2015-12-10 (#2)AFFILIATION AGREEMENT BETWEEN WHARTON COUNTY JUNIOR COLLEGE EMS TRAINING
PROGRAM AND CALHOUN COUNTY EMS AND AUTHORIZE EMS DIRECTOR CARL KING TO SIGN:
Commissioner Galvan made a motion to approve Affiliation Agreement between Wharton County Junior College
EMS Training Program and Calhoun County EMS and authorize EMS Director Carl King to sign.
Commissioner Fritsch seconded the motion.
Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
Susan Riley -
From: Carl King <clking@att.net>
Sent: Thursday, December 03, 2015 2:06 PM
To: Susan Riley
Subject: Affiliation agreements
Attachments: Calhoun County EMS Affiliate Agreement (1).doc; CalhounCoEMSAFFAG_2016 (5).pdf
Susan,
I have attached copies of two affiliation agreements. One is from Wharton County Junior College and the
other is from Lifesource Educational Services, LLC. Both agreements are in place so that EMS students can
perform some of their clinical time with our department. The agreements require my signature and I am
requesting that the items be placed on the next Commissioners Court agenda so I can be authorized to sign
Thank you Ma'am and I will see you soon.
Take Care,
Carl Lee King
AFFILIATION AGREEMENT
WHARTON COUNTY JUNIOR COLLEGE
EMS TRAINING PROGRAM
AND
CALHOUN COUNTY EMS
THIS AGREEMENT, is executed on this 1" day of January 2016 entered into by and
between the WHARTON COUNTY JUNIOR COLLEGE ("College"), and Calhoun County
EMS, a body corporate and politic acting herein by and through Calhoun County EMS
("County").
WITNESSETH:
THAT WHEREAS, the County owns and operates a department known as Calhoun
County, Emergency Medical Services ("EMS"); and
Whereas, the parties agree that it would be to their mutual advantage and in their mutual
best interest for students of the College to have the opportunity to utilize the facilities of the
County's Emergency Medical Services Department ("Facilities");
NOW, THEREFORE, in consideration of the mutual promises herein contained, the
parties hereby agree as follows:
(1) The County will permit students of the College to practice Emergency Medical
Technology under the direct supervision and responsibility of the faculty of the
College. Individual faculty members will, in turn, be responsible to the
Emergency Medical Service Director, Preceptor, Supervisor, or Crew Person,
designated by the Emergency Medical Services for the County for the Emergency
Medical Technology activities of the students. A faculty member/instructor from
the College will be available on call.
(2) The number, assignment to and distribution of students between the divisions of
the EMS will be mutually agreed upon between the College and the County at the
beginning of each semester.
(3) Assignments shall occur during regular College academic sessions, except in the
instance of special arrangement, such as for workshop participants, and as agreed
upon by the County.
(4) The College will provide the County with the names of the students who are
entitled to use the resources of the Facilities under the terms of this agreement.
(5) The College will not discriminate against any applicant for enrollment in its
course of study because of race, color, creed, national origin, or any other basis.
(6) The College shall instruct all students and faculty members in the legal aspects of
confidentiality. All students and faculty members shall respect the confidentiality
nature of all information which may come to them with respect to the patient,
hospital, and county records, to the extent prescribed by law.
(7) Representatives of the College and the County shall meet as often as necessary to
study the Emergency Medical Technology program and terms of this agreement
and make such suggestions and changes as are needed.
(8) The College will arrange for liability and malpractice insurance coverage
acceptable to the County for its faculty members and students assigned to the
Facilities. The College will provide the County with a copy of all policies.
(9) It is understood between the parties that under no circumstances is any member of
the College's student body or faculty or staff member to be considered an agent,
servant and/or employee of the County.
(10) College personnel, faculty, and students will be subject to the rules and
regulations established by the County for the division of the EMS to which they
are assigned:
(a) The County will charge the College no fees for Emergency Medical
Technology practice opportunity afforded students;
(b) Students will be responsible for their own meals, laundry, and
transportation to and from the Facilities; and
(c) The County will not be charged for services performed by the College's
personnel, faculty, and/or students. Students and faculty members shall not
be deemed to be employees, agents or servant of the County, and shall not
be entitled to any of the privileges or benefits of County employment.
(11) The salaries and expenses of any instructor, supervisor, or other employees of the
College will be paid by the College. The College agrees that members of its
faculty will serve as consultants and on committees of the County when
requested by the County and mutually agreed upon by the College and the
County.
(12) The County further agrees as follows:
a.) To maintain the criteria for accreditation as established by the Joint
Review Committee on education in Emergency Medical Technology, or
other appropriate accrediting agencies;
b.) To provide the College the necessary space or facilities for conferences
and classroom areas or student teaching, as available;
c.) To provide lounge and locker space for students, as available;
d.) To allow students and faculty members of the College to utilize the
County's eating facilities at the students' and faculty's sole expense; and
e.) To plan jointly with all programs involved, when the resources are utilized
as a clinical laboratory by groups other than the College.
This Agreement shall remain in effect for a term beginning January 1, 2016 and ending at
midnight on December 31, 2020 unless otherwise terminated as provided herein. Either
party may terminate this Agreement without cause upon thirty (30) days written notice to
the other party. Notice shall be given by registered or certified mail, return receipt
requested, to the other party at the addresses set out below:
Calhoun County EMS
705 County (toad 101
Port Lavaca, "texas 77979
Attention: Carl King,
EMS Director
Wharton County Junior College
911 Boling Highway
Wharton, TX 77488
Attention: Gary Bonewald,
EMS Program Director
EXECUTED by the parties on the dates indicated, but effective January 1, 2016
CALHOUN COUNTY EMS
Carl King, Calhoun Count EMS Director
-_J
Date: /, /!r` yr
WHARTON COUNTY JUNIOR COLLEGE
M
Date:
By:
Leigh Ann Collins, Vice President of Instruction
Betty McCrohan, President
FIELD INTERNSHIP AFFILIATION AGREEMENT BETWEEN CALHOUN COUNTY EMERGENCY
MEDICAL SERVICE AND LIFESOURCE EDUCATIONAL SERVICES LLC AND AUTHORIZE EMS
DIRECTOR CARL KING TO SIGN:
Commissioner Galvan made a motion to approve Field Internship Affiliation Agreement between Calhoun County
Emergency Medical Service and Lifesource Educational Services LLC and authorize EMS Director Carl King to sign.
Commissioner Fritsch seconded the motion
Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
Susan Riley
From: Carl King <clking@att.net>
Sent: Thursday, December 03, 2015 2:06 PM
To: Susan Riley
Subject: Affiliation agreements
Attachments: Calhoun County EMS Affiliate Agreement (1).doc; CalhounCoEMSAFFAG_2016 (5).pdf
Susan,
I have attached copies of two affiliation agreements. One is from Wharton County Junior College and the
other is from Lifesource Educational Services, LLC. Both agreements are in place so that EMS students can
perform some of their clinical time with our department. The agreements require my signature and I am
requesting that the items be placed on the next Commissioners Court agenda so I can be authorized to sign.
Thank you Ma'am and I will see you soon.
Take Care,
Carl Lee King
FIELD INTERNSHIP AFFILIATION AGREEMENT
BETWEEN
Calhoun County
Emergency Medical
Service
705 County Road 101
Port Lavaca, Texas
77979
361.552.1140
AND
LifeSource Educational Services, LLC
PO Box 3544
Victoria, Texas 77904
361.649.7567
It is mutually agreed by Calhoun County Emergency Medical Service, Port Lavaca, Texas,
hereinafter referred to as "affiliate" and LifeSource Educational Services, LLC hereinafter
referred to as "LES", that the field internship experience for students enrolled in the
Emergency Medical Service Program at LES will be provided at Calhoun County Emergency
Medical Service.
It is agreed that LES and the affiliate will jointly select and assign learning experiences. LES
will provide the service with a list of learning objectives and schedule of student
assignments prior to the beginning of each experience.
LES and Calhoun County Emergency Medical Service are affirmative action/equal opportunity
institutions in regards to all programs and activities. No discrimination shall be made
between individuals with regard to race, color, religion, national origin, sex, age, or
handicap.
OBJECTIVE AND SCOPE OF FIELD INTERNSHIP:
The field internship is a period of supervised experience on an EMS vehicle which provides
the student a progression of increasing patient care responsibilities proceeding from
observation, to supportive roles, and finally acting as a team member. The affiliate must be
licensed by the Texas Department of State Health Services as an EMS Provider and the
vehicle must be staffed, equipped, and operate at least at the level the student is in training;
i.e. BLS vehicle for EMT -Basic students, ALS for EMT -Intermediate students, and MICU for
Paramedic students. This agreement supports the training for EMT -Basic and students being
trained at the Advanced level (ex: EMT -Intermediate). The student must at all times be under
the direction and supervision of an assigned preceptor. The preceptor must be currently
certified to at least the level of which the student is in training. The initial student role shall
be that of observer. After participating in actual patient care, the student may finally function
as a patient care leader. However, the student shall not be placed in a position of being a
necessary part of the regular EMS team. The team shall function without any necessary use
of the student.
LES RESPONSIBILITIES:
LES EMS Program agrees to:
a. Place only those students who are registered and academically qualified for
internship experience for the purpose of learning in the field setting.
b. Confer with the affiliate's administration, prior to registration for each semester,
concerning the assignment of students to the service.
C. Provide the affiliate with a detailed schedule including student name, date &
times of assignment, and level of student training.
d. Conduct administrative and educational activities of the EMS Program according
to the established policies of LES. These include provisions for students health; keeping
records of students' experiences, such as records of rotations, attendance, and
proficiency; and evaluation and counseling of students with regard to performance.
e. Guarantee that each student has a report of current immunizations and TB test
results. The report shall include immunization history for diphtheria/tetanus,
measles/mumps/rubella, and if applicable, HBV. TB tests results must be within one
year of program entry and must be repeated annually throughout the program.
f. Guarantee that each student and faculty member has professional liability
insurance coverage. Terms of coverage or copies of the policy are available at the LES
office.
g. Guarantee that each faculty member and student agrees to abide by the policies
and procedures as set forth by the affiliate and LES.
h. If a student sustains injury, sudden illness, or exposure to communicable disease
or bodily fluids occurs during performance of duties; said injury, illness, or exposure will
be handled according to LES and affiliate policy. The student is responsible for any cost
of medical treatment.
AFFILIATE RESPONSIBILITIES:
The Calhoun County Emergency Medical Service agrees to:
a. Provide for EMS Program students, without compensation to the student,
assignments to the affiliate for purpose of field internship experience. Provide and
assign preceptors for each student experience.
b. Provide overall control and supervision of patient care.
C. Provide orientation of assigned EMT Program students.
d. Maintain a qualified staff, vehicles, and equipment as required by the Texas
Department of State Health Services.
e. Evaluate student field performance and communicate the results to the EMS
Program Clinical Coordinator.
PRECEPTORS:
The field preceptor is the person responsible for overseeing the student's activities during
an ambulance rotation. Preceptors must be certified to at least the level of certification the
student is currently seeking. Preceptors will be jointly approved and oriented by LES and
the affiliate. The preceptor does not have to be present during basic, non-invasive care,
but must direct and witness any invasive procedure. Preceptors are also responsible for
evaluating student clinical performance and reporting to the LES Program Clinical
Coordinator. A list of approved preceptors will be maintained by the affiliate.
SCHEDULING:
Date and time perimeters will be finalized prior to scheduling any rotations. If the affiliate
has or establishes any other affiliations, assignments will be coordinated to avoid
duplication of schedules. Students will schedule rotations through the LES EMS Program's
Clinical Coordinator according to date/time perimeters set by the affiliate, preceptor
availability, and their personal schedule. LES will submit to the affiliate, a schedule
indicating the date, times, student name, and training level.
TERMS OF AGREEMENT:
This affiliation will be effective when all parties have signed this agreement. It will be
effective for a one year period beginning/ending 1/1/16-12/31/16; provided however, this
agreement may be terminated at any time for cause and/or violations of the terms herein.
Furthermore, either party may terminate this agreement upon ninety (90) days written
notice to the other party. A new agreement may be initiated if major changes or revisions in
policies are considered necessary by LES or the affiliate.
r ,
Chris Ramirez, lr. Date tzd Date
EMS Program Director
LifeSource Educational Services
FY2015 ASSISTANCE TO FIREFIGHTERS GRANT (AFG) PROGRAM TO PROVIDE FUNDING TO
ASSIST EMERGENCY MEDICAL SERVICE DEPARTMENTS MEET THEIR EMERGENCY RESPONSE
NEEDS AND AUTHORIZE EMS TO APPLY FOR SAID GRANT:
EMS Director Carl King stated the grant focuses on needs for personnel safety.
Commissioner Lyssy made the motion to approve FY2015 Assistance to Firefighters Grant (AFG) Program to
provide funding to assist Emergency Medical Service departments meet their emergency response needs and
authorize EMS to apply for said grant.
Commissioner Fritsch seconded the motion.
Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
Susan Riley
From:
Carl King <clking@att.net>
Sent:
Thursday, December 03, 2015 4:37 PM
To:
Susan Riley
Subject:
Grant
Attachments:
Homeland Security Grant.pdf
Susan,
Please place the following on the Courts agenda as well.
I will be asking for permission to pursue a grant for equipment through funding from the U.S. Department of
Homeland Security. It is entitled "Assistance To Firefighters Grant (AFG) Program. The program will provide
funding to assist fire departments and emergency medical service departments meet their emergency
response needs.
Thanks,
Carl
Homeland
"A'
�Security
" of Homeland Secmity
Washington, DC 20529
NOTIFICATION OF FUNDING OPPORTUNITY ANNOUNCEMENT (NOFO)
GRANT GUIDANCE AND APPLICATION AVAILABILITY
FISCAL YEAR 2015
ASSISTANCE TO FIREFIGHTERS GRANT (AFG) PROGRAM
To: Members of Congress
From: Federal Emergency Management Agency
Subject: Fiscal Year 2015 Assistance to Firefighters Grant (AFG) Program NOFO Release
Date: December 1, 2015
Comments:
This serves as notification that the U.S. Department of Homeland Security's Federal Emergency
Management Agency's Fiscal Year 2015 Assistance to Firefighters Grant Program (AFG) will open on
Monday, December 7, 2015 at 8:00 am eastern time. The application period for the FY 2015 AFG
Program closes on January 15, 2015 at 5:00 pm eastern time.
The Department gf1lomeland Security Appropriations Act, (Pub. L. 113-76) provides $306,000,0001 in
AFC Program funding to assist fire departments and nonaffiliated ambulance and emergency medical
service organizations meet their firefighting and emergency response needs. The AFG Program enables
these organizations to obtain the tools and resources necessary to more effectively protect the health and
safety of the public and emergency response personnel.
0 Grant guidance for this program will be available at www.grants. ov, and at
http://www.fema.2ov/lire ran nts/afggrants/iiidex.shtm. Further, the "Get Ready Guide", available
at litip://www.fema.gov/pdf/firearatits/Get Ready Guide.pdf , may also be useful for potential
applicants and is provided to answer questions and to help prepare grant applications.
Contact Information: For fire departments / applicants requiring assistance please visit
www.fema.gov! *rt ants, or contact the AFG Help Desk at fu'egrants cr fema.aov or
1,866,274.0960. For congressional inquiries contact Chris Rizzuto at (202) 786-9450, Jay }carper
at (202) 447-0458 or Laura Cirillo Edwards at (202) 212-3041.
Note that this figure differs from the total amount appropriated under the Department ofElomelt+tnd Securityjlppropriations
Act, 2015, Pub_ L. No. 114-4. In this FY 2015 AF'G NOFO, percentages of"available granijund," refers to the total amount
appropriated--S340,000,000--by Pub. L. No. 114-4 to meet the statutory requirements of § 33 of the Federal l ire
Prevention and Control Act of 1974, Pub, L. No. 93-498, as amended (15 U.S.C. § 2229). A portion of these "available grant
funds' will be allocated to the Fire Prevention & Safety (FP&S) program, which will have a separate NOFO and application
period. $34,000,000 will be allocated to FP&S for FY 2015.
PURCHASE OF RUN REPORT SOFTWARE FROM ESO SOLUTIONS, INC. FOR EMS AT A PURCHASE
PRICE OF $9,975 FOR THE FIRST YEAR AND SUBSEQUENT YEARS AT $8,480 AND AUTHORIZE EMS
DIRECTOR CARL KING TO SIGN CONTRACT:
No action taken
Susan Riley
From:
Carl King <clking@att.net>
Sent:
Monday, December 07, 2015 8:34 AM
To:
Susan Riley
Subject:
Run Report Software
Attachments:
SKMBT_22315120708300.pdf
Susan,
Please place the following on court agenda:
The purchase of run report software from ESO Solutions, Inc. at the first year's price of $9,975.00 and
subsequent years at $8,480.00. If the purchase is approved, I will need authorization from the court to sign
the contract. I will be available to answer questions this week prior to the meeting and I will also be present
at the meeting to answer questions.
Thank You,
Carl Lee King
SUBSCRIPTION AGREEMENT
This Subscription Agreement (die Agreement') is entered into this day of 20 ("Effective
Date") by and between ESO SOLUTIONS, INC., a Texas corporation with its principal place of business at 9020 N Capital of Texas
Highway, Building E7300, Austin, Texas 79759 ('ESO"), and Calhoun County EMS with its principal place of business at 705 County Road
101 Port Lavaca, Tx 77979 ("Customer") (each a `Party"_and collectively the "Par ies").
WHEREAS, 15SO is in the business of providing software serviecs (the "Servle&') to businesses and municipalities; and
WHEREAS, Customer desires to obtain these Services from ESO, all upon the terms and conditions set forth herein;
NOW, THEREFORE, for and in consideration of the agreement made, and the payments to be made by Customer, the Parties
mutually agree to the following:
1. SeWlees. ESO agrees to provide Customer the Services selected by Customer on Exhibit A attached hereto and incorporated by
reference herein. Customer agrees that Services purchased hereunder are neither contingent.on the delivery of any future- functionality
or future features, nor dependent on any oral or written public comments made by ESO regarding fuduo functionality or future features.
2. Term, The Tenn ofthis Agreement shall commence on the Effective Date and shall terminate one year after the Effective Date ("Initial
Term'). THE AGREEMENT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE RENEWAL TERMS OF ONE YEAR,
UNLESS ONE PARTY GIVES THE OTHER PARTY WRITTEN NOTICE THAT THE AGREEMENT WILL NOT RENEW, AT
LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE CURRENT TERM,
3. Subscrimion trees. Invoices and Payment Terms.
a, Subscription Feess, Customer shall pay to ESO the fees for the Services as described in Exhibit A (the "&bse4ption Fees'). ESO
may evaluate Customer's usage and adjust Customer's invoice based on changes in Customer usage as indicated in Exhibit A.
ESO shall have the option to increase pricing, except during the Initial Term, as long as Uprovides at least sixty (60) days' notice
ofsuch increase to Customer prior to automatic renewal under Section 2 above.
b. Payment of Involves. Customer shall pay the full amount of invoices within thirty (30) days of receipt (the `Due Date").
Customer is responsible for providing complete and accurate billing and contact information to ESO and to notify ESO of any
changes to such information.
c, Disputed Invoices. If Customer in good With disputes a. portion of an invoice, Customer shall remit to ESO, by the One Date, full
payment of the undisputed portion of the invoice. In addition, Customer must submit written daeumentation: Ill identifying the
disputed amount, (ii) an explanation as to why the Customer believes this amount is incorrect, (Ili) what the correct amount should
be, and IN) written evidence supporting Customer's claim. If Customer does not notify ESO of a'disputed invoice by the Due
Date, Gyrsiomer shall have waived its right to dispute that invoice. Any disputed amounts determined by ESO to be payable shall
be due within ten (10) days of such determination.
4. Termination.
a. Termination by Customer for ESO Def ad If ESO fails to perform a material obligation under this Agreement and does not
remedy such failure within thirty (30) days following written notice from Customer (` ESD De, fault'), Customer may terminate this
Agreement without incurring further liability, except for the payment of all accrued but unpaid Subscription Fees. If ESO is unable
to provide Service(s) for ninety (90) consecutive days due to a Force Majeum event as defined in Section 16a, Force Mgleure,
Customermay termivatethe affected Service(s) without liability to ESO.
Termination by ESO for Customer Default. ESO may terminate this Agreement with no further liability if (i) Customer fails to pay
for Services as required by this Agreement and such failure remains uncorrected for five (5) days following written notice from
ESO, or (if) Customer fails tuperform any other material obligation under this Agreement and does not remedy such failure within
thirty (30) days following written notice from ESO (collectively referred to as "Customer DefaulF'). In the event of a Customer
Default, ESO shall have the right to (i) terminate this Agreement; (ii) suspend all Services being provided to Customer; CM)
terminate the right to use the Sollware on the web andlor mobile devices; (iv) apply interest to the amount past due, at the rate of
one and one-half percent (I %s%) (or the maximum legal rate, if less) of the unpaid amount per month; (v) offset any amounts that
we owed to Customer by ESO against the past due amount then owed to ESO, and/or (vi) take any action in connection with any
other right or remedy ESO may have under this Agreement, at law or in equity. If ESO terminates tills Agreement due to a
Customer Default, Customer shall remain liable for all acomed Subscription Fees and other charges, In addition, Customer agrees
to pay ESO's reasonable -expenses (including attorney and collection fees) incurred in enlbroing ESO's rights in the event of a
Customer Default,
S. Det v_ery of Data upon Expiration or Termination of Agreement If Customer requests its data within thirty (30) days of expiration
of this Agreement, or the tarmination of this Agreement pursuant to Section 4 above, ESO shall deliver to Customer its data. ESO shall
make reasonable and good With efforts to accommodate Customer's preference for the type of media for delivery. Customer shall
reimburse ESO for the cost of the media on which Customer's data is delivered to Customer,
6. System Maintenance. In the event ESO determines that it is necessary, to interrupt the Services or that there is -a. potential for Services
to be interrupted for the performance of system maintenance, ESO will use good -faith efforts to notify Customer prior to the
performance of such malntenauce and will schedule such maintenance during non -peak hours (midnight to 6 &in, Central Standard
Time). In no event shall interruption of Services for system maintenance constitute a failure of performance by ESO.
7. Access to Intern Customer has sole responsibility for obtaiding,.maintaining, and scouring its conncctions to the Internet, and ESO
makes no representagons to Customer regarding the reliability, performance or security of any particular network or provider.
S. Mobile Software. If Customer elects to use ESO's Mobile Software (the' Software"), the provisions of this Section shall apply.
a: Use of Software. Subject to the terms, conditions and restrictions in this Agreement and in exchange for the Mobile Software
Interface Fees and/or Subscription Fees, ESO hereby grants to Customer a non-exclusive, world-wide, non-translomble rights, for
the Term of this Agreement, to use and copy (for installation and backup purposes only) the Software to the units for which the
Mobile Software Interface has been purchased.
b. Ownership and Restrictions. This Agreement does not convey any rights of ownership in or title to the Software or any copies
thereof. All right, title and interest in the Software and any copies or derivative works thereof shall remain the property of ESO.
Costorrer will not. (i) disassemble, reverse engineer ormodify the Software; (i} allow any third party to use the Software;.(iii) use
the Software as a component in any product or serviceprovided by Custemerto a third'party; (iv) tratlsfey sell, assign, or otherwise
convey the Software; (v) remoye any proprietary nodecs placed on or contained within the Software; or (vni) copy the Software
except for backup purposes. Customer agrees to keep the Software free and clear of all claims; liens, and encumbrances.
c, Mobile Software Interface Fee. The Mobile Software Interface Fee is non-refundable. 'rho Software shall be deemed accepted
upon delivery to Customer.
d. Title. ESO hereby represents and warrants to Customer that ESO is the oumerof the Software or otherwise has the right to grant to
Customer the rights set forth in this Agreement. In the event of a breach or threatened breach of the foregoing representation and
warranty, Customer's sole remedy shall be to require ESO to either: (i) procure, at ESWs expense, the right to use the Software, or
(ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not
cause any breach.
9. Support and Updates During the Term of this Agreement, ESO shall provide Customer the support services and will meet the service
levels as set forth in Exhibit B attached hereto and lnaorporated homin. ESO will also provide Updates to Customer, in accordance with
Exhibit B.
IS. Other Services. Upon request by Customer, ESO may provide services related to the Software other than,the standard support
described above at ESO's then -current labor rates. This may include on -site consultation, configuration., and initial technical assistance
and training fir the purpose ofinstalling the Software and training selected persormel on the use and support of the Software. ESO shall
undertake reasonable efforts to accommodate any written request by Customer for such professional services.
lI, Indempification Iry Customer. Crts[omer will.defend and indemnify ESO from any and all claims brought by third parties against ESO
and will hold ESO harmless from all corresponding losses incurred by ESO arising out (if at related to (i) Customer's misuse of the
Services and/or Software. (h) any services providedbyCustomcrto third parties, or (tit) Customer's negligence, inaction or omission in
connection with the services it provides to third parties.
12, Lim(tattonoMiability. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, NEITHER PARTY SHALL BE LIABLE TO
THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, RELIANCE,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS,
LOST REVENUES OR COST OF PURCHASING REPLACEMENT SERVICES) ARISING OUT OF OR RELATING TO THIS
AGREEMENT. ADDITIONALLY, ESO SHALL NOT BE LIABLE TO CUSTOMER FOR ANY ACTUAL DAMAGES IN EXCESS
OF THE AGGREGATE AMOUNT THAT ESO HAS, PRIOR TO SUCH TIME, COLLECTED FROM CUSTOMER WITH
RESPECT TO SERVICES DELIVERED HEREUNDER. FURTHERMORE,dN NO EVENT SHALL EITHER PARTY BE LIABLE -
TO THE OTHER, EITHER IN CONTRACT OR IN TORT, FOR PROTECTION FROM UNAUTHORIZED ACCESS OF
CUSTOMER DATA OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF
CUSTOMER DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, NOT -CONTROLLED BY ESO, THROUGH
ACCIDENT OR FRAUDULENT MEANS OR DEVICES, THIS SECTION SHALL SURVIVE ANY TERMINATION OR
EXPIRATION OF THIS AGREEMENT. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY WAS
SPECIFICALLY BARGAINED FOR AND IS ACCEPTABLE TO CUSTOMER. FURTHER, EACH PARTY'S WILLINGNESS TO
AGREE TO THE LIMITATIONS CONTAINED IN THIS SECTION WAS MATERIAL TO ENTERINGINTO THIS AGREEMENT.
13. Actmmvie8eements and Disclaimer of Warranties. Customer acknowledges that ESO cannot guarantee that there will never be any
outages in ESO network and that no credits shall be given in the event Customer's access to ESO's network is interrupted. THE
SERVICES ARE PROVIDED "AS IS." UNLESS OTHERWISE SPECIFIED HEREIN, ESO MAKES NO REPRESENTATION OR
ESO Solutions, Inc.
Subscription Agreement 092214
Page of 12
WARRANTY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS
TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS. FOR A PARTICULAR PURPOSE,
OF ANY SERVICE OR SOFTWARE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER
(INCLUDING WITHOUT LIMITATION THAT THERE WILL BE NO IMPAIRMENT OF DATA OR THAT SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE), ALL OF WHICH WARRANTIES BY ESO ARE HEREBY EXCLUDED AND
DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14. Confidential Information. "Conftdendal rnformation" shall mean all information disclosed in writing by one Party to the other Patty
that is clearly marked "CONFIDENTIAL" or "PROPRIETARY" by the disclosing Party at the time of disclosure or which reasonably
should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential
Information does not include any information that (i) was already known by the receiving Party free of any obligation to keep it
confidential at the time of its disclosure; (it) becomes publicly knovrn through no wrongful act of the receiving Patty; (III) Is rightfully
received from a third person without knowledge of any confidential obligation; (iv) is independently acquired or developed without
violating any ofthe obligations under this Agreement; or (v) is approved foryelease by written authorization of the disclosing Party.
A recipient of Confidential Information shall not disclose the information to any person or entity except for the recipients and/or its
employees, contractors and consultants who have a need to know such Confidential Information. The recipient may disclose
Confidential hifomiatiou pursuant to a Judicial or governmental request, requirement or order; provided that the recipient shalt take all
reasonable steps to give prior notice to the disclosing Party.
Confidential Information shall not be disclosed to any third party without the prior written consent of the owner of the Confidential
Information. The recipient shall use Confidential Information only for purposes of this Agreement and shall protect Confidential
Information from disclosure using the saine degree of care used to protect its own Confidential Information, but in no event less than a
reasonable degree of cam, -Confidential Information shall remain the property of thedisclosing Party shall be returned to the disclosing
Party or destroyed upon request of the disclosing Party. Because monetary damages may be insufficient in the event of a breach or
threatened breach of the foregoing provisions, the affected Party may be notified to seek art injunction or restraining order in addition to
such other rights or remedies as may be available under this Agreement, at law or in equity, including but not limited to monetary
damages.
15. General Provisions.
a Force Maieure. Neither Party shall be liable to the other, nor deemed in default under this Agreement if and to the extent that such
Party's perfornance of this Agreement is delayed or prevented by reason of Force Majmre, which is defined to mean an event that
is beyond thereasonable control ofthe affected Party and occurs without such.Party's fault or negligence.
b. Entire Agreement This Agreement, including all.soliedules, exhibits, addenda and any Business Associate Agreement (as that term
is used in the Health Insurance Portability and Accountability Act and related regulations) (see Exhibit C are incorporated herein
by reference, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements,
proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any
provision of this agreement shall be effective unless in writing avid signed by the Party against whom the modification, amendment
orwaiverisasserted.
c. Governing i.aw. This Agreement shall be governed by the laws of the State of Texas without regard to choice or conflict of law
rules.
d. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or a breach of this Agreement, shall be finally
settled by arbitration in Austin, Texas, and shall be resolved under the laws of the State of Texas. The arbitration shall be
conducted before a single arbitrator, who may be a private arbitrator, in accordance with the commercial rules and practices of the
American Arbitration Association then in eftecL Any award, order or judgment pursuant to such arbitration shall be deemed final
and binding and may be enforced in any court of competent jurisdiction. The arbitrator may, as. part of the arbitration award,
permit the substantially prevailing Party to recover all or part of its attorney's fees and other out-of-pocket costs incurred in
connection with such arbitration. Alt arbitration proceedings shall be conducted on a confidential basis. the Parties knowingly,
voluntarily, and irrevocably waive their right to a trial by jury.
e. No Press Releases without Consent, Neither Party may use the other Party's time or trademarks, nor issue any publicity or public
statements concerning the other Party or the existence or content of this Agreement, without the other Patty's prior written consent.
Notwithstanding, Customer agrees that ESO may use Customer's name and logo in ESO sales presentations, without Customer's
prior written consent during the Term of this Agreement, but only for the purposes of identifying the Customer as a customer of
ISO, Likewise, Customer may use ESO's name and logo to identify ESO as a vendor of Customer.
f. Aggregate Data Reporting. Customer hereby grants ESO the right to collect and store its data for aggregate reporting purposes, but
in no event shall ESO disclose Protected Health iafor moon ("PHP') unless permitted by law. Moreover, ESO will not identify
Customer ilhout Customer's consent.
ESO Solutions, Inc.
Subscription Agreement092214
Page 3 of 12
g. Compliance ivith Laws. Both Parties shalt comply with and give al I notices required by all applicable federal, state and local laws,
ordinances, rules, regulations and lawful orders of any public authority bearing on the performance ofthis Agreement.
b, Waiver, No failure or delay by either Party in exercising any right under this Agreement shall constitute a waiver of that right, If
Customer has made any change to the Agreement that Customer did not bring to ESO's attention in a way that is reasonably
calculated to put ESO on notice of the change, the change shall not becume part of the AgreemenL
1. Severability. If any provision of this Agreement is held by a court ofcompetent jurisdiction to be contrary to law, the provision
shall lie modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent
permitted by law, and the remaining provisions of this Agreement shall remain in effect.
j. Taxes and Pees. This Agreement is exclusive of all taxes and fees. Unless otherwise required by law, Customer is responsible for
and will remit (or will.reimburse ESO for) all taxes of any triad, including sates, use, duty, customs, withholding, property, value.
added, and other similar Wend, state or local taxes (other than taxes based on ESO's income). assessed in connection with the
Services and/or Software provided to Customer under this Agreement.
k Independent Contractor. Nothing in this Agreement shall be construed to create: (i) a partnership, joint venture or other joint
business relationship between the Parties or any of their affiliates; or (if) a relationship" of employer and employee between the
Parties. ESO is an independent contractor and not an agent of Customer.
1. Counterparts; Execution. This Agreement and any amendments hereto may be executed by the Parties individually or in any
combination, in one or more counterparts, each of which shall be an original and all of which shall together constitute one and the
same agreement. Execution and delivery ofthis Agreement and any amendments by the Parties shall be legally valid and effective
through: (i) executing and delivering the paper copy of the document, (if) transmitting the executed paper copy of the documents by
facsimile transmission or electronic mail in "portable document format (":pdr) or other electronically scanned formal, or (iii)
creating, generating, sending, receiving or storing by electronic means this Agreement and any amendments, the execution of
J which is accomplished through use of an electronic process and executed or adopted by a Party with the intent to execute this
Agreement (i.e. "electronic signature" through a process such as DocuSigall). In making proof ofthis Agreement, it shall net be
necessary to produce or account for more than one such counterpart executed by the Party against whom enforcement of this
Agreement is sought.
m. Notice. All notices, requests, demands and other communications, required or permitted to be given or made under this Agreement
shall be in writing, shall be effective upon receipt or attempted delivery, and shall be sent by (i) personal delivery; (ii) certified or
registered United States mail, return receipt requested; (iii) overnight delivery service with proof of delivery, or (iv) fax. Notices
shall be sent to the addresses above. No Party to this Agreement shall refuse delivery of any notice hereunder.
[signature Page Follows]
ESO Solutions, Ino,
Subscription Agreement 042214
Page 4 of 12
IN WITNESS WHEREOF, the undersigned expressly agree and warrant that they are authorized to sign and enter into this
Agreement on behalf of the Party for which they sign and have executed this Agreement on the Effective Date first written
above.
ESO:
CUSTOMER:
[Signature] [Signature]
Chris Billie
[Printed Name] [Printed Name]
President and CEO
[Title]
[Date]
ESO Solutions, Inc.
SubseiiRtion Agreement 052214
Page 5 of 12
EXHIBIT A
SCHEDULE OF SUBSCRIPTION FEES
Customer has selected the following Services, at the fees indicated:
ePCRSuite wlQuallty I I j Annual Recurring Cost. Includes unlimited users, Gve support state data
Management 2,600-3,760 I 4.00 $6,095.00 $5,996.o0l reporting,Analytics, hospital link -up, continuouswaeklyweb training,free
Incidents I mglonai user groups, and software upgrades
Mobue2,,600-3,750
loddEmle, 7.00�$t;295.00-59.295.003 Annual Recurring
alt-ilnlitnfted moitte li epCand tesersrct0mefunc"tfianality
Candies Monitor 2,600- I
i
i Annual Recurring Coat- unlimited cardiac monitors, ellnws for import of
3,750 Incidents
cardiac monitardate
81114rg Standard interltos,
7,00;
$39600'
$385Rf1; Annual Recurring Cost-Allm9a for integration of eFCR data into biting
2:500-3,760 irsddenta
!
software
!
One -Time Cost-Onsite training. Also includes web training, syatam setup,
9Qrvtces -Training
{
9A0
_
$995.00I
$995.00
and lmplementotlon
.v#Ces-Training Travel
1.00
$750.O01
$500,00 Ono -Time Cost- rzslimated travel expenses for onsite training
GmndTotal $9,978:00
PAYMENT TERMS AND PAYMENT MILESTONES
The subscription year for Services shall begin upon execution of the Subscription Agreement or upon the
commencement of active work on software implementation, whichever date comes later. The Subscription Fees are
invoiced annually in advance commencing upon execution of this Agreement.
Mo Solutions, Inc.
Sutwription Agrecment092214
Page 6 nt12
EXHIBIT B
SUPPORT SERVICES AND SERVICE LEVELS
This Exhibit describes the sothvare support services ("Support Services") that ESO will provide and flip service levels that ESO will meet.
1. Definitions. Unless defined otherwise herein, capitalized terms used in this Exhibit shall have the same meaning as set forth in the
Agreement.
(a) "Customer ServiceRepres imadve" shall be the person at ESO designated by ESO to receive not!= of Errors encountered by Customer
that Customer's Administrator has been unable to resolve.
(b) "Error" means any failure of the Software to conform in any material respect with its published specifications.
(c) "Error Correction" means a bug fix, patch, or other modification or addition that brings the Software into material conformity with its
published performance specifications,
(d) "PriorityA Error" means an Error that renders the Software inoperable or causes a complete failure:of the Software.
(e) "Prtor4, B Error" means an Error that substantially degrades die performance of the Software or materially restricts Customer's use of
the Software.
(0 "Priority CEnor"means an Error that causes only a minor impact on Customer's use of the Software,
(g) "Update" means any new commercially available or deployable version of the Software, which may include Error Corrections,
enhancements orother modifreatiens, issued by ESO from time to time to its Customers.
(h) "Nornurl Business Hours" means 7:OD am to 7:00 pm Monday through Friday, Central Time Zone.
2. Customer Obligations.
Customer will provide at least one admiaistm&ve employee (the `Adminisirator" or Administratgre') who will handle all requests for first -
level support from Customer's employees with respect to the Software. Such support is intended to be the 'Tront lino" for support and
information about the Software to Customer's employees. ESO will provide training, documentation, and materials to the Administrators. to
enable the Administrators to provide technical support to Customer's employees. The Administrators will refer any Errors to ESO's
Customer Service Representative that the Administrators cannot resolve, pursuant to Section 3 below; and the Administrators will assist ESO
in gathering information to enable ESO to identify problems with respect to reported Errors.
3. Sunuort Services.
(a) Scope. As further described herein, the Support Services consist o£ (i) Error Corrections that the Administrator is unable to resolve and
(ii) periodic delivery of Error Corrections and Updates. The Support Services will be available to Customer during normal business
hours, to the extent practicable. Priority A Errors encountered outside normal business hours may be communicated to the Customer
Service Representative via telephone or email. Priority B and C Errors encountered outside normal business hours shall be
communicated via email.
(b) Procedrtre_
(i) RepoitofError. In reporting arty Error, the Customer's Administrator will describe to ESO's Customer Service. Representative the
Error in reasonable detail and the ciroumstances under which the Error occurred or is occurring; the Administrator will initially
classify the Error as a Priority A, B or C Error. ESO reserves the right to reclassify the Priority of the Error.
(ii) Efforts Required, ESO shall exercise commercially reasonable efforts to correct any Error reported by the Administrator in
accordance with the priority level assigned to such Error by the Administrator. Errors shall be communicated to ESO's Customer
Service Representative after hours as indicated below, depending on the priority level of the Error. In the event of an Error, ESO
will within die time periods set forth below, depending upon the priority level of the Error, commence verification of the Error;
and, upon verification, will commence Error Connection. ESO will work diligently to verify the Error and, once an Error has been
verified, and until an Error Correction has-been provided to the Administrator, shall use commercially reasonable, diligent efforts to
provide a workaround forthe Error asaoon as reasonably practicable. ESO will provide the Administrator with periodic reports on
the status of the Error Correction on the frequency as indicated below.
Priority of Error
Communicating Error to ESO
Time in Which ESO Will
Frequency 'of Periodic Status
outside Normal Business Hours
Commence Verification
Re errs
PriorityA
Telephone or email
Within 8 hours of
Every 4 hours until resolved
notification
Priority B
Email
Within 1 business day of
Every G hours untl resolved
notification
Priority
Email
Within two calendar
Every week=81 resolved
weeks ofnodfication
ESO Solutions, Inc.
Subscription Agreement 042214
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4. LSD Server Administration,
PSO is responsible For maintenance of Server hardHara. Server administration includes:
(a) Monitoring and Response
(b) Service. Availability Monitoring
(0) Backups
(d) Maintenance
(i) MiemsoltPotelsManagement
(b) Security patches to supported applications and related components
(iii). Event Log Monitoring
(iv) Log Fite Maintenance
(v) Drive Space Monitoring
(0) Security
(0 Virus Definition&Prevention
(g) Firewall
HSO Solutions, Inc.
Subscription Agreement 092214
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EXHIBIT C
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement (`Agreement") is entered into by and between ESO Solutions, Inc, ("Vendor"), a Texas corporation; and
Customer ("Covered EnfltJP% as of die Effective Date of the Subscription Agreement, for the purpose of setting forth Business Associate
Agreement terms between Covered Entity and Vendor. Covered Entity and Vendor each are referred to as a "Party" and collectively as the
"Parties." This Agreement shall commence on the Effective Date set forth above.
WHEREAS, Covered Entity, owns, operates, manages, performs services for, otherwise are affiliated with or are themselves a
Covered Entity as defined in the federal regulations at 45 C.F.R. Parts 160 and 164 (the "Privacy Standards") promulgated pursuant to the
Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information'fechnology for Economic and Clinical
Health Act of 2009 ("HITECIT );
WHEREAS, pursuant to HIPAA and HITECH, tire U.S. Department of Health & Human Services (`HHS") promulgated the
Privacy Standards and the security standards at 45 C.F.R. Parts 160 and 164 (the "Security Standardv") requiring certain individuals and
entities subject to the Privacy Standards and/or the Security Standards to protect the privacy and security of certain individually identifiable
health, information ("Protected Health Pi:forntaUan" or "PAP`), including eleetronieprotected health information ("EPHP);
WHEREAS, the Parties wish to comply with Privacy Standards and Security Standards as amended by the HHS regulations
promulgated on January 25, 2013, entitled the "Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules
Under the health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act," as
such may be revised or amended by HHS from time to time:
WHEREAS, in connection with Vendor's performance under its agreemcnt(s) or other documented arrangements between Vendor
mid Covered Entity, whether in effect as of the Effective Date or which become effective at any time during the term of this Agreement
(collectively "Business ArrangernmW), Vendor may provide services for, or on behalf of, Covered Entity that require Vendor to use,
disclose, receive, access, create, maintain and/or transmit health information that is protected by state and/or federal law; and
WHEREAS, Vendor and Covered Entity desire that Vendor obtain access to PHI and EPHI in accordance with the terms specified
herein;
NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement and the Business Arrangements, and
other good and valuable consideration, the su#iiciency and receipt of which are hereby severally acknowledged, the Parties agree as follows:
I. Vendor ObH2ations.
In accordance with this Agreement and the Business Arrangements, Vendor may use, disclose, access, create, maintain, transmit,
and/or receive on behalf of Covered Entity health information that is protected under applicable state and/or federal law, including without
limitation., PHI and BPHI. Ali capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in the regulations
promulgated by HHS in accordance with HIPAA and HITECH, including the Privacy Standards and Security Standards (collectively referred
to hereinafter as the "Canfidenttalfty Requirements"). All reference to PHI herein shall be constmed to include EPHI. PHI shall mean only
that PHI Vendor uses, discloses, accesses, creates, maintains, transmits and/or receives for or on behalf of Covered Entity pursuant to the
Business Arrangements. The Parties hereby acknowledge that the definition ofPHfincludes "Gametic Information" assot forth at45C.F.R.
§ 160.103, To the extent Vendor is to carry out an obligation of Covered Entity under the Confidentiality Requirements, Vendor shall comply
with the provisions) of the Confidentiality Requirements that would apply to Covered Entity (as applicable) in the performance of such
obligations(s).
2. Use of PHI
Except as otherwise required bylaw, Vendor shall use PHI in compliance with this Agreement and 45 C.F.R. §164.504(e). Vendor
agrees not to use PHI in a manner that would violate the Confidentiality Requirements if the PHI were used by Covered Entity in the same
manner. Furthermore, Vendor shall use PHI for the purpose of performing services for, or on behalf of, Covered Entity as such services me
defined in the Business Attangements. In addition, Vendor may use PHI (I) as necessary for the proper management and administration of
Vendor or to carry out its legal responsibilities; provided that such uses are permitted under federal and applicable state law, and (li) to
provide data aggregation services relating to the health care operations of the Covered Entity as defined by 45 C.F.R. § 164.501. Covered
Entity also authorizes Vendor to collect and store its data for aggregate reporting, but in no event shall Vendor disclose PHI unless permitted
by law. Moreover, Vendor will not identify Covered Entity without consent. Covered Entity authorizes Vendor to deidonify PHI it
receives from Covered Entity. All de identification of PHI must be performed in accordance with the Confidentiality Requirements,
specifically 45 C.F.R. §164.514(b).
3. Disclosure ofPHl.
ESO Seleden5, Inc.
Subscription Agreement 092214
Page 9 of 12
3.1 Subject to any limitations to this Agreement, Vendor may disclose PHI to any third parry m necessary to pertbr n its
obligations under the Business Arrangements and as permitted or required by applicable. law. Vendor agrees not to
disclose PHI in a manner that would violate the Confidentiality Requirements if the PHI was disclosed by the Covered
Entity in the same manner. Further, Vendor may disclose PHI for the proper management and administration of Vendor;
provided that: (i) such disclosures are required by law; or (if) Vendor. (a) obtains reasonable assurances from any third
party to whom the PHI is disclosed that the PHI will be held confidential and used and disclosed only as required by law
or for the purpose for which it was disclosed to third party, and (b) requires the third party to agree to immediately notify
Vendor of any instances of which it is aware that PHI is being used or disclosed for purpose that is not otherwise
provided for in this Agreement or for a purpose not expressly permitted by the Confidentiality Requirements. Vendor
shalt report to Covered Entity any use or disclosure of PHI not permitted by this Agreement of which it becomes aware.
Such report shall be made within five (5) business days of Vendor becoming aware of such use or disclosure.
3.2 If Vendor uses or contracts with any agent, including a subcontractor (collectively "Subcontractors") brat uses, discloses,
accesses, creates, receives, maintains or transmits PHI on behalf of Vendor, Vendor shall require all Subcontractors to
agree in writing to the same restrictions and conditions that apply to Vendor under this Agreement In addition to
Vendor's obligations under Section 9, Vendor agrees to mitigate, to the extent practical and unless otherwise requested
by the Covered Entity, any barmfirl effect that is known to Vendorandis the result of a rise or disclosure of PHI by
Vendor or any Subcontractor in violation of this Agreement. Additionally, Vendor shall ensure that all disclosures of
PHI by Vendor and its Subcontractors comply with the principle of "minimum necessary use and disclosure," (Le., in
accordance whh 45 C.F.R. §164.502(b), only the minimum PHI that is necessary to accomplish the -intended purpose.may
bedisclosed).
4. t Individual Ri his Reearding Doi nated Record Sets.
If Vendor maintains aDesignatcd Record Set on behalfof Covered Entity, Vendor shall: (i) provide access to and permit inspection
and -copying of PHI by Covered Entity under conditions and limitations required under 45 C.F.R. §164.524, as it may be amended from time
to time; and (ii) amend PHI maintained by Vendor as required by Covered Entity. Vendor shall respond to any request from Covered Entity
for access by an individual within ten (10) business days of such request and shall make any amendment requested by Covered Entity within
twenty (20) business days of such request .Any information requested under this Section 4 shall be provided in a form or formatrequested, if
it is readily producible in such form or format, Vendor may charge a reasonable fee based upon Vendor's labor.cests in responding to a
request for electronic information (or a cost -based fee for the production of non-electronie media copies). Vendor shall notify Covered Entity
withlnten (10) business days of receipt of any request for access or amendment by an individual.
Accountinn of Disclosures.
Vendor shall make available to Covered Entity within ten (10) business days of a request by Covered Entity the information
required for an accounting of disclosures of PHI in accordance with 45 C.F.R. §164.528 (or such shorter time as may be required by state or
federal law). Such accounting must be provided without cost if it is the first accounting requested within any twelve (12) month period. For
subsequent accountings within the some twelve (12) month period, Vendor may charge a reasonable feo based upon Vendor's labor costs in
responding to a request for electronic information (or a cost -haled fee for the production of non-eleotrome media copies) only after Vendor
informs Covered Entity and Covered Entity informs the individual in advance of the fee, and the individual is afforded an opportunity to
withdraw or raml* the request. Such accounting obligations shall survive termination or expiration of this Agreement and with respect to
any disclosure, whether on or before the termination of this Agreement; shall continue for a minimum ofseven (7) years following the date of
such disclosure.
6. Withdrawal ofAuthorizatian.
If the use or disclosure of PHI under this Agreement is based upon an individual's specific authorization regarding the use of his or
her PHI, and-, (i) the individual revokes such authorization in writing; (fi) the effective data of such authorization has expired; or (fit) the
authorization is found to be defective in any mariner that renders it invalid for whatever reason, then Vendor agrees, if it has received notice
from Covered Entity of such revocation or invalidity, to cease the use and disclosureof any such individual's PHI except to the extent
Vendor has relied on such use or disclosure, or where an exception under the Confidentiality Requirements expressly applies.
7. Records -and And ik '
Vendor shall make available to HHS or its agents its internal practices, books, and records relating to the compliance of Vendor and
Covered Entity with the Confidentiality Requirements, such internal practices, books and records to be provided in the time and manner
designated by1II4S or its agents,
8. implementation of Security Standards; Notice ofSeemity Incidents.
Vendor will comply with the Security Standards and, by way of example and not limitation, use appropriate safeguards to prevent
the use or disclosure of PHI other thao as expressly permitted under this Agreement In accordance with the Security Standards, Vendor will
implement administrative, physical, and technical safeguards that protect the confidentiality, integrity and availability of the PHI trot it uses,
ESO Solutions, Inc.
Subscription Agreement 092214
Page 10 of 12
discloses, accesses, creates, receives, maintains or transmits. To the extent feasible, Vendor will use commercially reasonable efforts to
ensure that the technology safeguards used by Vendor to secure PHI will render such PM unusable, unreadable and indecipherable to
individuals unauthorized to acquire or otherwise have access to such PHI. Vendor will promptly report to Covered Entity any Security
Incident of which itbecomes aware; provided, however, that Covered Entity acknowledges and shall be deemed. to have received notice from
Vendor that there are routine occurrences of.' (1) unsuccessful attempts to penetrate computer networks or services maintained by Vendor; and
(it) immaterial Incidents such m "pinging" or "denial of services" attacks. At the request of Covered Entity, Vendor shall identify; the date of
the Security Incident, the scope of the Security Incident, Vendor's response to the Security incident, and to the extent permitted by law, the
identification of the party responsible for causing the Security Incident, if known.
9. Data Breach Notification and Mitigation.
9.1 HIPAA Data Breach Notification and Mitigation. Vendor agrees to implement reasonable systems for the discovery and
prompt reporting of any "breach" of "unsecured PHI" as those terms are defined by 45 C.F.R. 11164,402 ("HIPAA Breach"). The Parties
acknowledge and agree that 45 C.HR, §§ 164.404 and 164.4 10, as describe below in this Section 9.1, govern the detemtination of the date of
a HIPAA Breach. In the event of any conflict between this Section 9.1 and the Confidentiality Requirements, the more stringent
requirements shall govern. Following the discovery of a HIPAA Breach, Vendor will notify Covered Entity immediately and In no event
later than five (5) business days after Vendor discovers such HIPAA Breach unless Vendor is prevented from doing so by 45 C.P.R.
§164.412 concerning law enforcement investigations. For purposes of reporting a HIPAA Breach to Covered Entity, the discovery of a
HIPAA Breach shall occur as of the first day on which such HIPAA Breach is known to Vendor or, by exercising reasonable diligence,
would have been known to Vendor. Vendor will be considered to have had knowledge of a HIPAA Breach if the HIPAA Breach is known,
or by exercising reasonable diligence would have been known, to any person (other than the person committing the HIPAA Breach) who is
an employee, officer or other agent of Vendor. No later than ten (10) business days following a HIPAA Breach, Vendor shall provide
Covered Entity with sufficient information to permit Covered Entity to comply with the HIPAA Breach notification requirements set forth at
45 C.F.R. §164.400 et. seq. This Section 9.1 shall survive the expiration or termination of this Agreement and shall remain in effect for so
long as Vendor maintains PHI.
9.2 Data Breach Notif si on and Mitigation Under Other haws. In addition to the requirements of Seetion 9.1, Vendor
agrees to implement reasonable systems for the discovery and prompt reporting of any breach of individually identifiable information
(including, but not limited to, PHI and referred to hereinafter as "Individually Identiftable Information") that, if misused, disclosed, lost or
stolen would trigger an obligation under one or more State data breach notification laws (each a "State Breach") to notify the individuals
who are the subject of the information. Vendor agrees that in the event any individually Identifiable Information is lost, stolen, used or
disclosed in violation of one or more State data breach notification laws, Vendor shall promptly; (f) notify Covered Entity within two (5)
business days of snob misuse, disclosure, loss or tbetl; and (ti) cooperate and assist Covered Entity with any investigation into any State
Breach or alleged State Breach. This Section 9.2 shall survive the expiration or termination of this Agreement and shall remain in effect for
so long as Vendor maintains PHI or Individually Identifiable Information.
10. Obligations of Covered Entity.
10.1 Notification Re uirement. Covered Entity shall notify Vendor of
a Any limitation(s) in Covered Enfity's notice of privacy practices in accordance with 45 CFR 164,520 to the extent
that such changes may affect Vendor's use or disclosure ofPRI;
b. Any changes in, or revocation of, permission by Individual to use or disclose PHI, to the extent that such changes
may affect Vendor's use or disclosure of PM; and
c. Any restriction to the use or. disclosure if PBI that Covered Entity has agreed to in accordance with 45 CFR 164,522,
to die extent that such restriction may affect Vendor's use or disclosure of PHI.
10.2 Permissible Requests. Covered Entity agrees that it will not request Vendor to use or disclose PHI in any manner that
would not be permissible underthe Confidentiality Requirements if done by Covered Entity.
if. Terms and Termination.
11.1 Termination. This Agreement shall remain in effect until terminated in accordance with the terms of this section 11;
provided, however, that termination shall not affect the respective obligations or rights of the Parties arising under this Agreement prior to the
effective date of termination, all of which shall continue in accordance with their terms.
11.2 Termination with Cause. Either Party may immediately terminate this Agreement if either of the following events have
occurred and are continuing to occur
ESO solutions, Inc,
Subscription Agreement 092214
Page 11 of 12
a. Vendor or Covered. Entity fails to observe or perform any material covenant or obligation contained in this
Agreement for ten (10) business days after written.notice ofsuch failure has been given; or
b. Vendor or Covered Entity violates any provision of the Confidentiality Requirement or applicable federal or state
privacy law relating to its obligations under this Agreement.
11.3 May Terminate Business Arrangements in Event of for Cause Termination. Termination of this Agreement for either of
the two reasons set forth in Section IL2 above shall be cause for immediate termination of any Business Arrangement pursuant to which
Vendor uses, discloses, accesses, mceives, creates, or transmits PHI for or on behalf of Covered Entity.
IIA Termination Upon Conclusion of Business Aramgments. Upon the expiration or termination of all Business
Arrangements, elther Covered Entity or Vendor may terminate this Agreement by providing written notice to the other Party.
11.5 Return of PHI Upon Termination . Upon termination of this Agreement for any reason, Vendor agrees either to return all
PHI or to destroy all PHI received from Covered Entity that is in the possession or control of Vendor or its Subcontractors. In the case of
PHI for which it is not feasible to return or destroy, Vendor shall extend the protection of this Agreement to such PHI and limit further uses
and diseiosur@ of such PHI. Vendor shall comply with other applicable state or federal law, which may rc Loire a.specffic period of retention,
redaction, or other treatment of such PIE. This Section 11.5 shall survive the expiration or termination of this Agreement and shall remain in
effect for so long as Vendor maintains PHI.
12. No Warranty.
PHI IS PROVIDED SOLELY ON AN "AS IS" BASIS. THE PARTIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
13. Ineligible Persons.
Vendor represents and warrants to Covered Entity that its directors, officers, and key employees: (I) are not currently excluded,
debarred, or otherwise ineligible to participate in the €ederal health care programs as defined in 42 U.S,C. § 1320a-7b(f) of any state
healthcare program (collectively, the "Healthrnre Programs'); (ii) have not been convicted of a criminal offense related to the provision of
healthcare items or services but have not yet been excluded, debarred, or otherwise declared ineligible to participate in the Healthcare
Programs; and (if) we not under investigation or otherwise aware of any circumstances which may result in Vendor being excluded from
participation in the Healthcare Programs (collectively, the. "Warranty g(Non-evclaylon ). Vendor representations and warranties underlying
the Warranty of Non,exclushm shall be ongoing during the term, and Vendor shall immediately notify Covered Entity of any change in the
status of the representations and warranties set forth in this Section 13, Any breach ofthis Section 13 shall give Covered Entity the righ4to
testiiriate this Agreement immediately.
14. Eouitable Relief.
The Parties understand and acknowledge that any disclosure or misappropriation of any PHI in violation of this Agreement will
cause irreparable harm, the amount of which may, be difficultto ascertain, and therefore agree that either Party shall have the -right to apply to
a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any each further disclosure or breach and
for web other relief deemed appropriate. Such right shall be in addition to the remedies otherwise available at law or in equity.
is. Entire Agreemnnt
This Agreement constitutes the complete agreement between Vendor and Covered Entity relating to the matters specified in this
Agreement and supersedes all prior representations or agreements, whether oral or written with respect to such matters. In the event of any
conflict between the terms of this Agreement and the terms of the Business Arrangements or any such later agreament(s), the terms of -this
Agreement shall control unless the terns of such Business Arrangements are more strict with respect to PHI and comply with the
Confidentiality Requirements, or the Parties specifically otherwise agree in writing. No oral modification or waiver of any of the provisions
of this Agreement shall be binding on either Party to this Agreement; provider( however that upon the enactment of any law, regulation, court
decision or relevant government publication and/or interpretive guidance or policy that a Party believes in good faith will adversely impact
the use or disclosure of PHI under this Agreement, that Partymay amend the Agreement to comply with such law, regulation, court decision
or government publication, guidance orpolicyby delivering a written amendment to the other Party which shall be effective thirty (30)
calendar days after receipt. No obligation on either Party to enter Into any transaction is to be implied from the execution or delivery of this -
Agreement. This Agreement is for the benefit of, and shall be binding upon the Parties, their affiliates and respective successors and assigns.
ESO solutions, Inc.
Sub¢criptiat Agreement 092214
Page IZ of I2
ACCEPT CHECK IN THE AMOUNT OF $3,075 FROM TEXAS ASSOCIATION OF COUNTIES FOR
EMPLOYEE PARTICIPATION IN THE TAC HEALTH AND EMPLOYEE BENEFITS POOL'S HEALTHY
COUNTY PROGRAM AND AUTHORIZE DEPOSIT OF FUNDS INTO THE WELLNESS FUND ACCOUNT:
Commissioner Lyssy made a motion to accept check in the amount of $3,075 from Texas Association of Counties
for employee participation in the TAC Health and Employee Benefits Pool's Healthy County Program and
authorize deposit of funds into the Wellness Fund account.
Commissioner Fritsch seconded the motion
Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
November 13, 2015
Ms. Grace Gonzalez, Calhoun County Wellness Coordinator
201 W Austin St Ste 9
Port Lavaca, TX 77979-4250
REF: 2015 Employer Rewards
Greetings, Ms. Gonzalez:
Thank you for coordinating the Texas Association of Counties Health and Employee Benefits Pool's
Healthy County program in Calhoun County. Your visible support and commitment are vital the success
of the program.
This year, Calhoun County employees earned Visa gift cards as incentive prizes through program
participation. Employees received a $35 gift card for completing the Health Assessment between Jan. 1
and March 31 and $30 for completing the Sonic Boom 10-Week Spring Challenge. Additionally, the Pool
acknowledges and rewards Calhoun County's support with Employer Rewards. The employer earns $25 for
every employee who completed the health assessment during the annual campaign and $25 for employees
who completed Sonic Booms 10-week challenge. Since each county is unique with different wellness goals,
Healthy County provides funding that allows flexibility to implement health and wellness initiatives
appropriate for your county.
Calhoun County is eligible to receive $3075 in Employer Rewards this year. A check for this amount is
enclosed. Healthy County encourages the county to use these funds to re -invest in workplace wellness
initiatives. Below you will find the Calhoun County Wellness Participation Summary:
# of Employees that completed X of Employees that completed Sonic Boom's Total Employer Rewards Available
the Health Assessment 8-wk Challenge (Total Employee ct. * $25)
72 51 $3075
The employer rewards informational leaflet, which is included in the enclosed employer rewards packet,
explains the who, what, hozo and why's of the employer rewards program; and provides recommendations
on how these incentives can be used. Please share the employer rewards packet with your county's
Commissioners Court, wellness sponsor, and other wellness team members to determine the most effective
plan of action for Calhoun County's employer rewards.
Please contact your Healthy County Wellness Consultant at (800) 456-5974 or email
healthycountywounty.ore should you have questions.
In appreciation,
Healthy County Wellness Team
Carrye Chen, Ashley Cureton, Rosalinda DiTommaso and Mark Zolkitsch
(512) 478-8753 • (800) 456-5974 • (512) 481-8481 rAX • wtvw.county.org • 1210 San Antonio, Austin, TX 78701 • P.O. Box 2131, Austin, TX 78768-2131
Gene Terry, Executive Director
TAC-HEALTH and EMPLOYEE BENEFITS POOL CHECK DATE CHECKO1531
( 10/26/2015 001531
VENDORID VENDOR NAME ACCOUNT NUMBER.'
DATE ;.I r INVOICE NO. I I DESCRIPTION AMOUNT
10/23/2015 10/15 STMT Employer Rewards Check $3,075.00
- 1
$3,076.00
FROST BANK 1531
s 'r1EXAS ASSOCIATION OF COUNTIES 30-9n140
w o HEALTH and EMPLOYEE BENEFITS POOL
H z P.O. BOX 2131
A AUSTIN, TX 78768
�Cou N�lys (512)478-8753
DATE AMOUNT
IL0126/2015
Three Thousand Seventy Five Dollars and 00 Cents
PAY
TO THE Calhoun County
ORDER
OP. 201 W. Austin Street Suite 9
Port Lavaca TX 77979-4250
TAC-HEALTH and EMPLOYEE BENEFITS POOL
1
Calhoun County
201 W. Austin Street Suite 9
Port Lavaca TX 77979-4250
TO REORDER CALL: (706) 327-9550
$3,075.00
•. -
MENTiSENSITIVE gE01M11AGEi:DISAPPEF S WITN;HEATF
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.HEALTH AND SAFETY CODE
TITLE 9. SAFETY
SUBTITLE B. EMERGENCIES
CHAPTER 772. LOCAL ADMINISTRATION OF EMERGENCY COMMUNICATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 772.001. DEFINITIONS. In this chapter:
(1) "Automatic location identification" means a
feature corresponding to automatic number identification by
which the number provided by the automatic number identification
feature is matched withthe address or location of the telephone
from which the call is made and is presented to the public
safety answering point along with the number in a computerized
9-1-1 system.
(2) "Automatic number identification" means a feature
that enables a service supplier to identify the telephone number
of a caller and that operates by forwarding the caller's
telephone number to the public safety answering point, where the
data is received by equipment that translates it into a visual
display.
(3) "Base rate" means the rate or rates billed by a
service supplier, as stated in the service supplier's charges
approved by the appropriate regulatory authority, that represent
the service supplier's recurring charges for local exchange
access lines or their equivalent, exclusive of all taxes, fees,
license costs, or similar charges.
(4) "Dispatch method" means the method of responding
to a telephone request for emergency service by which a public
safety answering point decides on the proper action to be taken
and dispatches, when necessary, the appropriate emergency
service unit.
(5) "Local exchange access lines" means all types of
lines or trunks that connect a service user to the service
supplier's local telephone exchange office.
(6) "9-1-1 service" means a communications service
that connects users to a public safety answering point through a
9-1-1 system.
(7) "9-1-1 system" means a system of processing
emergency 9-1-1 calls.
(8) "Participating jurisdiction" means a public
agency that by vote consents to receive 9-1-1 service from an
emergency communication district.
(9) "Principal service supplier" means the entity
that provides the most central office lines to an emergency
communication district.
(10) "Private safety entity" means a private entity
that provides emergency fire -fighting, ambulance, or medical
services.
(11) "Public agency" means a municipality or county
in this state that provides or has authority to provide fire-
fighting, law enforcement, ambulance, medical, or other
emergency services.
(12) "Public safety agency" means the division of a
public agency that provides fire -fighting, law enforcement,
ambulance, medical, or other emergency services.
(13) "Public safety answering point" means a
communications facility that:
(A) is operated continuously;
(B) is assigned the responsibility to receive 9-
1-1 calls and, as appropriate, to dispatch emergency response
services directly or to transfer or relay emergency 9-1-1 calls
to other public safety agencies;
(C) is the first point of reception by a public
safety agency of a 9-1-1 call; and
(D) serves the jurisdictions in which it is
located or other participating jurisdictions.
(14) "Relay method" means the method of responding to
a telephone request for emergency service by which a public
safety answering point notes pertinent information and relays
that information to the appropriate public safety agency or
other provider of emergency services for appropriate action.
(15) "Selective routing" means the feature provided
with computerized 9-1-1 service by which 9-1-1 calls are
automatically routed to the answering point serving the place
from which the call originates.
(16) "Service supplier" means an entity providing
local exchange access lines to a service user in an emergency
communication district.
(17) "Service user" means a person that is provided
local exchange access lines, or their equivalent, in an
emergency communication district.
(18) "Transfer method" means the method of responding
to a telephone request for emergency service by which a public
safety answering point transfers the call directly to the
appropriate public safety agency or other provider of emergency
services for appropriate action.
(19) "Data base" means the information stored in a
management system that is a system of manual procedures and
computer programs used to create, store, and update the data
required for the selective routing and automatic location
identification features in the provision of computerized 9-1-1
service.
(20) "Business service user" means a user of business
service that provides telecommunications service, including 9-1-
1 service, to end users through a publicly or privately owned
telephone switch.
(21) "Business service" means a telecommunications
service classified as a business service under rules adopted by
the Public Utility Commission of Texas or under the applicable
tariffs of the principal service supplier.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 7, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 638, Sec. 8, eff. Sept. 1,
1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 5,
eff. September 1, 2013.
Sec. 772.002. INFORMATION RELATING TO COLLECTION AND
REMITTANCE OF 9-1-1 EMERGENCY SERVICE FEE. (a) This section
applies only to a district created under this chapter that
collects a 9-1-1 emergency service fee from a service supplier
or business service user. This section does not apply to an
incumbent local exchange company as defined in Section 51.002,
Utilities Code.
(b) The board of managers of a district by order may
require a service supplier or business service user to provide
to the district any information the board requires so long as
that information and the format requested are readily available
for the service provider's records to determine whether the
service provider or business service user is correctly billing
and collecting the 9-1-1 emergency service fee and remitting the
fee to the district. The information required from a service
provider under this subsection may include:
(1) the number of local exchange access lines that
the service provider has in the district; and
(2) the number of those local exchange access lines
that the Commission on State Emergency Communications excluded
from the definition of a local exchange access line or an
equivalent local exchange access line under Section 771.063.
(c) The district shall maintain the confidentiality of
information provided under this section that a service provider
or business service user claims is confidential for competitive
purposes. The confidential information is exempt from
disclosure under Chapter 552, Government Code.
(d) The district may bring suit to enforce this section or
to collect fees billed and collected by a service provider or
business service user but not remitted to the district. In a
proceeding to collect unremitted fees, a sworn affidavit of the
district specifying the amount of unremitted fees is prima facie
evidence that the fees were not remitted and of the amount of
the unremitted fees.
(e) The Public Utility Commission of Texas may impose an
administrative penalty under Subchapter B, Chapter 15, Utilities
Code, against a service provider who is a person regulated under
the Utilities Code if the person:
(1) does not provide information required by a
district under this section; or
(2) bills and collects a 9-1-1 emergency service fee
as required by this chapter but does not remit the fee to the
appropriate district.
Added by Acts 2005, 79th Leg., Ch. 952 (H.B. 1583), Sec. 1, eff.
September 1, 2005.
Sec. 772.003. OBLIGATIONS OR REQUIREMENTS CONCERNING VOICE
OVER INTERNET PROTOCOL, INTERNET PROTOCOL ENABLED SERVICE, OR
COMMERCIAL MOBILE SERVICE OR WIRELINE SERVICE. Defining "9-1-1
service" as a communications service and other amendments
effective September 1, 2013, do not expand or change the
authority or jurisdiction of a public agency or the commission
over commercial mobile service or wireline service including
Voice over Internet Protocol service or Internet Protocol
enabled service or expand the authority of a public agency or
the commission to assess 911 fees. Nothing in this chapter
affects Section 52.002(d), Utilities Code. In this section,
"Voice over Internet Protocol service," "Internet Protocol
enabled service," and "commercial mobile service" have the
meanings assigned by Sections 51.002 and 51.003, Utilities Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec.
11, eff. September 1, 2013.
DELETED DUE TO INAPPLICABILITY
SUBCHAPTER D. EMERGENCY COMMUNICATION DISTRICTS: COUNTIES WITH
POPULATION OVER 20,000
Sec. 772.301. SHORT TITLE. This subchapter may be cited
as the Emergency Telephone Number Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 772.302. PURPOSE. It is the purpose of this
subchapter to establish the number 9-1-1 as the primary
emergency telephone number for use by certain local governments
in this state and to encourage units of local government and
combinations of those units to develop and improve emergency
communication procedures and facilities in a manner that will
make possible the quick response to any person calling the
telephone number 9-1-1 seeking police, fire, medical, rescue,
and.other emergency services. To this purpose the legislature
finds that:
(1) it is in the public interest to shorten the time
required for a citizen to request and receive emergency aid;
(2) there exist thousands of different emergency
telephone numbers throughout the state, and telephone exchange
boundaries and central office service areas do not necessarily
correspond to public safety and political boundaries;
(3) a dominant part of the state's population is
located in rapidly expanding metropolitan areas that generally
cross the boundary lines of local jurisdictions and often extend
into two or more counties; and
(4) provision of a single, primary three -digit
emergency number through which emergency services can be quickly
and efficiently obtained would provide a significant
contribution to law enforcement and other public safety efforts
by making it less difficult to notify public safety personnel
quickly.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 772.303. DEFINITIONS. In this subchapter:
(1) "Board" means the board of managers of a
district.
(2) "Director" means the director of communication
for a district.
(3) "District" means an emergency communication
district created under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 772.304. APPLICATION OF SUBCHAPTER. (a) This
subchapter applies only to a county with a population of more
than 20,000 or to a group of two or more contiguous counties
each with a population of 20,000 or more in which an emergency
communication district was created under Chapter 288, Acts of
the 69th Legislature, Regular Session, 1985, before January 1,
1988, or to a public agency or group of public agencies that
withdraws from participation in a regional plan under Section
771.058(d).
(b) This subchapter does not affect the authority of a
public agency to operate under another law authorizing the
creation of a district in which 9-1-1 service is provided.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 1405, Sec. 32, eff. Sept.
1, 1999.
Sec. 772.305. ADDITIONAL TERRITORY. (a) If a
municipality that is part of a district annexes territory that
is not part of the district, the annexed territory becomes part
of the district. .
(b) A public agency located in whole or part in a county
adjoining the district, by resolution adopted by its governing
body and approved by the board of the district, may become part
of the district and subject to its benefits and requirements.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 772.306. BOARD OF MANAGERS. (a) A district is
governed by a board of managers.
(b) If the most populous municipality in the district has
a population of more than 140,000, the board consists of:
(1) one member for each county in the district
appointed by the commissioners court of each county;
(2) two members appointed by the governing body of
the most populous municipality in the district;
(3) one member appointed by the governing body of the
second most populous municipality in the district;
(4) one member appointed as provided by this section
to represent the other municipalities located in whole or part
in the district; and
(5) one member appointed by the principal service
supplier.
(c) If Subsection (b) does not apply to a district, the
board consists of:
(1) the following members representing the county or
counties in the district:
(A) if the district contains only one county,
two members appointed by the commissioners court of the county;
(B) if the district originally contained only
one county but contains more than one county when the
appointment is made, two members appointed by the commissioners
court of the county in which the district was originally
located, and one member appointed by the commissioners court of
each other county in the district; or
(C) if the district originally contained more
than one county and the district contains more than one county
when the appointment is made, one member appointed by the
commissioners court of each county in the district;
(2) two members appointed jointly by the majority
vote of the municipalities voting on the appointment and located
in whole or part in the district;
(3) one member appointed jointly by the volunteer
fire departments operating wholly or partly in the district,
with the appointment process coordinated by the county fire
marshal or marshals of the county or counties in the district;
and
(4) one member appointed by the principal service
supplier.
(d) The board member appointed by the principal service
supplier is a nonvoting member. If the board is appointed under
Subsection (c), the principal service supplier may waive its
right to appoint the board member and designate another service
supplier serving all or part of the district to make the
appointment.
(e) The board member appointed under Subsection (b)(4) is
appointed by the mayor's council established to administer urban
development block grant funds, if one exists in the district.
Otherwise, the member.is appointed by the other members of the
board on the advice and recommendation of the governing bodies
of all the municipalities represented by the member.
(f) The initial board members appointed by municipalities
under Subsection (c)(2) are appointed by all the municipalities
located in whole or part in the district.
(g) Board members are appointed for staggered terms of two
years, with as near as possible to one-half of the members'
terms expiring each year.
(h) A board member may be removed from office at will by
the entity that appointed the member.
(i) A vacancy on the board shall be filled for the
remainder of the term in the manner provided for the original
appointment to that position.
(j) Board members serve without compensation. The
district shall pay all expenses necessarily incurred by the
board in performing its functions under this subchapter.
(k) The board may appoint from among its membership a
presiding officer and any other officers it considers necessary.
(1) The director or a board member may be appointed as
secretary of the board. The board shall require the secretary
to keep suitable records of all proceedings of each.board
meeting. After each meeting the presiding officer at the
meeting shall read and sign the record and the secretary shall
attest the record.
(m) Voting members of the board may meet in executive
session in accordance with Chapter 551, Government Code.
(n) A majority of the voting members of the board
constitutes a quorum.
(o) In an emergency communication district subject to this
subchapter located entirely in a county with a population of
less than 30,000, the board consists of:
(1) the appropriate members listed in Subsection (c);
and
(2) a peace officer licensed under Chapter 1701,
Occupations Code, appointed by the county sheriff.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 638, Sec. 15, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 901, Sec. 1, eff. June
20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 622 (H.B. 1187), Sec. 1,
eff. June 19, 2009.
Sec. 772.307. POWERS AND DUTIES OF BOARD. (a) The board
shall control and manage the district.
(b) The board may adopt rules for the operation of the
district.
(c) The board may contract with any public or private
entity to carry out the purposes of this subchapter, including
the operation of a 9-1-1 system.
Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989.
Sec. 772.308. DIRECTOR OF DISTRICT. (a) The board shall
appoint a director of communication for the district and shall
establish the director's compensation. The director must be
qualified by training and experience for the position.
(b) The board may remove the director at any time.
(c) With the board's approval, the director may employ any
experts, employees, or consultants that the director considers
necessary to carry out the purposes of this subchapter.
(d) The director shall perform all duties that the board
requires and shall superviseasgeneral manager the ,operations
of the district subject to any limitations prescribed by the
board.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 772.309. BUDGET; ANNUAL REPORT; AUDIT. (a) The
director shall prepare under the direction of the board an
annual budget for the district. To be effective, the budget
must:
(1) be approved by the board;
(2) be presented to and approved by the commissioners
court of each county in the district;
(3) be presented to and approved by the governing
body of the most populous municipality in the district, if that
municipality has a population of more than 140,000; and
(4) be presented to the governing body of each other
participating jurisdiction and approved by a majority of those
jurisdictions.
(b) The board shall submit a draft of the proposed budget
to the governing bodies of the participating jurisdictions not
later than the 45th day before the date the board adopts the
budget. The participating jurisdictions shall review the
proposed budget and submit any comments regarding the budget to
the board.
(c) If the governing body of a county, municipality, or
other participating jurisdiction does not approve or disapprove
the budget before the 61st day after the date the body received
the proposed budget for review, the budget is approved by
operation of law.
(d) A revision of the budget must be approved in the same
manner as the budget.
(e) As soon as practicable after the end of each district
fiscal year, the director shall prepare and present to the board
and to each participating jurisdiction in writing a sworn
statement of all money received by the district and how the
money was used during the preceding fiscal year. The report
must show in detail the operations of the district for the
fiscal year covered by the report.
(f) The board shall have an independent financial audit of
the district performed annually.
Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 1406, Sec. 2, eff. Aug. 30,
1999.
Sec. 772.310. ESTABLISHMENT OF 9-1-1 SERVICE. (a) A
district shall provide 9-1-1 service to each participating
jurisdiction through one or a combination of the following
methods and features:
(1) the transfer method;
(2) the relay method;
(3) the dispatch method;
(4) automatic number identification;
(5) automatic location identification;
(6) selective routing; or
(7) any equivalent method.
(b) A district shall provide 9-1-1 service using one or
both of the following plans:
(1) the district may design, implement, and operate a
9-1-1 system for each participating jurisdiction with the
consent of the jurisdiction; or
(2) the district may design, implement, and operate a
9-1-1 system for two or more participating jurisdictions with
the consent of each of those jurisdictions if a joint operation
would be more economically feasible than separate systems for
each jurisdiction.
(c) Under either plan authorized by Subsection (b), the
final plans for the particular system must have the approval of
each participating jurisdiction covered by the system.
(d) The district shall recommend minimum standards for a
9-1-1 system.
(e) A service supplier involved in providing 9-1-1
service, a manufacturer of equipment used in providing 9-1-1
service, or an officer or employee of a service supplier
involved in providing 9-1-1 service is not liable for any claim,
damage, or loss arising from the provision of 9-1-1 service
unless the act or omission proximately causing the claim,
damage, or loss constitutes gross negligence, recklessness, or
intentional misconduct.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 638, Sec. 16, eff. Sept. 1,
1995.
Sec. 772.311. PRIMARY EMERGENCY TELEPHONE NUMBER. The
digits 9-1-1 are the primary emergency telephone number in a
district. A public safety agency whose services are available
through a 9-1-1 system may maintain a separate number or numbers
for emergencies and shall maintain a separate number or numbers
for nonemergency telephone calls.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 772.312. TRANSMITTING REQUESTS FOR EMERGENCY AID.
(a) A 9-1-1 system established under this subchapter must be
capable of transmitting requests for fire -fighting, law
enforcement, ambulance, and medical services to a public safety
agency or agencies that provide the requested service at the
place from which the call originates. A 9-1-1 system may also
provide for transmitting requests for other emergency services
such as poison control, suicide prevention, and civil defense.
(b) A public safety answering point may transmit emergency
response requests to private safety entities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989.
Sec. 772.313. POWERS OF DISTRICT. (a) The district is a
body corporate and politic, exercising public and essential
governmental functions and having all the powers necessary or
convenient to carry out the purposes and provisions of this
subchapter, including the capacity to sue or be sued.
(b) To fund the district, the district may apply for,
accept, and receive federal, state, county, or municipal funds
and private funds and may spend those funds for the purposes of
this subchapter. The board shall determine the method and
sources of funding for the district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989.
Sec. 772.314. 9-1-1 EMERGENCY SERVICE FEE. (a) The board
may impose a 9-1-1 emergency service fee on service users in the
district.
(b) The fee may be imposed only on the base rate charge or
its equivalent, excluding charges for coin -operated telephone
equipment. The fee may not be imposed on more than 100 local
exchange access lines or their equivalent for a single business
entity at a single location, unless the lines are used by
residents of the location. The fee may also not be imposed on
any line that the Advisory Commission on State Emergency
Communications excluded from the definition of a local exchange
access line or an equivalent local exchange access line pursuant
to Section 771.063. If a business service user provides
residential facilities, each line that terminates at a
residential unit and that is a communication link equivalent to
a residential local exchange access line shall be charged the 9-
1-1 emergency service fee. The fee must have uniform
application and must be imposed in each participating
jurisdiction.
(c) The rate of the fee may not exceed six percent of the
monthly base rate in a service year charged a service user by
the principal service supplier in the participating
jurisdiction. For purposes of this subsection, the jurisdiction
of the county is the unincorporated area of the county.
(d) The board shall set the amount of the fee each year as
part of the annual budget. The board shall notify each service
supplier of a change in the amount of the fee not later than the
91st day before the date the change takes effect.
(e) In imposing the fee, the board shall attempt to match
the district's revenues to its operating expenditures and to
provide reasonable reserves for contingencies and for the
purchase and installation of 9-1-1 emergency service equipment.
If the revenue generated by the fee exceeds the amount of money
needed to fund the district, the board by resolution shall
reduce the rate of the fee to an amount adequate to fund the
district or suspend the imposition of the fee. If the board
suspends the imposition of the fee, the board by resolution may
reinstitute the fee if money generated by the district is not
adequate to fund the district.
(f) In a public agency whose governing body at a later
date votes to receive 9-1-1 service from the district, the fee
is imposed beginning on the date specified by the board. The
board may charge the incoming agency an additional amount of
money to cover the initial cost of providing 9-1-1 service to
that agency. The fee authorized to be charged in a district
applies to new territory added to the district when the
territory becomes part of the district.
(g) For the purposes of this section, the jurisdiction of
the county is the unincorporated area of the county.
Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 14, eff. Aug. 30,
1993; Acts,1999, 76th Leg., ch. 1203, Sec. 5, off. June 18,
1999.
Sec. 772.315. COLLECTION OF FEE. (a) Each billed service
user is liable for the fee imposed under Section 772.314 until
the fee is paid to the service supplier. The fee must be added
to and stated separately in the service user's bill from the
service supplier. The service supplier shall collect the fee at
the same time as the service charge to the service user in
accordance with the regular billing practice of the service
supplier. A business service user that provides residential
facilities and owns or leases a publicly or privately owned
telephone switch used to provide telephone service to facility
residents shall collect the 9-1-1 emergency service fee and
transmit the fees monthly to the district.
(b) The amount collected by a service supplier from the
fee is due monthly. The service supplier shall remit the amount
collected in a calendar month to the district not later than the
60th day after the last day of the calendar month. With each
payment the service supplier shall file a return in a form
prescribed by the board.
(c) Both a service supplier and a business service user
under Subsection (a) shall maintain records of the amount of
fees it collects for at least two years after the date of
collection. The board may require at the board's expense an
annual audit of a service supplier's books and records or the
books and records of a business service user described by
Subsection (a) with respect to the collection and remittance of
the fees.
(d) A business service user that does not collect and
remit the 9-1-1 emergency service fee as required is subject to
a civil cause of action under Subsection (g). A sworn affidavit
by the district specifying the unremitted fees is prima facie
evidence that the fees were not remitted and of the amount of
the unremitted fees.
(e) A service supplier is entitled to retain an
administrative fee from the amount of fees it collects. The
amount of the administrative fee is two percent of the amount of
fees it collects under this section.
(f) A service supplier is not required to take any legal
action to enforce the collection of the 9-1-1 emergency service
fee. However, the service supplier shall provide the district
with an annual certificate of delinquency that includes the
amount of all delinquent fees and the name and address of each
nonpaying service user. The certificate of delinquency is prima
facie evidence that a fee included in the certificate is
delinquent. A service user account is considered delinquent if
the fee is not paid to the service supplier before the 31st day
after the payment due date stated on the user's bill from the
service supplier.
(g) The district may institute legal proceedings to
collect fees not paid and may establish internal collection
procedures and recover the cost of collection from the nonpaying
service user. If the district prevails in legal proceedings
instituted to collect a fee, the court may award the district
court costs, attorney's fees, and interest in addition to other
amounts recovered. A delinquent fee accrues interest at an
annual rate of 12 percent beginning on the date the payment
becomes due.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 15, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 638, Sec. 17, eff. Sept. 1,
1995.
Sec. 772.316. DISTRICT DEPOSITORY. (a) The board shall
select a depository for the district in the manner provided by
law for the selection of a county depository.
(b) A depository selected by the board is the district's
depository for two years after the date of its selection and
until a successor depository is selected and qualified.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 772.317. ALLOWABLE EXPENSES. Allowable operating
expenses of a district include all costs attributable to
designing a 9-1-1 system and to all equipment and personnel
necessary to establish and operate a public safety answering
point and other related answering points that the board
considers necessary.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 772.318. NUMBER AND LOCATION IDENTIFICATION. (a) As
part of computerized 9-1-1 service, a service supplier shall
furnish current telephone numbers of subscribers and the
addresses associated with the numbers on a call -by -call basis.
(b) A business service user that provides residential
facilities and owns or leases a publicly or privately owned
telephone switch used to provide telephone service to facility
residents shall provide to those residential end users the same
level of 9-1-1 service that a service supplier is required to
provide under Subsection (a) to other residential end users in
the district.
(c) Information furnished under this section is
confidential and is not available for public inspection.
(d) A service supplier or business service user under
Subsection (b) is not liable to a person who uses a 9-1-1 system
created under this subchapter for the release to the district of
the information specified in Subsections (a) and (b).
Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 936, Sec. 16, off. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 638, Sec. 18, eff. Sept. 1,
1995.
Sec, 772.319. PUBLIC REVIEW. (a) Periodically, the board
shall solicit public comments and hold a public review hearing
on the continuation of the district and the 9-1-1 emergency
service fee. The, first hearing shall be held three years after
the date the order certifying the creation of the district is
filed with the county clerks. Subsequent hearings shall be held
three years after the date each order required by Subsection (d)
is adopted.
(b) The board shall publish notice of the time and place
of the hearing once a week for two consecutive weeks in a daily
newspaper of general circulation published in the district. The
first notice must be published not later than the 16th day
before the date set for the hearing.
(c) At the hearing, the board shall also solicit comments
on the participation of the district in the applicable regional
plan for 9-1-1 service under Chapter 771. After the hearing,
the board may choose to participate in the regional plan as
provided by that chapter.
(d) After the hearing, the board shall adopt an order on
the continuation or dissolution of the district and the 9-1-1
emergency service fee.
Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989.
Sec. 772.320. DISSOLUTION PROCEDURES. (a) If a district
is dissolved, 9-1-1 service must be discontinued on the date of
the dissolution. The commissioners court of the county in which
the district was located or, if the district contains more than
one county, the commissioners courts of those counties acting
jointly, shall assume the assets of the district and pay the
district's debts. If the district's assets are insufficient to
retire all existing debts of the district on the date of
dissolution, the commissioners court or courts acting jointly
shall continue to impose the 9-1-1 service fee, and each service
supplier shall continue to collect the fee for the commissioners
court or courts. Proceeds from the imposition of the fee after
dissolution of the district may be used only to retire the
outstanding debts of the district.
(b) The commissioners court or courts shall retire the
district's debts to the extent practicable according to the
terms of the instruments creating the debts and the terms of the
orders and resolutions authorizing creation of the debts.
(c) The commissioners court or courts by order may adopt
the rules necessary to administer this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989.
Sec. 772.321. ISSUANCE OF BONDS. The board may issue and
sell bonds in the name of the district to finance:
(1) the acquisition by any method of facilities,
equipment, or supplies necessary for the district to begin
providing 9-1-1 service to all participating jurisdictions; and
(2) the installation of equipment necessary for the
district to begin providing 9-1-1 service to all participating
jurisdictions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989.
Sec. 772.322. REPAYMENT OF BONDS. The board may provide
for the payment of the principal of and interest on the bonds by
pledging all or any part of the district's revenues from the 9-
1-1 emergency service fee or from other sources.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 772.323. ADDITIONAL SECURITY FOR BONDS. (a) The
bonds may be additionally secured by a deed of trust or mortgage
lien on part or all of the physical properties of the district
and the rights appurtenant to those properties, vesting in the
trustee power to sell the properties for payment of the
indebtedness, power to operate the properties, and all other
powers necessary for the further security of the bonds.
(b) The trust indenture, regardless of the existence of
the deed of trust or mortgage lien on the properties, may
include provisions prescribed by the board for the security of
the bonds and the preservation of the trust estate and may make
provisions for investment of funds of the district.
(c) A purchaser under a sale under the deed of trust or
mortgage lien is the absolute owner of the properties and rights
purchased and may maintain and operate them.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 772.324. FORM OF BONDS. (a) A district may issue
its bonds in various series or issues.
(b) Bonds may mature serially or otherwise not more than
25 years after their date of issue and shall bear interest at
any rate permitted by state law.
(c) A district's bonds and interest coupons, if any, are
investment securities under the terms of Chapter 8, Business &
Commerce Code, may be issued registrable as to principal or as
to both principal and interest, and may be made redeemable
before maturity, at the option of the district, or contain a
mandatory redemption provision.
(d) A district may issue its bonds in the form,
denominations, and manner and under the terms, and the bonds
shall be signed and executed, as provided by the board in the
resolution or order authorizing their issuance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989.
Sec. 772.325. PROVISIONS OF BONDS. (a) In the orders or
resolutions authorizing the issuance of bonds, including
refunding bonds, the board may provide for the flow of funds and
the establishment and maintenance of the interest and sinking
fund, the reserve fund, and other funds and may make additional
covenants with respect to the bonds, the pledge revenues, and
the operation and maintenance of any facilities the revenue of
which is pledged.
(b) The orders or resolutions of the board authorizing the
issuance of bonds may also prohibit the further issuance of
bonds or other obligations payable from the pledged revenue or
may reserve the right to issue additional bonds to be secured by
a pledge of and payable from the revenue on a parity with or
subordinate to the lien and pledge in support of the bonds being
issued.
(c) The orders or resolutions of the board issuing bonds
may contain other provisions and covenants as the board may
determine.
(d) The board may adopt and have executed any other
proceedings or instruments necessary and convenient in the
issuance of bonds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 772.326. APPROVAL AND REGISTRATION OF BONDS. (a)
Bonds issued by a district must be submitted to the attorney
general for examination.
(b) If the attorney general finds that the bonds have been
authorized in accordance with law, the attorney general shall
approve them. On approval by the attorney general, the
comptroller shall register the bonds.
(c) After the approval and registration of bonds, the
bonds are incontestable in any court or other forum for any
reason and are valid and binding obligations according to their
terms for all purposes.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 772.327. REFUNDING BONDS. (a) A district may issue
bonds to refund all or any part of its outstanding bonds,
including matured but unpaid interest coupons.
(b) Refunding bonds shall mature serially or otherwise not
more than 25 years after their date of issue and shall bear
interest at any rate or rates permitted by state law.
(c) Refunding bonds may be payable from the same source as
the bonds being refunded or from other sources.
(d) The refunding bonds must be approved by the attorney
general as provided by Section 772.326 and shall be registered
by the comptroller on the surrender and cancellation of the
bonds refunded.
(e) The orders or resolutions authorizing the issuance of
the refunding bonds may provide that they be sold and the
proceeds deposited in the place or places at which the bonds
being refunded are payable, in which case the refunding bonds
may be issued before the cancellation of the bonds being
refunded. If refunding bonds are issued before cancellation of
the other bonds, an amount sufficient to pay the principal of
the bonds being refunded and interest on those bonds accruing to
their maturity dates or to their option dates if the bonds have
been duly called for payment before maturity according to their
terms shall be deposited in the place or places at which the
bonds being refunded are payable. The comptroller shall
register the refunding bonds without the surrender and
cancellation of bonds being refunded.
(f) A refunding may be accomplished in one or in several
installment deliveries. Refunding bonds and their interest
coupons are investment securities under Chapter 8, Business &
Commerce Code.
(g) In lieu of the method set forth in Subsections (a)-
(f), a district may refund bonds, notes, or other obligations as
provided by the general laws of this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989.
Sec. 772.328. BONDS AS INVESTMENTS AND SECURITY FOR
DEPOSITS. (a) District bonds are legal and authorized
investments for:
(1) a bank;
(2) a savings bank;
(3) a trust company;
(4) a savings and loan association;
(5) an insurance company;
(6) a fiduciary;
(7) a trustee;
(8) a guardian; and
(9) a sinking fund of a municipality, county, school
district, and other political subdivision of the state and other
public funds of the state and its agencies, including the
permanent school fund.
(b) District bonds are eligible to secure deposits of
public funds of the state and municipalities, counties, school
districts, and other political subdivisions of the state. The
bonds are lawful and sufficient security for deposits to the
extent of their value when accompanied by all unmatured coupons.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 772.329. TAX STATUS OF BONDS. Because a district
created under this subchapter is a public entity performing an
essential public function, bonds issued by the district, any
transaction relating to the bonds, and profits made in the sale
of the bonds are exempt from taxation by the state or by any
U
municipality, county, special district, or other political
subdivision of the state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, off. Sept. 1, 1989.
DELETED DUE TO INAPPLICABILITY
ACTION ON 2016 LEASE CONTRACT WITH XEROX IN THE AMOUNT OF $195.75 A MONTH ON A
NEW COPIER AND THE PICK-UP OF THE OLD UNIT FOR THE EXTENSION OFFICE AND AUTHORIZE
COUNTY JUDGE PFEIFER TO SIGN THE CONTRACT:
Commissioner Galvan made a motion to approve 2016 lease contract with Xerox in the amount of $195.75 a
month on a new copier and the pick-up of the old unit for the Extension Office and authorize County Judge
Pfeifer to sign the contract.
Commissioner Fritsch seconded the motion.
Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
Callioun County Commissioner Precinct #1
t hTe ^FT .
211 S. Ann ,�'µti Fax (361) 553-8731
Port Lavaca, TX 77979 � Pager (361) 579-79 k 5
(361) 552-9242 <>� Mobile (361) 935-3552
Wit: r
IF �fF
DECEMBER 2, 2015 1D*4 APPROVED
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 December 10th Commissioner's Court Agenda.
Consider and take necessary action on the 2016 New Lease Contract with Xerox
in the amount of $195.75 a month on a new copier and the pick-up of the old
unit and authorize Judge Pfeifer to sign the contract.
Sincerely,
County
Roger
RCG/apt
In Salle Mom�mrra
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customer: CALHOUN COUNTY
BllTo: COUNTY OF CALHOUN Insla9: COUNTY OF CALHOUN
STE 1 STE 1
186 COUNTY ROAD 101 186 COUNTY ROAD 101
PORT LAVACA, TX 77079-6081 PORT LAVACA, TX 71979,6001
State or Local Government Negollotod Contract: 072719100
1, W7845PT $195.76 1: BLACK I - 75,000 Included • Consumable Supplies Included for all prints
75,001+ $0A051 -Pricing Fixed for Term
2: COLOH All Prints $0.0456
:Toth $195.76'.Minimum Payments (Excluding Applicable Taxes)
Cusmmer acttnsntedgesvecagp of arcmrmsohhs u0rmmoN Thank You for your buulnossl
AiVdu mns;ts of 2 Pages rduury Nis racepip.
This Agreement w proudly presented by Xerox and Signer. Wharf J. Pfeifer Phone. (361)553 4600 Harvey Brewer 'TOTAL
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P l 'F ' "' •, For information on your Xerox Account, go to NTE'
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WSL83544111171201511:54:09 Confident
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INTRODUCTION:
lecielativo body failed to appropriate funds. Your notice must be accompanied by
1, NEGOTIATED CONTRACT. The Products rue subject solely to the terns in the
payment of all sums then owed through the cement fiscal year under this Agreement.
Negotiated Coedited Identified on the face of Into Agreement, find, for any option you
You will return Ile Equipment, at your expense, to a location designated by Xerox and,
have induced that Is not addressed In Ilia Nogoliatod Contract, the Ihmreurrenl
wlmn retained, the Equipment will be to In goad condition and free of all lions and
standard Xerox terms lam such option,
encumbrances. You will then be released from any further payment obligations beyond
GOVERNMENT TERMS:
those payments due for the canned fiscal your (with Xerox retaining all sums paid to
2, REPRESENTATIONS & WARRANTIES, Title provision is applicable to
date).
governmental entities only, You represent and warrant, as of the dale of this
PRICING PLAN/OFFERING SELECTED:
Agreement, that: (1) you are a State or a fully constituted po6liral subdivision or agency
d. FIXED PRICING. If 'Pricing Fixed for Term' is Identified in Maintenance Plan
of the State in which you are located and ate authorized to enter into, and carry out,
Features, the maintenance component of the Minimum Payment and Print Charges win
your obligations all this Agreement and any other documents required to be
not increase detng the inigal Term of this Agreement,
delivered in connection with this Agreement (collectively, Ilw'Docurrome'); (2) the
GENERAL TERMS & CONDITIONS:
Documents have been duly authorized, executed and delivered by you in accordance
S, REMOTE SERVICES, Cenaln models of Equipment are supported and serviced
with all applicable laws, miss, ordinances and regulations (including all applicable laws
using data that Is automatically collected by Xerox or transmitted to or from Xerox by
governing open meetings, public bidding and appropriations required in connection with
the Equipment connected to Castrucci network('Rbmola Data') via electronic
Ibis Agreement and the acquisition of the Products) and are valid, legal, binding
transmission to a secure oil -site location ('Rmnolo Data Access'), Remote Data
agreements, enlmcbnlefe In accordance with tholf arms; (:1) Ills uncon(s) signing the
Access also enabled Xerox to transmit to Customer Releases far Softwareand to
Documents leave file, authority to do so, aro acting with Iho (till authorization of year
ornately diagnose and modify Egulpmand to repair and correct mallunctlores. Examples
governing lady and hold the ollices Indicated below their simulates, each of which are
of Remote Data Include product raglstralloo, motor road. supply level, Equipment
gonumo; (4) the Products are essential to Ilia lomidialo performance of a
cunflguallon and sdlhngs, software variable, and pmblbmtlaui code data. Remote Data
governmental or proprietary function by you within Ilia scope of your authority and will
may be used by Xerox for billing, report generation, supplies replenishment, support
be used during the Term only by you and only to mutual such mrictur; and (5) your
services, recommending additions products and services, and product
payment obligations under this Agreement constitute if current expense and not a debt
Improvemorelttlovolopmont purposes. Remote Data will be transmitted to and from
under applicable state taw mid no provision of this Agreement constitutes a pledge of
Cusiomar lit a secure manner specified by Xerox. Remote Data Access vigilant allow
your tax or general revenues, and any piowslon that is so construed by a court of
Xerox to mad, view or download the content of any Customer documents or other
competent jurisdiction is fold from the inception of this Agreemeril.
Information residng are or passing through the Equipment or Custornefs hibernation
3. FUNDING. This provision is appicalao to governmental entities only, You represent
management systems. Customer grants the tight to Xerox, Without charge, to conduct
and warrant that all payments due and to became due during your current fiscal year
Remote Data Access for the purposes described above. Upon Xerox's request,
are within the fiscal budget of such year and are Included within an unrestricted and
Customer will provide contact information lot Equipment such as name and address of
finencumbered appropriation careful available for the Products, add 11 is your intent to
Customer contact and IP and physical atldmssostwcatbns of Equipment, Customer
use the Products for Ilia miles area of this Answered and make all payments required
will crashes Remote Data Access via a method nosculned by Xerox, and Customer will
minor this Agreement, if your legislative body roods not appropriate funds lot ilia
provide reasonable assistance to allow Xerox to provide Remote Data Access, Unless
conlinuallon of this Agreement for any fiscal year bible the first fiscal year and has no
Xerox dooms Equipment incapable of Remote Data Access, Customer will ensure Thal
ands to do so from other sources, this Agreement may be terminated. To effect this
Remote Data Access is maintained at all tines Maintenance Services are being
termination, you must, at least 30 days pilot to the beginning of life fiscal year for which
pedounud,
your legislative body does not appropriate funds, lately Xerox in failing that your
0 4 0 5 9 4 2 0 1 0 0 2 0 0 2 1
Roger Galvan
From: Rhonda Cummins <rdcummins@ag.tamu.edu>
Sent: Tuesday, December 01, 201511:36 AM
To: Katherine Sutherland; Roger.Galvan@calhouncotx.org
Cc: susan.riley@calhouncotx.org
Subject: RE: Xerox Copier Lease Agreement
Our existing lease will expire on January 17, 2016.
Thank you for your assistance.
From: Katherine Sutherland
Sent: Tuesday, December 01, 2015 11:32 AM
To: Roger.Galvan(ulcalhouncotx.ora
Cc: susan.rilev(1a calhouncotx.ora; Rhonda Cummins
Subject: Xerox Copier Lease Agreement
Commissioner, I have attached our new copier lease agreement for the extension office and request for it to be on the
December 16h docket for commissioner's court. Our existing lease will expire January 17, 2015. Please advise our office
so that Rhonda Cummins can attend. Thank you for your help in this matter.
xat`lsm w S4AWaad
o�ke 7Xnra4oe
(3611550- 9747
�G EXAS LIFE
EXTENSION
ACTION ON INTERLOCAL AGREEMENT FOR THE ASSESSING AND COLLECTION OF TAXES WITH
THE CALHOUN COUNTY APPRAISAL DISTRICT AND AUTHORIZE COUNTY JUDGE TO SIGN:
Commissioner Galvan made a motion to approve Interlocal Agreement for the assessing and collection of taxes
with the Calhoun County Appraisal District and authorize County Judge to sign.
Commissioner Fritsch seconded the motion.
Commissioner Lyssy abstained.
Commissioners Galvan, Fritsch, Finster and Judge Pfeifer all voted in favor.
CALHOUN COUNTY
APPRAISAL DISTRICT
426 West Main Street
P.O. Box 49
Port Lavaca, Texas 77979
October 7, 2015
County of Calhoun
The Honorable Judge Mike Pfeifer
211 S. Ann St.
Port Lavaca, TX 77979
CONSOLIDATED APPRAISAL
AND TAX SERVICES
Appraisal: (361) 552-8808
Collections: (361) 552-4560
Fax: (361) 552-4787
Web: www,�Ih--cad.org
RE: Interlocal Agreement for the Assessing and Collection of Taxes
Dear Judge Pfeifer:
I have enclosed a proposed renewal of an Interlocal Agreement for the Assessing and Collection
of Taxes. The attached agreement/contract would cover the period from January 1, 2016 thru
December 31, 2018 for all entities contracted through the County as in prior years with the
exception of the Port O'Connor Improvement District which has indicated that they wish to
contract directly with the appraisal district. If this is not the case please let me know.
The appraisal district contracts with McCreary, Veselka, Bragg and Allen, P.C. for the collection
of delinquent taxes. This professional relationship has existed for a number of years and is
expected to continue.
The prior agreement will remain in force until you have had the opportunity to review and adopt
the updated renewal.
Thank you for your time and attention in this matter. As always, if there should be any questions
or if I can be of any assistance do not hesitate to contact me.
Sincerely,
lr
Jesse W. Hubbell
Chief Appraiser
J W Wrned
Enclosures
Agreement for the Assessment and
Collection Functions of the County of Calhoun
To Be Performed by the Calhoun County Appraisal District
This agreement made and entered into on this the 10 day of December , 2015 by and between
the County of Calhoun (hereinafter referred to as "COUNTY") and the Calhoun County Appraisal District
(hereinafter referred to as "DISTRICT") as duly authorized by the governing body of each party to the contract.
Purpose and Authorit^
The patties to this agreement wish to enter into an agreement whereby the assessment and collection of
property taxes for the COUNTY will be performed by the DISTRICT;
The parties enter into this agreement in order to eliminate duplication of services for the assessment and
collection of taxes and to promote governmental efficiency; and
The parties enter into this agreement pursuant to the authority granted by section 6.23 and 6.24 of the
Property Tax Code and Art. 4413 (32c) V.A.T.S., otherwise known at the Inter -local Cooperation Act.
In consideration of the premises and of the terms, provisions, and mutual promises herein contained, it is
mutually agreed as follows:
Length of Contract Period
This contract shall be effective January 1, 2016, through December 31, 2018, and shall continue in full force
and effect from year to year until such time as either party hereto, by written notice to the other, may terminate the
same at the end of the contract year, such termination to be effective only if provided to the other party on or before
September 1 of the year in which the party intends for the contract to terminate.
Name of Office
The consolidated office conducting the assessment and collection functions, including, but not limited to
receipts, statements and correspondence, shall be referred to as the Calhoun County Appraisal District.
Assessment Services to be Performed
The DISTRICT shall perform, through a Texas Department of Licensing and Regulations registered or
certified assessor, all the functions of assessment of ad valorem property taxes for the COUNTY as provided under
the Property Tax Code and the Texas Comptroller of Public Accounts, Property Tax Division rules, including the
calculation and publication of the effective tax rate of the COUNTY according to section 26.04 and the guidelines
established by the Texas Comptroller of Public Accounts, Property Tax Division. In the event that the COUNTY
proposes to adopt a tax rate exceeding the limits of section 26.05(c) and necessitating further publication of hearings
per section 26.06, the costs will be a direct expense to the COUNTY.
However, if the COUNTY fails to adopt its tax rate by September 30th, or if the COUNTY'S adopted tax
rate is rolled back, the costs for additional publications and notices will be the responsibility of the COUNTY and
any additional assessing costs incurred by the DISTRICT for late and separate tax bill processing or issuance of
corrected bills associated therewith shall be strictly accounted for by the DISTRICT and shall be payable by the
COUNTY submission of that accounting by the DISTRICT.
Page 1 of 5
Should the COUNTY offer discounts to its taxpayers under section 31.05(b) or 31.05(c), or both, the
DISTRICT agrees that if a consolidated billing system is utilized by the DISTRICT that, upon request or attempted
remittance by a taxpayer of taxes imposed by the COUNTY, the DISTRICT will generate a separate billing for that
account so that such remittance by taxpayer will not constitute a partial payment under section 31.07.
Collection Services to be Performed
The DISTRICT shall perform through a Texas Department of Licensing and Regulations registered or
certified collector, all the functions of collection of ad valorem property taxes for the COUNTY as provided under
the Property Tax Code and the Texas Comptroller of Public Accounts, Property Tax Division rules, including
required reports to the COUNTY, notices to taxpayers 'including the 33.07 collection cost penalty notice and
issuance of refunds under section 31.11. COUNTY agrees to transfer authority for performance of the taxing unit's
approval function for any request exceeding $2,500.00, issuance of tax certificates, and auditor function under
section 31.11 to be performed by the DISTRICT's Chief Appraiser. The DISTRICT shall provide at least 7 days
written notice to the COUNTY of all refunds in excess of $2,500.00 prior to the DISTRICT issuing the refund. The
DISTRICT further agrees to administer and collect special inventory tax as defined in 23.121, et seq., of the tax
code in the same manner as it performs all other collection activities for the COUNTY.
The COUNTY agrees to deliver or make available to the DISTRICT all delinquent and other tax records
necessary for the performance of the DISTRICT'S duties under this contract. At any time the COUNTY may have
access to these records, and will be provided with a complete set of records in electronic format or disc if and when
COUNTY may wish to terminate this contract agreement. Furthermore, DISTRICT agrees to protect against loss of
records by providing for duplicate record storage at periodic intervals, at least weekly, and agrees to make accessible
in electronic format, disc or printout, the delinquent records to any delinquent tax attorney operating in behalf of the
COUNTY.
In addition, the DISTRICT'S collector will be bonded in the amount of $100,000.00, payable to the
governing body of the COUNTY.
The DISTRICT shall also provide for an independent audit of its collection operation annually to be
contracted by the DISTRICT with final reports from auditing firm to the COUNTY.
Payment of Services
In consideration for the functions of assessing and collecting services to be performed as specifically
provided in this contract and according to the Property Tax Code and the Texas Department of Licensing and
Regulation rules, and as included in Exhibit A of this contract, the COUNTY agrees to pay to the DISTRICT its
pro rata share of the actual costs incurred by the DISTRICT for the assessing and collection functions based on an
audit of actual costs incurred. The accounting period of such costs shall be from January 1 through December 31 of
each year.
Delinquent Taxes
The COUNTY transfers to the DISTRICT the right to contract with a delinquent tax attorney of its choice
under section 6.30 and 6.24(b) to enforce the collection of delinquent taxes for the COUNTY. The attorney's
compensation under the contract shall not exceed that set forth in section 6.20 of the amount of taxes, penalty and
interest collected. The COUNTY further agrees that such fee as specified herein as attorney's fees will be paid by
the COUNTY from the delinquent taxes, penalties and interest collected for the COUNTY by said private legal
counsel.
Page 2 of 5
The DISTRICT shall make available the delinquent tax records to the specified attorney by July 1 of each
year the contract remains in effect and each year the attorney is contracted to perform these functions. The
DISTRICT further agrees that these records will be provided to the attorney contracted within the form of duplicate
computer tapes or disks.
Other Provisions and Definitions
The DISTRICT shall not be liable to the COUNTY on account of any failure to collect taxes nor shall the
collector be liable unless the failure to collect taxes is a result of malfeasance.
All expenses incurred by the DISTRICT for the assessment and collection of taxes shall be clearly kept on
the books and records of the DISTRICT. The COUNTY or its designated representative is authorized to examine
the records to be kept by the DISTRICT at such reasonable intervals as the COUNTY deems fit. Such books and
records will be kept in the offices of the DISTRICT.
In the event a contract dispute arises between the parties herein named to the contract, a mutually agreed
upon third party will be named to act as independent arbitrator whose compensation will be paid in equal parts by
both parties to the contract, whose decision regarding the dispute will be a binding decision on both parties to the
contract.
For the purposes of this agreement, the term "assessment" shall include the following: 1) Submission to the
COUNTY'S governing body the appraised, assessed and taxable value of new properties and of all discovered,
taxable properties in the unit; 2) Calculation and publication of the effective tax rate calculation; 3) Application of
the unit's adopted tax rate to the values on the appraisal roll; 4) Submission of the appraisal roll to the governing
body for approval and creation of the COUNTY'S tax roll, proration of taxes, maintenance of the integrity of the tax
roll through correction of clerical error in the tax roll; and 5) and all other assessment duties mandated under the
Property Tax Code. The term "collection" for purposes of this agreement shall include the collection of tax
liabilities, issuance of refunds, monthly, annual and other collection reports as provided by this contract, required
notices to taxpayers including the collection cost penalty notice section 33.07, Property Tax Code, deposits to the
COUNTY'S designated depository at intervals as specified herein, issuance of tax certificates and all other
collection functions mandated by the Property Tax Code. For the purposes of assessment and collection the County
is defined to include the jurisdictions that the County is presently assessing and collection for as follows:
Calhoun County
Calhoun County Navigation District (now known as
Water Control and Improvement District #1
Drainage District No. 6
Drainage District No. 8
Drainage District No. 10
Drainage District No. 11
Page 3 of 5
Exhibit "A"
Basis of Annual Charge for
Tax Assessment and Collection
I. Expenses of the tax collection office of the DISTRICT used to determine the annual charges to the
COUNTY for assessment of property and the collection of taxes thereof are:
Payroll
All salaries and other payroll expenses are charged to the DISTRICT'S tax collection, including, but not
limited to insurance, payroll taxes, workmen's compensation and health insurance.
Purchased and Contracted Services
All expenses incurred by the DISTRICT'S tax collection office for services rendered by firms, individuals,
or professionals which are independent of the DISTRICT such as maintenance contracts, publications, legal
fees, upkeep of grounds and buildings, utilities, rentals, and all other purchased and contracted services not
mentioned above. This excludes fees of the delinquent tax attorney.
Supplies and Materials
All expenditures for supplies and materials necessary for the operation and maintenance of furniture, data
processing equipment, janitorial, buildings and grounds, books, office supplies, printings, and all other
material and supplies not mentioned above.
Other Operating Expenses
Expenditures necessary for the operation of the tax office such as travel, subsistence, insurance, bonding
expense, fees and dues, and other miscellaneous expenses not mentioned above.
Capital Outlay
All expenditures for furniture, and equipment necessary in the operation of the tax office.
II. The following factors and formula will be used in determining the total yearly cost to the COUNTY for
assessment and collection:
a. Total current tax levy in all of Calhoun County by all jurisdictions.
b. Current tax levy of the COUNTY.
c. Sum of the costs and expenditures delineated in section I of this Exhibit.
Formula:
(B / A) x C = COUNTY'S cost
Page 4 of 5
Approval of County of Calhoun
I, Mike Pfeiffer, do hereby approve the consolidation of the functions of assessment and collection as set forth in this
contract and authorized by section 6.24(b) Property Tax Code and Art. 4413(32c) V,A,T,S. otherwise known as the
Interlocal Cooperation Act.
Nu
,
ike e' fe my Judge
County of C Ihoun
Executed in Port Lavaca, Texas on the date and year first written above.
Bill Swope
Chairman, Board of Directors
Calhoun County Appraisal District
Page 5 of 5
AMEND THE 2016 SALARY ORDER:
Commissioner Galvan made a motion to amend the 2016 Salary Order for the Juvenile Probation Department to
allow for training of the new Administrative Assistant.
Commissioner Fritsch seconded the motion.
Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
Susan Riley
From:
Cindy Mueller <cindy.mueller@calhouncolx.org>
Sent:
Tuesday, December 01, 201510:51 AM
To:
'Susan Riley'
Cc:
Mary Orta; Kenny Finster; mike Pfeifer; neil fritsch; roger galvan; vern lyssy
Subject:
Agenda Item Request -Salary Order Amendment
Attachments:
SALARY ORDER-2016 AMENDMENT Eff 2016.12.10.pdf
Please place the following item on the agenda for December 10, 2015:
i CATNA to amend the 2016 Salary Order.
Cindy Mueller
Calhoun County Auditor
202 5, Ann, Suite B
Port Lavaca, TX 77979
Phone 361.553.4610
Fax 361.553,4614
2016 ORDER PASSING MANIMUM SALARIES. MAKING MOMTMLY
APPROPRIATION& NO PASSING HOLIDAY SCHEDULE
Annual Salary
JUVENILE PROBATION
INCREASE (One-time increase January only to provide training period for new hire):
I Office Manager $39,500
PASS 2016 SALARY ORDER SETTING MAXIMUM SALARIES, MAKING VARIOUS APPROPRIATIONS,
SETTING VACATION POLICY AND SICK LEAVE POLICY, SETTING POLICY ON PAYMENT OF
HOSPITALIZATION INSURANCE PREMIUM, SETTING HOLIDAY SCHEDULE AND SETTING
MISCELLANEOUS POLICY MATTERS:
Commissioner Galvan made a motion to pass 2016 Salary Order setting maximum salaries, making various
appropriations, setting vacation policy and sick leave policy, setting policy on payment of hospitalization
insurance premium, setting holiday schedule and setting miscellaneous policy matters.
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, December 01, 201510:50 AM
To: 'Susan Riley'
Cc: Mary Orta; Kenny Finster; mike pfeifer; neil fritsch; roger galvan; vern lyssy
Subject: Agenda Item Request -Annual Salary Order
Attachments: SALARY ORDER-2016.pdf
Please place the following item on the agenda for December 10, 2015:
• CATNA to pass 2016 Order setting maximum salaries, making various appropriations, setting vacation policy and sick
leave policy, setting policy on payment of hospitalization insurance premium, setting holiday schedule and setting other
miscellaneous policy matters.
Cindy Mueller
Calhoun County Auditor
202 S. Ann, Suite 6
Port Lavaca, TX 77979
Phone 361.553.4610
Fax 361.553.4614
2016 ORDER PASSING MAIUMUM SALARIES MAKING MONTHLY APPROPRIATIONS
AND PASSING NOLIDAY SCHEDULE
WHEREUPON, on motion by Commissioner Galvan, seconded by Commissioner Fritsch, and unanimously carried, on the loth day of
December, 2015, the Court ordered the following Order be adopted and entered:
The various officials, supervisors, and permanent employees will be compensated for the Calendar Year 2016 not to exceed the following
amounts:
SEE SALARY SCHEDULE ATTACHED
(Salary Schedule contains salaries for the Juvenile Probation Department. This department is administered by the Juvenile Board and is not
included in the County's Budget or Financial Statements; however, the State Statutes indicate that these are employees of the County. These
salaries are included for informational purposes only.)
All County employees shall be paid on a bi-weekly basis (annual salary divided by the number of bi-weekly pay periods in the year).
Each of the officials named herein shall fix the compensation of the employee(s) authorized for his department within the maximum amounts
authorized by this Order. Each of said officials will complete and deliver the payroll forms to the County Treasurer to indicate the pertinent
information for all employees covered by the Fair Labor Standards Act who were employed during the pay period; he will also see that the
necessary exemption certificates and other information are furnished to the County Treasurer so that proper deductions may be made and
records compiled for Federal Withholding Tax, Social Security Tax, Group Insurance, and Retirement Plan.
EMERGENCY MEDICAL SERVICE
SEE SALARY SCHEDULE ATTACHED
In addition, employees are paid an overtime rate of one and one-half times the above rates. An employee on call is paid an hourly rate of
$1.00. Amounts shown in the attached Salary Schedule are for budgeting purposes only.
PART-TIME OR TEMPORARY HELP
The various officials/supervisors will be allowed to employ extra help at the following maximum hourly rates
➢ Building Department Labor
$ 7.25
➢ Clerical Help in County Offices
$ 7.25
➢ Road and Bridge Precinct Labor
$ 7.25
➢ Waste Management Department Labor
$ 7.25
➢ Mechanics
$ 9.00
➢ Skilled Help
$15.00
➢ JP Court Clerks -Part -Time
$ 13.00
➢ Librarians -Part -Time
$ 12.78
➢ Bailiffs
$ 12.50
➢ Heavy Equipment Operators
$ 12.00
➢ Veterans Service Officer -Part -Time
$ 12.60
➢ License Differentials (per certification and if applicable):
➢ Pesticide/Herbicide
$ 0.12
➢ EMT Intermediate Certification
$ 0.14
➢ Vector
$ 0.58
➢ CDL
$ 0.17
➢ CDL-X (Hazmat endorsement)
$ 0.26
➢ K-9
$ 0.58
➢ Paramedic License
$ 0.58
➢ Pesticide/Herbicide plus Vector
$ 0.69
Payments may be made up to the amount authorized in each department budget, approved by the Commissioners Court in the 2016 Budget.
The officials/supervisors affected by this Order will not obligate the County for the payment of any compensation in excess of the extra help
Page No. 1
2016 ORDER PASSING MAIUMUM SALARIES, MAKING MONTNLY APPROPRIATIONS,
AND PASSING NOLIDAY SCHEDULE
allowance without prior authorization of Commissioners Court. These employees will be considered part-time or temporary employees of the
County and will be subject to Federal Withholding Tax and Social Security Tax deductions.
APPROPRIATIONS FOR CELL PHONE ALLOWANCE
County Commissioners will be paid a bi-weekly set allowance as follows:
Commissioner, Precinct No. 1
Commissioner, Precinct No. 2
Commissioner, Precinct No. 3
Commissioner, Precinct No. 4
$69.23 Bi-Weekly
$69.23 Bi-Weekly
$69.23 Bi-Weekly
$69.23 Bi-Weekly
APPROPRIATIONS FOR TRAVEL ALLOWANCE
Officers, agents or employees of the County will be reimbursed for actual traveling expenses while out of the County on official County
business or in attendance at conferences relating to County government up to the amount authorized in the 2016 budget for this purpose in
accordance with the County's purchasing manual. Reimbursement will be requested on the travel form available in the office of the County
Treasurer and will be filed, with supporting documentation, in the County Treasurer's Office within one month after the trip has been made.
Certain personnel will be reimbursed for actual traveling expenses in the County in amounts not to exceed the appropriations authorized in the
2016 budget.
Mileage reimbursement for the use of personal automobiles, which have been authorized, will be computed at the current rate set by the
Internal Revenue Service for tax purposes with the following exceptions which will be paid a bi-weekly set allowance as follows:
County Judge
Constables
Justices of Peace
Nuisance Enforcement Officer
$296.15 Bi-Weekly
$296.15 Bi-Weekly
$238.46 Bi-Weekly
$296.15 Bi-Weekly
APPROPRIATIONS FOR CALHOUN COUNTYAPPRAISAL DISTRICT
Payable in quarterly installments from the General Fund to the Calhoun County Tax Appraisal District:
Appraisal Services
Collection Services
HOLIDAY SCHEDULE
The Court set the following holiday schedule for the calendar year 2016:
Good Friday
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Day
New Year's Eve
New Year's Day
$55.751.25 Quarterly
$18,093.25 Quarterly
Friday, March 25
Monday, May 30
Monday, July 4
Monday, September 5
Friday, November 11
Thursday, November 24 &
Friday, November 25
Friday, December 23 &
Monday, December 26
Friday, December 30
Monday, January 2, 2017
However, it was agreed that if any of the above holidays should fall on a non -working day, the employees should be allowed to observe the
nearest working day preceding or following the holiday, as shown above.
Page No. 2
2016 ORDER PASSING MA1fIMUM SALARIES, MAKING MONTRYAPPROPRUITIONS,
AND PASSING HOLIDAY SCHEDULE
POLICIES PERTAINING TO SICK LEAVE, JOB RELATED ACCIDENTS, AND VACATION WILL BE FOLLOWED AS PER
EMPLOYEE POLICY AND PROCEDURES MANUAL.
Page No. 3
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