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2019-12-04 CC MINUTES 2.pdfCommissioners' Court— DECEMiBER 04, 2019 REGULAR 2019 TERM r� DECEMBER 04, 2019 BE IT REMEMBERED THAT ON DECEMBER 04, 2019, THERE WAS BEGUN AND HOLDEN A REGULAR TERM OF COMMISSIONERS' COURT. 1. CALL TO ORDER This meeting was called to order at 10:00 A.M by Judge Richard Meyer. 2. ROLL CALL THE FOLLOWING MEMBERS WERE PRESENT: Richard Meyer David Hall Vern Lyssy Clyde Syma Gary Reese Anna Goodman Catherine Sullivan County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 County Clerk - ABSENT Deputy County Clerk 3. INVOCATION &PLEDGE OF ALLEGIANCE (AGENDA ITEM NO. 2 & 3) Invocation —Commissioner David Hall Pledge to US Flag &Texas Flag —Commissioner Gary Reese/Vern Lyssy Page 1 of 12 Commissioners' Court- DECEMBER 04, 2019 4. General Discussion of Public matters and Public Participation. N/A Page 2 of 12 Commissioners' Court — DECEMBER 04, 2019 S. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 5) To approve the 2020 VINE Service Agreement between Calhoun County and Appriss Insights and authorize the County Judge to sign. (RM) Renette Todd of the Calhoun County Sheriff's Office spoke on this matter. RESULT: APROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Bern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma„Reese Page 3 of 12 Mae Belle Cassel From: jmusick@apprisssafety.com (Jonathan Musick) <Jmusick@appnsssafety.com> Sent: Friday, November 8, 2019 2:59 PM To: richard.meyer@calhouncotx.org; susan.riley@calhouncotx.org; renette.todd@calhouncotx.org; cindy.mueller@calhouncotx.org Subject: [WARNING -Remote attachments, verify sender] 2020 Calhoun County VINE Service Agreement Attachments: 2020 Calhoun County VINE Service Agreement.pdf Hello, I'm contacting you today regarding the 2020 Texas VINE Service Agreement. Please review the details provided below to help ensure timely tracking and processing of the 2020 Calhoun County VINE Service Agreement for the VINE (Victim Information & Notification Everyday) Program. Attached is the 2020 Calhoun County VINE Service Agreement referenced in the Grantee Contract and recent messaging from the OAG. PLEASE BE ADVISED This agreement is between Appriss and Calhoun County. 1. To ensure appropriate tracking of the Service Agreements, we are requesting you notify us when you are planning to submit the VINE Service Agreement to the County Commissioners Court for approval. 2. Please note there are three (3) sections where you will need to provide appropriate contact information. These sections are as follows: a. Section 9.4 Security Breach Procedures; Page 8. This section is critical to ensure that we have appropriate points of contact in the event of a security breach. b. Section 13.2 Notice; Page 13. This section is critical to ensure that we have an appropriate point of contact to provide any formal notice. c. Signatures; Page 15. Please include the appropriate signatures) for your county. In the event there are multiple signatories required you may include them in the white space provided on Page 15 of the Service Agreement, Note: We do request that they follow in the same format as provided. 3. Once the Service Agreement is completed and signed, please return one scanned copy to Appriss to myself (jmusick@appriss.com) and Brittany Cooper (bcooper(a appriss.com). - You may also mail a copy to the following: Appriss Insights ATTN: Brittany Cooper orlon Musick 9901 Linn Station Road, Ste. 500 Louisville, KY40223 4. In addition to providing a copy to Appriss please send one copy to Chris Gersbach at the Texas Attorney General's Office — MC-005 at P.O. Box 12548, Austin, TX 78711-2548 or email a scanned copy to Chris.Gershach c texasattorneygeneraLPov; and 5. Please retain a copy for your records. Please Note: You should have already received your SAVNS Maintenance Contract from the OAG (Grantee Contract) to cover the costs for services through August 31, 2020. If you have any questions regarding the OAG's contracts, please contact Chris Gersbach at (512) 936-1653 or email him at Chris.Gersbachetexasatterney^eneral.�cv. If you have any questions or need additional information, please contact Account Specialist Brittany Cooper at (502) 276- 2277 or Client Relationship Manager Jon Musick at (502) 815-3810. Respectfully, Jon Musick Client Relationship Manager Appriss Insights 9901 Linn Station Rd, Ste. 500 Louisville, KY40223 NOTICE: This electronic mail transmission is for the use of the named individual or entity to which it is directed and may contain information that is proprietary and/or confidential. It is not to be transmitted to or received by anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It is not to be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, delete it from your system immediately without copying or forwarding it, and notify the sender of the error by replying via email, so that our address record can be corrected. PARTICPATING ENTITY SERVICES AGREEMENT FOR THE STATEWIDE AUTOMATED VICTIM NOTIFICATION SERVICE (SAVNS) Contract No. 20192044900-326-01 WHEREAS, the Office of the Attorney General (OAG) is the Texas State agency tasked with certify ng a statewide vendor to provide a Statewide Automated Victim Notification Service (SAVNS) to a variety of political subdivisions of the State of Texas, including counties, county Sheriffs, clerks and attorneys, district attorneys, and courts. ("Participating Entities") WHEREAS OAG solicited offers to perform the development, implementation and execution of a Statewide Automated Victim Notification System (SAVNS) on behalf of the various Participating Entities and accepted the offer of Appriss Inc. in response to the Request for Offer (RFO) for SAVNS, RFO #302-19-SAVNS, dated March 11, 2019; WHEREAS OAG has certified and contractedwith Appriss Inc. ("Vendor') as the statewide vendor to provide SAVNS to each of the Participating Entities ("OAG Certification Agreement") a copy of which is attached hereto as Exhibit A; NOW, THEREFORE, THIS CONTRACT is entered into by and between Calhoun County, Texas ("Named Entity") as a Participating Entity and VENDOR. Named Entity and VENDOR may be referred to in this Contract ("Contract") individually as "Party" or collectively as "Parties." The Parties, in consideration of their respective promises, agreements, and covenants contained and recited herein, hereby agree to the mutual obligations and performances described in this Contract as follows: SECTION 1: CONTRACT TERM. This Contract shall commence on September 1, 2019 or on the date the final signature is affixed hereto, whichever is later ("Effective Date") and shall terminate on August 31, 2020. ("Initial Term"). This Contract may be renewed for four (4) additional one (1) year renewal terms (each a "Renewal Term"), only to the extent the OAG Certification Contract, attached hereto as Exhibit A, remains in effect, and in the sole and absolute discretion of Named Entity. If renewed, any Renewal Term shall begin on September 1 and end on August 31, always coinciding with the State's fiscal year. Each such Renewal Term shall be subject to all specifications and terms and conditions of this Contract, the OAG Certification Contract, and the Incorporated Documents as defined in Section 2 below. The Initial Term collectively with all Renewal Terms and all total extensions of services hereunder shall constitute the "Term" of the Agreement. SECTION 2: CONTRACT DOCUMENTS. Vendor and Named Entity agree to be bound by the provisions contained in the following documents ("Incorporated Documents"), which describe the required performances in more detail and are incorporated by reference herein in their entirety in descending order of precedence: 1. Special Provisions and Negotiated Terms ("Special Provisions") attached hereto and incorporated by reference; 2. This Contract; 3. OAG Certification Agreement including all attachments, and Addenda not attached hereto but known to and in the possession of both Parties and incorporated herein by reference; 4. OAG Standard Terms and Conditions as attached to the RFO, not attached hereto but known to and in the possession of both Parties and incorporated herein by reference; 5. The RFO #302-19-SAVNS, dated March 11, 2019 including all posted documents, attachments, and Addenda ("RFO"), not attached hereto but known to and in the possession of both Parties and incorporated herein by reference. 6. Vendor written response to submissionto the RFO, as accepted, not attached hereto but known to and in the possession of both Parties and incorporated herein by reference ("Vendor Response") however the Vendor Response as incorporated herein shall be considered to exclude Table 8 of the Response (p. 31) and the Proposed Exceptions to Exhibit A. Exhibit B. and Exhibit C of the Response (pp. 35-125). Ifthere is, and to the extentof, any con flictbetweenthe Incorporated Documents, such conflictwill be resolved according to the order of precedence as set forth above. Capitalized terms used herein and not otherwise defined shall have the same meaning as in the applicable Incorporated Document, SECTION 3: SERVICES TO BE PERFORMED BY VENDOR. 3.1 Proiect• Vendor agrees to configure, operate, maintain, support and provideNamed Entity access to the SAVNS system as set forth in the RFO and the Vendor Response, (collectively the "Scope of Work" or "SOW") which shall meet all of the requirements set forth in Section 4 of the RFO and Section 2 of the OAG Certification Agreement, all in accordance with the requirements of the Incorporated Documents referenced in Section 2 ("Project"). 3.2 Scope of Services. This Project includes but is not limited to the following services (collectively the "ParticipatingEntity Services"): (a) VINE© (Victim Informationand Notiticafion Everyday). VINE makes it easy for victims and concerned citizens to obtain timely information about criminal cases and the custody status of offenders held in local jails or state prisons. There are two versions of VINE that are currently supported by the Vendor: "Classic VINE" and "Enhanced VINE." Appriss has been in the process of migrating states from the Classic VINE platform to the entirely new Enhanced VINE platform since 2016. Enhanced VINE offers a new experience, going beyond notifications, and facilitating a greater degree of information sharing between public servants, victims, and service providers. It offers a suite of new and augmented features, incorporating self- service functionality, andprovidingthe end-userwith theability to select preferred pathways of communication. The new platform brings transformative benefits to victims and victim service providers alike. Appriss's long- term plan is to migrate all states to the Enhanced VINE technology platform to better serve the growing needs of victims of crime, victim advocates, law enforcement and criminal justice professionals. (b) VINE® Courts. VINE Courts is a fully automated service that keeps crime victims and criminal justice professionals informed regarding the progress of their court cases. Users can access court information around the clock by calling a toll -free telephone number or logging on to www.vinelink.com. 'They can also register to be notified by phone, e-mail, text message, or TTY about upcoming court and hearing dates related to criminal justice proceedings, cancellations, continuances, disposition changes, and other events. (c) "VINE Software" means VINE© and VINE® Courts (as detailed above and within the Vendor Response), including all designs, documents, inventions, software, copyrightable material, patentable and unpatentable subject matter, and all modifications, improvements, upgrades and derivative works made thereto. (d) Vendor shall provide Named Entity access to VINE® and VINE® Courts as outlined in Section 3.2(d) and pursuant to the requirements of the Incorporated Documents and at the rate included in the Pricing Index, incorporated herein as Exhibit B, for the term of this Contract. Vendor shall ensure Named Entity has access to the Classic VINE Platform upon commencement of this Contract but shall migrate Named Entity to the Enhanced VINE platform within the Term of this Contract pursuant to the schedule agreed by Vendor and OAG under the terms of the OAG Certification Agreement. Named Entity Particiaatine Entities County Jail [Yes] � District Court [Yes] � County Court [No] 3.3 Ownership of Vendor Intellectual Property: Licenses. Vendor retains all ownership rights in the VINE _ Software and all documents, designs, inventions, copyrightable material, patentable and unpatentable subject matter and other tangible materials authored or prepared by the Vendor (the "Intellectual Property") in connection with the Services. Vendor hereby grants the OAG duringthe term of this Agreement, a limited, non- exclusive, non -transferable, non-sublicensable license to use the VINE Software in connection with the provision by Vendor of the VINE Services for the OAG's internal purposes only. Nothingherein shall grant the OAG a license to the source code of the VINE Software. Notwithstanding the foregoing, all documents, reports, plans, copyrightable material, patentable and unpatentab le subject matter and other tangible materials authored or prepared by the Vendor and requited to be delivered to OAG by the Incorporated Documents shall be subject to Article V of the OAG Standard Terms and Conditions. SECTION 4: SCHEDULE 4A Time is of the Essence. Time is of the essence in rendering of Participating Entity Services required by this Contract. 4.2 Performance Schedule. The Project shall be performed by Vendor according to a schedule to be mutually agreed by the Parties ("Schedule") which shall set forth the required delivery dates of each report, plan, or other deliverable as required by the Incorporated Documents, SECTION 5: COMPENSATION AND INVOICING 5.1 Payments for Services Rendered, The Parties stipulate and agree that OAG is the statutory party charged with administering and providing grant funds to Participating Entities on a reimbursement basis for the Participating Entity Services rendered by the Vendor. Accordingly, OAG shall not be directly responsible for any payment to Vendor for Participating Entity Services provided to Named Entity hereunder. All payments for such Participating Entity Services shall be made by Named Entity in accordance with the agreed pricing index ("Agreed Pricing Index") incorporated herein as Exhibit B and pursuant to the terms of this Contract. 5.2 RecurringFees. The Parties stipulate and agree that the Named Entity's total amount of compensation to be paid to Vendor in consideration of full, satisfactory performance of all Vendor's duties, services and obligations as set forth in this Contract, shall be billed on a recurring quarterly basis, in accordance with the Agreed Pricing Index, and not to exceed $2,003.24 per calendar quarter. ("Quarterly Fee'. 5.3 Invoicin . The Participating Entity Services for the Project shall be performed for the Quarterly Fee, which will be billed and invoiced in accordance with the Agreed Pricing Index and pursuant to the terms of this Contract and the RFO. Invoices will contain all pertinent information such as this Contract number, the dates of Services rendered, and any outages or performances issues as identified in Section 7 of this Contract. 5A Invoice Submission. Prior to authorizing payment to Vendor, Named Entity shall evaluate Vendor's performance using the performance standards set forth in the SOW. Vendor shall provide invoices for Participating Entity Services no later than the 15th day following the end of the prior billing quarter in which the Participating Entity Services are rendered. No payment whatsoever shall be made under this Contract without the prior submission of detailed, correct invoices. By submission of the invoices, Vendor is warranting the following: (1) its invoices have been carefully reviewed to ensure that all invoiced services have been performed or delivered; (2) that the Participating Entity Services have been performed in compliance with all terms of the Contract and Incorporated Documents; and (3) all relevant performance and deliverab les associated with such invoice have been successfully completed, accepted and all supporting documentation is attached. Upon the request of Named Entity, Vendor agrees to submit any additional documentation or explanation Named Entity may reasonably require. Subject to the foregoing, Named Entity must make all payments in accordance with the Texas Prompt Payment Act. 5.5 MyropriatedFunds.PaymentsunderthisContractare subject totheavailabilityofappropriated funds. Whereas OAG provides grant dollars to the Named Entity as a reimbursement of the Quarterly Fees due hereunder, Vendor acknowledges and agrees that payments for Participating Entity Services provided under this Contract are contingent upon OAG's receipt of funds appropriated by the Texas Legislature, SECTION6: ADDITIONALSERVICES 6.1 Additional Services. Named Entity may requirethe Vendor to perform additional services from among the optional services that are set forth in the SOW which are not included in the Participating Entity Services required under this Contract ("Additional Services"). Vendor shall offer any such Additional Services at the same rate as proposed in Vendor's Pricing Submission as attachedandincorporated into the Vendor's Response. 6.2 Additional Servicesto be Mutually Agreed. No workorservices shall commence, orproducts provided, unless and until the applicable fees, and all other impacts on the Project and Schedule as specified by Vendor are mutually agreed upon, in writing, by Named Entity and Vendor. No Additional Services or any applicable fees associated therewith shall be deemed to modify this Contract or obligations between Named Entity and Vendor except to the extent the Additional Services are mutually agreed upon, in advance in writing, and by both Named Entity and Vendor. 6.3 Liability for Additional Services. Vendor acknowledges and agrees that any Additional Services provided under this Contract are the sole responsibility of Named Entity. Any grant dollars issued by the OAG to Named Entity shall be utilized solely as a reimbursement for the Quarterly Fees incurred for Vendor's provision of the ParticipatingEntity Services. OAG grant funds may not be used or obligated for any Additional Services provided hereunder. :�OC�Y_[I]►`I/A7ala�CU:71%L�►iif�i�Z7:yYil`CH: ► 1 u 1 1 `! 7.1 Performance Reports. 7.1.1 Projects) Reporting. Pursuant to Section 4.2 of this Contract, Named Entity and Vendor shall agree on a Schedule to perform the Project which shall set forth the dates of each report, plan, or other deliverable as required by the Incorporated Documents. Notwithstanding the foregoing, Vendor shall provide Named Entity and/or the OAG with monthly written progress reports ("Progress Reports") of the Project's performance, which shall, at minimum, identify any problems encountered or still outstanding with an explanation of the cause and resolution of the problem or how the problem will be resolved. Additional performance related measurables shall be agreed upon between Named Entity and Vendor. For the avoidance of doubt, Vendor shall only provideProgress Reports related to implementation ofthe Projector unique projects for Named Entity. Progress Reports shall not be required for any portion of the Project already implemented as of the Effective Date. 7.1.2 Service Reporting. Upon Named Entity's written request, the Vendor, shall provide a report that includes the followingnational platform data for the prior month: SAVNS system down time, includingthe SAVNS core system, interface services, and notification interfaces. 7.2 Performance Remedies. In the event the Participating Entity Services provided by Vendor hereunder do not maintain a reliable 99.9%uptime-performance each calendar• month for the SAVNS core system, Named Entity interface services, and notification interfaces, the Named Entity may withhold any Quarterly Fee due to the Vendor funds under Section 5 of this Contract based on a pro-rata amount equal to the duration ofthe outage for any prior billing quarter. The amount of withholding shall be calculated on a proportional amount for all Participating Entity Services provided to Named Entity in the billing quarter in which the monthly 99.9% uptime-performance requirement was not met. Accordingly, any outage in any portion of the SAVNS core system, Named Entity interface services, and notification interfaces for registered parties, shall be counted against the 99.9% uptime performance requirement. Notwithstand ingthe foregoing, the Vendor shall not be responsible due to any delay caused by, and shall not have its uptime-performance impacted by: schedule amendments requested by the OAG (including any requests of Named Entity and any third party vendors of the OAG or the Named Entity); delays as the result of activity that is the responsibility of the OAG; delays that are otherwise agreed upon by the parties; any other delay not specifically addressed herein but that is otherwise caused by the acts or omissions of the OAG, Named Entity or any third party vendors of the OAG and Named Entity; and any delays caused by a Force Majeure Event as defined in the Section 15.10 of the OAG Standard Terms and Conditions. SECTION 8: WARRANTIES 8.1 Vendor Warranties. In addition to any warranty obligations in the Incorporated Documents, Vendor hereby represents and warrants: (a) that Vendor shall perform the Project with the professional skill and care ordinarily provided by comparable professionals in the same industry; (b) that each of the Vendor employees and agents assigned to perform Vendor's obligations under this Contract and Incorporated Documents, shall have the skill and training to perform the Project in accordance with the foregoing standard of care, and that all work shall be produced in a professional and workmanlike manner; (c) that the SAVNS system shall materially conform to the requirements as set forth in this Contract, and in the SOW and Incorporated Documents; (d) that all deliverables provided hereunder shall materially conform to the requirements as set forth in this Contract, and in the SOW and Incorporated Documents; (e) that all Project performance and deliverables provided under the Contract are, and will be, free of all liens, claims and other restrictions, and that Named Entity's use and possession of such deliverables will not violate the terms or conditions of any license, confidentiality agreement, non - competition agreement, employment agreement or any other agreement to which Vendor, its agents, officers, employees or subcontractors may be subject; (f) that Vendor has the right to develop and assign all ownership rights in the deliverables to DAG as contemplated under this Contract, free from infringement claims, free from violations of unfair competition law, and flee from violations of any other contact or law; and (g) that Vendor will implement reasonable and appropriate measures to prevent unauthorized disclosure or exposure of Named Entity Protected Data during Vendor's performance of the Participating Entity Services due under this Contract and the Incorporated Documents. These representations and warranties are essential and material to Named Entity's willingness to enter into this Contract. 8.2 Warranty ofLaw. Vendor warrants and represents that to the best of its knowledge: (i) Vendor has full authority to enter into this Contract and to consummate the transactions contemplated hereby and (ii) this Contract is not prohibited by any other agreement to which Vendor is a party or by which it may be bound (the "Legal Warranty"). In the event of breach of the Legal Warranty, Vendor shall indemnify and hold harmless Named Entity from and against any and all losses, damages, causes of action, claims, demands, and expenses (including reasonable legal fees and expenses) incurred by Named Entity, directly arising out of or resulting from said breach. SECTION 9: DATA PROTECTION AND INFORMATION SECURITY 9.1 Definitions. Capitalized terms used herein shall have the meanings set forth in this Section 9. (a) "Authorized Employees" shall mean Vendor's employees who have a need to know or otherwise access Named Entity Protected Data to enable Vendor to perform its obligations under this Contract or any of the Incorporated Documents. (b) "Authorized Persons" shall mean (i) Authorized Employees; and (ii) Vendor's contractors or agents, as each is specified on Exhibit C to this Contract who have a need to know or otherwise access Named Entity Protected Data to enable Vendor to perform its obligations under this Contract or any of the Incorporated Documents, and who are bound in writing by confidentiality obligations sufficient to protect Named Entity Protected Data in accordance with the terms and conditions of this Contract. (c) "Named Entity Protected Data" shall mean all documents, reports, data, records, forms, and other materials obtained by Vendor from the Named Entity or is otherwise received by Vendor from any person or entity registered to receive notifications from the SAVNS system, as a result of providing the Participating Entity Services as required under this Contract or any of the Incorporated Documents which includes personally identifiable information, federal tax information, personal health information, criminal justice information, or any information that is classified as confidential or sensitive by federal or state law, by agency policy, or is defined as "Personal Identifying Information" under Texas Business and Commerce Code §521.002(a)(1) or "Sensitive Personal Information" as defined by Texas Business and Commerce Code §521.002(a)(2) or any other data or information which (i) has been marked as confidential by any party; (ii) whose confidential nature has been made known to the Vendor Named Entity or any individual registered to receive notifications under the SAVNS system; or (iii) that due to their character and nature, a reasonable person under like circumstances would treat as confidential. (d) "Personal Identifiable Information" shall have the meaning set forth in Texas Business and Commerce Code §521.002(a)(1). (e) "Named Entity's Data" shall mean all documents, reports, data, records, forms, and other materials obtained by Vendor from Named Entity or is otherwise received by Vendor as a result of providing the Participating Entity Services as required under this Contract or any of the Incorporated Documents, without regard to whether such data includes the type of information included in the definition of Named Entity Protected Data. (f) "Security Breach" means (i) any act or omission that materially compromises either the security, confidentiality or integrity of Named Entity Protected Data, or the physical, technical, administrative or organizational safeguards put in place by Vendor or any Authorized Persons that relate to the protection of the security, confidentiality or integrity of Named Entity Protected Data, (ii) receipt of a complaint in relation to the privacy practices of Vendor or any Authorized Persons or a breach or alleged breach of this Contract relating to such privacy practices. (f) "Sensitive Personal Information" shall have the meaning set forth in Texas Business and Commerce Code §521.002(a)(2). 9,2 Standard of Care. (a) Vendor acknowledges and agrees that, during the course of its engagement by Named Entity, Vendor may receive or have access to Named Entity Protected Data. Vendor shall comply with the terms and conditions set forth in this Contract, the RFO, and OAG Information Security Standards (Attachment 4 to the RFO) in its collection, receipt, transmission, storage, disposal, use and disclosure of both Named Entity Protected Data and be responsible for the unauthorized collection, receipt, transmission, access, storage, disposal, use and disclosure of Named Entity Protected Data under its control or in its possession by all Authorized Employees and/or Authorized Persons. Vendor shall be responsible for and remain liable to Named Entity for the actions and omissions of all Authorized Persons that are not Authorized Employees concerning the treatment of Named Entity Protected Data as if they were Vendor's own actions and omissions. (b) In recognition oftheforegoing,Vendoragreesandcovenantsthatitshall: (i) keep and maintain all Named Entity Protected Data in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use or disclosure; (ii) use and disclose Named Entity Protected Data solely and exclusively for the purposes for which the Named Entity Protected Data, or access to it, is provided pursuant to the terms and conditions of this Contract, and not use, sell, rent, transfer, distribute, or otherwise disclose or make available Named Entity Protected Data for Vendor's own purposes or for the benefit of anyone other than the OAG or Named Entity in each case, without Named Entity's prior written consent or as permitted in subsection (c) below; and (iii) not, directly or indirectly, disclose NamedEntity ProtectedData to any person orentity other than its Authorized Employees and/or Authorized Persons ("Unauthorized Third Party") without the prior express written consent from Named Entity, unless and to the extentrequired by applicable law or court order in which case, Vendor shall (1) use best efforts to notify OAG before such disclosure or as soon thereafter as reasonably possible; (2) be responsible for and remain liable to OAG for the actions and omissions of any Unauthorized Third Party concerning the treatment of such Named Entity Protected Data as if they were Vendor's own actions and omissions; and (iii) require the Unauthorized Third Party that has access to Personal Information to execute a written agreement agreeing to comply with the terms and conditions of this Contract, the RFO, and the OAG Information Security Standards (Attachment 4 to the RFO) relating to the treatment of Named Entity Protected Data. (c) Notwithstanding anything in the foregoing subsection (b), Vendor is authorized by Named Entity to utilize Named Entity Protected Data only to the extent such Named Entity Protected Data is related to a Defendant or to a Defendant Status Change (hereinafter "SAVNS Defendant Data") for the limited purpose of providing or improving Vendor's own existing products and services identified in the Appriss Data Overview to Law Enforcement Agencies and Government Agencies. For the purposes of this paragraph, "utilize" includes, but is not limited to, receiving, maintaining, disseminating, retaining, or otherwise providing access to any information obtained or extrapolated from SA VNS Defendant data obtained under the SAVNS program. "Government Agency" means an organization created by or pursuant to the Constitution ofthe United States or the constitution of a state of the United States and operated for public purposes. The term "Government Agency" shall not include any quasi -governmental entity or government -sponsored enterprise or corporation. "Law Enforcement Agency" means a Government Agency or an organizational unit within a Government Agency with authority to enforce state or federal criminal laws, which includes, but is not limited to, prevention, detection, and investigation of crime, and the apprehension and incarceration of alleged offenders; (d) Nothing in this Section 9.2 shall be construed to limit Vendor's use of non -confidential data made available to the public or otherwise in the public domain. 9.3 Information Security. (a) Vendor represents and warrants that its collection, access, use, storm, disposal and disclosure of Named Entity Protected Data does and wil I comply with all applicable federal, state, and local privacy and data protection laws, as well as all other applicableregulations and directives, including but not limited to Texas Business and Commerce Code Chapter 521, Texas Administrative Code Chapter 202 and the Health Insurance Portability and Accountability of 1996 (HIPAA) and all amendments thereto. (b) Withoutimutingvendor'sobligationsunderSection9.3(a)above,Vendorshallimplement administrative, physical and technical safeguards to protect Named Entity Protected Data. Vendor shall, upon request, submit to Named Entity security framework implemented in Vendor's organization, such as International Organization for Standardization's standards: ISO/IEC 27001:2013 ,Code of Practice for International Security Management, the Information Technology Library (ITIL) standards, the Control Objectives for Information and related Technology (COBIT) standards or other applicable industry standards for information security, and shall ensure that all such safeguards, including the manner in which Named Entity Protected Data is collected, accessed, used, stored, processed, disposed of and disclosed are in compliance with and in addition to the OAG Information Security Standards (Attachment 4 to the RFO). (c) In addition to and inclusive of the requirements set forth in OAG Information Security Standards (Attachment 4 to the RFO), at a minimum, Vendor's safeguards for the protection of Named Entity Protected Data shall include: (i) limiting access of Named Entity Protected Data to Authorized Employees/Authorized Persons; (ii) securing business facilities, data centers, paper files, servers, back-up systems and computing equipment, including, but not limited to, all mobile devices and other equipment with information storage capability; (iii) implementing network, device application, database and platform security; (iv) securing information transmission, storage and disposal; (v) implementing authentication and access controls within media, applications, operating systems and equipment; (vi) encrypting Sensitive Personal Information stored on any mobile media; (vii) encrypting Sensitive Personal Information transmitted over public or wireless networks; (viii) strictly segregating Named Entity Protected Data, and information from its other customers so that Named Entity Protected Data is not commingled with any other types of inform aton; (ix) implementing appropriate personnel security and integrity procedures and practices, including, but not limited to, conducting background checks consistent with any applicable state or federal law; and (x) providing appropriate privacy and information security training to Vendor's employees, contractors, or agents. (d) During the term of each Authorized Employee's employment by Vendor, Vendor shall at all times cause such Authorized Employees to abide strictly by Vendor's obligations under this Contract, the RFO, and the OAG Information Security Standards (Attachment4 to the RFO). Upon Named Entity's written request, Vendorshall promptly identify for Named Entity in writing all Authorized Employees as of the date of such request. 9.4 Security Breach Procedures (a) Vendorshall: (i) provide Named Entity with the name and contact information for an employee of Vendor who shall serve as Named Entity's primary security contact and shall be available to assist Named Entity twenty-four (24) hours per day, seven (7) days per week as a contact in resolving obligations associated with a Security Breach; (ii) notify Named Entity of a Security Breach as soon as practicable, but no later than twenty-four (24) hours after Vendor becomes aware of it; and (iii) notify Named Entity of any Security Breaches by telephone at the following number: and by e-mailingNamed Entity with a read receipt at and with a copy by e-mail to Vendor's primary business contact within Named Entity. (b) Immediately fo I lowing Vendor's notification to Named Entity of a Security Breach, the parties shall coordinate with each otherto investigate the Security Breach. Vendor agrees to reasonably cooperate with Named Entity in Named Entity's handling of the matter, including, without limitation: G) assisting with any investigation; (ii) providing Named Entity with physical access to the facilities and operations affected; (iii) facilitating interviews with Vendor's employees and others involved in the matter, and (iv) making available all relevant records, logs, files, data reporting and other materials required to comply with applicable law, regulation, industry standards, this Contract, the RFO Contract, the RFO, and the OAGInformation Security Standards (Attachment 4 to the RFO) or as otherwise reasonably required by Named Entity. (c) Vendor shall use best efforts to immediately remedy any Security Breach and prevent any further Security Breach at V endor's expense in accordancewith applicable privacy rights, laws, regulations and standards. Vendorshall reimburse Named Entity for actual costs incurred by Named Entity in responding to, and mitigating damages caused by, any Security Breach, including all costs of notice and/or remediation pursuant to Section 9.4(d). (d) Vendor agrees that it shall not inform any third party of any Security Breach without first obtaining Named Entity's prior written consent, except to the extent required under Texas Business and Commerce Code Chapter 521 or any other applicable law, or as is otherwise required by the OAG under the OAG Certification Contract. Notwithstanding the foregoing, Vendor shall provide prior written. notice to Named Entity of its intent to inform any third -party other than the OAG of any Security Breach and identify the applicable law the Vendor believes requires such disclosure. (e) In the event of any Security Breach, Vendorshall promptly use its best efforts to prevent a recurrence of any such Security Breach, 9.5 Oversieht of Security Compliance. Upon Named Entity's written request, to confirm compliance with this Contact, the RFO, the OAG Information Security Standards (Attachment 4 to the RFO) as well as any applicable laws and industry standards, Vendor shall promptly and accurately complete a written information security questionnaire provided by Named Entity or a third party on the Named Entity's behalf regarding Vendor's business practices and information technology environment in relation to all Named Entity Protected Data being handled and/or services being provided by Vendor to Named Entity or any of the Participating Entities pursuant to this Contract or the Incorporated Documents. Vendor shall fully cooperate with such inquiries. Named Entity shall treatthe information provided by V endor in the security questionnaire as Vendor's confidential, proprietary information under Section 10.1 below. 9.6 Return or Destruction of Named Entity Protected Data. At any time during the teen of this Contract at the Named Entity's writtenrequest or uponthe termination or expiration of this Contract for any reason, Vendor shall, and shall instruct all Authorized Persons to, promptly return to the Named Entity all copies, whether in written, electronic or other form or media, of Named Entity in its possession or the possession of such Authorized Persons, or securely dispose of all such copies, and certify in writing to the Named Entity that such Named Entity Protected Data has been returned to Named Entity or disposed of securely. Vendorshall comply with all reasonable directions provided by Named Entity with respect to the return or disposal of Named Entity Protected Data, 9.7 Equitable Relief. Vendor acknowledges that any material breach of its covenants or obligations set forth in this Section 9 may cause Named Entity irreparable harm for which monetary damages may not be adequate compensation and agrees that, in the event of such breach or threatened breach, Named Entity may be entitled to seek equitable relief, including a restraining order, injunctive relief, specific performance and any other relief that may be available from any court, in addition to any other remedy to which Named Entity may be entitled at law or in equity. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available at law or in equity, subject to any express exclusions or limitations in this Contract to the contrary. 9.8 Material Breach. Vendor's failure to comply with any of the provisions of this Section 9 is a material breach of this Contract. In such event, Named Entity may terminate the Conttact for cause, effective immediately upon written notice to the Vendor without further liability or obligation to Named Entity. This immediate termination for cause shall be in addition to any rights to termination contemplated under Section 11.2(a) below and shall not be subject to any written notice or cure period required therein. 9.9 Indemnification. In addition to any of the other indemnification or hold harmless obligations of Vendor provided for within this Contract, the RFO or the OAG's Standard Terms and Conditions, Vendor shall also defend, indemnify and hold harmless the State of Texas and OAG, the Named Entity and/or their officers, agents, employees, representatives, contractors, assignees, and/or designees (collectively the "Named Entity Indemnitees') from and against all losses, damages, deficiencies, actions, judgments, interest, awards, penalties, fines, reasonable costs or expenses, including reasonable attorneys' fees, the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, arising out of or resulting from any third party claim against any Named Entity Indemnitee arising out of or resulting from Vendor's failure to comply with any of its obligations under this Section 9. 9.10 OwnershipandUseofNamedEntity'sData. NotwithstandinganythinginthisContracttothecontrary, nothing contained herein shall be construed to grant the Vendor any ownership rights in any Named Entity's data provided to Vendor in connection with this Contract, the SOW, or any of the Incorporated Documents. With the exception of information in the public domain, Vendor shall not sell, provide, or otherwise commercialize Named Entity's Data without the prior written consent of Named Entity. Vendor shall only use the Named Entity's Data in connection with the Participating Entity Services required hereunder and otherwise consistent with this Contract and the Incorporated Documents. Notwithstanding the foregoing, Vendor is authorized by Named Entity to utilize Named Entity Data only to the extent such Named Entity Data is related to a Defendant or to a Defendant Status Change (hereinafter "SAVNS Defendant Data") for the limited purpose of providing or improving V endor's own existingproducts and services identified in the Appriss DataOverview to Law Enforcement Agencies and Government Agencies as attached to the Special Provisions. Forthe purposes of this paragraph, "utilize" includes, but is not limited to, receiving, maintaining, disseminating, retaining or otherwise providing access to any information obtained orextrapolated from SAVNS Defendant data obtained under the SAVNS program. "Government Agency" means an organization created by or pursuant to the Constitution of the United States or the constitution of a state of the United States and operated for public purposes. The term "Government Agency" shall not include any quasi-govemmental entity or government - sponsored enterprise or corporation. "Law Enforcement Agency" means a Government Agency or an organizational unit within a Government Agency with authority to enforce state or federal criminal laws, which includes, but is not limited to, prevention, detection, and investigation of crime, and the apprehension and incarceration of alleged offenders. SRCTION 10: CONFIDENTIALITY 10.1 Named Entitv's Responsibilities. Named Entity hereby agrees that (i) specific identified methodologies, materials, plans, or other proprietary information related to the development and implementationoftheSAVNS systemasprovidedby Vendorunderthis Contract shall be treated as confidential in nature and shall be subjectto the various ownership provision of the Incorporated Documents; (ii) Named Entity shall implement reasonable and appropriate measures designed to secure the confidentiality of such confidential information, and (iii) except as permitted by the SOW and Section 10.2 of this Contract, none of such materials shall be in any way disclosed by Named Entity to any third party, in whole or in part, without the prior written consent of Vendor. If Named Entity becomes aware of the unauthorized possession of such materials, it shall promptly notify Vendor. Notwithstandinganythingin this Contractto the contrary, anyrepolt, plan, or other deliverable required to be providedto Named Entity pursuantto the Incorporated Documents shall not be considered to be confidential in nature and Named Entity is under no obligation to maintain the confidentiality thereof. 10.2 Named Entity Compliance and Vendor Cooperation with Texas Public Information Act Requests. Notwithstanding any provisions of this Contractto the contrary, Vendor understands that NamedEntity will comply with the Texas Public Information Act, Texas Government Code, Chapter 552 as interpreted byjud icial opinions and opinions of the Attorney General of the State of Texas. Named Entity agrees to notify Vendor in writing within a reasonable time, of a request for information related to Vendor's work under this Contract Vendor will cooperate with Named Entity in the production of documents responsive to the request. Named 10 Entity will make a determination whether to submit a Public Information Act request to the Attorney General. Vendor will notify Named Entity General Counsel within twenty-four (24) hours of receipt of any third -party requests for information that was provided by the State of Texas foruse in performing this Contract and all data and other information genetated or otherwise. Vendor is required to make any information created or exchanged with Named Entity, the State of Texas, or any of its agencies pursuant to this Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. 10.3 Vendor's Resoonsibilities. Vendorherebyagreesthat(i)anyinformationrelatedtotheofficialbusiness of Named Entity that Vendor obtains from Named Entity in the course of the performance of this Contract is the confidential and proprietary information of Named Entity, (ii) Vendor shall implement reasonable and appropriate measures designed to secure the confidentiality ofsuch information, and (iii) such information shall not be in any way disclosed by Vendor to any third party, in whole or in part, without the prior written consent of Named Entity, which may be granted or withheld in its sole discretion. If Vendor becomes aware of the unauthorized possession of such information, it shall promptly notify Named Entity. Vendor shall also assist Named Entity with preventing the recurrence of such unauthorized possession and with any litigation against the third parties deemed necessary by Named Entity to protect its proprietary rights. 10.4 Exclusions. Each party shall be a receiving party ("Receiving Party") relative to the other party's confidential information. The provisions of this Section 10 ("Confidentiality") shall not apply to any information (i) that is in the public domain prior to the disclosure or that becomes part of the public domain, or otherwise becomes publicly known, by publication or otherwise, other than by way of a breach of this Contract by the Receiving Party, (ii) that was known to, or in the lawful possession of the Receiving Parry without obligation, as the case may be, prior to the disclosure in connection with the Contract, (iii) that was disclosed to the Receiving Party by a third party who was in lawful possession of the information and who had the right to make such disclosure at the time of the disclosure, (iv) that was independently developed by the Receiving Party outside the scope of this Contract, or (v) that Receiving Party, is required to disclose by law or legal process, in which case Receiving Party shall notify the owning party so that action may be taken to protect the affected confidential information. Notwithstanding any other provision herein to the contrary, all provisions in this Section 10 are subject to the Public Information Act, as further described in the Contract. Further, nothing in this Section 10.4 shall be deemed to alter, limit, or otherwise modify any of Vendor's obligations related to the use and protection of Named Entity Protected Data pursuant to Section 9 of this Contract, the RFO, and OAG Information Security Standards (Attachment 4 to the RFO). SECTION 11: TERMINATION 11.1 Termination by Vendor. Vendor may terminate this Contract in Named Entity commits any material breach under this Contract and fails to remedy such breach within (30) days after written notice of such breach is delivered by Vendor to Named Entity. 11.2 Termination by Named Entity. (a) For•Cause.NamedEntityshallhavetherighttoterminatethisContract(reservingcumulatively all other rights and remedies under this Contract, the RFO, and the Incorporated Documents, in law and/or in equity) without further obligation or liability to Vendor if Vendor or any subcontractor to Vendor commits any material breach of this Contract and fails to remedy such breach within thirty (30) days after written notice by Named Entity to Vendor of such breach. Named Entity shall have the right to terminate this Contract effective immediately and without prior notice if Vendor goes into liquidation or files for bankruptcy. (b) Non -appropriations. Named Entity may terminate this Contract if funds sufficient to pay its obligations under the Contract are not appropriated: i) by the governing body on behalf of local governments; ii) by the Texas legislature on behalf of the OAG; or iii) by budget execution authority provisioned to the Governor or the Legislative Budget Board as provided in Chapter 317, Texas Government Code. In the event of non -appropriation, Vendor will be provided ten (10)calendar days written notice of intent to terminate. In 11 the event of such termination, the Named Entity will not be considered to be in default or breach underthis Contract, nor shall Named Entity be liable for any further payments ordinarily due under this Contract, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. (c) For convenience. Notwithstanding the foregoing or anything in this Contract or the Incorporated Documents to the contrary, Named Entity reserves the right to terminate the Contract at any time, in whole or in part, without penalty, by providingthirty (30) calendar days advancewritten notice to the Vendor, subject to the advance written approval of such termination by the OAG or in the event OAG determines that such termination is in its best interest or the best interest ofthe State of Texas or the Named Entity.In the event of such a notice of termination, Vendor shall, unless otherwise mutually agreed upon in writing, cease all work immediately. Named Entity shall be liable for payments limited only to the portion of work Named Entity authorized in writing and which the Vendor has completed, delivered to Named Entity per the Contract requirements, and which has been accepted by Named Entity as of the date of termination. Named Entity shall have no other liability or obligationto Vendor, including, without limitation, no liability for any costs of any kind associated with the termination. 11.3 Effect of Termination. Termination of this Contract shall not affect any rights and/or obligations of the parties which arose prior to any such termination and such rights and/or obligations shall survive any such termination. Upon termination, each party shall return the confidential property of the other party obtained under this Contract or the Incorporated Documents, as applicable, however excluding all Work Product as that is defined in OAG Standard Terms and Conditions, Article I, Definitions, produced pursuant to this Contract which shall remain the property of Named Entity. In addition, the confidentiality obligations of the parties in Section 11 ("Confidentiality") shall survive the termination of this Contract. SECTION 12: LIMITATIONS ON LIABILITY AND INDEMINITIES 12.1 Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CONTRACT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF ANTICIPATED PROFITS OR REVENUES IN CONNECTION WITH OR ARISING OUT OF THE SUBJECT MATTER OF THIS CONTRACT, 12.2 Indemnification. In addition to the indemnification and holdharmless obligations of Vendor in this Contract included in Section 8.2 and Section 9.9 above, Vendor shall: (a) DEFEND, INDEMNIFY AND HOLD HARMLESS NAMED ENTITY AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALLLIABILITY, ACTIONS, CLAIMS, LOSSES, DEMANDS, OR SUITS, AND ALL REASONABLE COSTS, ATTORNEY FEES, AND EXPENSES DIRECTLY ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS, NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE VENDOR OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, SUPPLIERS, OR SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT, THE DEFENSE TO ANY SUCH ACTION, CLAIM, DEMAND, OR SUIT SHALL BE COORDINATED BY VENDOR WITH NAMED ENTITY AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE ADVANCE, WRITTEN CONCURRENCE FROM NAMED ENTITY. THE VENDOR AND NAMED ENTITY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. (b) DEFEND, INDEMNIFY AND HOLD HARMLESS NAMED ENTITY AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL THIRD PARTY CLAIMS INVOLVING INFRINGEMENT OF UNITED STATES PATENTS, COPYRIGHTS, TRADEMARKS, SERVICE MARKS, TRADE SECRETS AND ANY OTHER INTELLECTUAL PROPERTY OR INTANGIBLE PROPERTY RIGHTS IN CONNECTION WITH ANY DELIVERABLE PROVIDED HEREUNDER, THE WORK OR PERFORMANCE OR ACTIONS OF VENDOR PURSUANT TO THIS CONTRACT, OR NAMED ENTITY'S USE OF ANY DELIVERABLE 12 OR WORK PRODUCT PROVIDED BY VENDOR, VENDOR AND NAMED ENTITY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. VENDOR SHALL BE LIABLE TO PAY, AND/OR REIMBURSE NAMED ENTITY FOR, ALL JUDGMENTS, CLAIMS, DAMAGES, LOSSES, AND COSTS OF DEFENSE INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, COURT COSTS AND SIMILAR EXPENSES, THE DEFENSE TO ANY SUCH ACTION, CLAIM, DEMAND, OR SUIT SHALL BE COORDINATED BY VENDOR WITH NAMED ENTITY AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE ADVANCE, WRITTEN CONCURRENCE FROM NAMED ENTITY. THE VENDOR AND NAMED ENTITY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM, VENDOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS NAMED ENTITY AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LOSSES, LIABILITIES, DAMAGES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES INCURRED BY NAMED ENTITY AND/OR THE STATE OF TEXAS ARISING OUT OF OR RESULTING FROM BREACH OF ANY WARRANTY OBLIGATION HEREUNDER. THE FOREGOING SHALL NOT APPLY TO ANY INFRINGEMENT ARISING OUT OF: (1) USE OF THE VINE SOFTWARE OTHER THAN IN ACCORDANCE WITH APPLICABLE DOCUMENTATION OR INSTRUCTIONS SUPPLIED BY THE VENDOR OR FOR OTHER THAN THE NAMED ENTITY'S INTERNAL PURPOSES; (II) ANY ALTERATION, MODIFICATION OR REVISION OF THE SOFTWARENOT EXPRESSLY AUTHORIZED IN WRITING BY THE VENDOR; OR (III) THE COMBINATION OF THE VINE SOFTWARE WITH SOFTWARE, DATA, PRODUCTS AND/OR SERVICES NOT PROVIDED BY THE VENDOR SECTION 13: GENERAL 13.1 Waiver, Amendment or Modification. The waiver, amendmentormodificationof any provision of this Contractor any right, power or remedy hereunder shall not be effective unless made in writing and signed by both parties. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereundershall operate as a waiverthereof. Neitherthe executionof this Contract by NamedEntity, any provision herein, nor any other conduct of Named Entity relating to this Contract or any of the Incorporated Documents, will be considered a waiver of sovereign or governmental immunity. 13.2 Notice. All notices under this Contract shall be in writing and shall be deemed to have been duly given if del iveredin person, by commercial overnightcourieror by registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: To VENDOR: Appriss Inc. ATTN: Client Relations, Victim Services 9901 Linn Station Road Louisville, KY 40223 To NAMED ENTITY: 14.3 No Third -Party Beneficiaries. This Contract is not intended to create any right in or for the public, or any member of the public, any subcontractor, supplier or any other third party, or to authorize anyone not a party to this Contract to maintain a suit to enforce or take advantage of its terms. 13 14.4 Successors and Assigns. Neither party may assign this Contract in whole or part without the prior written consent of the other party. Any attempt to assign this Contract without the prior written consent of the other party is void and without legal effect, and such an attempt constitutes a material breach and grounds for termination by the other party. Subject to the foregoing, all of the terms, conditions, covenants and agreements contained herein shall inureto the benefit of, and be binding upon, any successor and any permitted assignees of the respective parties hereto. It is further understood and agreed that consent by either party to such assignment in one instance shall not constitute consent by the party to any other assignment. A transfer of corporate control, merger, sale of substantially all of a party's assets and the like shall be considered an assignment for these purposes. 14.5 Dispute Resolution. [Intentionally left blank]. 14.6 Governing Law. The validity, construction and performance of this Contract and the legal relations among the parties to this Contract shall be governed by and construed in accordance with the laws of the State of Texas without giving effectto its conflictof law principles. The venue of any suit arising under this Contract is fixed in any court of competentjurisdiction of Calhoun County, Texas. 14.7 Independent Contractor. Vendor, in performance of this Contract, is acting as an independent contractor. Vendor personnel (including personnel supplied by subcontractors) hereunder are not Named Entity's personnel or agents, and Vendor assumes full responsibility for their acts. Vendor shall be solely responsible forthe payment ofcompensation of Vendoremployees andcontractors assigned to perform services hereunder, and such employees and contractors shall be informed that they are not entitled to the provision of any Named Entity employee benefits. Named Entity shall not be responsible for payment of worker's compensation, disability or other similar benefits, unemployment or other similar insurance or for withholding income or other similar taxes or social security for any Vendor employee, and such responsibility shall solely be that of Vendor. 14.8 Severability. In the event any one or more of the provisions of the Contract shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Contract shall be unimpaired, and the invalid, illegal or unenforceable provision shall be replaced by a provision, which, being valid, legal and enforceable, comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision. 14.9 Entire Agreement; Inconsistent Terms. This Contract, all exhibits, appendices, and schedules attached hereto and/or otherwise incorporated by reference herein, and the Incorporated Documents are the complete and exclusive statement of the agreement between the Named Entity and the Vendor, and supersede any and all other agreements, oral or written, between the parties. This Contract may not be modified except by written instrument signed by the Named Entity and by an authorized representative of the Vendor. The parties apee that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate the Vendor. 14.10 Counterparts. This Contract and other Incorporated Documents which are requiredto be duly executed, may be executed in counterparts and by the exchange of signatm•es by facsimile orPDF. [Signature Page Follows] 14 Appriss Inc. BY: Signature Joshua P. Bruner Name Named"l:nttt'v BY: Signature 4. f'GxtArcL 14 e 4 e-a- Name EXHIBITS TO THIS CONTRACP: 11/4/2019 Date EVP Operations & GM Victim Services & Programs Title I�Fi� �. tf— EXHIBITA -Executed OAG Certification Agreement EXHIBITB—Agreed Pr•Icinglndex not attachedhereto butknown to and in thepossession ofbothPmties and incorporated herein by reference EXHIBITC — Vendor's ListofAuthorizedPersons, not attached hereto but known to and in the possession of both Parties and incorporatedherein by reference IS Commissioners' Court—DECEMBER 04, 2019 6. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 6) On the Port Alto Shoreline Restoration Construction Services FNI Project No. CCY17350 and authorize Commissioner Syma to sign the Professional Service Agreement with Freese and Nichols. (CS) Pass Page 4 of 12 Clyde Syma Calhoun County Commissioner, Precinct 3 24627 State Hvry, 172^Olivia, Port Lavaca, Texas 77979 _ Office (361) 893-5346 � Fax (361) 893-53W Email: clvde.svma(a)calhomcotx.org November 25, 2019 Honorable Richard Meyer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: Agenda Item Dear Judge Meyer: Please place the following item on the Commissioner's Court Agenda for Dec. 4, 2019. • Please Consider and Take Necessary Action on Port Alto Shoreline Restoration Construction Services FNI Project No. 0CY17350 and authorized Commissioner Syma to sign the Professional Service Agreement with Freese and Nichols. Sincerely, 6� f 'c" Clyde Syma Commissioner Pet. 3 PROFESSIONAL SERVICES AGREEMENT —ATTACHMENT A Ctyde Syma, Precinct 3 Commissioner Calhoun County 24627 State Highway 172 Port Lavaca, TX 77979 ProjeM Name: Part Alto Shoreline Restoration Construction Services Description of Services: See Attachment SC. Deliverables: See Attachment SC. Schedule: See Attachment SC. TASK AUTHORIZATION Calhoun County Task Authorization No. 3 FNI Project No. CCY37350 Master Agreement Executed on May 13, 2016 and expires on December 31, 2020 Compensation shall be: Not -to -Exceed $29,fi35.00 in accordance with Attachment Cq All other provisions, terms and conditions of the Professional services Agreement which ore not expressly amended shall remain in full force and effect. FREESE AND HOLS, INC/ BY. Robert W. Chambers, PG Print Name TITLE: Vice President 9 DATE: CAIHOUN COUNTY BY: Print Name TITLE: DATE: d. FNI shall advise Client as to the necessity of Client's providing or obtaining data or services from others and assist Client in connection with any such services. Geotechnical investigation and boundary surveying is not included in Basic Services, B. DESIGN PHASE: FNI shall provide professional services in this phase as follows: 1. An updated field topographic survey will be conducted to quantify current conditions of the borrow areas and the fill areas. This field survey effort will be performed by Naismith Marine. The previous topographic survey was collected prior to Hurricane Harvey, and it is necessary to collect updated survey information to provide current Information needed to update the bid documents. This survey effort will include a topographic/bathymetric survey, establishment/recovery of project benchmarks, and location of private property lines near borrow sites, to clearly delineate where work is to be done. 2. Update drawings and specifications. FNI anticipates that updates may be required to: a. Temporary erosion control plan b. Cut/fill quantities c. Location of known pipelines and property boundaries d. Project control (post survey) e. Bid specifications 3. Furnish such information necessary to utility companies whose facilities may be affected or services may be required for the Project. 4. Prepare revised opinion of probable construction cost. 5. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed. 6. Provide design submittals at 90% and 100% design milestones. 7. Furnish Client three (3) sets of printed copies and one (1) electronic copy (.pdf format) of drawings, specifications, and bid proposals marked "Preliminary" for approval by Client, for each design submittal as described above. Upon final approval by Client, FNI will provide Client one (1) set of reproducible "Final" drawings and one (1) loose set of specifications for reproduction by Client. 8. FNI staff shall attend meetings with County or their representatives. This Scope of Services includes weekly half-hour meetings for a 4-week period, plus two additional one -hour meetings. If additional meetings are required, those meetings will constitute an Additional Service. C. CONSTRUCTION PHASE GENERAL REPRESENTATION: FNI will proceed with the performance of construction phase general representation services as described below. FNI will endeavor to protect Client in providing these services, However, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. These services are based on the use of FNI standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures are an additional service. If general conditions other than FNI standards are used, the Client agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsultants on this project to be listed as an additional insured on contractor's Insurance policies. 1. Assist Client in conducting pre -construction conference with the Contractor. 2. Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract, 3. Make up to two site visits to the construction site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the Client against defects and deficiencies in the work of Contractors and will report any observed deficiencies to Client. Visits to the site in excess of the specified number are an Additional Service, 4. Notify the Client of non -conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. S. Interpret the drawings and specifications for Client and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by Client, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 6. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the Client to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the Client. Documentation of field orders, where cost to Client is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Client are an additional service. Substitutions of materials or equipment or design modifications requested by the Client are an additional service. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Client on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the Client if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. SC-4 8. Conduct, in company with Client's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of one trip is an Additional Service. ARTICLE II SPECIAL SERVICES: FNI shall render the following professional services, which are not included in the Basic Services described above, in connection with the development of the Project: 1. None Identified ARTICLE III ADDITIONAL SERVICES: Any services performed by FNI that are not included in the Basic Services or Special Services described above are Additional Services. Additional Services to be performed by FNI, if authorized by Client, may include the following: • Geotechnical Investigation — It is our understanding this will be provided by others. A geotechnical engineer may be required to provide a detailed examination of the existing sediment borrow areas relative to the placement areas. This effort will provide depth and quality of borrow material, and how it compares to areas of placement. This may be avoided with written permission from Owner with a full understanding of the risks. • Boundary Survey A new magnetometer survey and probing to field locate all existing gas mains in proximity to the project area. • Floodplain Study • Easement Designation • Structural design (including Site Retaining Walls, foundations, breakaway wall design, and anchoring analysis) • Design services necessary to relocate the borrow site due to conflicts with gas pipelines, conflicts with property boundaries, conflicts with project access due to existing infrastructure, and/or maintaining compliance with existing Section 10/404 permits. Permit Fees • Storm Water Pollution Prevention Plan Development and Permitting • Environmental studies including endangered species investigation, wetland determination, archeological investigation, Section 10/404 CWA permitting, and Phase 1 ESAs • Construction staking • Unanticipated engineering services associated with issues that may arise during construction. Should any of these services be desired or required, an additional scope and fee proposal may be necessary. • Once design is reviewed and approved by owner, any modifications to such plans may be considered as additional services. ARTICLE IV TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services in accordance with the following schedule: • Review Existing Bid Documents —30 days from notice -to -proceed. • Survey —60 days from notice -to -proceed • Update Construction Documents — draft construction documents will be submitted to Client within 30 days from completion of survey. Final construction documents will be submitted to Client within 14 days of receipt of comments or approval from Client. Construction Phase services and project management will occur from notice -to -proceed for the full duration of construction activities If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may Include but are not limited to delays In Client or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in Attachment CO. ARTICLE V RESPONSIBILITIES OF CLIENT: Client shall perform the following in a timely manner so as not to delay the services of FNI: A. Client recognizes and expects that change orders may be required to be issued during construction. The responsibility for the costs of change orders will be determined on the basis of applicable contractual obligations and professional liability standards. FNI will not be responsible for any change order costs due to unforeseen site conditions, changes made by or due to the Client or Contractor, or any change order costs not caused by the negligent errors or omissions of FNI. Nothing in this provision creates a presumption that, or changes the professional liability standard for determining if, FNI is liable for change order costs. It is recommended that the Client budget a minimum of 5% for new construction and a minimum of 10% for construction that includes refurbishing existing structures. B. Designate in writing a person to act as Client's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define Client's policies and decisions with respect to FNI's services for the Project. C. Provide all criteria and full information as to Client's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Client will require to be included in the drawings and specifications. D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. E. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this Agreement. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Client deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay, or cause rework in, the services of FNI. G. Client shall make or arrange to have made all subsurface Investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. Client shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by Client. H. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as Client may require or FNI may reasonably request with regard to legal issues pertaining to the Project Including any that maybe raised byContractor(s), such auditing service as Client may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as Client may require to ascertain thatContractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. If Client designates a person to serve in the capacity of Resident Project Representative who is not FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of this Agreement before the Construction Phase of the Project begins. Said attachment shall also set forth appropriate modifications of the Construction Phase General Representation services as defined in Attachment SC, Article I, D, together with such adjustment of compensation as appropriate. J. Attend the pre -bid conference, bld opening, preconstruction conferences, construction progress and other job -related meetings and substantial completion inspections and f nal payment inspections. K. Give prompt written notice to FNI whenever Client observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. L. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article III of this Agreement or other services as required. M. Bear all costs incident to compliance with the requirements of this Article V. ARTICLE VI DESIGNATED REPRESENTATIVES: FNI and Client designate the following representatives: Client's Designated Representative Clyde Syma Calhoun County Commissioner Precinct 3 24627 State Highway 172 Port Lavaca, TX 77979 Phone: 361-893-5346 Email: Clyde.Syma@calhouncotx.org Client's Accounting Representative FNI's Designated Representative— FNI's Accounting Representative — Cynthia Mueller 202 S. Ann, Suite B Port Lavaca, TX 77979 361,553,4610 c i n dy.mueller@calhouncotx.org Juan Moya 10431 Morado Circle BS-S 300 Austin, Texas 78759 512-617-3134 Juan,moya@freese.com Kelly Shriver 4055 International Plaza, Ste. 200 Fort Worth, TX 76109 817-735-7351 KJS@freese.com DocuSign Envelope ID: 8CF95896-B6D5AC9C-853C-4DE097ofA866 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft complete Nos. 1- 4 and 6 if there are Interested parties. OFFICE USE ONLY Complete Nos, 1, 21 30 5, and 6 if there are no Interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of pusiness. 2019-559608 Calhoun County, TX Calhoun County, TX United States Date Filed: 11/07/2019 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County,TX Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. PSA Port Alto Emergency Shoreline Protection Nature of interest 4 Name of Interested Party City, state, Country (place of business) (check applicable) Controlling Intermediary Wolfhope, John Austin, TX United States X Taylor, Jeff Houston, TX United States X Nichols, Mike Fort Worth, TX United States X Milrany, Cindy Fort Worth, TX United States X Johnson, Kevin Dallas, TX United States X Greer, Alan Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Cole, Scott Fort Worth, TX United States X Pence, Bob Fort Worth, TX United States X 6 Check only if there Is NO Interested Party. ❑ 6 UNSWORN DECLARATION Ste hanie Stephenson My name Is P P ,and my date j�6� t�r�s�lt1 of birth is + My address is _ (street) (city) (state) (zip wde) (country) I declare under penalty of perjury that the foregoing is true and correct Executed in Tarrant County, State of Texas on the? day of Nov 20 19 , (month) (year) 000eslaned by: Signature of authori"(DecAINcting business entity (Dec ara ) Forms provided by Texas Ethics Commission vvww.ethics.state.tx.us Version V1.1.3a6aaf7d ACOR" CERTIFICATE OF LIABILITY INSURANCE PATE IMNUDD YYYY) Ill 1IM2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ames & Gough 8300 Greensboro Dr, PHONE FAX aD—No. E r. 703-827-2277 me Na :703-827-2z79 Suite 980 noIL oin : admin ames ou h.corrl INSURER(S) AFFORDING COVERAGE NAIC9 McLean VA 22102 INsURERA: Continental Casualty Company CNA) A, XV 20443 INSURED FREEAND-02 INSURER B: Hartford Casualty Insurance Company A+ XV 29424 Freese and Nichols, Inc. 4055 International Plaza, Suite 200 INsuRER c: Trumbull Insurance Company A+ XV 27120 Fort Worth TX 76109 INSURER o: Hartford Underwriters Insurance Company A+ XV 30104 INSURER E: Twin City Fire Insurance Com an A+ (XV 29459 "I INSURER F: COVERAGES CERTIFICATE NUMBER: 1472294825 REVISION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS -SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR LTR TYPE OF INSURANCE ADDL imqn SUER wyn POLICY NUMBER IMMUDWEAF1 IMMOMDODMI LIMITS D X COMMERCIAL GENERAL LIABILITY -XI CLAIMS-MADE OCCUR 42UUNNI6224 10/2312019 10/23/2020 EACH OCCURRENCE S14000,000 PREMISES Ma cocumencrt $14000,00 MED EXP (Any one person) $10,000 PERSONAL A ADV INJURY S 11001000 GENL AGGREGATE LIMIT APPLIES PER: POLICY[fl PRO- JECT LOC OTHER; GENERALAGGREGATE S2,000,000 PRODUCTS-COMP/OPAGG S2,000.000 $ E AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS 42UENNIGNS 10/2312019 10I2312020 COMBINED SINGLE LIMIT aBIaoa _,_,____- BODILY INJURY (Per person) S _ 1,510 DOD S X BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident S S B X UMBREUALIAB X EXCESS LIAR OCCUR CLAIMS -MADE 42XHU811267 10/2312019 10/232020 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 OED I X I RETENTIONS 10,000S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORMARTNER/EXECUTIVE OFFICERIMEMSER EXCLUDED'! (Mandatory lnNH) Ifyyes, descnbe under DESCRIPTIONOPOPERATIONS below N/A 42WBCU2821 10123/2019 10/2U2020 X' PER STATUTE OT - ER E.L. EACH ACCIDENT S14000400D -""'— E.L. DISEASE. EA EMPLOYEE S1,000,000 EL DISEASE, POLICY LIMIT S1,000,000 A Professional Liability AEH008214422 10/2312019 10/2312020 5,000,0001per Gelm 10,000,000 aggr DESCRIPTIONOFOPERATIONSf LOCATION$/VEHICLES (ACORD 401, Additional Remarks Schedule, maybe attached if more space is required) Re: Port Alto Emergency Shoreline Protection SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICV PROVISIONS. Calhoun County, TX 24627 State Highway 172 AUTHORjPRESEfITATIVE Port Lavaca TX 77979 ACORD 25 (2014l01) - The ACORD name and logo are registered marks of ACORD Commissioners Court —DEUMBM04, 2019 7. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 7) To transfer $29,635.00 from GOMESA funds to the Port Alto Shoreline Restoration Construction FNI Project No. CCY17350 for services provided by Freese and Nichols post Hurricane Harvey. (RM) Pass Page 5 of 12 Clyde Syma Calhoun County Commissioner, Precinct 3 24627 State Hwy. 114�wu ia, Port Lavaca, Texas 77979 � Office (S61) 893-6346 w Fax (861) 893-5309 Email: clyde.svma0calhouncotx.om November25, 2019 Honorable Richard Meyer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: Agenda Item Dear Judge Meyer: Please place the following item on the Commissioner's Court Agenda for Dec. 4, 2019. • Please Consider and Take Necessary Action on transfer of $29,635.00 from the GOMESA Funds to UIe PortAlto Shoreline Restoration Construction kNI Project No. U x 17350 for services provided by Freese and Nichols post Hurricane Harvey, Sincerely, C Clyde Syma Commissioner Pet. 3 Commissioners' Court —DEC EMBER04, 2019 8. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 8) To approve an agreement between Tyler Technologies, Inc. and Calhoun County District Clerk's Office and authorize Judge Meyer to sign. (RM) RESULT: APROVED [UNANIMOUS] MOVER: David Hall, Commissioner;Pct 1 SECONDER: Clyde Syma, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 6 of 12 Anna Kabela From: Claudia.Martinez@tylertech.com (Martinez, Claudia) <Claudia.Martinez@tylertech.com> Sent Wednesday, November 20, 2019 11:38 AM To: Anna Kabela Subject [WARNING -Remote attachments, verify sender] Legislative Training Attachments: Calhoun County PSA_Legislative Training_111919.pdf Hi Anna, Please find attached agreement for the Legislative training. Regarding the form 1295, our Legal team advised that the requirement for HB 1295 was amended in 2017 for companies that are publicly traded, and therefore are not required to provide a Form 1295, Since Tyler is publicly traded, we are not required to provide this information. The below is the provision in lieu of this requirement: Yer subsection (c)(4) as amended by Acts 2017, 85a' R.S., Ch. 526 (SB 255), Tyler'I'echnolo6ies is a publicly traded company and is not required to provide a Form 1295. Let me know if you have any questions. Thank you, Claudia Martinez Client Success Account Manager P: 800,966,6999 ext. 113565 C: 972,713.3770 www.tvlertech.com tyler Professional Services Agreement This Professional Services Agreement (this "Agreement") is made and entered Into by and betwa n I'yler'(echnologies, Inc., a Delaware corporation ("Tyler"), and Calhoun County, TX (the "Cllenl") as of the last date written below (the "Effective Date"). Background WHEREAS, Client is a current customer of Tyler and a user oTTyler's proprietary software; and WHEREAS, Cllenl desires to engage Tyler to provide certain professional services rotated thereto, all on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, along with other good and valuable consideration, the receipt and sufficiency of which all parties mutually acknowledge, Tyler and the Client agree as follows: A. Tyler shell furnish the services described in this Agreement, and Client shall pay the prices set forth in this Agreement. 9. This Agreement consists of this cover and signature page and the following attachments and exhibits attached hereto and to be attached throughout the Term of this Agreement, all of which are incorporated by reference herein: (1) Schedule 1, (2) Terms and Conditions and (3) Statement of Work Schedule 1 DESCRIPTION OF SERVICES FI%ED AMOUNT _ _� Legislative Change Training — (8 hours) � $i,4Q0 TOTAL CONTRACT AMOUNT IN WITNESS WHEREOF, this Agreement has been executed by a duly authodzed officerof each Party hereto. TYLER TECHNOLOGIES, INC. Name: _ii l LCS4 11 Title: >'4'.�<,IC, �'�— _. L- `_.t__._----- Date:I CLIENT ny: Professional Services Agreement Terms and Conditions 1, Services. Tyler shall pedorm the services set forth in Schedule 1. 2. ensatbn. Tyler shall perform, its services hereunder for the fixe . ee sdi— p din Schedule 1. In addition, the Client shall reimburse Tyler forbavel lodgingg, and food expenses reasonabN Incurred ley Tyler In performing its services hereunder as set forth in Schedule 1. Tyler shall Invoice the Client on a monthly basis, which Invoice shall be due and payable within thirty S30) days. Tyler pprefem to receive payments electronically. Tyler's elec ronlo payment Information is as fobows: Bank: Wells Fargo Bank, N.A. 420 Montgomery San Francisco, CA 94104 ABA:. 121000248 Account: 4124302472 Beneficiary: Tyler Technologies lne.— Operating 0. Termination. The Client may lertninete Ihis Agreement al any lime by delivering a written notice of Its Intent to terminate to Tyler; provided, however, that the Client must pay Tyler for all costs and expenses Incurred under this Agreement prior to the dale of termination. Tyler may terminate this Agreement if the Client falls to pay any invoke when due or if the Client breaches any of its other obligations hereunder. Upon termination for any reason, each party shall immediately return all documentation, confidential information, and other Information disclosed or otherwise delivered to the other parry prior to such lemn(nallon. 4, Confidentiality. All documents and other materials produced under Ihis Agreement shall be deemed to be'conOdenflat Informatlon' and the receiving paid shall not disclose, use, or reproduce, or authorize any third party to disclose, use, or reproduce, any such confidential information, without the prior written approval of the disclosing party; provided, however, That the receiving party may disclose such confidential information to Its employees and representatives of the receiving party as may be required to perform Its obligations under this Agreement and, provided further, that the receiving party informs such persons of the existence of this confidentiality obligations and will be responsible for any breach of this such obligations by such persons. Notwithstanding anything to the foregoing to the contrary, the following shall not be deemed to be •confidenliel information•: (1) Information Thal Is publicly known or becomes publicly known through no fault of the receiving party, no information that Is generally or readily Obtainable by the public, or (ifi) information that constitutes the general skills, knowledge, and experience acquired by either party before entering into this Agreement and thereafter. 5. Warranty. Tyler warrants that it shall perform services Ina professional, workmanlike manner, consistent with Industry standards, In the event Tyler provides services that do not conform to this warranty, Tyler will re -perform the services at no additional cost to Client. THE LIABILITY OF TYLER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BABED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT. LIABILITY, SHALL BE LIMITED TO TOTAL FEES PAID TO TYLER UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR LOSS OF DATA ARISING OUT OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 SHALL NOT APPLY VATH RESPECT TO: (A) DAMAGES OCCASIONED BY THE FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCTOF EITHER PARTY; (B) DAMAGES OCCASIONED BY VIOLATION OF LAW. 7. Force Maleure. Neither party shall be liable for delays in performing Its obligations under(Me Agreement to the extent that the delay Is caused by Force Majeure.'Fame Majoure' is defined as an event beyond the reasonable control of a party, including governmental action, war, dot or civil commotion, fire, natural disaster, labor disputes, restraints affecting shipping or credit, delay of carriers, Inadequate supply of suitable materials or any other cause which could not with reasonable diligence be foreseen, controlled or prevented by the party. 8. Insurance. Upon writlan request, Tyler shall pmvbe Client with certificates of Insurance evidencing the following insurance coverage: a) Commercial general liability of at least 57,00MOO; b) Automobile liability of at least $1,000,000; c) Professional liability of at least $1,000,000; and d) Workers compensation complying with statutory requirements. 9. Miscellaneous. (a) Tax Exempt Status. Client is a governmental tax-exempt anOry and shall not be responsible for any taxes for any services pmvided for herein, whether federal or state. The fees paid to Tyler pursuant to this Agreement are Inclusive of any applicable sales, use, personal property, or other taxes attributable to periods on or after the Effective Date of this Agreement. (b) Asslarman. NoitherTyler nor the Client shall, sell, transfer, assign, or otherwise dispose of any rights orobfigations created by this Agreement without the written consent of the other party (c) Counterparts. This Agreement may be executed in one or mom counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Instrument (d) Entire Agreement. This Agreement and the Schedules hereto constitute the enllre understanding and contract between the Partles and supersedes any and all prior or contemporaneous oral or wOften representations or communications with respect to the subject matter howl. The Exhibits to this Agreement are Incorporated by reference hereto. (e) Amendment. This Agreement shell not be modified, emended, ar in any way altered except by an Instrument in writing signad by the property delegated authority of each party. All amendments or modifications of this Agreement shall be binding upon the parties despite any lack of consideration. (I) Relationship of Parties. The parties intend that the relationsMp between the parties created pursuant to or arising from this Agreement is that of an Independent contractor only. Neither party shall be considered an agent, ropresenlalive, or employee of the other party for any purpose. (g) Governina law. Any dispute arising out of or relating to Ihis Agreement or the breach thereof shall be governed by the laws of the Stale of Texas, without regard to or application of choke of law rates or principles. (h) No Third Party BeneBclerles. Nothing In this Agreement is Intended to benefi6 create any rights In, or otherwise vest any rights upon any third party. 00 Equitable Relief. Each party covenants, represents, and warmnis that any violation of this Agreement by such party with respect to Its respective obligations set forth In Section 4 shall cause Irreparable injury to the other party and shall entl8e the other party to extraordinary and equitable relief by a Client of competent jurisdiction, Including, without limitation, temporary restraining orders and preliminary and permanent injunctions, without the necessity of posOng bond or security. 0) Survival, The provisions of Sections 4 through 9 shall survive the expiration or termination of this Agreement. Statement of Work Texas 2020 Legislative Updates Configuration Change Assistance Tyler Technologies, Courts &Justice Division 5101 Tennyson Parkway Plano, Texas 75024 (972)7133770 phone "Tyler" • 00 tyler Statement of Work Texas legislative Configuration Change Assistance Statement of Work (SOW) TABLE OF CONTENTS introduction................................................................................................................................................. 3 Overview...................................................................................................................................................... Option1......................................................................................................................................................... 4 1. Level of Effort Defined. 1 0 1 M M 10 4 0 1 a , t 0 6 6 0 M * 0 a 6 4 0 10 1 t 114 10 0 d 9 0 o 0 0 0 0 9 V 0 6 0 a 0 0 0 0 V M a a & & I a I, & 0 a Option2......................................................................................................................................................... 5 1. Level of Effort Defined................................................................................................................... N • �"� tyler Empowerin¢vepple who serve the pu6llc ••••�� Statement of Work Texas Legislative Configuration Change Assistance Introduction Overview This Statement of Work (SOW) presents the training and activities that Tyler will execute during a one - day remote activity. The purpose of the project is to assist the identified County with configuration and testing of new changes within the Odyssey Case Manager application relating to the legislative updates listed below: S63M16-Changes to Fees/Costs HB2048— State Traffic Fines HB435 — Uncollectible Fees 58891- Fees and Costs List, CIP Repeal There are two options outlined below; either of which a client can select for Tyler assistance in mplementing these legislative changes. The Level of Effort (LOE) will differ depending on the option selected and the cost associated with each option is listed below as a fixed price engagement. Additional scope will not be included in either of these fixed price agreements. Assumptions • All Assumptions will apply to both Option 1 and Option 2. • Proceeding PSA Fixed Price amount will confirm which option is in scope for the County. • SME will be familiar with existing business processes and financial code usage today. • SME will be able to support the updates by providing the TYLER resource with which codes will need updating. • SME will be available to validate the work done by TYLER resource in both Non -Production and Production. • TYLER resource will be available to answer questions to the SME in both Option 1 and Option 2 as it pertains to configuration changes relating to these legislative updates. SME will be available to complete all tasks in a timely manner In order to ensure that the process is completed in the approximate duration defined in both Option 1 or Option 2. • =,r tyler ���ro«wering Pnovio wfm serve the nubli< • �•�,`_ • Statement ofWark Texas Legislative Configuration Change Assistance Option 1 1. Level of Effort Defined Participants o Account Manager (CSAM) o Consultant performing changes (TYLER) o County Designated - Subject Matter Expert (SME) Roles Defined o Account Manager — Facilitator o Consultant —Tyler consultant or application specialist who will make the application configuration changes o Client SME — County designated user or manager with knowledge of existing fee codes and business processes able to provide necessary insights and approval for changes. Steps o Coordination of meeting to discuss details handled by (CSAM) o identification of codes (SME and TYLER) o Updating identified codes and mapping in Non -Production (TYLER) o Initial functional testing in Non•Productlon (TYLER) 0 Client assisted verification (Requires both TYLER and SME to NON*PROD) o Client Sign -Off Non -Production (CSAM and SME) o Tyler update of Production configuration and mapping (TYLER) o Client Sign -Off Production (CSAM and SME) o Close out confirmation (CSAM) Approximate Duration 0 8 Hours Pricing Fixed Price: 51400 • ��`�tyler Empuwurinn Uooilx who serve the nu6lic ����'�� Statement of Work Texas Legislative Configuration Change Assistance Option 2 1. Level of Effort Defined Pprticippnts o Account Manager(CSAMJ o Consultant performing changes (TYLER) o Client Subject Matter Expert (SME) Roles Defined o Account Manager — Facilitator o Consultant —Tyler consultant or application specialist who will make the application configuration changes o Client SME — County designated user or manager with knowledge of existing fee codes and business processes able to provide necessary insights and approval for changes. Steps o Coordination of meeting to discuss details handled by (CSAM) o Identification of codes (SME) o Updating identified codes and mapping in Non -Production (TYLER led and SME shadows) o Initial functional testing in Non -Production (TYLER led and SME shadows) o Client Sign -Off Non -Production (CSAM and SME) o Client update Production configuration and mapping (SME) o Client verification of functionality (SME led with TYLER available for shadow if needed) o Project close out confirmation (CSAM) Approximate Duration o 6 Hours Prlciny o Fixed Price: $S00 Empowering People who serve the public' �.���� Commissioners' Court — DECEMBER 04, 2019 9. Accept donations from Shannon Salyer to various Calhoun County Offices. (see list) (RM) RESULT: APROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: David Hall, Commissioner PctlI AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 7 of 12 LIST OF PROPERTY TO BE DONATED TO CALHOUN COUNTY BY SHANNON E. SALYER Oak office desk (in his office) Oak credenza (in his office) 2 leather office chairs (in his office) One high back leather chair on rollers (in this office) Oak 2 drawer filing cabinet (in his office) 4 drawer metal file cabinet (in his office) Oil painting of Seadrift harbor (in County Judge Conference Room) Oil painting of LaSalle Monument (in Commissioner's Court Room) Oil painting of running horse (in County Clerk's Office) Oil painting of pelicans roosting on posts (in District Clerk's Office) Commissioners' Court— DECEMBER 04, 20"19 10. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 10) To allow the income generated from the auction of vehicles from March 1, 2019 ($28,135.00) and from November 22, 2019 ($3,175.00) to be returned to the Sheriff's Office Budget for the fiscal year 2020 to line item 760-70750. RESULT: APROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 8 of 12 CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 PHONE NUMBER (361) 553-4646 FAX NUMBER (361) 5534668 MEMO TO: RICIIARD MEYER COUNTY JUDGE SUBJECT: VEHICLE AUCTION MONIES DATE: DECEMBER 4, 2019 Please place the following items) on the Commissioner's Court agenda for the dates) indicated: AGENDA FOR DECEMBER 4, 2019 Consider and take necessary action to allow the income generated from the auction of vehicles from March 1, 2019 ($28,135.00) and from November 22, 2019 ($3,175.00) to be returned to the Sheriff's Office $udget for the year 2020 to line item 760-6036@. 7404 50 „ , a A,,Greur 12tlfq Sincerely, Bf/ickery Calhoun County Sheriff Commissioners' Court — DECEMBER 04, 2019 11, CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 11) To remove from Precinct 4 Road & Bridge inventory list Asset # 24-0445, Chevrolet Crew Cab, Silverado 1500 4x4 — VIN #3GCUKSEC8EG38702 and use as trade-in. (GR) RESULT: APROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall,Commissioner Pct 1 AYES: " Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 9 of 12 Commissioners' Court— DECEMBER04, 2019 12. Accept reports from the following County Offices: 1. Tax Assessor -Collector — October 2019 RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct:1 AYES: Judge Meyer, Commissioner Nall, Lyssy, Syma, Reese Page 10 of 12 H O O 00 N N 00 C) (O <} O O O N OD O (D O 00 r 07 O W) O O R )• fT r N 00 O Ih co O M (O V ' O - 00 N c{ (O N Z w 00 N N r 0) A Ih O O n (O a} O (O N (f) 6 r O 44 tO a;go (f) M r W N 0)(O d' t` f` O t. (O 0) r Gn O 0)(n N O b LO 0 co N v O) 00 r W y N M O M (O r O M M c - N 00 ' N m N p to to E9 ER (H % tH vi to 60 tN to to EA to t9 % fA % to 0) Vi fR U3 Qi VJ U) O 0 O (O st O O V' CD O O lO Z O d' O N 00 O O f0 LO O O f` (O N N ~ O f0 O O W) W) � N M V N 0) (O r 00 r W O M h 000 N en- J r (O O U 69 fH tH fA H fR fR EA 69 fA fA EA (A tR Efl to ai fA r m � a ° M Fduiwwd- FF:~❑wmO. FU:F.mON�OU--! 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RESULT: APPROVED [UNANIMOUS] MOVER: Vern Lyssy, Commissioner Pct 2 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese Page 11 of 12 O W O rn rn � 0 o Zo D C r -i m a A (n 0za Noy 00 a c Oe3ii z v D m O T z m i U) z � mzz 000 o g c) c) m SD ii y Z Z Z 1 O > n Z a n r r m 0 0 0 0 TM IN 0 0 0 0 eta w w OMI a 0 0 0 0 T 9 W W W IT C a 0 0 ot»T� 0 0 0 0 z W W W OO O O di m P: o a= 3_ o Z= -1= 0=c � A= 0= V rncna o J y j 0 0 0 0 v A 0 n Z m O O 3 c Cl) e O 0 0 ciG0 z zz m � M°n M a 0 0 � T T W W T f0 W <O N w O O 0 0 �■ »� s■ �\ a■ z| ■: k( I/ |) |�||��k \ \ \ „ q �\\\ g®] 2m °'� \ „§§E §000 000, §[[z ,§ � � |/ IB §■� �_2§§ /))s■r \ \ ) )\� yk� \/// ■ ■ v; m ® m: § ■ a; m ■: m » z| ■ k 0 0 0 o No _ roe m ; MME = � 3 Z �= p 1 Z 3 =_ c m Q ZNO E m mz z O H zE {M a z aE O�c a so °< mE c Z m �__ O C= y= 1_ 0 ME X m m NoE 3 e C: m= D D e z aE _ m to n= °z Zoo M WE � ° z ge' ;a 2MEME N z 2Z�� s nE NO o ° ME p Z= m z 3 C) ME p ti 3 _ w= a n g �E o 000 T mE c �E ME MM z ME z I'x9' ME '� E z Nd AM W WW W p .. 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A 0 0 O o O A A v; i ma � a€ �a o m€ �i �a z=_ as 3: as [ \ / ) § k k k / \j\\kA Gmmmm §\%9%■ §mmm \\\\\ 000no „�§§E 30000 oonco 7§[[z k � §m m_■ __§B§ MIM &Ilk MIN It oOld ; § M■ § k§ - ; 3■ m z■ k �■ A k §ON ON MR � o MIM MIN �� © �■ k <Bm mom @END % ONE ■ § k E \■ % ■ G §■ m ` MR IRA; @ OR; « \§ §§ | • m■. s t = § § m ) J o 2 N § 4 % ■ \ M § B� _�■ k §� WIN mS �� S � .I= ME �� {§ RIM _■ � k§ § MIS MIN MIN MIN MIN m ■ RIM c § § § Commissioners` Court-- DECEMBER 04, 2019 14. Approval of bills and payroll. MMC RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese County RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Vern Lyssy, Commissioner Pct 2 AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese AD70URNED: 10:16 A.M. Page 12 of 12 MEMORIAL MEDICAL CENTER COMMISSIONERS COURT. APPROVAL LIST FOR -- December 04, 2019 TOTALS TO BE APPROVED -TRANSFERRED FROM ATTACHED PAGES TOTAL PAYABLES, PAYROLL AND ELECTRONIC BANK PAYMENTS $ 239,080 84' TOTAL TRANSFERS BETWEEN FUNDS $ 2,49500 TOTAL NURSING HOME UPL EXPENSES $ 80'1,454t43 TOTAL INTER -GOVERNMENT TRANSFERS $ i GRAND TOTAL DISBURSEMENTS APPROVED December'04, 2019 ' $ '1,043,03027 Page I of 14 y��p Erna MEMORIAL MEDICAL CENTER 1 L7G/b 13 ? Lu 19 AP Open Invoice List 08:57 C� �t C` Due Dates Through: 12/11/2019 l_atrFeNrWMA Wi NeiiiB 094 - / Class Pay Code 10995 ABILITY NETWORK (SHIFTHOUND) ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 19MO180001 V/ 11/11/20 11/06/2012/06120 558.00 SCHEDULING SERVICES Vendor Total: Number Name Gross 10995 ABILITY NETWORK(SHIFTHOUND) 558.00 Vendor# Vendor Name Class Pay Code 11283 ACE HARDWARE 15521 Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 139585 11/20/20 11/13/20 12/08/20 19.98 SUPPLIES (N ikk1`1f) Vendor Total: Number Name Gross 11283 ACE HARDWARE 15521 19.98 Vendor# Vendor Name Class Pay Code A1430 ADVANCE MEDICAL DESIGNS INC M Invoice# CoTmenI Tran Dt Inv Dt Due Dt Check D Pay Gross S101321912 ✓ 11122/20 11/11120 11/22/20 21.68 SUPPLIES Vendor Total; Number Name Gross A1430 ADVANCE MEDICAL DESIGNS INC 21.68 Vendor# Vendor Name Class Pay Code A1680 AIRGAS USA, LLC - CENTRAL DIV M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 9800609174 ✓ 11/27/20 11/08/20 12/03/20 55.10 OXYGEN 9095167503 11/27120 11108120 12/03/20 257.41 OXYGEN Vendor Total: Number Name Gross A1680 AIRGAS USA, LLC- CENTRAL DIV 312.51 Vendor# Vendor Name / Class Pay Code A1690 ALCON LABORATORIES, INC. ✓ M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 9656843699 ✓ 11/19/2011105/2012/05/20 1$94A5 SUPPLIES Vendor Total: Number Name Gross A1690 ALCON LABORATORIES, INC. 1,594.15 Vendor# Vendor Name Class Pay Code A1705 ALIMED INC. e/ M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross RPSV03242130✓ 11122/20 11/14/20 11/29120 124.49 SUPPLIES Vendor Total: Number Name Gross A1705 ALIMED INC. 124,49 Vendor# Vendor Name / Class Pay Code 10958 ALLYSON SWOPE ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 112519 11/25/20 11125/20 11125/20 21299,50 G)it, LJ wafer (ItIg-u►'Ytlr1l) 0 ap_open_invoice.template Discount No -Pay Net 0.00 0.00 558,00 Discount No -Pay Net 0.00 0.00 558,00 Discount No -Pay Net 0.00 0.00 19.98 Discount No -Pay Net 0.00 0.00 19.98 Discount No -Pay Net 0.00 0.00 21.68 Discount No -Pay Net 0.00 0.00 21.68 Discount No -Pay Net 0.00 0.00 55.10 v 0.00 0.00 257.41 Discount No -Pay Net 0.00 0.00 312.51 Discount No -Pay Net / 0.00 0.00 1,594.15 r/ Discount No -Pay Net 0.00 0.00 1,594,15 Discount No -Pay Nat 0.00 0.00 124.49� Discount No -Pay Net 0.00 0.00 124.49 Discount No -Pay 0.00 0.00 Net 2,299.50 file:///C:/users/mmckissack/cpsUmemmed.cpsinet.com/u88150/data_5/tmp_cw5report75... 12/2/2019 Page 3 of 14 Invoice# C/oment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net / INV1312222✓ 11127/20 11/23/20 11127/20 814.95 0.00 0.00 814.95 V SUPPLIES Vendor Total; Number Name Gross Discount No -Pay Net B1320 BEEKLEY CORPORATION 814.95 0.00 0.00 814.95 Vendor# Vendor Name Class Pay Code 12600 BIOFIRE DIAGNOSTICS LLC v/ - Invoice# Co ment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net / 1280022306 v7 11/27/20 11/21/20 11/27/20 71896.29 0.00 0.00 71896.29 ✓ SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 12600 BIOFIRE DIAGNOSTICS LLC 7,896.29 0.00 0,00 71896,29 Vendor# Vendor Name Class Pay Code B1680 BOUND TREE MEDICAL, LLC ✓ M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 83406129 >/ 11122/20 11/06/20 11/22120 248.40 0,00 0,00 248,40 SUPPLIES Vendor Total: Number Name Gross Discount No -Pay Net 81680 BOUND TREE MEDICAL, LLC 248.40 0.00 0.00 248.40 Vendor# Vendor Name / Class Pay Code C1048 CALHOUN COUNTY r/ W Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 112419 11/27/20 11/24/20 12/11/20 105.73 0.00 0.00 105.73 FUEL Vendor Total: Number Name Gross Discount No -Pay Net C1048 CALHOUN COUNTY 105.73 0.00 0.00 105.73 Vendor# Vendor Name / Class Pay Code 01325 CARDINAL HEALTH 414, INC. ✓ W Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 8002075754✓ 11/25/20 10/31/20 11/25/20 41.67 0,00 0.00 41,67 SUPPLIES Vendor Total; Number Name Gross Discount No -Pay Net C1326 CARDINAL HEALTH 414, INC. 41,67 0.00 0.00 41.67 Vendor# Vendor Name / Class Pay Code 10105 CHRIS KOVAREK ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 33A 11/27/20 11/27/20 11/27/20 75.00 0.00 0,00 75.00 ✓ CERTIFICATE RENEWAL Vendor Total: Number Name Gross Discount No -Pay Net 10105 CHRIS KOVAREK 75.00 0.00 0.00 75.00 Vendor# Vendor Name / Class Pay Code L1629 CHRISTINA ZAPATA-ARROYO ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net OUTPATIENT0919 11/26/20 11/26/20 11126/20 11361.25 0.00 0.00 1,361.25 SPEECH THERAPY INPATIENT1019 11/26/2011/26/2011/26120 82.50 0,00 0,00 82.50 SPEECH THERAPY / OUTPATIENT1019 11126/20 11126/20 11/26/20 508.75 0,00 0.00 508,75 ./ SPEECH THERAPY INPATIENT0919 11/26/20 11/26/20 11/26/20 165.00 0.00 0,00 165.00 SPEECH THERAPY file:///C:/Users/mmckissack/cpsi/mermned.cpsinet.com/u88150/data_5/tmp_cw5report75... 12/2/2019 Page 5 of 14 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 11616 CONTROL SOLUTIONS 301.00 0,00 0.00 301,00 Vendor# Vendor Name. Class Pay Code 10646 COVIDIEN r// Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 28436619 11122/20 11112/20 11/22/20 11962.92 0.00 0.00 11962,92 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 10646 COVIDIEN 11962.92 0.00 0.00 11962.92 Vendor# Vendor Name Class Pay Code C1443 CYGNUS MEDICAL LLC ✓/ M Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 294768 ✓ 11/19/20 11/05/20 12/05/20 448.00 0.00 0.00 448.00 SUPPLIES Vendor Total: Number Name Gross Discount No -Pay Net C1443 CYGNUS MEDICAL LLC 448.00 0.00 0.00 448.00 Vendor# Vendor Name Class Pay Code 10368 DEWITT POTH & SON v✓ Invoice# /Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net / 5896250 ✓ 11 It 8/20 11112120 12107/20 451.34 0.00 0.00 451.34 SUPPLIES 6896760 vZ 11118/20 11/12/20 12107120 123.36 0.00 0.00 123.36 SUPPLIES 5896630V1 11118/2011/1212012107120 518.94 0.00 0.00 518.94 SUPPLIES 5896370 ✓ 11119/20 11/12120 12/07120 79,80 0,00 0.00 79.80 SUPPLIES 5895980 ✓ 11/25/20 11/12/20 12/07/20 16.04 0.00 0,00 16,04 SUPPLIES 6899730 ✓ 11/25/20 11114/20 12/09/20 43.04 0.00 0.00 43.04 SUPPLIES 5900010 ✓ 11125/2011/15/2012110/20 35.94 0.00 0.00 35.94 SUPPLIES Vendor Total: Number Name Gross Discount No -Pay Net 10368 DEWITT POTH & SON 11268.46 0.00 0,00 1,268.46 Vendor# Vendor Name Class Pay Code 10175 DSHS CENTRAL LAB MC2004 Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net CM1838102019 r/ 11125/20 11/04/20 11129/20 43.63 0.00 0,00 43,63 LAB SERVICES Vendor Total: Number Name Gross Discount No -Pay Net 10175 DSHS CENTRAL LAB MC2004 43.63 0.00 0.00 43,63 Vendor# Vendor Name / Class Pay Code 10042 ERBE USA INC SURGICAL SYSTEMS r/ Invoice# / Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 579752 ✓ 11122/20 11/11/20 11/22/20 155,93 0.00 0.00 155.93 SUPPLIES Vendor Total: Number Name Gross Discount No -Pay Net 10042 ERBE USA INC SURGICAL SYSTEMS 155,93 0.00 0.00 155.93 Vendor# Vendor Name Class Pay Code file:///C:/Users/mmckissack/cpsi/memmed.cpsinet.com/u8815O/data_5/tmp_cw5report75... 12/2/2019 Page 7 of 14 Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 103019JH ✓ 11/25/20 10/30/20 11/29/20 1,372.61 0.00 0.00 1,372.61 SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net J0150 J & J HEALTHCARE SYSTEMS, INC 19372.61 0.00 0.00 1,372.61 Vendor# Vendor Name Class Pay Code 11230 JACKSON & COKER LOCUM TENENS, Invoice#; Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 421767 V//11/25/20 07/25/20 07/25/20 91937,50 0,00 0.00 9,937.50 r� PRO FEES/UONG 2032182 11/25/20 07/25/20 07/25/20 8.46 0.00 0,00 8.46 /PRO FEES/UONG 2037053 y 11126/20 11/20/20 11120120 1, 112,84 0.00 0.00 1,112.84 /PRO FEE UONG 428840 ✓ 11/25/20 11/21/20 11/21/20 21,750.00 0.00 0,00 21,750.00 PRO FEE UONG 2037119 ✓ 11125120 11/21/20 11/21120 100.83 0.00 0.00 100.83 u/_ PRO FEE UONG Vendor Totals Number Name Gross Discount No -Pay Net 11230 JACKSON & COKER LOCUM TENENS, 326909,63 0.00 0.00 32,909.63 Vendor# Vendor Name / Class Pay Code 11732 JAQUELINE HERRERA ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D+ Pay Gross Discount No -Pay Net 112019 1V25/20 IV20/20 11/20/20 32.60 0.00 0.00 32.60 TRAVEL TO PICKUP MEDS Vendor Totals Number Name Gross Discount No -Pay Net 11732 JAQUELINE HERRERA 32,60 0.00 0.00 32.60 Vendor# Vendor Name Class Pay Code 10972 M G TRUST v/ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 112519 11/26/20 11/26/20 11/26/20 11190.86 0,00 0.00 11190.86 WZ PAYROLLDEDUCT Vendor Totals Number Name Gross Discount No -Pay Net 10972 M G TRUST 1;190.86 0.00 0,00 1,190.86 Vendor# Vendor Name Class Pay Code M2178 MCKESSON MEDICAL SURGICAL INC Invoice# omment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net / 68886628 11/22/20 11/12120 11127/20 31586.10 0.00 0,00 3,586.10✓ SUPPLIES 68874337 ✓/11/22/20 11/12120 11/27/20 64.97 0.00 0.00 64.97,/ SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net M2178 MCKESSON MEDICAL SURGICAL INC 31651.07 0.00 0.00 3,651.07 Vendor# Vendor Name Class Pay Code 42470 MEDLINE INDUSTRIES INC ✓ M Invoice# Comment Tran Dt Inv Dt Due Dt Check D+ Pay Gross Discount No -Pay Net 1891548872 11/22120 10130/20 11124/20 23.33 0.00 0,00 23.33 SUPPLIES QYuykk t��'Ij dY1 11)hpltNk•fw I}•1LD 1891548870 Ve 11/22120 10/30120 11124/20 4.27 0.00 0.00 4.27� SUPPLIES 1891548874,/ 11/22/2010/3012011124/20 33.69 0,00 0.00 33,69 �yi,yu t t1 o f w� C i) qo L+ Awtw l VA1- file:///C:/Usershnmckissack/cpsi/memmed.cpsinet.com/u88150/data_5/tmp_cw5report75... 12/2/2019 Page 9 of 14 SUPPLIES Vendor Total. Number Name Gross Discount No -Pay Net M2470 MEDLINE INDUSTRIES INC 12,972,34 0.00 0,00 12,972.34 Vendor# Vendor Name Class Pay Code 10963 MEMORIAL MEDICAL CLINIC Invoice# Comment Tran. Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 112519 11126/20 11/25/20 11/26/20 415.00 0.00 0.00 415.00 PAYROLLDEDUCT Vendor Totals Number Name Gross Discount No -Pay Net 10963 MEMORIAL MEDICAL CLINIC 415.00 0.00 0.00 415.00 Vendor# Vendor Name /. Class Pay Code 11976 MID -COAST ELECTRIC SUPPLY, INC ✓ Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 186695900 V/ 11/11/20 11/08/20 12108/20 426.00 0.00 0.00 426.00 ✓ SUPPLIES - VendorTotal:Number Name Gross Discount No -Pay Net 11976 MID -COAST ELECTRIC SUPPLY, INC 426,00 0.00 0.00 426.00 Vendor# Vendor Name Class Pay Code M2621 MMC AUXILIARY GIFT SHOP j w Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 112119 11/25/20 11/21/20 11/21/20 203.87 0.00 0.00 203.87 PAYROLLDED Vendor Total: Number Name Gross Discount No -Pay Net M2621 MMC AUXILIARY GIFT SHOP 203,87 0.00 0,00 203.87 Vendor# Vendor Name / Class Pay Code ✓ 10536 MORRIS & DICKSON CO, LLC invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 2661 ,/ 11125/20 11/12/20 11/22120 -4.99 0.00 0.00 -4.99 ✓ / CREDIT 4711 ,/ 11125/20 11/19120 11/29/20 -4.41 0.00 0.00 -4.41 ✓ CREDIT 4073✓ - 11125/20 11/19120 11129/20 -16.00 0.00 0.00 -16.00 ✓ CREDIT 4500V 11/25/20 11/19/20 11129/20 -0.35 0.00 0.00 -0,35✓ /CREDIT / 4934065 v/ 11/25/20 11/20/20 11/30/20 11,21 0,00 0,00 11.21 v/ INVENTORY 4934064 11/25/20 11/20/20 11/30/20 21748.16 0.00 0.00 21748.16v�/ NVENTORY 49340631/ 11/25/2011/20/2011/30/20 31854.47 0.00, 0.00 3,854.47v� /INVENTORY / 4934062V 11125120 11/20/20 11/30/20 33A2 0.00 0.00 33.12 ✓ .INVENTORY 493741611/2512011/21/2012/01/20 671.48 0.00 0.00 671.48 ✓ INVENTORY 4937414 ✓ 11/25/20 11/21/20 12/01/20 8,99 0,00 0.00 8.99 ✓ INVENTORY 4937413 %/ 11/25120 11/21/20 12101/20 24.66 0.00 0.00 24.66 ✓ INVENTORY 4935853 V/ 11/25/20 11/21/20 12/01/20 210,21 0,00 0.00 210.21 INVENTORY . file:///C:/Users(mmckissack/cpsUmemmed.cpsinet.corn/u88150/data_5/tmp_cw5report75... 12/2/2019 Page 11 of 14 Invoice#/- Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net / 6733 ✓ 11/27/20 10/04/20 10/14/20 24.00 0.00 0.00 24.00 ✓ WELL SICK FOAM BOARD Vendor Totals Number Name Gross Discount No -Pay Net 11251 RAPID PRINTING LLC 24.00 0.00 0.00 24.00 Vendor# Vendor Name Class Pay Code 50900 SAM'S CLUB DIRECT W Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 003050 11/27/20 10/23/20 12/08/20 74,81 0.00 0,00 74.81 t/ SUPPLIES 004072 11/27120 10/29/20 12/08/20 152.38 0.00 0.00 152.38 SUPPLIES 005280 11/27/2010/30/2012/08/20 63.82 0,00 0.00 63.82 SUPPLIES 009057 11/27/2011112/2012/08/20 81.60 0.00 0.00 81.60 SUPPLIES 007657A 12/02/201 Ill 1/2012108/20 75,90 0.00 0,00 75,90 ✓ SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net 50900 SAM'S CLUB DIRECT 448.51 0.00 0,00 448.51 Vendor# Vendor Name Class Pay Code 10625 SARA RUBIO V// Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 112219 11/25/2011122/20 11/22/20 63.68 0.00 0.00 63.68 ✓ TRAVEL CPG MTG/ GCTAC plarutwon lyvv / N 11`i I16) Vendor Totals Number Name o�61d�.ViU'elcani�cX6,c..fat,-tjnh Gross Discount No -Pay Net 10625 SARA RUBIO 1tI21I l<I •l 63.68 0.00 0.00 63.68 Vendor# Vendor Name Class Pay Code 51405 SERVICE SUPPLY OF VICTORIA INC ✓ W Invoice# Comment Tran Dt Inv Dt Due DI Check D Pay Gross Discount No -Pay Net 701037206 � 1Ili 912011/14/2012110/20 471.94 0.00 0.00 471.94 .� SUPPLIES 701037806✓ 11/27/20 11/20/20 12/10/20 17,36 0,00 0.00 17.36 INSTALL FAUCET 701037860/ 11/27/2011/21/2012/10/20 178,06 0,00 0.00 178.06 ✓ SUPPLIES Vendor Totals Number Name Gross Discount No -Pay Net S1405 SERVICE SUPPLY OF VICTORIA INC 667.36 0.00 0.00 667.36 Vendor# Vendor Name Class Pay Code K0536 SHIRLEY KARNEI Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 112619 11/27/20 11/26/20 11126/20 370.26 0,00 0,00 370.26 ✓ CONTRACT EMPLOYEE (.11 tl 3- II Iri-l'-I1el\ ) Vendor Totals Number Name Gross Discount No -Pay Net K0536 SHIRLEY KARNEI 370.26 0.00 0.00 370.26 Vendor# Vendor Name- Class Pay Code / 12848 SKILLGIGS INC. �/ Invoice# / Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount No -Pay Net 12763 ✓ 1111112011/06/2012106120 31454,20 0.00 0.00 3,454.20 ICUNURSEDEEROWE tWI7.i!^ Iola110) Vendor Totals Number Name Gross Discount No -Pay Net file:///C:/Users/mmcicissack/cpsi/memmed.cpsinet.com/u8815O/data 5/tmp_cw5report75... 12/2/2019 Page 13 of 14 00211519UM ✓ 11113/2011/07/2012107120 12,350.00 0.00 0.00 12,350.00 ✓ INTERQUAL UTILIZATION MGP Vendor Totals Number Name Gross Discount No -Pay Net 11097 TEXAS AEM HEALTH SCIENCE CENT 12,350.00 0,00 0.00 12,350.00 Vendor# Vendor Name Class Pay Code 11038 THE INLINE GROUP Invoice# / Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 39701 V 11125120 11/19120 12/04120 21500.00 CANIDATE SOURCING SERVIGP Vendor Total: Number Name Gross 11038 THE INLINE GROUP 21500.00 Vendor# Vendor Name Class Pay Code T0801 TLC STAFFING ✓ w Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross 26558 ✓ 11/25120 11/18/20 11/18/20 547.13 / MED SURG STAFFING 25514 ✓ 11/27/20 11/04/20 11/04/20 11665,36 Discount No -Pay Net 0.00 0,00 21500.00 ,/ Discount No -Pay Net 0.00 0,00 2,500.00 Discount No -Pay Net 0.00 0,00 547.13✓ 0.00 0.00 1,665.36 Ventlor Total: Number Name Gross Discount T0801 TLC STAFFING 21212.49 0.00 Vendor# Vendor Name Class Pay Code 11169 TXU ENERGY v/ Invoice# Co/mrt�ent Tran Dt Inv Dt Due Dt Check D Pay Gross Discount 052002975784: 11127/2011Iy1�/2112'012111120 28,734.09 0.00 r, ELECTRICTY VA. L try 'I V-55 Vendor Total=.Number Name Gross Discount 11169 TXU ENERGY 28,734.09 0.00 Vendor# Vendor Name Class Pay Code U1064 UNIFIRST HOLDINGS INC Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount 8400315862✓ 11111/20 11111120 12/06/20 47.15 0.00 LAUNDRY 8400315894✓ 11/11/20 11/11/20 12/06/20 - 1,441.65 0.00 LAUNDRY 8400315863 ✓ 11/1112011111/20 12/06/20 6531 0,00 LA NDRY 8400316212 11/19/20 11/14/20 12/09/20 195.08 0.00 LAUNDRY 8400316246 V1 11/19120 11/14/20 12/09/20 916.38 0.00 LAUNDRY 8400316211 11/19/20 11/14/20 12/09/20 206.87 0.00 LAUNDRY 8400316207 ✓/11/19/20 11/14/20 12/09/20 18.62 0.00 LAUNDRY 8400316210 11/19/20 11/14/20 12/09/20 120,39 0,00 LAUNDRY 8400316213 v//11/19/20 11114/20 12/09120 175.83 0.00 LAUNDRY 8400316232 ✓ 11/19/20 11/14/20 12/09l20 83.14 0.00 LA/UNDRY ✓ 8400316272 11/19120 11/14/20 12/09/20 69.55 0,00 No -Pay Net 0.00 21212,49 No -Pay Net 0.00 28,734.09 No -Pay Net 0.00 28,734.09 No -Pay Net 0.00 47.16 0.00 1,441.65 0.00 65.71 0.00 195.08 0.00 916.38 ✓ 0.00 206.87 0.00 18.62 ✓ 0.00 120.39� 0,00 175.83 ✓ 0.00 83.14 0.00 69.55 file:///C:/Users/mmckissack/cpsi/memmed.cpsinet.com/u88150/data_5/tmp_cw5report75... 12/2/2019 ^ §) : tztO 4 00 m) � / |� . o4 0 \ \® �§ \ y \ " «;| u k\\ 0 2§ / ` ' �) k:! 2 S '; CDC �: | )! j| ! __ .q < D / \\\\ — \\ % - } E )/ ,to m. 7 ! ) \ ui � � # �J ■ - f §\ �/ §\ 0 / §! �� ) 0 / ) . ro \ m )\ \ / ) ) \ , E , . O ( ( :` $ uj . } \to !/ { ( t .d i � ) z - W _ � \k L 0 §\ � CO )\ 2! 2 ;§ E 0 a} m � uj U � \ e E % r I § � � O 4 Z W 2 W a n o O M L N O O ii J! a �6 MIN ¢E o.0 5ryg U❑ In m 0 N N N O m m M N M N R N ^ to NN N Ito a o o m�o� iJ N N 0 0 0 0 0 V O •f TOLL FEE PHONE NUMBER: 1-800-555-3453 (EFTPS TUTORIAL SYSTEM: 1-800-572-8683) "ENTER 9-DIGIT TAXPAYER IDENTIFICATION NUMBER" D"ENTER YOUR 4-DIGIT PIN" a"MAKE A PAYMENT, PRESS 1" "ENTER THE TAX TYPE NUMBER FOLLOWED BY THE # SIGN" F7"IF FEDERALTAX DEPOSIT ENTER 1" "ENTER 2-DIGIT TAX FILING YEAR" "ENTER 2-DIGIT TAX FILING ENDING MONTH" 1ST QTR - 03 (MARCH) - Jan, Feb, Mar 2ND QTR - 06 (JUNE) -Apr, May, June 3RD QTR - 09 (SEPTEMBER) -July, Aug, Sept 4TH QTR - 12 (DECEMBER) - Oct, Nov, Dec "ENTER AMOUNT OF TAX DEPOSIT - FOLLOWED BY #SIGN" "1 TO CONFIRM" "ENTER W/CENTS AMOUNT OF SOCIAL SECURITY" "ENTER W/CENTS AMOUNT OF MEDICARE" "ENTER W/CENTS AMOUNT OF FEDERAL WITHHOLDING" "6-DIGIT SETTLEMENT DATE" "1 TO CONFIRM" ACKNOWLEDGEMENT NUMBER CALLED IN BY: CALLED IN DATE: CALLED IN TIME: #H�# ENTER: C $ 194.93 1 $ 114.96 $ 26.88 $ 53.09 K:\Finance SharelAP-Payroll Files\Payroll Taxes\2019\#24 MMC TAX DEPOSIT WORKSHEET 11.21.19 R2 12/2f2U19 941 RECITAX DEPOSIT FOR MMC PAYROLL PAY PERIOD: BEGIN PAY PERIOD: END PAY DATE: GROSS PAY: DEDUCTIONS; AIR ADVANC BOOTS SUNLIFE CRITICAL ILLNESS SUNLIFE ACCIDENT SUNLIFE VISION SUNLIFE SHORT TERM DIS CAFE-6 CAFE-D CAFE-H CAFE-1 CAFE-L CAFE-P CANCER CHILD CLINIC COMBIN CREDUN DENTAL DEP-LF SUNLIFE TERM LIFE EAT FED TAX FICA-M FICA•O FIRST C FLEX S FLX-FE GIFT S GRP-IN GTL HOSP-1 LEGAL OTHER NATIONAL FARM LIFE PHI PR FIN RELAY REPAY STONEDF STONE STONE 2 STUDEN TSA-R UW/HOS TOTAL DEDUCTIONS: NET PAY: S 666.6915 TOTAL CAFE 125 PLAN: 5 iH'6U ear N qr� 186.22 �s. TAXABLE PAY: $ 927.30 $ "CALCULATED" I FICA - MED(ER) S 13.46 FICA - MED (EE) . x $ 13.45 $ FICA -SOC SEC (ER) x S 67.49 FICA -SOC SEC(EE) e20x $ 57.49 $ 13.44 S 0.01 57.48 $ 0.01 TAX DEPOSIT: 5 t84.9] a 194.93 a a.a4 FICA -MEDICARE zsax $ 26.90 526.88 FICA -SOCIAL SECURITY 1240x $ 114.98 $114.96PREPAREDBY: FED WITHHOLDING $ $3.09 $53.09 PREPARED DATE: TOTAL TAX: $ 194.97 $194.93 $ 0.04 REVISED 311812014 TOTALS 5 1,113.52 44.97 i 4.96 4.37 i - S 5.00 S 50.00 i - S - i - S - i - i - S - S 36.76 S - S 53.09 13.44 $ 67.48 S - $ 76.92 $ S - S - 5 - S - $ 38.84 S - S - S - $ S - 5 63.00 $ 447.83 $ 665.69 EXampt Amt: Employees over FICA•55 Cap: Jason Ariglln $ - Diane Moore $ - Roshanda Thomas Paycads S • Employee Relmb.: Rashanda S: Gray TOTAL: $ ALISON King 12/2/2019 Nt9 MMC TAX DEPOSIT WDRKSHEET 1121.19 R2; TAX DEPOSIT WORKSNEET 121212019 \ ! � ; } vw \\ 0 0-\ )§)\}\/ ]\ �y t § ƒ § Page 1 of 1 IIIRZ Yi; 4 MI za 12/02/2019 MEMORIAL MEDICAL CENTER c+ � c47dtj�1.EV.&86�T. Ia4' AP Open Invoice List 0 Dates Through: ap_open_invoice.template Vendor# Vendor Name Class Pay Code 11828 SOLERA WEST HOUSTON Invoice# Comment Tran Dt Inv Dt Due Dt Check D Pay Gross Discount - No -Pay Net 112019 11125/20 11/20/20 12/12/20 1,260.00 0.00 0.00 13260.00 TRANSFER F&Vh IYlj VtOiV-L Q,�ittj ,qkt 'b MJV1 __ iN (LWVt/ Vendor Total: Number Name Gross Discount No -Pay Net 11828 SOLERA WEST HOUSTON 1,260.00 0.00 0.00 1,260.00 Report Summary Grand Totals: Gross Discount No -Pay Net 1,260.00 0.00 0.00 1,260.00 AYPROVI•;D ON DEC 0 2 2019 COUNTYAUDITOR CALHOUN COI/NT$ TEXAS file:///CaUsers/mmckissack/cpsi/memmed.cpsinet.com/u88150/data_5/tmp cw5report23... 12/�/�M9 1\ IlOnila\B p+J Nu \2U1 J1Uu2n \ 114rsr �� dI J: I)t rrl`Ila•1, I'+gni MMC PORTION (API'/Comp Yrt p5_hford Gardens 14111f9p0ul (IOPBOAn 111PPICOMPI 0,1ap14 Adjustment QIPP 11 NHPORTION ll/IS/1019 Ao,O up i%SC ICCl A11.11'MI 1111160514111DOD IIIN'1.111:f )405)46l l'1)4 36.32991 36, 32992 II/25/1019 UHC COMASUNOY PI HOAMPAPIAT 146001i 1910000 IHIr•I'IV 1911IY 127003 11,299.52 1l.!995: II/25/2019 LUIC COMMUMUY PI r1CCLAdild T 146003.111910000 FIRNO I LOVI 122165UD2 _ 40,976.I1 II/25/2019 NOV IIAS SOLU II ON tit G AINUINT I GISA 11120000141 TRI2. I FEE 163945511120E 34,1}).90 11/26/2019UIICCOMMUNItY P(I(CC LAIMPA11146001411910000 IRN• 1')0191 I D I SSAA; 17,013. is 11,011;s 11/26/MI9 UIIC COMMUNITY Pt 4C1Mf4PM11A4003411910000111N• 1620191123129001 25,909.16 «1.v66.1` 11/260019 IUAL I It HUMAN SVC UCCLAUAPIA 11/46003111 MAI7 NAW I'03D031341126J3 � /1.EG6.12 - � ii/2l/2019 MARC Oil A5VIMAU I It At Ill CARE(f N It A LtD mId'1. s9 ✓ - - I i/2)/1014 Ot Mir 30,325_09 - 11/27/3019 MAN ACT AN DUE I I 13 Al N S Plot N 1 00000000000009 3 A IO2J113l 1,82S, 35 11/37/2a19 AoraUgtuUp TRSC Ht4'.I AIMPAIT 3111Se'15561110001R11' 1'/1135895 So* 11514 301.Q 11/37/2010 UIIC COMMUNITY Pt HCC I AIMPMT I4600.1111910000 INN• 1' M 191124 IU30U3 I'm 52 1.193 5: 11/27/2019 UIIC COMMUTE P(UCCIAIMPIAi)46003411910000 TAN• 142019111 t IOSUul - 6.211.14 E2!21a 11/29/W19 ANURIGROUP(.01W)I PAYAIENr Er 61951042 11100015A400' 21$6561 11,165.0✓ 21,865.67 - 11/30/1019 Air, E4rnine P)rnnt Added to AtCount 60.147.89 23105401172,,86561 21,865,67 E11.14125 MMC PORTION Q PP/Comp B/Dadnlggf ,. -TranTOCEput Tranale: a QPP/(OmPI 21,Lipse Adjustmerit QPP TI NO PORTION II/25/2019 1.1410GEAN01N11118 MNS PMNT 0000000000041034102t707) 7,]33.)0 7,731 Io 11/2511019 UIIC C'ONIMUNRY Pl ECCU111APMT 146003411910W01NN' I'20191122159004 2490.98 2,41090 11/25/J019 UUVIIAS SOLUTION IICCIAIMPMT 676 Pr; 420000140 INN• V Cf I5301O61.1205 979.11 1112612019 WIC COMMUNITY Pt 11CCUTAfPIAT1,4003411910000 0001'201911231580U5 - 2J,916.16 2391G. 16 11/26/2039 NDVIIAS SOLUTION UCC!AIMPIAT 676351120000173 IHII' 1'E31538807391205 /I4,713414 ,4,21314 11/2N101'9 (,'ORE OUT CA14TCX HEATH GORE CEMEAS M 155.234.98 ✓ 1 11/17/2019 DEPOSIT 50,162.01 50,162.0t 11/27/2019 HARP SuPPIJmenl4 UC,CIrNNIPM1 74600'JIll 114334 IN N'1'14R16354.10'IJ4l; 4,60350 4,0.150 11/29/2019 AMERIGROUP CORY01PAYMENT CE51951045 111000SA'OO• 7,862A4 7,862.04 7196E.04 11/20/2019 Ur1RerPIC41thf+re UCCLAUAPIAT746003,131 124394 TAN41.9488125195.141120 3,78000 3,780 (XI 11/29/2019 AAHP Suppitimmot+ HCCU\UAPMT 146001111124384 TR11. 1' 11819641126."W4 L MOLL A50.88 L • 3. 00 11/30/2019 kv Earning PYmnt Added to Amount 255,234,99 116.964.12 1,e6x,o4_ 1,662.a 101051t 00 MUSIC PORTION QIPP/C mp yf 1 ntIII !L+S3Lt4P3 Tr slgl•IR glPp/(OmP1 ZIMURe Aluslanl Q II RTIONCta 11/2S/2019 UNC COMMUNITY PL UCCLAIMPM 1146003411910000 TRU' I.2019102127004 - 194OD 134 II/25/2019 UNC COUt tY PL HCCLAIMPMT 7460034119100001 Will'20191122112OW 2,986.13 2,986'0 II)25/2019 NUVI [AS SOLO NON 11CCLNRA PM 16)4313 J100001401 AN I W 1538705391 DOS 34,036.01 34.03601 11126/2010) UIIC COMPIUMMY lit MCLAIMPAI 11400341191000011U1. 1. 20191113158002 20,279,84 11/26/2019 14OVI TAI SOLO HON IICCLARAPIA 16761?342UD00173 I TIN' 16EFT530005'3' 1105 32,2510E 3).15106 11126/2019 HE At IN HUMAN SVC 11MAIASPAIT 17460014111009 J TAN# I'=981A11669RE / W1.31 63183 11/2J/2019•NI RE OUT CAUTCY HEALTH CARE CENTC AS lit 314 JJ ✓ 1 i/21/2019 DEPOSIT 8,460,74 11/27/2019 UIIC CONIMUNIry PL IICCLAIASPM1146003A It 910000 VAN * 1' to 19112411.1001 2,913 49 W27/2019 HUMANA CHA CASE ECCIAIMPM Id9086142000016291 RN91.01A8J010089[Jl 581.49 $9149 11/29/1019 AMCRIGAOUP CORPQf+PAY.MENT CC 51151044 11100015A60' 7,029,10 7,029,10/ 71029,10 11/30/2019 Aur I irmng PYmm Added to AC29YA1 4915 _ 31i 321.9i �109929.36 7>029.10 102.350.31 _11029.10 61MC PORTION "Wrosump yri Ok 0on rranner•OuS )anslelAO qPP/Comp! 2,3.lopse �Adlusime QIPP 41 NHPORUGN 11/75/2019 110 SOLUTION IICC IMPIAT 4J5661J 0000140 TRN'1'EFTS366523'1205 1085251 13.076 11/25/2019 HCALHI 14UAIAN SVC UCC(AIMPAIT 11400034113006 11Rf1' 160SD91101173053 3,0)6,83 93 1112WOU9 UHC COMMUt111Y Pt U(:C(AIMPMT74600,IJ11 MODULE IAN'1•IVI911331JOOS 4,551.19 4,55379 11/27/2019 WI11E OUT CAIITEY HEM TH CARE CkMERS IA 56182S 58 g/ 11/27/2019 DEPOSIT 13,a32.t313 11/27/2019 UtICCOMMUl111Y'PL IICCIUMFINAT146003411 91OU60 iRN'1'20191124128C0) - 13,755.55 13,]5555 11127/2019 AAHP Supplemenia HMAIMPAIT 74WO3111124384 iet1'1'1.18 ][J0641'llG2'. 2,046.00 ZC46 Do 11/2912019 AMFRIGHOUP CORPO CPAYMEW FES 195104111100015A•00• 9,356.51 9,356.51 14356.51 tl/30/2019 Arc: Earning Plrnnt Added to ACCount 20.93 - 561025.50 i57409.1.25 9.356.51 47,716.111 /9,356S1 ry «CHI_ Y _ _,- 62001.19 AIMC PORTION QUIP/Comp Yr 1 Well at W082 HOQston` . Trans r001 ]rapylle R QIPP/C9mpl !.).lapse Adlusimenl QIPP A Nit PORTION 11/25/2019 leFoCtln:olrp TRSC HCCLAIMVMT 3113360F07 IIHM IR11' 1•31133405])•11526 9,23463 9,234 e1 II/25/2019 VNITEDHE•ILNICARC HCCLAMIPM? I IGW3411124384 TRH' 10 ITH46980909' 14 2.870.00 2.8/U 00 I1/25/2019 UUC COMMUfIITY PL UCCLAIIolPM1 746MAI 1910WO TRH• I.20191122161 W 1 12,526.46 12.W6 46 It/2S/2019 NOV11,15 SC IV i10N11CCLUM PhlI 61G110 J1WWIJ0 TRN•1'EFt Sl9>049'1205 23,31043 1112612019 MANAGEANDtI1 TI118 MNS PAINT W W000W002482 A10Y4)085 61211. so 6,211.$0 11/26/2019 UHCCOAIMUtIIIYI'LIICCIAINIPA3Tl46W341191LOWTRN•I.10191123122W3 20,11365 20,11365 II/26/2019 t1O\9rAS SOLUTION IICCIAIMPIAT 676310 120M173 In11.1'E)t5seffo '1205 /51.J58.SA SI,J58.So 11/27/2019 WIRE OUT CAM(f E% HEALTH CARE MOM III 163,3)4.51 ✓ 11/27/2019 DEPOSIT 1 4,082.95 11/27/2019 AUlerigrOUL) 1XSC WAS CET 3113589551 11IMW18 - B20.0 SjQ W 1112712019 U IC CONPAUNOY I'L UCCLAIN PA111d6CAJJ 1J 91WOO IRN• 1.2019112411 toll 8,975.97 1,475 V1 11/27/2019 AAHP SVPPRAM(dla HWAIAIPMI 746WI 131 12.1331 TAN' 1.1487649521. 1362; 11 301 LU / 1.1 1 e) 11/24/2019 AWRIGROUP CURPO CPAYMENT E(S195101311100015A•00' 8,439:11 8,439.42 J 8,419.42 1113012019 ACC? Fatning PHmir ,Added to Amount Ill 45,66 ' 108.376.51 158,503.45 0.439.4E 8.439.42 150.010.17 S TOTALS 8)4,90).W 6]5,54),20 544552.74 S4,552,74 620,118.44 Memorial Medical Center Nursing Nome UPL Weekly Nexion Transfer Prosperity Accounts 12/2/2019 Prcmous A count Beginoing clec Nexlon Nli (it Golden rerk Wells Fargo flows, N.A BA scot _ Nora: only oomna•r olmar ss,uco,vm ee arena/erren ro we r,vr3lnl, norm•. Nole: eorn nuro,,,a nnsnnase bmm�a•oJ Saw mar Hanle nePonnva ro open arrarrnr. ! W n weedy v,a,m„em uPl n.minr mn,rn,rr\2m9\o.•<enn„ •,pn! um n,n.m, sv,an„ry r:�s Iv .n, amount m Be Ran,krled to II I.Ul0 ti3 /P LI,,r,A Bninme II I.U70 Ga v V,m. e le:,ve in Balance IOn Oil Pearling 41PP Ck to MIMIC CtIPP Comp 23,335.41 QIPP 2.3,loPse oaobermterest 24.41 t/ Novembetinteresl 22.27 December Interest ABlusl "Ault m 8).Sig.96 nnoraren Dim c nlooro, CFO 121212019 APPROVED ON SEC 0 2 2019 COiINTY AUDI'COIi C(s1,HOIIN COLJN'PY,TERAN m CIA °I 0 n T j. 111 1� U= C) uI1 t) U O U U �l U •Y V (LL U •li F. O '7 O O o'- o ii uJ q? o u o w a .r. ari Cu z a s a e "A:' w a w ,vvvUl ivv w rc f� w p L W i9 ;`_' n x ril L r. n T < J a >) I_ - .r V I O m (9 t (7 m q� yU .iLL1 u� g7CJ S7 uvJ fp t/ iL fL '_l_p 3 ii n n o a it o a� n a ncl pU z On Ou.. On a 00 Oa oa On c Ua U 1 U:r1. 'D UI Ill ul III 111 (] lilt Inr � i1U � ` W MMC PORTION Nil '. LJEF9�u1 irciptl413 QIPP/CoMpl QIPP/CamP2 QIPP/CamP3 QIPP/lapse QIPP It PORTION G¢II Pointe PlaEa-Private Pay I1/1111019 ContentEAanaBemu CCD t 1098896111 IN20132576 PMit'IV•OIPP 1121. 15,138118 18t238.88 / ✓ 150E38.81 - It/30/1019 Ace? Earning PYomc At19f9 to Account 1.09 ._.____�._ 15 f02] 15,21888 IB E3888 MMf PORNON Nit i Polnl¢PEaiaM dI®re/Medlald% Transler.OVl Trtttsler in QIPP/Comyl QIPP/COUIP2 QIPP/C0mP3 QIPP/laltse QIPP TT PORTION 11/21/1019 WIPE OUT HMG SE RVICES, LIC 66,189,15 11/30/2019 Aar Earning Perrino AU led to Account 1.83 7,83 SIB - 66189 95 15 2 B.60 15.338 88 15,238,48 rk, rr vcporfis arld Ulill iviclk& icrA ftu un ltmt Insfer . (:DECK R[:C)_UES I- I' Memorial Medical Center Operating 1212119 .... Uol t;piesrr�l APPROVED Ok ACC I U51 CPII Y ..____. __ ..... ON i i.h DEC 02 2019 %'Iail f COUNTY AUDITOR �Rehun hcr.l; In 11c,rt CALHOUN COUNTY, TExAS - --- 11 AIY()IJMI $210865.67 6j1 N)Mh(C It: 21000012 t. WI.,\MAWH- ASHFORD- To transfer funds for Comp 1 - QIPP payment. q )LIf',,I 0ltY. Sarah L. Henderson p.l; It U:)Itlil H P,Y� IVII_IVI(:)ItIA1, N/1F1)1(A1, (::FN [ F-H (I1-1 ECK RIF. QU[_ S f, Memorial Medical Center Operating I)utt° Heque>tc.d 1212/19 r\ FOR !vCCI UiC.ONLY Y APPROVED ON Im x� s(Caah -I DEC 0 2 2019 L�AVP (h ck (JwI k to Venda+ 1' COUNITAUDITOR ��RNluin Clxxl:lo Oepi. CALHOUN COUNTY, TEXAS .-.. _... ..._-_.. _. �1 AAOUidI $7,02910 (�/L NUM liIJ2: 21000010 f %f'I Atdn I li)PI. CRESCENT- To transfer funds for Comp 1 - OIPP payment. rl11II'�i J �" Sarah Henderson Al I II FM I i I I)IlY IVII IVI�11�If\i IVII 1)ICIA! CFN I FR I CHOI( Memorial Medscal Center Operating 12/2/19 Ua1 H quasle;l APPROVLPD tORNAO f. USl ONL" ON DEC 0 2 2019 l (1wct, to COUNTY AUDIF11OR CALHOUN COUNTY, TPXAS l , irtlin n c le hto'I )rld !1N()ONI S8.43942 G/I_NUMMl-H21000011 1 r;PI ADin Ciih�!. SOLERA- To tfansfer funds for Comp 1 OIPP payment. I Ill llul . I, P.y Sarah L. Henderson Al111IORli (1) try IAFIEIVICIRI;AI.. MF1)1 A!_ C F N I IR I IE:CK kFOUI S( IMemorial Medical Center Operating 1212/19 U;irr Hap!^tl�al. Fi 1011AC( t ljif ONIY Y _. _.._ _... _.. "PROVED �._�Imprrtit r_d,h ON DEC 0 2 2019COUTMl�„I,�il I hI; Invondor I � �ftcpi n(h cl: lu Ui�pr ..__.__ ._-._._.__. .... __.QAI-HOUNCO? AUDITOR i 15.238.88 UNTEXAS r1P.4i)(I hll Cl/I NijfvI6Elt 21000014 XPL�V�LA1 R 8!: GULF POINTE- To transfer funds for Comp t - QIPP payment I-:t Uul '0 f I )BY Sarah L. Henderson P.O I I I(MI l 1) 111Y December 4, 2019 2019 APPROVAL LIST - 2019 BUDGE'P COMMISSIONERS COURT MEETING OF 12/04/19 BALANCE BROUGHT FORWARD FROM APPROVAL LIST REPORT PAGE 20 $173,239.11 TOTAL VENDOR DISBURSEMENTS: $ 1739239.11 twej TOTAL AMOUNT FOR APPROVAL: $ 173,239.11 �'" �w 0� b a D C a� °zn zYYYznn Zz °zn z �+ M mayy' to hi zN M 0 N n O O n -? o � z < rn- N N N N N N N N o o N n x[xn9 a a D xxD txnY n O C O Dyr<r Dr DryO r hsss�7s 3 Z �[� ttAA RR11 n M w m w m w m m o g ?R El T.aa` D�^' N'-' nNW naA nwm r vM -3 nM nM n n n0m "' x�ro x_cv cl r�N Nod >y > >> oD bNG1 zm_�y C- d =o yo ^o yo �p p may�eN CC CC a °nZ SZ S SC SZ Sz 'onC ..n Dx on FR my 0 N � A P �i N W oo � V�i O ca to cn o0 A N A o I O o e o0 0 0oo 00 0 > ti �Z Cz Cz N ° y KG ���DCCC KKKD m m a H H H N H C7 FF e � n [i1 r ��f10 O b q P r A °b� � < o. 0 p aroo �yO �O yN yWyyy N O� N 0 0 0 0 o e W c Nn n �N n nxn -Z z0Wn Da H yo mmo o M�' o n appa ci F7S OS ti N vA U A O to W� W 00 o O O �o co 0o �O bC O bo W N W I O I S O I O O I b O � b A [% O O m [90 O O H zr a 9 c 2 o o m � a y O ro O .mod r w SoD z a m K K � a `om m wm vm xm m nj�j vm v a[ron gym�++ alrod vnv env y 4 ;v N W9 e Doti s rn y Ay ti rn n H <N « Usn yi n o $� c y� aomcnn�� m o 3o x x rn a� oNn ro A O x G) G)e Na"y mW.-. rro- of\mNmn ZnnnJN n � o m KM a C7 N � A A A tL4 w pLA 6 N 0o N Ow O. 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