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2007-12-27Regular December Term THE STATE OF TEXAS COUNTY OF CALHOUN Held December 27, 2007 BE IT REMEMBERED, that on this 27th day of December, A.D., 2007 there was begun and held in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to -wit: Michael J. Pfeifer County Judge Roger C. Galvan Commissioner, Precinct 1 Vern Lyssy Commissioner, Precinct 2 Neil E. Fritsch Commissioner, Precinct 3 Kenneth W. Finster Commissioner, Precinct 4 Wendy Marvin Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. AWARD BID FOR SALE OF ONE IL 943 AUTOMATIC FLAME PHOTOMETER, LOCATED AT MEMORIAL MEDICAL CENTER: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to award bid to Diamond Diagnostics, Inc. in the amount of $500 for one IL 943 Automatic Flame Photometer, located at Memorial Medical Center. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. %_111L11VVl`1 k-"UiN11• 11',-1.— _.j.Jliri]I1 INVITATION TO BID SALE OF USED EQUIPMENT DIAMOND DIAGNOSTICS INC ATTN: STACY STEWART 333 FISKE ST HOLLISTON MA 01746 Re: Sale of IL 943 Automatic Flame Photometer SUBMIT 1 ORIGINAL AND 7 COPIES OF THIS FORM You are invited to submit a bid on an IL 943 Automatic Flame Photometer to: HONORABLE MICHAEL J PFEIFER CALHOUN COUNTY JUDGE 211 S Ann St 3`3 Floor, Room 301 Port Lavaca TX 77979 Bids should be submitted in a sealed envelope plainly marked: SEALED BID — MMC EQUIPMENT SALE Bids are due and will be publicly opened in the County Judge's Office at 10:00 AM, Thursday, December 20, 2007. Bids will be considered for award during the Commissioners' Court meeting on Thursday, December 27, 2007. Bids received after the opening time will be returned unopened to bidder. The Commissioners' Court reserves the right to waive technicalities, reject any or all bids, to accept the bid deemed most. advantageous to Calhoun County and to be the sole judge in determining which bids will be most advantageous to the County. The County of Calhoun, Texas is an equal employment opportunity employer. The County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services. Calhoun County accepts no financial responsibilityfor any costs incurred by any bidder in the course of responding to these specifications. ►For questions or inspection of equipment, contact Sue Williams, Memorial Medical Center, at 361-552-0389. IL 943 Automatic Flame Photometer Purchased 1983, Taken out of service in 2006 Does not work/not in good shape (has been in storage for one year) Sold As Is Bid Amount'j'j 5�Q The undersigned affirms that they are duly authorized to execute this bid/contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal. Authorized Signature & Print Name:= clr+ Telephone Number: - 4'20, 0450 AWARD BIDS ON EXCESS WINDSTORM, PUBLIC OFFICIALS LIABILITY, LAW ENFORCEMENT LIABILITY FOR CALHOUN COUNTY, PROPERTY, CASUALTY AND MALPRACTICEIPROFESSIONAL LIABILITY INSURANCE FOR CALHOUN COUNTY EMS ONLY, AND VOLUNTEER FIREMEN BLANKET ACCIDENT POLICY. ALL POLICIES EXCEPT THE VOLUNTEER FIREMEN BLANKET ACCIDENT POLICY WILL HAVE EFFECTIVE DATES OF JANUARY 1, 2008. VOLUNTEER FIREMEN BLANKET ACCIDENT POLICY WILL HAVE EFFECTIVE DATE OF FEBRUARY 1, 2008: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to award bids to GSM Insurance on Excess Windstorm, Public Officials Liability, Law Enforcement Liability for Calhoun County, Property, Casualty and Malpractice/Professional Liability Insurance for Calhoun County EMS only, and Volunteer Firemen Blanket Accident Policy. All Policies except the Volunteer Firemen Blanket Accident Policy will have an effective date of January 1, 2008. The Volunteer Firemen Blanket Accident Policy will have effective date of February 1, 2008. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 207 00 CD § ) cl) 2 k j z 2 \ ) k G / / \ \ \Mn « \ \ § \ o \ ) Ae - _ §_ { _ E 3 ) §_ k 3 ) ^$ - IT - cc / / f \ EE \ 2 - ^ {- 4 \// . \ - _ _ \L6E- 0' &;7{§{§ \ /w62 % � z \u LL � a) Cl) 20 $\ )] - u ! }0w {\j)§ :o=a oj}� « . § / _ \j \W \ } : Page 1 of 1 From: "Lucy Dio" <lucy.dio@calhouncotx.org> To: "Pam Jamison" <pjamison@gsminsurors.com> Cc: "cindy mueller' <cindy.mueller@calhouncotx.org> Sent: Wednesday, December 26, 2007 10:35 PM Subject: URGENT!! - Please respond ASAP! Help!! Hi Pam, Have been going over your bid and have some questions (please be patient with me!!): Excess Windstorm - Renewal policy mentions Valuation at Replace Cost-W/S only. What Valuation is used on our 07108 policy? Public Officials Liab - Why are there 2 bids? Is the lower premium due to it being quoted by a new insurance co? Is the higher premium due to our current policy renewed by the current insur. co? Law Enforcement Liab - Why 2 bids? On 10/30/07 we received Notice on Non -Renewal from Arch Specialty --is this why premium is higher than Indian Harbor? EMS -Commercial Pkg - Is Windstorm, Hurrican and Hail included in policy as Perils per specs? I found the other Perils listed. Specs state windstorm must be included inside Property policy or under separate policy for full limits. Also, Is the EMS Medical Director covered in the Gen. Liab. (see pg 25 of the VFIS EMS quote, second bullet item for Volunteers & Employees as Insured) Thanks for your help! I hope to see you when/if you pick up the Windstorm check! Lucy 12/26/2007 Page 1 of 2 Luev Dio From: "Pam Jamison" <pjamison@gsminsurors.com> To: "Lucy Dio" <lucy.dio@calhouncotx.org> Sent: Thursday, December 27, 2007 8:14 AM Subject: RE: URGENT!! - Please respond ASAP! Help!! First of all girl, WHAT are you doing working at 10'30 at night!!!!!!! Here are your answers: Excess Property - Same Terms & Conditions, etc as expiring - Replacement Cost of 4 locations have total TIP" of$41,101,238. Bldg&Contents This policy is Excess Wind only over the TWIA Primary Windstorm Limits Public Officials - 2 Bids just to give options - Diamond State is your current carrier and State National is the new option Law Enforcement - 2 bids just to give options - Arch sent non -renewal because the entity we went thru lost their contract so we found another way to get there (Arch Premium is not due to "conditional" non -renewal), Indian Harbor is just cheaper so wanted to give better option EMS - Wind in included at a 5% deductible Named Storm deductible - See Page Titled ''Deviations from Bid Specs rr at almost next to last page Windstorm is included at a 5% deductible Earthquake deductible: $7,391.00 and RE: Medical Director verbage on pg 25 is added back on to include VGL308 ( exact same coverage as all previous years). See you there Regards Pam jamison,cwcA Marketing Manager GSM Insurors A Partner of the Insurers Group, LLC pjamison@gsminsurors.com Phone - (361) 729-5414 ext 129 Direct Line - (361) 727-3081 Fax - (361) 729-3817 www.gsminsurors.com This e-mail & any attachments may contain confidential information and is intended for the addressee only. If you are not the intended recipient, you should destroy this message and notify the sender by reply a -mail. If you are not the addressee, any disclosure, reproduction or transmission of this e- mail is strictly prohibited. This e-mail has been scanned for viruses before being sent; however, it is recommended that the message & any attachments are also checked at the addressee's end. We will not be held responsible for any virus that is contracted via this e-mail. Coverage cannot be bound by email or voice mail From: Lucy Dio[mailto:lucy.dio@calhouncotx.org] Sent: Wednesday, December 26, 2007 10:35 PM To: Pam Jamison 12/27/2007 0GSM]INSURORS *A PARTNER OF THE INSURORS GROUP Excess Wind Public Officials Law Enforcement Real people ... Real service... Since 1923 PREMIUM SUMMARY EMS Total Package incl Accident/Sickness 2008/2009 TOTAL PREMIUM: 2007/2008 Total $236,202.16 $ 889544.04 $ 109525.00 $ 399258.37 $ 614605.00 $ 1999932.41 GSM -Taylor, Texas Rockport -Personal Lines Rockport Corporate Office 2209 N. Main 2712 Hwy. 35 N., Rockport, TX PO Box 1478, 78381 Taylor, TX 76574 Phone: 361-729-5414 1102 E. Laurel St., Rockport, TX Phone: 361-352-2000 Fax: 361-729-3817 Phone: 361-729-5414 Fax: 361-729-3817 Fax: 361-729-3817 www.gsminsurors.com GSM -Aransas Pass, Texas 360 S. Commercial St. Phone: 361-758-7545 Pax:361-729-3817 GSM -Port Lavaca, Texas 131 N. VIMinia, Suite G Port Lavaca, TX 77979 Phone: 361-552-6773 Fax: 361-552-6744 Insurance Proposal Calhoun County, Texas Calhoun County Annex Presented by: GSM INSURORS PROPOSER CERTIFICATION AND DECLARATION OF COMPLIANCE The undersigned, as Proposing Agent/Ltsurance Company, does hereby declare that they have read the specifications for the County insurance }programs, and with full knowledge of the requirements, does hereby agree to furnish A services and afford all provisions of coverage in full accordance with the specifications and requirements. The Proposer affirms that, to the best of their knowledge, the proposal has been arrived at independently and is submitted without collusion to obtain information or gain any favoritism that would in any way Iimit-competition or give an unfair advantageover other proposers in the award of this insurance. All proposals must include completed Proposal Spreadsheet to be considered. INSURANCE AGENT'S I'RRORS & OMISSIONS Insurance Cornpany: _V\Lvl-4r4.t' �J—n5. W. ,z Dates: 3 D Deductible:'OlD60, Areper occurrence? If you choose not to submit a proposal, check the'appropriate response below and return this completed form. I wish to remain on the Vendors list: Yes No Vendor's Nance: Authorized Company Official's'_Vame (Printed) !^ Signature of Company Official EXCESS WINDSTORM Insurance Company: Landmark American Insurance Company — AXI Proposed Policy Period: 1-1-08 to 1-1-09 Coverage Detail Limit: $ 28,277,238.00 Scheduled Building & Contents In Excess of : $ 12,824,000.00 Scheduled Building & Contents Valuation: Replacement Cost — Windstorm only Terms/Conditions: RSUI Forms Excess Physical Damage Forms Exclusion of Terrorism Exclusion and Limited Coverage for Fungus Exclusion of Pathogenic or Poisonous Biological or Chemical Material Minimum Earned Premium TOTAL PREMIUM: $ 88,544.04 November 12, 2007 Crump Insurance Services, Inc. 7557 Rambler Road Suite 300 Dallas, TX 75231 Fax: (214)691-5460 ATTENTION: RICHARD COVINGTON RE: Property Quote $82,900.00 Premium $1,500.00 Fee $4,093.40 Tax $50.64 S.F. S88,544.04 Total Submission Number: 23537 Renewal of: LHD350379 Company: Landmark American Insurance Company - (Best rating: AXI) Coverage: Property Insured: Calhoun County Texas Port Lavaca, TX Policy Dates: January 01, 2008 - January 01, 2009 Property Limits: $28,277,238 scheduled building and contents In Excess Of: $12,824,000 scheduled building and contents. Valuation: Replacement Cost Audit Terms: Non -Adjustable Coverages: Building, Contents Perils: Wind Only Form: RSUI Excess Physical Damage Form - April 2007 Edition Policy Attachments • Exclusion Of Terrorism - RSG 96005 0904 • Exclusion And Limited Additional Coverage For Fungus - RSG 96004 0903 • Exclusion of Pathogenic or Poisonous Biological or Chemical Material - RSG 96014 0504 23537 1 of 2 A member ofAtleghany Insurance Holdings LLC Premium Amount Premium: $82,900.00 Gross Premium: $82,900.00 Comments: THE PREMIUM AMOUNT DOES NOT INCLUDE SURPLUS LINES TAX. For the purpose of computing surplus lines tax, premium must be allocated to each state in the same proportion that the given state's total insured value relates to 100% of the risk's total insured value. For Florida risks, the Broker is responsible for collecting and remitting the Hurricane Catastrophe Fund Assessment and EMPA fee. Coverage has been "rejected" by the Insured for all acts of terrorism Including but not limited to those that are certified by the Secretary of the Treasury under the Terrorism Risk Insurance Act of 2002, Any new locations are subject to underwriting review and acceptance by the carrier prior to binding. Please read all terms and conditions shown above carefully as they may not conform to specifications shown on your submission. Any non -concurrence of terms (defined as premium differences, different exclusionary language, different deductibles, or different limits/sublimits) with co -participants on this layer is subject to the approval of RSUI. This Quote is valid until 01/01/2008. We greatly appreciate your business. 2of2 CA member ofAllegheny Insurance Holdings LtC PUBLIC OFFICIALS LIABILITY Insurance Company: State National Insurance Company Proposed Eff Date: 1-1-08 to 1-1-09 Coverage Detail Limit: $1,000,000 Deductible: $ 10,000 Organization - $10,000 Employment Practices Terms/Conditions: Full Prior Acts Claims Made Policy Subject to signed application — 2006 CPA audited financials — and endorsements as listed and shown in sample policy PREMIUM: $109525.00 Hi=. ft. M7 Win Sk Am kNY 1OW4 �1 A HISCC3X James Pittler Pittler, Michaelson & Frost 10400 Courthouse Rd PMB#281 Spotsylvanta, Virginia 22553 Quote No.: UDA1046075 November 1 st, 2007 RE: Calhoun County Public Officials Liability Dear Sirs In accordance with your request for a proposal, and based upon the information submitted, I am pleased to offer the following indication subject to receipt, review and acceptance of: 1. Newly signed and dated Main Form Application if not bound by 1/1/08. 2. 2006 CPA Audited Financial Statements Limit of Liability Retention ( Each Claim and in the Aggregate for all ( Each Claim including Claim Claims including Claims Expenses ) Expenses) $1,000,000 $10,000 Organization $10,000 Employment Practices Annual Premium $10,525.00 The above indication is subject to our standard policy form and is inclusive of the following: 1. One (1) year policy period; 2. Full prior acts; 3. State National Insurance Company, Inc. which is Admitted and rated A by A.M. Best. Financial Size Category is Class VII; 4. Attached endorsements apply: (1) E511.1, (2) E5432, (3) E545.1, (4) E602.2, (5) E611.1, (6) E613.1, (7) E625.1, (8) E673.1, (9) E693.1 Telephone (914) 273-7400 Facsimile (914) 273.4716 w .hiscoxusa.00m Email hisow.usa@hiscox.com (Page 1) thm. Inc. W We Strap Ar W iDSD. 40 HIscox Thank you for the opportunity to offer a proposal. Please give me a call if you have any questions. Sincerely, k 7 Kathleen Ray Assistant Vice President Non -Profit D&O Telephone (914) 273.7400 Facsimile (914) 273-4716 m .hisooxusa.com Email hiscox.usa@hiscox.com (Page 2) PUBLIC OFFICIALS LIABILITY Insurance Company: Proposed Eff Date: Coverage Detail Limit: $1,000,000 Deductible: $ 10,000 Terms/Conditions: Full Prior Acts Claims Made Policy Diamond State Insurance Company 1-1-08 to 1-1-09 Forms/Endorsements: Declarations, Forms & Endt Summary, Public Officials Policy, Public Officials Application, Privacy Notice, Indoor Air Quality Excl, Texas Important Notice, Texas Amendatory Endt, Contractual Liability Exclusion The policy forms and endorsements to continue as expiring PREMIUM: $13,750.00 J. H. Ferguson S, Associates, LLC Telephone No.: (610) 660-3698 A Member of the United National Group Facsimile No.: (610) 668-3765 ***** THIS IS A CLAIMS MADE POLICY ***** To. JIM PITTLER Fax No.: (540)-898-7106 Producer: PITTLER,MICHAELSON FROST 10400 COURTHOUSE ROAD PMB # 281 SPOTSYLVANIA, VA 22553 From: JON PINKERTON RE: CALHOUN COUNTY, TX - 1332 Date Issued: 11/26/2007 (�u Expiring Policy. B173538 We are pleased to offer the following QUOTATION 2702115): Type of Insurance: PUBLIC OFFICIALS LIAB. LIMIT OF LIABILITY DEDUCTIBLE $1,000,000 $10,000 ( X ) FULL PRIOR ACTS ONE YEAR TERM PREMIUM $13,750 ( ) RETROACTIVE DATE: NOT APPLICABLE INSURANCE COMPANY: DIAMOND STATE INSURANCE COMPANY ( _ ) Producer responsible for surplus lines filings and the payment of taxes The following Forms and Endorsements will be attached: F327 DECLARATIONS F328 FORMS AND ENDORSEMENTS SUMMARY F279 PUBLIC OFFICIALS POLICY F286 PUBLIC OFFICIALS APPLICATION NAA-105 PRIVACY NOTICE EXA-255 INDOOR AIR QUALITY EXCLUSION F316 TEXAS IMPORTANT NOTICE F371 TEXAS AMENDATORY ENDORSEMENT F237 CONTRACTUAL LIABILITY EXCLUSION Please advise if this is to be bound on or prior to the expiration date SUBJECT TO A COPY OF THEIR LATEST AUDITED FINANCIAL STATEMENT. THE TERMS AND CONDITIONS ARE QUOTED, "AS EXPIRING". Three Bala Plaza, East Suite 300 Bala Cynwyd, PA 19004 LAW ENFORCEMENT LIABILITY Insurance Company: Indian Harbor Ins Group Proposed Eff Date: 1-1-08 to 1-1-09 Limit: $ 1,000,000/$ 1,000,000 Deductible: $25,000 Defense outside the limits — Occurrence Form TERMS, CONDITIONS AND SUBJECTIVITIES include but are not limited to: • $250 Policy Fee in addition to the annual premium. • Policy Form: PES-LEL-PF (10/07) An OCCURRENCE form. • Punitive and Exemplary Damage Coverage is included in the annual premium. • Surplus Lines Acknowledgement Form within 10 days of binding. • Canine and handler training certification within 10 days of binding. • Service of Suit Endorsement (XL Form Number TBD) • 25% Minimum Earned Premium Endorsement (XL Form Number TBD) • Exclusion Endorsement — Moonlighting (XL Form Number TBD) • Any Notices or Disclosures required by the state regulatory agency. • Payment is due and payable within 30 days of inception. • Your office will be responsible for the filing, collection, and remittance of all applicable surplus fides taxes and fees. PREMIUM: $399258.37 Brown & Brown Public Entity Services® 2301 North Greenville Avenue, #230 Richardson, TX 75082 Main Number: 469-449-1516 Fax Number: 469-449-1517 QD LAW ENFORCEMENT LIABILITY QUOTATION OCTOBER 24, 2007 FAX NUMBER: 540-898-7106 PRODUCER: Jim Pittler APPLICANT: Calhoun County Pittler, Michaelson & FlIr�ost, Inc. 211 S. Ann 10400 Courthouse Itoap Pon Lavaca, TX 77979 Spotsylvania, VA 22553 I INSURER: INDIAN HARBOR INSURANCE COMPANY BEST RATING: A+XV A SURPLUS LINES CARRIER PROPOSED INCEPTION: 1/1/2008 POLICY LIMITS: DEDUCTIBLE: ANNUAL PREMIUM Each Wrongful Act / Annual Agg. Including LAE $1,000,000 / $1,000,000 $25,000 $37,171 TERMS CONDITIONS AND SUBJECTIVITIES include but are not limited to: $250 Policy Fee in addition to the annual premium. • Policy Form: PES-LEL-PF (10/07) An OCCURRENCE form. • Punitive and Exemplary Damage Coverage is included in the annual premium. • Surplus Lines Acknowledgement Form within 10 days of binding. • Canine and handler training certification within 10 days of binding. • Service of Suit Endorsement (XL Form Number TBD) • 25% Minimum Earned Premium Endorsement (XL Form Number TBD) • Exclusion Endorsement — Moonlighting (XL Form Number TBD) • Any Notices or Disclosures required by the state regulatory agency. • Payment is due and payable within 30 days of inception. • Your office will be responsible for the filing, collection, and remittance of all applicable Bta taxes and fees. �� pp G Proposal prepared by: �;t 4 rk E. Dillard, Vice Pre tde If there have been any material changes since the application has been signed, you must immediately report the applicable changes to Brown & Brown Public Entity Services. This proposal is valid until 12:01 AM 1/l/2008. If we have not received a written request to bind coverage by then, we will close our file. This proposal may not match the coverage requested. If you have any questions or would like alternative proposals please contact us. REMINDER: Only BBPES Dallas has the authority to bind, alter, or cancel coverage on behalf of the carrier. Coverage cannot be assumed to be bound without written confirmation from an authorized representative of BBPES Dallas. 10/24/2007 4:46 PM Page 2 of 3 LAW ENFORCEMENT LIABILITY Insurance Company: Arch Ins Group Proposed Eff Date: 1-1-08 to 1-1-09 Limit: $1,000,000/$1,000,000 Deductible: $10,000 Defense outside the limits — Occurrence Form Terms & Conditions as expiring PREMIUM: $50,695.66 Quote with Alternate $25,000 Deductible: $$449658.09 Arch Insurance Group November 19, 2007 Mr. Jim Pittler Pittler, Michaelson & Frost 10400 Courthouse RD PME k 281 Spotsylvania, VA 22553 Delivered by email to: jpittler@pittlercom Re: CaOmun county, TX 1 Liberty Plaza, 53Id Floor New York, NY 10006 Phone: (212) 651-6500 Fax:(646) 746-8103 Dear Jim: On behalf of the Arch Specialty Insurance Company, a member of the Arch Insurance Group, I am pleased to offer the following quote on the subject risk. Form: Law Enforcement Liability 00 LEL0029 00 05 05 (Occurrence) Insured: Calhoun County Term: 1 year (1/1/2008-1/1/2009) Endorsements: • Regulatory compliance / notice endorsements as necessary 6 Service of Suit Minimum Earned Premium Endorsement • Moonlighting Exclusion Limits of Liability: Deductible: Defense costs are outside the limits of liability Punitive & Exemplary Damages coverage is included $1,000,000/1,000,000 $1,000,000/1,000,000 $10,000 Each and every occurrence I $25,000 Each and every occurrence Premiums: $48,073 I $42,318 Validity: Quote is valid until January 10, 2008 Additional Terms: ♦ Important Notice to All Texas Policyholders 05 PL0003 44 02 04 Subject to: ♦ N/A Exclusions: ♦ N/A Mr. Jim Puler. Puler. Michaelson. &Frost November19. 2007 Page 2 of 2 Notice: ARCH Insurance Croup Aa da Aao,um, It is the agency's/brokerage's responsibility to conform with the laws & Regulations of the applicable jurisdiction, including, but not limited to, payment of premium, taxes, procuring of affidavits and compliance with surplus lines laws. Please note that if between the date of this letter and the effedive date of binding coverage there exists any material changes in the information (including but not limited to claims or potential claims) originally submitted or subsequently requested by the Insurer, the applicant is required to advise the potential Insurer immediately and prior to binding the coverage. The potential Insurer fully reserves its rights with respect to the underwriting acceptance or denial of the account in the event of such a material change in information. In order to complete the underwriting process, we require that you send us the additional information requested above. We are not required to bind coverage prior to our receipt, review and underwriting approval of the above information. However, if we do bind coverage prior to such approval, it shall be for a temporary period of not more than 30 days. Such temporary binding of coverage shall be void ab initio ("from the beginning") if we have not received, reviewed and approved in writing such materials within 30 days from the effective date of the temporary binder. This 30 day temporary conditional binder may be executed only in writing signed by the Insurer. Payment of premium shall not operate to extend the binding period or nullify the automatic voiding as described above. Should you have any questions or need any additional information, please feel free to call me at (212) 651-0668. Best regards, Nicole Mancuso Senior Underwriter Professional Liability Calhoun County EMS VFIS Program Commercial Package $ 69570.00 Business Auto $ 479855.00 Accident/Sickness: $ 79180.00 Annual Installment TOTAL $ 619605.00 See Proposal attached OVFISO A Division o: t'aWfelter answC nGP G Qup An Insurance Proposal Prepared For CALHOUN COUNTY Presented By: REGNIER & ASSOCIATES INC 3420 EXEC CENTER DRIVE STE 301 AUSTIN, TX 78731-1626 (512) 448-9928 Date: December 04, 2007 This proposal is valid for 90 days GENERAL INFORMATION First Named Insured: CALHOUN COUNTY Mailing Address: 211 SOUTH ANN STREET PORT LAVACA,TX 77979-0000 Coverage Applies To: /CALHOUN COUNTY EMERGENCY MEDICAL SERVICE, MAGNOLIA BEACH VOLUNTEER FIRE DEPARTMENT, OLIVIA/PORT ALTO VOLUNTEER FIRE DEPARTMENT AND EMERGENCY MEDICAL SERVICE, POINT COMFORT VOLUNTEER FIRE DEPARTMENT AND FIRST RESPONDERS, PORT LAVACA FIRE DEPARTMENT, PORT O'CONNOR VOLUNTEER FIRE DEPARTMENT, SEADRIFT AREA VOLUNTEER EMERGENCY SERVICES x PROPERTY Schedule of Locations Premises/Item Address 1 / 1 216 E MAHAN Occupancy AMBULANCE/RESCUE BUILDING Schedule of Limits Building Contents Premises/Item Building Valuation Contents Valuation Deductible 1 / 1 $147,824 RC $500 Special deductibles apply to loss caused by earthquake or flood and may, in some cases apply to wind as well. See the coverage highlights and any Property notes in the following pages. 000 0• x 142m133^ x 147,823,.52 000 0- r GENERAL. LIABILITY This coverage contains the following four sections: • Coverage A. Bodily Injury and Property Damage Liability protects you when claims are made against you because of injury to others or damage to their property, unless caused by an auto. • Coverage B. Personal and Advertising Injury Liability protects you when claims are made against you because of offenses such as false arrest, wrongful eviction or slander. • Coverage C. Professional Health Care Liability protects you when claims are made against you as a result of your handling of patients, or providing, or failing to provide, medical services. • Coverage D. Medical Expense protects you when claims are made against you as a result of injuries suffered by the public (not your volunteers or employees) because of your premises or operations. These expenses are payable even if the injury occurred through no fault of your own. Optional Coverages Limits Limits Each Occurrence or Medical Incident ......................... $500,000 Personal and Advertising Ina each offense $500,000 Fire Damage Legal Liability (any one fire) .. . . . . . ............. $500,000 Medical Expense (each accident) . . . . . ......................... $10,000 General Aggregate ............................................. $1,000,000 (the total payable in any policy term) Products / Completed Operations Aggregate .................. $1,000,000 (the total payable in any policy term) Optional Coverages (apply only if checked ❑ Owned Watercraft Liability (boats exceeding 100 horsepower) �I AUTOMOBILE Coverage Limits Bodily Injury / Property Damage Combined Single Limit ..................... $500,000 "No Fault" or Statutory Personal Injury Protection .................... ........ Included �S Medical Payments (Each Person) .. , , ... , Not Included L,Uninsured Motorists / Underinsured Motorists Insurance ..................... Included ✓Hired & Borrowed Vehicles ................................. Included Commandeered Vehicles,,,,,,,,,,,,,,,,,,,, Included Temporary Substitute Vehicles . ........ . . . .... ................................. Included Fellow Member Liability .................... .................................. I Included Incidental Garage Liability..................................................... Included Schedule of Covered Vehicles Coll. Veh. Agreed Comp. No. Year Make Classification ACV Value Ded. Ded. 0001 2002 CHEVY AMB ALS $109,000 $1,000 $1,000 0002 1997 CHEVY SALVAGE $32,000 $1,000 $1,000 0003 1999 CARGO TRAILER $20,000 $1,000 $1,000 0004 1987 WELLS TRAILER $10,000 $1,000 $1,000 0005 1996 GMC AMB BLS $80,000 $1,000 $1,000 0006 1954 GMC BRUSH VEH $50,000 $1,000 $1,000 0007 1999 FREIGHTLNR PUMPER $300,000 $1,000 $1,000 0008 1992 CHEVY RESCUE LT $90,000 $1,000 $1,000 0009 1980 BOAT TRAILER 0010 1976 GMC TANKER $120,000 $1,000 $1,000 0011 1995 FORD AMB BLS $109,000 $1,000 $1,000 0012 1983 GMC MINI PUMPER $50,000 $1,000 $1,000 0013 1999 INT'L PUMPER $160,000 $1,000 $1,000 0014 1990 LEE TRAILER $40,000 $1,000 $1,000 0015 1989 FORD BRUSH VEH $50,000 $1,000 $1,000 �� 0016 1983 JEEP BRUSH VEH $50,000 $1,000 $1,000 0017 2001 GMC PUMPER $180,000 $1,000 $1,000 � \ 00\ � 0 0 a § k �5 06 k � k I L. x U $ § J � § G � $/ d0 /j= D \k� E(/} 5-Qw ®ID 2ECo \ 2 § \ 0/m< GE)/ ` 2 J IL rx CL E E ''m^ V! A C W N _ U_ O Q m N � 0 Z N V% a 01 W N a E E W Cl > m m o Im m 2E 0 LL > ¢ o LL O L LL .6 LL > o U a N t6 > a ° a OLL > � �j O a C CD Q a` in v d 7 V C 4 W a)N co C C 4T N a z w Y o c Ci 8 r N c D R 3 c ' k _ @ m (� (� O } F m M LL w LO W O W m d 7 U O C C i In c > Q m a it L 3 W a m o w f0 m W Y Q r D d O J c E d E O m E 3 E d 0. Y E J d a U U U U U U U 0 0 (J C G C C C G C C G C Y_ .E O O 0 0 0 0 0 0 0 0 Z Z Z Z Z Z Z Z Z Z J 3 x N w o_ a J J z z O Q U � C Ca Z @ @ W f U r Q > J t : d m@ N r ' Q Q Z w _ C) n @ X w O e @ n v a o a ) W @ ~ O `' a -o a Y m E D@ T 0 O O N U U >> d C Q Q> O U O� Q N Z O O O a m >- m 0 06 k a co 0 v @ rn a INTERLOCAL AGREEMENT BETWEEN THE CALHOUN COUNTY HISTORICAL COMMISSION AND THE JAMES W. FANNIN CHAPTER OF THE DAUGHTERS OF THE REPUBLIC OF TEXAS AND AUTHORIZE PAYMENT OF PURCHASE ORDER #063385 IN THE AMOUNT OF $1,000: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to enter into an Interlocal Agreement between the Calhoun County Historical Commission and the James W. Fannin Chapter of the Daughters of the Republic of Texas and authorize payment of purchase order #063385 in the amount of $1,000.00. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. INTERLOCAL Partnership AGREEMENT THE STATE OF TEXAS COUNTY OF CALHOUN This agreement is entered into by and between the Contracting Parties shown below pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code. Both Agencies are Non- Profit Contracting Parties The Receiving Agency: -James W. Fannin Chapter of Daughters of Republic of TEXAS The Performing Agency: - Calhoun County Historical Commission II. Statement of Services to be performed The CCHC will assist James W. Fannin Chapter of Daughters of Republic of TEXAS with a ONE THOUSAND DOLLAR contribution toward the restoration of the Indianola Cemetery Fund. III. Basis for Other Interlocal Fundings and Services Each project will be presented to the Calhoun County Court for Approval IV. Agreement Amount The total amount of this Agreement shall not exceed $1000 V. Payment of Services James W. Fannin Chapter of Daughters of Republic of TEXAS will receive one time payment of said amount. ( ONE THOUSAND DOLLARS) VI. Term of the Agreement This agreement shall begin on October 28, 2007, and shall terminate on March 1, 2008 VII. Certifications The undersigned Contracting Parties do hereby certify that each is authorized to perform the services required by this Agreement and that such services further a governmental function of Receiving Agency. Payment for the services performed by the Performing Agency will be made from current revenues available to the Receiving Agency. Receiving Agency Performing Agency James W. Fannin Chapter of Daughters of Republic of TEXAS Calhoun County Historical) Commission By: C' /.a. OA t n oella Smith Cherre Cain Date: 3; —on'7 Date: 3 hD7J 12/14/2067,11:18 FAX 1 361 485 0775 JOELLA'S MONOGRAMS INDIANOLA CEMETERIES -RESTORATION FUND P. 0. BOX 1804 VICTORIA, TEXAS 77901 December 14, 2007 Cherre Cain Calhoun County Historical Commission Port Lavaca, Texas Dear Cherre, Subsequent to the meeting 1 attended last year with members of the Calhoun County Historical Commission, I began to formulate a plan for the replacement of the existing fence, restoration of the Indianola Cemeteries and a fundraising campaign to help offset the cost of the project. I have made several trips to the cemetery, to measure the site, and recorded the condition of the grave markers. After much research on types of fencing, I feel that a lifetime cast aluminum fence would be the most durable and attractive; however, the cost is considerable. We have settled on fencing the front of the cemetery with the aluminum fencing and the balance in a heavy gauge chain link fence. Throughout this time, I have talked with Commissioner Galvan and had several meetings with him regarding the cemetery. As soon as I get a delivery date for the materials, I will coordinate the removal of the existing fencing. As required by our organization, I obtained three bids for this project. The fundraising efforts will continue as there is much work to be done within the cemetery once the fencing is completed. I look forward to working with the Cemetery Committee restoring markers, landscaping and hopefully locating some of the unmarked graves. Respectfully, Joella P. Smith ill vice President James W. Fannin Chapter Daughters of the Republic of Texas [a 001 ly 12/1fl/2007 13:43 3615534614 CAL CO TREASURER PAGE.01/02 CALHOUN COUNTY Purchase Order No.' 063385 201 West Austin Port Lavaca, Texas 77979 CHECK REQUISITION/ PURCHASE ORDER verinne N 5 � � i Address: IV C (A fl-'C: /80(( ' Stare: TX Zip: Phone: Address:.b i l S• 99-N City: Ad L&VAC A State: _AX ZiP:77179 Phone: _ TTiEiTEMSORSERVTCRSSHOWNABOVEARENF,RpFDQVTTiEDISCHARCF, Taxes-State/County Deducted OF MY OFFICIAL DUTIES AND T CERTIFY THAT FUNDS ARE AVAILABLE TO + PAY THTS OBLIGATION. I CERTTFY THAT THE ABOVE ITEMS OR SERVICES TOTAL WERE RECEIVED BY ME IN COOD CONDITION AND REQUEST THE COUNTY TREASURER TO PAY THE ABOVE OBLIGATION. - APPROVAL . Pam. /fly%7 SfGNATURE ANTE 12/18/2007 13:43 3615534614 CAL CO TREASURER PAGE 02/02 12/1.8/2007 09:37 FAX 1 381 48B 0775 JO7LLA'S MONOGRAMS James W. Fannin Chapter Invoic( Daughters of the Republic 'r O.. exas Date Invoic®4f P. 0. Box 1804 Victoria, 'tR 77901 12/13/2007 i 12/14/2007 11:19 FAX 1 361 485 0775 JOELLA'S MONOGRAMS U 003 d U� G is V Tndtan ol Cculc.i cry Locat.loa of Tombsa.nnas 1n 1,959 a ADOPT CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to Adopt the Calhoun County Employee Policy and Procedure Manual. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL COMMISSIONERS COURT CALHOUN COUNTY, TEXAS Roger C. Galvan, Commissioner Precinct #1 Vern Lyssy, Commissioner Precinct #2 Neil E. Fritsch, Commissioner Precinct #3 Kenneth Finster, Commissioner Precinct #4 Michael J. Pfeifer, County Judge Calhoun County, Texas Anita Fricke, County Clerk Adopted Effective: December 27, 2007 INDEX CONTENTS PAGE Welcome 4 Response Time for County Employees 4 At -Will Employment 4 Equal Opportunity Statement 5 Unlawful Discrimination and Harassment 5 Sexual Harassment 5 Discrimination or Harassment Complaint Procedure 5 Possible Suspension During Investigation 6 Affirmative Action Policy 6 Hiring and Classification of Employees 7 Pre -Employment Requirements 7 Confidentiality of Certain Employee Information 8 Classifications of Employees 8 Work Schedule, Time Reporting, Work Week, and Payroll 8 Work Schedule; Attendance 8 Calhoun County Work Week 9 Compensatory Time and Overtime 9 Recording of Time; Payroll 9 Employee Conduct 10 Conflicts of Interest 10 Standards of Conduct; Employee Discipline 11 Safety in the Workplace 12 Drug Free Workplace 12 Employee Leave 14 Vacation Leave 14 Sick Leave (Non -Job Related) 15 Holidays 15 Family and Medical Leave Act ("FMLA") Leave 16 Military Leave 17 Citizenship Leave 18 CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 2 Emergency Leave 18 Leave Without Pay 18 Job -Related Accidents 19 Employee Benefits 20 Training 20 Retirement 20 Deferred Compensation Plan 20 Hospitalization Insurance 20 Employee Termination and Subsequent Re-employment 20 General Employee Complaint Procedure 21 County Property 21 Use of County Property 21 Electronic and Telephonic Communications 22 Searches 23 Weapons 23 Violence in the Workplace 24 Appendix Adoption Certificate of Agreement by Department Head Concerning The Calhoun County Employee Policy and Procedure Manual CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 3 WELCOME Welcome to your employment with Calhoun County. The governing body of the County is the Commissioners Court which is comprised of the County Judge and the four Commissioners. The County Clerk, or a representative of that office, is in attendance at all official Commissioners Court meetings to record the proceedings of the meeting. Officials elected on a county -wide basis are the County Judge, District Judges, County Court -At -Law Judge, District Attorney, Sheriff, District Clerk, County Clerk, County Tax Assessor -Collector, and County Treasurer. Officials elected on a precinct level are Commissioners, Justices of the Peace, and Constables. To answer some of your questions about employment with the County and to promote consistent and equitable employment practices, we have prepared this Calhoun County Employee Policy and Procedure Manual ("Manual"). Please read it carefully and retain it for future reference. This Manual is not a contract and bestows no vested rights in county employees. With the exception of the County's policy on at -will employment, the policies and procedures set out in the Manual are guidelines only and are subject to change at any time at the sole discretion of the County. From time to time, you will receive updated information concerning changes in policy. If you have any questions regarding the contents of this Manual, please ask your Supervisor for assistance. This Manual applies to all County employees except hospital employees. An individual Department Head may have supplemental policies applicable to the employees in his/her Department so long as those policies are in writing and do not conflict with the policies set forth in the Manual. Employees of a Department that has supplemental policies must sign an acknowledgement of receipt of the supplemental policies. This Manual may be amended by a majority vote of the Commissioners Court members present at any regular Commissioners Court meeting. RESPONSE TIME FOR COUNTY EMPLOYEES All County employees must reside in a location that enables them to travel to their employment location in Calhoun County within a reasonable time to respond to emergencies. A "reasonable time" will be the time established by the employee's Department Head. AT -WILL EMPLOYMENT This Manual is not a contract, express or implied, guaranteeing employment for any period of time. Employees of Calhoun County are at -will employees. This means that the employment relationship can be terminated by the employee or by Calhoun County at any time for any reason or for no reason and with or without notice. No Supervisor has authority to enter an agreement with an employee for employment for any specified period of time. Only the County Judge, with approval of the Commissioners Court, may enter such an agreement, and such an agreement, to be valid, must be in writing. No Supervisor has authority to make written or verbal promises, CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 4 commitments, or representations about Calhoun County policies and practices that differ from the contents of the Manual and any amendments thereto. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT Calhoun County provides equal employment opportunities to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, or disability. In addition, Calhoun County complies with applicable federal, state, and local laws governing nondiscrimination in employment. This policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation, and training. UNLAWFUL DISCRIMINATION AND HARASSMENT Calhoun County has adopted a policy of "zero tolerance" with respect to unlawful discrimination or employee harassment. Calhoun County expressly prohibits any form of unlawful discrimination or employee harassment based on race, color, religion, sex, national origin, age, disability, or status in any group protected by state or local law. Improper interference with the ability of Calhoun County's employees to perform their expected job duties is not tolerated. Sexual Harassment 1. Sexual harassment is prohibited. Unwelcome sexual advances, requests for sexual favors, and all other verbal or physical conduct of a sexual nature constitute sexual harassment when: • Submission to such conduct is made either explicitly or implicitly a term or condition of employment; • Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment; or • Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment. Discrimination or Harassment Complaint Procedure Each employee of Calhoun County is responsible for respecting the rights of his or her coworkers. If an employee experiences any job -related discrimination or harassment based on sex, race, color, national origin, religion, age, disability, or another factor, or believes that he/she has been treated in an unlawful, discriminatory manner, the employee should promptly report the incident pursuant to this Discrimination or Harassment Complaint Procedure. Should the alleged discrimination or harassment occur at a time other than normal business hours, a complaint should be filed as early as practicable on the first business day following the alleged incident. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 5 Please understand that Calhoun County takes complaints of discrimination and harassment very seriously. Complaints of unlawful discrimination or harassment should be made to the employee's immediate Supervisor. If for any reason an employee is not comfortable making a complaint to his/her immediate Supervisor, the employee may file the complaint or discuss or express any issue of concern with his/her Supervisor's Supervisor or with the Director of Human Resources at any time. All complaints will be kept confidential to the maximum extent possible without compromising the effectiveness of the investigation of the complaint. All employees have a duty to cooperate fully with the County in connection with any investigation of alleged discrimination or harassment. If Calhoun County determines that an employee is guilty of discriminating against or harassing another individual, appropriate disciplinary action will be taken against the offending employee, up to and including termination of employment. Calhoun County prohibits any form of retaliation against any employee for filing a bona fide complaint under this policy or for assisting in a complaint investigation. If, after investigating any complaint of harassment or unlawful discrimination, Calhoun County determines that the complaint is not bona fide and was not made in good faith or that an employee has provided false information regarding the complaint, disciplinary action may be taken against the individual who filed the complaint or who gave the false information, up to and including termination of employment. The Director of Human Resources is responsible for investigating all complaints of discrimination and harassment. Possible Sus ension During Investigation. In connection with the investigation of a complaint of harassment or discrimination, the investigator may determine circumstances warrant that an employee be suspended for a period not to exceed two (2) weeks. The investigator will make such a recommendation to the public official or Department Head responsible for the employee. The public official or Department Head may suspend the employee. Suspension is without pay. If, at the conclusion of the investigation, the employee is reinstated to his/her prior position, back pay for the period of the suspension will be paid to the employee. AFFIRMATIVE ACTION POLICY Calhoun County will not exclude from participation in, deny the benefits of, or subject to discrimination under any program or activity, any person in the United States on the grounds of race, color, national origin, or sex. The County will not discriminate on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified individual with a disability as provided in Section 504 of the Rehabilitation Act of 1990, or on the basis of religion, except that any exemption from such prohibition against discrimination on the basis of CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 6 religion as provided in the Civil Rights Act of 1964, or Title VII of the Act of April 11, 1968, shall also apply. HIRING AND CLASSIFICATION OF EMPLOYEES Whenever a County department has an opening for a job, the Human Resources Director may post and advertise the job opening. Each County department has developed a detailed job description for each employment position within that respective department. If an individual is interested in making application to a certain County department, he/she needs to review the job classification description that will be located in the Human Resources Office job classification file. This needs to be done prior to the completion of the application. The standard employment application, job classification, and position information will be kept in a master file in the Human Resources Office. The individual seeking employment may obtain the employment application form from the Human Resources Office. The application should be completed and then taken to the respective department in which the applicant is seeking employment. The department head or elected official shall take an application or applications to fill a position within the department. The department head or elected official shall determine which applicant best qualifies for the position. Pre -Employment Requirements Certain categories of County jobs require all new employees, prior to first day of work, to take a physical examination by a County -designated physician at the expense of the County, with the job offer being contingent upon the employee's passing the physical examination. Satisfactory completion of the physical examination, when required, must be received prior to regular full- time employment. Certain categories of County jobs may require a criminal background check and/or credit check of the applicant prior to an offer of employment. EMS, Law Enforcement, and firefighters as well as jobs requiring the handling of cash or interaction with minors or the elderly will require the conduct of a criminal background check. Credit checks are required for positions requiring the handling of funds or which are directly related to County finances. Failure to provide written consent for a pre -employment criminal background check or credit check will prevent the County from considering the job application. All offers of employment are contingent upon the person submitting to alcohol and drug testing at the County's expense and upon the County's receipt of alcohol and drug test results indicating that the person is not under the influence of alcohol and/or drugs. See the County's Alcohol and Drug Testing Policy in this Manual. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 7 If employment with Calhoun County requires the operation of County -owned vehicles, verification of possession of the applicable driver's license and a satisfactory report of a job applicant's driver's license record from the Texas Department of Public Safety must be received before regular fall -time status can be acquired. Continued employment depends upon maintenance of the required driver's license and of a satisfactory driving record. Periodic driver's license records checks will be conducted by the County. Confidentiality of Certain Employee Information. Each employee and County official has the right to choose whether to allow public access to information in the custody of the County that relates to the employee's or official's home address, home telephone number, or social security number, or that reveals whether the employee or official has family members. This election must be made in writing within fourteen (14) days of the date employment with the County commences. The election form is available from the Human Resources Director. Classifications ofEmplovees For purposes of eligibility for benefits and salary administration, the County classifies its employees as follows: 1. "Full-time employees" are employees who work for the County for at least forty (40) hours in a work week and who are budgeted as full-time County employees. 2. "Part-time employees" are employees who work for the County for at least twenty (20) but fewer than forty (40) hours in a work week. 3. "Temporary employees" are employees who work for the County on a full-time or part-time basis with the understanding that their employment is for a specific short-term duration or will cease upon the completion of a specific assignment. A person hired from a temporary employment agency for a specific assignment is an employee of the agency and not of Calhoun County. Any questions regarding employment classification should be directed to the employee's Supervisor. WORK SCHEDULE, TIME REPORTING, WORK WEEK, AND PAYROLL Work Schedule: Attendance - Regular office hours are 8:00 A.M. until 5:00 P.M., Monday through Friday, with lunch breaks one (1) hour in length. However, each elected official may set other hours for his or her department if he/she deems such hours necessary or desirable. Further, regular office hours may be altered for particular positions that require that services of the job be available at other times. For example, County offices within the Courthouse will be open from 8:00 A.M. to 5:00 P.M. daily, except the Sheriffs Department which stays open twenty four (24) hours. It is recommended that all Courthouse offices with three (3) or more employees remain open between the hours of 8:00 A.M. and 5:00 P.M. and that no office be left unattended during office hours or coffee breaks. Adjustments to these hours of operation may be made by the Supervisor in order to better serve the public. Some offices may have to staff lunch periods and stay open during the noon hour. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 8 Employees are expected to observe their working hours punctually. When leaving the job during working hours, an employee must notify his or her Supervisor of the destination and expected time of return. An employee who is unable to report for work for any reason must notify his/her Supervisor by 15 minutes after the time the employee is scheduled to begin work. Department Heads may require different call in times. Failure to notify the Supervisor of inability to report to work on time, failure to report to work without an approved absence, leaving work without authorization, or failing to return to work when approved leave has expired will result in disciplinary action up to and including termination of employment. An employee who is absent without notification for two (2) consecutive working days shall be considered to have abandoned his/her position. This absence results in immediate resignation because of abandonment of position. Calhoun County Work Week- The work week for a full-time employee of Calhoun County shall consist of forty (40) hours. The Fair Labor Standards Act work week for all Calhoun County employees except employees of the County Sheriffs Department shall begin at 12:01 A.M. on Saturday and end 168 consecutive hours later at 12:00 midnight on Friday. The Sheriff's Department is on a different work week pursuant to the provisions of Fair Labor Standards Act section 207(k). Compensatory Time and Overtime - It is the County's policy to keep overtime to a minimum. However, employees may from time to time be required to provide service in addition to normal hours or on weekends or holidays. Overtime is defined as all hours worked in excess of forty (40) hours in a single work week. Days not actually worked (e.g., holidays, vacation days, sick days, and FMLA leave days) do not constitute "hours worked" for purposes of calculating overtime. A non-exempt employee who works over 40 hours in one work week will be provided one of the following, at the County's option: paid overtime at one and one half times the employee's regular rate of pay or compensatory time off in lieu of overtime. Compensatory time off is one and one half hours of time off for every one hour of overtime worked. Any overtime worked shall be authorized, in advance, by the employee's Supervisor or the appropriate elected official. An employee who works overtime without obtaining the required approval in advance will be subject to discipline. Employees who meet the requirements for exempt status as executive, administrative, or professional employees under the Fair Labor Standards Act (FLSA) shall be classified as exempt employees and are not subject to the minimum wage and overtime provisions under FLSA. Compensatory time must be used within two contiguous pay periods as it is earned. The Commissioners Court has established the pay period for all County employees and in no event should compensatory time be allowed to accumulate after two contiguous pay periods. An employee may be required by his/her supervisor to use accrued compensatory time. All compensatory time not used within two contiguous pay periods will be paid for as overtime. Recording ofTime - Payroll Each employee is responsible for maintaining accurate time sheets showing the hours worked on a daily basis and any leave time taken. Time sheets should be filled out on a daily basis. Time records must be signed by the employee and by the employee's Supervisor. False or inaccurate CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 9 information submitted by an employee on a time record will result in discipline up to .and including termination of employment. The County's payroll period is biweekly. Employees are paid on every other Friday. If payday falls on a holiday, paychecks will be distributed on the last standard working day before the holiday. EMPLOYEE CONDUCT All employees of Calhoun County are expected to exhibit the highest standards of conduct and ethics as befits their status as governmental employees. No employee of Calhoun County shall engage in any employment, relationship, or activity which would affect his/her job efficiency or which would reduce his/her ability to make objective decisions in regard to his/her work and responsibility as a County employee. Conflicts o Interest. Conflicts of interest are expressly prohibited Activities which constitute a conflict of interest under this policy shall include but not be limited to: a. Soliciting, accepting, or agreeing to accept any benefit, other than from the County, that might reasonably tend to influence the employee's performance of duties for the County or that the employee knows or should know is offered with intent to influence the employee's performance; b. Accepting employment, compensation, gifts, or favors that might reasonably tend to induce the employee to disclose confidential information acquired in the performance of official duties; C. Accepting outside employment, compensation, gifts, or favors that might reasonably tend to impair independence of judgment in performance of duties for the County; d. Making any personal investment that might reasonably be expected to create a substantial conflict between the employee's private interest, and the employee's duties for the County; e. Soliciting, accepting, or agreeing to accept any benefit from another person in exchange for having performed duties as a County employee in favor of that person. f. Soliciting, accepting, or agreeing to accept any benefit from a person the employee knows to be subject to the County's regulation, inspection, or investigation. g. Soliciting, accepting, or agreeing to accept any benefit from a person the employee knows is interested in or likely to become interested in a contract, purchase, payment, claim, or pecuniary transaction involving the exercise of the employee's discretion for the County. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL —Page 10 For purposes of this policy, the term "benefit" does not include promotional or commemorative items of minimal or no value such as a coffee mug, key chain, pencil, or pen. Standards of Conduct Employee Discipline. All employees are expected to dress appropriately for their positions, to be polite to co-workers and to the general public, and to respect their supervisors' authority. While the County recognizes the benefits of progressive discipline, it may take disciplinary action, up to and including termination of employment, at any time with or without notice. The nature of the offense will dictate the degree of discipline. Levels of progressive discipline are: • Verbal warnings or reprimands with a record of such warning or reprimand maintained by the employee's Supervisor; • Written reprimands with a copy put in the employee's personnel file. A written reprimand should be signed by the Supervisor and by the employee, and a copy should be provided to the employee; • Suspension without pay for up to thirty (30) days. In those cases in which a suspension is deemed necessary pending the results of an investigation and the employee is reinstated to his/her position at the conclusion of the investigation, the employee will be paid for the period of the suspension; • Termination of Employment. The County may also implement other disciplinary actions such as demotion or reduction in pay if the circumstances merit. This policy is not intended to limit the County's ability to use any method of discipline for its employees. Any violation of County policy or any form of employee misconduct may result in disciplinary action. In addition, for the safety and peace of mind of all County employees and for the efficient operation of County government, certain activities are prohibited at any time an employee is working for the County, whether in a County office or elsewhere, on County premises, or representing the County in public. Committing any of the following activities will be grounds for immediate termination of employment: A. Smoking while on duty if in a hazardous no smoking area. B. Unauthorized absence from work. C. Creating conditions that cause safety hazards or create unsanitary conditions. D. Unauthorized possession of weapons on County premises during working hours or while on duty. E. Refusal to obey lawful orders of the Supervisor. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 11 F. Threatening, intimidating, coercing, or interfering with employees, Supervisors, or the public. G. Gambling while on duty. H. Abusive language to employees, Supervisors, or to the public. I. Fighting on County property or while on duty. J. Theft or misappropriation of property belonging to employees, the public, or the County. K. Abuse or destruction of County property. L. Possession of, or drinking of, liquor, or any alcoholic beverage while on duty or reporting for work under the influence of alcohol. M. Immoral conduct, indecency, or sexual harassment. N. Possession or use of illegal drugs or being under the influence of illegal drugs in a County vehicle or while on duty. O. Fraudulent claims of injury or illness Salty in the Workplace It is the intent of Calhoun County to provide a safe workplace for all employees. Employees are required to follow safety procedures established by the County or by their immediate Supervisors at all times. Failure to observe safety standards may result in disciplinary action up to and including termination of employment. Drug Free Wor&21ace To provide a safe and productive workplace, to promote employee safety, and to insure the safety of citizens, the County prohibits the use, influence, possession, sale, purchase or distribution of alcohol, controlled substances, or illegal drugs by any employee during work hours or at any time while on County premises. Violators of this policy will be subject to discipline up to and including immediate termination of employment. Further, depending upon the circumstances, the County may notify appropriate law enforcement personnel of a violation of this policy. All drug and alcohol testing will be conducted in conformance with the United States Department of Transportation workplace testing requirements. As used in this policy, the following terms have the following meanings: • "Alcohol" means ethyl alcohol and includes any beverage, mixture, or preparation containing ethyl alcohol. • "Controlled substance" means a drug or substance which the use, possession, sale, transfer, attempted sale or transfer, manufacture or storage of it is illegal under any CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 12 federal, state, or local law or regulation without a permit or prescription and includes but is not limited to inhalants, marijuana, cocaine, narcotics, opiates, opium derivatives, hallucinogens, and any other substances having either a stimulant, depressant, or hallucinogenic effect on the central nervous system such as amphetamines, barbiturates, lysergic acid, or diethylamide. This term also includes prescription drugs used for any reason other than a legitimate, prescribed medical reason and inhalants used illegally. Any reference to "drugs" in this policy has the same meaning as "controlled substance." • "Under the influence" means having an alcohol, controlled substance, or drug concentration at or above 0.04. • "Safety -sensitive function" means a position with the County requiring any activity that presents a threat to the health or safety of the employee, other employees, or the public if performed with inattentiveness, errors in judgment, diminished coordination, reduced dexterity, or lack of composure and that is performed with such independence that it cannot reasonably be assumed that mistakes could be prevented by a Supervisor or another employee. An employee is considered to be performing a safety -sensitive function during any period in which he/she is actually performing, is ready to perform, has just completed performing, or is immediately available to perform any safety - sensitive function. Pre-em llooyment drug and alcohol testing. Employment with the County is contingent upon an applicant's submission to drug and alcohol testing and upon the County's receipt of test results indicating that the applicant is not under the influence of alcohol, a controlled substance, or illegal drugs. Drug and alcohol testing after an accident. An employee who is involved in any accident in which County property is damaged, physical injury results to any person, or medical attention is sought by any person as a result of the incident is required to submit to drug and alcohol testing immediately following the accident. Failure to submit to such testing will result in disciplinary action up to and including immediate termination of employment. Drug and alcohol testing based on reasonable suspicion. If an employee is reasonably suspected of being impaired by or under the influence of alcohol, a controlled substance, or illegal drugs, the employee is required to submit to drug and alcohol testing. Failure to submit to such testing will result in disciplinary action up to and including immediate termination of employment. For purposes of this paragraph, "under the influence" also means a condition in which a person is affected by alcohol, a controlled substance, or illegal drugs in any detectable manner. The symptoms of being under the influence include but are not limited to slurred speech, alcohol on the breath, trembling, disorientation, aggressive behavior, irregular work pace, decline in productivity, mood swings, and difficulty in maintaining balance. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 13 Random drug and alcohol testing_ All County employees may be subject to random drug and alcohol testing. Failure to submit to such testing will result in disciplinary action up to and including immediate termination of employment. Confidentiality of alcohol and drug test results. All laboratory reports or alcohol and drug test results will be maintained by the County as confidential documents in a confidential medical file that is separate from the employee's personnel file. Test results and lab reports may be revealed to County management on a need -to -know basis. Disclosure may also be made as required by state or federal law, when the information has been placed at issue in a dispute between the employee and the County, when the information is needed by medical personnel for the diagnosis or treatment of the employee who is unable to authorize disclosure, or when the information is authorized to be disclosed by the employee. The records will be maintained in the same area as the personnel files but kept separate from personnel files. For all employees, if prescription drugs must be taken, such drugs must not affect an employee's ability to perform his/her work. If an employee is required to take medication prescribed by a physician and the prescribed drug could affect the ability of the employee to perform his/her work or could present a safety risk to the employee or his/her coworkers, notification must be provided to the employee's Supervisor before work commences. The County reserves the right to require an employee who is taking prescription drugs and whose job requires him or her to drive on County business or to operate commercial vehicles or heavy equipment to provide a physician's statement that the prescribed drugs will not impair the employee's ability to drive safely and/or to operate commercial vehicles or heavy equipment safely. Failure to submit such a physician's statement when requested will result in the employee's suspension from duty without pay until the physician's statement is provided. As a condition of employment with the County, employees are required to notify their Supervisors within five (5) business days of conviction for any criminal drug violation occurring in the workplace. Failure to do so will result in immediate termination of employment. EMPLOYEE LEAVE Vacation Leave Vacation leave accrues at the rate of 6.67 hours per month, commencing on the first month of employment. A vacation day is based on an 8 hour day. After an employee's tenth anniversary with the County, vacation time accrues at the rate of 10 hours per month. No vacation time may be taken until after an employee's first anniversary date. Vacation time may be taken in hourly increments. Any vacation time not taken within one year after it is earned is lost. After completion of one full year of employment, a full-time employee is entitled to be paid for all unused accrued vacation time that has not been lost at his/her current salary level upon termination of employment. In computing vacation leave for the first and last month of employment, an employee must have worked a minimum of fifteen calendar days to earn vacation time for that particular month. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 14 All vacation leave must be approved at least 24 hours in advance. Supervisors are responsible for approving and arranging vacation time for their employees, and such time shall be based upon the department's workload. Other than as hereinabove provided, an employee shall not be entitled to pay in lieu of vacation. If a holiday falls within a vacation period, it will not be counted as a vacation day. Vacation leave is required to be used and to run concurrently with Family and Medical Leave Act leave. Sick leave (Non -Job Related) - Sick leave is for the benefit the employee during an actual illness and is not intended to provide additional time off. Abuse of sick leave is a cause for discipline up to and including termination of employment. Medical documentation to verify sick leave may be required. Temporary or part-time employees are not eligible for paid sick leave. Sick leave accrues at the rate of 8 hours per month, commencing on the first month of employment. A sick leave da is based on an 8 hour day. Full-time employees are eligible to take paid sick leave after ninety (90) days of employment. Up to 384 hours may be accumulated as sick leave. Absences occurring on regular days off or holidays will not be counted as sick leave. Sick leave is granted to full-time employees for personal illness or illness of a household family member requiring the employee's presence. Loss of work due to accident or injury received in the performance of duty is not time which shall be charged against sick leave of an employee. Pregnancy is treated as any other medical condition requiring the use of sick leave. Sick leave may be taken in Increments of one hour. A doctor's medical certification is required for the employee to return to duty if sick leave is taken for three or more consecutive days. The County will not pay for unused sick leave time upon termination of employment or retirement from the County. Sick leave must be approved, in advance, by the employee's Supervisor unless the reason for the sick leave cannot be anticipated. In that situation, the employee must notify the Supervisor of the need for sick leave as soon as possible but in no event later than 15 minutes after the time the employee is scheduled to begin work. Department Heads may require different call in times.,; Sick leave time will be indicated on the biweekly payroll submitted to the County Treasurer's Office. The biweekly payroll form will include the employee's name, date and time off taken for sick leave. Sick leave is required to be used and to run concurrently with Family and Medical Leave Act leave. Holidays - The schedule of holidays is a part of the Salary Order adopted by the Commissioners Court at the regular January meeting each year. Full-time employees will be paid their regular pay on holidays. If a non-exempt full-time employee is required to work on a designated CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 15 holiday, in addition to being paid regular pay for the holiday, the employee will be paid one and one-half times the employee's regular rate of pay for hours actually worked on the holiday. Family and Medical Leave Act ("FMLA ") Leave —The County complies with the federal Family and Medical Leave Act of 1993, 29 U.S.C. §2601, et. seq. The following policy contains the basic rights of employees eligible for FMLA leave. The entire law is not restated but is incorporated by reference and does apply to County employment. For questions about your FMLA rights, please contact the Human Resources Director. An employee who has worked for the County for twelve (12) months and has worked at least 1,250 hours during the twelve (12) months immediately preceding the first date leave is to be taken may be eligible to take up to twelve (12) weeks of unpaid family and medical leave during a twelve-month period. The County's twelve-month period is the twelve-month period measured forward from the date an employee's first FMLA leave begins. Eligible reasons for taking FMLA leave are: • The birth or adoption, including placement for foster care, of the employee's child and in order to care for the child, provided the leave is taken within twelve (12) months of the birth, adoption, or placement of the child. This leave may be taken on an intermittent basis only if the County agrees to allow intermittent leave in a particular case. If both parents of the child work for the County, the parents are limited to a combined total of 12 weeks leave during a twelve-month period for the birth or placement of a child or to care for the child after the birth or placement. • When the employee is needed to care for a spouse, child or parent who has a serious health condition. If spouses both work for the County, they are limited to a combined total of 12 weeks of leave during a twelve-month period for the care of the employee's parent with a serious health condition. • When the employee is unable to perform functions of his/her job because of his/her own serious health condition. Employee Notification Requirement. An employee should give at least thirty (30) days notice of the need to take FMLA leave unless the need is unforeseeable. If the need for the leave is unforeseeable, the employee should give as much notice as is practicable. If the need for leave was foreseeable but 30-days notice was not given, leave may be delayed for 30 days after notice is given. Requests for FMLA leave must be submitted by the employee on a "Request for Family and Medical Leave Form" which is available from the Human Resources Director's Office. Medical Certification. An employee requesting FMLA leave to care for a spouse, child or parent with a serious health condition or for the employee's own serious health condition must submit a "Certification of Health Provider" to the Human Resources Director within fifteen (15) working CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 16 days of the request for leave. The County may require and second and third opinion of a health care provider and may also require recertification. The County will follow FMLA regulations with respect to medical certification and recertification issues. Benefits While On Leave. While away from work on FMLA leave, an employee is entitled to a continuation of his/her group health benefits on the same basis as active employees. If across- the-board salary adjustments are made for County employees, an employee on FMLA leave will have the same salary adjustment. Exhaustion of Paid Leave. FMLA leave is unpaid leave. It is the policy of the County to require employees who take FMLA leave to exhaust paid leave (vacation leave and sick leave) concurrently with FMLA leave. No benefits accrue during periods of unpaid leave. Return to Work. A fitness for duty medical certification will be required of any employee who has taken FMLA leave for his/her own serious health condition before the employee will be permitted to return to work. Except in limited circumstances, an employee who takes FMLA leave is, upon completion of the leave, entitled to be restored to the position held when the leave began or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Reinstatement is not guaranteed for employees who fail to return to work at the completion of FMLA leave. MilitaryLeave eave - Full-time and part-time employees of the County will receive leave with pay if ordered to authorized training or duty in the National Guard or Armed Forces Reserve Unit of the United States Government. Leave for military duty with pay and without loss of other benefits is limited to fifteen (15) days per federal fiscal year. Military leave in excess of 15 days per federal fiscal year will be charged to vacation leave (until exhausted) or leave without pay at the option of the employee. Military leave must be approved in advance. Employees should notify their Supervisors as soon as possible after receiving orders to report for duty and should provide a copy of such orders. Full-time and part-time employees who are ordered to extended active duty with the state or federal military forces are entitled to all of the reemployment rights and benefits provided for by state and federal law upon their release from active duty. An application for reemployment must be filed with the employee's Department Head within ninety (90) days after the date of discharge or release from active military service. The application for reemployment must be in writing and must provide evidence of the discharge, separation, or release from military service under honorable conditions. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 17 Citizenship Leave — All employees, whether part-time or full-time, shall be granted leave with pay when it becomes necessary for them to be absent from work for the purpose of "citizenship obligations." Employees are required to notify their Supervisors, in advance, of citizenship duties. The Supervisor shall determine, in advance, if possible, the amount of granted time off for citizenship leave. Employees will be paid only for hours normally worked. "Citizenship obligations" are: A. Witness duty (when subpoenaed or ordered by a court or administrative authority) B. Jury duty C. Voting In addition, an employee may take leave without pay to attend a precinct convention in which he/she is eligible to participate or to attend a county, district, or state convention to which the employee is a delegate. Emergent Leave —A maximum of three (3) days will be allowed for emergency leave for the purpose of attending funerals of immediate family members. "Immediate family" means spouse, child, mother, father, brother, sister, grandparents, and grandchildren (whether whole, half, or step) of an employee or of an employee's spouse. Should more than three (3) days be needed to cover the emergency situation, additional time off may be approved at the discretion of the Supervisor and will be charged to vacation time or leave without pay. Leave Without Pay. In addition to those instance otherwise recognized by this Manual for the use of leave without pay (e.g., FMLA leave, military leave, workers' compensation leave, etc.), an employee may request to take leave without pay for extraordinary circumstances. Such leave may be granted at the discretion of the County with the approval of the Head of the employee's Department. The granting of an unpaid leave of absence will depend upon the reason for the leave, the amount of leave requested, and the ability of the County to provide services and continue operations efficiently and effectively. If the purpose for the unpaid leave of absence is a medical condition of the employee, a medical certification will be required before the employee may return to duty. Employee benefits do not accrue during any period of leave without pay unless required by state or federal law. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 18 No period of any type of leave without pay may exceed six (6) months. If at the end of six months of leave without pay the employee is unable to return to work, employment with the County is automatically terminated. JOB RELATED ACCIDENTS The County provides workers' compensation benefits to its employees who are injured in on-the- job accidents. Any injury while on duty should be reported immediately to the employee's Supervisor, who must immediately prepare the "Employer's First Report of Injury." The Supervisor submits copies of the "Employer's First Report of Injury" to the following: A. Texas Association of Counties Workers' Compensation Fund, P.O. Box 160120, Austin, Texas, 78716. B. Injured employee. C. County Auditor D. Texas Department of Insurance Division of Workers' Compensation Commission, 7751 Metro Center Drive, Suite 100, Austin, Texas 78744-1609. Submit only if the Division specifically requests direct filing. If it is necessary to prepare an "Employer's Supplemental Report of Injury" it should also be sent to Texas Association of Counties Workers' Compensation Fund, P.O. Box 160120, Austin, Texas 78716. An employee may be required to submit to an examination by an independent physician at the County's expense. During the time a full-time employee is absent from work due to a job related injury, the County will not pay for any lost time compensated by workers' compensation insurance. Should the employee have lost time which is not compensated by workers' compensation insurance, the employee may be compensated through the use of sick time or vacation time. If the employee does not have any accumulated sick time or vacation time, the employee will be out on unpaid leave. No benefits accrue during periods of unpaid leave. This paragraph does not apply to law enforcement officers. Law enforcement officers will be compensated in accordance with the State of Texas Workers' Compensation Laws. Any employee absent from work due to an on-the-job injury must provide the County with proof of benefit. A part-time or temporary employee will receive no pay from the County and may receive applicable compensation from workers' compensation. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 19 EMPLOYEE BENEFITS Training,— Employee training requirements are unique to each position of County employment. If training is required for a position, the employee and the Supervisor will mutually agree on the training procedure to be followed. This assessment should be made as soon as practicable after the employee begins working for the County. Whenever the County requires an employee to attend a training program, seminar, or conference away from County offices, time spent in attendance at the required training is considered to be hours worked by the employee. The County will reimburse the employee for reasonable expenses incurred in order to attend the required training in accordance with the County's expense reimbursement policy. The final decision as to whether an employee has adequately learned to efficiently and safely perform the job position duties and responsibilities rests solely with the Supervisor. Retirement - Calhoun County is a member of the Texas County and District Retirement System. Full details on County retirement eligibility and benefits may be obtained from the Texas County and District Retirement System. The County reserves the right to alter or eliminate retirement benefits at its discretion at any time. Deferred Compensation Plan - At employee's option, he/she may participate in the County's Deferred Compensation Plan. For details regarding the plan and enrollment procedures, contact the County Auditor. The County reserves the right to alter or eliminate deferred compensation benefits at its discretion at anytime. Hospitalization Insurance - All full-time elected officials and full-time County employees may enroll in group hospitalization and life insurance. The County reserves the right to alter or eliminate health benefits coverages at its discretion at any time. EMPLOYEE TERMINATION AND SUBSEQUENT REEMPLOYMENT Reemployment after the termination of a period of ninety (90) days or longer is treated as new employment, except with regard to County retirement which is governed by rules set up by the Texas County and District Retirement System. If an employee transfers to a department for which a physical examination is required for new hires, the employee must pass the required physical examination before a transfer can be effectuated. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 20 When an employee transfers from one department to another, his/her sick time and vacation time transfers as is. Funds will be transferred from employee's former department to the new department to cover the vacation time being transferred. Compensatory time must be used prior to transfer. When an employee is transferred from one department to another department, the new Supervisor should notify the County Treasurer's office in order for the transfer to be noted in the employee's personnel file. GENERAL EMPLOYEE COMPLAINT PROCEDURE To insure the prompt and equitable resolution of employee complaints (except complaints of discrimination or harassment which are handled pursuant to the County's "Unlawful Discrimination and Harassment" policy or complaints regarding termination of employment), the following steps should be taken: Step No. I - Discussion with the Supervisor. If an employee has a complaint about his/her terms or conditions of employment, within three working days of the incident giving rise to the complaint, the complaint should be presented in writing to the employee's Supervisor. Most complaints should be settled at this level by a frank discussion of the facts. A Supervisor will respond to the problem during the initial discussion or provide a verbal response to the employee within five (5) working days. If the Supervisor is personally involved, the employee may begin with Step No. 2. Step No 2 - Discussion with the Supervisor's immediate Superior,ifap licable If the complaint fails to be settled in the first step or if the complaint involves the employee's Supervisor, the employee should discuss the matter with his/her Supervisor's immediate superior within five (5) working days of the incident giving rise to the complaint or of the employee's receipt of his/her supervisor's response to the complaint. All facts will be carefully reexamined and evaluated at this step. The second level Supervisor will respond in writing within five (5) working days or as soon as possible thereafter. The decision of the second level Supervisor is final. COUNTY PROPERTY Use of County Property. The County provides its employees with tools, equipment, and vehicles for the performance of County work and business. Each employee is expected to observe safe work practices and safe and courteous operation of vehicles and equipment in compliance with all applicable regulations. Employees who are assigned tools, equipment, vehicles, or any other County property are responsible for them and for their proper use and maintenance. Unauthorized use and improper CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 21 use and/or maintenance of County property may result in disciplinary action up to and including termination of employment. Upon termination of employment, all County property must be returned by the employee immediately. Electronic and Telephonic Communications As a general rule, all electronic and telephonic communications systems and all communications and information transmitted by, received from, or stored in these systems are the property of the County and, as such, are to be used solely for County business. Further, no employee is permitted to use a code, access a file, or retrieve any stored communication unless authorized to do so or unless he or she has received prior clearance from a Supervisor. All pass codes are the property of the County. No employee may use a pass code or voice -mail access code that has not been issued to that employee or that is unknown to the County. Moreover, improper use of the E-mail system (e.g., spreading offensive jokes or remarks) will not be tolerated. Employees who violate this policy are subject to disciplinary action, up to and including termination of employment. The County provides access to the Internet. The Internet represents a useful tool for conducting business, but like any other tool, it must be used properly. For purposes of this policy, the term "Internet" includes any public electronic data communications network. As a general rule, employees may not forward, distribute, or incorporate into another work, material retrieved from a Web site or other external system. Very limited or "fair use' may be permitted in certain circumstances. Use of the World Wide Web includes all restrictions that apply generally to the use of the County's e-mail and other electronic and telephonic equipment, as described above. In addition, the following rules apply with respect to employees' Internet usage: 1. No Downloading of Non -Business Related Data. The County allows the downloading of files from the Internet. However, downloading files should be limited to those that relate directly to County business. Any questions or concerns regarding the appropriateness of downloading particular files should be addressed to your Supervisor. 2. No Downloading of Application Programs. The County does not permit the downloading or installation on County computers of application software from the Internet without specific authorization by a Supervisor. Such software may not only contain embedded viruses, but also is untested and may interfere with the functioning of standard County applications. 3. No Participation in Web -Based Survevs Without Authorization. When using the Internet, the employee implicitly involves the County in his/her expression. Therefore, employees should not participate in Web or e-mail based surveys or interviews without authorization. An employee whose job duties include responding to job -related Web- CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 22 based surveys does not require further authorization to participate in such a survey. 4. No Use of Subscription -Based Services Without Prior Approval. Some Internet sites require that users subscribe before being able to use them. Employees should not subscribe to such services without the express approval of the employee's supervisor. 5. No Violation of Copyright. Many of the materials on the Internet are protected by copyright. Even though they may seem to be freely accessible, many of the intellectual property laws that apply to print media still apply to software and material published on the Internet. Employees are permitted to print out Web pages and to download material from the Internet for informational purposes as long as the purpose for such copying falls into the category of "fair use." Employees must not copy or disseminate material that is copyrighted. 6. No Browsing of Web Sites Containing Pornographic or Offensive Content. Employees may not browse Web sites that contain pornographic or other offensive content. Employees who violate this policy are subject to disciplinary action up to and including discharge. To ensure that the use of electronic and telephonic communications systems and business equipment is consistent with the County's legitimate interests, the County may monitor the use of such equipment from time to time. This includes monitoring Internet or e-mail usage of any kind. This may also include listening to stored voice -mail messages. Employees have no expectation of privacy in the content of their computers, their telephonic messages, or their electronic mail. As a condition of employment and continued employment, employees are required to sign an e- mail and voice -mail policy acknowledgment form. Applicants are required to sign this form on acceptance of an employment offer by the County. Notwithstanding the prohibitions contained in the foregoing electronic and Telephonic Communications Policy, incidental personal use of the Internet and office equipment by an employee is not prohibited if such use is made during the employee's non -work time. Searches. The County reserves the right to make general or random searches of County property, such as lockers, closets, desks, and equipment for alcohol, prohibited drugs, drug paraphernalia, or any other item that might be illegally in the employee's possession without the consent of the employee. Any materials brought into the workplace (e.g., purses, briefcases, vehicles, etc.) may be subject to search at any time. Weapons. Employees are prohibited from carrying personal handguns, firearms, or other weapons, as defined by Texas Penal Code section 46.01, in County vehicles or in County buildings unless such activity is required by virtue of the employee's status as a law enforcement officer or is authorized in writing by the employee's Department Head. Violation of this policy will result in disciplinary action up to and including termination of employment. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 23 Violence in the Wor lace. Calhoun County prohibits any form of violence in the workplace. The County is concerned about the increased violence in society, which has also filtered into many workplaces throughout the United States. The County has also taken steps to help prevent incidents of violence from occurring at County offices. In this regard, it is the policy of the County to expressly prohibit any acts or threats of violence by any County employee or former employee against any other employee in or about the County's facilities or elsewhere at any time. Furthermore, the County will not condone any acts or threats of violence against County employees, customers, or visitors on the County's premises at any time while they are engaged in business with or on behalf of the County, on or off the County's premises. In keeping with the spirit and intent of this policy and to ensure that The County's objectives regarding prevention of workplace violence are attained, the County is committed: 1. To provide a safe and healthful work environment, in accordance with the County's Health and Safety policy. 2. To take prompt remedial action, up to and including immediate termination, against any employee who engages in any threatening behavior or acts of violence or who uses any obscene, abusive, or threatening language or gestures. 3. To take appropriate action when dealing with customers, former employees, or visitors to the County's facilities who engage in such behavior. Such action may include notifying the police or other law enforcement personnel and seeking prosecution of violators of this policy to the maximum extent of the law. 4. To prohibit employees, former employees, customers, and visitors from bringing unauthorized firearms or other weapons in County vehicles or buildings. 5. To establish viable security measures to ensure that the County's facilities are safe and secure to the maximum extent possible and to properly handle access to County facilities by the public, off -duty employees, and former employees. Any employee who displays a tendency to engage in violent, abusive, or threatening behavior, or who otherwise engages in behavior that the County, in its sole discretion, deems offensive or inappropriate will be subject to disciplinary action up to and including termination of employment In furtherance of this policy, employees have a "duty to warn" their supervisors of any suspicious workplace activity or situations or incidents that they observe or that they are aware of involving other employees, former employees, customers, or visitors that give rise to concerns regarding potential workplace violence. This includes, for example, threats or acts of violence, aggressive behavior, offensive acts, and threatening or offensive comments or remarks. Employee reports made pursuant to this policy will be held in confidence to the maximum extent possible. The County will not condone any form of retaliation against any employee for making a report under this policy. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL — Page 24 APPENDIX CALHOUN COUNTY EMPLOYEE POLICY AND EMPLOYEE PROCEDURE MANUAL Adopted by Calhoun County Commissioners' Court on this the 27th day of December, 2007. Judge V , Roger Galvan, ommissione 1 Neil F its h, Commissioner Pet. 0—t� ;2Q "- I AL— 1iv , Vern Lyssy, Commis ' ner . 42 feenneth W. Finster, Commissioner Pct. #4 ATTM' U1 a,c �,�(v��" Anita Fricke, unty Clerk IF I certify and agree to the following: That my employment with Calhoun County, Texas is "At Will". I understand this to mean that the employee relationship can be terminated by either Calhoun County or the employee at any time with or without cause, and with or without notice. 2. That I have been provided with a copy of the "County of Calhoun, Texas, Employee Policy and Procedure Manual". 3. That I have read the "County of Calhoun, Texas, Employee Policy and Procedure Manual" and that I understand the provisions contained therein. If did not understand any of the provisions therein, I have requested my supervisor to explain the provisions. That the "County of Calhoun, Texas, Employee Policy and Procedure Manual" is a guide for employees of Calhoun County, Texas and does not constitute a contract between myself and the county. TYPED OR PRINTED NAME SIGNATURE WITNESSED BY: DEPARTMENT DATED SIGNATURE DATED CERTIFICATE OF AGREEMENT BY DEPARTMENT HEAD CONCERNING THE CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL I department head of the a political subdivision and/or department of Calhoun County, Texas, do certify and agree as follows: 1. That it is important that all political subdivisions or departments of Calhoun County work together for the common goal of having equal and fair treatment of all county employees, and 2. Recognizing that each department or political subdivision is different and that certain activities that may be strictly prohibited in one department or subdivision (like carrying a gun) may be fully permitted or allowed with some restrictions in others, and 3. Seeking to avoid claims of discrimination or unequal treatment by the employees of the various departments or subdivision of the County, it is agreed and understood as follows: My department or political subdivision agrees to abide by the Calhoun County Employee Policy and Procedure Manual as adopted by the Calhoun County Commissioner's Court on December 27, 2007 and I may adopt further procedures and policies in my department or political subdivision that may be in modification of the general policies and procedures of Calhoun County but not in direct conflict with them. I acknowledge that I have fully read and understood the Calhoun County Employee Policy and Procedure Manual and will distribute a copy to each of my employees after the Calhoun County Commissioner's Court adopts it. Date: Signed: Name Printed: Name of Department or Political Subdivision: CONTRACT BETWEEN MEMORIAL MEDICAL CENTER AND EMS AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Judge Pfeifer and seconded by Commissioner Finster to approve the Contract between Memorial Medical Center and EMS and authorize Judge Pfeifer to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Final 2008 AGREEMENT FOR AMBULANCE SERVICES BETWEEN MEMORIAL MEDICAL CENTER AND CALHOUN COUNTY EMERGENCY MEDICAL SERVICES THIS AGREEMENT, made and entered into by and between the following MEMORIAL MEDICAL CENTER (hereinafter referred to as "FACILITY") and CALHOUN COUNTY EMERGENCY MEDICAL SERVICES. (hereinafter referred to as "PROVIDER"), provides as follows: WHEREAS, FACILITY desires to maximize efficiency and service levels for medical transportation and has conducted an analysis of its medical transportation needs. Through this analysis, FACILITY has determined that such needs will best be met through a preferred coordinated medical transportation system agreement with the PROVIDER; and WHEREAS, PROVIDER is in the business of providing medical and ambulance transportation and advanced life support professional services; and WHEREAS, FACILITY and PROVIDER recognize that the ground ambulance transportation needs of FACILITY will be evolving and therefore, it is not possible to define all of the terms of the specific services required by FACILITY, which may be provided by the PROVIDER. The parties desire at this time to define the transportation services to be provided by PROVIDER and to establish mechanisms under which PROVIDER may provide future services to FACILITY related to ambulance transportation services, including services to be developed through prioritization of pre -planned, scheduled, emergent and non -emergent ambulance calls initiated by FACILITY. The parties intend that if the future services outlined in this AGREEMENT are expanded, the parties will execute addenda, further defining the services to be provided; and WHEREAS, FACILITY and PROVIDER desire to enter into a long-term, agreement under which FACILITY and PROVIDER will jointly develop and PROVIDER will operate and/or coordinate a turn -key coordinated medical transportation system to serve all of FACILITY'S ambulance transportation needs utilizing existing reimbursement sources which maximizes the benefits of a coordinated network; and NOW, THEREFORE, FACILITY and PROVIDER do hereby agree as follows: SERVICES AND RESPONSIBILITIES OF PROVIDER FACILITY has selected PROVIDER as its "preferred provider of medical transportation" services within the primary service area as defined by Section VIII below, through an analysis of the quality of ground ambulance transportation services that PROVIDER provides. Accordingly, during the term of this AGREEMENT and extensions hereto, PROVIDER agrees as follows: A. Services Provided PROVIDER agrees to provide appropriate ambulance transportation and related services to FACILITY in accordance with the terms of this AGREEMENT and all addenda hereto. Requests by FACILITY for services which originate and /or terminate outside the boundaries of the primary service area as defined in Section VIII below may by referred by provider to another licensed ground or air ambulance provider after appropriate coordination with and approved by Facility. (In this circumstance, PROVIDER will not be liable to the alternative ambulance provider for the payment of any charges, fees or professional service charges rendered in association with such transport.) Final 2008 B. Emergency and Non Emergency lines Provider agrees to provide and maintain a telephone number for FACILITY to access PROVIDER for all FACILITY ambulance transportation requests covered by this AGREEMENT. This number is intended as a public number. PROVIDER will provide sufficient telephone lines and communication technicians to assure prompt answering of all incoming calls from FACILITY. PROVIDER'S telecommunication personnel will coordinate the required transportation services. PROVIDER will provide a listing of emergency numbers, non -emergency numbers and pager numbers that can be utilized to contact the PROVIDER 24 hours per day seven days a week. C. Inter -facility Ambulance Transportation Services Provider will provide inter -facility ambulance transportation services and such other ambulance ground transportation services at the request of the FACILITY. Inter -facility ambulance transportation services shall be defined as ground ambulance transports originating at FACILITY and other facilities as FACILITY and PROVIDER may mutually agree upon in writing. Inter -facility transportation services ordered by FACILITY shall be ordered through the Emergency and Non Emergency lines described in the preceding paragraph. Compensation rates for each facility shall be listed in ADDENDUM A below. D. Applicable Standards PROVIDER agrees in the performance of the services, to be bound by, and comply with, (i) by the bylaws, policies, rules and regulations of FACILITY and the medical staff of the FACILITY facilities, as each may be amended from time to time (provided that such amendments do not materially increase PROVIDER's obligation hereunder or materially affect the financial or economic interests hereunder of PROVIDER), and (ii) the standards, rules and regulations of the United States Department of Health and Human Services (hereinafter referred to as "HHS"), the Texas Department of Health, the Joint Commission on the Accreditation of Healthcare Organizations (hereinafter referred to as "JCAHO"), Medicare, Medicaid, and any other federal, state or local governmental agency or third - party payor, exercising authority with respect to, accrediting or providing reimbursement for FACILITY. E. Etiquette PROVIDER, through its employees, shall treat all FACILITY staff and employees with proper respect, courtesy and professionalism. PROVIDER's employee's conduct shall at all times be appropriate and conductive to effective patient care and consistent with prevailing norms recognized and accepted throughout the community. F. Licensure PROVIDER covenants, represents and warrants to FACILITY that: (i) it and its employees are, as appropriate, duly licensed, certified, registered and in good standing under the laws of the State of Texas and the county(s) outlined in Section VIII below to provide the services under this AGREEMENT, and agrees that they shall retain such licensure, certification, registration and good standing status during the term of this AGREEMENT; (ii) each ambulance vehicle shall be registered and licensed according to state and local rules, regulations and laws; and (iii) each ambulance vehicle shall be staffed with certified and/or licensed personnel in accordance with state and local rules and regulations. G. Experience and Training PROVIDER represents and warrants to FACILITY that its employees are professionally trained in emergency medical technician practice and will, during the term of this AGREEMENT, take all actions necessary to maintain such training. Final 2008 H. Training Provider agrees to conduct an in-house training program for field employees that significantly supplements the training that they received in their EMT training courses that meets or exceeds TDH standards . Vehicle Maintenance PROVIDER agrees that its fleet will be well maintained and response ready to provide services under this AGREEMENT. J. Access to Records Provider shall maintain a medical record, known as a "Patient Care Report," for each patient receiving services under this AGREEMENT. Said medical record shall be in such form and containing such information as required by the laws, ruled and regulations of the State of Texas and JACHO. K. Good Faith PROVIDER agrees to act in good faith at all time in performing its obligations and implementing the provisions of this AGREEMENT, including negotiating alternate reimbursement practices and the terms of any addenda. L. Services Excluded Transports of a distance greater than 150 miles II. RESPONSIBILITIES OF FACILITY During the term of this Agreement and extensions hereto, FACILITY agrees as follows: A. Promotion of AGREEMENT FACILTIY will conduct an internal and promotional campaign to educate its medical staff members, employees and others making arrangements for ambulance transportation about the general terms of this AGREEMENT, including periodic updates and reminder notices. Specifically, FACILITY will use its best efforts to ensure that employees who requests ambulance transportation services are informed of and utilize the Emergency and Non Emergency lines and have been made aware of the preferred nature of this AGREEMENT. B. Promotion to Medical Staff Members FACILITY and FACILTIY'S medical staff members, including physicians providing services under managed care arrangements, are accountable under Federal COBRA regulations for the selection of an appropriate medical transportation provider. FACILITY shall communicate in a reasonable manner the general terms of this AGREEMENT to said medical staff members. C. Access to records FACILITY shall provide necessary records and information about patients to PROVIDER to facilitate the provision of appropriate services and data collection. This information shall include the provision of a face sheet if available and substantially complete at the time of PROVIDER'S services hereunder, on each patient transported at the time the transport is initiated. When face sheets are not available or are not substantially complete at such time, FACILITY shall designate a liaison who will be responsible for obtaining and forwarding face sheets for the PROVIDER upon request. Final 2008 The parties herein mutually agree that in the event that FACILITY'S billing procedures and/or files will allow PROVIDERS access to the patient database in such manner that is acceptable to both the FACILITY and PROVIDER. D. Good Faith FACILITY agrees to act in good faith at all times in performing its obligations and implementing the provisions of this AGREEMENT, including negotiating alternate reimbursement practices and the terms of any addenda. E. Patient Tracking FACILITY agrees to provide reasonable assistance to PROVIDER in the completion of PROVIDER'S authorization or utilization forms, as appropriate, and to provide access to face sheets n accordance with Section II(D) above. III. INSURANCE PROVIDER shall, at no cost to or expense to FACILITY, carry a policy or policies of professional liability insurance, comprehensive general insurance, and medical malpractice insurance issued by an insurance carrier. IV. COMPENSATION A. Except as provided for in this AGREEMENT, neither FACILITY nor PROVIDER shall charge the other for services provider pursuant to this AGREEMENT, without mutual assent. B. The rate schedule in ADDENDUM A herein shall represent PROVIDER'S full compensation for services provided under this AGREEMENT. Such charges must, at all times, comply with applicable laws, rules and regulations. V. TERMINATION OR AMENDMENT AS THE RESULT OF GOVERNMENTAL REGULATIONS FACILITY and PROVIDER shall each have the right to terminate or unilaterally amend this AGREEMENT, without liability, in order to comply with any order issued by any federal or state department, agency or commission, or any provision of law or of the JCAHO or other accreditation organization which invalidates or is inconsistent with the terms of this AGREEMENT or which would cause one of the parties to be in violation of law. In the event FACILITY or PROVIDER is required to amend this AGREEMENT pursuant to this Section and the amendment is unacceptable to the other party, such party may choose to terminate this AGREEMENT immediately without liability. VI. Term A. Term and Termination Subject to each parry's right of termination as set forth in the preceding paragraph and below, this AGREEMENT shall be for a term of one year commencing at midnight on 0110112008 and terminating at midnight on 0110112009 (hereinafter referred to as "INITIAL TERM"). 1. FACILITY or PROVIDER may mutually agree to terminate this AGREEMENT in writing, with or without cause upon 30 days written notice; or 2. Except as provided for elsewhere in this AGREEMENT, with cause by either party upon default by the other party of any material term, covenant or condition of this AGREEMENT, where such default continues for a period of (30) days after the defaulting party receives written notice thereof from the other party specifying the existence of default: or Immediately if PROVIDER fails to maintain licensure as required in Section I, Paragraph G (ii) or (iii) herein, or fails to maintain insurance as required in Section III herein. Final 2008 B. Re -negotiation During the sixty (60) day period or prior to the end of the INITIAL TERM or any RENEWAL TERM, this AGREEMENT shall be subject to the review by the parties. During this 60-day period, the parties agree to use their best efforts to meet together at mutually agreeable times to review and if appropriate to re -negotiate the terms of this AGREEMENT. If the parties agree to modify this AGREEMENT, such modifications shall be in writing and executed in accordance with Section XVII here of. VII. FORCE MAJEURE Provider shall be excused from performance under this AGREEMENT if for any period PROVIDER is prevented from performing any obligations pursuant hereto, in whole or in part, as a result of an Act of God, war, civil disturbance, catastrophe, court order, labor dispute or cause beyond its reasonable control, including shortages or fluctuations in electrical power, heat, light, air conditioning or fuel shortages, and such non-performance shall not be a ground for termination or default. PROVIDER will use its reasonable efforts under such circumstance to ensure that alternate services be made available should any of these conditions arise. In the event PROVIDER cannot obtain alternate services, FACILITY may exercise its right to contract temporarily with another service until PROVIDER is once again able to meet the needs of FACILITY. VIII. AREAS OF SEVICE PROVIDER will provide the services described herein to FACILITY anywhere within Calhoun and adjacent surrounding Counties and any other areas within the State of Texas up to 150 miles, as mutually agreed upon by both parties hereto. IX. INDEPENDENT CONTRACTOR The relationship between the parties shall at all times be that of an independent contractor. No provision of this AGREEMENT is intended to, or shall be construed to, render one party an agent, employee, servant, or partner of the other. Neither party shall represent to any third party or entity that is authorized to enter into any contract for or on behalf of the other party. Neither party shall execute any contract for or on the behalf of the other, nor attempt to bind the other to any obligation, without the other party's written consent. FACILITY and PROVIDER shall not combine their business operations in any way, but instead shall maintain their operations as separate and distinct entities. PROVIDER'S employees shall not have any claim under this AGREEMENT or otherwise FACILITY for vacation pay, sick leave, retirement benefits, Social Security, worker's compensations, disability or unemployment insurance benefits of any kind. PROVIDER'S employees shall not be entitled to any rights or privileges established for employees of FACILITY, such as vacation, sick leave, paid holidays, or severance pay upon termination of this AGREEMENT. FACILITY shall neither have nor exercise any control or direction over the method by which PROVIDER performs its work or functions; the sole interest and responsibility of FACILITY is to assure that their services contemplated by this AGREEMENT will be performed in accordance with the terms hereof. X. SUCCESSORS AND ASSIGNS FACILITY and PROVIDER shall have the right to assign this AGREEMENT and to delegate all rights, duties and obligations hereunder, whether in whole or part, to any parent, affiliate, successor or subsidiary organization or company of FACILITY or PROVIDER only with consent of other party, which consent shall not be unreasonably withheld. Subject to the foregoing, this AGREEMENT shall be binding upon the parties hereto and their successors and assigns. Final 2008 XI. PREFERRED STATUS FACILITY and PROVIDER agree and acknowledge that in order for PROVIDER to PROVIDE the most timely, efficient and responsive inter -facility ambulance transportation services, and for PROVIDER and FACILITY to provide the safest and most efficient care, that the inter -facility ambulance transportation services under this AGREEMENT shall be on the preferred basis as set forth here in. Except as set for herein, the inter -facility ambulance transportation services provided by PROVIDER hereunder are provided on a preferred basis and FACILITY agrees not to contract with any other companies, organizations or agencies for such services during the term of this AGREEMENT. This preferred status shall not apply if this patient, the patient's guardian, third party payer, or the attending physician requests another ambulance service. XII. FIRST RIGHT OF REFUSAL In the event FACILITY desires to evaluate or implement developing a system for critical care ground transportation services, wheelchair transportation service, or other programs relating to ambulance ground transportation services, then FACILITY shall give PROVIDER written notice of such desire. Following such notice, FACILITY and PROVIDER agree to negotiate for a period of 30 days, on a preferred basis, for PROVIDER to perform such services for FACILITY and its patients. XIII. NOTICES Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent certified or registered mail or by hand delivery to the parties at the addresses set forth below or to such address which a party may designate by notice. PROVIDER: Calhoun County Emergency Medical Services 216 E. Mahan Street Port Lavaca, Texas 77979 FACILITY: Memorial Medical Center 815 N. Virginia Street Port Lavaca, Texas 77979 Either party may change its address to which notices are sent by a notice similarly sent. XIV. SEVERABILITY In the event that any part, term of provision of this AGREEMENT is, by any arbitrator or court of competent jurisdiction, held to be illegal, unconscionable, in conflict with any law of state where enforcement of this AGREEMENT is sought, or any public policy thereof, the validity of the remaining portion or provisions shall be construed and enforced as if the AGREEMENT did not contain the particular part, term or provision to be invalid. XV. CONTROLLING LAW The interpretation and enforcement of this AGREEMENT shall be consistent with the laws of the State of Texas. In addition, the parties agree that if any legal action is commenced for enforcement of any term of provision of, or arising under or related to, this AGREEMENT, said action shall be preferably commenced on the state or federal courts located within the State of Texas, and the parties consent to the jurisdiction and venue of such courts. XVI. MODIFICATION This AGREEMENT constitutes the entire understanding of the parties hereto and no changes, amendments, or alterations shall be effective unless signed by both parties. That is, any increase or decrease in services must be mutually agreed upon in writing. Final 2008 XVIL COMPLETE AGREEMENT This AGREEMENT contains the complete AGREEMENT concerning the subject matter of this AGREEMENT between the parties and shall as of the effective date hereof, supersede all agreements between the parties pertaining to the same subject matter. The parties stipulate that neither of them has made any representation with respect to the subject matter of this AGREEMENT, except as set forth herein. The parties further acknowledge that any statement or representation that may have heretofore been made by either party to the other is of no effect, and that neither of them has relied thereon on connection with its dealings with the other. XVIII. EXECUTION OF ADDITIONAL INSTRUMENTS Each party shall at any time, and from time to time, at the other's request execute, acknowledge and deliver any reasonable instruction, instrument or acknowledgment that may be necessary or proper to carry out the provision s and intent of this AGREEMENT. XIX. WAIVER AND SURVIVAL The failure of either party to insist upon strict compliance by the other with respect to any of the terms and conditions of this AGREEMENT shall not be construed as a waiver, nor shall such course of action deprive such party of the right thereafter to require strict adherence to the terms and provisions of this AGREEMENT. XX. NON -DISCLOSURE FACILITY and PROVIDER agree to treat the pricing contained within this AGREEMENT as CONFIDENTIAL INFORMATION and as PROVIDER'S CONFIDENTIAL INFORMATION pursuant to the provisions of Section XXIII. XXI. NO INFLUENCE ON REFERRALS It is not the intent of either the FACILITY or PROVIDER of this AGREEMENT that any remuneration, benefit or privilege provided for under this AGREEMENT shall influence or in any way be based on the referral or recommended referral by either party or patients to the other party or its affiliated providers, if any, or the purchasing, leasing, or ordering of any services other that specific services described in this AGREEMENT. Any payments specified in this AGREEMENT are consistent with what the parties reasonably believe to be fair market value for the services provided. XXII. THIRD PARTY BENEFICIARY The parties to this AGREEMENT do not intend to confer any benefits hereunder n any person or other legal entity other that the parties hereto, including without limitation any patients of PROVIDER or FACILITY, and no third -party beneficiary rights are intended to be created hereby. XXIII. NAME OR TRADEMARK Nothing contained herein shall confer upon either parry hereto a license to use, or ownership of (i) the name of the other party hereto or any name under which a party operates, or (ii) any trade name, service mark or trademark owned by such party. XXIV. THIRD PARTY PAYOR CONTRACTS PROVIDER will cooperate with FACILITY with respect to all programs established between FACILITY and health maintenance organizations, exclusive provider organizations and other managed care programs. Final 2008 XXV. NOTICE OF LITIGATION PROVIDER and FACILITY shall promptly notify the other in the event that any party learns of any threatened or actual litigation in which it is a party defendant in a case which involves serviced provided under this AGREEMENT. Within five (5) calendar days after being served with a summons, complaint or other pleading which has been filed in any federal or state court or with any administrative or regulatory agency or after receiving notice of threatened litigation, the party so served or notified shall deliver copies of such document(s) to the other party. XXVI. HEADINGS AND CAPTIONS The headings and captions used in this AGREEMENT are for the convenience of reference only, and to not for a part of this AGREEMENT. XIX. BINDING EFFECT The parties agree that this AGREEMENT shall not be binding upon either party unless and until it is executed by an authorized representative of each party. FACILITY and PROVIDER represent that their representative signatory, whose signature appears below, has been and is, as of the date first written above, duly authorized by all necessary, appropriate and applicable corporate legal action to execute this agreement. XXVII. AGREEMENT READ AND UNDERSTOOD The parties hereto have read and understand this entire instrument and acknowledge that they both have had competent legal counsel available to them in their review and execution of said AGREEMENT. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT Effective 0110112008. FACILIT PROVI BY: By: t,�w10 Titl . Administrator Title: Calhoun County Judee Date: /Z - ZD "-07 Date: 1,2 —,)- 7— O 7 Final 2008 ADDENDUM A COMPENSATON SCHEDULE AND BILLING PRACTICES A. Provider will bill its customary rates pursuant to this AGREEMENT. B. Where patients have third party coverage, including Medicare, Medicaid, and private insurance, PROVIDER will bill said insurance and accept as payments in full the amounts allowed by said third party coverage. In such cases, patients will only be billed for: (a) their co-insurance and deductible as determined by their third party coverage or where mandated by federal or local government: and (b) any services which said third party insurer determines are not covered by the terms of the patient's policy. C. Where patients have no third party coverage, PROVIDER will bill the patients directly. In the event the patient refuses to pay for provider service, the FACILITY will be responsible for payment. D. FACILITY will only be responsible for ambulance services which: (a) are pre -approved and authorized by FACILITY (a request for ambulance transport by a hospital employee, will be considered as pre -approved and authorized by the FACILITY) (b) where FACILITY is legally responsible (c) where transport is requested by the FACILITY because patient has no other means of transportation or payment. IL For Ground Transports that are the legal responsibility of the FACILITY, the FACILITY will pay: Transports within the Calhoun and Surrounding Counties from one (1) through one hundred fifty 150 miles: Current Rate Contract Rate BLS Non -emergency Base Rate: 327.44 218.69 Mileage per Loaded Mile: 8.66 6.05 This payment schedule will be all inclusive of supplies and equipment and accepted as payment in full for any and all transports that are the legal responsibility of the FACILITY or third party. Payment shall be received as defined in section IV. It is understood that these patients shall meet the existing Medicare guidelines for medical necessity for ambulance transportation and have the Certification of Medical Necessity completed for Provider. It is also understood, that for all non -emergency ambulance services where Medicaid is the primary payor, a Prior Authorization number will be obtained by the FACILITY. III. PROVIDER guarantees that the above contracted rates shall be effective for the duration this AGREEMENT. Thereafter, the rates shall be evaluated upon renewal of said AGREEMENT. IV. PROVIDER shall submit invoices to FACILITY on a per call basis for the services provided under the AGREEMENT. ELECTION SERVICES AGREEMENT WITH ELECTION SYSTEMS & SOFTWARE, INC AND AUTHORIZE ELECTIONS ADMINISTRATOR TO SIGN: A Motion was made by Judge Pfeifer and seconded by Commissioner Finster to approve the Election Services Agreement with Election Systems and Software, Inc and authorize Election Administrator to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ELECTION SYSTEMS & SOFTWARE, INC. ELECTION SERVICES AGREEMENT This Agreement is made as of the date it is executed by the last of the parties named below (the 'Effective Date', BETWEEN: Election Systems & Software, kim, a Delaware corporation CES&S°); AND: Calhoun Courrty, Texas RECITALS: A. Customer has agreed to purchase certain election -related services from ES&S for use in Calhoun County, Texas. The terms and conditions:under which such services shall be provided are set forth in the GENERAL TERMS attached. hereto- B. The following Exhibits are incorporated into, and constitute an integral part of, this Agreement (check all that apply): X Exhibit A (Ballot Layout, Coding, and Voice File Services) X Exhibit B (Ballot Printing Services) NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of the parties hereto: • Agrees to the GENERAL TERMS and the terns and conditions set forth in each Exhibit Agrees that at all times, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas. • Represents and warrants to the other party that as of its signature date indicated below it has full power and authority to enter into and perform this Agreement, and that the person signing below on its behalf has been properly authorized to execute this Agreement. • Aclmowledges that it has read this Agreement, understands it and intends to be bound by it. ELECTION SYSTEMS & SOFTWARE, INC. 11208 John Gait Boulevard Omaha, NE 68137 Fax No.: (402) 970-1291 Signature Name (Printed or Typed) Title Date CALHOUN COUNTY, TEXAS Attn: Dora Garcia 211 S. Ann Street Port Lavaca, TX 77979 Fax No.: (361) 553-4443 .��. Signature Dora O.Garcia. Name (Printed or Typed) Elections Administrator Title January 7, 2008 Date GENERAL TERMS AND CONDITIONS 1. Consideration. The consideration to be paid by Customer to ES&S for the services provided hereunder is set forth on the accompanying Exhibits. 2. Limitation of Liability. Neither party will be liable for any indirect, incidental, punitive, exemplary, special or consequential damages of any kind whatsoever arising out of or relating to this Agreement. ES&S' total liability to Customer arising out of or relating to this Agreement will not exceed the aggregate amount to be paid to ES&S hereunder. Any action by Customer against ES&S shall be commenced within one (1) year after the cause of action has accrued. By entering into this Agreement, Customer agrees to accept responsibility for the selection of, use of and results obtained from any services not provided by ES&S. 3. Excusable Nonperformance. Except for a delay or failure in the payment of money, if either party is delayed or prevented from performing its obligations under this Agreement due to any cause beyond its reasonable control, including natural disaster, fire, flood, unusually severe weather, terrorism, insurrection, war, Acts of God, labor disputes and governmental regulations, the delay shall be excused during the continuance of, and to the extent of, such cause, and the period of performance shall be extended to the extent necessary to allow performance after the cause of delay has been removed. ES&S agrees to work with Customer, at Customer's request, to develop mutually agreeable alternatives in order to minimize the negative impact of any such delay. 4. Exclusive Service Provider. Customer hereby agrees to purchase the products and services set forth on Exhibits A and B attached hereto from ES&S for the Term of this Agreement at the pricing set forth on each applicable Exhibit. Customer's agreement to purchase all of such products and services from ES&S for the entire Term entitles Customer to receive the preferred pricing for each product or service as provided herein. In the event that Customer terminates its purchase commitment for one or more of the products and services set forth on Exhibits A and B prior to expiration of the Term of this Agreement for any reason other than for cause pursuant to Section 5 of this Agreement, or purchases any such products or services from a provider other than ES&S during the Term, or fails to pay for such products or services provided by ES&S pursuant to the payment terms in Exhibit A and B, during the Term, Customer shall no longer be entitled to receive the pricing set forth on Exhibits A and B, as applicable, and shall pay ES&S its then current rates for such product and services. 5. Term: Termination. This Agreement shall be in effect for a three year period beginning on the date of the first covered election, which the parties agree shall be January 2008 (the "Term"). This Agreement may be terminated, in writing, at any time by either party if the other party breaches any material provision hereof and does not cure such breach within thirty (30) days after it receives written notification thereof from the non -breaching party. 6. Assignment. Except in the case of a sale, transfer or assignment of all or substantially all of the assets of ES&S to a successor who has asserted its intent to continue the business of ES&S, neither party may assign or transfer this Agreement or assign any of its rights hereunder without the prior written consent of the other party hereto, such consent not to be unreasonably withheld. 7. Entire Agreement. This Agreement, including all Exhibits hereto (all of which are incorporated herein by this reference), contains the entire agreement of the parties with respect to the subject matter hereof and shall supersede and replace any and all other prior or contemporaneous discussions, negotiations, agreements or understandings between the parties, whether written or oral, regarding the subject matter hereof. Any provision of any purchase order, form or other agreement which conflicts with or is in addition to the provisions of this Agreement shall be of no force or effect. In the event of any conflict between a provision contained in an Exhibit to this Agreement and these General Terms, the provision contained in the Exhibit shall control. No waiver, amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No consent by either party to, or waiver of, a breach by either party shall constitute a consent to or waiver of any other different or subsequent breach by either party. 8. Notice. Any notice or other communication required or permitted hereunder shall be in writing, and will be deemed given when delivered personally, sent by confirmed fax, sent by commercial overnight courier (with written verification of receipt) or sent by registered or certified mail, return receipt requested, postage prepaid, when the return receipt is received. All communications shall be sent to the attention of the persons listed on the signature page to this Agreement and at the addresses or fax numbers set forth on such signature page unless other names, addresses or fax numbers are provided by either or both parties. 9. Disputes. Remedies for Past Due Payments. If any payment to ES&S is past due more than thirty (30) days, ES&S may suspend performance under this Agreement until such amount is paid. Dispute Resolution Process. Time is of the essence in resolving disputes. The initiating party shall notify the responding party of any dispute, including all relevant information (e.g., the nature of the dispute, dates, times, persons involved). The responding party shall respond to the notification within five (5) business days. Thereafter, the parties shall use their good faith efforts to resolve the dispute within a reasonable period of time. Notwithstanding anything in this Section 9 to the contrary, either party may apply to any court having jurisdiction over the subject matter of the dispute for a temporary restraining order, preliminary injunction, or other appropriate legal remedy at any time. 10, Other. In performing its obligations or enjoying its rights under this Agreement, each party shall comply with all applicable laws and regulations. ES&S is providing its services to Customer as an independent contractor, and shall not be deemed to be a "state actor" for purposes of 42 U.S.C. § 1983. ES&S will not be responsible for (a) user errors, (b) voter errors or (c) problems encountered by any individual in voting. ES&S may engage subcontractors to provide certain of the services, but shall remain fully responsible for such performance. The provisions of Sections 1-6, and this Section 10 shall survive the termination of this Agreement, to the extent applicable. [END OF GENERAL TERMS] EXHIBIT A BALLOT LAYOUT, CODING, AND VOICE FILE SERVICES 1. Services. The services to be provided by ES&S, a description of such services, and per unit fees are set forth below, Customer acknowledges that ES&S' fees for these services are based on (a) a commitment by Customer to subscribe to such services for a period of at least three (3) years, and (b) the descriptions listed in the table below. A change in the Customer's commitment to a period of less than three (3) years for any reason other than a termination for cause pursuant to Section 5 of this Agreement will result in a change the fees set forth below. Election Systems & Software Ballot Layout Coding, Voice File Service Pricing Effective for all elections on or after January 1, 2008 Per Unit Fee Paper.830+St English and Spanish (combined): 1 to 500 Faces $15.00 501 or more Faces $12.50 Languages other than English/Spanish 1 to 500 Faces, per Language. $30.00 501 or more Faces, per Language $25.00 Base Charge for Ballot On Demand (BOD) $422.10 ElecJrNnic=Sc+ee9,�-q'}!o'��%,4'to ,I�4R.` �K.Zfpd-�1,ofl'siidic English and Spanish (combined): Per Ballot Style, or precinct, whichever is greater Included Languages other than English/Spanish Per Ballot Style, or precinct, whichever is greater Included �I?rog!dmmhjg;SCMdkS Base Charge per Equipment Type $371.88 Base Charge for ERM file set-up $371 88 Ballot types (open primary or multiple -page ballots) $53.13 Precincts (every precinct in the election) $5.31 Ballot faces (every unique face in the election) $10.63 Contests / Issues (total number of contests, referenda, questions / propositions in the election) $12 75 Candidate / Responses (total number of candidates &/or responses, including referenda and all write-ins for each contestlssue) $5.31 Headers (Central Tabulators) $1 49 Re -Coding Fees $371 88 fee f for each changed element Voice'FilesperiVatroNicandqufoAlAJtKeFqugimertfT.ype, Language Setup Charge - English $256.50 Language Setup Charge - Spanish $256.50 Language Setup Charge - All Other languages $387.00 per Ian ua e Election stems & Software Ballot Layout Coding, Voice File Service Pricing Effective for all elections on or after January1 2008 Political Parties $5 22 Ballot Faces $10.53 Contests / Issues $10.53 Candidates / Yes -No Responses $7 29 Propositions / Amendments / Instructions $15.48 Price per word in excess of 1200 total words (Instructions / Propositions / Amendments) $027 $256.50 for English 8 Spanish and $387.00 (for each Resubmission additional language), plus the applicable fee for each element changed for each language (NherSerxrir,�es�5tanidactl.0yemrgfiE#7eINeFy�TfaYyes�;WILAgpljr„arrdtlUII.9e - )301" epara t , Media bum (Flash / PCMCIA Cards, Mem Packs, PEBs, and Jump Drives) $10.00 Electronic transfer files (one charge per county, per election) $125.00 SOS Media $50.00 Note 1: Any applicable state and local taxes are not included, and are the responsibility of Customer. Note 2: Payment terms are 100% of invoice total due within 30 calendar days of invoice date. [END OF EXHIBIT A] EXHIBIT B BALLOT PRINTING SERVICES Description Price per Ballot Wand 1T' Ballots: Base ballot charge $0.25 Backside of ballot $0.03 Stub and / or numbering $0.03 Folding $0.02 Scoring $0.02 Packaging $0.01 Color requirements — defined as a color bar on the ballot Other designs or methods quoted separately. $0.02 Per Ballot Fee Subtotal $TBD Additional charges for special requests, including watermarking, unique packaging requirements and expedited delivery requirements. $TBD Per Ballot Fee Total $TBD Prices are exclusive of freight, which will be billed separately. 19" ballots are noted separetel . Note 1: 100% of payment for Ballot Printing services due within thirty (30) calendar days from issuance of invoice. Note 2: The above pricing assumes the use of ES&S partner printers. The use of a Customer requested printer may result in a change in the fees outlined above. Note 3: Unexpected and material changes in costs such as paper may result in changes to the fees reflected above. APPOINTMENTS TO CALHOUN COUNTY LIBRARY BOARD: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to accept the Appointments of Chuck Watkins, Michael Chavana and Mike Kovarek to the Calhoun County Library Board.. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. PETITION TO VACATE A 1.095 ACRE PORTION OF OUTLOT 2, OUTBLOCK 17 OF THE PORT O'CONNOR TOWNSITE OUTLOTS AS RECORDED IN VOLUME 2, PAGE 1 OF THE DEED RECORDS OF CALHOUN COUNTY, TEXAS: Passed on this Agenda Item. FINAL PLAT OF OUTLOT 2, OUTBLOCK 17, PORT O'CONNOR TOWNSITE OUTLOTS, RESUBDIVISION #1: Passed on this Agenda Item. ABANDON A 1.738 ACRE UNNAMED STREET AS SHOWN ON THE PLAT OF PORT O'CONNOR TOWNSITE OUTLOTS RECORDED IN VOLUME 2, PAGE 1 OF THE DEED RECORDS OF CALHOUN COUNTY, TEXAS: A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to Abandon a 1/738 acre unnamed Street as shown on the plat of Port O'Connor Townsite Outlots recorded in Volume 2, Page 1 of the Deed Records of Calhoun County, Texas. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCEPT DEED FROM TEXAS PARKS AND WILDLIFE DEPARTMENT FOR 4.055 ACRES OF LAND IN SWAN POINT, CALHOUN COUNTY, TEXAS: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to accept the Deed from Texas Parks and Wildlife Department for 4.055 acres of land in Swan Point, Calhoun County, Texas. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. INSTRUMENTN#109682C2RStamp page(s) DEED WITHOUT WARRANTY STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN } Texas Parks and Wildlife Department, as Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED and CONVEYED, and by these presents does GRANT'and CONVEY unto Calhoun County, Texas, whose mailing address is Calhoun County Courthouse, 211 South Ann Street, Port Lavaca, Texas 77979, as Grantee, that certain 4.055 acres of land in Calhoun County, Texas, more particularly described in that certain deed dated October 25, 1967, from Jack Fields and Mary Anne Fields to the State of Texas for the use and benefit of the Parks & Wildlife Department, recorded in Volume 237, Pages 593-595, Deed Records of Calhoun County, Texas, to which deed and its record reference is here made for all purposes. Grantee shall use the land hereby conveyed for public boat ramp purposes, and upon Grantee's failure to so use the land, title thereto shall immediately, and without the necessity of action by Grantor, revert to Grantor. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said Grantee and its successors and assigns, forever. EXECUTED this day off07. TEXAS PARKS AND WILDLIFE RobertL. Cook Executive Director (Acknowledgment on following page.) STATE OF TEXAS COUNTY OF TRAVIS tt�� This instrument was acknowledged before me on Njrr , 4 , 2007, by Robert L. Cook, as Executive Director of the Texas Parks and Wildlife,Department. swldx3 uolssiww00%S'01jgnd Aye sexel;o a;e3S'oOgnd NSION V13A V13JUlVd grain. u�UL9-9-- Notary Public 1/9/2008 2:25 PN This Document has been received by this Office for Recording into the Otficial Public Records. We do hereby smear that we do not discriminate due to Race, Creed, Color, Sex or National Origin. Filed for Record in: Calhoun County Honorable Anita Fricke County Clerk lnstr.: 19M Stamps: 2 page(s) Page 2, deed to Calhoun County FUNDS RECEIVED FROM SALE OF SCRAP METAL IN THE AMOUNT OF $960.36 AND AUTHORIZE COUNTY TREASURER TO DEPOSIT IN PRECINCT #2 BUDGET: A Motion was made by Commissioner Lyssy and seconded by Commissioner Finster to approve funds received from sale of scrap metal in the amount of $960.36 and authorize County Treasurer to deposit in Precinct #2 budget. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. AUTHORIZE COMMISSIONER LYSSY TO SIGN DRAINAGE ACCESS AGREEMENT: Passed on this Agenda Item. APPOINTMENT TO DE -GO -LA RC&D BOARD OF DIRECTORS AND DE -GO -LA RC&D COUNCIL: A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to appoint Commissioner Fritsch to De -Go -La RC&D Board of Directors and De -Go -La RC&D Council. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. De -Go -La Resource Consetvattion andoewfopment Project, Inc. 312 S .`Main R& 310 Victortq Texas 77901 r "quation ofOvectorship December4, 2007 Calhoun County — Calhoun County Commissioners Court The following person is currently designated to represent your county on the De -Go -La RC&D Board of Directors: Neil Fritsch Member of Calhoun County Commissioners Court Will the individual listed above continue as the designated director for your county? yes (Indicate Yes or No) If the individual will not continue to represent your county, please list their replacement. Please indicate who will represent your organization to the De -Go -La RC&D Council for the coming year. Name Commissioner Neil Fritsch Address 2467 St. Highway 172 Port Lavaca T% 77979 Phone Number 361-893-5346 Authorized Signature Sponsoring Organization Calhoun County Aransas, Bee, Callwun, IDeff*t, Tayette, Gohad Gonzales, Jackson, 2grues, Lavaca, Live Oak WcWullen, Nueces, RefWui San Patmw, and Victoria Counties of Texas SET THE COURT DATE FOR THE FIRST MEETING IN FEBRUARY 2008 DUE TO JUDGES' AND COMMISSIONERS' CONFERENCE: A Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to set February 7, 2008 as the First Commissioners' Court Meeting of February. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ADOPT ORDER SETTING DAY OF WEEK, LOCATION AND ALTERNATE LOCATION OF REGULAR TERM FOR COMMISSIONERS' COURT FOR 2008 CALENDAR YEAR: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to Adopt Order Setting Day of Week, Location and Alternate Location of Regular Term for Commissioners' Court of 2008 Calendar Year. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ORDER SETTING DAY OF WEEK, LOCATION AND ALTERNATE LOCATION OF REGULAR TERM FOR COMMISSIONERS' COURT FOR 2008 CALENDAR YEAR Motion by Commissioner Galvan, seconded by Commissioner Fritsch, and carried, that the following order be entered: At a regular term of the Commissioners' Court in and for Calhoun County, Texas, held in the regular meeting of said Court in the County Courthouse in Port Lavaca, Texas, on the 27th day of December, 2007, with County Judge Michael J. Pfeifer presiding, and Commissioners Roger Galvan, Vern Lyssy, Neil Fritsch, and Kenneth Finster present, and with Deputy County Clerk Wendy Marvin in attendance, there having come on for hearing the matter of determining the day of week and location of the regular term of Calhoun County Commissioners' Court for the calendar and fiscal year, 2008, it was ordered that the regular term should be the second and fourth Thursday of each month. The location of such meetings will be the Commissioners' Courtroom located in the County Courthouse, 211 S. Ann Street, Port Lavaca, Calhoun County, Texas, The first alternate location of such meetings will be the Bauer Exhibit Building, County Road 101, Port Lavaca, Calhoun County, Texas. IT IS SO ORDERED this 27th day of December, 2007 COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS By: 0�—&LA a. 0 g ak-/ Michael J. PfeifeY,, Co t) Judge ATTEST: ANITA FRICKE, County Clerk By: Deputy erk MONTHLY REPORTS: The County Clerk presented her monthly report for the month of October 2007 and JP 5 and the Tax Assessor/Collector presented their monthly reports for the month of November 2007 after reading and verifying same, a Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch that said reports be accepted as presented. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION OFFICE FUND - OCTOBER 2007 CIVIL FUNDS County Fees County Clerk's Fees Recording $15,121.50 Probate 244.00 Civil 880.00 Total County Clerks Fees $16,245.50 Judge's Fees Probate 28.00 Civil 110.00 Total Judge's Fees 138.00 Probate Fees (Education Fees) 30.00 Sheriffs Fees 275.00 Jury Fees 44.00 Law Library Fees 980.00 Beer Licenses 0.00 Appellate Fund ITGC) 140.00 Court Reporter Fees 420.00 Civil Indigent Fees 155.00 Record Management Fees (County Clerk) 2,260.00 Record Management Fees (County) 165.00 Security Fees (County) 639.00 Bond Forfeitures 0.00 Subtotal County Fees $21,491.50 State Fees Judicial Funds (CV$1694+ PR$462) 2,156.00 Marriage License Fees 280.50 Birth Certificate Fees 153.00 Total State Fees 2,569.50 SUBTOTAL $24.061.00 $24,061.00 Overprint of Filing Fees to be Refunded by Co. Clk, 0.00 TOTAL CIVIL FUNDS COLLECTED $24,061.00 CRIMINAL FUNDS $7698.00 + $1199.00). Total Criminal Court Costs & Fines & Pre -Trial Diversion 8,897.00 TOTAL FUNDS RECEIVED (As per ACS Report) $32,958.00 Bank Interest Earned 85.73 TOTAL FUNDS RECEIVED $33,043.73 Less Refunds for Overpayment of Filing Fees 0.00 ADJUSTED FUNDS RECEIVED $33,043.73 Plus Re -Deposit of NSF Checks (Not recorded in ACS) Less NSF Checks (Not recorded in ACS) Co. Clerk Check /�_ AMOUNT DUE COUNTY TREASURER $33,043.73 ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION (cont) OFFICE FUND - OCTOBER 2007 DISBURSEMENTS CK# Payable To 985 Rhonda Kokena, Co. Trees. CASH ON HAND OFFICE FUND Beginning Book Balance $32,644.89 Funds Received 33,043.73 Disbursements -32,706.55 Plus Redeposa of NSF Checks Less NSF Checks Ending Book Balance $32,982.07 CASH ON HAND TRUST FUND Beginning Book Balance $52,548.38 Funds Received 0.00 Disbursements 0.00 Ending Book Balance $52,548.38 SUBMITTED BY: Anita Fricke, County Clerk Description Amount Sept. report 2007 $32,706.55 $0.00 $0.00 $0.00 TOTAL DISBURSEMENTS $32,706.65 BANK RECONCILIATION OFFICE FUND Ending Bank Balance $31,825.41 Outstanding Deposits'* 1,227.00 Outstanding Checks" (70.34) Plus Other hems" Less Other Items" Reconciled Bank Balance $32,982.07 BANK RECONCILIATION, TRUST FUND Ending Bank Balance $52,548.38 Outstanding Deposits" 0.00 Outstanding Checks" 0.00 Reconciled Bank Balance $52,548.38 "See Attached APPROVED BY: MidfiaerJ.&9feVF, County Judge 12/•110/2007 05:45 361-983-2461 CALHOUN CO PCT 5 PAGE 01 Judge Nancy Pomykal Justice of the Peace Pct. 5 Collections for the Month of November 2007 Date: December 10, 2007 Calhoun County Commissioners Court 211 S. Ann Street Port Lavaca, TX 77979 Fax no: 553-4444 Commissioner's Court: Attached is a report of all collections for my court for the month given. Faxing 7 Pages including this cover. 12/10/2007 05:45 361-983-2461 CALHOUN CO PCT 5 PAGE 02 12/10/2007 Money Distribution Report Page 1 Judge Nancy Pomykal Pct. 5, November Report Receipt Cause/Defendant Code Amount Code Amount 1 Code Amount 1 Code Amount 1 Code Amount Code Amount 1 I I I I I I I 0373156 07-10-0282 11/05/2007 JSF 4,00 CCC 40.00 1 CHS 3.00 1 LAF 5.00 I IF 4.00 JCSF 1.00 1 FUENTES, PEDRO JPAY 4.00 I 1 I I I Cred-Card/Trnsfr I I I I I I 0,1731.57 07-10-0281 11/05/2007 I JSF 4.00 I CCC 40.00 I CHS 3-00 1 LAF 5.00 1 TF 4.00 1 JCSF 1,00 1 FUENTES, PEDRO j JPAY 4.00 I FINE 84.00 I I I I I Cred-Card/Trnsfr I I I I I ( I 0373158 07-09-0272-FED 11/06/2007 1 WPFF 5.16 I WPSF 4,84 I I I I I FEDERAL NAIL. MORTG. ASSOC. I Cashier's Check I I 0373159 07-08-0229 11/07/2007 1 JSF 4.00 I CCC 40.00 I CHS FOGLE, ALLEN SCOTT I JPAY 4,00 I FINE 244.00 1 Jail Credit I I I 0373160 07.10-0298 11/09/2007 JSF 4.00 I CCC 40.00 I CHS RUST. HFRBF.RT EDWARD JPAY 4.00 1 PWF 34.00 1 Personal Check 1 I 1 0373161 07-10-0297 11/09/2007 I JSF 3.00 I CCC 40.00 I CHS RUST, HERBERT EDWARD I JPAY 4,00 1 PWF 39.00 1 Personal Check I 1 0373162 07-10-0303 11/20/2007 I JSF 4.00 1 CCC 40,00 1 CHS JASINSKI. BRADLEY WAYNE I JPAY 4.00 1 PWF 39.00 1 Personal Check I I I 0373163 07-10-0302 11/20/2007 1 JSF 3.00 I CCC 40.00 1 CHS JASINSKI. BRADLEY WAYNE JPAY 4,00 I PWF 34.00 1 Personal Check 1 0373164 07-10-0320 1,1/20/2007 JSF 3.00 CCC 40.00 CHS JONES. GARY DON JPAY 4.00 PWF 150.00 Personal Check 1 1 0373165 07-10-0321 111201ZO07 JSF 3,00 CCC 40.00 1 CHS HANDPICK, BARNEY RAY JPAY 4.00 PWF 100,00 Personal Check 1 0373166 07-10-0312 11/20/2007 I JSF 4.00 1 CCC 40.00 1 CHS BENZINE, AARON LEE 1 JPAY 4,00 I PWF 34.00 1 Personal Check I 1 1 3.00 LAF 5.00 I I 3.00 I PWAF 5.00 I 4.00 PWAF 5.00 I 3.00 PWAF 5.00 I 1 4.00 I PWAF 5.00 I 4.00 1 PWAF 5.00 4.00 I PWAF 5AC I I 3,00 1 PWAF S.00 TF 4.00 I JCSF I 1.00 TF 4.00 I I JCSF I 1.00 TF 4.00 I 1 JCSF I 1.,00 TF 4.00 I 1 JCSF 1.00 I TF 4.00 1 JCSF 1.00 TF 4.00 1 JCSF 1.00 TF 4.00 1 JCSF 1.00 TF 4,00 1 JCSF I.DO I I I I Total 61,00 145-00 10.00 305.00 95.00 100.00 100.00 95,00 211,00 161.00 95,00 12/10/20e.7 05:45 361-983-2461 CALHOUN CO PCT 5 PAGE 03 12/10/2007 Money Distribution Report Page 2 Judge Nancy Pomykal Pct. 5, November Report The following totals represent - Cash and Cheeks Collected Type Code Description Count Retained Disbursed Money -Totals The following totals represent - Cash and Checks Collected COST CCC CONSOLIDATED COURT COSTS 7 28.00 252.00 280.00 COST CHS COURTHOUSE SECURITY 7 25100 0,00 25.00 COST JCSF JUSTICE COURT SECURITY FUND 7 7.00 0,00 7.00 COST JPAY JUDGE PAY RAISE FEE 7 4.20 23.80 28.00 COST JSF JUROR SERVICE FUND 7 2.40 21.60 24.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST PWAF TEXAS PARKS & WILDLIFE 7 28.00 7.00 35.00 COST TF TECHNOLOGY FUND 7 28.00 0.00 28,00 FEES WPFF Writ of Possession Filing Fee 1 5.16 0.00 5.16 FEES WPSF Writ. of Possession Service, Fee 1. 4,84 0.00 4,84 FINE FINE. FINE 0 0.00 0.00 0.00 FINE PWF PARKS & WILDLIFE FINE. 7 64.50 365.50 430.00 Money Totals 8 197.10 669.90 867.00 The following totals represent. - Jail Credit and Community Service COST CCC CONSOLIDATED COURT COSTS 1 4.00 36.00 40,00 COST CHS COURTHOUSE SECURITY 1 3.00 0,00 3.00 COST JCSF JUSTICE COURT SECURITY FUND 1 1.00 0.00 1.00 COST JPAY JUDGE PAY RAISE FEE 1 0.60 3.40 4.00 COST JSF JUROR SERVICE FUND 1 0.40 3.60 4.00 COST LAF SHERIFF'S FEE 1. 5.00 0.00 5.00 COST PWAF TEXAS PARKS & WILDLIFE 0 0 00 0.00 0.00 COST TF TECHNOLOGY FUND 1 4.00 0.00 4.00 FEES WPFF Writ of Possession Filing Fee 0 0.00 0.00 0.00 FEES WPSF Writ of Possession Service, Fee 0 0.00 0.00 0.00 FINE FINE F1NL 1 244,00 0,00 244.00 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 Credit Totals I 262.00 43,00 305.00 The following totals represent - Credit Card Payments and Transfers COST CCC CONSOLIDATED COURT COSTS 2 8.00 72.00 80.00 COST CHS COURTHOUSE SECURITY 2 6.00 0,00 6.00 COST JCSF JUSTICE COURT SECURITY FUND 2 2.00 0.00 2.00 COST JPAY JUDGE PAY RAISE FEE 2 1.20 6.80 6.00 COST JSF JUROR SERVICE FUND 2 0,80 7.20 8,00 COST LAF SHERIFF'S FEE 2 10.00 0.00 10,00 COST PWAF 'TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST IF TECHNOLOGY FUND 2 6,00 0.00 8.00 FEES WPFF Writ of Possession Filing Fee 0 0.00 0,00 0.00 FEES WPSF Writ of Possession Service Fee 0 0.00 0.00 0.00 FINE FINE FINE 1 84.00 0.00 84.00 FINE PWF' PARKS & WILDLIFE FINE 0 0.00 0.00 0,00 Credit lotals 2 120.00 86.00 206.00 12/10l2007 05:45 361-983-2461 CALHOUN CO PCT 5 PAGE 04 12/10/2007 Money Distribution Report Page 3 Judge Nancy Pomykal Pct. 5, November Report The following totals represent - Combined Money and Credits Type Code Description Count Retained Disbursed Money -Totals The following totals represent - combined Money and Credits COST CCC CONSOLIDATED COURT COSTS 10 40,00 360.00 400.00 34.00 COST CHS COURTHOUSE SECURITY 10 34.00 0,00 0.00 10.00 COST JCSF JUSTICE COURT SECURITY FUND 10 10.00 6.00 34.00 40.00 COST JPAY JUDGE PAY RAISE FEE 10 3.60 32.40 36,00 COS[ JSr JUROR SERVICE FUND 10 15.00 0.00 15.00 COST LAF SHERIFF'S FEE 3 7 20.00 7.00 35,00 COST PWAF TEXAS PARKS 9 WILDLIFE 0.00 40.00 COST TF TECHNOLOGY FUND 10 40.00 5,16 FEES WPFF Writ of Possession Filing Fee 1 5.16 0.00 4.84 FEES WPSF Writ of Possession Service Fee 1 4.84 0,00 328,00 FINE FINE FINE 2 328.00 0.00 FINE PWF PARKS 6 WILDLIFE FINE 7 64.50 365.50 430,00 Report Totals 1.1 579.10 798.90 1,378.00 121'10/2007 05:45 361-983-2461 CALHOUN CO PCT 5 PAGE 05 zz/lo/2007 Money Distribution Report Page 4 Judge Nancy PomyKai Pct. 5, November Report DATE PAYMENT -TYPE FINES COURT -COSTS FEES BOMOS RESTITUTION OTHER TOTAL 0.00 00/00/0000 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.U0 Jail Credits & Comm Service 0.00 0.00 0,00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 Total of all Collections 0,00 0.00 0.00 0.00 09/01/1991 Cash & checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0,00 0.00 0.00 0.00 0.00 0.00 0.00 credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0,00 09/01/1993 Cash & Checks Collected 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0,00 Jail credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0,00 0.00 0.00 0,00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0,00 0.00 09/01/1995 Cash & Checks Collected 0.00 0,00 0,00 0.00 0.00 0.00 O.DD 0.00 Jail credits & Cow Service 0.00 0.00 0,00 0.00 0,00 0.00 0,00 Credit cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0,00 0.00 0.00 0.00 0.00 0.00 09/01/1997 Cash & Cheeks Collected 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 Jail Credits & Calm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0,00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/01/1999 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 Jail Credits & Comm Service 0,00 0.00 0.00 0.00 0,00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0,00 0.00 0.00 0-00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 09/01/2001 Cash & Checks collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0,00 0.00 0,00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0,00 0.00 0,00 0.00 0.00 0,00 09/01/2003 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 MO 0,00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0,00 0.00 01/01/2004 Cash & Checks Collected 430.00 427,00 10.00 0.00 0.00 0,00 867.00 Jail Credits & Comm Service 244,00 61.00 0.00 0.00 0.00 0.00 305,00 Credit Cards & Transfers 84.00 122.00 0-00 0.00 0.00 0,00 206.00 Total of all Collections 7l'A.00 610.00 10.00 0.00 0.00 0.00 1.378,00 TOTALS Cash & Checks Collected 430.00 427.00 1,0.00 0.00 0.00 0.00 86/.00 Jail Credits & Comm Service 244.00 61.00 0,00 0.00 0.00 0.00 305,00 Credit Cards & Transfers FT4.00 122.00 0,00 0.00 0.00 0.00 206.00 Total of all Collections 758.00 610.00 10.00 0.00 0.00 0.00 1,378.00 11,,'10/2007 05:45 361-983-2461 CALHOUN CO PCT 5 PAGE 06 I'r'?10/?001 I.)AII PAYMI NT -Iyl'f Money I li ql.rIbul.inri Repurl lud!1r Nnncy Ihm)ykal Ri., h. 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IS trig alld GUI" tV- 12/I,0/2007 05:45 361-983-2461 CALHOUN CO PCT 5 PAGE 07 r Witness mq hand this Im SUMMARY TAX ASSESSOR-COLLECTOR'S MONTHLY REPORT FOR: NOVEMBER 2007 Title Certificate Fees $ 5,616.00 Title Fees Paid TXDOI Title Fees Paid County Treasurer Salary Fund Motor Vehicle Registration Collections Disabled Person Fees Postage Paid TXDOT Paid TXDOT SP Paid County Treasurer Paid County Treasurer Salary Fund Motor Vehicle Sales & Use Tax Collections Paid State Treasurer Special Road/Bridge Fees Collected Paid TXDOT - R/B Fees Paid County Treasurer- R/B Fees Texas Parks & Wildlife Collections Paid Texas Parks & Wildlife Paid County Treasurer Salary Fund State Beer & Wine Collections Paid Tx Alcoholic Beverage Commission Paid County Treasurer, Salary Fund County Beer & Wine Collections Paid County Treasurer, County Beer & Wine Paid County Treasurer, Salary Fund Renewal Fees for County Beer & Wine Paid County Treasurer - Renewal F Additional Postage - Vehicle Registration Paid County Treasurer -Additional Postage Interest earned on P&W $ 22.67 and Refund s Accounts Paid County Treasurer - Int. on P&W & Ref Interest earned on Office Account Paid county Treasurer - Nay. East Paid County Treasurer - all other districts Business Personal Property - Misc. Fees Paid County Treasurer Special Overpayments Paid County Treasurer Overpayments Current Tax Collections Penalty and Interest - Current Roll Discount for early payment of taxes Delinquent Tax Collections Penalty & Interest - Delinquent Roll Collections for Delinquent Tax Attorney Advance - FM & L Texas Advance - County AdValorem Taxes Paid County Treasurer - Nev. East Paid County Treasurer - all other Districts Paid County Treasurer - Dellml Tax Atty. Fee $ 72,847.14 $ 200.00 114.75 $ 357,125.92 $ 10,696.00 $ 2,485.00 $ 2,525.00 $ 762.50 $ 10.00 $ 6.00 $ 22.67 $ 17,991.80 $ 483.25 $ 123.34 $ 633,186.30 $ 12,440.71 $ 3,392.45 $ 2,413.89 $ 3,656.00 $ 2,060.00 $ 69,604.90 $ 199.84 $ 3,357.15 $ 357,125.92 $ 320.88 $ 10,375.12 $ 2,236.50 $ 248.60 $ 2,481.00 $ 44.00 $ 724.37 $ 38.13 $ 10.00 $ 6.00 $ 22.67 $ 17,917.32 $ 74.48 $ 483.25 $ 13,775.17 $ 2.93 $ 567,156.27 $ 2,932.02 $ 66,275.41 $ 2,413.89 Payment in Lieu of Taxes $ _ Paid County Treasurer- Navig. East $ _ Paid County Treasurer- All other Districts $ _ Boat/Motor Sales & Use Tax Collections $ 19,606.05 Paid State Treasurer $ 18,625.75 Paid County Treasurer, Salary Fund $ 980.30 Special Farmers Fees Collected $ 60.00 Paid State Treasurer, Farmers Fees $ 60.00 Hot Check Collection Charges $ 45.00 Paid County Treasurers, Hot Check Charge $ 45.00 Overage on Collection/Assessing Fees $ _ Paid County Treasurer, overage refunde $ _ Escheats $ _ Paid County Treasurer -escheats $ _ TOTAL $ 1,142,152.77 $ 1,142,152.77 TOTAL OF ABOVE RECEIPTS PAID TO COUNTY $ 1,142,162.77 GLORIA A. OCHOA Tax Assessor -Collector C A J PFEIFER County Judge ACCOUNTS ALLOWED — COUNTY: Claims totaling $386,027.59 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED — HOSPITAL: Claims totaling $2,174,643.79 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED — INDIGENT HEALTHCARE: Claims totaling $141,486.57 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. DECLARE CERTAIN ITEMS OF COUNTY PROPERTY IN THE OFFICE OF JUSTICE OF PEACE #3 AS SURPLUSISALVAGE: A Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to declare certain items of County Property in the Office of Justice of Peace #3 as surplus/salvage. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. TE Thee Honorable x &ir�gp 9v. ul Justice of the Peace - Precinct #3 - Calhoun County Box 543 - Point Comfort, Texas 77978 • (361) 987-2661 • Fax(361) 987-2798 December 14, 2007 .. Commissioner's Court Calhoun County Port Lavaca, Texas 77979 Re: hiventory#457-0045-Chair,Inventory#457-0043-Desk, Inventory#457-0057-software Dear Commissioner's Court, Please declare the above items as salvage surplus. These items were sent to the County auction that took place this year. Please remove the above inventory from the Calhoun County Pct.3, Judge Gary W. Noska's inventory list. Sincerely, dra Lynch-Courl Clerk Calhoun County, JP#3 ; k ) BCIO ) � O CL, 661 � � 0 � 2m 6W :m Z � 6W CJQ coo � � 6W � � ■ F- U Q. u, U w a w ti a a w U ti N cw C Z a w Q co LO M w o o M O Y) O V 0 U W K W a 0 K L6 w O cl W Z Z w a 0o rn rn o 0 o a N J Q F- 0 F- 0. a w 0 k m a 4 uOYINI A CRIEFlIUUITUR December 12, 2007 Honorable Gary Noska Justice of the Peace Precinct 3 PO Box 543 Point Comfort, TX 77978 Dear Judge Noska: TELEPHI 3-4614 ruorua w,r u 4 i V LV3j/' On December 11, 2007, 1 performed an inventory of the fixed assets of the Justice of the Peace, Precinct 3 department for which you are responsible. I compared the items in your office with the "Fixed Asset Inventory Report" maintained by the County Auditor's office. The below items could not be located during the inventory. As we discussed, the items missing from the inventory were items that should have previously been declared salvage/surplus. You will need to request, in writing that Commissioner's Court declare these items salvage/surplus. Once Commissioner's Court has declared the items salvage/surplus, we can remove them from your inventory. Until that time, the items will remain on our records as part of the inventory for which your department is responsible. Inventory #457-0045 — CHAIR Inventory #457-0043 — DESK Inventory #457-0057 — SOFTWARE Thank you for your assistance and cooperation with our inventory of your department's fixed assets. If you have any questions concerning the fixed asset inventory, you may contact me at 553-4615. Respectfully Submitted, Adam Machicek Assistant Auditor Approved by: Ed�!I�Ier County Auditor cc: Judge Stephen Williams County Judge Mike Pfeifer County Commissioners Dan Heard, District Atty. Auditor's File DECLARE CERTAIN ITEMS OF COUNTY PROPERTY IN THE CALHOUN COUNTY HEALTH DEPARTMENT AS SURPLUSISALVAGE AND REMOVE FROM INVENTORY: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to declare certain items of County Property in the Calhoun County Health Department as surplus/salvage and remove from Inventory. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Port Lavaca, TX 77979 Fax (361) 552-9722 Bain C. Cate, M. D., Medical Director w .cchealthdeptxom December 17. 2007 Judge Mike Pfeifer County Commissioners c/o Susan Riley Dear Susan, I would like to formally request that the 9 items listed below be removed from our "Fixed Assets Inventory Report". Adam Machicek and I did an inventory of our office on December 11°i and were not able to fine these items at the Calhoun County Health Department. Please have the Commissioner's Court declare these items salvage/surplus. Thank you for your consideration and assistance. Inventory # Item Name 635-0049 cabinet 635-0109 chairs (2) 635-0129 computer 635-0186 computer 635-0113 paper shredder 635-0048 cabinet units (3) 635-0039 chairs (2) 635-0197 computer 635-0114 mat Respectfully submitted, �,P� n�� E��- Dana Nichols, RN, BSN DN:mh Attachment IACI ILAIA,CIA CUIEFIIUUITOU December 12, 2007 Dana Nichols Health Department Port Lavaca, Texas 77979 Dear Ms. Nichols: TELEPNI 3-4614 MUM ANYRAWEWSAA On December 11, 2007, 1 performed an inventory of the fixed assets of the HEALTH DEPARTMENT for which you are responsible. I compared the items in your office with the "Fixed Asset Inventory Report" maintained by the County Auditor's office. The below items could not be located during the inventory. As we discussed, the items missing from the inventory were items that should have previously been declared salvage. You will need to request, in writing that Commissioner's Court declare these items salvage/surplus. Once Commissioner's Court has declared the items salvage/surplus, we can remove them from your inventory. Until that time, the items will remain on our records as part of the inventory for which your department is responsible. Inventory #635-0049 — CABINET Inventory #635-0109 — CHAIRS (2) Inventory #635-0192 — COMPUTER Inventory #635-0186 — COMPUTER Inventory #635-0113 — PAPER SHREDDER Inventory #635-0048 — CABINET UNITS (3) Inventory #635-0039 — CHAIRS (2) Inventory #635-0197 — COMPUTER Inventory #635-0114 — MAT Thank you for your assistance and cooperation with our inventory of your department's fixed assets. If you have any questions concerning the fixed asset inventory, you may contact me at 553-4615. Respectfully Submitted, 0 � � Adam Machicek Assistant Auditor Approved by: 'A MueA Cindller County Auditor cc: Judge Stephen Williams County Judge Mike Pfeifer County Commissioners Dan Heard, District Atty. Auditor's File DECLARE CERTAIN ITEMS OF COUNTY PROPERTY IN THE OFFICE OF JUSTICE OF PEACE #5 AS SURPLUSISALVAGEITRANSFERRED TO OTHER DEPARTMENTS AND REMOVE FROM INVENTORY: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to declare certain items of County Property in the office of Justice of Peace #5 as surplus/salvage/transferred to other Departments and remove from Inventory. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. The Honorable NANCY POMYKAL December 18, 2007 The Honorable Judge Mike Pfeifer and Calhoun County Commissioners 211 S. Ann Street Port Lavaca., Texas 77979 a Justice of Peace for Precinct No. 5 • Calhoun County P.O. Box 454 • Port O'Connor, TX 77982 (361) 983-2351 • Fax (361) 983-2461 Re: Fixed Asset Inventory Report; Department 490, Precinct 5, Calhoun County; Dear Judge Pfeifer and Commissioners: This is to inform you the computer system SN WM653 272 4802 with Acer sound card SN 94600790 was transferred to commissioner Precinct Four, Kenneth Finster in the year 2003. The computer system. Intel Pentium 4 W/2 CPU, after having several problems was salvaged. The 17" monitor remains in my inventory. Should you have any questions, you may contact me at the above telephone number. Very truly yours, Judg ancy Pomykal xerox copy- Amy Watkins Calhoun County Assistant Auditor U a 0 W 4 W 0 l_U co W Z W Q Q 0) Wt Z a Q 41 N a FU ww �w 0 0 ZW 00 J ma wco J G Q W e 00 aCL NZ M i W J m F 0 o a 0 I z � o J o m 0O F 30 v� D J Dw z Za ag J W W z� 2 LU w w w F D a 0 0 8 C � o o 0 v O I i / O N N ki LU O N R a Im Y7 N Cl) fR J Q H 0 F- H a w 0 i m a BUDGET ADJUSTMENTS: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve any necessary Budget Adjustments. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 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