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2018-01-25 CC MINUTESCalhoun County Commissioners' Court — January 25, 2018 REGULAR 2018 TERM 0 JANUARY 25, 2018 BE IT REMEMBERED THAT ON JANUARY 25, 2018, THERE WAS BEGUN AND HOLDEN A REGULAR TERM OF COMMISSIONERS' COURT. 1. CALL TO ORDER This-meetirig was'callett,to order at_10'00 AM; 2. ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT: Michael J. Pfeifer David Hall Vern Lyssy Clyde Syma Anna Goodman Catherine Blevins County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 County Clerk Deputy County Clerk 3. INVOCATION & PLEDGE OF ALLEGIANCE (AGENDA ITEM NO. 2 & 3) Invocation — Commissioner Hall Pledge to US Flag & Texas Flag — Commissioner Syma & Lyssy Page 1 of 33 I Calhoun County Commissioners' Court — January 25, 2018 4. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 4) On Operative IQ Licensing Agreement between BoundTree Medical and Calhoun County EMS and authorize EMS Director Dustin Jenkins to sign agreement. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Clyde Syma, Commissioner Pet 3 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 2 of 33 Susan Riley From: Dustin.Jenkins@calhouncotx.org -- Dustin Jenkins<Dustin.Jenkins@calhouncotx.org> Sent: Friday, January 12, 2018 10:40 AM To: Shannon Salyer Cc: Susan Riley Subject: Fwd: Bound Tree Medical : Calhoun County Updated Attachments: BTM Operative IQ Licensing_Agreement - Calhoun County 1.11.18 - Updated.pdf Shannon, I am considering placing the attached agreement before the commissioners court. Bound Tree Medical is our largest supplier of EMS supplies. They are willing to rebate us for the cost of an inventory/truck check out program. Their agreement says that if we maintain the same level of purchasing, that we have had for the past several years, they will rebate us yearly for the cost of the program. I was told to run this by you before putting it before the court. Thanks, J. Dustin Jenkins Director of EMS Calhoun County -----Original Message ----- From: "Craig.Gray@BoundTree.com -- Gray, Craig" <Craig.Gray@BoundTree.com> To: "Dustin Jenkins "<dustin.jenkins@calhouncotx.org> Date: Thu, 11 Jan 2018 23:22:08 +0000 Subject: Bound Tree Medical : Calhoun County Updated Good Evening Dustin, It was good to be able to discuss the OIQ program with you today. I have the updated quote with the Narcotic Module removed for clarity and have kept the other Modules on the quote per our conversation. Please review and if you have any questions. I will be in my office early to mid-morning and traveling during the rest of the day tomorrow. I look forward to being able to assist you. Craig Craig Gray, EMTP Bound Tree Medical - Account Manager Mobile: 832 385 8440 1Direct 800 533 0523 x 5140 1 Fax 877 349 2173 carav@boundtree.com www.boundtree.com Customer Service 800 533-0523 1 Fax 800 257-5713 PRIVILEGED AND CONFIDENTIAL: The information contained in this electronic message and any attachments are confidential property and intended only for the use of the addressee. Any interception, copying, accessing, or disclosure or distribution of this message is prohibited, and sender takes no responsibility for any unauthorized reliance on this message. If you have received this message in error, please notify the sender immediately and purge the message you received. - DISCLAIMER REGARDING ELECTRONIC TRANSACTIONS: If this communication relates to the negotiation of a contract or agreement, any so-called electronic transaction or electronic signature statutes shall not be deemed to apply to this communication; contract formation in this matter shall occur only upon the mutual delivery or exchange of manually -affixed original signatures on original documents. J. Dustin Jenkins, DMin, MBA, LP Director of Emergency Medical Services 705 Henry Barber Way Calhoun County, TX dustin.jenkins@calhouncotx.org (361) 571-0014 BoundTree Operative IQ Licensing Agreement Customer Name: Calhoun County EMS Address: 705 Henry Barber Way Port Lavaca, Tx 77979 Attention: Dustin Jenkins E-mail: Dustin.Jenkins@calhouncotx.org This Licensing�pftreement (the "Agreement") is hereby entered this_ Z_1day of a 2018 (the "Effective Date') by and between Company and Customer (referred to herein as the "Parties' or "Party"). 1. Scope. The terms and conditions below represent the terms and conditions under which Company will grant a license to Customer for the Operative IQ Mobile Inventory Management System for Emergency Medical Services (the "Software"). The term of this Agreement shall be as if the Effective Date and remain in full force and effect for 3 year(s) after the Effective Date. 2. Term. The term of this Agreement shall become effective as of the Effective Date and shall remain in full force and effective for 3 year(s) after the Effective Date unless otherwise terminated in accordance with the provisions set forth herein. 3. Grant of Non -Exclusive License. Subject to the terms and conditions of this Agreement, Company hereby grants to Customer a non-exclusive irrevocable license to the Software during the Term (the "License"). 4. Licensing Fee. The fee for each License shall be as specified on Exhibit A, per Contract Year, payable as of the respective Contract Year. For this purpose a "Contract Year" is the Twelve (12) consecutive month period beginning on the Effective Date and each succeeding Twelve (12) month consecutive 12 month period during the Term. If this Agreement ends prior to the end of a Contract Year, the annual licensing fee will be pro -rated to reflect the number of months in the final Contract Year. The number of licenses issued under this Agreement is as specified in Exhibit A. 5. Software Accessories. Customer may purchase Software Accessories needed to operate the software at the prices specified on Exhibit A. The Software Accessories shall be payable at the time of purchase. 6. Set Up and Training. Set up of the Product shall be performed by the software developer at the price specified on Exhibit A. 7. Warranties. Products licensed by Company and Software Accessories carry only those warranties made for them by their manufacturers. The duration of the warranty shall extend for the length of time set by the manufacturer. THERE ARE NO OTHER EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY'S SOLE OBLIGATION AND CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY SHALL BE, AT COMPANY'S OPTION, TO REPAIR OR REPLACE THE PRODUCT. COMPANY SHALL NOT BE LIABLE FOR PUNITIVE, SPECIAL, PROXIMATE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. NOTWITHSTANDING THIS WARRANTY, CUSTOMER SHALL BE wal33aza Company Bound Tree Medical, LLC 5000 Tuttle Crossing Blvd. Dublin, OH 43016 Mark Dougherty Mark. Dougherty@sarnova.Com RESPONSIBLE FOR ALL REGULAR SERVICE AND MAINTENANCE OF PRODUCTS AND SOFTWARE ACCESSORIES. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES OR NONCONFORMITY OF PRODUCTS AND SOFTWARE ACCESSORIES TO THE EXTENT CAUSED EITHER DIRECTLY OR INDIRECTLY BY CUSTOMER OR ITS DESIGNATED REPRESENTATIVES, EMPLOYEES, CONTRACTORS, OR AGENTS. 8. Force Majeure. In the event that either Party is prevented from performing or is unable to perform any of its obligations under this Agreement (other than payment of amounts due hereunder) due to any Act of God, fire, casualty, flood, war, strike, lockout, epidemic, destruction of facilities, riot, insurrection, or any other cause beyond the reasonable control of the Party invoking this Section, such party's performance shall be excused and the time for the performance shall be extended for the period of the delay or inability to perform due to such occurrences. 9. Confidentiality. Neither Party may disclose the terms and conditions of this Agreement to a third party without the prior written consent of the other, except as required by law or as necessary to perform Its obligations under this Agreement. Notwithstanding the foregoing, Company may use certain Customer information as input data in a database where Customer's identity shall be kept anonymous. Neither party will make any press release nor other public announcement regarding this Agreement without the other party's prior written consent except as required under applicable law or by any governmental agency. 10. Miscellaneous. Both Parties shall comply with all laws, rules, and regulations applicable to this Agreement. All purchases under this Agreement are for Customer's "own use" as such term is defined in judicial or legislative interpretation. This Agreement is the entire agreement between the parties with regard to the subject matter of this Agreement. No amendment of the terms of this Agreement will be binding on either party unless reduced to writing and signed by an authorized employee of the party to be bound. 11. Termination. Each Party reserves the right to terminate the Agreement if: (a) the other Party ceases to function as a going concern in the normal course of business; (b) the other Party commits or suffers any act of bankruptcy or insolvency; (c) upon notice of termination after notice of a material breach has been given and such breach is not cured within thirty (30) days following the notice of breach. Company may terminate this agreement at anytime upon written notice to the customer. 12. Relationship of Parties. Each Party is an independent contractor of the other. Neither Party shall be the legal agent of the other for any purpose whatsoever and therefore has no right or authority to make or underwrite any promise, - 13. 14. BoundTree warranty, or representation, to execute any Agreement, or otherwise to assume any obligation or responsibility in the name of or on behalf of the other party, except to the extent specifically authorized in writing by the other Party. Assignment. This Agreement and the rights and obligations hereunder shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns; provided that no Assignment, sale or other assignment of this Agreement can occur unless either (a) the transfer occurs by way of merger, reorganization, consolidation, amalgamation, or as part of a transfer of all or substantially all of the assigning partys assets, or (b) then non -transferring Party consents to the transfer. In the event of such a transfer, the transferring Party agrees to secure consent from the transferee that it will assume and perform all obligations of the transferring Party under this Agreement. Supplier or Company shall give the other written notice of any anticipated assignment of the Agreement as soon as administratively practicable after such information may first be made public. Notices. All notices or other communications that are required or permitted hereunder shall be in writing and delivered personally, sent by facsimile (and such facsimile must be promptly confirmed by personal delivery, registered or certified mail or overnight courier as provided herein), sent by nationally -recognized overnight courier or sent by registered or certified mail, postage prepaid, return receipt requested, to the addresses first specified hereinabove, or to such other address as the Party to whom notice is to be given may have furnished to the other Party in writing in accordance herewith, to the attention of the Chief Executive Operative IQ Licensing Officer. In addition, a copy of any notice to Company must be sent to General Counsel, Sarnova, Inc., 5000 Tuttle Crossing Blvd., Dublin, OH 43016 (such copy shall not constitute legal notice). 15. Headings. The headings of this Agreement are for convenience only and shall not affect the meaning of the terms of this Agreement. 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or Interpretation of this Agreementto the substantive law of another jurisdiction. 17. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future law, and if the 'rights or obligations of either Party under this Agreement will not be materially and adversely affected thereby such provision shall be fully severable and the remaining provisions of this Agreement shall remain in full force and effect to the fullest extent permitted by applicable law, each Party hereby waives any provision of law that would render any provision prohibited or unenforceable in any respect. 18. Waiver. The failure of either Party to assert a right hereunder or to insist upon compliance with any term or condition of this Agreement shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by the other Party. 19. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Company Agreement as of this Z'ttay of -x2618 Customer By: Nam4,Dustin Jenkins Title: Director of EMS Bound Tree Medical, LLC By: Name: Title: Mark J. Dougherty Secretary &Treasurer *To the extent any item is provided at no charge, it is deemed to be provided at a discount on the full price of such item. These discounts are governed by the terms of a separate rebate agreement between the Parties. The parties acknowledge that the rebate provided under the terms of this Agreement constitutes a "discounts or other reductions in price" under section 1128 B(b)(3)(A) of the Social Security Act 42 U.S.C. 1320a-7b(b)(3)(A). Accordingly, Customer shall disclose the discount to any state or federal program that provides cost or charge -based reimbursement to the extent required by law. BoLmd`Tree Customer Rebate Agreement Customer Name: Calhoun County EMS Address: 705 Henry Barber Way Port Lavaca, TX 77979 Attention: Dustin Jenkins Telephone: 361-552-1140 Email: Dustin.Jenkins@calcotx.org 25 This Reblaffireement (the "Agreement') is hereby entered this dayof ` }2018 (the "Effective Date) by and between Customer and Company(referred to herein as the "Parties' or"Party'). 1. Scope. The terms and conditions below represent the terms and conditions under which Company will pay a rebate to Customer. The terms and conditions of any supply or similar contract executed, between the Parties shall apply to and govern this Agreement, to the extent the terms of that agreement do not conflict with the terms set forth herein.. This Agreement shall include Exhibits A hereto, which is incorporated herein by reference. 2. Eligibility for Rebate. If Customer's purchases of products purchased from Company during the period beginning on the Effective Date and ending as specified in Exhibit A (the "Rebate Period") satisfies or exceeds the minimum purchase targets specified in Exhibit A. Customer shall be eligible for a rebate in the amount specified in Exhibit A in accordance with the terms of this Agreement 3. Payment of Rebate. The rebate Is payable (as soon as practicable after the close of the Rebate Period) by credit memo upon calculation and approval of the rebate by Company. 4. Compliance with Safe Harbor Requirements. The Parties acknowledge that the rebate provided under the terms of this Agreement constitutes a "discounts or other reductions In price' under section 1128 B(b)(3)(A) of the Social Security Act 42 U.S.C. 1320a-7b(b)(3)(A). Accordingly, Customer shall disclose the discount to any state or federal program that provides cost or charge -based reimbursement to the extent required bylaw. S. Term. This Agreement shall commence on the Effective Date and continue for a period of one-year. This Agreement may be renewed for additional one-year periods by mutual agreement of the Parties. 6. Confidentiality. Neither Party may disclose the terms and conditions of this Agreement to a third Party without the prior written consent of the other, except as required by law or as necessary to perform its obligations under this Agreement. Notwithstanding the foregoing, Company may use certain Customer information as Input data in a database where Customers identity shall be kept anonymous. 7. Miscellaneous. This Agreement is the entire agreement between the Parties with regard to the subject matter of this Agreement. No amendment ofthe terms of this Agreement will be binding on either Company Bound Tree Medical, LLC 5000Tuttle Crossing Blvd. Dublin, OH 43016 Attention: Mark Dougherty Telephone: 614.760.5018 E-mail: Mark.Dougherty@sarnova.com Party unless reducedto writing and signed by an authorized employee of the Party to be bound. 8. Termination. Generally this Agreement shall terminate at the end of the Term or as otherwise agreed in writing by the Parties; provided, however, that each Party reserves the right to terminate the Agreement if: (a) the other Party ceases to function as a going concern in the normal course of business; (b) the other Party commits or suffers any act of bankruptcy or insolvency. In the event the Operative IQ Licensing Agreement expires or is terminated, This Agreement shall also simultaneously expire or terminate. 9. Assignment. This Agreement and the rights and obligations hereunder shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns; provided that no assignment of this Agreement can occur without the prior written consent of the other Party. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. 11. Waiver. The failure of either Party to assert a right hereunder or to insist upon compliance with any term or condition of this Agreement shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by the other Party. 12. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Company Agreement as of this25wday of Jan . 2018_ Customer By: e. D 1n Jepkfns Title: Director of EMS Bound Tree Medical, LLC Mark Dougherty, Treasurer & Secretary BoundTree 800-633-0523 1 www.boundtree,eeM Exhibit A* Customer Name: BTM Customer Number: BTM Account Manager: Number of Inventory Management Licenses: Number of Fleet Licenses: Rebate Period: Calhoun County EMS 107568 Craig Gray 3 Years Bound Tree Pricing Summary Year 1 Year Year 3 TOTAL Inventory Management Licenses $2,100 $2,100 $2,100 $6,300 Inventory Management Set Up Fee $3,800 $0 $0 $3,800 deet Management License $576 $576 $576 $1,728 Total Fees Before Rebate $6,476 $2,676 $2,676 $11,828 Bound Tree Discount Pricing Summary Year 1 Year,2 Year 3 TOTAL Rebate Percentage for Licenses 100% 100% 100% '$43,000 Inventory Management Licenses $0 $0 $0 $0 Inventory Management Set Up Fee $0 $0 $0 $0 Fleet Management License $0 $0 $0 $0 Total Fees After Rebate $0 $0 $0 $0 Rebate Calculation , Year 1 Year 2 Year 3 ATOTAL Rebate Percentage 100% 100% 100% SAVINGS Minimum Purchase Commitment for Rebate $43,000 '$43,000 $43,000 Rebate Amount $6,476 $2,676 $2,676 1 $11,828 *To the extent any item is provided at no charge, it is deemed to be provided at a discount on the full price of such item. These discounts are governed by the terms of a separate rebate agreement between the Parties. The parties acknowledge that the rebate provided under the terms of this Agreement constitutes a "discounts or other reductions in price" under section 1128 13(b)(3)(A) of the Social Security Act 42 U.S.C. 1320a-7b(b)(3)(A). Accordingly, Customer shall disclose the discount to any state or federal program that provides cost or charge -based reimbursement to the extent required by law. Forms provided by Texas Ethics Commission www.emlcs.siate.ix.us ^ -_ � �� CERTIFICATE OF INTERESTED PARTIES FORM 1295 Intl Complete Nos.1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-305386 Bound Tree Medical Dublin, OH United States Date Filed: 01/24/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County EMS Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 2018 Operative IQ Inventory tracking software Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary BEMS Holdings, LLC Dublin, OH United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is DARRELL HUGHES and my date of birth is 5000 TUTTLE CROSSING BLVD DUBLIN OH 43016 USA My address is ' (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. FRANKLIN OHIO 24 JANUARY 18 Executed in County, State of , on the _day of , 20_ (month) (year) Signature of authorized agent of contracting business entity (Declarant) I r.....;.... vs n 552? Forms provided by Texas Ethics Commission www.emlcs.siate.ix.us ^ -_ � �� Forms provided by Texas Ethics Commission www.ethiCs.state.tx.us verswn v CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. l - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-305386 Bound Tree Medical Dublin, OH United States Date Filed: 01/24/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County EMS Date Acknowledged: 02/05/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goads, or other property to be provided under the contract. 2018 Operative IQ Inventory tracking software Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary BEMS Holdings, LLC Dublin, OH United States X 5 Check only if there is NO Interested Party, ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the _day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethiCs.state.tx.us verswn v Calhoun County Commissioners' Court — January 25, 2018 S. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 5) On Cylinder Lease Agreement with Airgas Gulf Coast (Airgas) and Calhoun County EMS and authorize EMS Director Dustin Jenkins to sign agreement. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 3 of 33 https://mail.calhouncotx.org[WorldClient.dll?Session=WA2PA1 CZE.. From: "Dustin.]enkins@caihouncobe.org--Dustin Jenkins"<Dustln.lenMns@calhounc0tx.org> To: "Susan Riley" <susan.riley@calhouncobcorg> Cc: "Shannon Salyer"<shannon.salyer@calhounmb;.org> Date: 0111712018 09:50 AM Subject: Fwd: RE: tEXTERNAL] Re: Cylinder Lease Agreement Susan, Attached below is the agreement with AlrGas for a rebate on 14 old cylinders and lease for 14 new larger ones. Mr. Salyer has approved and It is ready to go to commissioners court. I have AwBas add 3 cylinders to the agreement after Mr. Salyer approved the agreement as I found 3 more cylinders in our possession. Thanks, Dustin Original Message ----- From: "Darby.Wagner@Airgas.com -- Darby Wagner" <Darby.Wagner@Airgas.com> To: Dustin Jenkins <DusBn.lenkins@calhouncotcorg> Date: Fri, 12 Jan 201817:11:21 +0000 Subject: RE: [EXTERNAL] Re: Cylinder Lease Agreement Hello Dustin, Attached is updated lease and sales order for 14 cylinders. question, will you be staging any full cylinders as backup so you will be able to change out full for empty on the trucks? lam trying no figure out how we will be even exchanging full for empties cylinders when we make deliveries. Currently you have a staging area where you keep full and empties for us to change out. I fust want to be sure you will have enough cylinders to stage empties and still have one full in the truck. Thanks, Darby Wagner I Branch Manager—Gulf Coast Region I Ahgaa, an Air Liquide Company 904 N. Hwy 35 N., Pon Lavaca, Texas 71979 O; 361 552 4558 1 C'. 361-54096451 darby.wagnerd airgascom Find it with as, anytime, anywhere m www Airoas.com From: Dustin Jenkins[mallw:Dusgn.lenktns@alhounwtx.org] Sent: Wednesday, January 10, 2018 5:09 PM To: Darby Wagner Subject: [EXTERNAL] Re: Cylinder Lease Agreement Darby, is are moving forward with this agreement. But since we last spoke I found out that we have 3 more bottles In our Volunteer responder organizations that we own. Could you the paperwork from 11 battles to 14? 14 to buy back and 14 for us to lease. Dustin ---Odginal Message ---- From: '0& a (®AI a = c - Da try W a r' <Darby WaonenaNroas com> To: "dy ighT gtlklmig Nel 1p incntxom"<dustin.lenkinsi'calhouncrio.omr, Date: Tue, 9 Jan 201818:43:18 +0000 Subject: Cylinder Lease Agreement Hello Dustin, Attached is Cylinder Lease Agreement and Sales Order for the new annual lease requested. i have discounted the per the lease price to $65 per cylinder to give credit for trading In the OX USP125 what you currently have. Darby Wagner I Branch Manager — Gulf Coast Region I Airgas, an Air Liquide Company 904 N. Hwy 35 N., Port Lavaca, Texas 77979 0: 361.552-45561 C: 361-548-9645 1 darbywaoner®aimas.wm Piece with us, anytime, anywhere at_vnvw Aimascom From: Image scanning hrrt ifil ;image scannin»gas,.rnpt] Sent: Tuesday, January 09, 2018 12:19 PM To: Darby Wagner Subject: 1. Dustin Jenkins, DMin, MBA, LP Director of Emergency Medical Services 705 Henry Barber Way Calhoun County, TX (361)571-0014 J. Dustin Jenkins, DMin, MBA, LP Director of Emergency Medical Services 705 Henry Barber way Calhoun County, TX dustin.jenkinsocalhouncotx.org (361) 571-0014 of 2 1/18/2018, 9:54 AM Attachments: https://mail.calhouncotx.org/ WorldClient.dll?Session=WA2PA 1 CZE.. File: Nn Subject Size: 135k Content Type: message/dc822 File: Cylinder Lem Agreement 2018 doe Size: 49k Content Type: application/msword ! of 2 1/18/2018, 9:54 AM Susan Riley From: Dustin.Jenkins@calhouncotx.org -- Dustin Jenkins<Dustin.Jenkins@calhouncotx.org> Sent: Monday, January 08, 2018 9:25 AM To: Susan Riley Subject: 02 Bottles Susan, I hope your week has got off to a great start today! I am writing to ask a question regarding our oxygen bottles. Right now we own 11 oxygen bottles that serve as our main oxygen supply on our ambulances. This is a smaller bottle than what is normally used in EMS ambulances and is not sufficient for transports where CPAP is utilized. It is necessary to increase to the larger Oxygen bottles which is the standard in EMS. I would like to lease new bottles instead of purchase, as the burden/cost of the maintenance and testing procedures will be upon Airgas. Airgas has proposed a deal where we will be able to secure a lower monthly lease if we return the 11 oxygen bottle we own. What do we need to do legally in order to go ahead with this exchange? Thank you, J. Dustin Jenkins, DMin, MBA, LP Director of Emergency Medical Services 705 Henry Barber Way Calhoun County, TX dustin.jenkins@calhouncotx.org (361) 571-0014 V Order Number 1065175016 Under Lease Agreement Customer Number 2264367 Cylinder agreement made this _1st_ day of March_, _2018,_between Airgas Gulf Coast (Airgas) and (Lessee) _Dustin Jenkins Calhoun County EMS 361.552.1140_ Name Company Name Phone Number _705 Henry Barber Way Port Lavaca TX 7797 Street City State zip The term of this Agreement shall be for initial _1_ year(s) period, to be renewed automatically thereafter until terminated in writing by either party at the initial term or any subsequent anniversary thereof. Airgas reserves the right to adjust the renewal rates based on current market value. Early termination of this Lease will not result in any refund issued. Lessee shall be liable for any taxes that may be levied or assessed on aforesaid cylinders during the term of this agreement. Quantity Style Description Price _14 Lease _Medical Oxygen Cylinders _$910.00 Price adjusted for trade-in of the 14 OX 125's _you currently use. • Airgas will maintain at all times during the lease a sufficient number of filled cylinders to Lessee in return for empty cylinders so long as the total quantity of the respective types of cylinders in possession by Lessee at any time does not exceed the quantity specified above. • If at any time the leased cylinder balance is greater than the total leased cylinders, consumer will be charged daily rent on all cylinders in excess. • Cylinders leased from Airgas, to the Lessee shall remain the property of Airgas. Lessee shall bear the financial responsibility for the repair of all damage to or the loss of leased cylinders. Damage includes arc bums, grinding, severe dents, or any other damage that renders the cylinders unusable, or unsafe in the opinion of Airgas. Repair costs assessed against consumer shall be at the actual cost incurred by Airgas to put the damaged cylinder into usable condition. Replacement shall be at the current cost, incurred by Airgas from its normal suppliers, of a new cylinder of the size and rating lost or damaged beyond repair. • Lessee shall not deface, repaint, affix stickers to, or remove serial numbers, trade names, DOT numbers, or other identification symbols from the leased cylinders. • Lessee is responsible for the financial cost of cylinder cleaning and replacement of lost safety caps. • Only Airgas shall refill leased cylinders. • Lessee shall inform Airgas of any changes in personal or company names or address, including temporary changes to an out of state location. • Lessee shall not assign this Lease Agreement nor transfer possession of the leased cylinders to any other person or entity. • Airgas may terminate this Lease Agreement for any breach of the terms contained herein, including, but not limited to, loss or excessive damage to leased cylinders, or failure to make payment as set forth herein. • Upon termination of the agreement, the above quantity of cylinders allotted to consumer shall be returned to Airgas in good condition, complete with caps and fitting and shall pay the replacement value of any cylinders, caps or fittings lost or damaged. Upon default of this lease, Airgas may charge an interest rate of 18% APR and/or the Lessee agrees to pay all reasonable attorney fees before and after suit. Airgas Gulf Coast Lessee By: Darby Wagner Store Location: _Port Lavaca, TX Name: Tt7„g t i n 7p- k j rig 23 01112/2018 11:39:16 AM EST Page l of I AIRGAS USA, LLC 904 STATE HIGHWAY 35 N PORT LAVACA TX 77979-5206 T: 361-552-4558 F: 361-5525160 Ship To: 2232012 CALHOUN COUNTY EMS 4 705 COUNTY ROAD 101 PORT LAVACA TX 77979-6092 T: 361-552.1140 Sold To: 2264367 CALHOUN COUNTY EMS 705 COUNTY ROAD 101 PORT LAVACA TX 77979-6092 T. $61-552-1140 ORDER CONFIRMATION eme�'sHIM 'Or�.r��U�' wWl1111p ENO " s 10 LSECYLILGOX C171 14 CL 65.00 YR .910.00 LEASE CYL IND LARGE OXYGEN I�.co§enOs-_i.�;., `_ Airgas Truck ,.O,fr„ye?7bae 01(0512010 -- r-aff.E- {epare�Bp;1;,,, Darby Wagner CdfactPhgpe; 369-552-4558- pbmtie`;" Lease for Dustin Jenkins yf2eleasej(_JurO-perms: O�deter�tByg-'` Lease:for Dustin Jenkins eme�'sHIM 'Or�.r��U�' wWl1111p ENO " s 10 LSECYLILGOX C171 14 CL 65.00 YR .910.00 LEASE CYL IND LARGE OXYGEN I�.co§enOs-_i.�;., `_ Airgas Truck r4°Ship mg'jk,�ethoTi� Airgas Truck Payiryegt;,l er`1s"fi� NET 30 i 910.00 O damT� MSountec yT�O� 910.00 i� l i -' -" 0.00 lra P .D,ge:'6 fa r i . r v'.1 910.00 SURCHARGES, TAXES & FREIGHT MAY NOT BE INCLUDED OR MAY CHANGE AT TIME OF BILLING. Comments: CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos, 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2,$, 5, and 's if there are no Interested parties, OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and thecity, state and country of the business entity's place of business. 2018-305.171 Airgas USA LLC Port Lavaca , TX United States Date Filed: 01/24/2018 Date Acknowledged: 2 Name of governmental entity or state agency that is a party to the contract for which the form is. being filed. Calhoun County EMS 3 Provide the identification number used by the governmental entity or state agency to track or identify thecontract, and provide a description of the services, goods, or other property to be provided under the contract. Lease Lease agreement for medical cylinders 4 Name of Interested Party City, state, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION .My name is. Yand my date of birtthh is My addiess is ami! L. %%/�li fl K 57' V IGra%; lh (sheat) (city) T�1 , (stale) (Zip code) (country) I declare under penaltyof ppnerjury that the foregoing is true and correct., Executed In C joL-/ )) 6 U w County, State of ! GSC i%� , on the 11 '7 day of ZJflN 8 x0_zr—. . (month) (year) '/'y`' Slgnaturoof authord agentof contracting business entity (Dedamnp Forms provided by Texas Ethics Commission WVwW,ethlcs,state.tx,ue° verwul Forms provided by Texas Ethics Commission www.ethlcs.state.tx.us veisiun v CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-305171 Airgas USA LLC Port Lavaca , TX United States Date Filed: 01/24/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County EMS - Date Acknowledged: 02/05/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract, Lease Lease agreement for medical cylinders Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is My address is ' (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the _day of , 20. (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethlcs.state.tx.us veisiun v Calhoun County Commissioners' Court — January 25, 2018 6. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 6) To allow the Port O'Connor Chamber of Commerce to use King Fisher Beach Park April 28, 2018 for their Crawfish Festival (KF) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 4 of 33 January 15, 2018 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 Please place the following item on the Commissioners' Court Agenda forlanuary 25, 2018. • Discuss and take necessary action to allow the Port O'Connor Chamber of Commerce to use King Fisher Beach Park April 28, 2018 for their Crawfish Festival. Sincerely, Kenneth W. Finster KWF/at P.O. Box 177 -Seadrift, Texas 77983 - email: kfinster@calhouncotx.org- (361) 785-3141- Fax (361) 785-5602 I Calhoun County Commissioners' Court — January 25, 2018 7. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 7) On request by Port O'Connor Chamber of Commerce/ Crawfish Fest to sell alcohol at the annual fundraiser to be held April 28, 2018 at Kingfisher Beach in Port O'Connor, Texas and authorize County Judge to sign letter of approval to TABC. (KF) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 5 of 33 January 15, 2018 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 Please place the following item on the Commissioners' Court Agenda for January 25, 2018. • Discuss and take necessary action to allow the Port O'Connor Chamber of Commerce/Crawfish Fest to sell alcohol at their annual fundraiser to be held April 28, 2018 at Kingfisher Beach in Port O'Connor, TX and authorize County Judge to sign letter of approval to the TABC. Sincerely, W. jC�ua:�Sv Kenneth W. Finster KWF/at P.O. Box 177 - Seadrift, Texas 77983 - email: kfinster@calhouncotx.org - (361) 785-3141 - Fax (361) 785-5602 gTpK¢ op rPi MICHAEL J. PFEIFER Calhoun County Judge Jaw"° 211 S. Arm Street, Suite 301 - Port Lavaca, Texas 77979 (361) 553-4600 - Fax (361) 553-4444 - Email: mike.pfeifer@calhouncotx.org January 25, 2018 Texas Alcoholic Beverage Commission Victoria, Texas TO: WHOM IT MAY CONCERN: RE: PORT O' CONNOR CHAMBER OF COMMERCE CRAWFISH FEST On January 25, 2018, Calhoun County Commissioners' Court heard and approved a request by the Port O'Connor Chamber of Commerce Crawfish Fest to sell alcohol at their Event. Darla Parker of the Port O'Connor Chamber of Commerce is authorized to hold a Temporary License - Special Three Day Wine and Beer Permit for a Non -Profit Charitable Organization for the Crawfish Festival to be held on April 28, 2018 from 7 a.m. to 8:00 p.m. at Kingfisher Beach and Park located at Highway 185 and Park Street in Port O'Connor, Texas 77982. Please do not hesitate to contact this office if you require any further information. Sincerely, Michael J. Pfeifer Calhoun County Judge MJP/sr www.calhouncotx.org I Calhoun County Commissioners' Court —January 25, 2018 8. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 8) To designate Park Ave as a One way street during the Crawfish Fest being held April 28, 2018 between the hours of 7am and 8pm in order to deter traffic hazards. (KF) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 6 of 33 January 15, 2018 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 Please place the following item on the Commissioners' Court Agenda forJanuary 25 2018. • Discuss and take necessary action to designate Park Ave. as a One Way street during the Crawfish Fest being held April 28, 2018, between the hours of 7 am and 8 pm in order to deter traffic hazards. Sincerely, Kenneth W. Finster KWF/at P.O. Box 177 - Seadrift, Texas 77983 - email: kfinsler9calhouncotx.org - (361) 785-3141 - Fax (361) 785-5602 Calhoun County Commissioners' Court— January 25, 2018 9. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 9) On request by Port O'Connor to hold Fire Works display at Kingfisher Beach/Park on July 7, 2018. (KF) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 7 of 33 January 15, 2018 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 Please place the following item on the Commissioners' Court Agenda for January 25, 2018. • Discuss and take necessary action to authorize Port O'Connor Chamber to hold the Fire Works display at Kingfisher Beach/Park on July 7, 2018. Sincerely, Kenneth W. Finster KWF/at P.O. Box 177 - Seadrift, Texas 77983 - email: kfmster@callmrmcmx.org — (361) 785-3141 — Fax (361) 785-5602 Calhoun County Commissioners' Court— January 25, 2018 10. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 10) On request by Precinct #3 Road and Bridge to apply for credit with Brauntex Materials for Road materials and authorize Commissioner Syma to sign credit application. (CS) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 8 of 33 i 1 t Clyde Syma Calhoun County Commissioner, Precinct 3 24627 State Hwy. 172—Olivia, Port Lavaca, Texas 77979 —Office (361) 893-5346 —Fax (361) 893-5309 Email: cede symaocalhouncotx.oi� January 25, 2018 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: Agenda Item Dear Judge Pfeifer, Please place the following item on the Commissioner's Court Agenda for January 25, 2018 • Please discuss and take necessary action to allow Precinct #3 Road & Bridge to apply for credit with Brauntex Materials for road materials and allow Commissioner Syma to sign credit application. Sincerely, Clyde Syma, Commissioner, Pct.3 CS/jv .......... 93rauntex Materials, ➢ne, Located at; 1504 Wald Rd. Remit to; 1504 Wald Rd. New BanAfcls,TX 78132 New BrAunfals, TX 78132 ORMCo(330)625-627b F.1X:((830)620-7995 METR04(830)606.6276 EMAH, brnuntext satcrr_enm INCOMPLETE APPLICATIONSWILL NOT BE PROCESSED FULL LEGAL NAME OF FIRM OR INDIViDUAL_Calhoun County Pot. #3 EIN OR SS", 74-6001923 24627 State Hwy 172 PHYSICAL ADDRESS 24627 State Hwy 172 TELEPxGNENO. 361-893-5346 CELLNO. TYPEOFBU,sMSS County Government CORPORATION PARTNERSHIP IS YOUR BUSINESS OVINED OR LEASED? County Government ACCOUNTSPAYABLE CONTACT Julia Vickery FMUtPALS OR OWNERS OF COMPANY: TX 77979 julia.vickery@calhouncotx.org '.IN BUsMS8 100+ Years G'r'r-mx Government LEASED, FROM WHOM? TELEPHONE No. 361-893-5346 FAXN0.361-893-5309 NAME TITLE .SSA' IF SUBSIDL9RY, NAME OF PARENT COMPANY N/A ADDRESS TBLEPHONENO. CREDITLINEANTICIPATED $20.000 SALES TAX EXEMPT? YES OR NO PURCHASE ORDERS REQUIRED? YES OR NO (IF YES — CERTIFICATE REQUMPIG) BANKREFEp.ENCB Prosperity Bank - Port Lavaca, TX (CONTACTNAME, ADDRESS & TELEPHONE NUMBER) TRADEREFERENCES(INCLODENAME,ADDRESSTELEPHONENUMEEILANAIrAXNUM YR) DUN&BRADSTREETNO. 1 Vulcan Materials Gary Eagle 800-535-0949 y Quality Hot Mix Jeff Feats 979-543-4400 3. CREDITAGREEMENT IIWe undcmigucd applicant, do herebyjoindy and individually guarantee to pay for all goods,service and merchandise applied to moor to any ofus at the above business. UWe, understand dtatBauntazMatetials, Inc, may charge finance charges at I '/_%permouth on the past due balance calculated from the date of defailtuntil the All amount is paid. In the event that Any tecuunts are placed for collection, IIWc agree to pay all costs including reasonable nttomay fees, collection fees, court costs and fnaace charges_ IAVe Authorize Bauntax Materinls, Inc. to investigate our credit history, bank references and say other information deemed necessary to Wood credit Me authorize our supphermhnaka to release all pertinent credit information. VWe agree to immediately notifyBauntox Materials, Inc, of any chnuge in oavershi% address, person ofcontact or fomrofsaidhusfnass. This agrcementshail remahu eufoacrmtil written noGearevacution is received by BauntexMaterials,Ino, Afceof$30.00sbagbecimrgedforeuch returned check item or returned electronic draft item. Me also name that all court proceedings will take place in Comet County, Terms and no change ofvenne will be requested. APPLICANT'S SIGNATURE DATE January 25, 2018 APPLICATNT'S PRiNTEDNAME AND TITLE Clyde Syma, Commissioner Precinct 3, Calhoun County TX GUARANTEEAGREEMENT For value received, and to induceyou, your divisions and subsidiaries to undedalrc orcoatimm to sell goods and/or lease property, dreundersigned, jaintlyand sevamlly, hereby ttuconditionatlyand absolutely guaantm payment when due of any and all presentand future indebtedness owed Bauntox Materials, Inc. by the delumand interpretation or enforcement of Ih Is Guarantee Agreement shall be.in Conal County, Texas. Guarantor -Name (Print or Type) GuamnmrName (Print or Type) _ Gummntor Signntme Date Guarantor StgmNre FOR BRAUNTEX USE ONLY APPROVED BY Calhoun County Commissioners' Court — January 25, 2018 11. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 11) On Homeland Security Grant for purchase of Lenco Bearcat Armored Vehicle. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Clyde Syma, Commissioner Pet 3 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 9 of 33 CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 PHONE NUMBER (361) 553-4646 FAX (361) 553-4668 MEMO TO: MIKE PFEIFER, COUNTY JUDGE SUBJECT: Homeland Security Grant DATE: January 5; 2018 Please place the following item(s) on the Commissioner's Court agenda for the date indicated: , Agenda for January 25, 2018 To accept and approve to finalize submission on Homeland Security Grant for purchase of Lenco Bearcat Armored Vehicle. Sincerely, Bobbie Vickery Calhoun County Sheriff I Calhoun County Commissioners' Court — January 25, 2018 12. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 12) On Criminal Justice Grant for a Multi-purpose Tahoe to be used for K-9 and Swat Team. (MP) RESULT: APPROVED (UNANIMOUS] MOVER: Clyde Syma, Commissioner Pct 3 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 10 of 33 CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979. PHONE NUMBER (361) 553-4646 FAX (361) 553-4668 MEMO TO: MIKE PFEIFER, COUNTY JUDGE SUBJECT: Homeland Security Grant DATE: January 5; 2018 Please place the following item(s) on the Commissioner's Court agenda for the date indicated: , Agenda for January 25, 2018 To accept and approve submission of a Criminal Justice Grant for a multi- purpose Tahoe to be used for K-9 and Swat team. Sincerely, Bobbie Vickery Calhoun County Sheriff CAP Fleet Upfitters, LLC 4715 S General Bruce Drive Temple, TX 76502 Phone: 254-773-1959 Jon Rainwater jrainwater@capfleetupfitters.com 1GNLC2EOXBR345096 JAMES TOLAR Notes K9 UNIT ACCESORIES, UNKNOWN MNFG OF C.S. K9 UNIT AT THIS TIME 2010 Chevrolet Tahoe Quote 01/15/2018 CAPQ34539 This quote is good for 30 days from date of quote. Subtotal Tax � M � Desc_npklon -�_ Un1t Pn_ce _ Partes Qty, w � _ HP -5020 1 K9 HOT -N -POP PRO TEMPERATURE ALARM & DOOR $ 1,266.95 $ 1,266.95 OPENING SYSTEM INCLUDES HORN ACTIVATION, SIREN ACTIVATION, LIGHT ACTIVATION, DUAL WINDOW DROP AND ONE DOOR POP REMOTE WITH �10LSTER OP'YI®NAL 10 4M(ITM19DUL`E -� $ 22930 $22920- F[A EKT10 P _ _ 1 _ MAIJUAL2SWITG}f ASD tv)ATERIAI-.S �' - -� H-NKLBK-P 1 NO K9 LEFT BEHIND $ 67.50 $ 67.50 H7�CMD=P _ - 1, CJARBON MONOXIDE DET6GT012}ANp__It��CERFAC_ HAP-ESFS-K 1 ENGINE STALL SENSOR $ 76.00 $ 76.00 $ X00 60# jT'A'SRMM.D_NO EARN— 0D = -, -,=- Aa', -- $ 1(LO 60--7,, AWD-7020 1 ACE WATCHDOG $ 879.00 $ 879.00 NOTES: SUPERCEDES AWD-7010 AceWatchDog7m Server Service is $168,00 Per Year and the First Year Is IBc�grted�ttlLNew UOit SHIP 1 SHIPPING & HANDLING $ 60 00 $ 60 00 This quote is good for 30 days from date of quote. Subtotal Tax $ 3,732.00 $ 0.00 Grand $ 3,732.00 /Z - 1 hereby authorize the Install work therein set forth to be done by CAP Fleet Upfluars, together with the furnishing by CAP Fleet Upfltters of the necessary parts and other material for such Install and agree that CAP Fleet Upfittors Is not responsible for any delays caused by unavailability or delayed availability of parts or material for any reason; that CAP Float Upfitlers neither assumes or authorizes any other person to assume for CAP Fleet Upfittors any liability in connection with such install; that CAP Fleet Upfltters shall not be responsible for loss or damage to the above vehicle, or articles left therein; in case of fire, theft, any Act of God, or other cause beyond CAP Fleet Upfitters control; that CAP Fleet Upfiflers employees may operate the above vehicle on streets, highways, or elsewhere for the purpose of testing and/or inspecting such vehicle. WWW.CAPFLEETUPFITTERS.COM Page 1 i Calhoun County Commissioners' Court — January 25, 2018 13. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 13) On Equipment Disposition Services Agreement between Calhoun County and Ritchie Bros. Auctioneers and authorize Commissioner Lyssy to sign. (VL) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: Clyde Syma, Commissioner Pet 3 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 11 of 33 EQUIPMENT DISPOSITION SERVICES AGREEMENT LEGAL NAME OF SELLER: Calhoun County DATE: November 30, 2017 STATE OF INCORPORATION/REGISTRATION: OWNER CODE: SALES REP: Eddie Gonzales This EQUIPMENT DISPOSITION SERVICES AGREEMENT (this "Agreement") is entered into as of the date first written above (the "Effective Date") by and between the entities set out in Schedule F (collectively, "RB Group") and the customer identified above (the "Seller") for the sale of Equipment through a Live Auction Event or the Marketplaces. GOh1PIDENTiAL - ""Page 1:'of"18- Operating As/Doing Business As Names (if Calhoun County applicable) Seller Business Address 5812 FM 1090, Port Lavaca TX, 77979 Authorized Representative Vernon Lyssy Title of Authorized Representative Calhoun County Commissioner, Precinct #2 Phone 361-552-9656 Fax 361-553-6664 Email Vern.lyssy@calhouncotc.org • Equipment The Seller authorizes RB Group to offer and sell the equipment listed on one or more lists of equipment provided to RB Group in the form attached as Schedule A ("Schedule A Equipment") for sale by RB Group through unreserved public auction occurring at a RB Group site or designated offsite location (the "Live Auction Event"). The Seller authorizes RB Group to offer and sell the equipment listed on one or more lists of equipment provided to RB Group in the form attached as Schedule B ("Schedule B Equipment", and collectively with Schedule A Equipment, the "Equipment") through one or more of RB Group's online marketplace events hosted by www.ironplanet.com or www.truckplanet.com (collectively, the "Marketplaces", and each a "Marketplace"), as indicated by the "Marketplace Type" and "Sale Type" selected by the Seller and noted on Schedule B. Commission For Schedule A Equipment sold through a Live Auction Event, RB Group will be entitled to a commission based on Rate the gross sale price as follows: Schedule A (a) 11% for any lot in excess of $2,500.00; and Equipment (b) 25% for any lot realizing $2,500.00 or less, with a minimum fee of $100.00 per lot. Seller Initials RB Group Initials Commission For Schedule B Equipment sold through a Marketplace, RB Group will be entitled to a commission based on the Rate gross sale price as follows: Schedule B (a) 11% for any lot in excess of $2,500.00; and Equipment (b) 25% for any lot realizing $2,500 or less, with a minimum fee of $100.00 per lot. Seller Initials RB Group Initials Proceeds Unless otherwise specified in writing, the Seller acknowledges that there is no guarantee whatsoever as to the gross proceeds to be realized from the sale of the Equipment. Listing Fees A Listing Fee, as set out in Schedule C, will apply for each unit of Schedule B Equipment that the Seller lists on the Marketplaces. Title Transfer The Seller will pay lien search fees, title transfer fees and any other fee applicable as set out in Schedule C. RB Fees; Lien Group will deduct such fees from any amounts owing to the Seller. Search Fees GOh1PIDENTiAL - ""Page 1:'of"18- Refurbishment The Seller elects to have RB Group arrange for the welding, sandblasting, painting, cleaning, and other refurbishing (the "Refurbishing") of the Equipment to a standard acceptable to RB Group. ❑ YES OR . ❑ NO Should RB Group organize and pay for the Refurbishing of any part of the Equipment, RB Group will be reimbursed for these costs plus 10% provided that the total cost will not exceed dollars ($� without the Sellers consent. Equipment The Seller agrees that the Schedule B Equipment will remain in the same or better condition as previously inspected Condition by RB Group. In the event of any unforeseen machine failure, the Seller agrees to make the necessary repairs to bring the Schedule B Equipment to the same condition as when inspected by RB Group. Fuel/Batteries The Seller will reimburse RB Group for the cost plus 10% of fuel and batteries as RB Group deems necessary for Cost demonstration and sale of the Equipment. Delivery The Seller will deliver Schedule A Equipment, at the Sellers cost, to the auction site (the "Site") no later than 15 days prior to the scheduled Live Auction Event. The Seller may elect for RB Group to arrange for delivery of the Schedule A Equipment to the Site by indicating the same in Schedule A. If delivery by RB Group is elected, the Seller will be charged a delivery fee equal to the actual cost of delivery plus 10%. All sales of Schedule A Equipment will also be subject to the terms and conditions set out in Schedule D to this Terms & Agreement. All sales of Schedule B Equipment will also be subject to the terms and conditions set out in Schedule Conditions E to this Agreement (collectively with the terms and conditions set out in Schedule D, the "Terms and Conditions"). OEM= I Live Auction RB Group will, as agent of the Seller, offer Schedule A Equipment, together with any additional items delivered by Event Onsite the Seller to the auction site, for sale at the Live Auction Event on the date and location set out in Schedule A. OMER=A The Seller hereby appoints RB Group as its attorney-in-fact with a limited power of attorney ("LPOA") to execute on the Sellers's behalf, all documents necessary and required to transfer title to, and permit registration of ownership of, any portion of the Equipment to the buyer; provided, however, if original titles or a notarized LPOA are required by federal, state, provincial or local regulation to transfer title, the Seller will provide RB Group with either, as applicable, (i) signed original titles, or (ii) a notarized LPDA and unsigned original titles at least two weeks prior to the Live Auction Event for Schedule A Equipment or the time of listing for Schedule B Equipment. Failure to provide title(s) and/or an LPOA as required will prevent the Equipment being made available for sale on the Marketplace(s) until such documentation is provided. ARE THERE ANY LIENS ON THE EQUIPMENT? ❑ YES OR ❑ NO SELLER'S INTERNAL CONTACT REGARDING LIENS AND TITLES (NamelPhonalFaxlEmail): 1. If "Yes", please provide information for each of the lien holders as requested in the applicable Schedule. 2. Unless otherwise disclosed in the applicable Schedule, the undersigned, on behalf of the Seller, represents and warrants that all Equipment is or will be free of all liens, charges, security interests, tax or duty obligations or other encumbrances (the "Encumbrances") prior to being placed for sale in a Live Auction Event or on the Marketplace(s). 3. The Seller: (i) authorizes RB Group to conduct lien searches on the Equipment; (ii) authorizes RB Group to contact potential lien holders for the disclosure of Encumbrances and to obtain pay-off balances and releases; (iii) consents to the release to RB Group of any and all information pertaining to any such lien, charge, encumbrance or security interest; and (iv) assigns proceeds from the sale of the Equipment as may be required to discharge and satisfy all charges, liens, claims and encumbrances in respect of the Equipment. 4. For greater certainty, lien search fees will apply regardless of the Sellers response. e � The Seller represents and warrants that: tCQNEIDENTIAL Page2lof 16', (a) the Equipment is, and on the date of sale will be, owned by the Seller free and clear of any and all registered and unregistered liens, security interests, tax or duty obligations or other encumbrances or contrary claims whatsoever, except as set out in the applicable Schedule A and Schedule B; (b) the Equipment is in good operating condition, free of material defects, except as disclosed; (c) the Seller is solvent and has not made, nor is it aware of, any assignment, proposal or other proceeding for the benefit of its creditors; (d) the description of the Equipment shall be accurately set forth on the applicable Schedule, and in the case of all motor vehicle Equipment, such Equipment has never been re -built, salvaged or glidered except as disclosed to RB Group; (e) all odometer and hour meters on the Equipment reflect actual mileage or usage unless otherwise disclosed to RB Group on the applicable Schedule; (f) the offering for sale, advertising or selling of the Equipment will not contravene or infringe upon any patent, copyright, trademark, agreement or similar right of any third party; (g) the Equipment has not been modified or tampered with in any manner that would be contrary to applicable legislation or misleading to a potential buyer; (h) the Seller and its signatories are duly authorized to enter into this Agreement and to complete and deliver all Schedules that are delivered to RB Group; and (i) it is not and will not be at the date of the auction a non-resident of Canada within the meaning and intent of Section 116 of the Income Tax Act (Canada), otherwise, if the Seller is a non-resident, it warrants that the Equipment has never been used in Canada to carry on a business and is being delivered to Canada for the sole purpose of sale at auction. 1. The Seller shall defend, indemnify and save RB Group, its parents, subsidiaries and affiliates, and each of their officers, directors, shareholders, employees and agents, harmless against any and all claims, demands, suits actions, causes of action, damages, costs or charges whatsoever to the extent allowed by law arising from: (a) any breach of the representations, warranties or covenants set out herein; (b) hazardous materials associated with the Equipment or contamination resulting from any leakage, spills, or malfunction of the Equipment; (c) deficiencies in the provision of documents required for the purpose of titling or registering any part of the Equipment by any purchaser thereof; (d) any deficiency in compliance with environmental, health and safety rules or regulations; (e) any negligence, unlawful act, or willful misconduct of the Seller in connection with this Agreement; (f) any infringement of a patent, copyright, trademark, agreement or similar right of any third party caused by the offering for sale, advertising or sale of any part of the Equipment; or (g) for Equipment sold in Europe, any failure to provide valid original CE Certificates for any part of the Equipment. 2. RB Group shall promptly notify the Seller in writing of any threatened or actual claim or demand and reasonably cooperate with the Seller to facilitate the settlement or defense thereof. The Seller shall have sole control of the defense or settlement of any claim or demand, provided that RB Group, at its option and expense, may participate and appear on equal footing with the Seller. The Seller shall not settle any claim or demand without the written consent of the indemnified parties, with such consent not to be unreasonably withheld or delayed. 3. The Seller shall: (a) be responsible for loss or damage to the Equipment, other than loss or damage arising as a result of the negligence of RB Group, its agents or employees, until the earliest of: i. if the Equipment is sold through a Live Auction Event, the removal of the Equipment from the Auction site by the purchaser; ii. if the Equipment is sold through a Marketplace, the removal of the Equipment from Seller's location or other applicable storage location of the Equipment; or ill. regardless of the venue through which the Equipment is sold, receipt by the Seller of all proceeds from the sale of the Equipment; (b) insure the Equipment, with RB Group as additional insured, to its fair market value against all perils so that in the event of damage to, or destruction of, the Equipment or any part thereof, all insurance proceeds shall be credited to the gross proceeds of the sale, regardless of the venue through which the Equipment is sold, and payment made to RB Group forthwith for all deductions permitted by this Agreement; and (c) upon request, provide RB Group with a copy of the insurance certificate, or other documentation evidencing RB as an additional insured, to the satisfaction of RB Group. 4. Notwithstanding any other provision of this Agreement, if the Equipment or any part thereof is sold by RB Group, any deficiency resulting from the lack of the Seller's equity in the Equipment shall be paid to RB Group upon demand. Registration To list Schedule B Equipment through the Marketplace(s) the Seller must first be registered at: www.ironplanet.com/register. :EONFID,ENTIAL ; .,Page 3 of 16 Trademarks In connection with the Seller's use of the Marketplace and/or Live Auction Event, RB Group may use the Sellers name, trademark, logos, service marks and other designations ("Marks") to list the Seller as a reference customer and to advertise, promote and market the Equipment. The Seller hereby grants to RB Group, and represents and warrants that the Seller has a right to grant, a non-exclusive, worldwide license to use, publicly display and perform, reproduce, and distribute the Marks, solely as permitted in this Agreement, including distributing e-mails to potential buyers that incorporate Marks. Entire Agreement; This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and Priority supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties. In the event of a conflict between the provisions of this Agreement and the Terms and Conditions, this Agreement will control. Equipment Details Supplemental Equipment details required for inspection and buyer pickup of Schedule B Equipment will be set out in Schedule B and are confirmed by the Seller. Counterparts This Agreement may be executed in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument. Execution and delivery of this Agreement may be evidenced by facsimile, PDF, electronic signature, or acknowledgement email and will hold the same force and effect as an original signature for purposes of binding the parties. Term The term ("Term") of this Agreement will be a three (3) year period commencing on the Effective Date. This Agreement shall automatically renew for a further one year period at the end of the Term ("Renewal Term") and each successive Renewal Term, unless the Seller or RB Group provides the other with written notice of intent to withdraw thirty (30) days prior to expiry of the Term or applicable Renewal Term. The Seller may request the sale of further equipment during the Term and any applicable Renewal Term by providing RB Group with written notification, including a description of the equipment, the proposed platform and auction date and location (if applicable). RB Group will indicate acceptance by providing the Seller with a schedule in the form of Schedule A or Schedule B, as applicable, for both parties to initial. Exclusivity During the Term, and any applicable Renewal Term, all equipment sold through a third party by the Seller will be consigned and sold exclusively using the service of RB Group. In consideration of this exclusive right, RB Group has given the Seller a preferential commission rate. If during the Term and any applicable Renewal Term, the Seller sells any Equipment through any means other than through RB Group, the Seller agrees to pay RB Groups the fees set forth herein as if the Equipment had been sold through RB Group, If the Seller withdraws from this Agreement, equipment sold shall be subject to RB Group's standard negotiated commission rates. Privacy Information provided in this Agreement shall be retained by RB Group in accordance with its formal Privacy Statement, available at www.rbauction.com. Notice Any notice to RB Group must be in writing and must be sent via email and by registered mail or overnight courier to the applicable contracting entity at the address set out in Schedule F. Notice to the Seller must be in writing and shall be sent to the address provided by the Seller in this Agreement. Notice shall be deemed to have been given upon three (3) business days after posting by registered mail or one (1) day after delivery to an overnight courier. If the Seller changes its address, the Seller is responsible for providing an updated address to RB Group. Currency and Payment All prices noted in this Agreement are listed in the currency of the country in which the Equipment is located at the time such Equipment is offered for sale. The same currency is to be used for invoice and payment. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date, and each represents and warrants to the other that it has validly entered into this Agreement and has the legal power to do so. ' SELLER By: A Name: Vern Lyssy Commissioner Precinct Title: Date: January 25, 2015 RITCHIE BROS. AUCTIONEERS (AMERICA) INC., on behalf of itself and if affiliates set out in Schedule F By: Name: Title: Date: -„ - - - -: ,Page pf 1B; CDNFIDENT A "' SCHEDULE A TO AGREEMENT EQUIPMENT FOR LIVE AUCTION SELLER'S NAME: Sch. No. Name of Lien Holder Account No. Contact Person Phone/Fa)dEmail OWNER CODE Seller RB Group 'CONFIDENTIAL ', .; _. =Page §,of"fi Item Description — Manufacturer, Model, Serial Number, Description Auction Date and Location 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Sch. No. Name of Lien Holder Account No. Contact Person Phone/Fa)dEmail OWNER CODE Seller RB Group 'CONFIDENTIAL ', .; _. =Page §,of"fi SCHEDULE B TO AGREEMENT EQUIPMENT FOR ONLINE MARKETPLACE SALE SELLER'S NAME: Sch. No. Name of Lien Holder Account No. Contact Person Phone/FaxlEmail Seller RB OWNER CODE GRB LEGEND: Item Description— Manufacturer, Model, Serial Number, Description Sale Type Inspection Reserve Price or Buy Now 1. BN = E -Buy Now B = Photos and Basic 2. Functionality FE _ E -Feature Event 3. PO = Photos Only (non -powered units) 4. 5. 6. 7. 8. 9. 10. Sch. No. Name of Lien Holder Account No. Contact Person Phone/FaxlEmail Seller RB OWNER CODE GRB LEGEND: Sale Type: MO = Make Offer Inspection Reqs: FI = Full Inspection BN = E -Buy Now B = Photos and Basic R = E -Reserve Functionality FE _ E -Feature Event PO = Photos Only (non -powered units) CONFIDENTIAL ` �' `P,agG'6, of 1'fi, SCHEDULE C TO AGREEMENT FEE SCHEDULE Listing Fees for Schedule B Equipment Listing Fee Equipment Class Breakdown: Photos Only Inspection: Photos only and IronClad Assurance& Parts, attachments, and equipment that will not be functionally tested or don't have engine/motor. (Ex. Attachments, Parts, Portable Structures, Tools, Lasers & GPS) • Photos & Basic Inspection: Photos and Basic Inspection without IronClad Assurance& Eligible items will be required to meet the following Age or Usage criteria: o Age - Must be 6+ years old; or o Usage - Equipment > 8K hours (1.6K hours/year) o Usage - Vehicles (Light/Med Duty) > 75K miles (15K per year) o Usage - Vehicles (Heavy Duty) > 375K miles (75K per year) • Inspection 235: Full Inspection and IronClad Assurance®. (Ex. Lifts < 50', Balers/ Hay Equipment, Drill Equipment, Concrete Equipment, Landscaping Equipment, Trailers) • Inspection: 340: Full Inspection and IronClad Assurance®. (Ex. Lifts > 50', Compactors > 48", Trailers (Dump, Tanker, Livestock), Trucks (Cargo, Dump, Fuel/Lube, Service, Tractor), Vans) • Inspection 445: Full Inspection and IronClad Assurance®. (Ex. Backhoe Loader, Crawler Loader<7cy, Crawler Tractors < 100hp, Trucks (Boom, Quad/A Dump, Highline, Service w/ Crane, Winch, Underground Mining)) • Inspection 545: Full Inspection and IronClad AssuranceaD. (Ex. Aircraft, Asphalt Equipment, Concrete Equipment (Paver, Trimmer, Spreader), Crawler Loader > 7cy, Crawler Tractors > 100hp, Excavators (Highway Wheeled, Long Reach, Track < 70t, Wheel), Forklifts (Pneumatic tire > 15,OOOIb, Container Handler), Harvesters, Scrapers, trucks (Mixer, Off -Road, Vacuum)) • Inspection 650: Full Inspection and IronClad Assurance& (Ex. Cranes, Crushers, Excavators (front Shovel, Track > 70t), Trucks (Off -Road > 50t), Wheel Dozers > 500hp) • Pricing On Request: Large asset classes, plants, manufacturing equipment, etc. *Additional Items within each asset class. Please contact your RB Group Sales Representative for any questions on equipment types and inspection rates. 'CONF.Iq€�ITI4,L' - `,Page of "!q CgNFJDENTIIAL „ . - - — Pag" of q§ General Fees TERM ' DESCRIPTION' Lien Search Fee None Title Transfer Fee 50.00 Removal Charge for Schedule B Equipment Listing Fee plus 25% of the greatest of (a) the estimated market value; (b) the opening bid or buy now price (as set by RB Group); (c) the Asking Price; or (d) the highest bid submitted on the Equipment to the IronPlanet site. Except, in the event that the Asking Price was met, the Commission Fee of the final selling price as if the Equipment were sold shall be due. Re -inspection Charge for Schedule B 295.00. RB Group reserves the right to determine the exact amount of Equipment the Re -inspection Charge for any Equipment requiring re- inspection in its sole discretion on a case-by-case basis. Buy-back/Shill Bidding Charge 25% of the Equipment Advertisement Closing Price for any involved transaction(s). Post -Closing Delay Charge Charges include, but are not limited to, transportation cancellation or re -scheduling fees, transportation delay fees, hourly or daily average rental cost of equivalent replacement equipment for the Buyer, including loading, unloading and transportation costs. RB Group may assess the Post -Closing Delay Charge at its discretion. Seller Default Charge 25% of the winning Advertisement closing price, plus the Listing Fee and any costs incurred by Buyer and validated by RB Group. Logistics Fee -Repair Estimate 75.00 - flat fee Transport Fee Transport Cost+ 10% Storage Fee Storage Cost + 10% Repossession Fee Repossession Cost+ 10% Refurbishment/Make-Ready Fee Cost +10% Duplicate Title Service 200.00 + gov. fees Manufacturer's Statement of Origin (MSO) & 200.00 + gov. & man. fees Titling Document Service VIN Tag / Manufacturer's Label Service 100.00 + man. fees Title Transfer Service 200.00 + gov. fees Corrected Title Service 200.00 + gov. fees CONF.tdENiIAL ,;page 9;of 1 SCHEDULE D TO AGREEMENT TERMS AND CONDITIONS APPLICABLE TO LIVE AUCTION EVENTS The terms and conditions set out in this Schedule D shall apply to all sales at a Live Auction Event of Schedule A Equipment identified by the Seller on any Schedule A. In this Schedule D, all reference to "Equipment" shall mean reference to Schedule A Equipment. 1. RB Group Obligations and Responsibilities 1.1. Sale Sites and Dates. RB Group shall, as your agent, offer the Equipment for sale at unreserved auction at various locations and on various dates for the period commencing as of the date hereof and ending upon the termination of the Agreement. You shall provide to RB Group a completed Schedule A no later than fifteen (15) days prior to the scheduled auction date. If advertising of specific pieces is requested in the auction brochure, you must provide a completed Schedule A to RB Group at least thirty (30) days before the scheduled auction date. 1.2. Payment. RB Group shall make payment to you within twenty-one (21) days after the Live Auction Event, by cheque unless you specify otherwise in writing, the amount due and owing to you from monies collected from the sale of the Equipment after making all deductions permitted underthis Agreement. 1.3. Administrative Fee. You acknowledge that RB Group may charge purchasers an administrative fee based on the selling price of each lot. 1.4. Other. RB Group shall (a) allow you access to records concerning the sale of the Equipment at the Live Auction Event, excluding the names or contact information of the buyers thereof; and (b) collect and remit state and local sales tax arising upon the sale of the Equipment at the Live Auction Event. 1.5. Lots. RB Group may divide the Equipment into such lots as it may in its absolute discretion deem desirable for a Live Auction Event. RB Group shall not be liable for any loss or damages claimed in respect of the manner in which the Equipment is divided into lots nor in respect of any failure by RB Group to divide the Equipment into lots. 2. SELLER'S OBLIGATIONS AND RESPONSIBILITIES 2.1. Title Documents. Should RB Group be required to purchase titles on your behalf, RB shall be entitled to interest on amounts advanced at a rate of US Bank prime plus 2%. 2.2. Delivery. You shall deliver the Equipment, at your cost, to the auction site no later than fifteen (15) days prior to the scheduled Auction: (a) in good operating condition, free of material defects except as disclosed to RB Group, with adequate fuel and batteries and starting at the key; (b) free of hazardous materials other than normal operating fuels, oils and lubricants; and (c) in compliance with all applicable environmental, health and safety rules and regulations; together with all documents evidencing your title and/or necessary to transfer title to the Equipment, properly endorsed. 2.3. Unreserved Auction Sale. You acknowledge Auctions are unreserved and RB Group shall have no obligation or duty to withdraw the Equipment or any part thereof from the Live Auction Event or to cancel the Live Auction Event. The Equipment shall be sold to the highest bidder on the date of the Live Auction Event. 2.4. No Buybacks. You shall not bid or make an offer, directly or indirectly, nor allow any other person to bid or make an offer on your behalf, by agency or otherwise, on the Equipment or any part thereof in any Sales Event. 3. MUTUAL AGREEMENTS 3.1. Prohibition of Pre -Sale. Neither RB Group nor the you shall sell or offer for sale any part of the Equipment prior to the Live Auction Event without the written permission of the other Party. 3.2. Default by Seller. If: (a) you withdraw or fail to timely deliver the Equipment or any part thereof or any documents required hereunder, or if the Live Auction Event does not occur as a result of the actions or inaction of you, including without limitation the commencement of liquidation or bankruptcy proceedings of any sort by or against you; or (b) you, directly or indirectly, bids or permits another to bid on your behalf or for your benefit, by agency or otherwise, on the Equipment or any part thereof at the Live Auction Event; or (c) your representations and warranties set out in this Agreement are not true, complete and correct in all respects; then: (d) commissions shall be payable to RB Group upon demand, based upon the fair market value of any withdrawn or undelivered parts of the Equipment as if they had been sold; (e) any advances made by RB Group to yo togetheur with accrued interest shall become due and repayable immediately; and (f) you will upon demand, reimburse RB Group for all out-of-pocket expenses incurred in preparation for the Live Auction Event. In the event you are in violation of subparagraph 3.2(b), in addition to any other rights or remedies RB Group may have under this Agreement, RB Group shall, at its sole discretion, have the right to sell or re -sell the Equipment by public or private sale and you shall pay to RB Group as liquidated damages in addition to all other amounts due hereunder, an amount equal to twenty percent (20%) of the proceeds realized from such sale or resale. If, pursuant to this section, the Equipment or any part thereof is not sold at the Live Auction Event, such equipment shall be deemed to have been withdrawn by you and the provisions of subparagraph 3.2(d), (e) and (f) shall apply. 3.3. Creation of Lien. In addition to any other rights or remedies available to RB Group, this Agreement creates a lien and charge upon the Equipment and may be registered under any applicable personal property security legislation as may be CONFIDENTIAL_7,_ 7 77777777777," 10 in effect from time to time and entitles RB Group to seize and retain possession of the Equipment as security for, and to sell the Equipment to recover, all sums owing hereunder. 3.4. Use of Equipment. You authorize RB Group to operate the Equipment for the purpose of demonstrating it at the Live Auction Event, 3.5. Collection of Proceeds. RB Group shall collect the full proceeds from the sale of the Equipment and you assign to RB Group: (a) the amount required to discharge and satisfy all Encumbrances in respect of the Equipment; and (b) all amounts payable to RB Group hereunder, including commission and any advances, together with interest thereon which shall be repayable at the time of the sale. 3.6. RB Group's Right of Set -Off. RB Group may, in its discretion, apply any proceeds from the sale of the Equipment towards any outstanding amounts otherwise due and owing to RB Group in connection with any purchases, deficiencies or services rendered by RB Group. 3.7. Uncollected Proceeds. RB Group may, as it deems necessary in its sole discretion, re -auction any part of the Equipment not sold or paid for at the Live Auction Event, and you acknowledge that no monies shall be payable by RB Group for any part of the Equipment until it has been paid for in full by the purchaser thereof. 3.8. Other Consignments. Equipment belonging to other owners may be sold at the Live Auction Event. 3.9. Internet Bidding and Timed Auction Lot System. RB Group may in its sole discretion offer certain lots for sale, in conjunction with its unreserved auction, to registered bidders using its proprietary online bidding service or using its silent "timed auction lot" system. RB Group shall use its best effort to ensure that such technologies and systems are available at all auctions for which they have been advertised, however at any given sale: (a) only those lots which RB Group deems appropriate shall be offered using such technologies and systems, and (b) certain circumstances concerning the Internet and the technology in use are beyond RB Group's control, and such systems may not be available at any given time or auction. You agree that RB Group shall be held harmless from any and all claims, demands, suits, actions, causes of action, damages, costs or charges arising from (1) the failure of the internet, servers or other computer or communications components and systems, regardless of whether such failure is caused by the negligence of RB Group, (2) RB Group's decision whether or not to use such technologies or systems, or (3) its failure to offer such systems at any time. 3.10. Governing Law, Jurisdiction and Waiver of Jury Trial. This Agreement is subject to and governed by: (a) in the case of auctions conducted in United States of America: the laws of the State of Washington. Any legal action brought by you arising from or relating to this Agreement shall be litigated exclusively in the state or federal courts of King County, Washington, and the parties irrevocably attorn to the exclusive jurisdiction of such courts for the resolution of such disputes. Any legal action brought by RB Group arising from or relating to this Agreement shall be litigated exclusively in the state or federal courts of King County, Washington, or any jurisdiction in which you maintain a place of business, assets or an agent for the service of process, and the parties irrevocably attorn to the exclusive jurisdiction of such courts for the resolution of such disputes. The parties irrevocably waive the right to demand a trial by jury in any dispute arising from or relating to this Agreement. (b) in the case of auctions conducted in Canada: the laws of the Province of British Columbia. Any legal action brought by you arising from or relating to this Agreement shall be litigated exclusively in a court of competent jurisdiction in New Westminster, British Columbia, and the parties irrevocably attorn to the exclusive jurisdiction of such courts for the resolution of such disputes. Any legal action brought by RB Group arising from or relating to this Agreement shall be litigated exclusively in a court of competent jurisdiction in New Westminster, British Columbia, or any jurisdiction in which you maintain a place of business, assets or an agent for the service of process, and the parties irrevocably attorn to the exclusive jurisdiction of such courts for the resolution of such disputes. Page:.of.ifi, CONFICIENTIAL : ll SCHEDULE E TO AGREEMENT TERMS AND CONDITIONS APPLICABLE TO ONLINE MARKETPLACE SALES The terms and conditions set out in this Schedule E shall apply to all sales through a Marketplace of Schedule B Equipment identified by the Seller on any Schedule B. In this Schedule E, all reference to "Equipment" shall mean reference to Schedule B Equipment. 1. RB GROUP'S SERVICES 1.1. Services of RB Group. Under the terms of this Agreement, RB Group offers you the use of the applicable Marketplace, which functions as a platform on which you can list and advertise Equipment for sale to potential buyers ("Buyers"), Each party is acting on its own behalf, and RB Group is not a party to the subsequent purchase contract for Equipment that is entered into between you and the Buyer. Nor does RB Group represent either party in the conclusion of such purchase contract. In consideration of your use of the Marketplace for the listing and advertising of Equipment for sale (the "Equipment"), fees as listed in Schedule C are payable by you. 1.2. Commitment to Sell. By entering into this Agreement for use of the Marketplace, you hereby extend an irrevocable offer to sell the Equipment, as applicable, (a) to a Buyer who is the highest bidder and who meets or exceeds the opening bid, the Reserve Price, or Asking Price, as applicable (b) to a Buyer who commits to purchase Equipment at the Buy Now Price; or (c) to a Buyer who commits to purchase Equipment at the Negotiated Price. 1.3. Opening Bid and Scheduling. For Feature Events, RB Group will set the opening bid for the Equipment and schedule the listing opening times. For Feature Events, RB Group will schedule the listing opening times. For Buy Now Equipment listings, RB Group will set the buy now prices ("Buy Now Price") and schedule the listing opening times. For Make Offer listings, RB Group will set the opening bid for the Equipment and schedule the listing opening times; you will have the option of setting an asking price, not to exceed 120% of estimated market value as determined by RB Group ("Asking Price"). You may lower the Asking Price during a listing period, but you may not add an Asking Price after the opening time. If you have selected to list the Equipment by Reserve, you will have the option of setting a reserve price, not to exceed 120% of estimated market value as determined by RB Group ("Reserve Price"). RB Group will determine the period of time that the Reserve listing is published to the website and is available for Buyers to submit bids (the "Reserve Period"). If, at the end of the Reserve Period, the Reserve Price has been met, the highest bid received from a Buyer will be automatically accepted. if the Reserve Price is not met during the Reserve Period, RB Group may elect to re -list the Equipment. All Buy Now and Make Offer listings will be scheduled to run for up to ninety (90) consecutive days, at the discretion of RB Group. The listing period may be extended at RB Group's sole discretion. In the event the Equipment remains unsold, whether on a Buy Now, Make Offer or Reserve listing, after ninety (90) days, (a) the Equipment must be re -inspected and will incur a Re -Inspection Fee and you agree to reduce the Asking Price by 20% to continue the listing; or (b) you may elect, without penalty, to remove the listing. 1.4. Additional Options. For Make Offer listings and Reserve listings where the Reserve Price is not met, you have the option to (a) accept bids lower than the Asking Price or Reserve Price, as applicable; (b) counter bids lower than the Asking Price or Reserve Price, as applicable, with a higher offer ("Counter Offer"); or (c) reject bids lower than the Asking Price or Reserve Price, as applicable, at any time during a listing. Counter Offers are valid for up to two (2) business days. However, only one (1) Counter Offer can be valid at any time; the last Counter Offer you issue supersedes and invalidates any previous Counter Offers. Upon acceptance of the Counter Offer by the Buyer, the listing is closed and you are legally bound to complete the transaction. 1.5. Conclusion of Purchase Contract; Bill of Sale. After the winning bid for a piece of Equipment has been established by RB Group or the Buyer. has committed to purchase the Equipment at the Buy Now Price or the Asking Price, the bid or purchase commitment of Buyer will be automatically accepted by you and a purchase contract between you and Buyer is automatically concluded ("Purchase Contract"). All applicable terms and conditions of this Agreement shall apply to the Purchase Contract. Further, for Make Offer listings, you may accept or counter an offer below the Asking Price. In the event that you accept an offer or the Buyer accepts your Counter Offer (the "Negotiated Price"), the Purchase Contract is concluded and all terms herein shall apply. Buyer and Seller will be notified of the conclusion of the Purchase Contract by an email or other notification that is generated automatically by the Marketplace. Subject to your receipt of payment for the Equipment, you, at your own expense, shall deliver a bill of sale and such other documentation as may be reasonably necessary to transfer title to the Equipment to Buyer. Unless otherwise agreed, the Equipment listing will only show your "RB Group Seller ID", but not your formal identity, business name and/or address details. This information will only be provided to Buyer at the conclusion of the Purchase Contract. 1.6. No Guarantee on Proceeds; No Shill Bidding. There is no guarantee as to the gross proceeds that may be realized from a listing on the Marketplace. You may not manipulate the bidding in any way, including bidding on your own Equipment, to artificially raise the final sales price. In the event of price manipulation, RB Group will (a) ban you from future use of the RB Group Marketplace, (b) cancel any involved transaction(s), and (c) charge you a Shill Bidding Fee. 1.7. Equipment Availability. Subject to RB Group's receipt of full payment and Buyer's completion of any additional, required documents, you and the Buyer will be notified that the Equipment is available for pick-up via an email that is generated automatically by the Marketplace ("Item Release"). You agree to have the Equipment available for transportation, complete with ignition key, to the Buyer no laterthan one (1) business day after conclusion of the Purchase Contract. If the Equipment is not available, you will be subject to pay a Post -Closing Delay Fee. Further, if you fail for any reason to release the Equipment to the Buyer after a Purchase Contract is concluded, you will be subject to a Seller Default Fee in addition to any other rights or remedies that RB Group or Buyer may have. 1.8. Specific Performance. In addition to any other remedies that may exist, if you cancel a listing within two (2) weeks prior to the listing Opening Time or if you fail to have the Equipment available for transportation no later than one (1) business day following the conclusion of the Purchase Contract with Buyer, you hereby acknowledge and agree that (a) the damages to RB Group's business reputation, brand and customers are significant and irreparable, (b) an adequate remedy • B at law for such breach is inadequate, and (c) RB Group may seek enforcement of this Agreement by means of specific performance or injunction, without any requirement to post a bond or other security. 1.9. Delivery. For Equipment to be stored at RB Group locations, you, at your expense, shall deliver the Equipment and all related titles, certifications or other documents relating to ownership to RB Group at the storage site at the time of delivery. For sales of Equipment through any listing format on the Marketplace, the Equipment shall be in compliance with all Federal and State regulations regarding emissions, safety or any other regulations as required by law. Titled items must have a legible VIN or other I.D. as required by law. You will disclose to RB Group any and all modifications or omissions to the aforementioned Federal and State regulations including whether the item has been salvaged, reconstructed, glidered or damaged in a flood. 2. EQUIPMENT LISTINGS. You may not list goods that are illegal to use or possess under any applicable law, rule or regulation. RB Group reserves the right, in its sole discretion, to (a) refuse to list any piece of Equipment at any time; (b) withdraw any Equipment listing from the Marketplace; (c) review and verify a listing's information and description; or (d) cancel any transaction that it deems to be suspicious or fraudulent and report it to applicable authorities. The information you provide during the Equipment listing process, combined with the Inspection Report, constitute the listing details forthe Equipment (the "Listing Details"). You agree to fully, completely and accurately disclose to RB Group all information relating to the Equipment of which you are aware. Any information (including brand name or other indication of origin or manufacture) that you provide related to the Equipment must be complete and accurate, and you shall be responsible for any inaccuracies, errors or omissions. Equipment listings on the Marketplace may not include links to or a description of other items that you may have for sale outside of the Marketplace. 3. INSPECTIONS; RESTRICTIONS ON USE 3.1. Equipment Inspections. For all requested inspections, you agree to permit RB Group and/or its authorized representatives to test and inspect each piece of Equipment at a time and place specified in the listing agreement or as otherwise mutually agreed. RB Group shall produce an inspection report ("Inspection Report") for each piece of Equipment inspected by RB Group. RB Group inspections are solely for the purpose of reporting on the visible condition of the Equipment's major systems and attachments. RB Group inspections are NOT intended to detect latent or hidden defects or conditions that could only be found in connection with the physical dismantling of the Equipment or the use of diagnostic equipment or techniques. Your failure to properly maintain the Equipment from the date of inspection until its removal from your location by Buyer will void the inspection. If you alter or perform repairs or other maintenance to the Equipment after the inspection, another inspection will be required, and you will be subject to a Re -inspection Fee. 3.2. Ownership of Inspection Report. The Inspection Report is the sole and exclusive property of RB Group. Except as expressly stated, nothing in this Agreement shall be deemed to grant to any other party, by implication, estoppel or otherwise, license rights, ownership rights or any other intellectual property rights in the Inspection Report. You cannot use the Inspection Report for any other purpose without the prior written approval from RB Group. 3.3. Restrictions on Use of Equipment. From the time you provide Listing Details to the RB Group Marketplace or an inspection is performed by RB Group until the Equipment is removed from its location by or on behalf of Buyer following conclusion of a Purchase Contract, you may not operate, lease, rent, modify or alter the Equipment. In addition to any other rights and remedies that RB Group may have, a breach of this provision prior to the conclusion of a Purchase Contract for the Equipment may result in either of the following: (a) RB Group may remove the Equipment from the Marketplace and charge you a Removal Charge; or (b) RB Group may continue with the listing in which case if the Equipment was inspected previously by RB Group, you must have the Equipment re -inspected and pay RB Group a Re -Inspection Fee. If the Equipment was not inspected, you must supply updated Listing Details to RB Group and pay RB Group an additional Listing Fee. In the event of a breach of this provision is determined by RB Group in its reasonable discretion and the Equipment has been sold by a Purchase Contract, the transaction is subject to cancellation and you will be charged a Seller Default Charge in addition to reimbursement of transportation and other costs incurred by Buyer. 4. LIENS 4.1. Disclosure of Liens. You are responsible for making full disclosure to potential Buyers of all Encumbrances and third party interests that may exist on or pertain to your Equipment. You will at your own cost and expense warrant and defend title to the Equipment on behalf of the Buyer, its successors and assigns, against the claims and demands of all persons. If your net proceeds from the sale of Equipment listed on the Marketplace are insufficient to discharge creditor claims on the Equipment, you are fully responsible for paying the outstanding debt balance immediately upon demand by RB Group. 4.2. Government Liens. If any government body, including but not limited to tax administrations, the U.S. Small Business Administration or any other governmental entity, holds a lien or encumbrance on the Equipment, then you shall be responsible for the payment of any independent equipment appraisals and documentation fees required to release such liens. You acknowledge and agree, and hereby authorize, that RB Group may, in its discretion, pay for such appraisals and documentation fees and deduct the amount from the proceeds due to you. If the net proceeds due to you are insufficient to pay the fees, you agree to promptly pay RB Group upon receipt of an invoice for the fees. 5. FEES AND PAYMENT 5.1. Fees. The commissions and fees payable to RB Group in consideration for using the Marketplace to list and advertise Equipment for sale are set forth in the listing agreement. RB Group's standard Fee Schedule is detailed in Schedule C. Seller may request any of the services outlined in Schedule C in association with the sale of Equipment and agrees to pay all fees due for services completed. The cost of the services will be deducted from amounts otherwise due to Seller when available. Otherwise, service fees will be invoiced directly to Seller. 5.2. Payment of Proceeds. After the Purchase Contract is concluded between you and Buyer, RB Group will generate a third party invoice that is issued to Buyer on your behalf. Buyer is responsible for paying you the purchase price for the Equipment upon conclusion of a Purchase Contract, and you hereby instruct RB Group to facilitate receipt of the purchase price. Further, you hereby grant RB Group the right, in its own name, to enforce your right to payment. You agree that no monies shall be payable to you until paid by the Buyer. Once received by RB Group, any monies due to you, net of any commissions and fees due RB Group as detailed in this Agreement, shall be disbursed within fifteen (15) business days after conclusion of the Purchase Contract. You hereby consent to RB Group's right to offset any other commissions and UN,EJL fees specified in this Agreement or that result from additional services requested by you, with any remainder to be paid within fifteen (15) days following receipt of an invoice. You acknowledge that Buyers may fail to perform or pay on a timely basis and that RB Group shall not have any liability to you for any act or omission of Buyers. 5.3. Right of Set -Off. RB Group may, in its discretion, apply any proceeds from the sale of the Equipment towards any outstanding amounts otherwise due and owing to RB Group in connection with any purchases, deficiencies or services rendered by RB Group. 5.4. Taxes. You shall be responsible for the payment of any tax or duty that is your responsibility as a seller of the Equipment. 6. YOUR OPTIONS AFTER BUYER DEFAULT. If the Buyer fails to pay in accordance with the Purchase Contract, the Buyer is considered to be in default. In the event of a Buyer default, you may at your own risk and account rescind the Purchase Contract with Buyer after which you may elect any one of the following options: 6.1. Offer Equipment to Second Highest Bidder. If there was more than one bidder for the defaulted Equipment, you may elect to offer the Equipment to the second highest bidder. If the second highest bidder accepts, a Purchase Contract for the Equipment will be concluded by the Marketplace, and you will receive proceeds based on that second bidder's highest bid, less any applicable commissions and fees payable to RB Group; 6.2. Re -list the Equipment. You may elect to relist the Equipment in a subsequent online listing within thirty (30) days of the Buyer default without incurring an additional Listing Fee. In such case, all other terms and conditions continue to apply; or 6.3. Withdraw the Equipment. You may elect, without penalty, to withdraw the Equipment from listing on the Marketplace. 7. DISCLAIMER; LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE PROVIDED BY OR THROUGH RB GROUP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON -INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RB GROUP BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING LOSS OF REVENUE, PROFITS, OR BUSINESS, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF RB GROUP OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. LEGAL DISPUTES 8.1. Governing Law; Jurisdiction and Venue. For disputes between you and IronPlanet, Inc., this Agreement shall be governed by the laws of the State of Washington. For disputes between you and IronPlanet Canada Ltd., this Agreement shall be governed by the laws of the Province of British Columbia. In all cases, this Agreement shall be governed by the laws of the jurisdiction noted above without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and, if you are located in the United States, the Uniform Computer Information Transactions Act, do not apply. Any action against IronPlanet arising from or relating to this Agreement or any sale or consignment hereunder shall be commenced in the following courts and you irrevocably consent to the exclusive jurisdiction of such courts, as follows: (a) a state or federal court in King County, Washington if IronPlanet, Inc. is the party, and (b) a Provincial or Supreme Court in New Westminster, British Columbia if IronPlanet Canada Ltd. is the party. 8.2. English Controlling Language. All performance under this Agreement and the resolution of disputes shall be conducted in the English language. If a translation of this Agreement into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy between the English version and any translation. If this Agreement is provided to you in a language other than English, RB Group does so solely for your convenience. 8.3. Limitation Period. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE DISPUTE AROSE, AND IF NOT COMMENCED TIMELY SHALL BE PERMANENTLY BARRED. 8.4. Improperly Filed Legal Disputes. Any claims that are filed or brought contrary to this Agreement shall be improperly filed and of no force and effect. 9. TERMINATION, RESCISSION AND DEFAULT. RB Group shall have the right, in its sole discretion, to terminate this Agreement in whole or in part if (a) there are Encumbrances on or to any Equipment in addition to those that are listed in the listing agreement, (b) your net proceeds are insufficient to discharge creditor claims and pay RB Group's fees after title is cleared, (c) your lien holders are unwilling to release liens and/or allow Equipment to be listed for sale, (d) you are in breach of the Agreement, (e) you have provided inaccurate, fraudulent, outdated or incomplete information during the registration or listing process or thereafter, (f) you have violated applicable laws, regulations or third party rights, (g) RB Group believes in good faith that such action is reasonably necessary to protect the safety or property of other customers, RB Group personnel or third parties, or (h) termination is required for fraud prevention, risk assessment, security or investigation purposes. In the event of such termination, in addition to any other remedies available to RB Group, you shall pay RB Group (a) 25% of the estimated market value of Equipment, (b) the Listing Fee and (c) any costs incurred by RB Group. 10. GENERAL. This Agreement contains the entire agreement of the parties and supersedes all previous communications, representations, understandings and agreements, either oral or written, between us. In the event of a conflict between the Seller Terms and the listing agreement, the listing agreement shall control. This Agreement supersedes and replaces the terms in any Seller purchase order or other ordering document, and such documents shall be of no force or effect. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be struck out and the remaining provisions shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. No partnership, joint venture, franchisor -franchisee, or agency relationship is intended or created by this Agreement. You may not assign or transfer this Agreement or your obligations hereunder in whole or in part, whether by operation of law or otherwise, without RB Group's prior written consent. In the event of a permitted transfer, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. To the extent any novation is required for RB Group to assign this Agreement, you hereby appoint the officers of RB Group as your attorney-in-fact to execute all documents necessary to effect such novation. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, limitations on liability, and payment obligations for fees incurred prior to the termination date shall survive any termination of this Agreement. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, market shortage of materials, fire, earthquake, flood or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable. CONFIDEkSTIAL. ' � .- Pag e 1,5 of SCHEDULE F TO AGREEMENT CONTRACTING PARTY Location of Equipment RB Group Contracting Entity Notice Address at Time of Sale Canada Live Auction Event Ritchie Bros. Auctioneers (Canada) Ltd. 9500 Glenlyon Parkway Attn: Legaall Burnaby V5J OC6 Marketplaces c/o IronPlanet, Inc. IronPlanet Canada Ltd. - 3825 Hopyard Road, Suite 250 Pleasanton, CA 94588, USA Attn: General Counsel custo merca re@i ronpl a n et. com United States Live Auction Event Ritchie Bros. Auctioneers (America) Inc 4000 Pine Lake Road Lincoln, NE USA 68516 Attn: Legal Counsel Marketplaces IronPlanet, Inc. 3825 Hopyard Road, Suite 250 Pleasanton, CA 94588, USA Attn: General Counsel customercare@ironplanet.com @ONPIRENTIAL ;Page,169f 1Fi� CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2018-303964 Date Filed: 0111912018 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Ritchie Bros. Auctioneers Lake Went), TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Auction Services Auction Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION 6� �I ,..,, n My name is �// C % �/- ' %'C%/% �f2`"/�� ,and my date of birth is My address is ems' 3 6 � / �i?+°'�l�i�JZOi9y i� . -J /\ . (street) (city) (state) (zip code) (country) I declare under pen%alt�y, of perjury that the foregoing is true and correct. Executed in l✓y' //i county, State of aA> , on the dIQ ay of/ ° .20 (month) (year) Signature o(authorized agent ofting business entity eclerant) CT Forms provided by Texas Ethics Commission. www,ethics.state.tx.us Version V1.0.3337 Forms provided by Texas Ethics Commission www.etmcs.state.tx.us vciawu v CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-303964 Ritchie Bros. Auctioneers Lake Worth, TX United States Date Filed: 01/19/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County Date Acknowledged: 02/05/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Auction Services Auction Services Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the _day of , 20_ (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.etmcs.state.tx.us vciawu v I Calhoun County Commissioners' Court — January 25, 2018 14. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 14) To enter into the Official Court Records the 2017 Continuing Education Certificate for Calhoun County Clerk Anna Goodman. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: Clyde Syma, Commissioner Pet 3 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 12 of 33 c d v a` v CL w c c Y T E E (0 F- Calhoun County Commissioners' Court — January 25, 2018 15. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 15) On Amendment in the amount of $2,500.00 to Tyler Technologies, Inc. Contract dated September 12, 2016 for SessionSync Setup & Configuration and authorize County Judge to sign. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 13 of 33 ANNA M. GOODMAN COUNTY CLERK 211 S. ANN STREET STE 102, PORT LAVACA, TX 77979 (361)553-4411 January 19, 2018 Hon. Mike Pfeifer Calhoun County Judge Calhoun County Commissioners' Court RE: Agenda Item for Commissioners' Court — January 25, 2018 We would like to place the following item on the agenda: • Allow the Honorable Mike Pfeifer to sign the "Amendment" from Tyler Technologies for the addition of the SessionSync Set-up and Configuration. There is a one-time set up fee of $2,500.00 for this and no annual fee. This will allow all users to sync the Odyssey calendars with Outlook calendars and other devices. Respectfully, c4lt74 1/ �i U�� 1Yfll K Anna M Goodman Calhoun County Clerk IJ;\Agoodman\AGENDA ITEMS\Agenda Item.011910.Odyssey Sessionsync.Doc Page 1 0 ®.®� 0 technoloples AMENDMENT This amendment ("Aumendaient") is made by and between Tyler Technologies, Inc., a Delaware corporation ("Tyler") and Calhoun County, Texas (the "Client'), and shall be effective as of the date of the last signature below (`Amendment Effective Date"). WHEREAS, Client and Tyler are parties to that certain Software as a Service and Professional Services Agreement effective September 12, 201 G (the "Agreement'); and WHEREAS, Tyler and Client desire to amend the Agreement to add additional software, hardware, and services as further detailed in the attached Amendment Exhibit "A". NOW THEREFORE, in consideration of the foregoing, the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Tyler and Client agree as follows: 1. The services detailed in the Amendment Investment Summary attached hereto as Amendment Exhibit "A" are hereby added to Schedule 1 "Investment Summary" of the Agreement as of the Amendment Effective Date. 2. Client shall pay Tyler the one-time setup fee for SessionSync detailed in the Amendment Investment Summary on the Amendment Effective Date and in accordance with the terms of the Agreement. 3. This Amendment shall be governed and construed in accordance with the terms of the Agreement. 4. All terms and conditions of the Agreement not herein amended remain in full force and effect. Except as defined herein or otherwise required by the context herein, all defined terms used in this Amendment have the meaning ascribed to such terms as forth in the Agreement. [Remainder intentionally left blank, signature page to folloip] Page 1 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by a duly authorized representative to be effective as of Amendment Effective Date. TYLER TECHNOLOGIES, INC.: By: Name: Title: Date: CALHOUN COUNTY, TEXAS: By: vd, Name: Michael J. Pfeifer Title: Calhoun County Judge It � Pago 2 of AMENDMENT EXHIBIT "A" Amendment Investment Summary DESCRIPTION OF SERVICES I T&MAMOUNT SessionSync Setup & Configuration Page 3 of 3 $2,500.00 TOTAL CONTRACTAMOUNT $2,500.00 BRIEF DESCRIPTION: Odyssey SessionSync is a productivity tool that integrates the court calendar from Odyssey with your external email application or mobile device, giving you a comprehensive view of your appointments and hearings via your personal calendar. KEY BENEFITS: • Sync your court calendar with your other appointments in your personal calendar software, without having to manually enter them • Access your court calendar from your phone, a web browser or at home; wherever you have access to your personal calendar, you can also have access to your court calendar • Stay current on court calendar activities while away from the office, or when you do not have access to Odyssey Case Manager or printed calendars FEATURES / DETAILED Odyssey SessionSync provides you and your staff a comprehensive view of your personal DESCRIPTION: calendar and your court proceedings without having to manually enter the court information on your external calendar system. Just like the powerful SmartPhone, PDA and Fhone synchronization that most current calendar software applications provide, this new feature can bring the court calendar to you, wherever you may be. Work independent of a printed calendar or a court computer with access to Odyssey Case Manager to view your court schedule. The functionality of SessionSync allows you (either the Judicial Officer or their staff, or both) to select whether you want all sessions or only a select few to be updated. Once enabled, a service watches your selected sessions in Odyssey and automatically publishes information as new hearings are scheduled or existing hearings are rescheduled. SessionSync creates an appointment for each Odyssey session in your external calendar application, which is continuously updated as changes are made in Odyssey. The data is published in an industry - standard iCalendar format, which most current calendaring applications and mobile devices understand how to import. Configure your calendaring applications and mobile devices to update automatically on a near real-time basis. The name of the appointment on your external calendar is the same name as the session on the Odyssey calendar. You can decide whether you want summary or detailed hearing information in the body of the appointment for each session type. If only summary information is desired, then the body of the appointment contains a simple capacity count NOTES: (e.g. a "Motions" session might only need to indicate "5 of 10" hearings scheduled). If detailed hearing information is desired, select from a list of data fields you want included for each case in the body of the appointment (e.g. a "Jury Trial" session might be configured to show "Case Number", "Style" and "Defendant' for each case in the session). Unlike interactively scheduled appointments, you do not have to "accept' the appointments that this service adds to your personal calendar. It just happens automatically. PRODUCT CENTER(S): Odyssey Case Manager RELEASE AVAILABLE: R2009SP1 PREREQUISITES: Case Manager Calhoun County Commissioners' Court —January 25, 2018 16. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 16) On matter of determining Court meeting dates to conform with AG Opinion KP -0160 and pass Amended Order Setting Day of Week, Location and Alternate Location of Regular Term for Commissioners' Court for 2018 Calendar Year. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 14 of 33 01/18/2018 10:01 CALHOUN CO AUDITREAS ftX)3615534614 P.0021009 0 /<11 KEN PART )N ATTO ORY GBNSRAL OF TEXAS August 8, 2017 The Honorable David P. Weeks Opinion No. KP -0160 Walker County Criminal District Attorney 1036 11th Street Re: Whether a commissioners court may Huntsville, Texas 77340 enter an order authorizing the treasurer to pay certain types of claims and bills prior to presenting the actual claims or bills to the commissioners court (RQ -0150 -KP) Dear Mr. Weeks: You ask on behalf of the treasurer and the auditor of Walker County whether a commissioners court may enter an order authorizing the treasurer to pay certain types of claims and bills prior to.presenting the actual claims or bills to the commissioners court.' You state that the county's biweekly payroll schedule does not always coincide with the commissioners court's regular meetings, held the second and fourth Mondays of each month, such that the commissioners court may timely approve payroll at a regular meeting. Request Letter at 1-2. You also tell us the county auditor proposed an order to provide for expedited payment to timely meet• payroll, ensure continuity of service, and avoid late fees for credit cards. Id. at 1. The proposed order recites that a prior order of the commissioners court waived the requirement that all claims be approved in open court.. Id. at Exhibit "A." Under the proposed order, the commissioners court would provide blanket approval for the following items before they accrue: • Payroll, related employee deductions and benefits and payroll taxes • Debt Service Payments , • Payments to the State and Federal Government and their agencies • Orders of District Courts and County Court at Law • Grant related payments to meet grant timing deadlines • UtiIity and telecommunications services to assure continuation of service • Fuel cards to assure continuation of service • Credit card bills that are paid by drafts initiated by the Credit Card Company Id Such claims could be paid "after the invoice/claim has been presented with appropriate documentation and authorizations by department heads and elected officials and following 'Letter from Honorable David P. Weeks, Walker Cty. Crim. Dist. Att'y, to Honorable Ken Paxtoq, Tex. Att'y Gen. at t (Feb. 21, 2017), https://www,texasattorneygentral.gov/opinion/requests-for-opinion-rqs ("Request Letter"). 01/18/2018 10:01 CALHOUN CO AUDITREAS (FAX)3615534614 P.0041009 The Honorable David P. Weeks - Page 2 (KP -0160) approval thru the audit process," Id. Thereafter, the treasurer would present the commissioners court with a report of the bills paid. Id. The treasurer and auditor stated that without the proposed order, they will ask the commissioners court for twenty-five special sessions throughout the year to be held on Wednesdays rather than on Mondays. Id, at 2. You ask whether the proposed order complies with the treasurer's duties under section 113.041 of the Local Government Code and the commissioners court's duties under sections 115.021 and 115.022. Id. The Local Government Code specifies the method to approve claims against the county and to disburse county funds to pay the claims. Under section 113.041(a) of the Local Government Code, the county treasurer must disburse county funds "as required by law and as the commissioners court may require or direct." TEX. Loc. GOVT CODE § 113.041(a). The treasurer may not disburse county money without an order of an authorized officer. Id. § 113.041(c). Under the Local Government Code, the treasurer has no authority to approve claims and may not pay claims without commissioners court approval. See Tex. Att'y Gen. Op. No. H-171 (1973) at 4-5. Section 115.021 requires the commissioners court to "audit and settle all accounts against the county and shall direct the payment of those accounts." TEX. Loc. GOV'T Cope § 115.021. Further, the commissioners court must examine county financial accounts and reports, compare them with accompanying vouchers, and correct the accounts and reports as appropriate. Id. § 115.022(a). These statutes impose a duty on the commissioners court to examine and approve or disapprove claims against the county. Id. §§ 115.001–.022; see also .Navarro Cty. V. Tullos, 237 S.W. 982, 987 (Tex. Civ. App. --Dallas 1922, writ ref d), County funds may not be expended without the commissioners court's approval. Smith v. McCoy, 533 S.W.2d 457, 459 (Tex. Civ. App.—Dallas 1976, writ dism'd). A commissioners court transacts a county's business as its principal governing body and is a "governmental body" subject to the Open Meetings Act. TEX. GOV'T CODE § 551.001(3)(B); Comm'rs Court v. Agan, 940 S.W.2d 77,79 (Tex, 1997). Generally, all of its meetings to discuss public business or take formal action must be open to the public. TEX- GOVT CODE §§ 551,001(4)(A), .002. Thus, a prior opinion of this office concluded that under the Open Meetings Act, "a claim, invoice, or bill must be approved by a commissioners court at a meeting held pursuant to the Act." Tex. Att'y Gen. Op. No. JC -0307 (2000) at 1; see also Swaim v. Montgomery, 154 S.W.2d 695, 696-97 (Tex. Civ. App.—Amarillo 1941, writ ref d) (stating that commissioners do not act individually; rather, " (t]hey meet as a court and transact the county business in open session"). The commissioners court lacks the authority to "waive" its duty to order payment of claims only in an open meeting. See id.; see also Acker v. Tex. Water Comm'n, 790 S.W.2d 299, 300 (Tex. 1990) (requiring "exact and literal compliance with the terms" of the Act); Tex. Att'y Gen. Op. No. GA -0412 (2006) at 2 (stating that a governmental body may issue an order concerning meetings only if they "are consistent with the Texas Open Meetings Act and other laws applicable to the governing body"). Thus, the pertinent issue is whether the commissioners court may approve claims before they accrue, to be paid as the claims are presented with "appropriate documentation and authorizations" and approved through the county audit process. Request Letter at Exhibit "A." The proposed order does not expressly address who determines whether a particular claim satisfies requirements to qualify for payment, implicitly leaving the decision to the treasurer or the auditor. 01118/2018 10:01 CALHOUN CO AUDITREAS The Honorable David P. Weeks - Page 3 (KP -0160) (TAX)3615534614 P.0031009 See id. Thus, such an order would not constitute the examination and approval the commissioners court must undertake under the Local Government Code; rather, the order would delegate the commissioners court's oversight responsibilities to the treasurer and the auditor. A commissioners court may not delegate its powers requiring the exercise of judgment and discretion absent a statute expressly authorizing it to do so. See Guerra v. Rodriguez, 239 S.W.2d 915, 920 (Tex. Civ. App.— San Antonio 1951, no writ); see also Tex. Atfy Gen. Op. Nos. KP -0052 (20 15) at 2 1.2 (determining that a commissioners court may not delegate its budget authority), JC -0370 (2001) at 3 (determining that a "commissioners court has a nondelegable duty to review county payrolls and to issue warrants").Z Accordingly, a commissioners court cannot delegate to the county treasurer or the auditor the commissioners court's duty and authority to approve payment of county claims and payroll. See Smith, 533 S.W.2d at 459 (commissioners court's duties to examine and direct payment of claims are nondelegable duties); Tex. Att'y Gen. Op. Nos. JM -192 (1984) at 5 (determining that payment of salaries to county employees requires commissioner court approval); H-977 (1977) at 6 (determining that county commissioners court cannot delegate its authority to audit and settle claims against the county); 0-5049 (1943) ht 2-3 (determining that commissioners court may not in a standing order authorize the county auditor to pay officers and employee salaries and utility bills). Thus, the proposed order authorizing the treasurer to pay certain types of claims and bills prior to presenting the actual claims or bills to the commissioners court does not comply with the commissioners court's duties under sections 115.021 and 115.022 of the Local Government .Code. Finally, you ask whether the commissioners court "may approve payment of the claims and bills described in the proposed order in a special session held on a day other than when the Court usually meets for its regular session." Request Letter at 2. You advance no reason why the commissioners court's authority to approve a claim or other disbursal is any less for a meeting called for a day other than the commissioners court's regular meeting day. Section 81.005 of the Local Government Code requires commissioners courts to "designate a day of the week on which the court shall convene in a regular term each month," but the section also authorizes special meetings. Tex. LOC. GOVT CODE § 81.005(a), (g). The treasurer must make a financial report, exhibit the treasurer's books and records, and submit vouchers for audit and approval "[alt least once a month at a regular term of the commissioners court," implying that claims may be presented for approval more often. Id. § 114.026. Provided it complies with any statute applicable to the particular subject matter, a commissioners court may review and direct payment of payroll and claims at a meeting called for a day other than the commissioners court's regular meeting day.3 2For counties with a population greater than 190,000, the Local Government Code authorizes county officers to issue warrants against the salary fund of the county to pay salaries and draw checks on the county treasurer to pay salaries. TEX. Loc, GOVT CODE §§ 113.047, 154.043. You inform us that Walker County's population is approximately 67,86 1. Request Letter at I. 3 While the auditor and the treasurer assert that more commissioners court meetings aro needed to meet various payment deadlines, it may be possible to adjust the county's payroll and other payment schedules to more closely conform to the commissioners court's regular meeting schedule. 01118/2018 10:01 CALHOUN CO AUDITREAS (FAX)3615534614 P.0051009 The Honorable David P. Weeks -Page 4 (KP -0160) SUMMARY Under sections 113.041, 115.021, and 115.022 of the Local Government Code, the commissioners court must approve claims, and the treasurer and auditor do not have the authority to pay claims without the commissioners court's approval. A commissioners court cannot delegate to the county treasurer the commissioners court's duty and authority to approve payment of county claims. Provided it complies with any statute applicable to the particular subject matter, a commissioners court may review and direct payment of payroll and claims at a meeting called for a day other than the commissioners court's regular meeting day. Very truly yours, /e,r,t- e;�Olvv� KEN PAXTON Attorney General of Texas JEFFREY C. MATEER First Assistant Attorney General BRANTLEYSTARR Deputy First Assistant Attorney General VIRGINIA K. HOELSCHER Chair, Opinion Committee WILLIAM A. HILL Assistant Attorney General, Opinion Committee 01118/2018 10:01 CALHOUN CO AUDITREAS ALESHIRELAW A PROFESSIONAL CORPORATION 700 LAVACA STREET, SUITE 1400 AUSTIN, TEXAS 78701 Bill AMeshire Bill@AleshireLAW.com 512 320-9155 (call) 512 320-9156 (fax) August 15, 2017 ATTORNEY-CLIENT COMMUNICATION TO: COUNTY TREASURERS' ASSOCIATION OF TEXAS kfAX)3615534614 P.0061009 As your General Counsel, I have been asked to comment and advise on issues raised by Tex. Att'y Gen. Op. KP -160 issued August S, 2017. I hope this letter advisory assists you in giving this new opinion proper perspective and helps you figure out, in conjunction with your commissioners court and auditor, how to comply, It is true that KP -160 is "merely" the Attorney General's Opinion, but I find nothing incorrect in the opinion, I would be derelict in my duty to try -to protect you if I did anything other than to point out the risk of personal liability that you, as the Treasurer, face if you approve disbursements from the treasury without prior approval by the commissioners court for "each" disbursement. The Summary of that opinion said: SUMMARY Under sections 113.041, 115.021, and 115.022 of the Local Government Code, the commissioners court must approve claims, and the treasurer and auditor do not have the authority to pay claims without the commissioners court's approval. A commissioners court cannot delegate to the county treasurer the commissioners court's duty and authority to approve payment of county claims. Provided it complies with any statute applicable to the particular subject matter, a commissioners court may review and direct payment of payroll and claims at a meeting called for a day other than the commissioners court's regular meeting day. This opinion applies most directly in counties with a population of 190,000 or less. In counties with a population more than 190,000, Tex. Loc, Gov't Code sections 113.047 and 154.043(a) authorize the Treasurer to disburse salary and expenses based on a district, county, or precinct officer issuing a warrant for such, and does not require prior commissioners court CTAT Advice on KP -160 Page I of 4 01/1812018 10:02 CALHOUN CO AUDITREAS (PAX)3615534614 P.0071009 approval. KP -160 merely confirms what has long been the legal procedure for approval of disbursements from the treasury in counties with population of 190,000 or less. In other words, there is really nothing new in KP -160. For example, 34 Kegrs aao, Tex. Att'y Gen. Op. H-171 at 5 (1973) said: "Without the approval of the County Commissioners, the issuance of a county warrant is in violation of the statutory duties of the Treasurer." In 1984, Tex. Att'y Gen. Op JM -192 (1984) said: "We conclude that each county warrant paid to an official or employee of the county requires commissioners court approval.... [Citing the 1943 Tex. Att'y Gen. Op. --5049] ...[T]he commissioners court's duty to audit and settle claims against the county [ ] cannot be delegated to the county auditor under a standing order authorizing the auditor to pay county officials and employees without periodic approval by the commissioners court. In other words, the monthly payroll reports prepared by the respective county officials are turned in to the commissioners court for its approval and its order issuing salary warrants. [ ] The commissioners court cannot delegate this responsibility to the county auditor. In summary, we conclude that salaries paid to county employees require commissioners court approval be ore any warrants may be issued." (emphasis added) In 1988, Tex. Att'y Gen. Op. JM -986 (1989) addressed the question of whether the commissioners court could delegate payroll approval to the Treasurer and counter -signed by the Auditor for each payroll period. Id. at *6. The Attorney General held that was not authorized: In a county with a population of 190,000 or less, the commissioners court is responsible for approving the county payroll and issuing warrants in payment of salaries. These duties may not be delegated to either the county auditor or county treasurer. (emphasis added) In 1995, Tex. Att'y Gen, Op. LO -95-002 at 1 (1995) said, "...[I]n counties, like Ellis County, of under 190,000 population, there are no officers except the commissioners court authorized to issue such certificate or warrant." The Opinion also noted the commissioners court approval "must be done in an open meeting held in compliance with the Open Meetings Act of Government Code chapter 551. Id. at 2. This Opinion noted a 1921 court opinion (Gussett v. Nueces County, 235 S.W. 857, 860 (Tex. Comm'n App. 1921, judgm't adopted) in which "subsequent ratification" of payments made by the Treasurer without prior commissioners court approval "relieved the treasurer of liability on the alleged shortages resulting from those allegedly improper payments." CTAT Advice on KP -160 Page 2 of 4 01118/2018 10:02 CALHOUN CO AUDITREAS (FAX)3615534614 P.0081009 But, the Opinion quoted from Gussett: Of course, if the treasurer pays out money without a warrant or other authority of the commissioners court, he necessarily takes a great risk, for the court may not ratify his payments. (emphasis added) The Opinion concluded: The Ellis County Treasurer may not properly make payments from the county treasury without prior approval by the commissioners court. If he does so, he is subject to personal liability for such payments if they are not subsequently ratified by the commissioners court. (emphasis added) KP -160 came about from a request for an Attorney General opinion (RQ -0150 -ICP, Feb. 21, 2017) from the Walker County Treasurer and County Auditor. I cannot find any evidence that county commissioners sought any legislative change, in this last Regular Session, to the statutes that require the commissioners courts to approve payroll and expenses in advance of disbursement by the Treasurer. I understand that the angst and consternation that is felt by this opinion in some counties is because they do not comply, and perhaps have not complied for some time, with this interpretation of the legal procedure for such disbursements. In those counties, the payrolls may no longer be monthly (now being bi-weekly or semi-monthly), and the commissioners courts may have chosen not to be meet weekly or often enough to accommodate timely authorization for payroll and other disbursements. Had the commissioners courts been fully advised about the consequences of such changes to payroll and their meeting schedules, perhaps the problems they now face in light of KP-160—which is not new law --could have been avoided. In fact, it used to be a criminal offense for a commissioners court to fail to examine, approve and file the required affidavit pertaining to the Treasurer's reports. See 35 Tex. Prac. § 16.14, FN 11 (2d ed. 2017)(citing Tex, Penal Code (1925) art. 396. The problems that arise in these counties is not the fault of any County Treasurer. It is the commissioners courts (in the counties with population of 190.000 or less) who need to make changes to their meeting schedules so they can fulfill their duty of checks -and -balances and comply with Tex. Loc. Gov't Code sections 115.021 and 115.022. It is not your duty, as County Treasurer, to accommodate the commissioners court's desired abbreviated meeting schedule and unlawfully apgrove expenditures without their prior approval. because it puts you at such personal liabili In the Walker County request for an opinion, it noted, "Further it has been asserted that claims such as payroll, debt obligations, and utility -related were previously 'approved' during the annual budget process." The District Attorney noted that approving the disbursements merely because they were budgeted would not "satisfy either the Treasurer or the [commissioners] Court's CTAT Advice on KP -160 Page 3 of 4 01/1812018 10:02 CALHOUN CO AUDITREAS (FAX)3615534614 P.0091009 statutory responsibilities." So, I join in that advice. While it is true that no County Treasurer (regardless of population size) can approve a disbursement that "is not valid as a proper and budgeted item of expenditure" (Tex. Loc. Gov't Code section 113.041(d-1)), you may not rely on the budget as authority to ignore the specific pre -approval requirements of Section 113.041. See also, Tex. Loc. Gov't Code section 113.042(e) ("Each check or order for payment issued or drawn by an officer under the provisions of this section is subject to all laws and rules relating to auditing and countersigning." I was also asked if KP -160 (and the requirement for pre -approval of disbursements) also includes investments. The answer is "No." Tex. Gov't Code ch, 2256 governs those investments in conjunction with Tex. Loc. Gov't code ch. 116. In a county that has complied with Chapter 2256, adopted investment policies, and appointed an investment officer, each investment—unlike each payroll or expense checks --does not require prior approval by the commissioners court. See Tex, Loc. Gov't Code section 116.112(a) (authorizing the commissioners court to direct the county treasurer to withdraw excess county funds "and invest those funds as provided by this section...." Section 116.112(b) says, "The funds may be invested in accordance with Subchapter A, Chapter 2256, Government Code."). CONCLUSION KP -160 is not a new statement of the law, but, instead, a repetition of long -held requirement that before salaries and expenses of the county (with population of 190,000 or less) are disbursed by the County Treasurer it is legal duty of the commissioners court to examine and approve each such disbursement. A County Treasurer who approves a disbursement before obtaining such commissioners court approval—which can only be given in a duly noticed meeting in compliance with the Texas Open Meetings Act—takes the risk of being held personally liable for any such expenditures, particularly if the commissioners court decides, atter the fact, not to give its approval. CTAT Advice on KP -160 Page 4 of 4 ALESHIRELAW, PC wwd"_ Bill Aleshire AMENDED ORDER SETTING DAY OF WEEK, LOCATION AND ALTERNATE LOCATION OF REGULAR TERM FOR COMMISSIONERS' COURT FOR 2018 CALENDAR YEAR Motion by , seconded by and carried, that the following order be entered: At a regular term of the Commissioners' Court in and for Calhoun County, Texas, held in the regular meeting of said Court in the County Courthouse in Port Lavaca, Texas, on the 25th day of January, 2018, with County Judge Michael J. Pfeifer presiding, and Commissioners David Hall, Vern Lyssy, Clyde Syma, and Kenneth Finster present, there having come on for hearing the matter of determining the day of week and location of the regular term of Calhoun County Commissioners' Court for the calendar and fiscal year 2018. It is ordered that the regular term should be every Wednesday of each month. The location of such meetings will be the Commissioners' Courtroom located in the County Courthouse, 211 S. Ann Street, Port Lavaca, Calhoun County, Texas, The first alternate location of such meetings will be the Bauer Exhibit Building, Henry Barber Way, Port Lavaca, Calhoun County, Texas. IT IS SO ORDERED this 25th day of January, 2018. COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS Michael J. Pfeifer, County Judge ATTEST: Anna Goodman Calhoun County Clerk By: Catherine Blevins, Deputy AMENDED ORDER SETTING DAY OF WEEK, LOCATION AND ALTERNATE LOCATION OF REGULAR TERM FOR COMMISSIONERS' COURT FOR 2018 CALENDAR YEAR Motion by , seconded by and carried, that the following order be entered: At a regular term of the Commissioners' Court in and for Calhoun County, Texas, held in the regular meeting of said Court in the County Courthouse in Port Lavaca, Texas, on the 25th day of January, 2018, with County Judge Michael J. Pfeifer presiding, and Commissioners David Hall, Vern Lyssy, Clyde Syma, and Kenneth Finster present, there having come on for hearing the matter of determining the day of week and location of the regular term of Calhoun County Commissioners' Court for the calendar and fiscal year 2018. It is ordered that the regular term should be the second and fourth Thursday of each month and each Wednesday of the first, third and fifth week, should there be a fifth week in the month. The location of such meetings will be the Commissioners' Courtroom located in the County Courthouse, 211 S. Ann Street, Port Lavaca, Calhoun County, Texas, The first alternate location of such meetings will be the Bauer Exhibit Building, Henry Barber Way, Port Lavaca, Calhoun County, Texas. IT IS SO ORDERED this 25th day of January, 2018. COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS Michael J. Pfeifer, County Judge ATTEST: Anna Goodman Calhoun County Clerk By: Catherine Blevins, Deputy AMENDED ORDER SETTING DAY OF WEEK, LOCATION AND ALTERNATE LOCATION OF REGULAR TERM FOR COMMISSIONERS' COURT FOR 2018 CALENDAR YEAR Motion by Commissioner Lyssy, seconded by Commissioner Hall, and carried, that the following order be entered: At a regular term of the Commissioners' Court in and for Calhoun County, Texas, held in the regular meeting of said Court in the County Courthouse in Port Lavaca, Texas, on the 25th day of January, 2018, with County Judge Michael J. Pfeifer presiding, and Commissioners David Hall, Vern Lyssy, and Clyde Syma present, there having come on for hearing the matter of determining the day of week and location of the regular term of Calhoun County Commissioners' Court for the calendar and fiscal year 2018. It is ordered that the regular term should be every Wednesday of each month. The location of such meetings will be the Commissioners' Courtroom located in the County Courthouse, 211 S. Ann Street, Port Lavaca, Calhoun County, Texas, The first alternate location of such meetings will be the Bauer Exhibit Building, Henry Barber Way, Port Lavaca, Calhoun County, Texas. IT IS SO ORDERED this 25th day of January, 2018. ATTEST: Anna Goodman Calhoun County Clerk C&M,dak —0 - By: Catherine Blevins, Deputy COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS By. Michael J. Pfeifer,County Judge Calhoun County Commissioners' Court —January 25, 2018 17. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 17) To acknowledge the following Amendments to the 2018 District Attorney Forfeiture Fund: (1) $14,618.96 for Salary Supplements and FICA for James D Henderson for 2018 (2) $3,875.40 for monthly Salary Supplement of $300 and FICA for Sara M Rodriguez for 2018 RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Per 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 15 of 33 Criminal District Attorney Calhoun County, Texas M_ DAN W. Hal[ Moon Reef Lighthouse Y-. RANDY R. CRIDER iJA VY. HEARD SHANNON E. SALVER Investigator Assistant Criminal District Attorney ALICIA FLORES Victim Assistance Coordinator January 19, 2018 Hon. Mike Pfeifer Calhoun County Judge P.O. Box 1061 •211 South Ann Street Port Lavaea, Texas 77979 (361) 553-4422 • Fax (361) 553-4421 Calhoun County Commissioners Court RE: Forfeiture Fund Dear Judge Pfeifer and Commissioners: JAMES D. HENDERSON Assistant Criminal District. Attorney SARA M.RODRIGUEZ Assistant Criminal District Attorney This letter is to advise you that I am amending the 2018 budget of the Forfeiture Fund in the amount of $14,618.96 for salary supplements and FICA for James D. Henderson for the year 2018. These supplements are for the period of January 1, 2018 through December 31, 2018. This is a continuation of the supplement he has been receiving, which has previously been approved by the Commissioners Court. In addition, I am amending the 2018 budget of the Forfeiture Fund an additional amount of $3,875.40, to provide a monthly salary supplement to Sara M. Rodriguez of $300.00 per month and FICA taxes on the supplement. Sara is an invaluable asset to this office and to Calhoun County. She is the Chief Prosecutor for the Juvenile Court and Justice Courts, and assists in District Court and County Court as an Assistant Criminal District Attorney. As per Chapter 59 of the Code of Criminal Procedure, I have to advise Commissioner's Court of these changes to the Forfeiture budget. Accordingly, please place this on the Commissioner's Court agenda of January 25, 2018. Thank you for your attention to this matter. Vzt7 DAN W. HEARD, Criminal District Attorney for Calhoun County, Texas DWH:km I Calhoun County Commissioners' Court— January 25, 2018 18. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 18) On payment of 2018 Contribution to Expense to the City of Port Lavaca for Fire Protection Services per Interlocal Agreement in the amount of $191,705.04. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 16 of 33 CALHOUN COUNTY ~ � � .� Purchase ®rder No. �� _, ..� '�� o 201 West Austin Port Lavaca, Texas 77979 CHECK REQU1S17IONI PURCHASE ORDER VENDOR Name..�,( r,. Address: F'.c City: A, i rt State: Zip: -i" `-i - 9 Phone_ l Department:[",f eicJv- �t�c� f_ dkuf�C� Address: City: - State: Phone: I Zip: ACC ) NT NO. DESCRIPTION UNIT PRICE QTY. TOTAL ( l 1 � om � i V Q Z,J (._ CJ A� �-�i ' f,:NA 4 � ;l P 0 � f- rHE nyms OR SEERVICES SHOYVNABOVEARE NEEDED INTHE DISCHARGE Taxes - State/County Deducted OFMY OFMAL)DUTIES AND I C:P:1tSM THAT FUNDSAREAPAILOM TO PAYTMOBLIGATION.ICERTHYTMTTHEABOVBITFMSORSERVIM TOTAL 1.1i) 11 A,)j`((„ NR.RERRCEIVED BYME IN GOOD CONDMONAND REOUEST THE COUNTY TREASURER TO PAY THE ADOVE OBLIGATION r m City Manager Respectfully Submitted, Ext, 222 Parks R Recreation January 3, 2018 City Secretary A alallw Ext. 224 Sandra J Ma on Code Enfnreement Judge Pfeifer, County Judge Ext. 229 Calhoun County Finance 211 S. Ami Street Ext, 234 Port Lavaca, Texas 77979 InspeaCiotrslPermits Ext, 229 Dear Judge Pfeifer, Municipal court Ext. 226 Per interlocal agreement, the Cit shall notify the Count of the amount due for g � r y �' y fire services based on changes in the Municipal Cost Index (measured from April Personnel 2016 to April 2017). The calculation is shown below regarding the 2018 Ext. 224 payment: Utility Billing Ext. 238 $185,177.53 (Previous 2017 payment) x 0.03525% (MCI change) = $6,527.51 Animal Control $185,177.53 (Previous 2017 payment) +$6,527.51= 361-552-5726 - $191,705.04 (Due for 14n- Dec 2018) Bauer Center 361-5521234 If you have any questions, I can be reached at 361-552-9793 ext. 234 or e-mailed Fire station at smason(a4)ortlavaca.org. 361.552-3241 Public Works Director Respectfully Submitted, 361-552-3347 Parks R Recreation 361-552-1234 A alallw Sandra J Ma on Police Finance Director 361-552.37$$ 361-5 City of Port Lavaca Streets 361-552-9793 Ext. 234 361.552.3347 Utilities Operation 361.552-3347 INTERLOCAL AGREEMENT FOR FIRE SERVICES BY AND BETWEEN THE CITY OF PORT LAVACA AND CALHOUN COUNTY STATE OF TEXAS § COUNTY OF CALHOUN § THIS INTERLOCAL AGREEMENT, approved by each party at a duly called meeting of each entity as shown below, by and between the CITY of PORT LAVACA, Texas, a home rule city located in Calhoun County, by and through their duly authorized City Manager or Mayor, (hereinafter "CITY") and the COUNTY OF CALHOUN, through its duly authorized County Judge, (hereinafter "COUNTY") such governments acting herein under the authority and pursuant to the terms of the Texas Government Code, Section 791.001 et seq., known as the "Interlocal Cooperation Act. WHEREAS, the COUNTY desires to provide for fire protection and emergency services for life and property of its residents that live outside the jurisdiction of the CITY; and, WHEREAS, the CITY owns certain trucks and other equipment designed for and capable of being used in the protection of persons and property from and in the suppression and the fighting of fires and has assigned individuals trained in the use of such equipment; and, WHEREAS, the CITY has authority to enter into contracts providing for the use of fire trucks and other fire protection and fire -fighting equipment for citizens outside of its jurisdiction; and WHEREAS, in exchange for the fire services to be provided by CITY hereunder, the COUNTY shall provide funds with an annual adjustment each year using the Municipal Cost Index ("MCI") as measured from June 1st of each year to the prior June 1 st of each year. If there is a decrease in the MCI, there shall be no adjustment for that year; and, NOW, THEREFORE, for and in consideration of the mutual benefits to be derived by each of the parties hereto, said parties agree and covenant as follows: 1 Section l: SERVICES AND CONDITIONS The CITY shall provide to the COUNTY fire suppression services and to dispatch equipment and/or personnel in accordance with and subject to the terms and conditions hereinafter set forth. It is specifically agreed that: 1.1 The CITY agrees to fumish emergency fire suppression services upon a request for assistance from the 911 dispatcher or county volunteer fire departments within the County. 1.2 The CITY'S Public Safety Director or his designee shall be the sole judge of the type and amount of equipment and manpower dispatched in response to a request for assistance. 1.3 Any request for aid hereafter shall include a statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched. 1.4 The CITY shall report to the officer in charge of the requesting party at the location to which the equipment and/or personnel is dispatched and there, to render the assistance required. 1.5 The CITY shall be released by the requesting party when such services of the CITY are no longer required or when the CITY must respond to another emergency. The authorized official of the CITY, may determine in the official's own discretion that the health, safety and welfare of the CITY'S personnel may be endangered by any order of the requesting party, and may withdraw all of CITY'S personnel from the scene. 1.6 Although the CITY shall endeavor to respond to all requests for assistance, nothing herein is to be interpreted as imposing any duty or obligation upon the CITY to respond to any fire emergency. The provision of fire protection service to each party's own area of responsibility shall always remain the primary function of that party. 1.7 In the event the CITY cannot or is unable to respond to a request for assistance, the CITY'S authorized official shall immediately notify the party requesting such assistance. 1.8 The CITY'S Director of Public Safety, in accordance with the terms of this agreement, shall consult with COUNTY as necessary with respect to the implementation of additional policies and procedures for improving the provision of fire protection services in response to requests for assistance. 1.9 The CITY shall maintain insurance coverage on each of its motor vehicles and personnel. Section 2: INDEMNITY CLAIMS 2.1 All claims for worker compensation benefits arising out of this agreement shall be the sole responsibility of the party who is the employer of the employee filing such claim. 2.2 At no time shall the employees of a responding party be considered to be borrowed servants or on loan to the requesting party under this agreement. Section 3: TERM and PAYMENT 3.1 This agreement shall remain in effect through December 31, 2013, provided that it shall -automatically be renewed for a one year period unless any party hereto shall give the other party written notice on or before ninety (90) days prior to the renewal date, at which time this agreement shall terminate at the end of the ninety (90) day period. 3.2 COUNTY shall pay CITY the sum of $178,500.00 on or before March 31, 2013 for the provision of fire services by the CITY for the COUNTY budget year January 1, 2013 .to December 31, 2013. On or before July 1, 2013, the CITY shall calculate the annual adjustment for the 2014 budget year using the change in the Municipal Cost Index ("MCI") as measured from June 1, 2012 to June 1, 2013 and said percentage change shall be multiplied by $178,500.00. The COUNTY shall be notified of the new amount as soon as practicable after the calculation is determined. If there is a decrease in the MCI, there shall be no adjustment for that year. A like calculation shall be made by the CITY and provided to the COUNTY for budgeting purposes as soon as practicable after the June 1st index is published each year. The percentage increase, if any, shall be multiplied by the then rate in effect under this Agreement. Following the calculation, said amount shall be the amount charged under this Agreement for the subsequent year. Section 4: GENERAL TERMS 4.1 The parties hereto may terminate this Agreement without recourse or liability, upon ninety (90) days written notice of their intent to terminate to the other party. 4.2 This agreement shall supersede any previous agreements. It may only be amended in writing and signed by all parties. 3 Approved at a duly called meeting of the City of Port Lavaca on the 15 day of October, 2012. J D. WHI OW, MAYOR ATTEST: MANDY GRANT CITY SECRET.0 Approved at a duly called meeting of the Commissioner's Court of Calhoun County on the a$$ day of OG-nb4-r 2012 1►. .: kIFF, JUDGE ATTEST: Anita Fricke, Calhoun County Clerk By: _. [-chv".'O� Deputy Cl rk FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR FIRE SERVICES BY AND BETWEEN THE CITY OF PORT LAVACA AND CALHOUN COUNTY STATE OF TEXAS § COUNTY OF CALHOUN § THIS First Amendment to Interlocal Agreement, approved by each party at a duly called meeting of each entity as shown below, by and between the CITY of PORT LAVACA, Texas, a home rule city located in Calhoun County, by and through their duly authorized City Manager or Mayor, (hereinafter "CITY") and the COUNTY OF CALHOUN, through its duly authorized County Judge, (hereinafter "COUNTY') such governments acting herein under the authority and pursuant to the terms of the Texas Government Code, Section 791.001 et seq., known as the "Interlocal Cooperation Act. The parties hereto hereby amend the measurement period described in paragraph 3.2 in the original Agreement with regard to Municipal Cost Index ("MCI") to reflect that the measurement period shall be from April 1 to April 1 of each year of the Agreement. Approved at a duly called meeting of the City of Port Lavaca on the 9s' day of September, 2013. ohn D. Whitl Mayor Attest: ' Mandy Grant, 1 Approved at a duly called meeting of the Commissioner's Court of Calhoun County on the 12`h day of September, 2013. Attest: Anita Fricke, Calhoun County Clerk n 1w'My'�L�1.�►Jl'i'IJ1.1 .; 1-', PA a�e Qe� Akz// Michael J. Pf fifer, C unty Judge N i 202 N. Virginia, Port Lavaca, Texas 77979-0105 www oortlavaca.orn Main Number: 361-552-9793 Main Facsimile: 361-552-6062 City Manager Respectfully Submitted, Ext. 222 Parks & Recreation January 3, 2018 City Secretary dandraUJ Ext. 224 Ma on Code Enforcement Judge Pfeifer, County Judge Ext. 229 Calhoun County Finance 211 S. Amt Street Ext, 234 Port Lavaca, Texas 77979 1uspectiong/Pennits " Ext. 229 Dear Judge Pfeifer, Municipal conn Per interlocal agreement, the Cit shall notify the Count of the amount due for g. Y fY Y Ext, 226 fire services based on changes in the Municipal Cost Index (measured from April Personnel 2016 to April 2017). The calculation is shown below regarding the 2018 Ext, 224 payment: Utility Billing Ext. 238 $185,177.53 (Previous 2017 payment) x 0.03525% (MCI change) = $6,527.51 Animal Cannot $185,177.53 (Previous 2017 payment) + $6,527.51 = 361-552-5726 $191,705.09 (Due for Jan- bee 2018) Bauer center 361-552.1234 If you have any questions, I can be reached at 361-552-9793 ext. 234 or e-mailed Fire station at smasonamortlavaca.org. 361-552.3241 Public Works Director Respectfully Submitted, 361-552-3347 Parks & Recreation 361-552-1234 dandraUJ Ma on Police Finance Director 361-552-3788 City of Port Lavaca Streets 361-552-9793 Ext. 234 361.552-3347 utilities Operation 361.552-3347 I Calhoun County Commissioners' Court — January 25, 2018 19. ACCEPT REPORTS OF THE FOLLOWING COUNTY OFFICES: (AGENDA ITEM NO. 19) i. Calhoun Tax Assessor/ Collector ii. County Treasurer iii. County Sheriff iv. District Clerk v. County Clerk — Dec 17 vi. Justices of Peace vii. County Auditor viii. Floodplain Administration ix. Extension Service — Dec 17 x. Adult Detention Center SHP Medical RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pet 2 SECONDER: David Hall, Commissioner Pet 1 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 17 of 33 SHERIFF'S OFFICE MONTHLY REPORT Dec -17 BAIL BOND FEE $ 1,065.00 CIVIL FEE $ 326.56 JP#1 $ 654.50 JP#2 $ 219.00 JP#3 $ 429.00 JP#4 $ 379.00 JP#5 $ 789.10 PL MUN. $ - COUNTY COURT $ 4,000.00 SEADRIFT MUN. $ - PC MUN. $ 2,056.60 OTHER(PL WAVE) $ 237.90 PROPERTY SALES $ 17,000.00 DISTRICT $ - CASH BOND $ TOTAL: $ 27,156.66 CALHOUN COUNTY CLERK MONTHLY REPORT RECAPITUATION DECEMBER 2017 OESC GLCODE :CIVIL 1CRIMINAL OFFICIAL PUBUC' RECORDS. PROBATE TOTAL DISTRICT ATTORNEY FEES 1000-44010. $ 245.88 $ 245.80 DEER LICENSE 1000-42010 $ 10.00 $ 10.00 COUNTY CLERK FEES 1000-44030 $ 414.00 $ 393.47 $ 8,930.60 $ 239.00 $ 9,977.07 CCL JURY FEE 1000-04140 $ - JURY FEE 100044140 $ - $ - ELECTRONICFILING FEES FOR &FILINGS 100044058 $ 80.00 IS - $ - $ 26.00 $ 84.00 JUDGE'S EDUCATION FEE 100044160 $ - $ 15.00 $ 15.00 JUDGE'S ORDER/SIGNATURE 100044180 $ 14.00 $ - $ 22.00 $ 36,00 SHERIFF'S FEES 1000-44190 $ 75,00 $ 327.32 $ - $ 75.00 $ 477.32 VISUALRECORDER FEE IM 44250 $ 50.03 $ 50.03 COURTREFPORTER FEE 1000-04270 $ 135.00 $ 45,00 $ 180.00 RESTITUTION DUETO OTHERS 100049020 $ - ATTORNEY FEES. COURT APPOINTED 100049030 $ 60.02 $ 60.02 APPELLATE FUND(TGC)FEE 262044030 $ 60.00 $ 20.00 $ 70.00 TECHNOLOGYFUND 266344030 $ 39.35 $ 3D.35 COURTHOUSE SECURITY FEE 267044030 $ 60.00 $ 29.50 $ 319.00 $ 26.00 $ 423.50 COURT INITIATED GUARDIANSHIP FEE 2672-04030 $ 80.00 $ 00,00 COURT RECORD PRESERVATION FUND 2673.44030 $ 100,00 S 40.00 $ 140.00 RECORDS ARCHIVE FEE 267544030 $ 3,00090 $ 3,080.00 DRUG& ALCOHOL COURT PROGRAM 269844030005 $ 16BAB $ 168.46 JUVENILE CASE MANAGER FUND 269944033 $ - $ - FAMILY PROTECHONFUND 270644030 $ 46.00 $ 45.00 PRE461AL DATRSON AGREEMENT 272944034 $ - $ - LAWLIBNWFEE 2731.44030 $ 316.00 $ 105.00 $ 420.00 RECOROSMANAGEMENT FEE - CO CIX 2738.44380 $ 24.62 $ 3,110.00 $ 3,134.62 RECORDS MANGEMENT 2739-10899,44030 $ 50.00 $ 221.31 $ - $ 25.00 $ 290.31 BONDFORFEITURE 2740001-45050 $ - $ - FINES - COUNTY COURT 274045040 $ 3,980.74 $ 3,988.74 STATE POLICE OFFICER FEES 7020-20740 $ 4.61 $ 4.61 CONSOLIDATED COURT COSTS 7070.10899 $ - $ - CONSOLIDATED COURT COSTS -CHUNFY 7070.20610 $ 01.63 $ 81.63 CONSOLIDATED COURT COSTS -STATE 7070-20740 $ 737.95 $ 737.95 JUDICIAL AND COURT PERSONNELTRAINING - CO 7502.20610 IF 4.50 $ - $ - IS 2.00 $ 6.50 IUOICIALANO COURT PERSONNELTRAINING•ST 7502-20740 § 40.60 $ - $ - $ 10.00 $ 50.50 DRUG& ALCOHOLCOURT PROGRAM -COUNTY 7390-20610.999 $ 33.69 $ 33,69 DRUG & ALCOHOLCOURT PROGRAM -STATE 739040740999 $ 134,79 $ 13479 STATE ELECTRONIC FLUNG FEE 7403-999-22087 $ 270.00 $ 120.00 $ 390.00 STATE ELECTRONIC FILING FEE CR 740399942990 $ 49,17 $ 40,17 EMSTRAUMA 7405-999-20740 $ 232.03 $. 232.03 CIVIL INDIGENT FEE -COUNTY 749040610 $ 5.00 $ 2.00 $ 7.00 CIVIL INDIGENT FEE -STATE 748040740 $ 05.00 $ 30.00 $ 133.00 JUDICIAL FUND COURT COSTS 749520740 $ 147.51 $ 147,51 JUDICIAL SALARY FUND -COUNTY 7505-20610 $ 6.92 $ 5.92 JUDICIAL SALARY FUND - STATE 750520740 $ 53.00 $ 53,08 JUDICIALSAIARY FUND 7505.20740.005 $ 376,00 $ $ 426.60 $ 504.00 TRAFFIC LOCAL (ADMINISTRATIVE FEES) 7538.22884 $ 4.29 $ 4.29 COURT COST APPEAL OF TRAFFIC REG OP APPEAL) 7538-22885 $ - $ - JUVENILE CRIME & DELINQUENCY FUND 7538-22896 $ - BIRTH - STATE 7855-20780 $ 50.40 $ 50.40 INFORMAL MARRIAGES - STATE 7855.20782 $ - $ - JUDICIALFEE 7855.20786 $ 360.00 $ 120.00 $ 48D.00 FORMAL MARRIAGES - STATE 7855-20768 $ 510.00 $ 510.00 NONDISCLOSURE FEE 7855-99940790 $ - $ - TCLE05EGOURTMU 7856-999,20740 $ 0.41 $ 0.41 JURY REIMBURSEMENT FEE 785740899 $ - $ - JURYREIMBUBSEMENTFEE-COUNTY 7857.20610 $ 3,90 $ 3.90 JURY REIMBURSEMENT FEE -STATE 7857-20740 $ 35.42 $ 35.42 STATE TRAFFIC FINE - COUNTY 786020610 $ 2.14 $ 2.14 STATE TRAFFIC FINE - STATE 7860-20740 $ 40.77 $ 40.77 INDIGENT DEFENSE FEE -COUNTY 7865-20610 $ 1.95 $ 1.95 INDIGENT DEFENSE FEE -STATE 7865.20740 § 17.71 $ 17.71 TIME PAYMENT 7865.10899 $ - $ - TIME PAYMENT -COUNTY 7950-20610 $ 110AS $ 110.45 TIME PAYMENT -STATE 7950-20740 $ 110AS $ 110.45 RAILJUMPING AND FAILURE TO APPEAR -COUNTY 797040GIO $ - BAILJUMPINGANDFAILURETOAPPEAR -STATE 7970-20740 $ DUEPORTIAVACAPD $990.99991.;:: $ 112.62 $ 12,62 UUESFAURIFTPD 8990.99992 : $ 800 $ DURTOPOINTCOMFORTPD 099099993 $ ($ DUETO TEXAS PARKS&WILDUEE $990.9999411. $ 207,34 $ 297,34: DUETOTEXASPARKS$ WILOLIFEWATER SAFETY S 9990.9999$ $ - OUETOTAOC. 999099996 I$ - OUETOOPERATINO/NSFCIIARGES/DUETO OTHERS i $ I $ 1 $ 48.00 "$ 49,00.: $ 2,469.00 $ 7,583.35 $ 16,059.00 $ 1,143,00 27,254.35 TOTAL FUNDS COLLECTED $ 27,254.36 - FUNDS HELD INESCROW: $ - AMOUNT DUE TO TREASURER: S$ 26,900.391 TOTAL RECEIPTS: $ 27254.35::: AMOUNT DUE TO OTHERS: $ 273.90 L OF t68Rme CALHOUN COUNTY CLERK MONTHLY REPORT RECAPITUATION FUND RECEIVED DISBURSEMENTS ENDING BOOK BALANCE OUTSTANDING DEPOSITS" OUTSTANDING CHECKS" FUND RECEIVED DISBURSEMENTS ENDING DOOK BALANCE iNDING BANK BALANCE OUTSTANDING DEPOSITS" OUTSTANDING CHECKS - ?GINNING BOOK BALANCE FUND RECEIVED DISBURSEMENTS ENDING BOOK BALANCE OUTSTANDING DEPOSITS" OUTSTANDING CHECKS" BANK BALANCE "REVISED REPORT • MISSING EFT"` s a 12/31/2017 $ 12/33/2617 $ $ $ 82,904.09 $ 8,350.00 Ds 12/31/2017 $ 97,272.90 TO "SALANCE PdOVED TO NEP! PROSPERI iYACCOUNT" R-1.I'RENR CD'S Data Issued 8.10660 PUtc11689§/ Withdrawals BRIR6c. 12/3112016 interest 231117 74925 11/19/2009 $ 1,846.64 $ 2,96 $ 1,849.60 $ 49466 1/30/2013 15; 19,691.19 $ 49.24 $ 18,740.43 60782 1/15/2015 $ 9,402.02 $ BIAS $ 0,420.05 50790 1/16/2016 $ 9,402,02 $ 48.63 $ 0,420.05 60004 1/15/2015 $ 9,402,02 $ 10.83 $ 9,420.85 00863 2/2/2016 $ 3,608,75 $ 0.75 $ 3,517.50 60871 2/2/2016 $ 3,600,75 $ 8,75 $ 3,517.50 61134 5/28/2015 $ $ $ $ - TOTALS: $ 68,761,29 It .126.19 $ 1,849.50 IF 55,037.98 ^00474926... cesno0.1 RI31R. l.n. ReposnaRI- R-1-11��«�•� ^—a,o,- K;11 -;171t / / / / (/ 'J?l✓'t f�'' �L"`� 1116/2018 Submitted by: Anna M Goodman, County Clerk Dale 40F2 U;W REPORT6%AONMLYUUWTOR MIO MEASURER REPORTAV017.123111 TREASURE. REPORT. 1/184018 CALHOUN COUNTY CLERK MONTHLY REPORT RECAPITUATION 1. DECEMBER 2017 DESC'. FLEDGE %CIVIL CRIMINAL OFFICIAL FRANC :RECORDS PROBATE TOTAL MSTRICTATTORNEY FEES IMO -44020. $ 245.80 IS 245.86 BEER LICENSE IWO 42010 $ 10.00 $ 10,00 COUNTY CLERK FEES 100044030 $ 414.00 $ 393.47 $ 8,930.60 $ 239,00 IS 9,977.07 CO. JURY FEE 1000-04140 $ JURY FEE 100044140 $ - $ ELECTRONIC FILING FEES FOR E -FIRINGS IMO -44058 $ 60.00 $ - $ - $ 26.00 $ 94.00 JUDGE'S EDUCATION FEE LORD 44160 $ - $ 15.00 $ 15.00 JUDGE'S ORDERISIGNATURE 100044180 $ 14.00 $ - $ 22.00 $ 36.00 SHERIFF'S FEES IWO 44190 $ 78.00 $ 327.32 $ - $ 75.00 $ 477.32 VISUAL RECORDER FEE IWO 44250 $ 50.83 $ 50.83 COURT REFPORTER FEE IOODA4270 IF 135.00 IS 45.00 $ 180.00 RESTITUTION DUE TO OTHERS 1000 49020 $ - ATTORNEY FEES -COURT APPOINTED 100049030 $ 60.82 $ 60.82 APPELLATE FUND (TGC) FEE 262044030 $ 50.00 $ 2000 $ 70.00 TECHNOLOGYFUND 266344030 $ 39.35 $ 39.35 COURTHOUSE SECURITY FEE 267044030 $ 50.00 $ 2U.60 $ 319.00 IS 26.00 $ 423.50 COURT INITIATED GUARDIANSHIP FEE 2672-44030 $ BOOK) $ 00.00 COURT RECORD PRESERVATION FUND 267344030 $ 100,00 $ 40.00 $ 140.00 AECORDSARCHIVEFEE 267544030 $ 3,080.00 $ 3,080.00 DRUG& ALCOHOL COURT PROGRAM 269044030 GO5 $ 160,48 $ 166.48 JUVENILE USE MANAGER FUND 269944033 $ - $ - FAMILYPROTECNONFUND 276644030 IS 46.00 IS 45.00 PRE-TRIAL DIVERSON AGREEMENT 272944034 $ - $ ` LAWLIBARYFEE 273144030 $ 315.00 $ 105.00 $ 420.00 RECORDSMANAGEMENT FEE - CO CLE 278844380 $ 24.62 $ 3,110.00 $ 3,134.62 RECORDS MANGEMENT 2739-10899,44030 IS 50,OD $ 221,31 $ - $ 25.00 $ 296.31 BONDFORFEITURE 2740001.45050 $ - $ - FINES - COUNTY COURT 274045040 $ 3,988.74 $ 3,980.74 STATE POLICE OFFICER FEES 7020-20740 $ 4.01 $ 4.81 CONSOLIDATED COURT COSTS 7070-10899 $ - $ CONSOLIDATED COURT COSTS -COUNTY 7070.20610 $ 81.63 $ 61.63 CONSOLIDATED COURT COSTS -STATE 707020740 $ 737.95 $ 737.95 JUDICIAL AND COURT PERSONNEL TRAINING - CO 7502-20610 $ 4.50 $ - $ - $ 2.00 $ 8.50 JUDICIAL AND COURT PERSONNEL TRAINING -5-T 7502-20740 $ 40.60 $ - $ - $ 10.00 $ 68.50 DRUG ALCOHOL COURT PROGRAM -COUNTY 7390-20610-999 $ 33.69 $ 33.69 DRUG& ALCOHOL COURT PROGRAM -STATE 739020740999 $ 134.79 $ 134,79 STATE ELECTRONIC FLUNG FEE 7403-999-22887 $ 210,00 $ 120.00 $ 390.00 STATE ELECTRONIC FILING FEE CR 7403-99922990 $ 49.17 $ 49.17 EMSTRAUMA 7405-999.20740 $ 232,03 $. 232.03 CIVIL INDIGENT FEE -COUNTY 748020610 $ 5.00 $ 2.00 $ 7.00 CIVIL INDIGENT FEE -STATE 748040740 $ 95.00 $ 36.00 $ 133.00 JUDICIAL FUND COURT COSTS 7495-20740 $ 147.51 $ 147.61 IUOICIALSALARY FUND- COUNTY 7505.20610 IS 5.92 $ 5.92 JUDICIAL SALARY FUND -STATE 7505.20740 $ 63.08 IS 53.08 JUDICIAL SALARY FUND 7505.20740005 $ 378,00 $ - $ 126,00 $ 504.00 TRAFFIC LOCAL (ADMINISTRATIVE FEES) 7530-22884 $ 4.29 $ 4.29 COURT COSTAPPEAL OF TRAFFIC REG (IF APPEAL) 753842895 $ - $ JUVENILE CRIME& DELINQUENCY FUND 7538.22896 $ - BIRTH - STATE 7855-20780 $ 60.40 $ FEAR INFORMAL MARRIAGES - STATE 785540782 $ - $ - IUUICIALFEE 7055.20786 $ 360.00 $ 120.00 $ 40000 FORMAL MARRIAGES -STATE 7855-20786 IT 510.00 IS 510.00 NONDISCLOSURE FEE 7855.999.20790 $ - $ - TCLEOSECOURTCOST 7856.999.20740 $ 0.41 $ 0.41 JURY REIMBURSEMENT FEE 785710099 $ - $ - JURY REIMBURSEMENT FEE -COUNTY 7857-20610 $ 3.90 IF 3.90 JURY REIMBURSEMENT FEE -STATE 7857-20740 $ 35.42 $ 35.42 STATE TRAFFIC FINE - COUNTY 786020610 $ 2.14 $ 2.14 STATE TRAFFIC FINE - STATE 7860-20740 $ 40.77 $ 40.77 INDIGENT DEFENSE FEE - COUNTY 786540610 $ 1.95 $ 1.95 INDIGENT DEFENSE FEE - STATE 7865-20740 $ 17.71 $ 17.71 TIME PAYMENT 7865-IOR99 $ - $ - TIME PAYMENT -COUNTY 7950-20610 IS 110.45 $ 110.45 TIME PAYMENT -STATE 7950-20740 $ 110.45 $ 110.45 DAIL JUMPING AND FAILURE TO APPEAR -COUNTY 7970.20610 $ - DAILJUMPING AND FAILURE TO"PEAR -STATE 7970-20740 $ DUEPORTLAVACAPD 999099991 $ :1282 `. S 12.62 DUESEAORIHI'D 999099992 : $ ':5.00 DUE'TO POINT COMFORT PD 999099993 = $ : $ DUE TO TEXAS PARKS & WILDLIFE 4990-99994 : $ 207,34 :$ 207.34:. DUETOTEXASPARKS & WILDLIFE WATER SAFER' 9990.99995 DUE7OTAOC 9990 -99986 - DUE TOOPERATINGfNSFCHARGES/DUE TO OTHERS $ $ $ 40,00 "$ 40.00: $ 2,469,00 IF 7,5113.36 $ 16,060.00 $ 1,143.00 27,264.36 TOTAL FUNDS COLLECTED $ 27,28-9.06 - FUNDS HELD INESCROWI $ - AMOUNT DUE TO TREASURER:$ 26,980.30; TOTAL RECEIPTS: $ '271264:35' AMOUNT DUE TO OTHERS: $ 273.96 IOF2 UXREPORTSWOOMI.MUOITOR AND TRFASGRER REPORTS@017.12310 TREASURER REPORTS R, IB CALHOUN COUNTY CLERK MONTHLY REPORT RECAPITUATION `- DECEMBER 2017 "BALANCE MOVED :GINNING BOOK BALANCE 11/30/2017-<I' $ FUND RECEIVED $ DISBURSEMENTS _ ENDING BOOK BALANCE 12/33/2017 ):: $ '.NDING BANK BALANCE 12/31/2017 $ - OUTSTANDING DEPOSITS" $ OUTSTANDING CHECKS" "BALANCE MOVED TO NEW PROSPERITYACCOUNT" .GINNING BOOK BALANCE 11/30/2017 '$ - FUND RECEIVED $ - DISBURSEMENTS $ ENDING BOOK BALANCE 12/31/2011 $ :LADING BANK BALANCE 12/31/2017 $ OUTSTANDING DEPOSITS" $ OUTSTANDING CHECKS" $ FUND RECEIVED $ 6,350.80 DISBURSEMENTS $ (6034.691 ENDING BOOK BALANCE 12/31/2017 -: $ 04,210.60 LANK RECONCILIATION REGISTRY OF COURT FUNDS ` Balance z iNOING BANK BALANCE 12/31/2017 $ 97,272,90 OUTSTANDING DEPOSITS" 12131/77 $ 4,000.00 OUTSTANDING CHECKS" $ 2.06 $ 1,849.60 $ 17,053.40 RECONCILED BANK BALANCE 12/31/21 $ 84,219.50 CO'S Data issued Balance Purchases/ Withdrawals Balance 1213112018 Interest 12131/77 74925 11/19/2009 $ 1,840.54 $ 2.06 $ 1,849.60 It 49466 1/30/2013 $ 19,691.19 $ 49.24 $ 19,740.43 60782 1/15/2015 $ 9,402.02 $ 18.83 $ 9,420.85 60790 1/16/2015 $ 9,402.02 $ 18,83 $ 9420.05 60004 1/5/2015 $ 9,402.02 $ 18.83 $ 9,420.85 $0883 2/2/2015 $ 3,508.75 $ 6,75 $ 3,617.50 50871 21N2015 $ 308.76 $ 8,75 $ 3.617.50 .61134 5/28/2015 $ $ $ $ TOTALS: $ 56,761.29 $ 126.19 $ 1,849.50 $ 66,037.98 "CD N74926 WaS t0Shad 81111d11Va7 Red dc,10411000 IaHOOOInguyA,C41116ma IOra Ineed YIOSaOn, V 90F 4V:' —0—/// / 1 -w /w / yAV 3W7(�q �'Y`` 1/1612016 "REVISED REPORT -MISSING EFT" Submitted by: Anna M Goodman, County Clerk Dale 2 CF2 IdWola https://mail.calhouncotx.org/WorldClient.dll?Session=Y889G31 SM.. From: "kdsutheriand@ag.tamu.edu -- Katherine Sutherland" <kdsutherland@ag.tamu.edu> To: "vern.lyssy@calhouncotx.org' <veru.lyssy@calhouncotx.org>,"david.hall@alhouncotx.org" <davld.hall@calhouncob org>,"ciyde.syma@alhouncobcorg" <dyde.syma@calhounmlx.org>, "Kenneth Finster (kenny.ftnsler@pct4.or9)" <kenny.0nsR r@pct4.org>, Susan Riley <susan.nley@calhounrabcorg> Cc: Donnie Montemayor<Donnle.Montemayor@ag.tamu.edu>, "Barbara A. Morelich" <Barbara.Morelich@ag.tamu.edu>, "Eric C. Taylor" <ec.taylor@ag.tamu.edu>, Geri Kline <Ged.Kline@ag.tama.edu>, Rhonda Cummins <rdcummins@aTtamu.edu> Date: 01/18(2018 02:02 PM Subject: December 2017 Commissloners Report and Travel - Attached are the Calhoun County Commissioner's reports and travel report. ", dfleurra Saz` ezearad Odlwz nosdt y? x &4 poor C2 ,,eV (JF4CK6Cd4G �oxt ,L�aaaea. ?exaa 77979 !3611552- 9747 Attachments: File: December 2017 Travei.pdt File: Conwt DHC 2017 pdf File: December Commissioners report Eric 'favlocodf File: Dec Commissioners report Cer LRline(31pdf Size: 332k Content Type: application/pdf Size: 31k Content Type: application/pdf Size: 34k Content Type: application/pdf Size: 41k Content Type: application pdf 1 of 1 1/18/2018, 2:21 PM I ADM 2.6 Reprint - 2.81 D-843 EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT Miles traveled: 352 Selected major activities since last report December 5-7: I received a free pass to attend portions of the Clean Gulf Conference & Exhibition in Houston. This Exhibition focuses on improving oil and hazardous materials spill prevention, preparedness and response for inland, offshore and coastal incidents. It was an excellent opportunity to learn more about this important aspect of protecting our bays and estuaries. December 12-15: Assisted with a series of afternoon fieldtrips with middle school students at Little Chocolate Bayou Park. A total of 38 students from Our Lady of the Gulf Catholic School came to the park for water quality monitoring and other activities. Each day had a different grade level participant. Two grades are working with the brackish drainage canal and the other grade is working with the freshwater ponds. Ongoing Hurricane Harvey Recovery Effort areas — • Meetings, phone calls, and emails with partners, collaborators, and colleagues • Solutions for shore erosion, salt tolerant plants • Supporting marine industry in Aransas county • Supporting marine industry in Calhoun County • On call for deployment as part of a financial technical assistance team. Direct Contacts by: Office: 5 E-mail/Letters: 325 Site: 48 Newsletters: 1,100 Phone: 27 Major events for next month — January January 2: Abatement crew arrived and began tearing out windows. January 2: Planning meeting for Cooking with Seafood January 10: Sea Grant conference call January I1-12: on leave January 15: Cooking with Seafood January 17: Performance Appraisal January 23-25: Afternoon fieldtrips with middle school students at Little Chocolate Bayou Park January 30: South Texas Contingency Zone Area Committee meeting Rhonda Cummins Name CEA - CMR Title Calhoun County December 2017 Date (Month -Year) Texas A&M AgriLife Extension • The Texas A&M University System • College Station, Texas Sea Grant Metrics • Number of Events: 0 o Number of People at Events: 0 • Number of Presentations: 0 o Number of People at Presentations: 0 • Number of K-12 Educational Activities: 3 o Number of Youth: 38 o Number of Educators: 1 • Number of Certificates Issued: 0 • Number of Volunteer Hours: 10 • Number of Volunteers: 7 ADM 2.6 Reprint - 2.81 D-843 EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT Miles traveled 312 Selected major activities since last report- December 2017 Dec 1-2: Help put on Coastal Bend Classic progress show and Clinic in Sinton. Dec 4: Gave presentation to Intercostal 4-H club on Consumer Decision Making. Dec 6: Attended 4-H training in Victoria Dec 7: Held food challenge practice Dec 12-13: Attended District TEA4-HA meeting Dec 14: Held Food Challenge practice. Direct Contacts: Phone:35 E-mail/Letters:425 Office: 12 Site:5 Major events for next month — January 2018 Jan 6: District Food Challenge. Livestock Judging, Food Challenge, Beef Quiz Bowl practices. Eric Taylor Calhoun Name County County Extension Agent — 4-H & Youth Development December 2017 Title Date (Month -Year) Texas AgrjLife Extension Service • The Texas A&M University System - College Station, Texas ADM 2.6 Reprint- 2.81 D-843 EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT Miles traveled 284 Selected major activities since last report- December 2017 December 5: Progressive Agriculture Safety Day Coordinator Training- Cedar Creek. December 12: Auxin Training (Webinar). December 13: Pecan In & MGMT Training- Cuero. December 14: Ell Archery Meet- Victoria. December 15: In -Depth Summaries Reports Due. December 18: Working on setting up new laptop. December 19: Office Conference. December 20: Producer came into office to get CEU's. December 21: Food Challenge practice. December 22: Reporting. Direct Contacts: Phone: 2.5 E-mail: 35 Office:37 Site: Major events for next month - January 2018 January 2: Getting new office windows. January 16: Crop Committee meeting. Retired Teachers Speech. January 17: Performance Evaluation. January 30: Texas Well Owners Network program. Geri L Kline Calhoun Name County County Extension Agent -Agriculture & Natural Resources December 2017 Title Date (Month -Year) Texas Agri Life Extension Service • The Texas A&M University System • College Station, Texas b } §\ \ \ \ /\ Ln ) . � )\ \w \ \ . »u@ \E) E\ � ) u a / ®3® ®_ \ ! \4 u //� !`) }\ (\ \\\\\\\\ �))/$)§\G\/ Qsrj/$�w8/� oaa ƒ{/S/} 4*^\\=Ei aaAw,®0ewwi :R§!2{§N{}\ «zea«e±l227 . -en � )\\�\\\\ (j b } CALHOUN County Program Personnel Directory Calhoun County 186 Henry Barber Way, Suite 1 Port Lavaca, Texas 77979 (361) 552-9747 Stephen Biles — EA -IPM MS — Agronomy County Tenure: 14 Extension Tenure: 20 Extension/ER Tenure: 20 Level III County Profile - 2017 Rhonda Cummins -CEA-CMR MMR - Marine Resource Management County Tenure: 10 Extension Tenure: 10 Extension/ER Tenure: 15.5 Level: III Geri Kline-CEA-AGNR MS - Agriculture & Consumer Resources County Tenure: New Extension Tenure: 2 Extension/ER Tenure: 2 Level I Population: 17,388 White: 40% Hispanic: 52% Black: 3% Other: 5% Eric Taylor-CEA-4HYD MS - Animal Science County Tenure: 3 Extension Tenure: 3 Extension/ER Tenure: 4 Level I TOTAL COUNTY CONTRIBUTIONS LAST YEAR THIS YEAR DIFFERENCE $198,583 $213,889 $15,306 Texas AgriLife Extension Service Educational Programs AGNR: The goal of the Agriculture and Natural Resource program is to provide research based information to the residents of Calhoun County. Educational programs are conducted in row crop production, beef cattle management, forage and horticulture. Continuing Education Units (CEU) are offered throughout the year to help producers maintain their pesticide applicators licenses. Horticulture assistance is also offered to all residents of Calhoun County. In addition, support is given to the 4-H program, including help with livestock projects, shooting sports and various competitions. CMR: Texas Sea Grant offers custom educational programs for youth and adults to help residents of coastal communities understand the importance of their local ecosystem and how to protect the estuaries. Program areas include: training and updates for commercial shrimp and oyster fishers; economic impact study of recreational fisheries; seafood selection, handling, preparation and marketing; monofilament recovery and recycling; habitat protection and restoration; educational scripts on low power radio station at Magnolia Beach; hurricane response and ongoing recovery efforts. 4HYD: Provide administrative oversight to the county 4-H program. The agent assists families with projects for local, county, and state level livestock shows. Provides support for the county level Jr. Livestock Show. The 4-H Agent teaches kids through a coordinated series of programs that enhance social, physical, and cognitive competencies. The agent also partners with multiple organizations to host Ag Awareness programs such as Ag in the Classroom and the Learn Grow Eat Grow gardening program to local youth. H'M: Field scouting and applied research projects were conducted with the goal of providing accurate and timely answers to the production issues facing the row -crop farmers of Calhoun, Refugio and Victoria Counties. These projects enabled the farmers to see comparisons of new technologies as they are coming to the market. Research projects such as these allow the farmer to make well informed decisions on how they might modify their production systems to increase net profits. texas A&M AgriLife Extension provides equal opportunities in its programs and employment to all persons, regardless of race, color, sex, religion, national origin, disability, age, genetic information, veteran status, sexual orientation, or gender identity." "The Texas A&M University System, U.S. Department of Agriculture, and the County Commissioners Courts of Texas Cooperating" From: ncruz@cclibrary.org -- Noemi Cruz <ncruz@cclibmry.org> Sent: Saturday, January 13, 2018 12:24 PM To: 'Susan Riley' Subject: Agenda Item #1 Hi Susan, Please add the following to the next Commissioners' Court meeting: 1) To accept donations -Thanks Noemi Cruz, Library Director Calhoun County Public Library 200 W. Mahan Port Lavaca, TX 77979 Phone 361.552.7250 ext. 23 Fax 361.552.4926 Email ncruz@cclibrarv.org Web www.cclibrary.org Calhoun County Public Library www.cclibrary.o.g 200W. Mahan I Part Lavaca, TX 77979 Ph: 361.552.7323 -rax: 361.552.5218 The following materials have been donated to the Calhoun County Public Library System during the month of DEC 2017 Books Donor 48 Books Unknown 16 Books Sara Peavy 2 Books Steve Serrill 1 Book S.W. Holmes 8 Books Robin Sikes 12 Books Latisha Anderson 4 Books Barry Hunter 2 Books Robert Roemer 15 Books James Smith Paperbacks 96 Paperbacks Unknown 2 Paperbacks Betty Evans 21 Paperbacks Robin Sikes 35 Paperbacks Latisha Anderson 2 Paperbacks Sara Peavy 4 Paperbacks Robert Roemer 27 Paperbacks James Smith Audio Books DVDS 24 DVD's Unknown 2 DVD's Shona Poe 3 DVD's Carey Scott Horn 8 DVD's R. Martinez Magazines 31 Magazines Others 3 CD-ROM's 2 VHS $ 100.00 Port Lavaca Library $ 25.00 Memorial Fund 250 Halloween Costumes 10 Halloween Wigs 10 Halloween Toys 23 Halloween Toys Betty Evans Unknown Unknown Richard Arroyo -Diaz & Christine Zapata -Arroyo Robin Sikes Wal-Mart Wal-Mart Wal-Mart Wal-Mart Susan Riley From: ncruz@cclibrary.org -- Noemi Cruz <ncruz@cclibrary.org> Sent: Saturday, January 13, 2018 12:25 PM To: 'Susan Riley' Subject: Agenda Item #2 Susan, Please add the following to the next Commissioners' Court meeting: 2) To accept items to be declared surplus/salvage Thanks Noemi Cruz, Library Director Calhoun County Public Library 200 W. Mahan Port Lavaca, TX 77979 Phone 361.552.7250 ext. 23 Fax 361.552.4926 Email ncruz@cclibrarv.org Web www.cclibrary.org Calhoun County Public Library www.cdihrary.org 200W. Mahan I Port Lavaca, TX 77979 Ph: 361.552.7323 Fax: 361.552.5218 DEC 2017 1 would like the following items to be declared Surplus/Salvage 319 BOOKS 279 PAPERBACKS 0 AUDIO BOOKS 0 MUSIC CD'S 72 DVD'S 504 MAGAZINES 2 VHS OTHERS 1 CD-ROM I Calhoun County Commissioners' Court — January 25, 2018 20. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 20) To accept donations to the Calhoun County Library. (See List) (MP) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 18 of 33 Calhoun County Commissioners' Court— January 25, 2018 21. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 21) To accept donations to Calhoun County. NO ACTION Page 19 of 33 I Calhoun County Commissioners' Court — January 25, 2018 22. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 22) To declare certain items of County Property at the Calhoun County Library as Surplus/Salvage. (See List) (MP) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 20 of 33 I Calhoun County Commissioners' Court — January 25, 2018 23. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 23) To declare certain items of County Property at the Calhoun County Clerk as Surplus/ Salvage. (See List) (MP) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 21 of 33 Calhoun County, Texas SURPLUSISALVAGE DECLARATION REQUEST FORM Inventory Number Description Department Name: Calhoun County Clerk Requested By: Anna M Goodman Commissioners' Court: 01/25/2018 Serial No. Reason for Surplus Salvage N/A 2 — 4 DRAWER LATERAL BLACK FILE N/A Not needed N/A CABINETS (36 INCH WIDE) N/A **ACQUIRED FROM DISTRICT CLERK'S N/A OFrICE** N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A NIA NIA N/A N/A N/A N/A N/A N/A N/A N/A NIA N/A U:\Agoodman\AGENDA ITRMS\Surplus-Salvage Request Form.0001251R.Doc Page 1 Calhoun County Commissioners' Court— January 25, 2018 24. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 24) To declare certain items of County Property at the Calhoun County Library as waste and authorize disposal of same. (See List) (MP) RESULT: APPROVED [UNANIMOUS] MOVER: Clyde Syma, Commissioner Pet 3 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 22 of 33 Susan Rile From: ncruz@cclibrary.org - Noemi Cruz <ncruz@cclibrary.org> Sent: Saturday, January 13, 2018 12:26 PM To: 'Susan Riley' Subject: Agenda Item #3 Susan, Please add the following to the next Commissioners' Court meeting: 3) To accept items to be declared waste -Thanks Noemi Cruz, Library Director Calhoun County Public Library 200 W. Mahan Port Lavaca, TX 77979 Phone 361.552.7250 ext. 23 Fax 361.552.4926 Email ncruz@cdibrary.org Web WWW.cclibra5.or2 Calhoun County Public Library 7-.cclibrary.org Zoo W. Mahan I Port Lavaca, TX 77979 Ph: 351.552.7323 Fax: 351.552.5218 DEC 2017 1 would like the following items to be declared Waste 0 BOOKS 11 PAPERBACKS 0 DVD'S 31 MAGAZINES Calhoun County Commissioners' Court — January 25, 2018 25. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 25) To declare certain items of County Property in the Office of Emergency Management as Waste (obtained through Homeland Security Grants) and authorize disposal of same. (See List) (MP) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 23 of 33 Calhoun County, Texas WASTE DECLARATION REQUEST FORM Department Name: Emergency Management Requested By: LaDonna Thigpen Inventory Number Description Serial No. Reason for Waste Declaration Homeland Motorola HT -1250 Portable 749HFJD592 Broken -Not repairable Security Radio Grant Homeland Motorola HT -1250 Portable 749HFJD593 Broken -Not repairable Security Radio Grant BATCH # 13898732 — UNIT # UND IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIII ORDER # 11645070 SHIPPER # LINE # 1A WORK ORDER # TQTY: 22 BQTY: 10 PRINT DATE MODEL DESC: HT1250130- I I% I p51IWII�uuu128CNNI QA00103AA _ IIIVIIINIIII��IBIII�II�IIII�II� UNIV UN6100270 MODEL# AAF BATCH # 7J0`Jt5lJL 111 1111111111111111111111111111111 *R# 11645070 # 1.0 22 BQTY: 10 _L DESC: HT125f1 136— UNIT # UND III IIIII IIIIIIIIIIIIIIIII SHIPPER # WORK ORDER # PRINT DATE 1-rild► I9RM 35A11 HKBN4UO3B 95A23 NAD6502AR OSA31 HKLN4225A 05821 HLN9714A 05622 HNN9008AR 05832 6881088037 05E13 RLM4803A 05033 PMUD1482BAN 05A11 HKBN40038 05A23 NAD6502AR 05A31 HKLN4226A 05621 HLN9714A 05822 HNN9008AR 05832 688108BC37 06EI3 RLN4883A 05833 PMUD1482BAN UNIT# UN6100265 MOOELN AAry268�� OFOAASAN ,i I Calhoun County Commissioners' Court — January 25, 2018 26. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 26) On the matter of declaring certain items of County property as surplus/salvage. PASS Page 24 of 33 Calhoun County Commissioners' Court — January 25, 2018 27. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 27) On matter of transferring certain items of County property in the Office of the County Clerk to the IT (MP) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 25 of 33 Calhoun County, Texas DEPARTMENTAL INVENTORY TRANSFER REQUEST FORM Department Name: Calhoun County Clerk Requested By: Anna M Goodman Commissioners' Court: 12121/2017 Inventory Number Description Serial No. to Transfer N/A I I SCANNER -KODAK i2400 147622927 I IT I N/A I I DESK AND CREDENZA 1 N/A IT I Received by: `" _ DatK. MMS\Transfer Request Form122117.IT.Doc Page l I Calhoun County Commissioners' Court— January 25, 2018 28. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 28) On matter of transferring a Desk and Credenza in the office of the County Clerk to the Sheriff's Department. (MP) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 26 of 33 Calhoun County, Texas DEPARTMENTAL INVENTORY TRANSFER REQUEST FORM Department Name: Calhoun County Clerk Requested By: Anna M Goodman Commissioners' Court: 12/21/2017 Inventory Number Description Serial No. Dept to Transfer N/A DESK & CREDENZA N/A SHERIFF'S OFFICE eived by: 0:\Agoodmau\AGENDA ITEMS\Transfer Request Farm.122117.SHRRIFF'S OFFICE.Doc Page 1 I Calhoun County Commissioners' Court —January 25, 2018 29. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 29) On matter of transferring certain items of County property from one County department to another County Department (See List) (MP) PASS Page 27 of 33 Calhoun County Commissioners' Court— January 25, 2018 30. APPROVAL OF PAYROLL (AGENDA ITEM NO. 30) PASS Page 28 of 33 Calhoun County Commissioners' Court — January 25, 2018 31. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 31) On any necessary budget adjustments. 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APPROVAL OF BILLS (AGENDA ITEM NO. 32) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster Page 30 of 33 January 25, 2018 2018 APPROVAL, LIST - 2017 BUDGET COMMISSIONERS COURT MEETING OF BALANCE BROUGHT FORWARD FROM APPROVAL LIST REPORT PAGE AT&T MOBILITY CARDMEMBER SERVICE- COUNTY CAVALLO ENERGY TEXAS LLC CITY OF POINT COMFORT CITY OF SEADRIFT CPL RETAIL ENERGY DAN HEARD FRONTIER COMMUNICATIONS MARIA SANCHEZ REPUBLIC SERVICES 9847 VOYAGER YOUNG PLUMBING 01/25/18 17 18 $167,225.11 AT $ $ 465.42 AT $ 15,327.15 AT $ 21,785.19 AT $ 32.20 AT $ 150.25 AT $ 40.39 TOTAL VENDOR DISBURSEMENTS: $ 116 00 DA: TRAVEL REIMBURSEMENT A/ ' A/P $ 107.72 WASTE MGMT: IN COUNTY TRAVEL A/P $ 16.05 A/P $ 5,947.23 A/P $ 10,547.44 RB3: REPAIRS TO WATER LINE A/P $ 10.95 TOTAL VENDOR DISBURSEMENTS: $ 221,771.10 , CALHOUN COUNTY INDIGENT HEALTH CARE AIP $ TOTAL TRANSFERS BETWEEN,FUNDS: $ 8,477.56 TOTAL AMOUNT FOR APPROVAL: $ 230,248.66 January 25, 2018 2018 APPROVAL LIST - 2018 BUDGET 19 COMMISSIONERS COURT MEETING OF 01/25/18 BALANCE BROUGHT FORWARD FROM APPROVAL LIST REPORT PAGE 18 $1,723,179.54 ELECTION PAYROLL FOR NOV 7TH, 2017 ELECTION P/R FICA P/R $ 51,771.04 MEDICARE P/R $ 12,107.72 FWH P/R $ 46,083.27 AFLAC P/R $ 3,735.12 COMBINED INSURANCE C/O PEOPLES UNITED BANK P/R $ 2,024.84 NATIONWIDE RETIREMENT SOLUTIONS P/R $ 5,981.96 OFFICE OF THE ATTORNEY GENERAL - CHILD SUPPORT P/R $ 2,708.80 PRINCIPAL FINANCIAL GROUP P/R $ 1,992.64 RELIANCE STANDARD LIFE P/R $ 4,158.16 TEXAS COUNTY & DISTRICT RETIREMENT SYSTEM P/R $ 208,413.39 TMPA P/R $ 308.00 TRUSTMARK P/R $ 2,974.28 UNITED WAY OF CALHOUN COUNTY P/R $ 10.00 WILLIAM E. HEITKAMP, TRUSTEE P/R $ 665.24 AT&T MOBILITY A/P $ 325.95 BEN E KEITH FOODS JAIL: GROCERIES A/P $ 6,857.74 CABLE ONE A/P $ 1,657.70 CAHOUN COUNTY GENERAL FUND A/P $ 0.75 FRONTIER COMMUNICATIONS A/P $ 432.70 LA WARD TELEPHONE EXC. INC. A/P $ 389.77 PROSPERITY BANK PURCHASECERTOFDEPOSrr A/P $ 5,000,000.00 STATE COMPTROLLER AT $ 149.90 TEXAS WAVENET WIRELESS A/P $ 344.96 TISD, INC A/P $ 599.92 TOTAL VENDOR DISBURSEMENTS: $ 7,076,873.39 EFT - TRANSFER FROM MONEY MARKET ACCT TO OPERATING ACCT (NOW) A/P $ TnTAT TRANr.gFF..RRRETWEENFUNDS: $ TOTAL AMOUNT FOR APPROVAL: $ 7,082,994.85 MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ----- January 25, 2018 PAYABLES AND PAYROLL 12/4/2017 McKesson Drugs 2,304.96 1217/2017 Weekly Payables 250,519.10 1217/2017 Returned Check 503 25.00 12/8/2017 Weekly Payables 471.67 12/8/2017 Returned Check 1026 100.00 12111/2017 Payroll 243,169.62 12/11/2017 Payroll by Check 5,803.16 12/11/2017 Payroll by Check 184.68 12/12/2017 Weekly Payables 290,410.06 12/12/2017 McKesson Drugs 1,168.46 1211212017 Payroll Liabilities 88,392.48 12/15/2017 TDCRS 169,126.05 12/15/2017 Weekly Payables 40,062.50 12/18/2017 McKesson Drugs 1,978.12 12/20/2017 Weekly Payables 434,182.44 12122/2017 Weekly Payables 6,667.95 12/22/2017 Payroll by Check 3,359.74 12/22/2017 Payroll" 249,455.72 12/22/2017 Payroll by Check 570.27 12/26/2017 Returned Check 103 30.00 12/27/2017 McKesson Drugs 3,836.31 12127/2017 Payroll Liabilities 90,977.86 12/28/2017 Weekly Payables 111,380.94 12/28/2017 Credit Card Invoice 1,670.15 12/31/2017 Monthly Electronic Transfers for Payroll Expenses(not incl above) 213.81 12/31/2017 Monthly Electronic Transfers for Operating Expenses 6,373.36 Total Payables and Payroll $ '2,002,434.41 INTER -GOVERNMENT TRANSFERS Total Inter -Government Transfers INTRA -ACCOUNT TRANSFERS from Private Waiver to MMC 816,822.61 Total Intra -Account Transfers $ 816,822.61 SUBTOTAL MEMORIAL MEDICAL CENTER DISBURSEMENTS $ 2,819,257.02 INDIGENT HEALTHCARE FUND EXPENSES $ 8,488.48' NURSING HOME UPL EXPENSES FOR December 2017 $ 4,484,848.68 IGT December 2017 MPAP NH Program $ MMC Construction $ From IBC Bank to Prosperity Bank Date Check# Name Amount 12/15/2017 172384 MMC Operating $ 337,361.59 12/19/2017 172385 MMC Operating $ 175,050.52 12/28/2017 MMC Operating $ 366,268.93 MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ---- January 26, 2018 INDIGENT HEALTHCARE FUND: INDIGENT EXPENSES Adu Sports Medicine Clinic ESS of Port Lavaca LLC HEB Pharmacy (Medimpact) Pharmacy Reimbursement MMCenter (In-patient 0 / out-patient $2,203.891 ER $891,84) Memorial Medical Clinic Port Lavaca Clinic Regional Employee Assistance Singleton Associates, PA Victoria Anesthesiology Assoc SUBTOTAL Memorial Medical Center (Indigent Healthcare Payroll and Expenses) Co -pays adjustments for December 2017 Reimbursement from Medicaid 280.38 79.62 281.82 3,095.73 439.00 100.69 163.65 28.07 141.41 4,610.37 4,166.67 Subtotal 8,777.04 (210.00) i 0 00 0 U a L V Q 41 O v 4 o w QQQ o a o W w rvU NU n �� O II-H� (71�- (7F 17H`" C�FFZZ � N O rUr�� ,„ c J, ma J�paj o P PU QV QV PV0 PUd '�y"o p a¢ 5x H woa, wa ah aw aV aV aV aVF aV a aa� min mQ mdV wd wd roQx md� [AC r V r M M r VOl R N N ti b O 0 o r 0 E `� rn rn rn r o a > > F a a v v bE w w 0 0 0 0 a a > > w0 0 0�¢ Q4 6 a0 o z a xy 3 03 03 03 w wa q¢ u o qG v i7 b b vl h Vl V1 h �O b � G �y N w w o o 0 o N V a w x o iN0 O ti N N Q N w 22 c7 c7 U V wy wh � O O x WzW 5m �W 00 00 0 is d 0 O aN U a{zh� =�0 Ko0 Opa q�wVa ¢a0 O r v b rn I 0 0 0 G ¢ F ¢O 3 ,A '� w F V p U h Ua0 V V.dp o a q vii F r rn P b b J 0o .Q1 rn r O O > w a � o ¢ w F r r t�t�1 z F z � a ti .7 U O 0 0 0 G N U U >>1 w h O 0 0 0 0 0 qo a ¢ ¢O ¢O 3 ,A '� w F P Ua0 V V.dp V 0¢O Oo uo r rn P b b J 0o .Q1 rn r O > w o h r r t�t�1 a ti .7 U O O W �] W N U U >>1 w h O 0 0 0 0 0 qo a 0 O() S i o o a 0 U � rN'1 vii O m N O O n q d. vNNi m W U U i' o -• F a A d ,� ae w a.� U A UP Ua'p ti Uo a '"Ll oa Nom o ¢U ¢z ¢Un. w.o ww0 wx y[o^ ro¢ oN %'o ^rla dw �a wdcz ..0 qq [[[^^^c -N x U ani FOaQ ^700 a 0 .N..� Fro ,Z w c OUO OCO3 .�On vFiU�W vFiUQ NU`.=' v�US 20°L QQ° X00 S FVQO NNSo QQ..•a W¢w AQ, Q6U Q� C]S w C].. 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CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 33) On single source, emergency and public welfare purchases and bills. PASS Page 31 of 33 Calhoun County Commissioners' Court — January 25, 2018 34. PUBLIC DISCUSSION OF COUNTY MATTERS Page 32 of 33 Calhoun County Commissioners' Court — January 25, 2018 SUPPLEMENTAL NOTICE 1AS. CONSIDER AND TAKE NECESSARY ACTION To declare fire restoration of precinct #2 building a discretionary exemption from competitive bidding in accordance with Local Government Code 262.023 (3). (VL) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pet I SECONDER: Vern Lyssy, Commissioner Pet 2 AYES: Judge Pfeifer, Commissioner Hall, Lyssy, Syma, Finster COURT ADJOURNED: 10:42 AM Page 33 of 33 Ladonna Thigpen From: cindy.mueller@calhouncotx.org -- Cindy Mueller <cindy.mueller@calhouncotx.org> Sent: Monday, January 22, 2018 10:09 AM To: 'Susan Riley'; ladonna thigpen Cc: shannon salyer; Clyde Syma; david.hall@calhouncotx.org; Kenny Finster; mike pfeifer, vernlyssy Subject: Agenda Item Request on behalf of Commissioner Lyssy, Please place the following item on the agenda for January 25, 2018: Consider and take necessary action to declare fire restoration of Precinct Two building a discretionary exemption from competitive bidding in accordance with Local Government Code 262.023 (3). Cindy Mueller Calhoun County Auditor 202 S. Ann, Suite B Port Lavaca, TX 77979 Phone 361.553.4610 Fax 361.553.4614