S o 8 de 13 a s de C  a    2 9 1 bo E 0  o E 3 3  L 0 3 E la 3  - le b0  a  - - - :  E  a 7  N a M 3 a > 2  I J x A N 8  M IOGI II  E  @ a  S I  de €  a @ 8 @  2  -    inll  2 8  € a  QHASTTVA SOZVHS    le le la 2 t e 3 a o  E  la o 5 o a = a - C a de 3 € 3 E 3 o - 5  C E a  M S a > A a L L a €  -  5    la  o ( - D la a S D  C - @ E o O @  5  E @ E E 8 2 0  V V - 3  a e V e - 10 le R lC R I  o le s Y E @  S - L L a a A M -   8 C C o n E E a e de C 3 b0 D E E I E a 0o E 8  I  6  C 5  I  0  -  :  3    S I  S 2  5 K  N f E  -  5  3 3  2 M 3 E S - L I L X a N  J  100d  08  E  e E  CUMMINGS  BRAZO5  5  GUYLERRD  I  II 05  I    d a  - 3  I  I n T   > A - L T E a € 8  I  @ V    E 3  0H77H 700d NEW NESBITTRD  QH 771H7 700d  FULSHEAR FARMSRD OUSTIVN  2  a  ORILN  a > D L - a R e m 8  CUMMINGS RD  €  ZUCKERO RD  BORRY RD  2  BRAZOS LLE  GUYLERE RD  I  E 8 @ -    - 8  -  - - a - > n N E L E R € 8  I  I  >    = E  N  2 - 3  e  > A - a L a a A N 8  I    I  5    0 n  E € @  C  a f E  0  - 0 A  U e à - I o o : 8 00 -  N 3  n 6  t e  - @  - 2 U C J  a  - e  a C  3 I  n      V  3 e  a  > S - L I L a A 5 o O  C  C O lE la S 0O  a  3 o e E @ E  a 9 4 2 n E  U S  I    &  - a / -  9  V  - a > A L L a M J  0 n  ( E    V  3 a > A - J L . €  9  8 - A & 00  @ - e  I  E    (  - a a W S N L T L  A 5  - 3 V  E  E 5 11    TAS  ORDINANCE 2024-XX  AN ORDINANCE OF THE CITY OF SIMONTON, TEXAS, PROVIDING FOR THE APPROVAL OF THE CITY OF SIMONTON ECONOMIC DEVELOPMENTCORPORATIONTOUNDERTAKETYPEBPROJECTS.  WHEREAS, The City of Simonton Economic Development Corporation (the "EDCA") isal Non-Profit Corporation incorporated under Article 5190.6, Section 4A, of the Development  Corporation Act of1979; and  WHEREAS, the City Council (the "Council)ofthe City of Simonton, Texas, (the "City") approved the incorporation as evidenced by the Articles of Incorporation of City of Simonton  Development Corporation (the "Articles"); and  WHEREAS, Section 504.171, Authority of Certain Corporations to Undertake Type B Projects, of the Texas Local Government Code, allows for a Type A Corporation to undertake any  project a Type B corporation may undertake under; and,  WHEREAS, the City Council finds that the Cityl has also authorized a Type B corporation; WHEREAS, the City Council finds that the population ofthe City is less than 7,500; and WHEREAS, the City Council finds it is in the best interest of the City to authorize EDC  and  A to undertake any project a Type B corporation may undertake;  NOW,THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SIMONTON, TEXAS, Section 1. The facts and matters contained in the preamble are hereby found to be true and correct Section 2. The City of Simonton Economic Development Corporation is hereby authorized to undertake any project a' Type B corporation may undertake per Section 504.171 ofthe TexasLocal Government Code. Expenditure of funds on any project is still contingent on approval oft the City Section 3. This Ordinance shall be in full force and effect from and after its date of passage, in  THAT:  and are incorporated herein and made aj part hereof for all purposes.  Council oft the City of Simonton. accordance with law.  PASSED,APPROVED, and ADOPTED this  day of  2024.    CITY OF SIMONTON Laurie Boudreaux, Mayor  Attest:  Janie Willman, Interim City Secretary    TH6  RESOLUTION NO..  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIMONTON, TEXAS, AMENDING ARTICLE IX, DIRECTORS, OF THE ARTICLES OF INCORPORASTION OF CITY OF SIMONTON DEVELOPMENT CORPORATION: AFFIRMING AND APPOINTING DIRECTORS TO SIMONTON ECONOMIC DEVELOPMENT  CORPORATION.  WHEREAS, The Simonton Economic Development Corporation A (he-EDCA)saom.olit Corporation incorporated under Article 5190.6, Section 4A, of the Development Corporation Act WHEREAS, The City Council of the City of Simonton (the "Council") approved the incorporation as evidenced by the Articles of Incorporation of City of Simonton Development WHEREAS, Pursuant to Section 504.051, Board of Directors, the City Council of Simonton, Texas (the "City") appoints the members of the board of directors of an Economic Development  of1979; and  Corporation (the "Articles"), attached as Exhibit"A"; and  Corporation; and  WHEREAS, The. Articles can be amended from time to time by Council; and  WHEREAS, The Council finds iti is int thel best interest to achieve thej purposes and governance of EDC. A to amend the. Articles to allow all five (5) directors to be employees, officers, or members WHEREAS, the Council finds it is in the best interest to affirm and appoint the Council as the NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. THAT the recitals to this Resolution are true and correct and are incorporated SECTION: 2. THAT the Articles are amended by removal of strikethrough and addition of  ofCouncil; and  Board ofDirectors of EDC. A; SIMONION,TEXAS: herein for all purposes. underlined below:  "Article IX. Directors.  The affairs of the Corporation shall be managed by a Board of] Directors consisting of five (5)d directors appointed by the Council. Subsequent to the initial terms, directors shall serve for two (2) year terms of office. Terms shall be staggered. Ne-mere-than-three/dhreeters shall All directors may be persons who are employees, officers, or members of Council.  Res. City of Simonton- Fee Schedulet for Construction Permits andI Inspections- -1.29.2024  Page1    The names and addresses oft the persons who are to serve as the initial directors and the SECTION3. THAT the names ofthe persons who are to serve as the directors are as follows:  dates of expiration oft their initial terms as directors are as follows."  Courtney Cox Burns Turner Faith Haley Justin Boudreau Kelli Matula  PASSED, APPROVED, AND. ADOPTED this  day of  2024.  FOR THE CITY:  LAURIE BOUDREAUX, MAYOR  ATTEST:  Janie Willman, City Secretary  Res. City of Simonton- - Fee Schedulef for Construction! Permits andI Inspections- -1.29.2024  Page2 2    EDLA 2  FILEP Inthe Office oft the Secretary ofs State of Texas FEB 112009  ARTICLES OF INCORPORATION ANON-PROFIT CORPORATION  OF  CITY OF SIMONTON DEVELOPMENT CORPORAREMpOrations Section  STATE. OF TEXAS COUNTY OF FORT BEND  X X  We, the undersigned natural persons, each of whom is at least eighteen (18) years of age or more, a resident and qualified voter of the City of Simonton (the "City"), and a citizen oft the State of Texas, acting as incorporators of a public instrumentality, and non-profit industrial development corporation (the Corporation"), organized and governed under the provisions of Vernon's Ann. Civil Statutes, Articie 5190.6, Section 4A, of the Development Corporation Act of 1979 (the "Act"), with the approval of the City Council of the City of Simonton (the "Council") as évidenced by the attached Resolution, do hereby adopt the following Articles of Incorporation for the Corporation.  ARTICLEI NAME  The name of the Corporation is City of Simonton Development Corporation.  ARTICLE! NON-PROFIT STATUS  The Corporation is a public non-profit corporation, and is an industrial development corporation organized under the provisions oft the Act, and governed by Section 4A ofthe Act. In the event of any conflict between any provisions of these Articles of Incorporation and the Act, then the provisions oft the  Act shall prevail.  ARTICLE II DURATION  The period of duration of the Corporation is perpetual.  ARTICLEN PURPOSE  The Corporation is organized for the public purpose of aiding, promoting, and furthering the economic development of the City, pursuant to the provisions of the Act. The Corporation may issue bonds or incur other forms of debt to fulfill its public purpose. The Corporation is a constituted authority and a public instrumentality within the meaning of the regulations of the United States Treasury Department and the rulings of the Internal Revenue Service, prescribed and promulgated pursuant to No agreements, bonds, debts, or obligations of the Corporation are, or shall ever be deemed to" be, the agreements, bonds, debts, or obligations, or the lending of credit, or a grant of public money. or thing of value, of or by the City or any other political corporation, subdivision, or agency of the State of  Section 103 oft the Internal Revenue Code of 1954, as amended.  Texas, or the pledge of faith and credit of any of them.    ARTICLEV AUTHORIZATION  The City has specifically authorized the Corporation by Resolution to act on its behalf to further the public purposes stated int the Resolution and these Articles of Incorporation, and has approved these Articles of Incorporation. Acopy of said Resolution is attached to these Articles of Incorporation  and made a part hereof for all purposes.  ARTICLE VI MEMBERSHIP AND STOCK  The Corporation has no members and is a non-stock corporation.  ARTICLE VII BYLAWS  The Corporation's intemal affairs shall be regulated by a set of Bylaws, not inconsistent with the laws of this State, and approved by the Council, under whose auspices the Corporation is created.  ARTICLE VIlI  REGISTERED OFFICE AND AGENT  The street address oft the initial registered office oft the Corporation is 35011 FM 1093, Simonton, Texas 77476, and the mailing address is POE Box7, Simonton, TX77476, and the initial  registered agent is Joan Robertson.  ARTICLE IX DIRECTORS  The affairs of the Corporation shall be managed by al Board of Directors consisting ofi five (5) directors appointed by the Council. Subsequent to thei initial terms, directors shall serve for two (2) year terms of office. Terms shall be staggered. No more than three (3) directors shall be persons who are employees, officers, or members of Council. The names and addresses of the persons who are to serve as thei initial directors and the dates of expiration of their initial terms as directors are as follows:  Name David S. Narveson Barbara M. Minton  Address 8502 Stansberry Rd. Simonton, TX7 77476 38277 West Bronco Simonton, TX 77476 35027 FM 1093 Simonton, TX77476  Expiration of Term June 1,2 2010 June 1, 2010  Cynthia V. Aber  June 1, 2011  2    Joel Mayhugh Tom' Walker  4818 Oxbow Circle West Fulshear, TX 77441 1515 Pony Lane Wallis, TX77485  June 1, 2011 June 1, 2011  Each director, including the initial directors, must reside within the City or Fort Bend County, Texas. Each director, including the initial directors, shall be eligible for reappointment. Irrespective of terms, directors serve at the pleasure of the Council, and are removable by a majority vote oft the Council at any time, with or without cause. The directors, including the initial directors, shall serve without compensation, except they may be reimbursed for actual expenses incurred in the  performance of their duties.  ARTICLEX INCORPORATORS  The names and addresses of the incorporators are as follows:  Name Louis J. Boudreaux Paul Sabrsula, Jr. Jimmy Gammill Daniel McJunkin Margaret Wright  Address 9530 Barnes Rd. Simonton, TX: 77476 37716 Bronco Simonton, TX 77476 36602 Hondo Simonton, TX 77476 1234 Pony Lane Simonton, TX 77476 36719 Maverick Simonton, TX 77476 ARTICLEXI DMDENDS  No dividends shall ever be paid by the Corporation, and no part of its net earnings remaining  after payment of its expenses shall be distributed to, ori inure to the benefit of its directors.  3    ARTICLE XII DISSOLUTION  Ifthe Corporation should ever be dissolved when it has, ori is entitled to, any interest in any funds or property of any kind, real, personal, or mixed, such funds, or property, or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City after satisfaction or provision for satisfaction, of all debts and claims. The City reserves the right to dissolve  the Corporation.  ARTICLE. XIII AMENDMENT  These Articles of Incorporation may at any time, and from time to time, be amended by the Board of Directors upon approval by the Council, or by Council, provided any such amendment, or amendments, are executed in accordance with the Act, and are lawful under the Act.  4    THE STATE OF TEXAS' COUNTY OF FORT BEND X  X  BEFORE ME, thet undersigned authority, ont this day personally appeared Louis, J. Boudreaux, knownt to me tol bet the person whosè name is subscribed tot thef foregoing instrument, who, being! by mei first duly sworn, declared that he/she is the person who signed thet foregoing document as incorporator, and that the statements therein contained are true. GIVEN UNDER MYI HAND ands seal of office this 20 day of DAACK_mRAD    FORTHE STATE OF TEXAS JOAN ROBERTSON MOTARIPIBUCSIATEOFT TEMAS COMRISSION EKPIRES: AUGUST 15, 2010!  SLA  GoL  THE STATE OF TEXAS COUNTY OF FORT BEND X  X  BEFORE ME, the undersigned authority, on this day personally appeared Paul Sabrsula, Jr., known! tor me tol be the person whose name is subscribed to the foregoing instrument, who; being by mei firsto duly sworn, declared that! he/she is the person' who signed thef foregoing doçument asi incorporator, and that the statements therein contained are true. GIVENUNDER MYH HAND and seal of office this. 200 -lanurymag  NAgYP/GIANEFORI THE STAFEOFT TEXAS h  Paul  sf  JOMV. 1 WOTARTPUBUKSAIEOFT TEKAS COMISSION EXPIRES: AUGUST 15, 2010  THE STATE OF TEXAS COUNTY OF FORT BEND X  X  BEFORE ME, the undersigned authority, on this day personally appeared. Jlmmy Gammill, known tor me to! be the person whose namei is subscribed to the foregoing instrument, who, being! by me first duly swom, declared that he/shei is the person who signed the foregoing document: as incorporator, and that thes statements therein contained are true. GIVEN UNDER MY HAND and seal ofc office this. 20-mla10lm  Pmnae  OF TEXAS  gAK  G  JOANI ROBERTSON WIPILESAEGFTENS COMHSHOK EKPIRES: AUGUST 15. 2010  5    THE STATE OF TEXAS COUNTY OF FORT BEND )  X  BEFORE ME, the undersigned authority, ont this day personally appeared Danlel McJunkin, known to me to! be the person whose name is subscribed tot thet foregoing instrument, who, being! by me first dulys swom, declared that! he/shei is the person who signed the foregoing document as incorporator, and that the statements therein contained are true.  GIVEN UNDER MY HAND and seal of office this 20 day of  2009,A.D.  THE STATE OF TEXAS : JOANF ROBEKISUN MOIEIKELEHAEUIEAS COMISSION EKPIRES: AUGUST 15, 20101  Lullw Daniel McJunkin  E  buli  THE STATE OF TEXAS COUNTY OF FORT BEND X  X  BEFORE ME, the undersigned authority, ont this day personally appeared! Margaret Wright, known tor me to be the person' whose name is subscribedi tot thet foregoing instrument, who, being by me first duly swom, declared that he/shei is the person who signed the foregoing document asi incorporator, andt that thes statements therein contained are true.  GIVENUNDER MYHAND and seal of office this  OF TEXAS  M 81 paset Vu 1 A Margaret Wight  2  JOANT ROBERTSON ATAPPBIFTATEFIENS COMHISSION EXPIRES: AUGUST 15, 2010  Articles 4A  6    EpCA 5  - 8  a  9    la L e  € 8    :  B0 80  n -  I  @ e  6      a  E E 3  € 8  E a 1    3  2/IEDI 0313 B  8/S9E1 TVMA ONISINEG ONIISIXE  --S  M/E8-6  ESET  901  WOIVId & .09+ G3SIV 09+ a3sOdoud  E  EEHEPEE a pgmag apsen gnpe  I   - - - PSE B  e  E a - 1    3 L 0 o 8 - a 5 3 / 0 c 5A 5 5A 0A  I  00 e 5 0 o 6   45 5  9 - L -   0 0 5 8 8 5 CO 0 a C C0 SA $A 5A  A - 5  6  E -  E a E  E E  B  n)    ap  I  A   9  6 6  2 a 5  2 0 o  N    Alerts  Cabh Basls View  pu have no unread alerts. Accounts 756209  City Of Simonton - Operating City Of Simonton Dev Corp 756297 4A Simonton Dev Corp 756305 4B City Of Simonton - Grants - Money Mkt 758889 APPA # City Of Simonton - Operating-Money.Mk - 758897 Wigh Vielel ity Of Simonton - Keep Simonton Beautif  Available Balance $25,000.00 Available Balance $10,000.00 Available Balance $10,000.00 Available Balance $239,241.75 Available Balance Available Balance $12,139.13 Available Balance $1,598,795.87 Available Balance $218,286.14 Available Balance $382,350.97 4309,779.34  Recent w Recent 3 Recent 3 Recent 9 Recent 9 Recent w Recent V Recent 9 Recent 3  $195,183.91 adjusnb CDARS  66433  ICS-C City Of Simonton 99756209 Lecla Prom Operatins Swift azet. ICS-City Of Simonton Dev Corp 99756297 Sweep for 4A ICS- Simonton Dev Corp 99756305 Sweep for 45  TxPool    RegNig 2  NOTICE OF PUBLIC HEARING  NOTICE IS HEREBY GIVENTO ALL INTERESTED PERSONS, THAT:  The City ofSimonton, Texas proposes to enter into a Strategic Partnership Agreement with Waller County MUD No. 2 and institute limited annexation proceedings to enlarge and extend the  boundary limits ofs said city to include the following described territory, to-wit:  A CERTAIN TRACT OF LAND BEING OF OR ABOUT 344.4 ACRES AS RECORDEDINTHE NATHAN BROOKSHIRE LEAGUE SURVEYAIGIATCRR SURVEY,SECTION 78, A-330, H. & T.C. R.R. SURVEY, SECTION 73, A-154, ANDI H.& T.C. R.R. SURVEY, SECTION 76, A-322, IN WALLER COUNTY, TEXAS.  Two public hearings willl be held.  Thei first public hearing willl bel held by and before the City Council oft the Cityo ofSimonton, Texas on the 16th day of April, 2024 at 6:30 p.m. in the City Council Chamber of the Simonton City Office of the City of Simonton, Texas, located at 35011 FM 1093, Simonton, Texas 77476, for all persons interested in the above proposed strategic partnership and limited annexation. At said time and place all such persons shall have the right to appear and be heard. Ofall said matters and things, all persons interested in the things and matters herein mentioned, will take notice.  The second public hearing will be held by and before the City Council of the City of Simonton, Texas on the 23rd day of April, 2024 at 6:30 p.m. int the City Council Chamber ofthe Simonton City Office of the City of Simonton, Texas, located at 35011 FM 1093, Simonton, Texas 77476, for all persons interested in the above proposed strategic partnership and limited annexation. At said time and place all such persons shall have the right to appear and be heard. Ofall said matters and things, all persons interested in the things and matters herein mentioned,  will take notice.    Copies oft the Strategic Partnership Agreement will be available for view att the City of Simonton City Office during regularly posted business hours beginning on Monday, April 15,  2024.    Regeg 2  EXHIBIT: F  STRATEGICPARTNERSHIP AGREEMENT BETWEEN THE CITY OFS SIMONTON,  TEXAS AND THE STATE OFTEXAS COUNTY OF.  MUNICIPAL UTILITY DISTRICTNO.  S S  This STRATEGIC PARTNERSHIP AGREEMENT (this "Agreement") is entered into as of the Effective Date between the CITY OF SIMONTON, TEXAS, a municipal corporation principally situated in Fort Bend County, Texas, acting through its governing body, the City Council of the City of Simonton, Texas (the "City"), and conservation and reclamation district created pursuant to Article XVI, Section 59, Texas Constitution and operating pursuant to Chapters 49 and 54, Texas Water Code.  MUNICIPAL UTILITY DISTRICT NO.  (the "District"), a  RECITALS  1. Texas Local Government Code, $43.0751 (the "Act") authorizes the City and the District to negotiate and enter into a strategic partnership agreement by mutual  consent;  2. This Agreement provides for the annexation of the commercial property in the District as more specifically described in Exhibit "A" (the "Tract"), by the City for  the limited purpose ofi imposing a Sales and Use Tax;  3. As required by the Act, the City held public hearings on  and  at City Hall, Simonton, Texas, and the District held public hearings on  at at  Texas, and on Texas, at which  members of the public were given the opportunity to present testimony or evidence regarding the proposed Agreement, and the City and the District made copies of the proposed Agreement available, and gave notice of the hearings prior to the public  hearings in accordance with thei terms of the Act; and  4. The City and the District wish to enter into a strategic partnership agreement to provide the terms under which services will be provided by the District and under which the District will continue to exist for an extended period of time after the District  isa annexed for limited purposes.    THEPARTIES AGREE. AS FOLLOWS:  ARTICLEI FINDINGS  The City and the District: find and declare:  1. The Act authorizes the City and the District to enter into this Agreement to define the terms under which services will be provided to the City and the District and under which the District will continue to exist after the District is annexed for limited 2. This Agreement does not require the District to provide revenue to the City solely for the purpose of an agreement with the City to forgo annexation of thel District; 3. This Agreement provides benefits to the City and the District, including revenue, services, or regulations which are: reasonable and equitable with regard to the 4. AlI the terms contained in this Agreement are lawful and appropriate to 5. The City and the District negotiated this Agreement by mutual consent; the terms of the. Agreement are: not a result of the City's Annexation Plan or any arbitration  purposes pursuant to this Agreement;  benefits provided tot the other Party;  provide for the provision of municipal services; and  between the City and the District.  ARTICLEII DEFINITIONS  Unless the context requires otherwise, and in addition to the terms defined above, the following terms used in this Agreement will have the meanings set out "Act" means Texas Local Government Code, $43.0751 and any amendments "Agreemen!" means this strategic partnership agreement between the City and  below: thereto. the District.  "Board" means the Board of Directors oft the District.  "City" means the City of Simonton, Texas, a municipal corporation principally "City Council" means the City Council of the City or any successor governing "Comptroller" means the Comptroller of Public. Accounts of the State of Texas.  situated in Fort Bend County, Texas.  body.    "Consent Resolution" means Resolution No.  including all  attachments and exhibits passed by the City Council consenting to the creation of and  inclusion of land in the District.  Development Agreement" means that certain Development Agreement entered  into between the City and Twinwood U.S., Inc., dated  governing the  property subject to this Agreement. "District" means.  Municipal Utility District No. a conservation  and reclamation district created pursuant to Article. XVI, Section 59,' Texas Constitution  and operating pursuant to Chapters 49 and 54, Texas Water Code.  "Effective Date" means,  20_  "Government Code" means the Texas Government Code and any amendments Implementation Date" means the date the limited-purpose annexation "Local Government Code" means the Texas Local Government Code and any "Party" or "Parties" means a party or the parties to this Agreement, being the "Sales and Use Tax" means the sales and use tax authorized tol be imposed in the "Tax Code" means the Texas Tax Code and any amendments thereto.  thereto.  ordinance is passed by the City Council pursuant to Section3.01.  amendments thereto. City and the District.  District by the Act and Tax Code Chapter 321.  ARTICLEIII  LIMITED-PURPOSE ANNEXATION  Section 3.01 Generally  As soon as practicable following the approval oft this Agreement by City Council, as authorized by the Act, the City shall annex the Tract for the limited purpose of imposing a Sales and Use Tax and not for any other purpose, including the application Section 3.02 Property Taxes and District Liability for Debts of the City  of zoning or land use controls.  During the term of this Agreement, except as provided in Article V: (i) neither the District nor any owners of taxable property within the District is liable for any present or future debts of the City, and (ii) current and future ad valorem taxes levied  by the City will notl bel levied on taxable property within the District.    Section 3.03 Powers and Functions Retained by the District  Except as limited by the Consent Resolution, the District is authorized to exercise all powers and functions of a municipal utility district provided by existing law or any amendments or additions thereto. The District's assets, liabilities, indebtedness, and obligations will remain the responsibility of the District. Disposition or acquisition of additional assets, liabilities, indebtedness, and obligations will be governed by the Consent Resolution to the extent the Consent Resolution is not inconsistent with this  Agreement.  Section 3.05 ataterfioiajrindictien  This agreement does not remove any area oft the District from the extraterritorial jurisdiction of the City. The City may regulate the District in accordance with the Development Agreement. Notwithstanding any other provision in this Agreement, in the event of a conflict between this Agreement and the Development Agreement, the  Development Agreement controls.  ARTICLEIV SALES AND USE TAX  Section 4.01 Imposition of the City's Sales and Use Tax  Pursuant to Subsection (K) of the Act, the City shall impose a Sales and Use Tax within the! District upon the limited-purpose annexation of the' Tract, The Sales and Use Tax shall be imposed on the receipts from the sale and use at retail of taxable items at the rate of. percent or the rate specified under future amendments to Chapter 321, Tax Code. The Sales and Use Tax shall take effect on the date described in Section  321.102, Tax Code.  Section 4.02 Payment of Sales and Use Tax to the District  The City shall pay to the District an amount equal to 50% of the Sales and Use Tax revenues that are reported on the monthly sales tax report provided by the Comptroller and received by the City from thé Comptroller after the date of the limited-purpose annexation of Tract. The City shall deliver the District's portion of the Sales and Use Tax revenues to the District within 30 days of the City's receipt of the sales report from the Comptroller. Chapter 2251, Government Code shall govern and provide the penalty if the City fails to deliver the District's portion in a timely manner. For the purposes of determining the applicable overdue date under Chapter 2251, Government Code, the City is deemed to have received an invoice. from the District on the date the City receives the sales tax report from the Comptroller without further The City agrees to make reasonable efforts to obtain amended and supplemental  action from the District.    reports from the Comptroller to reflect, to the greatest extent practicable, all Sales and Use Tax: revenues generated within the Tract. Revenues resulting from such amended and supplemental reports will be divided and paid as] provided above.  The City shall deliver to the District a condensed version of each monthly sales tax report provided by the Comptroller, containing only the contents of the sales tax report relating to retail sales ànd retailers in the Tract within 30 days of the City's  receipt of the sales tax report. Section 4.03 Notification of Comptroller  The City shall send notice of this Agreement and the limited-purpose. annexation of the Tract to the Comptroller within three days of the Implementation Date in the manner provided by Section 321.102, Tax Code. The City shall send to the District a copy of any notice from the Comptroller delaying the effectiveness of the Sales and Use  Taxi in the Tract.  Section 4.04 District Use of Sales and Use Tax Revenue  The District shall use the Sales and Use Taxi revenue provided in Section 4.02: for  any Iawful purpose.  Section 4.05 District Audit Rights  The District may audit the Sales and Use Tax collections by the City determine whether the Sales and Use Tax revenue payments provided by Section solely 4.02 have been made to the District in accordance with this Agreement. Any audit shall be made at the District's sole cost and expense ànd may be performed at any time during the City's regular business hours by an auditor hired by the District on 30 days written notice to the City. For the purpose of any. audits, the City shall maintain and make available to the District or its representatives all books, records, documents and other evidence of accounting procedures or practices in whatever form sufficiently maintained to reflect the collection of all Sales and Use Tax: revenues that are. subject to  to  this Agreement.  ARTICLEV  FULL-PURPOSE ANNEXATION  Section 5.01 No Full-Purpose. Annexation During Development provided in thel Development Agreement have been satisfied.  The City agrees that it will not annex all or part of the District or commence action to annex all or part oft the District for fully purposes until the terms and conditions any    Section 5.02 Continuation of the District to a Limited District Upon Full-Purpose Upon full purpose annexation of the District, the District will continue to exist for an extended period to allow for the completion of District operations and the integration of the District's system into the City's system, following which period the City shall act to abolish the District in accordance with applicable law; providing that, if the City has not abolished the District within 90 days after annexation, the District shall be automatically abolished on the 91st day. At such time, the City will assume all rights, assets, liabilities and obligations of the District (including all obligations to reimburse the developers within the District) and the District will not be continued or converted for limited purposes. Upon annexation, the City shall assume the responsiblity for the operation and maintenance of the water, sewer and drainage systems, park and recreational facilities and road facilities of the District and shall be entitled to all utility revenues of the system as consideration for the assumption of such obligations. The rates and fees charged by the City shall be the same as the rates and fees charged by  Annexation  City to customers of the same class in other parts of the City.  ARTICLEVI  MATERIAL BREACH, NOTICE. AND REMEDIES  Section 6.01 Generally  Itis the intention of the Parties to this Agreement that the District and the City be regulated in accordance with the terms of this Agreement. Ifa Party to this Agreement believes that another Party has, by act or omission, committed a material breach oft this Agreement, the provisions of this Article shall govern the remedies for breach of this  Agreement.  Section 6.02 Notice of Default  A. The non-detaulting party shall notify the defaulting party in writing of an alleged failure by the defaulting parly to comply with a provision of this Agreement, describing the alleged failure with reasonable particularity. The defaulting party shall, within 30 days after receipt of the notice or a longer period of time as the: non-defaulting party may specify in the notice, either cure the alleged failure or, in a written response tot the non-defaulting party, either present facts and arguments in refutation or excuse of the alleged failure or state that the alleged failure will be cured and set forth the  method and time schedule for accomplishing the cure,  B. The non-defaulting party shall determine (i) whether a failure to comply with aj provision has occurred; (i) whether the failure is excusable; and (iir) whether the failure has been cured or will be cured by the non-defaulting parly. The defaulting party shall make available to the non-defaulting party, if requested, any records,    documents or other information necessary to make the determination.  If thei non-defaulting party determines that the failure has not occurred, or  that the failure either has been or will be cured in a manner and in accordance witha schedule reasonably satisfactory to the non-defaulting party, or that the failure is  excusable, the determination shall conclude thei investigation.  D. If the non-defaulting party determines that a failure to comply witha provision has occurred and that the! failure is not excusable and has not been or will not be cured by the non-defaulting party in a manner and in accordance with a schedule reasonably satisfactory to the non-detaulting party, then the non-defaulting party may  exercise the applicable remedy under Section 6.03.  Section 6.03 Remedies  Ift the: non-defaulting party determines that the defaulting party has committeda material breach of this Agreement, the non-defaulting party may file suit in a court of competent jurisdiction in Fort Bend/Waller County, Texas, and seek any relief available at law or in equity, including, but notl limited to, an action under the Uniform Declaratory Judgment Act and termination of this Agreement as to the defaulting parly  in addition to the monetary awards as may be appropriate.  ARTICLE VII  BINDING AGREEMENT, TERM, AND AMENDMENT  Section 7.01 Beneficiaries  This Agreement binds and inures to the benefit of the Parties, their successors and assigns. The District shall record this Agreement with the County Clerk in Official Records of Fort Bend/Waller County, Texas, This Agreement binds each owner and each future owner of land included within the District's boundaries in accordance with  Subsection (c) of the Act. Section 7.02Term  This Agreement commences and binds the Parties on the Effective Date and continues for forty-five (45) years thereafter, unless terminated on an earlier date pursuant to other provisions of this Agreement or by express written agreement executed by the City and the District. Upon the expiration of forty-five (45) years from the Effective Date, this Agreement may be extended by express written agreement executed by the City and the District for successive one-year or Ionger periods. The Parties, by mutual consent, may amend the terms of this Agreement at any time.  Section 7.03. Amendment    ARTICLE VIII  MISCELLANEOUS PROVISIONS  Section 8.01 Notices and Addresses  Any formal notices or other communications ("Notice") required to be given by one Party to another by this. Agreement shall be given in writing addressed to the Party to be notified at the address set forth below for the Party, () by delivering the Notice in person (i) by depositing the Notice in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the Party to be notified, (ir) by depositing the Notice with Federal Express or another nationally recognized courier service guaranteeing "next day delivery," addressed to the Party to be notified, or (iv) by sending the Notice by telefax with confirming copy sent by mail, Notice deposited in the United States mail in the manner herein above described shall be deemed effective from and after the date of such deposit. Notice given in any other manner shall be effective only if and when received by the Party to be notified. For the purposes of Notice, the addresses of the Parties, until changed as provided below, shall be as  follows:  All Notices required or permitted under this Agreement shall be in writing and  shalll be served on the Parties at thei following address:  City:  City of Simonton, Texas P.O. Box7 Simonton, Texas 77476 Attn: City Secretary (Fax) (281)533-9809  District:  Municipal Utility Districtl No..  c/o Allen Boonel Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 Atin: Stephen M. Robinson  The Parties may from time to time change their respective addresses, and each may specify as its address any other address within the United States of America by giving at least five days written notice to the other Party. If any date or any period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the notice shall be extended to the first business day  following the Saturday, Sunday or legal holiday.  Section 8.02' Time Agreement.  Time is of the essence in all things pertaining to the performance of this    Section 8.03 Severability  Ifany part of this Agreement is found tol be unenforceable, all other parts remain  enforceable unless the result materially prejudices either Party.  Section 8.04 Waiver  Any failure by a Party to: insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof or of any other provision hereof, and the Party shall have the right at any time thereafter to insist upon strict! performance of any and all of the provisions oft this Agreement.  Section 8.05 Applicable Law and Venue  The construction and validity oft this Agreement shall be governed by thel laws of the State of' Texas without regard to conflicts of law principles. Venue shall be in Fort  Bend/Waller County, Texas. Section 8.06 Reservation of Rights  To the extent: noti inconsistent with this Agreement, each Party reserves all rights,  privileges, and immunities under applicable Iaws. Section 8.07 Further Documents  The Parties agree that at any time after execution of this Agreement, they will, upon request of the other Party, execute and deliver the further documents and do the further acts and things as the other Party may reasonably request in order to effectuate Section 8.08 Incorporation of Exhibits and Other Documents by Reference  the terms of this Agreement.  All Exhibits and other documents attached to or referred to ini this Agreement are incorporated into this Agreement by reference for the purposes set forth in this  Agreement,  Section 8.09 Effect of State and Federal Laws implementing such statutes or regulations. Section 8.10 Authority for Execution  The District shall comply with all applicable statutes or regulations of the United States, the State of Texas, and City ordinances and City charter provisions  The City certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the City charter and City ordinances. The District certifies, represents, and warrants that the execution of this  Agreement: is duly authorized and adopted by the Board.  SIGNATUREPAGES FOLLOWI    IN WITNESS WHEREOF, the parties have executed this Agreement in multiple  copies, each of which shall be an original.  MUNICIPAL UTILITY  DISTRICTNO., By;  President, Board ofl Directors  ATTEST: By:  Secretary, Board of Directors  THESTATE OF TEXAS COUNTYOF  S S  This instrument was acknowledged before me this  day of as  20_, by  as President, and  Secretary, of  Municipal Utility District No. ap political subdivision of the  State of Texas, on behalf of said political subdivision.  Notary Publici in and for the State of Texas  (NOTARYSEAL)    CIYOFSMONION/TIPAS  By:  Mayor, City of Simonton, Texas  ATTEST:  City Secretary  THE STATE OF TEXAS COUNTY OF FORT BEND  S S  This instrument was acknowledged before me this  day of as  20_, by.  as Mayor, and  City Secretary, of Simonton, Texas a municipal corporation of the State of Texas, on  behalf of said municpalcorporation.  Notary Public in and for the! State of Texas  (NOTARY SEAL)    Cosent age 4a  REVENUE MANAGEMENT SERVICES  RMSh  PUBLIC COPY  The City of Simonton, Texas Sales and Use Tax Report  February 2024  Q1    THIS REPORT CONTAINS NO CONFIDENTIAL INFORMATION:  RMSH M  2    Methods Used for Canvassing Taxpayers and the District  The City of Simonton, Texas has been audited physically and virtually by Revenue Management Services. The Date range of the audit includes, butis not limited to, business and allocation Each business is inspected, and trends are formulated utilizing the State-provided reports and allocation amounts. Individual business allocations are confidential. RMS utilizes confidential and public information along with State databases to review taxpayer activity as well as sales tax remittance schedules and frequency. Ifiti is determined a business is non-compliant, reports are provided to the State Comptroller of Public Accounts. Recovery time ranges from not less Businesses do not: necessarily need to be currently operational toi recover funds deemed receivable by the City. Additionally, iff funds were allocated to another Jurisdiction in error, they may be removed from that Jurisdiction's future receipts until the full amount is repaid. While performing the audit, Revenue Management Services noted several outlets which could be under construction. There are no current permit activation date(s). for the locations being constructed. Once new businesses open, RMS will review the permit information and confirm  activity from January 1, 2000-Present.  than one month and up to six months.  that sales taxes are being allocated correctly.  The following information is through the month of February2024.  3    Simonton, Texasl February 2024 Sales Tax Report  d  CITY DEMOGRAPHICS  Effective Date: First Allocation: Initiated by: Local Authority Code Local Tax Rate: Average Allocation/Year*  10/1/2014 12/1/2014 Voter Approval 5170745 $0.01 $139,026.10  Average Allocation/ Month $11,985.01  2024 Total Allocations: 2024 Average Allocation  $62,184.88 $62,184.88  2017 N/A  2018 4%  2019 1.4%  2020 23%  2021 18%  2022 24%  2023 17%  2024 N/A  $194,178.36 $202,492.59 $205,473.52 $252,881.93 $298,650.34 $368,684.46 $429,653.04 $68,184.88  Total Allocations, 2000-Present: $3,475,652.56*  Yearly Allocations  $500,000.00 $450,000.00 $400,000.00 $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $0.00  2017  2018  2019  2020  2021  2022  2023  2024  uIIl!.    Simonton Texas I Sales Taxpayer Information: February 2023  Utilizing the Comptroler-provided monthly reports, in connection with the weekly reports on permit creation State-wide, the City of Simonton reflects 3,658 possible taxpayer accounts. This number reflects both active accounts as well as accounts that may remit sales tax under a future qualifying sale. Most of the accounts  represented are E-commerce related.  YEAR 2023 February** 2023 March 2023 April 2023 May 2023 June 2023 July 2023 August 2023 September* 2023 October* 2023 November 2023 December 2024 January 2024 February  MONTH  TOTALI FILERS 604 520 507 517 503 479 527 466 501 512 494 538 565  February 2024 represents a 5.1% increase in taxpayers compared to February 2023.  The Average number of taxpayers filing each month totals: 511.  The number of taxpayers filing local taxes fluctuates throughout the year. February and quarterly filing months traditionally reflect the highest number of sales taxpayers. Represented is a listing of each month and the number of taxpayers returns filed in the **February 2023 reflected 604 taxpayers. This is the highest number of taxpayers  City, quarterly filing months are listed in BOLD. remitting allocations in the history of the City of Simonton.  Monthly Tax Filers  700 600 500 400 300 200 100 0  ITITITT  Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24  5    6    Top 25 Sales Taxpayers by Amounts Remitted. Twelve Months Rolling 1 Current Month  Top 25, Twelve Months Combined SIMONTONHOSPITALITYLLC BENCHMARK WIRELINE PRODUCTS INC. OXBOWAGRICULTURALILC DONALD RAYE DAVIS HALEY CREATIONSLLC AMAZON.COM SERVICES INC CATERPILLARFINANCIALSERVICES JAMES BI INGRAM AMAZON.COMSERVICESLLC 10 FRED REYES GREENHOUSES INC 11 APPLEINC. 12 BRAZOS VALLEY SYSTEMS LLC 13 LAURENGGILESPIE 14 MELROSE MEDIA GROUP LLC 15 AZLI DRAGGINSLLC 16 MF FIREARMS INC 17 NEWO CINGULARWIRELESS PCSI LLC 18 RELIANT ENERGY RETAIL SERVICES LLC 19 SECURATECH: SECURITYSISTENSINC  Top 25 Taxpayers, February 2024 SIMONTONHOSPITALITYILC OXBOW. AGRICULTURAL LLC BENCHMARKWIREIINE PRODUCTSINC. AZZI DRAGGINS LLC AMAZON.COMSERVICES INC AMAZON.COM SERVICES LLC JAMESBINGRAM HALEY CREATIONS LLC 9 DOWNTOWNDECORATIONSINC. 10 APPLE: INC. 11 FRED REVESGRPENIOUSESINC 12 DONALD RAYEI DAVIS 13 LAURENCGILLESPIE 14 NEW CINGULAR WIRELESS PCS LLC 15 TEXAS PRIDE DISPOSAL: SOLUTIONS 16 EBAY INC. 17 MELROSEMEDIA GROUP LLC 18 RELIANT ENERGY RETAIL SERVICES LLC 19 DIANES SSPRADLEY 20 THE WEBSTAURANT: STORE LLC 21 SECURATECHSECURIT: SYSTEMS INC. 22 DIRECTVLLC 23 SOUTHWESTERN BELLTELEPHONE 24 DEVELOPER EXPRESS INC 25 GOOGLELLC  20 EBAY INC. 21 DIANESSPRADLEY 22 DAVID J HOULIHAN 24 E.B. AIRI LLC  23 TEXAS PRIDEI DISPOSALSOLUTIONS 25 SOUTHWESTERN BELLTELEPHONECO  7    Nexus I Sales Tax by Business Type February 2024  Utilizing the most: recently received taxpayer data, in the last twelve months, 61% of all the sales tax allocations received by the Coty of Simonton E-Commerce related. These businesses and individuals are paying the City the local sales tax rate and are either located outside of the City or, in many cases, outside the State ofTexas. These businesses have been reviewed and have been determined by the Comptroller of Public Accounts to have had significant enough sales to constitute charging the local tax. The current sales tax allocation contained 18 businesses with filings from locations that are physically located within the City. Of the remaining 547 filers, 358 were produced from E-Commerce.  Top Ten E-Commerce Businesses Remitting Sales Tax February 2023- Present  AMAZON.COM SERVICES INC AMAZON.COM SERVICES LLC EBAY INC. ETSY] INC. ACME ELECTRIC: MOTOR INC. WHALECO INC AUDIBLE INC. PERSONALIZATIONMALL.COMI LLC SHEINI USSERVICESLLC B&H FOTO & ELECTRONICS CORP.  Top Ten E-Commerce Businesses Remitting Sales Tax February 2023  AMAZON.COM SERVICES INC MARKETPLACE) AMAZON.COM SERVICES LLC EBAYINC. ETSY INC. ACME DLECTRIC. MOTOR INC. WHALECO: INC AUDIBLEINC. PERSONALIZATIONMALL.COM, LLC SHEIN US SERVICES LLC B&H FOTO & ELECTRONICS CORP.    Sales Tax Allocation Comparison February 2024  SalesTax Allocation  February 2024* $34,988.16  February 2023 $34,072.94  *The February 2024 local tax dllocation to be refunded to the City represents a 3  percent increase ouer February2023.  Sales TaxAllocations for  2024 $62,184.88 Percent ofBudget: 34.8%  2024 Budget $187,500.00  2024  February Historical Allocations  $40,000.00 $35,000.00 $30,000.00 $25,000.00 $20,000.00 $15,000.00 $10,000.00 $5,000.00 $0.00  2017  2018  2019  2020  2021  2022  2023  2024  ull  2017  2018  2019  2020  2021  2022  2023  2024  $16,690.89 $17,275.23 $17,606.04 $33,182.50 $24,140.70 $33,020.44 $34,072.94 $34,988.16  2023. Allocation Averages Total: $429,653.04  2022. Allocation Averages Total: $368,684.46  Mean Allocation:  $36,058.21  Mean Allocation:  $30,723.25  Median Allocation: $34,047.20  Median Allocation: $30,667.00  9    Sales Tax Allocation Comparisons e 2018-Present  Monthly Allocations  $60,000.00 $50,000.00 $40,000.00 $30,000.00 $20,000.00 $10,000.00 $0.00  JAN 2018  FEB MAR APR MAY JUN  JUL AUG 2022  SEP 2023  OCT NOV DEC  2019  2020  2021  2024  2018  2019  2020  2021  2022  2023  2024  $14,761.20 $14,117.47 $15,778.29 $18,928.35 $22,126.23 $46,562.81 $27,196.72 $17,275.23 $17,606.04 $33,182.50 $24,140.70 $33,020.44 $34,072.94 $34,988.16 $12,026.16 $13,636.74 $31,948.74 $21,513.00 $27,930.55 $34,180.65 $13,526.17 $12,963.13 $17,583.53 $15,129.69 $23,978.82 $29,043.14 $26,041.03 $17,786.59 $19,195.72 $33,329.23 $34,696.57 $29,805.47 $11,908.91 $16,508.00 $17,799.54 $25,763.76 $31,000.78 $32,571.56 $15,950.30 $17,148.30 $17,083.02 $23,745.05 $27,270.08 $31,809.72 $17,463.61 $18,915.47 $26,383.05 $26,191.16 $37,963.37 $34,047.20 $19,579.07 $16,900.64 $13,420.04 $31,600.59 $34,070.19 $43,686.66 $18,972.94 $16,925.51 $16,791.77 $24,374.24 $30,334.73 $50,953.72 $17,767.66 $25,106.05 $20,270.60 $35,378.02 $27,118.02 $29,906.41 $17,220.31 $17,859.58 $23,445.13 $18,556.55 $39,174.68 $33,012.76  10    CoseNrage bhoyrile Vya  Minutes  City Council- - Regular City Council Meeting  CITY OF SIMONTON March 19, 2024  This is a true and correct copy oft the Minutes ofthe City Council - Regular Meeting ofthe  Simonton City Council held on March 19, 2024 at 6:32 p.m.  1. Call to Order Matula City Staff present:  A quorum was present with the following City Councilmembers in attendance: Laurie Boudreaux, Courtney Cox, Burns Turner, Faith Haley, Justin Boudreau, and Kelli  Interim City Secretary Janie Willman Olson and Olson Attorney Philip Boedeker  Public Present: Dan McJunkin 2. Invocation and Pledge  Council Member Faith Haley gave thei invocation. Mayor Boudreaux led the assembly int thel Pledge of Allegiance.  3. Public Comments  Inc accordance with Texas Open. Meetings Act and Texas Government Code 551.007, City Council may not discuss or take action on any item NOT listed on the. Agenda. Each member of the public  wishing to speak must. sign-up prior to the meeting and is limited to. 3 minutes.  There were no speakers to address the City Council. Consider: and take action on the Consent Agenda  Items listed under the Consent Agenda are considered. routine and are generally enacted in one motion. The exception to this rule occurs when a Council Member requests one or more items  removed from the Consent Agendaj for separate discussion and action.  a. Financial Reports  Council Report February 2024 - Revised Payment Report February 2024-1 Revised  Mayor Boudreaux explained that the Monthly Financial Reports would be re-visited at the next City Council Meeting. For that reason, these Financial Reports are being pulled from consideration on  this Consent Agenda.  b.D Draft City Council Meeting Minutes of Regular Meeting, February 20, 2024  Motion by Council Member/N Mayor Pro Tem Cox to approve the Draft Meeting Minutes on the Consent Agenda as presented. Council Member Boudreau seconded the motion.  Ayes: Five    Noes: None Motion Passed.  Present and: not voting except in the event ofat tie: Mayor Boudreaux,  5. New Business  a. Consider and take action on. Resolution No. 2024-05, a Resolution oft the City Council of the City of Simonton, Texas, Suspending The April 10, 2024 Effective Date Of Centerpoint! Energy Houston Electric, LLC's. Requested Rate Change Tol Permit' The City Time To Study The Request And Tol Establish Reasonable Rates; Approving Continued Cooperation With The Gulf Coast Coalition OfCities; Hiring Lloyd Gosselink Attorneys And Consulting Services To Negotiate With The Company And Direct Any Necessary Litigation And Appeals; Requiring Reimbursement Of Cities' Rate Case Expenses; Finding That' Thel Meeting At Which' This Resolution Is Passed Is Open To Thel Public. As Required By Law; Requiring Notice Of This Resolution To The Company And Legal Motion by Council Member Turner to adopt thel Resolution Suspending The. April 10, 2024 Effective Date OfCenterpoint: Energy Houston Electric, LLC's Requested Rate Change Tol Permit' The City Time To Study The Request And' Tol Establish Reasonable Rates; Approving Continued Cooperation With The Gulf Coast Coalition OfCities; Hiring Lloyd Gosselink Attorneys. And Consulting Services To Negotiate With The Company And Direct Any Necessary Litigation And. Appeals; Requiring Reimbursement OfCities' Rate Case Expenses; Finding' That Thel Meeting At Which This Resolution Is Passed Is Open To The Public. As Required By Law; Requiring Notice OfThis Resolution To The Company And Legal Counsel For The GulfCoast Coalition OfCities. Council Member. /Mayor Pro Tem Cox seconded the motion.  Counsel For' The Gulf Coast Coalition OfCities  Ayes: Five  Noes: None Motion Passed.  Present and not voting except in the event ofa ai tie: Mayor Boudreaux. b. Discussion and consideration of funding options to award the bid for the ARPA  Expansion Project.  Mayor Boudreaux explained the process used regarding the opening ofthel Bid Documents. LJA Engineering Shana O'Hara and City Engineer Craig Kalkomey explained the Bids received, the difference between the City's funding budgeted for this project and the amount oft the lowest Bid: received. They presented an overview related to the Bid Award. Mr. Kalkomey explained the differences and limitations The City Attorney answered questions about the differences for the use ofi funding The City Council took action on Option 1-A Award Full Contract to Low Bidder, Motion by Council Member Turner to. Award the Full Contract to thel Low Bidder, Boettcher Hlavinka Company, LLC, with the contract price being $295,575.72 using available Grant Funds int the amount of$158,500.59 with the remaining amount to be funded by the City. Council Member Matula made the second.  for the options.  between EDC. A and EDC: B projects.    Ayes: Four  Noes: One (Council Member/ /Mayor) Pro' Tem Cox)  Present and not voting except in the event ofat tie: Mayor Boudreaux. Regarding the funding oft the City'sremaining portion to award the Bid Option selected, Mayor Boudreaux presented a document reflecting the City's current bank Motion by Council Member / Mayor Pro Tem Cox to table this item until the next agenda when a formal presentation related to the City's financial accounts could be presented to the Council. The motion died for lack ofa second. Motion by Council Member Matula to take the money out ofthel EDC. A account. Motion by Council Member Boudreau to take the remaining funding from the EDC A account and the TexPool Account with the cost split evenly between EDCA account and the City's TexPool Account. Council Member Turner made the second.  accounts.  The motion died for lack ofas second.  Ayes: Five  Noes: None Motion Passed.  Present and not voting except int the event ofat tie: Mayor Boudreaux  C. Discussion and consideration of approving al budget amendment to the City's 2023-2024 Adopted Budget to authorize the use of funds in the City's Reserve Fund to cover the  balance required to Award the bid fort the ARPA Expansion Project.  No action was taken on this agenda item.  d. Consider And Take Action On An Ordinance Of The City Council Of The City Of Simonton, Texas; Amending The Adopted Budget For Fiscal Year 2023-2024; To Authorize Thel Use OfFunds! In' The City's Reserve Fund ToCover The Balance Required To. Award The Bid For The ARPA Expansion Project; Providing For Severability; And, Repealing All Other Ordinances Or Parts Of Ordinances Inconsistent Or In Conflict Mayor Boudreaux explained that the City Attorney's Office would bring an ordinance as would be: required to complete the funding oft the. ARPA Expansion Project. City Attorney Boedeker: reiterated that his office would provide an ordinance at the next City Council Meeting now that the direction the City Council wants to go in is known e. Consider and take action on a Request for a Variance by Mr. Larry Pennington to Authorize the Construction oft the Wooden Base Supporting an emergency generator at 4041 Pony Lane, Simonton, Texas under the authority of Ordinance No. 2014-03, art. 4.,  Herewith.  regarding funding.  sec. D, as adopted on March 18, 2014.    Mayor Boudreaux informed the City Council that Mr. Pennington had withdrawn his request regarding this matter. Therefore, there is no action to bet taken on this agenda  matter.  Adjourn to. Executive Session  Executive Session Pursuant to Chapter 551 oft the Texas Government Code: for purposes of Consultation withI Legal Counsel (551.071) regarding Personnel (Section 551.074) regarding the Appointment, Employment, and Duties oft the City Administrator and City Secretary.  The City Council adjourned into Executive Session at 7:25 p.m. The City Council reconvened into Open Session at 7:49 p.m. 8. Consider and take action resulting from Executive Session  7. Reconvene to Open Session  The City Council may take any action resulting from Executive Session related tol Personnel (Section 551.074) regarding the Appointment, Employment, and Duties oft the City Administrator It was announced that there was no action to be taken arising from thel Executive Session at this  and City Secretary. time. 9. Reports a.Mayor  a.0. Audit Report) for 2021-2022. Mayor Boudreaux announced that due to Tax Season commitments, the next Audit Report may not be delivered until thel May 21 City Council Meeting. a.1.. Historical Documents Received. Mr. Berkman'sson brought by the City's Incorporation Documents discovered in al box as the family reviewed his legacy items following the former a.2. CPAC4Meeting Update. The Mayor announced the Ardurra Team updated the progress towards completing al Final Draft Plan for Review for adoption following the next set of steps required to give public notice and conduct al Public Hearing following the February 29 CPAC a.3.. MITMOD Update & Pinchback. Project Update. The Mayor announced that she met with representatives oft the Texas General Land Office recently regarding the progress towards funding. a.4. Community. Buyout - Update. Thel Mayor announced that the City of Simonton had two a.5. Railroad Commission Hearing. The Mayor announced that the City had received Notice ofThe Railroad Commission conducting a Public Hearing related to a request for Gas utility increases on a.6. CenterPoint Energy Annual Franchise Payment Calculation. The Mayor referenced notice from CenterPoint Energy regarding the anticipated Annual Franchise Payment a.7. Cityo of Richmond Council. Dinner. Mayor Boudreaux announced that Councill Member Faith  Mayor's death inj December 2023.  Meeting.  remaining applicants who did not qualify for funding.  February 27 in Austin.  Calculation as being $38,938.71 a.8. Miscellaneous b. City Staf  Haley was attending to represent the City of Simonton.  c.City Council. Council Member Haley asked that news be placed on the City's social media accounts regarding the installation oft the Boy Scout of America Flag Retirement Box.    10. Next City Council Meeting is on April 16.  11. Adjournment  The Mayor adjourned the City Council Meeting at 8:01 p.m. without objection.  Respectfully submitted,  Mayor  Interim City Secretary    Mig.  Brye Gareh BS  From: To: Cc: Subject: Date:  Simonton Mayor Sherril Triplett City Secretary RE: Contract Extension City of Simonton Tuesday, April 2, 2024 4:45:15 PM  Attachments: Garner Disaster Division- Contract GS- -07F-0403X Amendment 2024.pdf  Good Afternoon Ms. Triplett,  Yes, we are pleased to exercise thei first year option to extend the contract between Garner Doy you happen to have the original agreement accessible? We are in transition ini the office and Iwill need to locatei it to share with new Council. Ifiti is handy and you would be willing to  and the City. Please see signed copy attached.  email a copy, it would be greatlya appreciated.  Thanky you,  Laurie Boudreaux Laurie Boudreaux Mayor City of Simonton Maareaimontonesassos 281-533-9809  Please Note: To avoid violating the Texas Open Meeting Act, public officials should not  "Reply to ALL" to this or similar correspondence.  From: Sherri Triplett smpetepameres.om, Sent: Monday, April 1,20249:49AM To: Simonton Mayor maesmononeasson Cc: Julie Watts aceesmononeasgoe Subject: Re: Contract Extension City of Simonton  Iam following up on my March 20, 2024, inquiry about the City'sagreement to sign an Addendum to the Agreement and Amendmentil to exercise the first-year option to extend the contract between the City of Simonton and Garner Environmental Services, Please review and let me know ifthis suits the City of Simonton. Ifso, please sign and  Inc. from March 31, 202.4, through March 31, 2025.  return; otherwise, do not hesitate to contact me with any questions.    Sherri Triplett Contracts Administrator  952 Echo Lane I Suite 400 Houston, TX77024 0:281.930.1200 IC: 713.823.4795 I E: tapettenarneres.om 24/7Emergencyl Response: 800.4.GARNER  2  From: Sherri Triplett ampetepamnerescom Sent: Wednesday, March 20,20246:11PM To: magresmononteasey magteamanonteascor Cc: nanceeamontonteasgos tnncesimontonteascoe Subject: Contract Extension City of Simonton  Good evening Mayor,  Attached is a proposed Addendum to the Agreement and. Amendmenti to exercise the first-year option to extend the contract between the City of Simonton and Garner Environmental Services, Inc. from March 31, 2024, through March 31, 2025. Please review and let me know ift this is acceptable to the City of Simonton. If satisfactory, please sign and return it; otherwise, do not hesitate to contact me with any  questions.  Sherri Triplett Contracts Administrator  952 Echol Lane I Suite 400 I Houston, TX77024 0:2 281.930.1200 I C:713.823.4795 I E: tapetteparnerescom 24/7 Emergency Response: 800.4.GARNER    FIRST ADDENDUM  This First Addendum to the Emergency Disaster Response Agreement in compliance with General Services Administration (GSA) Federal Supply Schedule 84, Emergency/Disaster Response, Contract Number GS-07F-0403X, the Robert T. Stafford Act 08/2016 Amended is entered into effective March 31, 2024, by and between CITY OF SIMONTON ("Company") and  GARNER ENVIRONMENTAL SERVICES, INC. ("Contractor"). contracts require an annual review of contractual terms and: rate schedules.  Inc order to be compliant with Code ofl Federal Regulations (CFR) $200, competitively bid The initial term oft the Emergency Disaster Response Agreement ("Agreemen!") between Company and Contractor commenced on March 19, 2019, and was effective through March 31, 2021, with an. Amendment 1 extending the Agreement for three (3) additional years, which: may be renewed and extended for an additional (1) one-year term, up to two times, after review and agreement by each Party stating they wish to extend the Agreement for the additional one-year term. Thereafter, the Agreement may ber renewed on: ar month-to-month basis for upt to six months. To ensure Company will be reimbursed by FEMA after services have been provided by Contractor under the Agreement, this First Addendum to the Emergency Disaster Response Agreement and. Amendment 1 referenced above confirms that the Parties agree as follows:  The Agreement and Amendment 1 are hereby extended for the one-year term beginning The Parties are in compliance with all relevant portions of CFR$200 regarding annual The remaining terms and conditions of the. Agreement are hereby ratified and confirmed INWITNESS whereof, this First Addendum shall be effective March31,2024.  March 31, 2024 and ending March 31, 2025. review of contractual terms and rate schedules. and remain in full force and effect,  CITY OFS SIMONTON  GARNER ENVIRONMENTALSERVICES,  INC,  By: luri bouduuy By: fyt Printed: Lourie Boulguuy Printed: John Temperilli  Title: Maypk  Title: President  ADDRESS FOR GIVINGI NOTICES: Attn: P.D.Box7 Simmnton Texas 77476  ADDRESS FOR GIVING NOTICES: John Temperilli, President Garner, Disaster Division 952 Echo Ln, Suite 400 Houston TX' 77024-2820    - Garner  EMERGENCY DISASTER RESPONSE AGREEMENT This EMERGENCY DISASTER RESPONSE AGREEMENT (the Agreement") is entered intot this 9TH day of March, 2019, by and between Garner Environmental Services, Inc., a' Texas corporation, whose principal office andi mailing address is 1717W.13th Street, Deer Park, Texas 77536 (hereinafter "CONTRACTOR"): and City of Simonton, with aj place ofbusiness located at 35011 FM 1092, Simonton, Texas 77476 (hereinafter "Agency") al Texas home-rule municipal corporation or political subdivision lAerimafer-AGENCY along with AGENCY's Description of Locations and Affiliates authorized to request CONTRACTOR's services under this Agreement, effective for all purposes upon execution by the Authorized  Representative ofthe AGENCY.  WHEREAS CONTRACTOR has proposed to provide EMERGENCY DISASTER RESPONSE SERVICES AND LOGISTICAL RESPONSE SERVICES in compliance with General Services Administration (GSA) Federal Supply Schedule 84, Emergency/Disaster Response, Contract Number GS-07F-0403X, the Robert' T. Stafford Act 08/2016. Amended and the terms and conditions of this Agreement, including the insurance requirements  incorporated by reference and attached hereto as Exhibit A; and  WHEREAS AGENCY has determined CONTRACTOR to be a GSA Contractor. NOW,THEREFORE, CONTRACTOR and AGENCY enter and agree as follows: 1. Services. CONTRACTOR will provide EMERGENCY DISASTER RESPONSE SERVICES AND LOGISTICAL RESPONSE SERVICES in compliance with GSA Contract Number GS-07F-0403X and thet terms and conditions ofthis Agreement; ;and 1.1. CONTRACTOR operates a (24) hour-per-day, (7) seven-days-per-weck emergency response service telephone line at 1.800.424.1716. The. AGENCY may call 281.930.1200 toobtain specific or local branch office numbers for the CONTRACTOR. The AGENCY's representative making the call shall furnish to CONTRACTOR the name and title of the caller, the location oft the site needing emergency: response services (hereinafter referred to as the "Site" and/or "Worksite") relevant facts relating to- the situation in order that CONTRACTOR may use due diligence toi mobilize thei necessary personnel and equipment 1.2. The Parties recognize that, at the commencement of the Work in accordance with this Agreement, the scope oft the Work may not be well defined. The Parties agree that, at the commencement ofthe Work and at frequent intervals, their respective representatives shall consult with each other to review and define the scope of the Work to be performed and a. The Parties hereby acknowledge that, on occasion, AGENCY personnel may authorize Services and/or Work to be performed by CONTRACTOR based on a verbal order, which may or may not be confirmed with a written purchase order, service order or work authorization. The Parties hereby agree that on those  subject to the conditions of availability and necessity.  outline strategies and approaches to such Work. Regarding the Work:  Page 1of27    occasions it is the Parties' intent that CONTRACTOR respond based upon such verbal order and that the AGENCY be bound by the terms and conditions of this Agreement, which shall apply in all respects to the services or Work performed by b. To. the extent practicable, AGENCY shall promptly issue to CONTRACTOR a purchase order describing the scope ofthe Work performed or to bej performed and the names ofthe desgutedrepresematives for AGENCY and CONTRACTOR. In the event of a conflict between the terms of such purchase order, service order or work authorization, and the terms of this Agreement, the terms of this Agreement  CONTRACTOR; and  shall prevail.  1.3 CONTRACTOR shall provide personnel, labor, materials, tools, equipment, and personal protective equipment (hereinafter "PPE"), ands subcontracted: items where necessary: and/or as requested for the performance and completion of the Work. CONTRACTOR shall proceed under the circumstances then existing subject to conditions of availability and 1.4 CONTRACTOR shall take neçessary precautions for safety of its employees and shall comply with all applicable provisions of federal, state, and local safety and héalth laws, rules, and regulations and further shall erect and properly maintain, as required by the conditions and progress of the Work, necessary safeguards for the protection of its 1.5 AGENCY shall furnish to CONTRACTOR information on the Worksite concerning physical characteristics, soil reports, subsurface investigations, utility and easement locations, and others similar reports or documents (the "Worksite. Pans)ruasonahlynedal by CONTRACTOR toj perform the Work. Additionally, AGENCY represents that it has superior knowledge of the Worksite and acknowledges that CONTRACTOR does not accept responsibility for any losses, damages, and/or injuries, resulting from an error, inconsistency, or omission int the Worksite. Plans. Wherei necessary, AGENCY shall furnish information on any body of water or shoreline affected, including charts and maps. 1.6 Whether or not AGENCY owns or operates the Worksite, AGENCY shall, prior to commencement of the Work, arrange for, provide for and ensure lawful access to and egress from the Worksite by CONTRACTOR, its employees and subcontractors and their 1.7 AGENCY shall furnish to CONTRACTOR current copies of Safety Data Sheets (SDSs) for all hazardous andornon-hazardous materials that are at the Worksite.  necessity.  employees.  vehicles and equipment.  2. Pricing for Services. Agency agrees toj pay CONTRACTOR in compliance with the pricing established in GSA Contract Number GS-07F-0403X, incorporated herein by reference and attached hereto as. Exhibit B. The CONTRACTOR may adjust pricing pursuant to the GSA Contract Number GS-07F-0403X as approved andj published online at GSA Advantage, which adjusted pricing is deemed incorporated herein as Exhibit B when published. CONTRACTOR's: invoiced charges are due and payable by AGENCY to CONTRACTOR when  CONTRACTOR's: invoice(s) is received by AGENCY.  Page 2 of30    2.1 Itis expressly acknowledged and agreed upon by and between the Parties that the rates, terms and conditions set forth within CONTRACTORS applicable response rate schedule, in their current: form at the time Work is actually performed, arei incorporated herein fora all purposes as if fully copied at length, are part and parcel of this Agreement. CONTRACTOR reserves the right to increase its rates in the applicable response rate schedules during the term of this Agreement, and it is the: responsibility oft the AGENCY too obtain a current copy of the applicable response rate schedule prior to the 3. Open Market Items / Services. Open Market Items / Services are defined as Items or Services that are not included in the GSA Contract Number GS-07F-0403X Rate Schedule. AGENCY and CONTRACTOR agree that these Open Market Items / Services willl be provided to the AGENCY on an as requested, as available basis at the list price provided to AGENCY by CONTRACTOR plus assessment ofa 15%. Administrative Handling Fee. Invoices reflecting Open Market Items Services willi include as backup GESI's Vendor invoice reflecting the list price. Only Open Market Items / Services that fall under the Federal Travel Regulations such as Airfare, Per Diem and Rental Cars will not be subject to the Administrative Handling Fee. CONTRACTOR'S invoiced charges for Open Market Items/S Services are due and payable by AGENCY to CONTRACTOR when CONTRACTOR's invoice(s) for same is received by 3.1 AGENCY agrees toj pay all amounts due under this Agreement immediately upon receipt (orr net 30) of CONTRACTOR 'S invoice(s), in United States Dollars (US$). AGENCY agrees that AGENCY shall pay to CONTRACTOR interest on past due amounts, from thej past due date until paid, at thel lessor of18% per annum or the highest contractual: rate allowed by law, AGENCY and CONTRACTOR acknowledging herein that AGENCY shall not pay interest in excess of that allowed by law. AGENCY agrees to pay all attorneys' fees and costs ifAGENCY's account is referred to any attorney for collection. AGENCY assumes full responsibility of timely payment to CONTRACTOR regardless ofwhether AGENCY contends or may contend that any third-party person or entity is responsible orl liable, in whole ori inj part, including but not limited to anyi insurance carrier OfAGENCY. AGENCY agrees to immediately: notify CONTRACTOR of any changes 3.2 Notwithstanding the foregoing, at. AGENCY's request CONTRACTOR may provide a budget, or estimated bid, for scheduled work. AGENCY acknowledges that estimated bids are subject to change in connection with scope. In this connection, AGENCY agrees topay CONTRACTOR, in accordance with paragraph: 13.1. above, an: amount not less than the total of: the initial budgetary estimated amount; and the amount ofany change orders issued by CONTRACTOR, including those reflecting amounts exceeding the initial 4. Term. This Agreement commences on the date signed by Agency's 5, Month-to-Month Extension. If the AGENCY has not awarded a new DISASTER RESPONSE SERVICES contract upon the expiration of this Agreement, CONTRACTOR may continue toj provide services under this Agreement, at its then-current fee schedule under the term of this Agreement, on a month-to-month basis for up to six  commencement ofa any Work subject to this Agreement.  AGENCY.  toA AGENCY'sname; address(es) and phone number(s).  budgetary estimate and/or estimated bid.  authorized signatory and shall continue through March 31,2021.  Page 3 of30    months. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice oft the effective date ofthei new contract  to CONTRACTOR.  6. Termination. Either party may terminate this agreement, with or without cause, 7. Contract Administrator. The Contract Administrator designated by the AGENCY is responsible for approval of all phases of performance and operations under this Agreement. All OfCONTRACTOR'S notices or communications regarding this Agreement will be directed to the Contract Administrator, who is the Authorized Representative of the  upon thirty (30) days' written notice of cancellation to the other party.  AGENCY.  8. Independent Contractor. CONTRACTOR will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee OfCONTRACTOR  be considered an employee ofthe. AGENCY.  9. Insurance. Before activities can begin under this Agreement, CONTRACTOR will provide to AGENCY's Contract Administrator a Certificate of Insurance, as proof oft the required insurançe coverages. Additionally, CONTRACTOR will provide to AGENCY's Contract Administrator written notice ofoccurrence, ifany, cancellation, material change int the coverages, or intent not to renew any of the policies in accordance with policy provisions. CONTRACTOR agrees to provide Additional Insured status to. AGENCY (except on worker's compensation policy) with waiver ofs subrogation and primary status. Additional insured status, waiver of subrogation and primary status shall be afforded to the extent of CONTRACTOR's covered obligations assumed hereunder in connection with CONTRACTOR'S operations. (See  Exhibit A)  10. Indemnification. CONTRACTOR shall indemnify, hold harmless and defend AGENCY,itso officers, directors, employees, agents and representatives: from and againstany and all damages, losses, claims, demands, causes of action, judgments, judgment liens, penalties, and expenses of every kind and character (including attorneys fees, investigation expenses, expert witness fees, judgments, court costs and settlement costs), and other liabilities to the extent of any sole negligent act or willful misconduct of CONTRACTOR or its subcontractors pursuant to the Work. CONTRACTOR shall defend claims asserted against the. AGENCYI hereunder: and shall bear all costs and judgments related thereto ati its sole expense. AGENCY shall have the right, at its option, to participate in the defense of each such claim without relieving CONTRACTOR ofany obligations nereunder. 10.1. REGARDLESS OF CAUSE, AGENCY SHALL INDEMNIFY,HOLD) HARMLESS AND DEFEND CONTRACTOR, ITS OFFICERS, DIRECTORS, EMPLOYEE, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY ASSERTED CLAIM OF TRESPASS THAT ARISES DIRECTLY OR INDIRECTLY AS A RESULT OF THE SERVICES PROVIDED FOR AGENCY BY CONTRACTOR. NOTWITESTANDING ANYTHING TO THE CONTRARY STATED HEREIN, INCLUDING THE INDEMNITY PROVIDED INSECTION 10 OF THIS AGREEMENI,THE, FOREGOINGINDEMNIYSHALLAPTLYWHETHIROR  Page 4 of30    NOT SUCH CLAIMS, DAMAGES, LOSSES, AND/OR EXPENSES ARE FOUNDED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR CONTRACTOR'S OWNERS, AFFILIATED ENTITIES, REPRESENTATIVES, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS. AGENCY GUARANTEES CONTRACTOR LAWFUL INGRESS TO 10.2. AGENCY shall indemnify, hold harmless and defend CONTRACTOR, its officers, directors, employees, agents and representatives from and against any and all damages, losses, claims, demands, causes of action, judgments, judgment liens, penalties, and expenses of every kind and character (including attorneys' fees, investigation expenses, expert witness fees, judgments, court costs and settlement costs), and other liabilities to the extent of any sole negligent act or willful misconduct OfAGENCY in connection with ori in any way related to the Work. 10.3. AGENCY shall further indemnify, hold harmless and defend CONTRACTOR, its officers; directors, employees, agents and representatives from and against any and all damages, losses, claims, demands, causes of action, liens, third-party claims, judgments, penalties, and expenses or liabilities of every kind and character, whether sounding in contract, tort or otherwise (including attorneys' fees, investigation expenses, expert witness fees, judgments, court costs and settlement costs) arising out  AND EGRESS FROMTHE WORKSITE.  of or in any way related to the following:  Any breach by AGENCY oft this Agreement;  Any act, omission or willful misconduct of AGENCYi in connection with AGENCY's ownership of or activities on the Worksite or the presence of AGENCY employees and/or equipment at the Worksite or AGENCY's participation in the services or Work performed by Pre-existing Worksite conditions or the generation of any waste, pollutant, contaminant, or other substance (whether classified as Any error, inconsistency, or omission in the Worksite Plans; The discharge, disposal, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or watercourse or body of water that is/are the subject Any violation by the AGENCY of the Resource Conservation and Recovery Act, as amended, any liability under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), as amended and similar statel laws, the' Toxic Substances Control Act, as amended, and other environmental laws, rules and regulations relating to the existence, generation and/or current or future ownership of hazardous and/or non-hazardous substances and wastes or arranging for the disposal of such materials which are the  CONTRACTOR pursuant to this Agreement; hazardous or not) at the Worksite;  matter of the Work; The. AGENCY's strict liability; OR  Page 5 of 30    subject matter of the services or Work by CONTRACTOR for  AGENCY.  THE FOREGOING INDEMNITY IN SECTION 10.3 SHALL APPLY WHETHER OR NOT SUCH CLAIMS, DAMAGES, LOSSES, AND/OR EXPENSES ARE FOUNDED, IN PART, BY ANY NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR CONTRACTORS OWNERS, AFFILIATED ENTITIES, REPRESENTATIVES, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS. PROVIDED, HOWEVER, THAT CONTRACTOR SHALL NOT BE ENTITLED UNDER THIS PARAGRAPH TO RECEIVE INDEMNIRICATION FOR THAT PORTION OF ANY CLAIMS, DAMAGES, LOSSES, AND/OR EXPENSES THAT ARE PROXIMATELY CAUSED BY ITS OWN GROSS NEGLIGENCE OR  WILLFUL MISCONDUCT.  AGENCY shall defend claims asserted against CONTRACTOR pursuant to the indemnity provisions contained in Sections 10.1, 10.2 and 10.3 oft this Agreement, and shall bear all attorneys' fees, costs and judgments related thereto at its sole expense. CONTRACTOR shall have thej right, ati its option, toj participatei in the defense ofe each such claim without relieving AGENCY of any obligations hereunder.  10.4. THE PARTIES' INDEMNITY OBLIGATIONS SHALL SURVIVE THE  TERMINATION OF THIS AGREEMENT.  11. Force Majeure. Ifd due to Force Majeure either Party hereto is rendered unable, in whole or in part, to carry out its obligations under this Agreement, save and except for AGENCY's obligation to make timely payments for services or Work performed, upon such Party giving written notice including full particulars of such Force Majeure to the other Party immediately after the occurrence of the cause relied on, then the obligation oft that party giving such notice, sO far as it is affected by such Force Majeure, shall be suspended during the continuance of any: inability sO caused, but for no longer period and such cause shall, as far as possible, be remedied with all reasonable dispatch. The term "Force Majeure" as employed herein, shall mean acts ofGod, strikes, lockouts, or otherindustrial disturbances, acts ofthej public enemies, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, arrests and restraints of rulers and people, civil disturbances, explosions, inability with reasonable diligence to obtain materials and any other causes not within the reasonable control ofthel Party claiming a suspension which by the exercise ofdue diligence such Party shall not havel been able to avoid or overcome. Ini no event, however, shall the foregoing limit the rights of the AGENCY or CONTRACTOR to terminate this  Agreement or the Work as otherwise providedherein.  12. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out ofthis Agreement is the law of the State of Texas with venue for any dispute fixed in Harris  County, Texas.  Page 6 of30    13. Subcontractors. CONTRACTOR may use subcontractors in connection with the work performed under this Agreement. All requirements set forth as part ofthis Agreement are applicable to all subcontractors and their employees to the same extent as if the  CONTRACTOR and its employees had performed the services.  14. Taxes. CONTRACTOR will pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes customarily paid by employers for its  direct employees.  15. Drug Policy. CONTRACTOR must adopt a Drug Free Workplace and drug 16. Violence Policy. CONTRACTOR must adopt a policy against Violence in the 17. Notice. Notice may be given by fax, electronic mail, hand-delivery or certified mail, postage prepaid, and is deemed received on the day faxed, sent by electronic mail or hand- delivered or on the third day after deposit in the U.S. Mail, ifs sent certified mail. Notice shall  testing policy that substantially conforms to AGENCY'spolicy. Workplace that substantially conforms to AGENCY'spoliy.  be sent asi follows:  IFTO THE. AGENCY: CityofSimonton Attn: Jennifer Ward POBox 7 Simonton TX77476 281-533-9809  [AGENCY] [Address] [City, State, Zip] [Phone] [Fax]  warl@simononcso. [E-mail] IFTOC CONTRACTOR: Contractor Name: Contact Person: Address: City, State, Zip: Phone: Fax: Email:  Garner Environmental Services, Inc. John Temperilli or Lawrence Crowe 1717 W.13tSt. Deer Park, TX77536 (281)930-1200 (281)478-0296  temperili@gamersscom: crowe@gamet-es.com  18. Amendments. This Agreement may be amended only by written agreement 19. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this  signed by the duly authorized representatives ofboth/all parties hereto.  Page 7 of30    Agreement shall be construed and enforced in all respects as if the invalid or unenforceable IN WITNESS WHEREOE, the parties hereto have executed this Agreement on the date shown below and in acknowledgement. ofthe effective date referenced: above.  provision or part thereof had been omitted.  ACCEPTED: INC. By:  ACCEPTED: By;  GARNER: EVIRONMENTALSERVICES, AGENCY apk JohnTemperilli (Typed/Printed Name) Title: Vice-President #819 Date:  Wid  Typed/Printed Name) Title: Euy Adinuhxto  5  Date: 3-1414  Page 8 of30    EXHIBIT A  ACORD  CERTIFICATE OF LIABILITY, INSURANCE  DATE peircomy 3/1/2019  THIS CERTIFICATE IS ISSUED AS AI 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 IMPORTANT ines cartncate holder is an ADDITIONALI INSURED, the pollcyes) must naye ADDTIONAL INSURED proviaiona or bes andorsed. HSUBROGATION! IS) WAIVED. aubject tot thet tame and coriditions or thes policy, certain poliçlas may requtre ane endorsement A Btatement on  REPRESENTATIVE ORF PRODUCER, ANDI TMECHKIRCATEMOADEK thisc certincate does noto confer nghta tot the certincats holder nl lieus of such endorsemente).  PRODUCER Higginbotham Insurance Agency, Inc 11700Katy Freeway Suite 100, Houston) TX7 77079 Gamer Environmental Services, inc 1717W. 13ths Street" Deeri ParkTX77538 COVERAGES EXCLUSIONGA ANDO  Centcates oEA:7 713-952-9990 sa Haust@hgronans IRSURERSSA APORONGC COVERACE NSURERA: Zurch/ American! Insuranoe Company IMBURIRE Aspen Spedatty insco IMSURERCE IMEURERD: ISURERES INSURERFS  713-952-9939. MN67 NAICE 16535 10717  CERTIFICATE NUMBER-616034425 OFS BUCHPOUCIEB LMTE JHOWN MAY HAVEE BEEN REDUCED  REVISION NUMBER:  THIS 33T TO CERTIFY THATT THEF POUCES OF INSURANCET LISTEDE BELOW HAVE BEEN IBSUEO TO1 THE INSURED NAMEDA ABOVE FORT THEF POLICY PERIOD INDICATED. NOTWITHETAMDING/ ANY REQUIREMENT TERM OR CONDMMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESFECT TO MEICH THIS CERTIFICATEI MAY BE ISBUED ORJ MAY PERTAN, THE INSURANCE AFFORDED BY THE! POLICES DEACRIBED HEREIN 13 BUBJECT TO ALL THE TERME,  POUEYNUNBER ERASYS018  KTE  4212018 $52019  LMTS $1,000,00 $50000 $5p00 1000,000 E1pa,000  OCCUR LMIT APPLESPER rcucy 8 oc OHERE AUTOWOBILE YAUTO  PEMSONAL LADVINJUNY s1pon,poo GENERAL AODREGATE $2000,000 ROCUCIS- COMPCP ADG 2000, NUURY ADCRECAYE EL  552018 5s0t9 4242018 550019 5s20ia 556019 552018 ssnt9  OOEUR CLAMSMADE  EXA29258 WCES4383100  K 1,00E,000  EL BEASE- EAEMPLOYEE 1000,000 EL DIBEASE POUCYI LNT $1.00,000  AGORDN HL ametas Sckedils. y   CoverageContruet. GENERALI POLTONLPSUIYENL Pollution! Incklent a Hostie! Fre Bulding, Egupment 51,000,000 b. Producs Pollution si,000,000 See Altached CERTIFICATEI HOLDER  Pollcy numbers ERA9Y9018- Aspen Spedaty, Insurance Company Eectvet 04/21/20181 1005052019  CANCELLATION EHOULDANYOFI THEA ABOVE DEACRIBEDPGLKIEHI BECANCELLEDE BEFORE THE ACCORDANCE) MTATEPIGTPROAIONE Sdy  DATE THEREOF. NOTICE WILL BE DELVERED DI 0198B-2 2015A ACORD CORPORATION. All rights reaerved.  ToWhorMay Conoem  ACORD 25 (2016A03)  The ACORD name andi logo arer reglsteredi marka ofA ACORD  Page 9 of30    AGENC CLSTOMERID LoCs ED-NTD 17-FMientas Servces sng 1717 saset ReeR PaIxI7a EEMENT.  ACORD AGENE ggnbotian Imstratcegeney Inc RUGNNR ARAER ADDITTONALEHARKE TIs ADDMORAE REMARKS EORI SA ASCHEDULE TOA ACORDFORM, FORM! NUMBER: 25 FORM, LEN CERLIATEO GFAMALTVINEURANGE) Tasporaprt PoHbon 31.004,000: cotractone uons 1000000 Sie EeFlement 30A S1000,006 COSE $250.000 PEr Criss Eventandi nhet Aggegate *250,00. PPIYIEASCANINNN pnsites Ges-upCos St,o00poo: p 51,000,000 Sdel Boay sjury andPraperty Danages *Gnpor PADFESSICNAMARLEY Eachi Mongu Adt Spo0,p00 KCESS HABITYPDUCY, oE R1160112, CCSM AGREEMENT sllow dwed paiy everss rosionor this Polcy 1 AsPertanaA Aunablel ataily PoliyPittnayt votng parrornt CAp001 1013-BusnesE Atodoveragat com, section BushesE Genera Cundionss Dher neuran Forany ay ther pollecuoe oMder DF  ADDITIONAL REMARKS: SCHEDULE  MAEAEOR  uy enMipnmental onewises providedia  P s oky shas goven andcontral Nbhitindngany pter  an whea àcovered! auto  Capyort reusxDingpases uaber sconnededt panoner Veliole thec Civered  us o, 5 poverages  pmvides pinary suraride. Fora atyoovered autoyoudonto own. Demsurncer provdedbyis    our boverages surmbears ahe  AHGBIELMBIYPOUCFANDWARZERA COMPEMRLOVERSLABEITYPGENY: dorseme SMNPaIw ALALTEPAT. 3313, COMMERCILGENENALHABLIVEENVRCMMENTAE ENOAUREAEEOUeY  er MHOI  agreete n ver mini bodyuy damage eason aitea ssumptonar tay yy34 prdud made! nertkonary! yevendor hepupose pect demansth oritalner ens  thei suoutba yyou, nave abèedari relabeledorn used TheA ACORD pame and logos arer ragtitared marks AfA ACORD  bu ageement éxoept  sodly. personal a parts ayundertaae bo partor ngredientora anyo athériningor. 02008 ACORD CORPORATIQN, Alrigital rsaarved  except suchg aperations peromed  e insncabiths codnedk  or 2A lessor premise ACORD 101 (2008/011  eased qupment,on osgagee, assigeeden réceNerishitant nereda asi fepenst boayhuy. property  Page 10 of 30    AGENCY CUSTOMERD: Loc MAMEDINEURED Gamer Environmental Services, Inc 1717) W.: 13m Street Deerk Part TX7 7536 EPECTMEDNTE  ACORD AGENCY Higgnbotham Insurance) Agency, tnc. POLCYKUNGEN CARRIER ADDITIONALI REMARKS àssignee, orreceiver. ASR RESPECTS GENERALE VLCONDITIONS Other) Insurance 1.F Prmary Insurance any othera insurancek ssued! tos such person ord organization. 2E Expess Insurance TNsI insuranoel Is expess over insurance appkcablet tok lo66 ouat nazard, forv ahich your nave beena adced asa ana aditional Insured. when dhis neurancel 166 excess, wes ABt no duy rno oner neurert aduy over other one would pay or ne ne; insurance men, tne excesso a ne applcablel Lms Labyo Pollcy. ASRESPECTS! CENEMALLASUIYPALCT: VL CONDMTGNS o. Subrogation  ADDITIONAL REMARKS SCHEDULE  Page_2_of2  MAICCODE  THIS ADDITIONALI REMARKS FORM ISASCHEDULET TOA ACORDF FORM, FORMI NUMBER 25 FORM TTLE CERTIFICATE OF LABILITYI INSURANCE damage, envipnmental damage, emergency response Cosi, csis COStO or personal and acvertang! Irury a) Arsings Dut Dfa anys occurrence, oienseor ponutonin nddent hatt placei atert thes equpment! lease expiresor youceaset tobe lenantor (pjArisngs outp pfs struchral aterations, newc construction ord demoltion operations! pertormed byaronb PerFomA ASPERiDS 0313, COMMERCIAL GENEALLABLIYEENVRONMENTAET EXPOSURE/CAEEPOUCY rathers valdandis cofectiblel Insurancelsa avalables sranyk lOs6E subjedtb bo coverage undert thsR Polcy, oir coligators arell limteda asflows: Except 36 provided Inparagrp21 DEOA. INsinaransels prtmary, Mhens ths Insurancel s prtmary, durd obigatons are nota alectedunless anyo orthe cher insurance 53 aso pimary, ny ahich case wey AS shares wa a oner prmary! Inaurancet by! then metnod descrbed) np paragraph3 3. belaw. However, int thes eventt that an! Insured contract recuires this Insurances bbep prmaryr for person oro organzators wnom agreedh tob tnsure andp provided suchg peson ore argantzations 6 ann Insuredi under ths Polcy, thsk nsurarce MIb bep pamarya a AEV wiinots seek contrutont Re aAnyp pcher nsurance. hether prmary, expess, cortingent ors on2 anyomer basst thatis Fre, Exdended Coverage, Buiders RISK mstalator RIEK orsiar coverager ory youry wor Fre Insurance forp premises rented! toy youort temporartly oocupledby) youy wthp pennisstons ome owmer (u) insurance yout t covers your ay as enant for danaget oP premises renteds py ypuor emporary occupledt Dy) you Athy perissloriort thet parchasedby D./ Ary, other primary! Insurance availablet to! your coverng! Babstyfor damages arsing out a premfses, operations, or heproducts ando compietedo CAnyp proyect-specinc primary insurancez avalablet toy your covertng for damages alsingo outofy youry wart, forv wich) youare aninsured.  manager a lessor orp premises, or moxtgagee,  pr use of arrart autos ory atercratt EV VE bes pay ony neurance, any pther  oanerorp operations nourds under al thate aher  ne against anys any other nsurer nasa aduyt sodelendt bhet trsured agains! thats sult  rights agalns an nose omer insurers Wnent his any, that exoeedst the sum a the: (a)! tota amounts Eat al such desoibedn n! Nss VJ2. andi bougn specicanyt ho apply  PerFomA ASPERIDSI 0313, COAMCCKCBEVALUSLNAEAMONCIAKCRCIRZ (GLEEPOLCY  Irmhein insuredh has rghts sorcover: alor part pany paymenty wet have: made unders this Pollcy those nghts ares gansterred tous and the Insured Ehal notd do shabe allocale Bratto hes experses curedins such recovery prorated dance witne each! nterested panys thet totar recovery, ment tome Insureds tomes da any Deductible! actualyh has pald and any) payments tactualy: nas made ine excessio o téa apicabkel Lmss af LabRty, and last tpusto thee extent afour payment uzider this Pollcy However, Irthen Insurednas walved rights of recowery; against any personors organzationmnav witincontractor agreement prior ba 065, wea aso wave: such rghto of recovery" wer may nave undert thsP Polcy agalnsts suchp persont or orgahzaton. Walvers 6 subrogationl Infavord of Certtcatel hoider 35 required! by witiend contract, Outer Conthenta Shelves, USLEHL Martmea andA Atamate Emplyer  anythings ton mpair suchr rights, Atour request, tes incuredy wIE bitngs sur Workers Compensattont Poky contains thet tollowing Endorsements:  nghisD tousa and! hep us entorvet thes. Anya amounts 50 recoverdbyus  FerimomstolaiPupoast Ony  ACORD 1010 (2008/01)  02008 ACORD CORPORATION, Alrighta reaerved.  The ACORDI name andi logoa arer raglatered marka OfA ACORD  Page 11 of30    XHIBIT B  GARNER The Emergency Responso Company  Garner Environmental Services, Inc. 1717 West 13th Street Deer Park, TX77536 Phone: 281-930-1200/1 Fax 281-478-0296 E-mail emperl2gmeres.com Intemet ntp/wwsameres.con Business Size: Large Business  Federal Supply Schedule 084 Management, Fire, Rescue, Emergency/Disaster Response  Law Enforcement, Security, Facilities Special Purpose Clothing, Marine Craft and  FSC Class: R414 Authorized Pricelist  GS-07F-0403X  GSA Advantage!"  wwigsaAdvartagegow  Thirs Schihle CapxtPrtalaaghala) Madcadond dirughA Nunber PO-001Z daedMarck 11. 2016  Page 12 of30    GARNER TheE Emergency Response Company  GENERALSERVICES ADMINISTRATION EDERALSUPPLYSERVIC:  AUTHORIZED FEDERALSUPPLYSCHRDULECATALOGPRICELIST  General Description  Gamer Environmental Services, Inc. (Garner Environmental): establishedinl 1981,isaf full- service environmental company offering emergencyresponse: for oil spills andh hazardous materials, soil remediation, vacuumt trucks services, roll-offe equipmentrental: and. transportation, as well as disaster response for natural andi man-made disasters. Other services offered are training, industrial hygiene consultationt, cleaning services for oil and chemical storage tânks, retention ponds, pipelines, storm drains and: sewers] lines, vessels drilling rigs, piers, wharves, docks, and other harbor facilities. In addition tot the sérvices mentioned above, Garner Environmental also offers chandler services andj productsupplies for production ando drilling platforms, offshore andi inshore vessels andt thep petrochemiçal: industry: Gamer Environmental brings over 500 cumulative years ofe experience and expertise tot the oil and chemical industryi in these specialized fields ofendeavor. Gamer Environmental isad certified Oil Spill Response Organization (OSRO), byi thel United States Coast Guarda and asal Discharge Cleanup Organization (DCO) byt the Texas General Land Office asi related tot the Oill Pollution  Actof1990. ContractNumber:  GS-07F-0403X  Period Covered by Contract: April 1,2011-March! 31, 2021 Formore nfomationa ono ordering from Federa! Aqgusttonscheres. clid MESMAATEIEA hnSsgsgay,  General Services Administration Federal Acquisition Service MMhSMAmNERN CONTENTS  Online accèss toc contract ordering information, terms and conditions, up-to-date pricing, andt the option tox create an electronic delivery order are available through GSAAdyantagel, amenu- drivings $ database system, Agencies can access GSA Advantage! via the Internet at  1 CUSTOMER INFORMATION 2 SCHEDULEI PRICELIST.. ContractNo. GS-07F-0403X  MoificationP0.0012, datedMarch 23, 2016  Page 13 of30    GARNER The Emergency Response Company  CUSTOMER INFORMATION SPECIALITENUMBERS (SINS): , Table of awarded SINS  SIN 426-4F Emergency Preparedness and First Responder  Equipment, Training and Services (Includes buti notl limitedt toContinuance: ofOperations Planning (COOP)s services, decontamination! kits andshowers, mass casualty containmentt trailers, survival/disaster: andrapid. deployméntk kits, hazardous material detection equipment and. clothing, and emergency response training,  b. Lowest priced model number andi price for each SIN:  SIN Hourlyrates: $5.92 2. MAXIMUM ORDER GUIDELINE  Model  Price  SIN 426-4F ORBITRAXPer) Message $0.27  Ther maximum order threshold: is $200,000 for SIN 426-4F. Ther maximum orderisa dollara amount aty whichi itiss suggested thatt the ordering agency request higher discounts from the contractor beforei issuingt the order. The contractor may 1) Offer anewlower price 2) Offèr thel Iowest price available under the contract 3) Decline the order within five (5) days.  Ina accordance with thel Maximum Order provisions containedi ini the Schedule, a delivery order may bep placed against the Schedule contracte event thoughi it excéeds the maximum  order.  3. MINIMUM ORDER: None Washington. DC, and U.S. territories  4. GEOGRAPHIC COVERAGE: The 48 contiguous states, Alaska, Hawaii, Puerto Rico, 5. POINT(S) OF PRODUCTION: None: (Professional Training and] Equipment rentals Prices shown arel NETI Prices; Basic Discounts have been deducted.  only)  ÇontractNo. GS-07F-0403X  Modification PO-00123 datedMarch 23, 2016  Page 14 of30    GARNER ThE Eseryoney RespoaseCAMPANY  7. DISCOUNTS: Quantity None b. Dollar Volume -None 8. ROMFTPANENITRIS Net3 30d days. GOVERNMENT PURCHASE CARDS:  Contractors are required to accept credit cards for payments equal to orl less than the micro-purchase) threshold for oral ort wntten deliveryorders. b. Credit cards are acceptable for payment at or above the micro-purchasel threshold. In addition, bank account information for wire transfer payments will be shown ont the  invoice.  10. FOREIGNIIENS: Nota applicable. 11. DELIVERY: SCHEDULE:  TIMEC OF1 DELIVERY-The Contractor shall delivert to desfination within the mmber ofcalendar days after receipt of order (ARO), as set forth below:  SPECIAL] IEMNUMBERS SIN 426-4F  DELVERYME DAYSARO) 10days ARO  EXPEDITED! DELIVERY: As negotiatedb between Gamer and Ordering Activity OVERNIGHT: and TWODAYDELIVERY. Asn negofiated between Gamer and URGENTREQUIREMENIS: Asr negotiatedb between Garner and Ordering  Ordermg Activity- Activity.  12. FOB: Orgin Slapangamsportation: cost for equipment only).  *Travel costs will bei m compliance witht thel Federal Travell Regulation (FTR) or the Joint  Travel Regulation (JTR) 13. ORDERINCINORJIATON:  Agencies should address all orders tot the following address: Gamer Environmental Services, Inc. 1717West 13th Streeti Deer Park. TX77536 John Temperilli Vicel President mpeiliQimeront  CantractNo. GS-07F-0403X  MolifatiaaP0.0012.4 dandMamh25,2016  Page 15 of30    GARNER The Emergeney Response Company  b. Fors supplies ands services, the order procedures, information onl Blanket Purchase Agreements (BPA's) are foundin) Federal Aequsitionkegulationg (FAR)8.405-3.  14. PAYMENT INFORMATION:  a. Agencies should address all payments tot the following addréss:  Gamer Environmental Services, Inc. 1717 West 13th Street Deer Park, TX77536  15. WARRANTY PROVISION: None (Serviçes only) Restocking Fee/Cancellation! Policy: None (Serviçes only) 16. EXPORT PACKING CHARGES: Not applicable.  17. TERMS AND CONDITIONS OF COVERNMENTPURCHASECARD ACCEPTANCE. ABOVETHE MICROPURCHASETHRESHOLD 552.232-77 PAYMENT BY GOVERNMENT COMMERCIAL PURCHASE CARD (MAR 2000) ALTRMATEI-NAEZ,  (a). Definitions.  "Govermment-wide commercial, purchase card' means au uniquelymumbered credit cardi issued bya contractor under GSA's Govermment-wide Contract for Fleet, Travel, and purchase Card Servicest tot namedi individual Govemment employees or entities top payf for official Government purchases. "Oral order" means an order placed orallye eitheri inj person orbyt telephone. (b) The Contractor must acceptt the Goverment-wide: commercial purchase cardf for payments equal tos orl lesst thani thei micro-purchase threshold (see) Federal Acquisition. Regulation 2.1 101)3 for oral or written orders undert this contract. The Contractor àndt thes ordering agency may agreet to uset the Goverment-wide commercial purchase cardf for dollar amounts over thes micro-purchase threshold, and the Govemnment encourages the Contractor toa accept payment byt the purchase card. The dollar value ofap purchase card action must not exceed the ordering agency's éstablished! limit. Ifthe Contractor will) not accept payment by the purchase cardf for and ordere exceeding thes micro-purchase' threshold, the Contractor musts soa advise the ordering agencywithin 24hours ofreceipt oft the order, (d) The Contractor shall not process at transaction for payment through the credit card clearinghouse until the) purchased supplies havel been shipped ors services. performed. Unless the cardholder requests correction or replaçement ofa  ContractNo. GS-07F-0403X  MoificaionP0-9012 datedMarch 23,2 2016  Page 16 of 30    GARNER The Emergency Response Company  defective or faultyi item under other contract requirements, the Contractor must immediately creditao çardholder's account fori items rétureda as défective orf faulty, (e) Payments madet using the Govemment-wide commercial purchase carda are not eligible for any negotiated prompt payment discount. Payment made usinga Govemment debit card will receive the applicable prompt payment discount. 18. TERMS AND CONDITIONS: OF RENTAL, MAINTENENACE, ANDI REPAIR: 19. TERMS AND CONDITIONS OF) INSTALLATION: Notapplicable. 20. TERMS AND CONDITIONS OFI REPAIR PARTS INDICATING: DATEOF PARTSI PRICELISTS. AND ANY DISCOUNSTS) FROM LISTI PRICES: 20a. TERMSANDCONDITONS: FORANY OTHER: SERVICES: Not applicable. 21. AVCEANDDSTRINCTON POINTS: Nota applicable. 22. PARTICIPATING! DEALERS: Not applicable. 23. PREVENTATIVEMAINTENANCE: Nota applicable. 24a. ENVIRONMENTALATTRIBUTES: Notapplicable. 24b. SECTION 508 COMPLIANCE: Nota applicable.  Nota applicable.  Not applicable.  25. DATA UNIVERSALNUMBERING SYSTEM (DUNS)NUMBER: 053554531 26. Contractor HASI registered witht the System for Award Management Registrationvalid  until 10/22/2013.  ContractNo. GS-07F-0403X  MoificationP0-0012: datedMarch23,2 2016  Page 17 of30    GARNER The Emergency Response Company GSAPrice Weekly Rate $1,148.78 $1,148.78 $1,234.26 $1,362.32 $1,362.32 $1,621.81 $1,621.81 $1,621.81 $1,621.81 $1,621.81 $1,675.87 $2,027.27 $2,027.27 $2,219.87 $2,333.52 $2,289.29 $2,838.18 $2,838.18 $2,957.38 $2,957.38 $2,957.38 $3,107.81 $3,088.20 $3,649.09 $3,649.08 $3,649.08 $3,768.02 $3,768.01 $4,298.63 $5,287.56 $5,287.56 $5,789.87 $5,789.87 $6,206.14 $6,461.31 $7,427.76 $7,427.76 $7,589.45 $7,589.45 $7,589.45 $8,310,44 $9,517.36 $9,517.36  2. GSA SCHEDULE PRICELIST SCHEDULEA. -POWER GENERATION 426-4F 20KW Generator 426-4F 25KF Generators 426-4F 30KW Generators 426-4F 35KW Generators" 426-4F 36KW Generators 426-4F 40KW Generators 426-4F 45KW Generators 426-4F 48KW Generators 426-4F 50KW Genérators 426-4F 56KW Generators 426-4F 60KW Generators 426-4F 70KW Generators 426-4F 75KW Generators 426-4F 80KW Generators 426-4F 90KW Generators 426-4F 100KW Generators 426-4F 125KW Generators 426-4F 150KW Generators 426-4F 174KW Generators 426-4F 175KW Generators 426-4F 176KW Generators 426-4F 180KW Generators 426-4F 200KW Generators 426-4F 225KW Generators 426-4F 240KW Generators 426-4F 250KW Generators 426-4F 300KW Generators 426-4F 320KW Generators 426-4F 350KW Generators 426-4F 400KW Generators 426-4F 450KW Generators 426-4F 480KW Generators 426-4F 500KW Generators 426-4F 550KW Generators 426-4F 575KW Generators 426-4F 600KW Generators 426-4F 640KW Generators 426-4F 675KW Generators 426-4F 728KW Generators 426-4F 750KW Generators 426-4F 800KW Generators 426-4F 850KW Generators 426-4F 1000KW Generators ContractNo. GS-07F-0403X  SIN  Product Description  MoificationP0-0012, datedMarch23,2 2016  Page 18 of30    GARNER The Emergency Response Company GSAPriceV Weekly Rate $13,325.04 $13,325.04 $14,590.91 $15,174.56 $15,515.35 $16,616.14 $17,742.64 $324.36 $432.48 $651.43 $651.43 $867.67 $1,589.38 $2,112.41 $2,112.41 $2,448.94 $2,871.96 $3,796.40 $4,476.21 $756.85 $994.71 $1,492.07 $513.57 $493.70 $767.66 $993.36 $640.83 $59.24 $29.62 $2.47  SIN 426-4F 1200KW Generators 426-4F 1250KW Generators 426-4F 1400KW Generators 426-4F 1500KW Generators 426-4F 1600KW Generators 426-4F. 1750KW Generators 426-4F 2000KW Generators 426-4F 45k KVA Transformer 426-4F 75K KVAT Transformer 426-4F 100KVATransformer 426-4F 150KVAT Transformer 426-4F 225k KVA1 Transformer 426-4F 300 KVAT Transformer 426-4F 400KVAT Transformer 426-4F 500KVAT Transformer 426-4F 750KVAT Transformer 426-4F 1000K KVAT Transformer 426-4F 1500 KVAT Transformer 426-4F 2000 KVAT Transformer 426-4F 600A AmpLineF Pane! 426-4F 800A AmpLine Panel 426-4F 1200 Ampl LinePanel 426-4F 4000V Watt GeneratedLight Plant 426-4F Power Distribution Box (SpiderE Boxes) 426-4F Spider Boxes (400) 426-4F Spider Boxes (800) 426-4F Power Distribution Box (Spider Box)with5 50itcable 426-4F Pigtails- 4/0Male &Female Camlock Connectors 426:4F Power Cord, 50 (Extension Cord) 426-4F Generator Cabley price perfoot POWERGENERATORI NOTES daysc constutesa aweek onpersomel. included.  Product Description"  Minimum One (1)V Week Operation Phase! Duratione excludingN Mob/Demob. 3daysc constitutesaw week onequipment7 RentalRates Only-I Transpoitationratest fromt top pointoforigina and/orp pointo ofde deliverya and/or pointofuse arer not Customer isresponsiblef fora anylakf fuel, personnel andt transportation costs associatedy withp project. Fuelwilb bec determined! byl loada and chargedIAW anda associatedt totheTask Ordera atthatt time. Minimum of(2e electricians are requiredpers site assessment andi installation, GPSunits arerequiredf fore eachg generator ando chargedp pern rate schedule. Messagingnotindludel) Anyi items requested dfGESIn nota appearingwithint theser rates willh beb billeda att thei invoiced amountp plusa a1 15%handling Charges are duea andp payablei inthe amountir invoiced. Invoicingt typicaly occurso onaweeklyb basis.  fee.  ContractNo. GS-07F-0403X  ModifiçationF PO-0012, datedMarch2 23, 2016  Page 19 of30    GARNER The Emergency Response Company GSAPrice WeeklyRate $778.47 $1,431.25 $810,91 $1,405.57 $1,778.93 $2,025.24 $2,757.19 $7,027.86 $10,509.35 $13,969.22 $94.61 $70.28 $100.72 $124.34 $248.14 $383.15 $401.40 $2,128.63 $2,898.99 $749.48 $1.283.63 $1,732.90 $2,310,53 $4,120.44 $53.91 $53.91 $47.40 $64.18 $67.58 $343.37 $386:37 $617.76 $1,339.78 $430.02 $517.75 $1,339.79 $56.16 $72.21 $72.21 $160.45 $202.73 $160.45 $3,311:20 $11,352.70  SIN SCAEDUEB-PUPAROS 426-4F 2"x2 DieselP Pump 426-4F 3'x3 Diesel Pump 426-4F 4'Diesel Pump 426-4F 6-Diesel Pump 426-4F 8'DieselPump 426-4F 10 Diesel Pump 426-4F 12 Diesel Pump 426-4F 16 Diesel! Pump 426-4F 18" Diesel Pump DsIFIgw/QD 426-4F 24D Diesel Pump 426-4F 2'SucionDischarge Hose 50 Section 426-4F 3'Suction Discharge Hose 50 Section 426-4F 4'Suction Discharge Hose 50 Section 426-4F 6"Suction! Discharge Hose 50 Section 426-4F 8"Suction Discharge Hose 50 Section 426-4F 10 Suction Dischargel Hose5 50' Section 426-4F 12'S Suction DischargeHose 50' Section 426-4F 6'VacuumA Assist Pump 426-4F 12V Vacuum Assist Pump 426-4F 3Inch Submersblel Hydraulic Pump 426-4F 4Inch Submersble! Hydraulic Pump 426-4F 6Inchs Submersble! Hydraulic Pump 426-4F 8inchs SubmersbleH Hydraulic Pump 426-4F 12inch SubmersibleH HydrauicPump 426-4F 8'Bauer Pipe, 10s section 426-4F 12E Bauer Pipe, 10 section 426-4F FStaneyontyEbais 426-4F fStahef.atEbols 426-4F EStaheTAOEbOIE 426-4F 3"Sub-Dewater! 5hp4 460v 426-4F 4"Sub-Dewater 10ph4 460v 426-4F 6"Sub- -Dewater 35hp 460V 426-4F 8"Sub- Dewater 95hp 460v 426-4F 4'Sub- Trash 20hp4 460v 426-4F 6"Sub-Trash 40hp4 460v 426-4F 8"Sub-T Trash7 70hp 460v 426-4F 3'SucionHose-20 426-4F 4SuctionHose- -20 426-4F 6"S Suction! Hose- -20 426-:4F G'SuctonHose-20 426-4F 10 Suction Hose -20 426-4F 12 Suctionh Hose-1 10 426-4F 6'to1 18F Pipe FusionMachine 426-4F 12to36" Track MountedFusion Machine  Product Description  ContractNo. GS-07F-0403X  MoificationP0-9012, datedMarch23, 2016  Page 20 of30    GARNER The Emergency Response Company  PUMPSANDHOSESI NOTES Dayso consttutes aweek onp personnel. included. SIN  Minimum One (M Week Operation Phase! Duratione excludingN Mob/Demob, 3Days constitutesa aweeko one equipment,7 RentalF Rates Only- Transportationr ratest toa andfi fromp pointo of origina and/or pointo ofd deliverya andorp pointo ofuse arenat Customer isr responsible for anylaif fuel, personnel andtransportation costs. Chargesa are due andp payablei inthe amountinvoiced. Invoicinglypicallys occurs ona aweekly basis.  Product Description  GSAE Priçe Daily GSAF Price Rate WeeklyRate N/A $1,148.78 NA $1,405.57 NA $1,924.55 NIA $2,024.56 N/A $2,169.18 N/A $2,703.02 NA $4,324.84 N/A $7,348.17 NIA $5,297.92 N/A $7,568.46 NA $8,649.67 NA $778.47 NA $778.47 N/A $852.43 N/A $888.66 N/A $898.54 N/A $1,621.81 N/A $1,621.81 N/A $1,621.81 N/A $1,444.14 $11353 NAJ $118.93 N/A $1,243.39 NA $243.27 N/A] $113.53 NA $48.65 NA  SCHEDULEC C- ENVIRONMENTAL CONTROLS 426-4F 5-TonAiro Conditioner Unit 426-4F 10-1 TonA Air Conditioner Unit 426-4F 15-T TonA Airc Conditioner Unit 426-4F 20-1 TonA Air Conditioner Unit 426-4F 25-T TonA Air Conditioner Unit 426-4F 30-T TonA Air Conditioner Unit 426-4F 40-T TonA AirC Conditioner Unit 426-4F 50-TonA Air Conditioner Unit 426-4F 60-T TonA Air Conditioner Unit 426-4F 75-T Ton Air Condtioner Unit 426-4F 80- TonAir Conditioner Unit 426-4F 100 GPMPump 426-4F 200 GPMPump 426-4F 300 GPMPump 426-4F 400GPMPump 426-4F 500GPMPump 426-4F 750GPMPump 426-4F 800G GPMPump 426-4F 1000GPMPump 426-4F 1200_GPMPump 426-4F Polyethylene PollutionE Bags (per Rolly 426-4F Polyethylenes SheetingPerF Roll 20x100x6mi) 426-4F LevelAR Responder Suit( (each) 426-4F LeveIBF Responder Suit (each) 426-4F Level3(CPC3 3)P PPE( (each) 426-4F LevelDP PPE (each) ENVIRONMENTAL CONTROLSNOTES Days consitutésaweek onp persornel.  Minimum One (1)V Week OperationF Phasel Duration excluingMoh/Demcb: 3Days constitutesa av week one equipment;7 RentalRates Only- Transportation ratesf fromt topt.o oforigina andorpt ofd deliverya and/or pointo tofuse arer noti included Customeri is responsible fora anylalf fuel, personnel andtransportationçosts Charges are. due andp payablei inthea amounti invoiced. Invoicingtypicaly occurs ona aweekly basis.  ContractNo GS-07F-0403X  MoificationPo.p01z datedMarchz 23,2 2016  Page 21 of30    GARNER The Emergency Response Company GSA Price WeeklyRate $111.90 $40.54 $111.90 $318.96 $923.09 $454.21 $676.37 $2,899.58 $3,138.72 $3,713.09 $8,006.94 $14,823.51 $1,892.12 $987:35 $1,297.45 $1,675.87 $1,600.19 $1,838.06 $2,108.36 $12.97 $1,325.76  SIN  Product Description  SCHEDULED- MATERIALSH HANDLINGI EQUIPMENT (MHE) 426-4F Forklift CarpetP Poles 426-4F Pallet Grabbersw w/Chain 426-4F Pallet Jack 426-4F ElectricF PaletJ Jack 426-4F ForkiftLoadingr ramps 426-4F Dock Plates 426-4F 5k DieselForklfts 426-4F 6000Lb. Forkift 426:4F 8Q00Lb. Forkift 426-4F 9,000-1 10,0001b. Forklft 426:4F 15,0001b. Forkit: 426-4F 25,000-35,000L Lb.F Forklft 426:4F 4400bExtended ReachF Forklit ROUGHT TERRAIN FORKLIFTS 426-4F Straight Mast 426-4F 5KE Extended Reach Forkift 426-4F 6KE Extended Reach Forkift 426-4F &KE Extended. Reach Forkift 426-4F 9KE Extended Reach Forkift 426-4F 10KE Extended ReachF Forkift 426-4F ForkiitF Propanel Tank Wofuel 426-4F Portablel Loading Dock, 20X20 wirampa ands stairs MATERIALSI HANDLING EQUIPMENT (MHE) NOTES Days constitutesa aweek onp personnel,  Minimum One () Week OperationF PhaseD Duration excludingN Mob/Demob. SDaysconstiltesawekc onequipment7 RentalR Rates Only- Transportationr ratesf fromt top pt. oforigina andorpt ofc deliverya and/or pointo ofuse arendtir included. Customeri ist responsiblef fora anylalf fuel, personnel andtransportationc costs. Chargesa are duez andp payablei inthea amountinvoiced. lnvdichngtyptalyocaurse onaweeklybasis.  SIN SCHEDULE E-HEAVY EQUIPMENT FUELTANKS: 426-4F 1000G Galon Fuel Tank 426-4F 2000 Galon Fuel Tank: LOADERS: 426-4F 12y yard 426-4F 3/4y yard 426-4F 1yard 426-4F 212yard 426-4F 23/4yard SKID-STEERS: 426-4F 1750Lb, 426-4F 2400Lb. ContractNo. GS-07F-0403X  Product Description  GSAT Price Weekly Rate $1,892.12 $1,750.21 $1,062.29 $994.71 $1,027.15 $2,063.76 $2,063.76 $767.66 $1,215.01  10  MolificationP0.0012, datedMarch2 23,2016  Page 22 of30    GARNER The Emergency Response Company GSAF Price WeeklyRate $1,297.45 $260.84 $151.37 $260.84 $1,489.37 $1.717.77 $2,077.27 $2,277.30 $3,378.78 $1,215.01 $3,378.78  SIN: 426-4F 1900Lb. Track SKID/ ATTACHMENTS: 426-4F Grapple 426-4F Forks 426-4F Sweeper OTHERHEAVY! EQUIPMENT: 426-4F Singles Smooth! Drum VibratoryF Roller 426-4F D3 Cat Smalll Track-Type Tractor 426-4F D4Cats Smalll Track-Type.T Tractor 426-4F D5 Cat Small Track-Type Tractor 426-4F D6 Cath Medium Track-Type Tractor 426-4F Ditch/T Trench Digger 426-4F Large Excavator HEAVY EQUIPMENT NOTES Dayso constitutes aweeko onp personnel,  Product Description"  Minimum One (1) Week Operation Phase Duratione excludingN Mob/Demob. 3Dayso constitutesa aweek one equipment;7 RertalRates Only- Transportationt ratesf fromt topt. oforiginand'orpt dfd deliverya and/orp pointo ofuse arer notincluded. Customer isr responsblef fora anylallf fuel, personnel andtanspatationcosts Charges ared duea andpayablei inthea amountinvoiced. Invaicinglypicallys occurs onaweeklybasis.  SIN  Description  GSA GSAV Weekly GSA Mobilization Price Demobilization $546,244.39 $1,441.154.38 $444,575.60 $508,515.60 $1,169,241.11 $413,659.78 $375,334.97 $800,889.40 $306,847.13 $305,244.24 $513;202.64 $249,416.01 $185,540.88 $466,447.11 $131,188.50 $179,699.65 $402,761.19 $130,669.52 $132,481.90 $285,843.30 $95,980.28 $110,890.15 $193,676.98 $83,891.01 $30,246.82 $173,262.40 $37,784.20 $24,582.64 $149,906.93 $28,783.14 $18,959.00 $89,214,61 $21,989.09 $18,959.00 $65,859.15 $18,653.56 $82,671.95 $237,551,09 $67,779,64 $66,318.66 $184802.96 $53,313.07 $48,184.08 $124,111.99 $39,273.57 $36,884.10 $74,919.68 $29,692.70  Price  Price  SCHEDULE-FE EQUIPMENTSERMICES: &0 DISASTER RESPONSE BASE CAMPS: 426-4F NIMS TYPEI1 1000 PersonE Base Camp 426-4F NIMS TYPE1I750F PersonBaseCamp 426-4F NIMS TYPEI I 500F Person Base Camp 426-4F NIMS TYPEMV2 250Person Base Camp KITCHENS SERVICES: 426-4F NIMS TYPEI1 1000F Personk Kitcher/Meals 426-4F NIMS TYPEII7 750P Personkithen/Meals 426-4F NIMS TYPEII 500Personk Kitchen/Meals 426-4F NIMST TYPEMV: 250 Personk Kitcher/Meals SHOWER SERVICES: 426-4F NIMS TYPEI1 1000Person Showers 426-4F NIMS TYPE1I7 750F PersonShowers 426-4F NIMS TYPEIIS 500F Person Showers 426-4F NIMS TYPEIV 250Persons Showers LAUNDRY SERVICES: 426-4F NIMS TYPE)1 1000F PersonLaundries 426-4F NIMST TYPE17 750Personlaundries 426-4F NIMS TYPEII 500PersonLaundiries 426-4F NIMS TYPEMV2 250PersonL Laundries  ContractNo. GS-07F-0403X  11  MoificationPo-0012 datedMarch23,2 2016  Page 23 of30    GARNER The Emergency Response Company GSAF Price WeeklyRate $320.91 24221 $463.84 2,108.31 $291.23 $380.15 $8.11 $20.27 $27.03 $96.98 $185.27 $162.92 $17280 $167,59 $2,691.61 $1,869.29 $6,870.89 GSAPrice PerCase $61.22 $58.56 $58.56 $55.74 $53.90 $103.81 $101.32 $101,32 $98.48 $98.48 GSAPrice PerCase $6322 $60.38 $57.56 $55.57 $55.57  SIN SCHEDULE- GCIVIL SUPPORT 426-4F Portable Storage Containers 426-4F Tent, 10x10" 426-4F Tent, 20X20 426-4F Tent,40X40 426-4F Tent, 10X10P Pop-Up 426-4F Tent, 10X15Pop-Up 426-4F Chairs- folding 426-4F 6'Table folding 426-4F 8'Table-folding 426-4F 50' Stringlighting 426-4F 100'S StringLighting 426-4F Power Distro-Spider Box 426-4F 24"p portablef fans ons stands 426-4F 482 2-speedw warehousef fan 426-4F Tents-30x x90'x7 426-4F Tents-30'x x60'x7 426-4F Tert, 60x1 100x7 SIN  Product Description  Product Description  HeaterMeals Sell-Heating Entreesw wlupto2 2year shelf life 426-4F 1-Palet=70T Twelve Count Cases B4Ome)HMErtres 426-4F 2-Pallets =1 140T Twelve Count Cases (1680r meals) HMEntrees 426-4F 3-Pallets=2107 Twelve Court Cases(2520m meals) HME Entrees 426-4F 5-Pallets 350 Twelve Count Cases 426-4F Greatert than5 5Pallets! HME Entrees HeaterMeals Plus Full Coursel Meall Kitswlupto1 lyears shelf 426-4F 50Twelve CountCases I 1-Pallet 426-4F 100T Twelve Count Cases/ 2-Pallets 426-4F 2007 Twelve Count Cases/ 4-Pallets 426-4F 350T Twelve Court Cases/7-Pallets 426-4F Greatert than7P Pallets HMPlus Mealk Kits  life  SIN  Product Description  Heater Meals EXSelfHeatingE Entrees wupto 5yr. shelf-life 426-4F 1-Palet=6 60T Twelve Count Cases (720n meals)H HMEXE Entrees 426-4F 2-Pallets= 1207 Twelve Count Cases (1440n meals) HMEX 426-4F 3-Palets =1 1801 Twelve Çount Cases (2160n meals)H HMEX 426-4F 6-Pallets 3601 Twelve Count Cases (4320n meals) HMEX 426-4F Greatert han6PalaHMEXENrEs  Entrees Entrees Entrees  ContractNo. GS-07F-0403X  12  MolifieationP0.9012, dated? March23,2016  Page 24 of30    GARNER The Emergency' Response Company GSAPrice PerCase $74.69 $7237 $7237 $70.54 $7054 $68.21 $68:21 $140.74 $133.25 $124.69 $124.69 $205.12 $194.64 $18266 $182.66 GSAPricePer Bag $3.24 GSAPricePer Case $8.15 GSAPriçe WeeklyRate $61,493.77 $5,108.71 $35,477.17 $46,120.32 $5,10871 $26,016.59 $30,746.88 $2,554.36  SIN  Product Description  Heater Meals 3Full Course Meal Kits Wiupto3yl.shelfl life  426-4F 50T Twelve CountCases I 1-Pallet 426-4F 1001 Twelve Count Cases/ 2-Pallets 426-4F 2007 Twelve Count Cases/ 4Pallets 426-4F 3507 Twelve Count Cases/7-Pallets 426-4F 6001 Twelve Count Cases/1 12-Pallets 426-4F 12007 Twelve Counto Cases/ 124-Pallets 426-4F Greatert than2 24P Pallets HM3Kits Cafe2Go Self- Heating Beverage Kits wlupto1.5yr.s shelf] life 426-4F 18S Sx Count Cases / 1-Pallet 426-4F 36Skx Count Cases1 2-Pallets 426-4F 54SkK0 Count Cases/ 3-Pallets 426-4F Greatert than3P PalletsCafe2Go Beverage Kit Cafe2Go Self- Heating SOUP! Kits wlupto1 1.5yrs shelf-life 426-4F 185 Six Count Cases! 1-Pallet Cafe2Gos Soupk Kits 426-4F 36Sx Count Cases/2-Palet Cafe2Go SoupK Kits 426-4F 54Sk Count Cases! 3-PalletCafe2Go Soup! Kits 426-4F Greatert than3Pallets0 Cafe2Go SoupKts  SIN Ice 426-4F Ice8bBag SIN Bottled Water 426-4F 24count 16.9oz per Botte/ Case SIN Type(1000) Person Portalet Package 426-4F 100S StandardF Restrooms 426-4F 4Wheelchar Accessible 426-4F 30S Stations Snk 426-4F 100Daiys ServiceFees 426-4F 30Dailys Sink Service Fees 426-4F 59Fuels Surcharge +Tax Typell 750) Person PortaletF Package 426-4F 755 Standard Restrooms 426-4F 4Wheel Chair Accessible 426-4F 225 Stations Sinks 426-4F 75Dailys Service Fees 426-4F 22Dailys Sink ServiceF Fees 426-4F 5%Fuel Surcharge+ +Tax Typel u( (500) Person Portalet Package 426-4F 50SlandardRestoms 426-4F 2Wheel Chair Accessible  Product Description Product Description Product Description  ContractNa. GS-07F-0403X  13  MofificationP0-0012, dated March23,2 2016  Page 25 of30    GARNER The Emergency' Response Company GSAPrice WeeklyRate $17,738.59 $15,373.44 $1,277.18 $8,278.01 $6,149.38 $1,277.18  SIN 426-4F 15Stations Sinks 426-4F 50Dailys Service Fees 426-4F 15Dalys Sink Service Fees 426-4F 5%Fuel Surcharge-+Tax TypelV (250) PersonF Portalet Package 426-4F 255 StandardRestrooms 426-4F 1Wheel Char Accessible 426-4F 7Stations Sinks 426-4F 25Dailys Service Fees 426-4F 7Daiys Sink ServiceFees 426-4F 5%Fuel Surcharge +Tax TypeV/(100) Person Portalet Package 426-4F 10SlandardRestooms 426-4F 1Wheel Chair Accessible 426-4F 10DailyService Fees 426-4F 7DalySinks ServiceFees 426-4F 5%Fuel Surcharge +Tax Daysc constitutes aweek onp personnel. Greys & Black Water Disposalr noti included Additional ServiceFee gfAplitable) Hand. Sanitzers@$15.00p per unitp perv week. Dailys service ofallPortaletp packagesisincluded.  Product Description  CIVIL SUPPORT NOTES  Minimum One (1) Week OperationF Phase! Durationexcluding! Mob/Demob. 3Days.c constititesaw week one equipment;7 Pricingisa all-inclusive includingtranspatatimn, personnel, expendabled commodities, food, etc.  Charges are duea andp payablei inthe amountinvoiced. Invoicinglypically occurs ona aweeklyb basis.  SIN  Product Description  GSAPrice Weekly Rate $14,190.87 $12,337.63 $2,081.33 $56,763.48 $56,763.48 $56,763.48 $56,763.48 $5,179.67 $1,658.84 $14,190.87  SCHEDULEH-1 TRANSPORTATIONI EQUIPMENTIPERSONNEL 426-4F Power OnlyT Truck 426-4F RollBacks-E Equipment local short-haul 426-4F Equipment Service) Vehicle 426-4F Bobtail Fuell Truck &Driver (Fuel, Lube" Truck or Transport Does notincludeFuel 426-4F Fuel Truck&T Trailer Combo (Less than2 2000 gallons) Doest ndt includeFuel 426-4F Fuel Trailerv w/Attendant (Trailer Dropped, 8500gallonsw with pumps)G Gasoline& Diesel, Doesr noti include Fuel 426-4F Fuel Tank onT Trailer; 6,0009 galon Diesel Only; 4pumps ands Spil KEwithA Altendant (ISO Unip; Does noti include Fuel  426-4F DiyV Van 426-4F Reefer Trailer 426-4F Drop Deck Trailer  ContractNo. GS-07F-0403X  14  MolificationP0-001z dated March 23, 2016  Page 26 of3 30    GARNER Thes Emergency Response Company GSAF Price WeeklyRate $17,029.04 $14,190.87 $6,622.41 $14,190.87 $362.21 $16,584.24 $14,190.86 $32,999.46 $2,301.64 $89.85 $18.66 $18.66 $48.38 $186.62  SIN  Product Description  426-4F Removable Drop Deck (RGN) 426-4F Double DropT Trailer 426-4F Flat BedT Trailer 426-4F LowB BoyT Trailer 426-4F Water Trailer 300 Gal 426-4F 60T Tonk Landall Trailer 426-4F 26: StraightT Truck Wliftg gate and driver 426-4F Water truck (non-potable)! W/ operator 426-4 4F Variablel Message Boards, trailered, solarp powered 426-4F TraficBaricades folding 426-4F Traffico Cones 426-4F TrafficB Bariers, 8 426-4F TrafficBaricades, Barrel 426-4F Barricades, Jersey- Composite TRASPORTATOASEAESNOTES Days consitutesa aweeko on personnel. Pricinge excludesf fuel, personnel, andtransportationc costs, unless otherwise noted. Transportationr mileager ratest mayv varybased onregion ofequpmentFOB. Jurisdictionala and/or Federalf fees willa applyu unlessv waved. Charges are due andpayablei inthea amountinvoiced. Invoicnglypicallys occursona aweeklybasis. SCHEDULEI I-PROJEÇT SUPPORT PERSONNEL INCIDENT COMMAND SUPPORT 426-4F InformationOffiçer 426-4F Safety /Securty Officer 426-4F Liaison. Oficer OPERATIONS SECTION 426-4F Operations Section Chief 426-4F Staging? Areas Manager 426-4F Ar Operations! Branch! Director 426-4F Ars Support Group Supervisor 426-4F Air Tactical Groups Supervisor 426-4F Branch! Director 426-4F Dwisions/Groups: Supervisor 426-4F StrikeF Force/Teams Leader 426-4F Singler Resourcel Leader 426-4F MitarySuppoitl Liaison: PLANNING SECTION 426-4F Planning Section Chief 426-4F ResoureUhtLeader  Minimum. One (1) Week OperationF Phase Duratione excluding! Mob/Demob. 3Days constitutes aweeko one equpment7  SIN  Description  GSAPrice Per Hour $148.11 $148.11 $14811 $148.11 $133.30 $13330 $13330 $13330 $13330 $13330 $133.30 $13330 $133:30 $148.11 $133.30  ContractNa. GS-07F-0403X  15  MoifirationP0.p0i2 dated March2 23,2016  Page 27 of30    GARNER The Emergency Response Company GSAF Price Per Hour $133.30 $133.30 $133:30 $133.30 $133:30 $133:30 $133.30 $133:30 $148.11 $133.30 $13330 $133:30 $133.30 $133:30 $133.30 $13330 $133.30 $133:30 $13330 $133.30 $133:30 $133.30 $133.30 $133.30 $133.30 $148.11 $133:30 $133:30 $133.30 $133:30 $133.30 $133.30 $133.30 $133:30 $133:30  SIN 426-4F Status Recorder 426-4F Situation! UnitLeader 426-4F Documentationl UnitLeader 426-4F DendhizatmnunfLeader 426-4F Environmental UnitLeader 426-4F Documentationt Clerk 426-4F Field Observers 426-4F Technical Specialists Leader LOGISTICS SECTION 426-4F Logistics. Sectiono Chief 426-4F ServiceB Branch! Director 426-4F SupportE BranchD Director 426-4F Communicationsl UnitLeader 426-4F Medical Unitl Leader 426-4F Food UnitLeader 426-4F Supply UnitLeader 426-4F Facilities Unitl Leader 426-4F Grounds Supportl Unitl Leader 426-4F Ordering/ Manager 426-4F Receiving &D Distribution! Manager 426-4F Security Manager 426-4F Camp Manager 426-4F Base Manager 426-4F GroundSupportl UnitLeader 426-4F Vessels Support UnitLeader 426-4F Equipment Manager MANCEADMINSTRATION. SECTION 426-4F Finance/Admins Section Chief 426-4F Timel UnitLeader 426-4F CostUnitLeader 426-4F PocturementuntLeader 426-4F Personnel Time Recorder 426-4F Resources Suppotl TeamLeader 426-4F Energy Team Coordinator (Generator) 426-4F Transportation Coordinator 426-4F Public Works Coordinator (Pumps &LightTower) 426-4F Equipment Time Recorder  Description  ContracNo. GS-07F-0403X  16  Modification PO-0012, dated March 23;2 2016  Page 28 of 30    GARNER The Emergency Response Company GSAF Price Hourly Rate $148.11 $133.30 $123.43 $117.25 $117.25 $117.25 $74.06 $133.30 $117.25 $49.37 $59.24 $117.25 $117,25 $133:30 $117.25 $117.25 $78.99 CONUS  SIN  Product Description  SCHEDULEJISAPROJECT PERSONNEL SUPPORT: LSAPODF Personnel 426-4F Incident Management TeamLeader 426-4F ProjectOperations Manager 426-4F Project/Operations: TaskLeader 426-45 HazardousN MaterialT Technicals Specialist 426-4F Waste Managements Specialist 426-4F PODT Team! Leader 426-4F ProjectAdministrator 426-4F Projects Supervisor 426-4F Warehouse Supervisor 426-4F ProjectField Clerk 426-4F LSA, Warehouse and GeneralLabor (Non! Union) 426-4F Resource Supervisor 426-4F Resource Technician 426-4F GIS-DataLiaison 426-4F ResourcelEqupment Operator IncudesFonitOpealr (Non. Union) 426-4F Electrician 426-4F Security 426-4F Per Diem 426-4F Personal Aiffare LSAP PROJEÇT PERSONNEL SUPPORT! NOTES Days.c consttutesaweek onp personnel.  Minimum. One (1)V Week OperationF Phasel Duratione excluirgMcb/Demcb.: 3Dayso constitutes aweeko onequipment;7 Command Centerisf forc customer personnel, Gamer ProjectP Personnel, requiredfor Orbitrax Supporta andallIT/Cells. Oibtrax Supportisn requiredf fora allphysicale equipment top prevente equipmentl losses ando customer chargebacks. Hourly wages aref fors straighttime onlyo ovettimea ando double-t time willbe appliedi frequired. Hourly wages will bea assesseda atnol lesst thanb twelve( (12) hoursper day perp person-isevend daysaweek. Federal Holidaysa areb bileda atthe Doublel Time Rate. Allp personnelv will bep paidl IAW regionalp prevailigwagesina accordance with Davis-Bacon: andor SCAW where Airfareisa afactor oftotalp personnel minusrequiredp pesgmmelsenvitevehides LSAP ProjectE Equipmentd doesn noti includeN MOB/DEMOB. Travel-L Lodginga and! Per Diemv will be chargedatCONUS rate fora anylall workr moret than 50n miles from employee's normaly assignedG Garnero office. Charges ared due andy payablei inthea amountinvoiced. mabeynmawyma  applicable.  ContractNo. GS-07F-0403X  17  MoificationP0.-0012 dated March23,2 2016  Page 29 of30    GARNER The Emergency Response Company GSAF Price Weekly Rate $12;342.57. $1,123.17 $1,351.51 $9,874.06 $108.12 $0.27 $108.12  SIN LSA SUPPORTI EQUIPMENT 426-4F Mobile Command Postw w communications 426-4F Response Vehicle (PerVehicle) 426-4F 4-Wheelers (ie., Rhino) 426-4F LSAOrbitrax Trailer 426-4F Orbitrax 426-4F Orbitrax PerN Messaging 426-4F Orbitrax Report LSAS SUPPORT EQUIPMENT NOTES Daysc consttutesa aweek onp personnel.  Minimum One() Week Operation Phasel Duratione éxcludingN Mob/Demob. 3Days.o constitutesav week one equipment;7 Command Centeri isfo ford customer personnel, Garner Project Personnel, requiredf for Orbitrax Suppoit andall IICells. Orbitrax Supportisr requiredf fora allphysicale equipmentt toprevente equipmentlosses ando customer chargebacks. Hourlyw wages aref fors straighétime only, oveitimé andd double-t time will be applied frequired. Hourlyy wages willb bea assesseda atr nol lesst thant twelve (12) hours per day, perp person- seven (7) daysa aweek. Federal Holidays arebiledattt the Double Time Rate. Allpersonnelw will bet paid IAW regionalp Iprevailingwagesi ina accordances with Davis-Bacona and/or SCA) where Aifareisafactor: oftotalp personnelr minus requiredp personnelservicer vehicles. ESAF Prgjed Equipmentd doest noti include! MOB/DEMOB. Travel- Lodginga and Per Diem wilb be chargeda atCONUSr ratef fora anylally workI more than 50n milesf from employee's normalya assignedG Gamer office. Charges are: duea andpayablei inthea amountinvoiced. Invoicngtypically occurs ona aweeklyb basis. ANSMISOD DOCUMENT FORF FREIGHT CONTAINERS  appicable.  1496-1 Series1F Freight Containers- Specifications andl Testing: Part!: General Cargo. Containersfor General Purposes 1496-2 Series 1F Freight Containers Spedifications and Testing: Pat2: Thermal Containers 1496-3 Series1 Freight Containers- Specifications and Testing- Pait3: Tank Containersf forl Liquids, Gases, and 1496-4 Series1 1r Freight Containers Specifications and Testing- -Parf4: Non Pressurized Containerf for DryBuk 1496-5 Series1 1Freight Containers- Specifications and7 Testing- -Pat5: Platforma and Platform Based Containers 1496-6 Series 1F Freight Containers- Specifications andl Testing- Part6: Iiternational Cargo-SecuryDeitces 668 Series1 1F Freight Containers- Classification and Dimensions, andRatings 830 Freight Containers- Terminology 2308 Hooks forLitingo Containers upto3 30Tons Capacity -BasicF Requirements 1161 Series1 1 FreightC Containers Corner Fitings. Specifications 3874 Series 1F Freight Containers 6346 Series1 1F Freight Containers Coding, Idertification, andN Marketing 9897 FreighfContainers- Container EqupmentDaaEkéhange  Pressurized! DryBuk  ContractNo. GS-07F-0403X  18  MolificationP0.0012 datedMarch2 23, 2016  Page 30 of30    40  AMENDMENTNO.1  This Amendment to the Emergency Disaster Response Agreement in compliance with General Services Administration (GSA) Federal Supply Schedule 84, Emergency/Disaster Response, Contract Number GS-07F-0403X, the Robert T. Stafford Act 08/2016 Amended entered into effective March 31,2021, by and between CITY OF SIMONTON GARNER ENVIRONMENTAL SERVICES, INC. ("Contractor"). contracts require an annual review of contractual terms and rate schedule.  is  ("Company"): and  Inc order to be compliant with Code ofl Federal Regulations (CFR) $200, competitively bid The initial term of the Emergency Disaster Response Agreement between Contractor commenced on March 9,2019 and was effective through March 31,2021. Company Thereafter, the. Agreement renewed on a month-to-month basis for up to six months.  and  In order to ensure Company will be reimbursed by FEMA after services have been provided by Contractor in response to a disaster, the following amendments to the Emergency Disaster Response Agreement referenced above are agreed upon by both parties:  The revised term ofthis agreement will be asi follows: The initial term fort this Agreement shall be for three (3): years with an annual review of contractual terms and rate schedule; thereafter, the Agreement may be renewed annually, up to two times, for additional (1) one-year terms, after review and a written confirmation by each Party stating they wish to Except as amendedherein, the remaining terms and conditions ofthe Agreement arel hereby IN WITNESS whereof, this Amendment is executed effective as oft the date first written  extend the contract.  ratified and confirmed and: remain in full force and effect.  above. CITY OF By: Printed:,  GARNER ENVIRONMENTALSERVIGIS  John Temperilli  INC. By: Printed:  X  r  VACud  Title: Ca/pimshainn President  ADDRESS FOR GIVING: NOTICES: ADDRESS FOR GIVING NOTICES:  John' Temperilli, President Garner, Disaster Division 1717 W. 13th Street Deer ParkTX7 77536    NAD Bus 5a K5BBaard apptmt   IN ad EST 1850  City of Simonton Application for City Boards and Commission  The City Council is accepting applications from Simonton residents interested ins serving on City Boards and Committees. Applications can be dropped offa at City Hall, Monday-Thursday or emailed to nio@simontonexasgoy, Please check one ofthef following ori ifapplying forr more than one board, please  use numbers to rank your preference. EDC 4A Corporation, Emergency Management Committee Other please explain: PERSONAL INFORMATION Name: Angela King Home Address: 1026 Pony Lane Home Phone:  EDC 4B Corporation  Keep Simonton Beautiful X  City: Wallis Cell: 713-480-4720  Zip: 77485 Email: No  Redacted  Dos you live inside the City Limits of Simonton? Yes_ X OCCUPATIONAL INFORMATION Business Name: (ifapplicable) HEB Address: 25675 Nelson) Way  City: Katy Cell:  Zip: 77494 Email:  Phone:  QUALIFICATIONS. AND OPINIONS: (attach extra sheet of paper, ifr needed)  Briefly explain why you want to serve and ifselected what contributions in experience, education and knowledge can Ihave previouslyy worked alongside current and pastE Board members over the last fewy years ony various City related events. I thoroughly enjoy servingi in my community andt the City of Simonton as ay whole. Does your schedule allow commitment to regular and consistent attendance at the meetings? Yes_ X  you make as a member to one oft these positions?  would appreciate the opportunity to continue swerving ina any capacity.  No_  Office use only: Date received:  Notes:  STATEMENT OF INTENT: "Ifappointed, I agree to serve on the Board/ Ido solemnly swear (or affirm), that Ihave not directly ori indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment as a royard to-secure my appointment or  Committee for which Ihave applied.  confirmation, Signature_  Date_ 04/10/2024      Nww Business 5b.  RESOLUTION NO.  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIMONTON, TEXAS, AUTHORIZING AND APPROVING THE CITY OF SIMONTON ECONOMIC DEVELOPMENT CORPORATIONS PROJECT TO EXPEND FUNDS TO PARTIALLY FUND AN INFRASTRUCTURE IMPROVEMENT PROJECT THAT PROVIDES EXPANDED PUBLIC SAFETY FACILITIES AND ARE GENERALLY MUNICIPALLY OWNED IMPROVEMENIS; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR  SEVERABILITY.  *  *  WHEREAS, The City of Simonton Economic Development Corporation (the "EDC. A")isa al Non- Profit Corporation incorporated under Article 5190.6, Section 4A, of the Development Corporation Actof1979, now Chapter 501 ofthe" Texas Local Government Code, as amended (the WHEREAS, The Board of Directors of EDC. A had adopted as a specific project the expenditure required to provide for public safety facility improvement and a generally municipally owned WHEREAS, Pursuant to the Act, the EDC. A may not undertake such] project without the approval WHEREAS, the City Council finds and determines that such project promotes public safety and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. THAT the facts and matters set forth in the preamble to this Resolution are true SECTION2. THAT the City Council hereby authorizes and approves the adoption by the Board of] Directors of the City of Simonton Economic Development Corporation, a specific project for  "Act"); and  ofthe estimated amount of improvement; and  ($  ), found by the Board to be  ofSimonton City Council; and isi in the best interests of the citizenry;  SIMONTON, TEXAS:  and correct and are incorporated herein for all purposes.  the City, an expenditure of the estimated amount of  ($ facilities.  )to expand the CityofSimonton City Halli toj provide improved publicsafety  SECTION3. THAT the City Council hereby authorizes the expenditure ofs said funds no sooner than sixty (60) days from the date of first reading subject to receipt of aj petition from more than 10 percent of the registered voters of the municipality per Chapter 505 of the Texas Local  Government Code.  Res. City of Simonton- Fee Schedulet for Construction Permits and Inspections -1.29.2024  Page1 1    SECTION 4. THAT In the event any clause, phrase, provision, sentence, or part of this Resolution or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Resolution as a whole or any part or provision hereofother than the part declared to be invalid or unconstitutional; and the City Council of the City of Simonton, Texas, declares that it would have passed each and every part oft the same notwithstanding the omission ofany such part thus declared tol be invalid or unconstitutional, whether there be one or morej parts  PASSED and APPROVED on first reading this  day of  2024. day of  PASSED, APPROVED, AND RESOLVED on second and final reading this  2024  FOR THE CITY:  LAURIE BOUDREAUX, MAYOR  ATTEST:  Janie Willman, Interim City Secretary  Res. City of Simonton- Fee Schedulet for Construction Permits andl Inspections -1.29.2024  Page2