Janice Roberis, County Glerk PAGEODAUNTKTES VOL TT SEP -62024 FILER! FORE REGORD ATI S 1 NOTICE OF REGULARI MEETING DELTA COUNTY COMMISSIONERS GOURT Notice is hereby given that a regular meeting of the Delta County Commissioners Court will be held on Tuesday. the 10€h day of September 2024 at 9:00 A.M. in the City Council Chambers at the City of Cooper City Hall, located at 91 North Side Square, Cooper. Texas. 75432, at which time the Commissioners Courtwill consider, discuss, and possibly act upon 1. Call to Order, Establishment of a Quorum, and Declaration of Public Notices Legally PostedPursuant to the Open Meetings Act, Texas Government Code, Chapter 551. thei following agenda items at-wit: a, Pledge ofA Allegiance b. Invocation 2. Public Comments i, United States of America Flag ii. State ofTexas Flag (The Commissioners' Court shall allow public comment with the submission ofa Public Participation Form to the County/District Clerk prior to the start of the meeting. The Court is unable to deliberate on non-agenda items, fyou desire to request a matter on a future agenda, you may make the request to a member of the Commissioners Court. Public Comment will be governed by the adopted Rules afProcedure, Conduct, and Decorum.) 3. General Announcements 4. Proclamations 5, Discuss and take possible action related toi the approval oft the minutes for the following: a, August 27, 20241 Regular Meeting oft thel Delta County Commissioners' Court 6. - Discuss and take possible action to approve and ratify the payment of financial obligations, including claims, payroll and personnel expenses, and bills, 7. Discuss and take possible action to approve an Order designating day of week at which commissioners court will convene in regular term pursuant to Texas Local Government 8. Discuss and take possible action to consider a request from a landowner to upgrade a portionofCR4310, situated in Road and Bridge Precinct4-1 Will Smitt,Iandowner Code 81.005(a) for Fiscal Year 2025. - Tanner Crutcher, County Judge Page 1of6 VOLT TT PAGE 002 9. Discuss and take possible action to consider accepting labor, and or monetary funds from al landowner to adomton.ondmateials, in-kind inl Road and Bridge Precinct 4-1 Mark Branfley, County upgrade aportion ofCR 4310, situated Commissioner, Precinct4 10. Discuss and take possible action to consider approving al Memorandum (MOU) wifh West Deita Water Supply Corporation for the ofUnderstanding at 196FM1531, Klondike, Texas, 75448 to construct and loase ofreal property, located radio communications tower and the equipment required operate a 195' self-supporting authorize the County Judge or his designee to and to operate the tower site, and requireddocuments. - Tanner Crutcher, County. sign execute the agreement and all Treasurer to sign the Designation of Account ratify the County Judge and County Subrecipient's Agent form (DSA), Direct Deposit. Authorization Approval (DDA), Designation of DR4781 Grant Terms and Conditions, and IRS Form W-9 related Form (DDA), TDEM's Judge 11. Discuss and take possible action to authorize and application under the DR-4781 -May Severe Storms tot fhe Texas Division ofBmergency 12. Discuss and take possible action to authorize and and sign the agreement(s) and all required to Delta County's Publio. Assistance Grant Application Management-: Tanner Crutcher, County. Judge Counties Healfh and Employee Benefits Pool (TAC approve the Texas Association of 2025: for Delta County and authorize the County HEBP) plan renewal for Plan Year Judge and County Treasurer to execute documents - Tanner Crutcher, County Judge 0 13. Bring firom the table, discuss and take possible action to transition from an exempt or non-exempt employee -Debbie Huie, County Treasurer 14. Bring from the table, Discuss and take possible action to construct underground: fiber-optic utility lines on the: a, CR1150, PID: 3582178 b. CRI170/CR: 1177, PID 3582178 C. CR1182, PID 3582178 d. CR1190/CR1 1145,PID3582178 . CR1 1180, PID3 3582178 procedures for the payment of discretionary leave accruais, consider fhe policy and ff any, for employees who position to an eleoted official position Spectrum Gulf Coast, LLC, the applicant, and Sunrise Telecom consider a request(s) from Ino., the contractor, to following countyroads: 15. Discuss and take possible action to consider the installation of utilities in the county revoking all previous permit approvais for LLC, the applicant, and Sunrise Telecom right-of-way submitted by Spectrum GulfCoast, fiber-optici utility lines on thei following Inc., the contractor, to construct underground a. CR.4325/CR4330, ,PID: 5018236 county roads; b, CR.4626, PID: 5018236 C. CR.4620, PID5018236 d. CR.4390/CR4 4624, PID3494252 e. CR4 4620, PID3494252 O Page2of6 VOLTT PAGE 003 f. t CR4625, PID3494252 - CR4 4399, PID3494252 h. CR1151,PD3582178 16. Discuss and take possible action to publicize the date of the public hearing for the County/District Clerk's Records Archive Pian as September 24, 2024 at 9:00 a.m, - 17.Discuss and take possible action to approve a membership to the Tex-21, an economic development and transportation consortium, for the amount of $2,500 and authorize payment of a membership invoice in the FY 2025 Adopted Budget and authorize the County Judge to execute all required documents - Tanner Crutcher, County. Judge 18. Discuss and take possible action to consider approving Road and Bridge Precinct 1 to compensate Lamar County Road & Bridge Precinct 1, an amount not to excesd $1,5000, in in-kind materials and/or monetary funding for Lamar County Precinct 1's hauling of 19. Discuss and take possible action to update the Commissioners Court on Courthouse a. Consider the approval of a quote for the replacement ofwindow blinds ini the! 2nd b. Consider the approval of a quote for the installation of an HVAC: in the 4th floor Consider the approval of a quote: for the weatherproofing and waterproofing work in the 4th floor elevator control: room oftheDelta County Courthouse. Janice Roberts, County/District Clerk road materials for facility repairs and: related projects. - Tanner Crutcher, County Judge Floorl District Courtroom oft the Delta County Courthouse. elevator control room ofthe Delta County Courthouse. 20. Discuss and take possible action to consider approving an. Interlocal Agreement between Delta County Precinct 3 and the City of Pecan Gap, Texas related to road and street maintenance labor on oity streets and roads within the City of Pecan Gap, Texas and authorize the County Judge and County Commissioner of Precinct 3 to execute and sign 21. Discuss and take possible action to adopt a resolution designating a disaster recovery management gervice provider to complete application and proipatimplementation for the Federal Bmergency Management Agency (FEMA) Public Assistince (PA)/Hazard Mitigation Assistance (HMA) funding administered by the Federal Emergency Management Agency, Texas Division of Emergency Management and/or Texas Water 22. Discuss and take possible action to consider approving a Resolution authorizing the purchase of a 2024 Chevrolet Silverado pickup truck for the Delta County Constable's Office, including associated equipment, using FY 2025 budgeted funding and authorize the financing of the purchase for a term not to exceed 6-years from Government Capital Corporation a financial institution, and authorize the County Judge and Constable to execute and sign ali related documentation and agreements. The current Chevrolet' Tahoe the agreement- Anthony Roberts, County Commissioner, Precinct3 Development: Board- Tanner Crutcher, County Judge Page 3of6 VOL TT PAGE 004 PPV used by the Constable's Office will be transferred to the office - Elmo Robinson, Constable 23. Sheriff's. Jail Report-Marshel!! Lynch, Sheriff session to discuss the: following matters: County Fire Marshal's 24. Discuss and take possible action, the Commissioners Court to convene into executive a, Pursuant to $551.071 of the Texas Government Code, to consult with legal counsel regarding litigation related to the matter ofTexas OpioidLitigation, County Purdue Pharma, Inc., et al., in the 152nd District Court of1 Harris County, ofDelta Master Cause No. 2018-63587 7-7 Tanner Crutcher, County Judge b. Pursuant to $551.072. of the Texas Govemment Code, to deliberate the purchase of real property located at 250 West Dallas Avenue, Cooper, Texas, 75432 or otherwise described as Delta County Appraisal District Property I 5945, Legal Description Old Town Cooper, Biock 30, Lot 1, Acres .5354, AbstractSubdiviion: 2090- Old a, Pursuant to $551.087 of the Texas Government Code, discussion and consultation regarding economic development matter regarding renegotiation opportunities and proposed amendments on existing Chapter 312 Agreements 1 Tanner Crutcher, 25.Discuss and take possible action to reconvene back into open session - Tanner Crutoher, 26. Discuss and take possible action on items discusged in executive session related to the a. Setflement offers or other necessary action in the matter ofTexas Opioid Litigation; in the 152nd District Court of Harris County, Texas; MDL Master Cause No. 2018-63587, including consideration of authorizing the County Judge or other authorized officials to execute the Settiement participation and release forms regarding setflement offers from defendants in the matter of Texas multi-district litigation for the County in the matter of County ofDelta V. Purdue opioid b. Discuss and take possible action to approve a Resolution to Authorize the Judge and County Attorney, or their designee(s) to publicize the intent to County real property located at 250 West Dallas Avenue, Cooper, Texas, 75432 or purchase Old Town Cooper, Block 30, Lot 1, Acres .5354, Abstrac!Sabdivision: 5945, Legal Description 2090 Town Cooper, and to sign all documents necessary to execute the publication - Old V. Texas; MDL Town Cooper County Judge County Judge following: Pharma, LR et al.- Tanner Crutcher, CountyJudge described as Delta County Appraisal District Property I intent toj purchase the hamautadppaty-lame Crutcher, otherwise ofsuch County Judge Page4of6 VOLTT PAGE 005 5 Discuss and take possible action to consider approving a Resolution authorizing the termination of the tax abatement agreement dated January 27, 2021 between Delta County, Texas and Estonian Solar, LLC, formerly known as 249 RD SME, LLC- Tamer Crutcher County. Judge and Jeff Snowden, Capex Consulting Group 27.Discuss and take possible action to issue one debit card to the Sheriff ofDelta County, Marshall Lynch, for the Delta County Sheriff's Office's Commissary Fund account from 28, Discuss and take possible action to authorize the issuance of two (2) county credit cards 29.Discuss and take possible action to review and authorize the issuance of a request for proposais (REP), draftedby the County Attornsy orl his designee, to solicit the services of areal estate broker to sell real property owned by the Delta County Sheriff's Office located at 1121 SW Ist Street, Cooper, Texas, 75432 (Delta County Appraisal District Property D: 6508) in accordance with' Texas Local Government Code $263.008 - Tamer First National Bank- Cooper-Marshal! Lynch, Sheriff to SheriffMarshall Lynch - Marshall Lynch, Sheriff Crutcher, County Judge 30.Adjourn The Commissioners Court reserves the rightt to adjourn Into Executive Sassion at anyt time during the course ofthis meeling to discuss any oft the malters listedi In this agenda, In the order deemed appropriate, as authorized! by Chapier 551, Opan Meetings, Texas Goverment Code, Sectlons 551.071, 551.072, 551.0725, 551.073, 551.074, 551,0745, 551.075, 551.076, and 551,087, 551.089, 551.091, ort to ssek the advice ofl lis allorney andlor ofher alfomeys representing Delta Gounty on anymatler In whichi the duly of the attomeyt toi fhe Commissloners Court under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas dearly conflicis with chapter Inaccordance with Tilel Illc ofthe American with DiIsablllties Act, we Invite all attendees to advise us of any special accommodations duet fo disabllly. Please submlt your request to the County Judge's ofice as far as posslble In 0 551 ofthe' Texas Government Code or as otherwise may! be permlted under chapter 551. advance oft the meeting! you wish to atlend. Signed this 6th day of September, 2024 - h Tanner Crutcher, CountyJudge Delta County, Texas I,theundersigned Counly Clerk, do! hereby cerlfy that the above Notice oft the Regular Meellng ofthe! Delta County Commissioners Courti Is at true and correct copy ofi the said Nolice, thatirecelved: saldl Nolica, and! Itwas postedat the doors ofthe! Delta County Courthouse, ap place readly accessible fo the general publlc at all fimes on the. day of 2024 at and sald Notice remained so posted continuously for atl least 72h hours preceding the schedule time oft the meeting. Page! 50 of6 VOLTT PAGE 006 obut e Comnty/DiatictClerk Delta'County, Texas DIETA Page 6 of6 VOLTT PAGE 007 DELTA COUNTY COMMISSIONERS COURT MINUTES Notice is hereby given that a régular mheeting of the Delta County Commissionérs Contt was held on Tuesdav. the27th day ofAugust. MA0OAM.inmecivi Couoil Chambers atthe City ofCooper Citv Hall.Jocated at 91 North Side Square. Cooper. Texas. 75432, THOSE THEY WERE IN ATTENDANCE; Tanner Crutcher, County Judge Morgan Baker, Commissioner, Precinct 1 Seth Cox, Commissioner Precinct 2 Anthony Roberts, Commissioner Precinct: 3 Mark Brantley, Commissioner, Precinct4 . Call fo Order, Establishment of a Quorum, and Declaration of Public Notices Legally Posted Pursuant tot the Open Meetings Act. Texas Government Code. Chapter 55J. Meeting was called to order by Judge Tanner Crutcher @ 9:00 am a. Pledge of Allegiance was led by Judge Tanner Crutcher b. invocation was given by Commissioner Seth Cox i. United Statès ofAmerica Flag ii. State ofTexas Flag 2. Public Comments None (The Commissionery Court shall allow public comment with the submission ofa.Pablic Participation.Form to Hhe Comly/District Clerkprior to the start afthe meeting, The Cour! isunable to deliberate 01 mon-agenda ifems. Tyou desire to reques! a matter" 012 afutre agenda, you may miake the reguest lo a member of the Commissioners C'ourt. Publiv: comment will be governed bythe adopted Rules of Procedure, Conducl, and. Decorum.) 3. General Amnouncements September 2nd Courthouse will be closed for Holiday, Tax Office is up and running with new software 4. Proclamations None 5. Discuss and take possible action related to the approval ofthe minutes forthe following: a. August 9,2024 Special Meetingofthe Delta County Conimissioners' Court Commissioner Baker make the motion to approve the minutes for August 9th, 2024 Special meeting, as presented to the court and COURT VoTE-STO-AVE-MVET, MOTION CARRIED Commissioner Cox Second VOLATI13.20241 Regular Meeting gft the Delta Couinty COAGE:008 Commissioner Baker make the motion to approve the: minutes for August 13th, 2024 Regular meeting, as presented to the courtand Commissioner COURTVOTES-STO0 -AYES HAVEIT, MOTION CARRIED Discuss and take possible action toapprove and ratify the payment offinancial including claims. payroll and personnel expenses. and bills. Commissioner Baker make the motion fo approve to pay all financial obligations, including claims, payroll and personnel expenses with the adjustmenf of holding invoice from Cy Carter for Precinct 3 as presented to COURT VOTES- 5TO0-AYES HAVE IT, MOTION CARRIED. Cox Second obligations. the court and Commissioner Brantley Seçond 7. Bring from thet table, discuss and take possibleaction to receive the presentation ofa and msdeayigiherv.02. and] FY2023 extermalfinamcialaudit reports byl Mike Ward Commissioner Brantley make the motion to approve the presentation and accept FY 2022 audit reportand the waiying of the fee for1 this audit as presented to the courtand Commissioner Roberts Second COURT VOTES- 5 TOO-AYES HAVE IT, MOTIQN CARRIED, Commissioner Brantley make the motion to approve the presentation and accept FY: 2023 audit report and the waiving of the fee for this audit as presented to the court: and Commissioner Cox Second COURT VOTES - 5TOO -A AYES HAVE IT, OTION CARRIED Accounting & Financial Consulting Mike Ward. CPA' 8. Bring from the table, discuss and take possible action to consider the approval of budget line-ltem transfers for AgriLife Extension to include $2,200 from 010-665- 428 CEA- AG/NR Education/Tave! to OI0-665-570 Capital Investments - Lisa Commissioner Cox make the mption to approve the budget line-item transfer for AgriLife Extension to include $2200.00 from Education/Travel to Capital nvestments as presenfed to the court: and Commissioner Baker COURTVOTES- 5TO0-AYES HAVE It, MOTION CARRIED. Commissioner Cox make the motion to approve the budget line-item transfer for Agrilife Extension to include $17,829.58 from Non- Deparimental to Ag Extension as presented to the courtand COURTVOTES-ETOO-AVE: HAVE It, MOTION CARRIED. Sprague, FCH County Extension Agent, Texas A&M AgriLife Second Commissioner Baker Second 9. Bring from the table, discuss and take possible action toconsiderthe policy and procedures-for fhe payment of discretionary leave accruals, ifany, for employèes who transition from an exempt or non-exempt employee position toa elected official position -Debbie. Huie. Commissioner Baker make: the motion to approve to tajple this item until legal advice is obtained as presented to the court and Commissioner Cox treasurer Second County COURT VOTES - 5TO 0 - AYES HAVE IT, MOTION CARRIED. 4y" VOLTT PAGE 009 IO. Discuss and take possible action to authorize the sale @fsurplus county property by the Road and Bridge Precinct 2 via online auction. pursuant to $263.152 of the Texas Local Government Code. and. authorize the publication of a public notice in the, newspaper qf general circulation. The Cooper Revièw, of such sale. in acoordance with $263.153 ofthé Texas Local Goverment Code - Seth Cox, County Commissioner, Precinct2 Commissioner Brantley make the motion to approve the sale of surplus property by the Road & Bridge Precinct 2 and to authorize the publication in the newspaper as presented to the court and Commissioner Roberts Second COURT VOTES-5TOD - AYES HAVEIT, MOTION CARRIED. 11..Discuss and take possible action to comidérappovingamaste, professional services agreement (MPSA) wifh Gradient Sglutions Corporation: for professional. setvices, including but not limited to, financial risk management. budget process improvémient. and capital improvement budgeting, and authorize the County Judge to execute and sign the agreement-Tanner Crufcher C Commissioner Cax make the mation to approve a master professional services agreement (MPSA) with Gradient Salutions Corporation for professional services and to authorize, the County Judge to. exécurte and sign the agreement as presented to the courtand Commissioner Baker Second, COURT VOTES- 5TOO -AYES HAVE IT, MOTION CARRIED, 12. Accept as. a matter of record and record into the minutes of the Commissioners' Court, an Order fromi the 62nd Judicial District Court of Texas ordering the salary of the Official Shorthand Report for the 62nd Indicial District Court be hereby fixed at $8,016.34 per 13. discuss and take. possible action to consider a request(s) from Spectrum Gulf Coast. LLC, the applicant. and Sunrise Telecom Inc.. the contractor. to construct underground fiber- optic annum beginning October I, 2024 - Tanner Crutcher. County Judge NOACTIONI INEEPED utility lines on the: following county roads: .CR1150.. PID3582178 b. CR 1170/CR. 1177,PID3582178 C.CR.1182, PIO3582178 d. CR1190/CR1145,PID3582175 CR1180,PID3582178 Commissioner CoxT make the motion to table this item untit previous issues have been resolved in Precinct 2 as presented to the court and COURT VOTES- 5 TOO - AYES HAVE IT, MOTION CARRIED. Commissioner Baker Second 14.Discuss aind take possible action on the approval of an Order prohibiting oltdoor burning (implementing a. bum ban) for the unincorporated areas. of Delta County, pursuant to $352.081 of the Texas Local Government Code- Duahe Sprague, County Fire Marshaf! Commissioner Baker make the motion to approve the Order prohibiting outdoor burning as presented to the court and COURT VOTES- 5TO0- AYES HAVE I,IMOTION CARRIED. Commissioner Cox Second VOL TT PAGE 010 15.Discuiss and take possible action to consider the approval ofa Resolution regarding Jim Chapman Lake Highway Signage Chapman. Lake Highway Signage Judy Thompson court and Commissioner Cox Second regarding Jim I Commissioner Baker make the motion to approve the Resolution presented to the COURT VOTES- 51 TOO- AYES HAVET IT, MOTION CARRIED. 16/Discuss and take] possibleaction to mpdate the Commissioners repairs and related projects - Tanner Cratcher, County Judge Courton Courthouse facility County Judge has received a quote on the repairs for the road the eastside ofthe courthouse for $112,000.00, pay half. Crane will be onsite 09/10/24 to start repair oh elèvator, seal offe elevator room on the 4th floor. on whichiwe would 17.Sheriffs. Jail Report-Marshall Lynch, SimdifTolalofizimmatas 18. Discuss and take possible action, the Commissioner Court to conyene session to discuss the following matters: Pursuant to $551.071 ofthe Texas into executive Code, to consult with legal counsel regarding litigation related to the matter Government of Texas Opigid Litigation, County of Delta V. Purdue Pharma, Inc., et in District Court of Harris County, Texas; MDL Master Cause No. d., the 152nd waiting for TDGJ transfer in jail, 3 2018-63587 -Tanner Crutcher, County Judge NO ACTION NEEDED 19 Discuss. and take possible action to reconyene back into County Judge NO ACTION NEEDED open. session - Tanner Crutcher, 201 Discuss and take possible action on items discussed in executive session related to following: Settlement offers or other necéssary action in the matter of Texas the Litigation; in the 152nd District Court of Harris County. Texas: MDL Master Çause Opioid 2018-63587. including consideration of authorizing the authorized officials to execute the Settlement settlement offers from defendants in the matter participation of for the County in the matter of Commey Crutcher, County Judge NO ACTIOM NEEDED No, County Judge or ofher and, release forms regarding Texas opioid multi-district litigation ofDelta V. Purdue Pharma, L.P. et al. - Tanner 21 Conduct a budget development workshop for the Fiscal Year Crutcher, 2025 Budget - Tanner County Judge added 62nd District Court Reporter Salary, increase prisoner food, reduced Agrilifé Extension amount, added software sociaf media, K-9 added, and VOL TT PAGE 011 22 Discuss and take neçessary action to conduct aj public hearing onj proposed incteasés of salaries, expenses, and other allowances pfelected county or precinct officers pursuantto Chapter 152-oft the Texas Local government Code -Tan er Crutcher, Connty Judge Commissioner Bakèr make thé motion to open the public hearing at 10:06 am as présented to the court and Commissioner Cox Second COURT VOTES- 5 TOO- AYES HAVE IT, MOTION CARRIED, ICommissioner Cox make the motion to close the public hearing at 10:07 am as presented fo fhe court and Commissioner Roberts Second COURT VOTES-5TO0-AYESHAVE: IT, MOTION CARRIED. 23 Discuss and take necessary action to conducta public hearing on the Fiscal Yeat 2025 Popsadadgekpusgunt to SI11.007 ofthe TexasLocal Government Code-Tamner Commissioner Branfley make the motion fo open the publtc hearing at 10:08 am as presented to the court and Commissioner Baker Second COURT VOTES - 5TOO-AYES HAVE IT, MOTION CARRIED. Crutcher, County Judge Commissioner Cox make the motion to ciose the public héaring at10;09 am as presented to the court and Co missioner Roberts Second GOURT VOTES-6TOD-AYES HAVE IT, MOTION CARRIED, 24 Discuss and take necessary action to conduct aj public hearing on PoposdTaatfertanx a. General Fund Maintenance and Operations proposed tax raté of$0.429329 per b. Road: and Bridge Maintenance and Operations proposed tax ràté of$0.089328 per ICommissioner Brantley make the motion to ppen the public hearing at 10:10 am: as presented to the court and Commissioner Roberts Secpnd COURT VOTES- 5TOC D- AYES HAVE IT, MOTION CARRIED. Commissioner Cox make the motion t1 to close the public hearing at 10:11 am as presented to the court and Commissioner Baker Second COURT )fear2024: for Fiscal Year2025 fort the following: $100 valuation on taxable property $ IOO valuation on faxable property VOTES - 5 TOO-AYES HAVE IT,MOTION CARRIED, 25, Discuss and take possible action to set the salaries, expenses. and other allowances of elected county or précinct officers for Fiscal Year20-5, by Ordet, purs4ant to Chapter 152: ofthe" Texas Local government Code -Tanner Crutcher, County Judge Commissioner Bakermake the motion to approve to setthes salaries, expenses and other allowances of elècted county or prechct officers as presented to the court and Commissioner Brantley Second COURT VOTES- - 5TOD-AYES HAVE IT, MOTION CARRJED. C VOLTT PAGE 012 26. Discuss andt take possible action to considert the: adoption ofthe] Fiscal Year Budget that Wass subjectt toand only afterthec conclusion ofthe required 2025 Proposed Order, including any changes as agreed, as the. Adopted Budget for Fiscal public Year hearings, by beginning on October 1,2024 and ending on September 30,: 2025, by record 2025, Commissioner Brantlèy make the motion to adopt of the Fiscal Year 2025 Proppsed Budget as presented to: the court and Commissioner Roberts Second COURT VOTES- 5TO0- - AYES HAVE IT, MOTION CARRIED. ta $111.008 and $111.009 ofthe' TekasLocal Government Texas Tax Code- - Tanner Crutcher, Caunty. vote, pursuant Code and Chapter 26 ofthe Judge By Record Vote: as follows: County Judge Tanner Crutcher-Aye Preçinct 1 Morgan Baker. - Aye Preçingt2 Precina3Anthony Roberts- - Aye Precinct. 4 Mark Brantley Ayé 27. Discuss and take possible action to consider fhe adoption of, General Fund Maintenance. and Operations Seth Cox-Aye the by Order, Delta County taxable (M&O) property tax rate for Tax Year 2024 on property at $0.429329 per $100 valuation. which is equal to the no-new-revenne rate. by record vote, pursuant to SII1.010 of the Texas Local Government Code tax Chapter 26. ofthe' Texas' Tax Code-' Tanner Crutcher, County. Judge Commissioner Brantley make the motion to adopt by Order, the Delta General Fund Maintenance and Operations (M&O) property tax rate for Tax County Year 2024 at $0.429329 per $100 valuation as presented to the court and COURTVOTES- 5TO0- AYES HAVE IT, MOTION CARRIED. and Commissioner Roberts Second By Record Vote: as follows: County Judge Tanner Crutcher-Aye Precingt 1 Morgan Baker. Aye Precinct2 Precinct3. Anthony Roberts. - Aye Precinct Seth Cox- Aye 4Mark Brantley - Aye 28, Discuss and take possible action to consider the adoption of, by the Delta Road & Bridge Maintenance: and Operations (M&O) property tax Order, rate: for Tax Year Couhty 2024 ontaxableproperty: at$0.089328 per $I00 valuation, which isequal tot theno-iewe-revenue taxrate, by record vote, pursuant to $I11.010 oft the Texas Local Government Code and Chapter 26 ofthe Texas Tax Code Tanner Crutcher. County Judge ICommissioner Baker make the motion to adopt by Order, the Delta Road & Bridge Maintenance and Operations (M&O) property tax rate for County Tax Year 2024 at 40.089328 per $100 valuation as presented to the court and COURT VOTES- 5TOD- AYES HAVE IT, MOTION CARRIED. Commissioner Cox Second By Record Vote as foilows: County Judge Tanner Crutcher - Aye Precinct 1 Morgan Baker - Aye Precinct 2 Precinct3 Anthony Roberts-. Aye Precinct. 4 Mark Brantley - Aye Sefli Cox-i Aye VOLTT PAGE 013 29. Discuss and take possiblegction to approve the imposition of Optional Fees for calendar year 2025. pursuant toChapter: 502 the' Texas Transportation Code, including County Road. and: Bridge Fees (Texas Transportation Code $502.401), Child Safety Fee (Tèxas Tramsportation Code $502.403) Dawn Moody, Tax Assessor/Collector ICommissioner Cox make the motion to approve the Optional Fees for FY 2025 on the County Road & Bridge Fees as presented to fhe court ànd Commissioner Raberts Second COURT VOTES- 5TO 0- AYES HAVE IT, MOTION CARRIED. 30. Discuss and fake pbssible action to consider the appointment of election judges for county election precincts, pursuant to Texas Elections Code $32.002(a) - Janice Roberts, Commissioner Brantley make the motion to approve the appointment of election judges for the county election precincts for a 2-year term as presented to thé court and Commissioner Brantley Seçond COURT VOTES- 5TO 0-AYES HAVE IT, MOTION CARRIED. Comnty/Districtclerkx 31. Discuss and take possible action to approve fhe notice of the appointment of signature verification committees and the appomtment of the early voting ballot board - Janice ICommissioner Cox make the motion to approve the appointmentof signature verification committee and appointment of early vofing ballot board for à 2-year term as presented to the court and Commissioner COURT VOTES- 5TO0-A AYES HAVE IT, MOTION CARRIED Roberts, County/District Clerk Baker Second 32. Adjourn@ 10:26 am Commissioner Bakerl make the mofionto adjourn this meefing COURT VOTES- 5 TOO AYES HAVEI IT, MOTION CARRIED and Commissioner Cox Second # GanPeaise Janice: Roberts, County /District Clerk Delta County, Texas VOL1 TT PAGE 014 THIS IS TO CERTIFY THAT I, JANICE ROBERTS, COUNTY CLERK DO HEREBY CERTIFY TO THE CORRECTNESS OF THE COMMISIONER MINUTES FOR REGULAR MEETING ON AUGUST 27th, 2024. ON THIS DAY Dorsabakcma THE A TANNER CRUTCHER, COUNTYJUDGE M MORGAN BAKÉR, R COMMISSIONER. PCT.1 SETH COX, COMMISSIONER. PCT.2 HB ANTHONY ROBERTS, COMMISSIONER. PCT.3 Iak MARK Biauths BRANTLEY, COMMISSIONER. PCT.4 I ROBERTS, COUNTY CLERI Rs VOLTT FUND DESCRIPTION 010 GENERAL FUND 021 ROAD 6e BRIDGE PCTHS 22 ROAD & BRIDGE PCTH2 23 ROAD BRIDGE PCTI3 ROAD & BRIDGE PCTH4 TOTAL, OF ALL FONDS PAGE 015 SCBEDULE OF BILLS BY FOND DISDURSEMENTS 29,125.15 37,198.50 THE FRECEDING LIST or BILLE PAYABLE WAS REVIEAED AND APPROVED POR PAYMENT BY COMPISSIONER'S COURT. 9-1D-29f TANNER CROTCHER MORGAN BARER, SETH coX ANTHONY ROBERTS MARK BRANTIEY DEABIE HOE Ms Sts STATE COKATT S COUNTY OFDELTA S S PAGEC016COuRT ORDER! 2024-09-10-01 COUT ORDER OF THE COURT ORDER DESIGNATING THE. DAY OF THE WEEK. AND LOCATION ATI WHICH COMMISSIONERS COURT WILL CONVENE! FOR REGULAR TERM Pursuant to Section $81.005(a) ofthe Texas Local Government ofeach: fiscal year the Commissioners Court by order shall the court shall convene: in ai regular term each month THE DELTA COUNTY 2025, BEGINNING OCTOBER 1, 2024 AND ENDING MEETINGS FOR FISCAL YEAR SEPTEMBER 30, 2025 Code, at the. lastregular term designate a day ofthe week. on which during the: next fiscal year. Itisl hereby Ordèred by the Delta County Commissioners the second each month ofeach month shall be designated ast the day ofthe week in and: fourth Tuesday of observed, holiday ofDelta County, Texas, in which the: meeting, next unless the regular term date is an Courti further Ordèrs that the terms and regular meetings convene. oft The the Delta County Commissioners held int the County Seat at the Delta County Courthouse, 200 West Commissioners. Court shall be Commissioners Çourtwill convene in a regular term the date in which the Commissioners Court will Texas, 75432, Second Floor Courtroom. Itis furfher Ordered that additional special called and held in Fiscal Year 2025 as the need meetings arises. number ofa anticipated attendees, and/or for general which the Delta County business day will be designated as 3 Dallas. Avenue, Cooper, Commissioners Court may be the public, to seat a larger ofthe convenience. may be changed from the location stated above to. accommodate Furthermore, the location of any meeting Regular termi meetings. ofthe Delta Connty Commissioners Court shall following days in Fiscal Year 2025: Tuesday, October 8, 2024 Tuesday, October 22, 2024 Tuesday, November 12, 2024 Tuesday, November 26, 2024 Tuesday, December 10, 2024 Friday, December 20, 2024 Tuesday, January 14, 2025 Tuesday, January 28, 2025 Tuesday, Februàry 11, 2025 Tuesday, February 25, 2025 Tuesday, March 11,2025 Tuesday, March 25, 2025 coivene ont the Tuesday, April 8,2025 Tuesday, April 22, 2025 Tuesday, May 13, 2025 Tuesday, May y27,2025 Tuesday, June 10, 2025 Tuesday, June 24,2025 Tuesday, July 8, 2025 Tuesday, July 22,2025 Tuesday, August 12, 2025 Tresday, August 26, 2025 Tuesday, September 9, 2025 Tuesday, September 25, 2025 Pagelof2 VOLTT PAGE 017 ORDERED AND ADOPTED, this /o day of Sokmby2024 A Tanner Crutcher, County Judge MA Morgan Bakér, Commissioner Precinal s Seth Cox, Commissioner Precinct 2 Mak , Bianth MatkBrantley, Commissioner. Preginct 4 Anthony Ab Commissioner Precinct3 County/District Clerk Go 3 0 Page 2of2 VOL TT PAGE 018 CR45/0 HODFT To ppactyLihe ScmiLoad 24Tonis 000ATow 3A60 AVAE W0OALoad 8 7680.00 ) -for BAS DEEP BLosds of TepRock H"Dacp HD.0OATON 960,00 %8 7hgh00 2480D0 15360.00 To7n7 VOLTT PAGE 019 IN THE GOMMISSIONERS COURT OF DELTACOUNIKTIXAS AGREEMENT FORDONATION OF And REIBASEOPIIABILITY MATERIALS FORROADSIN: DELTA COUNTY, TEXAS BE IT REMEMBERED, that on the 10th day of September 2024 came on to be considered the donation of Road Building Materials to Delta County, Texas, by as the Donor. After careful consideration, the Commissioners Gourt of Delta County, Texas, has determined that the donation, described as the owner thereof, hereinafter referred to follows: is suitable to aid road building or maintenance and that the application of said donation to the benefit of county roads would improve the all-weather capabilities BE IT THEREFORE ORDERED, ADJUDGED and DECREED, that the donated 8282. Donors should report such donations on IRS form 1040, Schedule A, or In return for the donation ofmaterials by the Donor named above, Delta County, Texas, acting by and through its Commissioners Court and its officers and employees, has determined that such materials shall be utilized to conductrepairs and to perform maintenance upon County Road 4810. In this regard, the donation of material shall constitute satisfactory consideration sufficient to support a donation pursuant to $251,019 of the Texas Transportation Code, V.A.C.S. To this end, the County also releases the Donor of liability arising from the donation of materials for the performance of repairs and maintenance upon the identified ofsaid: roads, and thereby serve a public benefit. item has a: reasonable cashi market value of$ more than $500.00 will be reported by (Donations valued at County to the IRS on form IRS Form 8288.) County road. Executed this IOth day of September, 2024. APPROVED BY: DONOR: Donor Accepted by: CountyJudge VOL TT PAGE 020 V.T.C.A., Transportation Code S: 251.019 $251.019. Donations Effective: September1,2013 Currentness (a). A commissioners court may accept donations ofi Inbor,.money, or other to roads, cuiverts, orbridges in fhe county. property. aid in the buildingormmintaining of (b). A county operating under the county road depariment system on September this section without holding a new election under Section 252.301. 1,2013, may use the authority granted under (C).A county-that acçents donations under this gection- must execute a.release of liability.in Iabor, money, orotherproperty. favor-of the entity donating tho a VOL TT PAGE 021 Office of the Attorney General State of Tezas *1 Opinion No. JC-0073 July 6, 1999 Re: Whether a commissioner's court may accept a donation conditioned upon spending the money to improve a particular dounty zoad (RQ 1171) The Honorable Rob Hofmann Mason County Attorney County Courthouse P.0. Box 157 Magon, Texas 76856 Dear Mr. Hofmann: You ask whether the Commissioners Court of Mason County may adcept, under gection 252.214 of the Transportation Code, a donation of $50,000 with the condition that the money be used to improve and pave a road in the dounty specified by the donor. We condlude that the commissioners dourt may acdept a donation for road building subject to reasonable conditions. It is a matter for the exeraise of good faith disaretion by the commissioner's couzt to determine whether the condition attached You state that a person owning property in Mason County contacted the county road superintendent offering to donate $50,000 to the county under the condition that the money be used to improve and pave a specific road within the Mason County Road System. Brief from the Honorable Rob Hofmann, Mason County Attorney, bo Honorable Dan Morales, Attorney General (July 27, 1998) (on file with Opinion Committee) Ihereinafter "Hofmann Brief"I. Neither the commissioners court nor the road superintendent has the paving of this specified road as a priority or even an option in the aurrent road plan. You also state that $50,000 would not pave the entire unpaved portion of the road, nor would it fund the maintenande of the road in the future, but the potential donor has stated that future donations for additional Section 252.214 of Ehe mspostation.cods applies to counties that have adopted the county road superintendent system set out: in Transportation Code, chapter 252, subchapter C. See Tex. Transp. Code Ann.s 252.203 (Vernon 1999) (commissioners court may adopt this subchapter by appointing a road superintendent for the county or one superintendent in each precinct) We assume that Mason. County has adopted this road system 8O that gedtion 252.214. applies to it. See also id. S 5 252.103, .109 (commissioners dourt or road commissioners of aounty under road commissioner system may accept donations of money, labor, or other property to aid in building or maintaining roads). Section 252.214 states that "Ia] commissioners court may aadept donations of labor, money, or other property to aid in building or maintaining roads in the county." Id. S 252.214. You believe that this section does not authorize the county to acdept money for a specific zoad, but only for "roads in the dounty" in general. You also state that the statute specifies that money may be accepted to to a particular donation is reasonable. paving and/or maintenance may be forthaoming. Id. "aid in building roads," not to be the sole source of money for a particular VOL TT PAGE 022 use a donation of money, aounty zoad. Finally, you point out that it is possible to unlilke a donation of land, anywhere in the *2 Sestion 252.2160F_the rmmstatien_cada does conditions may be attached to donations of court has only that authority exercise broad discretion aounty. Hofmann Brief, supra, at 3. not expressly state that think should be, construed more broadly than money, but this provision may. be, and we statutes, where a right is conferred specifically conferred by the constitution and 1941). Thus, section 252.214 is to be construed as 3A.A1AA-ILEN broad disaretion to carry out the purpose of road giving the commissioners court you suggest. While the commismioner's upon it, the court has implied authority to to accomplish the purposes intended. 2148.H.24.451. 453 (Tex. 1948); Anderson V. Wood, including discration to adaept donations of when this would help implement the Canalesv. Layghlin, building and road maintenance, money Bubject to reasonable conditions, aountyig road-building and maintenance duties. The interpretation of section_252.214 is consistent with the commisgioners dourt'g acceptance of donations of impravements in a particular location. In Behan the court referred favorably to the judicial decisions about money to be aged for V. Ghio, 12_9.W. 996 (Tex. 1889), the voters' deaision to locate the dounty's acceptande of donations conditioned on aounty seat in a partioular at_997. Contributions to individual voters ta secure their were found to be bribes in Robyv. Carter.25 S.W. 725 writ), but the court determined that "the money to a state, aounty, or public bribe to the ndividual voters." place. Behan, 12_8.W.. votes for a speaific site (Tex. Civ. ApP.1894.0 for donation of aid in the way of land or a particular place, is not considered a of public buildings or of a county Beat body, at the purpose of inducing the location (Tex. Cv.App.-Dallne 1921, no writ) addresses the location Iohson.2318.H. 859 commissioners decided to locate a road over a route us. that When a dounty board of road federal funding, rejecting its initial choice of the Jacobia qualified for state and was no evidence of bad faith on the board'g part in Johngon, 2318.HaE_R60. There Both routes had dertain merits, and the evidence showed rajecting the Jacobia route. Ta, route against the loss to the county road weighing the advantages of the Jacobia aid would entail. Id. "Not even the semblance system that the loss of federal. and state RaEBKETL. The deaision in Doard.of_Permament Road Commisnioners V. thus is aspecially relevant to the question before more people, the court found no abuge of discretion. patiently considered the entire situation, discoverable in the record." Id. In this of a dounty road and route that would Berve that the board carefully and of corruption or disregard of duty is matter, the exeraise of discretion meant: consideration and waighing of whatever entered as a factor "a detract from the general welfare of the county from road system for the entire county." Id. On the facts the of standpoint this exercise of discration permitted, LE it did not require, $106,000 of proffered aid." Id. *3 We condlude that a commissioners court, in a has authority under section 252.214 to to contribute to or of a permanent case, "a proper consideration of the good faith exercise of discretion, condition that it be used ta improve a accept a donation of money subject to the The availability of donated money for partiaular road in the county road system. not the only factor, for the court to improving a road is one factor, but certainly a particular county road. Tex. Transp. consider in deciding whether or not to improve county roads are public roads, built and Code_Ann. s 251.003 (Vernon 1999). The Robbing V. Limestone Cay.268..9I5 maintained for the use of the public. See entity. Grayon_County V, Harrell.202S.H. interest of any partioular individual or exercise its power to provide for the general good of the public, and not in improvement the 919_(Tex. 1925). The county is to of the publia roada for the 160.163 (Tex. Civ. Amp--hmarill.1918. writ refid) (dicta). * -s VOLTT PAGE 023 A commissioner's court may not accept a condition that is inconsistent with other law, such as provisions of the road law applidable to the aounty. Nor may the commissioners court delegate its decision-making authority to others. Id.; see also Clear Lake City Water Auth. Y. Clear Lake Utils. Co, 5495.1.21385.101 (Tes. 1977). In deciding whether or not to improve a particular dounty road, the commisaioners court should evaluate all factors in terms of their contribution to the county road system as a whole. See generally Tex. Att'y Gen. 10-98-087, at 6. A court will reverse a commissioner's court'g deaision to improve a particular county road only if the court "has acted arbitrarily, capriciously, gollusively, fraudulently, or otherwise in abuse of its disdretion." Hooten V, Enriquez, 863 You have mentioned various factors indicating that the dounty's adceptance of the donation to pave the county road in question would not benefit the Mason County road system. It is for the commissioners to evaluate these and all ather relevant matters and to deaide, in the exercise of good faith disdretion, whether to pave the road and to accept the donation to be used for that purpose. IE it makes this determination, the court may agree to accept the donation with the specified condition, the agreement subject to being overturned only for an abuse of discretion. Of courss, the commisaioners court may not agree to any condition S.W.24522. 528 IPex.App.-EL Paso 1993.owrit). contrary to relevant statutes or constitutional provisions. Summary A commissioners court has authority under gection 252.214. of the Transportation Code to accept a donation for improving a specific county road subject to reasonable conditions. It is a matter for the exercise of good faith discretion by the commissioner's court, subject to judicial review for abuse of discretion, to determine whether the condition attached to a particular donation is reasonable. Zours very truly, John Cornyn Attorney General of Texas Andy Taylor First Assistant Attorney General *4 Clazk Kent Brvin Deputy Attorney General - General Coungel. Elizabeth Robinson VOLTT Chair PAGE 024 Opinion Committee Prepared by Susan L. Garrison Assistant Attorney General Tex. Atty. Gen. Op. JC-0073, 1999 WL 499819 (Tex.A.G.) A 3 VOLTT PAGE 025 PVISK > - Texas Division of Emergency Management Subrecipient Agreement for TDEN-Administered Grant Awards Date-Revised: February 22, 2024 O VOLTT PAGE 026 Index Letter to Subreciplent. Subreclpient Information SubrecplentAgrement. III O VOL TT PAGE 027 Letter to Subrecipient Dear Subreciplent: Congratulations on your new award! The following document, In conjunction with the applicable State Administrative Plan (SAP) or Disaster State Administrative Plan (DSAP), lays out applicable laws, rules, and regulations set forth by local, State, and Federal authority that you, Subrecipient, agree to upon acknowledgement. Before you may request or receive any funding awarded to you, you must establish acceptance of this award. By accepting this award, you acknowledge that the terms of thei following document are conditions of your award. Please read this agreement in full. Acknowledgement by means ofsignature at the conclusion of the document, holds Subrecipient to the terms and conditions in the agreement. Failure to sign this agreement infringes on' the ability to obtain Federal awards, or state or local grant awards, administered through the Texas Division of EmergencyM Management. O I VOL TT PAGE 028 Subrecipient Information Entity Information Entity Name: EIN/TIN: UE!: Delta County 75-6000914 H5MSPK9AXSM1 UEI Expiration Date: 08/02/2025 Address Line 1: 200 West Dallas Avenue Address Line 2: City State Cooper Texas Zip( (+4) 75432 1724 Subrecipient Contacts Primary Contact Serves as the primary point. of contact for project(s). Name: Tanner Crutcher Email: cmicher@.elnoumyccom Position/Job Title: County Judge Phone Number: 903-395-4400 ext. 9301 Certifying Official Must Serves as the official representative-oft the possess the authority to obligate funds & enter into contracis" organization. for the organization. Name: Tanner Crutcher Emall: Ttiaer@salsumyczcom Position/Job Title: County Judge Phone Number: 903-395-4400 ext. 9301 Primary Finance Contact Serves as primary contact for all financial matters. Name: Debbie Huie Position/Job Title: County Treasurer Email: nue@delacounytr.com Phone Number: 903-395-9313 H VOLTT PAGE 029 DMSI Texas Division of Emergency Management Subrecipient Agreement for TDEM-Administered Grant Awards III VOL TT PAGE 030 Table of Contents Revisions State of the Agreement. AGREEMENT AUTHORITY. Agreement I. GENERAL TERMS. II. STANDARD OF PERFORMANC III. FALURETOPERFORM, IV. FUNDING OBLIGATIONS. V. RECOUPMENT OF FUNDS. VI. UNFORMADMNISTRATNE REQUIREMENTS, COST PRINCIPALS VII. STATEREQUIREMENTS: FOR GRANTS, VIII. RESTRICTIONS AND GENERAL CONDITIONS IX. PROCUREMENT CONTRACTING. X. MONITORING Xi, AUDIT.. XIV. ENFORCEMENT. XV. CONFLICTS OF INTEREST.. XVI. CLOSING OF THIS AWARD. XVII, NOTICES. XVIL. TDEM GRANTS MANAGEMENT SYSTEM. XIX. PERFORMANCE PERIOD XX. COSTISCOPEMODEECATON. XXI. FINALEXPENDITURES REPORT. XXII. NET SMALL PROJECT OVERRUN. XXIV. REQUESTS FORI REIMBURSEMENT. XXV. QUARTERLY REPORT REQUIREMENTS XXVI. EQUIPMENT RECORDS XXVI.FEMAPUBLIC/ ASSISTANCE PORTAL AND FEMA GO. XXVIII. INDIRECT CosT RATES. XXIX. REQUESTFOR! INFORMATION. AND AUDIT REQUIREMENTS 11 11 12 13 14 14 15 15 15 16 17 17 17 17 19 19 19 20 20 20 21 21 24 27 29 33 34 35 36 37 42 XII. RETENTION/ VAND ACCESSIBILITYOF RECORDS. XuII. CHANGES, AMENDMENTS, SUSPENSIONS OR" TERMINATION XXII. APPEALS. Exhibits EXHIBITA A: ASUPACr-IBMCANTRAUeTON EXHIBIT B: ASLUPACE-CONSRUCTION PROGRAMS.. PROGRAMS EXHIBIT C: CERTIFICATIONS: FOR GRANT AGREEMENTS. EXHIBITD: STATE OF TEXAS ASSURANCES. EXHIBIT E: ENVIRONMENTAL REVIEW.. EXHIBITF F: ADDITIONAL GRANT CERTIFICATIONS. EXHIBIT G: REQUEST FOR INFORMATIONPOLICY. EXHIBITH: PRE-OBLIGATION: REQUESTI FOR INFORMATION POLICY. EXHIBITI: RECOUPMENT OF FUNDS Grant Acknowledgement. Agreement and Signature. VOLTT PAGE 031 Revisions Rev. 1. Change from Authorized Agent to Primary Finance Contact information on the Rev.2. Inclusion of language related to subredplentrelmbusement for Recipient Subrecipient Information page, management cost. Pagel1 Terms and Condiions-Fabruary: 2024 VOLTT PAGE 032 State ofthe Agreement Agreement Authority This agreement applies to ail Department of Homeland Security Federal Management. Agency (DHS/FEMA) awards or other assistance awards administered by fhe Texas Division awarding of Emergency the right to seek Administrative Awards located at agency financial (TDEM). The federal government, the State of Texas, and Emergency TDEM have Management judiclal enforcement of these actions. Subrecipients are required to follow applicable provisions of the Unfform Requirements, Cost Principles, and Audit Requirements for Federal Title 2, Code of Federai Regulations (C.F.R.Part Part3002, as well as all other applicable policles, procedures, and executive 200, and adopted by DHS at 2C.F.R federal, state, and local laws, regulations, orders. By accepting this agreement, Subreciplent and fts executives, as defined $170.315, certify that the subrecipient's policies are in accordance applicable to federal, staterand local laws, and relevant executive with guidance agreement, consisting of these terms and conditions and all in 2C.F.R. guidance. This exhibits, is beiween the Texas Division of Emergency Management hereinafter referred to as TDEM, and (TDEM), an agency of the State of Texas, Subrecipient. TDEM and Subreciplent are collectively hereinafter referred made under this agreement are subject to the to as the parties. All awards additional provisions may be added by TDEM to same terms and conditions except where aforementioned authority. assure compliance with the Subrecipient may not assign or transfer any interest in this award consent OfTDEM and, frequired, DHS/FEMA or other without prior written awarding agency. Terms and Condltions. - February 2024 Page/2 VOL TT PAGE 033 Agreement - General Terms 1. The terms recipient and pass-through entily have the same meaning as grantee, as used in governing statutes, regulations, and DHS/FEMA guidance. 2. Throughout this document the terms grant and award will be used 3. Areciplent is a non-Federal entity for administration purposes. 4. Asubrecipient is known as a subgrantee as used In governing statutes, interchangeably. regulations, and DHS/FEMA guidance. through from TDEM to Subreciplent. 5. The grant referred to in this agreement is an award to the subrecipient passed 6. The "certifying official" Is the mayor, judge, or executive director authorized to execute these terms and conditions, and to submit changes of subrecipient agents. Contracted staff and/or vendors may assist the cerlifying official in completing related grant tasks but may not act in lieu of the certifying official. 7. Project and any subsequent versions for those projects accepted by Subreciplent and subsequently obligated or de-obligated by DHS/FEMA are 8. TDEM uses contractors to assist In administering subawards, both in communication with Subreciplent and the awarding agency. A subrecipients point of contact for all awards will be the assigned reglonal staff. TDEM may task various grant management tasks to contractors to work directlywith 9. Within 10 calendar days of any change, Subreciplent must notify TDEM of any change in Designated Subrecipient Agents as submitted during the execution of this agreement, and any subsequent changes submitted by Subreciplent In 10. In the event Subrecipient hires a consultant to assist them with managing its Publlc. Assistance and Hazard Mitigation grants (or other), they must be listed on the Designated Subrecipient Agent Form (DSA) and may not act in' lieu oft the designated agent. TDEM will direct all correspondence to the Subrecipient. The Subreciplent is solely responsible for sharing written communications with the consultant. The Subrecipient is the primary point of contact and must be considered subawards to this agreement. subreciplents. TDEM's Grants Management System (GMS). included in all decislon-making activities. Terms and Conditlons-F February 2024 Page/3 VOL TT PAGE 034 I. Standard of Performance Subreciplent must perform all activities as approved by TDEM and that is applicable grant/funding awards. Subrecipient must perform all activities in required in accordance with all ferms, provisions and requirements set forth in the 1. Assurances --Non-Construction Programs (Federal authority), hereinafter 2. Assurances - Construction Programs (Federal authority), hereinafter referred 3. Certifications for Grant Agreements (Federal authority), hereinafter referred 4. State of Texas Assurances (State authority), hereinafter referred to as Exhibit D 5. Environmental Review Certification (Federal authority), herelnafter referred 6. Additional Grant Cerlifications (State authority), hereinafter referred to as Exhibit including, the following exhibits: referred to as Exhibit. A as Exhibit B Exhibit C award, to to as Exhibit E F to as 7. Request for Information and Documentation Policy (State hereinafter referred to as Exhibit G authority), 8. Pre-Obligation Request for Information and Documentation Policy (State 9. Recoupment of Funds (State authority), hereinafter referred to as Exhibitl authority), hereinafter referred to as Exhibit H II. Fallure to Perform In the event Subrecipient fails to Implement and complete the project(s) and awarded, or comply with any provision-of this grant, TDEM for an amount not fo exceed the amount of this award Subrecipient and is liable to from receiving additional DHS/FEMA grant program funds program funds administered by the State of Texas until or any other grant other compliance or audit finding Is satisfactorily remedy specified In this grant. Failure to timely implement and may reduce future funding in additional DHS/FEMA and/or other complete projects approved may be barred repayment is made and any resolved, In addition to any other grant programs administered by TDEM. Terms and Condllions - February 2024 Page/!4 VOLTT PAGE 035 IV. Funding Obligations TDEM is not liable to Subrecipient for any costs incurred by Subrecipient that are not 1. Notwihstanding any ofher provision of this grant, the total of all payments and other obligations incurred by' TDEM under this award must not exceed the total cumulative award amounts listed on the subawards (projects and subsequent 2. Subrecipient must contribute the required cost share, also known as non-Federal 3, Subreciplent must provide supporting documentation that supports the totality of 4. In the event that" IDEM is required to continue to manage the subreciplents award after the Reciplents (TDEM) allocated state management funds have been exhausted, subrecipient agrees to reimburse TDEM for such costs necessary to close FEMA awards including the final recoupment of any funds due to FEMA allowable costs authorized under the applicable award. versions). share or match, listed on the subaward. funding requests in accordance with program policy. and/or TDEM and the State of Texas. V. Recoupment of Funds Subrecipient must refund to TDEM any sum of these award funds that TDEM and/or DHS/FEMA determines to be an overpayment to and/or has not been spent by Subreciplent In accordance with this award. Refund payment(s) may be made from local, state, or federal grant funds unless prohlbited by federal regulation or other Nothing in Exhibit -Recoupment of Funds shall limit TDEM's abllity to implement alternative remedies for which it has authority to resolve outstanding recoupments or to limit TDEM's ability to take immediate recoupment action(s) after notice of VI. Uniform Administrative Requirements, Cost Principals and Audit Requirements provision. required refundhas been made. ie Except as specifically modified by! law or this grant, Subrecipient shall administer this award through compliance with the most recent version of all applicable laws and regulations, including but notl limited to DHS/FEMA program legislation, federal awarding agency regulations, and the terms and conditions of this grant. Anon- exclusive list sanctioned by! Federal Authority is provided below (not all may apply In every project): Terms and Conditions- - February 2024 Page/5 VOLTT PAGE 036 a. Public 1 Law 93-288, as amended (Stafford Act) b. 44C.F.R., Emergency Management and Assistance 0.2 2C.F.R., Grants and Agreements d. Disaster Mitigation Act of 2000 e. Executive Order 11988, Floodplain Management Executive Order 11990, Protection of Wetlands g. Executive Order 12372, ntergovemmental Review of Programs and Activities h. Executive Order 12549, Debarment and Suspension - Executive Order 12612, Federalism Executive Order 12699, Seismic Design k. Executive Order 12898, Environmental Justice Coastal Barrier Resources Act, Public Law 97-348 m. Single Audit. Act, Public Law 98-502 n. Sandy Recovery Improvement. Act publications 0. Disaster Recovery Reform Act of201816 U.S.C. S 470, National Historic Preservation Act p. 16U.S.C. $ 1531, Endangered Species Act References q. FEMAprogram, publications, guidance, and policies VII. State Requirements for Grants Subreciplent must comply with all other federal, state, and local laws and applicable toi this award including but not limited to the laws and the promulgated In Texas Government Code, Chapter 783, Uniform Grant regulations - applicable version of the program State regulations and Contract Management (UGMS) at: updates), avallable at: assurances and certifications, and the most recent must, in addition to the Administrative Plan (and all effective tpsy/Adem.exas.aoy. Subrecipient comply and require each of Its subcontractors employed in the completion of the project to comply with all applicable regulations, executive orders, Office of Management and Budget statutes, (OMB) circulars, Terms and Conditions. - February 2024 Page/6 VOLTT PAGE 037 terms and conditions of this award and the approved application. Grantfunds must not be awarded to or expended by any entity which performs political palling. This prohibition does not apply to a poll conducted by an academic institution as part of the Institution's academic mission that is not conducted for the Award funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: 1. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement fori increased salaries for local governmènt employees; 2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office, Influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose, and using grant funds to influence the passage or defeat of legislation Including not assisting with the funding of a lobbyist, or using grant funds to pay dues to an organization with a registered 3. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using grant funds to compensate any employee who uses alcohollc beverages on active duty and Subrecipient may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an 4. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Subreciplent toi make every effort to attain key performance target levels associated with this grant, including performance mllestones, milestone time frames, and related performance reporting requirements; and 5. General. Appropriations Act, Art. IX, Sections 7.01 and' 7.02, and Texas Government Code $2102.0091, ,which requires that this award may only be expended IF Subrecipient timely completes and files jts reports. TDEM strongly encourages subrecipients to complete refresher training in federal procurement standards as variances from these standards account for the majority offunding de-obligation. TDEM will provide training or sources for subrecipients to attain training. Federal procurement training may be required of some recipients in advance offu funding or as a condition of funding and/or If additional monitoring is benefit of a particular candidate or parly. lobbyist; alconollcDeverage; deemed appropriate by TDEM. Terms and Conditions-F February 2024 Page17 VOL TT PAGE 038 VII. Restrictions and General Conditions DHS/FEMA grant funds must only ba used for the purposes lobbying, or intervention In federal regulatory or adjudicatory and must be consistent with the statutory set forth In this award not be used for matching funds for other authority for the grant. Award funds must addition, federal funds must not be used to sue the federal proceedings. In federal grants/cooperative agreements, government entity. this Grant. government or any other from any funds under 1. Federal employees are prohibited from directly benefiting 2. Ina accordance with 2C.F.R. $25.300, TDEM will not make a subaward unless Subrecipient has obtained a unique entity Identifier (UEI).. A UEI is required for System for Award Management (SAM) identify entities with which the federal government does registration to uniquely 3. Subrecipient maintains that it has registered at SAM.gov or other established site for contractor registration and entered TDEM-required federally information. Subrecipient shall keep current, and then review information at least annually. Subrecipient shall SAM database until the later of when It submits this keep information current in the or receives final award payment. Subrecipient subaward agreement or contract related to this agrees that it must not make any the the identifier business, and update the O grant's final financial report award without first obtaining the vendor or subawardee's mandatory UEI. See 2C.F.R. Part 25, Appendix A. 4. Subrecipient must report total compensation for each of the five most compensated executives for the preceding completed fiscal If highly At to Part 170). is applicable (2C.F.R. Subtitle A:Chapter1 1.F Part 170.Appendix yeari the following a. Subrecipient shall report whether Subrecipient recelved $25 million Federal procurement contracts or financial assistance Transparency Act per. 2C.F.R. $170.320. See FEMA Information Bulletin 350. or more in subject to the b. Subrecipient shall report whether 80% or more of Subrecipient's assistance. If Subreciplent answers "yes" to both revenues were from Federal procurement contracis or Federal annual gross shall report, along with subreciplent's UEI, the names questions, and total Subrecipient (see 7CER.629402012) for each of subrecipient's five most compensation compensated executives for the preceding completed fiscal Subreciplent shall report executive total compensation at SAM.gov. or other financial highly year. O federally established replacement site. Terms and Conditions. - February 2024 Page/8 VOLTT PAGE 039 5, By signing this grant, Subrecipient cerlifies that, if required, Subreciplent has registered, entered the required information, and shall keep information in the System for Award Management (SAM) database current, and update the information at least annually until the subrecipient submits its final financlal report, 6. Subreciplent agrees that it shall not make any subaward agreement or contract 7. Subrecipient must complywith Federal Executive Orders, 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible In their dealings with the Federal government 8. Ao completed direct deposit form from Subreciplent must be provided to TDEM, prior tor recelving any funds under the provisions of this grant. The direct deposit form is 9. Subrecipient shall maintain propertylnventory records which, at minimum, shall Include a description of the property, a serlal number or other identification number, the source of property, who holds title, the acquisltion date, the cost of the property, the percentage of federal participation in the çost oft the properly, the location, use and condition of the property, and any ultimate disposltion data including the date of disposal and sale price oft the properly. Subrecipient shall develop and Implement a control system to prevent loss, damage, or theft of property and Subrecipient shall investigate and document any loss, damage or theft of properly funded under this 10.DHS/FEMA and/or TDEM, through its authorized representatives, have the right at all reasonable tlmes to make site visits to revlew project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS/FEMA or TDEM on the premises of Subreciplent or a contractor under this grant, Subrecipient must provide and must require Its contraciors to provide all reasonable façilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay thework. Ai final physical site inspection for eligible scope of work and program compliance may be conducted after the subrecipient's Project or receives final payment. without first obtaining the subawardee's mandatory UEI. currently avallable at tpsy/Adem.iexas.ov. grant. Completion and Certification Report has been submitted. IX. Procurement Contracting Subrecipient shall comply with all applicable federal, state, and local laws and requirements, Including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Terms and Condiions-Fehruary 2024 Page19 VOL TT PAGE 040 award In accordance with 2 C.F.R. 200. 317-327 and Appendix to 1. All contracts executed using funds awarded under this award shali Administrative Requirements for Grants and Cooperative and (E-J). II Part 200 (A-C) contract provisions listed under 2C.F.R. 200.327 and Appendix II contain the (A), Uniform Agreements to State and Local Governments. 2. For each of the following types of procurement, activities must follow restrictive of federal, state, or local procurement. regulations: the most a. Micro purchase b. Small purchase Sealed bid d. - Competitive proposal under the other methods) e. Non-Competitive proposal (solely when the award of a contract is unfeasible 3. The State must approve the use of a noncompetitive procurement method. Federal regulations allow for noncompetilive procurements under certain circumstances, including when a non-state entity determines that immediate actions required to address the public exigency or emergency cannot be by a competitive solicitation. Fallure to foilow eligible procurement methods delayed result in ineligible costs. Other types of agreements for services must have State will approval prior to use or execution. A copy of the local procurement 4. Contracts attributed as Caglu-peremagedkost or percentage-of- construction-cos!" are explicitly prohibited by Federal procurement standards 5. Subrecipients must perform cost/price analysis for every procurement action 6. Subrecipients must negotiate profit as a separate element where required. 7. Subrecipients must not make any award to any party which is debarred or suspended, or is otherwise excluded from participation In the Federal assistance programs (Executive Order 12549. Debarment and Suspension). a. Subrecipient must maintain documentation validating review of debarment of eligible contractors. Evidence of non-debarment for vendors must be list X performance/debarr ed/ and submitted fori review. TDEM will not reimburse any expense fora must policy be provided to the State before initlai payment. are Ineligible for DHS/FEMA grant. and in excess oft the Simplified Acquisition Threshold. documented through SAM.gov and Terms and Conditions - February 2024 Page/10 VOL TT PAGE 041 debarred vendor or a vendor or Subreciplent that does not have a valid SAM.gov registration. 8. Subrecipients must comply with rules related to underutlized businesses (small and minority businesses, women's enterprises and labor surplus firms) at2 C.F.R$200.321, 9. Subrecipients must comply with the rules of recovered materials for procurements at 2 C.FRS200.323.10. Subreciplents must complywith the rules for domestic preferences for procurements at 2CF.RS200.322- X. Monitoring Subreciplent will be monitored periodically by federal, state, or local entities, both programmatically and financlally, to ensure that project goals, objectives, performance requirements, timelines, mllestone completion, budget, and other a. TDEM, or Its authorized representative, reserves the right to perform periodic desk/office-based and/or on-site monitoring of subreciplent's compliance with this award and of the adequacy and timeliness of subrecipient's performance b. After each monltoring visit, If the monitoring vislt reveals deficiencies in subrecipient's performance under this grant, a monitoring report will be provided to the subrecipient that Includes requirements for the timely correction of such deflclencies by subrecipient. Faliure by subrecipient to take action(s) speclfled in the monitoring reportmay be cause for suspension or termination oft this award pursuant to the Changes, Amendments, Suspensions or Termination Section (XIII) herein. program-related criteria are met. pursuant to this award. XI. Audit Subrecipients expending $750,000 or more in tofal federal financial assistance in a fiscal year will be required to provide an audit made in accordance with OMB Uniform Guidance; Cost Principles, Audit, and Administrative Requirements for 1. A copy of the Single Audit must be submitted to TDEM or your cognizant state agency within nine months of the end of the subreciplent's fiscal year. lfnot required to submit a single audit, a response toi the request wil suffice. Failing to follow the regulation can result in significant adverse consequences including any action listing In the Enforcement Section (XIV) of this agreement Federal Awards, Subpart F. Terms and Condtions- February 2024 Page111 VOL TT PAGE 042 Subreciplent must give DHS/FEMA, the Comptroller General oft the United States, the Texas State. Auditor, TDEM, or any of thelr duly authorized representatives access to and the right to conduct a financial or compllance audit off funds received, and periormances rendered under this award. Subrecipient must permit TDEM or its authorlzed representative to audit subrecipient's records. Subrecipient must provide any documents, materlals, or information necessary to facilitate such audit. 1. Subreciplent understands and agrees that it is liable to TDEM for any costs disallowed pursuant to any financial or compliance audli(s) of these funds. Subreciplent further understands and agrees that reimbursement to TDEM of such disallowed costs shall bey paid by Subreciplent from funds that were not provided or otherwise made available to the subrecipient pursuant to this award 2. Subreciplent must take such action to facilitate the performance of such audit(s) conducted pursuant to this section as TDEM: may require of Subrecipient. Subrecipient must ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subreciplent and the requirement 3. Subreciplent understands that acceptance offunds under this award acts as acceptance oft the authority of the State Auditor's Office to conduct an audit or investigation in connection wilth those funds. Subreciplent further agrees to cooperate fully with the State Auditor's Office's audit or Investigation, including providing all records requested. Subreciplent must ensure that this clause concerning the State Auditor's Office's authorlfy to audit: funds and the requirement to cooperate fully with the State Auditor's Office Is included In any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of or any other federal contract. too cooperate is included in any subcontract It awards. Subrecipient relating to this award. XII. Retention and. Accessibllity of] Records Subreciplent shall: follow Its own internal retention policy, or the State'sretention pollcy,whicheveri is more: restrictive.. Atar minimum, the subrecphemntmustmainain fiscal records and supporting documentation for all expenditures oft this award's funds pursuant to the appiicable OMB 2C.F.R. Subpart D- Post Federal Award 1. Subrecipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's objective, submission ofthe final expenditure: report, ora any litigation, dispute,or public Requirements. $200.334-338, and this agreement. audit. Terms and Conditions- - February 2024 Pagel1 12 VOL TT PAGE 043 2. Records shall be retalned for three (3) years after any real estate or equipment 3. DHS/FEMA or TDEM may direct subrecipient to retain documents or toi transfer certain records to DHS/FEMA custody when DHS/FEMA determines that the Subrecipient must give DHS/FEMA, the Comptroller General of the United States, the Texas State. Auditor, TDEM, or any of Its duly authorized representatives, access to and the right to examine all books,accounts, records, reports, files; other papers, things, or properly belonging to ori in use by subrecipient pertaining toi this award Including records concerning the past use of DHS/FEMAfunds. Suchrights to access shall continue as long asi the records are retained by Subreciplent. final disposition. records possess long term retention value. XIII. Changes, Amendments, Suspensions or Termination TDEM may modify this agreement after an award has been made.Once notification has been made in wrlting, any subsequent request for funds indicates Subrecipient's acceptance of the changes to this subrecipient award. Any alteration, addition, or Any alterations, additions, or deletions to this agreement that are required by changes in federal and state laws, regulations, or policy are automatically Incorporated into this agreement without written amendment to this award and shall become effective upon the date designated by such law or regulation. In the event DHS/FEMA or TDEM determines that changes are necessary to this agreement after an award has been made, Including changes to the period of performance of the award, or terms and condltions, the certifying official shall be notlfied electronically of the changes in writing. Once notification has been made, any subsequent request for refunds will indicate subreciplents acceptance of the 1. In the event subreciplent falls to comply with any term of this.grant or agreement, TDEM may, upon written notification to subrecipient, suspend this award, In whole or Inp part, withhold payments to Subrecipient, and prohlbit Subrecipient from incurring 2. TDEM has the right to terminate this award, in whole or inj part, at any time before the end of the Performance Period, if TDEM determines that subreciplent has falled to comply with any terms of this grant. TDEM shall provide written notice oft the deletion toi this agreement by subrecipient is not valid. changes to this award. additional obligations oft this grant's funds. termination that includes: a. The reason(s) for such determination; b. The effective date of such termination; and Page/13 Terms and Condtions-F February 2024 VOLTT PAGE 044 C. The scope of the termination of the award. d. Termination of an award Is final. XIV. Enforcement lfsubreciplent materlally fails to comply with any term of this award or agreement, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, TDEM or DHS/FEMA one or more oft the following actions, as appropriate in the circumstances: may 1. Increased monitoring of projects and require additional financial and performance 2. Require all payments as relmbursements rather than advance payments; 3. Temporarily withhold payments pending correction of the deficlency; take reports; 4. Disallow or deny use offunds and matching credit for all or part of the cost of the 5. Request DHS/FEMA to wholly or partially de-obligate funding for a project; 6. Withhold cash payments pending correction of the deficiencyb bysubrecipient or activity or action not In compliance; more severe enforcement action by TDEM or DHS/FEMA; 7. Withhold future awards for the grant program; and 8. Take other remedies that may be legally available Ini taking an enforcement action, TDEM will adhere to any administrative proceeding to which Subreciplent is entitled under any statute or regulation appllcable to the action involved, and where TDEM, as the recipient, is obligated to follow. The costs to a subreciplent resulting from expenses incurred byi the subrecipient during a suspension or after termination of this award are not allowable. The enforcement remedies Identified in this section, Including suspension and termination, do not preclude subrecipient from being subject to "Debarment and Suspenslon" under Executive Order 12549. 2 C.F.R., Appendix II Part 200, (1). XV. Conflicts of Interest The subreciplent must maintain and provide upon request written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts and must establish safeguards to prohibit employees from using their positions for a purpose that 0 Terms and Conditions - February 2024 Page114 VOL TT PAGE 045 constltutes or presents the appearance of personal or organizational conflict of interest or personal gain. XVI. Closing of this Award TDEM will close each subaward after reçeiving all required final documentation: from the subrecipient. Ifthe close out review and reconcilation indicates that subrecipient Is owed additional funds, TDEM will send the final payment automatically to subreciplent. IFSubreciplent did not use all the funds received, TDEMwill recoverthe 1. DHS/FEMA or TDEM's right to disallow costs and recover funds on the basis ofe a 2. Subrecipient's obligation to return any funds due as a result of later refunds, 3. Records retention requirements, property menagementreguremens, and audit 4. Any other provislons of this award that impose continuing obligations on Subrecipient or that govern the rights and limitations oft the parties to this award unused funds. This does not affect: later audit or other review; corrections, or other transactions; requirements, as set forth herein; and after the expiratlon or termination of this award. XVII. Notices Ail notices and other communications pertaining to this agreement shall be delivered In electronic format and shall be transmitted in TDEM's Grant Management System, hereinafter referred to as "GMS". TDEM reserves the right to use other delivery avenues as needed. XVIII. TDEM Grants Management System TDEM requiresthe use of the TDEM's Grants Management System (GMS) for subreciplent grant management functions. Subrecipient is required to access GMS for all grant related functions as required by TDEM unless written authorization from TDEM is given. Requested forms and processes may be adjusted and changed to Subreciplent agrees to monitor GMS as necessary to properly manage and complete awarded projects under this agreement. Paper forms and email requests to initiate grant managementfunptions within GMS are not accepted. accommodate GMS processes and requirements, Terms and Condilons-February, 2024 Page/15 VOL TT PAGE 046 XIX. Performance Period O The performance period for this award is listed on the subaward letter for each project. All projects must be completed within the performance period and within the approved budget. Subreciplent shall have expended all award funds and must submit final requests for reimbursements, Involces, and any supporting documentation to TDEM no later than 60 calendar days after the end oft the performance perlod. TDEM is not obligated to relmburse expenses incurred after the From time to time, the performance period for grants may be extended by TDEM. These extensions do not change the established performance perlods for subrecipients to submit final requests for reimbursements, invoices, and any 1. All work must be done prior to the approved project completion deadline performance period or submitted after the deadline, supporting documentation. assigned to each praject. process equivalent). a. For Publlc. Assistance projects written at 100% complete, documentation must be submitted within 60 days of the Recovery Scoping Meeting (or DHS/FEMA b. For projects not written at 100% complete for both Hazard Mitigation and Publlc Assistance awards, documentation must be submitted within 60 days of the work completion date. 2. Should additional time be required, a time extension request must be submitted which: a. Identifies the projects requiring an extension; b. Explains the reason for an extension; d. Provides an anticipated completion date; C. indicates the percentage of work that has been completed; e. Provides detailed milestones documenting expected progress. The reason for an extension must be based on extenuating circumstances, or unusual project requirements that are beyond the control of Subreciplent. Failure to submit a time extension request 90 days prior to the end of the period of performance may result In denial, or reduction or withdrawal of federal funds for approvedwork. Terms and Conditions - February 2024 Page/16 VOLTT PAGE 047 XX. Cost/Scope Modification Any change to aj project's approved scope ofwork must be reported and approved through TDEM and DHS/FEMA before starting the project. Failure to do so will Subreciplent shall submit requests for cost overruins to TDEM for review. Any requests sent for a Public. Assistance project willl be submitted to DHS/FEMA for review and approval. Approval of these requests Is not guaranteed and is subject to funding availabillty. Costs Incurred prior to approval of any scope or budget/cost jeopardize award funding. changes may be denied. XXI. Final Expendtures Report The Project Completion and Certification Report (P4) must be submitted to TDEM within 90 days of all approved work being completed for each project. If any project requires the purchase of insurance as a condition of receiving federal funds, a copy oft the current policy must be attached tot this report and the Applicant's Attestation for Duplication of Benefits (DOB) form certifying other funds were received to complete the project. XXII. Net Small Project Overrun Ifthe total actual cost of all ofas subrecipient's Public Assistance small projects combined exceeds the total obligated for all small projects, the subrecipient may request additional funding through the appeal process, within 60 days of the latest work completion date of all Its Small Projects, as described in the Public Assistance Program and Pollcy Guide. Ar net small project overrun appeal will require a review of all smali projects and could result in a reduction of funding. XXIII. Appeals 1. Public Assistance In the event that a subrecipient does not agree with the determinations made by DHS/FEMA, the subrecipient has the right tot file an appeal. This appeal must be submitted in GMS by initiating a New Project Appeal, attaching documented justification supporting the subrecipient's position, specifying the monetary figure in dispute and the provisions In federal law, regulation, or pollcyw with which the subrecipient belleves the initial action was inconsistent. Additionally, for disasters declared on or after January 1, 2022, subreciplents must submit appeals using DHS/FEMA's Grants Portal system, in addition to GMS. An appeal must be submitted by the subrecipient within the following time frames: Page/17 Terms and Conditions - Fabruary2024 VOL TT PAGE 048 a. Any DHS/FEMA determination - 60 days from the written notice of the b. Second Appeal - 60 days from the written notice oft the determination Appeals shquld be addressed to the TDEM's Deputy Chief of Recovery & Mitigation and should contain additional information that the subrecipient wants to have considered. Upon recelpt of an appeal from Subrecipient, TDEM will review the material submitted, and forward the appeal with a written For presidentially declared disasters on or after October 30, 2012, a subrecipient may choose to arbltrate in lieu of submitting a second appeal. The arbitration program is designed to offer an alternate second appeal process by providing final adjudication through an Independent, neutral panel of arbitrators for particular PA projects Involving a dispute equal to or in excess of $500,000 (or $100,000 ift the Applicant is in a' "rural area", defined as having a population of less than 200,000 living outside an urbanized area) and must be filed within 60 days of receipt of the first appeal decision. For specific information, refer to determinatlon being made. made on the previous appeal. recommendation to DHS/FEMA within 60 days. 44 CFR $206.206. 2. Hazard Mitigation Ini the event that a subrecipient does not agree with the determinations made by DHS/FEMA, the subreclplent has the right to flle an appeal. This appeal must be submitted In GMS by Initiating a New! Project Appeal, attaching documented justification supporting the subreciplent's position, speclfying the monetary figure in dispute and the provisions in federal law, regulation, or policy with which the subrecipient believes the initial action was inconsistent. Ina accordance with 44CERE206.440, an appeal must be submitted by the a. Any DHS/FEMA or TDEM determination - 60 days from the date of the determination of the appeal written on the DHS/FEMA letter; b. Second Appeal - 60 days from fhe written notice oft the determination made on the previous appeal. The decision of the Second. Appeal is final Appeals must be addressed to the State Hazard Mitigation Officer should contain additional information, in accordance with Hazard Mitigation (SHMO) Assistance (HMA) guidance, that fhe subrecipient wants to have considered DHS/FEMA. Upon receipt of an appeal from the subrecipient, TDEM will forward by subrecipient within the following timei frames: and not subject to arbitration. and the appeal to DHS/FEMA within 60 days. Terms and Condltions - February 2024 Page/18 VOL TT PAGE 049 XXIV. Requests for Reimbursement Subrecipient will request payment offunds-on projects by initlating a request for reimbursement (RFR) In GMS or an advance offunds request (AFR) through GMS. The request must Include documentation supporting the request. Payments for open projects must be requested atl least quarterlyi Ife expenditureshave been made in that quarter. If payment is not requested quarterly, Subrecipient is subject to enforcement mechanisms described in the Enforcement section (XIV). Additional monitoring may be required of subreciplents iffunds are advanced. Small projects will be pald upon completion of work and submission of all necessary closeout documentation to TDEM. Due to the Increase of the small project maximum, subreciplents may require an Advarice of Funds to pay eligible costs of approved project scopes of work. XXV. - Quarterly Report Requirements Subrecipients must submit quarterly progress reports (QPR) for open, large projects InF Public Assistance, all Hazard Mitigation Grant Program, Building Resllient Infrastructure and Committees (BRIC), and Pre-Disaster Mitigation Grant projects using GMS. QPRS are due to TDEM the 15lh of the month after the reporting period ends. The reporiing period consists of 4 3-month periods: a. Quarter 1 (Q1): October- - December b. Quarter 2 (Q2): January- -N March C. Quarter 3 (Q3): Aprl-J June d. Quarter 4 (Q4): July- - September Failure to submit required QPRS that demonstrate appropriate project progress for two or more quarters, or Requests for Relmbursement (RFR) not submitted quarterly, can resuit in the withholding or de-obligation offunding for subrecipients TDEM may use the data provlded in QPRS when considering requests for overruns, period of performance extensions, or any other award activity. If projects are not progressing, TDEM will require additional reporling or may take any other until all QPRS are submitted to TDEM. ' appropriate action to complyv with required standards. XXVI. Equipment Records When an individual ifem of equipment is no longer required for federally-tunded programs or projects, Subrecipient must calculate the current fair market value of the individual Item. Ifitems have a fair market value in excess of $5,000.00, Subrecipient must make DHS/FEMA aware, For full rules and regulations regarding purchased O Terms and Conditions - February 2024 Page/19 VOL TT PAGE 050 equipment, reference 2C.F.R.2 200.313. XXVII. FEMAPublIc. Assistance Portal and FEMA GO In addition to TDEM's Grants Management System, must utilize the DHS/FEMA grant management systems. The FEMA Public Assistance required Delivery Model, or Simplified Application process, is used to facilitate the writing of worksheets in FEMA's Grants Portal system (Porial). The subrecipient must project and maintain an active account In fhe Portal. Iti is the subrecipient's responsibility establish to provide and upload timely, all information requested that is needed to write accurate project worksheets. The Portal provides the subrecipientvisibiliy of the entire project The FEMA Grant Outcomes (FEMA GO) platform is used to facilitate the application, tracking, and management of Hazard Mitigation Grant Programs (HMGP) including Bullding Resilient Infrastructure and Communiles (BRIC), Flood Mitigation Assistance (FMA), and HMGP Post Fire Assistance. The subreciplent is responsible for requesting and malntaining an active account In FEMA GO and responding timely to any Information requested in order to complete the award process. The use of FEMA's Grants Portai and FEMA GO do not eliminate the writingprocess. use TDEM's Grants Management System. requirementto OxxvI. Indirect Cost Rates The subrecipient may use the negotiated Indirect Cost Rate approved by Its cognizant agency, or may use the 10 percent de minimis rate of modifled costs (MTDC) (as per 2GER.S200414) when recelving Management Costs. total direct XXIX. Request for Information TDEM and/or DHS/FEMA may. request additional information from the subrecipient throughout the life cycle of this grant. This process, the Request for Information, herein referred to as RFI. DHS/FEMA RFIs may be received directly from TDEM's Grants Management System (GMS), FEMA systems (FEMA Grants Portal & FEMA GO), DHS/FEMA employees, or indireclly through TDEM representatives. DHS/FEMA RFI timeframès may vary, but due dates are always communicated upon fransmission of the RFI. The TDEM RFI policies can be found H. in Exhibits G& O Terms and Conditions - February 2024 Page/20 VOL TT PAGE 051 Exhibits Exhibit. A: Assurance - Non-Construction Programs (See Standard Form 424B) Asi the duly authorized representative of subrecipient, Icerlify that subreciplent 1. Has the legal authority to apply for federal assistance and the instftutional, managerial and financial capability (Including funds sufticient to pay the non-federal share of project cost) to ensure proper planning, management and completion of the 2. Will give the Depariment of Homeland Security, the Texas Division of Emergency Management, the Comptroller General ofi the United States and, ifa appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this grant and will establish a proper accounting system In accordance with generally accepted accounting 3. Will establish safeguards to prohibit employees from using their posltions for a purpose that constitutes or presents the appearance of personal or organizational 4. Wil initiate and complete the work within the applicable time frame after receipt of 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.SS4728- 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations speclfied in Appendix A OFOPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohlbits discrimination on the basis of race, color or national brigin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. $51681-1683, and 1685-1686 and 44 G.F.R. Part 19), which prohlbilsdlserimihation on the basis of sex; (c) Section 504 of the Rehablitation Act of1973, as amended (29 U.S.C. $794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42U.S.C. 556101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; () the Comprehensive. Alcohol Abuse and Alcohollsm Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) $$523 and! 527 ofthe Public Health Service Act of 1912 (42 U.S.C. $$290dd-3 and 290ee-3), as amended, relating to project described In this grant. standards or agency directives. conflict of Interest or personal gain. approval of the awarding agency. Terms and Conditions - February 2024 Page]21 VOLTT PAGE 052 2 confidentialilty of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C.S53601 et seq.), as amended, relating to nondiscrimination in the sale, rentalor financing of housing; (I) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is belng made; and () the requirements ofa any other nondiscrimination statute(s)which may apply to the application. 7. Will comply or has already complied with the requirements of Titles II and II ofthe Uniform Relocation Assistance and Real Property. Acquisition Pollcies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property Is acquired as a result of Federal or federally-assisted pragrams. These requirements apply to all interests in realproperly acquired for project 8. WIll comply, as appllcable, with provislons of the Hatch Act (5 U.S.C. S$1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in partwith Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. $S276a to 276a-7), the Copeland Act (40 U.S.C. $276c and 18 U.S.C. $874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. $$327-333), regarding labor standards for ederally-assisted construction sub-agreements. 10.WIl comply, if applicable, with flood insurance purchase requirements of Section 102(a) oft the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients In a special flood hazard area to participate In the program and to purchase flood insurance If the total cost of insurable construction and acquisition is 11.Will comply with environmental standards which may be prescribed pursuant toi fhe following: (a)i institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA: for DHSgrant-supported activities, DHS- FEMA requires the environmental aspects tobe reviewed and evaluated before final action on the application; (b) notification of violating facilitles pursuant to EO 11738; (c)protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed underthe Coastal Zone Management Act of 1972 (16 U.S.C.S51451 et seq.); () comply with the Clean Air Act of 1977, (42U.S.C.557401 et seq. and Executive Order 11738) providing fori the protection ofand enhancement of the quallty of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, purposes regardless of Federal participation in purchases. $10,000.00 or more. Terms and Conditions - February 2024 Page122 f, " 4,*. VOLTT PAGE 053 and biological integrity of the nation's waters; (g) protection of underground sources ofd drinking water under the Safe Drinking Water Act of 1974, as amended (P.L.93- 523); and, (h) protection of endangered species under the Endangered Specles Act 12.Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.G, S51271 etseq.) related to protecting components or potential components ofthe national wild and 13.Will assist the awarding agency In assuring compliance with Section 106 ofthe National Historic Preservation Act of 1966, as amended (16 U.S.C. $470), EO 11593 (identification and protection of historic properties), and theArchaeological and Historic Preservation Act of 1974 (16 U.S.C. $$469a-1 etseq.). 14.WII comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026- 044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this Grant. "Research" means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for Including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also 15.Will comply with the Laboratory Anlmal Welfare Act of 1966 (P.L. 89-544, as amended,70.S.C.: $$2131 etseq.)which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used In research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government 16.Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.554801 etseq.), which prohibits the use of lead-based paint in construction or rehabilitation of of1 1973, as amended (P.L. 93-2 205). scenic rivers system. state and local law for research using autopsy materials. Principals Regarding the Çare and Use of Animals. residence structures. swt 17.WIl cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A- 133 (now OMB 2 G.F.R. 200.500), "Audits of States, Local Governments, and Non- 18.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policles governing this Grant. Profit Organizations. Terms and Conditions-F February 2024 Pagel [23 VOLTT PAGE 054 Exhibit B: Assurances - Construction Programs (See Standard Form4 424D) As the duly authorized representative of subreciplent, Ic certify that 1. Has the legal authority to apply for federal assistance, and the instltutional, managerial and financial capability (Including funds sufficient toj share of project costs) to ensure properplanning, subrecipient: pay the non-federal project described ini this Grant. management: and completion - of 2. Will give the Department of Homeland Security, the Texas Division of Management, the Comptroller Géneral of the United Statesand, if Emergency State, the right to examine all records, books, appropriate, the generally properly fitle instructions from the grant and will establish a accepted papers, or documents related to this proper accounting system in accordance with accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms oft the real ord ofher interest in the site and facilities without permissionand awarding agency. Will record the federal awarding acovenant In the title ofrealproperty agency directives and will include assistance funds to acquired in whole or in part with federal assure nondiscrimination during the useful life ofthis Grant. 4. Will comply with the requirements of the assistance awarding the drafting, review and approval ofconstruction 5. WII provide and maintain competent and adequate engineering agency with regard to plans andspeclications. construction slte to ensure that the complete work conforms supervislon at the and specifications and will furnish progressive may be required by the awarding approval of the awarding agency. with the approved plans reports and such other information as agency or State. 6. Will initiate and complete the work within the applicable time frame 7. Will establish safeguards to prohibit employees from using their afterreceiptof purpose that constitutes or presents the appearance of personal positionsfora 8. Will comply with the Intergovernmental Personnel. Act of 1970 (42 U.S.C. conflict ofi Interest or personal gain. ororganizational 4763) relating to prescribed standards of merit systems one oft the 19 statutes or regulations speclfledin SS4728- forp programs funded under al Merit System of Personnel Administration Appendix A of OPM's Standards for (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead-Based Paint Poisoning Prevention et seq.) which prohibits the use of lead-based Act (42 U.S.C. $$4801 oft residence structures. paint in construction or rehabilitation Terms and Conditions - February 2024 Page] 124 VOL TT PAGE 055 10.WII comply with all federal statutes relating to nondiscrimination. These Include but are not limited to: (a) Title Vlofthe Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the! basis of race, color or national origin; (b) Title IX ofthe Education Amendments of 1972, as amended (20 U.S.C. $$1681 1683, and 1685- 1686 and 44 G.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabiltation Act of 1973, as amended (29) U.S.C. $794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.G. $96101-6107), which prohiblts discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; () the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilltation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) $$523 and 527 ofthe Public Health Service Act of 1912 (42 U.S.C. $$290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Actof 1968 (42 U.S.C. $$3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; () any other nondiscrimination provisions in the specitic statue(s) underwhich agreement for Federal assistance is being made; and () the requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11.Will comply with the provisions of the Hatch Act (5L U.S.C. 551501-150Band 7324- 7328) which Iimit the political activitles of employees whose principal employment 12.Will comply or has already complled with the requirements of Titles II andlll of the Uniform Relocation Assistance and Real Properly Acqulsition Policies Act of 1970 (P.L. 91-646) which provide for falr and equitable treatment of persons displaced or whose properly is acquired as a resultof federal and federaly-assisted programs. These requirements apply to all interests in real property acquired for project 13.WIll comply, as applicable, with the provisions ofi the Davis-Badon Act (40 U.S.C. SS276a to 276a-7), the Copeland Act (40 U.S.G. $276c and 18U.S.C. $874), and the Contract Work Hours and Safety Standards Act(40 U.S.C. $327-333) regarding labor standards for federaily- asistedconstuctionsub-agrements. 14.Will comply with flood Insurance purchase requirements of Section102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) whichrequires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or 15.Will comply with environmental standards which may be prescribed pursuant to the activities are funded in whole or In part withFederal funds. purposes regardless of Federal participation in purchases more. Terms and Condllons-Februaly 2024 Page]25 VOLTT PAGE 056 following: (a) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L.9 91-190) as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514 which establishes natlonal pollcy goals and procedures to protectànd enhance the environment, including protection against natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c)protection ofwellands pursuant to EO 11990; (d) evaluation offlood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management. Act of 1972 (16 U.S.C. $$1451 et seq.); () comply with the Clean Air Act of 1977, (42 U.S.C.SS7401 et seq. and Executive Order1 11738) providing for the protectionof and enhancement oft the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining thechemical, physical, and biological Integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water. Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of1973, as amended (P.L. 93-205). 16.Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. $S1271 et related to protecting components or potential components of the national wild and seq.) 17.Will assist the awarding agency in assuring compllance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 11593 (identification and protection ofhistoric propertles), and the Archaeological $470), and Historic Preservation Act of 1974 (16 U.S.C. $$469a-1 et seq). 18.WIII cause fo be performed the required financial and compllance auditsin accordance with the Single Audit Act Amendments of 1996 and OMBCircular No. A-133 (now OMB: 2 C.F.R. 200.500), "Audifs of States, LocalGovernments, and 19.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grantguidance and policies governing this grant. scenic rivers system. EO Non-Profit Organizations." O Terms and Conditions- - February 2024 Page [26 VOLTT PAGE 057 Exhibit C: Certlifications for Grant Agreements The undersigned, as the authorized officlal, certifies the following to the best of his/her 1. No federal appropriated funds have been paid or wil be paid by or on behalf of the undersigned to any person for influencing or attempting to Infuence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with the awarding of any federal contraci, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or 2. Ifany funds other than federal appropriatedfunds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL Disclosure of Lobbying Activities, in accordance with its instructions. 3. The undersigned shall require that the language ofthis cerlification prohiblting lobbying be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certlfy and disclose accordingly. This certification is a material representation of fact upon which rellance wasplaced when this transaction was made or entered Into. Submission oft this certification Is a prerequisite for making or enfering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who falls to file the required certification shall be subjectto a civil penalty of not less than $10,000 and not more than $100,0001 for 4. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C,F.R. Part 67, for prospective participants inj primary covered transactions, as defined at 28 C.F.R. Part67, Section 67.510. (Federal Certification), a. Are not debarred, suspended, proposed for debarment, deciared Ineligible, sentenced to a denlal of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency, Subreciplentcan access debarment information by going to www.sam.gov and the State Debarred VendorList at: wrvaainibopamarinsahente. performance/debares, knowledge and belief: cooperative agreement. each sucht fallure. the subreciplent certifies that It and Its princlpals and vendors: Terms and Conditons--Februay 2024 Page 127 VOL TT PAGE 058 b. Have not within a three-year period preceding this grant been convicted of or had ac civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contractunder a public transaction, violation of Federal or State antitrust statutes or commission of embezziement, fheft, forgery, bribery, falsification or destruction of records, making faise C. - Are not presently indicted for or otherwise criminally or cvilly charged by a governmental entity (federal, state, or local) withcommission of any of the offenses enumerated In paragraph (D)(2) oft this certification; d. Have not within a three-year period preceding this grant had one or more public transactions (federal, state, or local)terminated for cause or default; or e. Where subrecipient Is unable to certify to any of the statements In this certification, he or she shall attach an explanation to this grant. (Federal statements, or receiving stolen properly; Certification). 5. Federal funds will be used to supplement existing funds, and will not replace (supplanf) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal 6. Subrecipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds and subreciplent will require such compliance in any subgrants or 7. Subrecipient will comply with fhe Drug-free Workplace Act, in SubpartBof2CFR 8. Subrecipient Is not delinquent on any federal debt. Examples of relevant debt include dellnquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for 9. - Subrecipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program andadministrative requirements, policies and 10.Subreciplent understands that failure to comply with any of the above assurances may result in suspension, termination orreduction offunds in this grant. funds. contract at the next tier. Part3001. additional information andguidance. any other requirements governing this grant. Terms and Conditions- - February2024 Page 128 VOLTT PAGE 059 Exhibit D: State of Texas Assurances As the duly authorized representative of subreciplent, Icertify that subreciplent: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member ofthe Subrecipient's governlng body or of the Subreciplent's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinityto: any member ofthe governing body or toany other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all Information collected, assembled, or maintained by the Subreciplent relative to a project will be avallable to the public during normal business hours in compliance with Texas Government Code, Chapter 552, uniess 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, speclal, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the' Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to 5. Shall not contract with or issue a license, certiticate, or permit to the owner, operator, ora administrator of a facility if the Subrecipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by anofher health and human services agency or public safety or law 6. Shall comply with all rules adopted by the Texas Commission.on Law! Enforcement pursuant to Chapter 1701, Texas Occupations Code, orshall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency Is in the process of achieving compliance with suchrules Ifthe Subrecipient Is a law enforcement agencyre regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contalned in the application package become terms or conditions for receipt of grant funds. Administering state agencies and subrecipients shall maintain an appropriate contract administration system to ensure that all terms, conditions, and speclfications are met. (See UGMS Section, ,36 for additional otherwise expressly prohibited by law. a person who is in arrears on child support payments. enforcement agency, guldance on contract provislons). Terms and Condilons-Februaly 2024 Page [29 VOL TT PAGE 060 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement and to the Texas Department of Child Protective and Regulatory Services. authorities Subrecipient shall also ensure that all program personnel are trained and include which but aware of this requirement. properly 9. Shall comply with all federal statutes relating to nondiscrimination. These are not limited to: (a) Title VI ofthe Civil Rights Act of 1964 (P.L. prohibits discrimination on the basis of race, color, or national origin; 88-352), Title the Education Amendments of 1972, as amended (20 U.S.C. $$1681-1683, (b) and IXof 1685-1686), whlch prohibits discrimination on the basis of sex; Section discrimination on the basis of handicaps and the Americans $794), which prohibits recipients from discriminating on the basis of disabillty in Disability the Act which prohibits Rehabilltation Act of 1973, as amended (29 U.S.C. 1990 Including Tltles I, Il, and III of the Americans with entitles, public and private transportation (c) 504 of the with Disabillties Act of operation of public Discrimination (P.L. 92- abuse; (f) the and certaintesting systems, places of public accommodation, entities, 44 U.S.C. SS 12101-12213; (d) the Actof 1974, as amended (42 U.S.C. $56101-6107), which prohibits Age on the basis of age; (e) the Drug Abuse Office and Treatment Act of dscrimination 1972 255), as amended, relating tonondiscrimination on the basis of drug nondscrimination on the basis of alcohol abuse or alcoholism; (9)85523 amended, relating to confidentlallty of alcohol and $$290dd-3 and 290ee-3), as Title VIII of the Civil Rights Act of 1968 (42 U.S.C. drug abuse patient records; (h) nondiscrimination provisions in the specific statute(s) underv which housing; (I) any other Federal assistance Is being made; and () the requirements of application other nondiscrimination statute(s) which may apply to thisgrant. any 10.Shall comply, as applicable, with the provisions of the Davis-Bacon Act $S276a to 276a-7), the Copeland Act (40 U.S.C. $276c and 18 U.S.C. (40 U.S.C. Contract Work Hours and Safety Standards Act (40 U.S.C. labor standards for federally assisted construction Comprehensive Alcohol Abuse and Alcoholism Rehabilitation Act of 1970 (P.L. the Public Health Service Act of 1912 (42 U.S.C. Prevention, Treatment, and 91-616), as amended, relating to the and 527 of relating to nondiscrimination in the $53601 et seq.), as amended, sale, rental, ori financing of for $874), and the $$327-333), regarding subagreements. 11.Shall comply with requirements of the provislons of the Unifform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91- for fair and equitable treatment of persons interests in real property acquired for participation in purchases. 646), which provide as a result of Federal or federally assisted displaced or whose properly is acquired programs. These requirements applyto all project purposes regardless of Federal 12.Shall complywith the provisions of the Hatch Political Activity Act (5 U.S.C. $$7321- Terms and Condlions-February 2024 Page130 VOL TT PAGE 061 29), which limit the political activity of employees whose principal employment 13.Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the ntergovermental Personnel Act of 1970, as 14.Shall insure that the facilities under Its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on thel Environmental Protection Agency's (EPA) listofViolating Facilities and thati itwill notlfy the Federal grantor agency oft the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under 15.Shall comply with the flood insurance purchase requirements of Section 102(a) ofthe Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase oft flood insurance in communitles where such Insurance Is avallable as acondition for the recelpt of any Federal financial assistance for construction or acquisltion proposed for use In any area that has been identified by the Secretary of the Depariment of Housing and Urban Development as an area having special flood 16.Shall complywith environmental standards which may be prescribed pursuant to the following: (a) Institution of environmental quallty controi measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facllities pursuant to EO 11738; (c) protection of wetlands pursuant toi EO 11990; (d) evaluation offlood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management. Act of1972 (16 U.S.G. SS1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) oft the Clean Air Acto of 1977, as amended (42 U.S.C. $$7401 ets seq.); (g) protection of underground sources of drinking water underthe Safe Drinking Water. Act of 1974, as amended (P.L. 93- 523); and (h) protection of endangered specles under the Endangered Species Act 17.Shall comply with the' Wild and Scenic Rivers Act of 1968 (16 U.S.C. $$1271 et seq.) related to protecting components or potential components oft the national wild and 18.Shall assist the awarding agency in assuring compliance with Section 106 oft the National Historic Preservation Act of 1966, as amended (16 U.S.C. $470), EO 11593 (Identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. $$469a-1 et seq.). activitles are funded in whole or In part with Federal funds. applicable. consideration for listing by the EPA (EO 11738). hazards. of 1973, as amended (P.L. 93-205). scenic rivers system. ( Terms and Conditions- - February 2024 Page/31 VOL TT PAGE 062 19.Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. $$2131 et seq.) which requires the minimum standards of and treatment for vertebrate animais bred for commercial sale, used in research, care fransported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Govemment 20.Shall comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. et seq.) which prohibits thé use of lead-based paint in construction or rehabilltation $54801 Principals Regarding the Care and Use of Animals. residentlal structures. of 21.Shall comply with the Pro-Children Act of 1994 (Public Law 103-277), which prohiblts smoking within any portion ofany indoor facility used for the provision services for children. state and federal taxf forms. of 22.Shall comply with all federal tax laws and are solely responsible for all fling required 23.Shall comply with all applicable requirements of all other federal and state executive orders, regulations, and policies governing this program. 24.And ifs principals are eligible to participate and have not been subjected to suspension, debarment, or similar Ineligibillty determined by any federal, local governmental entitya anditis not listed on a state or federal govemnment's state, or terrorism watch list as described in Executive Order 13224. Entitles federal procurement. have Exclusions listed at SAM.gov. laws, for ineligible 25.Shall adopt and implement applicable provisions ofthe model HIVIAIDS workplace guidellnes of the Texas Depariment of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. O Terms and Conditions - February 2024 Page 132 VOLTT PAGE 063 Exhibit E: Environmental Review As the duly authorized representative ofsubrecipient, t,Icertify thats subrecipient: 1. Shall assess Its federally funded projects for potential Impact to environmental 2. Shall submit any required screening form(s) as soon as possible and shall comply with deadiines established by TDEM. Timelines for the Environmental Planning and Historic Preservation (EHP) revlew process will vary based upon the complexlty of 3, Shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any activity prior to completion of FEMA's EHP review will result In a non-complance finding and TDEM will not authorize or 4. Ass soon as possible upon receiving this grant, shall provide information to TDEM to assist with the legally required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to TDEM for review. These EHP requirements Include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Specles Act, E0119B8-Flodplain Management, EO 11990-Protection ofWetlands, and EO 12898 -B Environmental Justice. Subrecipient shall comply with all Federal, State, and local EHP requirements and 5. Shall notundertake any activity from the project that would result in ground disturbance, facllty modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limlted to communications towers, physical seourlyennancements Involving ground disturbance, new resources and historicproperties. the project and the potential for environmental or historical impact. release Grant funds for non-compliant projects. shall obtain applicable permits and clearances. construction, and modifications to buildings. 6. Shall comply with all mitigation or treatment measures required for the project as the resuit of FEMA's EHP review. Any changès to an approved project descriptionwill require re-evaluation for compliance with EHP requirements before the project can 7. Ifground disturbing activities occur during project Implementation, subrecipient shall ensure monitoring of ground disturbance and If any potential archeological resources are discovered, subreciplent shall immediately cease construction in that area and notify FEMAand the appropriate State Historlcal Preservation Office. proceed. Terms and Conditions - February: 2024 Page 133 VOL TT PAGE 064 Exhibit F: Additional Grant Certifications 1. Public Assistance and Hazard Mitigation Program Grant (HMGP) a. Match Cerlifications Subrecipient certifies that it has the abillty to meet or exceed the cost share required for all subawards (prolects) and amendments (verslons) under this Grant Agreement. b. Duplication of Program Statement this project Match Cerlification. C. Federal Debt Disclosure Subrecipient certifies there has not been, nor will be, a duplication of benefits for Subrecipient certifies that it not delinquent on and Federal debt. 2. HMGP Only a. Maintenance Agreement Applicant certifies that there is a Maintenance Agreement needed for this and that a copy of that agreement will be provided to TDEM. facility O b. Environmental Justice Statement Federal Executive Order 12898 compliance requirements - If there are concentration of low income of minority populations in or near the HMGP any L. Applicant certifles that the HMGP project result will not result in a disproportionately high effect on low Income or minority projects: OR populations. I. Applicant certlfies that actions will be taken to ensure ofenvironmental justice for low income and minority populations related to thls HMGP project. O Terms and Condlions-Fabruary, 2024 Page/34 VOL TT PAGE 065 Exhibit G: Requestfor Information Policy Timelines for providing complete and accurate information and documentation are crucial to the success of the overall Grant Program and to the timely completion and closure of awarded projects. TDEM has developed a framework following a progressive series of communications for the Subrecipient, referred to as Request for Information (RFI). TDEM will work with Subreciplents throughout the RFI process as communication This policy will be applied to Public. Assistance and Hazard Mitigation projecis for management and closeout activities after obligation. This policy will address non- responsive and Inadequate responses to requests for information. Although the timeline outlines milestones to be completed, nothing limits the ability of TDEM from sending is the key to success. communications. TDEM reglonal coordinators or the Support Affillate will reach out to Subreciplent's primary contact requesting the Information Ifadequate response Is not recelved, TDEM Reglonal Unlt Chlef wil reach out to Subreciplent primary contact. Communication Ifadequate response Is not recelved, TDEM Reglonal Section Chief will reach out to Subreciplent primary contact, lfadequate: response Is not recalved, TDEM' regional coordinator or Support Affillate will send al letter, signed by the missed deadins and any action that willl be taken. IFSubreciplent: requires additional time a written request Day 30. Extensions will be approved at" TDEM's discretion awindow of no more than 60 days. Ifadequate response is not received, TDEM reglonal coordinator will send al letter, signed by the Reglonal Unito or End.of .Section Chlefr nollfying the subreciplent oft the missed deadiine Day 1 needed, Communlcation will be documented In GMS. Day 10 will be documented In GMS. Day 20, Communication willl be documented In GMS. Day30 Reglonal Unlt or Section Chief notifying the subreciplent ofthe Extension must be submitted to the Reglonal Caordinator nol later than Recuest and upt to: 30 days may be granted; In fotal an RFI will have Extension and any action that will be taken. Terms and Condilons-Februaly 2024 Page [35 VOLTT PAGE 066 Exhibit H: Pre-Obligation Request for Information Policy Timellnes for providing complete and accurate information and documentation are cruclal to the success oft the overall Grant Program and to the timely obligation of projects. TDEM has developed ai framework following a progressive series of communications for the subreciplent, referred to as Request for Information TDEM will work with subrecipients throughout the RFI process as communication (RFI). This policy will be applied to Hazard Mitigation projects for management activities obligation. This policy will address non-responsive and inadequate responses to pre- requests for Information. The timeline outlined below represents a single, 15-day period beginning from TDEM's first review of Subreciplent's application. Fallure to supply fimely responses could result in dismissal of application or award submission. the timeline outlines mllestones to be completed, nothing limits the abllity of TDEM Although from key to success. is the sending communications. Uponi initial review of Subrecipient's HMGP application, TDEM staffy will initlate contact with Subreciplent via emal. Thls first Day" communication begins the 15-day pre-obligation request for Information, policy timellne, 50 days after thei first communication, ifa adequate response Is not recelved, the Regional Unit Chief will Issue a read recalpt, high highlighting 10n remaining previous days toj requests provide the and requested notllying Information. Subreciplent off the 50 days after thes second' communication, lfadequate response ist notr recaived, TDEM staffv willl Issue at formal remindert through al letter slgned by the Reglonal Unit Chlef and emalled: to the Day 1L Subreciplent's primary contact and Cerlifylng Official informing them of thet final 5 days remaining to provide the requested Information. The Assistant Chief! is tol be copled on the emall for 5days notr recelved, after the TDEM: third staff communication, wil send al lelter, Ifa adequate response! Is Day 16 Reglonal Unit Chlef, to Subreciplent's primary signed contact by the nollfying Day6 Imporlance emall fot the Subreciplent's primary contact vislbilty. Subreciplent of missed deadline, Terms and Conditions-F February 2024 Page136 VOL - TT PAGE 067 Exhibit I: Recoupment of Funds Procedure Summary 1. This procedure is to ensure responsible spending of federal dollars, 2CFRS 200.344 and 2CFRS200.345 require that the State of Texas and the Texas Division of Emergency Management (TDEM). act to Identify and recover any 2. This procedure applies to all Division subrecipients that receive funds from or through TDEM and explains the process by which funding to subrecipients wilI be recovered in the event that such funding Is determined to be an overpayment or Is not expended appropriately under the terms and conditions between TDEM and the subrecipient andlor applicable FEMA program, statue, regulations, or guidance. 3. The federal dollars described in this policy are passed through the Division, which serves as the Governor's authorized representative for certain federal grants and awards. Any amount of debt owed to the federal government Is ultimately the responsibilty of the State of Texas, not specifically the responsibility oft the Division. improper payments. Procedure 1. Applicabillty of Recoupment 1.1.This procedure will be applied to subrecipients that have been determined by the Division to have received an overpayment or that the Division determines has not spent federal funds in accordance with their grant ori financial award. 2. Recipient's Responsibilitles 2.1.subreciplents are required to sign Grant Terms and Conditions prlor to receipt of funds that stipulate subrecipients shall refund to the Division any sum that has been determined by the Division to be an ovepaymentpsabmeper: or that the Division determines has not been spent by Subreciplent in accordance with 2.2.No refund payment(s) shall be made from local, state or federal grant funds unless repayment" with grant funds is specifically permitted under the applicable 2.3.Subreciplents shall make such refund to the Division within thirly (30) calendar their grant or financial award. program. days after the Division requests such refund. 3. Division Collection Actions Terms and Conditions- - February 2024 Page 137 VOLTT PAGE 068 3.1.Upon determination that a subrecipient has received an overpayment or has expended funds in accordance with the grant or fiscal award, the not will be taken: following steps 3.1.1. First Formal Communication: A recoupment letter will be sent to the subrecipient's Authorized Agent(s) highlighting the amount of federal funds owed, electronic transfer information, and the requirement to 3.1.1.1. The communication will be sent using electronic mail to the designated agent identified in the grant/funding application, and; 3.1.1.2. Posted In TDEM's Grants Management System (GMS), and; 3.1.2. The Division will confirm recelpt of the recoupment letter by either receiving a written confirmation from the subreciplent or making documented verbal contact with the subrecipients designated agent, mayor, or county 3.1.3. Ifthe subreciplent falls to make repayment of the amount identified in the recoupment letter within thirly (30) business days of receipt of the leiter, the Division may offset an applicant's owed funds against current available funding due to applicant unless an agreement to return funding is reached 3.1.4. Ifthe repayment Is not made, the Division shall send an additional notice to the subrecipient by electronlc mail and posted to the TDEM Grants Management System (GMS) thirly (30) to forty-five (45) days after the first letter was sent and then confirm receipt of the recoupment Ietter by either receiving a written confirmation from the subrecipient or making documented verbal contact with the subreclpients designated agent, mayor, or counfy judge as applicable. This letter will indicate the amount of funds that have been transferred to offset the amount due and remaining balance or will confirm If offset will occur. In addition, the letter will contain information related to recoupment options that may be taken in accordance with section lfi the repayment is not made after the second letter, the Division shall send a third notice to the subreciplent by electronic mail and posted to the TDEM Grants Management System (GMS) thirly (30) to forly-five (45) days after the second letter was sent and then confirm receipt of the recoupment letter by either receiving a written confirmation from the subrecipient or making documented verbal contact with the subrecipients designated agent, mayor, or as applicable. This letter will indicate the amount of funds that have county. been judge the repay amount within thirly (30) calendar days. judge as applicable. - with the applicant as approved by TDEM 3.2 Delinquent. Accounts. O Terms and Conditlons - February 2024 Page [38 VOL TT PAGE 069 transferred to offset the amount due and remaining balance or will confirm If offsetwill occur. In addition, the letter will contain information related to recoupment options that may be taken in accordance with section 3,2 Dellinquent 3.1.5, Ifthe subrecipient fails to make repayment of the amount identified in the recoupment letter or enter an agreement to repay the funding with the Division approved by TDEM within one hundred twenty (120) days from the date that the original recoupment letter was sent, the Dlvision will take any and all authorized actions to withhold funding for other grants, including Issuing a State ComptrollerWarrant Hold and/or referring the matter to the attorney general. The Division shall notify the subrecipient of any such Accounts. decision. 3.2. Delinquent Accounts 3.2.1. Delinquency Determination 3.2.1.1. lfasubrecipient fails to make repayment of the amount identified in the recoupment letter or enter an agreement approved by TDEM to repay the funding with the Division within 120 days from the date the original recoupment letter was sent, the Division may determine that the account is delinquent. 3.2.1.2. AtTDEM's sole discretion, TDEM may authorize payment plans that fully reimburse the full amount owed over a 1-9-month period or prlor to the end ofi the grant perlod. From time to time, varlances in approved timelines may occur based on the phase oft the grant process and other timelines determined by FEMA such as perlods of performance and closeout liquidation periods. 3.2.1.3. Should a subrecipient enter into a payment plan and then fall to make more than one timely payment, the payment plan shall be considered invalid and the full balance shall be due within 30 calendar days. If payment is not made within 30 days, the actions contained within Section 3.1.7 and Section 3.2. 3.2.2. Warrant Hold Process 3,2.2.1. Once the Division has determined that the debt is delinquent, the Division may utlize the state comptroller's warrant hold process to ensure payments are not Issued to the individual or entity thati is Indebted toi the state. 3.2.3. Referral to the Attorney General Terms and Conditions-F February 2024 Page/39 VOLTT PAGE 070 O 3.2.3.1. Once the account is determined to be delinquent, the Division determine whether to refer the account to the Attorney General may the System Office of the General Counsel. through 3.2.3.2. The determination as to the manner in which to pursue the collection oft the account must consider the following: 3.2.3.2.1. The size of the debt; 3.2.3.2.2. The existence of any security or collateral; 3.2.3,2.3. The likellhood of collection through passive means; 3.2.3.2.4. The cost to the Division or Attorney General in attempting to 3.2.3.2.5. The availability of resources within the Division or Attorney General to devote to the collection of the obligation. collect the obligation; and 3.2.4. Referral to the Attorney General 3.2.4.1. Upon a determination to refer to the Attomey General, the Division shall notify the subreclpient of the delinquency status of the account, including the amount in no more than two mailed letters. 3.2.4.1.1. The first demand letter shail be mailed USPS First Class Mail within 30 days after the debt has been determined delinquent and an Attorney General referral is desired. 3.2.4.1.2. The second demand letter shall be malled USPS First Class Mail between 30-60 days after the first demand letter was malled if repayment of the amount has not occurred. 3.2.4.2. Ifthe Division defermines that It will refer the matter to the Attorney General, it shall, through the System Office oft the General Counsel, noflfy the Attorney Generai around the 90th day after the first demand letter was sent. 3.3.The Division shall maintain copies of all communications with the subreciplents regarding the recoupment of the grant or financial award funding. 4. TDEM's Ability to Remedy Nothing in this procedure shall limit TDEM's ability to implement alternative which it has authorlly to resoive outstanding recoupments. remedies for Terms and Conditions- - February 2024 Page [40 VOLTT PAGE 071 Nothing In this policy shall prohiblt TDEM from immediately taking any recoupment action after the first thirly (30) day notice has been Issued requesting repayment. Related Statutes, Policies, or Requirements Texas A&M University System Regulation 21.01.04 1Tex. Admin. Code Section 59.2 Tex. Gov't Code Section 403.055 Tex. Gov't Code Chapter 2107 Texas A&M University System Office Collection and Write-off Guidance Texas A&M Universily System Regulation 09.04.01 O Terms and Conditions - February 2024 Page/41 VOLTT PAGE 072 Grant Acknowledgement, Agreement and Signature Please provide your signature next to each item In acknowledgement you have received, read, understand, and agree to abide by the terms. Tanner Crutcher Printed Name Delta County Subreciplent. Name the undersigned and Certifying Official of understand that TDEM strongly encourages refresher training in federal procurement standards as variances from these standards account fort the majority of funding deobligation. lalso cerlfy thatIhave read and understand each section of the above agreement. My signatures below serve as Subrecipient agreement to comply with all laws, rules, regulations, and policy presented. Mbi Agreement. Authority Signature Mrbis bis Agreement (Sectioni-XXIX) Signature Exhibit Programs A: Assurance-Non-Construction Signature h Signature Exhibit B: Assurance- Construction Programs Exhibit C: Certifications for Grant bss bi Signature Agreements Exhibit D: State of Texas Assurances Signature bi Exhibit E: Environmental Review Signature Cerlification - Terms and Conditions - February 2024 Page 142 VOL TT PAGE 073 Mubis bs Exhibit F: Additional Grant Certifications Signature Exhibit G: Request for Information Pollcy Exhibit H: Pre-Obligation Request for Signature bs Signature Information Policy br Exhiblt 1: Recoupment of Funds Slgnature Please sign below to acknowledge subreciplent's acceptance oft this grant and all exhibits and subreciplent's agreement to abide by all terms and conditions. br Signature of Certifying Officlal Tanner Crutcher Printed Name 08/23/2024 Date County Judge Tifle Terms and Condltions- February 2024 Page 143 VOL TT PAGE 074 TDEM THET TMSABAUATAISFTIN Designation of Subrecipient Agent (DSA) Form Form Instructions The following must be completed for access to subrecipient accounts In the Texas Division of Emergency Management (TDEM)'s Grants Management System (GMS). A) The Designation of Subreciplent. Agent (DSA) form Is divided & Page 1: the Primary Contacts into two pages: page Page 2: the optional Alternate Contacts page The. Alternate Contacts page is not required lft there are: no additional Asr many. Alternate Contacts pages as needed may be submitted. fapplicable, both pages must be signed and dated by the Certifying contacts to list. Official. B) In the header of the document: * List the name of the subrecipient (the rganizationfurisdicion applying for Check if the DSAI Form is for Public Assistance grants, Hazard Mitigation lft the DSA Is for another type of grant, please specify that in Other. For Public Assistance and Hazard Mitigation grants, include the applicable The disaster number is 4 digits long and assigned by FEMA. (For Multiple disasters may be listed on one DSA as long as each disaster the grant). Grants or Mutual Aid reimbursement, disaster numbers. example, Hurricane Harvey is 4332.) number is listed. C) For the contacts: None ofthe positions on the primary contact page may be left blank. However, the same person may hold multiple posltions. At third-party consultant/contractor cannot be listed as the Primary Contact The Certifying Official must be an individual who possesses the authority to obligate funds and enter into contracis on behalf of the subreciplent. or Certifying Official. All contacts require a unique email address. August 2023 VOL TT PAGE 075 TDEM THET TEXASARM UNIVERSITYSYSTEM Designation of Subrecipient Agent (DSA) Form D) User Access Levels Full Access to the Grants Management System (GMS) will allow a user to perform tasks such as submitting quarterly reports and requesting relmbursements, time extensions and scope/cost modfications within the State pfTexas Grants Management System on behalf of the subrecipient. Contributor Access will allow a user to upload and update documentation and enter notes, The user will not have the abillty to Read Only Access will allow a user to view information in GMS but will not grant them the ability to edit any existing information themselves. The Primary, Secondary, and Finance contacts will always be granted Full advançe workflows. Access. E) Updating User Access: The subreciplent can request that GMS access be added or revoked from ac contact at any time Ift the need arises, however an updated DSA must be Ifanew DSAis submitted with a different person listed for a position on the Primary Contacts page, the old contact holding that position will be removed. If a new contact Is added on the additional contacts page, no old submitted. contacts will be removed. August 2023 VOLTT PAGE 076 TDEM TETISAsKUmsN Designation of Subrecipient Agent (DSA) Form Subreciplent: Dalla County Public Assistance a Hazard Mifigafion Mufual Aid D Other D Other: Disaster Number(s): Ai "Leave Disaster Number(s)! blank Ifc onlys selectIng Mutual Ald APrlmary'Agentz Cannot be a contractor. Serves as the primary point of contact for projects. Name: Position/Title: Counly. Judge Email: Organization: a Tanner Crutcher tmathar@alnumyacon Office Number: 903-395-4400 ext. 9301 Cell Number: Fax Number: 903-395-2178 The Primary Agent will have full access to GMS. asb SecontarAgoni2s Serves as the secondary polnt of contact for projects. Name: Emalil: Robert! D.Hurst humi@.dalacounyicom Office Number: 903-395-4400 ext. 9301 Cell Number: 903-243-3330 Fax Number: 903-395-2178 Position/Title: Emergency! Management Coordinator Organization: Della County The Secondary Agent will have full access to GMS. wPtimary/FinahcoAse Serves as the primary point of contact for financial matters Name: Position/Tile: Email: Debble Hule Office Number: 903-395-4400 exi. 9302 Cell Number: Fax Number: 803-395-4260 Organization: chule@lalmcuny.cson The Primary Finance Agent will have full access to GMS. Serves as the official representative of the organization. cettyngoreaiks Must possess the authority to obligate funds and enter Into contracis forthe organization. Name: Email: Tanner Cnutcher truichurgaalamomypcon Office Number: 9D3-395-4400e ext. 9301 Cell Number: Fax Number: 903-395-2178 Contributor E Read-Only Posltion/Title: Counly Judgo Organization: Della County GMS Access (pick 1): Full E - hn Tanner Crutcher 8/23/24 Date Signature of Certifying Official Print Name (Must be a Mayor, Judge, or Executive Directorwith: the authority to obligate funds & enter into contracts for the organization) August 2023 VOL TT PAGE 077 TDEM THETEXASARML UNIVEISITYSYSTEM Designation of Subrecipient Agent (DSA) Form Alternate/Contact) Name: Email: Carolina Castra FEMASenlamgmsihstamt Office Number: 346-471-5845 Cell Number: Fax Number: Position/Tite: Direclor OfFEMA Services Organization: GranWorks, Inc. GMS Access (pick 1): Full E Contributor E Read-Only E AlernatelContatt: Name: Email: Marla Bedla malahuda@ganharane Office Number: 346-471-6114 Cell Number: 381-585-8588 Fax Number: Posltlon/Title: Hezard Milgation Program! Manager Organizatlon: GranWorks,! Inc. GMS. Access (pick 1): Full E "Contributor D Read-Only Alternate'Contact: Name: Position/Tile: Email: Organization: Office Number: Cell Number: Fax Number: GMS Access (pick1 1): Full D Contributor D Read-Only Alternate Gontacts Name: Position/Title: Email: Organization: Office Number: Cell Number: Fax Number: GMS Access (pick 1): E Full D Contributor D Read-Only Altarite-Contac! Name: Poslion/Title: Emall: Organization: Office Number: Cell Number: Fax Number: GMS Access (pick 1): Full / - h Contributor Read-Only D 8/23/24 Date Tanner Crutcher Signature of Certifying Officlal Print Name (Must be al Mayor, Judge, or Executive Directorwith the authorlly toc oblgate-funds & enteri Into contracts fort tha organization) August 2023 VOL TT PAGE 078 TDEM THETIXASAGMI UNIVERSITYSISTEM Designation of Account Approval (DAA) Form Form Instructions The following must be completed for access approval for subrecipient accounts In the Texas Division of Emergency Management (TDEM)'s Grants Management System (GMS). A) The Designation of Account Approval (DAA) form is used to assign an approver for a jurisdiction. The default approver for access to a jurisdiction is the Certifylng Official. B) For the contacts: Both the Primary Approverand the Secondary Approverwill have Full Access to their jurisdiction's GMS account and will be responsible for the permissions, access levels, and approvals. They will also be responsible for providing updates if a user leaves the organization or None of the positions on the page may be left blank. The same person cannot hold the Primary Approvera and the Secondary Approver. The Primary. Approveris the person at the organization that is responsible for approving requests for access to GMS. The Secondary Approveri is the Primary Approver's designated * ACertifying Official must be an individual who possesses the authority too obligate funds and enter into contracts on behalf ofthe subreciplent. At third-party consultant/contractor cannot be listed as the Primary changes roles. alternate. Approver or Certifylng Official. All contacts require a unique emall address. C) User Access Levels Full Access to the Grants Management System (GMS) will allow a user to perform tasks such as submitting quarterly reports and requesting relmbursements, time extensions and scope/cost modifications within the State of Texas Grants Management System on Contributor Access wlll allow a user to upload and update documentation and enter notes. The user will not have the ability to Read Only Access will allow a user to view information in GMS but will not grant them the ability to edit any existing information behalf ofthe subreciplent. advance workflows. themselves. August 2023 VOLTT PAGE 079 TDEM TITISASAUMwIsItmA Designation of Account Approval (DAA) Form Subrecipient: Della Counly Grant Program (PA/HM) E Tax ID: 75-6000914 UE!: HSMSPK9AXSM1 Mutual Aid PAinaryApproves Cannof be a contracfor. Serves as the primary point of contact to approve access requests for your GMS account. Name: Email: Tanner Crutcher Emichargialasunyacm Office Number: 903-395-4400 ext. 9301 Cell Number: Fax Number: 903-395-2178 Position/Title: County Judge Organization: Della County The Primary Approver will have full access to GMS, 3 Robert D. Hurst huni@.alacoumly.x.com SatondigyAPPoRRA Serves as the secondary point of confact to approve access requests for your GMS account. Name: Email: Office Number: 903-395-4400 ext. 9301 Cell Number: 903-243-3330 Fax Number: 903-395-2178 Position/Title: Emergericy Management Coordinator Organization: Della Counly The Secondery Approver will have full access to GMS. GaribinyHeBR: Serves as the official representative of the organization. Must possess the authorify to obligafe funds and enter into contracts forthe organization. Name: Email: Tanner Crutcher Eruiceharelialascoumy.cmn Office Number: 903-395-4400 ext. 9301 Cell Number: 903-243-3330 Fax Number: 903-395-2178 Position/Title: Counly. Judge Organization: Della County GMS Access (pick1): Fuil D LN Contributor Tanner Crutcher Read-Only D 08/23/2024 Date Signature of Certlfying Official Print Name (Must be al Mayor, Judge, or Execulive Diractorw with the authority to obligate funds & enter Into contracts for the organization) August 2023 TEXAS ASSOCIATION of RAB5,ABRS HEALTH AND EMPLOYEE BENEFITS POoL August 29, 2024 Hon. Tanner Crutcher Delta CountyJudge 200 WI Dallas Ave Cooper, TX 75432-1724 Dear) Judge Crutcher: TheTexas. Association of Counties Health and Employee BematisPo/CACHEB) is pleased to enclose For over a decade, the Pool renewal has been below the state average forl health plan rate increases. Whilel high-cost claimants (individualswhose claims exceed $50,000) and Mphomtgpadllymadastiens continuei tol have as significant impact, the Pool renewal average of4.6% is once again below the projected 2025 medical and prescription drug trend (healthcare cost inflation) for Texas, which is 7-13%. Renewal rates are set annually using a comprehensive acharial process that determines the amount needed by the Pool to fund claims and operating costs for the coming year. We then evaluate each individual county or district based on a combination of the group's size, claims experience, high-cost claimants, age and gender statistics, and geographic area (healthcare claims vary significantly by geographic region of the state). Based on this analysis, Delta County's renewal rate may be above or below the Pool average. Your renewal rates for Plan Year 2025 are enclosed, along with your TAC Employee Benefits and Wellness Consultants' contact information. Your renewal information Instructions for completing your renewal selections online are provided in a separate attachment within TACHEBP understands how valuablehealthcare' benefits are foryoure employees and their families. We appreciate your partnership with the Pool and are pleased to help Delta County offer this important employee benefit. Again, we thank you for your membership in the Pool and look forward to working Delta County's employee benefit renewal for your upcoming plan anniversary date. include may alternate benefit plans (ifnot, alternates are. availableupon: request). your: renewal email. with you during the upcoming plan year. Que QL Quincy Quinlan, Director, Health and Benefits Services Department Texas Association of Counties Sincerely, CcDebbieHuie 10. Jux! 2181 -Autalin. 'X 78708-1151 (61:2) 4178-8761 (B00) 450-0974. (612) d81-8181. HAK. wwwvuntyeE Gvap, TtehhlGavantse- AXT Complisiatléa- msbiilty tivémse TEXAS ASSOCIATION of RABEARs 081 HEALTE AND EMPLOYEE BENEFITS POOL Delta County's Renewal Rate change(s) for Plan Year 2025: Caus Health Plan: 4.6% Dental Plan: Employee or Employer-pald options available. Life Plan(s): Employee or Employer-pald options avallable. Vision Plan: No change to current Vision rates. VOTE asrene 0Z nIStOTAGHEBR Contact your TACI Employee Benefits Consultant right away if you: Want to discuss alternates (which may lower rates), and/or to! learn about thei impact tof Wantinformation about other' TACHEBP employee benefit plans (Dental, Life, or Are considering changes to your personnel policies thatwill affectbenefits (such as Employee Benefits Consultant: Jonathan Collander onatlhanc@counvy.org, (800) 456-5974 HEALTHY COUNTY FORMS: Your renewal packetincludes) Healthy County Contacts and CSI (County Specificl Incentive) documents. Please review and make changes as needed to your Wellress contact information. Please complete both forms and return them with your renewal. Contact your TACWellness Consultant: ifyou have any changes to your plan Vision) adding/dioppingretire. benefits, changing waiting period, etc.) questions. Wellness Consultant: Tasha Brent (ashab@county.org) (800)456-5974. EMPLOYEE OPEN ENROLLMENT: Youl have the option to allow employees to: make their open enrollment changes online through the Employee Self-Service portall by AFFORDABLE CARE ACT FEES: The HEBP Board voted to pay 2024. ACA fees on behalf ofPooled groups; see attached 'Health Care Reform Updates' document for details. OPEN ENROLLMENT TOOLKIT: This will be sent via email by October 14and contains the forms and notices your group will need to process employee benefit renewals. WHEN IT'S DUE: Once your renewal benefit decision has been approved, complete: 1.1 Deita County's Renewal Notice and Benefits Confirmation (RNBC) AND 2. Healthy County Wellness Contacts and CSI forms, print and initial/sign where indicated, and return to' TACHEBP via email, or fax to (512) 481-8481 on orb before the logging on tol pelnyerelsounyas date shown below. TEXAS ASSOCIATION of RAG5A82S HEALTH AND EMPLOYEE BENEFITS POOL ACTIONFREQUIRED: Onceut e newa intialedandsi renewa teithan October7, zomm RNBGATO eture RNBCkto NOTE: Submitting your RNBC after the due date wil result in a delay In Implementing your benefit plan renewal, including employee enrollment changes. Renewal Attachments: Renewal Letter Renewal Documents Renewal Notice and Benefit Confirmation (RNBC)* 12-month Claims Report High-Cost Claimant (HCC) Report Healthy County Wellness Contacts designation form * Healthy County County-Specific. Incentive (CSI) election form * Renewal Packet Online. RNBC Completion Instructions *return inifialed/signed copies fo' TACHEBP! by due date Renewal Packet contents: Renewal Checklist Renewal Calendar Affordable Care. Act update memo for 2024-25 TACHEBP Territory Map and Contacts O 95 N Syos COUN 2024-2025 Renewal Notice and Benefit Confirmation Graup: 374974-Della County Anniversary Date: 01/01/2025 Return to' TAC by: 10/07/2024 Please inllial and complete each section confirming your group's benefits andi fll out the contribution schedule according to your group's funding levels. Faxt to! 5124818481 or emall tol lacy@counly.org. Fora any plan or funding changes other than those IIsfed below, ploase contactL Lacy, Jones at 8004565974. a : Medica! a MedIcal: Plan 1100-NGS $25 Copay, $750Ded, 80%, $3000 OOP Max, $35 Sp Copay RXI Plan: 5A-NG $10/30/50, $0 Ded Your % rate change Is: 4.60% Your payroll deductions for medioal beneflts are: Pre Tax Tler Current Rates $903.40 $1,897.12 $1,984.38 $1,145.34 $1,198.02 $2,322.12 $2,428.94 Now Rates New Amount Now Amount New Amount New. Amount Effective 01/01/2025 $944.96 Employer. Pays $ $ $ $ $ Employee Pays $_ $_ E $ Employer Pays for Retiree (IF applicablo) $_ $_ DE Retiree Pays (IFapplicable) $ $ $ $ $ Employee Only Employee & Spouse Employee & Chlid Employee & Famlly Employee & Chlid(ren) $1,443.24 $1,509.62 Inltial to accept Medical Plan and New Rates, VOL TT PAGE 084 O Vision Vision: BASE-12/12/24, $10 Exam Copay, $25L Lenses Copay, $100 Frame Allowance Your % rate change Is: 0.00% Your payroli deductions for vision benefits are: Pre Tax Tier Current Rates New Rates New Amount New Amount Now. Amount New. Amount Erfectiva 01/01/2025 Pays $7.94 $7.56 $11.70 $3,96 Employer Employee Employer Retires Pays (f $ $_ - $ $ Pays $ $ - $ $ 5 Pays for Refiras (IF appllcable) applicable) $ - $ $_ Employes & Chlld(ren) $7.94 Employee & Spouse Employee & Employee Only $ $_ $ $_ $7.56 $11.70 $3.96 Family Initial to accept Vislon Plan and New Rates, 374974-Della County, 2024-20251 Renewal Nollce and Benefit Conlirmatlon VOL TT PAGE 085 Waiting Period Walting perlod applies to alll benefits. Employees Date ofH Hire Elected Officials Date of Hire Initlal to confirm. 374974-Della County, 2024-2025 Renewal Nolice and Benelit Gonfimmatlon VOL TT PAGE 086 COBRA ADMINISTRATION Please Indicate how your group manages COBRA administration: ICounty/Group: processes COBRA on OASys E BCBS COBRA Department; processes COBRA "County/Group. Is responsible. forf fulfilling COBRA. notification process andi requlrements. *BCBS COBRA Department. administers via COBRA contract with the County/Group County/Group processes TAC HEBP Continuation of Coverage on OASYs County/Group is responsible for fulfilling COBRA notification process and requirements Initial to confim COBRAAdminlstralion. C O 374974-Della County, 2024-2025 Renewal Natice and Beneflt Confirmation VOL TT PAGE 087 PLAN NFORMATION Broker or Consultant Information Please confirm your broker or consullant's name, ffapplicable: Agency Name Address City, State, Zip Broker Rep or Consultant's Name: Contact Phone Number: Confact Email Address; Initial to confirm Broker or Consultant information Please update broker or consultant's Information. IFa applicable, broker commissions are Included In rates listed on page 1. Retirees pay the same premlum as active employees regardless of age for medical, dental, and vision. Rates based upon current benefits and enrollment. Asubstantlal change In enrollment (10% over 30 days or 30% over 90 days)r may: result Ina a change in rates, Form must be recelved by In order to avold addltlonal administralive fees. Signature on thet following page Is required to confirm and accept your group'srenewal. PHYSICAL MAILING ADDRESS Please confirm your group's physical mailing address information: Address 200 West Dalles Ave Cooper, TX75432 Inltlal to confirm Physical Malling Address, 374974-Della Counly, 2024-2025 Renewal Notice: and Benelit Confirmation VOL TT PAGE 088 TAC HEBP Member Contact Designation CONTRACTING AUTHORITY As speclfled Ini the Interlocal Participation. Agreament, each Member Group hereby designates and appoints, as Indlcated Int the space provided below, a Contracting Authority of department head rank or above and agrees that TACI HEBP shall NOT be required to confact or provide notlces to ANY OTHER person. Further, any notice to, or agreement by, al Member Group's Contraoting Autharily, with respect to: service or clalms hereunder, shall be binding on thel Member Group. Each Membar Group reserves the right to change Its Contracting Autharily from time tot time by glving writlen notice to" TACHEBP. Name/Title Tanner Crutcher/County Judge Please list changes andlor corrections below. Address Phone Fax Emall 200 West Dallas Ave Cooper, TX75432 9033954400 9033952178 Erucher@calasoumycon BILLING CONTACT Responslble for recelving alll Involces relating to HEBP products and services. Please list changes and/or corrections below. Name! /Title Debble Hule /Treasurer Address Phone Fax Emall 200 West Dallas Ave Cooper, TX75432 9D33954400 9033952178 nue@ulacouny..com COUNTY REPRESENTATIVE HEBP's main contact for dally malters pertaining to the health benefits. Please list changes and/or corrections below. Name /Title Debbie Hule /Treasurer Address Phone Fax Emall 200 West Dallas Ave Cooper,TX75432 9033954400 9033952178 dhule@ealacony.z.com Signature of County Judge or Contracting. Authority Date: Please PRINT Name and Title The Texas Association of Caunties would lke to thank you fory your membership. in the onlyallo county-owned and county directed Health and Employee. Benefits Pool In Texas. 374974-Della County, 2024-2025 Renewal Nolice and Benefit Confirmation 2024- 2025 Alternate Plan Proposal Group: 374974-Delta County Erfective Date: 01/01/2025 Current Plan' Year Renewal Rates Option1 Optlon2 RX-5A-NG $887.46 $1,862.62 $1,124.88 $1,417.20 $2,279.88 Option3 RX-5A-NG $854,24 $1,792.28 $1,082,62 $1,363.82 $2,193,48 Plan: Optlon: Rates Employee Only Employee & Spouse Employee & Child Employes & Child(ren) Employee & Family Medical Plan Deductible In/Out Network Fg-insurance%6 In/Out 6-Insurance Maximum Office' Visit Spoclalist Visit Emergency Room Hospital Prescription Plan Prescription Card Co-Pay Deductibie Plan 1100-NGS Plan 1100-NGS Plan 1200-NGS Plan 1300-NGS Plan 1400-NGS RX-5A-NG $903.40 $1,897.12 $1,145.34 $1,443,24 $2,322.12 $750/1000 80/60 $3000/6000 $25 $35 $150 $10/30/50 $0 RX-5A-NG $944.96 $1,984.38 $1,198.02 $1,509.62 $2,428.94 $750/1000 80/60 $3000/6000 $25 $35 $150 $10/30/50 $0 RX-5A-NG $920.88 $1,933.42 $1,167.40 $1,470.94 $2,366.46 $1000/3000 $1500/4500 $2000/6000 80/60 $3000/6000 $30 $40 $150 $10/30/50 $0 80/60 $3500/7000 $30 $40 $150 $10/30/50 $0 80/60 $4000/8000 $35 $45 $150 $10/30/50 $0 Proposal rates are based on the following information: 90 days) may result in at change Int rates, Rates based upon current benefits and enrollment. A: substantial change In enrollment (10% over 30 days or 30% over Rates are based on a minimum employer contribution of100% of the employes only rate or current funding level. Retirses pay fhe same premlum as active employees regardless of agei for medical and dental. Form must be recelved by 10/07/2024 in order to avold a delay In Implementation of benefits and/or late processing fees. Please Indicate the selected plan here Fax the slgned document to! 5124818481 or emall tol lacy@county.org. Signature_ Date_ 374974- Delta County, Alternate Plan Proposal TKANVOLSTATION of COUNTIES HEALTH AND EMPLOYEE BENEFITS POOL 12-Month Medical Report Post! Date: Jul2 2024 Rows : (Paid] Date) Columns : (Metrics) Paid! Date : Last 12Months) [Aug 2023-Ju/2024 Account : (00094500-POOLED) Coverage Type : (Medical) Group : 0149/4-DELTACOUNTA, PAGE 090 Metrics : (Average! Members, Average Subscribers, Total Contribution, Medical Pald, Pharmacy Paid, Paid) Jan: 2024 Feb: 2024 Mar 2024 Apr 2024 May2 2024 Jun 2024 Jul2 2b24 17 17 $15,357.80 $616,31 52,654.48 $3,270.79 17 17 $15,357.80 $505,06 $77.23 $582.29 18 19 $16,503.14 $447.61 $21.49 $469.10 18 19 $16,503.14 $236.69 $2,650,88 $2,887.57 18 19 $16,503.14 $1,044.22 $1,008.72 $2,052.94 19 $16,503,14 $5,662.82 $1,862.81 $7,525,63 18 19 $16,503.14 $10,239.51 $1,232.40 $11,471,91 $113,231:30 18,752.22 $9,0,01.52526023 18 Tafsilaeafrldie, :S 2818 Drnrialene and O O TAVOITATION of COUNTIES HEALTH AND EMPLOYEE BENEFITS PooL PAGE 091 HCC-I No PHI Post! Date: :Jul2024 Sorvice Category: Total (InpationtF Facilty, Outpatient Faclity, Pharmacy, Professional) Metrics: (Pald) Claim" Type: (MEDICAL, PHARMACY) Coverago Type: (Medical) Group: (374974-DELTA COUNTY) Pald Month :Last 12N Months [Aug2 2023- -Jul2 2024] Paid greater ore equal 10000.00 Pald: desconding Query Total 17640125490 Active $14,934.31 $173,38 $15,107.69 $15,107,69 1 -$14,934.31 $i73.38 Proprietary and Confidential Page1 Post! Date: Jul 2024 Craafori Created Rir Adrianna On: 08/14/2024 Rethka VOL TT Oplogether Stronger: County Better. ASSOQIAYSION .GOUN VNATAIeIONoT BERETESODE HEALTHY COUNTY WELLNESS CONTACT DESIGNATION Delta County WELLNESS COORDINATOR The Weliness Coordinatori ist the primary contact regarding the Healthy County wellness program. The wellness coordinatori is responsible fora administrating Healthy County components and Informing employees of all wellness resources avallable, Current Wellness Coordinator Pleasel list changes and/orcorrections: Name: Title: Address: Emall: Phone Number: WELLNESS SPONSOR The Wellness Sponsor is responsible: for supportingthe coardinator in administrating Healthy County components and encouraging county emplayees to access all Healthy County wellness resources available. An elected official in this role is preferred to Illustrate management: support for wellness. Current Weliness-sponsor Name: Title: Address: Email: Phonel Number: Please list éhangesanfercorectioms: Contracting Authority Signature: Date: VOL TT PAGE g 6 Healthy) County Together Better: Stronger: TKAS ASSDGRATION of COUNISS HEAITI ANT BAPLONIE BRNIS ToGt HEALTHY COUNTY: COUNTY SPECIFICI INCENTIVE PROGRAM ACounty Specific Incentive (CSI) Is a weliness program that rewards employees and/or spouses for healthy behavlors such as completing an annual exam, tobacco affidavit, or particlpating In a physical activity program In exchange for avoiding a premlum contribution, al lower monthly premlum, earn additional days OfPTO, or other rewards decided on by the County or District. Penalties and Rewards arei administered at Healthy County Is avallable to assist int the process of designing, communicating, and tracking a CSI. Employees willl be: able to view their progress and completion oft thel incentive online or on the mobile app. the county or district level. YOUR COUNTY OR DISTRICT'S CSI Ourr records indicate that your County or District does not currently have: a CSI. Please make a selection below tol let us know ify your would like to implement a CSI or learn more: about Implementing: a CSI. Your county or district'sWelliness: Consultant will reach out to youi to discuss design options. Also, please feel free to contactyour county or district's Wellness Consultant: at any time to begin thisp process. Ifyour County or District decides to Implement a CSI, there is as six week walting perlod before employees can view the program online. [IWe would liket tol Implemental CSI Program for the 2024-2025 plan year. DJWe are Interested in learning more: about the CSI Program. OWe are notl Interested in learning more about the CSI Program att this time. County or DIstrict Name:. Printed Name and Title: Contracting Authority Signature: C Date: VOLTT PAGE 094 TEXAS ASSOCIATION of COUNTIES HEALTH AND EMPLOYEE CouRY" BENEFITS POOL Renewal Packet contents: (click on item to go to that page) Renewal Checklist Renewal Calendar Affordable Care Act update memo for 2024-25 TAC HEBP Territory Map and Contacts OHETAS ASSOCIATION of CBA8F995 HEALTH AND EMPLOYEE PouN BENEFITS POOL Plan Year 2025 Renewal Checklist To renew your TAC HEBP medical and prescription drug, dental, life, and/or vision benefits, please refer 1.) Print fhe Renewal Notice and Benefit Confirmation (RNBC) form with alternate plan options If applicable, and ofher relevant documents from this Renewal Packet that your commissioners 2.) Have your commissioners court or governing board approve the renewal plan and rates. If you are interested in an alterate plan, or making changes to your current benefits, please call your 3.) Review instructions provided by TAC HEBP to learn how to complete your renewal selections online within the new OASys platform. Instructions are included as a separate attachment to the enclosed calendar and the procedures listed below: court or governing board maywish to review. Employee Benefits Consultant at (800)456-5974. within your renewal emall. In the indicated spaces. 4.) Print the completed RNBC form and have your county. judge or contracting authority initial and sign 5.) Review your Wellness Contact Designation and Healthy County CSI Election forms, Make any needed changes to forms and have your county judge or contracting authority initial and sign in-the 6.) Return the signed Renewal Notice & Benefit Confirmation, Wellness Contact Designation, and CSI Election forms. Please email ori fax the signed forms to your Employee Benefits Specialist at indicated spaces. (512)4 481-8481, no later than Oclober7,2024. NOTE: Returning your RNBC past the due date will result in a delay in implementing your Plan Vear 2025 renewal, Including employee open enrollment changes. Additional costs for late implementation may be charged to you. Please make copies ofa all documents for your records. TACHEBP Renewal Checklist 11 06/2024 O PLAN - VOLTT : "F M E 096 AEYRENEWALDAIES ANNIVERSARY DATE Renewals Sentto Groups*- igiemail.to-HEBP Cofrecina,utostyapd a Contact) Renewal Response Due to TAC HEBP OGTOBER i Open Enrollment 00 o BB OASys Entry, Opens, Janyary Pre-hvoicaplgribyted DECEMBER 31 OASys Entries Close. JANUARY Renewal In Effect (Final Invoice distributed:t/2/25) 01 *Look at Commissioners Court/ Board meaing@fesnowendpin CemaeNeTeladlewase TEXAS ASSOGIATION of COUNTIES HEALTH AND EMPLOYEE BENEFITS POoL e : toy place renewa! discussionon TEXAS ASSOGIATION HEALTH AND EMPLOYEE PAGEO 097 of COUNTIES BENEFITS POoL - CouxsY Affordable Care Act (ACA) Update for 2024-25 Plan Year AGA Related Legislation As oft the current date, ACA regulations and requirements remain in force. TAC HEBP Is actively monitoring legislative endeavors aimed at modifying the ACA and will provide education and guidance to our Pool members should any changes Impact your plans and/or reporting arise In the future. We utilize external sources as well as TAC staff to monitor andanalyze obligatlons this matter. The guidance In this document Is based on the law as It currently exists. However, the update not be regarded as legal advice. We encourage you-to check with vour county attomey for a should discussion of statutory interpretation issues. Large Employer Coverage Mandates thorough Effective for plan years beginning on or after Jan. 1, 2016, employers with 50 or more full time equivalent employees must offer health coverage to at least 95% of employees who work an average of 30 hours per week or more. The coverage must meet minimum value (pay at least 60 percent of covered costs; all TAC HEBP plans comply with this requirement) and be considered affordable (employer cannot collect more than 9.61% of employee's W-2 Box 1 income for self-only coverage). Measurement Periods Employers should have defined a standard measurement period of between 3 and 12 months for tracking the hours of part-time and variable-hour employees. For plan years beginning on or after January 1, 2015, employees who work on average 30 hours per week or more during the preceding measurement period must be offered health coverage. The employee must be offered coverage fora a period of time equal to or greater than the length of the measurement perlod but not less than 6 months. Coverage will start after a standard administrative perlod of not more than 90 days. ACA. Fees ACA fees for this plan year are as follows: The Pattent-Centered Outcomes Research Instltute (PCORI) fee Is to help fund research relating to pattent-centered outcomes and evaluating risks and benefits of medical treatments, services, etc. This fee was orlginally set to end after 2019 buth has been reinstated. For 2023, the fee was $3.13 per member per year, payable in July 2024. For the 2024-25 plan year, the HEBP Board of Directors has elected to pay these fees on behalf of all Pool members. D ACA RepooL TT PAGE 098 2024 is the 10th year of reporting requirements under the ACA. In January 2025*, all employers with 50 or more full time equivalent employees must provide a form 1095C to every employee or former employee who worked full time for any month during calendar year 2022. (Full time for ACA purposes is working 30 hours per week on average over the course of the employer's measurement period.) NOTE: The IRS now requires employers who fille more than ten (10) 1095C forms to file them electronically (prior to 2023 the threshold was 250 returns). Historically, each year the IRS has extended this deadline fo the end of February. Acopy of these forms must be provided to the IRS along with an Informational transmittal form (1094C). The purpose of this reporting Is to allow the IRS to determine whether the employer has satisfied the ACA Employer Mandate, and to determine whether employees and their dependents were ellgible for subsidies when purchasing coverage through the Federal Exchange. TAC HEBP will continue offering ARTS (Affordable Care Act Reporting and Tracking Service) to counties and districts who utilize our health plans at no charge, which will enable them to produce the necessary forms. In addition to producing the required forms and filing them with the IRS, ARTS will also track lookback measurement periods and perform affordability testing when applicable. Your employees and any covered retiree or COBRA participant may also be Issued a form 1095B from TAC HEBP. The 1095B provides proof of individual coverage. for employees and their enrolled dependents. Although penalties were eliminated for the ACA Individual Mandate as of 1/1/2019, the IRS has not eliminated the requirement for producing and fillng these forms. Forms for calendar year, 2024 will be avallable upon request only In February 2025. The forms wili be fled with the IRS as required. Limits on Cost-sharing and Combined maximum out-of-pocket Effective for plan years beginning on or after Jan. 1, 2014, non-grandfathered health plans are subject to limits on cost-sharing or out-of-pocket costs. For 2024-2025, out-of-pocket expenses may not exceed $9,450 for self-only coverage and $18,900 for family coverage. Out-of-pocket costs which apply to these limits include medical plan co-payments, deductibles, and co-insurance AND prescription co-payments and deductibles. Updated May 2024 O VOL TTEXAS ASSOGIATION of COUNPIAGE 099 HEBP Territory Map Employee Benefits and Wellness Consultants NORTHIEAST EBPLCTREHERETEINSUIRET Jonathan Collander WELLNESSCONSULTANT Tasha Brent EMPLDYEEBENEFTSSPECIALIST LacyJones NORTHWEST BPUTEDHEPIECUIEUINT Kathy Davenport WELLNESS CONSULTANT Stacey Bruington EBPOTEPIEPTISSPEALST Erik Casarez Uofor Ache Graysor Jack Wiso Dpatep Colt Paki Urt His isyatio shar Nolaa Storlhng Uptan Pazgin! iron, Andrews Mrtla Loving Waklr Ectar Midland) aseoek Werd Crana Barves Tef Brawstar Ejsit AeCllot Sms tsutlm Khls Clepia Edworfs ca) Aendera Xieney Uylo ficdna Bezar untales son Vareric Zesais Sio Alascnsa Golhat Dinnit AcAs InSAla Webb Doya! Zopstu JinllogoDuadk), Stait llitkp aPaso Hodepat Cobmnn O JelDrvis d Pecas Crcatt. SuNahar Menand Maten Praifo WWEST EMPLDYEEBENEFTS: GONSULTANT Ernesto Martinez WELLNESS CONSULTANT Mark Zollitsch EAPLOTAETBRISSPEAUST Erin Crafton Malagordo EAST EMPLOYEEBENEFTSI CONSULTANT Orlando Espinoza WELNESSCONSULTANT Ashley Cureton- Whitfield PLTEREISEFEALST Hailey Gajewski NotE-adgplapasinitgie iatieiacAcEBSsgims Mfast RI Northwest West South SOUTH EMPLIVEEBENEFTS: CONSULTANT Glarissa Martinez WELLNESS CONSULTANT Biral Patel EMPLOYEEBENEFITSPELALIST Heather Hanson Northeast O (800) 456-5974 county.org March 2024 Coust VOL TT PAGE 100 RenewalNotice and Benefit Contirmation (RNBC), Alternate Plan Selection and Online Completion Instructions Thankyouforusing OASys to view alternate plan options and completingyourl Renewal Notice and Benefit Confirmation (RNBC) online and on time! Ifyour group is not interested In seeing alternate plan designs, refer to Section to continue processing: your renewal paperwork online. I. To viewr altermate renewal Medical and Rxc options LogintoOASys> County Admin tab: > Alternate Renewal Information (Alternate RNBC) Paticmpontcencrr MwAVpantsmniad Personulc Communicalions PatiopmntBenent VerkUphateemaleDal County Admin Al.CoantyAdminpages Admin Edit/Add Employee CobraWizard "RNBC Renewal. Information Alternate Renewalinformation "Reports System Reports -Billing Billing! Invoice Payment History -HEBP Summary Selectt the upcoming Plan Yeara and you will see your group's name. RNBC- Alternate Renewal. Information Plan Year 2025 Select Group: Training County VOLTT PAGE 101 Use the dropdown menu and select Status' (Active Employees) and "Plan, then clickthe orange View. Alternate Options'button on the right side oft the screen. Select Group: Training County Status: Active Employees w Plan: Plan 1200-NGS V MAltemnat ponS The screen will then populate with a side-by-side comparison of highlights for your Current Plan, your Renewal Plan and up to three (3) alternative plans. Saject Group: Sulus plan! GA Opton Optionz Rates oConay OOPHIE HOSDCoRY 0/5/40 Copzy OOOP Spcopy M copay NaX Sp Copa 1025740 00P Hax D 0a59 an: aernala plana andd choover hichp plant Toreplacey withl thos alternalp. NOTE: If no Alternate Options are listed, or if you would Like to see different plan options, please contact your TAC Employee Benefits Specialist (EBS) and Employee Benefits Consultant (EBC) for assistance. 3) VOL TT PAGE 102 D. Selecting an alternate renewal Medical and Rx plan After you have reviewed your Alternate RNBC and the Commissioners Court or governingbodyhas: approved an Alternate option as) your plan and rates for the upcoming Plan Year, you will need to click the box at the bottom of the alternate planyouwish to select and click' PrintAlternate RNBC'. NOTE: You must print the. Alternate RNBC before clickingthe' Submit'button. You willnot be ableto print after clioking'Submit. Once you have signed the Alternate RNBC, please emall the signed form to your Employee Benefits Specialist (EBS) at7 TAC and'then click'Submit. Sibm. Salect atoup: TminisCounty Camplate! ----w-------ANe VOL TT PAGE 103 III. Completingyour RNBG online 2 IMPORTANT: When processing RNBC details online, you will be in the upcoming plan year, Plan Year 2025 (PY2025). Once completed, please log out and log backi Int toi return to the current Plan Year 2024. You can also change to Plan Year 2024 when reviewing or looking up employeerecords. Loginto OASys> County Admin tab> Renewal Information PartcipantGener Vew& VadaielalenlweDalaiaud Personai Communicalions PartopangEenens: VewckUplaleeiaftnat. County Admin Al.countyAtminpages -Admin Edit/Add Employee CobraWizard -RNBC Renewallnformation Alternate Renewall Information 1)Ratel Information 'Next. Reparts System Reports Biling Blllingl Invoice PaymentHistory -HEBP Summary Select the upcoming Plan Year and youwill see your group's name and click RNBC-F Renewal Information Plan Year 2025 V : 5" * 1 :t 4Aple Welcome to your onlineRenewal Notice and BenehtComfirmation: Group: Tralning County M et! Select a Status from the drop-down list. You will need to complete the contribution amounts for each status applicable to your group (Active, Retiree, COBRAOTACHEBP Continuation of Coverage). VOL TT PAGE 104 Group: Statis: Benefit: Training County Select a,Status Seledtastat Retirees Cobra Participants VieData Active Employees Selecta al Benefit: from the drop-down list. Group: Status: Benefit: Training County Select a Status Select al Benefit 1-Medical .2-Dental 3-Vision Vieupata Selecha Beneil 4- Basic Term LIfe Insurance 8-E Basic Accidental Death. & Dismemberment (AD&D) Selectal Plani from the drop-down list. Group: Status: Benefit: Plan: Training County Active Employees V 1-Medica! Select a Plan M Plan 1300-NGS EMDta Selepbaplan, Onceyoul have madey yours selections, click ont the orange "View Data' button and the rate information for1 the Status, Benefitand Plan will appear. Group: TralnlngCounty Status: ActVgE Employzes V Banofit: 1-Medien! Plan: Plon13D0-NGS V l6n Medical Plan: 1300-NGS SB0 Copays $1500 Ded,8 808535000OP Max. our pyrollc deductions! fort medical beneiis are:P PreTor $405pCopay mount Employer Pays $0,00 $0.00. "$0,00 $0.0D Employac Pays $0,00 $0.00 $0,00 $0.00 Employce Only Employea &Spouse Emploype &Child(jen) Employee &Famlly $832.65 $1,751.40 $1,249.36 $2,102.90 $870.56 $1,831.96 $1,306.82 $2,199.62 't y VOL TT PAGE 105 a Click on the notepad icon. Thiswilaliowyout to enter Employer and Employee contributions foryouru upcoming Plan Year. Group: TralningCounty Status: Active Employges V Beneflt: Z-Medical Plant Plan 3300-NGS V Empleyuéoaly Implaspoue Vx Emplogeetchictrun) Implcyerblemty SazGs 91,731A0 $87096. $1A3L,96 $1,14326 $7,10150 $1,104.52 $2.173.82 $370.95 $a7a96 $570.90 D7a55 $aoo $S5L00 $435.35 313.5s Clickt the green checkmark to the leftto saveyour entries, The system will automatically calculate to ensurethat' the Employer Pays and the Employee Pays amount total the New Rates. NOTE: Contributions for ALL statuses and benefits must be completed before you can move on. Once all contributions have been entered, click the orange 'Next' button. (ifyou receive an error message, this is likely because contributions are missing for a status or beneflt.) ex Contactinformation Youwill update your group's contact Information by selecting the contact type in the drop-down list and clicking View Data'. The information shown is current OASYys data for your group. Please review and make changes If applicable by clicking 'Edit' and' 'Save'. Contact Type: Select an Contact Type mE SeledlapyConiac: Type BII Representative Contact Information County epresenatve-comac: nformation Contracting Authority Broker Contact Information VOLTT 3)Waiting Periods PAGE 106 Toviewyour current Waiting Periods for Active employees, click the orange View Data' button. (NOTE: You cannot change your groups Waiting Period via OASys. If your group would liket to change their Waiting Period, please contactyour" TAC Employee Benefits Specialist (EBS) fori instructions. TACwilneed written confirmation of anyWaiting! Period changes.) Clickthe orange 'Next' button to proceed. 90 days - Day fallowing walting period iDate of HIre 4)Retiree Information Ifyour group covers Retirees on any TACH HEBP plans, clickthe orange View Data' button. Ifo changes needtol bet made, clickthenotepadk Iconr next tot thel benefita and click the correct box designating Pre or Post 65 eligibility. Click the green dhasmaktolelab-syeFsapGTREawpsemaapa.aw sureyour EBSI Is aware.) Click the orange Next' button to proceed. BenefitPre 65 Post 65 EllgbilyEllgibilly EMedical D3 EBbental vision D 0 5)COBRAI Information Click ont the orange "View Data' button and thes systemwill: display the current option for coBRAadministration. To update this information, clickthe notepad Icon next and selecti the option) you want. Clickt the green checkmarknext: tot the leftt to save your entry. (NOTE: If changes are! beingr made, please make surey your EBSIs aware.) 665D 2 ySop PRERE TMENT epks prRACICASI VOLTT PAGE 107 Yourrenearvyfinlshed! Click ont the orange Submit'button to proceed. Ifsteps1-5were completedsucoestuly, the system will confirm. Completel Vourhaves Once you successfullys haves signad completed thel RNBC, pleasee yourr renetvall emallt thesignedi Information. form Please dick: the* "Print RNBC" buttont top print ands signy your Presentationutiny. tayoure Employee Benefitss SpeclallstatTAG, THAT'SI IT. YOUDIDIT! The final step is to printyour RNBC and secure the necessary Initials and signatures, then send the document to TAC. Click on the 'Print RNBC' button and a completed version of your RNBC documentwill: appear. Note: Printing the RNBC takes quite a bit of time to download. There maybeap pop-upb hoderthatwtnmadehnasehampacheteRC ini PDFformat can be viewed. Once printed, please reviewthe competed RNBCforaccuracy. Haveyour groups designated ComtactingAtonymtialylntalwheehdluntedend sign at thel bottom ofthe "Contact information' page. lfyout find an: error orneed to changes something oncey you have completed the RNBC process, please contactyour Employee Benefits Specialist. Scan and emall ort faxt the signedcopytoyour Employee! Benefits Speciallstat TAC. Erin Crafton: ernc@countyorg Halley Gajewski: halleyg@countyorg Heather Hanson: neatherh@countyoTg Lacy) Jones: acy/@countyorg Erik Casarez: arlkc@countyorg TAC HEBP Secure Fax: (512)481-8481 ThankyouforcompletipeuraNBCeminanlnalWelokfonward to anctmerwonderulyear ) ofservingyoul VOL1 TT PAGE 108 DELTA COUNTY IN DELTA COUNTY ROADWAYS PERMIT PROCEDURES POLICY AND APPLICATION FORROAD BORE AND ROAD CUTS Applicant will make application for a permit to bore underneath a Delta County Road. The. Application will contain the: following: 1. Identification oft the company that is making the application, and any contractor OR 2. Describei the nature oft the utility/pipeline that will be placed underneath the county road, with citation to the statutory authority for placement undemeath the county road. 3. Describe the dimensions oft thet utility/pipeline, and a statement that the: facility will be installed in conformity with all applicable state or federal regulations, along with a 4. Representation that Best management Practices will be used to minimize erosion, contamination, sedimentation and a commitment to restore the work area to its former 5. Describe fully all traffic control measures to bei utilized, in conformity with the Texas Manual ofUniform Traffic Control Devices tol be used during construction. 6. Describe fully thel location oft the proposed line, the scope ofv work intended, and any engineering design/drawings, or schematic to fully described the work to bej performed. 7. Particular details regarding the minimum depth oft the utility/pipeline, any safety features, such as cathodic corrosion protection, casing or sleeve pipe to: facilitate subsequent repairs ofthe utility/pipeline, and the location ofs such utility/pipeline in relation to the traveled portion oft the roadway, as well as any drainage facilities related 8. Full design drawings for any access driveway, and whether such access will be temporary or permanent ini nature, including drainage considerations, and line ofsight sub-contractor actually doing the work. citation to the applicable: regulations. state ofusefuiness, incladingrevegelation oft the project area. tot thei roadway. dimensions. IT ISI EXPRESSLY UNDERSTOOD THATDELTA COUNTYDOISNOTPURTOET: BYTHE CONSIDERATION: TOR GRANTING OF APERMIT, TOI EXTEND. ANY GRANT, RIGHT, CLAIM, TITLE, Delta County Road Bore/Road Cut Pollcy ahd Application Page1of7 VOL1 TT PAGE 109 5 ORI EASEMENT: IN ORI UPON" THE. IDDENTIFIED ROAD, AND THATTHE. APPLICANT ACKNOWLEDGES THATDELTA COUNTYMAY: REQUIRETHE. APPLICANT, ORANYS SUBSEQUENT OWNER, TOI RELOCATETHELINE, SUBJECT TO: THEI PROVISIONS OF TEXASIAW,BYGIVING APPROPRIATENOTICE Pursuant to $251.156 Texas Utilities Code, Iti is understood and agreed that any damages sustained toi the facilities installed under any permit as a result ofroutine countyroad maintenance, including but not limited to mowing, ditch cleaning, culvert repair or replacement, roadway excavation and base work as ai result ofinsufficient ground cover over the installed facilities shall be the responsibility ofthe Applicant. Routine county road maintenance is defined by $251.156 (C)(2), Texas Utilities Code Applicant will notify Delta County not less than two business days prior tot the commencement of any work conducted by the. Applicant within the county road right-of-way, and will conduct such work in ai manner suitable to the County Commissioner or Commissioners Court, Applicant shall conduct all work in conformity with the construction plans and traffic This. Application will be reviewed by the Delta County Commissioners Court, or its designee in a timely manner. The Commissioner for the. Precinct in which the project is located will bei thej primary County contact and official responsible forreview ofthe Application. The Commissioner may require a site visit prior to the approval ofany permit application. Such site visit is optional with the Commissioner or his designee, but in any case, control detail required by this application. ) detailed'plans and specifications oft thej proposed project willl be required. Note that the: requirement ofg111.020()4), Texas Natural Resources Code shall be treated as a minimum spacing for installations laid parallel with a county maintained roadway, and may bei increased by the County so insure that parallel lines do not interfere with the primary use oft thej public right-of-way as ai means ofvehicular traffic. Pursuant to $8251.003 and 251.016 ofthe Texas' Transportation Code authorize the commissioners court to order such permits be required. $251.017 grants the commissioners court the authority to set ai reasonable fee for the county's issuance ofaj permit authorized by chapter 251 for which a: fee is not specifically prescribed. Based upon the: foregoing, the Commissioners Court ofDelta County sets the sum of$500.00 as as reasonable fee for the issuance ofs such permit as identified within this document. Commissioner responsible for the area subject to the permit. Ifapproved by the Commissioners Court, the Road Bore Permit will be signed by the ) Delta County Road Bore/Road Cut Policy and Application Page 20 of7 VOL1 TT PAGE 110 DELTA COUNTY IN DELTA COUNTY ROADWAYS PERMIT PROCEDURES POLICY AND. APPLICATION FORI ROAD BORE AND ROAD CUTS Applicant will make application for a permit to bore underneath a Delta County Road. The. Application will contain the following: 1. Identification oft the company thati is making the application, and any contractor OR 2. Describe the nature oft the utility/pipeline that willl be placed underneath the county road, with citation to the statutory authority for placement underneath the county road. 3. Describe the dimensions oft! the utility/pipeline, and a statement that the facility will be installed in conformity with all applicable state or federal regulations, along with! à 4. Representation that Best: management. Practices will be used toi minimize erosion, contamination, sedimentation and a commitment to restore the work area to its former 5. Describe fully all fraffic confrol measures to be utilized, in conformity with the' Texas Manual ofUniform Traffic Control Devices to bet used during construction. 6. Describe fiully thel location oft the proposed line, the scope ofwork intended, and any engineering design/irawings, or schematic to fully described the work tol be performed. 7. Particular details regarding the minimum depth oft the utility/pipeline, any safety features, such as cathodic corrosion protection, casing or sleeve pipe to facilitate subsequent repairs ofthe utlity/pipeline, and the location ofs such utility/pipeline in relation to the traveled portion of the roadway, as well as any drainage facilities related 8. Full design drawings for any access driveway, and whether such access willl be temporary or permanent in nature, including drainage considerations, and line ofsight sub-contractor actually doing the work. citation to the applicable regulations. state ofusefulness, including revegetation oft the project area. tot ther roadway. dimensions. ITISI EAPRESSLYT UNDERSTOOD THAT DELTA COUNTY: DOESI NOTI PURPORT, BY THE CONSIDERATIONI OR GRANTING OF APERMIT, TOI EXTEND. ANY GRANI,RIGHT, CLAIM, TITLE, Delta County Road Bore/Road Cut Pollcy and Application Page 1of7 VOLTT PAGE 111 - OR BASEMENTIN OR UPON" THEI IDDENTIFIED ROAD, AND THATTHB. APPLICANT ACKNOWLEDGES THATI DELTA COUNTYMAY: REQUIRE THE APPLICANT, ORANY SUBSEQUENT OWNER, TOI RELOCATE THEI LINE, SUBJECTTO THEI PROVISIONS OF TEXASI LAW, BY GIVING APROPRIATENOTICE. Pursuant to $251.156' Texas Utilities Code, It is understood and agreed that any damages sustained tot the facilities installed under any permit as ai result ofroutine county road maintenance, including but not limited to mowing, ditch cleaning, culvert repair or replacement, roadway excavation and base work as ai result ofinsufficient ground cover over the installed facilities shall be the responsibility ofthe Applicant. Routine county road maintenance is defined by $251.156( (C)(2), Texas Utilities Code Applicant will: notify Delta County not less than twol business days prior to the commencement ofa any work conducted by fhe Applicant within the county roadi right-of-way, and will conduct such worki in ai manner suitable to the County Commissioner or Commissioners Court. Applicant shall conduct all work in conformity with the construction plans and traffic This Application willl be reviewed by the Delta County Commissioners Court, orits designee in a timely manner. The Commissioner for the Precinct in which the project is located will be the primary County contact and official responsible for review ofthe Application. The Commissioner may require a site visit prior to the approval of any permit application. Such site visit is optional with the Commissioner orl his designee, but in any case, control detail required by this application. 3 detailed plans and specifications oft the proposed project will be required. Note that the gurpdfs1l.20)0. Texas Natural Resources Code shall be treated as aminimum spacing fori installations laid parallel with a county maintained roadway, and may be increased by the County so insure that parallel! lines do: not interfere with the primary use ofthe publici right-of-way as a means ofvehicular traffic. Pursuant to $$251.003 and 251.016 ofthe' Texas Transportation Code authorize the commissioners court to order such permits be required. $251.017 grants the commissioners court the authority to set ai reasonable feei for the county's issuance ofa permit authorized by chapter 251 for which ai fee is not specifically: prescribed. Based upon the foregoing, the Commissioners Court ofDelta County sets the sum of$500.00 as a reasonable fee for the issuance ofs such permit as identified within this document, Commissioner: responsible for the area subject to the permit. Ifapproved by the Commissioners Court, the Road Bore Permit willl be signed by the 3 Delta County. Road Bore/Road Cut Policy and Application Page Zof7 VOL TT PAGE 112 E DELTA COUNTY ROAD BORE PERMIT Al DELTA COUNTY ROADWAY FOR EXCAVATION, CONSTRUCTION, OR BORING UNDER Subject to the agreements, stipulations, and information provided in the Application, be permission to enter upon and bore under a Delta County Road known it known that Spectrum Gulf Coast. LLC Contractor: Sunrise Telecom Inc as: Countyr road 1150 FM895 as as Applicant, and its is hereby Permitted and Given at or near a point of intersection with or more specifically defined by location within Precinct # FM895 for the purpose of excavation, construction, boring or other work described in the attached APPLICATION FOR PERMIT AND AGREEMENT FOR RELEASE OF LIABILITY FOR EXCAVATION, CONSTRUCTION, OR BORING UNDERADBLTA COUNTYROADWAY AND ADJACENT: PROPERTYINI Delta County, Texas (the APPLICATION"). This PERMITisi in all ways subjectto therequirements: and restrictions ofthe Application presented to Delta County and attached hereto. The date ofissuance ofthis permit is this day of 20 F FOR. COUNTY: County Commissioner, Precinct PORAPPICANTISpaN, 6ul Coas.LC FOR CONTRACTORSunnse lulocoIne. / KNOW. ALLMEN: BY THESE PRESENTS: BEFORE ME, on the 5elugaa 2024 appeared: JDe Canades Direcho Ttoualmnsskgise and address of the primary Applicant seeking the permit, hereinafter referred to as. Applicant:] And: Slevp Cyoss-Directr Sunnae LoorName and address of company that is Confracted to do the work, hereinafter referred to as Confractor:] Applicant makes this application with Delta County for a permit to engage in activities related to the excavation, construction, or boring under a Delta County Roadway and adjacent property or other work as described below, (any and all of the foregoing activities hereinafter - Delta County Road Bore/Road Cut Palicy and Application Page 3 of7 VOLTT PAGE 113 O known as thel Project) on County Road1150 near asubdivision ori intersection described and identified FM895 [Description of work on the Project: Incorporate additional sheets if necessary and attach as ADDENDUMAJ and: stipulates as follows: Toinducel Delta County to grant thei requested permit, Applicant andi its Contractoragrees 1. Delta County, hereinafter the "County" as used herein includes Delta County, Texas, a political subdivision ofthe State ofTexas, its employees, agents, officers, and officials. Applicant as usedl herein includes Applicant named above, its officers, employees, Applicants, sub-Applicants, andi its heirs and assigns, togetherwith: its Contractor, and its officers, employees, sub-contractors and its heirs and assigns, who are jointly and 2. severally bound and obligated to the terms oft this agreement, 3. Applicant, acting by and through its Contractor, will be performing excavation, construction, boring or other work as described above in Paragraph 1 and Addendum A, ifattached. 4. D Applicant and Contractor hereby acknowledges that excavation, construction, boring and related work isa a dangerous activity.Applicant furtheracknowledges: thats such activities involve certain risks ofserious injury or death. 5. Applicant shall provide all reasonable safety equipment and take other: reasonable precautions during thel Project. Delta County isi notresponsible: forproviding or obligated top provide any safety equipment or other equipment for. Applicants employees. 6. Delta County is not liable to Applicant, any assigiee or any other person and or entity based upon any claim arising or alleged to arise from any injury, harm or damage that may occur to. Applicant or otherwise as ai result of the Applicant's activities for, in behalfof, ori in relation to Delta County. 7. Applicant and Contractor) hereby agrees toi release andi hold harmless. Delta County for all damages or losses accruing to Applicant or equipment as a result of any injury incurred or caused by Applicant or damage to equipment or injuries or death of persons which result directly, ori indirectly from Applicant's activities or participation in work or activities otherwise in, on, orabout thei roadway and property identified above. 8. Applicant and Contractor hereby agrees to indemnify, release, and hold harmless Delta County from all claims, suits, penalties, damages, or losses whatsoever asserted D Delta County Road Bore/Road Cut Policy and Application Page 4of7 VOL TT PAGE 114 against Delta County or its officials, officers, or employees arising from activities or operations related to excavation, construction, boring, or other activities Applicant's in any way whatsoever: in, on, or about the: roadway and property identified cost incurredb by Delta County as result ofthe defense against such claims, suits, above, penalties, the and damages or losses. 9. Applicant and Contractor agrees to indemnify, release, and hold harmless Delta includes but is not limited to claims, suits, penalties, damages or losses arising County from Applicants acts, actions, or omissions and Delta County's agents or employees' actions or omissions with respect to Applicant or the Project on or about the acts, described above except however, excluding Delta County's agents' or employees' location sole negligence, gross negligence orintentional misconduct. 10.. Applicant and Contractor hereby agrees to repair any damage to a county road, drainage device, drainage feature or any part ofany county road or supporting device or associated device or feature for which Delta County has a right or a duty ofmaintenance or which is customarily maintained or managed by Delta County caused by Applicants moving of equipment to or from the property identified above and any work on the the Applicant fail to make such repair within 30 days or a lesser reasonable Project. time Should after written notice from the Delta County Judge or any Delta County Delta County may make such repairs as are reasonably necessary Commissioner, or appropriate then and Applicant will pay Delta County: for the cost oft the repairs including but not limited the costs ofmaterial, labor, use of equipment and any other reasonably associated cost. tot 11. Delta County does not authorize or purport to have any anthority to authorize pipeline operations or any other work on lands in Delta County which are: not owned in fee APPLICANT MUST OBTAIN AN EASEMENT, LEASE, OR OTHER PROPERTY FROM THE PERSON WHO OWNS THE PROPERTY UPON WHICH. APPLICANT RIGHT by Delta County. simple TOCONDUCT PIPELINE OPERATIONS. SEEKS This permit isi not a substitute fors such ai right tol layapipeline upon the is only for the excavation, construction, or boring associated with fhe property. This permit a county roadway in Delta County. Any actions on the part of laying ofaj which pipeline under liability or affects the rights oft the holders of any real property shall Applicant be solely the creates any of Applicant. Any county road that is maintained under any claim less than fee responsibility example, prescriptive easement, implied easement, or adverse possession shall simple title, for Applicant to obtain from the underlying property owner an easement, lease thei underlying landowner's property for the purposes ofthis permit. require the or other right to use 12. In the event of a dispute concerning any aspect of this Application and Permit claim or dispute arising pursuant to this Application and Permit or an act or condition or any ) Delta County Road Bare/Road Cut Policy and Application Page5of7 VOLTT PAGE 115 addressed herein, Applicant agrees that venue for all court proceedings shall be in Delta 13. Neither Applicant nor Delta County have made any additional oral promises, representations, or agreements not memorialized in this document or the documents 14. The undersigned states and represents that he has the legal capacity to execute this Application obligating the respective Applicant to the terms and provisions hereof and has knowingly and willingly executed this instrument after reading same. 15.. Applicant by signing below states that hel has and maintains Liability Insurance Coverage in an. Amount of $5,000,000.00 by a company with an AM: Best Rating of not Iess than A-, toj protect the County and the Public from claims arising from the Project described 16.. Applicant agrees and understands that Delta Countyi isrelying on the insurance described County, Texas. attached. hereto and incorporated herein for all purposes. in this Application. herein as evidence of Applicant's financial responsibility. 17.Applicant's contact information: a. Name of Authorized Representative: Brendan Herbeck b. Address of Authorized: Representative: 750 Canyon Dr. Coppell TX75019 d. E-mail of Authorized Representative: emenhspesa@eastwren e. In case of emergency -24 Hour Phone: 469.587.9598 f. Name ofConstruction Company: Sunrise Telecom Inc Phone: 469.587.9598 Fax: 5 Address ofConstruction Company: 1001 Cralg Road Suite 485 St. Louis MO 63146 E-mail of Construction Company: ertol@sumselalecomz Inc case ofemergency. -241 Hour Phone: 608-279-9401 h. Phone: 608-279-9401 Fax:. 3 Delta County Road Bore/Road Cut Pollcy and Application Page 6of7 VOL - TT PAGE 116 IN WITNESS WHEREOF the Applicant makes this Application and agrees to the terms and conditions herein on thedate-stated pelpw. FORAPPLICANIS 23225 SUBSCRIBED AND SWORN before me this of 5y Augu which certify witness 202/0 my hand and seal. AHONDA YARBROUGH NotaryPublie, Stato of7 Taxaa Comm. Expiros 05-23-2028 Notary ID 133774931 FOR CONTRACTOR: NOTARY: MY COMMISSION EKPIRES: PRINTEDNAME: PUBLIC, Qo AL SUBSCRIBED AND SWORN before me this of 5"ay August to 2024 certify which witness RHONDA YARBROUGH Notary Publio, State of7 Taxan!! "amm. Expites 05-23-2028 Motary ID 133774831 my hand and seal. NOTARYPUBLIC,; PRINTEDNAME: pac MY COMMISSION: STATEQFTEXAS BXPIRES: sibi RHONDA YARBROUGH Notary Publio, State of7 Toxas! Comm. Expires 06-23-2028 Notary ID 133774931 - Delta County Raad Bare/Road Cut Policy andApplication Page7of7 APPENDIXA DELTA COUNTVOL TT Phone; (903) 395-4400 ext. 225 Each paymAGEe Ah1-Zvithareference When paying for multiple applications click "add paymen!" to separate each application fee. 200 West Dallas Avenue Cooper, Texas, 75432 Email: abeelsvenN Website: www.elacounty.om number and address. UTILITY RIGHT OF WAY APPLICATION TYPE OF UTILITY INSTALLATION: Above Ground TYPE OFUTILITY: Water Gas Other: TYPE OF STRUCTURES (CHECK ALLTHATAPPLY: Underground Electric Fiber Internet Utility Pole Other: Utility Box A 911 application is required for utlty! boxes. Address: County road 1150 Street: address must match the road name where utilities willl be Reference/Project: Number: PID 3582178 Contractor: Sunrise Telecom Inc Installed, Utility Owner: Spectrum Gulf Coast, LLC APPLICATION REQUIREMENTS Alli fields on application are complete. Applicable application fees paid. Must have a traffic control plan, Ifrequired. One application per road. Must provide any plats with utillty easements that will be utilized. Must follow the criterla In Policyfor Installation of Utilities in County RiheoWaydocument. A legal survey or plat, ifrequired, and aj professional-qualty, scaled site plar. Application will be rejected Ift the above requirements are not met. directly byap public utility franchise to operate! Int the State ofTexas. Upon further review, the: applicant may! be requiredt to submit an original restoration bond for road and/or drainage repairs executed byasurety company authorlzed ta execute bonds under andi Ina accordance with the State ofTexas made out to Delta County. Thel bandi Is walved! Ift thev worky wlll be performed Any ather document or plant requiredbythe department upon Initial revlew toa approve this permit request. APPLICANT INFORMATION Rhonda Yarbrough Company Name: Sunrise Telecom Inc 972.630.5192 Name: Main Phone: Email: Rhonda.Yarbrougn@charter.com 750 Canyon Drive Coppell, Texas 75019 ZIP: Mailing Address: City/State: EMERGENCY CONTACT INFORMATION Name: Jason Kennedy Main Phone: 903-513-2738 Email: sonkemmelygeharer.en Company Name: Spectrum Gulf Coast, LLC COUNTY APPROVAL ForCountystfrOnly Fees Pald Permit,No. Jommissioners Court, CountyJudge Date Commissioner, PrecinctNo. 1 2 - 3 4 (circleone) Date tionDat t VIRACTORSUABILTY AGREEMENT & ACKNOWLED E4. Allt types of utilities lines inj pullicright-af-way. shall be constructed and maintalned In: accordance with the provisions outlined! in andA Applicationj for Road Bore and Road Cuts In Delta County Roadways document, which arel here within attached andi becomes Pollcy a part of this permit along with this entire application. Our company understands that Itis responsible: for! proper traffic control and the County considers proper traffic cantrol measures tol be those complying with the Texas Manual on Unlform Traffic Control Devices Our company also agrees to the following conditions! for doing work within the right-of-way: stated below, which Is: a public (TMUTCD). 1, Ishali contact the County Commissioner of the precinct in which the proposed worki is located at least forty-eight (48) hours prior to start of construction after approval of the permit application. No work can commence until the 2. All work shall be performed only between the hours of 8:00 AM and! 5:00 PM on non-holidays Monday through Friday. Work performed outside these hours may require the work to be redone unless it is an emergency repalr. 3. Any cuts opened for half the roadway only will require flagmen on both sides ofthe work area, allowing one-way traffic through. This type of operation will be held to a minimum and all advance warning signs and barricades shall be as specified in the Texas Manual on Uniform Traffic Control Devices (TMUTCD). These cuts will also be filled, and entire roadway opened at night and weekends. Any possible impediment of traffic needs prior approval from the Roadside work In ditches alongside the trenched surface may be left opened at night, only ifthey are barricaded open ditch and traveled roadway leaving a minimum six (6) feet of road shoulder between the pavement edge and the barricades. The barricades shall be reflective and lighted with warning lights and conform to the 5, Any construction area maintained from dusk to dawn shall have Type B High Intensity Steady Burn Warning Lights to delineate the traveled way through and around obstructions in a construction or maintenance area. All warning lghts 6. Contact Delta County after completion of work to determine the road improvements are satisfactory. All damaged to pavement. shall be reconstructed to existing or better condltion. Constructlon work and road repalr on County right- of-way shall be performed to Delta County standards and to the approval and satisfaction of the the County Is shall notify the the County Commissioner of the precinct in which the proposed work is located to obtain approval prior to any changes from: this permit, if approved, and/ori in the evento ofan emergency repair. 8. In no case will the utility facllity! bei located on thei front: slope oft the roadway (slope closest tot the roadway) or withina 9. Iti is expressly understood that the Commissioners' Court does not hereby Imply to grant any right, claim, maintained by Delta County. roadway County signs off on the proposed location with an on-site Inspection. commissioner between precinct solidly & the Sheriff's Office separate from this permit. 4, requirements of the TMUTCD for nighttime use. shall be! Installed to a minimum mounting height of 36 inches to the bottom of the lens. Commissloner of the precinct iny which the proposed workis located. medlan without specific written authorization from the County. or title, easement in or upon the County Road; and itisi further understoad that In the future, the Company: shall remove and relocate at the discretion of the County Commissioner of the precinct in which the proposed work Is located, at no cost to Delta County, sald utility line or structure if and when such relocation shall be or become necessary In 10. The installation work shall not damage any part of the roadway and adequate provisions shall be made to cause 11. The contractor, utility company,orc owner. shall be responsible forall cost associated with the correction of any accommodate a plan for widening or Improving said roads or rights-of-way. minimum of inconvenlence to traffic and adjacent property owners. unsatisactoryworkz determined! by Deita County. a Telecom Inc SIGNATURE Notes:, 8/15/24 DATE SIGNED Signature: Datel Inspegtedt. DateReIinspertads Date Approueds EOFCONTRACTORVAGENI 1 VoL. TT STATEOFTEXAS COUNTY OFDELTA J PAGE 119 COMMISSIONERS COURT PROCLAMATION2 2024-04-23-03 - ORDER OF THE COURT ORDER OFTHE COMMISSIONERS COURT OFDELTA COUNTY, TEXAS. ADOPTINGA POLICYTO REGUATE. AND FORTHE ISSUANCE OF PERMITS FOR' THE: BORING OR CUTTING OF COUNTY: ROADS OR INTHE COUNTY RIGHT-OF-WAY WHEREAS, the Commissioners' Court ofDelta County, Texas wishes to adopta policy for the regulation and issuance of permits for thc boring or cutting of county roads or within the county rights-oFway:and WHEREAS, 5251.003 and $251.016 of the' Tesas' Transportation Cqde authorize the comnissioncrs court WHEREAS, $251.017 grants the commissioners court the authority to set a reasonable fee for the county's isstance of a permit authorized by chapter 251 for which a feei is not specifically prescribed; and WHEREAS, Commissioners Court ofDelmn County wishes to adopt thc attached policy regulating the issuance of permits for the boring or cutting of county roads or county riglts-of-way within Delta County, including the permit application process, and desires to set the sum of $500.00 as a reasonnble fce for the NOW, THEREFORE, BEI IT RESOLVED THAT the Commissioners" Court ofDcln County, Texas does hereby adopt the attached policy regulating and establishing the issuance of permits for the boring and/or cutting ofcounly roads and county rights-of-way within Delta County, Texas and sets the reasonable fec of $500.00 for the issuance ofsuch permits, as permissible and prescribed by law and the foregoingpolicy. too order such permits be required; and issuance ofs such permit as identified within the policy document. - ADOPTED AND ORDERED THIS 23d DAY OF APRIL, 2024 Tanner Crutcher, County Judge M Morgan Baker, Commissioner Precinctt ly d Anthony Roberts, Commissioner Precinct3 Seth Cox, Precinct2 E Mksants Mark Brantley, Commissioner Rrecinct 4 ATTEST prRouto Janice Rdberts, County Clerk O Pagelof1 VOLTT PAGE 120 DELTA COUNTY INI DELTA COUNTYROADWAYS PERMIT PROCEDURES POLICY AND APPLICATION FORE ROAD BORE AND ROAD CUTS Applicant will make application for a permit to bore underneath a Delta County Road. The Application will contain the following: 1. Identification oft the company that is making the application, and any contractor OR 2. Describe the nature ofthel utility/pipeline that will bej placed underneath the county road, with citation to the statutory authority for placement undemeath the county road. 3. Describe the dimensions oft the utility/pipeline, and a statement that the: facility will be installed in conformity with all applicable state or federal regulations, along with a 4. Representation that Best management, Practices willl be used to minimize erosion, contamination, sedimentation and a commitment to restore: the work area toi its former 5. Describe fully all traffic control measures to be utilized, in conformity with the' Texas Manual ofUniform Traffic Control Devices tol be used during construction. 6. Describe fully the location ofthe proposed line, the scope ofworki intended, and any engineering design/drawings, or schematic to fully described the work to be performed. 7. Particular details regarding the minimum depth oftheutiliylpipelins, any safety features, such as cathodic corrosion protection, casing or sleeve pipe to facilitate subsequent repairs ofthet utility/pipeline, and thel location ofs such utility/pipeline in relation to the traveled portion oft the roadway, as well as any drainage facilities related 8. Full design drawings for any access driveway, and whether such access will be temporary or permanent in nature, including drainage considerations, and line sub-contractor actually doing the work. citation to the applicable regulations. state ofusefuness, including revegetation oft the project area. to the roadway. dimensions. ofsight ITISI XPRESSLYUNDERSTOOD THATI DELTA COUNTY DOES NOT PURPORT, CONSIDERATION OR GRANTING OF APERMIT, TOI EXTEND ANY GRANT, RIGHT, BYTHE CLAIM,TITLE, Delta County Road Bore/Road Cut Pollcy and Application Page 1of7 VOLTT PAGE 121 OREASEMENT! IN ORT UPONTHE! IDDENTIFIED: ROAD, AND' THATTHE. APPLICANT ACKNOWLEDGES THATDELTA COUNTYMAY REQUIRE: THE. APPLICANT, OR ANY SUBSEQUENT OWNER, TOI RELOCATE THEI LINE, SUBJECT TO' THE) PROVISIONS OF TEXASLAW,BY GIVING APPROPRIATENOTICE Pursuant to $251,156 Texas Utilities Code, Iti is understood and agreed that any damages sustained tot the: facilities installed under any permit as aresult ofroutine county: road maintenance, including but notl limited to mowing, ditch cleaning, culvert repair or replacement,roadway excavation and base work as aresult ofinsufficient ground cover over thei installed facilities shalll be the responsibility ofthe Applicant. Routine county: road maintenance is defined by $251.156 (c)(2), Texas Utilities Code Applicant will: notify Delta County not! less than twol business days prior to the commencement of any work conducted! by the. Applicant within the county road right-of-way, and will conduct such work in ai manner suitable to the County Commissioner or Commissioners Court. Applicant shall conduct all work in conformity with the construction plans and traffic This Application will be reviewed by thel Delta County Commissioners Court, or its designee in a timely manner. The Commissioner for thel Precinct in which the project is located willl be the primary County contact and official responsible for review ofthe Application. The Commissioner may require a site visit prior toi the approval of any permit application. Such site visit is optional with the Commissioner orhis designee, buti in any case, control detail required by this application. detailed plans and specifications ofthe proposed project willl be required. Note that the requirement of9111.020(0)4), Texas Natural Resources Code: shalll be treated as a minimum spacing for installations laid parallel with a county maintained roadway, and: may bei increased by the County so insure that parallel lines do noti interfere with the primary use oft the public right-of-way as a means ofvehioulartraffic. Pursuant to $$251.003 and 251.016 oft the Texas Transportation Code authorize the commissioners court to order such permits be required. $251.017 grants the commissioners court the authority to set areasonable: fee: for the county's issuance ofaj permit authorized by chapter 251 for which ai fee isi not specifically prescribed. Based upon the foregoing, the Commissioners Court ofDelta County sets the sum of$500.00 as a reasonable fee for the issuance ofsuch permit asi identified within this document. Commissioner: responsible fort the area subject to the permit, Ifapproved by the Commissioners Court, the Road Bore Permit will be signed by the 5 Delta County Road Bore/Road Cut Pollcy and Applicatlan Page: Z of7 VOLTT PAGE 122 DELTA COUNTY ROAD BORE PERMIT A DELTA COUNTY ROADWAY FOR EXCAVATION, CONSTRUCTION, OR BORING UNDER Subject to the agreements, stipulations, and information provided in the Application, be permission to enter upon and bore under a Delta County Road known it known that Spectrum Gulf Coast. LLC Contractor: Sunrise Telecom Inc as: CR1190, CR1145 FM8 895 1 as as Applicant, and its is hereby Permitted and Given at or near a point of intersection with or more specifically defined by location within Precinct # FM895 for the purpose of excavation, construction, boring or other work described in the attached APPLICATION FOR PERMIT AND AGRBEMENT FOR RELEASE OF LIABILITY FOR EACAVATOKCONSTRICION ORBORINGUNDER. A DELTA COUNTYROADWAY AND ADIACENTPROPERTY, INI Delta County, Texas (the "APPLICATION"). This PERMITisi in all ways subject toi ther requirements and restrictions ofthe Application presented to Delta County and attached hereto. The date ofissuance oft this permit is this day of 20 FOR COUNTY: County Commisioner,Precinet. FORAPPLICANT: SpEclpw Guip Coastuc FORCONTRACTOR: Sunrise Teiecom Inc. KNOW ALLI MEN BY THESE PRESENTS: BEFORE ME, on the 5'yaAuganzs. appeared: of-Const. Spactapame and address of the primary Tcansiskro Applicant seeking the permit, hereinafter referred to as Applicant:] And: Sleve Cross Diroctur- Swrise Teleco-LlgName and address of company that is Contracted to do the work, hereinaferreferred to as Contractor:] Applicant makes this application with Delta County for a permit to engage in activities related to the excavation, construction, or boring under a Delta County Roadway and adjacent property or other work as described below, (any and all of the foregoing activities hereinafter 6 Delta County Road Bore/Road Cut Policy and Application Page3of7 t VOL TT PAGE 123 krown ast thel Project) on County Road1 ACRIPras.aiviaen ori intersection described and identified FM 1895 [Description of work on the Project: Incorporate additional sheets if necessary and attach as ADDENDUMAJ and stipulates as follows: Toi induce Delta County to grant the requested permit, Applicant andi its Contractor agrees 1. Delta County, hereinafter the "County" as used herein includes Delta County, Texas, a political subdivision oft the State ofTexas, its employees, agents, officers, and officials. Applicant as used! herein includes Applicantnamed: above, its officers, employees, Applicants, sub-Applicants, andi its heirs and assigns, together with its Contractor, and its officers, employees, sub-contractors and its heirs and assigns, who are jointly and 2. severally bound and obligated to the terms ofthis agreement. 3. Applicant, acting by and through its Contractor, will be performing excavation, construction, boring or other work as described above in Paragraph 1 and. Addendum A, ifattached. 4. Applicant and Contractor hereby acknowledges that excavation, construction, boring and related work is a dangerous activity. Applicant furthera acknowledges that such activities involve certain risks ofserious injury or death. 5. Applicant shall provide all reasonable. safety equipment and take other reasonable precautions during the Project. Delta County is not responsible for providing or obligated top provide any safety equipment or other equipment for. Applicants employees. 6. Delta County is not liable to Applicant, any assignee or any other person and or entity based upon any claim arising or alleged to arise: from any injury, harm or damage that may occur to Applicant or otherwise as a result of the Applicânt's activities for, in behalfof, or in relation to Delta County. 7. Applicant and Contractor hereby agrees to: release: andholdharmless: Delta County for all damages or losses accruing to Applicant or equipment as a result of any injury incurred or caused by. Applicant or damage to equipment or injuries or death of persons which result directly, or indirectly from. Applicant's: activities or participation in workor activities otherwise in, on, ora about the roadway andj property identified above. 8. Applicant and Contractor hereby agrees to indemnify, release, and hold harmless Delta County from all claims, suits, penalties, damages, or losses whatsoever asserted 0 Delta County Road Bare/Road Cut Pallcy and Application Page 40 of7 VOL TT PAGE 124 against Delta County or its officials, officers, or employees arising from Applicant's activities or operations related to excavation, construction, boring, or ofher activities in any way whatsoever in, on, or about the roadway and property identified above, and the cost incurred by) Delta County as result ofthe defense againsts such claims, suits,penalties, 9. Applicant and Contractor agrees to indemnify,release, and hold harmless Delta County includes but is not limited to claims, suits, penalties, damages or losses arising from Applicants acts, actions, or omissions and Delta County's agents or employees" acts, actions or omissions with respect to Applicant or the Project on or about the location described above except however, excluding Delta County's agents' or employees' sole 10. Applicant and Contractor hereby agrees to repair any damage to a county road, drainage device, drainage feature or any part ofany county: road or supporting device or associated device or feature: for which Delta County has a right or a duty ofmaintenance or which is customarily maintained or managed by Delta County caused by Applicants moving of equipment to or: from the property identified above and any work on the Project. Should the Applicant fail to make such repair within 30 days or a Iesser reasonable time after written notice from the Delta County Judge or any Delta County Commissioner, then Delta County may make such repairs as are reasonably necessary or appropriate and Applicant will payl Delta County for the cost ofthe repairs including but not limited to fhe costs ofmaterial, labor, use of equipment and any other reasonably associated cost. 11.Delta County does not authorize or purport to have any authority to authorize pipeline operations or any other work on lands in Delta County which are not owned in fee simple APPLICANT MUST OBTAIN. AN EASEMENT, LEASE, OR OTHER PROPERTY RIGHT FROM' THE PERSON WHO OWNS THE: PROPERTYT UPON WHICH APPLICANT SEEKS This permit is not: a substitute for such ai right tol lay aj pipeline upont thej property. This permit is only for the excavation, construction, orl boring associated with the laying ofap pipeline under a county roadway in Delta County. Any actions on the part of Applicant which creates any liability. or affects the rights ofthe holders of any real property shalll be solely the responsibility ofApplicant. Any county road that is maintained under any claim less than fee simple title, for example, prescriptive easement, implied easement, or adverse possession shall require the Applicant to obtain from the underlying property owner an easement, lease or other: right to use 12. In the event of a dispute concerning any aspect of this Application and Permit or any claim or dispute arising pursuant to this Application and Permit or an act or condition damages or losses. negligence, gross negligence or intentional misconduct. by Delta County. TO CONDUCT PIPELINE OPERATIONS. theunderlying landowner's) property: fort the purposes ofthis permit, Deita County Road Bore/Road Cut Policy and Application Page 50 of7 VOLTT PAGE 125 addressed herein, Applicantagrees that venue for all court proceedings shall be in Delta 13.Neither Applicant nor Delta County have made any additional oral promises, representations, or agreements not memorialized in this document or the documents 14. The undersigned states and represents that he has the legal capacity to execute this Application obligating the respective Applicant to the terms and provisions hereof and has Imowingly and willingly executed this instrument after reading same. 15, Applicant by signing below states that he has and maintains Liability. Insurance Coverage in an Amount of $5,000,000.00 by a company with an AM Best Rating of not less than A-, to protect the County and the Public from claims arising from the Project described 16. Applicant agrees and understands that) Delta Countyisr relying on the insurance described County, Texas. attached hereto and incorporated herein for all purposes. in this Application. herein as evidence of Applicant's: financial responsibility. 17. Applicant's contact information: a. Name of Authorized Representative: Brendan Herbeck b. Address ofAuthorized. Representative: 750 Canyon Dr, Coppell TX75019 d. E-mail of Authorized Representative: brmnatbasehatrcn e, Inc case ofemergency - 24 Hour Phone: 469.587.9598 f. Name of Construction Company: Sunrise Telecom Inc Phone: 469.587.9598 Fax: Address of Construction Company: 1001 Craig Road Suite 485 St. Louls MO 63146 E-mail of Construction Company: Eerdol@asunsalaleconbz In case of emergency - 24. Hour Phone: 608-279-9401 h. Phone: 608-279-9401 Fax: Delta County Road Bore/Road Cut Pollcy and Application Page 6of7 VOLTT PAGE 126 IN WITNESS WHEREOF the Applicant makes this Application and agrees to the terms and conditions herein ont the dategtatedbelow FORAPPLICANT:S which witness certify RHONDA YARBROUGH NotaryPubilc, State of7 Texas! Comm. Expires 05-23-2026 Notary ID 133774831 CRRS SUBSCRIBED AND SWORN before me is5lay of to 2024 Auqust, my hand and seal. Rhondo NOTARYI PUBLIC, MY COMMISSIONEXPIRES: PRINTED: NAME: aeme STATEOFTEXAS FOR CONTRACTOR: E SUBSCRIBED AND SWORN before me this 5-y of - fo 2024,t which witness certify handand seal. my August RHONDA YARBROUGH Notary! Publlo, Stato of7 Comm. Expires 06-23-2026 Notary ID 133774931 Rooap NOTARYPUBLIC, STATEOFTEXAS MY COMMISSION: EXPIRES: PRINTED: NAME: Texas! Delta County Road Bore/Road Cut Policy and Application Page7of7 APPENDIX. A DELTA COUNTYOL TT Phone: 903)395-400ex.225 Each paymfenthsive! PAGE 127, labtled withareference When paying for multiple applications click' "add payment" to separate each applicationfee, 200 West Dallas Avenue Çooper, Texas, 75432 Emall: EERERESINESN Website: www.delarounly.com number: and address, UTILITY RIGHT OF WAY APPLICATION TYPE OF UTILITY INSTALLATION: Above Ground TYPEOFUTILITY: Water Gas Other: TYPE OF STRUCTURES (CHECK ALLTHAT APPLY): VUnderground Electric Fiber Internet Utility Pole Other: Utility Box A911a application' Isrequired for utlity boxes. Address: County road 1190, CR 1145 Streetaddress must match the road name where utflities will be ReterensePole.Number: PID 3582178 Contractor: Sunrise Telecom Inc Installed, Utility Owner:, Spectrum Gulf Coast, LLC APPLICATION REQUIREMENTS All fields on application are complete. Applicable application fees paid. Must have a traffic control plan, If required. One application per road. Must provide any plats with utillty easements that will be utilized, Must follow the criterla in Policyfor Installation ofUtilities in CountyRight-g-Way document. A legal survey or plat, If required, and a protessiona-qualty scaled site plan. Application will be rejected IFthe: above requirements are not met, directly byay public utillty franchiset to operate in the State ofTexas. Upont furtherr revlew, the applicant may be required tos submlt an orlginal restoration. bond! forr road and/or drainage repalrs executed byasuretycompany authorized to executel bonds under and! In accordance witht the State ofTexas made aut to Delta County. Theb bond ist walvedI Ifthe work will be performed Any other document or plan requlred! byt the department uponl Initlal revlew to approve this permit request. APPLICANT INFORMATION Rhonda Yarbrough 972.630.5192 Name: Main Phone: Company. Name: Sunrise Telecom Inc. Malling Address: 750 Canyon Drive Email: Rhonda.Yarbrough@charter.com City/State: Coppell, Texas ZIP: 75019 EMERGENCY CONTACT INFORMATION Name: Jason Kennedy Main Phone: 903-513-2738 Email: sonamely@eheter.on Company Name: Spectrum Gulf Coast, LLC COUNTY APPROVAL For.CountystaffOnly Fées-Pald PermitNg: PemmitbspratorDate. jommissioners Court, County. Judge Date Commissioner, Precinct No. 1 2 34 (circleone) Date (O WTRACTOR'S LIABILITY AGREEMENT & ACKNOWLEDI) SEICT All types of utilitlesl lines in publlcr right-of-way shall be constructed. and: malntained. in accordance with they provisions outlined Ini Pollcy andA Application; for Roadi Bore and Road Cuts in Delta County Roadways document, which arel heret within attached: and! becomes: a parto of bisp permit along with this entire: application. Ouro company understands that Itis responsible forp proper traffic control and! the County onsiders propertraffic control measures to! be those complying with! the Texas Manual on Uniform? Traffic Control Devices (TMUTCD). Our company also agrees tot thet following conditions for doing workwithin the right-of-way: stated below, which Is aj public roadway 1. Ishall contact the County Commissioner oft the precinct in which the proposed work is located at least forty-eight (48) hours prior to start of construction after approval of the permit application. No work can commence until the 2. All work: shall be performed only between the haurs of 8:00 AM: and! 5:00 PM on non-holidays Mondayti through Friday. Work performed outside these hours may require the work tol be redone unless iti is: an emergency repair. 3. Any cuts opened fork half the roadway only will require flagmen on both sides ofthei work area, allowing one-way traffic through. This type of operation will be held to a minimum and all advance warning signs and barricades shall be as specified In the Texas Manual on Uniform Traffic Control Devices (TMUTCD). These cuts will also be filled, and entire roadway opened at night and weekends. Any possible impediment of traffic needs prior approval from the precinct Roadside1 work in ditches alongside thet trenched surface may be left opened atr night, only ifthey are barricaded solidly between open ditch and traveled roadway leaving a minimum six (6) feet of road shoulder between the pavement edge and the barricades. The barricades shall be reflective and lighted with warning lights and conform to the 5. Any construction area maintained from dusk to dawn shall have Type B High Intensity Steady Burn Warning Lights to deilneate the traveled way thraugh and around obstructions in a construction or maintenance area. All warning lights Contact Delta County after completion of work to determine the road Improvements are satisfactory. All damaged top pavement shall be reconstructed to existing or better condition. Construction work and road repair on County right- of-wayshall be performed to Delta County standards and to the approval and: satisfaction oft the the County Is shall notify the the County Commissioner of the precinct in which the proposed work is located to obtain approval prior to any changesi from this permlt, If approved, and/ori int the event of an emergency repair. In no case will the utilityf facillty be located ont thei front: slope of the roadway (slope closest to the roadway) or withina 9, Iti Is expressly understood that the Commissioners' Court does not hereby imply to grant any right, claim, title, or easement in or upon the County Road; and iti is further understood thati int thet future, the Company: shall remove and relocate at the discretion of the County Commissioner of the precinct in which the proposed work is located, at no cost to Delta County, sald utiity line or structure If and when such relocation shall be or become necessary in 10. The installation work shall not damage any part of the roadway and adequate provisions shall be made to cause a 11. The contractor, utility company, or owner: shall be responsibleforall. cost associated with the correction ofany malntained by Delta County. County slgns off on the proposed location with an on-site inspection. commissioner & the Sherifi's Office: separate from this permit. 4. requirements oft the TMUTCD for nighttimet use. shall bel Installed to aminlmum mounting helght of 36 Inches to thel bottom of thel lens. 6. Commissioner of thej precinct in which the proposed work is located. 8, median without specific written authorization from the County. accommodate a plan for widening or improving said roads or rights-of-way. minimum of inconvenlence to traffic and: adjacent property owners. unsatisfactory work determined! by Delta County. Company Name Sunrise Telecom Inc. SIGNATUREG OFCONTRACTOR/AGENT E 915/24 DATE SIGNED Signature: Datel Inspectede: * s"i DateRe:inspaited: DatéAbproved: Notes: VOL TT STATE OFTEXAS COUNTY OFDELTA 9 PAGE 129 COMMISSIONERS COURT PROCLAMATION2024-01-23-03 ORDER OF THE COURT ORDER OF THE COMMISSIONERS COURT OF DELTA COUNTY, TEKAS ADOPTING. A POLICYTO REGUATE AND FOR' THE ISSUANCE OF PERMITS FOR THE BORING OR CUTTING OF COUNTY. ROADS OR IN' THE COUNTY RIGHT-OF-WAY WIFIEREAS, the Commissioners' Court ofDelta County, Texas wishes to adopta policy for the regulation and issuance of permits for the boring or cutting of county ronds or within the county. rights-of-way; and WFEREAS, $251.003 and $251.016 oft the' Texas' Transportation Code authorize thc commissioners court WHEREAS, $251.017 grants the commissioners court the authority to set a reasonable fee for the county's issuance of a permit authorized by chapter 251 for which a feci is not specifically prescribed; and WHEREAS, Commissioners Court ofI Deita County wishes to adopt thc atrached policy regulating the issuance of permits for the boring or cutting of county roads or county rights-of-vay within Delta County, including the permit application process, and desires to set thc sum of $500.00 as a reasonable fee for the NOW,THEREPORE, BEIT RESOLVED THAT the Commissioners' Court of Dela County, Texas does hereby adopt the attached policy regulating: and establishing the issuance ofp permits for the boring and/or curting ofcounty roads and county rights-of-way within Delta County, Texas and sets the reasonable fec of$500.00 for the issuance ofsuch permits, as permissible and prescribed by law and the foregoing palicy. toorder such permits be required; and issuance ofsuch permit as identified within the policy document, - ADOPTED AND ORDERED THIS 23DAY OF. APRIL, 2024 Tanner Crutcher, County Judge m Morgan Baker, Commissioner Precinch Bt Anthony Roberts, Commissioner Precinct3 Seth Precinct2 KE Mkatt Mark Brantley, Commissioner Precinct4 9 ATTEST ayus, Ronute Janice Rdberts, County Clerk 5 Pagelof1 VOL TT PAGE 130 DELTA COUNTY INE DELTA COUNTY ROADWAYS PERMIT PROCEDURES POLICY AND. APPLICATION FORROAD BORE ANDF ROAD CUTS Applicant will make application for a permit to bore underneath a Delta County Road. The Application will contain the following: 1. Identification oft the company that is making the application, and any contractor OR 2. Describe the nature oft the utility/pipeline that willl be placed underneath the county road, with citation tot the statutory authority for placement underneath the county road. 3. Describe the dimensions oft the utility/pipeline, and a statement that the: facility will be installed in conformity with all applicable state or federal regulations, along with a sub-contractor actually doing the work. citation to the applicable regulations. 4. Representation that Best management Practices will state ofusefulness, includingrevagetiation oft the project area. minimize - be used toi erosion, contamination, sedimentation and a commitment to restore the work area toi its former 5, Describe fully all traffic confrol measures tol bet utilized, in conformity with the Texas Manual ofUniform Traffic Control Devices tol be used during construction. 6. Describe fully the location of the proposed line, thes scope ofwork intended, and any engineering desiga/irawings, ors schematic to fnlly described the work tol bej performed. 7. Particular details regarding the minimum depth of the utility/pipeline, any safety features, such as cathodic corrosion protection, casing or sleeve pipe to facilitate subsequent repairs ofthe utility/pipeline, and thel location ofsuch utility/pipeline in relation to the traveled portion oft the roadway, as well as any drainage facilities related 8. Full design drawings for any access driveway, and whether such access will be temporary or permanent in nature, including drainage considerations, and line ITISE EXPRESSLY UNDERSTOOD THATDELTA COUNTY DOES NOTPURPORT, BYTHE CONSIDERATION OR GRANTING OF APERMIT, TOI EATEND, ANY GRANT,RIGHT, CLAIM, TITLE, to the roadway. dimensions. ofsight 5 Delta County. Road Bore/Road Cut Policy and Application Page 1of7 VOLTT PAGE 133 D known as the Project) on County Road 11180 nearasubdivision or intersection described and identified FM895 [Description of work on the Project: Incorporate additional sheets if necessary and attach as. ADDENDUMAI and stipulates as: follows: Toinduce) Delta County to grant ther requested Ipermit, Applicant and its Contractoragrees 1. Delta County, hereinafter the "County" as used herein includes Delta County, Texas, a political subdivision ofthe State ofTexas, its employees, agents, officers, and officials. Applicant as used! herein includes. Applicant: named above, its officers, employees, Applicants, sub-Applicants, and its heirs and assigns, together with its Contractor, andi its officers, employees, sub-contractors and its heirs and assigns, who are jointly and 2. severally bound and obligated to thei terms of this agreement. 3. Applicant, acting by and through its Contractor, will be performing excavation, construction, boring or other work as described above in Paragraph 1 and Addendum A, ifattached. 4. D Applicant and Contractor hereby acknowledges that excavation, construction, boring and related worki isa dangerous activity.Applicant: further acknowledges that such activities involve certain risks of serious injury or death. 5. Applicant shall provide all: reasonable safety equipment and take otherreasonable precautions during the Project. Delta County is not responsible for providing or obligated toj provide any safety equipment or other equipment for Applicants employees. 6. Delta County is not liable to Applicant, any assignee or any other person and or entity based upon any claim arising or alleged to arise from any injury, harm or damage that may occur to. Applicant or otherwise as a result of the Applicant's activities for, in behalf of, or in relation to Delta County. 7. Applicant and Contractor hereby agrees tos release and holdharmless! Delta County for all damages or losses accruing to Applicant or equipment as a result of any injury incurred or caused by Applicant or damage to equipment or injuries or death ofpersons which result directly, ori indirectly from Applicant's activities or participation in work or activities otherwise in, on, or about the roadway and property identified above. 8. Applicant and Contractor hereby agrees to indemnify, release, and hold harmless Delta County from all claims, suits, penalties, damages, or losses whatsoever asserted D Delta County Road Bare/Road Cut Pallcy and Application Page 4of7 VOLTT PAGE 134 against Delta County or its officials, officers, or employees arising from Applicant's activities or operations related to excavation, construction, boring, or other activities in any way whatsoever in, on, or about the roadway and property identified above, and the cost incurred by Delta County as: result ofthe defense against such claims, suits, penalties, 9. Applicant and Contractor agrees to indemnify, release, and hold harmless Deita County includes but is not limited to claims, suits, penalties, damages or losses arising from Applicants acts, actions, or omissions and Deita County's agents or employees' acts, actions or omissions with respect to Applicant or the Project on or about the location described above except however, excluding Delta County's agents' or employees' sole 10. Applicant and Contractor hereby agrees to repair any damage to a county road, drainage device, drainage feature or any part ofany county road or supporting device or associated device or feature for which Delta County has a right or a duty ofmaintenance or which is customarily maintained or managed by Delta County caused by Applicants moving of equipment to or from the property identified above and any work on the Project. Should the Applicant fail to make such repair within 30 days or a lesser reasonable time after written notice from the Delta County Judge or any Delta County Commissioner, then Delta County may make such repairs as are reasonably necessary or appropriate and Applicant will pay) Delta County for the cost ofthei repairs including but notl limited to the costs ofmaterial, labor, use of equipment and any ofherreasonably associated cost. 11.I Delta County does not authorize or purport to have any authority to authorize pipeline operations or any other work on lands in Delta County which are: not owned in fee simple APPLICANT MUST OBTAIN AN EASEMENT, LEASE, OR OTHER PROPERTY RIGHT FROM THE PERSON WHO OWNS THE PROPERTY UPON WHICH APPLICANT SEEKS This permit is not a substitute for such ai right to lay aj pipeline upon the property. This permit is only for the excavation, construction, or boring associated with the laying ofay pipeline under a county roadway in Delta County. Any actions on the part of Applicant which creates any liability or affects the rights oft thel holders ofany real property shall be solely fhe responsibility of Applicant. Any county road that is maintained under any claim Iess than fee simple title, for example, prescriptive easement, implied easement, or adverse possession shall require the Applicant to obtain from the underlying property owner an easement, lease or other right to use 12. In the event of a dispute concerning any aspect of this Application and Permit or claim or dispute arising pursuant to this Application and Permit or an act dr condition any damages or losses. negligence, gross negligence or intentional misconduct. 3 by Delta County. TO CONDUCT: PIPELINE OPERATIONS. the underlying landowner's property for the purposes ofthis permit. Delta County Road Bore/Road Cut Policy and Application Page 50 of7 VOL - TT PAGE 135 addressed herein, Applicant agrees that venue for all court proceedings shall be in Delta 13. Neither Applicant nor Delta County have made any additional oral promises, representations, or agreements not memorialized in this document or the documents 14. The undersigned states and represents that he has the legal capacity to execute this Application obligating the respective Applicant to the terms and provisions hereof and has knowingly and willingly executed this instrument after reading same. 15.Applicant by signing below states that he! has and maintains Liability Insurance Coverage in an Amount of $5,000,000,00 by a company with an AM Best Rating of not less than Ar, to protect the County and the Public from clainis arising from the Project described 16. Applicant agrees and understands that Delta County is relying on the insurance described County, Texas. attached hereto and incorporated herein for all purposes. in this Application. herein as evidence of Applicant's financial responsibility. 17.Applicant's contact information; - a. Name of Authorized Representative: Brendan Herbeck b. Address of Authorized Representative:? 750 Canyon Dr, Coppell TX75019 d, E-mail of Authorized Representative: Bennapeeehatrc Inc case ofemergency. 24 Hour Phone: 469.587,9598 Name ofConstruction Company: Sunrise Telecom Inc g. Address of Construction Company: 1001 Cralg Road Suite 485 St. Louis MO 63146 E-mail of Construction Company: Bertol@sunselaiecmiz - In case of emergency 24Hour Phone: 608-279-9401 C. Phone: 469.587.9598 Fax: h. Phone: 608-279-9401 Fax: Delta County Road Bore/Road Cut Policy and Application Page 6of7 VOLTT PAGE 136 0 IN WITNESS WHEREOF the Applicant makes this Application and agrees to the terms and conditions herein on the date: stated below. mgaAa SUBSCRIBED AND SWORN before me this 15'ly of which witness 20240 certify my hand and seal. Auqust RHONDA YARBROUGH NotaryPublio, Comm, Expiras Stato ofTaxas!! Notary ID 133774831 05-23-2026 NOTARY PUBLIC, STATE MY COMMISSION EXPIRES: PRINTEDNAME: Qapi FOR CONTRACTOR: MKC SUBSCRIBED AND SWORN before me this 2024t0 certify which witness. my hand and seal. syeug RHONDA YARBROUGH Notery Publlo, State ofTexas Comm. Expires 05-23-2026 Notary ID 133774831 NOTARY PUBLIC, STATE OFTEXAS MY COMMISSION EXPIRES: PRINTEDNAME: od Delta County Road Bore/Road Cut Pollcy and Application Page 7of7 APPENDIX. A DELTA COUNTWVOL TT Phone: (903)395-4400ext.: 226 Each paynterthgbel BAGE 437, laueletv withareference When paylng! for multiple applications click' "add payment" to separate each appilcation fee, 200 West Dallas Avenue Cooper, Texas, 75432, Email: abmPAaseNEsN Website: www.dlelaroumsyix-com number and: address, UTILITY RIGHT OF WAY APPLICATION TYPE OF UTILITY INSTALLATION: Above Ground TYPE OF UTILITY: Water Gas Other: TYPE OF STRUCTURES (CHECK ALL THATAPPLY!: VUnderground Electric Fiber Internet Utlity Pole Other: Utility Box A! 911 application! Ist required for utillty boxes. Address: County road 1180 Street address must match the road name where utllitles willl be Reterene/ProlacNumber: PID 3582178 Contractor: Sunrise Telecom Inc Installed. Utility Owner: Spectrum Gulf Coast, LLC APPLICATION REQUIREMENTS All fields on application'are complete. Applicable application fees pald. Musthave a traffic control plan, If required. One application per road. Must provide any plats with utility easements that will be utilized. Must follow the criteria in Policyj for Installation ofUtilities in County Right-ofWay document. Al legal survey or plat, If required, and aj professional-qualty scaled slte plan. Application wI be rejected Ift the: above requirements are not met, directlybya public utility franchise to operate Int the State ofTexas. Upon further review, the: applicant may! be requlredt to submlt: and original restoration bond for road and/or drainage repairse executed byas surety authorlzed to execute! bonds under and Ina accordance witht the State ofTexas made out tol Delta County. Thel bond! Is walved Ifthey workwilll bep perfarmed company Any other document orp plan requlred by the department upon Inltial review to approve this permit request. APPLICANT INFORMATION Name: Rhonda Yarbrough Company Name: Sunrise Telecom Inc. Malling Address: 750 Canyon Drive Main Phone: 972.630.5192 Email: Rhonda.Yarbrougn@charter.com City/State: Coppell, Texas ZIP: 75019 EMERGENCY CONTACT INFORMATION Name: Jason Kennedy Main Phone: 903-513-2738 Email: ason.kennedy@onarter.com Company Name: Spectrum Gulf Coast, LLC COUNTY. APPROVAL Forc Couritystgffonly Fees.Paid- Permit No: Permit Explration.Date:, Jommissioners Court, County Judge Date Commissioner, PrecinctNo. 1 234 (circleone) Date COM/RACTORSIABLITY AGREEMENT & ACKNOWLED CFA11 Allt types of utilitles lines Inp public right-of-way shall be constructed and maintained! In accordance with the provisions outlined in Policy and Application for Road Bore and Road Cuts in Delta County Roadways document, which are herey within attached and! becomes a parto of ghis permit along with thise entire application. Ouro company understands that it Is responsible for proper traffic contral and the County jonsiders proper traffic cantrol measures tol be those complying with the Texas Manual on Uniform Traffic Control Devices (TMUTCD). Ouro company also agrees tot thef following conditions for doing workwithin the right-of-way stated! below, whichi isap public roadway 1. Ishall contact the County Commissioner of the precinct in which the proposed work is located at least forty-elght (48) hours prior to start of construction after approval of the permit application. No work can commence until the 2. All work: shall be performed only! between the hours of 8:00 AM: and! 5:00 PM on non-holldays Monday through Friday. Work performed outside.these hours may require the work to be redone unless It is an emergency repair. 3. Any cuts opened for half the roadway only will require flagmen on both sides oft the work area, allowing one-way traffic through. This type of operation will be held to a minimum and all advance warning signs and barricades shall be as specified Ini the Texas Manual on Uniform Traffic Control Devices (TMUTCD). These cuts will also be flled, and entire roadway opened at night and weekends. Any possible impediment of traffic needs prior approval from the precinct Roadside worki in ditches alongside the trenched surface may be left copened at night, only if they are barricaded solidly between open ditch and traveled roadway leaving a minimum six (6) feet of road shoulder between the pavement edge and the barricades. The barricades shall be reflective and lighted with warning lights and conform to the 5. Any construction area maintained from dusk to dawn shall have Type B High Intensity Steady Burn Warning. Lights to delineate the traveled way through and around obstructions in a construction or malntenance area. All warning lights Contact Delta County after completion of work to determine the road Improvements are satisfactory. All damaged to pavement shall be reconstructed to existing or better condition. Constructlon work and road repair on County right- of-V way shall be performed to Delta County standards and to the approval and satisfaction of the the County Is shall notify the the County Commissioner of the precinct In which the proposed work is located to obtain approval prlor to any changes from this permit, Ifapproved, and/ori in the eventofa an emergency repair. 8. In no case will the utility facility be located on the front slope of the roadway (slope closest to the roadway) or withina 9. Itis expressly understood that the Commissloners' Court does not hereby Imply to grant any right, claim, title, or easement In or upon the County Road; and iti isi further understood that In thei future, the Company shall remove and relocate at the discretion of the County Commissioner of the precinct in which the proposed work Is located, at no cost to Delta County, sald utility line or structure if and when such relocation shall be or become necessary In 10. The installation work shall not damage any part. of the roadway and adequate provisions shall be made to cause a 11. The contractor, utillty company, or owner shall be responsible for all cost associated with the correction of any maintained by Delta County, County signs off on the proposed location with an on-site inspection. commissioner. & the Sherifi's Office separate from this permit. 4. requirements of the' TMUTCD for nighttime use. shalll bel Installed1 to: a minimum mounting height of 36 Inches to the! bottom of the lens. 6, Commissioner of the precinct in which the proposed work Is located. median without specific written authorization from the County. accommodate a plan for widening or Improving said roads or rights-of-way. minimum of inconvenience to traffic and adjacent property owners. unsatisfactory work determined by! Delta County. Company Name Sunrise Telecom Inc. SIGNATURE OF CONTRACTOR/AGENT 1K 81sla4 DATE: SIGNED Slgnature: Datelnipeltad Date Re-Inspected: Date'Approved: Notes: VOL: TT STATE OFTEXAS COUNTYOFDELTA PAGE 139 COMMISSIONERS COURT PROCAMATONIRA0N3S ORDER OF THE COURT ORDER OFTHE COMMISSIONERS COURT OF: DELTA COUNTY, TEXAS. ADOPTINGI A. POLICYTO REGUATE. AND FOR' THE ISSUANCE OF PERMITS: FOR' THE BORING OR CUTTING OF COUNTY ROADS OR: INTHE COUNTY RIGHT-OF-WAY WHEREAS, the Commissioners' Court ofl Delta County, Texas wishes to adoptag policy for the regulation and issuance of permits for the boring or cutting of county roads or within the county rights-of-way; and WHEREAS, $251.003 and $251.016 of thc' Texas' Tmnsportation Code authorize the commissioncrs court WHEREAS, $251.017 grants the commissioners court the authority to set a reasonable fec for the county's issuance of aj permit authorized by chapter 251 for whicha fee is not: specifically: prescribed; and WHEREAS, Commissioners Court ofDélta County wishes to adopt the attached policy regulating the issuance of permits for the boring or cuttingofcounty roads or county rights-of-way within Delta County, including the permit application process, and desires to set the sum of $500.00 as a rensonable fee for thc NOW, THEREFORE, BE: IT RESOLVED THAT the Commissioners' Court of. Delta County, Toxas does hereby adopt the attached policy regulating and establishing thei issuance of permits for the boring and/or cutting of county roads and county rights-of-way within Delta County, Texas and sets the reasonable fec of$500.00 for thei issuance ofs such permits, as permissible and prescribed by! Iaw and the forcgoingpolicy. to order such permits be required; and issuance of such permit as identified within thc policy document, ADOPTED AND ORDERED THIS 23-1 DAY OF APRIL, 2024 Tanner Crutcher, County Judge lrr a Morgan Baker, Commissioner Precinctt Anthony Roberts, Commissioner Precinct3 Seth Cox, Precinct2 2 E Mkantt Mark Brantley, Commissioner Precinct 4 ATTEST arPobuto Janice Rdberts, County Clerk ) Pagelof1 VOL TT PAGE 140 DELTA COUNTY INE DELTA.COUNTY ROADWAYS PERMIT PROCEDURES POLICY AND. APPLICATION FORROAD BORE AND ROAD CUTS Applicant will make application for a permit to bore underneath a Delta County Road. The. Application will contain the following: 1. Identification ofthe company that is making the application, and any contractor OR 2. Describe the nature oft the utility/pipeline that will be placed underneath the county road, with citation toi the statutory authority for placement undereath the county road. 3. Describe the dimensions of the utility/pipeline, and a statement that the facility will be installed in conformity with all applicable state or federal regulations, along with a 4. Representation that Best management Practices will be used to minimize erosion, contamination, sedimentation and a commitment to restore the work area to its former 5. Describe fillly all traffic control measures to be utilized, in conformity with the Texas Manual ofUniform Traffic Control Devices to be used during construction, 6. Describe fiully the location oft the proposed line, the scope ofwork intended, and any engineering desigp/drawings, or schematic to: fully described the work tol be performed. 7. Particular details regarding the minimum depth oft fhe utility/pipeline, any safety features, such as cathodic corrosion protection, casing or sleeve pipe to facilitate subsequent repairs oft the utility/pipeline, and the location ofsuch utility/pipeline in relation to the traveled portion oft the roadway, as well as any drainage facilities related sub-contractor actually doing the work. citation to the applicable regulations. state ofusefulness, including: grevegetation ofthe project area. tot the roadway. 8. Full design drawings for any access driveway, and whether such access will be temporary or permanent in: nature, including drainage considerations, and line ofs sight dimensions. ITIS EXPRESSLY UNDERSTOOD THATI DELTA COUNTY DOESI NOTI PURPORT, BY THE CONSIDERATION OR GRANTING OF APERMIT, TOI EXTEND. ANY GRANT, RIGHT, CLAIM, TITLE, 3 Delta County Road. Bore/Road Cut Policy and Application Page 1of7 VOL TT PAGE 141 OR EASEMENT IN OR UPON THE. IDDENTIFIED ROAD, AND THATTHE, APPLICANT ACKNOWLEDGES THAT) DELTA. COUNTYMAY REQUIRE THE APPLICANT, OR ANY SUBSEQUENT OWNER, TOI RELOCATETHEI LINE, SUBJECT TO THE PROVISIONS OF' TEXASIAW,BYGIVING APPROPRIATENOTICE Pursuant to $251.156 Texas Utilities Code, Iti is understood and agreed that any damages sustained to the facilities installed under any permit as ai result ofroutine county road maintenance, including but not limited to mowing, ditch cleaning, culvert repair or replacement, roadway excavation and base work as aresult ofinsufficient ground cover over the installed facilities shall be the responsibility ofthe. Applicant. Routine county road maintenance is defined by $251.156 (c)(2), Texas Utilities Code Applicant will notify Delta County not less than two business days prior to the commencement ofany work conducted by the. Applicant within the county road right-of-way, and will conduct such work in ai manner suitable to the County Commissioner or Commissioners Court, Applicant shall conduct all work in conformity with the construction plans and traffic This Application will be reviewed by the Delta County Commissioners Court, or its designee in a timely manner. The Commissioner for the Precinct in which thej project is located will be the primary County contact and official responsible forreview ofthe Application. The Commissioner may require a site visit prior to the approval of any permit application. Such site visit is optional with the Commissioner or his designee, but in any case, control detail required by this application. detailed plans and specifications oft the proposed project will be required. Note that the requirement of$111.020(b)(4), Texas Natural Resources Code shall be treated as a minimum spacing for installations laid parallel with a county maintained roadway, and may be increased by thé County sO insure that parallel lines do not interfere with the primary use oft the publici right-of-way as a means ofvehicular traffic. Pursuant to $$251,003 and 251.016 oft the Texas Transportation Code authorize the commissioners court to order such permits be required. $251.017 grants the commissioners court the authority to set ar reasonable fee for the county's issuance ofap permit authorized by chapter 251 forwhich a: fee is not specifically prescribed. Based upon the foregoing, the Commissioners Court ofDelta County sets the sum of $500.00 as a reasonable fee for the issuance of such permit as identified within this document, Commissioner responsible for the area subject to the permit. Ifapproved by the Commissioners Court, the Road Bore Permit will be signed by the Delta County Road Bare/Road Cut Policy and Application Page 2of7 VOL TT PAGE 142 - DELTA COUNTY ROAD BORE PERMIT A DELTA COUNTY ROADWAY FOR EXCAVATION, CONSTRUCTION, OR BORING UNDER Subject to the agreements, stipulations, and information provided in the Application, be permission to enter upon and bore under a Delta County Road known it known fhat Spectrum Gulf Coast. LLC Contractor: Sunrise Telecom Inc as Applicant, and its is hereby Permitted and Given as: CR1182 County road 1180 1 as at or near a point of intersection with or more specifically defined by location within Precinct # County road 1180 for the purpose of excavation, construction, boring or other work described in the attached APPLICATION FOR PERMIT AND AGREEMENT FOR RELEASE OF LIABILITY FOR EXCAVATION,CONSTRUCTION, ORPORNGUNDRADELTAN COUNTYROADWAY AND ADJACENT PROPERTY IN. Delta County, Texas (the "APPLICATION. This PERMITi is in all ways subject tot thei requirements and restrictions ofthe. Application presented to Delta County and attached hereto. The date ofissuance oft this permit is this day of 20 1 FOR COUNTY: County Commissioner, Precinct FOR. APPLICANT: Spectrum Gult Coast uc FOR CONTRACTOR: Sunrise Telecon Inc- KNOW ALL MEN BY THESE PRESENTS: BEFOREA ME, on the 5'ye yof Auguszo2haperd befanples Drpoir DCruehon SpcNepeand address of the primary Applicant seeking the permit, hereinafter referred to as Applicant:] And: SleveCyss Dwechy Sunnse TelecepName and address of company that is Contracted to do the work, hereinafter referred to as Contractor:] Applicant makes this application with Delta County for a permit to engage in activities related to the excavation, construction, or boring under a Delta County Roadway and adjacent property or other work as described below, (any and all of fhe foregoing activities hereinafter Delta County Road Bore/Road Cut Pallcy and Application Page 3of7 VOLTT PAGE 143 known as the Project) on County RoadCR1182 neara a subdivision or intersection described and identified County road 1180 [Description of work on the Project: Incorporate additional sheets if necessary and attach as ADDENDUMAJ and stipulates as follows: To induce Delta County to grant thei gsdpemt,Aplamtmdi its Contractor agrees 1. Delta County, hereinafter the "County" as used herein includes Delta County, Texas, a political subdivision oft the State ofTexas, its employees, agents, officers, and officials. Applicant as used1 herein includes Applicant named above, its officers, employees, Applicants, sub-Applicants, and its heirs and assigns, together with its Contractor, and: its officers, employees, sub-contractors and its heirs and assigns, who are jointly and 2. severally bound and obligated to the terms oft this agreement. 3. Applicant, acting by and through its Contractor, will be performing excavation, construction, boring or other work as described above in Paragraph 1 and Addendum A, ifattached. 4. ) Applicant and Contractor hereby acknowledges that excavation, construction, boring and related work is a dangerous activity.. Aplsurnheraiaowegs that such activities involve certain risks ofserious injury or death. 5. Applicant shall provide all reasonable safety equipment and take other reasonable precautions during thel Project. Delta County is notresponsible forp providing or obligated toj provide any safety equipment or other equipment for. Applicants employees. 6. Delta County is not liable to Applicant, any assignee or any other person and or entity based upon any claim arising or alleged to arise from any injury, harm or damage that may occur to. Applicant or otherwise as a result of the Applicant's activities for, in behalf of, or in relation to Delta County. 7. Applicant and Contractorl hereby agrees tos release andholdharmless: Delta County for all damages or losses accruing to Applicant or equipment as a result of any injury incurred or caused by. Applicant or damage to equipment or injuries or death ofpersons which result directly, or indirectly from. Applicant's: activities or participation in work or activities otherwise in, on, or about the roadway and property identified above, 8. Applicant and Contractor hereby agrees to indemnify, release, and hold harmless Delta County from all claims, suits, penalties, damages, or Iosses whatsoever asserted $ Delta County Road Bore/Road Cut Pallcy and Application Page 4of7 VOLTT PAGE 144 against Delta County or its officials, officers, or employees arising from Applicant's activities or operations related to excavation, construction, boring, or other activities in any way whatsoever in, on, or about the roadway and property identified above, and the costi incurredbyl Deita County as result ofthe defense againsts such claims, suits, penalties, 9. Applicant and Contractor agrees to indemnify, release, and hold harmless Delta County includes but is not limited to claims, suits, penalties, damages or losses arising from Applicants acts, actions, or omissions and Delta County's agents or employees' acts, actions or omissions with respect to Applicant or the Project on or about the. Jocation described above except however, excluding Delta County's agents' or employees" sole 10. Applicant and Contractor hereby agrees to repair any damage to a county road, drainage device, drainage feature or any part ofany county road or supporting device or associated device or feature for which Deita County has ar right or a duty ofr maintenance or which is customarily maintained or managed by Delta County caused by. Applicants moving of equipment to or from the property identified above and any work on the Project. Should the Applicant fail to make such repair within 30 days or a lesser reasonable time after written notice from the Delta County Judge or any Delta County Commissioner, then Delta County may make such repairs as are reasonably necessary or appropriate and Applicant will pay Delta County: fort the cost ofthe repairs including but not limited tot the costs ofmaterial, labor, use of equipment and any other reasonably associated cost. 11.Delta County does not authorize or purport to have any authority to authorize pipeline operations or any other work on lands in Delta County which are not owned in fee simple APPLICANT MUST OBTAIN AN BASEMENT, LEASE, OR OTHER PROPERTY RIGHT FROM THE PERSON WHO OWNS THE: PROPERTY UPON WHICH APPLICANT SEEKS This permiti is notas substitute for such ai right tol lay apipeline upon the property. This permit is only for the excavation, construction, or boring associated with thel laying ofap pipeline under ac county roadway in Delta County. Any actions on the part of Applicant which creates any liability or affects the' rights oft the holders of any real property shall be solely the responsibility of Applicant. Any county rgad that is maintained under any claim less than fee simple title, for example, prescriptive easement, implied easement, or adyerse possession shall require the Applicant to obtain from the underlying property owner an easement, lease or other right to use 12. In the event of a dispute conceming any aspect of this Application and Permit or any claim or dispute arising pursuant to this Application and Permit or an act or condition damages or losses. negligence, gross negligence or intentional misconduct. C) by Delta County. TO CONDUCT PIPELINE OPERATIONS. the underlying landowner's! property fort the purposes oft this permit. Delta County Raad Bore/Road Cut Policy and Application Page 5of7 VOLTT PAGE 145 addressed herein, Applicant agrees that venue for all courtp proceedings shall be in Delta 13.Neither Applicant nor Delta County have made any additional oral promises, representations, or agreements not memorialized in this document or the documents 14. The undersigned states and represents that he has the legal capacity to execute this Application obligating the respective Applicant to the terms and provisions hereof and has knowingly and willingly executed this instrument after reading same. 15.. Applicant by signing below states that hel has and maintains! Liability Insurance Coverage in an. Amount of $5,000,000.00 by a company with an AM: Best Rating ofnot less than A-, to protect the County and the Public from claims arising from the Project described 16. Applicant agrees and understands that Delta County is relying on the insurance described County, Texas. attached: hereto and incorporated: herein for all purposes. in this Application. herein as evidence of Applicant's financial responsibility. 17.Applicant's contact information: J a, Name of Authorized Representative: Brendan Herbeck b. Address of Authorized. Representative: 750 Canyon Dr, Coppell TX75019 d. E-mail of Authorized Representative: omees@eaercmn Incase ofe emergency. - 24 Hour Phone: 469.587.9598 Name of Construction Company:. Sunrise Telecom Inc Address of Construction Company: 1001 Cralg Road Suite 485 St. Louls MO 63146 E-mail of Construction Company: Berdol@umfsalaiscomz In case of emergency 241 Hour Phone: 608-279-9401 Phone: 469.587.9598 Fax: h. Phone: 608-279-9401 Fax: ) Delta County Road! Bore/Road Cut Pollcy and Application Page 6of7 VOLTT PAGE 146 IN WITNESS WHEREOF the Applicant makes this Application and agrees to the terms and conditions herein on the date stated below. FORAPPLICANT: aat SUBSCRIBED AND SWORN before me a5'lye of August 2024t to certify which witness my hand and seal. RHONDA YARBROUGH Notary! Public, State ofTexas Comm. Expires 05-23-2028 Notary ID NOTARYPUBLIC, STATE OFTEXAS MY COMMISSION, EXPIRES: PRINTEDNAME: AL 133774931 p FORCONTRACTOR: SUBSCRIBBD AND SWORN before me Bi"ayo of Auqua 2024 to certify which witness my hand ands seal. RHONDA YARBROUGH Notary Public, Stata of Texasi Comm. Explres 05-23-2028 Notary ID 133774931 NOTARYPUBLIC,; STATEC OFTEXAS MY COMMISSION: EXPIRES: PRINTEDNAME: a Delta County Road Bore/Road Cut Policy and Application Page 7of7 APPENDIA DELTA COUNTYVOL TT Phone: (903)395-4400e ext. 226 Each paymRAGEe A47wthareiference When payingt for! multiple applications click' "add payment" to: separate each applicationfee. 2001 West Dallas Avenue Cooper, Texas, 75432 Emall: bmeaasewkeN Website: www.delarountylx.com number and: address, UTILITY RIGHT OF WAY APPLICATION TYPE OF UTILITY INSTALLATION: Above Ground TYPE OF UTILITY: Water Gas Other: TYPE OF STRUCTURES (CHECK ALL7 THAT APPLY): Underground Electric Flber Internet Utlity Pole Other: Utility Box AS 911 application Ist requlred fort utility! boxes. Address: County road 1182 Street address must matcht ther roadr namet wheret utilitles will be ReterenaProleNumber: PID 3582178 Contractor: Sunrise Telecom Inc Installed. Utlity Owner: Spectrum Gulf Coast, LLC APPLICATION REQUIREMENTS Alli flelds on application are complete. Applicable application fees paid. Must have a traffic contro! plan, if required. One application perroad. Must provide any plats with utility easements that willl be utilized. Mustfollow the criteria in Policy, for Installation ofUtilities in County Right-oj-Way document. A legal survey or plat, if required, and aj proressiona-qualty scaled site plan. Upon further review, the: applicant may! ber requlredt tos submita and originairestoration! bondf for roada and/ar drainage repalrs executed authorizedi to executel bondst undera and! Ina accordance witht thes State oFT Texas made out tol Delta County, The! bond Is walvedl Ift thet workv byasuretyc willl bep performed company Application willl be rejected Ifthe abover requirements: arer noti met. directly byay publlct utilityf franchise toc operate in the Stater ofTexas. Any other document arp planr required! byt the department uponi Initialr review toa approve thisp permitrequest. APPLICANT INFORMATION Name: Rhonda Yarbrough Company Name: Sunrise Telecom Inc. Maling Address:, 750 Canyon Drive Main Phone: 972.630.5192 Email: Rnonda.Yarprougn@charter.com City/State: Coppell, Texas ZIP:. 75019 EMERGENCY CONTACT INFORMATION Name: Jason Kennedy Main Phone: 903-513-2738 Email: sonkamey@enater.on Company Name: Spectrum Gulf Coast, LLC COUNTY. APPROVAL Ford County: StaffOnly FeesPald Permit No: Parmit Explration Date: jommissioners Court, County. Judge Date Commissioner, Precinct! No. 1 2 3 4 (circle C one) Date LUTRACTOR'S LIABILITY AGREEMENT &: ACKNOWIED-Fde: Allt types oft utilities linesi inj publlc right-of-way: shall! be constructed: andi maintained: Inz accordance with the provisions outilned in Palicy and Application; for Road! Bore and! Road Cuts inl Delta County Roadways document, which are here within attached: and! becomes: a parto of this permit along witht this entire application. Ouro company understands that it Ist responslble for proper traffic contral andt the County considers proper traffic control measures tol bet those complying witht the Texas! Manual on Uniform Traffic Control Devices (TMUTCD). Our company also: agrees tot thet following conditlons for doing workwithin the right-of-way: statedk below, whichl isay public roadway maintained. by Delta County, 1. Ishall contact the County Commissioner of the precinct in which the proposed work Isl located at! least forty-eight (48) hours prior to start of construction after approval of the permit application. No work can commence until the 2. All work: shall be performed only between the hours of 8:00. AM: and 5:00 PM on non-holldays Monday through Friday. Work performed outsidei thesel hours may require the workt to be: redone unless Iti is an emergency repair. 3. Any cuts opened for half the roadway only wlil require flagmen on! both sides oft the work: area, allowing one-way traffic through. This type of operation will be held to a minimum and all advance warning signs and barricades shall be as specifled In the Texas Manual on Uniform Traffic Control Devices (TMUTCD). These cuts will also be filled, and entire roadway opened at night and weekends. Any possible impediment of traffic needs prior approval from the precinct 4. Roadside work in ditches alongside thet trenched: surface may bel left opened at night, only lft they are barricaded: solidly between open ditch and traveled roadway leaving a minimum six (6) feet of road shoulder between the pavement edge and the barricades. The barricades shall be reflective and lghted with warning lights and conform to the 5. Any construction area maintalned from dusk to dawn shall have Type B High Intensity Steady Burn Warning Lights to delineate thei traveled way through and around obstructions in a construction or maintenance area. All warning lights 6. Contact Delta County after compietion of work to determine the road improvements are satisfactory, All damaged to pavement: shall be reconstructed to existing or better condition. Construction work and road repair on County right- of-v way shall be performed to Delta County standards and to the approval and: satisfaction oft the the County Ishall notify the the County Commissioner of the precinct in which the proposed work Is located to obtain approval prlort to: any changes from this permit, If approved, and/or Ini the event of an emergency repair. 8. Inr no case will the utlity faclity! bel located ont the front slope oft the roadway (slope closest to the roadway) or withina 9. It! Is expressly understood: that the Commissioners' Court does not hereby Imply to grant any right, clalm, title, or easement! in or upon the County Road; andl Itisfurther understood that int the future, the Company shall remove and relocate at the discretion of the County Commissioner of the precinct In which the proposed work is located, at no cost to Delta County, sald utility line ar structure If and when such relocation shall be or become necessary In 10, The installation work shall not damage any part of the roadway and adequate provisions shall be made to cause a 11. The contractor, utility company, or owners shall be respansible for all cost associated with the correction ofa any County signs off on the proposed location with an on-site inspectlon. commissioner &1 the Sherifl's Office separate from this permit. requirements oft the TMUTCD for nighttime use. shall be Installed to ar minimum mounting height tof 36 Inches to the! bottom of thel lens. Commissioner of the precinct In whichi thej proposed work is located. 7 median without: specific written authorization from the County. accommodate a plan for widening or improving said roads or rights-of-way. minimum of inconvenience tot traffic and adjacent property owners. unsatisfactory work determined: by Delta County. Company Name Sunrise Telecom Inc. SIGNATUREOFCONTRACTOR/AGENT AHE 2l1sb4 DATE SIGNED Signatura: Datelispacteit: a DataRé-inspagteds DateApproveds. Notes: STAIEJALIT vok. COUNTYOFDELTA S PAGE 149 COMMISSIONERS COURT MOCANATONIPA0I2S ORDER OF THE COURT ORDER OF' THE COMMISSIONERS COURT OF DELTA COUNTKIESAADOFINGA POLICYTO REGUATE, AND FOR' THE ISSUANCE OF) PERMITS: FOR THE: BORINGOR CUTTING OF COUNTYI ROADS ORIN' THE COUNTY RIGHT-OF-WAY WHEREAS, the Commissioners' Court ofDelta County, Texas wishes to adopta policy for the regulation andi issuance of permits for the boring or cutting of county roads or within the county riglts-of-ways: and WFIEREAS, $251.003 and $251.016 of thc Texas Transportation Code authorize the commissioners court WHEREAS, $251.017 grants the commissioners court thes authority to set a rensonable fec fort the county's issuance ofar permit authorized by chapter 251 for which: a feei is not specifically prescribed; And WHIEREAS, Commissioners Court ofDelta Connty wishes to adopt the attached policy regulting the issuance of permits fort thel boring or cutting of county roads or county rights-of-way within. Deita County, including the permit application proccss, and desircs to sct thc sum of $500.0D as a rensonable fee for thc NOW,THEREFORE, BEI IT RESOLVED THAT the Commissioners' Court ofDekta County, Texas does hereby adopt the attached policy regulating and establishing thei issuance ofj permits for the boring and/or cutting of county roads and county rights-of-way within Delta County, Texas and sets the rensonable fcco of$500.00 for thei issuarice ofs such permits, as permissible and prescribed by law and the foregoingpolicy. to order such permits be required;: and issuance ofsuch permit asi identified within che policy document. ADOPTED AND ORDERED THIS 23-1 DAY OF APRIL, 2024 Tanner Crutcher, County Judge - lir d Morgan Baker, Commissioner Precinct Anthony Roberts, Commissioner Precinct: 3 Seth Eox, Precinct2 ES hkzants Mark Brantley, Commnissioner Precinct4 4 ATTEST are Janice Rdberts, County Clerk e Pagelof1 VOL TT PAGE 150 DELTA COUNTY INI DELTA COUNTY ROADWAYS PERMIT PROCEDURES POLICY AND APPLICATION FORROAD BORE AND ROAD CUTS Applicant will make application for a permit to bore underneath a Delta County Road. The. Application will contain the following: 1. Identification oft the company that is making the application, and any contractor OR 2. Describe thei nature ofthet utility/pipeline that willl be placed underneath the county road, with citation to the statutory authority for placement underneath the county road. 3. Describe the dimensions of thei ntility/pipeline, and a statement that the: facility will be installed in conformity with all applicable state or federal regulations, along with a 4. Representation that Best management Practices will be used to minimize erosion, contamination, sedimentation and a commitment to restore the work area to its former 5. Describe: fully alli traffic control measures to be utilized, in conformity with the Texas Manual ofUniform Traffic Control Devices tol be used during construction. 6. Describe fully'the location oft the proposed line, the scope ofworki intended, and any engineering desiga/drawings, or schematic to fully described the work to bej performed. 7. Particular details regarding the: minimum depth of the utility/pipeline, any safety features, such as cathodic corrosion protection, casing or sleeve pipe to facilitate subsequent repairs oft the utility/pipeline, and the location ofs such utility/pipeline in relation to the traveled portion oft the roadway, as well as any drainage facilities related 8. Full design drawings for any access driveway, and whether such access will be temporary or permanent in nature, including drainage considerations, and line ofs sight sub-contractor actually doing the work. citation tot the applicable regulations. state ofusefulness, including revegetation oft the project area. tot theroadway. dimensions. ITI IS) EXPRBSSLY UNDERSTOOD THATI DELTA COUNTY DOESI NOTPURPORT, BY THE CONSIDERATION OR GRANTING OF APFRMIT,TOEXTEND, ANY GRANT, RIGHT, CLAIM,TITLE, Delta County Road Bore/Road Cut Pollcy and Application Pagelof7 VOLTT PAGE 151 OR] EASEMENT IN OR UPONTHE IDDENTIFIED ROAD, AND: THATTHE. APPLICANT ACKNOWLEDGES THAT DELTA COUNTYMAY: REQUIRE' THE. APPLICANT, OR. ANYS OWNER, TOR RELOCATETHBLINE, SUBJECTTO THE) PROVISIONS OF TEXASIAW,BYGIVNG SUBSEQUENT Pursuant to $251.156 Texas Utilities Code, Iti is understood and agreed that damages sustained tot the facilities installed under any permit as ai result ofroutine county: any road maintenance, including but not Iimited to mowing, ditch cleaning, culvert repair or replacement, roadway excavation and base work as as result ofinsufficient ground cover over the installed facilities shalll bet the responsibility ofthe. Applicant. Routine county road APROPAIATENOTICE. maintenance is defined by $251.156 (c)(2), Texas Utilities Code Applicant will: notify Delta County not less than two business days prior to the commencement ofa any work conducted by the Applicant within the county road right-of-way, and will conduct such work in a manner suitable to the County Commissioner or Commissioners Court, Applicant shall conduct ail work in conformity with the construction plans and traffic This Application willl be reviewed by the Delta County Commissioners Court, or its designee in a timely manner. The Commissioner for the Precinct in which the project is Iocated will be the primary County contact and official responsible for review ofthe. Application. The Commissioner may: require a site visit prior to the approval of any permit application. Such site visit is optional with the Commissioner orl his designee, buti in any case, control detail required by this application. detailed plans and specifications oft the proposed project will bei required, Note that the requirement of5111.020b)(4), Texas Natural Resources Code shalll be treated as aminimum spacing fori installations Iaid parallel with a county maintained roadway, and: may be increased by the County soi insure that parallel lines do not interfere with the primary use ofthe public right-of-way as ai means ofvehicular traffic. Pursuant to $$251.003 and 251.016 of the Texas' Transportation Code authorize the commissioners court to order such permits be required. $251.017 grants the commissioners court the authority to seta reasonable fee for the county's issuance ofal permit authorized by chapter 251 for which a fee is not specifically: prescribed. Based upon the: foregoing, the Commissioners Court ofDelta County sets the sum of$500.00 as a reasonable fee for the issuance ofsuch permit asi identified within this document. Commissioner: responsible for the area subject to the permit. Ifa approved by the Commissioners Court, the Road Bore Permit willl be signed by the Deita County Road Bore/Road Cut Pallcy and Application Page 2of7 VOLTT PAGE 152 DELTA COUNTY ROAD BORE PERMIT ADELTA COUNTY ROADWAY FOR EXGAVATION, CONSTRUCTION, OR BORING UNDER Subject to the agreements, stipulations, and information provided in the Application, be permission to enter upon and bore under a Delta County Road known it known that Spectrum Gulf Coast, LLC Contractor: Sunrise Telecom Inc as: CR1170,CR1177 FM895 as as Applicant, and its is hereby Permitted and Given at or near a point of intersection with or more specifically defined by location within Precinct # FM 895 for the purpose of excavation, construction, boring or other work described in the attached APPLICATION FOR PERMIT AND AGREEMENT FOR RELEASE OF LIABILITY FOR EXCAVATION,CONSTRUCTION,0RBORINGUNDERADELTAC COUNTYROADWAY AND. ADAGATPOPRTYIND.N County, Texas (Me-APPLICATION"). This PERMITisi in all Ways subject to the requirements andi restrictions ofthe Application presented to Delta County and attached hereto. The date ofissuance ofthis permitis this day of 20 3 FOR COUNTY: County Commissioner, Precinct FORAFLICAMISprA.m Gupl CoastlC FOR CONTRACTOR-Sumise TClcnu Ine. KNOW ALLI MEN: BY THESE PRESENTS: BEFORE ME, on the 15'ay cugstad-epané peCargles Dnpinprhay- and address of the primary Applicant seeking the permit, hereinafter referred" to as Applicant:] And: Skueless Dirly Sumse LN address of company that is Confracted to do: the work, hereinafter referred to as Contractor:] Applicant makes this application with Delta County for a permit to engage in activities related to the excavation, construction, or boring under a Delta County Roadway and adjacent property or other work as described below, (any and all of the foregoing activities hereinafter Delta County Road Bore/Road Cut Palicy and Application Page 3of7 VOLTT PAGE 153 known as the Project) on County Road CR1170, CR 1177near a subdivision or intersection described and identified FM895 Description of work on the Project: Incorporate additional sheets if necessary and attach as ADDENDUMA] and stipulates as follows: Toinducel Delta County to grant thei requested permit, Applicant and its Contractoragrees 1. Delta County, hereinafter the "County" as used herein includes Delta County, Texas, a political subdivision oft the State ofTexas, its employees, agents, officers, and officials. Applicant tast used herein includes. Applicantnamed. above, its officers, employees, Applicants, sub-Applicants, and its heirs and assigns, togetherwith its Contractor, and its officers, employees, sub-contractors and its heirs and assigns, who are jointly and 2. severallybound. and obligated to the terms oft this agreement. 3. Applicant, acting by and through its Contractor, will be performing excavation, construction, boring or other work as described above in Paragraph 1 and Addendum A, ifattached. 4. Applicant and Contractor hereby acknowledges that excavation, construction, boring and: related work: is a dangerous activity.Applicant fiartheracknowledges: that such activities involve certain risks of serious injury or death. 5. Applicant shall provide all reasonable safety equipment and take other reasonable precautions during the Project, Delta County is not responsible forproviding or obligated toprovide any safety equipment or other equipment for. Applicants employees. 6. Delta County is not liable to. Applicant, any assignee or any other person and or entity based upon any claim arising or alleged to arise from any injury; harm or damage that may occur to Applicant or otherwise as a result ofthe Applicant's activities for, in behalf of, ori in relation to Delta County. 7. Applicant and Contractorh hereby agrees toi release andholdharmless: Delta County for all damages or losses accruing to Applicant or equipment as a result of ahy injury incurred or caused by Applicant or damage to equipment or injuries or death of persons which result directly, or indirectly from Applicant's activities or participation in work or activities otherwise in, on, or about the roadway and property identified above. 8. Applicant and Confractor hereby agrees to indemnify, release, and hold harmless Delta County from all claims, suits, penalties, damages, or losses whatsoever asserted Delta County Road Bore/Road Cut Pollcy and Application Page 4of7 VOLTT PAGE 154 against Delta County or its officials, officers, or employees arising from Applicant's activities or operations related to excavation, construction, boring, or other activities in any way whatsoever in, on, or about the roadway and property identified above, and the costincurred by) Delta County as result ofthe defense against such claims, suits,penalties; 9. Applicant and Contractor agrees to indemnify, release, and hold harmless Delta County includes but is not limited to claims, suits, penalties, damages or losses arising from Applicants acts, actions, or omissions and Delta County's agents or employees' acts, actions or omissions with respect to Applicant or the Project on or about the location described above except however, excluding Delta County's agents' or employees' sole 10. Applicant and Contractor hereby agrees to: repair any damage to a county road, drainage device, drainage feature or any part ofany county road or supporting device or associated device or feature for which Delta County has a right or a duty ofmaintenance or which is customarily maintained or managed by Delta County caused by. Applicants moving of equipment to or: from the property identified above and any work on the Project, Should the Applicant fail to make such repair within 30 days or a lesser reasonable time after written notice from the Delta County Judge or any Delta County Commissioner, then Delta County may make such repairs as are reasonably necessary or appropriate and Applicant will pay Delta County for the cost ofther repairs including but not limited tot the costs ofmaterial, labor, use ofe equipment and any other reasonably associated cost. 11. Delta County does not authorize or purport to have any authority to authorize pipeline operations or any other work on lands inl Delta County which are: not owned in fee simple APPLICANT MUST OBTAIN AN EASEMENI, LEASE, OR OTHER PROPERTY RIGHT FROMTHE: PERSON WHO OWNS THE PROPERTY UPON WHICH APPLICANT SEEKS This permit isi not as substitute for such ai right to lay: aj pipeline upon thej property. This permit is only for the excavation, construction, or boring associated wifh the laying ofa pipeline under a county roadway in Delta County. Any actions on the part of Applicant which creates any liability or affects the rights ofthel holders of any real property shall be solely the responsibility of Applicant. Any county road that is maintained under any claim less than fee simple title, for example, prescriptive easement, implied easement, or adverse possession shall require the Applicant to obtain from the underlying property owner an easement, lease or otherright to use 12. In the event of a dispute concerning any aspect of this Application and Permit or any claim or dispute arising pursuant to this Application and Permit or an act or condition damages or losses. negligence, gross negligence or intentional misconduct. - by Delta County, TOCONDUCTPPELINE OPERATIONS. the underlying landowner's property for the purposes ofthis permit. L Delta County Road Bore/Road Cut Pollcy and Application Page5of7 VOLTT PAGE 155 addressed herein, Applicant agrees that venue for all court proceedings shall be in Delta 13.Neither Applicant nor Delta County have made any additional orai promises, representations, or agreements not memorialized in this document or the documents 14. The undersigned states and represents that he has the legal capacity to execute this Application obligating the respective Applicant to the terms and provisions hereof and has knowingly and willingly executed this instrument after reading same. 15. Applicant by signing below states that hel has and maintains Liability Insurance Coverage in an Amount of $5,000,000.00 by a company with an AM: Best Rating ofnot less than A-, to protect the County and the Public from claims arising from the Project described 16.. Applicant agrees and understands that Delta County is relying on the insurance described County, Texas. attached hereto andi incorporated herein for all purposes. in this Application. herein as evidence ofApplicant's financial responsibility. 17.Applicant's contact information: a, Name of Authorized Representative: Brendan Herbeck b. Address of Authorized Representative: 750 Canyon Dr, Coppell TX75019 d. E-mail of Authorized Representative: emenspe@efatrcon :, Inc case ofemergency. 24. Hour Phone: 469.587.9598 f. Name of Construction Company: Sunrise Telecom Inc C. Phone: 469.587.9598 Fax: g. Address of Construction Company: 1001 Cralg Road Suite 485 St. Louis MO 63146 E-mail of Construction Company: Berol@simselalecenbz In case ofemergency - 241 HourE Phone: 608-279-9401 h. Phone: 608-279-9401 Fax: Delta County Road Bore/Road Cut Pallcy and Application Page 6of7 VOL TT PAGE 156 5 IN WITNESS WHEREOF the Applicant makes this Application and agrees to the terms and conditions herein on the date stated belowy FORAPPLICANT: 343R SUBSCRIBED AND SWORN before me this 5'y of 2024t0 which witness RHONDA YARBROUGH Notary Public, State ofTexas' Comm. Expiras 05-23-2026 Notary ID 133774931 and seal. August certify my hand NOTARYPUBLI,STNTE OFTEXAS Ga MY COMMISSIONEXPRES: PRINTEDNAME: FORC CONTRACTOR: SUBSCRIBED AND SWORN before me this b'ly of 2024 to which witness: Augure certify my! hand and seal. RHONDA YARBROUGH Notery Publlo, Stato ofTexas Comm. Explres 05-23-2028 Notary ID 133774931 NOTARY PUBLIC, STATEOF: TEXAS RoQB MY COMMISSION EXPIRES: PRINTED! NAME: O Delta County Road Bore/Road Cut Palicy and. Application Page7of7 APPENDIXA DELTA COUNTYVOL TT Phone: 903)395-44008xt.225 Each numberand: address, PapRAGE-157 withareference When paying for multiple applications click' "add payment" to separate each applicatlon fee, 200 West Dallas Avenue Cooper, Texas, 75432 Email: abemsEasemwssN Website: www.delacoumtyl.com UTILITY RIGHT OFI WAY APPLICATION TYPE OF UTILITY INSTALLATION: Above Ground TYPE OF UTILITY: Water Gas Other: TYPE OF STRUCTURES (CHECK ALL THAT APPLY): Underground Electric Flber Internet Utility Pole Other: Utility Box ABllappllation Isr requlred fort utlityboxes. Address:. County road 1170, CR 1177 Street address must matcht thet roadi name where utilitles wille be Reference/Project" Number: PID 3582178 Contractor: Sunrise Telecom Inc installed, Utility Owner: Spectrum Gulf Coast, LLC APPLICATION REQUIREMENTS. Alli fields oni application are complete. Applicable application fees paid. Must have at traffic control plan, if required. One application per road. Must provide any plats with utility easements that will be utilized. Must follow the criteria ini Palicy; for Installation of Utilities In County Rgheo-Waydoument Al legal survey or plat, if required, and a professional-quality scaled site plan. Upon further revlew, thea applicant may! be requiredt tos submit and original restoration bondf for road and/or Any other document orp planr required! by the department upon Initialrevlewi toz approve this permitrequest. Application will be rejected Ift the above requirements: aret notr met. directlyb byap publlc utilltyf franchise to operatel int thes State ofTexas, authorized1 to execute bonds undera and! ina accordance with the Stated ofTexas made out to Delta County." The! drainage bond Is repairs waived executed Ifthe byas surety company worky willl be performed APPLICANT INFORMATION Name: Rhonda Yarbrough Company Name: Sunrise Telecom Inc. Malling Address: 750 Canyon Drive Main Phone: 972.630.5192 Email:. Rhonda.Yarbrough@charter.com City/State: Coppell, Texas 75019 ZIP: EMERGENCY CONTACT INFORMATION Name:, Jason Kennedy Main Phone: 903-513-2738 Email: nionaemeby@ehater.on Company Name: Spectrum Gulf Coast, LLC COUNTY. APPROVAL For County. Staff Only IFees Paid PermitNo: PermiEppietton.Date: jommissioners Court, County. Judge Date commissioner, PrecinctNo. 123 4 (circleone) Date CLN RACTOR'S LIABILITY AGREEMENT &! ACKNOWIEDG:MEeT All types oft utilities linesi in publlcr right-of-ways shall be constructed andr maintained! In: accordance with the! provislons outlined in Pollcy andA Applicationf for Road Bore and! Road Cuts ink Deita County Roadways document, which are herev within attached and becomes a partof this permit along with this entirea appilcation. Our company understands that Iti Is responsible for proper traffic contral andt the County onslders proper traffic control measures tol bet those complying with thel Texas Manual on Uniformi Traffic Control Devices (TMUTCD). our companya also: agrees tot the following conditions for dolng work within ther right-of-way: stated] below, which Isa publicr roadway 1. Ishall contact the County Commissioner oft the precinct in which the proposed work is located at least forty-eight (48) hours prior to start of construction after approval of the permit application. No work can commence until the 2. All work: shall be performed only between the hours of 8:00 AM: and! 5:00 PM on non-holidays Monday through Friday. Work performed outside these hours may require the work to be redone unless Itis an emergency repair. 3. Any cuts opened for halft the roadway only will require flagmen on both sides oft the work area, allowing one-way traffic through. This type of operation will be held to a minimum and all advance warning signs and barricades shall be as speclfied in the Texas Manual on Uniform Traffic Control Devices (TMUTCD). These cuts will also be filled, and entire roadway opened at night and weekends. Any possible Impediment of traffic needs prior approval from the precinct Roadside worki in ditches alongside the trenched: surface may bel left opened atr night, only Ift they are barricaded solidly between open ditch and traveled roadway leaving a minlmum six (6) feet of road shoulder between the pavement edge and the barricades. The barricades shali be reflective and lighted with warning lights and conform to the 5. Any construction area maintained from dusk to dawn shall have Type B! High Intensity! Steady Burn Warning Lights to delineate the traveled way through and around obstructions In a construction or maintenance area. All warning lights 6. Contact Delta County after completion of work to determine the road Improvements are satisfactory. All damaged to pavement shall be reconstructed to existing or better condition. Construction work and road repair on County right- of- way shall be performed to Delta Countys standards and tot the approval and satisfaction oft the the County 1shall notify the the County Commissioner of the precinct in which the praposed work is located to obtain approval prior to any changes from this permit, Ifa approved, and/or Ini the event of an emergency repair. 8, in no case will the utility facllity bel located on the front slope oft the roadway (slope closest tot the roadway) or withina 9. Iti is expressly understood that the Commissioners Court does not hereby Imply to grant any right, clalm, title, or easement in or upont the County Road; andi iti ist further understood thati int thet future, the Company shall remove and relocate at the discretion of the County Commissioner of the precinct in which the proposed work is located, at no cost to Delta County, said utility line or structure If and when such relocation shall be or become necessary in 10. The installation work shall not damage any part of the roadway and adequate provisions shall be made to cause a 11. The contractor, utility company, or owner shall! bei responsiblei for all cost associated with the correction of any maintained! by! Delta County. County slgns off on the proposed location with an on-site Inspection. commissioner & the Sherif's Office: separate from this permit. requirements oft the TMUTCD for nighttime use. shall bei installed toar minimum: mounting helght of 361 inches to thel bottom oft the! lens. Commissioner oft thé precinct in which the proposed worki is! located. medlan without specific written authorization from the County. accommodate a plan for widening or improving said roads or rights-of-way. minimum of inconvenience tot traffica and adjacent property owners, unsatisfactory worko determined by Delta County. Company Name Sunrise Telecom Inc. SIGNATURE OF CONTRACTOR/AGENT 8/15/94 DATE: SIGNED Signature: -Date! Inspected: PateRsinspartds DateApproved; AK Notes: VOL. TT STATE OFTEXAS COUNTY OFDELTA PAGE 159 COMMISSIONERS COURT PROCLAMATION V2024-D4-23-03 ORDER OF THE COURT ORDER OF THE COMMISSIONERS COURT OF DELTA COUNTY, TEXASADOPTING: A POLICYTO! REGUATE. AND FOR' THE ISSUANCE OF PERMITS! FORTHE BORING OR CUTTING OF COUNTY ROADS ORIN' THE COUNTY RIGHT-OF-WAY WIHIEREAS, the Commissioners' Court ofI Dcita County, Texas wishes to adopt: a policy for the regulation and issuance of permits for the boring or cutting of county roads or within the county rights-of-vay; and WHEREAS, $251.003 and $251.016 of thc Texas Irnsportation Code authorize the commissioncrs court WHEREAS, $251.017 grants the commissioners court the muthority to set a reasonable fee for the county's issuance ofa permit authorized by chapter 251 for which a fee is not specifically prescribed; and WHEREAS, Commissioners Court ofDelta County wishes to adopt the attached policy regulating thc issuance of permits for the boring or cutting of county ronds or county riglts-of-way within Delta County, including the permit application process, and desires to set thc sum of $500.00 as a rensonable fee for the NOW, THEREFORE, BE IT RESOLVED THAT the Commissioners' Court of Dclta County, Texas does hercby adopt the attached policy regulating and establishing the issuance of permits for the boring and/or cutting of county roads and county rights-of-way within Delta County, Texas and sets the reasonable fec of$500,00 for thei issuance ofs such permits, as permissible and prescribed by law and the foregoing policy. too order such permits be required; and issuance of such permit as identified withia the policy document. ADOPTED AND ORDERED THIS 23ed DAY OF APRIL, 2024 Tanner Crutcher, County Judge ME lir d hLi Setir ICox, Commissionér Precinct 2 hLzl Mark Brantley, Commissioner Rrecinct 4 Morgan Baker, Commissioner Precinctt Anthony Roberts, Commissioner Precinct3 sn ATTEST or oauto Janice Rdberts, County Clerk Page1of1 VOL TT PAGE 160 0 TANNER CRUTCHER COUNTYJUDGE September: 5,2024 To: Spectrum GulfCoast, LLC 750 Canyon Drive Coppell, TX75019 CC: Sunrise Telecom, Inc. 1001 Craig Rd, Suite 485 St.Louis, MO 63146 County, Texas Dear Sir/Madam, Subject: Immediate Cease and Desist Order and Revocation ofRoad Bore Permit-I Delta This letter serves as: formal notice: from Delta County, Texas, to Spectrum GulfCoast, LLC, and its subcontractor, Sunrise Telecom, Inc. You arel hereby ordered toi immediately cease and desist all excavation, construction, boring, or any other work under or upon Delta County roadway, specifically located on County Road 1150 at or: near its intersection with FM 895, Additionally, Delta County hereby revokes the. Road Bore Permit previously issued for the said location and project. Effective immediately,: you are no. longer authorized toj perform any activities related to thei road bore, excavation, or construction at the aforementioned: location. The decision to revoke the permit and order cessation ofv work is due. to: failure to contact the County Commissioner ofthej precinct in which the proposed work isl located atl least forty-eight (48)hours prior to the start of construction after approval oft thej permit application. No work can commence until the County signs off oni thej proposed location and failure to: notify the County Commissioner oft thej precinct in which the proposed worki is located to obtain approval prior to any changes from this permit, ifapproved, and/or ini the event ofs an emergency: repair, Failure to comply with this order may result in legal action against your company and subcontractors, including but not limited toi fines, penalties, and prosecution under applicable local and state laws. Delta County will also seek compensation for any damages incurred as a 2001 West Dallas Avenuc I Cooper, Texas I 75432 IP/903)395-4400- ext. 9301 IF(903)395-2178 within Precinct#1. result ofunauthorized activities. tmtchetg.elacpanyscon Page 1 of2 VOLTT PAGE 161 Please ensurei that all equipment and personnel are: removed: from the site immediately. A representative from Delta County will inspect the site to ensure compliance with this order. You are: required toj provide confirmation ofreceipt ofthis notice and your compliance with the cease- For any questions or further clarifications, you may contact. Edgar. J. Garrett, County. Attorney, and/or CameronI Lenahan, Assistant County. Attorney, at (903)395-4400s ext. 9309 or and-desist order by September 5,2 2024. art@tclaeumvicam or! clenahan@deitacountykx.com, We: appreciate your immediate attention to this matter. Sincerely, / h Tanner Crutcher, County Judge Delta County, Texas mtheralelsmscen (903)395-4400 ext, 9301 Cc: Edgar. J. Garrett, County. Attorney Cameron Lenahan, Assistant County. Attorney Morgan Baker, County Commissioner, Precinct 1 Commissioners' CourtofDelta County, Texas Elmo Robinson, Constable Enclosures: Prior Permit. Approvals 200 West) Dallas. Avenue I Cooper, Texas I 75432 IP( (903): 395-4400 ext. 9301 [F/903)395-2178 mtcher.elarounyucon Page 2ofz VOLTT PAGE 162 DELTA. COUNTY IN DELTA COUNTY ROADWAYS PERMIT PROCEDURES POLICY AND APPLICATION FOR.ROAD BORE AND ROAD CUTS Applicant will make application for aj permit to bore underneath. a Delta County Road. The-Applicatiorwilo contain the following: 1. Identification, oft the company that is makingthea application, and.any contraotor OR 2. Desoribe the hature oft thet utility/pipdline that willl be placed underneath the county road, with citation to the statutory authority forplhtementumdemeat: fhecountyroad. 3. Describe fhe dimensions ofthe utility/pipeline, and a statement that the facility Will.be. installed in-conformity withall applicable state dr federal regulations, along. witha 4. Represeritatibn that Best management: Practices will be usedto-minimize erosion,, contamination, sedimentation and a commitment to1 Testore the woik.area toi ita former 5. Describe fully all traffic control measures to be utllized, in conformity. with the' Texas Manual ofUniform Traffio Control Devices to be used duringconstruction, 6. Dèscribe fully the Iocation ofthe proposed line, the scope ofwork intended, and any engineering desiga/irawings, or schematic to fully described the worke tol bej performed. 7. Particular details regarding the minimum depth ofthe utility/pipeline, any safety features, such as cafhodic corrosion protection, casing or slecve-pipe to' fecilitate subgequent repairs oftheutility/pipeiine, and thel location.of: such utility/pipeline in relation to the traveled. portion oft the roadway, as well as any drainage facilities related 8. Full design drawings for any adcess driveway, and whether such access will. be temporary orj permanent in nature, aingiamgonthmtim, andlineofsight ISEKEPRESIYINDABSTOD THAT DELTA COUNTY DOESI NOTPURPORT, BY THE CONSIDERATION OR GRANTING OF APERMIT, TO1 EXTEND. ANY GRANT,RIGHT, CLAIM,TITLE, sub-contractor actually doing, the work. citation to the applicable regulations. statc-ofuseluiness, imoindngreyegetmionof: the project area. to the roadway. dimensions. O Delta-County; Road,Bore/Road Cut Pallcy and Application Pagelof7 VOLTT PAGE 163 OREASEMENT IN ORUPONTHE IDDENTIFIED! ROAD, AND THATTHE. APFLICANT ACKNOWLEDGES: THATDELTA COUNTYMAY REQUIRE THE APPLICANT,ORANZSUBSEQUENT OWNER, TOI RELOCATETHB LINE, SUBJECTTO THEPROVISIONS OF TEXASLAW,BY GIVING Pursuant to $251.156' Tèxas Utilities Code, Itist understood: and agreed thatany damages sustained tot thei facilities installed under any permit as a result ofrontimecountyroad maintenance, including but not limited to mowing, ditch.cleaning, culvertrepair or replacement,; roadway excavation' and base work as a.resuit ofinsufficient ground cover over the installed facilities shail bet the responsibilityoftne. Applicant. Routinecoumlyrond APPROPRLATENOTICE. maintenance! is defined by 5251.156()(2), Texas Utilities Code. Applicant will notify Della County notl Iess than two. business days priorto-the commencement of any work conduoted.by the. Applicant witliin the countyroad: right-of-way, and will condudt such-work in al manmer suitablei to the Gounty Commissioneror Commissioners Court, Applioantshall conduct all work in conformity with the construction, plans and traffic This. Application will be reviewed by'the Delta County Corhmissioners Çourt, ori its designee.i in at timelyt manner. The Commissioner fort the Precinctin-which: the project is located willt befhe.primary County contact and.official responsible for review ofthe. Application. The Commissioner may.reguirea site visit priont to. the approval of any permit applioation. Such site visit is optional with the Commissioner or his designeé, but in àny case; control defail required by this applioation. O detailedplans and specifications oft thej proposed project will1 be required. Notet that the requirement ofgIII.020()C4),; Texas Natural Resources Code shall be freated as at minimumispacingi fori installations laid,patallei with a county maintained: roadway, and.may bei increased'by the County soi insure thatparallel! lines do-notinterfere with the primary use dftiepubierightoFwy, as ai means ofvehioulartrafic. Pursuant to $$251.003 and: 251.016ofthe' Texas Transportation Code: authorize the commissioners court to order such permits be required, $251.017grants the commissioners court the authority to setar reasonable fee for the county'sissuance ofa permieauthetizedby chapter 251 for which ai feci is not specifically prescribed. Based upon the foregoing, the Commissioners CourtofDelta County sets the sum of$500.Dp as areasonable fee: for the issuance ofsuch permit as identified within this document. Commissioner: responsible for the area subject to the.permit, Ifapprqved by the Commissioners Court, the. Road Bore Permit will besigned by the Delta, County Road' Bore/Roqd Cut Policy and. Appilcation Page 2of7 VOL TT PAGE 164 DELTA COUNTY ROAD BORE PERMIT ADELTA COUNTY ROADWAY FORE EXCAVATION, CONSTRUCTION, OR BORING UNDER Subject to the agreements, stipulations, and information provided in the.Application, be permission to enter upon and bore under a Delta County Road known for the pupose of excavation, construotion, boring or ofher work described in the attacled ARPLICATION FOR PERMIT AND AGREEMENT FOR RELEASE OF EIABILITV.FOR EACAVATONCONSTALCTON, ORI BORINGUNDBRADEITACOUNIYROADWA: AND. ADJACENT. PROPBRIY INDelta Courity, Texas (the "APPLICATION"). it known that Spentfum Gulf Coast.LLC Contractor: Sunrise Telecom Inc as:_ Gounty road 1150 FM 895 1 as as Applicant, and its is hereby Permitted and Given at or near a point of intersection with or more specifically defined by- Idcation within Precinct # FM 895 This) PERMITisinall; wayss subjecttot thei mgpirmmismmdrastiaton: ofthe Application presentéd to Delta County and attaplied hereto. The date ofi issuance oft this permit is this day of 20 FORCOUNTY: County Commisioner;,Peinet. YORAtMECAN.Spcoum Gupfostlc mommsSumtlalmsa Ine. KNOW: ALLMENBY THESEPRESENIS: BEFOREME, ont the Wo'laye y.o4 appenred: DE CAnalss. bipcioc DR Cashuchun Spriermé and addiress of the primàry Applicant seeking thé Susee liocm_Name and: address of companythati is' Contracted fo dot the permit, herginafter: refetred to as-Applicant Ans: STevg work, hereinafterreferred to as Contractor: Applicant makes. this application with Delta Cdunty for a permit tg engaga in acfivities related to fhe excavation, construction, or boring under a Delta County Roadway and adjacent praperty or other work as described below, (any and ali of the foregoing activities hereinafter, Delta County! Raad Bore/Road Cutl Pollcy and Applicatlon Page3of7 - VOLTT PAGE 165 known as the Project) on County Road1 1150 nearasubdivision or intersection described and identified FM895 [Description of work on the Project: Incorporate additional shects if necessary and attach as ADDENDUM-AJ and stipulates as follows: ToindwsDela.Comly to.grant Bamgpsi-pemt,Agplem: andi its Contractora agrees 1.. Delta County, hereinafter the "County" às used herein includes Delta County, Texas, a political subdivision ofthe Slate.ofTexas, its employees, agents, officers, and officials. Applicantast usedhereinineludes, Applicantnamed above, its officers, employees, Applicmts, sub-Applicants, and its heirsand assigns, togetherwitl its Contractor, andi its officers, employees, sub-contractors and its heirs and assigns, who are jointly and 2. severallybound and obligated to the terms ofthis agreement. 3. Applicant, acting by and through its Contractor, will beperforming excavation, construction, boring or other workc as described above in Paragraph 1 and. Addendum-A, ifattached. 4. Applicant and Contractor hereby acknowledges that excavation, construction, boringahdrelated work isa dangerous activity.Applicant: further ackrowledges thatsuch activities involvecertain-risis: of serious injury ordeath, 5. Applicant shall-provide all reasonable safely equipment and take otherrensonable precautions during thel Project. Delta Coynty is notresponsiblei for providing or dbligated to provide'any safety equipment or other equipment for Applicants employees. 6. Delta County is not liableto Applicant, any assignee or any other person and or entitybased upon any claim arising or alleged to arise from any injury, harm or damage that may ocour to Applicant or otherwise-as aresult of the Applicant's activities for, in behalfof, or in relation to Delta County. 7. Applicantand Contractor lereby agrees tgplapendholhamies: Delta County for all damages or losses accruing to Applicant or equipment as a.result of any injury incurred qr causéd by Applicant or damage to equipment or injuries. or death ofpersons which result directly, or indireotly from Applioant's activities orparticipation in work or activities otherwise in, on, of about the roadway and property identified above. 8. Applicant and Contracfor hereby.agrees to indemnify, release; and hold.harmless Delta County from all Glaims, suits, penaities, damages, or Iosses whatsoevet asserted Delta Gouhty Road Bore/Road Cut Pallcy and. Application Page 4of7 VOL TT PAGE 166 against Delta County or its officials, officers, or employees arising from Applicant's activities pr operations related to exçavation, construction, boring, or ofher activities in any-way whatsoever in, on, or about the-roadway and property identified above, and fhe costi inctirred! byDelta County.as resulto ofthe defense agàinst such claimé, suits,penalfies, 9, Applicant and Contrautoragrees to indemnify, release, and hold hatmless-Delta Gounty includes but is not limited to claims, suits, penalties, damages or Iosses. arising from Applicants acts, actions, ar omissions and Delta County's agents or employees' acts, aotions or bmissions with respect to Applicant or the Praject on or about fhe locâtion described aboye except however, excluding Delta County's agents' or employees' sole. 10.Applioant and Contrantorhereby agrees to.repair any damage. to a countyzoad, drainage device, drainage-feature o1' any part cofany county road or supporting.device pr assdciated device orf feature for whichDelta County. has a right ora duty ofmaintenance orwhich is customarily maintained or managed by Delta County caused by Applicants moving of equipment to or from the property. identified above andany work on the Project, Should. the. Applicant fail to- make such repair within 30. days or a lesse: reasonable time after written notice from the Deita County Judge or any Deita Gounty Commissioner, then Delta County may make such repairs as are reasonably necessary or appropriate and Applicant willpay Delta County fort the costoftherepairs. incladingbutnotl limited to the costs ofmaterial, labor, use ofequipment: and any other reasonably associated-cost, 11.Delta County does not authorize or purportto have any authority to authorize. pipeline. operations or ary ofherwork oni lands inDolta County which ares nofownédin: fée simple APPLICANT MUST OBTAIN AN EASEMENT, LEASE, OR OTHER. PROPERTY RIGHT FROMTHEPERSON WHO OWNS THE PROPERTY UPONWECEAPEICANT SEBKS This permitis not casubstitute fors such- a right to Iay apipeline upor fheproperty. This permit ist only forthé excavation, construction, or boring associated with thel leying ofapipelineunder a county roadway in Delta County. Any actions on the part of Applicant which. creates any liability or affeots the rights ofthe holders ofahy real property-shail be solely.the responsibility of Applicant. Any county road that is maintainedunder any claim Iess" then fee simple title, for example, prescriptive easement, implied easement, or adverse possession shall require the Applicant to obtain from the underlying property ownet an ensemenit, lease or other righttouse 12-In the event of a dispute concerning any aspect of this Application: and Permit or any. claim or dispute arising pursuant fo this Application and Permit or an act or condition damages orlosses. negligence, gross hegligenca or intentional misconduct. byDelta County. TO CONDUCT PIPELINE OPBRATIONS. the-underlying landowner'sproperty, for the purposes oft this permit. O Delta County Road Bore/Road Cut Policy and Application Page 50f7 VOLTT PAGE 167 addressed herein,Applicant: agrees that venue for all court proceedings shall be in Delta 13.Neither Applicant nor Delta County have made any additional oral promises, representations, or agreements not memorlalized in. this document or the documents 14. The undersigned states and represents fhat. he has the legai capacity to execute this Application obligating the respectivey Applicant to the terms and provisions hereofand has kngwingly and willingly executed this instrumentafter. reading same. 15.. Applicant by signing below states that hel has and maintains. Liabilityl Insurauce Coverage in an. Amount of $5,000,000.001 by a company with an AMI Best Rating ofnot less than A-, to protegt the County and. the Public from claims arising from the Project described 16. Applicarit agrees and ynderstands thatDeita Countyis relying oh thei insurance described Çounty, Texas, attached hereto and incorporated herein for all purposes. in this Applioation. herein as evidence, of Applicant's finmmoialresponsibility. 17.Applioant's contact information: 0 a, Name ofAuthorized: Representative:, Brendan Herbeck b. Address of.Authorized Representative:750 Canyon Dr, Coppell TX75019 d. E-mail of'Authorized Representative: emenesspetasteren % Ino case ofemergency- -241 Hour Phone: 469,587.9598 f. Name 6fConstruction Company: Sunrise Telecom Inc d. Phone: 469.587.9598 Fax: Address ofC Construction Company: 1001 Cralg! Road Suite*485 St. Louis! MO 63146 E-mail of Construction Company: Berdol@aumsaliscombz Ind case of emergency -241 Hour Phone: 608-279-9401 Phone: 608-279-9401 Fax:. Delta Gounty! Rdad Bore/Road Cot Pollcyo ahd Application Page Gof7 VOL TT PAGE 168PPENDIKA Eachj payment must be! labeledwithar reference Wien paylng formultiple applications click." "add payment" to separate eachapplcationfee. DELTACOUNTY 200 West Dallas Avenue Cooper, Texas,75432 Phone: (903)395-4400ext.; 226 Emall: mbsmmeensemsisN Website: www.delarounty.con number and address, UTILITY RIGHT OF WAY. APPLICATION TYPE'OF UTILITY INSTALLATION: Above Ground TYPEOFUTILTY: WWater Gas Other:, TYPE OF STRUCTURES (CHECK ALLTHATAPPLY: VUndergraund Electric Flber Internet Utllity Pole Other: Utility Box A:911appllcation! isn required for utility boxes. Address: County road 1150 Streetaddress must matchther rpad name where utiltleswil ber RafermeaPolerNumber: PID 3582178 Contractor:, Sunrise Telecom Inc Installed. Utlity Owner: Spectrum Gulf Coasf, LLC Allfieids on' application are complete. Applicable application fees pald. Must-have a traffic control plan, If required. One applicatlon per road. APPLIGATION REQUIREMENTS Mustprovide any plats with utility easements that will be utilized. Mustfollaw the criterla In Pallcyfor Installation of Utillties in County. Agneg-Waydocument: Al legal survey. or plat, If required, ànd a professional-quality scaled site plan. Applications will be rejected IFtho: above regulrements are: noti met. diectly Byap publiét ullity franchise! to operatel Int the State: ofTexas, Upon fufther ravlew, thea appllecantimay! be raquiredt tosubmite an ariglnai restoration bond for road: and/ordralnager repairsexecuted! Ibyn.surety company authorizedt to:execute! bonds under andi Ina accordance witht tha! State dfTexas made out tol Délta County. Thal lond Is walved! Ifthes work'w!l berperfarmed Any olher documentor planr requlred by: the department upon! Initialrevlew! to-approve thisp permitrequest. APPLICANT INFORMATION Name: Rhonda Yarbrough Main Phone: 972,630.5192 Emall: Rnonda.Yarprougn@charter.com City/State: Coppell, Texas Company Name: Spectrum Gulf Goast, LLC Malling Address: 750 Canyon.Drive ZIP: 75019 EMERGENCYCONTACT INFORMATION Name: Jason Kennedy Main Phone: 903-513-2738 Email: ason.kennedy@charter.com, Company Name: Spectrum Gulf Coast, LLC COUNTYAPPROVAL 1-23-R-1 Date Des Fprountystaffonky DFagsRalt sommissioners Court, County. Judge TN / Lley J.deay Permit-No: Commissioner, Precinct No. 02 2 5 & (circlerone) PagniepoPatopDates- A 169 eEl MENI Alltypas pfutllitles lInes Inpubllc right-of-way shall be constructed. and maintalned In uccardanca.with the provislons autlined! In Policy and Application for RoadBore and Rood Cuts In Delta County Roadiyays document, which: are here within attached and! becames aj parl of this permit along with this ontire applicatlon, Oure company understands that IEI is responsible forproper tralfic contral: and the County conslders proper traffic control msasures tol be those complying with the Texas Manual on Unfform Trafflc Control Devices (TMUTCD). Our company alsoagreest ta the fellowingcondhions for doingwork within the right-of-ways Siatolbelou,whchise; publicr roddwy 1. Lshall contact the County Commissioner of the precinct In which the proposed worki Is lecated atleast forty-elght (48) hours prlor to start of construction after approval of the permit application. No work can. commence until, the 2. All work shallbe performed only. batween the hours'of 8:00. AM and! 5:00 PM on non-holldays Monday through Friday. Work performed outside thèse hours mayr require thework to ber redone unless! Itis: an emergancyrepair. 3, Any'cuts gpaned for half the roadway only willt raquire flagmen on bothi sides ofthe work area, allowlhg ane-way. traffic fhrough. This type of aperatlon will be held to a minimum and all advance warning signs and barricades shall be BS speclfled In the Texas, Manual on Uniform Teafflc Control Devices (TMUTCD). These cuts-will: also be fllad, and entire roadway opened at night and weekends. Any possiible Impediment of traffic needs prior approval from the precinct 4, Roadside workin ditches alongside the trenched surface may be! left opened,at night, only) If they are! barricadadsolidly between open ditch and traveled roadway leaving a minlmum slx (G) foet of road shoulder between the. pavement. écige and the barricades. The barricades shall be reflective and llghted with waining lights and conform to the 5. Any construction area maintained from dusk to dawn shall have Type'B High Intensity Steady Burn Warning Lights ta delinenze the trayeled way through and around abstructions In à construction or mantenance area, All warning lights 8. Contact. Delta County after completlon of work to determine the road Improvements are sntisfactory. All damagod to pavement shall be reconstructed to existing or better condition. Canstruction work and road repair an Countyright- of. way: shall be performed to Delta County standards and to'the approval andsatisfaction df the the County 7, is shalf notify. tha the County Commissloner of the precinct In which the proposed work Is locatad to obtairi approvalg prior to any changes from this permit, ifapproved, and/ori In the eventof an amèrgency repalr. 8. Imno case will the utlityi facllity be located on the frontslope of the roadway (slopo closest to.the roadway) or withina 9. Eise expressly understood that the Commissloners" "Court doss not Hereby Imply, to grant any right, clalm, title, or casernent Ihro ort upon thet County Road; and Iti isfurther understood that'n the future,the Company shall remave and relocate at the discretion of the County Commissloner of the precinct in which the proposed work Is located, at no cost to Delta County, sald utility line dr structure If and whert such relacation shall be or become necessary In 10. Tlie instajfation work shall not damage, any part of. the roadway and adequate provisions shall be made to cause.a 11. The contructor, utilly company, or owner shall! be responsible'for: all cost asspclated with the correction of any maintained! by Delta County, County signs off on the proposed! location with an.an-site Inspactlon. commissioner &rthe Sherlff'sOffice: separate-from this permlt. requirements of the' IMUTCD For nighttime use, shall be Installed toa minimum mounting! helght of 361 Inclies to the bottom of the lens. Gommissioner of the precinttinwhichi the proposed work Is located, median without: speclfic written authorization from the County. accommodate a plan for widening or Improvingsald roads dr rights-af-way. minimum of Inconvenience to traffic and adjacent property owners. AtRORwDRCtmaNe by Delta County. Vaipany Narne Spoctrum Gulf Coast, LLC Duecr SNATUHT Notes: Glw24 GATESGMED Siguntruz Ontainspactas. matemsinspectunts. Ontuhprdved: OFCONTRACTOR/AGBNT VOL TT STATE OFTEXAS COUNTY OFDELTA S PAGE 170 COMMISSIONERS COURT PROCLAMATION 2024-04-23-03 LO ORDER OF THE COURT ORDER OFTHE COMMISSIONERS COURT OFDBLTACOUNTY; TEXASADOFTINGA POLICYTOREGUATEAND FOR THE. ISSUANCE OF FEBMATSTORTIIPOHINCON CUTTING OF COUNTYROADS OR. INTHE COUNTY RIGHT-GE-WAY WHEREAS, theCommisioner' Court ofDelta County, Téxas wishes to adoptn policy for the regulation and issunnce ofparmits for the boring or cutting of county. ronds OE withln thec county rights-of-ways nnd WHIEREAS, $251.003. and $251.016 of the Tesas' Transportation Code authorize thet commissioners court WHEREAS, $251.017. grants the commissioners court the authority to: setat rensonable fee for thé county's issuance ofa permic: authorized by chapter 251 forwiich a feeis.morspeciicaly, prescribed; and WHEREAS, Commissionprs Court ofDcita County wishes to ndopt the attached poliçy regulating the issunncé of permits. for the boring or cutting ofcounty-roads oF county rights-of-wiy within Delta County, including.the permit: applicntion proccss, and. desircs to set the sum-of$500.00ns a reasongble fce:for the NOW, THEREFORE, BEIT RESOLVED THAT the Commissioners' CurofDelmi/Counay, Texns- docs hercby ndopt thet attached politgy.regulatingand. establishing the issuance of permits for, the boring and/ércuttingof county roads and county righte-ofwnywithin Deltn County;Toxas and'sets tho reasonable fee of$500.00 for theissunnce ofsuch permits, as permissible and proscribed1 by lawand the foregoingpolicy. tolorder such permirs be required; and issuince of such permit Rs identified" within the-polity.iocument ADOPTED AND ORDERED THIS2 23-DAYOFAPAIL2DA Tanner Crutcher,County Morgan Baker, Commissioner Precincrt Anthony Roberts, Commissioner Precinet3 Selh Precinct2 lir E MhLsnti Mark Brantley, Commissioner Predinct4 ATTEST) Pbbni Janice Roberts; County Clerk O Page elof1 VOLTT PAGE 171 IN WITNESS WHEREOF the Applicant makes this Application and agrees to the terms and cpnditions-lheroin on the dates stated below. Bs SUBSCRIBED- AND SWORN before me. mili'heyo of certifywhich withess my hand and seal. Hyalh RHONDA YARBROUGH Natary! Publlo, State of Texas! Comm. Expires 0B-23-2028 Notary ID 133774931 FOR-CONTRACTOR: Pnonda Ucme NOTARY FUBMICEATEOFIA. MYCOMAISONTRES: 523-2 PRINTED NAME: Pnenda Varaogo Dsedor u SUBSCRIBED AND SWORN before me this Lolay of 2014 ta certify-whick witness my hand andseal. July RHONDA YAHBROUGH Notary Publlo, Stato ofToxas Gomm. Explras 05-23-2026 Notery D' 1337.74931 oR NOTARY PUBLIC, STATEOFT TEXAS MY GOMMISSION) EXPIRES: 5-23-24 PRINTED! NAME: Rnorda Narbruogn Delta County Raad Bore/Rodd Cut Policy and Application Page7of7 VOL TT PAGE 172 DELTA COUNTY IN DELTA COUNTY. ROADWAYS PERMIT PROCEDURES POLCYANDAPPLICATIONI FORI ROAD'BORE AND ROAD CUTS Applicant will make application for. a permit to bore underneath E Delta County Road. The Application will contain the: following: 1. Identificalion oft the company that is making the applioation, and any contractor OR 2. Describe the nature oftheuflity/pipeline that will bej placedandemeath the county road, with citation to the statutory amontylorp.atement undemeatli thecounty road, 3. Describe the dimensions oft thel utility/pipeline, and a stafement that the: facilitywill be installed in conformity with-all applicable state or federal regulations, along-with.a 4. Representation that Best management/Practices will be used to minimize erosion, contamination, sedimentation'a andac commitment to restore the work area to: ifs former 5. Describe fully all traffic control measures. to be utilized,n conformity with the Texas Manual ofUniform Traffic Control.Devices to be used during construction, 6. Desoribe fully the location-ofthe proposed line, the soope ofwork intended, and-any gpetmgcgcravins. or-schematic to fully described the work to be-performed, 7. Particulàr details regarding the ninimum depthofthei utility/pipeline, any saféty features, such as cathodic corrosion protection, casing or sleevepipe to-facilitafe subsequent: repairs ofthentilitylpipelin, and the location of such utlity/pipelinein. relation to the traveledportion oft the roadway, as wéll. as àny dminmgefielltesmlated 8. Full design drawings for any access driveway, and whether such access willl be temporary orpermanent ini nature; including drainage considerations,andi lineofsight ITISE EXPRESSIYUNDERSTOOD THAT: DELTA COUNTY DOES NOT PURPORT, BY THE CONSIDERATION OR GRANTINGOFAI PERMIT, TO. EXTEND-ANY GRANT, RIGHT; CLAIM,TITLE, sub-contraotor actually doingthe-work. citation to the applicabler regulations. state ofusefulness, molndingrevegetation ofthe projecbarea. to: the-roadway. dimensions. O Delta-County Road Bore/Road Gut Pollcy and Applicatlon Page1of7 VOLTT PAGE 173 ORJ EASEMENT IN OR UPÔNTHBIDDENTIERIED: ROAD, AND THATTHE APPLIÇANT ACKNOWLEDGES THATDELTA COUNTYMAY REQUIRE THE. APPLICANT, OR. ANYSUBSEQUENT OWNER, TOREEOCATETHE: LINE, SUBJECT TO THB PROVISIONS OFTEASTAM,BYONING Pursuant to $251,156 Texas Utilities Code, It isuhderstoodand. agreed that any damaes sustained to the facilities installed under any permit ag aresulbofroutine: county road maintenanc,imohding but not limited to mowing, ditch cleaning, culvertrepair ar" replacement, roadway èxcavation and base work as aresuiltofinsuficiemt: ground-cover over the-installed facilities shall bet the responsibility ofthe Applicant. Routiné courityroad APPROPKATENOICE mâintenança is defined by $251.156 ()(2), Texas Utilities Code Applicant will: nolify. Delta County not less than twol business days prior tot the commencenent ofany work conducted by the Applicant within the county road right-of-way, andwILcondtuctsuchx work in a manner suitable to the County Commissioner or Commissioners Court, Applicantshall conduct all work in conformity with the construotion plans and traffic This. Application will be-reviewed bythe. Deità County Commissioners Court, orits designee-in a timely manner. Tho Commissioner for the Precinct in which the projectis located will be the primary County cortact and officiairesponsibie for review ofthe. Application. The Commissioner may require a sitevisitprior' to the approval ofany permit application. Suchsite visit is optional withr the Commissioner orhis designee, but in-anycase, control detailrequired. by this application. detailedplans and specifications oft fhej proposed.projeat" will be required, Note that the putmmrofl.2vD)e. Texas Natural Resources.Code shalll be treated as ai minimum spacing fori installations laid paraliel with a commly-maintained roadway, andmay be increased by the County: so'insure that parallel. lines do not interfere.with tlie primary use of thej public right-of-way as a1 means ofvehiculartraftic. Pursuant to $8251,003.and: 251.016 of the Texas Transpottation Cpde. authiorize the commissioners court to order such permits berequired. $251,017 grants the commissioners court the authority to set areasonable fee fort the county's issulance ofmpermirauthorized by chapter" 251 for which a: fee is not specifically prescribed. Basedupon the: foregoing, fhe Commissioners Court ofDelta Couhty sets the sum afS500,00as: a reasonable féefor the issuance ofsuch permit as identified within this document. Commissioner responsible for the area: subject to the permit. Ifapproved by the Commissioners Court, the Road Bore. Permit wili bsz sighedby'the Delta County Road Bore/Raad Cut Policy and Application Page 2 of7 VOLTT PAGE 174 DELTA COUNTY ROAD BORE PERMIT ADELTA COUNTY ROADWAY FOR EXCAVATION, CONSTRUCTION, OR BORING UNDER Subject to theagreements, stipulations, and information provided in the Application, be. permission to enter upon and bore under a Délta County Road Inowi it known thàf Speofrum Gulf. Coast, LLC Contractor: Sunrise Telecom Inc As: County road 4620 FM895 4 as as Applicant, and its is hereby Permitted and Given at or near a point of intersection with ormore specifically defined by location within Precinct # SH19 for the purpose of excayation, construction, boring or other work described in the. attached. APPLICATION FOR.PERMIT AND AGRBEMENT BOR RELBASE OFLIABILITY FOR EXCAVATION,CONSTRUCTION,ORINGUNDBRADELTA.COUNTYROADWAY AND ADJACENTPROPEROPERTYINDela County, IexHS(he-APPLICATION"). ThisPERMITisi in all stayisuiplasw presented tb. Delta County and attaclied heréto. The-date ofissuance oft thisj permit is this day of 20. - FOR COUNTY: County Commissiotier, Precinot PoRAmucAm.Sparinum Gult Coast uc. FORCONTRACTOR: Sunnse lelccsn Ine. I Project Policles: andi Procedures. Database/Fledtronlc' Grant Management System. BENEFITS TO DELTACOUNTY: ensure an equitable and targeted recovery. Projecti Mansgemea.amplememtation Plan, including Communication Plan and DocumentN Management: Plan, within 14 GrantWorks' experlence! int the FEMAI Public Assistance, grant program. enables the GrantWorks' ingenuityy will provide the County-w with ongoing support, network County to be well-equipped for reçovery. development, and technological. reportingt to. GRANTWORKS,1 INC.1 PROPRIETARY BCONFIDENTIAL CA-ORCYINYCINES ELACCAMANAIKEIESNESARNEANESEN AGE & 0 . U HAZARDI MITIGATION ASSISTANCEPROGROGRAMFUNDING: SUPPORT PHASE2:PROJECT! FORMULATION SCHEDUIE1-GODAYS OVERVIEW: ty, Phase 2 emphasizes the actual preparation of damage summary outlines. Thisp process Jointly involves the effoyts ofthe Coun- Team's comprehensive programmatic knowledge ofa associated. regulations, policles,and: statutes to maximize eligibility and expedite the administration oft the County/srecovery operation. This phase wilfr necessitate coordination with County staff to TDEM,and FEMA. These efforts arè oft thei detalled: assessments; théj product field in Phase1,1 layered wijth the GrantWorks Identify any duplication ofbenefts.pelore projectformylation. PERSONNEL: County Elected Oficlalfs) Çoynty ProjectManager County Department Staff TASKS: GW Program Manager GW1 Public Assistahce Pioject.Manager GW Project-Grant: Staff Comprehensive: administration oft FEMA progfams and projects contemplated by-project worksheets. Collaborate with the County on project formulation, inclyding damage assessments, niormatorgatherng. thes scope of Coordinate with County stafft to obtain all costs andi necessary backup dpcumentationto develop, revise,andsubmit Proactively Identify opportupitlesto maximize Public Assistance and Post-Disaster Mitigation Section-406 funding. within & 0 3 M 8 6 worklevelopmient, and pioject submittals. project worksheets. thec current régulatory framèwork. Pbulésomgahnggutmsie: maximize-FEMA! Publlc Assistance funding. Review data and records for compliance with federal requirements. Document collection and organization for costs incurred to date and ongoing. Research, develop, and prepare grant applications: ando other applicable public assistange documents. DELIVERABLES: in Phase1, BENEFITS TO DELTA COUNTY: Participate Int the FEMARecovery. Scoplng Meeting and complete the Damage Injventpry within. 60dayginotconplete. GrantWorks'staff: willt usél Lessons Learned and Best-Management Practices-acquiredl through decades of experiencet man- aging federal and state-funded projects--and Information: gathered during the kiçkoff and subsequent méetingst to develop, tailored processes andt templates, The teant willl lay at foundation for successlul, timely.projècts bys working closely with and: communicating effectively with the County, PAGE 441SECTION3-CAPACAPACINTOPENFORM PROPREARYESOMEDENDNMIDALIGPATWOIASNE - DELTA COUNP,IEXSIDEASTER: RECOVERY MANAGEMENT SIGRAEsSANcA RAGE-296 HUROMTANIONASSANET PROGRAM! FUNDING: SUPPORT PHASE: 3: PROJECT WORKSHEET REIMEURSEMENT ANDI MONITORING SCHEDULE: 601 DAYS-CLOSEOUT OVERVIEW: During this tàsk, the GrantWorks Team will assist the County by creating this stage. This phase emphasizes the execution of reimbursementihnrgugh the Public. Assistance program. Additionally, we Increase or decrease eligible. scope and funding. files TDEM. Many projectworksheets should have atl least an initial verslon project to: support closeput activity by FEMA and and obligated or have been awarded In! the earlier part of may identify latent damages and change orders to repair restoration activities while pursuing project obligations and PERSONNEL: County Elected Officialfs) County Project Manager County Department.Slaff TASKS: GW Program Mànager GW Public Assistance GW Projéct Grant Staff Project Manager Coordinate and manage deliverableswith TDEM and FEMA. submissonslapproyalis, opèn issues, financjal reviews, etc. Assistwith TDEM, FEMA, and/or other agency grants detailed quarterly reporting. Provide detailed periodic management: reports on the status of project worksheets, Incliding Provide cash management: reports shoying the projected schedufe for relmbursement Request time extension" to FEMA and/or other federal grants and" TDEM when Assist with insurance clalm submission document the final amount ofinsurance proceeds Assist in gettingt ther necessaryiegal documents for proper filing. Advise on document retention strategles. Ing consuitants, other agencles, and the County. developments, revisions. of upto $1 million to berelmbursed necessary so that eligibility is not forfeited. to FEMA to avoid duplication of benefits and reimbursemént: receivéd.. Also, evaluate funding needs based on small project limits requests and theactualstatus of upon gbligation. B and tracking of projects submitted applied to. each project. Track the status of FEMA and other agency reimburséments and serve as a co-liaison between Assist in responding to. Requests for. Information. from FEMA, TDEM, or other agencies, Assist in submitting appeals to. FEMA or èntertaining arbitration, Ifrequired. Prepare public proçurement: documentation and additional procurement requests for quallfcations, requests for proposals, or other Review data and recordsfor compliance with federàl requiréments. Sybmit amendment requests to change a project's scope ofwork or costs. FEMA, TDEM, engineer- 3 assistance, including preparing and writing project worksheets, other publjc assistance projects, and federal applicable and: procurements fori identifjed projects that align with state requirements. DELIVERABLES: Quarferlyand Periodiç Managemént Reports. > Cash Management: Reports. BENEFITSTO DELTA COUNTY: The County willl benefitfrom GrantWorks' expertise In managing, monitoring, and thatcomplywith FEMAPublc, Assistance requirements. With the step, we will incorporate consideration for FEMA policy, costs,and to ensure documentation is réadily available. controlling project processes and reports through obligationz and: full: reimbursement. Ate each Insurance reimbursementfori indlusion into. the projectfile procedures, GrantWorks will pravige the tools' to make Delta County's development FEMAI of communications, templates. policies, and and controlled. GrantWorks will traçk each project fromi initial development Public Assistance program efficient, monitored, a L GRANTWORKS, INC.] PROPNEARYACONFDBHTAL SECTON3-CAPAGIYTO: PERFORMIPAGE 45 A DELTACOUNIYTV4S, NSATE ECOKENCAANACEMENTSERNACESFAMARUBUC SSISTANCE& BAZABDMITIGATIONASISTANCEPROGRAMFUNDINGSUPORT PHASE 4:1 FINAE RECONCILIATION AND CLOSEOUT SCHEDULE: CLOSEOUT- AUDIT OVERVIEW; During Phase 4,1 the GrantWorks Teàm assists thè County In coordinating with TDEM to closeprojectsupon: work and rélm- bursement completion formally, Once all the Countysprojectsare closed, FEMA.and" TDEM work together toclosé the-Public Assistance. award forthe disaster, PERSONNEL: County Elected Official(s) County Project Manager TASKS: GW Program Manager GW Public. Assistance Projèct Manager 4 Advise the County on the management of the closeout process. Provide. problem resolution to address Issues as they arise. Address federal ahd non-federài audit fequests. Complle final source documentation'rom: the document management (atabase,whichhgs gnelectronlccopy ofall relevant sourced documentationycorespondence, and grant managementmatenas, reducling or eliminating, fellarice 'On hardcopy files. Review dâta and records for compliancewith federal requirements. Ensure proof of payment for all transaçtions is available and reconciled to disaster claims for closeout. Revlewall change orders, contracts, andfor Force Account records to confirm that we have captured all possible funding to maximize the grantand recognize all costs required to complete the eligible scope of work. Prepare the final projeptworkshegt closeout' verslon with FEMA: and TDEM: to capture the final cost reconclliation, change orders, subsequent environmenta). and! historic preservation reviews, hazard mitigation, etc., and allgn.the cost andscope 3 ofwork. DELIVERABLES: Final "Audit-Ready" Project Flles. Project Completion Certificatjon. BENEFIT TO DELTA COUNTY: GraniWorks ensures that our FEMAI Public Assistance Team has completed all project work and. executed all project manage- ment prôcesses. The Countyrecelves: formal recognition from FEMA and TDEM for successfully completing Its. projects. PAGE 4615ECTON3-CAPACIY TOPERFORM PROPRIETARY SCONFDENTALIGRALIGRANTWORAS,INC VAI DELTA oemtstOscEEASAMTERSESACESARANEAEENS PAGE298 HAZABDMATIGAIONASSSTANCEPBOGAM FUNDING SUPPORT 3.4.2 FEMA, Hazard Mitigation Work Plan GrantWorks' FEMAI HMA Detailed Project Management Plan details-howwe perform Hazard Mitigation project work. Our plan lists categorical tasks, proposed personnel assignments, a déscription of major deliverables, and a proposed timeline. FEMAHMARHASEPREAVAFD: PPLICATION: DEVELOPMENT ECOMTPACVANMODAPOROSOEASTE OVERVIEW: TASKS: GrantWorks will provide guidance and technlcal support to align projects with FEMAHMA program priorities tot tell a meaning- fula and competitive projectstory. Application Development: Support: Coordinate wiih Countysfaff: andi locals stakeholdersto determine. overall mitigation objectives for each project element. Assist int the determination of project feasibility and effectiveness. Developa detailed: scope ofwork, budget, and schedule. Produce: maps/ables/graphics: to llustrate: the project through data andi numbers. Complete prelpinay/Enpviohménul and Historic Preservation (EHP) reviews to monitor compliange with the National Providerguidance linking sodial andenvironmental. benefits, nature-Dasedsolutions,asidressing future conditions, en- Schedule; coordinate, andi facllitaté citizeri participatlon workshops/public meetings tos solicit ioputr regarding heèdsand recovery priorities, Including assistarice with notices, agendas, presentation materials, and doçumentation. community Environmenta. Policy-Act (NEPA). hancing arvironmentaly yalue, tc. "Submit appliçations forçonsideration. by TDEM and FEMAI via the FEMAGO portal. Benefit-Cost. Analysis: > Çoordinate with engineers and/or local's staff jo calculate Benefit-Cost. Analysis (BCA)using FEMA's BCAT Toolkit. Provide timely andt thprough responses to FEMATDEM: ànd priorilizeagency questions and requests to accelerate the FEMAITDEM Requests for information: programmatic revlew ands sub-application selection processes. Project scope of work, budget, and schedule DELIVERABLES: Benefit-Cost Analysis Preliminary Environmental, and Historic Preservation Reviews Public meeting(s), Including notices, agendas, and presentation materials. RFIr responses to FEMA/TDEM. Complete the application for County-review. Complete application: for submitta! to FEMA/TDEM Submittal confirmation: for FEMATDEM BENEFITSTO DELTA GOUNTY: The County has compliant applications for FEMATDEM, projects that meet: all requirements. GRANTWORKS, MEIPOREPATOIFENL SECTON3-CAPACTKTO: PERFORMIPAGE 47 EACAYANAMTEtIENESAESEA PAGE299 4 MANOMTASPVASACIRNAVENeRONT FEMAHMAPHASE os EAWARD PROJECT LAUNCH SCHEDULES 30DAYS. OVERVIEW: During this phase, we will establish an effective grant management program to enable continuous project oversight and optimize delivery speed, quality, and value. We develop tallored processes, templates, and communication protocois that laya foundation for successful project implementation. TASKS; Kick Off Meeting: Program! Set-Up: tion. Prepare agenda and schedulellacilitate meetings to identify community: prioritles, anticipated deliverables, schedules, Develop tallored processes, templates, and communication protocols to lay at foundation for successful grant administra- Assess Internal procedures and processes related to financial management, ecordkeepngcocument management, and procurement: for capacity and compliance with FEMA/TDEM rules and help establish and maintain financial processes Advise County staff on compliance with federal and: state regulations, rules, and policies related to disaster reçovery and program administration applicable Code of! Federal Regulations (L.e., 2 CFR $200, TDEM and FEMA guidance, and any Develop and dellver customized program plans and procedures, including a Communication Plan, an Initial reporting matrix with sample templates, and a Grant Mamagemervimplemematen Plan to establish a comprehensive, transparent Developlmodily document management and retention protocols to lay the foundation to create an audit-ready project Provide policy guldançe and operational templates (as needed) for key compliance considerations. such as procurement, financial management, labor standards, environmental clearance, and URA/acquisltion procedures. Revlew existing procurement policles and any project-related procurements performed to date (engineering, etc.), and offer advice where findings may Indicate a conflict with federal or state standards for eligibility, allowability. allocabllity, Develop compllance and monitoring policies and procedures to provide audit-ready flles using a risk-based, collaborative communication protocols, and next steps that comply with: state and federalr regulations. other relevant regulations or notices). operations road map. file. and cost reasonableness. strategy consistent with state/federal requirements. * Establish client and grant administrator access to FEMAGO. Project Kickoff Meeting and Agenda, Administrative Project Flle Checklist. Policy and Operational Guldance/Templates. Reporting Matrix, Database/Electronic Grant Management System, Project Startup Documents. BENEFITS TO DELTA COUNTY: and targeted recovery, DELIVERABLES: Project amagenervimpemenalon Plan, including Communication Plan andi Documept Management Plan. GrantWorks' experience In! FEMAI HMA and grant space enables the County tol be well-equipped to recover. GrantWorks' inge- nuity will provide the Countywith ongoing support, network development, and technological reporting to ensure an equitable PAGE 43ISECTION3-CAPACAPACTYTOPERFOEM PROPRIETARYRÇON:DENTALIGRANTWORKS.NC. DELTA COUNITKIEXASIOSASTER RECOVERY MANAGEMENT: MCEYPACNCSSNEA AGE 300 HAZARDMIIGATIONA ASSISTANCE PROGRAMI FUNDING SUPPORT MAMA WARD ROECT MENATION ANDI MONITORING SCHEDUEELT GODAYS OVERVIEW: GrantWorks' FEMAS services grant speclalists are experts inj project Implementation, financial management, recordkeeping, reparting, environmental clearance, ofp program Implementation. We use detalled document tracking. tractor coordination, audits support, and other federal grant management: requirements. compliance monitoring, engineer/ con- GrantWarks guides and assists with acquisition, contract closeout, and other aspects systems to ensure that projects stay ont track and comply with state and federal regulations. TASKS: Grant Administration Services: Technical Guidance and Compliance Monitoring: GrantWorks establishes pliant! Implementation of mltigation activities. Provide technical monitoring, Communlcation: Maintain regular contact with the project engineer, the local ed officials, staff, andt the public with regular updates. Recordkeeping and. Administration: Prepare start-up grant documents, forms, action. Review contracts for federal and: state grant compllance. Prepare Ing tol Requests for Information and other correspondence issued change orders when needed. Maintain contracts, files, Procurement: Coordinate witht the County Purchasing Department to curement, reporting, labor standards, auditing, and closeout procedures. Deliver grant-compliant technical document management, pro- and other parties. Schedule and coordinate. meetings with all; projectinterests, contact person, construction contractors, assistance to support the com- Including attending sitey visits and as necessary. Provide the County's elect- notices, and agenda items for review or forms, notices, agendas, etc. Assist Inr respond- by FEMA/TDEM. Submit. contract amendments and correspondence, etc., Inac digital document management: compliant procurement, protocols, bid package devel- meetings. system. contractor selection process. Assisty with Implementing: 2 CFR 200 arrange and document the engineer, architect, and Reporting: Prepare and upload quarterly progress reports (QPRS) and other updates as FEMA and TDEM Schedule and Budget Adherence: Track all dellverable deadlines and project milestones ressfor alignment with the project schedule. Valldate expenditures for Labor Standards: Certify payroll, as necessary, and: maintain documentation to: Environmental and Historlc Preservation Review (EHP): Monitor compliance with the National (NEPA) and provide ongoing support for any EHP requirements not satisfied Financlal Management: Perform Invoice processing and facilitate milestone Construction Oversight-Provide) project engineers with instructions and forms mation the state agency requires. Revlew plans, bid documents, and conformance with thes state contract. Evaluate construction opment, and contracting. require. objectives. Environmental Policy Act and oversee contractor prog- consistency with project goals and support complance. review and clearance documentation: following NEPA. during the: sub-application process. Process Invoices for program ellgibility and benchmark. conformance and confirm that payments for completed work. Revlew submittal andj payments and maintain audit-ready: inancial documentation quantities match contracts. Track invoice schedule, 20 CFR: 200, and state andt federal requirements. progress activities against the established budget, scope, Start-up Grant Documents, Forms, Notices, and Agendas. * Bid ackagesProcurements Documents of pay requests submitted to FEMATDEM. packet 5o they know up-front whati infor- change orders for compliance with regulations and DELIVERABLES: Engineer/Contractor Package Monthly Project Status Reports Quarterly Progress Reports (QPRS) Contract. Amendment Requests (f applicable) BENEFITS TO DELTA COUNTY: Requests for Rembuisementlnyolce Processing Requests for Information Responses Payroll Certifications (f applicable) GrantWorks staff willz use Lessons Learned and Best Management Practices-acquired aging federal and: state-funded, projects--andi information gathered during the kickoff through decades of experlence man- tallored processes and templates. The team willl lay ai foundation fors successful, and subsequent meetings to develop communicating effectivelys with the County. ANEIoAewNS timely projects by working closely with and SECTONS-CAPAOIVYTOR PERFORMIPAGE 49 DELTA COUNY,TK EI hISA TERRECOVERY MANAGEMENT SERVICES,FEMAPUBLICASSIANCEE PAGE3 HAZARD MITIGATION, SsMSReneEaNmeT FEMAHMARASEYPO AWARD) PPOJECTECLOSEOUTE B 60D OVERVIEW: GrantWorks staff! belleve projects should 'begin with the end in mind: This simple statement means we create policles and procedures that support a compliant operation anda a continuous closeout process throughout the life cycle, making final closeout steps routine and predictable. We bulld an audit-ready program from the beginning, structured for closeout, critical checkpolnt checklists and transparent: reporting. including TASKS: Continuous Closeout Practices: project. Work with FEMA/TDEM to resoive potential issues during the grant application process or Implementation of thet funded Perform internal reconciliation of records. Resolve any FEMA/TDEM: issues and concerns quickly and effectively. Attend any scheduled state ort federal audit visits. Maintain project records. Final Closeout Report: The Closeout report demonstrates that we fully Implemented the approved: scope of work, liquidated the obligated funds consistent with the scope of work, met all Environmental and Historic Preservation Review( (EHP) compliance grant condl- tions, submitted required quarterly financial and performance reports, and closed out the project following federal award and: sub-award provisions. Archive Records: DELIVERABLES: Archive hard copy and electronic files and maintain records. Final Requests for Reimbursement Final Acceptance of Work Program/Project Closeout Package Audit-Ready. Project Flles BENEFITS TO1 DELIA CQUNTY: Any Documentation Needed1 to Support the Audit Process The County willl benefit from GrantWorks' expertise Ini managing, monitoring, and controlling project processes and reports that comply with FEMAI HMA requirements. With the development of communications, templates, pollcles, and procedures, GrantWorks will provide the equipment tor make the County's FEMAI HMA program efficient, monitored, and controlled. Grant- Works will track each project fromi initial development through engineering design to Include the development of amend- ments In the event of scope changes, code and: standard considerations, and change orders. At eachs step, we will develop consideration for FEMA pollcy, costs, andi insurance relmbursement: fori inclusion Into the project file to ensure documentation isreadily avallable for amendments as necessary. The scope changes and amendments willt be processed using they project files and submittedwith tracking documentation included tol FEMA: and TDEM. PAGE SOISECTON3-CAPACIY TOT PERFORM PROPREVAP/ACONFDENTALIGPAMTORSING 50 e I - aA # "MRF VOLTT PAGE 303 D D 0 0 0 D D D D D D D D D 0 0 D 0 D - Ri H has DELTA cahnns-IussthERMANAGENENI EReESMARNICASNatL RAGE304 AcXmeoNAsésNare-wswsrpe SECTION 4- PROPOSED COST OF SERVICES 4.1 Cost of Services GrantWorks is pleased to present the: following râte schedule in Figure 15. Thèse rates will to both FEMA Public Assistahce apd FEMA Hazard Mitigation Assistance support. apply Figure 15: Schedule of HourlyRates, Remote and On. Site. LABOR CATEGORY HOURLY RATE,- REMOTE $250.00 $160,00 $195.00 $145.00 $125.00 $115.00 $115.00 $140.00 $120.00 HOURLY RATE-FULLY BURDENED (INÇLUDING TRAVEL) $284.00 $194.00 $229.00. $179.00 $159.00 $149.00 $149.00 $174.00 $154.00 Principal Project Manager Subjéct Matter Expert Senior Grant Specialist Grant Specialist Junior Grant Specialist Application Specialist Senlor Planner Planner Aspart ofthe procurement process, administrators must disclose and certify the profit perçèntage for professional admmistrative service costs over: $50,000. GrantWorks' éxpected above-referenced fee. based oR the company's2019 gross revenue and net profit. profit. s 6,19ofthe The proposed pre-award fees in Figure 16 below: are established based on-the complexity of each project type which may result in either a non-phase br phased project. Mitigation coristruction or drain- be awarded- as Phase 1anid, Phase 2 projects. Post-award fees will be constructign; based on the howeyer, they may Feess shown do not include- costs for services that must be furnishéd by a third-party proféssional, including but not limited to an accountant, appraiset, archaeplogist, architect, attorney, or other natural scientist, éngineer, historic preservationist, ot surveyor. Figure 16: ScheduleofHourly Rates, Remove and, OnSite 4.1.1 Hazard Mitigation Assistance Cost Structure age projects may be submitted. under one application for design and U3 8 under Phase1 and: Phase 2 ofthese projècts. obligated amounts auditor, biologist, PROJECT ACTIVITY Drainage Plans/Studies Public nlormation/Miligation/ Outreach Generators Warning'Sirens PROPOSED PRE-AWARD COST( ($). PROPOSED. POST-AWARD COST ($) $3,500 $3,500 $4,000 5% of grant and match amounts ofgraht and match amounts 5% ofgrant and match amounts 5%. $3,500 + $500 per generator for BCA 5% ofgrant and matçh amounts 3 GRANTWORKS, INC.I AOPAEABYACONPDENTAL SEÇTION4- - PROPOSÈD COST OF SERVICESIPAGE 51 DELTA COUNTY,TEX. 45JHASIER: ECOVERYMANAGEMENTE SERVICES,FEMAPUELIASSISTANCER AG HAZARDI MITIGATION ASSISTANCE! PROGRAMI FUNDINGSUPPORT PROJECT ACTIVITY Mitigation Construction: & Drainage: PROPOSED PRE-AWARD COST (S) PROPOSED) POST-AWARD COST ($) Under $500,000 $500,000 to $2 million Over $2 milliom $6,000 +$3,500 BÇA $8,000 + $3,500E BCA $10,000- + $3,500. BCA $7,500 + $3,500 BCA $899 per structure 5%of grant andmatchaniognis 5%of grant andimatchramounts 5% of grant and match amoynts 5% of grant and match amounts 5% of grant and match amounts Safe Room Structure Acquslion/Demoltionk Evaluation and Reconstruction Pre-Award Costs Proposed pre-award fees are set in combination with post-award services and are only applicable to executed contracts; including pre- arid post-award services. Pre-award services include completing the preliminary Envirormental and Historic Prèservation Review (EHP). An-engineer will complete the EHP GrantWorks will bill pre-awardservices fees upon grant applcationsubmision tothe State. GrantWorks will assist Delta County in requesting reimbursement oft the pre-award services fee from the State ifthe projectisfunded, though relimbursement cannot be guaranteed. Wewill not charge post-award fees unless a grànt award is madé to Delta County. lfthe application is not seléçteg for funding in this grant, we will resubmit it in the next available furding opportunity at no charge.Any adontalsobmisionsala Reviews under post-award: serviçes, ifapplicàble. B previous projectwilll be $1,000 per application. Post-Award Costs GrantWorks will blil post-award services fees oh the hourly rate schedule in Figure 15 above as work is completed based ont the project type and corfesponding scope of servicés, We may also bill extraor-. dinary and unexpected services outside the standard scope of services as additional serviçes with the same hourly table. Additional services will be performed following approval by! both GrantWorks and the client, These additional. services mayi jnclude but are not limited to amendment processing, informal environmental teview, forçe account documentation, and extensive real property acquisition (initiating URAI requirements, coordinating appraisals and surveys, filing documents, etc.). GrantWorks covers fees associated with civil rights/fair housing advertisements, final publiçhéaring, and intial environthentàl review services. 4.1.2 Reimbursement Eligibility FEMA PA, HMGP, BRIC, ànd FMA progràms àre eligible for reimbursement at 100% fedefalfunding based on actural costs incurred, up. to 5% of the total award amount, per provision Section 1215 of the Disaster Recovery Reform. Act of 2018. Management costs in excess of 59 will be out-of-pocket expènsès and will not be eligible' forr reimbursementi unless, specific to the HMA grants, they are approved as part oft the 4.1.3 Mitigation Projects,- Property. Aqustion/structure Demolition, Elevation, and Should Deltà County decide to pursue funding for property arquislton,struchure demo-lition. elevation, andorreconstruction, GrantWorks is happy to negotiate the cost and scope of servyices before the; final non-federal match by FEMA. Reconstruction selection based on the number of households served. PAGE SZISECTON4-PROPOSED COST ofs SERVICES. OPRETABTACONPOENTALICRATIORS DBACOUNIKTEXASIUSASTARRECOVERA MANAGEMENT SMAIEPARUBNCASSAS AGE306 AZARDMIIGAVON, ASSISTANCE EROAAFLRONGSPN. STRUCTURE ELEVATION Pre-Award Services: $899* per: structure Post Award Management. Services:. 5% of the totàl projèct cost. The 5% manragement fee willl Include the cost. of pre-award services to dévelop grant applications and is covered at 1Q0% for HMGP. Additionally there is a per-parcel fee of 3% for additional items outside project mahagement, such as propervyyertrication. supplemental property management, property financial examinations, milestone inspections, assist. correç-tive action Implementation, monitoring. and reporting, windstarm verification, insurance liaising, etc. This is partofthe project cost and is covered at 75%. PROPERTY. ACQUISITION/ANDSTRUCTURE DEMOLITION Pre-Award Seryices: $899" per structure Post Award Management Services: 5% of the total project cost. The 5% management fee will in"- clude the cost of pre-award services to develop grant applications and is covered at 100% for HMGP. Additionally, there is: a per-parcel fee of 3%: for additional items outside project management, such as properlyyerfication, supplemental property management, property financial examinations, milestone iospections, assist corrective action mplementation, monitoring and reporting, windstorm verification, * 0 0 G insurance liaising, etc. This is part oft the project cost and is çovered at 75%. 4.2 Affirmative Action GrantWorks performs all selvices on behalf of] local governments without regard to race, national origin, religion, color, sex, age, familial status, or disability. 4.3 Equal Employment Opportunity GrantWorks does not discriminate in employment opportunities and complies with alli federal, state, and loçal laws. @ 1 0 8 GBANTAORASINCIPROPNEBYECONPDEMTAL SECU9N4-PROPOSED COST OF SERVICESIPAGE 53 905 3A5 DELTA COUNTY,TE KIJFASIER AEcoVEvkawcwENSs EACEYAREKeeN AGE3 D XMOMICANANAESINCEReE 6 ** PAGE 415ECTION4-PROPOSEDGOST: OF SERVICÈS FROPREAIVACPAPDENIALISRANTHOAESNC #- cIAN wT-wS 5331A13S40.1505 GB50.0N-PNOLD3SI8 39V4 3 * 'grs 0 Odans! 9NIGNI-WVADONA: EAXSSYAONCONNGAVAN o AAESATENMSSEANT INEWE9VNMW. AUSAOD3E EFISVI S XL AINNODVIEG J.Ems. d.Vs. DELTA COUNTV-TEXASIDSASTEKRECOVERYMANAGEMENTSERVICES,FEMAPUBLICASSTANCER. AGE310 AZAPMITIECATIONASSIANCEPAOGANMENDNGSUPPOR: ATTACHMENT 1- RESUMES OF KEY PERSONNEL GrantWorks has provided.resumes for thet following key personnel. Timothy Munk, Project Manager- -F Public Assistance. Carolina Castre, Project Manager- - Hazard Mitigation Vincent Gradney, Sénior Grant Specialist-F Public. Assitance Joséph Bèrhmah, Grant Specialist- - Public. Assisfance Lynne Storz, Grant Specialist- t-Public Assistance Gary LaForge, PE, Senior Grant: Specialist- - Public Assistance Ashley Hebert, El, CFM, CGM, Sehior Grant Specialist i- Hazard Mitigation Sandra Simonson, Senior Grant Specialist-Hzard Mitigation Rachel Andrews, PE, CFM, Graht Specialist-- Hazard Mitigation Patriçk Kelley, CBCP, Grants Specialist- t-Hazard Mitigation Maria Bedia, Appliçation: Specialist Aeli Gonzalez-Sladstein, Hazard Mitigatjon Plariner Natalie Johnson, Hazard Mitigation Plariner Valarie Philipp, PE, Priricipal 0 E B 3 GRANTWORKS.NC.I RCPRELARACONEPENTAL ATTACHMENT1- RESUMES OF KEYE PERSONNEL! IPAGE 55 D DELTACOUNTY-TEMAS/bPASIEKRECOVERYMANAGEMENT: SERVICES: FEMA PUBLIC. ASSISTANCE& PAGE3 HAZARD MITIGATIONASSISTANCEPAOGRAMEUNDINGSUPPORT PAGE 561ATTACHMENTI-BESUMES OFKEYPERSONNEL PROPRIETARYECONFPENTALISRANTWORAS,NC. DELTA COUNTYTEXASIDSASTERRECVER/MANACEMENTSERVACES: FEMAI PUBLICASS TANCE& AGE 312 RAZABDAITCAIONASSSTANCEPROGVAT FUNDINGSUPEORT VALARIE PHILIPP, PE PRINCIPAL PROFESSIONAL QUALIFICATIONS Valarie Philipp's mission is; to lead, corisult, and: provide expertise to governmental entitiesthrough the cycle of emergency preparedness, response, recovery, and mitigation to: secure successful recovery from disaster events. and ensure resilience inj the future. She has more than 20 years ofe experience supporting clients through the FEMAC djsaster recoyeryprocess. and she has managed more than FEMA DISASTER. RECOVERY $780 milljon in FEMAPublic: Assistance projects since 2017. Valarie EXPERIENCE isal licensed erigineer, registered. in Florida ang Georgia. She earned merMasterofinghneering, degree from the University of Florida. VICE PRESIDENT OF DISASTER RECOVERYPROGRAMS, GRANTWORKS, INC., PALM CITY,FLORIDA, AUGUST 2023- B B 6 20 YEARS COMPANY GrantWorks, Ihc. EDUCATION Master of Engineering, Structural Engineering, University of Florida, Galnesville, Florida, 1997 RELEVANT EXPERIENCE PRESENT contracts, Valarie manages GrantWorks' Public Assistance project management Bachelor of Sclence, Civi! Engineering, team and provides expert leadership and guidance for various FEMA 1996 University of Florida, Gainsville, Florida, I 1 HIGHLIGHTS Five years as Associate Managing Director (2.5 years as Acting Practice Lead for FEMAI Recovery) Disaster Recovery Coordinator ASSOCIATE MANAGING DIRECTOR, WITT O'BRIEN'S, LLC, PALM CITY, FLORIDA, FEBRUARY: 2018 - JUNE: 2023 Valarie was the management: and operations lead forr most FEMA ing in 14 states within FEMA Regions 1, II,IV,VI, VII, IX, and: X. She Public. Assistance. grant recovery efforts Int the continental US, work- Nine years as Project Manager of managed 55 projèçts, with 14 staff members supporting client efforts Three years! State Publlc Assistance to recover disaster funding fhrough the-FEMAprocess due to mul- Two years FEMA TAC Public Assistance flood Event and the COVID=19 Pandemic. Her tasks Include proposal FEMAF Public. Assistance, 200+ for FEMA tiple djsaster occurrences dating baçkt to 2016 including Hurricanes Coordinator Matthew, Irma, Darian, Isaias, lan, Nicole, the 2023 South' Florida development, managing accounts receivable, and upkeep of client Debris Monitaring contract renewals. and extensions for the entire practice. ACTINGI PRACTICELEAD, FEMA PUBLIG ASSISTANGE DIVISION, WITT O'BRIEN'S LLG, PALM CITY, FLORIDA, APRIL 2019 - Recovery: space during this period. She was responsible for main- taining and expariding client revenue, staffing projects, managing personnel time andexpense, maintaihing low accounts receivable to garner morê work, partiçipating in client outreachvia business developmenit: and conference opportunities, reporting TO-execu- tive leadership, and budget planning for future practice. endeavors. Managed an average of! 5-25: staff for Familiar with state, county, and clty government, healthcare, education, and private nonprofits Skliled in the FEMA Grants Portal and EMGrants State platforms REGISTRATIONS Registered Professional Engineer, Civit Engineering, Florida Reglstered Professional Engineer, Civil OCTOBER 2021 Valarie-served as the. Acting Practice Lead for the Public. Government CERTIFICATIONS balahce, supporting client contraçting, developing quality proposals Engineering, Georgla GRANTWORKS, MCIPONTARACOFTRDNAL ATTAGHMENT1-, RESUMES OF) KEY PERSONNELIPAGE 57 5 DELTA COUNIKTEASb-ASIE: RECOVERY,MANAGEMENT: MGEIACLNSASNSSN PAGE.313 HAZARD. MITIGATION ASSSTANCEPROGRAME FUNDINGSUPPORT Valarie obtained client task bookings for future revenue from mid-2019 through the end of 2021, exceeding $12 million, $6 million, and $3 million annually, respectively PROJECT MANAGER, FEMA PUBLIC ASSISTANCE, WITT O'BRIEN'SLLG, PALMCITY, Valarie managedvartoys South Florida clients still recovering from the 2004-20051 Hurrjcanes Charley, Frances, Jeanne, Katrina, and' Wilma, as well as the 2016 Hurricane Matthewand 2017 Hurricane Irma. She was responsible for staff oversight and participated in work product dellvery,including new! versions of Project Worksheets, Time Extensions, Reimbursement Requests, Appeals; Closeouts, and genéral grant management functions such as quarterly reports and client project and: financial status reporting. Additionally, Valarie-was responsible for Project Managemént duties for ten mdividual Disaster Debris Monitoring projects in, Broward and Palm Beach Counties in response to1 the 2017 Hurricane Irma. Tasks included client management, staffing projects, training moritors in the field, Invoicing, daily PUBLIC. ASSISTANÇE COORDINATOR, FEMA PUBLIC. ASSISTANCE, WITT O'BRIEN'S LLC, MIAMI, Valarie worked as the leàd Public Assistarice Coordinator for TDEM, responsible for recovery efforts Inj Miami-Dade County, which ihcluded 218 muniçipal and private nonprofit orgarizatigns applying for more than $560 million int federal funds related to Hurricanes Katrina and Wilma. She oversaw Public Assistance program activities for six State of Florida declared disasters, which impacted the Miami metro TECHNICAL ASSISTANCE CONTRACTOR (TAC) ATCS, PLC (FEMA: SUB. TO FLOUR), FLORIDA, 2004- Valarie was a FEMA Technical Assistance Contractor (TAC) from 2004-2006, underthe Flour disaster cadre, performing various tasksto support disasterr recovery in South Florida. She assisted Palm Beàch County's response to Hurricanes Frances and. Jeanne, including btlding damage assessments, cost estimating, Project Worksheets (PWs) development, and managing assessment teams. She also assisted Miami-Dade and Broward Counties following Hurricanes Katrina and Wilma serying as the Deputy Public Assistance Coordinator (PAC) for debris opérations for Katrina to détermine debris eligibjlity, managed ten debris specialists, and performed QA/QCto help resolve special projects for both disasters. FLORIDA, APRIL 2009 - OGTOBER 2018 reporting of operations, and issue resolution. FLORIDA, MAY 2006 - MARCH 2009 area in 2004 and 2005. 2006 EMPLOYMENT HISTORY 2023-Present October 2021 October 2018 Vice President of Public. Assistance, FEMA Services, GranfWorks, Inc., Paim Cily, Florida, August Associate Managing Director, Witt O'Brien's LLC, Palm City, Florida, February 2018 : June 2023 Acting Practice Lead, FEMA Public. Assistance, Witt O'Brien's! LLC, Palm City, Florida, April 2019 - Project Manager, FEMA Public Assistance, Witt O'Brien's LLG, Palm City, Florida, April 2009 - Public Assistance Coordinator, Witt O'Brien's LLC, Miami, Florida, May 2006- - March 2009 Techmical Assistance Contractor (TAC) ATCS, PLC (FEMA sub to Flour), Forida,2004-2006 Structural Engineey, Wiss, Janney, Elstner Associates, Atlanta, Georgia, 1997-2004 PAGE SBIATTACHMENTT-RESUMESOFKEY PERSONNEL PROPRIETARY & CONFIDENTIAL LIGRANTWORKS.,INC. BAMACQUNKEASOGERECOGAMAMSeANE HACETPARANCASSXN RAGE314 HAZARD! MITIGATION ASSISTANCE PROGRAM. FUNDING: SUPPORT TMOTHY MUNK PROJECT MANAGER - PUBLIC. ASSISTANCE PROFESSIONAL QUALIFICATIONS Tim Munk is Director pf Publjc. Assistance, with 19 years working on FEMA Public. Assistarice and Hazard Mitigation Assistance programs, and overi four decades of engineering. and construction experience. He has prepared and overseen the preparation of project work- In: all categories ofwork. Tim has worked with local, county, national guard, and nonprofit organization. He has prepared over Tim has extensive construction, and repair, utilities, HVACsystems, water and wastèwater treatment, and roadway repair experience. Hel has written plans, evaluated risks, and conducted exercises for local counties and jurisdictions in Texas, Louisiana, Massachusetts, Colorado, Oklahoma, California, and Puerto Rico. Tim excels in pro- viding comprehensive all-hazard planning: services in FEMA Public Assistance disaster recovery phases. He has a vast knowledge oft federa! regulations, palicies, and laws applicable tot the Public He has served as at report specialist, deputy PAC, program analyst, extensive work on the. Alternate and Improved Projects team for B sheets 19 YEARS and state government entities, including road departments, utilities, FEMAI PUBLIC ASSISTANCEAND school boards, local and state. police and fire departments, and the MITIGATION EXPERIENCE COMPANY GrantWorks, Inc, EDUCATION Bachelor of Science, Mechanical Engineering, Beaumont, Texas, Lamar 1980 University, HIGHLIGHTS Extensive program knowledgé oft the Stafford Act, 44 CFR,2.CFR,SRIA Legislation, PAAP programs, PAPPG, and others. CERTIFICATIONS/ Certified FEMAI Project Specialist 250 project worksheets. a Assistance program, ihcluding the new PA Delivery Model. and closeout specialist for several disasters nationwide. He has done REGISTRATIONS Hurricane Katrina, flooding in Oklahoma, and the devastating floods PAOFESIONALAFPRLATONS in Colorado in: 20131 to repair roads and utilities. He coordinated facili- FEMA University Courses, including: ty flooding and wind damage efforts in North Dakota, Massachusetts, Introductionto the Public Assistance and Texas. Process Public Assistance Operations introductiont tol Debris Operations PAOPSI Cost Estimating Format Introduction tot the Incident Command RELEVANT EXPERIENCE DIRECTOR OF PUBLIC. ASSISTANCE, FEMA SERVICES, GRANT- WORKS, INC., HOUSTON, TEXAS, OCTOBER 2020-PRESENT Tlm coordinates the FEMA Public Assistance Program providing out Texas. He assists local communities in applying for and Imple- menting funding for repairing infrastructure damaged by disasters, including roads, bridges, hospitals, schools, and water treatment facilities. Projects under his management. include: Project Manager, FEMA PA, City of Patton Village, Patton Village, Texas, January 2021-. January 2022 This project includes the restoration oft the roadway base. and: surfac- es fort the Cily, including the design, procurement, and construction oft four miles ofr roadway for $1.4 million in construction costs. technical assistance support for disaster-related operations through- System System, National Incident Management GRANTWORKS, INC. PROPRIETARY &OONFIDENTIAL ATTACHMENT1- RESUMES! OF) KEYPERSONNELIPAGE 59 DELTA COUNIKTE-S.EAS,EARECOXEYAGANCEMENTEMCEACMANVAFUBUCASSESTANCEE AGE a AAROMAIGATCNASSIANCEFAOSAMIPUNCANS SUPPORT Project Manager, FEMA PA Texas Severe' Winter Storms, Texas Statewide, February 2021 Tim assists GrantWorks clients with the winter. storms experienced during thé winter of 2021. The coordination includes helping clients identify FEMA categories of work they may be eligible for during the preliminary. damagé assessment phase ofthe disaster arig how to apply for assistance PROJECTSPECIALIST/PA COORDINATOR (PAC), HEALTH. AND SOCIAL SERVICES (HSS) TEAM, INTEGRATED SOLUTIONS CONSULTING (ISCV/AECOM, PUERTO RICO, APRIL 2018 - APRIL. 2019 Tim was assigned. to the health and human services sector and supportedther mental health facilities. He coordinated with local, state, and federal agencies, completed damage assessments, çompiled an Initial project list, and developed preliminary. cost estimates. Tim evaluated situational criteria and provided determinations based on existing polcles/reguations. He addressed special considerations, and tem- porary facilities, identified hazard mitigation opportunities, and formulated projects aligned with the PA program.Tim: served as Interim Lead/PAC in months of absence with ho assigned lead. CONSUITANTPROECT SPECIALIST/CLOSEOUT SPECIALIST, INTEGRATED SOLUTIONS CONSULT ING (ISCIAECOM RECOVERY, CALIFORNIA,AND TEXAS, DECEMBER 2015 - MONTH. 2017 2017 Floods, Alameda, and Santa Clara Counties, California: Tim was a consultant with Integrated Solutions Consulting (SC) and prepared local emergency response preparedness plans, mitigation, and recovery efforts. ISC deployed Tim to. Alameda County and Santa Clara County following flooding in Closeout Program Delivery Support, City of Denton, Texas: ISC/AECOM Recovery deployed Tim to May 2021 through state agencies and FEMA. 2017, He wrote project worksheets totaling $100 million. Denton CRC and provided closeout program delivery support. EMPLOYMENT HISTORY F Present Director of Public Assistance, FEMA Services, GrantWorks, Inc., Houston, Texas, October 2020 Project Specialist/PAC, Integrated Solutions Consulting (ISC)/AECOM Recovery, City, Puerto Rico;. CMnoAISaNON Specialist, Integrated Solutions Consulting (ISC)/AECOM Financial and Disaster Specialist, Leidos/Tetra Tech, Norman, Oklahoma, and Boulder County, ndepencent-Consuten, TBD Servjces; Melbourne, Florida, June 2009 - October 2013 Project Manager, Giobal Contingency & Emergency Management Services' Diyision, IAP Worldwide Services, Inc., Mejbourne, Florida, September 2005- - September 2008 April 2018 = AprL2019 Recovery, California and Texas, December 2015- - Month 2017 Colorado, January 2014-1 December 2015 PAGE GOIATACENTI-RELNES: OF KEYPERSONNEL PROPRETARYACONPDENTIALIGRATMORSRC DELTA COUNTY,TEXASIDISASTERECVERYAAGEMENTSENICERVICES.FEMAPUBLICG ASSISTANCER PAGEA316 HAZARDMITIGATION, ASSTANCEPROGEAMFUNDINGSUPORT CAROLINA CASTRO PROJECT MANAGER - HAZARD MITIGATION PROFESSIONAL QUALIFICATIONS I Carolina "Carly" Castro joined GrantWorks as a Hazard Mitigation Project Managerin! February 2019 and wàs named Diréctor of Hazard Mitigation in May: 2023. Carly has extensive experience developing hazard mitigation applications and working with communities to: manage therapproved mitigation projécts. Asa Project Manager, she facilitates conversations between stakeholders, techniçal professionàls, arid state and federal community representatives to identifytheir needs and suitable paths through available hazard mitigation assistance programs. DIRECTOR OF HAZARD MITIGATION/SENIOR HAZARD MITIGATION PROJECT MANBEUAALANDATSATON Bypreparing finàncialand quayterly status reports, Carly tracks technical and financial proectrequirements to complywith the tance. grant applications and budgets based on locality. objectives 10 YEARS PROJECTI MANAGEMENT COMPANY GrantWorks, Inc, EDUCATION She agents. 4 D @ works with EXPERIENCE RELEVANT EXPERIENCE Bachelor of Sclence, Bloenvironmental PROJECT Sclences, Texas A&MI University, College MANAGER, GRANTWORKS, INC., AUSTIN, TEXAS, AUGUST 2019 - Station, Texas, May: 2014 PRESENT HIGHLIGHTS Expertise In adhering to strict project stakeholder outreach TDEM and FEMA regulations. She develops hazard mitigation assis- deadlines, planning processes, faciltating and hultijurisdictional conducting and needs. Specifically; Carly works on critical facility generators and Creates hazard risk assessments and hazard mitigation plans with experiencer with hurricane-safe rooms mitigalion action: strategies and facility hardening/ retrofits. She also reviews contracts, propos- TRAINING als, procurement. documentation, and thé professional qualifications 40-Hour Hàzardous Waste Operations of selected bjdders, Carly also preparés the scope ofwork modifi- cation documentation.and associated vionmenlelassessment for - Present B B 5 - 5 D B 0 L and Emérgency Response, July 2014 38-Hour U.S. Ariy Corps of Engineers Wetland Delineation' Training Program, agencyreview. ASSISTANT PROJECT MANAGER/SENIOR TRILEAF CORPORATION, AUSTIN, TEXAS, SEPTEMBER 2016- JULY: 2019 AND FEBRUARY: 2019 - JULY2 2019 Carly managed projects from project initlation, budget develop- ment, milestone tracking, review of purchase. orders, and closure documentation. To açhieve compljance and project resolution, she communiçated client goals, interests, and positions in negotiation wwith participating agencies, organizations, or interested parties, She deyelopedthe: scope of Work for prajects, including agency consul- tation requreménts, timeliné forecasting, milestone completion, and contingency planning. Carly collaborated across multiple internal and exterhal stakeholder. organizations to maintain timelines or adjust projected completion dates"f "for Various ongoing projects. She. sup- ported multiple active ptojects at different lifecycle stages tbrough- out lfs expanding southwest territory and prepared weékly project PROJECT MANAGER, February 2017 GRANTWORKS,NC. ROPREARTACOAFDENTLL ATACHMENTI-RESUMESOF KEY PERSONNEL IPAGE 61 DELTA COUNTY,TKEI ISAS STE eTeANTEESNAAIRABE HAZARDI SAEMASAACEFRCCNN FUNDINGSUPPORT summary trackers for client distribution. Carly provided quality assurance (GA)-reviews.of the National Environmental Policy Act (NEPA) deliverables and Phasel 1 Environmental Site. Assessments (ESA/following ASTM E1527-13.. She prepared standard operating procedures and training documehts to Streàmline: tasks ànd deliverables-and mertgred staff through Individu- PROJECT SCIENTIST, TRILEAF CORPORATION, AUSTIN, TEXAS, SEPTEMBER 2014- AUGUST 2016 Carly conducted research, performed analyses, and interpreted environmental data for NEPA investi- gations to complete Envronmental Assessments: and ESA reports.. She prepared Categorical Exclusion documentation for environmentaland communitylmpacts oft telecommunications proects.folgwing the Federal Commurications Commission requirements. She also evaluated project: sites for potential wetland indicators and habitats associated with state and federally listed threaténed er endangered species protected by the. Endangered Species Act. Carly coordinated with landowners,vendors, 'and laboratories to complete Phase n8 ESA to assess. soil, groundwater, andsoil-vapor samples-for contaminants. She conducted site reconnaissance to develop a profile and evaluated sites for potential sources of.contarindrits. Carlyperformed migratory bird evauationsto mgnjtor projèct compliance with the Migratory Bird TreatiyAct. She consulted municipal, state, ànd CeagedRirg, and altraining, training materials, and QA réviews. permitting requirements. EMPLOYMENT HISTORY Director of Hazard Mitigation, FEMA Services, GrantWorks, Inc., Austin Texas, April 2023 - Present Senior Project Manager, FEMA: Services; GrantWorks, Inc. Austin, Texas, May 2022 - Apri12023 Hazard Mitigation Project Manager, FEMA Services, GrantWorks,nc. Austin, Texas, Augost: 2019- Senior Projeçt Manager, Trileaf Corporation, Austin, Texas, February 2019 - July 2019 Assistant Project Manager, Trileaf Corporation, Austin, Texas, Sepfember. 2016- July 2019 Project.Scientist, Trileaf Corporation, Austin, Texas, September. 2014. - August 2016 May 2022 PAGE 52'ATTACHMENTI-RESUMESOFI KEY PERSONNEL AOPAEAR/ACONPDENTALIGPAMTMORS.NC DELTACOUNIYTEXASIUSASTERRECOVERYMANACEMAENTSENTSERVICESFPMAPUEHICASSISTANCER MAOMTPNCAASNEIRVCMARASNGSIRCNT VINCENT GRADNEY SENIOR GRANT SPECIALIST-PUBLIC ASSISTANÇE Vincent Gradhey has six years of expegience as a FEMA contractor for clients regarding FEMACOVID-19 grants and disaster cost recov- ery programs, disaster site assessments, grant recovery. operations, FEMAeligibility and pollcy reviews, mitigation and resiliency pro- management. Vincent is a Senior Inspector for site inspections, assessments, technical analysis reports, hazard mitigâtion, grant writing, and proposal management: for critical infrastructure, facilities, municipalties, roads,aid utilitjes. He provides expert reviews, analysis, and SoWvalidation ofe eligible damages per FEMA Public Assistance Policy Guidelinés. He also provides in-depth research and delivers viable solutions to difficult disaster projects. PROFESSIONAL QUALIFICATIONS grams appliçation, and recovery program delivery and grant project 6) YEARS FEMA DISASTER RECOVERY EXPERIENCE COMPANY GrantWorks, Inc. EDUCATION Bachelor of Business Administration, ManegemenuMarketing. Texas Southern University, Houston, Texas, 1996 Commissloned Officer, Air National Guard. Academy of Military Science, RELEVANT EXPERIENGE FEMA PA SITE INSPECTOR, FEMA/SERCO CONTRACTOR, TELESFORO CONSULTING, SEPTEMBER 2023 - PRESENT Vincent is a seasgned! technical analyst for FEMA Site Inspection and McGhee Tyson, Tennessee, 1997 Grant Management Programs. Vincent performs extensive research HIGHLIGHTS and analysis-for: site assessments and develops comprehensive re- Senlor Inspector for site inspections, ports to. identify eligible danages under FEMA. Program Guidelines. assessments, technical analysis reports, He leads. validation efforts with applicants and partner agencies. He hazard milgation,grant wilting, and also conducts engineering, project design, and cost estimate reviewis proposal jnfrastructure, management [or critical to facilitate the application. of thé FEMA Public. Assistance Policy for roads, dndy yilities. fagiitlés, mynitipaliles, grant submission. Lead Inspeçtor for a lagging $12M Industrial Roofing Project. Orgahized and executed multi-agency collaborative effort with clients to facilitate validation and documentation of eligible Provides in-deptht technical review, analysis, and re-work of lan- guishing infrastructure damages impacting myltiple government entities and school systems - Reducéd outstanding Inspectioni Serves as a: Subjegt Matter Expert providing. leadership, training, and continuity to assist other Site Inspection Teams In FEMA Public Assistance Policy, Proçedures, and Methods to execute DISASTER RECOVERY SPECIALIST, FEMA PUBLIC ASSISTANCE, WITT O'BRIEN'S LLC, DECEMBER 2022-F PRESENT Vincent is a consuitant to clients' Disaster Program Management & Cost Recovery Teams as well as a key Advisor to clients on project formulation and. recovery processes. He validates eligible costs TRAINING FEMA Development: Serviçes (25+ 2015-2021 Courses), Varjous Localions, Texas, damages on 50+ structures. requiremients by 70%. the Federal Grant Progràm. GRANTWORKS,ING.; PROPRIETARY; & CONFIDENTIAL ATTACHMENT1- RESUMES OFKEY PERSONNELIPAGE 63 DELTAI COUNTYTIaE "SALTEXRECOVERYM AMNTERGUMESAGPS1 HAZARD MITIGATION, ASSISTANCEI PROGRAM! EUNDING! SUPPORT according to FEMAPublic-Asiatance guidelines. Vincent conducts analytical reviews of disaster operational expenditures, contracts, labor, and supporting documentation. Provides project mamagementoversigh: and exècutes. strategies for ProjectWarksheet formulation and Lead Consultant for City of Venice Florida's $14M Hurricane lan Disaster Recovery Operations. Advises clieht on FEMA Public. Assistance eligibllity requirements, conducts. Grants Portal Management, and performs: comprehensive reyiews, formulation, and submission of projects for Conducted comprenensiverevew, tinalysis, and submission of Suffolk Coûhty, New" "Yorkls $52.6M COMID-19 Vaccine Project Formulation and Expense Recovery Operations.- documented and reported. Vaccine Strategy, Community Engagement, and Distribution Objectives in FEMA's. Equitable PROJECT RECOVERY MANAGER, CONTRACTOR, HAGERTY CONSULTING, NOVEMBER 2021-1 MAY Vincent is a consultant to Austin Public Health's Financial Managemert & Cost Reçovery Leads. He adyised the client on à $30M Ini COVID-19 project formulation and recovery. Vincent facilitated the validation of eligible costs to. FEMA Public Assistance guidelines.He also researched and analyzed.cosis regarding force account labor, invoicing, çontracts, and procurement, provided projectmanagement. and Recommended process improvements to Timesheet & Activity! Logs, QA/QC prôcessés,and reporting 1 Advised client on constraints, limiting factors, and resourçes heeded to mèet project Introduced strategies, tools, and reports used to solicit coopèration and increase départmental production - Reçommended courses of action used by financial managers to mèet City of-Austin GUIDEHOUSE FEMA SENIOR DISASTER PROJECT CONSULTANT CONTRACTOR, GREEN KEY Vincent served. asia Disasfer Response and Recovery expert, proyiding FEMA Program Policyand Guidance consullation to COVD-19 Récoveéry operations for all facets of Cook-County, lllinojs, $99.2M response. efforts. He performed Project Workbook collection, devélopment, analysis, reconciliation, and validation of eligible expenses for submission on behalf of the client. He also çonducted validation and Led and condycted. extehsive federal policy reviews, research, and analysis, and formulated. responses to FEMA-generated Request for Information on six key cases defènding eligible Performed. coilection, revlew, and reconciliation of labor/non-labor invoices and validation of reimbufsable expenses for Project Workbook development on ten projects forsubmission-gtt Ptiblic FEMA. Category B. Expert- - provided: advancedtechnical assistance and documentation: requirements on eligibility determinations and recommendations for 56 çàses regarding eligible- submissions. recoveryof disaster-related expenses. Vaccine Report 2022 oversight for priorities: land deliverables, and resolved project performarice issuès, timelines. recovery objectives. RESOURCES, MARCH2021 : AUGUST 2021 eligibility determinations for labor and non-labor COVID-19 Operations Expenses. vaccination expenses on behalf of the client. Assistahce fundirig. vaccination operational expenses. .PAGE GAIATACAMENTI-RELNES OFKEYPERSONNEL PROPBEAB/ECONPDETAAIGRANTMONSINE AL PAGE320 DELTAC COUNTY,TEXASIDIEATERRECOVERY MANAGEMENT SERVICES-FEMAPUENCASSISTANCEE MAZAROMATIGAIONASSIANCEPMOGRANI FUNDING: SUPPORT GARY LAFORGE, PE SENIOR GRANT SPECIALST-PUBLIC ASSISTANCE GaryLaForge has seived as al FEMAI Public. Assistance Consultant forthe City of TroyAlabama, and has supported FEMA: response to a wide variety of djsasters including Hurricanes Ike, Gustav, Rita, PROFESSIONAL QUALIFICATIONS 8 Katrina, Florence, Sally, Irma, and Maria. RELEVANT EXPERIENCE ILLINOIS, JULY 2006- - PRESENT 19 YEARS FEMA DISASTER RESPONSE AND SENIOR PROJECT MANAGER, LAFORGE & ASSOCIATES, LINCOLN, RECOVERY EXPERIENCE Provides training. in the areas of water, wastewater, stormwater and NPDES compliance and inspection, planning for watershed Public Assistance Program for Hurricanes Ike, Gustav, Rita, Katrina, Florence, Sally, Irma & Maria recovery (both Project Specialist and COMPANY GrantWorks, Igc. improvements and floodplain management. Utilizes his expertise as EDUCATION a Consultant to the Federal Emergency Management, Agency in the Bachelor of Arts, Agricultural 3 PA 3 a Engineering, University of Ilinojs, Champaign-Urbana, Illinois Bachelor ofAris,A Agricultural Sciences, Public Assistance Coordinatar positions). Contracted the Public Assistance Program from: the Cityof Troy, University of Mlinois, Champaign-urbaha, Illinois HIGHLIGHTS Alabama Provides master planining expertise in the areas of water, wastewater, stormwatér. and flood control system analysis and identification of Capital mprovement Plan components. Provides component desigh and construction inspection and admiristration services in the water resources area of civil engineering (water; wastewater, stormwater and flood control) Pavement Assessment and Development. of Transportation SUBJECT MATTER EXPERI,WITT O'BRIEN'S, LLC, FEBRUARY. 2018 Water," MasewaterendSomate, Subject Matter Expert working withthe Waste.Management Authority and' Water and Power Authority Int the US Virgin Islands to evaluate the operations and help with restoration of the system following Water, Wastewater and Stormwater Subject Matter Expert working with the City of Havelock, NC to evaluate the operations and help with restoration following Hurricane Florence. Provided assistance and expertise in the: areas of Water, Wastewater, and Solid Waste fort the recovery and restoration of Subjectmattere experkin the areas of water, wastewater, ands solid waste during post-disaster: restoration efforts in the U.S. Virgin Islapds Registered Professional Engineer- - Ilinois and! North Carolina Maintenance Programs. -OCTOBER 2023 Hurricanes Irma and Maria, the US Mirgin Islands. GRANTWORKS, INC.I PROPAEARTACONEDBHTAL ATTACHMENT 1--RESUMES OFI KEYF PERSONNELIFAGEE 65 CHACCANKTCA-ESXGIRAECACNNSE SERMCES.FEMAPUBIC, ASSISTANCE& AGE3 S #AZABDMITIGATIONASISTANCEROGHAKFUNDINGSUPPORT Alded with thé FEMA Public Assistance-Program, as related fother reimbursement and recoyery ofthe City ofH Houston; City ofGalveston; City of Havelock; Vllage of Morehead City; Cllypf.Orlando; State ofLouisiana; Middle Tennessee Electric Membership Assessed facility and: system conditions and provided short-term and long-term planning for the SENIOR PROJECT MANAGER, HANSON PROFESSIONAL SERVICES, INC., SEPTEMBER 2007- Directed several Construction: and Municipal National Pollutant Discharge. Elimination System Consultant to the) Federal Emergency Management. Agency ini the Public. Assistance Program for Hurricane Ike, Gustav, Rita & Katrina recovery (both Project Specialist and Public, Assistance Componation,Consumers Power, Inc; and Clay Electric in Florida. restoration and upgrades of systems. AUGUST 2009 (NPDES) Programs. Coordinator positions) in Houston, Texas, Directed several Floodplain Aralysis Projects in Missouri. Directed the Water Résources Division in the! St. Louis Office. Reviewed and Coordinated Water System Analysis. Projects in Missouri and Illinois. OTHER EXPERIENCE Vice President, Hampton, Lenzini & Renwick, Inc., June 2017- January 2018 Vice Président, Green, & Bradford, Inc., April 2015-June 2017 Public Works Director/City Engineer, Village of Mahomet, Ilinois, May 2011-April 2015 Disaster Recovery Specialist, Witt Group Holdings, December 2010-1 May 2011 Senior Project Manager, AEI-CASC Engineering, Inc., August 2005-September: 2007 Assistant/Acting Cityl Engineer, City of Seal Beach, California, January 2005. - July: 2005 Senior Project Manager, Pacific Advanced Civil Engineering, Inc. July 2004- January 2005 Associate ngineerNPDES Coordinator, City of Costa Mesa, Calffornia, October 2002 -July 2004 Project Manager, Brooks, Hersey & Associates, Inc., June 2001- October 2002 Senior Project Manager/Department Head, Hunn & Associates, September 200- May 2001 Engineer Il1 forthe City of Chandler- Manager of water and wastewater system planning, design and construction; Geographic Information System (GIS); impact fée program; Capital Improvement Program for water, wastewater, GIS and plan review. PAGE GSIATAGAMENTI-RESUNESOFKAYPEISOANEL ROPEAR/ACOMPPENTALIGRANTWORASINC DATACOLNIKIalusATIAACOARIaNAGEENFESERUACES: FEMAPUBUCASSEIANGEE PAGE322 HAZARD MITATONASSINGEIOANAAPMAONSAPOR a LYNNE STORZ GRANT SPECIALIST - PUBLIC ASSISTANCE PROFESSIONAL QUALIFICATIONS Lynne Storz guides State and Local governments through the process of receiving FEMA Public. Assistance Grants for all categories of work. The guidance provided included initial FEMA contact, documentation gathering, documentation formatting, eliglbility review and recommendation, documentation submittal, and support in answering FEMA questions or requests. Extensive experience working with Police, Fire, EMS, and other department heads in gathering documentation and presenting their Include training of client's personnel on documentation required, filing out FEMA forms, review of all documentation, and uploading documentation, into FEMA's "Grants Portal" database. 19 YEARS EXPERIENCE COMPANY GrantWorks, Inc. EDUCATION reimbursement requests In the format required by FEMA. Activities FEMA DISASTER RECOVERY a a RELEVANT EXPERIENCE PROJECT MANAGER/SUBJECT MATTER EXPERT, FEMA PUBLIC ASSISTANCE, WITT O'BRIEN'S LLC, 2004 - PRESENT Township, Pennsylvania, 2021 - Present Lynne was Project Manager for FEMAI PA program technical assis- tance and project formulation for ten projects. The total disaster damages in all categories were $35 million. Subject Matterl Expert Hurricane Ida FEMA PAI Program, Montgomery County, Pennsylyania, 2021- Present Lyhne was a Subject Matter Expert and provided FEMA technical assistance and project formulation servicès. She supported: 21 Subject Matter Expert, Hurricane lan FEMA PA Program, Lynne was a Subjéct Matter Expeit fori the City's FEMAPA program, wherè she provided technical assistance and project formulation serviçès for 12 projects that werè damaged by Hurricané lan, totaling Project Manager, Hurricane Florence FEMA PAJ Program, Pine Knoll Shores, North Carolina, 2021- - Present Lynne was the Project Manager fori the City's FEMAPA program, where she providedtéçhniçal assistance for a $3.2 million, Excess Funds project fordamage incurred from Hurricane Florence. Assistance included procurement compliance for approved excess Master ofScience, Urban and Regional Portland, Planning, Portland State Unlversity, Oregon State University, Portland, Oregon HIGHLIGHTS Subjectr matter-expert! in grants manage- ment, cost reçoyery, project closeouts, andp procurement compliance CERTIFICATION/ FEMA REGISTRATIONS (Mitigation Glassroom Training G-318 Planning) NIMS Ics300 (Intermediate Ics For Exparding Inçidents) NIMS IGS 400 (Advarcéd ICS) Project Manager, Hurricane Ida FEMA PA Program, Upper Dublin Bachelor of Sclence, Sociology, Portland I projècts totaling $13.1 million. Edgewater, Florida, 2021 - Present $2.9 million. funds projects. GRANTWORKS, INC, ROPAETAR/ACONPDENTAL ATTACHMENT 7- RESUMES OPY KEY PERSONNELIPAGE 67 DETACOUNTY,7 JMISA: STIE RRECOVERY MANAGEMENT SERVICES: EMAPUBICASSTANCE: AGE ADATANOSEIERCRRACECS Project Manager, Hurricanes Florence, Dorian, and Isias FEMA PA Program, Morehead As Project Manager, Lynne providéd FEMA.PA technical assistance. andp projecti formulation servicés for 14 projècts. Thèse projects Includéd historic cemeteries repair/restoration and haz- ardous tree removal in the cemeteries. The total disaster damage in all categories.was $2.7 million. Subject Matter Expert, Hurricane Irma FEMA,PAI Program. Associated with COVID-19, Oakland Park, Lynhe was a: Subjeçt Matter Expért and provided FEMA PA technical assistance and project formulation for 24 projects, resulting in $2.4n million in çost recovery and the preparation oft three COVD-19-related Pyblic Assistance Coordinator, 20.04-2012 Multiple Disasters FEMA PA Program, Florida Department Lynne provided long-ternn disaster reçovery, emergency management, and plahning expertiseto.the FL DOI. She provided technical assistance and plànhing to local governments in the areas of FEMA PA and the FHWA Emergency Relief Programs. As Public. Assistance Coordinator (PAC) for FDOT, Lyhne provided oversight for project closeouts, appeals, and. project worksheet coordination, àssisting in securing approximately $100 million in grant reimbursement, Additionally, she assisted more: than 801 local govèrri- ments with preparing documents for Detailed Damage Inspection Reports (DDIR), which were. submitted to the FHWA for reimbursement. Lynne assisted in the development of FEMAPA and FHWA Emergency Relieftraining, which was delivered to more than 3,000 local government and FDOT personnel. Project Manager, Disaster Debris Project Management and Planning, Multiple Clients, Multiple Lynne has managéd several débris monitoring operations throughout the southeast U.S. Using this experience, shé developed disaster debris management plans based on indydua-clentrentrequirements. Each plan was prepared after çohsultation withthe client ànd the participating departments that are involved in the debris operations. Planning efforts typically involved discussion with outside agencies (state and federal ovemmentsyagencles, and priyate entities, as required, and discussion apd coordina-. tion with the Internal departments. ranging from public works, solid waste, transporationplanning. GIS, nance/accounting (grants management) to environmental resources and historic preservation. Plan development has béen performed for the following local, state, and tribal govemments: Seminole Tribe of Florida, Stafe of Maine, Florida Department ofTransportation (7 Districtsand Central Offices), New Hanover CountyNG, City of Fernandina Beach FL, Broward Health Hospital, Florida; City ofAlexandria LA, City of North Miami FL, Cooper City FL, Town of Davie FL, the City of San. Jose CA, and the Cityof City, North Carolina, 2018- 2022 Florida, 2017 - Present projects. of Transportation, Florida 2007-2 2013 Locations, US, 2004 - Present 4 Savannah GA. PAGE 6BIATTACHMENT1-R RESUMES OF KEY PERSONNEL ROPREAIYACOAPDENTIALIGRATWORES.NC DELTA CNTKTERASIOMIERAECOKARXIANKGENKEN: EXESIEVARAICAENET AGE,324 HAZARDI WTCAIONASSIACEOENRCEAATUMONESARCA, JOSEPH BERMAN GRANT SPECIALIST- : PUBLICASSISTANCE PROFESSIONAL QUALIFICATIONS Joseph Berman is an experienced disaster recovery. professional who provides expertise to governmental and nonprofit counterparts through the cycle of recovery and mitigation to secure. successful outcomes from events and ensure resilience in the future. Joseph's FEMA Grant Projects (PW) written for over $100 million in FEMA Assistance grant funding from disasters declared since 2005. accomplishments include: Public 20 YEARS FEMA DISASTER RECOVERY Provided FEMAI PA1 technical assistance, strategic guidance, and EXPERIENCE project management support to more than 25 local government COMPANY clients nationwide over the past 20 years. FEMA Grant Projects (PW) written for clients in Florida and Georgia for COVID-19 recovery totaling "$20 million. FEMA Grant Projects (PW) written for clients In Florida for Hurricane Irma recovery totaling "$20 million Assisted int the management of over $20 million in FEMA GrantWorks, Inc. EDUCATION Bachelor of Science, Risk! Management &I Insurance, Florida! State University, Tallahassee, Florida, 1982 HIGHLIGHTS Recovery! Specialist. Twos years. State of. Florida Public Assistance Coordinator, Project Specialist& Closeout Specialist. Eightyears FEMA TAC Public Assistance Specialist, Qver 305 sears ofv work experienceas ali licensedproperty: & casualty, Life & health insurancel broker In the! State ot Familiar with state, county, and, city Skilled in the FEMA Grants Portal and EMGrânts Stater platforms. ÇERTIFIÇATION REGISTRATIONS Liçense 2-20 2-18 Disaster Debris Monitoring projects for Hurricanes Irma, Matthew, Teny years consulting as al Disaster and Katrina. RELEVANTEXPERIENCE PUBLIC ASSISTANCE CONSULTANT, WITT O'BRIEN'S, LLC, FLORIDA. AND GEORGIA, MARCH 2020 - PRESENT Joseph-worked with Pinellas County's Budget Department and Hernando County's Finance Department in Floriga and Hospital Administratorsat, Archibpld Medical Center and' Upson Regional Protective Measures Projects for COVID-19-related expenses. He COVID-19 Barriers, & Sighs, COVID-19 Disinfection & Sanitation, COVID-19 Scréening, COVID-19 Personal Proteçtion Equipment PPE), COVID-19 Emergency Management, COVID-19 Emergency Transportation: and Sheriff Department COVID-19 Costs. Joseph resolve eligibility issues. He jdentified and catègorized, COVID-19 ar result of consultingefforts, Joseph identifièd, documentéd, and submitted $20.5M COVID-19 project grants to FEMA for review, Medical Center in Georgia to identify and develop FEMA Emergency FL, speçializing Incommercial business developed FEMA grant applications for COVID-19 Testing, COVID-19 government, healthcare, education, Vaccination Administration, COVID-19 Non-Congregate Sheltering, andp private nonprofits insurance. worked with-the FEMA Consolidated Resource. Center to clarify and Florida Property& Casualty. Ageni's costs according to the FEMA COVID-19 Public Assistance Policy.. As Florida Life & Health. Agent'sLidense approval, and obligation. GRANTWORKS, ING. PROPRIETARY &CONFIDENTIAL ATTACAMENTI-ESUMES ORI KEY PERSONNELJPAGE 69 DELTA: COUNIKIISSATLA RECOVERY MANAGEMENT SERVICES-FEMAPUELCASSISTANCEL RAGES HAZARD MITIGATION ASSISTANCEPROGRAMFUNDINGSUPPORT PUBLIC ASSISTANCE CONSULTANT, WITT OBRIEN'SLLC, HILLSBOROUGH COUNTY, Joseph worked WlHlaborougnCounvys Capital Projects Budget Director to identify and de- velop a FEMA Damage Inventory following. Hurricane Irma. He worked with 36 county department representatives to inspect, develop damagedescriptians, and collect therequired supporting. -doc- umentation required by FEMAPolicy. Joseph yploaded damage. category narrativès and closebut-ready. supporting documentation into the FEMA: Portal. He also worked with the assignéd FEMAPDMG to clarify and resolve any questions. As a. result of consulting efforts, Joseph identified, documented, and submitted $19.4M of Category A through G project grants. to FEMA review, approval, and obligation. ROVING DEBRIS MANAGER, WITT O'BRIEN'S LLC, SIX MUNICIPALITIES IN THESOUTH FLORIDA Joseph was a Roving Debris Mahager for six municipallties in the South Florida àrèà following Hurricane Irma, He Was Tésponsible for truck-capaçity certification, truck placarding, and: fhe recording of debtis. contractor documentatton. Joséph assisted Inthe training andmanagement of debris ROW,Leaner Hanger, Debris Management Site, and Final Disposal monitoring crews. Heensured the debris monitor- STATE OF FLORIDA PROJECT COORDINATOR (PAC) AND STATE OF FLORIDA PROJECT SPECIALIST CONTRACTOR, DISASTER STRATEGIES & IDEAS, DUVAL COUNTY,FLORIDA, DECEMBER 2016.- Following Hurricane Matthew, Joseph worked with applicants in Duval County and. Jacksonville Electrieal Authority. He assisted the FEMA Project Specialist in writing and reviewing Project Worksheets for Category A through G.Joseph Was an advocate for applicants to ensure. a favorable outcome with FEMA. DEBRIS ASSISTANT MANAGÈR, WITT Q'BRIEN'S LLC, CITY OFSTUART, CITY OF FERNANDINA BEACH, AND NASSAU COUNTY,FLORIDA, NOVEMBER 2016 - DECEMBER 2016 Following Hurricane Matthew, Joseph was responsible for the end-of-day. reconciliation of debris. monitor STATE PROJECT CLOSEOUT SPECIALIST,SUPERSTORM SANDY AND EIGHT PRIOR NJ-FEMA DISASTERS, WITT O'BRIEN'S LLC, NEW. JERSEY, JULY2014- JULY 2016 Joseph was assigned tothe NJ State. agencies team to contact closeout activities for Categories. A through G. Wrote'final Closeout PWs and managed PWs through emgrantsorgportal. FLORIDA, NOVEMBER 2017-9 SEPTEMBER 2019 AREA, SEPTEMBER 2017 - OCTOBER 2017 ing process conformed to FEMA. Public. Assistance Policy. APRIL 2017 tickets and a summary of debris contractors activities. PAGE 701ATTACHMENTI-RESMES OFKEYF PERSONNEL PROPRIETARY2 COAFDAATAIGANTNOAS, INC. DELTA CANXIDAS.A-SIPACONVPNcMOYTEAKESN FEMAPUBLUCASSIANCEE PAGE:326 FAZARDI MITIGATION, ASSTANCEPMOGMAAFLNONGSURPOET ASHLEY HEBERT, El, CFM, CGM SENIOR GRANT SPECIALIST - HAZARD MITIGATION Ashley Hebert has: extensive FEMA PA: and HMA training and experience. He worked: as a FEMA: Cadre of On-Call Responsel Recovery (CORE) employee for 16 years in positions ranging from During his teriure with FEMA, Ashley served the State of Louisiana as a point ofçontactfôr project technical assistance. In: 2013, he contractor position and served the State of New York as a Lead inp preparing BCAS forprojects.. Ashley has worked on five major disasters, including hurricanes Katrina, Rita, and Sandy. Ashley has worked oni five major disasters, including hurricanes Katrina, Rita, PROFESSIONAL QUALIFICATIONS Projèct Officer to Lead, Hazard Mitigation Grant Program Specialist. 19 YEARS FEMA. DISASTER RECOVERY EXPERIENCE COMPANY GrantWorks, Inc. EDUCATION Bachelor of Science, Mechanical Engineering, Unlversity ofL Louislana at Lafayette, Louislana, 2004 HIGHLIGHTS Former FEMA Cadre of On-Call Over1 16 years-of disaster experience Assistance, ànd 404 Hazard elevate, reconstruct, or acquire houises deliverables for many drainage improvement, projects, projects in Loujsiana CERTIFICATIONS/ REGISTRATIONS 21597 transferted into a and Sandy. RELEVANT EXPERIENCE SENIOR PROJECT MANAGER, FEMA SERVICES, GRANTWORKS, INC., GEORGETOWN, TEXAS, AUGUST 2021-F PRESENT with thé TDEM and FEMA regylations by preparing financial and Ashley tracks technical and financial project requirements to comply Response Recovery (CORE) employee quarterly status reports. He dèvelops HMGP applications and bud- Public. ranging from Iridividual Assistance, gets based on locality objectives and needs. He develops BCAS for Mitigation Grant Program. Various types of projects. Ashley works on critical facility generators Helped fo implement many projeçts to rooms and facility nardening/retrofts. He reviews contracts, propos- Completed aost estimates, benefit-cost als, procurement documentation, and the professional. qualifications analysis (BCA), and review of project documéntation ahd environmehtal assessments for agèncy review. Helpéd develop $2.4 billion in HMGP and hazard mitigation plans with experience with hurricane-safe ofselected" bidders. He also prepares scope of work modification HAZARD MITIGATION PROJECT MANAGER, TIDAL BASIN GOVERNMENT CONSULTING, ALASKA, AND PUERTO RICO, NOVEMBER 2019 - AUGUST 2021 Ashley provided techniçal assistance to applicants for hazard mitiga- El-Licensed Engineer Intern, LA No. tign praject applications to develop projects and BÇAs for the State Contiacting Officer Technical of Alaska on an às-needed basis. He also reviéwed hazard mitigation Representative - 2007 to 2010 project applications for olients. in Puerto Rico, developed BCAs, and Certified Flood Plain Manager respondedto all received RFIs. VIRGINIA JULY 2020-JUNE. 2021 Certified. Grants Manager (Federal Track) Trained In Community Relations for LEAD BENEFIT COST ANALYST, ICF INTERNATIONAL, FAIRFAX, Ashley provided, technical assistance to applicants for Hazard Mitigation, [404), Public-Assistance Mitigation (406), and BCAS for 404 programs. Ashley performed cost reasonableness and construc- FEMA tion cost verificationi for CDBG projects. GRANIWORKS,INC. AOPEPRY/ACONFDENTAL AITACHMENT 1-RESUMES OF KEY PERSONNELIPAGE 71 DBTAÇOUNIATASIESATIRRECOVER MANAGEMENT SEFVICES-FEMAPUELCASSISTANCE- RAGE HAZARD! MITIGATION ASSISTANCE PROGRAM! FUNDINGSUPPORT I HAZARD MITIGATION SPECIALIST, WITT O'BRIEN'S, HOUSTON, TEXAS, OCTOBER 2018 Ashley worked with the University of Texas Medical Branch at Gaiveston and Sienna Plantation Levee improvement District to help develop HMGP projects and BCAS totaling over $119 million COST ANALYSIS SPECIALIST, THE SULZER GROUP, BATON ROUGE, LOUISIANA, SEPTEMBER 2016 - Asa Cost Estimator, Ashley performed Cost Reasonable Analysis for Public Assistance Closeout for 10,0 projects for the Louisiana Governor's Office of Homeland Securityand. Emergency Preparedness (GOHSEP). He also reviewed invoices and produced estimates for PA projects that did not follow the HMGP COST-BENEFIT SPECIALIST/LEAD HAZARD MITIGATION GRANT PROGRAM SPECIALIST/ TECHNICAL SPECIALISTIPROJECT OFFICER, DEPARTMENT OF HOMELAND SECURITY, FEMA, NEW Ashleywas responsible fori the Benefit-Cost (BC) review for most pfthe new DR 16Q3 (Katrina) allocation totaling $390 million released on November 14, 2011. He developed and implemented- ongolrig Mitigation Program changes toadapt and improve. processes. He also. advised FEMAlousmnaRecove, Office team members and state and local partnèrs on the 404 Hazard Mitigation Grant Program. -. JULY 2020 I for submittal to TDEM and FEMA. AUGUST 2018 proper procurement process for projects over $10,000. - I ORLEANS, LOUISIANA, OCTOBER.2005 - OCTOBER 2013 EMPLOYMENT HISTORY Senior Project Managec FEMA. Services, GrantWorks, Inc., Georgetown, Texas, August2021 - Present Hazard Mitigation Project Manager, Tidal Basin Government Consulting, Alaska and Puerto. Rico, Lead Benefit-Cost Analyst, ICFInternational, Fairfax, Virginia, July 2020 - June 2021 Public Assistancé CostAnalyst,Serco, Inc., Winchestèr, Virginia, May 2019 - November 2019 Hazard Mitigation Specialist, Witt O'Brien's, Houston, Texas, October 2018-- July 2020 Project Manages, Wilson & Associates Consulting, LLC, Austin, Texas, September 2018 Cost Analysis Specialist, The Sulzer Group, Baton Rouge, Louisiana, Septèmber 2016 -.August 2018 Mechanical Engineering Technical Assistarice, Turnkey Disaster Management LLC. New York, New Cost Analysis Specialist, GCR, Inc., Baton Rouge, Louisiana, July 2015 - January 2016: Benefit-CostAnalysis Pfoject Consutant,Shread-kuyrkendal. & Associates, St. Bemnard, and Quality Assurance/Qualily, Control, New' York Rising Project, Nova Catastrophe Services, New York, Cost-Benefit Teamlead, Innovative Emergency! Management (IEM), Albany, New York, October 2013 - HMGP Cost-Benefit SpecialistLead Hazard Mitigation Grant Programi Speclialist/Technical Specialist? Project Officer, U.S. Department of Homeland Security Federal Emergehcyh Management Agency November 2019 = August 2021 I 1 1 Cost. September 2016 Hammett & Baton Rouge, Louisiana, 2016 - April Analysis Specialist, Bryant York, January 2016- - April 2016 Associates, LLC, Plaquemines Parisles, Louisiana, January 2015 - July 2015 New York, December 2013 - December 2014 December 2013 (FEMA), New Orleans, Louisiana, October 2005 = Oçtober 2013 PAGE 7ZIATACAENTI-REMES OFKEAPERSONNEL ROPEAAYTALCONFDENTALIGRANTNORSINC DELTA COUNIKIBXSd-SiGRaESIERACOAESANACEVENT SERVICES-FEMAPIBIIÇASSISTANCEE PAGE SMISANAASAKERAESPRSIPSSNASEONRE SANDRA SIMONSON SENIOR GRANT SPECIALIST - HAZARD MITIGATION Sandra Simonson: has 25 yeats of FEMA HMGP ànd PA experience. She plans, budgets, monitors, reports, and coordinates dâily project activitjes to achieve disaster recovery. goals and objectives. She preparès project reports for clierits and management. Sandra plans, reviews, evaluates the work of subordinate professional and operationial staff.. She also reviewis and evaluates project and service delivery. Sandra develops syistems and maintains records that provide the proper evaluation, control, and dacumentation of all program activities. She determines what deliverables to generatè during each phase. She effectively çommunicates with. clierts, aspects of disaster rècovery efforts. and grant monitoring. Before, jaining GrantWorks, Sandra worked for the Red River Regional Council, where she successfully: wwrote, reçeived, managed, and administered over $5 milion in HMGP, FMA, and PDM mitigation HIGHLIGHTS grants. She has also managed Firefighter Grants, USDA, Forestry Grants, (wildfirè), EPA] (Superfund). CDBG (housingr rehabilitation), and EDA (revolying loan) totaling more than $10 million. Sandra has Customer Satisfaction extensive experience wworking with local and state officials, conduct- Deep uncerstanding of çommunity ing public information and comprehensive planning meetings, and "Better, Safer, Stronger" mentality wwhen PROFESSIONAL QUALIFICATIONS 25 YEARS FEMA DISASTER RECOVERY EXPERIENCE COMPANY GrantWorks, Inc, Bachelor of Sclence, Public Administration, Dakota, 1990 University of North Former FEMACadreofOn-Cal. Response Recovery (CORE) employee and subrecipients, contraçtors, and otherinterested parties regarding all EDUCATION. needs assisting cliènts CERTIFICATIONS/ REGISTRATIONS Certified Floodplain Administrator, North Dakota Planning Assoclations, North TRAINING 300 Mitigation Courses, FEMA PROFESSIONALAFFILIATIONS coordinating intergoyernmental/inter-agency task force méétings. SENIOR PROJECT MANAGER, FEMA. SERVICES, GRANTWORKS, INC.,AUSTIN, TEXAS, NOVEMBER 2019 - PRESENT Community Safe Room, Calhoun Countylndependent School purpose safe room, The praposed domed. safe roomwill provide near-absolute life safety protèction for critical/éssentials services RELEVANT EXPERIENCE Sandra is a Senior Hazard Mitigation Project Manager at GrantWorks. Dakota, 2006-2022 District (CCISD), PortLavaca, Texas The District applied for TDEMIFEMATunds to build a 9,656 SF dual- Emergency- Emmitsburg, Manegementihnstitue, Maryland, 2005-2022 persannelwho must rèmain in service during natural disasters. The Member, Managemerit: North) Association, Dakota Emergehcy 1997-2006 safe room design will. comply iwith all: applicable guidance, including Member, North Dakota Planning FEMA P-361, Design arid Construction Guidance for Community Safe Assoclalon,1997-2006 Rooms, and applicable codes, standards, and regulations. Public' Works Generators, City ofl Port Lavaca, Port Lavaca, Texas The City of Port Lavaça secured' funding through the HMGP to instal! seven. permanent generators at six sewage lift: stations and the publicworks building to prevent electrical grid power loss. The generators will be equipped with an automatic: Iransfer switch tos siwitch from grid powertos generator power int thé event ofrg grid GRANTWORKS, INC.I PROPRIETARYE CONFDENTIAL ATACAMENTI-RESUMES OF) KEY PERSONNELIFAGE 73 DELTACOUNIYI-X, RESBARCAERTAMEDANO TSEPMCESERVARRICASEANAGES OBPMRSATASSNEIRAVEANCAIOE power failure. The project will install 13 quick-connection terminals and manual transfer switches for 13 lift stations powèred by two trailer-mounted portable generators obtained through this grant. AU èquipment will be installed above the floodplain às depicted in the site plans and complywith 44 CFR part 9 and EO 11988. Generator Project, City of Wharton, Wharton, Texas 1 FEMA approved the application: submitted by the City ofWharton for a $1.8 million generator project: The HMGP provided the federal share of $1,338,842 under FEMA-4332-DR-TX. The City of Wharton will provide thé non-fèderal match requirement, of $446,281. The City yofWhartori will purchase and Install four generators. Three générators will be at the water plants, and oné àt the: Wéstewater treatmerit plant, This project will always keep positive pressure on the water. system to maintaincrucial watèrquality during a natural hazard, transformer blowing, or a power surge. Treating this water before discharging it into the receiving stream as treated wastewater is critical. The environmental benefits will decrease the GRANTS CREW, TASK FORCE LEADER AND SUPPORT GROUP SUPERVISOR, MITIGATION DR-4611, HAZARD MITIGATION AT FEMA REGION 6, AUSTIN, TEXAS, AUGUST 2018. - NOVEMBER 2019 Sandra worked directly with State Project Office and sub-grantee to determine terms and conditions of grant awards, such as phasing of projects, strategic funds management, cost schedules, and delivera- GRANTS CREW LEADER, TEXASHURRICANE HARVEY, DISASTER 4332-TX, FEMA REGIONVI,AUS- Sandra worked directly with Regional Management as Lead Project Officer In develaping HMGP standard operation procedures. She worked with the Management Coordinator to develop training for local hires, chançes of sewage backup and increase public sanitation efforts. bles. TIN, TEXAS, AUGUST 2017 - JULY 2018 and guided, mentored, and trained individual project officers. EMPLOYMENT HISTORY Senior Project Manager, FEMA Services, GrantWorks, Inc., Austin, Texas, November 2019 - Present Grants Crew/Task Force, Leader/Group Supervisor Support, FEMA, Austin, Texas, August2018.- Grants Grew Leader, Texas Hurricane Harvey (DR-4332-TX), FEMA, Austin, Tèxas, August. 2017-July Grants SperiallsV/Crewl Leader/CORE, Louisiana Hurricane Katrina (DR-1603-LA), Louisiana Office of Community Development Disaster Recovéry Unit, Baton Rouge, Louisiana, Jurre 2016-J June 2017 Task Force. Leader/Grants Spécialist/Crew Leader/Reservist (DR-4099-NM), FEMA,State Emergency Grants Créw Léad/Reservist, Néw Jersey Severe Storm (DR-4048-NJ), FEMA, SRO Forest Hills, New November 2019. 2018 Management Offices, Santa Fe, New Mexico, January 2016-1 May 2016 York, March 2015- - January 2016 PAGE HIATACAMENTI-RELNE: OF KEY PERSONNEL PBOPRIETARYECONFDENTALISRANTWORKS.INC, DELTA COUNINKIEXASIUSASIENE RECOVERY MANAGEMENT FANGIRIPARBEAKSA PAGE330 HRZADMITSATIONASSISTANCEFROGRANMI FUNDINGS SUPPORT RACHEL ANDREWS, PE, CFM GRANT SPECIALIST - HAZARD MITIGATION PROFESSIONAL QUALIFICATIONS D 3 As al Hazard Mitigation Project Manager with 17 years of experi- ence, Rachel Andrews uses her civil engineering background to manage large-scale housing levation/feconstruction projects. She distributes, collects, organizes, and maintains program applicant information and is-responsible for communication between appli- cant, client, and.contractor. Rachel provides project planning and scoping, financial project tracking and management, and project staffcoordination. Rachél has a strong record ofachieying results throughteamworkand a proven ability to work independently. She COMPANY has effective orgahizational, planning, and strong communication skills in both oral and written forms. She uses her collaboratives skills to work with technical staff, elected officials, and communities. PROJECT MANAGER,FEMA SERVICES, GRANTWORKS, INC., AUSTIN, TEXAS, FEBRUARY 2022 - PRESENT Rachel collaborates with her team daily to manage and coordinate and financial elevation project requirements to comply with the TDEM and FEMA. regulètions by preparing financial and quarterly status reports. Rachel collects, distributes, organizes, and maintains program applicênt information. She interacts with contractors, officials, dnd homeownèrs regularly and pays close attention. to cost-effeçtiveness, environmental compliance, and program rules client, and contractor communication, project planning and scoping, 104537 financial projecttracking and management, and project staff NATURAL HAZARD MITIGATION SPECIALIST, H20 PARTNERS, INC., AUSTIN, TEXAS, JULY 2013 - FEBRUARY 2022 Rachelassisted local Jurisdictions with HMGP compliance. She. conducted kickoff, interim, and closegut meetings for construction projects. She also, performed field inspections and site visits for 17 YEARS HAZARD MITIGAITON EXPERIENCE GrantWorks, Inc. EDUCATION BS,Civil Engineering/Water Resource Engineering, University ofTexas at Austin, Austin, Texas, 1999 BA, Spànish, University of Texas at Austin, Austin, Texas. 1999 Expertise im civil and water résource engiréering Fluent In Spanish CERTIFICATIONS/ REGISTRATIONS Registered Professional Engineer, Civil Engineering, State of Texas, Texas Board Qn-Site Sewage Facilities Designated Representàtive, Texas Commission on Ervironmerital Quality, Certifidation No. Certified Floodplain. Manager (CFM), Flopdplain. Cerlificatlon Management No. 1155-07N, Association Texas PROFESSIONAL AFFILIATIONS 3 I RELEVANT EXPERIENCE multiple elevation and reconstruction projects. She tracks technical HIGHLIGHTS af alll levels ofi mplementation. She is also responsible forapplicant, ofP Professional Engineers, License No. coordination. 0S0022960 engiheering projects and wiote grant applications for FEMA hazard Member, Texas Floodplain Management mitigation and Hazard Mitigation Action Plans (HMAP). Rachel provid- Member, chi Epsilon Civil Engineering Association ed guidance and technical assistance related toi flood mitigation and Hohor Society the National Flood Insurance. Program (NFIP), developed presenta- tions, and presented them at workshops and public meetings. GRANTWORKS, MCIPCMEAPACDPDAIA ATTACHMENT: 1-F RESUMES OFH KEY PERSONNEL IPAGE 75 - DELTA COUNTY,TE'AS FISASTE RECOVERYMANAGEMENI SERVICESFEMAPUBICASSISTANCE AGE ERZAR9MITIGAIONASSTANCEROGAMEFUNDNGSUBPONT NATIONAL FLOOD INSURANCE PROGRAM FIELD REPRESENTATIVE, TEXASWATER DEVELOPMENT BOARD, AUSTIN, TEXAS, JANUARY: 2007 - DECEMBER 2012 Int this position, Rachel provided téchnical assistance for the National Flood Insurahce Program. She provided. compliance advice-to ldcal residents and government officials ànd comrhyriçated insurance and engineering,r requirements- of the National Flood Insurande Program. Rachel condyct- ed audits ofregulatory programs involving floodplain inspections, reviewed tèchnical permitting doc- umentation,and delivered technical training and outreach assistance to local floodplain management, elected officials, and resident. She also performed written and verbal outreach in Spansh-speaking NONPOINISOURCE POLLUTION COORDINATOR, LOWER COLORADO RIVER AUTHORITY,AUSTIN, As ai Nonpoint-Source Pollution Coordinator, Rachel led meetings for cities and stakeholders-of LCRA Watershed Mahagément Ordinance compliance. She conducted inspections and reviewed plans and permit applications' tovéfify compliance with nonpoint-source pollution contro.requirements. Rachel investigated pollution complaints pert thé Ordinance, produced teçhnical and non-téchniçal reports, and created educational materials on nonpoint-source pollution permitting ànd relatéd issues. She also managed lake-wide lowering per the U.S. Army Corps of Engineers Permit. PROJECT STAFF 1, COOKJOYCE, INC., AUSTIN, TEXAS, AUGUSI 1999 - JULY2 2002 Rachel performed Phase/Emvfrohmental Site Assessments for industrialcommercial clients. She managed environmental regulation revièws on hazardous industyiai solid wàste management sites. She also provided on-site consulting servioes for environmental closure, remediation projécts sinvolving underground petroleum storage tank removals, well plugging and abandoning activities, contaminatéd soil management, and the construction of al holding pond. Rachel: conducted semi-annual groundwater monitoring evaluations and assessed cofrective actions involving two hazardous waste landfills. ENGINEERINGTECHNICIAN, LOOMIS & MOORE, AUSTIN, TEXAS, MAY 1997 = AUGUST 1998 Rachel: performed data collection for Austin's urban watershed hydrology projects, Shé àssessed flood- plain residences' property value and structural information and evaluated flood contral options for the regions regarding flood risks, TEXAS,JULY 2002 1 JANUARY 2007 City of Austin Onion Creek Flood Control Project. EMPLOYMENT HISTORY Project Manager, FEMA: Services, GrantWorks, Inc, Austin, Texas, February 2022-F Present Natural Hazard Mitigation Specialist, H2Q Partners, Inc., Austin, Texas, Juy2013-Fébruary 2022 National Flood Irisurance Program Field Representative, Texas" Water Development Board, Austin, Nonpoint-Source Pollution Coordinator, Lower Colorado River Authority, Austin, Texas,July2002 Texas, January 2007 = December 2012 -January: 2007 Project Staff 1, Cook-Joyce, Inc., Austin, Texas, August 1999 - July 2002 Engineering Technician, Loomis & Mopre, Austin, Texas, May 1997 - August 1998 PAGE 76JATTACHMENT1- RESUMES OFH KEY PERSONNEL PROPREAR/ACONPDSHTAIGRANTWORSINC CEIACOUAIKTCOICSASTEAATARCASTMAETESENFSERNAEEMAPNUE ASSISTANCE& AGE332 HAZARDMITIÇAIONASSIANCEMROGAAEUNDNGSUPPORT PATRICK KELLEY, CBCP GRANT SPECIALIST - HAZARD MITIGATION PROFESSIONAL QUALIFICATIONS B Patrick Kelley has extensive experience develaping mitigation proj- ect applications, business continuity processes, disaster response exercises, and projectmanagement. As ai former TDEM employee, he has a deep understanding ofstate and federal requirements, rules, and regulations concerning public assistance and mitigation ment,response and disaster planming.manegemént, public safety tandarsdeveicpment emergencypréparedhesslemergericy servicès) ànd budgetingfinancial. accounting. Patrick has provided.oversight on large projeçts of more than $6 million. He has. also managed Regional Emergency Vanagement mitigation activities for three Texas regions, including 174 counties. Hé covered approximately 1,000,000 residents, indluding estab- lishing over! 5,000 individual safe rooms within the Texas Tornado Belt. Patrick has an: extensive background in emergency. planning, response; and. recovery for all types oft facilities. A, proven leader who has directed. numerous teams, both military ahd domestiçally. al FEMAI Level 1 Cortinuity of Operations Professional (COOP1), and a 1966 B 45 YEARS EXPERIENCE COMPANY GrantWorks, Inc. EDUCATION Manchester, New! Hampshire, 1975 -1977 NCO Leadership School, Elmendorf AFB, Alaska, 1973 Coursework, Alaska University, Elmendorf AFB, Alaska, 1972. -1 1973 Coursework, San Antonio. Junior programs. Patrick is skilled in emergency roperations, crisis manage- EMERGENCY! MANAGEMENT I B for a màjor non-profit.At: the state level, Patrick was responsible for Coursework, St. Anselm's College He is certified as a Cértified Business Continuity Professional (CBCP), College, San Antonio, Texas, 1965 FEMA. Advance Professional Services, Patrick has experience int the following: State agenciès grant systems and FEMA NEMIS Logisticalsuppert; during disaster responses to. many different Management experience-that: inclydes supèrvision of various numbers of personnèl over lengthy periods from 30 days to HIGHLIGHTS Former TDEM employee 12years Hazard Mitigation experiençe FEMABRIC, HMGB FMAJ prograni speciaist Risk-Mitigation CERTIFIÇATIONS REGISTRATIONS Certified Businèss Continuity Intèrnational, CBCP #17127 FEMAL Levél1COOP Professiohal Certificatian PROFESSIONAL, AFFILIATIONS Member; Asspciationgf Contingency disaster events, including hurricanes, tornadoes, floods, terrorist Benell-CostAnalyses! (BGAs). attacks, and earthquakes threé years constantyevaluating past. experiences and new methodolagies Professional, Disaster Response Institute to obtain the bestprocesses for a client Experienced in developing Bènefit-Cost Analyses (BCAs) RELEVANT EXPERENCE PROJECT MANAGER, FEMA SERVICES, GRANTWORKS, JNC., SAN Planners/ACP) MARCOS, TEXAS, SEPTEMBER 2022-PRESENT Patrick administers hazard mitigation funds awarded to applicants by the Texas Division for Emergency Management or Texas Water Development Board. He interacts. effectively with local, state, and federal agency. officiais and staff members in meetings and' through GRANTWORKS.INC. APPRETARKACONEDENTAL AITACHMENT1- RESUMES PFMEYPHRSOMELIPAGE 77 DETACQUNTKTEAPIPA EL RECOVERWANAGEMENT SERVICES: FEMA1 PUBLICA ASSISTANCE& AGI € 1 MAOMTCAICASEIRAMTMCNSECNT written memos, e-mails, formal letters, and telephone conversations. Patrick pays attention to detail regarding financial and technical aspects of project management, including review of contracts, contraçtor, pay estimates, sèrvice provider invoices, progress reports,change orders, contract amendments, etc. He dèvelops applications for HMA programs and provides. technical'a assistance regarding program rules, policies, and procedures, Including enwironiméntal compliance, basic cost-effectiveness, and phasing. Patrick reviews and interprets project-relâtèd. corre- spondence, documents, reports, and forms. He updates and maintains project performance, budget, and status tracking and document filing systems. Patrick aiso. conducts Local Planning Team meetings. ASSISTANT HAZARD MITIGATION OFFICER, TEXASI DIVISION OF EMERGENCY MANAGEMENT, Ast the State Representative, Patrick assisted qualified jurisdictions In the development; approval, and monitoring. ofl FEMA HMPG: He used HMGP Project Management for grants. He aso. conducted site inspections for large and small Project Worksheets (PWs). Patrick reviewed and collaborated with applicants to résolve outstariding issues and close their case files. Patrick assisted. the Public Assistance AUSTIN, TEXAS, 2010 - 2022 Department as needed. EMPLOYMENT HISTORY Project Manager, FEMA Services, GrantWorks, Inc., San Marcos, Texas, September 2022 - Present Assistant. Hazard Mitigation Offiçer, Texas Division of Emergency Management, Austin, Texas, 2010 Director, Emergency. Services, American Red Cross, Tallahassee, Florida, 2008-2010 Coordinator, Planning & Preparedhess, Greater Miami and the-Florida Kéy/s, American Red Cross, Manager, Logistics, National American Red Cross Disaster Servicés, 1985-2 2006 Business. Continuity Coordinator, Franklin Templeton Investments, San Mateo, California, 1998 Business Contjhuity Coordinator, Vision.Service Plan, Rancho Çordoya, Callfornia, 1996.-1 1998 Disaster Preparedness NCO/Officer, USAF. Disaster Preparedness, Marious USAF: Bases, .S., 1981 2022 Florida, 2005 -2 2007 2002 -1986 Flight Chief, USAF Làw Enforcement, Varioys USAF Bases, U.S., 1977-1981 PAGE 7BIATTACHMENTI 1-1 RESUMES OFH KEY PERSONNEL OPIETARACONEDANTAYGPATWORS,NC BACCMTKATCMIeNEAEsEoAwAcveaNE SERVICES.FÈMA PUBLICK ASSISTANCER HAZARDMIIGATION/ ASSTANCEPMOGHAMFFUNDNGSUPPORT MARIA BEDIA APPLICATION SPECIALIST PROFESSIONAL QUALIFIÇATIONS Maria. Bedia's passion for hazard mitigation stems from her. 25 years ihi locaf governmente operations where she was able to witness the transformative impact thatstate-and federal assistance can have inf furthering disasfer recovery. efforts and promating long-term community resilience. Maria spent 15 yéars in grant administration and planning roles in Nueces County government, with broad re- sponsibilities including strategic planning, project coordination, and GRANT EXPERIENCE MANAGEMENT contract management for a variety of state and federal grants. She is expérienced with and knowledgeable of FEMA and TDEM policies COMPANY and procedures for bothHazard Mitigation and Public Assistance programs, and skilled working in FEMA Grants Portal and TDEM's Grants Managerhent System. Maria has supported projeçts through EDUCATION 15 YEARS U GrantWorks, Inc, the entire grant life cycle, from application and/or project worksheet MBA, University of the Incarnate Word, development, reporting, and closeout. RELEVANT EXPERIENCE San Antonio, Texas, 2013 BBA, University oft the Incarnate San Antonio, Texas, 2010 HIGHLIGHTS Grant Compliance Public Presentations FEMA.Grants Portal TDEM (GMS) SrantsManagement System through grant administration, project management, Word, HAZARD MITIGATION PROJECT MANAGER, GRANTWORKS INC., ProjéctPlanning AUSTIN, TEXAS, APRIL 2924-PRESENT Mariè proyides appliçation development: and grant administration supporti to hélp communities secure and implement FEMA Hazard Mitigation Assistance (HMA). In addition to serving as a technical resource on program rules, policies, and procedures, her responsibil- ities include financial and technical project management, reviewing TRAINING B contracts and. contractor pay estimates for accuracy, completeness, Certificate. In.Asset Management, and. compliancé, and. drafting project progress réports, ordérs, and cohtactameridments for client review and approval STRATEGIC PLANNING: MANAGER, PORT OF CORPUS CHRIS- TI AUTHORITY, CORPUS CHRISTI, TEXAS, FEBRUARY 2022 = the-strategic projects functional area within the Planning Department, which included strategic project initiation and coordi- nation. Maria résearched and analyzed trends and studies. related the Port's enterprise asset management system. She managed grànt development activities and monitored grant-funded projects and VARIOUSROLES, NUECES COUNTY, CORPUS CHRISTI, TEXAS, In2018, Maria Was appointed by the County Commissioners Courtas the Grants Administrator, During this time, she was Institute of Asset Management (IAM), Bristol, England, 2023 Certificate ln Local Government Procedures, Texas Depaitment of Trensportation,: Austin, Texas, 2022 Management inçubator, Rice Business. Executive Eduçation, Houston, Texas,, 2020 PROFESSIONAL Member, change MARCH2024 Maria led AFFILIATIONS to Port develdpment and initiated the implementation of Phase 1of 2024 Proect.Management Institute, programs for state and federal compliànçe. OCTOBER 1998 - JANUARY: 2022 GRANTWORKS. INC.I PROPRIETARYE CONFIDENTIAL ATACHMEKTI-RESUMES OF KEY PERSONNELIPAGE 79 DELTA COUNTY, TEV VAUIISASEE RECOVERYWANAGEMENT SERVICES: EMAPUBICASSIANCEA RAGE N HAZARD! MIICAIONASSISTANCEFAOGRAMFUNPNG SUPPORT responsible for all contracts from federal. arid state granting agéncies. Duties included application devacpmem.peromance and financial reporting, compliance reviews, and As the Grants Witer/Cpordinator from 2009-2018, Maria wrote grant proposals and-assisted in the implementation pfa awarded projects, ensuring that all projects wère delivered ontime, within During Maria's tenure. as Office Manager from 1998-2009 in the-Sheriff's Office, she supervised six employees in the areas of accounts payable, personnel, timekeeping, and auditing. She assisted in the preparation ofthe annual departmental budget and. prepared documents, agenda items, and VOLUNTEER, ARC1 NATIONAL DISASTER RESOURCE MANAGEMENT CENTER (DRMC), CENTRAL Recertified electronic equipment returned to the RMC after use in national disaster opérations arid Responded to both loçal and nationally declared disasters. in Logistics (Log) and. Life Safety and Asset project closeout.. She supervised one (1) employee. scope, and budget. presentations for the Commissioners Court. TEXAS: CHAPTER,. AUSTIN, TEXAS, 2010 - 2012 provided recommendations to improve procedures Protection (LSAP,Manager positions Submitted appropriate changes. for Logistical Procedures DIRECTOR, EMERGENCY SERVICES, AMERICAN RED CROSS, CAPITAL, AREA CHAPTER, TALLAHASSEE, FLORIDA, 2008 - 2010 Directed 28 county Chapter Disaster Response Services, Service to. Armed Forces, International Responsible for the Chapter Disaster Response, development, and exeçution ofthe Çhapter.Disaster Primary ARC chapter contact for all County and Regional Emergency Management organizations Responsible for all ARC responses within the 28-county region' that included MassCare,logistics, Services, and Community Preparedness Services Response Plan and Continuity of Operations Plan (COOP) individual client assistance, and Hong-term recovery for clients EMPLOYMENT HISTORY Hazard Mitigation Project Manager, Grantworks Inc., Austin, Texas, April 2024. :. Present Strategic Plannirig Manager, Port of Corpus Christi Authority, Corpus Christi, Texas, February 2022- Various Roles, Nueces County, Corpus Christi, Texas, October 1998 - January. 2022: March: 2024 PAGE BOIATACMENTI-RELNES OF KEYF PERSONNEL PROPREARTACONFDENMTLIGPANTMORESNG DATACOUNIY,TEAAILSASTEARACOVERYMANAGEMENT SERVICES-FEMAPUBICASSSTANCEE AGE336 AZARDMITIECATIONASSIANCEPROGKAMFINDNGSUFPORT AELI GONZALEZ-GLADSTEIN HAZARD MITIGATION PLANNER PROFESSIONAL QUALIFICATIONS Aell Gonzalez-Giadstein joined GrantWorks' Community Deyelopment Team as a Projéct Manager in April 2021 and trans- ferred to the FEMA Services Team ini May 2022. Hé has managed qvet $55 million in projects, funded through various agencies, B E D including. FEMA, the Texas Genéral Land Office (GLO) and the Texas 10 YEARS Department of Agriculture (TDA). Aeli coordinates PROJECT MANAGEMENT AND ENVIRONMENTAL PLANNING teàms. and balances multiple objectives including tracking and balancing budgets and invoices, reviewing engineering EXPERIENCE designs, assisting Im developing bid packages, and monitoring overall grant compliance with staté and federal regulations. COMPANY GrantWorks, Inc, EDUCATION RELEVANT EXPERIENCE HAZARD MITIGATION PLANNER, FEMA SERVICESGRANTWORKS MS, Clly ànd Regional Planning, Pratt elements, including jurisdictional profiles, hazard risk assessments, BA, School of Arts and Humanities, INC., AUSTIN, TEXAS, MAY 2022-F PRESENT Institute, Brooklyn, New York, 2021 MS, Sustainable Environmental Systems, Pratt Institute Brooklyn, New York, 2017 Universityof! Maryland, College Park, Maryland, 2003 Data-analysis and visualization General and post-disaster planning Extreme weather agaptation/mitgation CERTIFICATIONS REGISTRATIONS Aeli's responsibilities include developing hazard mitigation plan and mitigation action strategies. He workswith representatives from participating, jurisdictions to identify hazards that may affect them. and determine each hazard's. probability, extent, vulherability, planning team méetings apd facilitates public hearingst to allow B L a loçation, and impact. As part ofthe planning process, Aell organizes HIGHLIGHTS residents to. contribute to the plan. 2021 - MAY.2022 PROJEÇT MANAGER, GRANTWORKS, INC., AUSTIN, TEXAS, APRIL Grantimplementation and management projects at vatious stagés of implementation, building relationships Certified Administrator, Texas with local and state government officials, as well. as members of the Community. DeVelopment Block Grants, Àeli coordinated and managed multiple complex infrastructure public. He worked closely with multiple stakehoders and partners. to achieve. outcomes beneficial to Tèxas communities and residents. Partners in this process include municipal 'and county clients, project engineers.. construction contractors, ànd state agêncies. Aeli manag- ès the financial aspects of several prôjects. at once, including review of contract pay applications ahd professional service invoices, main- taining ledgers, and tracking budgets. He also communicates with multiple stakeholders through memos, emails, formal letters, phone PLANNING FELLOW, PRATT CENTER FOR COMMUNITY DEVELOP- MENT, BROOKLYN, NEW YORK, SEPTEMBER 2019 -JUNE: 2020 Aeli condugted research and supported advocaçy apound Center priorities, ,including innovative value capture mechanisms, Texas Department ofAgriçuitute,; 2021 F 3 L calls, meetings, and public presentations. 3 GRANTWORKS, INC.I PROPRIETARY& CONFIDENTIAL ATTACHMENT1- RESUMES OF KEY PERSONNEL IPAGE 81 DELTACOUNTYTE'A: I"SAETEIRECOVERYI MANAGEMENT SERVICES: FEMAI PUBLIC ASSISTANCE& AG HAZARDMITIGATION, ASSISTANCE PROCEAFUNONGSORT enyironmental justice Indicators, associàted visualization, and racjal equity.ndiçators ihthé PLANNING PRESERVATION FELLOW, MUNICIPAL ART SOCIETY OF NEW YORK, BROOKLYN, Aeli researched and contributéd: fo advocacy and testimony around multiple rezoning afèàs (e., Bushwick, Riker's Island, East Side Coastal Resilience). He contributed to case studies, reportng, and ADJUNCTI LECTURER, BROOKLYN COLLEGE = CITY UNIVERSITY OF NEW YORK, BROOKLYN, NEW Aeli planned and taught undergraduate coursè int the Department of Héalth and Nutritign. Sciences. He providéd instruction while encouraging the development of professional skills among students-through. context ofg gentrification and displacement NEW YORK, APRIL 2019 - AUGUST 2019 visualization related to the Fight for Light campaign. YORK, JANUARY 2017- - JUNE: 2017 immovativeasignments andi in-çlass exerçises. TRAINING AND: SERVICE Graduate Trystee, Pratt Instituté Board: of Trustees, Brooklyn, Néw York, August 2019- -August 2020 Executive Board Member, Farm Schoo! NYC, New York, New York, January 2011 - March 2016 Superstorm Sandy Relief, Red Hook Initlative, Brooklyn, New." York, October 2012 = March 2013 Leadership Néw YorkF Fellow, CORO Leadership New York, New York, New York, September 2008- August 2009 AmeriCorps Member, Avodah, Brooklyn, New York, August. 2004. - August 2005 EMPLOYMENT HISTORY Hazard Mitigation Planper, FEMA Services, GrantWorks, Inc., Austin,Texas, May: 2022 - Present CommuntyDevelopment Project Manager, GrantWorks Inc., Austin, Texas, April 2021-N May 2022: Plarining Fellgw,Pratt Center for Community Development, Brooklyn,. Nèw York; Sèptemiber: 2019 - Planning and Preservation Fellow, Municipal Art Society of New York, New York, New" York, April 2019 Adjunct Lècturet, Brooklyh College = City University of New York, Brooklyn, New. York, January 2017 Graduate Policy Fellow, NYC Counclmember Brad Lander, Brooklyn,New York, April 2016 - August 2016 Organic Recycling Outreach Speclalist, Lower East Side- Ecology: Center, New/'York, New York, June 2020 A August 2019 : June 2017 E Fébruary. 2015-- June2 2015 Project Manager,Wiser - Management Çonsulting, New York, Néw' York, February. 2014 -Jupe 2014 Multiple Leadership Positions, Center for Court Innovation, New York, New York, August 2004 -May 2012 PAGE ZIATACIMENTI-RESNESOFAGYPEBSOAAEL PROPREPARTACONFOETALIGAMTWORSNC SEACAMINAMNTSEMSACASSN RAGE338 HAZARDI AICATOMASANCEROERAMFURANGSRONT NATALIE JOHNSON HAZARD MITIGATION PLANNER PROFESSIONAL QUALIFICATIONS Natalie. Johnson, joined GrantWorks with five years of planning experience at TDEM, where she served as a liaison between local jurisdictions and FEMA, provided. hazard mitigation planning exper- tise, and facilitated the FEMA-approval process for Local Hazard Mitigation Plans. RELEVANT EXPERIENCE 7YEARS HAZARD MITIGATION PLANNING EXPERIENCE COMPANY GrantWorks, Inc. EDUCATION MS, Geologiçal Resourçe and Environmental: Studies, Texas State BS, Resource and Environmental Studies, Texas State University, San Marcos, Texas, 2015 AA, Geagraphy Austin Community College, Austin, Texas, 2013: HIGHLIGHTS Expertise In adhering, to strict project deadines, facilitating mull-jurisdictional. planningi prodesses, and conducting stakéholder outréach HAZARD MITIGATION PLANNER; FEMASERYICES, GRANTWORKS, INC., AUSTIN, TEXAS, JANUARY 2022 - PRESENT Natalie's primary responsibilties include developing hazard mitigation plan elements, including. jurisdictional proflles, hazard risk assessments, and mitigation action strategies. She works with representatives from participating jurisdictions to identify hazards vulnerability location, ahd impact. As part oft the planning process, Natalje argànizès planhirig team rheetings and facilitates public heatingst to allow résidénts to contribute tothè plan. MITIGATION PLANNER I CONTRACTOR, TEXAS DIVISION OF EMERGENCY MANAGEMENT,AUSTIN, TEXAS, OCTOBER 2017- Natalie transitioned from. a contracted to at full-time permanent position in Octobér 2017. She served as the Regional Planning Representative for TDEM Regions 2 and 6 on the State Hazard Mitigation Advisory Committee. Natalie was responsible for hazard mitigation planning, including reviewing and meeting FEMA require- . ments. She also helped revise: the State Hazard Mitigation Plan, includingiormatting, meéting FEMA requirements, and writing the HurricaneHarvey, Annex. Natalie çoordinated with other agencies and stakeholders for state and. local plan updates in this position. She corsulted with staff, governmênt agencies, community organiza- tions.and the public to explain and provide technical assistance on mitigation program specifics and requirements. Otmerresponsibilles Supportingand collaborating Int the planning, development, analysis, documentation, and implementation: of mitigation Maangrecommendations and coprdinating activities: fo produce Facilitâting the TDEM G-318 Hazard Mitigation Planning Workshop a that may affect them and determine each hazard's probability, extent, University, San Marcos, Texas, 2019 JUNE: 2019 iricluded: ethncalwnting.edung. and formhatting planning projects. an more effective program GRANTWORKS, INC.I AOPIETA/ACOFDBNTAL ATTACHMENT1-R RESUMES OF KENE PERSONNELIPAGE 83 DELACOUNIYTEALAEAERECOVERYMANAGEMENT SERVICES:FEMAF FUBECASS5ANCEB HAZARDN MTIGATIONASSISTANCEFPAOGFAMFUNDINGSUPPORT Calculating monthly. performance measure statistics ties and semingrs fo enhancé knbwledige. ofr mitigation issues Participating in workshops, conventions, training sessions, and public awarenessattivi- Studying and.analyzing operations and problems, preparing reports offindings, and préparing Helping to develop policy and procedure manuals, templates, and. other guidance documénts MITIGATION PLANNER II CONTRACTOR, TEXAS DIVISION OF EMERGENCY MANAGEMENI,AUSIN. Within three months of beginning heri internship with the Mitigation Planning Section, TDEM.offered Natalie al Mitigation Planner, whichsheaccepled, Natalie was responsible for hazard mitigation planning, Including reviewing and meeting FEMAr requirements. She helped revisé the State Hazard Mitigation Plan, Including, formatting, meeting FEMArequirements, and writing, the HuricarieHarvey. Annèx. Natalie coordinatéd with other àgèncles and stakeholders for state and local plan updates. She: seryed as a liaison to staff, government agèncles, community organizations, and the public to explain and provide technical assistance on preparedness ahd mitigation programspeciics andrequirements. Other respor- justification for procédural or policy change Identifying gaps In' resources and recommending improvements TEXAS, OCTOBER 2017 - JUNE: 2019 sibilities included: Technicalw writing,editing, and formatting tation of mjtigation planning. projècts Supporting and collaborating int the planoing, development, analysis, documentation, and implemen- Recommending and coordinating activifies to produce a more effective program Pàçilitating the TDEM G-318 Hazard Mitigation Planning Workshop Calculating monthyperlomance méasures statistiçs. seminars to enhance knowledge of mitigation. issues Identify gaps in résources and recommend improvements. Participating in workshops, conventions. training sessions, and public awareness activities and Assist in developing policyand procedure manuals, templatès, and other guidancerdocuments. EMPLOYMENT HISTORY Hazard Mitigation Planner, FEMA: Services.Grantworks, Inc. Austin, Texas, January 2022 - Present. Mitigation Planner Il, Texas Divisioni of Emérgency Management, Austin, Texas, June 2019- January 2022. Mitigation Plannerlr Contractor, Texas Division of Emergency Management, Austin, Texas, October Mitigation Intèrn, Texas Division of Emergency Management, Austin, Texas, August 2017 - October! 2017 Substitute Teacher, Texas School ofthe Blind and' Visually Impaired, Austin, Texas, March: 2016- 1 2017. - June: 2019 March 2017 Realtor/Office Assistant, Welcome Home Leasing, Austin, Texas 2008- -2016 PAGE B41ATTACHMENTI-F RESUMES OFKEY PERSONNEL PROPRIETARY &CONFIDENTIAL! IGRANTWORKS. INE, -HA 1" "K - VOLTT PAGE 341 L 0 0 0 0 D L D D D I 1, PELIACOUNY,7EXASIDEASTERPECOVENY MANAGEMENT: MCEwARVeAsSaE RAGE 42 HAZARDI MAITCAICMAKSTANCIOAEUONGSPON, ATTACHMENT 2 = REQUIRED FORMS Certificate ofLiability Insurance Statement. of Conflicts. of Intepest ' Systèm for Award. Mànagément (SAM) Search Results Form CIQ: Confictofintéres: Qyestionnaire Cértificàtion Regardinglobbyling' Disclosure Regarding Lobbying Form Form 1295: Certificate ofl Interested Parties 1 7 3 7 3 I 3 GRANTWORKS, INC.I AOREARTECONFDENTAL ATTACHMENT2 2- REQUIREOFOAMSIPAGE 85 : DELTA COUNTY,TE'A [ISASTEI RECOVERYWANAGEMENT: SERVICES: FEMA! PUBLICA ASSISTANCE& AGE HAZARD AISCNASSAKCEIRSENT FUNDING SUPPORT PAGE BIATAOHENT2-RALRED: FORMS PROPRAETA/ACONPDENTVLIGRAMTORSINC DELTA COLNPIEASICSASTEECOFERAVANCEENT SERVICES-FEMAPUBCCASSSTANCEA AG WOMPMTAIANSESNCPSNArweNeseee ACORD CERTIFICATE OF LIABILITY INSURANCE DATEWMDDmY 05/1B/2023 THIS CERTIFICATE! ISI ISSUED, ASAMATTER OF INFORMATION ONLY AND CONFERS NO! RIGHTS UPON THE CERTIFICATE! HOLDER.THIS CERTIFICATE DOES NOT/ AFFIRMATIVELX ORI NEGATIVELY, AMEND, EXTEND ORA ALTER THE COVERAGE. AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE QFI INSURANCE,! DOES NOT CONSTITUTEA CONTRACTI BETWEEN THE ISSUING INSURERIS), AUTHORIZED IMPORTANT ifthe cerlficatè holder is anA ADDATONALINSURED, thep palicyles) must have ADDITIONAL INSURED ptovisions or be endorsed. ISUBROGATION. IS WAIVED, subject'tot the terms and conditions oft the poliéy, certain policies may require as endorsement, Astatemerit on REPRESENTATIVE OR.E PRODUÇER, AND7 THE CERTIFICATE HOLDER. this cerlificate does noto confer rghts to the certilicate holder ini lieu ofs such endorsement(s). PRODUCER Galloway Insuranco Agoncy PQBox'8. 13j0sWater Bume! INSURED Bon-Gilhan PHONE NoEn. (512)7 756-2988 ADDRESS: emgplomsynumsasan INSURERAI Santinel! VIBURERISIAFFORDRIGE Insurance Company, COVERAGE LTD INSURERB: Mercury! Insuranca, INSURERC: Travelets PropertyCasualyt Company ofAmerica INSURERD: Hartlord INSURERE: TwinClly Firel Insuranco Company INSURERF: (512) 756-7308 Aer 11000 NAICS 29394 25674 00914 29459 I I 1 TX 78611 GraniWorks, Ins,aNothland' Proparty LLC 2201 NorthlandDrive Austin COVERAGES LTR TX 78756 CERTIFICATE NUMBER: 23-24 Master Cart REVISION, NUMBER: THISIS TO-CERTIFY THAT THE POLICJES OFD INSURANCELISTED! BELC OWHAVE BEENT ISSUED) TOT THEMNSUREDI NAMED/ ABOVE FORT THE POLICY PERIOD INDICATED NDTWIESTANDAGASNE REQUIREMENT TERMORCONDTIOYOF, ANY CONIRACTA OROTHERDOCUMENT WITHRESPECT) TOWHICHTHIS EKCLUSIONS AND CONDITIONS OF SUCHPOLCIES LINIFS-SHOWN MAYHAVEE ECEtEEIENITAAETS BEENREDUCED: BLF PAIDCLAIMS. CERTIFICATE MAY BEI ISSUEDOR-MAY PERTAIN, THEI NSJRANCEAFORDED: TYPEE DRINSURANCE CCAMERCALCENAABLIY CLAEMS-MADE OCCUR GENIAGGREGATEL UMITA APPUESPER: roucr IFe JLoc OTHER AUIONDBKELLBLITY X ANrAutg B CKNED AUTOSONY HIRED AUTOSONLY UMERELLALAB occun C EXCESSLIAD DED RÉTENTORS p;op WOAKESCOWPESATIDN ANDE EMPLOYERS'L HABITY ANYE ATCSZACIEECUNE FRCERAEHAER! EXCLUCEDT ndatcrynNHy ryes,teseroou Undar RIPTIONOP OPERATIONSE below Crimo. E ADDLSUERT INSDwvo POLICY.NUMBER (MNYDONYY PUEYE (MMDOY PGLEYEKP. LIMITS 1,000,000 2,000,000 EACHOCCURRENCE PREMISESEa AMAGEYOKERYED occurrencel $ 1,000,000 MEDEXPIAseNaPnn 10,000 GENERAL AGGREGATE PROOUCTS- COMPAOPAGG S 2,000,000 NGLEMIT s 1,000,000 Eascelaenn BODILFINJURYPer; persen) s s scoaywURtLPrsaiNr FROPERIYDAMAGE s s EACHOCCURRENCS 10,000,000 s 10,000,000 ThnE Tep $ 1,000,000 EL.DISEASE. -EAE EMPLOYEE s 1,000,000 EL DISFASE-POUCYLNT 1,000,000 2,000,000 " Y 65SBAAC2770- 05/22/2023 05/22/2024 PERSONALAADVRARY 1,000,000 SCHEDULEO y Y BA420.000005413 ALAIMS-MADE : y EX-7W91691623-F AUTOS NON-OWNEO BUTOSOHLY 05/22/2023 05/22/2024 .05/22/2023 05/22/2024 AGGREGATE 05/22/2023 -05/22/2024 ELEACHACCIDENT 01/01/2023 01/01/2024 PolicyLimlt IN NIA Y 65WEASSFU2 65KB0358789-23 DECAPIPADFOPARMATONSOCATONSJYANCE (ACORD WAARRiaNpA: mbybra atached! mores spacslaregulad PAARGMCROAMERDNISI.N Patiod: 8/62022108 B16/2023-Agregatel Umit:s3,000,doo CERTIFICATE HOLDER CANCELLATION SHOULDANY OF7 THEABOVE DESCRIBED! POLIDIES BE CANCELLEDI BEFORE THEE EXPIRATION DATE THEREOE NOTICEWILL BEDELIVERED'IN ACCORDANCEY WITHT THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE ForBk Purposos Oaly. KASE / 07988-2015ACORD CORPORATION. Allr rights reserved. ACORD25/2016/03) TheA ACORD name and logo are registered marks OfACORD SRANTWORKS, INC. I PROPRIETARYR CONFIDENTIAL ATACHWENT2-REQUIREDFORMSIPAGE 87 DEVACOUNIKTEAEA "SAS TE RECOVERY MANAGEMENT SERVICES: FEWAPUBICASSTIANCEA AGE HAZARDI MITIGATION. ASIAACIFROCWWPUONG SUPPORT PAGE BBIATTACHMENT2-REQUIREUFORMS PROPRIETARY&CONFDENTALIGRANTWORKS,NC. DELTAS COUNTY,TEASIDRASTEREECOVEMAVAGEMENISERVICES: FEMAFUBLCAESSIANCEE AGE 46 HAZARDMIIGATION. SKINReN STATEMENT OF CONFLICTS OF INTEREST GrantWorks has ideritified, no potential and/or copflicts règarding the company or with key employees. 3 et September 9, 2024 Date Authorized Signatyre Bruce. .Spitzengel, Presidént Print Name & Title 3 - 1 GRANTWORKS.NC.I PROPBEABTACON-DENTAL ATACAMENTI2-REQVREP: FORMSIPAGE 89 DELTA COUNTY,TE'AN [ISASIE! RECOVERYMANAGEMENT SERVICES,FEMAPUBLIASSSTANCE4 AG FAZAROMITIECATIONASSSTAYCEPROGRAMA FUNDINGS SUPPORT PAGE 9OIATTACHMENT2-REQUIREDFORMS PROPRIETARY; & ÇONFDENTIALIGRANTWORKS,ING, PAGE DELTA CMARKAASICASTENRCONNA MANAGEMENT SERVICES-FEMAPUBLICASSSTANCEE HAZARDN MITIGATIONA ASSISTANCE! PROGRAM FUNDINGSUPPORT SYSTEM FOR AWARD MANAGEMENT VERIFICATION SAM.coy Filterby: eyword(ExAcr) Stalus uigamviasgds Active,naclive GRANTWORKS,INC. eActive-eghtration agyPinuypUAguNRasPN PhysicalAddress: CAG6E/NCAGE:5JH22 Entitylnformation: Search Results 1JptalResults Entiy Expiration-Date: Aug15,2025 Purposep'Regstration: AllAwards 2201NORTHLANDDR AUSTIN,TX 78756USA J 1 4 3 3 AgAbAAasPMGNT GRANTWORKS, INC,) ROPBEARYACONPDETVL ATACHMENT2-REQUREQUIREDFORMSIPAGE 91 DELTA COUNTY,TE. A"EISAS EL RECOVERYMANACEMENT: SANCEFMAKANSASSEN RAGE HAZARD MTCATONASISIANACEOGAAFWOINGIRON SAM,GoV Filterby: keyword(EXACT) Status Byucesplzenge!" Actlvçlnactive GBANTWORKS,INC. RAgiveRégisgatiori InguEniyIP.UABNRssO: PhysicalAddress: CAGE/NCAGE:SJH22 Entitylnformation: Search Results 17 TotalResults Entily Expiration Date: Aug15,2025 Purpose ofRegistration: FALLA Awards 2201 NORIHLANDDR AUSTIN,TX. 78756USA 4g25,020A9AEPHGNT PAGE 921 LATTACHMENT2-REQUIRED,FORMS ROPEAR/ACOAPDENTALIGBATWORSINC AGE350 DELTA COUNTY, TEXASIDISASTERRECOVERY/MANACEMENT SERVCESFEMAPVBIC. ASSISTANCE8 HAZARDI MITIGATION AESTACINCGRAMIRUNONG SUPPORT WlhygRRSRR-yA.BPRAT SAM.GOV GRANTWORKS, INC. Urique EnliyiD UZ9NMVFBSGDS Registration Slâtus, Aciva Registration Physical Address. 2201 Northland DR Austin, Texas? 78756-1117 Unlted Stales Doing Businéssas GRANTWORKS INC, CongessionalDisuiat Texas37 Rogistration! Datos Activation! Data Sep 18,2023 Entity-Datés EntilystârtDaié Sep 16,1979 Immodiate,Owner CAGE (blank) HighesiLove/.Owper CAGE [lank; EasgsativeCompgasgion responded tot the quostlons, Proceodings Questions GRANTIRKN INC CAGE/NCAGE 5JH22 Explratlon Date Sep 13,2024 MaillngA Addrass 2201 Northland Drive Austin, Texas78756-1117 Uniteds States Divislon! Name Grantworks Stale Gountry afinçorporalion Tékas/Unltad: Statos Sutimission Date Sop 14,2023 Fiscal Year End Close Date Dec31 LegarBusiness Name (blank) Legal Business Name (blank). Purpose aReglstration AllAwards 3 Division Number (blank) URL htgplhwemaganlworisna Initial Registrallon Dafe Jun 16,2009 1 1 1 Registrants InthpSystem? fot Award Management (SAM) rospondt 1o the! Executive Compensation questlons. In accordancà, with Section:6202 of P.L.110-252, amehding tha Federal Funding. Açcountpbillty. and7 Transparency. Act(P.L. 109-282). This Information Is sent lol USAspending.goy far displayi ini association with an oligibla awarg.Malntalning. ant active (egistration! In SAM demonstrates the registrant Roglstrants! int the Systam! for Awan Managomont (SAM.gov) respond to proçendings questlons in accordance with! FAR 52:209-7, FAR 52.209-9, or2.C.F.R.200 Appendix SI, Thojr responses ara displayod In tho raspnsbilygvaltiation seçtion a!SAM.gov. Maintaining ani active In SAM.I-Is not dIsplayed reglstration Ins SAM.gov domonstrates the registrant responded to the proceedings quostions. Active Exclusions Records? No Yas Businoss Types Edlty, Sipuctyye CorporatoEntiy! (Not TaxEkemply Proli-Strucure. For-Profit Drganizatlon SEOMION Mip Sosiendg- AsApA GRANTWORKS, INC.I ROPAEARYACOAFDENTAL auhorizemyentlysn non.senstiwfinlemmaiomn: tobe displayedin SAM publiçsearch resulls; EnttyType Business or Organization Organization Factors (blanky Jepekufz ATTACHMENT: 2-F REQUIREDI FORMSIPAGE 93 DELTA COUNIKT-I-ACIEN RECOVERY MANCBENTSENCESPENA PUBLICA ASSIANCEPAGE 5o' wOATAONASSIEIRNSNES mpbayCIuAshNAT Socio-Eronomle-ypes SBAS supplerentafpagest durig-rogistratlog. Accepis-Credit GardPaymehis No EFTI Indicalor 0000 Electronic Business A Cecelia. Johnson, SrVicePreslden! Bruca-Splizengel, President Government Business A BryceSplizengel, Presldont ERIÇ HARIZELLEXeaNeVP Past Performance A Cecèlia. Johnson, SrVice Prosidon! BneSpluniwhPastan TIPRKSINE Check ther registrant's Reps Corts,lfpresent,t under FAR: 57:212-3-OrFAR: 52.219-1 tor dotermine tthee eniity isa ans SBA-certified HuBZones business concem.Aaliomsigmait business Information may bet found int the SBA'st Dynamic Small Bysiness Secahirtmapaiyampian, small the, Dab/SubiedTOliset No CAGE Code 5JH22 2201 Northland Driver Ausiln, Texas 78755 Unlteds States 2201 NorihlandDdve Austin, Texas-78756 Unifegsiates 2201 Northland. Drive Austin, Texas.78756 United.States 2201 NorhlandDriya Austin, Taxas? 78756 Unlleds Stales 22011 Northland Drive Austin, Texas78756 Uniteds States. 22017 NaithlandDrye Austa,Ta.78755 UnitodStates NAICS Codes Pdmary Yes NAICS Codes. 541611 NAICS. Tille Services Administrative Managemant. And Generall Management Consulting Yes.thiss entiyappears.ht thod isaslerresponse registry, Bonding Levols (blank); Slales Any Dollars (blank) Countjes. (blank) MeiopalanSalsteathas (blank) SyK 303307 343AGMF hvips SaPNyIRWIRANOParpat PAGE SATATTACHMENTZ-REQUIREDFORMS Page3p? PROPRIETARY & CONPDENTALIGBATMORS INC. AGE352 DELTA COAARKIESSIRANeIceNV MANAGEMENT SERVICES:F FMAPUBICASIANCEA HAZARDI MITIGATION ASSISTANCEE PROGRAMI FUNDING SUPPORT CONFLICT OF INTEREST QUESTIONNAIRE For vendor doirg business with local governmental entity This queslionnaire reflocis changes made 10 tha law by H.B. 23, 84th Leg., Regular Session. This questlonnaire Isb being! liledi ina accordânce with Chapter 176, Local Govemment Code, byay vepdory who Date Reçelvad fias al busiress relallonship. as delined by Sèction 176.001(1-a) with a local governmenta entlty and the Byl Taw this questionnaire must bet tiled wiht ther recards, administratgro ofiiye-loçal govermenta eniily noll later thari thé 7ih business day alterthe date fhes vendor becomes awaret oft facis. that requite the's staterheht fobe Av vendars commis an:p offonse! Ht the vendotk knowinglyyiolates: Section 176.006, Local Govemmenu Code.An Name ofvendor who! has ak business! elationshipi with localg governmental. entlty. FORM CIQ OFFICEUSEONLY vendor méets requicements under Seçtion 176.0p6(a). filed. See-Section 176.906(a-1), Local Goveroment Code. offensp under" this section Is'ar misdemeanor. N/A Checkthis! boxi Ifyouareilling: an update! toap previouslyt filed questionnalre. (Thelawr requirest thaty your filea ant updalèd, completed questionnaire witht the: appropriate Tiling authorily noll later than the 7th! business day. aller the date on which you became aware, that the originally liled questonnaire was incomplete ori inaccurale.) Name oflocal'g government officer aboutv whomt thel Information! Isb being disclosed. N/A Name ofOllicer 41 Describe eache employment or other business relationship with the local government officer, or a famlly member of the officer, as described by Section 176.003(a)12)A)L. Also describe any famlyrelationship: with thel local goverimentolicer. Coriplète subparts Aand Bfore eache employment orb business relationship: descrlbed.. Attach: additional pagestothisForm CIQ as necessary. A. Is the1 local governrient officer brai family member of Ihei officer receiving or! Ikely: to: receiye. laxable Income, other than investmept income; from the vêndor? Yes No B. Isthey vendort recelving grl likely tor recelvet taxablei income, other thant investmen!: income, from orat! the direclion ofi the local governmènt officer or: a family member of the olficer ANDI Ihet tayable Income is nol received from the local goveromental ently? Yés No a Descrlbet each employment ar business relationshipthat" thes vendort namedins Sectionir maintains witha a corporation or bther business.entity with respecti to which the local. government officer serves as an officer. or director, arholds an ownership Intérest of onej percent or more. 5I 71 Checkt this! boxi I1 thevéndor has givén! thel Iqcal government officer oraf farilly member oft thè oflicero one orr more gifts as described in Seclioh 176,003,X2XB), excluding gilts desçribed in Seçlion 176.003(a-1). Dpk September! 9. Date: E 2024 Signature oflvendero doing. Eusiness with the govemmerital entity Formp pipvided! by7 Texas Eihics Commission GRANTWORKS, INC.I AOPRETARYACONEDATAL Www.eihics.siate.KIF Revised 111/2021 ATTACHMENTZ-REQUREDFORMSIPAGE 95. DELTACOUNTYTH'A: 4"SAS TE RECOVERY MANAGEMENT SERVICES: FMARIRICASISTANCEE AG HAZARD! MITIGATION ASSISTANCE ROGKAMAFUNONESUPORT CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copyofc Chapter 176 ofthel Local Government Code may be! oundathtp/wmmasaustmuleslagastato.lxus, DoclGhim/8178/m. For easy.reference, below are some oft the sections.cited on this form. Local Government Code$176.001/1-a 'Business relationship" means at connection! betweent two ormore partjes based on. commercial activity ofo one of the parties. The termo does noti include a corinectionbased on: (A) atransactiont thati iss subject tor rate or fee regulation! bya af federal, state, or local governmental entityoran (B) atansaction conducted-at: ap price and: subject tot terms available to.t thepublic; or (C) ap purchase orl léase ofg goods ors services! froma a persont thati is charteredb byas state ort fedèral agency and fhati Is subject toj regular examination by, andr reporting to, that agency. (a) Alptalgovemmentolter: shallf filea a conflicts disoursaamabwtimpet toavendori if: agency ofaf federal, state, or local governmental entity; Local GovermentCodes17s0032Xland (B): (2) thevendor: (AY has ane employment orother business relationshipwith the! ocalgovermentolicer: rora family member of the officer that results int the officer or famlly member receiving taxable inçome, other than investment income, that exceeds $2,500 during the 12-mnonth, period () ac contraict! betweent thel localg gbvernmental ehtitly andy veridor has been ekecufed; () the local governmental entity, is considering enteting into. a contrac!. with: the (B) has givent tothe! ocal government officerc ora afamily member oft the officer one ormoregifis that have: ana aggregatevalue ofr more than$100 int the 12-month! peripdpreçedingl the datet the () ac contract befweent thel local governmental entity and vendor has beent exeçuted;or (t) thel local governimental entity is considering entering intoà a contràcf with thet vendor. precedingt the date that the officer becomesaware that or vendor; officer! becomes awaret that: Local Government Code 51 176.006(a) and (a-1) withral localg gavernmnèntal: enlily and: (a) Avendorshal! file: a.completed conflict ofi interest questionnaire ift the vendor hasa al business relationship 61) has ane employment or otherbusiness relationshipwith al local goverhment: officèr of that! local goyernmentale entily, brafamilyr member oft the officer, describedk by Section 175:003(a)12XA); (2) has-givena al local goverhfnento officer oft that local goverhmental éntity; oraf famlymemipepofthe offiçer, one ormoreg lsyinlnaaggregalevaue specliedby,Sedtion, 176.003(a)(2XB), excludingany (3) has af family rélationshipwiths a local government officer of thatjocal governmiental entity, (a-1) Thecompleledconllete of] Inferest questionnaire: mustb be fledwithl the appropriate1 records administrator gifte describedby Section 176.003(a-);or noti later thamt the seventhh business day: after! the later of: (1) the.c daterthat the vendor: entity; or "governmentale entity;or (2) the date thev vendor becomes-aware: (A) begins, discussions OFI negotlations to enteri into a contract with thel laçalgovermenta (B) submitst tot thel localgovernmental. entity anapplication, response to'arequestt forproposals 'or blds, corfespondence, or another wiriting related to a potentlal contractwith the-) loçal (A) of an employment or other business relationship with al gcagovemmentalile, or a family: member oft the officer, described by Subsection (a); (B) thatthevendorhas: given one orr more gifts esebpdhy/sbscioneiet (C) ofaf familyr relationship withal local government officer, Form providédby Texas Ethics Cormisslon PAGE 96IATTACHMENT: 2-F REQUIREDI FORMS www.sincs.sialoikis Revisad 171/2021 PROPRIETARYECONFDENTIALIGRANTWORKS,NC. DELACOUNTKTEXSIUSNSIBAFRECOVERT MANAGEMENTS SERVICES:E EMAPVBICASSANCE2 BAGER 4 EAZARDAATIGAIONASSSTANCEPROCEANFUNDNGSUPPORT Certification Regarding Lobbying (To be submitted with each bid or offer exceeding! $100,000) The undersigned- certifies, to the! bèst of his or her knowledge and belief, that: (a) No! Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person fori influencing or attempting.toi inflyence an officer or employee of an agency, a Member of Congress, an offiçer or employèe of Congress, or an employee ofan Member of Congress in connection with the awarding ofa any Federal contract, the making of ariy Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the. extension, continyation, renewal, amendment, or modifiçation gf any Federal (b) Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attemptingto influence àn officer or employee. of any agency, a Member of Congress, an officer or employee of Congress, pr an employee ofa ai Member of Congress in connection witht this Federal contract, grant, Ipan, or cooperative. agreement, the undersignedshall complete ands submit Standard Form-LLL, "Disclosure Form (c) The undersigned. shall fequire that the language paragraph 1 and 2 of this anti-lobbying certification be included-In the award documents fora all subawards at all tiers (inçluding suhcontraciysubogrants, and contracts undergrants, loans, and cooperative agreements): andi that all recipients. shall certifya and disclose accardingly. This certification: is a, material representation offact upon which reliance was placed when: this transaction was made pre entèréd into. Submissiont of this certification is ap prerequisite for making, or entering into this transaction The Contractor,. GrantWorks, Inc. certifies or affirms thet truthfulness and accuracy of each: statement ofi its certification and disciasure, if any. In addition, the Contractor understands and agrees that the provisions of 31 contract,grant, loan, orcooperatweagrement. to ReportLobbylng." inaccordance with jts instructions. imposed. by 31, U.S.C. 51 1352 (as amended bythe Lobbying Disclosure. Act of1995), US.CS380letseq, applytpt this certification and disclosure; ffany. Official L Bruce. J.Spitzengel. President September 9, 2024 Date Printed Name and" Title of Contractor's Authorized Official GRANTWORKS, INC.I PAOPREARYACONEDENTAL ATAGMENI2-REOURED, FORMSIPAGE 97 DELTA COUNTYTE'A'EFAS EF RECOVER/MANAGENENT SERVICES,FEMAPUBLICASSESTANCER AGE HAZARD. MITIGATION, ASSISTANCER PAOGAMFUNONCSUPORT PAGE 9BIATTACHMENT2-PEQUREDFORMS PROPRIETARY CONFIDENTIAL/GRANTWDRES,INC. DELTA COUNIV,TEXASIDSASTERRECOKERYMANAGEMENTS SERVICESFEMAPUBLICASSISIANCEE PAGE356 FAZABD.MTIGATION. ASSSTANCEFROGRANARAAEUNONGSUPORT Approved by. OMB 0348-0046 Disclosure ofLabbying Activities (See rèverse for public burden disclosure) Status of Federal Action: a. bid/offerlapplication b.i initial award C. post-award Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 Type of Federal.Action: a..contract b. grant C. cooperative agreement d. loan e. loan guarantee f. loan insurance Prime Report Type: à. initial filing b.n material change % Name and. Address of Reporting Entity: IReporting Entity in No. 4 Is Subawardee, Enter Subawardee Tjer_ if Known: Name and: Address of Prime: Congressional District, ffl khown:. Federal Department/Agency: Congressional District, if khown: 7. Federal Program Name/Description: CFDA Number, ifapplicable: 9. Award Amount, ifknown: address ifdifferent from No. 10a) (last name, first name, MI): Federal Action Number, f known: $ 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including (ifi individual, last name, first name, MI): 11. Information requested fhrough this form is authorized by title 31 U:SC.section 1352. This disciosure of lobbyirig activities is a materia! by the tier above when this transaction was made or entered into." This disclosure is required pursuant to: 31 Title: U.S.C. 1352, This information will be reported to the Congress semi-annually and will be ayailable for publiç inspection.Any person who falls to filei the required disclosure shall bes subjectto a civil penalty of not less than $10,000 and not more than $100,000 for each 'such Signature: Tiue representation offact upon which rellance was placed Print Name: Biuce.Soizengel Prèsident Telephone No.: 1512)420-0303 Date: September 9, 2024 fallure. Federal Use Only Authorized for Local Reproduction Standard Form -LLL (Rev.7-97) GRANTWORKS,INC. PROPRIETARY R-CONFIDENTIAL AITACHMENT2- REQUREDFORMSIPASE 99 DELTA COUNTY,TE'AE EAS EF RECCVER/MANAIGEMENT SERVICESFEMAPUBLICASSISTANCER PAGE HAZARDI MITICATION ASSISTANCEF PROGRAMF FUNDING! SUPPORT INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OFI LOBBYINGACTIVITIES This disclosure' fomm shall'bed completed by the reporting entily, whether subawardee. orp prime Federal recipient, att the initiation or rece/pt of a covered Federal action, pr a material change to aj preyidus filing, pursuant to tille 31 U:S.0. section 1352. Thet filing of at form fs required: for eàch payment or agreement to make payment.to any. lobbying fori influençing or. attèmpting toi infuenice an officer àf employee of any agency, a Member of Congress, an officer eptiy oF employee af Congress, or an employee of a Merber of Congress In connection with a coyered, Federal action, Complete alll jlems thatapply forbpth the Initial filing and material change report. Refer tol thel Implementing guidancé 1. Identify the lype ofo covered Federal action for which lobbylng activity Is and/or has been secured foi infipence. 3. Identify"t the appropriate cléssificatlon oft this teport. If this is ai follow-ap repart çaused by: a material change to: thei informalion previausly reparted, entert thèyear and quarter in which thet change.gccurred. Enter! Ihe daterof the last 4, Entert thei full name, addréss, city, State and: zip code oft ther reporting entify, IncludeConguassionain Distict,f known, Check Ihe appropriate Classification" 'oft the reporting entity that designates fitis, or expects to1 be, a primepr subawardrecipient. Identify the! tierofthes subawardee, e.g., thet firstsubawardee oftherprime isthe 1sftier. Subawards 5. lftheto orgapization flingt the reportini item 4 checks." Subawardee," then enter thé full name, address, cily, Slate 6. Entert the name.oft thet federalagency making! the. awardorloan commitment. Include: atl least.one organizational level belowa agehcy name, ifknown, For éxample, Department ofTransportation, Uhited States CoaslGuard, 7.. Enter thef Federalj program-name pr descrlpfiont for the covered Federal action (item 1). Jfkinown, enter the! full Catalog pf' Federal Domestic Assistance (CFDA) number for grants, cooperalive agteemènts, 1gans. ànd. (oan 8. Enter ther most appropriate Federali identifying number available for the Féderal aclian dêntigedinitem 1eig., Requestfor Proposal (RFP) number, Invitations for BId( (IFB) number; grant announcement number; the confract, gran!, orl loan award number; the applcalion/proposal control number assigned by the Federal. agency). included prefixes, 9. Forad coverèdFederal: action.where there! has been an: award orl loan commifment! by the Federal agency, enter 10. (a) Enter the full hame, address, cily, Slate and zip code of the lobbying registrant under the. Lobbying. (b) Enfer the full names of the individuai(s) performing services, and include full address fdifferent from' 10(a). Enter 31. The cedifying olfiçial shall sign and date thet form, print his/her name, title, and telephorienumber: Accordingt to the Paperwork Reduction Act, as amended, noy persohs arer requlred toT respand toad collectionoft informallon unless It displays a Valid OMB confrol Number. The valld OMB control number fort this information. collection is OMB No. 0348-0046. Public reporting burden for his collection ofi informationi is estimàted lo averaye 101 minutes per response; Including time for reviewlag Insinyclons,sgarchinge exislingdatas sources, gatheringandr maintaining! the datal needed, ando completing amdpevpuiglhrgaledpn of1 informalion. Send commênts régarding the burden estimate or any other aspect. of this colleclion of Information, including suggestions for reducing Ihis: burder, lo the Office bf Management and Budget, Papenwprk Reduction Rrojec! (0348-0046), published by the Office of! Management and Budgetf for additional information. the bulcomé ofac covered7 Federala action. '2. Identify the-status- oft thes çovered Federal, action. previously submited report! by! thisT reporting entily for this covered Federal action. Include buta are noll limited" los subcontracis, subgranfs and contract awards under grants. 'and: zip code oft thej prime Federal reciplent. Include Congfessional District, ifknown, commitments. e.g., RFP-DE-90-p97. Ihe Federala amount oft the award/loan commjtment for the prime entily Identifiedi in Item 4or 5. Disclosure-Act B 9f1995 engaged by fher reportinge entity Idenlified ini item 4 toinfluence the covered Federal action. LastN Nâme, First Name, andJ Middle Initial (MI). Washington, DC2 20503. DELTA TOUNIPKITEMA.GAKRCOKEKYUANAGEMENT SERVICES:FEMA! PUBLICAESESIANCEA 2AGE358, HAZAPO/MTICATIONASSIANCEFAOCAMARAMFUNDINGSUPPORT (To be completed br: asvarded vendut) CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1- 4 and. 61 Ifthere are interested parties. Complete Nos. 1,2,3,5, and 61 ffthere are) no interested parties, Name of! business entityt filing form, and the city,state: and country ofihe! business 2 Name ofe govemmental entity ors state agency thati is a party to the contract for FORM 1295 OFFICEUSEONLY entity's plabe ofbusiness. which-thet form Tsbeing filed. de 3 Provide the identification number used! by thes govemmentalentily orstate: agency fot tagk pridentifythe contract, and providez a description ofthesgrvices. goods, orotherproperty! MameofinterstedPary Cily, State, Country (place (checka appljcable). Intermediary 3 K 7 Checkonly My: My: Executedin_ and my date ofbihs (ciry) dayoi_ (street) dip peryt thatt thet foregoing is tue: ard garpct. Conly. Sate of_ (sus) (zipo code) fcpunty) on! the. 20 (month) lyear) [Declarant) 2 Signature of: authoriad. agent ofc contracting business eniy ADD ADDITIONAL PAGES. AS NECESSARY Fommg privided by7 Texast Ethis,Commissica GRANIWORKS, INC.I PROPRIETARY & CONFIDENTIAL wnvehis.ssate.us Revised 12/232017 ATACAMENT2-REQURED FORMSIPAGE 101 VOLTT PAGE 359 D L 0 U VOLTT PAGE 360 GOVERNMENT CAPITAL COMOON Financing Proposal Prepared For Delta County September 9, 2024 Submitted By Government Capital Corporation 345 Miron Drive Southlake, Texas 76092 Cody Thomas Municipal Finance Specialist 817-722-0208 VOLTT PAGE 361 GOVERNMENT CAPITAL FOORATION Table of Contents Corporate Overview Representative Experience Partial Listing ofTexas County Clients Proposal Summary Resolution 3 3 4 5 6 VOLTT PAGE 362 GOVERNMENT CAPITAL OTRORANONI Corporate Overview Govemment Capital Corporation (GCC) wasi foundedi in 19921 with thej primarypurpose ofprovidingt tax-exempt financing solutions for state and local goverment entities including cities, schools, counties, and special districts. Since our inception, GCC and its affiliates have provided financing solutions exceeding $6 billion for many different types of projects. These financings have provided finding for a wide variety ofmunicipal needs including vehicles, technology, facilities, and heavy-duty equipment. Our team possesses extensive experience assisting state and local governmentai entities of all types in creating, evaluating and implementing: financing structures ofeveryt type authorized by various statel borrowing authorities. Although we: serve clients in: all 50s states, since Texas is our home, one of our primary areas of focus is assisting Texas counties with acquiring essential personal property and equipment. Since our inception, we've been honored to provide financing solutions for 152 Texas counties, representing 60 percent ofthe counties int the state. Ini many cases, wel havel helped our clients adaptt to and comply with regulatory changes as well as enable them to execnte financings more rapidly, efficiently, and economically. Representative Experience Webb County. - Govemment Capital Corporation's relationship with Webb County has spanned over two and a half decades and involved a wide variety ofprojects. From the first acquisition ofc computer equipmenti in 1998 to modular buildings and copiers in the early 2000s toi thei more recent acquisitions ofs software, vehicles, and heavy work equipment, Govemment Capital has become Jim Wells County-C Govemment Capital and: Jim Wells Countyl have partnered together on over two dozen: financings since 2011. Thet transactions have facilitated a Iarge array of acquisitions including police vehicles, election equipment, fire trucks, and: more. In 2022 alone, GCCI provided funding fors sheriffvehicles, amotor grader, ands a workt truck fort the comty'sinfastruchure projects. Hudspeth County. - Hudspeth County and GCCI have worked together since 2010 on multiple equipment acquisitions. At the end of 2022, Govemment Capital funded the purchase ofa a Freightliner work truck for the county's Solid Waste Department. The addition oft the fruck tot the: fleet allowed for shorter and more efficient routes, saving the department miles and manhours. Runnels County-Runneis County hast turned to Govemment Capital to: fulfill their financing needs since! 2002. GCChas) provided finding for the acquisition of software and a variety ofheavy equipment including Freightliner work trucks, tractors, and a water truck. Most recently, Runnels County partnered with Government Capital to acquire updated election equipment, providing its Henderson County-G Government Capital has partnered with Henderson County on multiple projects since 2007. In recent years, GCC1 has funded the acquisition ofnumerous types ofheavy equipment including a reclaimer, a track loader, and a site boss. The Zapata County - Government Capital has provided: financing for Zapata County for over 20 years. With GCC's assistance, the county has acquired software, waste disposal vehicles, al body scanner, and other essential equipment. Additionally, Govemment Capital provided funding to the county's' Water Works Department: for: as sewer: and water meter improvement; project. Montague Conty-Montague' County and Government Capital have partnered together: for more than a decade on over a dozen financings. Mostrecently, GCCprovided: flunding fort thes acquisition ofad drumi roller, multiple vehicles, and: amotor grader fort the Webb County'st trusted go-to] partner for all their financing needs. citizens with ar more efficient ands secure voting process. equipment has been used throughout the county toi improvei infrastruchure and serve the community. comnty/sintfastnuchurei improvement projects. VOLTT PAGE 363 GOVERNMENT CAPITAL EORHORAHICI PartialListing of Texas County Clients Dawson County. Gillespie County Zavala Countv Jim Hogg County Leon County Lavaca County Navarro County La Salle County Comanche County Austin County Hill County Blanco County Van Zandt County Hamilton County Parker County Basque County Matagorda County Freestone County VOLTT PAGE 364 GOVERNMENT CAPITAL EOMOOE September 9, 2024 Constable Elmo Robinson Delta County (903) 395-4400 ext 9316 Obnancelscouyeceon Dear Constable Robinson, following proposed structure: ISSUER: FINANCING STRUCTURE: EQUIPMENT COST: TERM: INTEREST RATE: PAYMENT AMOUNT: PAYMENTS BEGINNING: Thank you for the opportunity to present proposed financing for Delta County. Iam submitting for your review the Delta County, TX $70,514.00 5 Payments 5.923% $16,704.72 Public Property Finance Contract issued under Local Government Code Section 271.005 61 Payments 5.997% $14,338.56 One year from signing, annually thereafter Financing for these projects would be simple, fast and easy due to the fact that: Please keep In mind we may aiso need current year statements. We can provlde famillar documentation for your legal counsel. Wel have an existing relationship with you and have your financial statements on file, expediting the proçess. The above proposal Is subject to audit analysls, assumes bank qualification and mutually acceptable documentation. The terms outlined herein are based on current markets. Upon credit approval, rates may be locked for up to Fourteen (14) days. Iffunding does not occur within this time period, rates will be Indexed to markets at such time. Our finance programs are flexible and as always, my job is to make sure you have the best possible experience time you Interact with our brand. We're always open to feedback on how to make your experience better. If you every have any questions regarding other payment terms, frequencies or conditlons, please do not hesitate to call. With Best Regards, Coly / Phonar Cody Thomas Municipal Finance Speclalist Maln: 817-722-0208 The transaction described! hereln Is ana arm's length, commerclal transaction! betweeny you and Govemment Capital Corporation, The terms afthe proposed fnancng are belng provideds solely In response toy your spedfic Inqulry and fory your professional conslderation. VOL TT PAGE 365 GOVERNMENT CAPITAL CORROTAION RESOLUTION "Police Vehicle" A RESOLUTION REGARDING A CONTRACT FOR THE PURPOSE OF FINANCING A WHEREAS, Delta County (the "Issuer") desires to enter into that certain Finance Contract by and between the Issuer and Government Capital Corporation ("GCC") for the purpose of financing (a) "Police Vehicle". The Issuer desires to designate this Finance Contract as a "qualified tax exempt obligation" of the Issuer for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. NOW: THEREFORE, BE: IT1 RESOLVED BY Delta County: Section 1. That the Issuer will enter into a Finandé Contract with GCCfor the purposeoffinancing Section 2. That the Finance Contract by and between Delta County and GCC Is designated by the Issuer as a "quallfied tax exempt obligation" for the purposes of Section 265 (b) (3) of the Internal Revenue Section 3. That the Issuer appoints the County Judge or the County Judge's designee, às the authorized signer of the Finance Contract by and between Delta County and GCC as well as any other ancillary Section 4. That should the need arise, if applicable, Delta. County will use loan proceeds for reimbursement of expenditures related to the Property, within the meaning ofTreasury Regulation S 1,150- a' "Police Vehicle". Code of 1986, as amended. exhibit, certificate, or documentation needed for the Contract. 2, as promuigated under the Internal Revenue Code of 1986, as amended. This Resolution has been PASSED upon Motion made by Commissioner Jakur seconded by Commissioner. Cay this. JOF duy aFRk,2024. by a vote of 5 too and 'is effective Issuer: Delta County Witness Signature - askobuto Name: Joricllcheris Name: Tonechtlr County Judge County Clerk OGOVERNMENT CAPPA1366 GORPORATION TRANSACTION INFORMATION SHEET - General Equipment Legall Name ofE Entity/Obllgor: Physical Address: City: Contact Person: Phone (101 Dlglt): Emall Address: Name of Authorized Signer: Name of Board Presldent: Board! Secretary/Clerk: Attorey Contact: Attorney Emall: Send Involes/AttentionTo: Invoice Address: Total Costo of Equlpment: $ Down Payment: $ Trade In: $ Other: $ Amount to! Finance: $ Federal Taxi ID# State: County: Title: Fax (10 Digit): Self-Insured? D Yes a No Title: Date ofB Board MeetingAction (pastarfuture): -Attorney-Phone: Law FimNime: Zip: 1 $ M State:. City: .Zip: Term yearsl-Reguestad: Sourceiof Pàymhent Amqunt: DownilPymstunenimek; $ Dellvery Date: * 1 Payment: : D Monthly E-duartèly Es Séml-Annual D Annual Has entity made: any payment fora any portioh ofe equipment belngf financed? ENo Ees/lfyes, explain: Has thes entitye ever defaulted or non-appraprlated. on al lease, bond, or legal obligation? Dyès EINo Doy you: anticipate Issuing: more than $i0,000,0001 int tax-exempt deht Int thiscalendaryear? Elyes B3No 1.. 5petiAlstiltaspedle): From which fund willt thet remalningephtract; payments be made? G Gèneral % Has Obligor Issued any new debt ini the current fiscaly year? Byes No Ifsoplease listo creditorr name: and outstanding balances: Equlpment Description: Essential Use: [Mear,! Make, Model, Etc.- Attach VendorP Prpesa/putgargontac) IFthe equipment Is Replacement, please providet thefollowing: Age oft the older equipment (years): Ifnot Replacement, pleasep provide why-the equlpmentnéeded: R Physical location ofe equlpment S,- after delvery: % à * Year Purchased:. Special Notes/Comments: Addltional! financla! Infommation: mayk be: raquesfed ifdeomedi necessary during fransaction. revlew. thal Bysigning bostofmykowletiy. thls application Obligor represenfative agrees fo the following statement: "Everything stafedi in this application. toc complofe the rdltrovlowpracuss" Obligee Is authorizadtos varlyanyintermation on this applIcationt with an appropriato third partyas Is corractto nocossary Completed By! Signature): PPh Printed Name: Elmo Kobinson Printed Title: Date: Constable 9-10-24 Rev1213 E VOLTT PAGE 367 TANNER CRUTCHER COUNTYJUDGE June. 17, 2024 Estonian Solar, LLC Attn: Enel Green Power North American Inc. 16105 W. 113th Street, Suite 105 Lenexa, Kansas 66219 NOTICE OFDEPAULTUNDER TAX ABATEMENT AGREEMENT YOU. ARE HEREBY NOTIFIED OF THE FOLLOWING DEFAULTUNDER YOURT TAX ABATEMENT AGREEMENT WITH THE COUNTY.) FAILURE TO CURE THIS DEFAULT WITHIN THE' TIME. PERIODS PROVIDED BY THE. AGREEMENT SHALL RESULT IN CANCBLLATION OF THE TAX. ABATEMENT AGREEMENT AND, IF PERMITTED,RECAFTURE OF' TAXES ABATED PURSUANTTO THE. AGREBMENT. Re: Tax. Abatement. Agreement- Chapter 312 Tax. Abatement Agreement (the "Agreement') dated. January 27, 2021 between Delta County, Texas and Estonian Solar, LLC, formerly known as 249RD 8me! LLC Ladies and Gentlemen: This letter will serve as a: formal notification of default pursuanti to Section Vm Be advised that Estonian Solar, LLCisi in breach of the. Agreement duet to its failure to complete thej project within the timeframe identified in the Agreement, Specifically, a. Project Completion Date ofMarch 1, 2023 was agreed upon per Section H(C) ofthe Agreement. Section VIIC ofthe Agreement provides Delta County with the right to terminate the Agreementi ift this event of default is not cured within the timeffemepreseribed. in the "Default, Remedies and Limitation ofLiability" ofthe. Agreement. Agreement. Pursuant to Section VII oft fhe. Agreement, Estonian Solar, LLC, LLCI has sixty days from the date ofreceipt oft this notification to cure the event of default described above. Int the event a cure: is not: forthcoming to the satisfaction ofDelta County within the prescribed timeframe, the County will exercise its right to terminate the agreement and provide notice to Estonian Solar, LLC, per the requirements of Section. XIC ofthe. Agreement. 200 West Dallas Avenue [ Cooper, Texas I 75432 IP( (903)395-4400 ext. 9301 IF( (903)395-2178 rtetpelrounyucon Page elof2 VOLTT PAGE 368 TANNER CRUTCHER COUNTYJUDGE MEMORANDUM August 29, 2024 Estonian Solar, LLC Atfn: Enel Green Power) North. American Inc. 16105 W.113Street, Suite: 105 Lenexa, Kansas 66219 NOTICE OF TERMINATION OF TAX ABATEMENT AGREEMINT Re: Tax Abatement. Agreement- Chapter: 312 Tax Abatement. Agreement (the "Agreement") dated Jannary 27, 2021 between Delta County, Texas and Estonian Solar, LLC, formerly known as: 249RD 8me LLC Ladies and Gentlemen: the. Agreement. This letter will serve as a formai notification ofDelta County's intent to terminate thet abatement agreement pursuant to Section' VIII "Default, Remedies and Limitation Delta County has not: receivedar response to thel Notice ofDefault issued on. June In the notice, Estonian Solar, LLC was advised that it is in breach of the. Agrcement due 17,2024. to its failure to complete fhe project within the timeframe identified in the Agreement. Specifically, a Project Completion Date ofMarch 1,2023 was agreed upon per Section I(C) ofthe Section' Villofthe Agreement provides Delta County with therightt to terminate the. Agreement Agreement, if this event ofd defnulti is not cured within the timeframe prescribedi in tho Agreement, Pursuant to Section VII oft the Agreoment, Estoninn Solar, LLC, has had over from the date ofreceipt ofthel Notice ofDefault to cure the event ofdofault described sixty above. days date no cure or response ofo any kind has been submitted to Delta County. Bes advised that Delta County wili consider the formal termination oft the around Soptember 10, 2024.Int the event this termination: is: approved by the Commissioners agreement on or acopy of the corresponding Resolution and Order will be provided to Estonian tax ofLiability"of To Court, Solar, LLC, per ther requirements ofSection XI ofthe Agreement. Sincerely, be Hon.' Tanner Crutcher County. Judge Delta County, Texas Cc: Commissioners' Court ofDelta County, Texas JeffSnowden,' Principal, Capox Consulting Group Edgar). Garrett, County. Attomey, Delta County, Texas Cameron: Lenahan, Assislant County, Attorney, Deita County, Texas ) 200 WestDallas. Avenue I Cooper,' Texas I 75432 IP( (903): 395-4400 ext, 9301 IF(903)395-2178 owh-@lahouay.ce Pagelof1 VOL TT Gnci PAGE 369 W Enel Greon Pawor Estonlen Solar Projact, LLC 100 Brickstone Square, Suite: 30D- -Andover, MA01B10-USA T+1 9786811 190D - O Green Power ViaFedEx September 3, 2024 1 : R: Honorable Tanner Crutcher County Judge Delta County, Texas Delta County Courthouse 200 W.Dallas Avenue Cooper, TX75432 Email: countyuage@de.tacountylx.org Re: Estonian Solar Project 1 Chapter 312 Tax Abatement Agreement - Response to Notifications ofDefault and Termination Dear Judge Crutcher: : Reference is made herein to the Chapter 312 Tax Abatement Agreement between Delta County, Texas ("County") and Enel Green Power Estonian Solar Project, LLC fka 246RD 8me LLC ("Estonian"), dated on or about January 27, 2021 (the "Agreement"), County's Notification of Default dated June 17,2024 ("DefaultNotice"): and Notification ofTermination dated. August 29, 2024 ("Termination Notice" and together with the Default Notice, the "Notices"). Capitalized terms used herein but not defined have the same: meaning as used in the. Agreement. This is to respond to the Notices regarding an alleged breach ofthe. Agreement due to ai failure to timely complete construction ofthe Project per Section II(C) ofthe. Agreement. Section I(C) of the Agreement states that "Owner anticipates that the Project and Improvements will achieve Commercial Operation by no later than March 1, 2023" (emphasis added). Estonian believes that Section I(C) ofthe Agreement provides for an anticipated date ofcompletion: butdoesnotrequire that the Project achieve COD by March 1, 2023. Therefore, no breach has occurred under Section II(C) ofthe. Agreement and no grounds for termination ofthe Agreement exists. The Project has been materially delayed due to supply chain issues with solar panels and interconnection restudies required by the utility that were outside ofEstonian's control. Estonian is diligently prosecuting the construction oft the Project and expects to achieve Commercial Operation before the end ofthe O year. ExeMAOET PAGE 370 Tax Abatement Agreement between Delta County, Texas and 249RD 8me LLC State ofTexas County ofDelta This' Tax. Abatement Agreement (the "Agreement") is made and entered into by ànd between Delta Courtty, Texas (the "Couty"), acting through its duly elected officers, and 249RD 8me LLC, a' Texas limited liability, owner ofEligible Property (as hereinafter defined) to bel located on real property located in the Reinvestment Zone(s) described in this Agreement. This Agreement shall become effectiveupon: final signature by both partles (which date shall be the "Effective Date") and shall remain in effect until fulfillment of the obligations described in Paragraph IV(D), unless terminated earlier as provided herein, L Authorization This Agreement is authorized and governed by Chapter 312 of the Texas Tax Code, as amended, and by the Guidelines and Criteria (as defined bolow). II. Definitions As used in this Agreement, the following terms shall have the: meaning set forth below: A. "Abatemen!" means the full orpartial exemption from the County Property Taxes, on B. "Abatement Period" means the ten-yearperiod described: inl ParagraphlV(B)Q ofthis C. "Base Year"means the Calendar Year in which the Effective Date occurs. D. "Calendar Year" means each year beginning on. January 1 and ending on.December31. E. "Certificate" means a letter, provided by the Owner (as defined below) to the County that certifiest thati the. Projecto and Improvements: have achieved Commercial Operations, outlinesthel Project and Improvements (includedthose thatare still under construction), and states the overall Nameplate Capacity ofthe Project and Improvements. F. "Certified Appraised Value,' " means the appraised value, forproperty tax purposes, of Owner's Eligible Property (including the Project and Improvements) within the Reinvestment Zone(s) as certified by the Delta County Appraisal District ("County property in al Remyestment Zone(s) as providedherein. Agreement during which the. Abatement will apply. Appraisal District") for each tax year, ) Tax Abatement. Agreement Deita County, Texas, 249RD 8me LLC January 2021 ExaPbyr PAGE 371 G. "COD" means the date that the Project and Improvements commence Commercial H. "Commercial Operations" means that the Project and Improvements have become commercially operational and placed into service for the purpose of generating I. "County Property Tax" means any and all current or future property taxes imposed by the County including but not limited to Maintenance and Operations (M&O) ad valorem taxes, Interest and Sinking (&S) ad valorem.taxes, and road and bridge ad valorem taxes, as well as any other property taxes or similar charges that the County J. "Default Notice" means a written notice delivered by one party to the other tmder Pangaphvi(A)ofhisA Agreement, DefauitNotices-must be delivered in accordance K. "Eligible Property" means property eligible for Abatement under the Guidelines and Criteria, including: new, expanded, or modemized buildings and structures; fixed machinery and equipment; power generation, and transmission facilities; site improvements; office space; other related fixed improvements; ofher tangible items necessary to the operation and administration of a project or facility; and ail otherreal and tangible personal property permitted to receive tax abatement by Chapter 312 of the Texas' Tax Code and the Guidelines and Criteria. Taxes on Eligible Propertymay be abated only to the extent the property's value for a given year exceeds its value for the Base Year, Tangible personal property located in the Reinvestment Zone(s) atany time before the date the. Agreement is signed is not sligible for. Abatement. Tangible personal property eligible for. Abatement shail: noti include inventory or supplies. L. "Force Majeure" includes events not reasonably within the control oft the parly whose performance is sought to be excused thereby, including the following causes and events: acts of God and the public enemy,. strikes, Iockouts or other industrial disturbances, inability to obtain material or equipment or labor due to an event that meets the definition of a Force Majeure, wars, blockades, insurrections, riots, epidemics, pandemics, landslides, lightning, earthquakes, fires, storms, floods, ligli water washouts, inclement weather, arrests and restraint of rulers and people, interruptions by government or court orders, present or future orders of any regulatory body, civil disturbances, explosions, breakage or accident to machinery or lines, freezing oflines any-laws, rules, orders, acts or restraint of government or governmental body or court, or the partial or entire failure offuel supply or any other event that is beyond the M. "Guidelines and Criteria" means the Guidelines and Criteria for Granting Tax Abatements in Reinveshment Zone(s), adopted by the Delta County Commissioners Court on. August 10, 2020 (the "Guidelines and Criteria"), a copy ofwhich is attached 2 Operations. electricity for sale on one or more commercial markets. may impose. with the: requirements ofParagraph: XIofthis. Agreement. reasonable control oft the party claiming Force Majeure. hereto as Attachment! B to this. Agreement. Tax. Abatèment Agréement Delta County, Texas, 249RD 8me LLC January 2021 Bveuply TT PAGE 372 N. "Lender" means any entity or person providing, directly or indirectly, with respect to the Project'and Improvements any (a) senior or subordinated construction, interim or long-term debtfinancing orrefinanoing, whethert that finmoingorrefinmeing takes the form ofj private debt, public debt, or any other form of debt (including debtfinancing or refinancing), (b) al leasing fransaction, including a sale leaseback, inverted lease, or leveraged leasing struoture, (c) tax equity financing, (a) any interest rate protection agreements to hedge any of the foregoing obligations, and/or (e) any energy hedge provider. There may! ber moret than one! Lender. Owner, ati its election,may send written notice to the County with the name and notice information for any) Lender. 0. "Local Outreach Plan" means the plan attached toi this Agreement as AttachmentD. P. Nameplate Capacity" means the total or overall generating capacity of the photovoltaic solar panels inoluded in the Project and Improvements on the Site (as "Notice of Abatement Commencemen!" has the meaning assigned in Paragraph R. "Notices". means all notices, demands, or other communications ofa any type given shall be given in accordance with this Section, including Default Notices. S. "Owmer," on thel Effective Date, means 249RD 8me LLC, a Delaware limited liability company, the entity that owns the Eliglble Properly for which the. Abatement is being granted, and also includes any assignee or successor-in-interes: of such party. An "Affiliate"ofan Ownermeans any entityt that direotly ori indireotlythrough one ormore intermediaries, controls or is controlled by or is under common control with such Owner. Forpurposes ofthis definition, "control" of an entitymeans () the ownership, directly or indirectly, offifly percent (50%) ormore ofthe voting rights in a company oro otherlegal entity or (ii) theright to direct themanagement or operation ofsuch entity whether by ownership (directly or indirectly) of securities, by contract or otherwise. T. "Payment In Lieu of Taxes" or "PILOT" means a payment made by Owner to the U. "Project and Improvements" means Eligible Property meeting the definition for improvements provided by Chapter 1 ofthe' Texas Tax Code and includes, but is not limited.to, solarpower generation, transmission equipment, any building, structure, or fixture ereoted on or affixed to the land and energy storage related improvements as V. "Reinvestment: Zone(s)" means 1) the Teinvestment zone(s), as that term is defined in Chapter312 ofthé' Texas' Tax Code, created byl Delta County tol bel known as the "Delta County Reinvestment Zone Number 1" by that certain Resolution Adopting and Designating al Reinvestment Zone in the Jurisdiction ofDelta Comty, Texas, adopted designated in ACunits). IV(B)(6) ofthis. Agreement. County described in ParagraphIV(F) ofthis. Agreement, defined in Paragraph IV(G) oft this agreement. ) Tax. Abatement. Agreement Delta County, Texas, 249RD &me LLC January 2021 ExeMALOT PAGE 373 and approved by the Delta County Commissioners' Court on October 5, 2020, a copy W. "Site" means the portion ofthe Reinvestment Zone(s) leased or owned by Owner and on which Owner makes the Project and Improvements and installs and constructs the Eligible Property for which the Abatement: is granted hereunder. The site is described X. "Term" means the period commencing on the Effective Date of this Agreement and ending on December 31 ofthe fifteenth Calendar Year after the commencement ofthe ofwhich resolution is, attached as Attachment/ A to this. Agreement, on Attachment C toi this Agreement. Abatement Period. m. Project and Improvements in KemyestmentZonete) Owner anticipates constructing the following Projeot and Improvements on the Site: A. Owner anticipates constructing Improvements on the Site consisting ofa photovoltaic solar powered electricity generation facility (the "Project and Improvements"). The Project and Improvements are anticipated to consist ofsolarequipment located in the Reinvestment Zone(s) with a total Nameplate Capacity of approximately 150 megawatts AC. Thet totalNameplate Capacitywill varydepending on the type ofs solar equipment used and the size of the Project and Improvements but shall at a minimum equal 100 megawatts AC. The Certified Appraised Value will depend upon annual B. The Project and Improvements will also include any other property in the Reinvestment Zone(s). owned or leased by Ownermeeting the definition of"Elgible Property" that is used to produce eleotricity and perform other functions Telated to the production, distribution, and fransmission of electrical power, or that is otherwise C. Owner anticipates that the Project and Improvements will achieve Commercial 2 appraisals by the Delta County Appraisal District. related toi the production of electricity. Operations by no later than March 1, 2023. IV. Term and Portion ofTax Abatement; Taxability ofProperty A. The County and Owner specifically agree and acknowledge that Owner's property in the Reinvestment Zone(s) shall be taxable in the following ways before, during, and 1. Property not eligible for Abatement, ifa Cany, shall be fully taxable at all times; 2. The Certified Appraised Value of property existing in the Reinvestment Zones prior to execution ofthis Agreement shall be fully taxable at all times; after the Term ofthis. Agreement: Tax. Abatement Agreement Delta County, Texas, 249RD 8me LLC January 2021 BxeALT PAGE 374 3. Prior to commencement of the Abatement Period, the Certified Appraised Value of real and personal property owned by Owner located in the 4. During the Abatement Period, 100% of Delta County's County Property Taxes on the Certified Appraised Value of the Eligible Property shall be abated for thej periods and int the amounts as provided forb by ParagraphIV(B) 5. After expiration of the Abatement Period, 100% the Certified Appraised Value of reai and personal property owned by Owner located in the Reinvestment Zones shall be fully taxable at all times, including during the Reinvestment Zones shall be: fully taxable at all times; below; and remainder ofthe' Term. B. The County and Owner specifically agree and acknowledge that this Agreement shall provide for tax Abatement, under the conditions get forth herein, of Delta County Property Taxes assessed on the Eligible Property in the Reinvestment Zone(s) as 1. Beginning on the earlier of (a) January 1 ofthe first Calendar Year after the COD or (b) January 1 of the Calendar Year identified in a Notice of Abatement Commencement (as defined below) delivered by Owner (with such Calendar Year being "Year 1" of the Abatement Period) and ending upon the conclusion of ten full Calendar Years thereafter (which 10-year periods shall constitutei the AbatementPeriod), the Abatement percentage shall 2. The foregoing percentage ofproperty taxes on the Certified. Appraised Value of all eligible Project and Improvements described in the Certificate (and actually in place in the Reinyestment Zones) shall be abated for the entire Abatement! Period. and shall be replaced by a ten year series ofPayments in 3. The foregoingp percentage ofproperty taxes ont the Certified. Appraised Value of any and all otherwise taxable Eligible Property owned by Owner and located in the Reinvestment Zones shall be abated for fhe entire Abatement Period, and shall be replaced by a ten years series afPypmemisihlimmofTase: 4. The Base Year value for the proposed Project and Improvements is agreed to 5. Owner: shall provide the Certificate tot the County and tot the County. Appraisal District within sixty (60) days after the COD, The Certificate shall describe any anciliary facilities not required for Commercial Operations. that are still under construction on the date that the Certificate is delivered, and if the Certificate indicates any such: facilities exist, Owner will deliver an amended follows: be 100% ofthe County Properly Taxes; Lieu ofTaxes [PILOTI, as further defined herein; [PILOTI, as: further defined herein; be: zero. D Tax.Abatement. Agreement Delta County, Texas, 249RD 8me LLC January 2021 Execttion MRbT PAGE 375 Certificate to the County within thirly (30) days after all Project and Improvement construction is complete. If they meet the definition of "Eligible Property," such ancillary facilities, once completed, shall become part of the Project and Improvements eligible for the Abatement under this 6. IfOwner, ati its sole election, desires that the. Abatement Period begin priorto January 1 ofthei first Calendar Year after the COD, then Owner may deliver anotice to the County and County. Appraisall IDistrictstatings such desire (such notice being referred tol herein as a' "Notice of Abatement Commencement"). If delivered by Owner, the Notice of Abatement Commencement shall contain the following statement: "Owner elects for the Abatement Periodto Commencement shall be the first year of the Abatement Period, and the Abatement: Period shall extend for 10 years beyond such date. Owner shail only be permitted to deliver a Notice of Abatement Commencement if it antioipates achieving COD during the next Calendar Year. Owner shall still be required to deliver the Certificate on or before the date required in the 7. Notwithstanding any statement or implication in this Agreement to the contrary, the parties agree that the. Abatement grantedint this Agreementshall a Agreement. begin on January 1, ", the year stated in the Notice of Abatement preceding paragraph. in no event extend beyond 10 years. - C. Alloraportion ofthel Project and Improvements. mayl be eligible: for complete orpartial exemption from ad valorem taxes as ai result of existing law orfuture legislation. This Agreement is not to be construed as evidence that no such exemptions shall apply to D. Owner agrecs that the Project and Improvements, once constructed, will remain in place for at least the remainder of the Term; provided that nothing herein prevents Owner from: replacingequipment: or fixtures comprising the Project and. Improvements prior to that date. INTHE EVENT OF A BREACH OF' THIS PARAGRAPHIVD), THE SOLE REMEDY OF THE COUNTY, AND OWNER'S SOLE LIABILITY, WILL BE FOR OWNER TO PAYTO THE COUNTY THE FULL AMOUNT OF ACTUAL TAXES ABATED AT ANY TIME UNDER THIS AGREEMENT ON THE REMOVED: PROJECT ANDIMPROVEMENTS, LESS. ANY PAYMENTS IN LIBUOFTAXES MADBATANYTMBTOTHECOUNTYFORTEBREMOVED PROJECT AND IMPROVEMENIS. IN THE EVENT OF A BREACH OF THIS PARAGRAPH IV(D), ANY TAXES DUE BY OWNER SHALL BE SUBJECT: TO ANY AND ALL STATUTORY RIGHTS FOR THE PAYMENT AND COLLECTION OFT TAXES IN. ACCORDANCE WITH THE TEXASTAX CODE. E, During the Abatement Period, County shall request that the County Appraisal.District annually determine both () the Certified Appraised Value of the Eligible Property owned by Owner in the Reinvestment Zone(s) and () the taxable value (taking into account the terms ofthe. Abatementin this. Agreement) ofthe Eligible. Property owned by Owner in the Reinvestment Zone(s). The County Appraisal District shall record the Project and Improvements. J Tax. Abatement. Agreement Delta. County, Texas, 249RD &mel LLC January 2021 BrauMaPbn PAGE 376 both the Certified Appraised Value and the abated taxable value of the Eligible Property in the County appraisal records (which taxable value shall be: zero: for each of the years during the Abatement Period). The Certified Appraised Value listed in the County appraisai records shall be the standard used: for calculating the amount oftaxes to be recaptured by the County in the event that the County is entitled to recapture abated taxes under this Agreement. Notwithstanding any of tlie foregoing, Owner at all times shall have the riglt to appeal, challenge, or protest appraisals of the Site, Improvements, and Eligible Property, inoluding any portion thereof. Owner acknowledges that the outcome of any appeal, challenge, or protest appraisals on the Project and Improvements will have no effect on the annual PILOT payments as F. If the Project and. Improvements are constructed and the COD is achieved, Owner agrees to make an annual PILOT to the County in the amount set forth in the table below per megawatt ofthe total Nameplate Capaoity ofthe Project and Improvements on the Site for each year of the Abatement Period. Each PILOT described in this Paragraph IV(F) shall be due on January 31 of the Calendar Year following the Calendar Year for which the. Abatement applies, By way ofillustration, if'Year 1 of the Abatement Period is 2022, thent the PILOT owed: for 2022:shalll be dup and payable on Jamuary 31, 2023, There shall be ai tofal often (10) PILOTS under this-Agreement. identified in Paragraphs. IV(F) and IV(G) ofthis agreement PILOT Amount (PerMW ofNameplate Capacity(AC)) $1,275.00 $1,275.00 $1,275.00 $1,275.00 $1,275.00 $1,275.00 $1,275.00 $1,275.00 $1,275.00 $1,275.00 Yearo ofAbatement Period Year 1 Year 2 Year3 Year4 4 Year 5 Year 6 Year7 Year 8 Year 9 Year 10 G. In the event.that Owner elects toi incorporate energy storage and related equipment into the Project and Improvements, Owner agrees toj pay an additional annual PILOT over the IO year period, (the "Additional Bnergy Storage PILOT"): in exchange for a 100% abatement of County Property Taxes on the energy storage and related equipment, The Additional Bnergy Storage PILOT Payments shall equate to forty percent of County Property Taxes on the energy storage and related equipment. County Property Taxes on the energy storage and related equipment shall be caloulated based on. Delta County H. Whereas County and Owner acknowledge that the County property tax rate is higher relative to cerlainneighboring counties, the PLLOT shall bes rauvadpoperiomtlyto the extent the Connty Property Tax rate is reduced during the Abatement Period, For Appraisal. District certified values. ) Tax Abatement Agreement Delta County, Texas, 249RD 8meLLC January 2021 ExecwMPbepyT PAGE 377 the avoidance of doubt, the annual PLOT amount shall not be increased in the event I. Owner has remitted and the County confirms its receipt ofa fee of $30,000.00 which shall be used to offset soft costs incurred.by County related to the project. - the County increases its properly tax rates, V. INTENTIONALLY DELETED. VI. Representations The County and Owner make the following respeotive representations: A. Owner represents and agrees that () Owner, its suçcessors and/or assigns, will have a taxable interest with respect to the. Project and Improvements to be placed on the Site; (it) construction of the proposed Project and Improvements will be performed by Owner, its successors and/or assigns and/or their contractors or subcontractors, (ini) Owner's and its successors' and assigns' use of the Site will be limited to the use described in this. Agreement (and ancillary-uses) during the Abatement: Period, (iv) all representations: made ini this Agreement are true and correct in all material respects to the best of Owner's knowledge, and (v) Owner will make any filings with the Office ofthe Comptroller ofPublic Accouts and other governmental entities concerning this B. The County represents that (1) the County has formally elected to be eligible to grant property tax abatements under Chapter 312 of the Tax Code; (i) the. Reinvestment Zone(s) has been designated and this. Agreement has been approved in accordance with Chapter 312 of the Texas Tax Code: and the Guidelines and Critoria as both exist on the effective date of this. Agreoment; (iri) no interest in the Project and Improvements is held, leased, or subleased by a memberofthe County Commissioners Court, (iv) that the propertywithin the Reinvestment Zone(s) and the Site is located within the legal boundaries ofthe County and outside the boundaries ofall: municipalities Iocated ini the County, and (v) the County has made and will continue to make all required filings with the Office oft the Comptroller ofPublic Accounts and other governmental entities Agreement that may berequired nOW ori in the future, - concerning thel Reinyestment: Zone(s) and this. Agreement. VI. Maintenance of Comtylmfrastruchre, Access to and Inspection ofProperty! by County Employees, and Periodic Statement of Compliance A. Prior to the commencement of construction, Owner (and its contractors) shall give the County prior notice of the county roads expected to be utilized by Owner (and its contractors) for construction of the improvements, as identified in Attachment E, and County and Owner shall meet to discuss and agree upon such County road use plan (such County roads covered by such plan, hereinafter the "County Roads". ) Tax. Abatement Agreement Delta County, Texas, 249RD 8me LLC January 2021 Execuhore MOL cup PAGE 378 B. During construction, Owner shall make best efforts to utilize County. Roads identified ini the County road use plan noted above when accessing the Project site. Owner shail, by contract, cause its prime confractor and: major equipment suppliers to restrict their travel to and from the Project site to the County Roads and: non-Cointy roads such as state and federal roads, Owner shall use commercially reasonable efforts to require its prime contractor to: restrict all subcontractor travel to and from the Project site from using County roads other than the County Roads. Owner will be Whollyresponsible for damage (normal wear and tear excluded) to the County Roads and rights-of-way (including bridges, culverts, ditches, etc.), to the extent damages are dooumented directly thereto solely as aresult oft the construction oft the Project and Improvements, ors solely and directly as a resuit of operations and maintenance activity conducted on thel Project and Improvements (normal wear and tear excluded), including: 1. Actual costs ineurred by the County to maintain County Roads and right- of-ways, ifneeded, utilized for construction ofthel Projeot and improvements in an effort tol keep the road safe: fort the travelingp public wiill bei tracked by Delta County and damage caused by Owner shall be reasonably documented by Delta County, discussed with Owner, and invoiced to Owner, who shall remit payment within thirty days ofreceipt ofbilling. 2. Costs to reconstruct County Roads and right-oi-Ways, if needed, will be actual repaircostsinouredi bythe Countyandremsommbly documented andinvoiced to Owner. These costs will include all construction costs as well as all related professional services for the repair work, not to exceed 110% of a cost estimate delivered to Owner by a qualified third-party road construction contractor. Owner shall remit payment within thirty days ofreceipt ofbilling. 3. Costs associated with thei issuance ofa County driveway permit, which: shali be required in the event the Projeot and Improvements are. accessed directly by a County Road, shall be paid by Owner within thirly days of receipt of billing. Owners agrees to promptly submit a completed County driveway permit 4.1 Notwithstanding the foregoing, the County hereby preserves all rights and remedies provided under Chapter 251 ofthe Texas Transportation Code. Inordert to determine Owner's1 liability for any costs for repairing County Roads under this Agreement, the County and Owner will document the condition of the County Roads prior tot the commencement ofconstruction. Ifrequestedby Owner, Owner-and County shail meet to discuss the condition oft the County Roads. County and Owner shall aiso document the condition of the County Roads after construction has been completed. Charges to Owner shall be based on ai methodology designed to evaluate the isolated impact of the Owner's use of the County Roads and rights-of-way and will be limited to actual repair costs inourred by the County and reasonably documented and invoiced to Owner. Ifrepairs to County Roads are required because ofOwner's aotivity (as determined pursuant tot fhis Agreoment), Owner shall have the right tos solicit competing bids forthe repairwork. IfC Owner delivers bids fort ther road repairworkt to the County, County shall either () engage the contractorwith thel lowest application toi the precinct Commissioner. ) Tax Abatement Agreement Delta County, Texas, 249RD 8meLLC January 2021 EveuplpyT PAGE 379 costi responsive bid to complete therepair work or (t) complete the repair work the County's preferred provider at a cost acceptable to the County but only charge Owner an amount equal to the Iowest cost responsive bid provided by Owner. D. Owner shall allow the County's employees and consultants access to the Site for the purpose of inspecting the Project and Improvements erected to ensure that the same are conforming to the: minimum specifications of this Agreement and to ensure that all terms and conditions ofthis Agreement are being met. All such inspections shall be made only after giving Owner seventy-two (72) hours' notice and shall be conduoted in such a manner as to avoid any unreasonable interference with the construction and/or operation oft the Project and Improvements. All such inspections shall be made with one (1) or more representatives of Owner in accordance with all E. Owner shall, on ort before May 1 ofeach Calendar Year after COD certify annually to. the County its compliance with this Agreement by providing a written statement of - using applicable safety standards. compliance to the County Judge. VIII, Default, Remedies and Limitation ofLiability A. No partyi may terminatei this Agreementunless: () such partyprovides a written Default Noticet tot the other party specifying ai material default in the performance ofar material covenant or obligation under this Agreement and () such: failure is not (s) excused by the occurrence an event of] Force Majeure or () cured by the other party within sixty (60). days after the delivery oft the DefaultN Notice, or if such failure cannot be cured within such sixty (60)-day period, the other party shail have such additional time, up to 365 days, to cure such defauit as is reasonably necessary as long as such parly has commencedremedial action to cure such failure and continues to diligently and timely purste the completion ofsuch remedial action before the expiration ofthe maximum 365-day cure period. Notwithstandng the preceding portions of this paragraph, if any default arises: from a violation oflaw resulling from a change in law or a change in thei interpretation or enforcement ofl law by a governmental entify, then such defauitshall not give riset tot the termination ofthis Agreement so long as the defaulting party acts in accordance with a commercially reasonable plan of action to minimize the effect of such default prepared by the defultingparty: and delivered tot the other party. IfOwner believes that any alleged termination is improper, Owner may file suit in the proper court challenging such termination, OWNER'S SOLE REMEDY WILL BE REINSTATEMENTOFTHIS AGREEMENTANDSPECIFICPERFORMANCEBY THE COUNTY. In the event of default which remains uncured after all applicable notice and curaperiods, the County may pursue the: remedies provided for in Paragraph VIII(D) and (E) below or the preceding Paragraph IV(D), as applicable. B. The County shall not declare a default, and no dofaultwill" be deemed to have occurred, whent the circumstances giving rise to such declaration are the result ofForce Majeure. Notwithstanding any other provision ofthis. Agreement to the contrary, in the event a party isi rendered unable, wholly or inpart, by Forcel Majeure to carry outits obligations under this. Agreement (other than any obligation to make payment of any amount when 0 Tax. Abatement. Agreement Delta County, Texas, 249RD 8me LLC January 2021 BuePLT PAGE 380 dues and payable hereunder), the obligation ofsuch party, so far as itis affected by such Force Majeure, shall be suspended during the continuance ofany oondition or event of Force Majeure, but for no longer period, and such condition or event shall so far as postlipbermairivila.!. reasonable dispatch. The parlyprevented orl hindered: from performing shali give prompt (but inno event later than twenty business days after the occurrence of such event) notice and reasonably full particulars of such event to the other party and shall take all: reasonable actions within its power to: remove the basis for nonperformance (including securing alternative supply sources) and after doing so shall resume performance as soon as possible. The settlement of strikes or lockouts or resolution of differences with workers shall be entirely within the discretion of fhe affectedparly, and that the above requirement that any. Forcel Majeure shall be remedied with all reasonable dispatch shail not require the settlement of strikes, lookouts or differences by acceding to the demands of the opposing party in such strike, lockout or difference when such course: is inadvisable: in thes reasonably exercised discretionofthe C. The County shall notify Owner and any Lender (but only if the County has been provided with the name and notice information of the Lender) of any default by delivery ofaDefauitNatice: in the manner prescribed herein. The DefaultNotice shall specify the basis for the declaration of default, and Owner shall have the periods of time specified in Paragraph VII(A) above to cure any default. If Owner provides notice to-the County of the existence ofa Lender under Paragraph X(E) and includes the Lender's contact information, then the Çounty shall be required to deliver a copy ofany DefaultNotice to the Lender at the same time that it delivers the DefaultNotice to Owner. Such Lender shall have the right to oure any Owner default on Owner's behalf and shall be entitled to the same cure periods provided for Owner under this D. As required by Bection 312.205 ofthe Texas Tax Code, if an Owner defauit remains uncured after all applicable notice and cure periods, the County shail be entitled to cancel the Agreement and recover the property tax revenue abated under this Agreementfhrough the cancellation date, less any and all PILOTS made by Owner to County under this Agreement. Owner agrees to pay such amounts within sixty (60) E. LIMITATION OF LIABILITY: CANCBLLATION OF THE AGRBEMBNT (RESULTING IN A FORFBITURE OF ANY RIGHT TO ABATEMENT HEREUNDER BEYOND THE CANCELLATIONDATB) AND RECAPTURE OF PROPERTY TAXES ABATED ONLY AS PROVIDED FORAND'ONLY UNDER THE CIRCUMSTANCES DEFINED IN PARAGRAPH VIII(D) OF THIS AGREEMENTORPARPARAGRAPHIVD) OFTHIS. AGREBMENT (BUTLESS ANY AND ALL PILOTS MADEBY OWNER PRIOR TO CANCELLATION), ALONG WITH ANY REASONABLY INCURRED COURT COSTS AND ATTORNEYS FEES, SHALL BB THE COUNTY'S SOLE REMEDY, AND OWNER'S SOLE LIABILITY, IN THE EVENT OWNER FAILS TO TAKE ANY ACTION REQUIRED BY THIS AGREEMENI, INCLUDING ANY FAILURE TO PAY AMOUNTS OWED UNDER THIS AGREBMENT. OWNER AND COUNTY affected party. Agreement. days after the cancellation ofthis. Agreement, Tax. Abatement Agreement Delta County, Texas, 249RD 8me LLC January 2021 FKeaMPLpT PAGE 381 AGRBE THAT THE LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE REASONABLE AND REFLECT THE BARGAINED FOR RISK. ALLOCATION AGREED TO BY THE PARTIES. IN THE EVENT OF A BREACH OF THIS AGREEMENT, ANY TAXES DUE BY OWNER SHALL BE SUBJECT TO ANY AND ALLSTATUTORY RIGHTS FOR THB. PAYMENT AND COLLECTION OF F. Any Default Notice delivered to Owner and any Lender under fhis Agreement shall - TAXESINACCORDANCE WITH THE TEXAS TAX CODE, prominently state the following att the top ofthe notice: NOTICE OFDEFAULTUNDER TAXABATEMENT AGRBEMENT YOUAREEREBYNOTEED OFTHEPOIOWINGDEFAUIFUNDERYOUR TAX ABATEMENT AGRBEMENT WITH THE COUNTY, FAILURE TO CURE THIS DEFAULT WITHIN THE TIME PERIODS PROVIDED BY THB AGREEMENT SHALL RESULT IN CANCBLLATION OF THE TAX ABATEMENT AGREBEMENT AND, IF PERMITTED, RBCAPTURE OF TAXES ABATED PURSUANTTOTHE AGRBEMENT. IX. Compliance with State and Local Regulations Nothing in this Agreement shall be construed to alter or affect the obligations- of -Owner to comply wifh any order, rule, statute, or regulation ofthe County ori the State ofTexas. - %. Assigmment of Agreement A. The rights and responsibilities of Owner hereunder may be assigned, in whole or in part, only after obtaining the County's prior consent, which consent shall not be unreasonablywithnel4, conditioned, or delayed. Any assignment by Owner under this paragraph without first obtaining the consentofthe County shall be a dofaultunder this Agreement subject to the: notice provisions, cureprovisions; remedies, and other terms and conditions of Article VII above, Owner shall give forty-five (45) days' written notice of any such intended assignment to the County, and the County shall respond with its consent or refusal within thirty-five (35) days after receipt of Owner's notice ofassignment. Ifthe County responds to Owner'snotice of assignment with ar refusal, the parties agree to work together in good faith to resolve the County's objections to the assignment. Owner's assignment of the Agreement shall be final only after the execution of a formal assignment document belween Owner and the assignce and the delivery of notice of the execution of such assignment agreement to the County. Neither Owner'snotice of an intended assignment: nor the County'sformal- consent to an intended assignment shall constitute an assignment ofthe. Agreement, and Owner's request for a consent to assignment shall: not obligate owner to assign the. Agreement. B, No assignment under Paragraph X(A) shall be allowed if(a) the County has declared a defaulthereunder thatl has not been cured within all applicable notice and oure. periods, D Tax. Abatement Agreement Delta County, Texas, 249RD 8me LLC January 2021 ExeuPT PAGE 382 or (b) the: assigneei is delinquent in thej payment ofad valorem taxes owed to the County C. Thej parties agree thata fransfer of all or aj portion oft the ownership interests in Owner to: athird partyshall notl be considered: an assigmmentumdertiei terms ofthis_A Agreement D. Upon any assignment and assumption under Paragraph X(A) of Owner's entire interest in the Agreement, Owner shall have no further rights, duties or obligations under fhe Agreement. Upon any assignment and assumption under: Paragraph X(A) of only a portiono ofOwner'si interest int the Agreement (fore aiayetaceahast and. Improvements are transferred by Owner to a third parly), then @) each of Owner and each assignee of a portion of this. Agreement shall be considered an Owner party under this Agreement, () the County shall cause thej property taxes owned' by each of the Owner parties tol be separately assessed, and (ili) neither of the Owner parties shall have any: furtherrights, duties, or obligations under the. Agreement as to the portion.of E. In addition to its rights under Paragraph X(A), Owner may, without obtaining the County's consent, mortgage, pledge, or otherwise encumber its interest in this Agreementorthe) Project and Improvements to a Lender(s). Owner's encumbering its interesti int thisAgreementmayi include an assignment ofOwner'srigats: and obligations- under fhis. Agreement for] purposes of granting as security interest ini this Agreement. In thee event Ownertakes. any ofthe actions permittedbyt thiss subparagraph, itmay provide written. notice of such action toi fhe County with such notice toi include the name and notice information of the Lender(s). If Owner provides the name and contact information ofal Lender to the County, then the County shall be required to provide a copy to such Lender ofalll Notices delivered to Owner at the same time that the Notice is delivered to Owner. IfOwner does not provide the: name and contact information of aLenderto to the County, then such Lendershall not have ther notice riglts or otherrights or any ofhert taxingjurisdiction in the County. and shall not require any consent ofthe County. the Project and: Improvements owned by anofher Owner party. ofal Lender under this Agreement. XI. Notice All Notices (including Default Notices) shall be given in accordance with this Seotion, All Notices shall be in writing and delivered, by commercial delivery service to the office.ofthe person to whom thel Notice is directed (provided that that delivery is confirmed by the courier delivery gervice); by United States Postal Service (USPS), postage prepaid, as aregistered or certified item, return receipt requested in a proper wrapper and with proper postage; by recognized overnight delivery service as evidenced by a bill of lading, or by facsimile transmission. Notices delivered by commercial delivery service shall be deemed delivered on repaptorrelusa,moices delivered by USPS shall be deemed tol have been given upon deposit with the same; facsimile notice shall be effective upon receipt by the sender of an electronic confirmation, All DefaultNotices shall be given by at least two (2): methods- of delivery and in ai manner consistent with Section VIII(F). All Notices (including DefaultNotices) shall be mailed or delivered tot the: following addresses: Tax. Abatement. Agreement Delta.County, Texas, 249RD 8me LLC January 2021 D ExeeuMPpyT To the Owner: PAGE 383 - c/o 249RD 8me,LLC 8minute Solar Energy LLC 4370 Town Center) Boulevard, Suite 110 E1 Dorado Hills, CA95762 Attention: Transactions Telephone: (323) 525-0900 anscatonsgmimuta.com County Judge Delta County Courthouse 200 W. Dallas Ave. Cooper, TX 75432 Telephone: (903)395-4400 mypgelehounytom To the County: Any party may designate a different address by giving the other parly at least ten (10) days written notice in the: manner presoribed above. XIL. Severability In the event any section or other part of this Agreement is held invalid, illegal, faotually insufficient, or unconstitutional, thel balance ofthis. Agreement shall stand, shalll be enforceable and shall be: read as ifthe parties intended at all times to delete said invalid sectiong or other part. Int the event that () thet term ofthe Abatementwitht respect to any property is longer than allowed by law, or (ii) fhe. Abatement applies to a broader classification of property than is allowed by law, then the Abatement shall be validwith respect to the classifioation ofproperty not deemed overly broad, and for the portion, of the term of the Abatement not deemed excessive. Anyprovhionreguiredbyi the' Tax Codet tol becontained! herein that doesnotappear D herein isi incorporated! herein by reference. XIII, Applicable Law This. Agreement: shalll be constraed under thel laws ofthe State ofTexas. Venue for any dispute hereunder shall be exclusively in the district, state or: federal courts' having, jurisdiction in the County. XIV. Amendment Except as otherwise provided, this Agreement may be modified by the parties hereto upon mutual written consent toi include other provisions which could have originally been included int this Agreement or to delete provisions that were not originally necessary to this Agreement pursuant toi thej procedures set forth in Chapter 312 ofthe' Texas Tax Code, Tax: Abatement. Agreement Delta County, Texas, 249RD 8me LLC January 2021 FveéPby IT PAGE 384 XV. Guidelines and Criteria This. Agreement is entered into by the parties consistent with the Guidelines and Criteria, To the extent this Agreement modifies any requirement or procedure set forth in the Guidelines and Criteria ori is inconsistentwith: anyi provision ofthe Guidelines and Criteria, the Guidelines and Criteria are deemed amended for purposes ofthis. Agreement only. XVI. Entire. Agreement This Agreement contains the entire and integrated Tax Abatement Agreement between the County and Owner, and supersedes any and all other negotiations and agreements, whether written or oral, between the parties. This Agreement has not been executed ini reliance upon any representation orp promise, except those contained. herein. XVI. Relationship of the! Parties Owner enters into this Agreement as, and shall continue to be, an independent contractor. Underno circumstances shall Owner, or anyo ofOwner'se employees, lookt to Delta County as his/her employer, or as a pariner, agent or principal. Neither Owner nor any of Owner's employees shall be entitled to any benefits accorded to Delta County's employees, including without limitation worker's compensation, disability insurance, vacation or sick pay. Owner shall be responsible for providing, at Owner's expense and élection, and in Owner's name, unemployment, disability, worker's compensation and other insurance that Owner elects to provide, as well as ail licenses and permits that are usual or necessary in connection with the Project and Improvements. KVII. Local Ontrench Plan Owner shall comply with the provisions oft the Local Outreach Plan. XIX. Counterparts This. Agreement: may be executed in any number of counterparts and by thep parties hereto on-separate counterparts, each ofwhich when 80 executed and delivered shall be anoriginal but such counterparts together shall constitute one and the same instrument. remainder of this page intentionally blankl D Tax. Abatement. Agreement Delta County, Texas, 249RD 8me LLC January 2021 ExukPupyr VoL. PAGE 385 IN TESTIMONY OF WHICH, THIS AGREEMENT has been executed by the County as authorized by the County Commissioners Court: and executed by the Owner on therespective D dates shown below, DELTA COUNTY,TEXAS By:_ Date: 01-27-00a1 ghy Jason Murray, County. Judge Commissioner) Precinct 1 R YA Bnny redt Jmmy Sweat Commissioner Precinct2 Zaker Asbill Bpboy Commissioner Markl Kty Commissioner: Precinct 4 Precinct3 feu gau D County Clerk Signatures continue next pagel - acs Tax. Abatement. Agreement Delta County, Texas, 249RD 8me LLC January 2021 ExePpTT OWNER: 249RD 8MELLC aR By: PAGE 386 Date: January26,2021 Print Name: Thomas Buttgenbach Print Title: President D Tax. Abatement Agreement Delta County, Texas, 249RD 8me LLC January 2021 ExeuALT PAGE 387 - Attachment, A Attached is the Order Designating the Delta County Reinvestment Zone Number 1 ) Tax. Abatement. Agresment Deita: County, Texas, 249RD 8mel LLC January 2021 BwaPbyT PAGE 388 AttackmentB Attached-is: a copy ofthe Guidelines and Criteria. ) Tax. Abatement. Agreement Delta County, Texas, 249RD 8me LLC January 2021 EreMLgT PAGE 389 Attachmentc Attached is a description ofthe Site. ) Tax Abatement. Agreement Delta County, Texas, 249RD 8me LLC January 2021 BeeuMoPlpT PAGE 390 AttachmentD IOCALOVIREACETLAN A. Inc comnection with they procurement, site preparation, construption and operation of the Projeot and Improvements in Delta County, Owner and its agents shall make, and cause its general contractor tomake, commercially reasonableattempts to: 1. Utilize qualified and experienced Delta County individuals and businesses for materials, labor and services, provided thatnothing in this paragrapl shall require Owner to use services and supplies that arei not of similar quality to those provided by residents of businesses outside ofDeita County or are not made available on terms and/or at prices comparable to those offered by residents or businesses 2. In: filling positions of employment connected with the Projeot and Improvements, Owner and its contractors and agents shall use commercially reasonable efforts to employ qualified and experienced individuals who reside within the borders of Delta County, provided that nothing in this paragraph shall require Owner or its contractors or agents to employ Delta County residents who are not (i) equally or more qualified fhan nonresidents; and (i) are not available for employment on terms and/or at salaries comparable to those required by: nonresidents. B. In no event shall Owner or its contractors discriminate against Delta County residents or businesses in employment ori int thej purchase ofgoods and servicesi in comnection-with outside ofDelta County; and the construction ofthe Project and Improvements in Delta County. C. Owner and any contractors or agents which Owner plans to use to complete the construction of the Project and Improvements and who may require additional labor and/or services to complete said construction, shall hold a job and contracting information session in Cooper, Texas, piortobegimingply.inil construction ofthe Project and Improvements atwhich information will be provided regarding the construction and hiring needs of the Project and Improvements. D. Notwithstanding: the forgoing, Delta Countyacknowiedges that Owner shail engage anationally recognized solar power plant contractor to act as the general/prime contractor ofthe Project and Improvements, and that Owner or such confractor shail procure specialty equipment and specialty materials, including but not limited. to inverters, transformers, modules, trackers, energy storage equipment, direofly from the manufacturers or distributors ofs such equipment and materials. Thep parties agree that such actions shail not in any way violate this Local Outreach Plan. E. Owner conclusively shall be deemed to comply with this Local Outreach Plan 80 long as ith holds ajob and contracting information session as described inj paragraph C above and actively solicits proposals from Local contractors or subcontractors and makes its selection using reasonable discretion based on economic, commercial, practical, or similar considerations. ) Tax Abatement. Agreoment Delta County, Texas, 249RD 8me LLC January 2021 ExaPlT PAGE 391 AtfachmentE 2 COUNTYROADSTO) BE USED BY OWNER - Tax Abatement Agreement Delta. County, Texas, 249RD 8me LLC January 2021 VOL' TT PAGE 392ED FOR RECORD a4I5E M NOV 022 20 Jans. Jones, County DELTACOUNTLTEXAB Clerks COMMISSIONERS COURT OF DELTA COUNTY COMMISSIONERS COURTROOM DELTA COUNTYHISTORIC COURTHOUSE 2001 W.DALLASAVENUE, COOPER, TEXAS RESOLUTION ANDO ORDER MEATATISNETO BE KNOWN ASTHE 249RD 8hE LAC REINVESTMENTZONE INTHEJURISDICTION. OF DELTA COUNTY,TEXAS The Commissloners Court of Dalta County, Texas, meating In regular session on November 2, 2020, WHEREAS, the Commissioners Court of Delta County, Texas (the "County") has elected to become eliglhle to participate In tax abatement agreements under the provislons of the Texas Property Redevelopment maTaAhatamamsAsychapu: 312 ofthe Texas Tax Code) (the "Act"land, WHEREAS, the County adopted guidelines and criterla governing tax abatement agraements In a WHEREAS, a public hearing Is required by Chapter 312 of the Texas Tax Code prlor to approval ofa WHEREAS, the County (a) timely published ar pasted all applcable notices of public hearing regarding the designation of the real estate described In the attached Exhibit A as a reinvastment zone for tax ahatement purposes, and (b) timely notifled all applicable presiding offiçers of the governing body of each taxing unlt that Includes In Its boundaries real property that may be Included In the proposed WHEREAS, the Impravements proposed for the relnvestment zane are feasible and of benefit to the WHEREAS, the property described In Exhibit A meets the criteria established In the Guidellnes and WHEREAS, the designatlon oft the reinvestment: zone would contribute to the ratention or expansion of primary employment or would attract major investment In the reinvestment zone that would ba of benefit to the property described on Exhibit A and would contribute to the economlc development of WHEREAS, all interested members of the public were glven an opportunity to make comment at the considered thefollowingr resolution: resolutlon dated on August 10, 2020 (the' "Guldelines: and Criteria";and, ralnvestmentzone; and relnvestmentzone; reinvestment zone aftere expiration of an alatememntageememtand Criteria forareinvestmentzone; and the County; and publichearing. D 1 VOLTT PAGE 393 NOW,THEREFORE, BEITORDERED, by the Commissloners CourtofDelta County, that: 1, The County heraby designates the property located In Delta County, Texas, having the property description In Exhibit A attached to this Order as a relnvestment zone under the County's Guldelines and Criteria, having determined that (a) the property descrlbed on Exhiblt A meats the criterla establishad In the Guidelines and Criterla, and (b) the designation of such reinvestment zone would contribute to the retention or expanslon of primury emplayment or would attract major Investment In the reinvestment zone that would be of banefit to the property described on Exhlbit A and thatwould contribute to the economlc development ofthe 2. The reinvestment zone created by this Order to include the real property described In Exhiblt A County, shalll bel known as' "Delta County ySolar Reinvestment: Zone #1." The faregoing Resolution and Order was lawfully moved by. Bobby Aebil duly seconded by. Maxk Pfiakey Delta County, Texas, oni November: 2,2020 and duly adopted'by the Commissioners Court of d h aRs font CommissionerE EricLair,Pct.1 Azh ak Brlk Commissioner Markl Brantley,Pct.4 - Cpmmissioner Bobby Asbill, Pct.3 The foregoing Resolution and Order Is a true and correct copy of the Resolution and Order passed by the Commissloners Court in open and regular session on November: 9, 2020. de 30 County Clerk, Delta County, Texas : 1 VOLTT PAGE 394 ExhibitA Property! Included int the RelnvastmentZone The RelnvestmentZone! Isc descrlbed by metes and! bounds below. 1 e PAG NIIT YOL TT Parcel! Number 1014 1016 1018 1019 1036 1038 1042 1050 1051 1054 1147 1538 1539 1542 3543 1545 3546 2848 2851 2852 2853 2854 2855 2856 3480 3481. 3482 3483 3484 3485 3486 3486 3488 3625 3848 3850 3851. 7147 7379 8090 8091 9618 PAGE 396 Legall Description CAAE/TATAA0E5 CMAASEVITMAET4ACESBA 0002 AASKEY,TRACT4-1,ACRES21.65 0002 AASKEY, TRACTS, ACRES21.5 0002AASKEY, TRACT12, ACRES4 45.33 0002AASKEV, TRACT12,ACRES7159 000ZAAKP/TRACT15, ACRES55:75 BASRKTMCTIEACBA OV2AASKEATRACTAD6, ACRES27.1 Owner! Name STEGALLCHAD! ETUX STEGALLCHAD! ETUX STEGALLCHADETUX DOUGLASROBERT: & KARINANN BAKERMORGAN BAKERI MORGAN SZAFRANALICIA KAYE STEGALLCHAD BAIRDDAVIDMARK STEGALLCHAD UNIONP PACIFCCORPORATION STOCKION: MARKETUX HERIN GLYNANA BONDI EDWARDB HOLMRW&PATSY MEDARISTOM: &1 MARTINA STEGALLO CHADI ETUX WILLIAMS GARY FOUSTPROPERTIES INC FOUSTPROPERTIES INC FOUSTPROPERTESI INC DOUGIASH HAROLDL DOUGLAS ROBERT & KARIN ANN STEGALLCHAD: ETI UX HENDLEY KATHIE, TRUSTEE WATKINSI JOHNNY GRSANDRALTRUST 72.8 HENDLEYKATHIE, TRUSTEE HENDLEYI JERRYA AETUX SANCHEZANDRES: &7 TEOFILO STEGALL CHADI ETI UX HENDLEY KATHIE, TRUSTEE HENDLEY KATHIE, TRUSTEE UNION PACIFICI CORPORATION STEGALL CHAD ETU UX HENDLEY KATHIE, TRUSTEE HENDLEYKATHIE,; TRUSTEE STEGALL CHAD ETUX STOCKION: MARKE ETUX HENDLEY. JERRYAETUX BONTHU: SREENIVASAI REDDYE ETAL ROBLEDO: RODOLFO: & MARIA STEGALLO CHADETUX Acreage 38.5 39.2 21.65 21.5 45.33 71.59 55.75 4.75 27.1 50.813 0002AASKEV,TRACTI7,ACRES50,813 38.641 RASEZIMCTACIENEE 90.54 0026ZBIRDWEL TRACT4,ACRE590.54 75.286 - 0D26ZBIRDWELL, TRACT5, ACRES 75,286 64.295 0026ZBIRDWELL, TRACT8, ACRES 64.295- 79,34 0026ZBIRDWELL, TRACT9,A ACRES79.34 46.18 OD26ZBIRDWELL, TRACT1/ACRES4518 36.105 0025ZBIRDWEL,TRACT12,ACRES36105 13.74 017OLHOLMAN/TRACT54,ACRES13.74 20 35.6 40.7 48.17 2 72.8 34,101 25 13 48.29 48.29 2.26 30,16 76.98 82.95 5 4.13 25 0170LHOLMAN/TRACT7,ACRES20. 0IOLROIMAN/TRACTS. ACRES35.6 0170LHOLMAN/TRACT8-L,ACRES407 0I7OLMOIMAN/TRACTS. ACRES48.17 33.14 017OLHOLMAN,IRACT9-4,ACRESBS.1A 77.85 TOPOMANVTACTIV, ACRES77.86 0271NPETTY, TRACT6,ACRES2.0 CANAT/ACTZACETE CANFTAIACTAACT3 0271NP PETTY,TRACTB, ACRES34.101 0271NPEITY, TRACTS,ACRES25.0 MAMPITVTACTEAACE 0271NPETTY, TRACT9,ACRES- 48.29 0271NPEITY, TRACT9, ACRES 48.29 0271NPETTY, TRACT11, ACRES: 2.26 40 0282JSREED, TRACT1, ACRES 40.0, 40AC 0295JROBERTS, TRACT3, ACRES: 30.16 0296SROBERTS, TRACT1, ACRES76.98 02965 ROBERTS, TRACT2, ACRES 82,95 0233 CMUSGROVE, TRACTS,ACRES5. 0271 MPETA,TACTPAACHSA1S 0271NPETTY, TRACT8-4, ACRES25. 34.101 027ANPETT,THACT83,ACRES34103 85.309 QDDZAASKE,TRACTI6-4,ACRE585.309 D STATIMPAT COUNTY OFI DELTA COHAESNCOURT Resolntion 08102020-01 RESOLUTION OF THE COURT ARESOLUTION OF THEC COMMISSIONERS COURT OF DELTAC COUNTY, TEXAS ELECTING' TOPARTIGIPATE INTAXABATEMENTAGREMENTS,AND: ESTABLISHING GUIDELINES. AND GRETERIA GOVERNINGTAX ABATEMENTF FORI ECONOMIC DEVELOPMENT PROSPEOTSINTHE COUNTY OF DELTA, RESOLUTIONI WHEREAS, $312.002, Texas Tax Code, requiresat taxing unit to adopt a resolution establishing guldellnes and criteria governing tax abatement agreements and stating that the taxing unit elects tol become eligible to partlolpate Ini tax abatement; and WHEREAS, the Commissioners Court of Delta County has previously expressed Its intent to consider tax abatements and adopted' Tax Abatement Guidelines and Criterla; and WHEREAS, pursuant to S3 312.002, the Tax Abatement Guldellnes and Criteria are effective for fwos years uniess amended or repealed by a vote of the Commissioners Court; and WHEREAS, the Delta County Commissioners Court desires to once again adopt Tax WHEREAS, the Delta County Commissloners Gourt elects to continué tol be ellgible to NOW, THEREFORE, BEI ITI RESOLVED BY THE COMMISSIONERS GOURT OF DELTA PART 1: The County of Delta elects to participate In tax abatement agreements pursuant to Chapter 312 oft the Texas Tax Code, that the previous guidelines and criterla for granting tax abatements are hereby amended, andi that the amended Guidelines and Criterla attached as Exhiblt' "A"tot fhis resolution for granting tex abatements In designated Tax Abatement PART 2: Thatt this resolution shall! be effective immediately from and after Its passage. APPROVED AND ADOPTED by the Delta County Commissioners Court on this the 10th day of Abatement" Guidelines and Criterla; and, particpate ini fax abatement. COUNTY, TEXAS: Relnvestment, Zones arel hereby adopted. August, 2020, m usat E Delte County, Jadge Ah EricLait, Commissioner Precinoti # Buet Commissioner: Precinct: t2 Sia uLbl Mark Brantley, Commissioner) Precinct t4 Precinot3 Attest: Anamea Bahe Jones, County egualabe-Pep.s ANDREWS VALHATIDN-TAXESGLUTIONS PAGE 398 Description ofthe Project Overvlew 249RD 8me, LLCIsap proposed renewable energy generating faclity anticipated to be established In Delta County, Texas. The! Project wilil be located on approximately 1,700 acres! located In then north-central portion ofthe county.Adaltionaly; the entirety of the Projectwilll be within Cooper The Project Itselfi is expected to have a1 total capacity of up to 150 MW-ACofsolar: and may feature an energy storage system. Construction Is anticlpated to commence! in February: 2022 and willl be complete by December 2022, when the Project wil become fully operational. ISD. List 4hpePemuney Itis contemplated that the Project willl Include but Is not Iimited to the following components: Substation Transmission Line Inverters and" Transformers Foundations Roadways, Paving, & Fencing Posts & Racking Equipment Meteorological Towers & Equlpment Mounting & Tracking Equlpment Interconnection Facllities Solar Modules & Panels Power Conditloning Equipment Combiner Boxes Operation & Maintenance Bulldings DCandACCollerction Wirés, Cables and Equlpment SCADA Equipment Energy Storage. System Equipment D ASTN-DALLAB-DENVER BODARDOAROAD-ROMIET, KIB-TAB,EMBA-FVIRAR-MIkaN VOLTT PAGE 399 - Sincerely, Mbs Hon. Tanner Crutcher, County Judge Delta County, Texas Cc: Commissioners Court, County Attorney. Edgar J. Garrett 0 200 West Dallas Avenue I Cooper, Texas I 75432. IP (903) 395-4400 ext. 9301 [F903)395-2178 mthslaaspangyscon Page 2of2 VOL TT PAGE 400 TAE. APPRAISAL: FIRM OF TEXAS,INC. 478 W Shamnon Road, Ste A1 Sulphur Springs, TX75482 July 2, 2024 Mr. Tanner Crutcher Delta County 200 W: Dallas Avenue Cooper, TX75432 Re: 00 W: Dallas Avenue Cooper, TX75432 DearMr. Crutcher: In compliance with yourrequest, Ihave personally observed and prepared an appraisal report on the above-referenced property. The purpose ofthis appraisal is to estimate an This appraisal report was prepared in compliance with the appraisal standards as set forth int the Code ofProfessional Ethics and Standards ofProfessional Appraisal Practice as well as the Appraisal Foundation'sUniform Standards ofProfessional Appraisal Practice (USPAP). Comparable data and market conditions applicable toi the valuation analyses were: investigated and are described within this report. The value estimate contained within is made in conformance with the appraisal guidelines established1 by FIRRBA. The Intended User ofthis appraisal report is the Client. The Intended Use is to evaluate the property that is the subject ofthis appraisal for asset valuation purposes, subject to the stated Scope ofWork, purpose of the appraisal, reporting requirements ofthis appraisal report: for, and Definition ofMarket Value, No additional Intended Users are: identified. With consideration given to all pertinent market data collected and analyzed, iti is my opinion that the market value ofthe subject property as of] June: 27,2024is: opinion ofmarket value oft the subject property as ofJune 27, 2024. ONE: HUNDRED &' TEN THOUSAND DOLLARS ($110,000) Chris Dismord Chris Diamond TXI 1380066-G VOL7 TT PAGE 401 ICERTIFY THAT, TO THEI BEST OF MY KNOWLEDGE AND BELIEF: o' The statements offact contained in this report aret frue and correct andi my experience oTher reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are: my personal, impartial, unbiased includes properties oft this type. professional analyses, opinions, and conclusions. oIhave noj present or prospective interest in thej property that is the subject ofthis report, oIhave no bias with: respect to thej property that is the subject oft this report or to the oMy engagement: in this assignment was not contingent upon developing or reporting oMy compensation for completing this assignment: is not contingent upon the development or reportingof aj predetermined value or direction in value that favors the cause of the client, the amount ofthe value opinion, the attainment ofas stipulated resuit, ort the occurrence ofasubsequent event directly: related to the intended use ofthe report. OMy analyses, opinions, and conclusions were developed, and this report has been prepared, in conformance with the Uniform Standards ofProfessional. Appraisal Practice. oIhave made aj personal inspection oft the property that is the subject oft this: report. oNo onej provided significant professional assistance toi the person signing this report. oIhave performed no services, as an appraiser or in any other capacity, regarding the property thati is the subject oft the work under review within the three-year period Itis my judgment that as ofJ June 27, 2024, the market value ofsubject is: and Ihave: no personal interest with respect to the parties involved. parties involved with this assignment. predetermined results. immediately preceding acceptance oft this assignment. ONEI HUNDRED & TEN THOUSAND DOLLARS ($110,000) Chris Diasord Chris Diamond TX 1380066G VOLTT PAGE 402 Appraisal Report of 00 W Dallas Avenue Cooper, TX 75432 Client: Delta County Asof June: 27,2024 Prepared For Mr. Tanner Crutcher Delta County 200 W. Dallas Avenue Cooper, TX75432 By Chris Diamond TX1380066-G Certified General Real Estate. Appraiser THE. APPRAISAL FIRM OF TEXAS, INC. 478 W Shannon Road, Ste. A1 Sulphur Springs, TX 75482 prabalirmotaegpualem 903-268-8855 ) VOLTT PAGE 403 IDENTIEICATION OF THE. PROPERTY The subject is located at 00 W: Dallas Avenue, Cooper, Delta County, Texas. Itis located in the city limits of Cooper and is zoned for residential & commercial uses. Itis legally identified as OLD TOWN COOPER, BLOCK 30, LOT1, ACRES.5354. No private restrictions were detected oF provided. The owner should be contacted: for this information ifiti is of concern to the client. Typical utility easements are present. No adverse easements or encroachments were observed; however, no survey was available forreview. Itislocated in a residential and commercial area near downtown Cooper and is adjacent to the. Delta County courthouse, The subject has frontage along its southern boundary on WI Dallas Avenue, along its western boundary on NW 3M Street, and W Bonham Avenue along its northern boundary with access to municipal utflities. Itis rectangular in shape and has gentlyrolling terrain with adequate drainage. Floodmaps are: not available: for Deita County. There is a' 7,122' warehouse w/attached 902' storage area, detached 2,724' workshop, carport, and loading dock on the property. Theageof these structures isunknown. They are estimated tol have been constructed in 1900 according to Delta County records. The warehouse has brick and block construction on a concrete slab foundation with a: metal roof. The windows have been boarded up and the building is currently being used for storage. It! has a bathroom; however, the condition ofthe plumbing system is unknown. Ithas a central heat/air system that does not appear to be functional, This building is in: need of cosmetic trim repairs and touch- up paint but is in average condition overall. The attached storage room has metal exterior and: roof on a concrete foundation and is in average condition. The detached workshop has open-span, steel frame construction with metal roof and sidewalls on a D VOLTT PAGE 404 concrete slab foundation. Itis also in average condition and is being used for storage, A1 building inspection isi recommended to assess the condition ofthese structures ifitiso of concern to the client. A gravel and concrete parking lotj provides on-site parking. ATTI CORP is the current property owner. 2023 property taxes are estimated at $2,079 according to Delta County. Appraisal Districtrecords. The property is within two miles ofCooper. . Lake and twenty-five: miles oft the: newly construction. Bois D. Arc Lake in Fannin County. Lake Ralph Hall is currently under construction andi is approximately fifteen miles to fhe northwest, Texas A&M-Commerce is approximately 151 miles toi the southwest. The subject is located in the city limits of Cooper, the county seat, which offers minor employment, entertainment, and educational opportunities. Cooper has approximately 1,900 residents and is located ati thei intersection ofHighway 154 and Highway 24, which are heavy thoroughfares in the area. Highway 24 intersects Interstate 30 approximately 25: miles to the southwest. Paris, Sulphur Springs, and Greenville are. larger towns within 30 miles and the Dallas/Fort Worth Metroplex is approximately 50 miles to the southwest. CONTRACT & SALES HISTORY The subject is not actively listed for sale or under contract. Ithas not fransferred within the past thirty-six months. D YOLTT Owne ATICORP mupertyAdss oW Dollas Ave Cy Cooper CJen! Dolla Counly Subject Photo Paga Carly Dalla PAGE-405 STX EpCoss 75432 Subject Front 0DWDallas Avenue ME7 SalesPrica mia GosslhingArea 9,848 TollBooms TolalBodoums TolalBalhrooms Lucalion Vow Silo Qually Age Cocpor WDafosardPBanham .5354 Acres BrlckBlackMelal 1244- Sublect Rear be 3 e A 71 Subject Strest - FommP PIC35,SR- TOTAL" appralsal Waro byalamade, -ALAMODE VOL TT Owne ATTICORP PpetyAdint OWD Dallos Ave Dy Coopor Clent Dalla County Suhject Photograph Addendum PAGE 406 Sub TX ZpDds Subjoct'a Front Cany Dolla 75432 Subjact's WostSide I Subject's East Sldo Eu ) FomG GPIC3X5 UPAapasishankyihmua,i-smawm: 4 5" er wT OLTE UHe ATICORP PpyeryAlns OWDalles Avo Cy Coopar Cleni Della Counly Suhject Photograph Addendum PAGE407 Sus TX TyCols 75432 Subjact's East Sido Courty Della PR fnu Subject's Warehotse SubjerlaWarohousa O Fomm GPIG3X5- TOTAL' typahlshmmbyahmah, Inc, 1-800-ALAMODE VOL TT Gwner ATTICORP PpyhAs OWDallas AvB sy Cooper Cllant Dolla Counly Subject Photograph Addendum PAGE 408 STX DpCoda Subjoct's Warehousa Cany Dolla 75432 Subjacls Warehousa Subjecta Warohouso ) Fom ems-uAeephimentyAhmAI-ERAANETE "E7 s "yrya VOLIT Dwnr AICORP Ppetykibns OWDallas Ave By Cooper Clen! Dalla Counly Subject Photograph Addendum PAGE409 S_TX Z,ba 75432 Subjocl's! Bathraom Cony Della Subjecl's WarkshopaLoaing! Dack Subject's Loading Dock ) Fom GPIC3X5- TOTAL" eppraisals solwars byakmodc, he-1-800-AMGDE YOLIT Owmer ATTICORP AparyAddss OWDallas Avo Cy Cooper Clenl Della Counly Subject Photograph Adtiendum PAGE410 Eh TX IpDols Subjoct's Warkshop Coty Dalla 75432 Subjoct's Warkahop "X. :. SuhjectsWarkshop Fom ePES-TRPephlisnAueNE aus. e 44 *Y; Sublect Photograph Addendum *Es" VOL TT Gwnar ATTICORP PmpeyA4ess OWDallau Avo fcy Coopor Clenl Dalla Counly PAGE 411 Suts TX IpCnds 75432 Subfoci's Workshop Dmy Dolla Subjecl's Starago Subject's stbrago FomG GPIC3X5-TOTAL phalsalalyahmaa Ba2-1-BD-ALAMODE VoL IT UHmgr ATTICORP PmpeyAdtars OWp Dallas Ava Cy Cooppr Clen! 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Dalla Counly Area Map Corty Dalla PAGE415 Euts TX ZpCois 75432 aariddeile aw.Dall FommMAP100--7OTA" MPHA-EANE VOL TT Owner ATTICORP mpetykiaass OWDallas Avo Cy Coopar Clen! Della Counly Location Map Cary Dalle PAGE 416 TX Dpcni 76432 atamoderlnic .Dalg41p- 1 mils 1 - mal d M Galayaaplaronurae, ovalchg SURJEGT a:DallasAvE chmy AY vBonlian' 4165 i. e huroli WMathaave mpiafsodp 4FB ryanita 'ATE T4 aigave. suniypv HATeIAA vNiutannu 1 * gpopengiesast Kiunjanpve iepesimime 00 Copne faminlary'schog Daisi R: imip t Da, 0 6 # Goagieel epAssfiu. 105h FAR aUPPTIPpAsNTE VOLTT Aerlal Map PAGE 417 g FommSGNLGL- TOTAL" appraisalsoiwzral byalan mode, lan.-1-BDD-ALAMODE NWSrd ra: VOL TT TX DOT Traffic Count Map PAGE 419 2 U, Bubjadt, ApDilasAvn no EoRIR- 340 COUNT-ndoay F seL! 656 7 5 755. 439" Lle Fom SCNLGL-TOTAL" mpabsisahamplyalatatzba-LaAUMaN: VOL TT GAD Map PAGE 420 2 * ag0 se wtwgem * s *. * A. AS W Bonham Ave B asc " ), ParcalsATTICORP algtramphtaitbe clalealrssiamili-om: Bropertyinformation PppRIyFSVIE lAEAEOA SEOD,2ROADAROOTIS: ybagpandbhohwaoE HDTHAUFES,6354 Assskaeacala.RA Blbek30 #es Glylimisct Zonise '5945 1154 MF Diallas Ase Form SR-mIPpi-hyABeAI-BPALNNE VOL' TT Appraisal District Records - Page 1 PAGE 421 2724,8:52AM 9Map nhuutblank 108 5986 108" 70 408, B357 124 5913 A-3 DERSON, JB 5046 5988 59B7 1G1 AProperlyDetals Account Property! ID: Type:. Proporty Use: Lgcation Sltus-Address: Map.ID: 5945 Redl" CPeNepaRAtpS.PAE Zoniny: Condo: WDALLASAVE GOOPER, TX-75432 AREA,"A" Mapsco: LagalDoscription: OLD.TOWN COOPER, BLOGKa,IOT1,ACRES. ,5354. AbetractSubdlwision: 208Q.-OLDTOWNG COOPER Nelghborhood: Owner OwnerID: Name: Agent: Malling Address: %:Ownership: abathiang NONE 111420 ATTI-GORP DBAGOOPER: PROPANE-CO PO:BOX 1153 PARIS,TX75460 100.0%, 1à: D FomSGNLGL. TOA epahsisulvaplyakmada,M.-HDPALANOE Appralsai District Records - Page 2 VOLTT PAGE 422 SIIRA,B:EZAM Exemptions: AProperiyValues iImproyement: Homesita/Valus; Improvement! Non-iomealiboValue: Land! Homesite:Value: Land Non-iomealle.Value: Agrioulturall MarkatValuation: Market Value: Agicealmivalbelosse Appralsed Value: HomesteadGap! Loss: e Assessed Value: Ag-Usp-Value: CERTFIOATION. pbioulblak Forprivasyr reasons nots all emplonsamsipanenine. $41)1 $59,130.(#)! so4)! $32:4204! Q-(t) $91,550(-) Sot $91,550-(-) $0()! $91,550 $0 VAUBEBPINIDAMEBMPEAURADANENAETOGANBEMORTO Mbamsongolidermasn. purposes;pnly, Legald desciplions and PAHAREpNANt useoyanuféhogtpat Vailietperigubingt rppaisasspama Plbase coplachneAppralna!, Districtlo-varilfy: all.lriformatlon foraccuracy. aboulllank 28. D Foms RA-mMrepiEaNy:hamAI-IBMLENE VOL TT Appraisal District Records - Pagu 3 PAGE 423 427124,B:EZAM aboutblank aopetylbrgrisicin MREATIOOR-XOmeNE: 100.0% Entity" Description 'CAD CentralAppralsal! Disirict CG CIYDFCOOPER CS COOPERISD DG DELTACOUNTY DE DELTAGO ESD #1. DM DELTAMUD. RB DELTAR&B Total7 Tax! Rata:: 2.270617 TaxRate! MarkefValue 0.000000! 0,688082 0,9175001 0,430338. 0,045000 0.0974801 .0,092257' Taxable Valuo! $94,550 $94,550! $91,550! $9i,550 $94,550 $91,550 $91,550 $91,550! $91,5501 $91,550: $91,550 $91550 $91,550 $91,550 ARPAMIOATAT-ALETE DeMPIMREBDEANTALDPeE COMMERCIAL Sfate Gode: F1 lymgAt#r10A6.0aR Valye: $59,130. Type: ÇOM COM SHED COM SHED Descriptlon. COMMERCIAL COMMERCIAL SHED GOMMERGIAL SHED Class CD SGAF SGAS. TSM+ SGPS. SM VearBullt 190pi 0, o! 9; a' SQFT; 7140:00' 2:69B:00) 9B2:001 598,00 458.00 A.Prgperlyland Typa Description Acreage' Sqft Eif Front EDepth! MarkatValye Prod. Value! 2080G COOPER.SQUARE 0,2677/-4,654.00 0.00 0,00. $16;210 2090C COOPER SQUARE 0:2677:41,654.0D 0.00 0,00: $16,210 '$0; $o] mbautbank 38, O Fom SUAL-URPPMiENNyHyIRAI-ADALNTA VOL TT Appralsal District Records - Page 4 PAGE 424 12724,:5ZAM aboblblank APoperyalvataHstsy Wear Improvements Land Market] Ag Valuation Appraisad! HS Capilosa Assessed' 2024. 2023- 2022 2027 2020, 2019 2018 2017 2016 2015 2014 $59,130 $59:130 $59,130 $57,160. $57,150 $57:15D $48;820- $48,829 $48,8204 $48;820 $40,600 $32,420 532;420 $32,420! $16,340! $16,340! 516,340 $16,340 $12,110! $12,110 $12,1101 $7,880 $o $91,560 o $91,550 $o $91,550 $0 $73,490! $o $73,490 $0 $73,490 $o $65,160 $0 $60,930 sa $60,930 so $60,930 so $48,480 $01 $914550 SD. $91,55Q $ot $81,550, $q 876,490, $0. $73,490! $oj $73,490: $0: $65,160, $0 $6G,930' so $60,930; $0 $60;930 soj $48,480 dbouhlank 14/81 Foms SCKLGL- -TOTAL" spahlashanbyalhmahmra.ha-HaDPALA.RDE VOLTT PAGE 425 SCOPE OF THE. APPRAISAL As defined by the Uniform Standards ofProfessional Appraisal Practice, this is areal estate appraisal, This appraisal involves the use ofall applicable approaches to value and concludes with an estimate ofmarket value based on an unconditioned definition. It has been my intention toj prepare this appraisal in conformity with the Uniform Standards ofProfessional Appraisal Practice (USPAP) ofthe Appraisal Foundation. This ist the appraisal ofa property located at 00 WI Dallas. Avemue, Cooper, Delta County, TX. Ivisited the property and viewed (via driving the area) the characteristics ofthe immediate and general market area, My visit to the subject property included viewing the subject property and surrounding land uses, relying on thel legal description from public records, andi interviewing area real estate professionals about recent trends in fhe local real estate market. Ialsoutilized aerial photos and several plats and mapsIhad available. My search for market data for use int the applicable approaches utilized the NTREIS MLS system, real estate brokers, marketp paricpants/nyestors, and other area appraisers. My market search included the northeast Texas real estate market andI commenced my searches for date beginning 3: years ago. The subject'simmediate neighborhood. is bordered by the city limits of Cooper. An extended neighborhood was necessary to obtain as sufficient amount ofmarket data to analyze the subject'smarket. This extended: neighborhood includes all properties within a fifly-mile radius surrounding the subject and is generally bordered by Highway 82 to thei north, Highway 271 to the east, Interstate 30 tot the south, and Highway 78 to the west. Texas isanon-disclosure state. Itisi important that the intended users oft this appraisal understand that in' Texas, there is no legal requirement for grantors or grantees to disclose any information: relative VOL TT PAGE 426 - to a transfer ofreal property, other than the recordation ofthe deed itself, In'l Texas, the deed contains no information about the transaction, inoluding the purchase price. Asa result, no data source provides absolute coverage of all transactions. Itis possible that there are sales ofwhich I am unaware, My data sources provide all fhe data typically available to appraisers in the ordinary course ofbusiness. This appraisal is not a properly condition report, and should not bei relied upon to disclose any conditions present in the property. It does not guarantee that the property is free of defects. Iam nota a licensed inspector, and: Id did: not make an "inspection" oft the property as defined by TREC: Rule 535.227-535.231 forreal estate inspectors. Ivisited the property and developed impressions ofphysical characteristics based on my observation of apparent, not unapparent conditions. Nor am. Iqualified to detect ori identify hazardous substances, which may, or may not, be present on, in, or near the subject property. The presence ofhazardous materials may negatively affect market value. I have: no reason to suspect the presence ofhazardous substances, and I valued the subject assuming that none: are present, No responsibility is assumed for any such conditions or for any expertise or engineeringr required to detect or discover them. Iurge the user of this report to obtain the services of specialists for the purpose ofconducting inspections, engineering studies, or environmental audits. Idid not perform a title search or survey oft the subject properly. Engineering studies, ADA determinations, surveys, title reports, and environmental audits are beyond the scope ofwork, as I: am not qualified to detect or identify structural or mechanical deficiencies present in the improvements, norl hazardous substances that may, or may not, be present on, in, or neart the subject property. VOL TT PAGE 427 Evaluation of the subject's mineral rights is beyond the scope of work, as. Iami not qualified to detect or identify the exact amount ofminerals that convey as most oft the time iti is stated to be aj portion oft the minerals owned. Ididi not make any assumptions in regards to the subject's mineral rights. ENVIRONMENTAL CONDITIONS In this appraisal assignment, the presence ofradon gas or the existence ofpotentially hazardous materials which may have been used in the construction of or maintenance of the buildings, such as the presence ofurea-formaldehyde foam insulation, asbestos material, etc., and/or the existence of toxic waste-which may or may: not be present in or on the property- was not observed by me; nor do Ihave any knowledge oft the existence ofsuch materials in or on the property. The existence of any such materials may have an adverse effect on the value ofthe property. Iam not qualified to detect such: materiais that are notreadily visible and recommend an expert in this field to inspect the property ff this is ofc concern to the client. PURPOSE OF THG. APPRAISAL The purpose of this appraisal is to determine an opinion ofmarket value for the subject property for asset valuation purposes. This report is for the exclusive use ofDelta County. PROPERTY RIGHTS APPRAISED The subject's "fee simple estate" is given consideration in this assignment, Fee simple estate is defined as "absolute ownership unencumbered by any other interest or estate subject only to the four powers of government (eminent domain, escheat, police power, and taxation). No items ofpersonal property are given consideration in this appraisal. VOL TT PAGE 428 DATE OF. APPRAISAL The effective date ofthis appraisal is. June 27,2024. The subject property was inspected on. June 27,2024. The date ofthis report is July 2, 2024. REGIONAL. AND. AREA. INFORMATION Cooper, the county seat ofDelta County, is at thej junction ofStatel highways 24 and 154, some twenty-four miles southwest ofParis in the souti-central portion ofthe county. It was founded in 1870 and: named for L. W. Cooper ofHouston, one ofthe sponsors ofthe bill to organize the county in 1870. Apost office was established there in 1871, and fhe town wasi incorporated with aldermanic government in 1881. Cooper quicklyemerged. as the market center: fort the new county and by 1885: reported 300residents. The construction ofthe' Texas Midland Railroad further spurred the town's growth. In 1896 Cooper comprised 1,000 residents, two churches, and as school, as well as al bank, a shoemaker, al hotel, a grocery store, a wagonmaker, twol blacksmith shops, two feed mills, two steam cotton gins and corn mills, two weekly newspapers (the Delta Courier and the. People's Cause), three drugstores, and seven general stores. Cooper continued to grow rapidly during the early 1900s, Its population reached ai reported high of2,563 by 1925, thereafter remaining fairly stable. It declined slightly during the 1930s, grew during the 1950s, and declined again in the 1980s. In 1970 Cooper reported sixtyb businesses, incindingseed-cleming plants and some thirty-eight dairies. The cityspopulation was 2,349 in the early 1950s and 2,258 in 1970. Cooper in the early 1990s was a commercial and shipping center for the: surrounding agricultural region. In 1991 thei incorporated town reported seventy businesses and a population of2,197. In 2000 thej population was 2,150. VOL TT PAGE 429 Population of Cooper, TX from 1900 to:2021 Source: Texas Almannc 3000 2500 200D 1500 7000 500 1 1900 T 1975 2000 1925 1350 Year Source: htps/hziwinonlinearham.hakemtistapsctedela.somty Delta County is located ini northeastern Texas seventy miles from the eastern and thirty miles from the northern state boundaries. Itisl bordered by the North Sulphur River on the north and the South Sulphur. River oni the south. The two waterways join to form the eastern boundary. Cooper, the largest town and the county seat, isi ini the center ofthe county (at33-23'N,95-42 W) att the intersection of Statel highways 24 and 154with Farm roads 64, 128, 1528, and 1880. The. Atchison, Topeka and Santa Fel Railway crosses the northwestern edge oft the county by way ofPecan Gap and: Ben! Franklin. The county comprises 278 square miles ofthe Blackland Prairies. The terrain is undulating; soils vary: from deep clay to clay covered with a dark loam. The elevation ranges from 400 to 500 feet above mean sea. level. The vegetation along the streams consists primarily ofhardwoods, particularly oak, elm, pecan, bois d'arc, and mesquite, while the prairie is covered with grasses including' Texas grama, buffalo grass, and bunchgrass. Between 51 5 O VOLTT PAGE 430 and 60 percent oft the soil is prime farmland. The climate is warm andi moist, with annual rainfall averaging forty-four inches. Temperatures: range from an average low of31°Fin January to 95° in. July. The first freeze in mid-November and the last late in March bracket a 233-day growing season. The original inhabitants ofDelta County were the Caddo Indians, an agricultural people with al highly developed society. The first European visitor was al Frenchman, François Hervey, who traveled through the area in 1750. Later in the eighteenth century, disease and threats from other tribes forced the Caddos to relocate. By 1820, however, scattered remnants oft the. Delawares, Quapaws, and Seminoles were! hunting in the vicinity. During that decade, Hugh Castie settled: near the: future site of Ben Franklin, and, shortly thereafter a man known only as. Blue built apolel hut in the Rattan area, probably to trade with the Indians. Other settlers soon began to arrive from. Kentucky and' Tennessee. The isolation caused by river boundaries on the: north, south, and east, as well as the large Jernigan Thicket on the west, also made the location attractive to! horse thieves and other criminals who drifted down through. Arkansas from Missouri. By 1830 an agent had moved into the area to: report onl Iocal Indian activities, and in 18361 the government of the new Republic cofTexas recognized the land between the Sulphur rivers as part ofRed River County. Without the restrictive: regulations of the Spanish and Mexican governments, more: settlers arrived, particularly from the South. By latei int the 1830s, Dr. Moses Hogue and the Birdwell, Simmons, and Wilson families had established the little village ofBen Franklin. In 1840 the Congress ofTexas formed Lamar County, which incladedpresent-iay: Delta County, from Red: River County. In March 18461 the new; state legislature organized Hopkins County, which absorbed the southern two-thirds ofDelta VOLTT PAGE 431 County. During the antebellum period, settlers mainly Iocated on thel North and South Sulphur rivers in order tol be near the Hopkins and Lamar county seats, thei most important local trade centers, Nat Corbet, a former resident ofNew York, established the first store in the county at Ben Franklin in 1845. The following year, a "Brigadier" DeSpain, his wife, Narcissa, and their three daughters claimed a land grant on the South Sulphur River along the Bonham-Jefterson Road, a major thoroughfare for cotton transportation thati ran from Fannin County to. Jefferson. Thel DeSpains built al bridge that was sturdy and high enough to escape flooding, thus facilitating trade in Hopkins County as well as at the Jefferson port. As the area began toj prosperagriculturaly, more settlers arrived. In 1847 pioneers from Shiloh, Tennessee, built a church and school named Shiloh just north oft the South Sulphur River. The Lake Creek post office, originally called Odd's Creek, opened in 1848, but most pioneers continued to receive mail at Pin. Hook (now calledParis) in Lamar County. In 18591 thei residents of Giles, near. Ben Franklin, established the Giles Academy, which became ai respected school under thel leadership ofThomas! B. Hockaday. By 1860 the county had two Methodist. Episcopal churches, one at Craig- C Tranquil and another at Ben Franklin. As the Civil War approached, some residents oft the: future county supported Governor Sam Houston's Unionist stand, a controversial one. Unionists were ini the minority, however; mostresidents: heartily endorsed the Confederate cause. In 1861a militia was organized at Charleston, a small community near the fork ofther rivers, and Gen. Sam Bell Maxey's Ninth Texas Infantry: performed drilling exercises at Camp Rusk near Giles. The Confederacy also attempted to develop a saltworks on Lake. Jordan, ai few VOL TT PAGE 432 miles southeast ofKlondike. In 1863 four Charleston men fighting on the Union side escaped capture in. Arkansas by fleeing to. Jernigan Thicket, Citizens apprehended three, who were summarily court-martialed and hanged. This was the only incidence oflocal violence, however, and the vicinity remained virtually untouched by the fighting. At the end oft the war the pioneers who had settled1 between the two rivers turned their attention to rebuilding an agricultural and herding economy. As the less-isolated county seats ofHopkins and Lamar Counties grew and developed, people from the river delta were: forced to travel long distances over: inadequate dirt roads and to cross waterways that were often flooded for Iong periods of time. In 1868 they petitioned the legislature to form anew county that would include parts ofHopkins, Lamar, Hunt, and Fannin counties. After much debate, Texas lawmakers granted their request on July 29, 1870, but orly after excluding Hunt and Fannin counties because neither wished to be included. Governor Bdmund: .Davis designated a: five-man board of commissioners to organize the new district, to be called Delta County for its triangular shape. The county seat would be ai new town named Cooper after Leroy Cooper, chairman of the House Committee on Counties and Boundaries, and situated directly between the North and South Sulphur rivers. Erastus Blackwell was appointed sherifftos supervise land sales. The first county election was held on October 6, 1870, to organize the municipal government, and Charles S. Nidever, John P. Boy4,1.F.Alexander, Alfred Allen, and. J. M. Bledsoe were elected the first county commissioners. County organization, however, failed to settie continuing political divisions, In the election of1872, Horace Greeley, the liberal Republican candidate endorsed by thel Democrats, captured 50 percent oft the vote, while Republican Ulysses S. Grant received 40 percent. Although the entire state became solidly VOLTT PAGE 433 Democratic after Govemor Davis was defeated in 1873 by Democrat; Richard Coke, the Republican party remained an important factor in Delta County politics. In 1876 local voters chose Democrat Samuel B. Tilden over. Republican Rutherford B, Hayes, but only by ai narrow: margin ofs sixty-one votes. The postwar years brought growth and, eventually, - prosperity to the: new county. Cooper soon became the center oflocal activities, and in 1873 Bob Michiel began publication of the first newspaper ini the county, the. Delta Courier. By 1880 the population had: reached 5,597,including 598 African Americans. Fifly percent ofthei residents were: native Texans. Education had become a more: important issue during Reconstruction, and by 1880 the number ofs schools had increased from nine to almost thirty. These facilities operated 4% months ofe each year and served a combined total of998 students. Though the county had: many small communities, the only towns were Cooper, Charleston, and Ben Franklin. Nine manufacturing establishments were in operation. The seven churches were predominantly Methodist.. A new courthouse was constructed in Cooper, and Confederate and Union veterans planted pecan trees on the town square to symbolize the end of animosities. Development also extended to agricultural and herding pursuits. The fertility oft the soil and natural pasturage made for more diversification than in other counties. Though only 32,120 or approximately 32 percent ofthe 102,086 acres in farms was improved, harvests were large. Local farmers ginned 4,911 bales of cotton, but this was not the most lucrative crop. The average corn yield was four bushels an acre, more than 130,000 bushels for the entire county, and one acre could produce nineteen bushels ofo oats. Sorghum was also grown on a large scale, and the county produced 11,345 gallons of sorghum molasses in-1880. The acreage not in use: for planting was used for - VOL TT PAGE 434 grazing. The county had: 2,957: milk cows, mostly used: for local needs, but ofher cattlo amounted to 24 percent oft the stock. Smaller numbers ofhorses, mules, and sheep also grazed on the open range. The number ofhogs, most oft them wild, had reached 10,994 and accounted: for 43 percent oft the animals: raised in the county in 1880. The large numbers of cattlemen and the upsurge in farming resulted in fencing controversies that climaxed in 1883 with several fence-cutting incidents, The success of farming and herding Was also complemented by a new: interest int the lumberindustry, and the wooded portions ofDelta County became the sites of sawmills as well as shingle and furniture factories. With the development oft these industries, along with gristmills and cotton gins, crops and timber could be processed locally, but many county businessmen were interested in finding ai method: for shipping more goods to distant markets. In 1886 entrepreneurs J.M. Van Zandt and Joe C. Waller negotiated a contract with the Santa Fel Railway, and the following year a section ofthe line was built across the northwest corner ofthe county. Pecan Gap and Ben Franklin became stops on1 the new: railroad, and many area people moved into thet towns searching forjobs with the new company. By 1888 there were sevenj post offices inj Delta County. The following: year seven. Baptist churches sent delegates to ai meeting oft the Delta County Baptist Association. The Firstl National Bank, the only financial institution in the county, opened in 1889, as did East Texas Normal College. The school became very successful under the direction ofWilliam Leonidas_ Mayo, but iti moved to Commerce after its only building bumed in 1894. The 1890s1 brought an even more impressive agricultural boom. Though the number of swine had decreased to 6,816 att thel beginning oft the decade and herds of ofher stock had VOL TT PAGE 435 grown only slightly, the amount ofland in cotton, corn, and oats had increased sharply. Sixty-one percent oft the: acreage that made up the 1,188 farms was: improved, and farms had doubled in value to $1,400 each, Cotton had boomed and was planted on 23,041 acres, as compared to 8,940 only ten years earlier. The census also reported 57,282 bushels of oats and 336,370 ofcom. Sorghum acres had dropped to seventy-seven, but poultryproduction had begun to develop. Local growers produced 73,956 chickens in 1890. That year the Delta County population had increased to 9,117,including 728 Black residents. While towns, especially those along the railroad, continued to grow, the majority of citizens still lived and worked in the country. The eighteen manufacturing establishments employed only thirty-three workers, who earned an ayerage annual income of $208. The predominantly rural nature ofthe county was also reflected! in political strife. The Populists won many local elections, and although Democrat Grover Cleveland won the county in the 1892 presidential election, third-party candidates captured 31 percent ofthe vote. Prohibition was also an important issue. Delta County 2 remained dry fhroughout the Populist era, At the beginning of the 1890s, there were eight Baptist churches in the Delta County Baptist Association and: nine new. Methodist churches. The lumber boom continued. In 1894. J. R. and W.H. Carson began a Iarge lumber business at Pecan Gap. The: following year the Texas Midland Railroad built al line through Cooper with stops at Enloe, Klondike, Horton, and Cooper, thus giving new life to those small towns. On February 21, 1897, Cooper was incorporated, and in 1898 a $40,000 bond issue passed to provide funds for the construction of anew brick courthouse. With the turn ofi the century, the county continued to prosper agriculturally. Most ofthe 15,249 citizens, including 967 VOL TT PAGE 436 Blacks, preferred to remain on the farm. Though tenants and sharecroppers composed 60 percent oft the farm labor: force, huge outputs made theirs a profitable occupation, The number offarms had doubled over the past decade, and 73 percent oft the farm acreage was improved. Sixty-nine percent ofthis cropland was planted in cotton, 25 percent in corn, and 4 percent in oats. Unimproved acreage was used primarily for open-range grazing. The number ofswine had more than doubled to 15,413, and cattle numbered 10,943. Poultry remained an important source ofincome; growers reported 83,958 chickens and guineas and 2,599 turkeys. The poultry, livestock, and cotton were primarily shipped out ofthe area for sale, while com and oats were used locally for human consumption and to: feed cattle, hogs, and chickens. By 1910 the county population had increased to 14,566. Economically, most residents continued to rely on agriculture, but 66 percent ofthe 2,202: farmers were sharecroppers or tenant farmers who did not own land. In contrast to the rule in farm tenancy in other counties, only 3 percent (fifty-five) ofthis landless class was. Black because most oft the 809 African Americans in the county worked: for local manufacturers or on. the railroad. The cuitivation of cotton, cor, and oats remained lucrative, as did livestock and poultry raising. Fruits, particularly strawberries and peaches, were also being grown and shipped out ofthe county for sale. Local towns, particularly those along the railroad, continued to develop. Six: new Methodist churches had been built since 1900, and the county had seventeen post offices. The First National Bank built ai new building in 1909, but the most publicized county event oft the decade occurred on May 19, 1910, when a 500-pound meteorite hit the earth near Charleston during the passage ofHalley's Comet. In 1920,:2,191 county residents were: farming. Thei majority, 67 percent, were VOL TT PAGE 437 ) sharecroppers, and of these 1,469, eighty-two were. Black. That year county farmers produced more than 491,000 bushels of corn, 26,654 bales of cotton, and 9,047 bushels ofo oats. Potatoes had become the most important truck crop, although fruits were also marketed. The numbers ofboth cattle and swine had dropped considerably, however, and livestock production continued to decline throughout the decade because ofa decrease in prices. In order to compensate for Iost income, farmers began to produce even Iarger cotton crops. By 1926, however, thej prosperity of the early twentieth century was beginning to give way. That year the cotton crop failed, and citizens were: forced to withdraw their savings from Iocal banks. The First National Bank in Cooper closed in 1927, and even though it reopened two months later the economy ofDelta County had been heavily damaged. Most citizens, relying on the income from the projected harvest, were deeply in debt, Bank capital had been drastically curtailed, making more loans almost impossible to obtain. By 19281 the' Texas Midiand Railroad sold out to the Southem Pacific Corporation. Although farmers grew more cotton in the hope of recouping theirlosses, prices continued toj plummet. Lumber companies had exhausted much oft the timber in the area, and the few that survived could not afford to continue through such hard times, It was as: ifDelta County had got thej jump on the Great Depression. The population had decreased to 13,138 by 1930, as many people moved away in search ofjobs. The number ofBlack: residents fell from 1,400 ini the previous decade to 995. More people turned to sharecropping. Black tenancy doubled, and only 431 of2,289 farmers actually owned their land. Corn production fell by 50 percent. The oat harvest dropped drastically. County farmer continued toj produce more and more cotton. In the 1930 census county ) VOL TT PAGE 438 stockmen reported only 3,889 hogs and 4,739 cattle. Only four manufacturing establishments, employing thirty-six people, survived. In desperation, voters turned to the; Democratic parly forr relief. In the election of 1932 they supported Franklin D. Roosevelt with 961 percent ofthe vote, the largest Democratic margin of victory in county history. The First National Bank had closed again in 1933 as part ofthe national "Bank Holiday." It permanently: reopened soon after. By the beginning of World WarI, the local economy was fairly stable, and farmingremained the prevalent occupation. Although the New Deal programs had lessened its production temporarily from 43,726 bales in 1931 to 11,421 in 1935, cotton remained the most important money crop. In 1932 300 farmers had formed a ginning cooperative, and by 1940 the county reported 26,789 ginned bales. Oats were no longera cash ctop, but 443,802 bushels of corn and large amounts ofpotatoes were grown, primarily for locai use. Livestock were also consumed locally, and theirnumbers remained small. Schools and churches remained the centers oflocal activities as railroad towns declined with the decrease in trade. In 1931 there were thirteen Baptist churches in Delta County. The thirty-four common and six. independent school districts employed 134 staffmembers and enrolled 4,000 children, who attended eight-month sessions. Enloe, Cooper, and Pecan Gap offered four-year high school programs. The small schools began to consolidate later in the decade with the help of state funding for transportation. In 1940 the. Work Projects Administration built a new $110,450 four-story courthouse in Cooper and demolished the old one. While cotton was still the principal crop, alfalfa and hay were produced in larger amounts. Poultry and eggs as well as fruits, milk, and butter were shipped out in great numbers. Though stockmen produced good ) VOLTT PAGE 439 pork during this decade, the cattle industry never again attained its predepression success. At least one-fourth ofall county farms were worked by tenants. By 19461 the county had 433 miles ofroads, and 161 percent were graveled or paved. The WPA also constructed white rock roads so that school buses could: travel more easily. Many ofthe young people who Ieft the area during the war chose noti to return, and others moved to urban areas, particularly Dallas, in search ofjobs. By 19501 the population of Delta County had decreased to 8,953, including 934. Black cresidents, and by 1960: ithad fallen to 5,860. Subsequently itl hovered for many: years around 4,900. The number of farms ini the county also declined as: mechanization made it easier for one: farmer to work an area that mightpreviouslyl haves supported: several. Only 9 percent ofthe 1,413 farms were operated by Black citizens, and all were tenants ors sharecroppers. Although alfalfa, hay, and livestockl had become the most lucrative products, cotton remained important to ) the local economy; growers produced 26,787 bales in 1950. In 1966 more than 50 percent ofDelta County remained: rural. Cooper was the largest town and the center oflocal activities. It had two elementary schools, ajunior high, and a high school. Two small airfields were. located nearby. Major employers included the schools, al battery and generator plant, five cotton gins, eight cottonseed cleaning and processing plants, al locker plant, the: Lone Star Gas Company, Texas Power and: Light, and two hospitals. The forty-acre. Delta County Country Club, which included a ten-acre lake, had also been constructed, Seven Christian communions were represented in the county's thirty-two churches. Politically, the county was still overwhelmingly Democratic, Only 18 percent oft thej population had: finished high school. Farming continued to decline through the 1960s. By 1969 the number offarms had decreased to VOLTT PAGE 440 650; 136 ofthese operated under the share or tenant system. Only eighteen Black families were involved in agriculture, and eleven oft these were shareoroppers or tenants. Most farmers had abandoned even subsistence crops in favorofmursery products and hay, while 432 continued to grow cotton in smaller amounts than previously. Almost one-third ofall: farmers worked off the: farm for more than 200 days a year. Voters in Delta County supported the Democratic candidates in every presidential election from 1872 through 1968. The county's sympathies began to shift, in 1972, however, when Republican Richard Nixon carried the area by al large margin. Economic hardships, especially for farmers, were partlyresponsible for this political upset. In 1976 Delta County residents again endorsed the Democratic candidate, Jimmy Carter, with 68 percent oftheir votes, and in 1982, 99 percent of county residents who voted did so in the Democratic primary. Though a majority ofthe county's voters supported Ronald Reagan in 1984, Democrat Michael Dukakis carried fhe county in 1988 and Bill Clinton wona plurality oft the area's votes in 1992. and 1996, partly because independent candidate Ross Perot won: many votes in the area during those elections. (He got more than 25 percent of the county's vote in 1992). By the early twenty-first century, however, Delta County was firmly in the Republican camp, as George W. Bush carried the county by Iarge margins in the elections of2000 and 2004. In 1982 the county was still primarily rural, with 81 percent ofthe land in farms and ranches, although one-half oft the population lived in Cooper. Wheatculture, which had recently been introduced into the area, was increasing in importance, but 73 percent ofall farm income came from livestock and livestock products. There were sixty businesses and five: manufacturing establishments. While these institutions employed 40 percent of O VOLTT PAGE 441 the labor force, an additional 42 percent worked outside the county. The county supported three banks, two telephone companies, and a weekly newspaper, the Cooper. Review. Twos school districts had an average daily attendance of993; 77 percent ofthe students were White, and 23 percent were. Black. Residents could attend any of twenty-seven churches, the largest being Southern Baptist, UnitedMethodist, and Church of Christ, They also had access to the services of one doctor, one dentist, three attorneys, apolice force oft three, three sheriffs officers, and three volunteer fire departments. In 1982 Cooper had afifteen-acre municipal park and the Patterson Memorial County Library. Eight communities maintained recreational centers. In 1987 there were 421 farming families in Delta County, but only 228 were involved in full-time agriculture. Cotton production had decreased to 1,710 bales, most ofwhich was processed at locai seed-cleaning plants. Grain had become the: most important crop. Wheat was grown on more than 10,000 acres thatproduced: 310,144b bushels. Large amounts of soybeans, sorghum, and com were also harvested. The other successful county product was livestock. Herders raised more than 36,000 cattle and sold more than halfofthese, The census counted 4,857 people livingi in Delta County in 1990 and: 5,328 in 2014. In the latter year almost 81.3 percent oft the population were. Anglo, about 7.5 percent were African. American, and about 6.9 percent were. Hispanic. Almost 76 percent oft the residents over age twenty-five were. high school graduates; almost 14 percent had college degrees. In the early twenty-first century agribusiness, tourism, and some manufacturing were the key elements ofthe local economy. In 2002 the county had 507: farms and ranches covering 141,992 acres, 64 percent ofwhich were devoted to crops and 30 percent to pasture. In that year farmers and: ranchers in the area earned $10,675,000; D VOL TT PAGE 442 livestock sales accounted for $5,890,000 oft the total. Beef, dairy cattle, and crops such as hay, soybeans, corn, sorghum, cotton, and wheat were the chiefagricultural products. Cooper (population, 1,987) was the county seat and largest town; other communities included Pecan Gap (195), Klondike (175), Enloe (90), and Ben Franklin (60). Tourist attractions! include the Doctor's Creek unit of Cooper Lake State Park and the anmual Chiggerfest held in Cooper each October. Source: trhpsisinasghadastatislalsa, Delta County has al heavy rural population with an agricultural influenced economy. There are. approximately the same number ofr residents living in the rural unincorporated areas as there are. living within Cooper and smaller surrounding communifies in the county. There are approximately 1,900: residents living in Cooper with approximately 5,300 residing in the county. Larger towns in the area including Paris, Greenville, Bonham, and Sulphur Springs offer health care opportunities. Good qualitypublic schools are located throughout the county including the Cooper Independent School District. There are numerous full-service banks located throughout the area with ample loan fands available in the area for qualified borrowers. Many residents ofthe county commute to. larger towns ini the area for employment and entertainment opportunities. Cooper Lake is one oft thes main attractions to the area. Municipal utflity services are provided throughout the county. Additional information can be: found at: pybpatmayyad. VOL - TT PAGE 443 ) HIGHEST AND BESTUSE Highest and Best Use is defined as: "The reasonably: probable and legal use ofvacant land or ani improved property, which is physically: possible, appropriately supported, financially feasible, and that results in thel highest valne. The: four criteria the highest and best use: must meet arel legal permissibility, physical possibility, financial: feasibility, and maximum profitability." The subject is located in the city limits of Cooper and is zoned R1 forr residential uses and LC: for light commercial uses. Cooper is as small, rural town with limited: zoning regulations. Thesubject's terrain, size, and location are suited for residential and/or light commercial uses. These uses are financially feasible for the subjectproperty and provide thel highest return to the land, Residential and light commercial uses are: financially feasible and provide maximum profitability. The highest and best use oft thesubjectproperty as though vacant and improved is for ) residential and light commercial uses, MARKETING TIME & EXPOSURE PERIOD An expected: marketing time should be three to six months based on similar property sales in the area. An exposure period oft three to: six months is also indicated, ESTABLISHING VALUE One oft the most accepted methods used to determine the market value ofa parcel of real estate is by comparing the subject being appraised with similar properties that have sold ini the area. The. Direct Sales Comparison Approach Method: is an appraisal procedure in which the market value estimate is predicated on prices paid in actual market transactions and asked for in current listings or offerings. Itisap process of analyzing sales ofs similar recently sold properties in order to derive an indication ofthe most probable selling price oft the property being appraised. Thereliability oft this VOL TT PAGE 444 technique is dependent upon a) the availability of comparable sales data, b) verification ofsales data, c) the degree of compatibility or extent of adjustment necessary for time differences, and d) the absence ofnon-typical conditions affecting thej price. In this analysis, the Sales Comparison Approach willl be used in estimating the Market Value of the subjectproperty. The Cost. Approach to Value is based on thej property's reproduction cost. Because most people will not pay: more: for aj property than it would cost to acquire as similar site and erect a similar siructure on: it, the current reproduction cost oft thel building plus the value ofthe land tends to set thet upper limits ofap property's value. The Cost. Approach is most useful in the appraisal of special purpose buildings and other properties that are difficult to appraise using other methods. Due to the limited amount of comparable land sales and the difficuity in estimating construction costs and depreciation in older, custom structures, especially in small, rural towns; the Cost Approach is not a good indicator ofmarket value for properties ofthis type. Itis not included in this appraisal assignment. The Income Approach to value is based on the present value oft the rights to future income and assumes that the income derived from a property will, to a large extent, control the value ofthat property. The Income. Approach ist used for valuation ofincome producingproperties: including apartments, office buildings, shopping centers, etc. The subject is located in arural area in northeast' Texas, anon-disclosure state, where properties ofthis type are typically owner occupiedoperated, making information oft this type difficult to obfain and verify. An attempt Was made tol locate comparable: income producing properties in the area; however, very limited verifiable market income and expense information is available, The limited amount of verifiable: market data wenkens the effectiveness oft the Income VOL TT PAGE 445 Approach to Value; however, Idida attempt to estimate the subject'sincome producing capacity. Three comparable properties were: found that have leased through the NTREIS MLS over the past thirty-six months. These properties have older structures that are being used as warehouse and/or office space with leasable area: ranging from 2,800'- 45,348' andi monthly rental rates: ranging from $1,225-4333/montn. The subject would most likely: fall int the lower end oft this range due to its location, age, condition, and lack ofoffice space and ai monthly: rental rate estimated at $1,500 is indicated. Based on this information, annual potential gross income estimated at $18,000 is indicated: for the subject property. Thel leases and expense data for these properties was: not available for review and no comparable. sales were available to estimate aj market capitalization rate: for the subject, Due to the limited amount ofr market data available, the Income. Approach is noti included in this appraisal. ) VOL TT Uwner ATTICORP PmperyAirs oWDallas Ave E Cooper Clent Della Counly Gomparable Rentais Map Cory Dolla PAGE STX Ipbols 75432 446 Maimodérln COMPARATILE No-3. 25NAGont SUBIEGT COMPATABIENGZ 300215,tatelWIGF COMPATAILEND. 2Tmllngonstrag Fumn.APLOR--TOTAL" epaislishaplyakmii .-1-BOD-ALAMQDE Gomparable Rental 1 VOL - TT PAGE 447 EM04,1212PN Malikx 222Tom.nsonSireel,SuphurSpings, Texas 75482. MISDS 14580529 Closed Proportyrypar CommerciiLerse 222TomiInnon: Straurs BMNEETSATR P: '$1,225 Subrypo: Industria OLPI-$895: Low/istPrléar $/GrsqEu $3: LakaNamo! Plunt Dilpmz Mumpreh Na MUD.Dst: Na PID: GrusssgEt 4jo00 Zoning Commare HultZona: No wUnlls: Atras: g,d9z Avg MonthlyLmen SpacasiLensad: Oecupancy.Rater Contratd GasJats sindow.Unite) Low,LP: Subdivisiom-luwn!: Sulphur Sprihge Couhty "Hopkins Country: Ihiterfitatas Parccl ID: E000001553 kotnzc nlacki 7 UnmemptTx $56? SpclTax-Autht plidbs SF; 2,Bp0/Owner Mrnullt 1933Prgownat Appran EpisqEu 4,008/Gthay LotDImr- AdaltCemmunity: wisubdiv. #Storlest Gangrallaleymalion Loasablat SgFt 2,Bq0 LeasabloSpabs Dnsatixpira Data: Faaturan Calling! Halghts HmwFat,iloaerad. FIgoringt Heatinp: Caolingr Owner Payar. Nont TorAnExpIncr Loasm,Daset SpadiolNotest Passessionr Clpslng/Funding Romarkn Dognl: ACRES:D,92 toni EC,BUK:7TOWNI: SULFHURSPR Grops.Ineamar $0. Net Incomer $p Annu,Expensost $D. Incluslons: Dufding.only LutSizc/Acres- Less7 ThanSAtra (nptz Zéryj Tgpagraphyr. Soll: RdFront Dasci Gystreut Foundallont Slab Constrictlonr BHcK, sising Roof: Walln: FroightDcorst Stroit/Uliles ClySewor, City-Waiter Showingr Paraing/Omragor Ngne muliinpt Usal, Aiimalna-aPwam,lamtypber.claend, EaodServtca, alaimuyoma,onewsalauweatriati, Retail, Slaraga.Waraliousg," Whpldsals Tenant'Paya: AuMles,Hgcriely Gay, Insgrance, auhor, Water puhor Brek, cemahrlack,oster Shawligtme-css Proporty Vhryo cocld déhmtoiubtuingisluw Walinglforypury Vistor! Cmegteaflcrmidnihs cellngs Emdrsémeg,! Dascription; Bathroom Tha possibimos ares endles-listerionganyl tewasab bowilag algltrgpiapnr maghines. Excludast Ownery rwantrtan ralayusodFthg! Batkroeprterspgga-t Canlen mgaoustedifnees.Back! loth hngnuncca pld.Nat, Tonint bo-blila, out tosut. Roerisappfox Syaisdd. Pull.Drlving 222Tomlnsont Stimet Dlrections: PrivatoF Rakez Lbaseostov verifyaln-hntemmaton. Passerslonk Closing/Eundhg Lensal Tarm: GyossIneomur o Not'incomat $0 ArinuniIkpansas: $d. SuD:: :D- BACI3e fistryper Bxlasya.nlghtusep Zistorn Centuryzi.FimtGrOHR.(CECADI): 903-915-3145, 10Adir 1067dllmerstreqts PlirsPlpfeny7iz TtAgt: CrirrlsChmse Nckollz (0508822)9 903-243-4173 LAEmal) vestraiamalkam VAWobsilut smAlpesitemne: Luasal Informallon Isseablo-SqFt Z,B00 Lomnbla-Spacer 1 Loase ExpiraDatu: Agm/cmieafermaten. CDOM:20 poM: '20 VARn No Minsal RE (SH/MO): Avp! MenthyLeaset SpacasLeasedf pccupency'Rate: iDt, pG/10/2021 XD: ZOFAx: D03-139-1050 Erkelidr 0465311 Lo-Sprvar Gralg Engllah 803.335:3146 'LGEmal LACall LADtkrT LAFaX LALAZTaKthgr PRMMMMESNwwACNDNNENNS 1- Farms SENLGL-" TuPwmahalsbanlyihmih.ta-AALADE Gomparable Rental 1 VOL TT PAGE 448 R/30/24,7 12:12-PM- offwab: MM.CAIRRIGRuA.on Calli Shoringlma-Css: Keyhoxd: 3** ShowInstri Oceupanry: Wacant Ehoiaing: Shmlmprmd-Css Cantract Dats: 06/30/2021 Optxn! Ditat sirPaldi $0 Buyeroft: Freidem BalknpanR35824 BuyarAgti 9EXOANA ThiriParlyARr No! BuyerFimmnting:" Bash Mallx Showing, Informintion Appti, B17:050.0055 KaybuxTypat Chmbo, Dpent Housa: Soldihformaton Closed patar .a6/30/202f CIss/Acra: #13,315,22. SAI fmall miatentmhomaihas Owner Numo: BurtL, LC ClasuPrl's1,225 Clss/Lot-SRIS031 cls/SqFt 1044 PraparedBy: Chris Dlamond Chris Dlamand,ont 06/30/2024 12:12 MEAAMARNEVAmpMpwAsRamiNasaicesREaN. .2 C-wawe 1-800-ALAMOD: VOLTT Gomparable Renfal 1 PAGE 449 3014/12112PM. Matix Ma .a 9 ) AlamatasDpeadRalasaXGAPEALSeptpaVZENIRES: & eaaaiaswaanMAMAPAIPNEPMEPE-MAMAAEUINASANEApivaaahdnsssSwCOwAAESUD. 3m O Fam SCNLGL- TOTAL AISARBANNE VOL TT Comparable Rental 2 PAGE 450 #30/24/1212PAX Matrkx 3002 B StateHwy 66-Highway, Caddo Mills; Texas75135 MLSI: 14688335 .Closea Proparty Tipar Commerpllensa 2002fintalinysé MwelL.IRE 1Pi SubTypa: Warphousa OLPE:$2,000 $2,0d0. Low-ListPriper $/9rSqFL: $:22 Lnka Natnat .plan Dulpm: Multipréli Na. MUDI Dsts Na PID; Grass SAFI: 9y142 Zaningt LOMM MufZonar No dUrltal. '1 Acras: b:210 Avg! Montilylhasi: SpnensLemsads Decupansy,Rato: Carpet, Conerata. Cantrzylaturildas Cantral-Alleciie 4y R Low! LP: Subdivislont FFGreen Surv Aba 1240 County. Hunt Countryz Uallad-states FarcalID: 112663 Latc Dtoclt SpaTax.Autlit bidgsF: 3;800/AssESSOF Vrhulltt 1981/Pmowned Apprsr, 1atsaFL.,aololher LatDIm: GeneralZnfarmatlon Leasabla: SgF; 3,800 Lenrubla Spnca: Lensal Expirat Data: Foaturas Calling Hajaht 15120Feat Flooringt Haating: Conlingr awner Payar Insurance, Taxes. LopnrDeret Spaclal Notos: Possersiin: Romarke y E, "* wN # Aduit Community: Nar wiSubdlv:. aStorlas: 1 GrassIncoma: 0 Natincuma: *0 AnaunlExpansat ia Inclualonsi Landjs: Impmvementr Lot Size/Acrar Less Than.5-Acra (notZero) Topogrophyt Soll: Rd Fiorit.Descz TanantPAys: Aes:! Ipsurango: Foundation! Slab Ronf: Walls: Fraight Doarst Grada-lové Slowing: Parking/Garago Opin Bullding! Usas, Automottve! omee/Warehause, Storagm.Wrehguse, Whglerile Alamm/Bacurityr Sacurtylighin,: SecurtyServleg, abn.s-sb, Wireléss Metel, Matal" CallKay: Sox Streat/UHIlnst gySewer," CityWata:; IntviddiSagMiete, Individua! WaterMater Subjectlolease Broperty Dascripllont lighway fruntagaproperty! Inal high trane, fost growingzren. Proparty has-fivagrade! lavelhay.doors, open-wardinuse ar shopspace-in? twa! bays and lwo ohices, Propertys aurfantiyhnslivings quhrtors, eduphedwhhg wilhalerga nuut tbm.ygimad, dyer-connectlons, badroom'and walk! Inlasat Ahhougr thep praperty-dosmoe curmntly-have3 phasa- elccthcJels avillablér ntthay pila. Warahouse hhasmitipatp.hape anchar: Thechtica praperlyifenceid, Whold-building Is:Insulated and! the warehousa spneeiotleerand! cocled. MagtiRaB4hasant MInlsOLSE/MO) MakLEREIAF/MO) Avy.Mgnthlylmase: Spacualcasnd Decupancy-Rater LD:30/11/2121 *XD: $003533 LACallt. aimln@alilyapeulsin LAathn LAFax: Kavin Beanfan LA/LA2.Toxtingi Lo'Sprvat. PublpHying Diréctionst Locabed ar.the- Solths sidac afsutal FghwayEsln-Cadcoa Mills, TxsaGPS, Lenso Information LensableSFt 3jgpa Loasalila Sphpat Lnase ExpliaDatat Aen/omteamtormailon CDOML 1 DOM: 1 VAR: No Possusslinr ZraTam! Dnscr Sypar'mtlrum Gross) Incomo; $p NatIncomat Annuall Expensen: *0 suhi 0.00 BAC: 1000.00.-5 HatTypor Exduslves spherSell Listoff: AEAEANASACLED B66-277-d051 LoFaxr 866-207-9542 urkue: Lo.Addrr 12P,8,Malnstracts Ble: 26D Grapevina," Taxad70052 10-Emall LatAut! TawnyTyreg (0750470): 214-430-9291 LAlimait: ralectavaPomalcom LAWahafo: orWabt. yyMalifvron Subjecttolensa Lonse: Tarm: w-swsiae 419 FomSCHIGL- -"TDTAL". apprisalsofware! byalamoda,! Inc.-1 1-800-ALAMODE Gomparable Rental 2 VOL TT PAGE 451 O EO/A,121ZPM CHll: Kaybos: at upoo ShowInstr: Showing: Call:KoyBox. Centraztpatar 10/12/2021 optExppatat SirPildi $z,d00. Buyarot! ALCVIEENEA. Ca. (ALco1) a66-277-5055 Buyerapt TwnvnTyren 0759470)214-304291 THIPatyAF No Buyar Fnancing!" Cush Malilx Showinylmformation Appt: KybnxTypar Combo Sold.Informatigl Closed,Dpte: d0/12/2021 Cinf/Acro: 40,523.81 BAEmallr, alartamBemaliom Owner Numo: ToaDasti"aperte,UE closu.Priemsz,000 Css/LtSH60:22 Css/54 $0.53 Prepanad-Bysc Ghris Damond-phris! Dlamond ahp6/40/202412:12 MpslapéaimaikspaleAIPI-MAAAAWAEAIK 59 Famsmal-TonPypahalstaatyplama -1-800-ALAMODE VOL TT Comparabla Rental 3 PAGE 452 #3024,1212PM Malikx 2525N Centersireat,Bonham, Texas 75418 MISR: 20397573. Closed puy)PArCmmeALae 3525NCenter Straet Memhm.K7HAC-IZA Lpi $4,323: Subtypes, Indistrial OLPr$4,333 DowistPrlcor $/G-SSEL ,1 Lako'Namat .Plan pvlpm: MuluPrés Yas; MUDDaE No- PID: Grasass: 45,348 Zaningt HohtInduatrtoi MultZone: No unttar: a Atras: 6,795 Max ISERA(GF/MO) Avg Manthly Lenre: :4,333: Spncasl Lepsndi DcupancyRate Concrete Natural.Gas; Zoned ContralA Alr.Hlectric Multr Unlts LOWLPI aMAPGSFRCNON, ACRESG.795 County: Fannin :Country: Unllad-states ParcdiviD: 900000943932 Lotz Dlock: Legal: APRSRWADAIESN SpdTuxAutli: BIdgEF: 45,348/Paslerchis Yr.Bullr 3979/sp-t-Pponped "Apprerz LorsqFt 395ssapatiçReminis LotDlmt Ganoralintommaiigp Mini Lsal RE (EF/MO): A:00 Lansabilas SqFki 15,000. Eoasabja! Spacar 1 Loaza Exptra Dato: Fanturas Colling! Hajpht 111014Fcet Flooring: Henting: Cooling: Ownpri Payg:. Extatier MasmameamaCant FotAnn-Exping InsuransgNawTax Lousa-DeEC: Spaclal Notost Rossosslont Kogotlabla Ldke Pumpt No Remarks Ailul Communlty: No wils Subdiv: #sterlesi 1 BusinarsName: dhosilincama $L Net Income. 41: AnnunlExpensog 413,00p. Rulding Uso: Industrial; ahaaartsN Alarm/Becurityr Fr.Sprinkler System Inclusfons: Biddimglohly Lat'sizofAcra: 5ls-10Acres Topography: raldtivelylevel Sall: Rd.Frant Desct CtyStrant TahanbFaya: Electridiy, Gha; Tocurance, Janitorial Sarytoe,Sewer, Taiker, Tash Collections! Wator Eoundation: Slab Construction! Alumimurrsiding, Block,'Brick Rodft Willat ErplghrDoarai- Dotk/Grade, Dock/High, PID Dack Straot/uunuent Eity:Suwer; alyWater, Ejecticny" Connectad, Master Gas'Mater Showing: Phridng/Qaragos Adgregatà, Outsldc, Shared! Driyaway, Whasignat,llipayad DotkPormitted: Motal. Drlk,Cement-slock AppolntmentOnly, Emall. Usng Agpnt, Noi Slgn Ppoparly Approslmately, 17,000:17,000 agindustrial: sitileaserppartunliy CIractiy ar'pbute78'n Béhmi,exas:100. Doscription: climpe-contrljed. denlWerghouse, distribution, ard ar'l lighet Manulacturing, Twg 12x12and One. 10x1dverhead grado! Javald doars, 40V Singlo-and Thren, phasa pawarSpaca measuras! 1724lang, and 150'-widawth 127cnlmn. helghtanpicanten, estrocmsandiwa) wolkdag, daors. "Sjarel. sçcess tolonding'dock will maleraiertyhasuul. Pienky,of parking, Z.Gac! fance yard avallable bys saguraberagreepent Publlepriing 2525-N.Center: Shreetisjust Northafus! HW 8z1h Bonhaiy Texas. pirectlona: Bassassiont Grams,Incama: $L Notthramat, $1 Annunl'Expansast 413,0ba SUBI 093athar BAC! 3%-5 LstTypa: Exdtavagnepileass Fistorh PRAGONT FEALIYSERVICEE (DNRSO1) 214-334-1000 10 Faxi LoAtirt 56085MUI BLVP4 #600722-Datlas,; Texna75350 LstAgt: Tmp!hyCox (0396239): 214-334-1000 LAEmull: TMPDPAGONREAETYSENVICESCOM Lonsa Infarmatlon Laase Termt Lonsabla! SqFh :3,abo, Lenanbla Spncat, 4 Lensa Explra.Data: Ajeny/Olica-plomaton CDOMI-19 DOM: $119 VARI. No Nagotlable Minz Lse! RE(BEAMO) 4:00 Avg.Manthly! Loasat *#4,333: Spacag Lasaadi Dcaupancy.Rute: LD: 07/13/2023 XD: DikLlc: 039523 LAFaxt 1O Emall LACelt LAOthi 214-334-1000 LA/LAZTextingr Yas! PgAlaspNatayAAAapA-A-AAMEAATNADARABANRApahwyccwaupasauN. 3A Fom SRLL-mTPgpiishamtyAhrahia-BMALAUNE Comparabls Rental 3 VOLTT PAGE 453 6/30/24,12:12PM LWahsitat Call: Agant Kaybox as ShowIrstr: Peasc,zallE BpkerTmCaxtdt aranga! forashowing ShowSiver Nonn, Occupancyt onant Showing: Aahtss:osA.tma.lnlauo/gu.egr survellinncal Dovlees! Prosont:" Videa Consentt ervialerioRamanvae. FontractDotar 11/98/2023 opt'ExpDatur SIrPald: Buyer,oftt PRAGON REALYSEVICES (ONISDI2H36-10RD BuyarAg!t JimdlyCox! (0396239)2 214-334-1000 DuyerAbtsupariain Malrix LoSprver PACXUNPANeRES awnor Numo: Bonhem Asorlates Hemdpmbnt Showing Informatlon Appti 214-334-Iadd Keybox7 Typar: Nona OponHousat Suidnfgrmetien Clogad-patar 11/09/2023 CLS/Acror '$637:57 ClasmPHieai,s4,333 Cls/LotSRISO.DL fiss/SFu BA/BA2 Toxting Na'Na BAImalll TRMSpNAmiIiaeAN Prepared-ByrChrtsl Dlamond Chifs Dlamohd 01-08/94/202412:12 - psingani-askaswnMAPANgRAPAASgAPAAALCAATAEAtEAMsNEDADASEAXCONAVAPIEAUN. a ) FomSONLGL- unPepahai-antyiama,ia-ABALANDTA VOL TT Comparahle Rental 3 PAGE 454 /30124:1212PM Malrkx XAXA CajigNIZIZANTREIS. XXV--MAyNeN on Fom ---wX * i T VOLTT PAGE 455 DEFINITION OF VALUE Market value means thei most probable price which a property should bring in: a competitive and open market under all conditions requisite to a: fair sale, thel buyer and seller each acting prudently and! knowledgeably, and assuming the price is not: affected by undue stimulus. Implicit int fhis definition isi the consummation ofa sale as ofas specified date and the passing oftitle from seller tol buyer under conditions whereby; (1) Buyer and seller are typirallymotivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; 3).Areasonable time is allowed for exposure in the open: market; (4): Payment is made int terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5)' The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with Source: htps./www.ecirgovieen/tl-12cmppterlpar-s4sibpart-Clsedtion.34.42 the sale. D VOL TT PAGE 456 SITE VALUATION A diligent search ofthe sales activity in the area yielded the following land sales which are similar to the subject in location and use and are the most current sales available. ITEM Addrass OOWE Dallas PrilmlyloBubjec! Cooper DalaBoue! Verleallon BassPiica Prieo/ BqFL BaleDala Lopailan SHaBke BlaVisy SHolmprovemanis HoadFronlage FhnanoingTerme Adverse-Conillons Compoalian NalAgusimen! MAIAEWAmhsISAI IndloatedValte Pdort Transler Samet ownor 3+ yoars Hstary Inla SUBJECT COMPARISON 1 1020 SLako Ws Cooper COMPARISON 2 00E ath Suoo! Coopor 13,000R 1.01 03/27/2024 * OWMarshalAw -0.152/7,013 Siroa! Nono OTwo Sldos Cash ONono Nolad O/Moslly Claardd -0.15 1D- Samo ownor T+yuats na COMPARISON s01EDalla Cooper 11,000 1.57847 07/15/2022 -0.1B343,212' OEDallas Strent Strast None OThmos Sidos Cash ONana Notod OMxad -0.16 M+- 0.28 Samoc owner' 1.42 (nla 1+yoars 3 Dnlla County Appralsal District Dolla County Apprlan! Diskiat Dolla County Appralsal District nla MLSSoldlialing! DOM-307 MLSSoldLaling! DOM-17 MLSSoldLieling! DOM-4 5 s Na EDallas Stroot BLakos Stroat 23,322 Stract nla Threp Sidos Two Skles nla Nono Clanrad 50,000 1.18 40.08 +0.188 05/17/2024 B,050 Strae! Nono Cash Nono Natad Mixed 1+ K- Sama pwmor 1+-yonrs Inla NetAa). 0,3% -415RINAtAd, 10.2% -A10samaLA4, ArssAd. 9.4%s 1.4BarssAd, 10,4%5 1.41AmAS, 22.414 22.3%$ (026/5,4 The comparable land sales included in the opinion ofs site value are the best available fhat have sold in the area in the past twenty-four: months. Cooper is a small, rural town with limited comparable land sales. Properties ofthis type are typically marketed and sold on aprice/sq ftbasis. The sales prices and adjustments are stated and applied on aj price/sq ftbasis. Comparables 1 and 2 are the most recent sales available, Land values have increased and a time adjustment estimated at 5% ofi its sales price is indicated for Comparable3. All comparables are. located in the city limits ofCooper similar to the subject. Comparable 3 is located on Dallas Avenue similar to the subject, Comparables 1a and 2 are located on inferior thoroughfares, however, no location adjustments are indicated, Smaller tracts typically sale for more per sq ft than larger fracts and size are indicated by the market. These adjustments are applied based on the differences in sqft between each comparable and fhe subjectproperty. Adjustments are not indicated for O VOLTT PAGE 457 differences in road: frontage or composition. No other adjustments arei indicated. Paired sales analysis was used to derive market-based adjustments for the comparables. All comparables are good inidicators ofr market value, however, Comparable 3 is most similar to the subject in regards to Iocation and: road frontage, therefore, it is given the: most consideration in the opinion ofs site value. A site value of approximately $1.42/sq ft, or $33,000, is indicated for the: subject property. The comparables included sold for prices: ranging from posmaySLI61.Sla, ft with an average ofapproximately $1.45/sqft. The subject's estimated value of$1.42/sq ft: falls near the center ofthis range. O VOL TT Owner ATTICORP Pmpery, Acinn OWDallnsAvo By Clent Dalla Coopor Cotnty Gomparahle Land Sales Map Dunty Dolla PAGE458 si TX ApCads 75432 Balmodelnct a 1m741 Advonliaichurat u, D A 5 &: AvaryBaplfchurane COMPATABIEND.2 pgRES act 0:G.0 NWS Wfoumecehr ArtimAde. MEgonerh Wayienihje COMPARADLENONa a sade panirAt SUBIEGT AWDAlAsAVs:. Adathnag MTerrlArs" bineniga * Badpéflidhisalight aipnajir at (d; Enbiry gEmento ePeeT EOMPARAILENa.4) 1020S.LnkoWs: Dzaimllossw a £s16), t CDF Denk * INE am Baif D V d FE EaN -- Gomparable Landi Sales Aerlal Map YOLTE e ATTICORP PmpertyAddrss OWDallas Ave Cy Coopor Clen! Della Counly ASMAPAGE459 STX Zponds 75432 Caly Della Compurablal Lnnd Snlo1 1020 SLaka Ws Cooper,TX Comparablal Land Saloz 009thStreet Coopor, TX Compàrablo Land Sala3 801EDallas Cooper, TX Fom GPIG3K5- -TOTAL' ymAEN VOL TT Gomparahle Land Sale 1 PAGE 460 329124,-112FM Matrk- 1020SLake Ws, Coopery Texas 75432 MISH: 20363254 Closed Proporty-rypai Lind EEISMAIA Subrypg: UinlmproyedLand Sundivisionr-Heliylaw/ Adu- Cooper County: Dalta Country: UaltedStates Ppreb! ID: 5213 'Lot: 11, Block: Legil: BELIVIEWA ADDITON 1OT112414 UnaxmptTk:! 1$105; SpdiTaxAuthi Lotpiman: HDA Co: HOA Managamant Emall: GencralInfermatlon Walls: School Information Middla: JrHih: Cooper Faaturan Rostrictlona: No! Kaciwn Restlaiants) Easemantnt pther Typa afFanpa: ExtatlorBtig4t. Possorslont Glosing/Funding Romuckn. LPi sizgon OLPI;S22;B00 Lsts/Acnar $95,756;75: LukaNomat Plant pulpm: MulPrel No MuR pstr Yas PID: Land SqFE 3,059. Acrant 0.1bs. S/LatiggFt $2.2: Wil-Subdu: "SubdiMded HOA: None ROA Walisite: aExemption. No Schoal'pist: Cooper.isn, lomontary: Cooper Piimpry: LarDéncription: deared, Few'irees. Lubsiz/Acres: LessThan, SAca(motZer) PragontUsat Resdenttal Zahing, Infd: Resldenilal Dovalopment 'chyLimhi Straat/utnties -Clysover, ciry Water Surfacaughtn schoal. PublleDring 1020Slakews.Cpeper Directions: SUE-35% BACI 356-4 EstTypar. ExdysieRlah-seil Estom Stowart aalyB.Asnslatos! LL (eMTO15D3-245-0370. LoFaxr Lo,Addrs 40Fant Slas Coupar, Toxad 75432 LIstAgf Brenda Slaar.(083347B) 003-243-0379 MAEmall: Tsembsicnalen LAWabsilar Çall: Kayhox a1 g00a Show Instr: Goand.Shon Showing: Contractp Datar 03/20/2024 optExpiDitia: strPAld: -s0 Duyaram Jason) Michell RealEstafe (1SNMD1)A A59-4Q0-D107 BuyprAgt Jalmeiemancez (0820875)7 720-72R-1EGA: Third-Party.API Nb. Buyor Financingr, Cash Dottam Lnyd.Aer High: Cogper Srlghr Proparty, Nicos comerlot Int aqulot mephathamrcengien aatkmalphsal: HemenlarySchoal,* Bascball.Fipids Destriptions and-Foolbal! Fleld.Groat place tht bua.ét tiome arl Investrentiot. Roadi fntageams Lakd-and on auistrèit dytha. Apent/omtpaimtemmatpr DOM: '280 CDOMI 302 VAR:- No LDI 06/2272023; XD: Brkder 0533475. LA'FaxI LOE Emall: LA'Cellr Aathn 903-243-D379 EA/LAZ-TaxiInp. 20-Sprvsi Tranca-Stcwart(0833475)903-743- D379 OwnarNamia "Sce-Agent Sellorlypat "SlandardfIndwldua Showing: Informallon Apptr KayboxType: Nape SoldInfarmatlon Closadpatat '05/17/2027 Clas/Acra: $79,270:27 nAEmaft:. EsmEoIkteA claso BricaiFI3iaco CIg/LAtSBIS6E dis$/5qFt PpscMM-SSMSaawwsNAeAIhssEpRPN 49 0 Fom SGNLGL- uMPphsishay.atm.e-MALRANE VOL TT Gomparable Land Sale 1 PAGE 461 28A,12FM Matt alasmateDastindRaBaa,iniDumtiaa, EoproMenANTREIB: AMRgaNwsAgASREANAN us D Fasst-TRPePeNVE Gomparable Land Sale 2 VOL TT PAGE 462 129124,1112PM Mable TBDOhs Street;Cooper, Texas 75432 MLSH: 20539236 Glased PropartyTypai Land IED-Pihstreat COgn9-1X.75432 Subrypat Hnlmproved land Subdivision.w BStowart. Chunti: Dé.ta, Catmtry. Unnted.Stntos Parcal,D: 6406 'Lot: 3 DidERI. 5: UnexmptTigais. SpcTax-Authr LofDImon: HDACa: HaAManngamant: Emall: Senoralaformalion WalIs: SchuoiInformation Middlar" JrHigh: Coaper Fdatiras Roitrictionat Davelopment Hasamontn: MMEtes, ather Documantor Typa:oFFanca: Exterlar-ridger Raad Frantfagas Prop Pinancas. Cash, Conventional Bostosslont Cladl/Funilig Showing: Ramarks P: 412,000 .OLPI-S12j000 Ists/Agra $74,534.46 ikaNamot Plon prpmi "Muluprck: No MUDDat "ps: PID: Logali WBSTEWART, HCSUSTARALEI6A Land'sqFt 7,013 Atres: 0,161 $/LdtSgE $I,Z1 wit'subdus No HDAI Nope HCA Wahdlta: AG Exomption:' Nq Scitdol Dist: CooparisD Elamantary: Conper Primary: Eot.Description Comert Lat: Lotsize/Aras! LassThen 'Atra-(matZem) Prasantugot Uhimptivad,Varant Praposed! Usc Menufattured Heme, MablHomé, ZaningIhfa: Resldinta! Davdiopmont ay! LimRs Shrect/Ites: CySoner, Chy-Water, Gravel/Rack, Othar RondSurlaces Asphale Gravol Soll: Sutfaca.Right: Waterfrontr Publlenrlving Comer ofMarshalland! NW girstr Directlons: sun:. $400- BAC SACDAS LIs:7 Pypas ExdpusiwaghSel iatoffr Mopument TeitMONUDIC) 214-705-7027 LoAddr: Cowboym.-Way! Stas 5711 Frlaco, Texns 75034 HarAgt Jnydtan Marlin' (0778332) B17-575-1131 EAEma! hamptiosmtitan LAWebslta: orrwabt hssssEsssawR Callt Agpnt Koyhox": .0000 Show,Instr: Taxtaggntiinteresndt my vlewing property Show Srvcr "None Showing; aSher-langatteda Bottonh land, Act Highr Coopèr SHight Resldentia! 'GoShow-Na AppE-Needed Prpparty Dasctiplfont Tl7,013 PlaM.zanod. (or réstdentlal use, alerim aspaclous area! faral homet surounded-byal faws small.ttees, Privatis Rmks: PSwwXMtsayNA all mfo. No'Suryey. Isapg opgn lotiyith; plentylafpatential for! hudingn comfartablot IMng -pacg: Agent/onca: Information DORI 17: chonr 17 VARI "Na LDI 02/10/2d24 XD: LOFaxt 1oEmall: Haenmumamnhstrcm 9006556 aACall 817:675-1131 LAFARL LAGthn LOSpruat AngairAgulartonaizu; IA/LA2Txting: Owmer Namn: Scalax SellerTypiet Stendard/Iindviatar neklIc: 214-708-7027 Showiyinfermation Appt: B17-671-1131 Koyhox Typat. Nond SoldIntormtton. -w-XARAEpNe 19 Fom SCNLGL- TOTAL" EMPB:A-BANE Gomparable Land Sale 2 VOLTT PAGE 463 20124,112FM ContractDatar 103/05/2024 aptExpDater SrPald: so Buyer orfs GlobaRally! (IRAJOI) 972:633-7422 Buyer.Agt: Sundre Fricta (a595520): 214-274-4599 ThirdParty.APL Nb Buyer Finaneing Cash. Matk Llosedoator 03/27/2024 CIs/Acray $66;322:95 EAEmallt psendeaZegmolkcem ClazcPicatiI,gpo. Cls/lutsFISI.57 ciss/StFh Prepare'By.Chis Dlamondt Chrls Dlemondo on.D6/29/2024.1312 paaisamisatcmsnaHAPAsyPapaNsX-MAAAWAAE PIAITNNGN. zb O Fom A-EEPAEMNYAEAN Ina-1-BOD-ALAMODE VOL TT Comparahle Land Sale 2 PAGE 464 2024,112PM Malikx AAmaerDampadua.ainiGmied SAyApOZENIRE -AwsamssaA 3 FmSCALGL--TOTAL" SYIAE-ENANA Comparable Land Sale 3 VOLTT PAGE 465 #20124,111ZPM Malk BDIEDALLASAVE,Coape: Texas 75432: MLStt 20099464. Closed Praparty.rypo: Land BOIEDALASAVES Cogpar.7K75432 Subrypaz UnlmproyedLans Sahdlyliomcilaiper Coumty: Data- Countryr Ualleds States. PprcalID: 5425 Parca!) 10-21.5424 Lots. 5-GD Dlock 6 UnoxmptXE. $403 SpctTnxAuth Lort DImenr RDA Cot KOA Managamont: Emall: Gonoral: Information Wallar Schvol/nfarmation Middlor JrBht Coopar Fanturan Rostrictions! Unkrown) Ehcumbrance(s) Encomanto: ather Typa afFonca: ExtaflorBldgst. Possesslont Closing/Punding Rumarka LP: $59,900 OLPI-359,00 Lsts/Acro: $59,335,24 Lpko! Namat Plon Dupm: Multiprel Yas MUD Diti. Yes PID: Logal: GLHARPER,LDT 0006-0001, AKAN1/2 B10620 Land'sqFt: -43;203: Acras: 0.992: $/LolSgFH 'S1.39, WIIT Subdyt No HOA: None HDRT Wobsitur AGI Examptions Nq Schno-plst: Cooper'ISD Hlemontary: Cguper Primpryr LorDeseriptlonr Comer! Lot Few.Tleas LbrSiza/Aeres: w5ts <1Atrd Frament,uger ZoringInfor NONE Davalepmant: cny'Lmits; Streop/Utns CikySower, CtyWAbr Burfncal Rightar Publl,Dving CORNER CFNESTHANDI DallasA AVE: plrections: SUBE'O- BAC: 3% LIstTypat. EydusivePighsal Ictott: TmetamalvBANRNAL TARAD9aS-AB-396 ZO,Fax: Lo,ABdr: 41DHalnSiradts Sulplur Springy,Taxas: 75482 LstAgtt SydnyaP MIRCENSObAPAPA tA'Emall: Fnaplomacirehvar LAWobsttor prwaht Mtmi/lemnetchslynt Calt: Kaybax-a: 9990. Show'Instr: Showingr ContrctDater 07/02/2022 OptExpDator SirRaidi $0 Buyeraii mudhaelyNhmai RAa19D3-AB-3ISS Buyor'Agt, SERPTBAARA Third-Farty-APL No, Bottom tand.Act Highr Copper SrHigh: Praparty, Almgstp gnaz acreon! the comarofDollas Avet and! NEmhs St.Ros6 frontage'en thracs sldes:Thisy pmpeity.hmgmany Ddseriptlont possibimties suchz asi rasidental, commorclilp Investment, duplexes, téApiahadylmntelr Trmmictboparinkastale Park. Apem/amtpimtemmatien DOMr 4 CDOME 4 VARI- No LDI 06/20/2022 XDI zoEmaif: aimaPloelimalvau LACellt LADtr: Lo-Sprat 3196 Brklid: 056z7ia. AFax: EA/LAZTéitiIngE Jalnta Huddluston (019277B)903-34B- OwmarNamo: SELAGENT Sallorypar Slandard/Inditsat Ekowing.nformation Apptr KayhoxTypar Nona BaldInfermatlon cfasnd Dator 071is/2022 CIss/Acrat $50;413:39 BAEmailr. sudnvesimathxalan Closo.Pricat $sop00: Clos/Lats SF:S116 Clis/sgEt: pasisshNaswwsSNASORANENIDAPANANANSESREIdENE 79 - Foms s-TRPemihaayAE-HBANE VOL TT Comparahle Lanti Sale 3 PAGE 466 20124,112PM Malk. -AL-AA CepItNLZMZANTRES -Xww-wA gn D Foms ---. VOLTT PAGE 467 ) THE SALES COMPARISON, APPROACH The Sales Comparison. Approach is defined as: Approach fhrough which an appraiser derives a value indication by comparing the property being appraised to similar properties that have been sold recently, applying appropriate units of comparison and making adjustments based on the elements of comparison toi the sales prices of the comparables. In order fort the Sales Comparison Approach tol be meaningful, there: must be adequate recent: sales comparable to the subject in location, size, amenities, etc, Theresults ofthe Sales Comparison Approach are detailed ini the following comparable sales grid. FEATURE Addnss: 0D1 WI Dallas Avenue Cooper PrudntyboEcbjatt BalaPica BAPiRvsH.A $ DitaSaneis) Verllcalons Sourcel) VALLEADISINETS SalesorFnandrg Goccessions Datoofslaltims Locafon LnasahiFanSm,ls Sle Viu Dasiga (SMg) DlaiyutCemsinton AchalAgs Condilba Abovat Grads RoamCourt GrssthapAma BasomariaFintshsd RoomsBeloy Grade Foclonluy Hsligconng Enargy Ellicimlens GaragCapat PatyPallDack EstAdustpant (ala) AdustadSalePike dCopantias SUBJEOT COMPARABESALEE 451 Fmb 64S Cooper 3AES COMPAHABLESASF 2 4180 County Road 4111 Campbeli 36.78miles! SW CSies 17.17 miles SE $ nasF-. 3s ROOLSASAKNESL 387,500 Della Counly Appraisal District Hunt County Appraisal District 29.00 g 9 33:13 SAI-2PAAP6 MLSSodLisling! DOM=75 DESCRIPTION Olher/Private None Noted 008/14/2023 Hunt County Fee Simple -90,5832.94Acres OCounly Road.A111 72500Wanhvusaulolle OMelal -4,25016 Average 7ou. 'Bdnn. E: -770 12.000 sg nla nla TypicalFunctionel -14.500Cenlral Heal/Air Typical ONone OOpen Forch Loading Dock Grave! -1B2,613 D+ A $ 284,157 RA4, 71.5 % EMMLS Sold Listing DOM-301 DESGRFTON DESCRLPTDN Conventional None Noted R406R5 R03/17/2023 Cooper Cooper Fee Simple Fee Simple .5354/ Acres 2.00Acres WDallat3dBonhtm FM64 Warehouse Warehouse/Olico BrickBlockMelal Metal 124+- 39 Average Average 7un Emnt. Bas Tod Bmns, Bms 9,846 sl nla nla ala nla None Cenfrall Heal/Air Typical Typical Camport None Open Porch Covered Parch D+ M- RM, 63.0 % +(SArus. +)SAsL -148,737 89,375 -5,400 -10,770 -19.875 10,000 sgt Typical/Functional Typical/Functional. Addilonall Improvemenis DackFencesSiry Loading Dock Parking Surface/Driveway Concrele/Gravel Concrele/Gravel, GmssAO, 63.0 % 3 107,387 AmIsh, 71.5 % j8 113,343 - VOL TT PAGE 468 FEAIURE Addmss 0OWI Dallas Avenue Cooper Putnlybaubjed SalaPike SalaP Price/aross! LK.A Ana $ D.lzBomaly) Vetlaatgns Sorelg) VAUEA ADJUSIMEHTS SeissaFhmhg Canpessions DalaciSalaiim Localin azalni4Fefiml Els MEll Dasign(be) CalyolCanshu.tan ActalAgo Donlen Abma Grads RoomiDout GsslhigArez Basnmenla &Fnkhai RoamsTelayBats Pnclorllny Heallngloaling Eneryy Eliciertlans Barplapat PatiyPatiDack MatAdusinartata) AigusteiSaaPika dCorparabis SIBEDT COMPARABIESALEF 3 COMPAPARESHE# 311ED Dallas Cooper 0.26n miles E 3222nd St Paris spls AA 4132.4 40.miles NW S naRh , 55,0005 B E5 4444 MLSSold Lisling DOM=167 DESGRGPTOI DESCRIPTON Cash None Noted laban 04/19/2024 Cooper Paris Fee Simple Fee Simple 5354 Acres 34Acres WDallas/3rdBonham 2nd/3rd Streels Warehouse WWarehouse BrickBlockMetal Melal 12441- 64 Average Average Toul Btmt, Bms Tott Bami. Brs 9,846 sqi1 nla nla nla nla None None Typical Typical Carport None Open Porch Covered Parch 034435718 45,000 15.35 ai MLSSold Listing DOM=38 DESCRPI oN Cash None Noted 0/07/23/2021 gCooper Fee Simple +12,807. 5399-Acres +27.500E Dallas Special Use OStone -3.000/1244- Fair ToNJ Bmas. SE 2,932 sg.L nla nla TvpicalFunctional None Typical O'None OOpen Porch Addilionall Lot Gravel NEIA4,, 142.D5 8.67 IESHAES 4E3 +)SAgus., Lamar Counly Appralsal Disticl Della County Appraisal Dislrict +FSAdust +29,320 +34,570 6,345 sg. +17.505 TupicalFunctional Typical/Functional Addillona! Improvemenis Dack,Fences: Strg. Loading! Dock Parking Suriace/Divway Concrele/Gravei Concrefe X+ D s 54.812! A+ D s 63,890 AmssAd. 110.65 s 109,812 GrssAg, 142.0% js 108,880 KAd 99.75 D VOLTT PAGE 469 FEATURE Addpss 00WDallas Avenue Cooper Prudmybsutigt BaaPico SelsP PicgIrssl.Az S DatzSuurcals) VailcatmSercelg) VALIEADISTLENTE Salasor Emelng Cencossins DafsolSal/lims Loratlan Leasehd4Fret Simplo Slo Vec Dosign (Slye) CmyctConsizcn RclaAgs Condtian Aboys Greda HoomDount arossthingAtez BasemamiaFiisid RosBekw Grade FunclondU UEy Hnaingtoning Eneg/ Elclanti ams Gazplapat ParchyPaliq/Deck NaAqusimml (Icl) AdjustedSalsPice Dompazbias SUREGT RA S AAEGNS 22PBSAISNI DOM=B DESGRLPTONI DESGRIFTON Cash -None Nofed SMSEAAA 07/08/2021 Cooper Cooper Fee Simple Fee-Simple 5354A Acres 054.Acres WDallasfrdBonham Fort Worlivist Warehouse Warehouse BrickBlockMetal Melal 124+- 23 Average Average Tol Bm. Bs Tuta Bdm, Brs 9,846 sa nla nla nla nia None None Typical Typical Camport None Open! Porch Open Porch GUMPARABLESALE# 101 EFort Worth Cooper 0.16mles SE EgLs COMPAMABIESALE! 6 131 1EDallas Ave Cooper 0.16miles E nlaBY, S 8000XXL 22,000 Della Gounty ApprilsalDistrict Della Gounly Appraisal District 23.33 S93 ys 21.44 QTA44 MLSSdidListingl DOM=81 DESGAIDN. Cash None Noted 012/21/2022 Cooper Fee Simple +29.777.041 Acres 14.000E1 Dallas Relaf/Warehouse OBrick 5,050124 +- Fair To aom. Es 1:026 5q nla nla TypicalFumclional Nons Typical None Covered Porch ONone Off-Site B1,957 K+ D NaM. 388.1 +SAust +SA4L. +30,581 ) +10,250 +44,100 1,200 SA. +43,230 Typical/Functionel TypicalFunclional Addilional Improvemenis DckFences,Strg None Parking SurfaceDiivavay Concrele/Gravel Concrele 6+ D RetAd. 292.75 B4.941 GmssA Ad. 328.8 5 s 109,957 dmssM), 388.1 % 106,041 D VOL TT PAGE 470 FEATURE Address 00W Dallas Avenue Cooper Prapdmilyi ioSubjact SalsPrice SalePice/Gmss! Ih. Area DaizSourcelg) Varfcation Sourcels) VALUEA ADJUSTMENTS Saleso or Fnarclng Cmnpassions Dalso asaleTimg. Localicn LeasehaldFaa Simple Sa Vn Dssign (Slye) Quallyo DtG Gonsiuclion AclualA Age Contilion Abnat Brda Room Count Gross LMngA Ama Basemnt &Fnished RoamsBelny Grde Fimclonal! Uly Halhglonling Enargy Elciemt Rems Garag/Cupat PorchyPall/Deck SUBEGT GOMPARABESALE 121.SW 1st Cooper 0.12-miles SE nia sLjs 15B,000 $ 15.91 spl DESGRIPTON Active c.enla Cooper Fee Simple .201'Acres Relall/Warehouse 124+- Average S5, Della County Appraisal District 3554 , MLSListind! DOM=37 DESGHIFIIGN +SAdust. S nfa Cooper Fee Simple 5354 Acres WDellas/rdBonhem SW 1stFW Warehouse BrickBlock/Melal Brick 124+- Average +20,684 TotI Bdms. Bmmz Toni Bams. Bans 9,846 sg.. 9,930 sgi. nla nla None Tvpical Carport Open Porch nia nia None Typical Carport Open Porch Typical/Functional Tvpical/Functional Addiional Improvements Dock.Fences.Strg Freezers.Fence Parling Suriace/Drivaway Concrete/Gravel Off-Site NotAtjusiment (Tla) AdjustdSalBPica ofGomparablas 7 K+ D s Natkd). 13.1 & Gmss Ad. 13.1 % s 178,684 20,684 The comparables included in the! Sales Comparison Approach are thel best available that have sold in the areai ini the past fhirty-six months. Due tot the rural nature ofthe subject's market, itwas necessary to utilize an extended time frame and neighborhood to obtain a sufficient amount ofmarket data to develop the Sales Comparison Approach. This is typical for properties ofthis type. Adjustments are not indicated: for differences ) VOL TT PAGE 471 ini financing terms. Comparables 2 and 3 are the most recent sales. Property values are stable and: no significant time adjustments are indicated for thei remaining comparables. Comparables 1 and 4-6 arel located in Cooper similar toi the subject. Comparable 2is located in ai rural area ofHunt County and Comparable 3 is located: in Paris, however, location adjustments are not indicated by the: market. Site adjustments estimated at $1.42/sq ft are: indicated by the market, This multiplier is based on the value/sq: ft indicated for the subject property by comparable. land sales in the opinion ofs site value. Comparables 4 and 6 arel located on the same thoroughfare as the subject. Comparable 1 is located on an. FMI highway and Comparable 2 is Iocated on a county road, however, no adjustment: is indicated for this by the market. Comparables 3 and 5 are located on inferior thoroughfares and adjustments estimated at 50% oft their sales prices are indicated, Comparables 3, 5, and 6: are most similar to the subject in regards to design. Comparables 1 and 21 have: finished office space and adjustments estimated at 25% of their sales prices arei indicated. Comparable 4 was most recently used as as religious facility, however, no adjustment isi indicated: for this by the market. Adjustments are not indicated for differences in construction. The age adjustments are based on anticipated age. life depreciation differences estimated at $50/year. Comparables 1-3 and 5 have been generally maintained and arei most similar to the subject in regards to condition. Comparable 41 has been gutted and Comparable 6 is ins need of frepairs and maintenance and condition adjustments estimated at $10/sq ft: are indicated for inferior condition. A market indicated multiplier of approximately $5/sq fti is indicated to account for differences in gross building area. This multiplier is approximately 25% of the average pricelsqfindicated by the comparable sales. Comparables 1 and 21 have functioning - VOLTT PAGE 472 central heat/air and adjustments estimated at 5% oftheir sales prices are indicated for this by the: market, No comparable were detected with a carport, therefore, no market value can be attributed toi this improvement. Adjustments are not indicated for differences in porches/patios, additional improvements, orparking surfaces. The contributory value for these attributes is based heavily on preference as they are typically business specific and difficult to pattern through market analysis. No other adjustments are indicated by themarket. AlI comparables are good indicators of market value for the subject, however, Comparables 1-3 are fhe most similar sales. They are given the most consideration in the opinion ofmarket value. Comparables 4-6 arei included for adjustment purposes and support the value indicated by Comparables 1-3. Paired sales analysis was used to derive-market-based adjustments for the comparables. The adjustments applied aret typical for the area and necessary to adequately represent the local real estate market for properties ofthis type. While some oft the adjustments and resulting adjustment percentages are. higher than desired, they arei necessary to adequately represent the local market, The comparables included sold for prices ranging from approximately $8-33/sq ft with an average of approximately $22/sq ft. The subject's estimated value of$11/sq fti falis in the lower end ofthis range due to its lot size, design, age, size, and lack of central heat/air. Based on this information, a market value of approximately $110,000 is indicated for the subject property. The comparable sales havenot transferred within the twelve months prior to their dates of sale. Comparable 7 is included as an active listing. Itis given no consideration in the opinion ofmarket ) value. ESTIMATED VALUE FROM: SALES COMPARISON APPROACH $110,000 ) VOL TT Ower ATTICORP Propaty Adlnss OWDollas Avo ay Coopor Cllent Ddlla Counly Gomparable Sales Aerlal Map Addendum PAGE474 Carty Dolla Suls TX ZpBate 75432 Comparable 1 451Fm64S Prox.toSub)ct 17.17mlosSE SalsPica 290,000 Grossl LhvingA Ara 10,000 TolalRooms TolalD Dedroons TolalBathrooms Location Cooper Vow FM64 Site 2.00Acres Quilly Molal Aga 39 i Comparahle 2 4180 Counly Road4111 Puxt toSubject 30.78r milos SW SalePrico 397,500 Gross LMngArz 12,000 TolalRooms TolalBodrons TataiBathrooms Locallon Hunt County Vovt CounlyR Road4111 Sle 2.94A Acres Qmaity Motal Aga 1B R Comparable 3 3222ndSt Prx,l loSubject 32.401 mllos NW SalaPiice 56,000 Grossl LMngAra B,345 TolalRoams TolaiBedpems TolalBathmoms Location Parla Viey 2nd3rdSiranis Sile .34A Acms Qually Matal Age 84 - FomP R-TNEpaiehaiyharaia-BALEE "Kty . VOL TT Ouner ATTICORP Popay Mianss OWD Dalles Avo Cty Cooper Cimt Della County Gomparable Sales Asrial Map Adtlendum PAGE 475 Cany Dolla sTX ZCnla 75432 Comparablo 4 311EDallas Priosubjert 0,26: mllesE SaloPico 45,000 Gross IMnAra 2,932 TolaiRoons TolaiBadroms TolalBalhmoms incallon Cooper Vaw EDallas Sils 5398 Acros Qually Slons Ags 124+- Gomparable 5 101 EFortWorth Pr.tSubject 0.16milas SE SalaPrics 28,000 GrosslhngArea 1,200 TolaiRoams Total Bedrocms TolalDatluoms Loalion Cooper Vaw FortV Worth/ist Sis .054 Acres Qually Molal Aga 23 D Comparable 6 131 EDallas Ave Pax.taSuhject 0.16mllos! SalsPics 22,000 GrosslingAra 1,026 TolalRoams TolaiBedmams TolaiB:thoons Loration Cooper Vow EDallaa Elo .041A Acres Qually Brick Ago 124+1- SAve D Fom mm-DMPpaswemiyim-HPAAIRE Comparable Sales Aerlal Map Addendum VOLTE Ummer ATTICORP PrpayAddn OWDallas Ava sy Coopar Clen! Della County PAGE-476 ETX ZpColt 75432 Comparabla 7 121 SW1at Prz.toSubect 0.121 mllas SE SaloPilco 158,000 Gross! LMngAra 8,930 TolalRooms TolalBedoms Tolal Balhmoms Localon Cooper Viow SW1 18VFW Sio .201 Acres Qually Brick Aga 124+- Cny Dolla Gomparable 8 Pro. toSubject SalaPrica GrosslhngAra TolatRoons TotalBadroms TolaiBathpoms Loratlon Viev: 5le Qually Ago Gomparable 9 Pruz.loSublect SaloPics Grossl LMagAra TotalRooms TolalBeiroms TolalBalhracms Loration Vinw Ste Qually Age O Fom PICPIKCR-TUTAL": appraisils solwar! byalamda, Ihc.-1-800-ALAMAODE VOLTT Gomparable Sale 1 - Page 1 PAGE 477 B2924,8:15PM Matke 451 Fm 645 S,Gooper, Texas 75432: MIS#: 20134284 Closgd Proparty Typat CommarzhaSale. BIMICMATEIETASTE Subrypot Werehause LGWLPI. Subdlvision:) NgtA Appllabie "Countiy: Dela, Coumtryr. Unat.States Porcall m: 3972 'Lotr 13, Dlocir: 6 UnaxmpETkz: $5,262- SpelTax Auth: DIdg'sr: aupoo/Dwnar YrBullt: 1985/Preowmad" Apprar Latsqt 67,120/A55Essor LotDim: Comerallatormation Leasabld SyFk a Lonsuble-Spore: Leago: Expira Datct Faatures Cdling! Haightr Marslfanz 20F FIE Flooringt: Heatingi Canling: OWner Payd: Lansa'l Deset Epecipi.Notes: Possseslont Closing/Punding Romatko 1P: $388,500 OLP1-$395,500 GSE #/GrsqFz: $38.65 Lika,Nimat Plun pvipmr MulPrch: Ni MUD:Dstt No PID:, GrossSgFt uppq0 Zoning: comm MultZinor, Ho sunits: 1 Acres! 2000 Avg Monfhly: Leasar Spaces! Lahsdd; Occupancyutgr Cancrate Central,tlectric tapnaiRTaN Logdl: 03071 EEPSCR,TKCTALAEZA TAKKET AduteCemmunityl ys Subdluz estorlast N Gross Incoma: No NotIncomo: $0 Annusl.Eypansas :$0, Buldipg! Usu: ome/Wareltouse, Sparaget Worehouse, Othet* Alerm/Sueurity: Firawall) Incluslansi Bullding'only, tond.al Improvoments tots Sizo/Aeras Iwe3Acs Topogmmphy:. Sall: RdF Frantt Dasct Countyr Road, FHR Road Tanant Payai Othar Foundatlont 5lab Constructien: Concreta, Motals Siding,s Sted Siding, Wosd Tot AmE Exp? Inct Reoft Wallai FralgltDoars Dock/Grado, Grade Level, Tomp Dock Stroat/utQuest Asphak: Shawing: Parking/Garegur drculart DrivewayOpan Mélai Hetal, Paporad, Totura Appelnimants Only Property Submity younpestellernowi CommerelalP Propeny with Ehapgpo'sgé fpnZegeplot, Therais apgrsimately Dascription: 3000rohafTces jatd.outt In2 2story-fashlons wthe canference roompmlalk kitchonistorage, atmsamsinbalhenlaim Wareliousew whichl has shomsimitdy7omats space. Madermipammerdlels grade'çiment: slab, heavydutyn metal shructurgwi,. Industrial 3-phaser poyer Naw 25.yaapsicon Installplar oppllad anr rooforb bonpepergyvinps: Bulding-has' 4Jarga.motsl doors foraccess, Defnitelyaidlamend! Inlhm.rulralfin.a waaticmiyialiyutls drecthighydy 24gerass fromi FM,64. Eocationin-o CooparB Businesyrowthanya. watesgyerae xpellentpower Propartyo qanernting $5:500pert month unt March: 20231 affirs.o Oailhaeafanypdialcant end alsb apyisanesyhiacini PubieDiiving Amproximpttly)mles' Wosto afHwyz4 Diractionsr Lokn Typat TreatAs-clear. Emt Typo; SUB:D--SA bAc: 3,-56 ListTypar ExcuslycAgancy It-a. OmozThrge calv.LIC/O2R01): 210-742415B7 LoAddr 81271 OokI Itland Drisan. Altanie,T9sps78250 LIat-Agt: prende; Znmbrno 0B10733210-421657 LA'Emall: mezDrehsikseran prhssisk-ANADXgAawwENpgAiTAN Privata-nmkst Taschodulag pshowingor formore! Informallon call ocema'Ed Carterats APSCYEAES Flnanciall Informatlon Agent/orica Information DOM 47A Dali Lenderz cppM: 301 VARI, No Payment: arig-Dator ED: 08/05/2022 XDI LOFax LO-Emailr Omzlamemihanku LACall: Aathr EndMortgr Na. DIçLIg 9007943- LAFax! LA/DA2-Tpxting Ys/ tpaatBaipewac.. 13 Foms at-mMPepsiAheAI-EALAIE Comparable Sale 1- Page 2 VOL TT PAGE 478 528/24,6:18PM LAWabaltat offWob! mmuansZthrtahcen Callz Owner; Other Koyboxt Dada Shovz, Instr: Occupansy: Vacant Shawingt Appolntmantonly ContractDhta -01/26/2023 OptExpData: stcPaid: $o Buyorfl: DwelBsaly wtn6ay9a:s259357 BuyarAgtr SusaA Amold (0700560) 903-BD5-3015, Third.PartyAP! No DyeFiamhsaaonmstiant Malhe LoSprvar Exanda-Zohmbrano 0S1D29A)210:742- 1657 Owner! Namo: Zetayizatle SallarTypar Standard/indiuduai Showing! Informntton Appk: 210-742-1657 KayhoxTypnt None Opan Hounar SoInformation ClosedDatar 03/17/2023 Clag/Acror $145j000.00 BAE Emall un.mmA7Pvansem: closa.Pricers $290,00. Cs/Lot5BISI33 Cles/5qPt: Proparéd-EyI Chrls DlamondiChrg Ohmgpdamepg20AIBAE A-MASwMMwweAAMCATMTASMANSASERMSERMORSNCE. 2/3 D FMsRtE-IMePaieaHakyi-Ai-ERAINE VOL TT comparable Sals 1 - Page 3 PAGE 479 2024,B16PM Motk. E4, Pamata:pereiRga.tutmaidimatan. CapALZD2NIREIS, < pahatmisatkaahnMPASPECAgAwAIREaSTHNIERANDAENURPAySpaCH-Ia.alae. 3/3 J Foms SCKLGL- TOTAL" appralsalsahwaeb byalan mode, Inc,- 1-800-ALAMODE VOL' TT Comparable Sale 2 - Page 1 PAGE 480 3002A,3:1DAN .Malkx- 4180 Counly Road 4111,Campbel, Texas 75422 MLSA: 20342983 Closed Propartyz Typar Commurrlajsala 4100 Camny-IenNHICamatLTAIESIZAEL LP: 075,000 SubTypa: Industrlal OLPrSB75,006 LOwLP: Subdlvisiont Nona 'Countyz. Hunt Country. UnltedStates Parcal,ID: 221403 Lat: Block: UnaxmptTki 1$4/976 SpdTex-Autht DIdgsF: 12,0PubliReconts YrDullti 2008/Preowned Apprarz LotEgFkt igpas/Palil-Regmis Lot DIm: Gencral7atormation Lonnabla S4tr 12,000 LensmbleSpncer Lunsn Expira.Datg! Faatures Calfing Haight: 15to 20F Feet Flooring: Henting: Cooling: ownor Paysi TOLA Ana. Exp Inc: Lnasa Dosct SpeclafNotosr Remarks #/G-5qFL: 1$72:92 LakaNima: Plan! Dvipm: Mutuprck Na MUD Dat: Nd PID: GrogssgFt 12,000 Zening! Nena MultZenar No #Unitar. 1. Acras: a540 Avg ManthlyLenna: Spaces-lmaned: Occupancy.iptar Cangrato, Olher Flectrc Central Alr Lpgdit ADZAODABCHAIESG,TMCTAS,ACRESZM4 Adult Communityi wwisubdlir Storlont 2: dross Incomas $o NotIncoma, Amnual Exponsesi a Inclustonst Bulldingdnly, Land-s Improvemanis Ldts SizafAcre: Ito<3Acus Sall: Tepography: RAF Pront poset chyStreat Tennnt Paye: guhiar Fauridattont 5inb Constructont Staelsiding Roof: Walls: Stroat/utDlast plySowog:cyl Watar, Elactriaty Conhactod Showing: Parking/Qarager Gravel, On-sto pundiqu Usot Autarhnolin, Inldustrtal, omce/Wareliguse, Storaga Warchouse, Whalesais, gther Matal MAtal Dock, Remp.Dock Sts-atimgoa FroghtDoars Dock/Grade, Dockiugh, Grade Layel, Léading Passasolont clesing/Funding Property poactiption: Tils 12,001s squara-fogt Taxspgco is! locatedat4180 Çounty Road-111, Campbal, Jpxns: underthren: apres witht na: zoning. Located jast fourminutes! from Hghway24e andiess than: Thrpropartysitg somhimanitiseslats on Just 3D;tha'sitehise easy accesst tamalertramiewasi thrpught Hunttatmy-heapgo,: squr-! loot Warchauséfeatures much Fverockhgh.doers, motez Tiez additlone!. fourgradal 2,00p: Tavel coorhealiagunlig, msman/wesagkPasat to.3 Phasa Convartars; and Amd upstalrs lopwitht thrpar morec omens. Thias sitey wopidpay perfect fery any manulacturen momeurpikatsalte,; dishibutton; orseveral restroem, square-feat afatlicd! Includes areceptiony braak Financtal Information Agent/arica Information DOM: 95 Ight Industrlal. uses. plrecttans: Pubileprlving ScaGooglal Maps, Lonn? Typa: TnbAklear PmtTypa: SUD:0-4% EACI 3-% LiatTypat kdusivERgMETASAI Lasor MaD-TenlEntatg DABIPOI)9T21IR-925 LoAddr: 2590.Dibcovary: Sta200 Rockwal; Texms75032 LstAgt: Shongi Handrix (0728260y314-460.9926 LAEmall shnamhameapmalken LAWabska: gther Prlvntg Rmks: Taremalarstructure: shown.en thoprpertyl Is NOT Indudad In.thes safc. Enl: Londeri CDOM: VARr 75 No Payment: OrlgData: IDI 05/31/2023, XD: LO.Faxr LO1 Emallt LACel!: Hammvmdrssnsen LA-othr: Lo'Sprynt aRtESNgAAuNS ZntMortg:. No B:KLIC: 96n5323: LAFax: L/LA2Taxtingi - 114 ) Ferms ---w.wX VOL TT Gomparable Sale 2- Page 2 PAGE 481 J E3DI2A/B:DAM Call: Agant Kaybox": 000 Show.Srvc: Nona Showinp? Cal.lisiipAgent, Callisting OTca SirPald: $9 Buyar ofl MaDRealEstats HDLPOI39IZTZ-4025 Buyar Agt: Danny Parz (0656355) 972-772-6025 Third Parly'AP! No Buygr Financing: "Olher Matrkx Showing: Information Apptr 469.757.5132. KeybgxTypa:. Nono Sola; Information CIss/Acre: $135;204:08 BAE Hmaill temEndegta.n OwnerNoma: "SecTxRoll Slanderd/IndMidual Closa:Pricdy $397,500 Clas/LGiSRS3,0 chs/EqFt Shaw Insty Contactithe! lthgagent fdrn nhoyinps, Shane HéndHx, 459.757,6132. SellarTypur ContractDate! 07/27/2023 OptExp Datat 03/15/2023 Clorc.Datu: GB/14/2023 PreperedByrChisi Diomond-Chris Dlamand ont 06/30/2024'09:10 MaeAkaNAiwAIA-A-AAMACIRTAEAEWIDRASBSNAgPaISPAIMORCE. 214. ) Fom LL-TRPpaiahABEAI-EPALANTE VOL TT Gomparable Sale 2 - Page 3 PAGE 482 S3024,B:DAM Malrk ----w--eL 344 --------- VOL TT comparanle Sals 2 - Paye 4 PAGE 483 630I24;B:DAM "Matrkx HC--A Poprch-ZIZANTRES., MAMSMAPANSNAMAMPMCENOACMANAGMEPEESACEL K Forms SCNEGL-TOTAL'. spahaisahmptyalama.m.-ISDPALANAE VOLTT Comparable Saje 3 - Page 1 PAGE 484 I2812AF7DSPM Matt 3222nd StreetsW, Paris; Texas 75460 MISA: 2045829, Clespd Praparty? Typa: CommarclalSala 3222nStrents sW Bnle-TX7B460-5721 SubTypar flolall LowP: Subdivlalent Cty OfParis County: Lamar Country: Uniten Stafos: Parcal ID: 16560 Lotr 17 Black: 176 Legalt CITKOFPARS,ALOGFI76; LOT 17,322SW2NP UnexmptTki. 4536 SpelT Tox Auth BldgsF! G345/PabilcRerarls YrBullti 560/Eslmatadrreamed Apprar: LotsqFt: 14,10Pasileecards Lotnim: Eeneratinformation Lonsnhlo SqFt "a LonsableSpace: Loaso Expiral Date: Panturas Flonringt Heatinpi Coplingt. Dwrior Payst Tot.Ann Exp: Inct Loasc Dasct Possossiont Closing/Funding Ramorks "Finpnela!: Information Agemt/olcsniemalion DOMr 167 LP: OLP-S79,000 $75;000 #/GrSAFH $5:02 takaNemat Pinn! Dylpm: Miniprel No MUDI Drt: No PID: GrasssgFh 14,754 Zoningt COM MultZano: Na sunta: 2. Acras: 0:340 Avg Manthly Lauta: Spacos Bensedt, OrcupancyRuta: Condrato, ather pthar Othar Adule Communtty: wilIs Subdluz *Storfes: 1 drass Income: $0 abIncomar. $0 Annual Expansest #$0. Duding! Usa; Other Incluslons: land'aT Improvements LotSizi/Acro: LossThan.5 ACD (riotz Zero) Topopraphy Soliz RiFront! Desct Iy5 Striat" Tenant Pays: AUuRUes Paundationt Qther Constructtont Metalsiding, Wooi Roafs Frelght Danrst. Showlagt Patking/dnfaget Dutsldh* DIroctiongi Lonh Typp: Thatns-Clcar PmbTypa: SUD:3-6 BACI 3-R6 LisfTypar Exdusivé RigheTosar snoo roA Addrs 3749 Eamar Aval Paris, Taxan75460 HatAgt: LAEmallt LyilaE Eltzegrald (0604954) 903-495-1G92 1AWahpitet ealniaerRamalken of Wabi: Hthmisa-asstsaen Call: Kayhox#! a00o Show Instrf Caling Halght Btoipres,irtoi4Fect: Metal G5how-NoApptri Needed Straat/UHNen CablaAvallable, city-Sewer ary-atèr, Concrate, Eactrittys Connected PublleDriving Locabedh Intheheaptot dgwntawnen; 2nd Street.s sw! batween Proparty Dasctiptioni Thlsis! tha.oldo Cattan Gia, Itsits an.-i-shaped làty wtih 83.5-Trontage-o on 2nd.StSW and! lsup to 200'd daep.This would makedg great, arehouse or garaga.1tis! located.behinid.: ha'Farmers Matketnnd has plehtydf rdom! and Sherman! Kayfmana Streets Payment: oflgDatc: forp parking 2nd! Mortgt Ng. Bol: Lender: CDOMI'167 VARI No LD: 10/18/2023: XD: 10Emall: -fhvomsemgausan LACalit 903-495-1698 LAFax: LAG Qthrt LoSpra. Ehad PauPCsAsp9BA7AXXAO Llator: slastularhasatnass (CUMADDTO,BD3-7124 LO-Pax: 963-782-9172 Brknà: 0509494 FA/LAZ-Texting. Standor/inilwidut PettyrgpeLr Shawingz Informatian Appt: KoyhoxTypur Nona Ownar! Namm SallarTypint ---Saww-swsNsRAN "13 ) Fasau-mMEpaisahsA-HAAENE h* VOL TT Gomparable Sale 3 : Page 2 PAGE 485 ) 129124,7.DSPM Show Srval Nona Occupancy: Vacant Showing Go-Sh6w-No-Apph Needed SurvellamceDepleus: Prasentr Nong Contract Datat p4/02/2024 Opt'lixp! Dathi SirPald: $0 Buyar o#: Glarrland: andl HOmALIC(GLAHdOIO): 903-785,1457 Buyer Apti Keren'Mprs (0541391)5 903-517-9383 Third Party.AP: No- Juyer! Financing: Pasls Molk Opan Housar SoldInfirmatfon Clored Date: 04/19/2024 CIs$/Acrat $161,764,71 BAEmallt ammeslbviamhressn ClosePricat- $5S000 Cl/DotsF1$3.75 Cls/Squ PreparedBy: Chris.Dlimond Chris Dlamondonp p6/29/2024 19:05 MPrAMARimsauaaDARSPAeAMANEAPRARONTATIBVNRPMRAEBANPNA. 23 FemSCHIGL-" "OrAl'apraisalsubwan! tyahmahla-tBALNAE VOL TT comparable Sale 3 - Page 3 PAGE 486 #2024,7DS.PM Mntse .cs-wA CantaitOZANTRS. -XwAsRAN 33 D Foms SCHLGL-TOTAL", AX-EMANS * VOLTT Gomparable Sale 4- Paga 1 PAGE 487 ) 284,61FFM Malle 3HEDala:Aluu,Copu; Texas 75432 MLSH: 14645302 Clospd Propartyrypar Commonclal! Salo 31:EDallasAvemes SAAIRE-TKZHAI7-200Z SubTypa: Buslnoss Pr $60,002 OLPI $E0,000 LOWLP: Subdivislont R&HAdd County: Dela Coumtry:. Ualtuds Statos Parcdl,ID: 5307 Parcal! m2: 6300 Lot: 6 BIOEk: I Unaxmpt7 Txz $414 Spelt Tax Authz DIdgsF: 2,932/Assessor VrBuntr 1900/Preowned Apprar: Lot-EqFtr 16,248/Asessor -LotDint Ganerall Informallèn LonsableSqPu 2:932 LoarabIa: Spacas Lorsal Explral Datut Fanturos Flonringz Henting: Cooling: Qwnar Payst Louse.Dascr Speclalt Notas: Possustlont Closing/Funding Remarks $/GrsqFt -$20,46 'LrikaHama: Plon! pulpm MunPrel: Mes. MUDDat Yes PID: GrossSqFi 2,932 Zoning: Nonu MultZona: Yes sUnlisi 1 Acraiz 0.373 Ave) Monthly-Lonsa Epacar Lossadt Oecupaney.ratar Carpet, Vinyls Wood daslats,other Other Legil: MACALRAELNN Adulto Communtty ws Bubdlur dstorlent 1 Grosei Incomo: Not Incontat Annudf Expanscsi, D Bulldlagt Usat Church Inctuslonst Buldingonly Lot Bizu/Aurat. Lexs-Thmnt.SAta (not2 Zerbi Topadraphy: Sotl: RdFrontDast TanantPayst cthar Foundatlon: pthor Ropft Walla: FralphtDagret Strabr/4tmos ciySower, Glyv Water Bhowing: Parking/Garaga: Garage,Facts! Font OnStreat, Other cdilng! Holghtf 1ito 14F Foer, B;hid,Ecet: Moralhar20-Féat Composhlon othar Froparty. Historital.Churcht wiht beautfus Stalhed Glas.windows. Archhtactura! Is beautint. Insidel Ispretty: mucht totallygutted Descriptlont but! hassôn mank possibmas. Now! Ronfinz 2019. New doctical, breaker-box! Installed! 1K,2019. FiiOncormpwaadty pole-and Now Wiret to'Butding. Perfect! forr renting gutforplays, muslenlsn andsuch.sur has ariginal chalrs! thatluad downt tob'stigo, Irioiida alidb bon medol Inton araslience-Thel I6t boslda! thet Church DOES NOT GOV WITHIT BUT EAN POSSIBLY BED BOUGHTS SEPARATELM-Tliey vacertlotz across thas tawwaAtiase Excludust Clarendon Plano PubllaDrving 311 EDallas-Ays Dibocions: Loan Typat TraatAxClear PmtTypat sus! 0-36 BACI 3-% ListTyput ExdusvainiptTSai Liptors Century21 HatGrou (ERMTOI) 903-455-5B32 LoAddr: 25001 IHID Graenvllle,, Taxus 75402. st,Apt: Dransowrt 0s3470.385.45037P LAEmll: PsrapSIRpaalcon LAWebsito: otrWabr whrcztiaigncom Fnanclal: Information Agen/otieaialematen DOM: 38. Sal: Londert CDOMD 38 VAR: No Paymant: origt Data: EnfMortg: N LD: 05/15/20Z1 kD: 10FaxI. 903-455-5055 ErkLiar 0456311 LoEmall: lmbmhsmli LAC Cell: LAathr 903-243-D379 L/LAZTextingr Losprvat Grafg Enplish LAFaKI Skowing Infarmation adaadstAnaNAPNAPNNNAANIsNe OOSSSSS 144 0 Fams sRa-mAPepiayyrBPMA-EBANON VOL TT Comparable Sals 4. - Page 2 PAGE 488 28124:E:1RPM Call: Hayhox#!! 9999. Showziistr: Call-Agerit" showing cantract! Data: 102723/2021 optExpDatas slçP Pald: $0 Buyar orf NONMIS (NMESOGNM) 999-99919999 Buyor Agt: Non-Mis Member(999999), Thilrdr PartyAPI No, Buyor Finaneingi' 'Çash Malrkx Appt: KoybexTypat Combo' QwnerNamo: SenAgan!: EdllerTypet Slandant/indiidusl SoldInformallon Closed Datat D7/23/2021 Ciss/Acro: $120;G43.43 DAEmnil ClosePear:sa,0g0 Clap/lat5E1g277 CI$/SgF4 $15,35. Prepared" By: Christ Dlamond Chris Dlamoad onDE/29/2924.18:18 -w-MSSONEN 24 5 Foms SONCL.-TorAL-aprihsls aybPAl-MDAATE VOLTT Gomparahle Sale 4- Page 3 PAGE 489 12824,6:1BPN Mtk MP-PaisasakasaaaNSCANSPAPNAWEAINAAENEATBEIMEWPASENSyegatswpasaéni- 3A4 D Fatat-mNEepasawhmAE-BBLATE VOL TT Gomparable Sale 4 - Page 4 PAGE 490 12024,8:1BPM Matk- lamabaDasradralahaaamiGuamans. CoprgE202ATRES. - .a-seNAXASAwASASUNGANMRMMOAMACMARNeORaN 414 O Fams SRA-TRPpiEnaNLyAE-MABRAUNEE VOL TT Comparable Sale 5 - Page 1 PAGE 491 29124,81BPM Malte 101E EFattWorthAverue, Cooper, Texas 75432: MLBA: 14506683 Cjosçd ProportyTypo: CommerclalSalo. 101HForWert! Avenua CASRE-TK7H4I-2C02 LP: "$39,000 Sublypot Mixed Usa OLP: $35;000 Lowt LPI Subdivialont oliTnwn.Cooper "County: pélta" Commtry Unftud.Status Parca,D: 5050 Latr 9 nlack: 13 Undxmpt.Tk: $413: SpriTax Auth: BldysF: 3,200/Assassor VrBullti 2001/Preowned Apprar LotsgEt: 2;352/ASSESSaE Lotr Dim: Gonarnl Informatlon Lenanble Sqt: 1;200 Lensabje:Spaca: Loaso! Expira Dato: Foaturos Calfng Haight other Floaringi Hontingt Coplinpr. Ownar Payst Lunsa Dascr Spaclall Notant Passasalont Closing/Funding, Romatks Fnancial: Informatlon Apei/Ctieaimiemmaten. DOM: 9 #/GrSqFt :$28.17 'LakeNamtar Plan! pvlpm: MuniPrel; No, MUD Datr ys PID: Grosgs SqFt ,200 Zening: Nona MulfZonat yés' sUntis:. '3, Acras: '0,054 Avg Monthly.Lsbsai Spacas Lensod: Occupancy.Ruto: Concrato NoneyOther olhar Legil: :OLDITOWN yagErS,AN Adult Communityi wnsubdlv #storlos: 11 Groxs- Incomar NotInconet, S0 Annual. Expansas: $0 Incluslonst Budingdaly Lot'Sizc/hcrat Lrss mamsAemematZar) Tapography: 5of: RdFrant pager Tanant Pryui Other Foundntlon: Slab Raof: Walls: FralghtDonrs: Strnat/lunts tlyJemep,diyWater Showing: Parking/Garagar Garaga Fateg Front PubDriving 101,EFEV Worthst Dircctlont: LonnTypu; TrantAs! Clear Pmtrypat suni n-% BAC: 3-% listTypat Exdesivrightnsat Listaffr. SamtrZiFinEsrou (ERMTOI) 903-455-5352 Lo-Addr 25001 IH30 Gremvlle, Toxms 75402 LctAgt: DrandnSlowart (0535475,90.3943-0370 LAEmall: HatmmataIgmatkon LAWabsiter orWabp mmgiPnisnuasn Call: Kaybox# .9999 Showz Instr: CgIA99.901-285-0379 Showing: Bulldiqu Uset Autorotha, Church, ather, Retall, Storage Warhause,Whdlesais Metal Motél Proparty, Graat Investment opportniy ur nica! byuding, mmyenlenpyjpcatedl tatha, Coopurs squara tastartthabnew! busipess. Descriptiont Bildinph hasr manypassibillas: suchs asagrestrentalt Income,rotal, mechurleshop,woet: vakip-shopt clc. Bolt Lendeyz CDOMIS VARI: Na Paymant Orig.Data: 2nd Mortpr No; LD: Q6/21/2021. xa: LOPax: B03-455-5055 BrkLIc: D456311 LoEmall: hmxaounelngmitan LACell: LAOthr: 903-243-0379 LA/LAZ-Toxtingt ZoSprvsr Cralb) English pwnar Numo: ScaA Agenk SellerT Typo: Sandani/lniMdus FAPax: Showing Informatlon Appti KuyboxTypag Combs, Sold.Infarmation penmaskasaAPAPIAPAMAMMISPANTEARATESMDAAAaDBawNOCNL 113 O Fom SCNLGL- MPpshmA he,-1-BOD-ALAMODE Cumparable Sale 5. - Page 2 VOLTT PAGE 492 $29124:0:18PM Contract Datn: 06/30/2021 OptExp Dato: sir Pald: $0 Duyer ol: NONMIS (NMISOONM) 999-999:9999 ahyer Agtr Non-Mis Mienher/a9n999B9 THira PartyAP: No Buyar Financing: Cash Mairte Closed.patut 97/0M/2021 Clss/Acrot $518,510:52 BAE Emall: Clasal Rripat $28,p00 clag/latsPaS11S9 clss/Sq4 $23.33 Prapared sy: Chrls Djamond Chrls Dlamond ont 06/29/2024,18M0 MlpalnntniamatwonAaOAEaRdPHMaNwpwwEAIMAPANTEUTEPNOwAVPAeagacEZiheoiycw. 2/3 O Foms SCHIGL-TOTAL" appalsal MHyBPAL-HBALAIRE VOLTT Comparable Sale 5 - Page 3 PAGE 493 y 02024,5:18PM Mate ACA Deproh:2D24NTREIS. pasintanaAAPEPARIeNIACRNINUNERISARANSACN. 33 3 Foms SGNLGL- mMPmhushantyahriaiae-IDALANINE VOLTT Comparable Salo 6 - Page 1 PAGE 494 2/28124,:7PI Maltx. 131 EI Dallas Avenue, Cooper, Texas 76432 MISd: 20160091 Cfosed PrapartyTypor CommarlSale 131EOina Avenuos Sunnr,1X75432 Subtypas Rotall LP: $55,000 OLPI $5E,0D0 Low LP:. Subdivislonr, none Caunty: pels Country UnttoStates Parcall ID: 7363 Lot: Dlack: SpctTaxAuth BldgsF: 1,025/Owncr VrBulltr 90P/AasessePitomsi Appran' 10134P.BD/AsEer LotDimt Ganarail Informatlon Lonenbla SqFt: 1,026 Lensable Spacat Lensol Expiral Date: Featurea Flaaringt. Honting: Cooling: Dwnar-Payp:. TdtAnn ExpInct Lanco Dasct Possorslon: Closing/Funding Rumarks Financlal Information Agent/offca! Informatlon DOM: 91 /Gr5qFt $53:61 LakaNama: -PlanDylpm: MuniPrel Na. MupDat Yis. PIDI GrosesgFz $,026 Zoningt" Commercal. residentla). MultZongi 'No #Unttar 1 Actest 0.041 AVg MonthlyLanso; Spncea! Lencads PccupancyRate: Concrete None None Aduto Communlty: wiSubdlv: #starlas: 1 arossIntamat $o Nat-Incamet $0 AmnumiExpanses; 0 Incluslbnat pulding Only LotSiza/ACrat Less Tham:5A Acre! (notZoro) Topography: Ballt RiF Frontbascr City.Stroet Tannntpays: Nonu Foundallont Sjob: Conctruetlant Drick Rooft FratghtDoora Strosit/HATINos ADV Weather Road, Curbs! Shoyingt Paring/Garage: Onstfect PubilaDriving 131 E-DellosAve. Goopen TX7 75432 ptractlonst Loan7 Typas TeatAs-Clear PmfTypa: SUB: 0%-6 BAC: 3%-% UatTypgr EydlusyeohtlsEpt LIKtaT: Contury.2 Firstgreup (GRMTOI)! 903-455-5852 LoAddr 23001 IH: 30 Greanvillay? Toxas? 75402: LIstAgt: CasnyWanin! (0561266) 903-356-3498 LAEmall: mbaralsiamsaw LAWabsito: offWob: mmzaPitreinson Call: Kaybax #: vox Showing: Buding Urat Ofice, alle/Wirhaus, Retall, SlerageWerdhouss, Wholesile Celling'Haight: HBATE,ISIDZOFEE gthir Proparty Somuchy palential.fort this! bulling in.growing demntown'COOPER KIThlss syouldr makongreat eppartunlylo.semudel Dosctiptiont endntherd opens yours gwrfb buslness-ah huyz asan! layestor aind! hnkhloab business. tteaba.tised! Tako afct mtalfthe, oppartunllies: arae endlass, Noteven-at back offthec Coopers Squaru. Dal: Landor: CDOM: 91 VARI No Paymant: arig Datet 2nd-Mortg: No: ED; 09/21/2022 XDr LOFaxt 903:955-5055 prhLe 0466311: LaE Emallr nsastolnesmalsen LA'Collt LAOthr P07-366-349a ER/LR2Toxting LoSprvs Cralg Engilah(0406311) 903-885-3145, Owner! Namg: ErlFickman SullerTypar Slandard/Individuat LAPAx: Showing mformntian Appt: KayhoxTypat. Combo Cald Isformasinn SHow Ihstr: CwuRwnsANyaaN 2D3.366,3496, Mpa--NSAVaMAwwSONSEASMASMANwMIAN 114 ) FBME-TAEEAEhaNyEAH-EBALONE VOL TT Comparable Sale 6-1 Page 2 PAGE 495 28P4,BI7PM contractz Datat 12/2:/2022 optExp Dalat, SirPald: $0 Duyarc om Cenlum-2LBnEGaR (BRMTDIX9ON-S5:SBSZ Duyor Agtz CrsayWoallly (0561266) 903-366-34B0 ThindF PartyAP: No BlyarFinoneingr Gash Malle Clorad Datur .12/21/2022 CIt/Acrut $532,687.65 BAE Emall ststetésumnsien Closa Priçe: $2Z,000 Clf/LoE5F:S12.22 CIss/SqFh $21.44 Prepared By: Chris Dlemond Chils! Dlamgndr ono 06/29/2024 18:17 ) peaucanlemalicamlaaPasgapinpIPIKMwMwANIPAPATRUIIANSGANMPBNAPAECA. 214 Fom SGNLGL- TPpasisbaatyaamaala-MBDALANIDA VOL TT Comparable Sale 6- Page 3 PAGE 496 2024,817PN Matkx- wswSSSAN 34 ) Foms BTYBEAN: -1-800-ALAMODE * L-" hdha VOL1 TT Comparahle Sale 6 - Page 4 PAGE 497 #29R4,07PM Motrk ASSACaA COPONLZANTRE., ) usNSSTNeAMSSPREAEENASRNAONAERANA -414 ) Fomb ECNLGL-" TOTAL"a IYASAH-EN Active Listing - Page 1 VOL TT PAGE 498 5 02A:AM -Mitiks 121'SW'1sts Street, Cooper, Texas 75432 MIS#: 20626482, Active Propartyrypas" CommarchaiSole 1215WIsEtrea!! CABRE.TK7H4122501 SubTypat Ralal LoWLP: Suhdivislons- aidTomm.Cooger Countyz Délta. Country:. UnttauStates Parcal IDI 5072 Parca! ID2: 5578 Lott 200Z -Dlock: 16 Unexmpt Tk: $1,147 SpdTaxAuthi nidgs SEr 9,936/Assassar YrButftz a9apAsseserPicmnad Apprarz LotSqFE ,756/Asessor Lotnint CaneralInformalion LenanbjesqF 9;930 Lonsabla! Spacal Lonon Expira Data: Fonturos FIooring: Heatingi Coolapt Ownur Payat. TotA Ann! ExpInet Laase'Dasct Poseassiont Closing/Funding Ramarks LP: $15p00 OLPI.5158,06d e/GrSqF: $15,91 Ldka Noma: Plan Dypm: Mutprel: Mes MUDDat Yes PIDI Gross! EgFk 9,930 Zoningt (Commartial Mutz Zono; a Unlist- Y Acrasi .0.201 Avg? Monthty-Lonsa Sgecos Luasndi Decupaney.Rata: Cancate othar Other Logalt OLDT TOWN COOPEn/BLOCK: 16, LoT 2002,AKASWP Adult Community: wmsubdlv: #Storler: 1 Gross Incomo: $0 Nat mcoma: Annttal Exponsan: $a Bullding Usoi afca, Retall, Sorzgoy Warehouse Incluclons: Buldingonly Lat siza/Aarat Jass Than.SAcra (mt2 Zero) Topegraphy, Soll: Rds Front Desc: cyslreet TanantPaya: bthie? Foumdationt Sjab Constructiant Bdck Rodri FraightDaatst Strant/uIHest Asphalt, ays Sewarcly Water Showing: calng Halghtr 1t514P,15B2DFReE Other. ppen Parking/Garaga: Additional Parking, AlleyA Accss, Attached Garpart, Catpart,Coyerad, Doeded, Phc,Ais,Daveap* NaGarage, Proparty With over 9000 EgfEL thera araso many things! lhatcanb ba done! in this! bullding, Recenlly Itwas Plants and Descriptiont Thihgswiera thry.sold plonis efall-kinds, garten vegotoblesir melal'plant holdors: and mord. Itwas Cooper alsiLnramy Meab. Co,a meat packinc' plant, atc one! lima. All.nipef freezers, with meathanging racks la four alhemprez allstai in pleco.li dons need.work ant new: roof! burhassor much potentiallhis could alsa't bea dreat Investment oppartunity.fera: commarclal rantal. Publle.Driving 121 SW: 15T STCOOPERTX Dircctionn: Loan Typa: TreatAs:clear emeTypa: suB: 3-% DACI 3-$ uistTypa: Exdusiva! Right Tos Sell Ltator, Stewart RanlyAszosiate (ORRTO1) 903-243-037D Lo'Fax:. LoAddr: 4D1 East Sidas Sq Coopar, Toxas: 75432 EatAgh Dronde Slowort 105.3475.902-63-0375 TAEmal: AsmeiIsSIgsmalen LAyobsitat Financtal: Information Apent/affica) Informatlon DOM: 38 palt Landarz CDONI: 38 VARI No 'Paymont: origData: ED! Emall: LA-Colte LAOthr 903-2A3-D379, LA/LA2Taiting LaEprvai Branda Hbart0i4y)b8a4- 0379 2nd Mortgr Na nikua: 0531475 LAFIK: 10I 05/23/2024 XD: ShoMingintormatton ---SVASES *15 D Form RA-TNFgpMisbwNaPAEAE-IBRALHENE VOLTT Actlve Listing - Page 2 PAGE 499 J 024,011AM Call: Agont Hoybox 9999 Show Instrz CALLAGENT Show Srye: None Showing: Milik 903-243-0379 Ownar Nama SEEAGENT SellerType: Appt: KayhoxTyper Combo Slendard/Individudf Prepared Byr Chuls Dlampnd Chris Dlamend an 06/3/2024.D9:1F ) paimimatkamuainMARESPAENRUAAMESAPATADAsCN.aIDeTGIAPeN.. zis D Foms SAa.-TOTA'gpasisnshsmbyalmuta.hm.- 1-800-ALAMGD VOL TT Actlva Listing - Page 3 PAGE 500 3 B/3024,8:1AM Milix -X--MwVAXL 35 5 Foms SCKLC.7OTAl-apnbis PANAEAR-EBAATE , ahb : VOL TT Active Listing - Page 4 PAGE 501 A3024,TTAM Mitkx ipglaitmlamasamlNgPaNtpaaAIMAMAWEAIMAPTIAIDSUAISASMGMaRaAICOOIDSAIIGBAUPeAT-. 415 ) Fom IE-TMPpaiuNayAAE-BALAPE Active Listing - Page 5 VOL TT PAGE 502 830124:B:1IAM Matdx MomalsaDoaaPataabimioemia, Copp-phtZV2NTRE, ---w----MAANS 5/6 D Rwwesw -1-800-ALAMODE VOLTT PAGE 503 RECONCILIATION The Sales Comparison Approach ist the best indicator ofmarket value. As sufficient amoumt of comparable sales data was available to develop an opinion ofvalue based on the Sales Comparison Approach. Itis given full consideration in the opinion ofmarket value. The. Income and Cost Approaches are not good indicators ofmarket value for the subject and are not included in this appraisal. COST APPROACHI' SALES COMPARISON APPROACH $110,000 INCOME APPROACHn' Iti is my opinion that as of June 27,2024, the subjectp property has an estimated market value of: $110,000 ) ONE HUNDRED & TEN THOUSANDDOLLARS Chris Diamord Chris Diamond TX 1380066-G ) VOL TT PAGE 504 Statement of General Assumptions and Limifing Conditions This appraisal and reporthave been prepared under the: following general assumptions and limiting conditions: 1. Information furnished by others is assumed to be true, factually correct, and: reliable. Nore responsibility for its accuracy is assumed by the appraiser. Should there be any material error in the information provided toi the appraiser, the resuits ofthis reportare subject to review and revision. 2.. All mortgages, liens and encumbrances have been disregarded unless so specified within this report. The subject property is analyzed ast fhough under responsible ownership and competent management. Iti is assumed: in this analysis that there were: no hidden or unapparent conditions ofthe property, subsoil, or structures, including hazardous waste conditions, which would render it more or less valuable. No responsibility is assumed for such conditions or: for engineering which: may be required to discover them. No responsibility is assumed for legal matters existing or pending, nor is opinion rendered as tot title, which is assumed tol be good. 3. The appraiser assumes that no hazardous wastes or mold contamination exists on orin the subject property unless otherwise stated in: fhis report. The existence of1 hazardous material, which may or may not bej present on the property was: not observed by the appraiser. The appraiser has no knowledge oft the existence of such: materials on or in the subject property. The appraiser however, is not qualified to detect such substances or detrimental environmental conditions. The valne estimate: rendered: in this reportis predicated upon the assumption that there isi no such material on or affecting the property which would cause a diminution in value, Noresponsibility is assumed by the appraiser ) VOLTT PAGE 505 J for any such conditions, or for any expertise or environmental engineering knowledge required to discover same. The client is urged to retain an expert in this field ifs so desired, 4.Itis assumed that there is full compliance with all applicable federal, state, and local land usel laws and environmental regulations and unless non-compliance. is noted, described, and considered. herein. 5. The Americans with Disabilities Act (ADA) became effective. January 26, 1992. The appraiser has not made a specific compliance survey and/or analysis ofthis property to determine whether or noti it isi in conformity with the various detailed requirements oft the ADA. Itis is] possible that a compliance survey oft the property together with a detailed analysis of the requirements oft the. ADA could reveal that the property is not in compliance with one ori more elements oft the. ADA. Ifso, this: fact could have a negative effecti upon the value oft the property. Since the appraiser has no direct evidence relating to this issue, the appraiser did not consider possible: noncompliance with the requirements ) of the. ADA in estimating the value oft the subject property. 6.Itis assumed that all required licenses, consents or other legislative or administrative authority from any local, state or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained: ini this reporti is based, 7.Possession oft this report, or a copy thereof, does not carry with it the rightof publication. 8. Unless prior arrangements have been made, the appraiser, by reason oft this report, is not: required to give further consultation or testimony, or to bei in attendance in courtwith reference to the property that ist the subject ofthis report. VOL TT PAGE 506 9. The appraiser has made: no legal survey nor has he/she commissioned one to be prepared. Therefore, referencei to a sketch, plat, diagram or previous survey appearing in the report is only fort the purpose of assisting the: reader to visualize the property, 10. Unless otherwise noted, this appraisal has: not given any specific consideration tot the contributory or separate value of any mineral and/or timber rights associated with the subjectreal estate. 11. The signatory oft this appraisal is ai fully qualified commercial appraiser who has been involved in the valuation and/orreview ofi many similar properties. This education and experience in valuing similar properties satisfies the competency provision ofUSPAP. The qualifications ofthe appraiser are attached to this report. 12. This appraisal has1 been made subject to current: market terms offinancing. 13. This appraisal was prepared byt the appraiser named herein for the exclusive use of the client named herein. The information and opinions contained in this appraisal set forth the appraiser'sb best judgment in light oft the information available at the time offhe preparation ofthis report, Any use ofthis appraisal by any other person or entity, or any reliance or decisions based on this appraisal are the sole responsibility and at the sole risk ofthe third party. The appraiser accepts noi responsibility for damages suffered by any third party as ai result ofreliance on or decisions made or actions taken based on this report. O VOLTT License PAGE 507 CertifiedGeneral Real Estate. Appraiser TALCB TEXAB CERTIFICATIONT APPAISERLICENENIGE DOARD & icense#: TX1380066G Appraiser: CHRSTOPHER RYAN. , DIAMOND IJeense Expires:07/31/2025 myastiwyedegaiiate reguired bytheT ArseCeNmofstistanagppaies Code; Chapler1203,suthotratomisganteditousethisvtite: MEsRSATNLEN CadEfay rwwacaco.tewasgol CHsBe ChelseaBuchholtz Commissloner O Fsat-NPepaKsaV:ESYMA-BAAUTE TaypialPmeflm:ta. VOLTT FRO: PAGE 508 INVOICE HRPARXAAPAe-A, 10811 InicDrin 07/02/2024 DuDar o8 Inmlbduk: landtts: ClaniFhn FWNACuE: Pehufmlam 10811 DAsfhfeala FadentInt: Empiyum: THE APPRAIBAL FIRM OF TEXAS, INC 478 Shannon Rdws SleA1 Sulphur Springs, TX75482-4840 Talphrallmker (903)2 288-8055 7a: Della Counly 2001 WDallas Avenua Coopar, TX75432 E-: Taiephaalhmber: Alllrbe 0546 XEREA Fullanhen Falhben Ldn Della Counly PuheRane nla Pmpetykins: OWDallasAVB hy: Cooper Coenlyt Della Cint: Dolla Counly stt: TX Zp: 75432 laguDuptient GDTOANICOPEAEIOGA0, LOT1,ACRES.5354 ) Roal EslaloAppralsal 2,500,00 SUBTOTAL 2,500.00 Cscke: Checks: Chockn: Dis: Dis: Date: Dneigdens Deciplen: Dafyplen: SUBTUTAL, TOTALDUE 2,500,00 ----w. VOLTT PAGE 509 COMMISSIONERS COURT OF DELTA COUNTY COMMISSIONERS COURT ROOM DELTA COUNTY HISTORICI COURTHOUSE 200W. DALLAS AVENUE, COOPER, TEXAS RESOLUTION. AND ORDER TERMINATION OF TAX ABATEMENT. AGREEMENT DATED. JANUARY 27,2021 BETWEEN DELTA COUNTY,TEXAS ANDI ESTONIAN: SOLAR, LLCFORMERLY KNOWN AS2491 RD BME,LLCIOWNER? The Commissioners Court of Delta County, Texas, meeting in regular session on September 10, 2024, WHEREAS, the Commissioners Court of Delta County, Texas (the "County") has elected to become eligible to participate in tax abatement agreements under the provisions of the Texas Property Redevelopment: and Tax Abatement. Act (Chapter 312 ofthe" Texas Tax Code) (the "Act");and, WHEREAS, on January 27, 2021, Delta County and Owner entered Into the Tax Abatement Agreement (the AGREEMENT"), attached as hereto as Exhibit A hereto and incorporated byi reference asi iff fully set WHEREAS, the County issued a Notice of Default to Owner on June 17, 2024, wherein Owner was advised that It is In breach of the Agreement due to Its fallure to complete the project within the timeframe Identified In the Agreement; attached as hereto as Exhibit B hereto and Incorporated by considered thei following resolution: forth hereln; and reference as iffully set forth herein; and WHEREAS, Owner did not respond or attempt to cure: the event of default. NOW, THEREFORE, BEI ITO ORDERED, by the Commissioners Court of Delta County, that: The County hereby" Terminates the Agreement, The foregoing Resolution and Order was lawfully moved by. Delta County, Texas, on September: 10, 2024. duly seconded by. and duly adopted by the Commissioners Court of Judge Tanner Crutcher The foregoing Resolution and Order is at true and correct copy oft the Resolution and Order passed by the Commissioners Court In open and regular session on September 10, 2024. County Clerk, Delta County, Texas 1 VOL TT PAGE 510 ExhibitA Tax Abatement. Agreement Dated January 27, 2021 O 1 VOLTT PAGE 511 RESOLUTION NO. 2024-09-10-09 A RESOLUTION OF THE DELTA COUNTY COMMISSIONERS COURT DIRECTING THE PUBLICATION OF NOTICE OF INTENT TO PURCHASE REAL PROPERTY AND SPECIFYING THE TIME PERIOD FOR SUCH PUBLICATION. WHEREAS, the Delta County Commissioners Court has identified a need for the acquisition of real property for County facilities and parking for Courthouse; and WHEREAS, the County is in the process of negotiating the purchase of real properly WHEREAS, the Texas Local Government Code and the Texas. Open Meetings Act require that the intent to purchase real property be conducted in a transparent and public WHEREAS, the Commissioners Court of Delta County deems it necessary and appropriate to issue a public notice of its intent to purchase said property in accordance NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF Delta located at 25QW Dallas Ave, Cooper, Texas 75432; and manner, allowing for public input and awareness; and with fhe laws of the State of Texas. COUNTY,TEXAS: Section1 1. Direction to Publish Notice The Commissioners. Court hereby directs that a Public Notice of Intent to Purchase Real Properly be published in a newspaper of general circulation within Delta Coynty, Texas, pursuant to the provisions of the Texas Local Government Code and the Texas Open Meetings Act. Section 2. Publication Period public awareness and participation. Section 3, Publication Details The public notice shall be published a minimum period of 14 days prior to. the Commissioners Court's meeting scheduled for October 8, 2024, to ensure adequate The public notice shall include the following details: The location and legal description of the property to be purchased; The intended use. of the property by the County; Thé estimated purchase price; and consider the purchase. Section 4. Authorization The time and place of the public meeting at whjch the Commissioners Court will The County Judge and ary other necessary County officials are authorized and directed toi také any and all actions necessary to ensure the publicationofthisr notice in accordançe VOL TT PAGE 512 with the law and the terms ofthis Resplution. Section5. Effective Date This Resolution shall take effect immediately upon its passage. PASSED AND. APPROVED by the Commissioners Court of Delta County, Texas, on this the jo" day of Splabsc_,2024. 253 < Tanner Crutcher, County Judge ATTEST: Debbie Huie, Treasurer sL County" APPROVED AS TO FORM: Edgar J/Bakcett, Jr., County Attorney VOLTT PAGE 513 THIS ISTO CERTIFYTHATI 1, JANICE ROBERTS, COUNTY CLERK DO HEREBY CERTIFY TO THE CORRECTNESS OF THE COMMISIONER MINUTES FOR THE REGULAR MEETING ON SEPTEMBER 10", 2024. ON THIS SDAV2ffo OF Sepknb2024. - TANNER CRUTCHER, - COUNTYJUDGE 225 MORGAN BAKER, COMMISSIONER. PCT.1 S - SETH COX, COMMISSIONER. PCT.2 ap ANTHONY ROBERTS, COMMISSIONER.PCT.3 kza d MARK BRANTLEY, COMMESIONERAT.4 i anilahnto JANICE ROBERTS, COUNTYCLERK