THE STATE OF TEXAS IN COMMISSIONERS COURT COUNTY OF TERRELL REGULAR SESSION COMMISSIONERS COURT MINUTES, REGULAR SESSION, SEPTEMBER 9, 2024 The Terrell County Commissioners Court met on Monday, the gth day of September 2024, at 9:00 A.M. in the commissioner's courtroom ofthe county courthouse in the city of Sanderson, Texas. Notices oft the meeting place were timely posted at a site readily accessible to the general public at all times. They remained posted for atl least seventy-two hours preceding the scheduled time of this meeting, in compliance with the Open Meetings Act. The Hon. Dale Carruthers, County Judge, called the meeting to order. The following members of this Court and Officers oft the County were present: Hon. Adam Johnson Commissioner Pct. 1 Hon. Lupe Garza Commissioner Pct. 2 Hon. Arnulfo Serna Commissioner Pct. 3 Hon. Gene Chavez Commissioner Pct. 4 Hon. Raeline Thompson County and District Clerk Hon. Pamela Blaylock County Treasurer Hon. Kenneth Bellah County Attorney Deputy Rodolfo Chuey County Sheriff Carl Esser Esser & Company Consulting, LLC Commissioner Johnson gave the Invocation and led the commissioner' s court in the Pledge of Allegiance to the United States flag, followed by the Pledge of Allegiance to the Republic of Texas Flag. Public Comments on Agenda Items - None. Minutes from previous meetings - Commissioner Johnson motioned to approve the minutes for July 8, 2024, Budget Workshop, August 12, 2024, Regular Session, August 26, 2024, Budget Workshop, and August 30, 2024, Special Session. Commissioner Serna seconded the motion calling for a vote; all members answered "aye," 22 and the motion carried. National 4-H Week - Abygail Blaylock and Kaleb Thayer spoke about how 4-H has taught them Leadership, 4-H Congress, Public Speaking, and life lessons. Commissioner Serna motioned to designate October 6th - 12th 2024 as National 4-H Week in Texas. Commissioner Garza seconded the motion calling for a vote; all members answered "aye," ? and the: motion carried. Beyond Ready 2024 National 4-H Week Proclamation WHEREAS, The Terrell County Commissioners Court is proud to honor the Texas 4-H Youth Development Program of the Texas A&M AgriLife Extension Service for 116 years of providing experience-based education to youth throughout the Lone Star State; and Comm.court. regular session 09-09-2024 Page 1 WHEREAS, This admirable program, which seeks to provide a learning experience for all youth through their head, heart, hands, and health, helps young Texans to acquire knowledge, develop life skills, and form attitudes to enable them to become self-directed, productive, and contributing members of our society; and WHEREAS, The program's more than 550,000 urban, suburban, and rural youth participants, ranging in age from eight to eighteen, come from diverse ethnic and socioeconomic backgrounds and truly represent a cross-section ofthe state; and WHEREAS, The program undoubtedly could not have achieved the success that it has today were it not for the service ofi its' more than 30,000 volunteers, who have given generously of their time, talents, energies and resources to the youth of Texas; and WHEREAS, Throughout its proud history, the 4-H program has developed positive role models for countless Texans through its innovative and inspiring programs, and continues to build character and instill the values that have made our state strong. Now, therefore, be it RESOLVED, The Terrell County Commissioners Court hereby designate October 6-12, 2024, as National 4-H Week in Texas, and commend the 4-H Youth Development Program of the Texas A&M AgriLife Extension Service and the many men and women who have made the program a success. success. / 117 County Judge X 4 a SommisioneyPpecinct 1 Commissioner Precinct 2 deni 1K A Commissioner Precinct 3 Commissioner Precinct 4 Splemberg2a4 Date Bids for Terrell County Senior Citizen Center CDBG CV 23-0095 - No Action. Contract Bid Award Terrell County Senior Citizen Center CDBG CDV 23-0095 - No Action. Final Public Hearing for CFC 22-0099 CDBG CDV 23-0095 Waterline Replacement Project - Commissioner Serna motioned to schedule the final public hearing for the waterline replacement project CFC 22-0099 on September 16, 2024, at 5:15 p.m. Commissioner Johnson seconded the motion calling for a vote; all members answered "aye,' 27 and the motion carried. TERRELL COUNTY CDBG CONTRACT NO. CFC 22-0099 NOTICE OF FINAL PUBLIC HEARING Terrell County has completed their Texas Community Development Program TxCDBG Contract No. CFC 22- 0099 which was funded from the Texas Department of Agriculture. This contract in the amount of $1,000,000.00 provided for 11,660 I. ft. of six-inch waterline, 80 I. ft oft twelve-inch steel encasement pipe, three uncased slick bores, and five thousand two hundred sixty square feet ofcaliche aggregate for Sanderson. Additionally, the TCWCID No.1 contributed a $20,000.00 cash match toward the Engineering Fees for this project. A final public hearing to review and comment on the program performance including the actual use of funds for CDBG CFC 22-0099 will be held, beginning at 5:15 p.m. September 16, 2024, at the Terrell County Courthouse, 105 E. Hackberry Street Sanderson, Texas 79848. All citizens and interested groups are invited to attend and comment on this matter. Those persons unable to attend the final public hearing may submit their views and comments to Dale Carruthers Terrell County Judge, from 8:00 a.m. to 5:00 p.m., Monday through Friday or mail them to Dale Carruthers Terrell County Judge 105 E. Hackberry Street Sanderson, Texas 79848. Accommodations are available for handicapped persons and an interpreter will be provided should one be required for non-English speaking persons by contacting (425) 345-2421 at least three days prior to the final public hearing. Comm.court. regular session 09-09-2024 Page 2 CONTRATO CDBG DEL CONDADO DE TERRELL NO. CFC 22-0099 AVISO DE AUDIENCIA PUBLICA FINAL El Condado de Terrell ha completado su Programa de Desarrollo Comunitario de Texas Contrato TxCDBG No. CFC 22-0099 que fue financiado por el Departamento de Agricultura de Texas. Este contrato, por un monto de $1,000,000.00, estipulaba 11,660 I.j pies de linea de flotaci6n de seis pulgadas, 80 I. pies de tuberia de acero de doce pulgadas, tres perforaciones resbaladizas sin revestimiento y cinco mil doscientos sesenta pies cuadrados de agregado de caliche para Sanderson. Ademas, el TCWCID No.1 contribuy6 con una contrapartida en efectivo de $ 20,000.00 para los honoraries de ingenieria de este proyecto. Aj partir de las 5:15 p.m. se llevara a cabo una audiencia publica final para revisar y comentar sabre el desempefio del programa, incluido el uso real de los fondos para CDBG CFC 22-0099. 16 de septiembre de 2024 en el Palacio de Justicia del Condado de Terrell, 105 E. Hackberry Street Sanderson, Texas 79848. Todos los ciudadanos y grupos interesados estan invitados a asistir y comentar sabre este asunto. Aquellas personas que no puedan asistir a la audiencia publica final pueden enviar sus opiniones y comentarios al Juez del Condado de Dale Carruthers Terrell, de 8:00 a.m. a 5:00 p.m., de lunes a viernes, O enviarlos por correo a Dale Carruthers, Juez del Condado de Terrell, 105 E. Hackberry Street, Sanderson, Texas 79848. Hay adaptaciones disponibles para personas discapacitadas y sej proporcionara un interprete en caso de que sea necesario para las personas que no hablan ingles comunicandose al (425) 345-2421 al menos tres dias antes de la audiencia publica final. Final Public Hearing for Community Resiliency Program Ambulance Project - Commissioner Serna motioned to schedule the final public hearing for the Community Resiliency Program Ambulance Project on September 16, 2024, at 5:30 p.m. Commissioner Chavez seconded the motion calling for a vote; all members answered "aye, 99 and the motion carried. TERRELL COUNTY CDBG CONTRACT NO. 70800001011 NOTICE OF FINAL PUBLIC HEARING Terrell County has completed their Texas Department of Housing & Community Affairs Community Development Block Grant Community Resiliency Program CDBG Contract No. 708000001011 which was funded from the Texas Department of Housing and Community Affairs. This contract in the amount of $351,000.00 provided for a new Ambulance for the Terrell County EMS. The ambulance was delivered to Terrell County on August 14, 2024, and is in service for Terrell County EMS. A final public hearing to review and comment on the program performance including the actual use of funds for CDBG Contract No. 70800001011 will be held, beginning at 5:30 p.m. September 16, 2024, at the Terrell County Courthouse, 105 E. Hackberry Street Sanderson, Texas 79848. All citizens and interested groups are invited to attend and comment on this matter. Those persons unable to attend the final public hearing may submit their views and comments to Dale Carruthers Terrell County Judge, from 8:00 a.m. to 5:00 p.m., Monday through Friday or mail them to Dale Carruthers Terrell County Judge 105 E. Hackberry Street Sanderson, Texas 79848. Accommodations are available for handicapped persons and an interpreter will be provided should one be required for non-- English-speaking persons by contacting (425) 345-2421 at least three days prior to the final public hearing. CONTRATO CDBG DEL CONDADO DE TERRELL: NO. 70800001011 AVISO DE. AUDIENCIA PUBLICA FINAL El Condado de Terrell ha completado su Contrato CDBG No. 708000001011 del Programa de Resiliencia Comunitaria del Departamento de Vivienda y Asuntos Comunitarios de Texas, que fue financiado por el Departamento de Vivienda y Asuntos Comunitarios de Texas. Este contrato por la cantidad de$ 351,000.00 proporcion6 una nueva ambulancia para el EMS del condado de Terrell. La ambulancia fue entregada en el condado de Terrell el 14 de agosto de 2024 y esta en servicio para el EMS del condado de Terrell. A partir de las 5:30 p.m. se llevara a cabo una audiencia publica final para revisar y comentar sobre el desempeno del programa, incluido el uso real de los fondos para el Contrato No. 70800001011 de CDBG. 16 de septiembre de 2024 en el Palacio de Justicia del Condado de Terrell, 105 E. Hackberry Street Sanderson, Texas 79848. Todos los ciudadanos y grupos interesados estan invitados a asistir y comentar sobre este asunto. Aquellas personas que no puedan asistir a la audiencia publica final pueden enviar sus opiniones y comentarios al Juez del Condado de Dale Carruthers Terrell, de 8:00 a.m. a 5:00 p.m., de lunes a viernes, 0 enviarlos por correo a Dale Carruthers, Juez del Condado de Terrell, 105 E. Hackberry Street, Sanderson, Texas 79848. Hay adaptaciones disponibles para personas discapacitadas y se proporcionara un interprete en case de que sea necesario para las personas que no hablan ingles comunicandose al (425) 345-2421 al menos tres dias antes de la audiencia publica final. Change Name on Signature Cards for the Sheriff Office's Bank Assets Accounts; Forfeiture, Towing & Storage, and Comptroller Education - Commissioner Serna motioned to accept removing Minerva Comm.court. regular session 09-09-2024 Page 3 Gonzalez' s name and adding Rosamaria Fuentes on the signature card for the Sheriff office' 's Bank Assets Accounts; Forfeiture, Towing & Storage, and Comptroller Education. Commissioner Chavez seconded the motion calling for a vote; all members answered "aye," 27 and the motion carried. Order the General Election to be held on November 5, 2024 Commissioner Serna motioned to order the General Election to be held on November 5, 2024. Commissioner Johnson seconded the motion calling for a vote; all members answered "aye,' > and the motion carried. Appoint Election Judges and Alternates, Early Voting Ballot Board Judges, and Central Counting Station Manager for the November 5, 2024, General Election - Commissioner Serna motioned to appoint Election Judges and Alternates, Early Voting Ballot Board Judges, and Central Counting Station Manager for the November 5, 2024, General Election. Commissioner Garza seconded the motion calling for a vote; all members answered "aye," > and the motion carried. iDocket's Onyx Cloud System - Commissioner Serna motioned to approve the purchase of iDocket's Onyx Cloud System in the yearly amount of$9,000.00. Commissioner Chavez seconded the motion calling for a vote; all members answered "aye," ? and the motion carried. TCDRS Rate for Employer Portion - Commissioner Serna motioned to keep the TCDRS Rate for Employer Portion at 4.35%. Commissioner Chavez seconded the motion calling for a vote; all members answered "aye," 77 and the motion carried. Elected Officials and Precinct Officers set salary, expenses, and other allowances for October 1, 2024, and ending September 30, 2025 - Commissioner Johnson motioned to approve setting the salary, expenses and other allowances for the Elected Officials and Precinct Officers starting October 1, 2024, and ending September 30, 2025. Commissioner Serna seconded the motion calling for a vote; all members answered "aye,' 9) and the motion carried. Order Adopting the Terrell County Budget Commissioner Serna motioned to order the adopting of the Terrell County Budget for the fiscal year beginning October 1, 2024, and ending September 30, 2025. Commissioner Garza seconded the motion calling for a vote; all members answered "aye," " and the motion carried. Adopt of Maintenance and Operation Tax rate of $.80 and Interest and Sinking (Debt Services) Tax Rate of 0 for a total Tax Rate of $.80/$100 of taxable value for the year 2024. Commissioner Johnson motioned the property tax rate of$.80/100, which is effectively a .80 increase in the tax rate. Commissioner Precinct 1 what say you? Commissioner Johnson voted "aye.' " Commissioner Precinct 2 what say you? Commissioner Garza voted "aye." " Commissioner Precinct 3 what say you? Commissioner Serna voted "aye." ? Commissioner Precinct 4 what say you? Commissioner Chavez voted "aye." ." Hon. Judge Carruthers, what say you? Hon. Carruthers voted "aye.' Therefore being 5 "ayes" and 0 "nays" motion carried. Termination of Pitney Bowes - No. Action. New Postage Equipment - No. Action. Otis Elevator's Proposal - Commissioner Serna motioned to approve the Otis Elevator's Proposal of $2,124.99 for the Annual Pressure ReliefValve No Load Test to pass Inspection. Commissioner Johnson seconded the motion calling for a vote; all members answered "aye, 79 and the motion carried. Otis Service and Repair Order 9/5/2024 CUSTOMER NAME OTIS ELEVATOR COMPANY OTIS CONTACT Terrell County Courthouse 1308 S. Midkiff #221, B#9 Turner Bickford 105 East Hackberry MIDLAND, TX 79701 Phone: (469) 491-7071 Sanderson, TX 79848 Email: Tumer.scMord8olis.com Comm.court. regular session 09-09-2024 Page 4 PROJECT LOCATION PROPOSAL NUMBER Terrell County Courthouse QTE-001997644 P.O. BOX 4810 SANDERSON, TX: 79848-4810 We propose to furnish the necessary material and labor on the following units: Unit Customer Designation H14176 only SCOPE OF WORK QEI INSPECTION- TEXAS We will arrange for the performance of the annual QEI State Inspection and on your elevator(s) at the above-referenced building. A QEI Certified State Inspector will perform the inspection. We will be responsible for the coordination of the inspection, notification to the State of the inspection, transportation, scheduling, handling, and processing of the associated paperwork except as provided below. Following the inspection, you will receive the certificate of inspection for each elevator. We will also provide you with proposals for work required, if any, to correct any deliciencies/olations noted on the certificate of inspection. In the event that some or all required work is covered under the terms of your current contract, we will supply you with a letter detailing the work to be performed. Once you have received the certificates of inspection, you are responsible for filing the certificate of inspection (one (1) per elevator or escalator) and the $20.00 per elevator/escalator fee with the Texas Department of Licensing and Regulation. Should you wish to seek a waiver or delay with respect to any violation indicated by the inspection, you are responsible for requesting such waiver or delay. There is a fee of $50.00 for each application for delay or waiver as of the date of this contract. Ify you were to apply for both a waiver and delay, then the fee would be $100.00. Please note that the certificates of inspection (or requests for waiver or delay) must be filed with the state within 30 days of the date of inspection. You hereby acknowledge that by this proposal Otis may subcontract certain of its duties under its current contract including the duty to perform an annual pressure relief valve test/no load test. By the signature below, you evidence consent to such subcontract and delegation of duties by Otis. Failure of Otis to perform the delegated duties itself shall not constitute a breach of your current contract. Material provided shall be installed in accordance with the ASME A17.1 Safety Code for Elevators and Escalators. The customer will be responsible for paying local inspection fees if applicable. Your account representative will contact you to schedule the work. All work will be performed during regular working days and hours of the Elevator Trade unless otherwise specified above. The price quoted below does not include sales tax and is valid for 30 days from the date specified above. The work will be scheduled based on the availability of material and manpower to complete the job efficiently. Page 1 of 5 The scope proposed herein represents the entire scope that we are contracted for, if additional work is required by others to allow for completion of this work and/or for the inspection to occur, that work is not included. If additional labor and material are needed, a supplemental proposal will be sent. Page 2 of 5 PRICE $2,124.99 Two thousand one hundred wenty-four and 99/100 dollars This price is based on a one hundred percent (100%) downpayment in the amount of $2,124.99. PAYMENT TERMS: The downpayment amount is due in full prior to Otis ordering material and/or mobilizing. In the event 100% of the contract price is not paid up front, we must be paid the remaining balance no later than the completion of work. Final invoice will be submitted once work is scheduled. Comm.court. regular session 09-09-2024 Page 5 This proposal, including the provisions printed on the pages following, shall be a binding contract between you, or the party identified below for whom you are authorized to contract (collectively referred to herein as' "you"), and US when accepted by you through execution of this proposal by you and approved by our authorized epresentative; or by your authorizing US to perform work for the project and our commencing such work. SUGGESTED BY: CARL CTABOR TITLE: Mechanic Acceptedi in Duplicate Terrell County Courthouse Otis Elevator Company Date: Date: Q-9-2024 Signed: Signed: Aili Canl AE Print Name: DaéCarcathers Print Name: Austin Beck Title: CauntyJudge Title: Manager & GM Fort Worth Email: dale. CAr / wtherso Co terrel ltx .MEfnail: Company Name: Terrell County Courthouse o Principal, Owner or Authorized Representative of Principal or Owner 0 Agent (Name of Principal or Owner) Page 3 of 5 TERMS AND CONDITIONS 1. This quotation is subject to change or withdrawal by US prior to acceptance by you. 2. The work shall bep performed for the agreed price plus any applicable sales, excise or similar taxes asrequired by law. In addition tot the agreed price, you shall pay to US any future applicable tax imposed on US, our: suppliers or you in connection with the performance of the work described. 3. Payments shall be made as follows: A down payment of One Hundred percent (100.0%) of the price shall be paid by you upon your signing oft this document. Full payment shall be made on completion if the work is completed within a thirty days period. If the work is not completed within a thirly day period, monthly progress payments shall be made based on the value of any equipment ready or delivered. We reserve the right to discontinue our work at any time until payments shall have been made asagreed andy wel have assurance satisfactory tou US that subsequent payments will ber made when due. Paymentsr not received withint thirty (30) days oft the date of invoice shall be subject toi interest accrued att the rate of eighteen percent (18%) per annum or at the maximum rate allowed by applicable law, whichever is less. We shall also be entitled to reimbursement from you of the expenses, including attorney's fees, incurred in collecting any overdue payments. 4. Ourp performancei is conditioned upon your securing any required governmental approvals for the installation of any equipment provided hereunder and your providing our workmen with a safe place in which toy work. Additionally, you agree tor notify usi if you are aware or become aware prior to the completion of the work of the existence of asbestos or other hazardous material inanye elevator hoistway, machine room, hallway or other placei in the building where Otis personnel are or may ber required to perform their work. In the event it should become necessary to abate, encapsulate or remove asbestos or other hazardous materials from the building, you agree to be responsible for such abatement, encapsulation or removal, andi in such event Otis shall be entitled to delay its work until it is determined to our satisfaction that no hazard exists and compensation for delays encountered if such delay is more than sixty (60) days. In any event, wer reserve the right to discontinue our work in the building wheneveri in our opinion this provision is being violated. 5. Unless otherwise agreed in writing, it is understood that the work shall be performed during our regular working hours of our regular working days. If overtime work is mutually agreed upon and performed, an additional charge therefore, at our usual rates for such work, shall be added to the contract price. The performance of our work hereunder is conditioned on your performing the preparatory work and supplying the necessary data specified on the front of this proposal or in the attached specification, if any. Should we! be required tor make an unscheduled return to your site to begin or complete the work due to yourr request, acts or omissions, then suchr return visits shall be subject to additional charges at our then current labor rates. 6. Title to any material to be furnished hereunder shall pass to you when final payment for such material is received. In addition, we shall retain a security interest in all material furnished hereunder and not paid for in full. You agree that a copy of this Agreement may be used as a financing statement for the purpose of placing upon public record our interest in any material furnished hereunder, and you agree to execute a UCC -1 form or any other document reasonably requested by US for that purpose. 7. Excepti insofar as your equipment may be covered by an Otis maintenance or service contract, it is agreed that we will make no examination of your equipment other than that necessary to do the work described in this contract and assume no responsibility for any part of your equipment except that upon which work has been done under this contract. 8. Otis shallnot be liable for any loss, damage or delay due to any causel beyond our reasonable controli including, but not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water damage, weather damage, extreme weather, traffic conditions, epidemic, pandemic, quarantine (including Covid-19), sabotage, cyber security, national emergency, act of terrorism, earthquake, riot, civil commotion, war or insurrection, vandalism, misuse, abuse, mischief, or acts of God or nature. Comm.court. regular session 09-09-2024 Page 6 9. Wey warrant that alls services furnished will be performed in a workmanlike manner. We also warant that any equipment provided hereunder shall be free from defects in workmanship and material. Our sole responsibility under this warranty shall be at our optiont to correct any defective services andt to either repair or replace any component of the equipment foundt tol be defective in workmanship or material provided that written notice of such defects shall have been given to US by you within ninety (90) days after completion of the work or such longer period as may be indicated on the front of this form. All defective parts that are removed and replaced by US shall become our property. We do not agree under this warranty to bear the cost of repairs orr replacements due to vandalism, abuse, misuse, neglect, normal wear and tear, modifications not performed by US, improper or insufficient maintenance by others, or any causes beyond our control. We shall conduct, at our own expense, the entire defense of any claim, suit or action alleging that, without further combination, the use by you of any equipment provided hereunder directly infringes any patent, but only on the conditions that (a) we receive prompt written notice of such claim, suit or action and full opportunity and authority to assume the sole defense thereof, including settlement and appeals, and all information available toy youf for such defense; (b) said equipment is made according to a specification or design furnished by US; and (c) the claim, suit or actioni is brought against you. Provided all of the foregoing conditions have been met, we shall, at our own expense, either settle said claim, suit or action or shall pay all damages excluding consequential damages and costs awarded by the court therein and, if the use or resale of such equipment is finally enjoined, we shall, at our option, () procure for you the right to use the equipment, (i) replace the equipment with equivalent noninfringing equipment, (ii) modify the equipments soit becomesr noninfringing but equivalent, or (iv) remove the equipment andr refund the purchase price (ifc any) less ar reasonable allowance for use, damage and obsolescence. THE EXPRESS WARRANTIES SET FORTH HEREIN ARE THE EXCLUSIVE WARRANTIES GIVEN; WE MAKE NO OTHER WARRANTIES EXPRESS ORI IMPLIED, AND: SPECIFICALLY MAKE NOI WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANYPARTICULAR PURPOSE: AND THE EXPRESS WARRANTIES SET FORTH IN THIS ARTICLE ARE IN LIEU OF ANY SUCH WARRANTIES AND ANY OTHER OBLIGATION OR LIABILITY ON OUR PART. 10. Underr no circumstances shall either party be liable for special, indirect, liquidated, or consequential damages in contract, tort, including negligence, warranty or otherwise, notwithstanding any indemnity provision to the contrary. Notwithstanding any provision in any contract document toi the contrary, our acceptance is conditioned on being allowed additional time for the performance of the Work due to delays beyond our reasonable control. Your remedies set forth herein are exclusive and our liability withr respect to any contract, or anything done in connection therewith such as performance or breach thereof, or from Page 4 of 5 the manufacture, sale, delivery, installation, repair or use of any equipment furnished under this contract, whether in contract, ini tort (including negligence), iny warranty or otherwise, shall not exceed the price for the equipment ors services rendered. 11. To the fullest extent permitted by law, you agree to defend, indemnify, and hold Otis harmless against any claim or suit for personal injury or property damage alleged to arise out of this contract, except to the extent that such damage or injury has been adjudicated as having been caused by Otis' sole negligence. In the event that Otis is requested to provide hoistway cartop/pit access to you, and/or to third parties acting at your request, direction, or control, and which may be subject to additional charges at Otis' sole discretion, then in addition to the foregoing defense, indemnity and hold harmless obligations, you shall cary and maintain the following insurance throughout the duration of such work ini the hoisiwoy/cartop/pit areas, and will furnish to Otis a certificate of insurance evidencing the following: Commercial General Liability insurance, written on an occurrence basis, with limits on a per occurrence basis of at least $2,000,000 for personal injury or death, and $2,000,000 for property damage, naming Otis as additional insured. Such insurance shall be issued by an insurer authorized to do business in the state or province where the property is located and the equipment and/or services are to be rendered, shall contain a clause ini the policy setting forth the insurer's acceptance of liability as set forth in this agreement, and a clause pursuant to which the insurer waives any right of subrogation as to Otis. This policy shall be written as a primary policy only, and not contributing to or in excess of any insurance carried by Otis. You shall provide Otis with at least thirty (30) days prior written notice of cancellation or material change in the coverage. 12. Itis agreed that after completion of our work, you shall be responsible for ensuring that the operation of any equipment being furnished hereunder is periodically inspected. The interval between such inspections shall not be longer than what may be required by the applicable governing safety code. 13. Inf furtherance of OSHA's directive contained in 29 C.F.R. $ 1910.147//(2)00, which requires that a service provider (an "outside employer") and its customer (an "on-site employer") must inform each other of their respective lock out/tag out ("LOTO") proceduresv whenever outside servicing personnel aret tol be engagedi in control ofh hazardous energy activities on the customer's site, Otisi incorporates by reference its mechanical LOTO procedures and its electrical LOTO procedures. These procedures can be obtained at www.otis.com by clicking on "Tools & Resources" on the home page, selecting "Lockout Tagout Policy" under the "Safety Information" column and downloading the "Lockout Tagout Policy Otis 6.0" and "Mechanical Energy Policy Otis 7.0,"or the then most current version, both of which are in. pdf format. You agree that you will disseminate these procedures throughout your organization to the appropriate personnel who may interact with Otis personnel while Otis personnel are working ons site aty your facility and will ensure that such personnel comply with these LOTO procedures while Otis personnel are working ons site. 14. This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and may not be modified by any terms on your order form or any other document and supersedes any prior written or oral communication relating tot the same subject. Any amendment or modifications to this Agreement shall not be binding upon either party unless agreed toir in writing by an authorized representative of each party. 15. This Contract will be deemed voidable, even after execution, ifitis is determined! by Otis that performance of the services and/or engagement in the contractual relalionship/ltonsoction: will violate, or is otherwise restricted by, any and all laws, regulations and/or orders, including sanctions laws, that are applicable to Otis or otherwise apply to Otis' operations. 16. By accepting delivery of parts incorporating software, you agree that the transaction is not a sale of such software but merely a licenset to use such software solely for operating the unitls) for which the part was provided, not to copy or let others copy suchs software for any purpose whatsoever, tol keep such softwarei in confidence as a trade secret, andnot to transfer possession ofs such part to others except as ap part of a transfer of ownership of the equipment in which such part is installed, provided that you inform usi in writing about such ownership transfer and the transferee agrees in writing to abide by the above license terms prior to any such transfer. Page 5 of 5 Contracting and Paying Nancy Henderson through the Venue a salary No Action. Designating a Day of the Week for the Commissioner Court to Convene Commissioner Serna motioned to Order the second Monday of the month for Commissioner Court to Convene for the Year 2024-2025. Commissioner Chavez seconded the motion calling for a vote; all members answered "aye," and the motion carried. Comm.court. regular session 09-09-2024 Page 7 Terrell County Indigent Healthcare Eligibility Standards for Basic Services Commissioner Serna motioned to approve the 2025 Terrell County Indigent Healthcare Eligibility Standards for Basic Services. Commissioner Garza seconded the motion calling for a vote; all members answered "aye,' > and the motion carried. Terrell County Indigent Health Care Eligibility Standards September 2024 -During the 2024-25 Fiscal Year, Terrell County, Texas will use the following rules and procedures to comply with its state-mandated responsibility under the Indigent Health Care and Treatment Act. The Indigent Health Care and Treatment Act is an attempt to address the needs ofi indigent Texas residents who do not qualify for other health care assistance programs. Eligibility determinations will be based on residency, income, household composition, and resources. Qualified applicant income will not exceed the amount specified on the gross monthly screening table located in the County Indigent Health Care Program Manual at 21% of the Federal Poverty level. An application form for the program may be obtained at the Terrell County Judge's Office in the Terrell County Courthouse in Sanderson, Texas. Eligibility determination will be made within 14 (fourteen) business days after the date a completed application and all required documentation is received by Terrell County Indigent Health Care Program in the County Judge's office. Terrell County authorizes the County Judge to negotiate rates with pharmacies that may be greater than state guidelines. Otherwise, Terrell County does not authorize any optional services or payments exceeding the minimum requirements set by the Texas Department ofState Health Services. Terrell County will use rules and procedures found in the County Indigent Health Care Handbook which is published by the Texas Department of State Health Services. Terrell County Commissioners Court reserves the right to reevaluate the payment method at any time; all parties will be notified if payment method changes. Terrell County does not discriminate on the basis of age, race, or gender in administering the Indigent Health Care Program. Applicants have the right to appeal adverse decisions regarding eligibility. Pursuant to Health and Safety Code Section 61.030, Terrell County has designated Sanderson Rural Health Clinic and Pecos County Memorial Hospital as the mandated providers for indigent health care services except under the following circumstances: 1. in an emergency; 2. when medically inappropriate; or 3. when care is not available. Terrell County has no financial responsibility for non-emergency services rendered to eligible residents by non-mandated providers. Pursuant to Health and Safety Code Section 61.203, this notice will be posted on co.terrell.tx.us web-site and will be posted at a public posting area at the Courthouse. CONTACT INFORMATION: Mailing Address: Terrell County Indigent Health Care Program Terrell County Judge's Office P.O. Box 4810, Sanderson, TX 79848 Physical Address: Terrell County Courthouse County Judge's Office, Second Floor 105 E. Hackberry St., Sanderson, TX 79848 Phone: 432-345-2421 Holiday Schedule for 2025 - Commissioner Serna motioned to approve the Holiday Schedule for the year 2025. Commissioner Johnson seconded the motion calling for a vote; all members answered "aye, 9 and the motion carried. Comm.court. regular session 09-09-2024 Page 8 ADAM JOHNSON ARNULFO SERNA Commissioner, Pct. 1 Commissioner, Pc.3 Lupe Garza Gene Chavez Commissioner, Pct. 2 Commissioner; Pct. 4 ELL COU a P.O. Box 4810 DALE CARRUTHERS Phone: 432-345-2421 Sanderson, Texas 79848 Terrell County Judge FAX: 432-345-2653 2025 County Holidays for Terrell County, Texas January 1, 2025 Wednesday New Year's Day January 20, 2025 Monday Martin Luther King February 17,2025 Monday President's Day April 18, 2025 Friday Good Friday May 26, 2025 Monday Memorial Day June 19, 2025 Thursday Juneteenth July 4, 2025 Friday Independence Day September 1, 2025 Monday Labor Day October 13, 2025 Monday Columbus Day Nov. 11, 2025 Tuesday Veteran's Day Nov.26,27,28, 2025 Wed.,Thurs., Friday Thanksgiving Holidays Dec. 24,25,26, 2025 Wed,Thurs,Friday Christmas Holidays Approved in Commissioners' Court Regular Session on Sept. 9th, 2024 Ifa Holiday falls on a Commissioners Court Regular Session, Court will be held the falling day on Tuesday. List of Bills, Ratify Bills, and Other Bills - Commissioner Johnson motioned to approve the list ofbills, ratify bills, and other bills. Commissioner Serna abstained. Commissioner Garza seconded the motion calling for a vote; all members answered "aye," and the motion carried. Payroll and Utility bills not yet received Commissioner. Johnson motioned to approve payroll and utility bills not yet received. Commissioner Serna seconded the motion calling for a vote; all members answered "aye," ? and the motion carried. Amendments and Transfers None. No. Action. Monthly Reports Commissioner Serna motioned to approve the monthly reports. Commissioner Johnson seconded the motion calling for a vote; all members answered "aye, and the motion carried. Sheriff's Department Verbal Rosamaria Animal Control Verbal Mark Justice of the Peace August (Both) County & District Clerk August EMS Verbal Juliana Road & Bridge Verbal Fabian Senior Citizens Transportation August AgriLife Extension Verbal - Alexandra Museum & Historical Commission Verbal - Adam Comm.court. regular session 09-09-2024 Page 9 Terrell County Library August Visitor Center August Sanitation August Clinic Report August Volunteer Fire Department August Airport Report August Food Pantry August Terrell County Treasurers's Office Report Accounts: Interest Earned General Fund $47,507.31 $382.24 Outstanding checks not yet cashed $38,662.47 Lonestar Investments $366,832 $3,415.29 County CD $62,926 $228.69 TexPool $974.51 $4.34 total for all county General Fund money $439,578.13 total interest $3,801.87 Grants: Bills To be Paid outstanding Money rececived OLS $30,804.76 46,669.89 $879,515.03 OPSG 15,316.11 $64,125.37 LBSP Ratified: Reliant $5,469.36 Water $0.00 have not received Quarles $8,541.36 CitiBank $7,219.79 Verzion $286.30 Big Bend Telephone $2,667.67 W&W Trucking $18,017.00 Lone Star Copiers $230.50 Dial Tone $0.00 have not received Home Depot Bills for Court $25,138.95 Total for bills and Ratifieds $67,570.93 Payroll for August Both payrolls $110,020.19 Both IRS $36,431.85 TCDRS $13,246.42 Total for the month $159,698.46 Comm.court. regular session 09-09-2024 Page 10 SB 22 Sheriff's Department $30,433.20 Prosecution $93,476.40 Total left $123,909.60 Adjourn - Commissioner Serna motioned to adjourn. Commissioner Johnson seconded the motion calling for a vote; all members answered "aye," ? and the motion carried. Rfllampren Raeline Thompson, County Clerk, and Ex-officio Clerk Terrell County Commissioners Court ORDER TO APPROVE MINUTES OF REGULAR SESSION The above and preceding minutes ofthe meeting held on September gth, 2024, are now approved (as amended this day of 2024) as presented IN OPEN COURT this 14th day ofOctober, AD, 2024. Presiding Officer Attest: County Clerk Comm.court. regular session 09-09-2024 Page 11