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2015-03-12Regular 2015 Term THE STATE OF TEXAS § COUNTY OF CALHOUN § Held March 12, 2015 BE IT REMEMBERED, that on this 12th day of March, A.D., 2015 there was begun and holden 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 CountyJudge Roger C. Galvan Commissioner, Precinct #1 Vern Lyssy Commissioner, Precinct #2 Neil Fritsch Commissioner, Precinct #3 Kenneth W. Finster Commissioner, Precinct #4 Josie Sampson Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation. Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. PUBLIC DISCUSSION OF COUNTY MATTERS: Ron Langford, County Veterans Service Officer, gave the Court an update of what has been happening in his office since January 1, 2015. He stated he has visited with over 47 individuals and has covered activities such as registering for benefits, registering documents, interviews with veterans, survivors and next of kin who are interested in helping the veterans apply for benefits. He has answered general questions from the public, visited the nursing homes and has put his card out at various organizations that deal with veterans such as the senior citizens center. Mr. Langford stated he has also given out his home phone number as well as his cell phone number and office number. He commended Anna Goodman, County Clerk, and her staff stating they have been of "great help" when there is a need to register documents for the veterans, stating she and her staff have been a "tremendous asset". He also complimented Peggy Hall of the Auditor's office for her assistance. Mr. Langford said he has received his DAV certification and plans on attending the Texas Vets certification class later this year. He thanked Judge Pfeifer and the Commissioners for their support and stated the office has made a tremendous impact in assisting the veterans. AWARD BIDS FOR FUEL TO BE DELIVERED FOR THE PERIOD MARCH 16, 2015 THROUGH APRIL 15, 2015: Commissioner Fritsch made a motion to accept the low bid from Diebel Oil for diesel and regular fuel. The price for diesel fuel is $2.45 per gallon and regular fuel is $2.31 per gallon. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CINDY MUELLER COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE ANNEX - 202 S ANN ST, STE B PORT LAVACA, TEXAS 77979 (361)553-4610- FE MEMORANDUM TO: JUDGE PFEIFER & SUSAN RILEY COUNTY JUDGE'S OFFICE FROM: AUDITORS OFFICE - PEGGY HALL RE: AGENDA ITEM — MARCH 12, 2015 AGENDAITEM ► Consider and take necessary action to award bid for Fuel to be Delivered for the period beginning March 16, 2015 and ending April 15, 2015. (CM) Fuel -Bulk Delivered Diesel Fuel — Diebel Oil Company Inc was the Only Bid Q W W J W Y J m J W LL W 0 rl LL 02/2612015 13:54 (1FAX) P.0021004 CALHOUN COUNTY, TEXAS BID SHEET- FUEL -BULK DELIVERED on INVNITATIAO.N T 0 BID BIDDER ®IEBEL OIL CO INC SAM DIEBEL PO BOX 71 PORTLAVACA TX 71979 DID ITEM FUEL-UULK DELIVERED jPERJ00IROM: MARCH 16, 2016 PERIOD TO; APRIL 15, 2015 YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: MICHAEL jr PFEIFER, CALHOUN COUNTYJUDCE, 211 SANN Sr, JRD FLOOR, ROOMJOJ, PORT LAVAC4 TX 77979 BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID• FUEL•BULKDELIVERED BIDS ARE DUE AT THE JUDGE'S OFFICE ON OR BEFORE: 10.,00 AM, rHURSDAY, MARCH S, 201S BIDS WILL BE AWARDED AT THE COMMISSIONERS' COURT MEETING ON: THURSDAY, MARCH 12, 2015 THE CLOCK IN THE COUNTY JUDGE'S OFFICE IS THE OFFICIAL CLOCK THAT WILL BE USED IN DETERMINING THE TIME THAT A BID IS RECEIVED AND THE TIME THAT BIDS WILL BE OPENED. 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 BID 171EN., FUEL -BULK DELIVERED QQ(Z; VARIOUS OELIVERY FOB COUNTY FUEL TANK8 OE871NArION VARIOU8 ------e--_----®—ss--,_------------v--____--,—e®--- BP,FvF1cAnoNs: DIESEL FUEL —DELIVERY must be made within 24 hours after receiving order from the County Department in the quantity ordered. If vendor cannot deliver within 24 hours or refuses to deliver, the County Department will order from the next lowest bidder. >>PRICE Per Gallon MUST INCLUDE all fees and charges including all Taxes/Fees the County is not exempt from (for example: $0.20 Stale Excise Tax, State DellverytEnvironmental Fees, Federal Oil Spill Recovery Fees and Federal LUST Tax) >>FREE FROM WATER AND SUSPENDED MATTER UNIT +' UNIT PRICE GALLON y 5PPoxIcArioNs: REGULAR UNLEADED GASOLINE >>DELIVERY must be made within 24 hours after receiving order from the County Department in the quantity ordered. If vendor cannot deliver within 24 hours or refuses to deliver, the County Department will order from the next lowest bidder. »PRICE Per Gallon MUST INCLUDE all fees and charges Including all Taxes/Fees the County Is not exempt from (for example: $0.20 State Excise Tax, State Delivery/Environmental Fees, Federal Oil Spill Recovery Fees and Federal LUST Tax) >>FREE FROM WATER AND SUSPENDED MATTER AND A MINIMUM OCTANE OF 87 (AVERAGE METHOD) UNIT GALLON .UNIT PRICE r 63ELOW TO BE COWL ETED BYBIDDERJ ' AU118RINO SNNATUHE .TIRE (D 1✓� PLANT NAME:_ A 4A. -r $: -G Y L TRENONE NUMER:_ PLEASE I1ST ANY E(CEMONS TO THE ABOVE SPECNICARONS: Thursday, February 26, 2015 BM OEBFL011. 0 CONSIDER AND TAKE NECESSARY ACTION ON REQUEST BY LAWARD TELEPHONE COMPANY TO PLACE TELEPHONE CABLE IN ROW AT OLIVIA HATERIUS PARK AND BORE UNDER HATERIUS PARK LANE: Commissioner Fritsch stated there is a new property owner who wants a telephone. The property is adjacent to the park and the telephone company wants to bury cable 48 inches deep which is more than sufficient for all the needs of the County. Mr. Fritsch stated he wants to put this on record as to where cable is and what it is for. Commissioner Fritsch made a motion to allow LaWard Telephone Company to place telephone cable in ROW at Olivia Haterius Park and bore under Haterius Park Lane. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY COMMISSIONER PRECINcT3 P, 24627 State Hv,)F 172 -- Olivia, Pori Lavaca, Texas 77974 - Office.{ 3611 593-5346 -- Fax (361) 893-5309 Neil E . Fritsch, Commissioner, Pct, 3 Email: neil.fritsch(a7ralhouncotx.org March 3, 2015 To: Honorable Judge Michael Pfeifer From: Neil Fritsch Re: Agenda Item Please place the following item on the Commissioner's Court Agenda for March 12, 2015: "Consider and Take Necessary Action for LafYard Telephone Company to place telephone cable in Row at Olivia LLateritts Park and bore under Hater•ias Park Lane. " Respectfully, cc: Roger Galvan Vern Lyssy Kenneth Finster Susan Riley Commissioner Fritsch, La Ward Telephone is seeking permission to place a buried communication line to serve the residences on the West Side of the Hatrius Park, in Olivia Texas. A schematic of this installation is attached. The project supervisor will be Nick Strauss, Plant Manager at La Ward "telephone. The onsite supervisor will be Cody Parker who can be contacted at 361-920-2407. La Ward Telephone and SRG Services will be doing the installation installing direct buried cable at a minimum depth of 30 inches and directional boring at 48" of depth. Thanks Nick Strauss La Ward Telephone Exchange, Inc. PO Box 246 La Ward, TX 77970 361-872-2211 niek lawar I or, i .J S J N CONSIDER AND TAKE NECESSARY ACTION ON ADDITIONAL FUNDING FOR STREET IMPROVEMENTS IN PRECINCT #1 PROJECT TXCDG-DRS GRANT #DRS010020 / 10-5019-000- 4993 (OCEAN DRIVE) FOR AN ADDITIONAL AMOUNT OF $43,108. Judge Pfeifer stated there is a total of $43,108 available from this grant that is only available to Victoria and Calhoun counties. Victoria County is not going to apply for the monies, so Calhoun County is going to apply as the funds can go along with the Ocean Drive project that the Commissioners have been trying to do for the last couple of years. Commissioner Lyssy stated the reason Calhoun County qualifies is because of the storm. Commissioner Galvan stated these are funds that are available from Hurricane Claudette. Commissioner Lyssy made a motion to apply for additional funding for street improvement in Precinct #1 Project TXCDG-DRS Grant #DRS010020 / 10-5019-000-4993 (Ocean Drive) for an additional amount of $43,108.00 Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Angela Torres <angela.torres@calhouncotx.org> Sent: Thursday, March 05, 2015 4:36 PM To: Susan Riley Attachments: 2015_03_05_16_26_55. pdf Importance: High SUSAN, Roger would like this to be on the agenda for commissioner's court March 5, 2015. What exactly do I need to do? Angela \ >1 \ LL � ) / z / u (\ _ [0 °ci ko \0 ® ® G& E / \ \\ ) ) u \ D { \ ) ) .0 \ {)� ° ® §/0 \ f \ , E \ \kk E CL / o (\ _ ■ } E u \ k / r. Susan Riley From: Cristal Funderburk <cristal@grantworks.net> Sent: Thursday, March 05, 2015 3:47 PM To: Susan Riley Cc: Roger Galvan; Martha Arosemena; Brenna Minor Subject: Agenda Items for 3/12 Commissioner's Court - Calhoun Co/Ocean Drive Attachments: galvan.glo.pdf; Budget Change Form- Calhoun Co DRS 1.pdf Hi Susan, Attached are the back up documents for the following agenda items. Please let me know if you have any questions. Suggested Agenda Item Wording for 3/12: Discuss, consider and take appropriate action to accept additional fundingfor the County's street improvements project TxCDBG-DRS grant UDRS010020 / 10-5019-000-4993. If you need anything else, I will be able to get them to you on Tuesday. If you need something before then, please speak with Brenna Minor 512-420-0303 ext 315 or Martha Arosemena at ext 339 Cristal Funderburk Community Development Project Manager GrantWorks, Inc. 2201 Northland Drive Austin, TX 78756 P (512) 420-0303 ext. 318 F (888) 347-1109 www.grantworks.net EXECUTIVE COMMITTEE President Wayne Dierlam Citizen, Victoria 1st Vice -President Roger Galvan Commissioner, Calhoun County 2"d Vice -President Tramer Woytek Judge, Lavaca County GOLDEN CRESCENT REGIONAL PLANNING COMMISSION 120 S. Main Street, Suite 210, Victoria, TX 77901 (361)578-1587 / Fax (361) 578-8865 www,gcrpc.org Golden Crescent Economic Development District March 4, 2015 The Honorable Roger Galvan Commissioner, Precinct 1 Calhoun County, Texas 2213 Vail Port Lavaca, Tx 77979 Dear Commissioner Galvan: 311 Vice -President This letter is in reference to the $43,108 in Disaster Recovery funding that is available Kevin La Fleur Commissioner, Gonzales County to Calhoun County from the General Land Office. Secretary -Treasurer GCRPC was made aware near the end of last year that this sum (as 1 understand, from Annie Rodriguez Mayor, City of Yoakum recovered/unobli ated balances was available to to the region, needed to be g ) g reallocated/obligated quickly, and was available to those entities that were eligible for Director -at -Large the funding as it was originally distributed. Robert A. Kubena Municipal Judge, Haliettsville I clarified that Calhoun County and Victoria were the only counties in the GCRPC Director -at -Large Region that were eligible for this funding and reached out to both Calhoun and Don PolExecutive Executive Director, Gulf Bend Victoria counties. Victoria Count declined to pursue this funding,leaving the full y p � Victoria amount available to Calhoun County. Calhoun County responded that they were interested in pursuing this additional funding and I informed General Land Office Director -at -Large Julio Espinosa staff of that interest. Municipal Judge, Edna Immediate Past President Hopefully, this letter will satisfy GLO enquiries. Please don't hesitate to contact me Kenneth Finster if you have additional questions. Commissioner, Calhoun County Executive Director Sincerely, Joe E. Brannan Jcfe E Brannan Executive Director Serving Calhoun DeWitt Goliad Gonzales Jackson Lavaca and Victoria counties Equal Opportunity / Affirmative Action Employer CONSIDER AND TAKE NECESSARY ACTION ON CONTRACT BETWEEN CABLE ONE AND JUSTICE OF THE PEACE PRECINCT #3 AND AUTHORIZE JUDGE DIMAK TO SIGN: Justice of the Peace Tanya Dimak addressed the Court and stated her office is currently housed at the Point City Hall. She stated that with all the city employees as well as the Precinct #3 employees using the Internet, the Internet is crashing. She stated her office is required to do electronic filing and submit reports to the State daily and this has been an issue due to problems with internet access. Commissioner Finster asked if the contract would move with her and she stated yes. Commissioner Fritsch made a motion authorizing Judge Dimak to sign a contract between Cable One and Justice of the Peace Precinct #3. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Tanya Dimak <tanya.dimak@calhouncotx.org> Sent: Monday, March 02, 2015 9:04 AM To: susan.riley@calhouncotx.org Subject: Agenda Item Attachments: Cable One Contract - JP3.pdf Good Morning Susan — Please add this to the next Commissioners Court Agenda. It is a contract for internet service from Cable One for the 1P3 office. Attached is the contract that I electronically signed in front of Commissioner Fritsch at his request. Thank you, Tanya Q Dimak Justice of the Peace, Pct. 3 B O Boxsa2 Toint Comfort, V 77978 361-987-2661 361-987-2798fax CABLE BUSINESS Business Services Agreement Date:02/23/2015 Cable One Business Account Rep: Adam Varner Cable One System Address: Phone Number: 602-364-6067 210 E Earl] Drive Fax Number: 888-314-2902 Phoenix, AZ 85012 Custtgmer lnforma;fon, z `�`� „ x, , �� l�u_ 3tinnzed�C�ustomer R�pr�'seht�tire�� -`� ': w Company Name: Justice of the Peace, Pct. 3 Full Name: Tanya Dimak Street Address: 102 Jones St Billing Telephone: 361-987-2661 City/State/ZIP: Point Comfort, TX 77978 Fax: Billing Address: Contact Number: 361-987-2661 City/State/ZIP: Email Address: tanya.dimak@calhouncotx.org Cable One Account #: 2341951115401 Takgs+afid Fees Neit�nblut7 #, , - `all Service Description Quantity Unit Price Term (Years) Type Service Charges Monthly Recurring One Time & Setup Fees D3 Suite (30Mbps x 2Mbps) 1 3 Year Data $50.00 Wi-Fi 1 3Year Data Total: $69.45 Trl r nn 9 a y Lme et3ils } , c. 3, , ....!t "1i r Business Name Listed As: Description Type Telephone # Voicemail £pttr�teiYChargts u Description Quantity Unit Price Total Fee D3 Modem Rental 1 $8.00 $0.00 € S' ctalAondifio .-.... ,.. 1,. ..,...P.� .o s 5x vat 7 � �! .-;c n41 B. yY .. «. =._e5 1., e.D." Fa Tpc ..t-.��•e��v- THE SERVICE CHARGES AND EQUIPMENT FEES TOTAL $69.45 PER MONTH. THESE FEES AND CHARGES ARE SUBJECT TO ADDITIONAL APPLICABLE LOCAL, STATE AND FEDERAL TAXES AND SERVICE FEES AS REQUIRED OR AUTHORIZED BYLAW. By signing below, I acknowledge that I have read, understand, and agree to be bound by and comply with the above service information and charges, and the attached terms and conditions and service -specific agreements. I warrant that I am the Customer or have the authority to represent and bind the Customer. If I provide an email address, a copy of this document and the relevant service -specific agreements will be emailed to me for my records. I understand that I have the right to receive paper copies of this and any other agreements applicable to the Service(s) I have ordered by calling my local Cable One office, and I consent to the use of electronic documents and signature. I acknowledge that I may cancel this agreement without an early termination penalty within thirty (30) days. Customer Authorized Signature 1 yp �j,;, k Tanya .Dim ak(Peb23. 2015) Print Tanya D. Dimak Date Feb 23, 2015 6 Document Integrity Verified Ech4ign T.n dm Numb.,: xJWM21a24552ax2 TERMS AND CONDITIONS The following terms and conditions regarding the provision of service are derived from the complete agreements which govern your relationship with Cable One and are provided solely for your convenience. The terms of the agreements for Internet service and Phone service are not identical and differ in significant ways. An understanding of the tights and obligations of the parties can only be achieved through a full review of the agreements that apply to the Service(s) for which you are contracting. The following is designed to give you a brief and necessarily incomplete overview of some of the terms which in Cable One's judgment are critical elements of which each customer should be fully aware. Except where it is clear that one agreement or the other is being exclusively addressed, the following terms are those in common with both agreements. Rights and Obligations. The parties' rights and obligations will be defined by the agreements. Representations of terns and conditions by any other source including employees and agents of Cable One shall not be binding on Cable One. in the event that Customer uses a purchase order form to order Service(s), Customer acknowledges that to the extent that the terms of the purchase order are inconsistent with the terns and conditions of the agreements, the terms of the agreements will prevail. Availability. The Service(s) may not be available in all locations due to engineering issues and regulatory and technical restrictions. In the event Cable One determines that Service is not available to Customer's location, this Agreement shall be void, and Customer shall be entitled to a refund of all prepaid charges in accordance with Cable One's refund policies. In addition, taxing and regulatory authorities may require differences in the way the Service(s) are offered in different locations. Compliance with Law. Customer's use of the Service(s) shall comply with the terms of the agreements, Cable One's Acceptable Use Policy where relevant, and all applicable laws and regulations. Customer agrees not to resell or redistribute in any way the Service(s), or any portion thereof, or make any use of the Service(s) other than for Customers legitimate business purposes, unless otherwise agreed in writing by Cable One. In addition to the general requirement that use of the Internet service be in compliance with law and Cable One's policies, for additional guidance, the commercial Internet agreement provides a list of specific actions which are prohibited. Cable One will monitor usage amounts, including unbilled usage, to detect fraudulent activity. If usage rises significantly above Cable One's tolerance limits for Customers type of business, Cable One will Investigate and among other things may require Customer to prepay or sign up for direct pay. Charges. Customer agrees to pay Cable One for its subscription to and use of the Service(s) and for applicable charges for installation, if any, and all local, state and federal fees, taxes, administrative fees, surcharges and/or assessments imposed on the Service(s) either by government or Cable One. Any payment not made when due may be subject to a late charge, which charge and method of imposition shall comply with applicable law. Questions regarding a hill must be provided to Cable One within sixty (60) days of receipt of the billing statement in question. Failure to timely notify Cable One of a dispute shall constitute acceptance of the bill. Undisputed portions of the billing statement must be paid before the next billing statement Is issues to avoid an administrative fee for late payment. All payments for services must be made directly by Customer to Cable One. Installation and Maintenance of Equipment. Customer, at no cost to Cable One, shall secure throughout the tens of service from building owners, managers, government authorities or any other parties any agreements necessary to allow Cable One to install, deliver, operate and maintain the Cable One -owned equipment and Service(s). Cable One - owned equipment provided to Customer hereunder shall be maintained by Cable One in good operating condition. Such maintenance obligation is contingent upon Customer notifying Cable One, in a timely manner, when repair or maintenance is necessary. Cable One will have no obligation to install, support, maintain, repair or replace any equipment that is not Cable One Equipment. Cable One shall retain ownership of all Cable One equipment provided hereunder. Customer shall not, directly or indirectly, sell, mortgage, pledge, or otherwise dispose or encumber any Cable One -owned equipment provided to Customer, nor shall it change the location of, tamper with, damage, mishandle or alter in any manner such equipment. Emergency 9.1-1 Services. Customer expressly acknowledges that the Phone Service has a limited power source and that, under certain circumstances, including if the electrical power and/or Cable One's cable network or facilities are not operating, the Phone Service, including the ability to access emergency 9-1.1 services, will not be available. Customer expressly acknowledges that the address associated with Customer's Phone Service is the location where service will be provided and will be designated as the Registered Location for the Phone Service and for 9-1.1 locating purposes. Any transfer of Phone Service to a new location is prohibited without Cable One authorization and may result in the inability of the 9-1-1 service to locate Customer in an emergency. Copyrighted Materials and the Digital Millennium Copyright Act. Customer shall hold Cable One harmless for any improper use of copyrighted materials accessed through Cable One's Internet Service. Cable One bears no responsibility for, and Customer agrees to assume all risks regarding, the alteration, falsification, misrepresentation, reproduction, or distribution of copyrighted materials without the proper permission of the copyright owner. If Cable One receives notice under the 0 Document Integrity Verified EchoSign Transaction Number: XJWM21J24552BX2 Digital Millennium Copyright Act, 17 U.S.C. § 512, that Customer has allegedly infringed the intellectual property rights of a third party, under the Act Cable One Will have the right to take down or disable access to the allegedly infringing material. In appropriate circumstances, Cable One will terminate the accounts of a Customer who repeatedly infringes the intellectual property rights of third parties. Cable One also will take such other action as appropriate under the circumstances to preserve Its rights. Similar action will be taken on Customer's behalf if Customer believes that another Cable One customer has violated its copyrights. CHANNEL. SERVICE, PRICE, AND OTHER CHANGES Subject to applicable law, Cable One has the right to change at any time our channels, programming, services, and equipment, with or without notice and with or without adjustments or refunds to prices or charges. Such changes may include, but are not limited to, rearranging, deleting, adding to, or otherwise changing programming, features, offerings, content, functionality, hours of availability, customer equipment requirements, speed, and upstream and downstream rate limitations. We may also change our policies, prices, and charges with or without notice. Any notice may be provided through your monthly bill, annual notice, newspaper ad, our website, or email or other communication. Continuing to receive services after the change constitutes acceptance of the change. NOTE: Cable One video services are not included in our term length discounts. As market conditions change, Cable One reserves the right to adjust package prices. Music Performance Rights. Commercial cable TV subscribers should be aware that they may be subject to music performance license fees imposed by BMI, ASCAP and/or SESAC. Cable One is not responsible for a subscriber's liability for such fees and it is suggested that subscribers seek the advice of counsel. Limitation of Liability. CABLE ONE SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, Name: Tanya D. Dimak company: Justice of the Peace, Pct. 3 Date: Feb 23, 2015 INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CABLE ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING DIRECTLY OR INDIRECTLY FROM ANY MATTER RELATING TO CABLE ONE'S EQUIPMENT, SERVICE OR INABILITY TO ACCESS SERVICE. Termination. Either party may terminate the agreement(s) if the other party fails to perform any of its obligations, does not cure such breach within thirty (30) days after written notice, or if the other party becomes insolvent or bankrupt. In addition, upon Customer's breach or unauthorized early termination, Cable One may apply an early termination fee that will differ depending upon the affected service. Privacy. Personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in the Privacy Notice located in the Legal Section of Cable One's website at www.cabieone.net. Based on its provision of Phone services, Cable One develops information about the quantity, technical configuration, type, destination, amount of Phone Services Customer uses, and other information found on Customer's bill, all of which are summarily identified as Customer Proprietary Network Information ("CPNI'). Under federal law, Customer has a right, and Cable One has a duty, to protect the confidentiality of CPNI. We will not use CPNI to market telecommunications services to you that are outside of the type of service to which you currently subscribe without your prior consent, and we do not share CPNI with affiliates or third parties for their use in marketing their services to you. If we plan to market telecommunications services outside of the type of services to which you already subscribe, we will notify you at that time and provide you with the opportunity to opt -out of the use of your CPNI for such campaign. 0 Document Integrity Verified Echoeign Transaction Number: XJWM21J24552BX2 CABLE ONE BUSINESS HIGH SPEED INTERNET SERVICE AGREEMENT THE PARTIES AGREE AS FOLLOWS: SECTION 1: DATA SERVICES During the term of this Agreement, Cable One shall provide the high speed Internet service ("Data Service") indicated by Subscriber on the work order to the locations set forth in Appendix A (Premises) and fully described therein. SECTION 2: ENGINEERING BE VIEW Activation of Data Service is subject to Cable One's engineering review for distribution availability by existing cable plant as well as review of other external factors and may require additional fees. In the event Cable One determines that Data Service is not available to the Premises of Subscriber, this Agreement shall be void, and Subscriber shall be entitled to a refund of all prepaid charges in accordance with Cable One's refund policies. SECTION 3: INSTALLATION & MAINTENANCE OF CABLE ONE EQUIPMENT Subscriber hereby grants to Cable One (subject to any necessary governmental or third party approvals) the right to install all necessary equipment for receiving Data Service. Subscriber, at no cost to Cable One, shall secure throughout the term of service from building owners, managers, government authorities or any other parties any easements, leases, licenses, right of entry agreements or any other agreements necessary to allow Cable One to use existing pathways into and in each Building. Cable One -owned equipment provided to Subscriber hereunder shall be maintained by Cable One in good operating condition. Such maintenance obligation is contingent upon Subscriber notifying Cable One, in a timely manner, when repair or maintenance is necessary. Except for Cable One's maintenance obligations as set forth herein, Subscriber shall indemnify Cable One and hold it harmless from and against any and all losses, claims and expenses relating to the equipment provided hereunder to Subscriber, including without limitation, losses caused by accident, fire, theft or misuse of equipment. Subscriber shall provide Cable One with reasonable access to the Premises during normal hours for purposes of performing required maintenance. Cable One shall retain ownership of all equipment provided hereunder, including all data transmission equipment, drop and fiber optic material required to provide Service to the business. Subscriber shall not, directly or indirectly, sell, mortgage, pledge, or otherwise dispose or encumber any Cable One -owned equipment provided to Subscriber, nor shall it change the location of, tamper with, damage, mishandle or alter in any manner such equipment. Subscriber also shall not relocate Cable One -owned equipment within its Premises. In addition, if Subscriber decides to move Premises, Subscriber shall notify Cable One of its move. Cable One will relocate the Cable One -owned equipment for Subscriber within Subscriber's Premises or, in accordance with Section 4, to another Premises; Subscriber acknowledges that it may incur additional charges for such relocation. Subscriber shall, upon the expiration or earlier termination of this Agreement, promptly return to Cable One all of such equipment in good condition (or pay the full replacement value therefore). If services are no longer provided to the Subscriber's Premises, Subscriber shall provide Cable One with reasonable access to such Premises for purpose of removing any Cable One -owned equipment. Cable One shall have no obligation to install, operate or maintain subscriber provided facilities or equipment. SECTION 4: USE OF DATA SERVICE AND EQUIPMENT Subscriber's use of the Data Service and equipment is subject to adherence to all relevant laws and Cable One's acceptable use policy where applicable. Subscriber shall not use the Data Service or equipment to directly or indirectly: (a) invade another person's privacy, unlawfully use, possess, post, transmit or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate content that is unlawful, threatening, abusive, libelous, slanderous, defamatory, materially false, inaccurate or misleading or otherwise offensive or objectionable; unlawfully promote or incite hatred; or post, transmit or disseminate objectionable information, including, without limitation, any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order, rule, regulation for policy or any network accessed using the Service; Cable One Business Services Document Integrity Verified EchoSiga Transaction Number: XJWM2iJ24552BX2 (b) access any computer, software, data, or any confidential, copyright protected or patent protected material of any other person or entity, without the knowledge and consent of such person or entity, nor use any tools designed to facilitate such access; (c) collect a listing or directory of Cable One subscribers, or if any such directory is made available, use, copy or provide to any person or entity (whether or not for a fee) such directory or any portion thereof; (d) upload, post, publish; deface, modify, transmit, reproduce, or distribute in any way, information, software or other material obtained through Cable One that is protected by copyright, or other proprietary right, or related derivative works, without obtaining permission of the copyright owner or right holder; or otherwise violate the rights of any person or entity, including the misuse, misappropriation or other violation of any intellectual property of any person or entity; (e) alter, modify or tamper with the equipment or any feature of the Data Service, including, without limitation, attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use the equipment for any purpose other than as expressly permitted; (f) restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Data Service or the Internet generally or create an unusually large burden on Cable One's network, including, without limitation: posting or transmitting any information or software that contains a virus, lock, key, bomb, worm, Trojan horse or other harmful or debilitating feature, distributing mass or unsolicited messages, chain letters, surveys, third party advertising or promotional materials, commercial solicitations (i.e., spam) or mass chat room or bulletin board posts, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information; (g) interfere with computer networking, cable or telecommunications services to or from any Internet user, host or network, including but not limited to denial of service attacks, overloading a service, improper seizure and abuse of operator privileges ("hacking") or attempting to "crash" a host; or (h) falsely assume the identity of any other individual or entity, including, without limitation an employee or agent of Cable One, for any purpose, including, without limitation, accessing or attempting to access any account for which Subscriber is not an authorized user. (i) resell or share any portion of this Data Service to a third party. In addition to our termination rights set out elsewhere in this Agreement and otherwise available at law, Cable One may suspend service or terminate this Agreement if Subscriber engages in one or more of the above prohibited activities. Additionally, Cable One reserves the right to charge Subscriber for any direct or indirect costs incurred by Cable One or its affiliates in connection with Subscriber's breach of any provision of this Agreement, including costs incurred to enforce Subscriber's compliance with it. SECTION 5: CONTENT ACCESSED AND PURCHASES MADE THROUGH CABLE ONE Subscriber acknowledges and agrees that there is some content accessible through the Data Service and the Internet that may be offensive, or that may not be in compliance with applicable law. For example, it is possible to obtain access to content that is pornographic, obscene, or otherwise inappropriate or offensive, particularly for children. Cable One does not assume any responsibility for or exercise any control over the content accessible through the Data Service. Subscriber accesses and uses all content obtained through the Data Service at Subscriber's own risk, and Cable One will not be liable for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to Subscriber's access to or use of such content. In addition, Cable One shall not be responsible for any of Subscriber's purchases or charges on the Internet. SECTION 6: COPYRIGHTED MATERIALS Subscriber shall hold Cable One harmless for any improper use of copyrighted materials accessed through Cable One's Data Service. Cable One bears no responsibility for, and Subscriber agrees to assume all risks regarding, the alteration, falsification, misrepresentation, reproduction, or distribution of copyrighted materials without the proper permission of the copyright owner. If Cable One receives notice under the Digital Millennium Copyright Act, 17 U.S.C. § 512, that Subscriber has allegedly infringed the intellectual property rights of a third party, under the Act Cable One will have the right to take down or disable access to the allegedly infringing material. In appropriate circumstances, Cable One will terminate the accounts of subscribers who repeatedly infringe the intellectual property rightsofthird parties. Cable One also will take such other action as appropriate under the circumstances to preserve its rights. SECTION 7: SUBSCRIBER'S RESPONSIBILITY FOR SECURITY Cable One Business Services Integrity Verified EchoSign Transaction Number. XJWM21J24552BX2 Cable One uses resources that are shared with many other subscribers. Moreover, Cable One provides access to the Internet, a public network, which is used by millions of other users. Information (personal and otherwise) transmitted over such public network necessarily may be subject to interception, eavesdropping or misappropriation by unauthorized parties. Subscriber shall be solely responsible for taking the necessary precautions to protect itself and its equipment, files and data against any risks inherent in the use of this shared resource. Cable One will not be liable for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to Subscriber's failure to take appropriate security measures. SECTION 8: RIGHT TO MONITOR AND DISCLOSE CONTENT Cable One has no obligation to monitor content provided through the Data Service. However, Subscriber agrees that Cable One has the right to monitor content electronically from time to time and to disclose any information as necessary to: (a) conform to the edicts of the law or comply with legal process served on Cable One, (b) protect and defend the rights or property of Cable One, its Data Service or the users of the Data Service, whether or not required to do so by law, or (e) protect the personal safety of users of Cable One's Data Service or the public. We reserve the right to either refuse to post or to remove any information or materials, in whole or in part, that we decide are unacceptable, undesirable, or in violation of this Agreement. SECTION 9: SUBSCRIBER PASSWORDS Subscriber is responsible for all use of Subscriber's account(s) and for maintaining the confidentiality of passwords. Subscriber shall immediately notify Cable One about: (i) any loss or theft of Subscriber's password, or (ii) any unauthorized use of Subscriber's password or of the Service. If any unauthorized person obtains access to the Service as a result of any act or omission by Subscriber, Subscriber shall use best efforts to ascertain the source and manner of the unauthorized acquisition. Subscriber shall additionally cooperate and assist in any investigation relating to any such unauthorized access. SECTION10: SUBSCRIBER PRIVACY Cable One is committed to protecting the privacy of Subscriber's personal information. Cable One's privacy policy regarding the collection, use and disclosure of personal information is posted on Cable One's website (www.cableone.net). Subscriber acknowledges that he or she has read and accepted the terms and conditions of such statement. SECTION 11: ASSIGNMENT Subscriber shall not assign its rights or delegate its duties under this Agreement without the prior written consent of Cable One, which consent shall not be unreasonably withheld. Any assignment of this Agreement by Subscriber without Cable One's written consent shall be void and shall, at the Cable One's option, constitute a breach hereof by Subscriber. In the event Subscriber is a business entity and ceases to do business at the Premises, Subscriber shall return to Cable One all Cable One -owned equipment installed at the Premises; such cessation shall not; however, reduce Subscriber's payment obligations hereunder unless Cable One otherwise agrees in writing. This Agreement shall be fully assignable by Cable One. Subject to the foregoing, this Agreement shall be binding upon and shall insure to benefit of the parties and their respective successors, representatives and assigns. SECTION 12: TERMINATION BY CABLE ONE If Subscriber fails to perform any of its obligations hereunder, does not cure such breach within thirty (30) days after written notice thereof from Cable One, or if Subscriber becomes insolvent or bankrupt, Cable One, in addition to all other rights it may have under law or its Agreement, shall have the right (i) to declare all amounts to be paid by Subscriber during the remaining term hereof immediately due and payable, (ii) to cease providing services to Subscriber, and (iii) immediately to enter the Premises and take possession of all Cable One -owned equipment without liability to Subscriber therefore and without relieving Subscriber of its obligations under this Agreement. Subscriber shall reimburse Cable One for all costs and expenses, including reasonable attorney's fees and court costs, incurred in connection with Cable One's exercise of its rights under this Agreement. Cable One may, in its sole discretion, immediately terminate this Agreement in the event that it is unable to provide service due to any law, rule, regulation, Force Majeure event, or judgment of any court or government agency. In the event Cable One is declared to be a common carrier by a law, rule, regulation, or judgment of any court or government agency, Cable One may terminate this Agreement. SECTION 13: TERMINATION BY SUBSCRIBER If Cable One fails to perform any of its obligations hereunder, does not cure such breach within thirty (30) days after written notice thereof from Subscriber, or if Cable One becomes insolvent or bankrupt, Subscriber, in addition to all other rights it may have under law or its Agreement, shall have the right to terminate this Agreement without penalty and Cable One Business Services 6 Document Integrity Verified EchoSign Transaction Number. XJWM2lJ24552BX2 will only be responsible for any fees it incurs prior to cessation of service. If Subscriber exercises its termination right, Cable One shall remove all Cable One -owned equipment without cost or fee to Subscriber. Should Subscriber engage in early termination of the Agreement but without the justification of a Cable One breach, Subscriber will be required to pay an early termination penalty consisting of 60% of the monthly fees for the remaining period of the term. SECTION 14: DATA SERVICE AND EQUIPMENT ARE PROVIDED "AS IS" (a) CABLE ONE'S DATA SERVICE AND EQUIPMENT ARE PROVIDED "AS IS", "AS AVAILABLE" WITHOUTWARRANTIES OR CONDITIONS OF ANY KIND. CABLE ONE DOES NOT WARRANT THAT SUBSCRIBER'S USE OF THE DATA SERVICE WILL BE UNINTERRUPTED OR ERROR -FREE, BUG -FREE OR VIRUS -FREE. IN ADDITION, CABLE ONE DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO SUBSCRIBER WILL BE TRANSMITTED IN A SECURE OR UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. IN THE EVENT THAT SUBSCRIBER'S BUSINESS REQUIRES CONTINUOUS AND UNINTERRUPTED SERVICE, SUBSCRIBER MAY WISH TO OBTAIN A SECONDARY SERVICE FROM AN ALTERNATE PROVIDER. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED. (b) CABLE ONE'S LIABILITY FOR MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OUTAGES, OR DEFECTS IN TRANSMISSION OR SWITCHING OF ANY SERVICE (INDIVIDUALLY OR COLLECTIVELY), EXCLUDING ANY INSTANCE CAUSED BY FORCE MAJEURE EVENTS OR SUBSCRIBER ACTIONS, OMISSION OR EQUIPMENT, SHALL BE LIMITED SOLELY TO A CREDIT OF 1/30Tn OF THE MONTHLY RECURRING CHARGE, FOR THE AFFECTED PORTION OF THE SERVICE, FOR ONE OR MORE INSTANCES OF AT LEAST FOUR (4) HOURS IN DURATION IN ANY 24-HOUR PERIOD THAT IS NOT COINCIDENT WITH ANY OTHER INSTANCE, PROVIDED THAT THE INSTANCE IS REPORTED BY SUBSCRIBER WITHIN 24 HOURS. SECTION 15: LIMITATION OF LIABILITY UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, CABLE ONE SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CABLE ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING DIRECTLY OR INDIRECTLY FROM: (A) THE USE OR THE INABILITY TO USE THE DATA SERVICE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF SUBSCRIBER'S TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DATA SERVICE; OR (D) ANY OTHER MATTER RELATING TO CABLE ONE'S DATA SERVICE OR EQUIPMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. SECTION 16: INDEMNIFICATION Subscriber shall indemnify, defend, and hold Cable One, its subsidiaries, members, affiliates, officers, directors, employees, and agents harmless from any claim, demand, liability, expense, or damage, including costs and reasonable attorneys' fees, asserted by any third party relating to or arising out of Subscriber's use of or conduct on the Cable One Data Service. Cable One will notify Subscriber within a reasonable period of time about any claim for which Cable One seeks indemnification and will afford Subscriber the opportunity to participate in the defense of such claim, provided that Subscriber's participation will not be conducted in a manner prejudicial to Cable One's interests, as reasonably determined by Cable One. This Section shall survive termination of this Agreement. SECTION 17: NONDISCLOSURE - (a) Unless prior written consent is obtained from a Party hereto, the other Party will keep in strictest confidence all information identified by the first Party as confidential, or which, from the circumstances, in good faith and in good conscience, should be treated as confidential; provided that (a) the owner thereof has taken reasonable measures to keep such information secret; and (b) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by the public. Such information includes but is not limited to all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures programs, or Cable One Business services Inte.gritw Verified _ EchoSign Transaction Number: XJWM2lJ24552BX2 codes, whether tangible or intangible, and whether or not stored, complied, or memorialized physically, electronically, graphically, photographically, or in writing. A Party shall be excused from these nondisclosure provisions if the information has been, or is subsequently, made public by the disclosing Party, is independently developed by the other Party, if the disclosing party gives its express, prior written consent to the public disclosure of the information, or if the disclosure is required by any law or governmental or quasi -government rule or regulation. (b) If either Party is compelled to disclose confidential information through lawful process injudicial or administrative proceedings, such Party will give the other Party the opportunity, in advance of such disclosure, to seek suitable protective arrangements and will fully cooperate with the other Party in that regard before the confidential information is disclosed. (c) Each Party agrees that violation of this section 17 would result in irreparable injury and the injured Party shall be entitled to seek equitable relief, including injunctive relief and specific performance in the event of any breach hereof. SECTION 18: MISCELLANEOUS: a. This Agreement is governed by the laws of the State of Arizona. Subscriber hereby consents to the exclusive jurisdiction and venue of courts in Maricopa County, AZ in all disputes arising out of or relating to this Agreement and/or use of the Data Service and/or Cable One -owned equipment. b. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, conversations, representations, promises of warranties (express or implied) whether verbal or written. No modification of this Agreement shall be valid unless made in writing and signed by both parties. The waiver of a breach of any provision of this Agreement shall not be construed as waiver of any subsequent breach of the same or a different provision of this Agreement. d. If any clause or provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, then, and in the event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby. As indicated by the signature below, party agrees to and accept the terms of this Agreement as of the day and year stated above. SUBSCRIBER: By: Printed Name: Tanya D. Dimak itle: Address: hone:361-987-2661 Cable One Business SeMces Integrity Verified EchoSign Transedlen Number: XJWM2lJ24552BX2 CONSIDER AND TAKE NECESSARY ACTION ON APPOINTMENTS/REAPPOINTMENTS TO THE MMC BOARD OF TRUSTEES: Judge Pfeifer stated he received three letters requesting to be reappointed, one from Mr. Reyes, Mr. Wu and Mr. D.J. Williams. Commissioner Finster made a motion to reappoint Mr. Reyes, Mr. Wu and Mr. Williams to the MMC Board of Trustees. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. N N N N N N N N N W H � N C b •a b a y� ��C�6aa ��a �C�dI �pC�ad� a w F U a O r N N M N N M N H kn H laa kn � � k 7 kn kn O is O O }+ Fa U U b U cl cd Q � �l U Rt r� � C�91 C'Cl i Catll C'tl /G-, P' U R4 Q 11 PI 11 1"4 11 19 en M N � eV0 V1 Or x Q O M O ® N N Pa N CA Pr N �~-1 M "0 00 m U' March 5, 2015 The Honorable Michael Pfeifer Calhoun County Judge 211 South Ann Port Lavaca, TX 77979 Dear Judge Pfeifer, Please accept this letter as formal notification of my willingness to continue as a member of the Board of Managers of Memorial Medical Center for an additional term. Sincerely, Rolando Reyes Memorial Medical Center Board of Managers cc; Commissioners March 5, 2015 The Honorable Michael Pfeifer Calhoun County Judge 211 South Ann Port Lavaca, TX 77979 Dear Judge Pfeifer, Please accept this letter as formal notification of my willingness to continue as a member of the Board of Managers of Memorial Medical Center for an additional term. Sincerely, D.J. Williams Memorial Medical Center Board of Managers cc: Commissioners The Honorable Judge Michael Pfeifer 211 South Ann, Suite 301 Port Lavaca, TX 77979 March 05, 2015 RE: Reappointment to Memorial Medical Center Board of Managers Honorable Judge Pfeifer, As you know, my term of service on the Memorial Medical Center Board of Managers expires at the end of March, 2015. 1 would sincerely appreciate your consideration of my request for reappointment to the Board. Jack Wu Vice -President of Business Development Formosa Plastics Corp. Texas CONSIDER AND TAKE NECESSARY ACTION ON AGREEMENT BETWEEN CHASE PAYMENTECH AND THE CALHOUN COUNTY CLERK'S OFFICE AND AUTHORIZE COUNTY JUDGE TO SIGN: Judge Pfeifer stated this is the authorization for the County Clerk's office to accept credit cards. Commissioner Finster made a motion authorizing the County Judge to sign the agreement between Chase Paymentech and the Calhoun County Clerk's office. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Commissioner Fritsch made a motion to amend the wording of agenda item #9 to read "Consider and take necessary action on agreement between Tyler Technologies and the Calhoun County Clerk's office and authorize County Judge to sign." Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. a technologies Court Payment Card Processing Participation Agreement This Payment Card Processing Participation Agreement ("Processing Agreement") is made and entered into by and between Tyler Technologies, Inc., a Delaware corporation ("Tyler'), and (the "Court"). WHEREAS, Tyler and the Texas Office of Court Administration ("OCA") have entered into a certain Electronic Filing Agreement dated November 8, 2012 (the "eFile Agreement") whereby Tyler has made available to Court Tyler's electronic filing system; and WHEREAS, through the said electronic filing system, certain Registered Users may submit payment for statutory courts costs and fees through the eFile System provided Court is enrolled in a Court Payment Card Processing Participation Agreement; and WHEREAS, Tyler has contracted with a national banking association ("Member"), a payment processer ("Processor"), and others, to provide services under this Processing Agreement; and WHEREAS, Member is a member of several Associations, including but not limited to Visa and MasterCard; and WHEREAS, through Member, Tyler is authorized to process the Card Transactions listed on Schedule 1; and WHEREAS, Tyler shall submit Transactions on behalf of Court in accordance with Association Rules. NOW, THEREFORE, in consideration of the mutual promises made and the mutual benefits to be derived from this Processing Agreement, Tyler and Court agree as follows: A. Tyler shall furnish the services described in this Processing Agreement. B. This Processing Agreement consists of this cover and signature page and the following attachments and exhibits attached hereto and to be attached throughout the Term of this Processing Agreement, all of which are incorporated by reference herein: • Merchant Payment Card Processing Agreement Terms and Conditions • Schedule 1. — Merchant Payment Card Processing Fees IN WITNESS WHEREOF, this Processing Agreement has been executed by a duly authorized officer of each party hereto to be effective as of the date last set forth below (the "Effective Date"): TYLER TECHNOLOGIES, INC. By: Name: Title: Date: Court: f By Name: Michael J. fe'fer Title: County Judge Date: March 12, 2015 Payment Card Processing Agreement— Page 1 ®® ®® technologies Court Payment Card Processing Participation Agreement This Payment Card Processing Participation Agreement ("Processing Agreement') is made and entered into by and between Tyler Technologies, Inc., a Delaware corporation ("Tyler'), and (the "Court"). WHEREAS, Tyler and the Texas Office of Court Administration ("OCK) have entered into a certain Electronic Filing Agreement dated November 8, 2012 (the 'eFile Agreement") whereby Tyler has made available to Court Tyler's electronic filing system; and WHEREAS, through the said electronic filing system, certain Registered Users may submit payment for statutory courts costs and fees through the eFile System provided Court is enrolled in a Court Payment Card Processing Participation Agreement; and WHEREAS, Tyler has contracted with a national banking association ("Member"), a payment processer ("Processor'), and others, to provide services under this Processing Agreement; and WHEREAS, Member is a member of several Associations, including but not limited to Visa and MasterCard; and WHEREAS, through Member, Tyler is authorized to process the Card Transactions listed on Schedule 1; and WHEREAS, Tyler shall submit Transactions on behalf of Court in accordance with Association Rules. NOW, THEREFORE, in consideration of the mutual promises made and the mutual benefits to be derived from this Processing Agreement, Tyler and Court agree as follows: A. Tyler shall furnish the services described in this Processing Agreement. B. This Processing Agreement consists of this cover and signature page and the following attachments and exhibits attached hereto and to be attached throughout the Term of this Processing Agreement, all of which are incorporated by reference herein: Merchant Payment Card Processing Agreement Terms and Conditions Schedule 1. — Merchant Payment Card Processing Fees IN WITNESS WHEREOF, this Processing Agreement has been executed by a duly authorized officer of each party hereto to be effective as of the date last set forth below (the "Effective Date"): TYLER TECHNOLOGIES, INC. Court: By: By: Name: Name: Title: Title: Data. Date: Payment Card Processing Agreement— Page t CONSIDER AND TAKE NECESSARY ACTION ON REQUEST BY CALHOUN COUNTY CLERK TO CHARGE A $2.00 FEE FOR ELECTRONIC FILING (E-FILING) AS PER SEC. 72.031 OF THE GOVERNMENT CODE CHAPTER 72 OFFICE OF COURT ADMINISTRATION: Commissioner Lyssy made a motion to approve the County Clerk to charge a $2.00 fee for electronic filing (e- filing) as per Sec. 72.031 of the Government Code Chapter 72 Office of Court Administration. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. KARINA MENCHACA DEPUTY k.` gIj 3, = h DESIREE GARZA, DEPUTY AMANDA RODRIGUEZ, DEPUTY FARLEIGH SUTTON, DEPUTY JOSIE SAMPSON, DEPUTY ANNA M. GOODMAN COUNTY CLERK 211 S. ANN STREET, PORT LAVACA, TX 77979 (361)553-4411 March 5, 2015 Hon. Mike Pfeifer Calhoun County Judge Calhoun County Commissioners' Court RE: $2 Electronic Filing File for E-filing Please allow us (Calhoun County Clerk's Office) to charge a $2 fee per Sec. 72.031 of the Government Code Chapter 72 Office of Court Administration. Respectfully, Anna M Goodman Calhoun County Clerk U:\Agoodman\AGENDA ITEMS\Agenda Item.031215.TX EFILE $2 Cost Recovery Fee.DocPage 1 315010 GOVERNMENT CODE CHAPTER 72.OFFICE OF COURTADMINISTRATION Sec. 72.031. For expiration of Subsections (c) and (c-1), see Subsection (c-1). Sec. 72.031. ELECTRONIC FILING SYSTEM. (a) In this section: (1) "Appellate court" means the supreme court, the court of criminal appeals, or a court of appeals. (2) "Electronic filing system" means the filing system established by supreme court rule or order for the electronic filing of documents in courts of this state. (3) "Electronic filing transaction" means the simultaneous electronic filing of one or more documents related to a proceeding before a court in this state. (4) "Local government" means a county or municipality. (b) The office as authorized by supreme court rule or order may implement an electronic filing system for use in the courts of this stater` (} A local government qr, appellate court that uses the electronic filing system :may.charge a fee of $2 foreach electronic filing transaction if (1) the fee is necessary to recover the actual system operating costs reasonably incurred by the local government or appellate court to: (A) accept electronic payment methods; or (B) interface with other technology information systems; (2) the fee does not include an amount to recover local government or appellate court employee costs, other than costs for directly maintaining the system; (3) the governing body of the local government or the appellate court approves the fee using the local government or appellate court's standard approval process for fee increases; and (4) the local government or appellate court annually certifies to the office on a form prescribed by the office that the amount of the fee is necessary to recover the actual system operating costs incurred by the local government or appellate court. (c-1) This subsection and Subsection (c) expire September 1, 2019. (d) A local government or appellate court that uses the dataleXWftliotwset-Ld-8,%9Cpre°YoZNMI%Mspwe°h3D%22pteserve%22'1. style%3D%22Wtita-apace%3A'Yo20pte-Wrap°A38%20WaGWraP%3A%28br... 112 31WGIS GOVERNMENT CODE CHAPTER 72. OFFICE OF COURT ADMINISTRATION electronic filing system may accept electronic payment methods, including payments made with credit and debit cards. (e) A governmental entity not otherwise required to pay a filing fee under any other law may not be required to pay a fee established under this section. (f) A court shall waive payment of any fee due under this section for an individual the court determines is indigent. Added by Acts 2013, 83rd Leg., R.S., Ch. 1290 (H.S. 2302), Sec. 3, eff. September 1, 2013, daWftcftitml;dha r&uU.B,%3Cpre952MmI%3AspwdOA3D%22prmave%22%20style%3D°h?2vhltsspaWIM%20pre-wrap°h38o/.WNud�wrap%3A%20br... W t`e's ., Office of Court Administration g Certification of Cost Recovery Fee for E-Filing 121 PORT IS DUE ANNUALLX 30 days following the last day of tlic county fiscal year County: Website Address: Title: This is the address where the counlymaintains contact and other information for the courts. Phone Include the beginning and ending months of the fiscal year being reported, e.g. 2013 (Oct 2012- Sept 2013) Certification for Fiscal Year: Select FY Select Months In accordance with the. authority set forth in Subchapter C, Chapter 72, Government Code, Section 72.031, the County will collect a fee of $2 for each electronic filing transaction to recover the actual system operating costs incurred by the County to accept electronic payment methods or interface with other technology information systems related to eFiling of court documents, �"'�.. T`'' J�, yi" 3'L'" -^L c'F�+G. r' ��' .3�-✓ �=�i .�` `� �.,.` a�.n 4 ��,t" �_� t Actual dollar amount of fees collected Actual dollar amount expended under Government Code, Sec. 72.031(c)(1) Fees Collected Less Amounts Expended Projected expenditures for next fiscal year Place a check marls by the following statements to indicate the Bounty's compliance with the following provisions of Govt Code, See. 7203l: ®The fee does not include amounts to recover employee costs, other than costs for directly maintaining the system. ®The County Commissioners Court has approved the fee using the county's standard approval process for fee increases. Rev. 8/13 Office of Court Administration MLCertification of Cost Recovery Fee for E-Filing Ufyq A{Nl�� R.) PORT .iS DUE ANIN IY 30 days following the last day of the county fiscal year Actual dollar amount expended under The Fiscal Year Total is the total dollar amount of expenditures made by the county for actual Government Code, Sec. 72.03 1 (c)(1): system operating costs, as authorized by Govt Code, Sec. 72.031(c)(1) during the certification year. The Cumulative Total is the "Fiscal Year Total" plus any expenditures made in prior fiscal years. In the 2013 certification year, the cumulative total may be greater than the Fiscal Year Total if the county expended fiords prior to the beginning of the 2013 certification year in anticipation of the new eFiling system implementation. Fees Collected Less Amorists Expended: Both the Fiscal Year Total and the Cumulative Total are calculated by taking the difference between the Actual dollar amount of fees collected and the Actual dollar amount expended under Government Code, See, 72.03l(c)(1), If expenditures are more than fees collected, this will be a negative number and should be shown in parentheses, e.g., ($5,000). Projected expenditures for next fiscal year The Fiscal Year Total is the total amount the county projects it will spend in the next full county fiscal year for system operating costs, as authorized by Govt Code, Sec. 72.031(c)(1). This amount should be the county's best estimate based on available data. Place a check mark by the statements at the end of the form to indicate the county's compliance with the stated provisions of Govt Code, Sec. 72.031. Please email this form to: efilinefee rr txeourts.gov. For assistance with completing this form, email efilinafee tAtxcourts.eov or call OCA at 512-463-1625. Rev. 8/13 CONSIDER AND TAKE NECESSARY ACTION ON INCREASE OF INDIGENT DEFENSE LAWYER RATES FROM $50 TO $60 PER HOUR: Commissioner Galvan made a motion to increase Indigent Defense Lawyer rates from $50 to $60 per hour. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Pam Hartgrove <pam.hartgrove@calhouncotx.org> Sent: Monday, March 09, 2015 7:28 AM To: 'Susan Riley' Subject: indigent defense attorney fees/increase Good Morning, I am sending a request for approval of increase on indigent defense attorneys fees, from $50.00 to $60.00 an hour. I appreciate your help. Thanks ,Pam Attorney Fee Voucher for Calhoun County Vendor No: 1. Jurisdiction: C3 District C3 24th C3 135" O 267t' ® No Charges Filed 2. County: 1 3. Style: C3 Calhoun I Cause 4a. Flat Fee — Court Appointed Services: ® No Charges Filed -----------------$ 60.00 C3 Felony ------------------------------$ 300.00 ® Felony (Adj./Rev.)-----------------$ 240.00 E3 Misdemeanor (Adj./Rev.)-------$ 200.00 ID Juvenile ----------------------------- $ 200.00 O Multiple Case------------------------$60.00 C3 Felony Appeal---------------------$1250.00 M Misdemeanor/Juvenile Appeal $750.00 M Mental / Other----------------------$200 00 E3 Criminal: The State of Texas vs. Calhoun County Account 0 Civil: Vs. 4b. Hourly Fee (complete if not claiming flat fee —detail service, time spent & dates on separate paper): Total Hours in Court: Total Hours Out of Court: TOTAL HOURS: S. I Investigation Expenses (attach supporting documentation): Amount Claimed 6. I Expert Witness Expenses (attach supporting documentation): S Amount Claimed 9 7. 1 Other Litigation Expenses (detail): I Amount Claimed # 430-60050-024 9. Court -Approved Fees & Expenses (Court computes): Court - Approved Fee:$ Court - Approved Investigation Expenses: $ Court — Approved Expert Witness Expenses: $ Court - Approved Other Litigation Expenses: $ Total Amount Approved By Court: $ IT IS ORDERED that the above approved amount be paid. Signed the day of 2015. EJ Final Payment M Partial Payment 8. Attorney Certification — I, the undersigned attorney, certify that the above information is true and correct and in accordance with the laws of the State of Texas. The compensation and expenses claimed were reasonable and necessary to provide effective assistance of counsel. The county auditor has been provided my current address & TIN on IRS form W-9. Signature Print Name Contact Phone # Reason(s) for denial or variation, if any: Date Street or P.O. Box State Bar # City State Zip Code PO # Judge Presiding CONSIDER AND TAKE NECESSARY ACTION TO AWARD CONTRACT FOR WASTE HAULING SERVICES FOR CALHOUN COUNTY WASTE MANAGEMENT DEPARTMENT AND AUTHORIZE COMMISSIONER LYSSY TO SIGN CONTRACT EFFECTIVE APRIL 1, 2015: Patricia Kalisek, Solid Waste Coordinator, addressed the Court stating there were two proposals, one from Republic Services and one from Waste Management. She stated she is currently using Waste Management however, based on the proposed rates, Republic is a little cheaper. She explained she currently uses Republic for recycling services and has had no issues. She stated they have offered two different options; one offers the rate per haul plus the environmental and fuel costs which would increase the bill from $500 to $600. The second option is $200 per haul with no fee and she believes this would be the better option based on the fact that the percentage will fluctuate. A representative from Waste Management spoke and said their rates would fluctuate, depending on the cost per gallon of diesel. Ms. Kalisek said she used the figures from her January hauls and the fee would have been $590.65 plus the administrative fee of $3.60 with Republic. The fee has gone down to 27% based on 30.61% in January. In January, the haul fee with Waste Management would have been $700 (4 boxes at $175); disposal fee of $44.84, $1096.34, 1 metal box went to the scrap yard at $175.00 for a total of $1,971.34 plus the fees. Judge Pfeifer asked Ms. Kalisek which company would have saved the County the most money, based on the January numbers. Ms. Kalisek responded Republic and stated she wants to go with the $200 per haul fee with no administrative and fuel costs with Republic. She stated in January there would have been a savings of approximately $500 on that one invoice. Ms. Kalisek stated the contract is for three years. The Waste Management representative stated their proposals also include options for a one and two year contract. She stated her company has more drivers and more flexibility. Ms. Kalisek stated she has had numerous issues with Waste Management such as being carried over to another day, leaving her with no empty containers through a weekend, no drivers available. Commissioner Lyssy stated he had a discussion with Waste Management approximately one year ago. The representative responded they have improved on service issues since she took over the account in March and stated the Calhoun County landfill has been one of her priorities. Commissioner Lyssy asked Ms. Kalisek for her recommendation to the Court. Ms. Kalisek said she would recommend the $200 per haul with no fees from Republic Services. Commissioner Lyssy made a motion to award the contract for waste hauling services for Calhoun County Waste Management to Republic Services for $200 per haul with no fees effective April 1, 2015. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Patricia K <sugsplk57@yahoo.com> Sent: Friday, February 27, 2015 1:59 PM To: susan.riley@calhouncotx.org Subject: agenda item I have an agenda item that will need to be on the March 12 court date. Discuss and take necessary action to award a contract for waste hauling services for Calhoun County Waste Management department. Authorize Commissioner Vern Lyssy to sign the contract effective April 1, 2015. Thank you. Patricia Kalisek 1 U b u y % N K ~ 7 a M 9 O F N c C lk II to L m y N _� D N il U U @ C U U L <0 — N N a ti 8 ti Ed o a ro a O, N N a., 'v - w t° �, °) '� 'c .` IIJ m > w E E E a ro �= a m D in N m ED Edo N4 .<o a. m ti °' o. 4 o N yo N 4 N U C N p z C a r N- N O M Q C m N 'n Ed toN itl N <0 a U O O ns 0) p, IG N O L V m -A to E . 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Customer grants to Company the right to collect and dispose of all of Customer's non -hazardous solid waste materials (including reeyclables) (collectively, "Waste Materials"), and Company agrees to furnish such services. Company agrees to respond to customer's inquiries regarding the services within 30 days of such inquiry. TERM. THE TERM OF THIS AGREEMENT SHALL START ON. THE DATE OF THIS AGREEMENT AND SHALL CONTINUE UNTIL THE EARLIER OF CUSTOMER GIVING WRITTEN NOTICE TO COMPANY OF THE FINAL- PULL UNDER THIS AGREEMENT OR 30 DAYS AFTER WRITTEN NOTICE TO COMPANY, COMPANY MAY TERMINATE THIS AGREEMENT AT ANY TIME BY ORAL OR WRITTEN NOTICE TO CUSTOMER. COMPANY SHALL REMOVE ALL EQUIPMENT PROVIDED TO CUSTOMER WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE TERMINATION OF SERVICES. WASTE MATERIALS, The Waste Materials shall not contain any hazardous materials, wastes or substances; toxic substances, wastes or pollutants; contaminants; pollutants; infectious wastes; medical wastes; or radioactive wastes (collectively, "Excluded Waste"), each as defined by applicable federal, state or local laws or regulations (collectively, "Applicable Laws'). Customer shall indomnify, defend and hold harmless Company from and against any and all claims, damages, suits, penalties, fines, remediatiorf costs, and liabilities (including court costs and reasonable attorneys'tees) ("collectively, "Losses") resulting from the inclusion of Excluded Waste in the Waste Materials. TITLE. Company shall acquire title to Waste Materials when they are loaded into Company's truck. Idle to and liability for any Excluded Waste shall remain with Customer and shall at no time pass to Company. The Terms and Conditions continue on the reverse side of this Page. FILE COPY CSA-3 (847) TEMP 3108 Feb 27 2015 2:29PM HP LASERJET FAX P.2 3V-S` q -Wq-7 VVe'l1, he it. am hem >:: � ) \ [; ! ) � ) t ){ >/ .!4 ; �( \ \ ) ® ! ) ) ' ; § § \ ~ }ƒ : $ :t Feb 27 2015 2:31PM HP LRSERJET FAX p.4 WASTE MANAGEMENT of Texas, INC. 1901 Afton Road Houston, TX T7055 (713) 819-5104 fax(87T)702-4214 Please feel free to contact me with any questions or comments that you may have, and I look forward to the opportunity of continuing to work with Calhoun County Landfill. Sincerely, Elsa Wright Manufacturing &. Industrial Major Accounts Manager Mobile: 713-829-5104 Fax:977-702.4214 ewrisht2gwm.com Waste Management 1901 Afton St. Houston, TX 77055 Proposal is valid up to 90 days after the date above Feb 27 2015 2:31PM HP LASERJET FAX P.5 WM Historical Fuel/Environmental Charge Percentages DOE WM Cdl . WMD'epm.l ODE WMCtll ao. WAf Ili.pmai Wrrkd A.,. SLrtkv N. 6urcku Y., emirmrosnbl Y. Wmkd A.,a 8.rrL. e% Surtha eYo E.W.opmenf.l% 20-IM-15 $ 2.93 13.66 5.94 11.00 124am15 $ 3A5 14.49 6.30 11.00 05-J=-15 $ 3.14 15.11 6.57 11.00 29-Dx 14 $ 3.21 15.59 6.78 11.00 22-Do 14 $ 3.28 16.08 6.99 I1.00 15-De 14 $ 3.42 17.04 7.41 11.00 08-De 14 $ 3.54 17.97 7.77 1 I.00 01-Dca14 $ 3,61 18.35 7.98 10.00 24-Nov-14 $ 3.63 18.49 8.04 10.00 17-Nov-14 $ 3.66 18.70 8.13 10.00 10-Nov-14 $ 3.68 18.94 8.19 10,00 03-Nov-14 $ 3.62 18.42 8.01 10.00 27-Oe1.14 $ 3.64 18.56 8.07 10.00 20.Oct-14 $ 3.66 18.70 8.13 10.00 14-Oa-14 $ 3.70 18.98 8.25 10.00 06-Oc144 $3.73 19.18 8.34 10.00 29-Sep-14 $ 3,76 1939 8.43 MOD 22-Sep14 $3.78 19.53 8.49 10.00 17-Sep-14 $ 3.80 19.67 8.55 LO-00 08-Sep14 $3.81 19.73 &58 10.00 02Sep44 $ 3.91 19.73 9.58 10.00 25-Aug-14 $3.82 19.80 8.61 10.00 18-Aug-14 $3,94 19.94 8.67 MOD II-Aug-14 $3.84 19.94 8.67 10.OD 04-Aug.14 $ 3.85 20.01 8.70 10.00 28.3u1.14 $3.86 20.08 8.73 10.00 21-Jut-14 $ 3.87 20.15 8.76 IO.OD 14aul-14 $ 3.89 2029 8.92 10.00 07-JW-14 $ 3.91 20.42 8.88 10.00 30-Ji L4 $ 3.92 20.49 &9I 10.00 23-3u 14 $ 3.92 20A9 9.91 10.00 16-Jv 14 $ 3.88 20.22 9.79 10.00 0941 14 $ 3.89 20.29 8.82 10.00 02414 $ 3.92 20.49 9.91 IO.OD 27-May-14 $3.93 20.56 8.94 MOD 19-May-14 $3.93 20.56 8.94 10.00 12-May-14 $ 3.95 20.70 9.00 10.00 05-May-14 $ 3.96 20.77 9.03 10.00 29-Apr-14 $ 3.99 2091. 9.09 10.00 22-Apr-14 $ 3.97 20.84 9.06 10.00 14-Apr-14 $ 3.95 2030 900 WOOD 07-Apt-14 $ 3.96 20.77 9.03 10.00 31-Mar-14 $3.98 20.91 9.09 MOD 24-Mar-14 $ 3.99 20.99 9.12 MOD 18-Mar-14 $ 4.00 21.05 9.15 MOD 10-Mer-14 $ 4.02 21.18 9.21 LOAD 03-Mar.14 $ 4.02 21.18 9.21 10.00 24-Feb44 $4.02 2118 9.21 10.00 18-Feb-14 $ 3.99 20.98 9.12 10.00 W-Feb-14 $3.98 20.91 9.09 10.00 03-Feb-14 $ 3.95 20.70 9.00 10.00 27414 $ 3.90 20.36 8.85 10.00 1/201154:00 PM Page 1 of 1 Feb 27 2015 2:31PM HP LRSERJET FAX p.3 01-23-2015 Calhoun County Landfill 900 Old Landfill Rd. Port Lavaca, Texas Waste Services Proposal Dear Calhoun County, WASTE MANAGEMENT of Texas, INC. 1901 Afton Road Houston, TX 77055 (713)819-5104 fax (8T7)7024214 Waste Management sincerely appreciates the opportunity of servicing your account.forthe past 3 years. As your now current sales representative, I'have only had the pleasure of working with Patricia Kalisek and Calhoun County Landfill for the past 9 months. I personally make it my priority to know and understand my customers and their waste service needs. It is my job to ensure that all my customers including Calhoun County Landfill are satisfied with our services, and that can only be achieved by staying in touch and ensuring communication. Below are the Initial Rates that Waste Management is offering Calhoun County Landfill, in an effort to keep your business I would like you to know that these rates are negotiable if provided with a comparable competitor's quote. 1) OVT-20945 CALHOUN COUNTY LANDFILL (4) Customer Owned 30yd Open Tops (Serviced On Call) Open Top Haul Rate $175.00 Compactor Haul Rate $275.00 Disposal Per Ton $44.84 (New Disposal Rate at Victoria Landfill Effective November V, 2014) 2) OVT-22857 CALHOUN COUNTY LF (METAL) (1) Customer Owned 30yd Open Top (Serviced On Call) Haul Rate $192.84 Fuel/Environmental and Regulatory Cost Recovery fees would be charged at Market Rate, attached to this is the WM Historical Table which is updated every 2 weeks to reflect current Fuel Prices. You can obtain this information at any time by going to www.wm.com/fec.isi3 Proposal is valid up to 90 days after the date above 03-05-2015 Calhoun County Landfill 900 Old Landfill Rd. Port Lavaca, Texas Waste Services Proposal Dear Calhoun County, WASTE MANAGEMENT of Texas, INC. 1901 Afton Road Houston, TX 77055 (713) 819-5104 fax (877)7024214 Waste Management sincerely appreciates the opportunity of servicing your account for the past 3 years. As your now current sales representative, I have only had the pleasure of working with Patricia Kalisek and Calhoun County Landfill for the past 9 months. I personally make it my priority to know and understand my customers and their waste service needs. It is my job to ensure that all my customers including Calhoun County Landfill are satisfied with our services, and that can only be achieved by staying in touch and ensuring communication. Below are the Initial Rates that Waste Management is offering Calhoun County Landfill, in an effort to keep your business I would like you to know that these rates are negotiable if provided with a comparable competitor's quote. 1) OVT-20945 CALHOUN COUNTY LANDFILL (4) Customer Owned 30yd Open Tops (Serviced On Call) Open Top Haul Rate $175.00 Compactor Haul Rate $175.00 Disposal Per Ton $44.84 (New Disposal Rate at Victoria Landfill Effective November 1't, 2014) 2) OVT-22857 CALHOUN COUNTY LF (METAL) (1) Customer Owned 30yd Open Top (Serviced On Call) Haul Rate $175.00 Fuel/Environmental and Regulatory Cost Recovery fees would be charged at Market Rate, attached to this is the WM Historical Table which is updated every 2 weeks to reflect current Fuel Prices. You can obtain this information at any time by going to www.wm.com/fec.isp Proposal is valid up to 90 days after the date above WASTE MANAGEMENT of Texas, INC. 1901 Afton Road Houston, TX 77055 (713)819-5104 fax (877)702A214 Please feel free to contact me with any questions or comments that you may have, and I look forward to the opportunity of continuing to work with Calhoun County Landfill. Sincerely, Elsa Wright Manufacturing & Industrial Major Accounts Manager Mobile: 713-819-5104 Fax:877-702-4214 ewright2(@wm.com Waste Management 1901 Afton St. Houston, TX 77055 Proposal is valid up to 90 days after the date above (l P 1011.:' • DOE WM C.Iletlinn WM Disposal DOE WM Collection WM Diylasal Week.f Avera a Snrcbnr e% Surchm e% Enviramm�ntwl % Weekaf Met., Enrchwr e% Surch.r e% Environmental 20-Jan-15 $ 2.93 13.66 5.94 11.00 12-Jan-15 $ 3.05 14.49 6.30 11.00 05-Jan-15 $ 3.14 15.11 6.57 11.00 29-Dec-14 $ 3.21 15.59 6.78 11.00 22-Dec-14 $ 3.28 16.08 6.99 11.00 15-Dec-14 $ 3.42 17.04 7.41 11.00 08-Dec-14 $ 3.54 17.87 7.77 11.00 01-Dec-14 $ 3.61 18.35 7.98 10.00 24-Nov-14 $ 3.63 18.49 8.04 10.00 17-Nov-14 $ 3.66 18.70 8.13 10.00 10-Nov-14 $ 3.68 18.84 8.19 10.00 03-Nov-14 $ 3.62 18.42 8.01 10.00 27-Oct-14 $ 3.64 18.56 8.07 10.00 20-Oat-14 $ 3.66 18.70 8.13 10.00 14-Oct-14 $3.70 18.98 8.25 10.00 06-Oct-14 $ 3.73 19.18 8.34 10.00 29-Sep-14 $ 3.76 19.39 8.43 10.00 22-Sep-14 $3.78 19.53 8.49 10.00 17-Sep-14 $3.80 19.67 8.55 10.00 08-Sep-14 $ 3.81 19.73 8.58 10.00 02-Sep-14 $3.81 19.73 8.58 10.00 25-Aug-14 $3.82 19.80 8.61 10.00 18-Aug-14 $ 3.84 19.94 8.67 10.00 II-Aug-14 $ 3.84 19.94 8.67 10.00 04-Aug-14 $ 3.85 20.01 8.70 10.00 28-Jul-14 $3.86 20.08 8.73 10.00 21-Jul-14 $ 3.87 20.15 8.76 10.00 14-Jul-14 $ 3.89 20.29 8.82 10.00 07-Jul-14 $ 3.91 20.42 8.88 10.00 30-Jun-14 $3.92 20.49 8.91 10.00 23-Jun-14 $3.92 20.49 8.91 10.00 16-Jun-14 $3.88 20.22 8.79 10.00 09-Jun-14 $ 3.89 20.29 8.82 10.00 02-Jun-14 $ 3.92 20.49 8.91 10.00 27-May-14 $3.93 20.56 8.94 10.00 19-May-14 $ 3.93 20.56 8.94 10.00 12-May-14 $ 3.95 20.70 9.00 10.00 05-May-14 $ 3.96 20.77 9.03 10.00 29-Apr-14 $3.98 20.91 9.09 1000 22-Apr-14 $ 3.97 20.84 9.06 10.00 14-Apr-14 $ 3.95 20.70 9.00 10.00 07-Apr-14 $3.96 20.77 9.03 10.00 31-Mar-14 $3.98 20.91 9.09 10.00 24-Mar-14 $ 3.99 20.98 9.12 10.00 18-Mar-14 $4.00 21.05 9.15 10.00 10-Mar-14 $4.02 21.18 9.21 10.00 03-Mar-14 $4.02 21.18 9.21 10A0 24-Feb-14 $ 4.02 21.18 9.21 10.00 14_Ga6 Id ea 00 on oa 0to Innn 10-Feb-14 $3.98 20.91 9.09 10.00 03-Feb-14 $3.95 20.70 9.00 10.00 27-Jan-14 $ 3.90 20.36 8.85 10.00 v,done 4010 Canis St Victors, TX 71901-1453 (361) 578 0984 WASTE K9NMfl[§EMEPov Billing Information Name CALHOUN COUNTY LANDFILL Address 202 S ANN ST City State Zip PORT LAVACA, TX 77979 County/Parish CALHOUN Contact WM Agreement!! S0005380192 Customer Acct# OVT-20945 Acet. Name CALHOUN COUNTY LANDFILL Service Agreement g SIC Salesperson 9531 Elsa Wright Non -Hazardous Waste Service Summary PATRICIA KALISEK Effective Date 4/1/2015 Telephone 4 3615527791 Last AN Date 'Phu Jan 02 00:00:00 GMT 2014 Fax 4 36/5512311 Email ON DEMAND (see details for amounts & charges) Ref# Quantity Producl/Equipment. Waste Type Frequency 1-1 4 30 Yard Open To MSW Commercial On Call 1-2 1 40 Yard Com actor MSW Commercial On Call 1-3 1 30 Yard 0 en rop Material On Call Initial Fees & Charges Initial Delivery Charge $ 0.00 TOTAL INITIAL FEES $ 0.00 This is not a bill A Fuel Surcharge, Regulatory Cost Recovery Charge and Environmental Charge calculated as a percentage of the Charge(s), will be included on your invoice. Information about these Charges can be found on our website at www.wm.com under billing inquiry. State and Local taxes, if applicable, will also be added to the Charges. A monthly administrative fee of $ 5.00 per invoice will be assessed; this fee can be removed by enrolling in paperless statements and automated payments.. If applicable to your account, a Recycle Material Offset I RMO) will appear on your invoice and may vary from month to month based on the recyclable material commodity market conditions. Waste Materials not to exceed an average weight of ( lbs/yard). The individual signing this agreement on behalf of customer acknowledges that he/she has read and accepts the terms and conditions of this agreement which accompany this service summary sheet and that he/she has the authority to sign on behalf of the customer.. Contract Term for monthly rate services is for 1 yearho from the Effective Date ('lahlat Term') and it shall automatically renew thereafter for additional terms of 12 months ('Renewal Term') unless terminated as set forth herein. Customer Signature Company Signature Printed Name Printed Name Date WM Agreement # S0005380192 WAHEE MAf1AQEMEPo7 Service Agreement Service Summary Continued Service Location: 900 OLD LANDFILL RD, PORT LAVACA, TX 77979 Name CALHOUN COUNTY Contact Name PATRICIA KALISLK Email LANDFILL County/Parish CALHOUN Telephone # 3615527791 Mobile # Customer Comments Fax # 3615512311 Total Initial Fees For This Location $ 0.00 Total Recurring Charges For This Location ROLL OFF SERVICES $ 0.00 Quantity :.Equipment :Waste Type Frequency (Requested Pickup Attributes Haiti Disposal Rate day Rate 1-I 4 30 Yard Open MSW On Call WM Owns: 4, Delivery: $ 175.00 $ 44.84l1'ons over 0.00 1 Top Commercial 4, Tons Initial Fees/Charges Initial Delivery $ 0.00 Charge Conditional (as required) Fees/Charges Trip Charge $ 90.00 Delivery Charge (per Container) $ 0.00 Quantity Equipment Waste Type requency Requested Pickup Attributes Haul Disposal Rate day Rate 1-2 1 40 Yard MSW On Call WM Owns: 1, Delivery: $175.00 $ 44.84/Tons over 0.00 Compactor Commercial I, Tons Initial Fees/Charges Initial Delivery $ 0.00 Charge Conditional (as required) Fees/Charges Trip Charge $ 90.00 Delivery Charge (per Container) $ 0.00 uard E ui meat Waste Type Frequency Requested Pickup day Attributes Haul Rate ( Disposal Rafe 1-3 1 I 30 Yard Open'Iop Recycle Material On Cali WM Owns: 1, Delivery: 1, $175,00/Oat Initial Fees/Charges Initial Delivery $ 0.00 Charge Conditional (as required) Fees/Charges Trip Charge $ 90.00 Delivery Charge (per Container) $ 0.00 THE FOLLOWING TERMS AND CONDITIONS APPLY TO SOLID WASTE AND NON -REBATE RECYCLING SERVICES (INCLUDING PERMANENT, TEMPORARY, COMMERCIAL AND RESIDENTIAL) AS MAYBE PROVIDED BY AFFILIATES AND SUBSIDIARIES OF WASTE MANAGEMENT, INC. ("COMPANY") THIS IS A LEGALLY BINDING AGREEMENT. L SERVICES RENDERED; WASTE MATERIALS. Customer goals to Company the exclusive right, and Company through itself and its subsidiaries and corporate affiliates, steal] famish equipment and services, to collect and dispose of andror recycle all of Customers Waste Materials. Customer represents and warrants that the materials to be collected under this Agreement shall be only '9 .,to Materials" as defined herein. For purposes of this Agreement "Waste Materials" merms all nn-hamrdeus solid waste, organic waste and Recyclable Materials (as defined in Section 12 below) generated by Customer or at Customers Service Address, Waste Materials includes Special Waste, such as industrial process wastes, asbestos -containing material, petroleum contaminated soils, to ated/de<hanchnind wastes, and demolition debris, for which Customer shall complete a Special Waste Profile sheet to be approved by Company in writing waste Materials excludes, and Customer agrees not to deposit or proof the deposit far collection of any waste tires, radioactive, smalits, conceive, flammable, explosive, biomedical, infections, bin-hazardens, regulated medical or haeerdous waste, toxic substance or material, as defined by, chacictefeed or listed under applicable Extend, state, or local laws or regulations, any materials scumming information protected by federal, state or local privacy and security Imes or regulations (unless tendered to Company pursuant to Section 24, below), or Special waste not approved in writing by Company (collectively, "Excluded Materials"). Title to and liability far Excluded Material shall remain with Customer at all times. Title to Customer's Wine Materials is Incifimred to Company upon Company's receipt or collection unless otherwise provided in this Agreement or applicable law. 2. TERM. The Term of this Agreement is set forth on the Service Summary of this Agreement. Unless otherwise specified on the Service Summary, the Tenn shall automatically renew for the period set Ruffin therein unless either party gives to the other party written notice (See Section Ilbry, of mnnination at least ninety (90) days, but not more than one hundred eighty (180) days, prior to the termination of the flce-existing ono. Notice of nomination received at any after Limo will be considered ineffective and the reunion will be considered automatically renewed upon completion of the then existing lens. 3. SERVICES GUARANTY; CUSTOMER TERMINATION. Ifthe Company pals to porfonn the services described within five business days of its receipt of a written demand from Customer (Sec Section I Imr, Customer may terminate this Agreement with the payment craft monies due through the termination date. fir Company increases the Charges payable by Customer hereunder for reasons other than as set forth to Section 4 below, Customer shall have the right to terminate this Agreement by written notice to the Company no later than thirty (30) days after Company raffics Customer of such increase in Charges in writing. If Customer so notifies Company of its termination of this Agreement, such termination shall be of no have and effect if Company withdraws or removes such increase within fifeon (15) days after Customer provides timely notification of tornammioo. Absent such mnnination, the increased Charges shall be binding aad enforceable against Customer under this Agreement. 4. CHARGES; PAYMENTS; ADJUSTMENTS. Upon receipt ofm invoice, Customer shall pay any and all charges, fees and other amounts payable under this Agreement for the services and/or equipment (including repair and maintenance) famished by Company ("Charges") . Company reserves the right to increase the Charges payable by Customer during the Term: (a) for any changes to, or differences between, the actual equipment and services provided by Company to Customer and those specified ma the Service Summary; R) for any change in the composition of the Waste Materials or if the avenge weight per yard of Customers Waste Materials exceeds the amount specified on the (c Service Summary; ) for any increase in or ether modification to the Company's Fuel Surcharge, Regulatory Cost Recovery Charge, Recycle MaterialOffset Environmental Charge, sadmr any Fees/Charges included in the Service Summary; (d) to cover any increases in disposal moVor third party lrampostatio t costs, including fire) surcharges; (e) to cover increased costs due to uncontrollable circumstances, including, without limilation, changes in local, sate or federal laws or regulations, imposition of taxes, fees or surcharges or acts of God such as Foods, fires, hurricanes and amount disasters; and IT no mom often than annually Gam the Effective Dale (or if specified on the Service Summary, Customers Last Annual Price Increase ("API") Dale) for increases in the Consumer Price Index plus four percent of the dean current Charges. Any increase in Charges enumerated in clauses (a) through (a) above may include an amount for Company's operating or profit margin. Company also ...rives the right to charge Customer addition.] fees if the following additional services are provided to Costumer. Enclosure Charge, Services oa High Demand Days, Pu1FPush Out Services, Container Relocation Fee, or Seasonal Restart Fee. In the event Company adjusts the Charges as provided in this Section 4, the parties agree that this Agreement as so adjusted will continue in full have suit effect. A.yC force, invoice balance not paid within thirty (30) days of the date ofinvoice is subject o a late Ties, and any Customer check returned for insufficient funds is subject to a Non Sufficient Funds fee, both to the maximum extent allowed by applicable law. Customer acknowledges that any lam fee charged by the Company is not to be considered as interest on debt, is not a penalty, and is .,..able charge for late payment. In the event that payment is not made when due, Company retains theright to suspend service until the past due balance is paid in full, If Company reinstates suspended services after receipt of an outstanding balance, Customer shall pays reactivation fee. In the event that service is suspended in excess of fifteen (15) days, Company may terminate this Agreement for such default and recover any equipment and all amounts owed hereunder, including liquidated damages under Section ]. 5. CHANGES. Changes in the Frequency of collection service, schedule, combat, capacity and/or type of equipment, and any changes to amounts payable under this Agreement, maybe agreed to orally, in writing by payment of the invoice or by the actions and practices of the parties. ICCustcrncr changes its Service Address during the Term, this Agreement shall remain valid and cadmiscable with respect to services rendered at Customers now service location if such location is within Company's service area. 6. EQUIPMENT, ACCESS. All equipment furnished by Company shell remain its property; however, Customer shall have cam, custody and control ofthe equipment and shall be liable for all loss or damage to the equipment and for its contents while at Customers location. Customer shall not overload, move or all, the cquipmcnt and shall use it only for its intended purpose. At the termination of this Agreement, Customer shall return the equipment to Company in the condition in which it was provided, normal wear and mar excepted. Customer shall provide safe and unobstructed access to the equipment an the scheduled collection day. Company may suspend services or terminate this Agreement in the event Customer violates any of the requirements of this provision. Customer shall pay, if charged by Company, an additional fee for any service modifications caused by or resulting from Customers failure to provide access. Customer warrants that Customers property is sufficient to bear the weight of Company's equipment and vehicles and that Company shall not be responsible for any damoge to the Customers pavement or any other surface resulting from the equipment or Company's services. ]. LIQUIDATED DAMAGES. In the event Customer terminates this Agreement prior to the expiration of the Tenth for any reason other than as set forth in Section 3, or in the event Company terminates this Agreement for Customer's default, Customer shall pay the following liquidated damages in addition to the Company's legal fees: (a) if the remaining Term under this Agreement is six in more..albs, Customer shall pay the average of its six moat recent monthly Charges multiplied by ix (or, if the Effective Doe is within six months of WM's last invoice dale, the average of all monthly Charges); or (b) if the remaining firms under this Agreement is loss than six months, Customer shall pay the average of its six most recent monthly Charges multiplied by the number of months remaining in the Term. Customer shall pay liquidated damages of $100 for every Customer waste tire that is found at the disposal facility. Customer acknowledges that the actual damage to Company in the event of termination is difficult to fix or prove, and the foregoing liquidated damages amount is reasonable and commensurate with the anticipated loss to Company resulting from such termination and is an agreed upon fee and is not imposed as a penalty. S. INDEMNITY. The Company agrees to indemnify, defend and save Customer, its parent, subsidiaries, and currencies affiliates, harmless from and against any and all liability which Customer may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law, to the extent caused by any negligent act or omission or within misconduct of the Company or its employees, which occurs (a) during the collection or purrs mat er of Customers Waste Miami.[,, or TO as a result of the disposal of Cusomers Waste Materials in a facility owned by the Company or a Waste Management company, provided that the Company's indemni ficalion obligations will not apply to recurrences involving Excluded Materials. Customer agrees to indemnify, defend and save the Company, its parent, subsidiaries, corporate affiliates and their joint venture partners, harmless from and against any and all liability which the Company may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of Imv In the extent caused by Cmstomers breach of this Agreement or by any negligent act or emission or willful misconduct of the Customer or its employees, agents or coatmclms or Customers use, ..¢ration or possession of any equipment Famished by the Company. Neither Tandy shall be liable to the other for consequential, incidental or punitive damages arising out office performance.,bn.h of this Agreement. 9. RIGHT OF FIRST REFUSAL. Clatamer grants to Company a right of first refusal to match any offer relating to senders similar to those provided hereunder which Customer receives (or intends to make) upon termination of this Agreement for any reason snit Customer shall give Company prompt written notice ofany such offer and a reasonable opportunity to respond to it. 10. DISPUTE RESOLUTION -ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BINDING ARBITRATION: Except for those claims expressly excluded below (EXCLUDED CLAIMS), Customer and Company agree Find ANY and all existing or future controversy acclaim between them arising out of cr related to this Agrcemcnt er any prior agreements between the ponies, whether based in contract, Imv or equity or alleging any other legal theory, or arising prior to, in connection with, or after the termination ofthis Agreement or any other agreements, shall be resolved by mandatory binding arbitration (see owev.vencont for derails on arbitration procedures). CLASS ACTION WAIVER: Customer and Company agree that under n simmustancess whether in arbitration or otherwise, may customer bring any claim against the Company, or allow any claim that the Customer may have against the Company to be asserted, as part of a class acti...... consoltdatcd or representative basis or otherwise aggregated with claims brought by, or on behalf of, any other entity or person, including other custme is of the Company. EXCLUDED CLAIMS: The fallowing are east subject to mandatory binding arbitration: (A) either parry's claims against the other in connection with bodily injury or real property damage and for environmental indemnification; and OF Company's claims against Customer for collection or payment of Charges, damages (liquidated or otherwise) or any other amounts due or payable to the Company by the Customer under this Agreement or any prior agreements between the parties, but Cusomer and Company may mutually agree to anthems any Excluded Claims. 11. MISCELLANEOUS. (a) Except for the obligation to make payments hereunder, neither party shall be in default for its failure to perform or delay in performance caused by events 0, significant threats of events beyond its reasonable control, whether or not fareseeabie, including, but not limited to, strikes, tabor trouble, riots, imposition of laws or governmental orders, fires, acts of war o m.mrim, acts of God, an([ the inability to obtain equipment and the affected party shall be excused from performance during the occurrence of such events. (b)'This Agreement shall be binding on and shall inure to the benefit of the panics herein and their respective successors and assigns. Tel This Agreement represents the entire agreement between the parties and supersedes any and all other agreements for the sane services, whether.written or can, that may exist between the parties. (d) This Agreement shall be construed in accordance with the law of the slam in which the services are provided. (e) All written notification to Company required by this Agreement shall be by Certified Mail, Return Receipt Requested. TO If any provision of this Agreement is declared invalid o anenforccabla, then such provision shall be severed man and shall not affect theremainder of this Agreement; however, the parties shall amend this Agreement To give eft t m the maximnm extent allowed, to the intent and meaning ofthe severed provision. (g) In the event the Company successfully enforces its rights against Customer hereunder, the Customer shall be required to pay the Companys altomey3 fees and court casts. 12. RECYCLING SERVICES. The following shall apply to, fiber and non -fiber re.yelables ("Recyclable Materials") and recycling services. a. F) Single stream, commingled Recyclable Materials ("Single Slumm") will consist of 100% of Customer's clean, dry, paper or continuum without was liners; clean, it, and empty aluminum food and beverage containers, ferrous (iron) or steel cans, aerosol cans, and rigid container plastics #1-7, including narrow neck canlalhmrs aad tabs, but excluding foam and flint plastics. No individual items may be excluded fora Single Stream service. Glass may be included with specific approval of Company. Any material not set both above, including tissue or paper the had been in contact with food, is unacceptable ("Unacceptable Materials'). Single Steam may contain up to 5%Unacceptable Materials, IF) Customer shall provide wastepaper in accordance with the mast current ISRI Scrap Specifications Cucuta and any amendments thereto or replacements thereof. (iii) All other Recyclable Materials will be delivered in accordance with the Company specifications that are available at wwrv.recycleamerica.com or such specifications communicated to Customer by Company. b. Recyclable Materials may not contain Excluded Materials or chemical or other properties that are deleterious or capable of causing material damage to any pan of Company's property, its personnel or the public or materially impair the strength or the durability of the Company's structures or equipment. Company may reject in whole or in pan Recyclable Materials not n ecling the specifications, and Customer shall reimburse Company for all losses incurred with respect to such Recyclable Materials including costs of marspe more and disposal. Company reserves the right at its sole discretion .... notice to Customer to discontinue acceptance of any category of Recyclable Materials as a resell of market conditions related to such materials and makes no representations as to the recyclability of the materials which are subject To this contract. c. Where Company has agreed in writing to provide a market -based rebate to Customer, the following shall apply. Customer acknowledges that the market value for Recyclable Materials will fluctuate based upon various factors, and such materials may at times have no value or that the value may be negative. Company will establish the value of Recyclable Materials each month based upon such various factors, including but not limited to quantity, quality and location. For recycling services, Company shall pay or charge Customer on or about the last day of each month for Recyclable Materials accepted during the preceding month, elie, deduction of any Charges owed to Company by Customer. Any invoice shall be payable upon receipt. Where recycling services are provided, Charges may include separate fuel and environmental surohargw as set forth at wwer.recycleamerlca.com. d. Notwithstanding myflim, to the contrary set forth above, the Liquidated Damages ca[culum., set forth in Section T ofthis Agreement, shall not apply to any Customer breach of the Agreement pertaining to services for Recyclable Materials, which have been determined by Company to have a positive value. If a breach occurs under such ciumoutanms, the damages shall be determined by calculating actual damages rather than Liquidated Damages. a Strides, rrangements will be agreed upon between Customer and Company for the service locations set Forth a. this Agreement. for trailer load quantities, Customer shot] load (milers to full visible capacity to achieve 40,000 pounds minimum shipping weight and (milers shall be loaded or caused to be [ended in accordance with the most cu rent ISRI/AF&PA Shipping Guide. Freight and/or adjustments may apply to light loads. Customer shall be responsible for any loss, damage or destruction to equipment including (milers for any cause while located at Customer's location. For baled wastepaper picked up in less than trailer load quantities, minimum quantity for pickup is six (6) boles and far puiposcx ofpaymen t, weights shall be estimated weights. IN ADDITION TO THE ABOVE, THE FOLLOWING TERMS AND CONDITIONS APPLY TO Aerosol, Ballast, Battery, Dental Material, Electronics, Fluorescent Lamps, Medical Waste, and Mercury Recycling/Disposal Services, and Mail-Backlnk Cartrldge,Tmeo, Bottle, Cana, Paper Recycling Services, and Document Destruction 13. SPECIALTY SERVICES. Capitalized terms used herein shall have the meaning ascribed above, unless chancel. indicated. "Specialty Services', as used herein, include the following Company products/services: aerosol, ballast, battery, dental material, electronics, fluorescent lamps, medical vast, and mercury recycling and/or disposal Services, and mail back recycling Services and the venture, applicable to each of tlm Specialty Services (the "Container''), as well me document dwairmlion services. Subject to these Tatars, and Ilia limitations herein, Company will (a) veal, pracess, recycle and/or dispuse ofine Customers Acceptable Waste in accordance with federal, slate and local laws and regulations; and (b) prepare and process legally required paperwork. The Container may only be used for those materials as indicated an the Container (the "Acceptable Waste"). For any questions regarding or complying with these Terms, or a detailed list of Acceptable Waste eligible for shipping in each Container please visit wsvw.wm.com or call 1-800-664-1434. 14. RETURNS. If Customer does not attept these Terns, Customer may not use din Container or the Services. However, Customer may room a Container within tco (10) days (the "Ream Period") farm the day Customer received the Container by doing one of the following during the Return Period: (a) ream the Container to the place ofparel ase; or (b) contact Company at the phone number noted above and cemploe all mtum instructions. 15. LIMIT ON AVAILABILITY. Specialty Services are only available as shorn aad certain of the Specialty Services am net available for use in certain Slates as follows ("Prohibited Steles"): �I his Rem,ollirg/Ifiqueoil Service: Is prohibited for use in Puerto Rico, and in the Status of AIndex and Harrod, and suchService ast ther prohibited or reshreted far s in the following additional States (collectively, 'Prohibited Slidereh Aerosol Containers Arkansas' Co ecficid Mithre, Massachusetts, id esut , NewH pM1i Nmv York, Pennsylsama, Rhode Island, Ver nt end Vrzgoia Ballots -- - IMaine -- -- (Biandes - Maine -- -- � Dental Material Ark C f tut M I Minnesota, N v elf I a, New Hampshire, Rh do Island, Virginia and Vermont !Electronics Main e ji tile, Cans and Paper I!Name -- ---- --- - � Lamps _-_ IMaine Medical Waste INot. Memory -__ IiMalne Cmoddges and Term, INone Document Destruction Service, INone - It is a violation of law to ship the Container to, fmm or through any of the Prohibited States. Company reserves the right to modify the list of Prohibited States at any time. 16. TITLE TO, AND RISK OF LOSS FOR, CONTAINER AND CONTENTS. Unless and unlit Company receives and accepts the Committee (a) title to and risk of loss of the Container and its contemn shall remain with Customer; and (b) Customer is solely responsible for the contents of the Container. 19. EXPIRATION OF CONTAINER; UNUSED CONTAINERS. Each Customer must be received by Company by the expiration dam printed on the Container ("Expiration Date") if an Expiration Data is indicates[. Company has no obligation after the Expiration Date even where the career identified on a Prepaid Label fails or refuses to ship the Container. Company shall not be obligated to provide Cnsomera refund for expired, unused Containers. 18. PACKAGING. Customer shall pack and seal the Container in accordance with the instruction, included with the Container and any additional instructions that Company may send to the Customer or post on the Company Web Site prior to shipment of the Container by Customer (the "Instructions"). Customer shall pack in the Container only Acceptable Wet, and shall exclude any and all Non -Conforming Waste, as defined below. 19. SHIPPING. Customer shall comply with all Instructions related to shipping. Customer will have received a prepaid realm shipping label (the "Prepaid Label") with the Container. The Container may .or be shipped from any Prohibited State. Both the Instructions and Prepaid faddist may be obmioed at www.wm.com or by calling 1-800-664-1434. Company shall net have any responsibility or liability with spent I. any matter related to either artier collecting or shipping the Container. 20. ADDITIONAL SHIPPING CHARGES. (a) Customer shall remain responsible for sli Charges of shipping the Container to Company, including, without limitation, increases imposed by the shipper after Customer has purchased a Prepaid Label. If the shipper identified on the Prepaid Label will not ship the Container, Comps nys sole obligation will be to refund to Customer the actual shipping charge received by Company. This obligation is conditioned upon receipt of written request for such refund prior to six (6) months from the date Customer purchased or received the Container. (b) Customer remains responsible for all Charges relating to exceeding the weight limits applicable to the Container. If Customer selects a monthly Charge, additional Charges will be applied should weights or frequency of shipments cxcacd the limitations of Customers requested monthly service. (c) Customer agrees to allow Company to charge Customers credit card for additional shipping Charges as indicated above, whether or not Customer selects monthly Services or n one-time purchase ofa Container. 21. ACCEPTABLE WASTEMON-CONFORMING WASTE/ADDITIONAL CHARGES. Customers most check wwwwarrorn for updates to this list prior to initiating a shipment of a Container in order to ensue that only Acceptable Waste is shipped in the Container. Materials other than the Acceptable waste indicated as eligible far shipping in each Continue, and material having ni,igrom , chamcleristics, rating onents or properties not included within the lists) of Acceptable Waste far each Container shall be "Non -Conforming [Poste." (a) Special Tcnns Applicable to Medical Waste Services: Only Regulated Medical waste (as defined herein) qualifcs as Acceptable Waste far the purposes of MedWmao Tracker Services. "Regulated Medical Waste" includes but is not limited to sharps, gmae, bandages, containers, tubing, blood, blood produo, lace chemotherapy wail, buns, specimens generated in the course of diagnosis and medical treatment or medical waste as defined by Customer's State medical waste regulations or the OSHA Bloodbome Pathogen Standard (29 CFR 1910.1030). Customer shall, prior to shipping, provide to Company accurate and complete documents, shipping papers or manifests as required for the lawful transfer of the Regulated Medical Vaste under all applicable federal, state or local laws. "Non -Conforming waste" for the purposes of MedWaste Trucker Services means: (1) any waste or other material not falling within the definition of Ropflum l Medical Wane including complete human remains and abortion products; (2) radioactive waste; (3) any chemical waste and any harmonics waste; (4) containers timt are damaged, leaking or could cause ham or exposure to employees, the general public or others, (5) waste that has been incorrectly Wenlificd labeled and/or segregated; (6) any .,to or device continuing me me, including amalgam, vacuum pumps and other medical devices, and (7) pharmaceulrval waste (except what is accepted under a Company pharmaceutical disposal program). (b) Special Terns Applicable to Aerosol Container Services Only certain aerosol cars qualify as Acceptable Waste, and Aerosol Container Services are only available for use by a household or a Conditionally Exempt Small Quantity Convenor as cediried to Company's reasonable satisfaction ( CESQG ). Non Conforming Waste' for the purposes of AericauTracker Services includes, but is not limited to, those examples of Ac wolTmcker Services Non -Confirming waste contained on Exhibit A below. (c) Special Terms Applicable to Dental Material Services: Denial Material Services are only available for use by a CESQG, all Acceptable Waste must be disinfected, and no more than net 1 Ili of elemental memory may be placed in the Container. (d) Special Terns Applicable to Memory Seboacese Unless specifically approved by Company, No more than net Ilb ofelcinemal mercury may be placed in the Container, (c) Temis/Charges Applicable to Non Confnmmng Waste. If Company determines that any Container cam man Non -Conforming waste, Company may, at its sole discretion, and at Customers sole cost and experae: (i) reject the Container and return it to Customer, Ill) return We Non Conforming Waste to Customer; or (in) treat, process and or disposs, of the currents of the Container. Customer shall be liable for any and all Costs associated with Non Confirming waste. Company (or any contractor of company) shall not take title to Non -Conforming waste, and title to Non -Conforming Waste shall always remain with Customer. 22. CHARGES FOR FAILURE TO COMPLY WITH TERMS AND INSTRUCTIONS; CHANGED CONDITIONS; AND ADDITIONAL SERVICES. Company reserves the right to charge or bill Customer additional amounts for any of tlin following (a) any Container exceeding its specified maximum weight; (b) shipping materials in the wrong Container, or mixing mnledsls in a Combine, (c) additional shipping Charges beyond the amounts prepaid for any Prepaid Label; (d) an, costs or expenses incurred by Company as a result of Customer's failure W comply with these Toms or the Instructions, other than the usual and customary, costs of Company in the performance of the Tacker Services; or bid any costs related to changes in applicable law occurring after the data of purchase of the Container. 23. WARRANTY. Company warrants, except whom Tracker Services arc used in Prohibited States, as follows: (a) doe Container has passed, and meets or exceeds the applicable performance standards of federal, state and local mgulations{ and (b) if the Container is packed, sealed and shipped strictly in accordance with the Instructions, it is adequate to transport Acceptable waste to the processing facility tom authorized points under ordinary commercial shipping conditions. Other than its expressly warranted herein, the Specialty Services are provided "as is," and Company disclaims any and all warranties, express or implied, including, but not limited to, implied werantics of merchantability and fitness for a particular purpose. Customer concerts that it will not ship any Non -Con loathing Waste in the Container and that Customer will ethenvise comply with these Terris and all Instructions. 24. DOCUMENT DESTRUCTION SERVICES. This provision shall only apply to document destruction services. Documents being provided for destruction may contain information pamlecmd by federal, stele, or local privacy and security laws or regulations and shall be destroyed in accordance with the terms and conditions of this Agreement and any Statement of (York or similar document which has been signed by authorized representatives of both parties. All Company employees and agents with access to such materials have been informed of their duty to safeguard the confidentiality of the materials during the destruction process. Neitlmr Company, not its employees or agents will use ray confidential information coutaimm in the materials. However, these confidentiality obligations shall not apply to (i) information already in the rightful possession of Company, its employees o agents prior to receipt of the materials; or (ii) information that is in the public domain by means other than an act or omission by Company, its employees or agents; or flit) Information that was ablained by Company, its employees or agents from a third party; (iv) infomiation contained in other recyclables; or information required to be disclosed to the extent needed to comply with any court or regulatory order. Upon request, Company shall provide Customer with a certificate confirming the destruction of materials provided by Cnsmmer. Only the following fiber materials will be accepted for document destruction: coated ledger, colored hedger, continuous form roll, envelopes, rile stock, paper with groundwood content and laser paper. EXHIBIT A - Examples of Aerosol Services Nan-Confntbring Wastes Aerosols that are not in good condition (e.g., 1 liter (1000 at[); (4) Products that arc not to or that have labels which do not au (6) Industrial or other aerosols that aerosols designed with a rerevabl recovery, or (d) treata ent, storage, Container in order to cation, bat to corroded, punctured, leaking, or crushed); (2) Aerosols with labels that ere missing, (ic., non -refillable cylinders comnining a gas mode, pressure, used solely to expel a 4mp sprays; Oxygen canisters; Signal hums; Non -pressurized self-defense sprays;. Is that are specially regulated or not authorized for receipt, including: CFC contalni aerosol runs; Silicoae bcnscoc wastes from any shipped in the Container. Tear gas cartridges or devices; three industries. C\rstome. illegible, or obscured; (3) Aerosols with a capacity ofgmater than ule, or powder Gom the cylinder through a self -closing release petroleum gas ("LPG") cylinders; Gas for powering toy pellet cts (e.g., certain inhalers and m nVointsh Expanding foam ays: Pesticidesmerbicides that arc not intended far household use adage, (e.g., zinorich cold galvanizing sprays); a,, during transport and related handling (e.g., chemical manufacturing, (c) coke by-product to this list odor to initiation a shipment ofa no zKI As the leading waste services provider in North America, we realize that just having more people and equipment doesn't automatically make Waste Management a better company. That's why we've re focused all of our efforts towards achieving one goal -complete and total customer satisfaction. And its working. Independent studies have ranked Waste Management tops in customer service industry wide* Now we're adding to that momentum with the industry's first real service guarantee. e Service right from the start. Guaranteed. We guarantee you will receive the right equipment on time and in the right place or you will receive A FREE MONTH OF SERVICE. e Haul or Call. Guaranteed. If we do not make your scheduled pickup for any reason, and we do not call you within 24 hours to arrange another pickup time, We will GIVE YOU A CREDIT FOR THE MISSED PICKUP. o Individualized service. Guaranteed. We recognize that every business is different. If there is something else that is important to you, let us know and we will work with you to INCLUDE SPECIALIZED SERVICES IN YOUR IUM SERVICE GUARANTEE. The individualized services included in this Service Guarantee are: THE UNDERSIGNED INDIVIDUAL SIGNING THIS SERVICE GUARANTEE ON BEHALF OF CUSTOMER ACKNOWLEDGES THAT BE/SHE HAS READ AND UNDERSTANDS THE TERMS AND CONDITIONS OF THIS SERVICE GUARANTEE, AND THAT HE/SHE HAS THE AUTHORITY TO SIGN ON BEHALF OF THE CUSTOMER, ACCOUNT NAME: ,CUSTOMER (AUTHORIZED SIGNATURE) CONTRACT WASTE MANAGEMENT (AUTHORIZED SIGNATURE) (TITLE) (DATE) I TERRITORY NUMBER (DATE) Waste Management's Service Guarantee The guarantee does not apply when service failure is caused by events beyond Waste Management's control, including but not limited to, the following: acts of God; acts of public authorities acting with actual or apparent authority, insufficient information provided by a customer, the application of security regulations imposed by the government or othenvise applicable to the service location; inaccessibility of service location; riots, strikes, or other labor disputer civil commotion; disruption of ground transportation networks,, local weather conditions (as determined solely by Waste Management); natural disasters; conditions that present a danger to Waste Management personnel; disruption or failure of communication and information systems (including, but not limited to, Waste Management information systems). Waste Management reserves the right to refuse any request fat a credit or refund when such request is either (a) made by, or (b) based on information obtained by, a third party other than the payer of the charges. Liabilities Not Assumed: Waste Management will not be liable for any damages, whether direct, incidental, special or consequential, in excess of the billed revenue outlined by the guarantee, whether or not Waste Management knew or should have known that such damages might be incurred, including, but not limited to, loss of income or profits. 'Based on 2002 Credit Suisse First Boston Waste Bin-dex Customer Surrey CONSIDER AND TAKE NECESSARY ACTION ON REQUEST BY PORT O'CONNOR CHAMBER OF COMMERCE TO USE KING FISHER PARK MAY 2, 2015 FOR A CRAWFISH FESTIVAL: Commissioner Finster made a motion to approve the request of the Port O'Connor Chamber of Commerce to use King Fisher Park May 2, 2015 for a Crawfish Festival. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 March 5, 2015 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda for March 12, 2015. • Discuss and take necessary action to allow the Port O'Connor Chamber of Commerce to use King Fisher Beach Park May 2, 2015 for their Crawfish Festival. Sincerely, Kenneth W. Finster KWF/at P.O. Box 177 - Seadrift, Texas 77983 - email: kfinster@calhouncotx.org - (361) 785-3141 ` Fax (361) 785-5602 , C,ONNO� �<O ? PORT O'CONNOR CHAMBER OF COMMERCE a° tP.0, BOX. 701 n =_ PORT O'CONNOR, TEXAS 77982 WWW.PORTOCONNORCHAMBER..ORG OF February 16, 2015 Calhoun County Commissioners Court Commissioner Kenny Finster, Precinct 4 211 S. Ann St. Port Lavaca, Texas 77979 Dear Commissioner Finster: The Port O'Connor Chamber of Commerce would like to request permission to use King Fisher Park on the following dates during the calendar year of 2015. I. Saturday, May 2, 2015 for the 3" ' Annual Crawfish Festival and Cook off. This event would be held from 10:00 am to 6:00 pm. The Chamber would be selling alcohol and will have insurance and permits in place per requirements of Texas State Laws and TABC. The Crawfish Festival and Cook off will also include food and craft vendors, activities and live music. 2. ay, ,1uty 4, 21115 for the Annual Firewo vendor area cTtm' the hours of 10:0 0 9:01 begin at dark (approxinr H) m ,The Char have ill in c 3 ace per requirements of state Permits. :S, i- y. IC ng lFisher Park would be utilized as a pill., and use of• the pier for the Fireworks Display to ter will NOT be selling alcohol at this event, and will aws ill be responsible for their own sales For the above events, The Chamber will be coordinating volunteers, set up, clean up and required security for these events as well as work with Mr. I'inster to meet all the County requirements as needed. We would also, at this time, request that Park Ave be maintained as a one way street, during this event, as to deter traffic hazards. Sincerely, /s/ Darla Parker Darla Parker Port O'Connor Chamber of Commerce cc: Mary ,to Walker .4 ®® CERTIFICATE OF LIABILITY INSURANCE 2/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policylles) must be endorsed. if SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement a . PRODUCER Leopold Insurance Agency 3401 North Main Victoria TX 77901 NAMEACT Patricia McCoy PxoNE Es,. (361)570-5214 FAX ,(361)STO-SL49 EMAIL . pmccoy0leopoldinsurance. com INSURERISI AFFORDING COVERAGE NAIC0 INSURERA:SOottsdale INSURED Port O'Connor Chamber of Commerce PO Box 701 Port O'Connor TX 77982 INsuRENB:Hallmark S ecialtr Insurance INSURERC:Texas Mutual Insurance Co. 22945 INsunERD: NSURER E: 1 INSURER F: COVERAGES CERTIFICATE NUMBER:Master 2015 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR im TYPE OF INSURANCE Man POLICY NUMBS POUCYEFF POLICY IMP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 10 OCCUR PS2035809 /14/2014 /14/2015 EACH OCCURRENCE S 1,000,000 g 100,000 MED EXP (Any oneperson) 5 5,000 PERSONAL&ADV INJURY 5 1,000,000 GENERAL AGGREGATE S 2,000,000 GENL AGGREGATE OMIT APPLIES PER: X POLICY PRa LOC PRODUCTS -COMPIOPAGG S 2,000,000 S B AUTOMOBILELIABILITY ANYAUTO ALL OYJNED SCHEDULED AUTOS NOTOS HIREDAUTOS X NON-0WNED AUTOS 60305501 /14/2014 /14/2015 COMBINED SINGLE UNIT 11000,000 BODILY INJURY Person) 5 BODILY INJURY (Par soddon0 S P,,.,ddYDAMAGE ere a S X $ UMBRELLA UAB EXCESS UAB CLAIMS -MADE EACH OCCURRENCE S HOCCUR AGGREGATE S 0 0 I I RETENTION$ S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICER%MEMBER EXCLUDED? ❑ (Mandatory In NH) It yyeec IP'I hinder DESCIRIFTION OF OPERATIONS Imlow NIA 0P0001256662 /14/2010 /14/2015 NC STAYU. OTH. E.L.EACH ACCIDENT S 11000.000 E,L. DISEASE - EA EMPLOYE S 1,000,00 E.L. DISEASE - POLICY OMIT I S 11000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORUMDREPRESENTATIVE Leopold/ALTA �''� `""`�� 01988-2010 ACORD CORPORATION. All rights reserved. INS025 (2010o5).ol The ACORD name and logo are registered marks of ACORD CONSIDER AND TAKE NECESSARY ACTION ON REQUEST TO DESIGNATE PARK AVE IN PORT O'CONNOR AS A ONE WAY STREET DURING THE CRAWFISH FESTIVAL BEING HELD MAY 2, 2015 BETWEEN THE HOURS OF 10:00 A.M. AND 6:00 P.M. IN ORDER TO DETER TRAFFIC HAZARDS: Commissioner Finster made a motion to designate Park Ave in Port O'Connor as a one way street during the Crawfish Festival being held May 2, 2015 between the hours of 10:00 a.m. and 6:00 p.m. in order to deter traffic hazards. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 March 5, 2015 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 Ifl IET-0a0U]_\Il:1tVil Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda for March 12, 2015. • Discuss and take necessary action to designate Park Ave.as a One Way street during the Crawfish Fest being held May 2, 20t 5, between the hours of 10 am and 6 pm in order to deter traffic hazards. Sincerely, Kenneth W. Finster KWF/at P.O. Box 177 — Seadrift, Texas 77983 — email: kfinster@calhouncotx.org — (361) 785-3141 — Fax (361) 785-5602 CONSIDER AND TAKE NECESSARY ACTION ON REQUEST TO ALLOW PORT O'CONNOR CHAMBER OF COMMERCE/CRAWFISH FESTIVAL TO SELL ALCOHOL AT THEIR ANNUAL FUNDRAISER TO BE HELD MAY 2, 2015 AT KINGFISHER BEACH IN PORT O'CONNOR, TEXAS AND AUTHORIZE COUNTY JUDGE TO SIGN LETTER OF APPROVAL TO THE TABC: Commissioner Finster made a motion to approve request to allow Port O'Connor Chamber of Commerce/Crawfish Festival to sell alcohol at their annual fundraiser to be held May 2, 2015 at King Fisher Beach in Port O'Connor and authorize County Judge to sign letter of approval to TABC. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 March 5, 2015 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda for March 12, 2015. Discuss and take necessary action to allow the Port O'Connor Chamber of Commerce/Crawfish Fest to sell alcohol at their annual fundraiser to be held May 2, 2015 at Kingfisher Beach in Port O'Connor, TX and authorize County Judge to sign letter of approval to the TABC. Sincerely, w Kenneth W. Finster KWF/at P.O. Box 177 — Seadrift, Texas 77983 —email: kfinster@calhmmcmx.mg — (361) 785-3141 — Fax (361) 785-5602 ICHAEL J. PFEIFER Calhoun County Judge 211 S. Arm Street, Suite 301 - Port Lavaca, Texas 77979 (361) 553-4600 - Fax (361) 553-4444 - Email: mil<e.pfeifer@calhouncotx.org March 12, 2015 Texas Alcoholic Beverage Commission Victoria, Texas TO: WHOM IT MAY CONCERN: RE: PORT O'CONNOR CHAMBER OF COMMERCE CRAWFISH FEET On March 12, 2015, Calhoun County Commissioners' Court heard and approved a request by the Port O'Connor Chamber of Commerce Crawfish Fest to sell alcohol at their Event. Mary Jo Walker of the Port O'Connor Chamber of Commerce is authorized to hold a Temporary License - Special Three day Wine and Beer Permit for a Non -Profit Charitable Organization for the Crawfish Festival to be held on May 2, 2015 from 10:00 a.m. to 6:00 p.m. at Kingfisher Beach and Park located at Highway 185 and Park Street in Port O'Connor, Texas 77982. Please do not hesitate to contact this office if you require any finther information. Sincerely, s Michael J. Pfeifer Calhoun County Judge MJP/sr www.calhouncotx.org CONSIDER AND TAKE NECESSARY ACTION ON REQUEST FROM PORT O'CONNOR CHAMBER OF COMMERCE TO HOLD THE FIREWORKS DISPLAY AT KING FISHER BEACH/PARK ON JULY 4, 2015: Commissioner Finster made a motion to approve request from Port O'Connor Chamber of Commerce to hold the fireworks display at King Fisher Beach/Park on July 4, 2015. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 March 5, 2015 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda for March 12 2015. • Discuss and take necessary action to authorize Port O'Connor Chamber to hold the Fire Works display at Kingfisher Beach/Park on July 4, 2015. Sincerely, Kenneth W. Finster KWF/at P.O. Box 177 —Seadrift, Texas 77983 —email: kfinster@calhouncotx.org — (361) 785-3141 — Fax (361) 785-5602 PORT P.O. B�KQi�IOI� G{-Iz�Mi3lif� a�'GOMR�iE[�GE T unL V 4VIVINUIV, 1k'4%mo I I "/'u4 OF C. February 16, 2015 Calhoun County Commissioners Court Commissioner Kenny Finster, Precinct 4 211 S. Ann St. Port Lavaca, Texas 77979 Dear Commissioner Finster: The Port O'Connor Chamber of Commerce would like to request permission to use King Fisher Park on the following dates during the calendar year of 2015. day, May 2, 2015 for the 3`d An Crawfish Festiv�l.and moo'% off This event would be held from 10:00 ai The Chamberawould be selling alcohol and will have insurance and permits in place per requhements-of-Tetras State Laws anc rawfish Festival and Gook off will also includewfgod a craft vendors, activities and live music. 2. Saturday, July 4, 2015 for the Annual Fireworks Display. King Fisher Park would be utilized as a vendor area during the hours of 10:00 am to 9:00 pm., and use of the pier for the Fireworks Display to begin at dark (approximately 9:00 pm). The Chamber will NOT be selling alcohol at this event, and will have insurance in place per requirements of state laws. Vendors will be responsible for their own sales tax, and food permits, For the above events, The Chamber will be coordinating volunteers, set up, clean up and required security for these events as well as work with Mr. Finster to meet all the County requirements as needed. We would also, at this time, request that Park Ave be maintained as a one way street, during this event, as to deter traffic hazards. Sincerely, /sl Darla Parker Darla Parker Port O'Connor Chamber of Commerce -..,. cc: Mary Jo Walker .4C?W CERTIFICATE OF LIABILITY INSURANCE �..� 2/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the pollcy(le s) must be endorsed. If SUBROGATION IS WAIVED, subject to the temis and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Leopold Insurance Agency 3401 North Main Victoria TX 77901 NANEACY Patricia McCoy PHaNE . (361)570-5214 FAX .4361)570-5149 EMAIL . pmccoy0loopoldinsurance. com INSURERS AFFORDING COVERAGE NAIC9 INSURERA:SCottsdale INSURED Port O'Connor Chamber of Commerce PO BOX 701 Port O'Connor TX 77982 msu ata:Hallmark SpecialtV Insurance INSURERC:Texas Mutual Insurance Co. 22945 INSURER D: INSURER E: 1 INSURER F: COVERAGES CERTIFICATE NUMBER:14aster 2015 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIDCLAIMS. NOR TYPEOFINSURANCE AUDL SUER POLICY NUMBER POUCYEFF POUCYEXP UNITS A GENERALLIABiLITY X COMMERCIAL GENERAL UABIUTY CLAIMEMADE ❑X OCCUR PS2035809 /14/2014 /14/2015 EACH OCCURRENCE S 1, 000, 000 $ 100,000 MEDFXP (Any one coon $ 5,000 PERSONAL& ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENLAGGREGATE X POUCY UMITAPPLIES PER: PRO- LOG PRODUCTS -COMPIOP AGG S 2,000,000 S B AUTOMOBILEUABIUTY ANYAUTO ALLOWNED SCHEDULED AUTOS HIREDAUTOS X NON -OWNED AUTOS 60305501 /14/2014 /14/2015 COMBINED G UMIT (EnAprMoli 11000,000 BODILY INJURY(Perperon) S BODILY INJURY(Peraccidenl) $ PROPERTYDAMAGE Perecddent $ X S UMBRELLA UAB EXCESS UAS OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE 8 D 0 RETENTIONS S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIErORIPARTNERA ECUTIVE OFFlCER/MFJAOER EXCLUOEOT (MantlMnry In NH) Ilyyee tleaoibe antler DESGIRIPTIONOFOPERATIONS below NIA HP0001256662 /14/2014 /14/2015 gFATU- H. ro E.L.EACH ACCIDENT S 11000,000 E.L.DISEASE-EA EMPLOYE S 1 000 000 E.L. DISEASE -POLICY LIMIT S 11000,00 DESCRIPTION OF OPERATIONSI LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It mom apace Is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATIVE Leopold/ALTAaa 231201(IM41 ©1988-2010 ACORD CORPORATION. All rights INS025 (2o1w5).ol The ACORD name and logo are registered marks of ACORD CONSIDER AND TAKE NECESSARY ACTION ON REQUEST FROM PORT O'CONNOR CHAMBER OF COMMERCE TO USE KING FISHER BEACH PARK ON SATURDAY, JULY 4, 2015 AS A VENDOR AREA FOR THE FOURTH OF JULY EVENT: Commissioner Finster made a motion to approve request from Port O'Connor Chamber of Commerce to use King Fisher Beach Park on Saturday, July 4, 2015 as a vendor area for the Fourth of July event. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 March 5, 2015 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda for March 12, 2015. Discuss and take necessary action on request from Port O'Connor Chamber of Commerce to use King Fisher Beach Park on Saturday, July 4, 2015 as a vendor area for the Fourth of July Event. Sincerely, Kenneth W. Finster KWF/at P.O. Box 177 -- Seadrift, Texas 77983 —email: kfinster@calhouncomorg — (36I) 785-3141 —Fax (361) 785-5602 CONSIDER AND TAKE NECESSARY ACTION TO DESIGNATE PARK AVE IN PORT O'CONNOR, TEXAS AS A ONE WAY STREET DURING THE FOURTH OF JULY FIREWORKS EVENT BEING HELD JULY 4, 2015 BETWEEN THE HOURS OF 10:00 A.M. AND 9:00 P.M. IN ORDER TO DETER TRAFFIC HAZARDS: Commissioner Finster made a motion to designate Park Ave in Port O'Connor, Texas as a one way street during the Fourth of July fireworks event being held July 4, 2015 between the hours of 10:00 a.m. and 9:00 p.m. in order to deter traffic hazards. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 March 5, 2015 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda for March 12, 2015. Discuss and take necessary action to designate Park Ave.as a One Way street during the Fourth of July Fireworks Event being held July 4, 2015, between the hours of 10 am and 9 pm in order to deter traffic hazards. Sincerely, w Kenneth W. Finster KWF/at P.O. Box 177 —Seadrift, Texas 77983 —email: kfinster@calhouncotx.org — (361) 785-3141 —Fax (361) 785-5602 CONSIDER AND TAKE NECESSARY ACTION ON RENEWAL OF ANNUAL CONTRACT FOR CINTAS SERVICES FOR SHERIFF'S OFFICE AND AUTHORIZE ALL APPROPRIATE SIGNATURES: Commissioner Finster made a motion to renew the annual contract for Cintas Services for the Sheriff's Office and authorize all appropriate signatures. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 PHONE NUMBER (361) 553-4646 FAX NUMBER (361) 553-4668 MEMO TO: MIKE PFEIFER, COUNTY JUDGE SUBJECT: ANNUAL CONTRACTS DATE: FEBRUARY 26, 2015 Please place the following item(s) on the Commissioner's Court agenda for the date(s) indicated: AGENDA FOR FEBRUARY 26, 2015 • Consider and take necessary action to authorize renewal of annual contract for Cintas Services for the Sheriff's Office. Sincerely, George Aleman Calhoun County Sheriff • New Renewal CjjqrA6. FACILITY SERVICES RENTAL SERVICE AGREEMENT Location No. CO.onract No: LO l p°� Customer No. q p " i Date aI>�� 659 I� � 6s� Customer ca a X ho( u_C�/� CO �1)er r is Phone Sto I — S63 - L 659 Address f-�11 � Fifth S+,City?ort 100JCkill t State . s. Zip , 7c q FACILITY SERVICES PRODUCTS PRICING I Bundle" I Item # I Description I Rental Free. I Unit Price I Discount I *Indicates bundled items, • This agreement is effective e • The additional charges listed the form of an invoice. • COD Terms $ ' Q 2_8 lilt\'., of installation. notice to Customer, which notice may be in per delivery charge for prior service (if Amount Due is Carried to Following Week) • Credit Terms - Charge *Pyayymmenttts��due 10 days after End of Month. • Minimum Charge $ per delivery. • Automatic Lost Replacement Charge: Item • Automatic Lost Replacement Charge: Item of Inventory $ Ea. _% of Inventory $ Ea. • Under no circumstances will the Company accept textiles bearing free liquid. Shop towels may not be used to clean up oil or solvent spills. Shop towel container $ per delivery • Artwork Charge for L�og�oMa�t $ • Service Charge $ .! sZ ^ 'j per delivery. This Service Charge is used to help Company pay various fluctuating current and future costs including, but not limited to, costs directly or indirectly related to the environment, energy issues, service and delivery of goods and services, in addition to other miscellaneous costs incurred or that may be incurred in the future by Company. • Other�jj ' Cintas Loc. No. 088 Please Sign Name �,„ By ��-1t�r`ls �° Please Print Name Title Please Print Title a Accepted - GM: email y � �� •:~ P-iY��@0 akolmi LCJq R-2100E-Now(9/12) Form Distribution: (1) White -Office (2) Canary-Ckstorhdr (3) Pink -Corporate Office Page 1 of 2 ® FACILITY SERVICES RENTAL SERVICE AGREEMENT CINEAo 1. The customer, its successors and assigns ("Customer") orders from CINTAS CORPORATION or any of its subsidiaries, successors and assigns ("Company") all of the Customer's requirements of facility services rental services during the term of this agreement, all in accordance with the pricing, terms and conditions contained herein. Pricing is based on 52 weeks billing per rental item per year. 2. All items will be cleaned and maintained by Company. All items that require replacement due to normal wear will be replaced by Company at no charge to Customer. 3. The weekly rental charge for any item can be terminated, but only after all items issued to Customer, or the value of same, have been returned to Company. All items remain the property of Company. Any special products (logo mats) must be purchased by the customer if service is stopped. If items are lost or destroyed by any means, Customer will pay for said items at the then current replacement values. 4. Customer agrees to notify Company, in writing, of any hazardous materials that may be picked up by Company in the soiled garments or other textiles serviced under this agreement. In no case will hazardous materials be present to the extent that they may be harmful to Company's employees. 5. This agreement is effective as of the date of execution. The initial term of this agreement shall be as set forth on the front of this agreement and shall automatically renew for the same period of time unless Company is notified, to the contrary, in writing, 60 days in advance of the expiration of the then current term. Company has the right to increase prices. The Customer has the right to reject the price increase within ten (10) days of the notice. If Customer rejects the price increase, Company may terminate this agreement. If the Customer receives discount pricing due to bundling of products/services, Customer acknowledges that discount is subject to Customer continuing the bundling of the product/services. Should Customer discontinue bundling, pricing may be increased to the non discounted pricing. 6. Customer hereby agrees to defend, indemnify and hold harmless Company from any claims and damages arising out of or associated with this agreement, including any claims arising from defective products. 7. Company guarantees to deliver the highest quality textile rental service at all times. Any complaints about the quality of the service which have not been resolved in the normal course of business must be sent by registered letter to Company's General Manager. If Company then fails to resolve any material complaint in a reasonable period of time, Customer may terminate this agreement provided all rental items are paid for at the then current replacement values or returned to Company in good and usable condition. 8. Additional products and services may be added to this agreement and shall automatically become a part of and subject to the terms hereof. If this agreement is terminated early, the parties agree that the damages sustained by Company will be substantial and difficult to ascertain. Therefore, if this agreement is terminated by Customer prior to the applicable expiration date for any reason other than for documented quality of service reasons which are not cured as set forth above, or terminated by Company for cause at any time, Customer will pay to Company, as liquidated damages and not as a penalty, the greater of 50% of the average weekly invoice total multiplied by the number of weeks remaining in the unexpired term, or buy back all Facility Services Products allocated to Customer at the then current replacement values. Customer shall also be responsible for any unpaid charges on Customer's account prior to termination. Any dispute or matter arising in connection with or relating to this agreement shall be resolved by binding and final arbitration under both the laws of the state where Customer is located and applicable federal laws providing for the enforcement of agreements to arbitrate disputes. Arbitration shall be administered by a single arbitrator selected by agreement of tWparties. Any such dispute shall be determined on an individual basis, shall be considered unique as to its facts, and shall not be consolidated in any arbitration or other proceeding with any claim or controversy of any other party. The exclusive jurisdiction and forum for resolution of any such dispute shall, be in the state where the Customer is located. 9. All invoices must be paid within ten days after the end of the month. Interest will accrue on any amounts which are not paid when due from the date due to the date of payment in full at an annual percentage rate equal to the lesser of (a) eighteen percent 18% or (b) the maximum rate permitted by applicable law. 10. Customer certifies that Company is in no way infringing upon any existing contract between Customer and another service provider. 11. This Agreement may not be modified, amended or supplemented except in writing signed by an authorized representative of Cintas, provided, however, if a Federal, state or local governmental body or its representative is a party to this Agreement, the proposed modification, amendment or supplement must be in a writing signed by a President or Senior Vice President of Cintas. R-2100E-New (9112) Page 2 of 2 ® - New Renewal o FACILITY SERVICES RENTAL SERVICE AGREEMENT Location No. Contract No. k Customer No. J ; ( Date Customer ( + s 1 ? , i i �9 ' ' a' i Phone Address City ;.r +, 9tit3f 'fl State- Zip FACILITY SERVICES PRODUCTS PRICING Bundle* Item # Description Rental Freq. Unit Price Discount *Indicates bundled items/services • This agreement is effective as of the date of execution for a term of 60 months from date of installation. • The additional charges listed below are subject to adjustment by Company effective upon notice to Customer, which notice may be in the form of an invoice. • COD Terms $ per delivery charge for prior service (if Amount Due is Carried to Following Week) • Credit Terms - Charge Payments due 10 days after End of Month. • Minimum Charge $ per delivery. • Automatic Lost Replacement Charge: Item of Inventory $ Ea. • Automatic Lost Replacement Charge: Item % of Inventory $ Ea. • Under no circumstances will the Company accept textiles bearing free liquid. Shop towels may not be used to clean up oil or solvent spills. Shop towel container $ per delivery • Artwork Charge for LogoMat $ • Service Charge $ / per delivery. This Service Charge is used to help Company pay various fluctuating current and future costs including, but not limited to, costs directly or indirectly related to the environment, energy issues, service and delivery of goods and services, in addition to other miscellaneous costs incurred or that may be incurred in the future by Company. • Other Cintas Loc. No. By Title Please Sign Name Please Print Name Please Print Title Accepted - GM: R-2100E-New (9/12) Form Distribution: (1) White -Office email '%.1 (2) Canary -Customer (3) Pink -Corporate Office Pane 1 M O 0 FACILITY SERVICES RENTAL SERVICE AGREEMEJ aNTAs. iNE vH i; UxM vF RFelt_ 1. The customer, its successors and assigns ("Customer") orders from CINTAS CORPORATION or any of its subsidiaries, successors and assigns ("Company") all of the Customer's requirements of facility services rental services during the term of this agreement, all in accordance with the pricing, terms and conditions contained herein. Pricing is based on 52 weeks billing per rental item per year. 2. All items will be cleaned and maintained by Company. All items that require replacement due to normal wear will be replaced by Company at no charge to Customer. 3. The weekly rental charge for any item can be terminated, but only after all items issued to Customer, or the value of same, have been returned to Company. All items remain the property of Company. Any special products (logo mats) must be purchased by the customer if service is stopped. If items are lost or destroyed by any means, Customer will pay for said items at the then current replacement values. 4. Customer agrees to notify Company, in writing, of any hazardous materials that may be picked up by Company in the soiled garments or other textiles serviced under this agreement. In no case will hazardous materials be present to the extent that they may be harmful to Company's employees. 5. This agreement is effective as of the date of execution. The initial term of this agreement shall be as set forth on the front of this agreement and shall automatically renew for the same period of time unless Company is notified, to the contrary, in writing, 60 days in advance of the expiration of the then current term. Company has the right to increase prices. The Customer has the right to reject the price increase within ten (10) days of the notice. If Customer rejects the price increase, Company may terminate this agreement. If the Customer receives discount pricing due to bundling of products/services, Customer acknowledges that discount is subject to Customer continuing the bundling of the product/services. Should Customer discontinue bundling, pricing may be increased to the non discounted pricing. 6. Customer hereby agrees to defend, indemnify and hold harmless Company from any claims and damages arising out of or associated with this agreement, including any claims arising from defective products. 7. Company guarantees to deliver the highest quality textile rental service at all times. Any complaints about the quality of the service which have not been resolved in the normal course of business must be sent by registered letter to Company's General Manager. If Company then fails to resolve any material complaint in a reasonable period of time, Customer may terminate this agreement provided all rental items are paid for at the then current replacement values or returned to Company in good and usable condition. 8. Additional products and services may be added to this agreement and shall automatically become a part of and subject to the terms hereof. If this agreement is terminated early, the parties agree that the damages sustained by Company will be substantial and difficult to ascertain. Therefore, if this agreement is terminated by Customer prior to the applicable expiration date for any reason other than for documented quality of service reasons which are not cured as set forth above, or terminated by Company for cause at any time, Customer will pay to Company, as liquidated damages and not as a penalty, the greater of 50% of the average weekly invoice total multiplied by the number of weeks remaining in the unexpired term, or buy back all Facility Services Products allocated to Customer at the then current replacement values. Customer shall also be responsible for any unpaid charges on Customer's account prior to termination. Any dispute or matter arising in connection with or relating to this agreement shall be resolved by binding and final arbitration under both the laws of the state where Customer is located and applicable federal laws providing for the enforcement of agreements to arbitrate disputes. Arbitration shall be administered by a single arbitrator selected by agreement of the parties. Any such dispute shall be determined on an individual basis, shall be considered unique as to its facts, and shall not be consolidated in any arbitration or other proceeding with any claim or controversy of any other party. The exclusive jurisdiction and forum for resolution of any such dispute shall be in the state where the Customer is located. 9. All invoices must be paid within ten days after the end of the month. Interest will accrue on any amounts which are not paid when due from the date due to the date of payment in full at an annual percentage rate equal to the lesser of (a) eighteen percent 18% or (b) the maximum rate permitted by applicable law. 10. Customer certifies that Company is in no way infringing upon any existing contract between Customer and another service provider. 11. This Agreement may not be modified, amended or supplemented except in writing signed by an authorized representative of Cintas, provided, however, if a Federal, state or local governmental body or its representative is a party to this Agreement, the proposed modification, amendment or supplement must be in a writing signed by a President or Senior Vice President of Cintas. CONSIDER AND TAKE NECESSARY ACTION TO AUTHORIZE LOAN IN AMOUNT OF $5,000.00 FROM GENERAL FUND TO GRANTS FUND FOR LIBRARY EDGE GRANT REIMBURSEMENT PROGRAM: Judge Pfeifer stated this is the grant the Court approved at the last meeting and the loan is to be paid back once the grant monies are received. Commissioner Finster made a motion to authorize a $5,000.00 loan from the General Fund to the Grants Fund for the Library Edge Grant Reimbursement Program. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Cindy Mueller <cindy.mueller@calhouncotx.org> Sent: Tuesday, March 03, 2015 3:33 PM To: 'Susan Riley' Cc: 'Noemi Cruz'; 'Candice Villarreal' Subject: Agenda Item Request Please place the following item on the agenda for March 12, 2015: CATNA to authorize loan in amount of $5,000.00 from general fund to grants fund for Library Edge Grant Reimbursement Program. Cindy Mueller Calhoun County Auditor 202 S. Ann, Suite B Port Lavaca, TX 77979 Phone 361.553.4610 Fax 361,553.4614 CONSIDER AND TAKE NECESSARY ACTION ON APPOINTMENT OF DR. JOHN LEE MCNEILL TO CALHOUN COUNTY LOCAL HEALTH AUTHORITY: Judge Pfeifer stated Dr. McNeill has been sworn in through Victoria County. Commissioner Finster made a motion to approve the appointment of Dr. John Lee McNeill as Calhoun County Local Health Authority. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Certificate of Appointment For a Local Health Authority I, Michael J. Pfeifer , acting in the capacity as a (Check the appropriate designation below) Non -physician and the Local Health Department Director Mayor or Designee _X_County Judge of Designee Chairperson of the Public Health District do hereby certify the physician, John Lee McNeill, DO , who is licensed by the Texas Board of Medical Examiners, was duly appointed as the Local Health Authority for Calhoun County , Texas. Date term of office begins March 2, 2015 Date term of office ends March 2, 2017, unless removed by law. The Local Health Authority has been appointed and approved by the: (Check the appropriate designation below) Director, City Council for the City of _X_Commissioners Court for Calhoun County Board of Health for the Public Health District I certify to the above information on this the ZfL-&y of March, 2015. M , ignature Wap oitf t� �g " icial (Michael J. Pfeifer, County Judge County of Calhoun, Texas) (See reverse side for instructions) Revised by the Division of Regional and Local Health Services, February 2008 THE STATE OF TEXAS Statement of Elected/Appointed Officer (Please type or print legibly) I John Lee McNeill, DO do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. Affiance 'ignature John Lee McNeill, DO Printed Name Public Health Authority for Calhoun County Position to Which Elected/Appointed County of Calhoun City and/or County SWORN TO and subscribed before me by affiant on this 27th day of February 2015. Signature f�on Authorized to Administer ,.r Oaths/Affidavits a>n1,ry KAYL.POSEY �i4`1 L-•{ dSi' 4 A MY COMMISSION EXPIRES ';3 Merch 17, 2017 Printed Name Title Pursuant to Tex. Const. Art. XVI, § l(b), (amended 2001). Revised by the Division for Regional and Local Health Services, February 2008. CONSIDER AND TAKE NECESSARY ACTION ON DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICE ENTERPRISE AND CALHOUN COUNTY HEALTH DEPARTMENT AND AUTHORIZE ALL APPROPRIATE SIGNATURES: Commissioner Fritsch made a motion to approve Data Use Agreement between the Texas Health and Human Service Enterprise and Calhoun County Health Department and authorize all appropriate signatures. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. HI -IS Contract No. DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE AND Calhoun County Health Department ("CONTRACTOR") This Data Use Agreement ("DUA"), effective as of the date signed below ("Effective Date"), is entered into by and between the Texas Health and Human Services Enterprise agency Department of State Health Services ("HHS") and Calhoun County Health Department ("CONTRACTOR'), and incorporated into the terms of HIIS Contract No.2015-000020-00, in Travis County, Texas (the "Base Contract"). ARTICLE I. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The put -pose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOWs rights and obligations with respect to the Confidential Information and the limited purposes for which the CONTRACTOR may create, receive, maintain, use, disclose or have access to Confidential Information. 45 CFR I64.508(2)(d)(A) This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. § 1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. § § 1320b-7), Title XVI of the Act, The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, anal Texas Government Code §20S4.1125. In addition, the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Scope of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User" means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. IRIS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 1 of 11 111-IS Contract No. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR or that CONTRACTOR may create, receive, maintain, use, disclose or have access to on behalf of HHS that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information hr any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information; (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Personally Identifiable Information; (6) Social Secgity Administration Data, including, without limitation, Medicaid information; (7) All privileged work product, (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative" of the Individual, as defined by Texas law, including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HWAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code § 166.164; Estates Code Ch. 752 and Texas Prob. Code § 3. ARTICLE 3.CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION Section 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR.504(e)(2)(i) (B) CONTRACTOR will not, without HHS's prior written consent, disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management, to carry out the Authorized Purpose or as Required by HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code §181.101 (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.F.R. 164.308(a)(ii)(C), 164.530(e), 164.410(b) (D) CONTRACTOR will not, without prior written approval of HHS, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying HHS so that HHS may have the opportunity to object to the disclosure or access and seek appropriate relief. If HHS objects to such disclosure or access, CONTRACTOR will refrain from disclosing or HAS Data Use Agreement V.8.2 HA'AA Omnibus Compliant February 6, 2015 Page 2 of 11 HHS Contract No. providing access to the Confidential Information until HHS has exhausted all alternatives for relief. 45 CFR 164.504(a),(c)(e) and () (E) CONTRACTOR will not attempt to re -identify or further identify Confidential Information or De -identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and (4); Texas Health & Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information, on behalf of CONTRACTOR without express written approval of HHS, in advance. HHS prior approval, at a minimum will require that Subcontractor and CONTRACTOR execute the Form Subcontractor Agreement, Attachment 1, which ensures the subcontract contains identical terms, conditions, safeguards and restrictions as contained in this DUA for PHI and any other relevant Confidential Information and which permits more strict limitations; and 45 CFR 164.504(e) (2) (ii) (A), (B), (D) and (e)(5) (G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CTR 431.300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set, CONTRACTOR will make PHI available to HHS in a Designated Record Set or, as directed by HHS, provide PIS to the Individual, or Legally Authorized Representative of the Individual who is requesting PIII in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. 45 CFR 164.524and 164.504(e)(2) (ti) (E) (1) CONTRACTOR will make PHI as required by HIPAA available to HHS for amendment and incorporate any amendments to this information that HHS directs or agrees to pursuant to the IHPAA. 45 CFR 164.504(e)(2)(ii)(E) and (F) (J) CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the I-IIPAA Privacy Regulations. 45 CFR 164.504(e)(2)(ii)(G) and 164.528 (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI by any Individual subject to this DUA, it will promptly forward the request to HHS; however, if it would violate FIIPAA to forward the request, CONTRACTOR will promptly notify HHS of the request and of CONTRACTOR's response. Unless CONTRACTOR is prohibited by law from forwarding a request, HHS will respond to all such requests. 45 CFR 164.504(e)(2) (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC202 (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use or disclose PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's legal responsibilities if. 45 CFR 164.504(e) (ii) (1) (A) HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 3 of 11 HHS Contract No. (1) Disclosure is Required by aw, provided that CONTRACTOR complies with Section 3.01(D); (2) CONTRACTOR obtains reasonable assurances from the Person to whom the information is disclosed that the Person will: (a) Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c) Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.504(e)(4)(ii)(B) (N) Except as otherwise limited by this DUA, CONTRACTOR will, if requested by HHS, use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, return to HHS or Destroy, at HHS's election, and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or returned to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, CONTRACTOR acknowledges and agrees that it may not Destroy any Confidential Information if federal or state law, or HHS record retention policy or a litigation hold notice prohibits such Destruction. If such return or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such return or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR I64.504(I) (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) (Q) If CONTRACTOR transmits, stores, and/or maintains Confidential Information on non-HHS systems or networks, CONTRACTOR completed the HHS initial security assessment at http:Zlhhscx.hhsc.state.tx.us/tech/default.shtml to identify and mitigate identified risks prior to execution of this DUA. CONTRACTOR's initial security assessment will document security controls within CONTRACTOR's system that protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HITS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (MIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306 (R) CONTRACTOR will establish, implement and maintain any and all appropriate procedural, administrative, physical and technical safeguards to preserve and maintain the HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 4 of 11 HHS Cootract No. confidentiality, integrity, and availability of the Confidential Information, and with respect to PI-11, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards) (S) CONTRACTOR will designate and identify, subject to HHS approval, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. 45 CFR 164.308(a)(2) (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d) (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users thew signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the DUA. 45 CFR 164.308; 164.514(d) (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by CONTRACTOR on behalf of HHS for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308; 164.514(d) (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill I1HS's obligations to provide access to, or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary, or other federal or state law. 45 CFR 164.504(E) (1) (1) (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form. A secure transmission of electronic Confidential Information in motion includes secure File Transfer Protocol (SFTP) or Encryption at an appropriate level or otherwise protected as required by rule, regulation or law. HHS Confidential Information at rest requires Encryption unless there is adequate administrative, technical, and physical security, or as otherwise protected as required by rule, regulation or law. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to IRIS no later than 48 hours after I-IHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De -identification of HHS Confidential Information is a means of security. With respect to de -identification of PHI, "secure" means de -identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312; 164.530(d) (Z) CONTRACTOR will comply with the following laws and standards if applicable to the type of Confidential7nformation and Conti -actor's Authorized Purim: HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 5 of 11 HHS Contract No. • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (MIST) Special Publication 800-66 Revision 1 — An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A — Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and • Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS 4.01. Breach or Event IVotifrcation to HHS. 45 CFR 164.400-414 (A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HIIS. (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS's satisfaction (the "incident response period"). 45 CFR 164.404 (C) Breach Notice Initial Notice. a. For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing, initially report to HHS's Privacy and Security Officers via email at: privacy@HHS.state.tx.us; and IRS Puhtication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, S U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. b. Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410 HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 6 of 11 HHS Contract No. c. Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. 2. 48-Hour Formal Notice. No later than 48 consecutive clock hours after Discovery, or a time within which Discovery reasonably should have been made by CONTRACTOR of an Event or Breach of Confidential Information, provide formal notification to the State, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available: For (a) - (m) below: 45 CFR I64.400- 4I4 a. The date the Event or Breach occurred; b. The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; c. A brief description of the Event or Breach; including how it occurred. and who is responsible (or hypotheses, if not yet determined); d. A brief description of CONTRACTOR's investigation and the status of the investigation; e. A description of the types and amount of Confidential Information involved; f. Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the individual and if applicable the, Legally authorized representative, last known address, age, telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; g. CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information'or whether any legal exceptions to notification apply; h. CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; i. The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); j. The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; k. Identify, describe or estimate of the Persons, Workforce, Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach; 1. A reasonable schedule for CONTRACTOR to provide regular updates to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and in. Any reasonably available, pertinent information, documents or reports related to an Event or Breach that HHS requests following Discovery. HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 7 of 11 HHS Contract No. Section 4.02 Investigation, Response and Mitigation. For A-F below: 45 CFR 164.308, 310 and 312 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by I-IHS under the Base Contract. Section 4.03 Breach Notification to T &iduats and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) IRIS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third -parties, as specified by HHS following a Breach. (B) CONTRACTOR must obtain HHS's prior written approval of the time, manner and content of any notification to Individuals, regulators or third -parties, or any notice required by other state or federal authorities. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll -free telephone number, for the Individual to obtain additional information. (C) CONTRACTOR will provide IH-IS with copies of distributed and approved communications. (D) CONTRACTOR will have the burden of demonstrating to the satisfaction of I-IHS that any notification required by FIHS was timely made. If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HISS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. SCOPE of WORIZ Scope of Work means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Scope of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 8 of 11 HHS Contract No. ARTICLI;6. GuNLRAL PROVISIONS Section 6.01 OrvnershipofConfidentiallnformation CONTRACTOR aclmowledges and agrees that the Confidential Information is and will remain the properly of HHS. CONTRACTOR agrees it acquires no title or rights to the Confidential hnformation. Section 6.02 HHS Commitment and Obligations FIIIS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. Section 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, FIHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection, HHS's agent(s) include, without limitation, the HHS Office of the hispector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. Section 6.04 Term; Termination ofDUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein . If the Base Contract is extended or amended, this DUA is updated automatically concurrent with such extension or amendment. (A) HIIS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (D) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: 1. Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or 2. Require CONTRACTOR to submit to a corrective action plan, including a plan for monitoring and plan for reporting, as MS may determine necessary to maintain compliance with this DUA; or 3. Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or 4. Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Travis County, Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation and the action it intends to take. (E) If neither termination nor cure is feasible, HHS shall report the violation to the Secretary. (F) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 9 of 11 HHS Contract No. Section 6.05 Governing Law, Ven tie and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Travis County, Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. Section 6.06 Injunctive Relief (A) CONTRACTOR aclmowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. Section 6.07 Indemnification CONTRACTOR will indemnify, defend and hold harmless HHS and its respective Executive Commissioner, employees, Subcontractors, agents (including other state agencies acting on behalf of HHS) or other members of its Workforce (each of the foregoing hereinafter referred to as "Indemnified Party") against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with any breach of this DUA or from any acts or omissions related to this DUA by CONTRACTOR or its employees, directors, officers, Subcontractors, or agents or other members of its Workforce. The duty to indemnify, defend and hold ha itess is independent of the duty to insure and continues to apply even in the event insurance coverage required, if any, in the DUA or Base Contract is denied, or coverage rights are reserved by any insurance carrier. Upon demand, CONTRACTOR will reimburse HHS for any and all losses, liabilities, lost profits, fines, penalties, costs or expenses (including reasonable attorneys' fees) which may for any reason be imposed upon any Indemnified Party by reason of any suit, claim, action, proceeding or demand by any third party to the extent caused by and which results from the CONTRACTOR's failure to meet any of its obligations under this DUA. CONTRACTOR's obligation to defend, indemnify and hold harmless any Indemnified Party will survive the expiration or termination of this DUA. Section 6.08 Insurance (A) In addition to any insurance required in the Base Contract, at HHS's option, HHS may require CONTRACTOR to maintain, at its expense, the special and/or custom first- and third -party insurance coverages, including without limitation data breach, cyber liability, crime theft and notification expense coverages, with policy limits sufficient to cover any liability arising under this DUA, naming the State of Texas, acting through HHS, as an additional named insured and loss payee, with primary and non-contributory status, with required insurance coverage, by the Effective Date, or as required by I-111S. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 10 of 11 HHS Contract No. Section 6.09 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, including but not limited to requirements to insure and/or indemnify HIIS, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. Section 6.10 Entirety ofthe Contract This Data Use Agreement is incorporated by reference into the Base Contract and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. Section6.11 Automatic Amendment andlnterpretation Upon the effective date of any amendment or issuance of additional regulations to UWAA, or any other law applicable to Confidential Information, this DUA will automatically be amended so that the obligations imposed on MS and/or CONTRACTOR remain in compliance with such requirements. Any ambiguity in this DUA will be resolved in favor of a meaning that permits IMS and CONTRACTOR to comply with IIIPAA or any other law applicable to Confidential Information. ARTICLE 7. AUTHORITY TO EXECUTE The Parties have executed this DUA in their capacities as stated below with authority to bind their organizations on the dates set forth by their signatures. IN WITNESS HEREOF, HHS and CONTRACTOR have each caused this DUA to be signed and delivered by its duly authorized representative: TEXAS HEALTH AND HUMAN SERVICES CONTRACTOR BY: BY: fA �LX \, NAME: NAME: TITLE: TITLE: DATE: 201 DATE: !%r_�..c % I 2015. FIIIS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 11 of 11 iIHS Contract No. ATTACHMENT 1. SUBCONTRACTOR AGREEMENT FORM t:�Iry7_ x�1 fj xtlllLili5lt7 The DUA between HHS and CONTRACTOR establishes the permitted and required uses and disclosures of Confidential Information by CONTRACTOR. CONTRACTOR has subcontracted with (SUBCONTRACTOR) for performance of duties on behalf of CONTACTOR which are subject to the DUA. SUBCONTRACTOR acknowledges, understands and agrees to be bound by the identical terms and conditions applicable to CONTRACTOR under the DUA, incorporated by reference in this Agreement, with respect to HHS Confidential Information. CONTRACTOR and SUBCONTRACTOR agree that HHS is a third -party beneficiary to applicable provisions of the subcontract. HHS has the right but not the obligation to review or approve the terms and conditions of the subcontract by virtue of this Subcontractor Agreement Form. CONTRACTOR and SUBCONTRACTOR assure IIRS that any Breach or Event as defined by the DUA that SUBCONTRACTOR Discovers will be reported to HHS by CONTRACTOR in the time, manner and content required by the DUA. If CONTRACTOR knows or should have known in the exercise of reasonable diligence of a pattern of activity or practice by SUBCONTRACTOR that constitutes a material breach or violation of the DUA or the SUBCONTRACTOWs obligations CONTRACTOR will: 1. Take reasonable steps to cure the violation or end the violation, as applicable; 2. If the steps are unsuccessful, terminate the contract or arrangement with SUBCONTRACTOR, if feasible; 3. Notify HHS immediately upon reasonably discovery of the pattern of activity or practice of SUBCONTRACTOR that constitutes a material breach or violation of the DUA and keep HHS reasonably and regularly informed about steps CONTRACTOR is taking to cure or end the violation or terminate SUBCONTACTOR's contract or arrangement. This Subcontractor Agreement Form is executed by the parties in their capacities indicated below. CONTRACTOR BY: NAME: TITLE: BY: DATE 201.. DATE: SUBCONTRACTOR HHS Data Use Agreement V.8.2. HIPAA Omnibus Compliant February 6, 2015 Attachment 1 CONSIDER AND TAKE NECESSARY ACTION TO ACCEPT RESIGNATION BY COMMISSIONER ROGER C. GALVAN FROM THE APPRAISAL BOARD OF DIRECTORS AND APPOINT REPLACEMENT TO THE APPRAISAL BOARD OF DIRECTORS: Commissioner Finster made a motion to accept resignation by Commissioner Roger C. Galvan from the Appraisal Board of Directors and appoint replacement to the Appraisal Board of Directors. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Commissioner Galvan made a motion to appoint Vern Lyssy to replace him on the Appraisal Board of Directors. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor Calhoun County Commissioner Precinct #1 211 S. Ann Fa�S ATF. Op Te+N Fax (361) 553-8734 Port Lavaca, TX 77979 Pager (361) 579-7915 (361) 552-9242 n : Mobile (361) 935-3552 OGhTY O` C^y�O MARCH 5, 2015 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the next Commissioner's Court Agenda. • Consider and take necessary action to request that Vern Lyssy be appointed to the Appraisal Board of Directors. Vern Lyssy will be replacing Roger C. Galvan effective April 1, 2015. Sincerely, ACCEPT REPORTS OF THE FOLLOWING COUNTY OFFICES: Judge Pfeifer made a motion to accept reports of the following County offices: • County Tax Assessor/Collector — January 2015 • Justice of the Peace, Pct. 1 - February 2015 • Justice of the Peace, Pct. 2 — February 2015 • Justice of the Peace, Pct. 3 — February 2015 • Justice of the Peace, Pct. 5 — February 2015 Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 0 -I 1 W n m -1 W 1 -I N 0 O p DD p r90 vrvm 'p pp a �� o ;w e O Orrw� 0 E Dm%A<� 00 D 0 L7 O 0 GOnOD v G)O O -uTv•o D < mmv D D O rr' ° D Lammm CL a o o a 00 EL EL > y 00 = m 0 -'m 0 O C) c�OO ori) 0ouW 0>0 no 0 _ ° °°OO m m3r >> 0 0 m Z xZ ya 0 Cl) nOn � a (D . 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(D C C O G N C b m m > > M n O (D > m >> 3 i . p N ii -n = > > 7 ry A X O 1 j N N 1 -I -I c O (D " 0 -I m r C w o w (D (D (D m N N (D � m (D m = SN p CD C (� O o lz N C C N c d N C C C N c c c D r 3 0 7 c m fD/i 'n -(DI fA/1 -I a N N c _ D N (D N (D m 0 N N N N N .y.( N `G = N �D < co -bi N y N N i N N% M N '0 2 Chi y O < 5 0�j a D z O d_ z o A 3 D o m 0 0 a _ _ 0.0 m D D p z c m 'm m o < < o O = o _ ID (7 N c0 O m N (D N N -n N m (D N N 3 w N f/1 A rn m O N-� p K m N m m m y ((DD X m O ® CD w 'O N y O (o Zv m n (D "D m z n N n n o O c o r or O N P z !AA `z N m b 0 0 m A O 1 z N Cl) fA fA HA fA fA fA to b9 w Wi b9 iA Vi 40 fA Vi ON $ OD s N N (0 V CD Of (A O( -� N to N to N 40 V V O 00 " W O V (O O W N W W A CD A N O OD? O N .tea V p vi to (f/ (A Q) to Eli fA to (A to Vfl bA fA Ow fA O( CA A 00 00 p W N to 00 (0 to Ot A (o OD N V coO co00 W > ; (VO O O ' G W O O OD Vt A N N O cn 0000 co N 0 cn A ENTER COURT NAME. JUSTICE OF PEACE ENTER MONTH OF REPORT FEBRUARY ENTER YEAR OF REPORT 015 CODE AMOUNk. CASH BONDS 0.00 12/8/2014 ADMINISTRATION FEE-AOMF 0.00 BREATH ALCOHOL TESTING -BAT 0.00 CONSOLIDATED COURT COSTS -CCC 1.672.36 COURTHOUSE SECURITY -CHS 167.24 CJP 0.00 CIVIL JUSTICE DATA REPOSITORY FEE -CJDR 1.62 CORRECTIONAL MANAGEMENT INSTITUTE -CMI. 0.00 CR 0.00 CHILD SAFETY - CS 0.00 CHILD SEATBELT FEE CSBF 0.00 CRIME VICTIMS COMPENSATION- CVC 0.00 , DPSC/FAILURE TO APPEAR OMNI-DPSC 503.89 ELECTRONIC FILING FEE -EEF 0.00 FUGITIVE APPREHENSION - FA 000 GENERAL REVENUE -GR 0.00 CRIM- IND LEGAL SVCS SUPPORT -IDF, 83.63 JUVENILE CRIME & DELINQUENCY -JCR. 0.00 f JUVENILE CASE MANAGER FUND -JCMF 542 S JUSTICE COURT PERSONNEL TRAINING -JCPT 0.00 4 JUSTICE COURT SECURITY FUND -JCSF 0.00 JUROR SERVICE FEE- JSF 160.24 LOCALARREST FEES -LAF 58.05 LEW 0.00 LEOA 0.00 LEOC 0.00 OCL 0.00 PARKS& WILDLIFE ARREST FEES -PWAF 3.23 STATE ARREST FEES -SAF 14277 SCHOOL CROSSING/CHILD SAFETY FEE -SCF 0.00 SUBTITLE C -SUBIC 487.78 TABC ARREST FEES -TAF 0.00 I TECHNOLOGY FUND -TF 167.24 TRAFFIC -TFC 48.70 TIME PAYMENT -TIME 686.07 TRUANCY PREVENTION/DIVERSION FUND -TPDF 49.99 LOCAL& STATE WARRANT FEES -WRNT 1,114.35 I COLLECTION SERVICE FEE-MVBA-CSRV 2.418.90 DEFENSIVE DRIVING COURSE -DDC 3160 DEFERRED FEE- DFF 0.00 1 DRIVING EXAM FE&PROV DG 0.00 FILING FEE -FFEE 50.00 FILING FEE SMALL CLAIMS- FFSC DOG JURY FEE -JF o00 COPIES/CERTIFED COPIES -CC 000 I INDIGENT FEE -CIFF or INDF 1200 JUDGE PAY RAISE FEE - JPAY 276.92 SERVICE FEE -SFEE 0.00 OUT -OF -COUNTY SERVICE FEE 0.00 ELECTRONIC FILING FEE- EEF CV 20.00 EXPONGEMENTiFEE -EXPG 000 EXPIRED RENEWAL -EXPR 50.00 ABSTRACT OF JUDGEMENT -AOJ 000 ALLWRITS-WOP/WOE 000 DPS FTA FINE -DPSF 000 LOCAL FINES - FINE 6,31690 '. LICENSE & WEIGHT 'FEES -LWF 000 s PARKS & WILDLIFE FINES -PWF 20900 SEATBELT/UNRESTRAINED CHILDFINE - SEAT 000 - OVERPAYMENT ($10&OVER) -OVER 88.70 ' OVERPAYMENT (LESS THAM$10)-OVER 0.00 RESTITUTION - RESTI 0.00 PARKS B WILDLIFE -WATER SAFETY FI NE ES-WSFI 0.00 MARINE SAFETY :PARKS & WILDLIFE -MSO 0.00 +: TOTAL ACTUAL MONEY RECEIVED1 $14,826.60 TYPE: AMOUNT TOTAL WARRANT FEES'. 1j14.35 ENTER LOCAL WARRANT FEES 368.89 RECORD ON TOTAL PACE OF HILL COUNTRY SOFTWARE MO. REPORT STATE WARRANT FEES -. $755.46 z RECORD ON TOTAL PACE OF HILL COUNTRY SOFTWARE MO. REPORT DUE TO OTHERS: AMOUNT. DUE TO CCISD-50% of Fine on JV cases 0.00 PLEASE INCLUDE D.R. REQUESTING DISBURSEMENT DUE TO DA RESTITUTION FUND 0.00 PLEASE INCLUDE D.R. REQUESTING DISBURSEMENT REFUND OF OVERPAYMENTS 88.70 PLEASE INCLUDE D.R. REQUESTING DISBURSEMENT OUT -OF -COUNTY SERVICE FEE 0.00 PLEASE INCLUDE D.R. REQUESDNG DISBURSEMENT CASH BONDS 0.00 PLEASE INCLUDE DR REQUESTNG DISBURSEMENT (IF REQUIRED) TOTAL DUE TO OTHERS $B8.70 TREASURERS RECEIPTS FOR MONTH:: AMOUNT CASH, CHLURS, M.O.s&CREDIT CARDS $14.826.60 Calculate from ACTUAL Treasurers Receipts TOTAL TRFAS. RECEIPTS $14,826.60 =' CALHOUN DISTRIBUTION COUNTY REQUEST 201 West Austin DR# 450 A 42066 PAYEE Name: Calhoun County Oper. Acct. Address: City: State: Zip: Phone: PAYOR Official: Title: Hope Kurtz Justice of the Peace, Pct. 1 ACCOUNT NUMBER DESCRIPTION AMOUNT 7541-999-20759.999 JP1 Monthly Collections- Distribution $14,560.25 FEBRUARY 2015 V# 967 Signature of Official Date TOTAL 14,560.25 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 3/3/2015 COURT NAME: JUSTICE OF PEACE NO. 1 MONTH OF REPORT: FEBRUARY YEAR OF REPORT: 2015 ACCOUNT NUMBER ACCOUNT NAME AMOUNT CR 1000-001-45011 FINES 6,348.25 CR 1000-001-44190 SHERIFF'S FEES 1,138.11 ADMINISTRATIVE FEES: DEFENSIVE DRIVING 31.60 CHILD SAFETY 0.00 TRAFFIC 48.70 ADMINISTRATIVE FEES 50.00 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 CR 1000-001-44361 TOTAL ADMINISTRATIVE FEES 130.30 CR 1000-001-44010 CONSTABLE FEES -SERVICE 0.00 CR 1000-001-44061 JP FILING FEES 50.00 CR 1000-001-44090 COPIES / CERTIFIED COPIES 0.00 CR 1000-001-49110 OVERPAYMENTS (LESS THAN $10) 0.00 CR 1000-001-44145 SCHOOL CROSSING/CHILD SAFETY FEE 0.00 CR 1000-999-20741 DUE TO STATE -DRIVING EXAM FEE 0.00 CR 1000-999-20744 DUE TO STATE-SEATBELT FINES 0.00 CR 1000-999-20745 DUE TO STATE -CHILD SEATBELT FEE 0.00 CR 1000-999-20746 DUE TO STATE -OVERWEIGHT FINES 0.00 CR 1000-999-20770 DUE TO JP COLLECTIONS ATTORNEY 2,418.90 TOTAL FINES, ADMIN. FEES & DUE TO STATE $10,085.56 CR 2670-001-44061 COURTHOUSE SECURITY FUND $125.43 CR 2720-001-44061 JUSTICE COURT SECURITY FUND $41.81 CR 2719-001-44061 JUSTICE COURT TECHNOLOGY FUND $167.24 CR 2699-001-44061 JUVENILE CASE MANAGER FUND $5.42 STATE ARREST FEES DPS FEES 179.65 P&W FEES 0.65 TABC FEES 0.00 CR 7020-999-20740 TOTAL STATE ARREST FEES 180.29 CR 7070-999-20610 CCC-GENERAL FUND 167.24 CR 7070-999-20740 CCC-STATE 1,505.12 DR 7070-999-10010 1,672.36 CR 7860-999-20610 STF/SUBC-GENERAL FUND 24.39 CR 7860-999-20740 STF/SUBC-STATE 463.39 DR 7860-999-10010 467.78 CR 7950-999-20610 TP-GENERAL FUND 343.04 CR 7950-999-20740 TP-STATE 343.03 DR 7950-999-10010 686.07 CR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 0.60 CR 7480-999-20740 CIVIL INDIGENT LEGAL -STATE 11.40 DR 7480-999-10010 12.00 Page 1 of 2 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 3/3/2015 COURT NAME: JUSTICE OF PEACE NO. 1 MONTH OF REPORT: FEBRUARY YEAR OF REPORT: 2015 CR 7865-999-20610 CRIM-SUPP OF IND LEG SVCS-GEN FUND 8.36 CR 7865-999-20740 CRIM-SUPP OF IND LEG SVCS-STATE 75.27 DR 7865-999-10010 83.63 CR 7970-999-20610 TL/FTA-GENERAL FUND 167.96 CR 7970-999-20740 TL/FTA-STATE 335.93 DR 7970-999-10010 503.89 CR 7505-999-20610 JPAY - GENERAL FUND 27.69 CR 7505-999-20740 JPAY - STATE 249.23 DR 7505-999-10010 276.92 CR 7857-999-20610 JURY REIMB. FUND- GEN. FUND 16.02 CR 7857-999-20740 JURY REIMB. FUND- STATE 144.22 DR 7857-999-10010 160.24 CR 7856-999-20610 CIVIL JUSTICE DATA REPOS.- GEN FUND 0.16 CR 7856-999-20740 CIVIL JUSTICE DATA REPOS: STATE 1.46 DR 7856-999-10010 1.62 7998-999-20740 7403-999-22889 TRUANCY PREVENT/DIV FUND - STATE 49.99 DR 7998-999-10010 49.99 ELECTRONIC FILING FEE - CV STATE 20.00 DR 7403-999-22889 20.00 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD REFUND OF OVERPAYMENTS OUT -OF -COUNTY SERVICE FEE CASH BONDS PARKS & WILDLIFE FINES WATER SAFETY FINES TOTAL (Distrib Req to OperAcct) $14,560.25 0.00 0.00 88.70 0.00 0.00 177.65 0.00 TOTAL DUE TO OTHERS $266.35 TOTAL COLLECTED -ALL FUNDS $14,826.60 LESS: TOTAL TREASUER'S RECEIPTS $14,826.60 OVER/(SHORT) $0.00 Page 2 of 2 0.00 0.00 2,173.49 218.63 0.00 2.55 0.50 0.00 0.00 0.00 15.00 591.49 100.00 5.00 0.00 105.80 0.50 25.00 2.00 0.00 215.63 113.26 0.00 0.00 0.00 0.00 12.70 94.45 0.00 644.32 0.00 219.63 64.49 801.79 77.87 1,802.73 2,456.85 7.90 64.90 0.00 260.00 0.00 0.00 60.00 321.47 675.00 0.00 0.00 30.00 10.00 150M 0.00 7,771.40 0.00 258.00 0.00 0.00 0.00 0.00 0.00 PAGE OF HILL COUNTRY SOFTWARE MO. REPORT PAGE OF HILL COUNTRY SOFTWARE MO. REPORT 0.00 0.00 0.00 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 3/3/2015 COURT NAME: JUSTICE OF PEACE NO. 2 MONTH OF REPORT: February YEAR OF REPORT: 2015 ACCOUNT NUMBER ACCOUNT NAME AMOUNT CR 1000-001-45012 FINES 7,810.10 CR 1000-001-44190 SHERIFF'S FEES 1,727.49 ADMINISTRATIVE FEES: DEFENSIVE DRIVING 7.90 CHILD SAFETY 0.00 TRAFFIC 64.49 ADMINISTRATIVE FEES 94.90 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 CR 1000-001-44362 TOTAL ADMINISTRATIVE FEES 167.29 CR 1000-001-44010 CONSTABLE FEES -SERVICE 825.00 CR 1000-001-44062 JP FILING FEES 260.00 CR 1000-001-44090 COPIES / CERTIFIED COPIES 0.00 CR 1000-001-49110 OVERPAYMENTS (LESS THAN $10) 0.00 CR 1000-001-44145 SCHOOL CROSSING/CHILD SAFETY FEE 0.00 CR 1000-999-20741 DUE TO STATE -DRIVING EXAM FEE 0.00 CR 1000-999-20744 DUE TO STATE-SEATBELT FINES 0.00 CR 1000-999-20745 DUE TO STATE -CHILD SEATBELT FEE 0.00 CR 1000-999-20746 DUE TO STATE -OVERWEIGHT FINES 0.00 CR 1000-999-20770 DUE TO JP COLLECTIONS ATTORNEY 2,456.85 TOTAL FINES, ADMIN. FEES & DUE TO STATE $13,246.73 CR 2670-001-44062 COURTHOUSE SECURITY FUND $163.97 CR 2720-001-44062 JUSTICE COURT SECURITY FUND $54.66 CR 2719-001-44062 JUSTICE COURT TECHNOLOGY FUND $219.63 CR 2699-001-44062 JUVENILE CASE MANAGER FUND $25.00 STATE ARREST FEES DPS FEES 293.11 P&W FEES 2.54 TABC FEES 0.00 CR 7020-999-20740 TOTAL STATE ARREST FEES 295.65 CR 7070-999-20610 CCC-GENERAL FUND 219.65 CR 7070-999-20740 CCC-STATE 1,976.84 DR 7070-999-10010 2,196.49 CR 7860-999-20610 STF/SUBC-GENERAL FUND 32.22 CR 7860-999-20740 STF/SUBC-STATE 612.10 DR 7860-999-10010 644.32 CR 7950-999-20610 TP-GENERAL FUND 400.90 CR 7950-999-20740 TP-STATE 400.89 DR 7950-999-10010 801.79 CR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 3.00 CR 7480-999-20740 CIVIL INDIGENT LEGAL -STATE 57.00 DR 7480-999-10010 60.00 Page 1 of 2 MONTHLY REPORT OF COLLECTIONS AND DISTRIBUTIONS 3/3/2015 COURT NAME: JUSTICE OF PEACE NO.2 MONTH OF REPORT: February YEAR OF REPORT: 2015 CR 7865-999-20610 CRIM-SUPP OF IND LEG SVCS-GEN FUND 10.58 CR 7865-999-20740 CRIM-SUPP OF IND LEG SVCS-STATE 95.22 DR 7865-999-10010 105.80 CR 7970-999-20610 TUFTA-GENERAL FUND 197.16 CR 7970-999-20740 TUFTA-STATE 394.33 DR 7970-999-10010 591.49 CR 7505-999-20610 JPAY - GENERAL FUND 32.15 CR 7505-999-20740 JPAY - STATE 289.32 DR 7505-999-10010 321.47 CR 7857-999-20610 JURY REIMB. FUND- GEN. FUND 21.56 CR 7857-999-20740 JURY REIMB. FUND- STATE 194.07 DR 7857-999-10010 215.63 CR 7856-999-20610 CIVIL JUSTICE DATA REPOS.- GEN FUND 0.25 CR 7856-999-20740 CIVIL JUSTICE DATA REPOS.- STATE 2.30 DR 7856-999-10010 2.55 CR 7998-999-20740 TRUANCY PREV/DIV FUND - STATE 77.87 DR 7998-999-10010 77.87 CR 7403-999-22889 ELECTRONIC FILING FEE - STATE 100.00 DR 7403-999-10010 100.00 TOTAL (Distrib Req to OperAcct) $19,123.05 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD 0.00 DA - RESTITUTION 0.00 REFUND OF OVERPAYMENTS 0.00 OUT -OF -COUNTY SERVICE FEE 0.00 CASH BONDS 0.00 PARKS & WILDLIFE FINES 219.30 WATER SAFETY FINES 0.00 TOTAL DUE TO OTHERS $219.30 TOTAL COLLECTED -ALL FUNDS $19,342.35 LESS: TOTAL TREASUER'S RECEIPTS $19,342.35 Revised 12/8/14 OVER/(SHORT) $0.00 Page 2 of 2 CALHOUN DISTRIBUTION COUNTY REQUEST 201 West Austin DR# 460 A 42067 PAYEE PAYOR Name: Calhoun County Oper. Acct. Official: Calvin Anderle Address: Title: Justice of the Peace, Pct. 2 City: State: Zip: Phone: ACCOUNT NUMBER DESCRIPTION AMOUNT 7542-999-20759-999 JP2 Monthly Collections - Distribution $19,123.05 February 2015 V# 967 TOTAL 19,123.05 Signature of Official Date ENTER COURT: NAME: ; ', JUSTICE OF PEACE 0.3 ENTER MONTH OF REPORT c' FEBRUARY ENTER YEAR OF REPORT - 2015 CURE AMUUNI `CASH BONDS Revised 2/4/15 ADMINISTRATION FEE -:ADMF BREATH ALCOHOL TESTING -;BAT CONSOLIDATED COURT COSTS -CCC 1,053.15 COURTHOUSE SECURITY -CHS 114.30 CJP CIVIL JUST DATA REPOS FEE - CJDR/MVF t36 CORRECTIONAL MANAGEMENT INSTITUTE -:CMI CR CHILD SAFETY -':CS CHILD SEATBELT FEE - GSBF CRIME VICTIMS COMPENSATION -:CVC i:DPSC/FAILURE TO APPEAR:- OMNI -:DPSC 330.00 '. ELECTRONIC FILING FEE 20.00 FUGITIVE APPREHENSION -IFA - GENERAL '.REVENUE -iGR CRIM- IND:LEGAL SVCSSUPPORT -. IDF 52.66 JUVENILE CRIME & DELINQUENCY -:JCD > JUVENILE CASE MANAGER FUND -JCMF 20.00 JUSTICE COURT PERSONNEL TRAINING - JCPT JUSTICE COURT SECURITY FUND - JCSF JUROR SERVICE FEE - JSF 96.31 LOCAL ARREST FEES -LAF 78,00 LEMI LEDA LEOC OCL PARKS & WILDLIFE ARREST FEES -. PWAF ;STATE ARREST FEES -:SAP 68.64 SCHOOL CROSSING/CHILD SAFETY FEE;: SCF SUBTITLE C -SUBC 528.01 TABC ARREST FEES - TAF TECHNOLOGY FUND -:TF 105.32 TRAFFIC -TFC 52.80 TIME PAYMENT -TIME 283.22 TRUANCY PREV/DIVERSION FUND 30.66 :LOCAL & STATE WARRANT FEES - WRNT 650.00 COLLECTION SERVICE FEE•MVBA-CSRV 1,216.50 DEFENSIVE DRIVING COURSE -DDC 15.80 DEFERRED FEE - DFF DRIVING EXAM FEE. PROViDL FILING FEE- FFEE&CVFF 50.00 FILING FEE SMALL CLAIMS - FFSC COPIES/CERTIFED COPIES -'CC :INDIGENT FEE '- Cif F or INDF 12.00 JUDGE PAY RAISE FEE -JPAY 167.97 SERVICE FEE -SFEE 225.00 OUT -OF -COUNTY: SERVICEFEE EXPUNGEMENT FEE -EXPG EXPIRED RENEWAL, EXPR 10.00 ABSTRACT OF JUDGEMENT -AOI ALL WRITS ::-WOP/WOE 300.09 DPS FTA FINE DPSF 1,460.00 LOCAL FINES - FINE 1,864.80 LICENSE & WEIGHT FEES - LWF PARKS & WILDLIFE FINES -PWF 313.00 SEATBELTIUNRESTRAINED CHILD FINE - SEAT ' OVERPAYMENT ($10 & OVER) -OVER 25.00 OVERPAYMENT (LESS THAN $10) - OVER RESTITUTION - REST PARKS & WILDLIFE -WATER SAFETY FINES-WSF WCR 0.00 TOTAL ACTUAL MONEY RECEIVED $9,109:60 TYPE: AMOUNT TOTAL WARRANT FEES 660.00:: ENTER LOCAL WARRANT FEES OO RECORD ON TOTAL PAGE OF HILL COUNTRY SOFTWARE MO. REPORT ' STATE WARRANT FEES 50i00P_RECORD ON TOTALPAGEOF HILLCOUNTRYSOFHYARE MO.REPORT DUE TO OTHERS: AMOUNT DUE TO CC18D-60% of: Fine on JVoages 0.00 PLEASEINCLUOE DR.REQUESTINGDIS)URSEMENT DUE TO DA RESTITUTION 0.00 PLEASEINCLLDE DR.REOUESTINGOISBURSEMENT REFUND OF OVERPAYMENTS 25.00 PLEASEINCLUDE D.R.REQUESRNGOISBURSEMENT OUT -OF -COUNTY SERVICE FEE 0.00 1PLEASEINCLUDE D.R. REQUESTING DISBURSEMENT CASH BONDS : 0.00 1PLEASEINCLUDE DA, REQUESTING DISBURSEMENT (IF REQUIRED) TOTAL DUE TO OTHERS $25.00- TREASURERS RECEIPTS FOR MONTH: AMOUNT: H,UHhLBKN, .O.s&C DIT CA DS $9,109.50 Calculate from ACTUAL Treasurers Recelpts TOTAL TREAS. RECEIPTS $ 1 0`- Mum A: I IR • • • I • I .. ! • 3/2/2015 COURT NAME: JUSTICE OF PEACE NO.3 MONTH OF REPORT: FEBRUARY YEAR OF REPORT: 2015 ACCOUNT NUMBER ACCOUNT NAME AMOUNT OR 1000-001-45013 FINES 3,361.75 OR 1000-001-44190 SHERIFF'S FEES 640.91 ADMINISTRATIVE FEES: DEFENSIVE DRIVING 15.80 CHILD SAFETY 0.00 TRAFFIC 52.80 ADMINISTRATIVE FEES 10.00 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 OR 1000-001-44363 TOTAL ADMINISTRATIVE FEES 78.60 OR 1000-001-44010 CONSTABLE FEES -SERVICE 525.00 CR 1000-001-44063 JP FILING FEES 60.00 OR 1000-001-44090 COPIES / CERTIFIED COPIES 0.00 OR 1000-001-49110 OVERPAYMENTS (LESS THAN $10) 0.00 OR 1000-001-44145 SCHOOL CROSSING/CHILD SAFETY FEE 0.00 OR 1000-999-20741 DUE TO STATE -DRIVING EXAM FEE 0.00 OR 1000-999-20744 DUE TO STATE-SEATBELT FINES 0.00 OR 1000-999-20745 DUE TO STATE -CHILD SEATBELT FEE 0.00 OR 1000-999-20746 DUE TO STATE -OVERWEIGHT FINES 0.00 OR 1000-999-20770 DUE TO JP COLLECTIONS ATTORNEY 1,216.60 TOTAL FINES, ADMIN. FEES & DUE TO STATE $5,872.76 OR 2670-001-44063 COURTHOUSE SECURITY FUND $85.73 OR 2720-001-44063 JUSTICE COURT SECURITY FUND $28.58 OR 2719-001-44063 JUSTICE COURT TECHNOLOGY FUND $105.32 OR 2699-001-44063 JUVENILE CASE MANAGER FUND $20.00 STATE ARREST FEES DPS FEES 140.73 P&W FEES 0.00 TABC FEES 0.00 OR 7020-999-20740 TOTAL STATE ARREST FEES 140.73 OR 7070-999-20610 CCC-GENERAL FUND 105.31 OR 7070-999-20740 CCC-STATE 947.84 DR 7070-999-10010 1,053.15 CR 7860-999-20610 STF/SUBC-GENERAL FUND 26.40 OR 7860-999-20740 STF/SUBC-STATE 501.61 DR 7860-999-10010 528.01 OR 7950-999-20610 TP-GENERAL FUND 141.61 OR 7950-999-20740 TP-STATE 141.61 DR 7950-999-10010 283,22 OR 7460-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 0.60 OR 7480-999-20740 CIVIL INDIGENT LEGAL -STATE 11.40 DR 7480-999-10010 12.00 Page 1 of 2 3/2/2015 COURT NAME: JUSTICE OF PEACE NO.3 MONTH OF REPORT: FEBRUARY YEAR OF REPORT: 2015 CR 7865-999-20610 CRIM-SUPP OF IND LEG SVCS-GEN FUND 5.27 CR 7865-999.20740 CRIM-SUPP OF IND LEG SVCS-STATE 47.39 DR 7865-999-10010 52.66 CR 7970-999-20610 TL/FTA-GENERAL FUND 110.00 CR 7970-999-20740 TL/FTA-STATE 220.00 DR 7970-999-10010 330.00 CR 7505-999-20610 JPAY - GENERAL FUND 15.80 CR 7505-999-20740 JPAY - STATE 142.17 DR 7506-999-10010 157.97 CR 7857-999-20610 JURY REIMB. FUND- GEN. FUND 9.63 CR 7857-999-20740 JURY REIMB. FUND- STATE 86.68 150 DR 7857-999-10010 96.31 CR 7856-999-20610 CIVIL JUSTICE DATA REPOS.- GEN FUND 0.14 CR 7856-999-20740 CIVIL JUSTICE DATA REPOS.- STATE 1.22 DR 7856-999-10010 1.36 CR 7998-999-20740 TRUANCY PREVENT/DIVERSION FUND 30.66 DR 7998-999-10010 30.66 CR 7403-999-22889 ELECTRONIC FILING FEE 20.00 DR 7403-999-10010 20.00 Revised 2/4/15 TOTAL (Distrib Req to OperAcct) $8,818.45 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD 0.00 DA - RESTITUTION 0.00 REFUND OF OVERPAYME 25.00 OUT -OF -COUNTY SERVK 0.00 CASH BONDS 0.00 PARKS & WILDLIFE FINE: 266.05 WATER SAFETY FINES 0.00 TOTAL DUE TO OTHERS $291.05 TOTAL COLLECTED -ALL FUNDS $9,109.60 LESS: TOTAL TREASUER'S RECEIPTS $9,109.50 OVER/(SHORT) $0.00 Page 2 of 2 03-02-15;10:34AM;From:Calhoun County JP5 To:5534444 Calhoun County Justice Court, Pct 5 Judge Nancy Pomykal 508 West Main P O Box 464 Port O'Connor, Texas 77982 Phone (361) 983-2351 Fax (361) 983-2461 3-2-15 FACSIMILE TRANSMITTAL ;3619832461 # 1/ 8 To: THE HON. MIKE PFEIFER AND COMMISSIONERS COURT Fax: 361-563-4444 PAGES TO FOLLOW 8 INCLUDING THIS COVER SHEET From: JUDGE NANCY POMYKAL Subject: MONTHLY REPORT OF COLLECTIONS FOR THE MONTH OF FEBRUARY 2015 Comments_:_ Faxing the report of collections of FEBRUARY 2015 Please give me a call if you have any questions. Thank you, °Mal The information contained in the facsimile message is confidential, intended only for the use of the individual or entity named, If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver said message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or the taking of any action in reliance on the contents of this communication is strictly prohibited, If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U. S. Postal Service. 03-02-15;10:34AM;Frorn:Calhoun County JP5 To:5534444 ;3619832461 # 2/ 8 Monty DiotrlbUtion Report JUDGE NANCY POMYXAL M FEBRUARY 2015 Receipt Cause/Defendant, Codco%Amounts Total 375417 1412.0485 02-02-2015 JSF 4.00 CCC 40.00 US 3.00 PWAF 5.00 TF 4.00 250,00 CRAVEN, MATTHEW JOHN JCSF 1.00 JPAY 6.00 IDF 2.00 TPDF 2.00 PWF 183.00 0 T 10 PWR: . .. . ...... 40.00 40,00 375419 1404-0226 02.02-2015 FINE GIPSON, KAT14REEN NICOLE 3 : 00 CCC !.,!. . , 6'6 SAC .i 5 06 227 :TA LORP. DAKQTA W)XXV 41.0 CBF! 0.15. :-:tIPAY 6 00 r D 2 Do:: .26 'Qq 375421 1501-0105 02.02-2015 JSF a.00 TFC 3.00 CCC 40.00 CHS 3.00 SAP 5.00 110,00 WESTtTNG, ANDREW WILLIAM TP 6100 JCSF 1.00 JPAY 6.00 IDF 2.00 MVF 0.10 Money Order SUBC 30.00 TPDF 2.00 DDC 9.90 0 �ZO�5 p . . .......... .. '20": go� 2Q� 0 �n' 375423 1411-0465 02-02-2015 JSF 2.95 TFC 2.21 CCC 29.45 C74S 2.21 LAP J.69 219.00 MELIENDEZ.CRUZ, PRANSISCO TIME 18.40 TF 2.94 JCSF 0.74 JPAY 4,42 IDF 1.47 CaVh MVF 0.07 SUBC 22.09 TPDF 1,,47 . FINE 126,90 X TA0LB*,::k, . CHAR . D .. 0 . R . LAN . DO'- j. 375425 1501-0118 02-03-2015 RXRP 20.00 20.00 BROWN, ROBERT JAMES 375427 1502-0124 02-10-2015 JSF 4.00 TPC 3.00 CCC 40.00 C14S NEWCOMER, TRACEY LEIGH TP 4,00 JCSF 1.00 JPAY 6.00 IDr 375429 L502-0132 02-16-2025 JSF 4.00 TPC 3.00 COG 40.00 CHS LOVETT, JACKIE HESTON TF 4.00 JCSF 140 JPAY 6.00 IDF ,Personal Check $HBO 30.00 TPDF 2.00 FINE 06.90 011a 275431 1502-0128 02-19.2015 'M ROGGE, CHRISTINE ADELE TF 4.00 TPC 3.00 CCC 40.00 C14$ 4.00 JCSF 1100 JPAY 6.00 Y.Dr 3.00 LAP 5.00 227100 2.00 MVP 0.10 .00. SAP 5-00 225;00 ... MV 40 3.00 SAP 5100 157.00 2.00 MVP 0.10 3.00 2.00 37503 1502.0136 02-19-2015 JSF 4.00 TPC 3.00 CCC 40.00 CHS 3.00 CORRELL, MICHAEL CALVIN TP 4.00 JCSF 1.00 JPAY 6.00 IDP 2.00 375435 1407-0311 02-24-2015 JSF RIDDLE, JOSEPH 14VSLBY TIME Jail credit b t. Comphby, Check 375437 1406-0290 02-24-2015 aSV RIDDLE, JOSEPH WESLEY TIME Company Check IDF 375439 1307.0309 D2-24-2015 JSF RITCHIE, BRADLEY K1rTH TF 4,00 CCC 40.00 CMS 3.00 LAY $.00 25.00 TF 4,00 DPSC 50.00 JCSF 1.00 4.00 CCC 40.00 CHS 3.00 LAP 5.00 25.00 TP 4.00 DPSC 30.00 QrC1qv 1.00 2.00 TPDF 2.00 FINE 240.00 CSftV 123160 SAP 5.00 302,00 MOP 0.10 187 Oo: U. 00 mVF 0.10 .5:H 7:' 00 MVF.lz:,:; !0 :lg. i: WRNT 50.00 400.60 JPAY 6,00 .. ..... .... . . .. . . WRNT 50.00 535.60 JPAY 6.00 4.00 CCC 40.00 CHS 3100 PWAT 5.00 WRNT 50.00 4.00 DPSC 30.00 JCSF 1.00 JPAY 6.00 IbF 2.00 03-02-2015 Page 03-02-15;10:34AM;From:Ca1houn County JP5 To:5534444 ;3619832461 # 3/ 8 Money DintribUtion Report 0-wom NANCY 110MYKAL 7p5 FEBRUARY 2015 Receipt CAUDe/Defondant Codea\Amoy to Total Credit Card HSF 100.00 CSRV 73.50 cc:: 40 j 147 A: x ESLIE EMT CA L : � . :TF ... .... .... . ...... '00 ;'�fc�r' .. .. .. ;:. argonal. .. .. ...... A0�.60.. Pi ))F 375441 1403-0193 02-26-2015 JSF 4.00 CCC 40.00 Cus 3.00 LAF 5.00 WRNT 50.00 200.00 MILLER, JOHN JOSEPH TIME 25.00 TF 4.00 DPSC 30,00 JCSF 1.00 JPAY 9.00 Jail Credit ..' —;.t ... .... ... .... IDF 2.06 TPDr 2100 rxNn 20.00 140 . 3;-0j,92:-. . .." 1 7 5 F 4 0 : 0 1. C�C; .. .. 4 Q... 06; 1:..' 1. 1 — SSFH TXMC 2,5 0,0:.:..: . DPSC . C'qK:' j'OU.*;.;:p .0 z 1:0 a. b LT PD., �.. V.* 1 1 * � 2VO.: .,:PxNr* :.20.4. d 375444 1403-0192 02-29-2015 FINE 23D.00 CsRv 129.00 359.00 MILLER, JOHN JOSEPH CoMpany Chock Page 2 03-02-15;10:34AM;From:Calhoun County JP5 To:5534444 ;3619832461 # 4/ 8 Money Distribution Raport JUDGE NANCY POMYXAS, JPS FEBRUARY 2015 Typo Coda DeacriDtioa Count Retained _Divbursed Money -Tot 1 The following totala roprovant - Cash and Checka Col3ootod COST CCC CONSOLIDATED COURT COSTS 13 47.36 426.27 473.63 COST CHS COURTHOUSE SECURITY 13 3S.52 0.00 35.52 COST DPSC UPS FAILURE TO APPEAR /OMNI FEES 2 19.80 40.20 90.00 COST IDF INDIGENT DEFENSE FUND 13 2.37 21.31 23.68 COST JCSF JUSTICE COURT SECURITY FUND 13 11.84 0.00 11.04 COST JPAY JUDGE PAY RAISE FEE 13 7.10 63.95 71.05 COST JSF JUROR SERVICE FUND 13 4.74 42.63 47.37 COST LAP SHERIFF'S FEE 7 29.20 0.00 25.20 COST MVP MOVING VIOLATION FEE 11 0.11 0.56 1.07 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST $AF DPS 6 24.00 6.00 30.00 COST SUDC SUB TITLE C 11 322.09 0.09 322.09 COST TF TECHNOLOGY FUND 13 47,36 0.00 47.36 COST TFC TFC 11 32.21 0.00 32.21 COST TIME TIME PAYMENT FEE 3 34.20 34.20 6B.40 COST TPDF TRUANCY PREVENTION & DIVERSION FUND 13 0.00 23.6B 21,68 COST WRNT WARRANT PRE 2 100.00 0.00 100.00 FEES CSRV COLLECTION SERVICES PER 5 592.80 0.00 562.80 FEES DDC DRIVER SAFETY COURSE - 20L3 2 19.80 0.00 19.80 FEES OFF DEFERRED FEE 5 500.60 0.00 500.60 FEES EXRF EXPIRATION RENEWAL FEE 3 60.00 0.00 60.00 PINE FINE FINE 11 11385.90 0.00 1,386.90 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 FINE WSF WATER SAFETY FINE 0 0.00 0.00 0.00 Money TOta10 21 3,247.00 659.20 3,906.20 The following totala repreoemt - Tranafery Collected COST CCC CONSOLIDATED COURT COSTS 0 0,00 0.00 0.00 COST CHS COURTHOUSE SECURITY 0 0.00 0.00 0.00 COST DPSC DPS FAILURE TO APPEAR /OMNI FEES 0 0.00 0.00 0.00 COST IDF INDIGENT DEFENSE FUND 0 0.00 0.00 0.00 COST JCSF JUSTICE COURT SECURITY FUND 0 0.00 0.00 0.00 COST JPAY JUDGE PAY RAISE FEE 0 0.00 0100 0,00 COST JSF JUROR SERVICE FUND 0 0.00 0.00 0.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST MVP MOVING VIOLATION FEE 0 0.00 0.00 0.00 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAP DPS 0 0.00 0.00 0.00 COST SUEC SUB TITLE C 0 0.00 0.00 0.00 COST TF TECHNOLOGY FUND 0 6.00 0.00 0.00 COST TFC TFC 0 0.00 0.00 0.00 COST TIME TIME PAYMENT FEE 0 0.00 0.00 0.00 COST TPDF TRUANCY PREVENTION & DIVERSION FUND 0 0.00 0.00 0.00 COST WRNT WARRANT FEE 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVICES FEE 0 0.00 0.00 0.00 FEES DDC DRIVER SAFETY COURSE - 2013 0 0.00 0.00 0.00 FEES DFF DEFERRED FEE 0 0.00 0.00 0.00 FEE$ EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FINE FINE FINE 0 0.00 0.00 0.00 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 FINE WSF WATER SAFETY FINE 0 0.00 0.00 0.00 Transfar Totals 0 0.00 0.00 0.00 Tho Following totalo repreaeat - Jail Cradit and Commtnity SorVica COST CCC CONSOLIDATED COURT COSTS 5 20.00 100.00 200.00 COST CHS COURTHOUSE SECURITY 5 15.06 0.00 15.00 COST DPSC DPS FAILURE TO APPEAR /OMNI FEES 3 29.70 90.10 90.00 COST IDF INDIGENT DEFENSE FUND 5 1.00 9.00 10.00 COST JCSF JUSTICE COURT SECURITY FUND 5 5.00 0.00 5.00 COST JPAY JUDGE PAY RAISE FEE 5 3.00 27.00 30.00 COST JSF JUROR SERVICE FUND $ 2.00 I8.00 20.00 COST LAF SHERIFF'S FEE 3 15.00 D,00 19.00 COST MVF MOVING VIOLATION PER 0 0.00 0.00 0.00 COST PWAF TEXAS PARKS & WILDLIFE 2 8.00 2.00 10.00 03-02-2015 Page 3 03-02-15;10:34AM;From:Calhoun County JP5 To:5534444 ;3619832461 # 5/ 8 Money Distribution Report JUDGE NANCY POMYRAL JP5 FRDRUARY 201S Typo Code Description Count Retained Dipbureed Mosey -Totals COST $AF UPS 0 0.00 0.00 0.00 COST SUEC SUE TITLE C 0 0.00 0100 0.00 COST IF TECHNOLOGY FUND 5 20.00 0100 20.00 COST TFC TFC 0 0.00 0100 0.00 COST TIME TIME PAYMENT FEE 3 27.50 37,90 75,00 COST TPDF TRUANCY PREVENTION & DIVERSION FUND 5 0.00 10.00 10.00 COST WRNT WARRANT FEE 3 150,00 0.00 160100 REFS CSRV COLLECTION SERVICES FEE 0 0100 0.00 0100 FEES DDC DRIVER SAFETY COURSE - 2013 0 0.00 0.00 0.00 FEES DFF DEFERRED FEE 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL PEE 0 0.00 0.00 0.00 FINE FINE FINE 3 284,60 0100 254.60 FINE PWF PARKS & WILDLYPE FINE 2 54.90 311.10 369.00 FINE WSF WATER SAFETY FINE 0 0.00 0.00 0.00 Credit Totals The following totals represent - Credit Card Payment0 COST CCC CONSOLIDATED COURT COSTS COST CHS COURTHOUSE SECURITY COST DPSC DPS FAILURE TO APPEAR /OMNI FEES COST IDF INDIGENT DEFENSE FUND COST JCSF JUSTICE COURT SECURITY FUND COST JPAY JUDGE PAY RAISE FEE COST JSF JUROR SERVICE FUND COST LAP SHERIFF'S FEE COST MVF MOVING VIOLATION FEE COST PWAF TEXAS PARKS & WILDLIFE COST SAP DPS COST SUBC SUB TITLE C COST TF TECHNOLOGY FUND COST TFC TFC COST TIME TIME PAYMENT FEE COST TPDF TRUANCY PREVENTION & DIVERSION FUND COST WRNT WARRANT FEE FEES CSRV COLLECTION SERVICES FEE FEES DDC DRIVER SAFETY COURSE - 2013 FEES DFF DEFERRED FEE FEES RXRP EXPIRATION RENEWAL FEE FINE FINE PINE FINE PWF PARKS & WILDLIFE FINE FINE WSF WATER SAFETY FINE Credit TOCalo The following totals represent - Combined Money and Credits COST CCC CONSOLIDATED COURT COSTS COST CBS COURTHOUSE SECURITY COST DPSC DPS FAILURE TO APPEAR /OMNI FEES COST IDF INDIGENT DEFENSE FUND COST JCSF JUSTICE COURT SECURITY FUND COST JPAY JUDGE PAY RAISE FEE COST JSF JUROR SERVICE FUND COST LAP SHERIFF'S FEE COST MVP MOVING VIOLATION FEE COST PWAF TEXAS PARKS & WILDLIFE COST SAP DPS COST SUEC SUB TITLE C COST TF TECHNOLOGY FUND COST TFC TFC COST TIME TIME PAYMENT FEE COST TPDF TRUANCY PREVENTION & DIVERSION FUND COST WONT WARRANT FEE FEES CSRV COLLECTION SERVICES PRE FEES DDC DRIVER SAFETY COURSE - 2013 FEES OFF DEFERRED FEE FEES EXRF EXPIRATION RENEWAL FEE FINE FINE FINE FINE PWF PARKS & WILDLIFE FINE 5 645.70 954,90 11300,60 2 8.00 72.00 80.00 2 6.00 0.00 6.00 1 9.50 20.10 30.00 2 0.40 3.60 4.00 2 2.00 0.00 2.00 2 1.20 1D.80 12.00 2 0.80 7.20 8.00 0 0.00 0.00 0.00 1 0.01 D,09 0.10 1 4.00 1.00 5.00 1 4.00 1.00 5.00 1 30.00 0.00 30.00 2 8.00 0.00 8.00 1 3.00 D.00 3.00 0 0,00 ' 0.00 0100 1 0.00 2.00 2,00 1 50.00 0.00 00.00 1 73.50 0.00 73,50 0 0.00 0.00 0.00 1 201.90 0.00 201.90 0 0.00 0.00 0.00 0 0,00 D,00 0.00 0 0,00 0.00 0.00 1 15.00 $5.00 100.00 2 417.71 202,79 620.50 20 75.36 670.27 753.63 20 56.S2 0.00 56,52 5 59.40 120.60 100.00 20 3,77 33.91 17.00 20 18.04 0.00 16.84 20 11.30 101,75 213.05 20 7.54 67.83 75.37 10 44.20 0.00 44.20 12 0.12 1.65 1,17 3 12.00 3.00 15.00 7 28.00 7.00 35.00 12 352.09 0.00 352.09 20 75.39 0.00 75,36 12 35.21 0.00 35.21 6 71.70 71.70 143.40 19 0.00 35.68 35.60 6 300.00 0.00 300.00 6 636.30 0.00 636,30 2 19.80 0.00 19.80 6 702.50 0.00 702.50 3 60.00 0.00 60.00 14 1,670.50 0.00 1,670,50 2 54.90 311,10 366.00 03-02-2015 Page 03-02-15;10:34AM;From;Calhoun County JP5 To:5534444 ;3619832461 # 6/ 8 Money Diatribution Report JUDGE NANCY EOMYXAL JP5 FEBRUARY 2015 Type Coda Deacription COw+t Retained Dieburead Mersey-TGCa10 FINE 41SF WATER SAFETY FINE 1 15.00 85.00 100.00 Report TOCala 20 4,310.41 1,516.09 5, 027.30 Page 03-02-15;10:34AM;From:Calhoun County JP5 To:5534444 ;3619832461 # 7/ 8 Money Distribution Roport JDDGR' NANCY PONYWiG JP5 PEBRVARY 2015 Data Payment Type Pines Court Ceeta Fees EQU40 Restitution Other Total 00-00-0000 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.OD 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 09-01.1991 Cash & Checks Collected 0,00 0.00 0.00 0.00 0.00 O.OD 0.00 Jail Credits & Comm Service 0,00 0.00 0.00 0.00 0.00 0.00 0.00 CXodit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Of all Collectionn 0.00 0.00 0.00 0.00 0.00 6.00 0.00 09-01-1993 C&Sh & 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 0.60 0.00 0.00 0.00 Credit Carda & 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 09-01-1995 Cash f, Checks Collected O.DO O,OD 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service O.DO 0.00 0.00 0.00 0.00 0100 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 D.00 0.00 0.00 09-01.1997 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 0100 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 O.DO 0.0D 0.00 0.00 0.00 0.00 0.00 09-D1-1999 Cash & Checks Collected 0100 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 0.06 0.00 0.00 9.00 0.00 Total of all Collections 0100 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 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 0£ all Collections 0.00 0.00 0.00 0.00 0.00 0100 0.00 09-01-2003 Cash & Checks Colleehed 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.OD 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 1,385.90 1,377,10 1,143.20 0.00 0.00 0.00 3,906.20 Jail Crodite & Comm Service 650.60 650.00 0.00 0.00 0.00 0.00 1,300.60 Credit Cards & Transfers 100.00 245.10 275.40 0.00 0.00 0.00 620.$0 Total of all Collections 21136.50 2,272.20 1,418.90 0.00 0.00 0.00 51027,30 TOTALS Cash & Cheeks Collected 11385.90 1,377.10 1,143.20 0.00 0.00 0.00 3,906.20 Jail Credits & Comm Service 650.60 650.00 0.00 0,00 0.00 0.00 1,300.60 Credit Cards & Transfers 100.00 265,10 275.40 0.00 0.00 D.00 620.SO Total of all Collections 21130.50 2,272,20 1,418.90 0.00 0.00 0.00 $,827.30 0D-02-2015 -- Page 6 03-02-15;10:34AM;From:Calhoun County JP5 To:5534444 ;3619832461 # 8/ 8 Money Distribution Report Doucription JUDGE NANCY Count POMYKAL JP5 FEBRDARY 2015 Collected Retained Disbursed State Of Texas Quarterly Reporting Totals State Comptroller Cost and Fees Report Section I; Report for Offenoes Committed 01-01-04 Forward 27 905.72 905.72 0.00 00-01-01 - 12.31.03 0 0.00 0.00 0.00 08-31.99 - 00-31-01 0 0.00 0.00 0,00 09-01-97 - 00.30.95 0 0.00 0.00 0.00 09-01-01 - 00-31-97 0 0.00 0.00 0.00 Bail Bond Fee 0 0.00 6.00 0.00 DNA Testing Fee - Convictions 0 0.00 0.00 0.00 DNA Testing Fee - Comm Supvn 0 0.00 0.00 0.00 DNA Testing Fee - Juvenile 0 0.00 0.00 0.00 EMS Trauma Fund (EMS) 0 0.00 0.00 0.00 Juvenile Probation Diversion Fees 0 0.00 0.00 6.00 Jury ROimbursament Fee SS S5.37 9.54 49.83 Indigent Defense Fund 15 27.68 2.77 24.91 Moving Violation Fees 12 1,17 0.12 1.05 State Traffic Fine 0 0.00 0.00 0.00 Section II, As Applicable Peace Officer Fees a 40.00 32.00 0.00 Failure to Appoar/Pay Fees 3 90.00 29.70 60.10 Judicial Fund - Const County Court 0 0.00 0.00 0.00 Judi Cial Fund - Statutory County Court 0 0.00 0.00 0.00 Motor Carrier Weight violations 0 0.00 6.00 Time Payment Fees 3 68.40 34.20 0.00 34.20 Driving Record Fee 0 0.00 0.00 0.00 Judicial Support Fee 15 83.05 8.30 74.75 Truancy Prevention and Diversion Fund 0 0.00 0.00 0.00 Report Sub Total 98 1,271.39 11018,35 253.04 $Cato Comptroller Civil Foos Report CF; Birth Certificate Fees D 0.00 0.00 0.00 CPS Marriage Liconun roes 0 0.00 CF: Declaration of Informal Marriage 0 0.00 0.00 0.00 Cr; Nondisclosure Fees 0 0.00 0.00 CF: Juror Donations 0 0.00 0.00 0.00 0.00 0.00 0.00 CF: Justice Court Indig Filing Foos 0 0.00 0.00 0.00 CF: Stat Prob Court Indig Filing Foos 0 0.00 0.00 CF: Stat Prob Court Judie Filing Fees D 0.00 0.00 0.00 0.00 CF: Stat Cnty Court Indig riling Fees 0 0.00 0.00 0.00 CF: Scat Cnty Court JUdic Filing Fees 0 0.00 0.00 0.00 CF: Cnst Cnty Court Indig riling Foos 0 0.00 0.00 CF: Cnst Cnty Court Judie Filing Fees 0 0100 0.00 0.00 CF: Diet Court Divorce & Family Law 0 0.00 0.00 0.00 CF: Dist Court Ocher Divorce/Family Law 0 0.00 0.00 0.00 CP: Dist Court Indig Legal Sorvicos 0 0.00 0.00 0.00 0.00 CF: Judicial Support Fee 0 0.60 0.00 D.00 Report Sub Total 0 0.00 0.00 0.00 Total Due For This Period 96 1,271.39 11018.35 253.04 L• 1:2:2 :Z0P/_\ S•] 2 ]a\7 :Zf 7 I In Commissioner Fritsch made a motion to approve the following February payrolls: • February 13, 2015 $ 243,744.40 • February 27, 2015 241,473.76 TOTAL $ 485,218.16 Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY PAYROLL 2015 MONTH / FEBRUARY Payroll through 02-13-2015 Payroll through 02-27-2015 $ 243,744.40 $ 241,473.76 APPROVED TOTAL PAYROLL $ 485,218.16 The items listed above have been pre -approved by all Department Heads and I certify that funds were available to pay the obligations. I certify that the above is true and correct to the best of my knowledge March 9, 2015. RIAONDA S. KOKENA, CALHOUN COUNTY TREASURER ACCEPTED AND APPROVED THIS THE I2* DAY OF March , 2015 IN THE CALHOUN COUNTY COMMISSIONERS' COURT, PORT LAVACA, TEXAS 77979. r MAR 12 2Q15 CALK)UN COUNTY COMMISSIONERS COURT" APPROVAL OF BILLS: Commissioner Fritsch made a motion to approve and pay Memorial Medical Center bills in the amount of $4,489,020.41, Indigent Health Care Expenses in the amount of $48,897.50 for a total of $4,537.917.91. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Commissioner Fritsch made a motion to pay County bills, Vendor Disbursements in the amount of $564,519.66, EFT — Transfer from Money Market Account to Operating Account (NOW) in the amount of $1,670,000.00, Calhoun County Indigent Health Care in the amount of $48,897.50, Calhoun County Operating Account $600.00, for a total transfer between funds of $1,719,497.50; total amount for approval is $2,284,017.16. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ----- March 12, 2015 PAYABLES AND PAYROLL 12/30/2014 Net Payroll $ 240,229.77 1/2/2015 Payroll Liabilities 88,128.87 1/2/2015 Weekly Payables 120,065.22 1/5/2015 McKesson Drugs 2,190.83 1/7/2015 Weekly Payables 23,769.46 1/7/2015 Patient Refunds 14,306.65 1/8/2015 MMC Clinic Construction 66,127.54 1/8/2015 Weekly Payables 336,426.64 1/12/2015 Weekly Payables 500.00 1/12/2015 McKesson Drugs 1,504.48 1/13/2015 Weekly Payables 10,362.00 1/13/2015 Net Payroll 238,517.91 1/15/2015 TCDRS 104,854.29 1/15/2015 Weekly Payables 65,397.92 1/19/2015 McKesson Drugs 2,222.72 1/20/2015 Payroll Liabilities 86,969.32 1/23/2015 Patient Refunds 88.27 1/23/2015 Weekly Payables 357,892.96 1/26/2015 McKesson Drugs 2,918.21 1/27/2015 Credit Card 942.81 1/27/2015 Credit Card 2,982.98 1/27/2015 Patient Refunds 614A5 1/27/2015 Net Payroll -Checks 627.43 1/27/2015 Net Payroll 243,063.33 1/28/2015 Weekly Payables 296,506.05 1/30/2015 Weekly Payables 79,981.13 1/31/2015 Monthly Electronic Transfers for Payroll Expenses(not inel above) 3,411.78 1/31/2015 Monthly Electronic Transfers for Operating Expenses 2,894.19 Total Payables and Payroll INTER -GOVERNMENT TRANSFERS 1/5/2015 Inter -Government Transfers for January 2015 1,344,457.94 Total Inter -Government Transfers INTRA-ACCOUNT TRANSFERS 1/2/2015 From Operating to Private Waiver Clearing Fund 167,509.13 1/2/2015 From Private Waiver Clearing Fund to Operating 583,556.13 Total Intra-Account Transfers SUBTOTAL MEMORIAL MEDICAL CENTER DISBURSEMENTS INDIGENT HEALTHCARE FUND EXPENSES $ 2,393,497.21 $ 1,344,457.94 $ 761,065.26 $ 4,489,020.41 $ 48,897.50 GRAND TOTAL DISBURSEMENTS APPROVED 3/1212015 $ 4,637,917.91 MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ----March 12, 2015 INDIGENT HEALTHCARE FUND: INDIGENT EXPENSES Adu Sports Medicine Clinic (Ayo Adu MD) Community Pathology Associates Mau-Shong Lin MD MMC (Pysician Fees $335.72/ln-patient $22,634.161 Out -patient $6,139.33 / ER $10,476.57) Port Lavaca Anesthesia Group Port Lavaca Clinic Radiology Unlimited PA Regional Employee Assistance Victoria Kidney & Dialysis Victoria Professional Medical SUBTOTAL 337.23 273.19 49.66 39,585.78 914.07 1,338.43 214.39 523.55 33.27 524.39 43,793.96 Memorial Medical Center (Indigent Healthcare Payroll and Expenses) 5,103.54 TOTAL APPROVED INDIGENT HEALTHCARE FUND EXPENSES 48,897.50 **$370.00 in Co -Pays were collected by Memorial Medical Center in January March 12, 2015 2015 APPROVAL, LIST - 2015 BUDGET 40 BALANCE BROUGHT FORWARD FROM APPROVAL LIST REPORT PAGE 39 $ 219,407.73 FICA P/R $ 41,165.24 MEDICARE P/R $ 9,627.32 FWH P/R $ 32,687.42 AFLAC P/R $ 5,419.96 NATIONWIDE RETIREMENT SOLUTIONS P/R $ 2,880.48 OFFICE OF THE ATTORNEY GENERAL - CHILD SUPPORT P/R $ 1,175.01 PRINCIPAL FINANCIAL GROUP P/R $ 3,841.54 TEXAS COUNTY & DISTRICT RETIREMENT SYSTEM P/R $ 127,633.80 TMPA P/R $ 336.00 UNITED WAY OF CALHOUN COUNTY P/R $ 18.00 WILLIAM E. HEITKAMP, TRUSTEE P/R $ 993.83 BEN E KEITH FOODS A/P $ 7,220.22 CABLE ONE A/P $ 412.34 CENTERPOINT ENERGY A/P $ 127.86 CITY OF POINT COMFORT A/P $ 83.06 CITY OF PORT LAVACA A/P $ 154.30 CITY OF SEADRIFT A/P $ 249.73 DALLAS DODGE CHRYSLER JEEP A/P $ 101,925.00 GBRA A/P $ 180.90 JACKSON ELECTRIC COOP, INC. A/P $ 489.39 LA WARD TELEPHONE EXC. INC. A/P $ 299.60 MCI MEGA PREFERRED A/P $ 377.36 POC MUD DISTRICT A/P $ 398.43 REPUBLIC SERVICES #847 A/P $ 1,277.40 SPRINT A/P $ 169.85 TISD, INC A/P $ 49.99 VERIZON SOUTHWEST A/P $ 1,874.39 VICTORIA ELECTRIC CO-OP A/P $ 2,740.32 WASTE MANAGEMENT A/P $ 1,303.19 TOTAL VENDOR DISBURSEMENTS: $ 564,519.66 EFT - TRANSFER FROM MONEY MARKET ACCT TO OPERATING ACCT (NOW) AN $ 1,670,000.00 CALHOUN COUNTY INDIGENT HEALTH CARE AT $ 48,897.50 CALHOUN COUNTY OPERATING ACCOUNT A/P $ "$ 600.00 TOTAL TRANSFERS BETWEEN FUNDS: 1,719,497.50 TOTAL AMOUNT FOR APPROVAL: $ 2,284,017.16 CONSIDER AND TAKE NECESSARY ACTION TO ACCEPT DONATIONS TO CALHOUN COUNTY: N/A CONSIDER AND TAKE NECESSARY ACTION ON THE MATTER OF DECLARING CERTAIN ITEMS OF COUNTY PROPERTY AS SURPLUS/SALVAGE.- N/A CONSIDER AND TAKE NECESSARY ACTION ON MATTER OF TRANSFERRING CERTAIN ITEMS OF COUNTY PROPERTY FROM ONE COUNTY DEPARTMENT TO ANOTHER COUNTY DEPARTMENT (SEE LIST): N/A CONSIDER AND TAKE ACTION ON ANY NECESSARY BUDGET ADJUSTMENTS: Commissioner Fritsch made a motion to approve budget adjustments. 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EF W j Z _IL =W =0 W EO N =W J E� =z o m U - E_ Z ® LLI Y� W ..E �. 0~C W � L o c ® Z LL Q m CV a 0 0 F- z W rt F- a 0 0 0 z 1%0®w R CONSIDER AND TAKE NECESSARY ACTION ON SINGLE SOURCE, EMERGENCY AND PUBLIC WELFARE PURCHASES AND BILLS: N/A PUBLIC DISCUSSION OF COUNTY MATTERS: Susan Riley informed the Court they had been invited to a meeting of the Victoria County Health Department on March 17, 2015. She stated Kathy Dietzel of the Health Department had sent her an invitation which she will forward to the Court. Per Judge Pfeifer, notice of that meeting will be posted. Ms. Riley also stated that agenda item #9 regarding the agreement for the County Clerk's office should read "between Tyler Technologies and the Calhoun County Clerk's Office", not Chase Paymentech. Commissioner Fritsch made a motion to amend the wording of agenda item #9 to read "Consider and take necessary action on agreement between Tyler Technologies and the Calhoun County Clerk's office and authorize County Judge to sign." Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. MEETING ADJOURNED AT 10:28 A.M.