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2016-04-28Regular 2016 Term THE STATE OF TEXAS § COUNTY OF CALHOUN § Held April 28, 2016 BE IT REMEMBERED, that on this 28th day of April, A.D., 2016 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to -wit: Michael J. Pfeifer Roger C. Galvan Vern Lyssy Neil Fritsch Kenneth W. Finster Anna Goodman Josie Sampson County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 County Clerk Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation. Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. APPROVE MINUTES OF MARCH 10, 2016, MARCH 24, 2016 AND APRIL 14, 2016 MEETINGS: Commissioner Lyssy made a motion to approve minutes of March 10, 2016, March 24, 2016 and April 14, 2016 meetings. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor. Regular 2016 Term THE STATE OF TEXAS § COUNTY OF CALHOUN § Held March 10, 2016 BE IT REMEMBERED, that on this 10th day of March, A.D., 2016 there was begun and holden in the Commissioners' Courtroom in the County Courthouse In the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to -wit: Michael J. Pfeifer CountyJudge Roger C. Galvan Commissioner, Precinct #1 Neil Fritsch Commissioner, Precinct #3 Kenneth W. Finster Commissioner, Precinct #4 Anna Goodman County Clerk Josie Sampson Deputy County Clerk Commissioner Vern Lyssy was absent. Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation. Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. Regular 2016 Term THE STATE OF TEXAS § COUNTY OF CALHOUN § Held March 24, 2016 BE IT REMEMBERED, that on this 24th day of March, A.D., 2016 there was begun and holden In the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to -wit: Michael J. Pfeifer Roger C. Galvan Vern Lyssy Neil Fritsch Kenneth W. Finster Anna Goodman Josie Sampson County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 County Clerk Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation. Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. Regular 2016 Term THE STATE OF TEXAS § COUNTY OF CALHOUN § Held April 14, 2016 BE IT REMEMBERED, that on this 14th day of April, A,D„ 2016 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to -wit: Michael J. Pfeifer Roger C. Galvan Vern Lyssy Neil Fritsch Kenneth W. Finster Anna Goodman Josle Sampson County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 County Clerk Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation. Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. ORDER OF THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS; MAKING FINDS OF FACT: DECLARATION OF BEST INTERESTS OF CALHOUN COUNTY RESIDENTS REGARDING REQUESTING SUBSTITUTION OF CALHOUN COUNTY SNF PROJECT, LLC FOR CALHOUN COUNTY, RP, LTD; RECOMMENDATION OF TDADS CONTRACTING WITH CALHOUN COUNTY SNF PROJECT, LLC: Judge Pfeiffer made a motion to approve Order of the Commissioners' Court of Calhoun County, Texas; Making Finds of Fact: Declaration of Best Interests of Calhoun County Residents Regarding Requesting Substitution of Calhoun County SNF Project, LLC for Calhoun County, RP, LTD; Recommendation of TDADS Contracting with Calhoun County SNF Project, LLC. Commissioner Finster seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor. AN ORDER OF THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS; MAKING FINDINGS OF FACT; DECLARATION OF BEST INTERESTS OF CALHOUN COUNTY RESIDENTS REGARDING REQUESTING SUBSTITUTION OF CALHOUN COUNTY SNF PROJECT, LLC FOR CALHOUN COUNTY RP, LTD.; RECOMMENDATION OF TDADS CONTRACTING WITH CALHOUN COUNTY SNF PROJECT, LLC. Recitals: WHEREAS: A. On February 12, 2015, the Commissioners' Court of Calhoun County, Texas (the "Commissioners' Court") adopted the Order attached to this Order as Exhibit "A": B. The Commissioners' Court has been informed by the principals of Calhoun County RP, LTD. and the assets of the skilled nursing facility platform affiliated with Regency Post -Acute Healthcare System, Inc. (i.e. the management companies, the therapy company, the construction company, the pharmacy companies, the compliance company, the employee benefits company, the consulting company and the development projects, including the skilled nursing facility to be developed by Calhoun County RP, LTD.) that would have constructed, managed and serviced the new skilled nursing facility in Calhoun County was subject to a Contract of Sale with CSV SNF Texas, LLC ("Buyer") and such transaction closed on February 22, 2016, and the employees of the skilled nursing facility platform, except for Don Kivowitz, chairman of the board, and Heber Lacerda, chief executive officer and president, have remained essentially the same and will remain essentially the same for the foreseeable future; and C. In order to cause the efficient development of the new skilled nursing facility in Calhoun County, the Commissioners' Court finds that adoption of this Order and the recommended substitution of Calhoun County SNF Project LLC, a company created by Buyer to develop the planned Calhoun County nursing facility, for Calhoun County RP, LTD. to the Texas Department of Aging and Disability Services ("TDADS") is necessary to protect the public health and safety of the residents of Calhoun County. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS, THAT: 1. Findings. The recitations stated above are found to be true and correct and are incorporated herein as findings of fact. 2. Declaration of Best Interests of Calhoun County Residents. The Commissioners' Court finds that it is in the best interests of the residents of Calhoun County, Texas, for the Commissioners' Court to request that the TDADS substitute Calhoun County SNF Project, LLC for Calhoun County RP, LTD 3. Recommendation of Contracting Entity. Based on the recitations stated above, the Commissioners' Court recommends and requests that the TDADS contract with Calhoun County SNF Project, LLC instead of Calhoun County RP, LTD. for 120 Medicaid nursing facility beds in Calhoun County, Texas, under the Texas Medicaid Program. Calhoun County SNF Project, LLC's principal address, telephone number and contact persons are as follows: Calhoun County SNF Project, LLC Attn: Donovan Dekowski One O'Connor Plaza 101 W. Goodwin, Suite 600 Victoria, TX 77901 361.576.0694 4. Authorized Actions. Michael J. Pfeifer, County Judge, is hereby authorized and directed to undertake the actions and to execute, acknowledge and deliver in the name and on behalf of the County all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to cant' out the terms and provisions of this Order. 5. Effective Date. This Order shall be in force and effect from and after its passage on the date shown below. ADOPTED AND PASSED this the day of April, 2016 Michael J. Pfeife4-'alho Gounty Judge Attest: Deputy County fterk fo' (6 Anna Goodman Olerk of the Calhoun County Commissioners' e' EXHIBIT "A" 'RESOLUTION RURAL COUNTY MEDICAID WAIVER WHEREAS, Calhoun County Commissioners' Court has determined that additional Long Term care beds would benefit the citizens of Calhoun County; NOW THEREFORE, BE IT RESOLVED: that the Calhoun County Commissioners' Court notify the Texas Department of Aging and Disability Services of its intent to obtain and verify its eligibility for a Rural County Medicaid Waiver to provide an additional 120 beds for the Long Term care needs of the residents of Calhoun County, SIGNED AND SEALED this the 121h day of February, 2015. Commissioner, Precinct 2 ATTEST. Amia Goodman •cw,.'e, Fd!'� IIy: Josio Sampson, Deputy M' a J. Pfeifer "alhoun County Judge *Nvi'Tritsch Co/m�missioner, Precinct 3 Kenneth W. Finstor Commissioner, Precinct 4 gmt L 4 r Holm .• July 21, 2015 Mr. Paul Swacina Law Office of Paul J. Swacina 101 W. Goodwin Ave., Suite 600 One O'Connor Plaza Victoria, TX 77901 Re: Rural County Waiver, Calhoun County Dear Mr. Swacina: COMMISSIONot Jon Weizenbaum The Department of Aging and Disability Services (DADS) received an application from the Calhoun County Commissioner's Court recommending that DADS approve a rural county waiver for 120 Medicaid beds in Calhoun County in accordance with the Texas Administrative Code (TAC), Title 40, Part 1, Section 19.2322(h)(7). The Commissioner's Court recommended the waiver be issued to Calhoun County RP, Ltd. After careful review of the documentation submitted, DADS has determined that the Calhoun County Commissioner's Court has complied with all requirements of the above -referenced rule. Therefore, DADS is approving their recommendation to issue a rural county waiver to Calhoun County RP, Ltd. The deadline to construct, license and certify the 120 Medicaid bed facility is within 42 months after the waiver is granted or January 21, 2019. In accordance with 40 TAC § 19.2322(i), Calhoun County RP, Ltd. must comply with the attached benchmarks and submit evidence of compliance to DADS at the time of compliance. The waiver may be declared void if the applicant fails or refuses to provide evidence of compliance with each benchmark or deadline, or the evidence of compliance contains false or fraudulent information. Failure to meet this requirement is grounds for loss of the Medicaid bed allocation and for denial of any requested extension of the deadline. The progress reports must be submitted to: Annie Aguirre, Manager Nursing Facility and Adult Day Care Licensing and Credentialing Section Department of Aging and Disability Services, Mail Code E-342 P.O. Box 149030 Austin, Texas 78714-9030 701 W. 51 st St * P.O. Box 149030 * Austin, Texas 78714-9030 * (512) 438-3011 * wwwdadsstate.Ix.us An Equal Opportunity Employer and Provider Mr. Paul Swacina July 21, 2015 Page 2 Please let us know if you have any questions or need additional information. Julie Mayton, Licensing and Certification Specialist, serves as the lead staff on this matter and can be reached by phone at (512) 438-2335 or by e-mail atjulie.mayton@dads.state.tx.us. Sincerely, 1 Mary T. enderson Assistant Commissioner MTH:cab cc: Michael J. Pfeifer, County Judge, Calhoun County Attachment A Benchmarks 40 TAC Section 19.2322(i)(4) (4) Recipients of a waiver approval or a replacement nursing facility approval must comply with the following benchmarks and submit evidence of compliance to DADS at the time of compliance. (A) The land must be wider contract within 12 months after DADS approval of the waiver or replacement. (B) An architect or engineer, must be under contract within 15 months after DADS approval of the waiver or replacement. (C) The facility's preliminary plans must be completed within 18 months after DADS approval of the waiver or replacement. (D) The land must be purchased and a progress report submitted to DADS within 24 months after DADS approval of the waiver or replacement. (E) Entitlements (including municipality, planning and zoning, building permit) and the facility's foundation must be completed within six months after land purchase or 30 months after DADS approval of the waiver or replacement, whichever is later. (F) A construction progress report confirming active and ongoing construction must be submitted within 12 months after land purchase or 36 months after DADS approval of the waiver or replacement, whichever is later. (G) The facility must be constructed, licensed, and certified within 18 months after land purchase or 42 months after DADS approval of the waiver or replacement, whichever is later. REQUEST BY MAGNOLIA BEACH VOLUNTEER FIRE DEPARTMENT TO USE CALHOUN COUNTY 501(C)3 TO APPLY FOR DOW GRANT: PASS Calhoun County Commissioner Precinct #7 yS ASC O{ f 211 S. Ann .Port 1,avaca, TX 77979 (361) 552-9242 April 18, 2016 Honorable Michael Pfeifer Calhoun County Judge 2115. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Fax (361) 553-8734 Pager (361) 579-7915 Mobile (36J) 935-3552 Please place the following item on the Commissioner's Court Agenda for April 28, 2016. + Discuss and take necessary action to authorize the Magnolia Beach Volunteer Fire Dept. use of the Calhoun County 501(C) 3 to apply for Dow Grant. y Commissioner C. Galy RCGJapt [Adage 7k.. ( lndinnok n; iii6s REQUEST BY ARNOLD RANGEL AND LEO RUIZ OF NUESTRA CULTURA TO USE THE RODEO ARENA AT THE FAIRGROUNDS AND TO SELL BEER FOR THEIR NON-PROFIT SCHOLARSHIP FUNDRAISER. THE PROPER INSURANCE WILL BE PROVIDED FOR THIS EVENT: Commissioner Lyssy made a motion to approve request by Arnold Range[ and Leo Ruiz of Nuestra Cultura to use the Rodeo Arena at the Fairgrounds and to sell beer for their Non -Profit Scholarship Fundraiser. The proper insurance will be provided for this event. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor. l Calhoun County Commissioner Precinct #1 S�TE oe P 211 S. Ann xm4' `' Fax (361) 553-8734 Port Lavaca, TX 77979 Pager (361) 579-7915 (361) 552-9242 Mobile (361) 935-3552 April 19, 2016 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioner's Court Agenda for April 28, 2016. • Discuss and take necessary action to authorize Arnold Rangel and Leo Ruiz of Nuestra Cultura to use the Rodeo Arena at the Fair Grounds and to sell beer for their Non -Profit Scholarship Fundraiser. The proper insurance will be provided vent. Sincerel County Roger C. Galvan RCG/apt La Salle Monument Indianola, Texas I, Arnold Rangel and Leo Ruiz are asking permission to use the Rodeo Arena at the Fair Grounds and to sell beer May 7, 2016, for our Nuestra Cultura Organization. Nuestra Cultura is a Non- profit Organization aiming to raising money for 5 scholarships this year. We have met with Commissioner Galvan about this Cinco De Mayo Celebration where we will also be having a Bar- B-Que Cook Off, Bike Ride, Car Show and a Fun Zone for the children. Thank You, Arnold Range[ [I ) ...... ...... .... ... m v > o v 0 o m Y ° kF� H o c t; o' Q u g m E c A a o c a b m Q vm3 T O)N mt 0'C W 3' 'pO '�.a m a `m E«'° a m, O p �i 7 p B Q r o w> o o 771 jy pH% E 13 $ C7 ° p o CORRECTION SPECIAL WARRANTY DEED BETWEEN WALTER G. MAYFIELD AND SHEILA MAYFIELD AND CALHOUN COUNTY CONCERNING APPROXIMATELY 0.06 ACRES IN EXISTING WASHINGTON STREET IN THE UNINCORPORATED TOWN OF PORT O'CONNOR, TEXAS TO PROPERLY RESTRICT USE OF SAID LANDS FOR ROAD AND RIGHT OF WAY PURPOSES. CORRECTS SPECIAL WARRANTY DEED DATED DECEMBER 12, 2002 RECORDED AT CLERK'S FILE NO. 99673 OF THE OFFICIAL RECORDS OF CALHOUN COUNTY, TEXAS. AUTHORIZE COUNTY JUDGE TO SIGN SAID CORRECTION SPECIAL WARRANTY DEED: Commissioner Finster made a motion to approve Correction Special Warranty Deed between Walter G. Mayfield and Sheila Mayfield and Calhoun County concerning approximately 0.06 acres in existing Washington Street in the unincorporated town of Port O'Connor, Texas to properly restrict use of said lands for road and right of way purposes. Corrects Special Warranty Deed dated December 12, 2002 recorded at ClerKs File No. 99673 of the Official Records of Calhoun County, Texas. Authorize County Judge to sign said Correction Special Warranty Deed. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 April 21, 2016 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda April 28, 2016. • Consider and take necessary action on Correction Special Warranty Deed between Walter G. Mayfield and Sheila Mayfield and Calhoun County concerning approximately 0.06 acres in existing Washington Street in the unincorporated town of Port O'Connor Texas to properly restrict the use of said lands for road and right of way purposes. Corrects Special Warranty Deed dated December 12, 2002 recorded at Clerk's File No. 99673 of the Official Records of Calhoun County, Texas. Sincerely, Kenneth W. Finster KWF/at P.O. Box 177 — Seadrift, Texas 77983 — email: lvinster@calhouncotx.org — (361) 785-3141 — Fax (361) 785-5602 Leigh Rhodes-Zittrer Partner Via Federal Express Commissioner Kenneth Finster Calhoun County Precinct 4 104 East Dallas Street Seadrift, Texas 77983 CRADY, JEWETT & McCULLEY, LLP Lawyers 2727 Allen Parkway, Suite 1700 Houston, Texas 77019-2125 (713) 739-7007 larz(a)cimlaw.com April 25, 2016 RE: Correction Special Warranty Deed — Washington Street Dear Commissioner Finster: Telefax (713) 739-8403 Enclosed please find an originally executed Correction Special Warranty Deed, executed by Mr. and Mrs. Walter Mayfield, to accompany your presentation of this matter at Commissioner's Court this coming Thursday. LAR-Z/bp Enclosure(s) cc: Tad Mayfield (w/encl) Jody Weaver (w/encl) Truly yours, Pi:Rh'odes-Zittrer Tadkgoldstonoil.com iweaverg,,gwengineers,com 367429v.1 M249/00005 z-n NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU �" MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION Mm FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY MM BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL mr SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. -4-o e CORRECTION SPECIAL WARRANTY DEED #m .-r via Cn THE STATE OF TEXAS § com § KNOW ALL MEN BY THESE PRESENTS: w0 COUNTY OF CALHOUN § °M coo to WHEREAS, by that certain Special Warranty Deed dated December 12, 2002, 00 B recorded at Clerk's File No. 99673 of the Official Records of Calhoun County, Texas a r (the "Original Deed"), Walter G. Mayfield and wife, Sheila Earthman Mayfield, conveyed m to the County of Calhoun that certain approximately 0.06 acre strip of land more v V particularly described therein by metes and bounds description; WHEREAS, said lands were formerly part of a public right of way referred to as Washington Street and it was intended by the parties that said lands be conveyed back to the County, but be limited in their for use for public right of way purposes, however, said Original Deed unintentionally failed to include this restriction on said land's use; WHEREAS, the parties to this Correction Special Warranty Deed desire to correct said Original Deed in this limited regard and execute this Correction Special Warranty Deed, effective as of December 12, 2002 in order to correct the error in said Original Deed; and WHEREAS, the purpose of this Correction Special Warranty Deed is to correct, replace and supersede in full, the Original Deed. CJM 367070v.1 1 NOW THEREFORE, BE IT KNOWN THAT WALTER G. MAYFIELD and wife, SHEILA EARTHMAN MAYFIELD, hereinafter called "Grantor", whose current mailing address is 1819 Saint James Place, Houston, Texas 77056, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration cash in hand paid by THE COUNTY OF CALHOUN, a county of the State of Texas, hereinafter called "Grantee", the receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the Grantee, the following described tract or parcel of land lying and being situated in Calhoun County, Texas, to -wit: Being a portion of Lot 1, Block 1, MAYFIELD SUBDIVISON, said subdivision being recorded in Volume 2, Page 654 of the Map and Plat Records of Calhoun County, Texas, and being more particularly described as follows: Starting at the Eastern corner of said MAYFIELD SUBDIVISION on the Northern boundary of Taylor Avenue; and Thence N 260 38' West a distance of 150 feet with the Western boundary of Washington Boulevard to the Western corner of Washington Boulevard, being the point of beginning of the tract herein conveyed; and, Thence N 260 38' West a distance of 42 feet to the West corner of the tract herein conveyed; and Thence N 630 22' East a distance of 58.35 feet to the Mean Higher High Water Line of Matagorda Bay as described by said MAYFIELD SUBDIVISION Plat, being an Eastern corner of said MAYFIELD SUBDIVISION; and Thence S 3211 44' 48" East with the meanders of the Mean Higher High Water Line of Matagorda Bay as described by said MAYFIELD SUBDIVISION Plat (and the Northeastern boundary of said MAYFIELD SUBDIVISION) a distance of 41.95 feet to the Northern corner of Washington Boulevard; and CJM 367070v.1 2 Thence S 630 06' 18" West a distance of 62.82 feet along the Northern boundary of Washington Boulevard to the Point of Beginning. THIS CONVEYANCE and the warranty herein contained are expressly MADE SUBJECT to the following matters (but only to the extent such matters are valid and subsisting, without ratifying or waiving rights relating to such matters, and with the intention that the doctrine of revivor will not apply hereto): any and all easements, rights -of -way, and prescriptive rights, whether of record or not; restrictions; ordinances; mineral or royalty reservations or conveyances; leases of every kind and character; and any and all other matters other than liens or conveyances affecting the above described property and appearing of record in the Office of the County Clerk of Calhoun County, Texas. The property conveyed herein shall be used for public right of way purposes, but shall never be used for public parking of automobiles, nor shall any structures, buildings or improvements be placed on the property, except for roadbed, sidewalks, curbs, street signs and underground public utilities. These restrictions are for the benefit of the owner or owners of the remainder of the MAYFIELD SUBDIVISION and shall run with the land so as to be binding on all future owners of the property conveyed herein. TO HAVE AND TO HOLD the above -described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the Grantee, its successors and assigns forever; and Grantor, as limited by, through and under the herein named Grantor only, does hereby bind himself and his heirs and legal representatives to WARRANT AND FOREVER DEFEND, all and singular the said premises unto the Grantee herein, its successors and assigns, against every person whomever lawfully claiming, or to claim the same, or any part thereof. This instrument may be executed in one or more counterparts, each of which shall be deemed an original for all purposes, and when taken together shall constitute one and the same instrument. This Correction Special Warranty Deed is executed by the above named Grantor and Grantee as of t 2 � 2016, but is effective for all purposes as of CJM 367070v.1 3 December 12, 2002, the Effective Date (as set forth below). This Correction Special Warranty Deed replaces and supersedes for all purposes the Special Warranty Deed filed at Clerk's File No. 99673 of the Official Records of Calhoun County, Texas. EXECUTED this 4 day of" € 2016, effective as of December 12, 2002 (the "Effective Date"). WALTER G. MAYFIELD HEILA EARTHMAN MAL COUNTY OF CALHOUN By: Name: Michael J' feif r Title: County Judge THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument is acknowledged before me on this '.5` day of n 2016, by Walter G. Mayfield and wife, Sheila Earthman Mayfield. I d NOTARY PUBLIC, STATE -OF TEXAS CJM 367070v.1 4 THE STATE OF TEXAS § COUNTY OF Ccdkoll. § This instrument is acknowledged before me on this � day of 6)Lpr-; L 1 2016, by Michael J. Pfeifer, in his capacity as County Judge of Calhoun County, Texas. S tLEY NCIW� PIA SfI If-- of T�Ixos NOTARY PUBLIC, S TATI� OF TEXAS N 1u zJ210 N"fa 74 409�— CJM 367070v.1 May 04 2016 4.44 PH This Doeument has been received by this Office for Recording into the Official Public Records. He do hereby swear that we do not discriminate due to Race, Creed, Color, Sex or Rational origin. Filed for Record in: Calhoun County Honorable Anna Goodman County Clerk t /;t � I , p ✓ V Deputy Instr.: 147518 Stamps: 6 page(s) PUBLIC HEARING CONCERNING PETITION TO VACATE PART OF LOT 1, BLOCK 1, OF THE MAYFIELD SUBDIVISION AS RECORDED IN VOLUME Z, PAGE 654 OF THE PLAT RECORDS OF CALHOUN COUNTY, TEXAS: Judge Pfeifer opened the public hearing at 10:05 a.m. and asked if there were any comments from the public. Henry Danysh of G & W Engineers addressed the Court and stated that part of the Mayfield Subdivision will be divided into four (4) lots. Judge Pfeifer closed the public hearing at 10:07 a.m, as there were no comments from the public at this time Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 April 20, 2016 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda April 28, 2016. • Public Hearing concerning Petition to Vacate Part of Lot 1, Block 1 of the Mayfield Subdivision as recorded in Volume Z Page 654 of the Plat Records of Calhoun County, Texas. Sincerely, Kenneth W. Finster KWF/at P.O. Box 177 — Seadrift, Texas 77983 — email: kfinster@calhouncotx.org — (361) 785-3141 — Fax (361) 785-5602 PETITION TO VACATE Part of Lot 1, Block 1 Mayfield Subdivision, Calhoun County, Texas STATE OF TEXAS COUNTY OF CALHOUN KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being the designated agent of the owner of the property described as Lot 1 in Block 1 of the Mayfield Subdivision as recorded in Volume Z Page 654 of the Plat Records of Calhoun County, Texas, do hereby petition the Calhoun County Commissioners Court to vacate part of said Lot 1 in Block 1 in accordance with Sections 206 and 207 of the Subdivision Regulations and Recreational Vehicle Park Regulations adopted by Calhoun County Commissioners Court on November 29, 2004 and Amended on December 13, 2007. Property owner: Walter G. Mayfield Adjoining property owners are: Calhoun County, Texas The property is proposed to be replatted in accordance with a plat submitted to the Calhoun County Commissioners Court. The petition will be considered by the Calhoun County Commissioners Court on April 28, 2016 at 10:00 a.m. HenryPer. Danysh, R.P.L.S. 5088 G & Engineers, Inc. TBPLS Firm No. 10022100 205 W. Live Oak Port Lavaca, TX 77979 (361) 552-4509 AY lffi REQUEST TO VACATE PART OF LOT 1, BLOCK 1 OF THE MAYFIELD SUBDIVISION AS RECORDED IN VOLUME Z, PAGE 654 OF THE PLAT RECORDS OF CALHOUN COUNTY, TEXAS: Commissioner Finster made a motion to approve request to vacate part of Lot 1, Block 1 of the Mayfield Subdivision as recorded in Volume Z, Page 654 of the Plat Records of Calhoun County, Texas. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 April 20, 2016 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda April 28, 2016. • Discuss and take necessary action to Vacate Part of Lot 1, Block 1 of the Mayfield Subdivision as recorded in Volume Z Page 654 of the Plat Records of Calhoun County, Texas. Sincerely, A0V'V(W- CEN� Kenneth W.Finster KWF/at P.O. Box 177 — Seadrift, Texas 77983 — email: kfinster@calhouncotx.org calhouncotx.org — (361) 785-3141 — Fax (361) 785-5602 PRELIMINARY PLAT OF THE MATAGORDA BAYVIEW SUBDIVISION IN PORT O'CONNOR, TEXAS: Commissioner Finster made a motion to approve Preliminary Plat of the Matagorda Bayview Subdivision in Port O'Connor, Texas. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 April 20, 2016 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda April 28, 2016. • Discuss and take necessary action to approve the Preliminary Plat of the Matagorda Bayview Subdivision in Port O'Connor, Texas. Sincerely, Kenneth W. Finster KWF/at P.O. Box 177 — Seadrift, Texas 77983 — email: kfinster@calhouncotx.org — (361) 785-3141 — Fax (361) 785-5602 ioazwz �x nxu sva .., :'°x bbu n". SVX31 A1NnOO NNOHlVO j: LYL[ (6L6) ,�e� fiMa-ZSS (LC) 'm m a1aeL svzaL •uia ave ,'FC s¢ svxa 'vovnn uwa 6t ON iDVHIISKIGO S A3A80S SN L N30 0 t 1S o o o z o �.'f a $ iaseus mL reoei - eL Lams xva inn'• saL d'O'O 4S9/ZNOISNIO805 O1313AVW d0 L NOOlB NiNI I 101 30 18Vd o a a o u ° ONINNVId • ONU3A80S 9NI833NION3 NOISW08NS 380tl ZF't �I�II `523��IQI�AI� • At �? D MOiSIAMEMS AuR>Luas vaaODVJ.VN 1Vld A?JVNIWIl321d t H 4 a d w a mR 3.8, g .33. .. �y83 6 zim:SH §o€ $ €S € Ihi y, s N Q N n 3� 000 �� papRya&8$�:33 �9@S3e� ➢g 333€ 3 3 53d �Ybi& 0 3 stl8„y$ ae � � �� ♦�a � e�b��c �� a��usi �� ae �w W zg B age c'w a� 2k� 3g e79a g'3"- t �y y .�€ aF Bo.sBB F�-1 "• x V n o£b B Q MATAGGRBA BAY ...2S E LIN--1 z y I BOULEVARD O 2�BL45'E laxmn 192 w p i 5 s GW W V i y a �apdy o m m ______ __ ___-_�_ _-- 3 yy i m I H I E. € ita aaR w Fo N I = I 1,Z£'GLZ e ib 3 3"S aAE 3 Sa d� y �s7 'a �� c�di E3Z •l� G 6 Ua b3 as S ®k3 gi �yogd 3 kkb d� a 9=g s 3„ as :� Kg ?.�s 9 9x 20 FEE CHANGES IN THE CALHOUN COUNTY CLERK'S OFFICE: (1) Add —Criminal Fees • $50 for the Juvenile Delinguencv Prevention Fund for offense under Section 28.08 of the Penal Code (2) Civil Fees $15 for the Family Protection Fee Fund (Government Code §51.961) • $10 for the Court Record Preservation Fund (Government Code §51.708) (2) Reduce — Civil Fees • $5 (from $10) Records Management and Preservation Fee (Local Government Code §118.052(3)(G) Commissioner Finster made a motion to approve fee changes in the Calhoun County ClerKs office: (3) Add — Criminal Fees $50 for the Juvenile Delinquency Prevention Fund for offense under Section 28.08 of the Penal Code (2) Civil Fees $15 for the Family Protection Fee Fund (Government Code §51.961) $10 for the Court Record Preservation Fund (Government Code §51.708) (4) Reduce —Civil Fees • $5 (from $10) Records Management and Preservation Fee (Local Government Code §118.052(3)(G) Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor. KARINA MENCHACA, DEPUTY o"'0"7;in, DESMEE GARZA,, DEPUTY AMANDA RODRIGUEZ, DEPUTY _`',�'�F�^ FARLEIGH SUTTON, DEPUTY .�� Jos1E SAMPSON, CHIEF DEPUTY w, ANNA M. GOODMAN COUNTY CLERK 211 S. ANN STREET, PORT LAVACA, TX 77979 (361)553-4411 April 22, 2016 Hon. Mike Pfeifer Calhoun County Judge Calhoun County Commissioners' Court RE: Agenda Items for Commissioners' Court 04/28/2016 — Fees We would like to place the following items on the agenda: Fee Chan Add— Criminal Fees ® $50 for the Juvenile Delinquency Prevention Fund for offense under Section 28.08 of the Penal Code. Add — Civil Fees « $15 for the family Protection Fee Fund (Government Code §51.961) ® $10 for the Court Record Preservation Fund (Government Code §51.708) Reduce Imm — ® $5 (fiom $10) (Local Government Code §118.052(3)(G)) Respectfully, Anna M Goodman Calhoun County Clerk U:\Agoodman\AGENDA ITEMS\Agenda Item.042816.Fee Changes.Doc Page 1 CODE OF CRIMINAL PROCEDURE TTTLE 2. CODE OF CRIMINAL PROCEDURE CHAPTER 102. COSTS PAID BY DEFENDANTS SUBCHAPTER A. GENERAL COSTS (b) In this article, a person is considered convicted if: (1) a sentence is imposed on the person; (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person s case. (c) The clerks of the respective courts shall collect the costs and pay them to the county treasurer or to any other official who discharges the duties commonly delegated to the county treasurer for deposit in a fund to be known as the county juvenile delinquency prevention fund. A fund designated by this subsection may be used only to: (1) repair damage caused by the commission of offenses under Section 28.08, Penal Code; (2) provide educational and -intervention programs and materials, including printed educational materials for distribution to primary and secondary school students, designed to prevent individuals from committing offenses under Section 28.08, Penal Code; (3) provide to the public rewards for identifying and aiding in the apprehension and prosecution of offenders who commit offenses under Section 28.08, Penal Code; (4) provide funding for teen recognition and teen recreation programs; (5) provide funding for local teen court programs; (6) provide funding for the local juvenile probation department; and (7) provide educational and intervention programs designed to prevent juveniles from engaging in delinquent conduct. (d) The county juvenile delinquency prevention fund shall be administered by or under the direction of the commissioners court. Added by Acts 1997, 75th Leg., ch. 593, Sec. 2, off. Sept. 1, 1997. Section heading amended by Acts 2003, 78th Leg., ch. 601, Sec. 1, off. Sept. 1, 2003; Subsecs. (a) and (d) amended by Acts 2003, 78th Leg., ch. 601, Sec. 2, off. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., ch. 1053 (H.B. 2151), Sec. 3, off. September 1, 2007: (26) FAM I LY>P.ROTECTION:`F.EE source: Government Code § 51.961 Amount: $0.01 to $15.00 Statewide: Yes Applicability: (a) All new suits for dissolution of marriage (i.e., divorce suits, annulment suits, suits to declare a marriage void) (b) All plaintiffs except those persons protected by an order issued under: (1) Subtitle 8, Title 4, Family Code (protective order) (2) Article 17.292, Code of Criminal Procedure (magistrate's order for emergency protection):Local Option:. No;-: F.ee is_m4ndatpry butt ... Comh)issl4ners,Gourt sets:fee amount Destination: County -arm y Protection Account GOVERNMENT CODE TITLE 2. JUDICIAL BRANCH SUBTITLE D. JUDICIAL PERSONNEL AND OFFICIALS CHAPTER 51. CLERKS SUBCHAPTER A. CLERK OF SUPREME COURT "_SRRO.TECTTON OR:SFAM LX. . ...... . S.ecli:5.;967. FAMILY PROTECTION FEE. (a) The commissioners court of a county shall adopt a family protection fee in an amount not: to exceed $15. (b) Except as provided by Subsection (c), the district clerk or county clerk shall collect the family protection fee at the time a suit for dissolution of a marriage under Chapter 6, Family Code, is filed. The fee is in addition to any other fee collected by the district clerk or county clerk. (c) The clerk may not collect a fee under this section from a person who is protected by an order issued under: (1) Subtitle B, Title 4, Family Code; or (2) Article 17.292, Code of Criminal Procedure. (d) The clerk shall pay a fee collected under this section to the appropriate officer of the county in which the suit is filed for deposit in the county treasury to the credit of the family protection account. The account may be used by the commissioners court of the county only to fund a service provider located in that county or an adjacent county. The commissioners court may provide funding to a nonprofit organization that provides services described by Subsection (e). (e) A service provider who receives funds under Subsection (d) may provide family violence and child abuse prevention, intervention, family strengthening, mental health, counseling, legal, and marriage preservation services to families that are at risk of experiencing or that have experienced family violence or the abuse or neglect of a child. (f) in this section., "family violence' has the meaning assigned by Section 71.004, Family Code. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 637, Sec. 3, eff, June 15, 2007. Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.165(a), eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.66, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 637 (H.B. 764), Sec. 1, eff. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. 637 (H.B. 764), Sec. 3, eff. June 15, 2007. (25) COUO.AtCORD,P,:RESERVATI.C►N FEE source: Government Code § 51,708 Amount: $0.01 to $10.00 Statewide: Yes Applicability: All new civil suits (including probate court actions and garnishments after judgment) except minors' applications for orders authorizing an abortion without parental notice (see Family Code, § 33.003(n)). The fee should not be assessed on adverse probate actions. Local,Ophign:;Fee is:mandatory, but.CommissionersCourt:(appamntly),seis:fee:amount; (The"scat te.doesnotsay_Who:Isto.setthefee:) Destination. County Court Record .Preservetion Accouni GOVERNMENT CODE TITLE 2. JUDICIAL BRANCH SUBTITLE D. JUDICIAL PERSONNEL AND OFFICIALS CHAPTER 51. CLERKS SUBCHAPTER A. CLERK OF SUPREME COURT (b) Court fees due under this section shall be collected in the same manner as other fees, fines, or costs are collected in the case. (c) The clerk at least monthly shall send the fees collected under this section to the county treasurer or to any other official who discharges the duties commonly assigned to the county treasurer. The treasurer or other official shall deposit the fees in a cqurt rai'�Yi-l. 'nreseruatYon.:aeeount in the county treaSurY. (d) The court record preservation account shall be administered by or under the direction of the commissioners court of the county. Added by Acts 2009, 81st Leg., R.S., Ch. 1183 (H,B. 3637), Sec. 8, eff. September 1, 2009. LOCAL GOVERNMENT CODE TITLE 4. FINANCES SUBTITLE B. COUNTY FINANCES CHAPTER 118, FEES CHARGED BY COUNTY OFFICERS SUBCHAPTER A. GENERAL PROVISIONS (1) CIVIL COURT ACTIONS (A) Filing of Original Action (Sec. 118.053): (i) Garnishment after judgment . . . $15.00 (ii) All others . . . $40.00 (B) Filing of Action Other than. Original (Sec. 118.054) . . . $30.00 (C) Services Rendered After Judgment in Original Action (Sec. 118.0545): (i) Abstract of judgment . . . $ 5.00 (ii) Execution, order of sale, writ, or other process $ 5.00 (2) PROBATE COURT ACTIONS (A) Probate Original Action (Sec. 118.055): (i) Probate of a will with independent executor, administration with will attached, administration of an estate, guardianship or receivership of an estate, or muniment of title $40.00 (ii) Community survivors . . . $40.00 (iii) Small estates . . . $40.00 (iv) Declarations of heirship . . . $40.00 (v) Mental health or chemical dependency services . . . $40.00 . $ 5.00 (vi) Additional, special fee (Sec. 118.064) (B) Services in Pending Probate Action (Sec. 1,18.056): (i) Filing an inventory and appraisement as provided by Section 118.056(d) . . . $25.00 (ii) Approving and recording bond $ 3.00 estate . . . $25.00 (iii) Administering oath . . . $ 2.00 (iv) Filing annual or final account of (v) Filing application for sale of real or personal property . . . $25,00 (vi) Filing annual or final report of guardian of a person . . . $10,00 (vii) Filing a document not listed under this paragraph after the filing of an order approving the inventory and appraisement or after the 120th day after the date of the initial filing of the action, whichever occurs first, if more than 25 pages . . . $25.00 (C) Adverse Probate Action (Sec. 118.057) . . . $40.00 (D) Claim Against Estate (Sec. 118.058) $10.00 (E) Supplemental Court -Initiated guardianship Fee in Probate Original Actions and Adverse Probate Actions (Sec. 118.067) . . . $20.00 (F) Supplemental Public Probate Administrator Fee For Counties That Have Appointed a Public Probate Administrator (Sec. 118.068) . . . $10.00 (3) OTHER FEES (A) Issuing Document (Sec. 118.059): original document and one copy . . . $ 4.00 each additional set of an original and one copy $ 4.00 (B) Certified Papers (Sec. 118.060): I for the clerk's certificate . . . $ 5.00 plus a fee per page or part of a page of $ (C) Noncertified Papers (Sec. 118.0605): for each page or part of a page . . . $ 1.00 (D) Letters Testamentary, better of Guardianship, Letter of Administration, or Abstract of Judgment (Sec. 118.061) . . $ 2.00 (E) Safekeeping of Wills (Sec. 118.062) . . . $ 5.00 (F) Mail Service of Process (Sec. 118.063) same as sheriff (G): Records'.Management>`and`:Preserva...ion::.e...:a,:::<:; Q. (H) Records Technology and infrastructure Fee if authorized by the commissioners court of the county (Sec. 118.026) . . . $ 2.00 CONTRACT BETWEEN CALHOUN COUNTY AND THE GENERAL LAND OFFICE FOR AN EMERGENCY CEPRA GRANT FOR PORT ALTO BEACH AND AUTHORIZE COMMISSIONER FRITSCH TO SIGN: 19.'Wl Susan Riley From: neil fritsch <neil.fritsch@calhouncotx.org> Sent: Thursday, April 21, 2016 2:53 PM To: Judge Mike Pfeifer; susan riley Cc: Janie Delgado Subject: Agenda Item April 26 Judge Pfeifer, Please add the following to our Commissioners Court agenda on April 28. " consider and take any action to approve a contract between Calhoun County and the General Land Office for an emergency CEPRA grant for Port Alto Beach and allow Commissioner Fritsch to sign." Neil E. Fritsch Calhoun County Commissioner, Precinct 3 24627 State Hwy 172 Port Lavaca, TX 77979 361-893-5346- Office 361-893-5309- Fax neil.fritsch@calhouncotx.org Sent from my iPhone RENEWAL LEASE BETWEEN PITNEY BOWES AND THE CALHOUN COUNTY SHERIFF'S DEPARTMENT FOR 60 MONTHS BEGINNING MAY, 2016 AND AUTHORIZE SHERIFF ALEMAN TO SIGN. MONTHLY RENTAL HAS BEEN DECREASED BY $14.00: Commissioner Galvan made a motion to approve renewal lease between Pitney Bowes and the Calhoun County Sheriff's Department for 60 months beginning May, 2016 and authorize Sheriff Aleman to sign. Monthly rental has been decreased by $14,00. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor. CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 PHONE NUMBER (361) 553-4646 FAX NUMBER (361) 553-4668 MEMO TO: MIKE PFEIFER, COUNTY JUDGE SUBJECT: RENEWAL OF PITNEY BOWES LEASE DATE: APRIL 28, 2016 Please place the following item(s) on the Commissioner's Court agenda for the date(s) indicated: AGENDA FOR APRIL 28, 2016 Sincerely, To accept and allow Sheriff to sign renewal lease agreement with Pitney Bowes for 60 months beginning May 2016. Monthly rental has been decreased by $14.00. WNW George Aleman Calhoun County Sheriff kyMUNTiMM .W THANK YOU for your business. Below are answers to some commonly asked questions about your lease. Also, you will receive a Welcome Letter containing additional lease and account information. We value you as a customer and look forward to continuing to serve your needs. Important Information Regarding Your Lease and Account ♦ How are taxes billed? State -required sales tax will be added to your lease invoice. If you are tax exempt please advise your sales representative. Property tax will be billed separately by Pitney Bowes on an annual basis. ♦ How often will l be invoiced? You will be invoiced quarterly. If you are a new leasing customer, you may see a charge for "Interim Rent" on your first invoice. This is for usage of your equipment from the date of installation until your lease officially commences:After the Interim Rent period you will receive your standard lease invoice showing your quarterly lease payment. ♦ How does ValueMax® work? Asa reminder, if you do not provide Proof of Insurance within 30 days you will be automatically enrolled in the Pitney Bowes ValueMax® product protection program. You will see a charge on your quarterly lease invoice for this service as described in your lease agreement. ♦ How does Purchase Power work? Remember, if you have not prepaid for postage then the Purchase Power credit line attached to your postage meter account will be used and you will be billed as per your lease agreement. ♦ How does delivery and installation work? Your sales representative will provide an estimated delivery timeframe. Also, many Pitney Bowes products are self -installable; your sales representative will inform you if your equipment can be installed upon delivery or if a Pitney Bowes Service Technician is required. ♦ Online Account Access. You can access your account online to view and pay bills, place a service call, and take advantage of other online features. Visit us atwww.pb.com/mvaccount.' ♦ Global Financial Solutions. Pitney Bowes Global Financial Solutions (PBGFS) is a wholly owned subsidiary of Pitney Bowes Inc. who provides financing for Pitney Bowes' products. ♦ How do Service Level Agreement customers obtain service? If you need service from one of our one thousand A+ Certified Service Professionals who are equipped with real time wireless technology, please call 800-522-0020. LEASE TERMS AND CONDITIONS This is a lease with Pitney Bowes Global Financial Services LLC (PBGFS), Pitney Bowes' leasing company. PBGFS provides leasing options to our customers. PBGFS does not warrant, service or otherwise support the equipment. Those services are provided by Pitney Bowes Inc. (PBI) as stated in the Pitney Bowes Terms. Due to federal regulations, only PBI can own an IntelliLink® Control Center or Meter. Therefore, those items are rented to you, rather than leased. Unlike the other equipment you may lease from us, you cannot purchase an IntelliLink Control Center or Meter at the end of the Agreement. L1. DEFINITIONS 1-1.1 All capitalized terms that are not defined in this document are defined in the "Definitions" section of the Pitney Bowes Terms. L2. AGREEMENT L2.1 You are leasing the Equipment listed on the Order. You will make each Quarterly Payment by the due date shown on our invoice. L2.2 You may not cancel this Lease for any reason except as expressly set forth in Sections L70 and L11 below. All payment obligations are unconditional. L2.3 Our remedies for your failure to pay on time or other defaults are set forth in the "Default and Remedies" section of the Pitney Bowes Terms. L2.4 You authorize us to file a Uniform Commercial Code financing statement naming you as debtor/lessee with respect to the Equipment. L3. PAYMENT TERMS AND OBLIGATIONS L3.1 We will invoice you in arrears each quarter for all payments on the Order (each, a "Quarterly Payment"), except as provided in any SOW attached to this Agreement. L3.2 Your Quarterly Payment may include a one-time origination fee, amounts carried over from a previous unexpired lease, and other costs. L3.3 If you request, your IntelliLink Control Center/Meter Rental fees, Service Level Agreement fees, and Soft -Guard' payments ("PBI Payments") will be included with your Quarterly Payment and begin with the start of the Lease Term. Your Quarterly Payment will increase if your PBI Payments increase. L4. EQUIPMENT OWNERSHIP L4.1 We own the Equipment. PBI owns any IntelliLink Control Center or Meter. Except as stated in Section L6.1, you will not have the right to become the owner at the end of this Agreement. L5. LEASETERM L5.1 The Lease term is the number of months stated on the Order ("Lease Term"). L6. END OF LEASE OPTIONS L6.1 During the 90 days prior to the end of your Lease, you may, if not in default, select one of the following options: (a) enter into a new lease with us; b purchase the Equipment "as is, where is" for fair market value; or (a) return the Equipment, IntelliLink Control Center and/or Meter in its original condition, reasonable wear and tear excepted. If you return the Equipment, IntelliLink Control Center and/or Meter, at our option you will either (1) properly pack them and insure them for their full replacement value (unless you are enrolled in the ValueMAX® program) and deliver them aboard a common carrier, freight prepaid, to a destination within the United States that we specify, or (it) properly Pack and return them in the return box and with the shipping label provided by us and, in either case, pay us our then applicable processing fee. L6.2 If you do not select one of the options in Section L6.1, you shall be deemed to have agreed to enter into successive 12-month annual extensions of the term of this Agreement. You may opt to cease the automatic extensions by providing us with written notice within 120 days (but no less than 30 days or such shorter period as may be contemplated by law) prior to the expiration of the then -current term of this Agreement. Upon cancellation, you agree to either return all items pursuant to Section L6.1(c) or purchase the Equipment. L7. WARRANTY AND LIMITATION OF LIABILITY L7.1 WE (PBGFS) MAKE NO WARRANTIES, EXPRESS OR IMPLIED. INCLUDING ANY WARRANTY OF L7.2 PBI provides you with (and we assign to you our rights in) the limited warranty in the Pitney Bowes Terms. L7.3 WE ARE NOT LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES), OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT. L8. EQUIPMENT OBLIGATIONS L8.1 Condition and Repairs. You will keep the Equipment free from liens and encumbrances and in good repair, condition, and working order. L8.2 Inspection. We may inspect the Equipment and any related maintenance records. L8.3 Location. You may not move the Equipment from the location specified on the Order without our prior written consent. L9. RISK OF LOSS AND VALUEMAXS PROGRAM F.-n-surance own the equipment while you lease it from us, we need to make tected while it is in your possession. You can demonstrate to equipment will be protected either by showing us that your ill cover the equipment or by enrolling in our tee -based rogram. The terms of that program are listed in Section Li L9.1 Risk of Loss. (a) You bear the entire risk of loss to the Equipment from the date of shipment by PBI until the end of the Lease Term (including any extensions), regardless of cause, ordinary wear and tear excepted ("Loss"). (b) No Loss will relieve you of any of your obligations under this Lease. You must immediately notify, us in writing of the occurrence of any Loss. (c) You will keep the Equipment insured against Loss for its full replacement value under a comprehensive policy of insurance or other arrangement with an insurer of your choice, provided that it Is reasonably satisfactory to us ("Insurance"). YOU MUST CALL US AT 1-800-732-7222 AND PROVIDE US WITH EVIDENCE OF INSURANCE. L9.2 ValueMAX Program. (a) If you do not provide evidence of insurance and have not enrolled in our own program (ValueMAX), we may include the Equipment in the ValueMAX program and charge you a fee, which we will include as an additional charge on your invoice. (b) We will provide written notification reminding you of your insurance obligations described above in Section L9.1(c). (c) If you do not respond with evidence of insurance within the time frame specified in the notification we may immediately include the Equipment in the ValueMAX program. (d) If the Equipment is included in the ValueMAX program and any damage'or destruction to the Equipment occurs (other than from your gross negligence or willful misconduct, which is not covered by ValueMAX), we will (unless you are in default) repair or replace the Equipment. (a) If we are required to repair or replace the Equipment under the ValueMAX program and we fail to do so within 20 days of receiving your written notice of loss or damage, you may terminate this Lease. (f) We are not liable to you if we terminate the ValueMAX program. By providing the ValueMAX program we are not offering or selling you insurance; accordingly, regulatory agencies have not reviewed this Lease, this program or its associated fees, nor are they overseeing our financial condition. L10. NON -APPROPRIATION 1_10.1 You warrant that you have funds available to pay all payments until the end of your current fiscal period, and shall use your best efforts to obtain funds to pay all payments in each subsequent fiscal period through the end of your Lease Term. If your appropriation request to your legislative body, or funding authority ("Governing Body") for funds to pay the payments is denied, you may terminate this Lease on the last day of the fiscal period for which funds have been appropriated, upon (i) submission of documentation reasonably satisfactory to us evidencing the Governing Body's denial of an appropriation sufficient to continue this Lease for the next succeeding fiscal period, and (it) satisfaction of all charges and obligations under this Lease incurred through the end of the fiscal period for which funds have been appropriated, including the return of the Equipment at your expense. L11. EARLY TERMINATION L11.1 You further warrant that you intend to enter into this Lease for the entire Stated Term and you acknowledge that we have relied upon such represented intention when determining the applicable pricing plan. If you cancel or terminate this Lease prior to expiration of the Stated Term (other than for non -appropriations), you shall pay a termination charge equal to the net present value of the monthly payments remaining through the completion of the term, discounted to present value at a rate of 6% per year. The foregoing paragraph shall supercede Section G5.2(b) of the Pitney Bowes Terms, L12. MISCELLANEOUS 1_12.1 If more than one lessee is named in this Lease, liability is joint and several. L12.2 YOU MAY NOT ASSIGN OR SUBLET THE EQUIPMENT OR THIS LEASE WITHOUT OUR PRIOR WRITTEN CONSENT, WHICH CONSENT WILL NOT BE UNREASONABLY WITHHELD. L12.3 We may sell, assign, or transfer all or any part of this Lease or the Equipment. Any sale, assignment, or transfer will not affect your rights or obligations under this Agreement. IC0154402.3) Page 2 of 2 See Pitney Bowes Tema for additional terms and conditions PBGFS SLG FMV Lease Agreement (version 2113) 02012 Pitney Bowes Inc. All rights mserved. Pitney Bowes Conned+, Soft -Guard, IntelliLink, Purchase Power and ValueMAX are registered trademarks owned by Pitney Bowes Inc. PitneyBowes Engineering the flow of communication, Constant Connection Checklist Thank ou for choosing Pitney Bowes as the provider of Mailstream technologies. The DM Series M Mailing System you have selected represents the finest technology available in the mailing industry. In order to take advantage of all it has to offer it is important that your company's network is ready when the installation is performed. A LAN based connection is the primary method for your new DM SeriesTM Mailing System to connect to Pitney Bowes for postage download, software updates and more! To help ensure your complete satisfaction, please take a few moments to review the following information about Constant Connection. Customer Checklist ❑ • IT administrator has been notified of Constant Connection installation ❑ • Customer has a 'working' network connection ❑ • Native Internet Access (If not, IT to provide method of access, supply IT with Constant Connection manual) ❑ • Port 80 (HTTP) and Port 21 (FTP) allow outbound initiated transactions ❑ • A wall jack is within 14 feet of the equipment If not, some wireless routers are compatible with your new DM Series Mailing System (For more information see pb.com/constantconnection. Refer to the supported devices section) For more information on Constant Connection please visit—www pb.c onttcorsstanfcortnedion. ISCA Certification, White Papers, FAQ's and Customer Support are available should you have additional questions or require further assistance. e t pitrt�y4�r✓��} State and Local Fair Market Value Lease Agreement Number Your Business Information CALHOUN COUNTY SHERIFFS DEPARTMENT Full Legal Name of Lessee / DBA Name of Lessee Tax ID # (FEIWIN) 211 SANN ST PORT LAVACA TX 77979-4203 Billing Address: Street City State ZIP+q JENNY MCGREW 3615534653 0u11128274 Billing Contact Name Billing Contact Phone # Billing Account At 2118 ANN ST PORT LAVACA TX 77979-4203 Installation Address (if different from billing address): Street City State ZIP+4 JENNY MCGREW 3615534653 0011128274 Installation Contact Name installation Contact Phone# Installation Account# 2016-OB-03 PO # Quote Expiration Date Your Business Needs City Item Business Solution Description 1 DM225 DM225 Digital Mailing System 1 1FA1 BaslcAccounting (25 Dept) 1 7PRO DM125 US Meter Subscription 1 F9SA DM Series Professional Installation (LV) 1 MPC1 MPC1- Integrated Weighing Platform 1 PROD PR00- Meter for DM1251 DM225 1 PRP5 PRP55Its Weigh et/External Display 1 SJ20 Sof(Guard for DM225 1 STDSLA Standard SLA-Equipment Service Agreement (for DM225 Digital Mailing System) 1 SVDF SVDF-DM225 Digital Mailing System Your Payment Plan Initial Term: 60 months Initial Payment Amount: ( ) Tax Exempt Certificate Attached Number of Months Monthly Amount Billed Quarterly at* ( ) Tax Exempt Certificate Not Required 69 $ 82.59 $ 247.77 ( ) Purchase Power® transaction fees included (X) Purchase Power® transaction fees extra 'noesnotlnGutle anyapp'iicadlesalss,uso, aWoperty taxes whlcF 1nll6e Wlletlseparefely. U516NO2.3 10116 02016 Pliant Bowes Inc. All rights ass awed. Page 1 of 2 See runs, Bowes Toone foraddilional feamsantl.ongXlona Your Signature Below Non -Appropriations. You warrant that you have funds available to make all payments until the end of your current fiscal period, and shall use your best efforts to obtain funds to make all payments in each subsequent fiscal period through the end of your Lease Term. If your appropriation request to your legislative body, or funding authority ("Governing Body) for funds to make the payments is denied, you may terminate this Lease on the last day of the fiscal period for which funds have been appropriated, upon (i) submission of documentation reasonably satisfactory to us evidencing the Governing Body's denial of an appropriation sufficient to continue this Lease for the next succeeding fiscal period, and (ii) satisfaction of all charges and obligations under this Lease incurred through the end of the fiscal period for which funds have been appropriated, including the return of the equipment at your expense. By signing below, you agree to be bound by all the terms and conditions of your State's/E Mayd pb mmistateslbuvboard and are incorporated by reference (collectively, this "Agreer binding on us after we have completed our credit and documentation approvals process ai participate in the ValueMAX® equipment protection program (see Section 1-9 of the May apply which are available by clicking on the hyperlink for that software located atwww,pjln Those additional terms are incorporated by reference. Pliny Bowes Signature Sales Information including the Paney Bowes Terms, which are available at no of this Agreement will govern this transaction and be Ise requires you either provide proof of Insurance or al fee. If software is included in the Order, additional terms Account Rep Name 1 Split Sales Rep ID District Office Account Rep Name 2 Split Sales Rep ID District Office a315M02.3 lone 0 2015 Pdneyaowes Inc All Alit, reserved. Peee2 of 2 Sre Pitney aoaas Terms for additional teems and conditions CIERTIFICAIE OF INTERESTED PARTIES Rm 120 toil � a8ti14s,� antl Nrvlvera €nraaT to g. rvlvt9r�Allf",1 W aitoa3rrr�WG�sPool F5dW CJE ONLY. CERTWICATIONOrFi4. NO �rptls#Aum4�r:. 2.9��-�9 4 t`d�m�:efkar�ilf�s��p8p��i3n�term,;vaa�:�v�fly:st�i��nd�euntapi.�ta'�13s�in��aru#iS�spi�e etirNaia. �.". gvvvrieeiair. �r3Ni vg, ey. 2{ra€ag.:v len###csrafiiMtif9 pink_._ �ein9 fOvd. ��IiiA�n �runt�ahvriif ®t1J2� ��as A��®Prl�4�s43 B Arc Vi�v on fidjm ir:Wit bY'th9 00'ViRRjOR MARY lir* 609 444t9c 1900 She eonkx t,&raxa dv 9irpti9ri9(vh9gvvds@fv 9R®byprarvidva#grr "60wirmL ,t W Proming and r Rg14 rraeraf UoW.V . — - p.ij�.,. § A. yy.. Of6_ -q_ -- ta'l@fMfB�f i79f9f��# �6ti�bif"�9�}I4�1i1g� alarairg}7}ng tra3erfroeAlaty 5Ftertagi W *TOOT Ismar.oroffrrh:undarperwyOf, Peypjy, t�;l9aao.overiisdasurdispus wwr.. aga s nawrebfautlfonze e>rtofcgndacie+r9bP�fiiBy tAFFONOTA.RY STAMPiPEA!_. A Vf �ylcsrlri�� n4�u ili d� f©t rrrP #ralov iQ� .F }^P(` fiullA.) 1°`- fhe. l� clow i .. Agypoyc Nor saj1f1?�.AfC �t*Jia1C�"Ffii$Pit.@15H�fM'iS,J a $'dI7E�ed d64179r� 4# 9�CEf'�?fAi7ll54er11if7 Odril Yii7e Oi 91r9 adre+iaist¢firc9 fiiii�9 �Arro7Ps�au?des9by3`!eAS'�dl9ics'Cf5itu7pi�sf®n vdbven;etiiicss;�[�.ix.ars 1Niq�)iynvlu�twn PITNEY BOWES GLOBAL FINANCIAL SERVICES AGREEMENT I I I I I I 1 1 STATE & LOCAL FAIR MARKET VALUE LEASE Agreement Number Your Business Information CALHOUN COUNTY SHERIFFS DEPARTMENT Full Legal Name of Lessee DBA Name of Lessee Tax ID If (FEINrFIN) 211 S ANN PORT LAVACA TX 77979-4200 Billing Address: Street City State Zip+4 ( ) ext 16639192869 Billing Contact Name Billing Contact Phone # Billing CAN # - 211 S ANN PORT LAVACA TX 77979-4200 Installation Address (If di#erent from billing address) : Street City State Zip+4 Jenny McGrew (361) 553 4653 ext _ 16639192869 Installation Contact Name Installation Contact Phone # Installation CAN # Fiscal Period (from -to) Customer PO # Delivery CAN # Your Business Needs Check items to be Included In customers havment Oty 1 Business Solution Description Mail Stream Solution -1 DM225 Digital Mailing System 1 IntelliLink Interface / PSD for DM125 ! DM225 1 Basic Accounting (25 Dept) Software 1 516 Integrated Weighing 1 Professional Installation X❑ 1 Integrated Weighing Platform 1 pbSmartPostage Free 1 IntelliLink Subscription x Service Level Agreement Tier 1-Provides repair and maintenance service for equipment f5landard SLAT Software Maintenance (addl ional terms apply) -Provides revision updates 6 mcbnicel assistance soft -Guard® Subscription - Provides pascal and carder updates lived do net choose Soft -Guard pmention with your lease, you will automatically receive updates at Par. current roles Intelill-IS® Subscdptionl Meter Rental - ProvldessimpA#ad billing andindudde postage resets O Value Based Serviees O Purchase Pmemovensitlim ❑Permit Mail Payment Service -Aliowsyouto mosolidace permit postage with meteredpperrim underone escape. Asa pertnft mall user. we need USPS farms 6001, 6002, and 6003, along with the Permit Enrollment rem, to activate your Permit Mail Payment service. ❑YES PBGFSValueMAX®Progrsm Ix) No Enrollment (1 v40 provide proof of iressuccewithin the next 30 days es noted in paragraph L9) Your Payment Plan Number Of Months Monthly Amount Billed Quarterly At' () Required advance check of $( ) received Tax Exempt# State Tax (lfapplicable) First 60 $83 $249 () Tax Exempt Certificate Attached ()Tax Exempt Certificate Not Required `Does not include any applicable taxes. Your Signature Below Non- pprepriat'onitYou warrant that you have funds available to pay all payments until the end of your current fiscal period, and shall use your best efforts to obtain funds to pay all payments In each subsequent fiscal period through the end of your Lease Term. If your appropriation request to your legislative body, or funding authority ("Governing Body") for funds to pay the payments is denied, you may terminate this Lease on the last day of the fiscal period for which funds have been appropriated, upon (g submission of documentation reasonably satisfactory to us evidencing the Governing Body's denial of an appropriation sufficient to continue this Lease for the next succeeding fiscal period, and till satisfaction of all charges and obligations under this Lease incurred through the end of the fiscal period for which funds have been appropriated, including the return of the Equipment at your expense. By signing below, you agree to be bound by all the terms and conditions of this Agreement, including those contained on page and those located in the Pitney Bowes Terms (Version 2113), which are available at www.pb.coMterms and are incorporated by reference. The lease will be binding on PBGFS only after PBGFS has completed Its credit and documentation approval process and an authorized PBGFS employee signs below. The lease requires you either to provide proof of Insurance or instead participate in the Pitney Bowes ValueMAX equipment protection program (see paragraph L9 page 2) for an additional fee. Customer Signature George Aleman Date Sheriff Print Name Title Email Address Sales Information Christopher Keyworth 007 Account Rep Name District Office PBGFS Acceptance {C0154402.3) Page 1 of 2 see Pitney Bowes Terms for additional terms and conditions PBGFS SLG FMV Lease Agreement (Vemlon 2n3) r *2012 Pitney Bowes Inc. All rights reserved. Pllney Braves Conned,+, Soft -Guard, Inmililnk, Purchase Power and ValueMBX are registered trademarks owned by Pitney Braves Inc. CERTIFICATE OF INTERESTED PARTIES Form 1295 � eta C mp fn Mq,. , I = 4 Md 6 NNftera we tntPre§tsd pslies, vtbpiato NAP:1, Z %4, Ltd f) it owe aro nP o0la iew peffim o��oC� tl$� d9lifl.Y CERTIFICATION OF FJMNG calificaw Number,. 2916-40122 4 Flame of bu4nm amity fling form, 40 ifav city, §t@ pied motry of the biminsss enthyl§ place of buabteeg, pimey ROW05, im, Spefton, CT United slaw Rat" 010, tuna w fiovamm0n . am tYo oagency malrartyto eoonfrao-forwhi-wi �r`mfa — balitg filed. 01134/2Ai6 Calhoun County Sheriff A.Asifrio»fedgsds s provide the idehtif r*10n nomow miiid pyvii gevermneow entity or ItA agency to freak ar id m ify dto conlaw, god pr4wo o 40404000n of the goads or geruicaa to be Brotddad under the contr"t -PAW pr9gaWng and matef rzgWpmenl A Narma.of fmf0r"vd p#lty Deity, state, cquntry (blast• of buain0ta) Natura of intoroaf (cbaok opplicablo) canlrobing Pistarmadoary 5 cheekk oplya *wi is d 6kv eswd. party: .... ® - .-. .. - .. Psvtrar: ai#arm., under pertalty'Pf'Perj4t7YtltatAhe ahnved insure is.}rue aani correct;-.. 5 AFFIDAVFT s" natere of authorrae e"i df comaetprig 47isi1iRfis kniify AFFt%N9TARY STAMP MEAL ABOVE syrorn fo'and submit bed botara rr , bydiub said � �t4ati�P}Y ( i f�1 H 3"dt in >he, I l"� day'df . ?.4rr fo corrify v%iek, rfi+0g�,n�aE3ygpGi9 WOTARYPUBUC l�t'a:�iainisa�la mac, ai, zsis S \' e .b c `ppe Sfgmadaure xnf ail s�raaPrrian±sterLii,� Pdnfed narete of ofUcefadminWering Mi - - w afficid'adminisleting omb F, oTibg prmAdes3 9ry 1e%r F�Isics Cs3irtmissfoa v✓an^ii�ethlrS.st .tx:us ... - V. rsinn V1,0;645 CERTIFICATE OF INTERESTED PARTIES FoRM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-40122 Date Filed: 04/14/2016 Date Acknowledged: 05/19/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Pitney Bowes, Inc. Shelton, CT United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Calhoun County Sheriff 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 496-15 Mial Processing and Meter Equipment 4 Name of Interested Part Y City, State, Country lace of business Y� Y (p ) Nature of interest check applicable) ( Pp ) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645 LEASE BETWEEN RICOH AND CALHOUN COUNTY TAX ASSESSOR IN THE AMOUNT OF $373.80 QUARTERLY AND AUTHORIZE COUNTY JUDGE TO SIGN: Commissioner Finster made a motion to approve lease between Ricoh and Calhoun County Tax Assessor in the amount of $373.80 quarterly and authorize County Judge to sign. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor. Susan Riley From: Gloria Ochoa <gloria.ochoa@calhouncotx.org> Sent: Friday, April 15, 2016 4:30 PM To: Susan Riley Subject: Copy Machine Lease for Agenda Hi Susan, The office copy machine lease has come up for renewal and it will need to be an agenda item on the next Commissioners Court for Judge to sign. If you need anything further please let me know. Thank you, Gloria Ochoa IMAGE Manage end//� Prodold S Ale(We Ricoh USA, Inc. 70 Valley Stream parkway Malvern, PA 19355 product Schedule Number: Master Lease Agreement Number: This Product Schedule (this "Schedule") is between Ricoh USA, Inc. ("we" or "us") and CALHOUN, COUNTY OF , as customer or lessee ("Customer" or "you"), This Schedule constitutes a "Schedule," "Product Schedule," or "Order Agreement," as applicable, under the (together with any amendments, attachments and addenda thereon, the "Lease Agreement") identified above, between you and All terms and conditions of the Lease Agreement are incorporated into this Schedule and made a part hereof. If we are not the lessor under the Lease Agreement, then, solely for purposes of this Schedule, we shall be deemed to be the lessor under the Lease Agreement. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Schedules to the Lease Agreement. CUSTOMER INFORMATION CALHOUN, COUNTY OF GLORIA OCHOA Customer (Bill To) Billing Contact Name 211 S ANN ST 211 S ANN ST Product Location Address Billing Address ofdif/erear from location address) PORTLAVACA TX 77979-4203 PORTLAVACA TX 77979-4203 City County State Zip City County State Zip Billing Contact Telephone Number Billing Contact Facsimile Number Billing Contact E-Mail Address 3615534433 1 -iione@none.com PHODUUVE U1PMENI'DESCRIP'IION ("Product" Qly Product Desenption: MakeRModel I RICOH WC2503 Qty Product ➢esciquion: Make&Modd PAYMENT SCHEDULE Minimum Term pnood") Mlalmum Paymmd Mlnlmmn Payment Billing Frequency Advmtce Pascual OPrlAom It,,)❑ Monthly ❑ 1'Psyment 60 $373.80 E Quarterly El1"&Laatpaymut ❑ Other: ❑ Other: Gmum.tceelllllnlmam lrrmgesiO Cast of Additional Images° Color Color Meter Winting/Billiog Frequency ❑ Monthly 4,500 0 $0.0084 $o.oso9 O Oter:Quarterly Other: ' Based upon Minimum Payment Billing Frequency `Based upon standard g Y"x t I" paper size. Paper sizes greater bran 8'/," x 11"may co,mt es more Wan one image. Sales Tax Exempt YES(Attaeh Exemption Cedihcate) Customer Billing Reference Number(RO_ H, etc.) Addendum(a) attached: ❑ YES(clmek ifyes and indicate total number ofpages:� TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. If the Lease Agreement uses the terms "Lease Payment' and "Commencement Date" rather than "Payment" and "Effective Dale," then, for purposes of this Schedule, the tern "Payment" shall have the same meaning as "Lease Payment," and the tern "Effective Dole" shall have the same meaning as "Commencement Date" 04/14/2016 15:13 PM 19165674 ®ill Nti[4 PRLL',L' ,111% LSEADD PS -IMP 4.15 Ricoh® and the Ricoh Logo are registered trademarks of Ricoh Company, Ltd. Page I of 2 2. You, the undersigned Customer, have applied to us to use the above -described Product for lawful commercial (non -consumer) purposes. THIS IS AN UNCONDITIONAL, NON - CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE, except as otherwise provided in any non -appropriation provision of the Lease Agreement, if applicable. If we accept this Schedule, you agree to use the above Product on all the terms hereof, including the terns and conditions on the Lease Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE LEASE AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE LEASE AGREEMENT. You acknowledge and agree that the Ricoli service commitments included on the "linage Management Plus Cmmnaments"page attached to this Schedule (collectively, the "Commitments") are separate and independent obligations of Ricoh USA, Inc. (`Ricoh") governed solely by the terms set forth on such page. If we assign this Schedule in accordance with the Lease Agreement, the Commitments do not represent obligations of any assignee and are not incorporated herein by reference. You agree that Ricoh alone is the party to provide all such services mid is directly responsible to you for all of the Commitments. We are or, if we assign this Schedule in accordance with the Lease Agreement, out assignee will be, the party responsible for financing and billing this Schedule, including, but not limited to, the portion of your payments under this Schedule that reflects consideration owing to Ricoh in respect of its performance of the Commitments. Accordingly, you expressly agree that Ricoh is an intended party beneficiary of your payment obligations hereunder, even if this Schedule is assigned by us in accordance with the Lease Agreement. 3. Image Charges/Meters' In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Images as specified in the Payment Schedule of this Schedule. The Meter Reading/Billing Frequency is the period of time (monthly, quarterly, etc.) for which the number of images used will be reconciled If you use more than the Guaranteed Minimum Images during the selected Meter Reading/Billing Frequency period, you will pay additional charges at the applicable Cost of Additional Images as specified in the Payment Schedule of this Schedule for images, black and white and/or color, which exceed the Guaranteed Minimum Images ("Additional Images"). The charge for Additional Images is calculated by multiplying the number of Additional Images by the applicable Cost of Additional Images, The Meter Reading/Billing Frequency may be different than the Minimum Payment Billing Frequency as specified in the Payment Schedule of this Schedule. You will provide us or our designee with the actual meter reading(s) by submitting meter reads electronically via an automated meter read program, or in any other reasonable manner requested by us or our designee from time to time. If such meter reading is not received within seven (7) days of either the end of the Meter Reading/Billing Frequency period or at our request, we may estimate the number of images used. Adjustments for estimated charges for Additional Images will be made upon receipt of actual meter reading(s). Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if airy) are: THE PERSON SIGNING THIS SCHEDULE ON BEHALF OFT HE CUSTOMER REPRESENTS THAT HE/SIIE HAS THE AUTHORITY TO DO SO. J_ Date: Accepted by: RICOH USA, INC. By: _ Atillui ed Signer Signature Printed Name: 'rifle: Date: 04/14/2016 15:13 PM 19165674 Mill LR DPW MWN90 IN 111 LSEADD PS -IMP 4.15 Ricoh® and the Ricoh Logo are registered trademarks of Ricoh Company, Ltd. Page 2 of 2 RICOH Ricoh USA, Inc. RICGH USA; INC. 0 Valley Stream Pnrkwny IMAGE MANAGEMENT PLUS COMMITMENTS Armho m, PA 19355 The below service commitments (collectively, the'Service Commitments') are brought to you by Ricoh USA, Inc., an Ohio corpomllon having its pdndpal place of business at TO Valley Stream Parkway, Malvem, PA 193H £Ricoh'). The raids you' and 'your' color to you, our customer. You agree that Ricoh alone Is the party to provide all of the services set forth below and is fully responsible 0 you, the customer, for all of the Service Commitments. Ricoh m, if Ricoh assigns the Product Schedule to which this page is attached in accordance Will the Lease Agreement (as defined in such Product Schedule), Roche assignee, is the pate responsible for financing and billing the Image Management Plus Product Schedule, The Service Commitments are only applicable to the equipment I'llimmi t7 described In the Image Management Plus Product Schedule to which these Service Commitments are attached, excluding facsimile machines, single -function and wide, format printers and production units. The Service Commitments are effective on the date the Product is accepted by you and apply during Ricoh's normal business hours, exduding weekends and Ricoh mcognaed holidays. They remain in effect for the Minimvm Term so long as w ongoing default exists on your pad. TERM PRICE PROTECTION The Image Management Minimum Payment and the Cost of Additional Images, as described on the Image Management Plus Product Schedule, will not increase in price during the Minimum Term of the Image Management Plus Product Schedule, unless agreed to in writing and signed by both parties. PRODUCT SERVICE AND SUPPLIES Ricoh will provide full coverage maintenance services, Including replacement pads, drums, team and all serves lags, during Normal Business Moore. 'Normal Business Hours' are between 8:00 a.m. and 5.00 p.m., Monday to Friday excluding public holidays. Ricoh will also provide the supplies required to produce images on the Product covered under the Image Management Plus Product Schedule (other than nonmelered Product and soft-metemd Product). The supplies Wit be provided according 0 manufacturers specifications. Optional supply items such as paper, staples and transparencies am not included. RESPONSE TIME COMMIT MENT III will provide a quadedy average response time of 2 to 6 business hours for all service calls located will a 30mile radius of any Ricoh office, and 4 to 6 business hours for service calls located within a 31-60 mile radius for the term of the Image Management Plus Product Schedule. Response fime is measured in aggregate for all Product covered by the Image Management Plus Product Schedule. UPTILE PERFORMANCE COMMITMENT Ricoh will service the Product to be Operational wit a quarterly uptime average of 96% during Normal Business Hours, excluding preventative and interim malntanance time. Downtime wilt begin at the time you Place a service fall to Ricoh and will end when the Product is again Operational. You agree to make the Product available to Ricoh for scheduled preventative and Interim maintenance. You further agree to give Ricoh advance notice of any critical and specific means needs you may have so that Ricoh can schedule with you interim and preventative maintenance in advance of such needs. As used in these Service Committal 'Oyffbrdbai means substantial compliance with the nommesctrers specifications and/or Performance standards and excludes customary anduser corrective actions. IMAGE VOLUME FL E%ISIL.ITY AND PRODUCT ADDITION$ At any time after the expiration of the Initial ninety day Aerial of the original term of the Image Management Plus Product Schedule to which these Service Commitments relate, Ricoh will, upon your request, review your Image volume, If the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, Ricoh evil present pricing options to conform to a new image volume. if you agree that additional product is required to satisfy your increased Image volume requirements, Ricoh will include the product in the pricing options. The addition of product order itmemseadecou sew to to Guaranteed Minimum Images requires an amendment ('Amendment) to to Image Management Plus Product Schedule that must be agreed to and signed by both parties to the Schedule. The term of the Amendment may not be less than the remaining term of the existing Image Management Plus Product Schedule but may extend the remaining term of the existing Image Management Plus Product Schedule for up to an additional 60 moats. Adjustments to the Guaranteed Minimum Images commitment amllor the addition of product may result In a higher or lower minimum payment. Images decreases are limited to 25% of the Guaranteed Minimum Images in effect at the time of Amendment. PRODUCT AND PROFESSIONAL SERVICES UPGRADE OPTION At any time after the expiration of one-half of the original term of the Image Management Plus Product Schedule to which these Service Commitment relate, you may mormill the Product by adding, exchanging, or upgrading to an item of Product wit additional features or enhanced technology. A new Image Management Plus Product Schedule or Amendment must be agreed to and signed by the pages to the Schedule, for a term not less than the remaining term of the existing Image Management Plus Product Schedule but may, in the case of an Amendment, extend the remaining term of the existing Image Management Plus Product Schedule for up to an additional 60 months. The Cost ofAddifonal Images and the Minimum Payment of the new Image Management Plus Product Schedule wall be based on any obligations remaining on to Product, the added product and new image volume commitment. Your Ricoh Account Execol will be pleased to work wit you on a Technology Refresh prior to the end of your Image Management Plus Product Schedule or Amendment. 04/14/2016 15:13 PM PERFORMANCE COMMITMENT Ricoh Is bammllled to informlal these Service Commitments and agrees to perform its services In a manner consistent mth the applicable manufacturers specifications. If Ricoh fails to meet any Service Commitments and in the unlikely event that Ricoh is notable to repair he Product In your office, Ricoh, at Roche election, Wit provide to you after the delivery of a tampomry loaner, for use while the Product is being repaired at Ricoh's service center, or Ricoh will replace such Real who compambte Product of equal or greater capability at no additional charge. These am the exclusive remedies available to you under the Service Commitments. Customers exclusive remedy shall be for Ricoh to re p afferm any Services not in compliance with this wmenty and brought to Ricoh's attention in wohg will a reasonable time, but in no event more than 30 days after such Services am performed. If you are dissatisfied with Ribah's performance. you must send a registered letter oufinirhg your concerns to the address specified below in the'Qually Assurance section. Please allow 30 days for resolution. ACCOUNT MANAGEMENT Your Ricoh sales professional will, upon your request, be pleased to review your product performance metes on a quarterly basis and at a mutually convenient date and time. Ricoh will follow up within 8 business hours of a call or email to one of Ricoh's account management team members requesting a metrics review. Ricoh efil, upon your request, be pleased to annually review your business envimnmenl and discuss ways In which Ricoh may improve efficiencies and reduce at relating to year document management processes. QUALITY ASSURANCE Please send all correspondence relating to the Service Commitment via registered letter to the Quality Assurance Department located at: 3920 Adewright Road, Macon, GA 31210, Attn: Quality Assurance. The Quality Assurance Department will ordinate com Ilion of any performance issues concerning the above Serviw Commitments with your oral Ricoh office. Reiter of the Response Time or UpOme Performance Commitments is not met, a one-time credit equal to 3% of your Minimum Payment invoice total wall be made available upon your request. Credit requests must be made in writing via registered lager to the address above. Ricoh is committed to responding to any questions regarding invoiced amounts for the use of the Product annual to the Image Management Plus Product Schedule within a 2 day timefam e. To assume the nwsl Umolymsponse please call1-888-275-4566. MISCELLANEOUS These Service Commitments do not Rover repairs resulting from misuse (including without limilation improper voltage or environment or the use of supplies that do not conform to the manufacturers speci0camme), subjective matters (such as color reproduction accuracy) or any other factor beyond the Panamanian control of Ricoh. Ricoh and you each acknowledge that these Services Commitments represent the entire understanding of the parties with respect to the subject matter hereof and that your sole remedy for any Service Commitments not performed in accordance Win the foregoing is as set fort under the section hereof emitted 'Performance Commitment. The Service Commitments made herein are service ardor maintenance warranties and are not product warranties. Except as expressly set fate herein, Ricoh makes no warranties, express or implied, indm ing any Implied warranties of merchantability, fitness for use, or games fora particular pupose. Neither parry hereto shall be liable to to other for any consequential, Indirect, punitive or special damages. Customer expressly acknowledges and agrees that, in connection with the security o accessibility of information stored in or recoverable from any Product provided or serviced by Ricoh, Customer is solely combinable for ensuring its own compliance with legal musicians or obligations to third parties pertaining to data security, retention and polecllon. To the extent allowed by law Customer shall Indemnify and hold harmless Ricoh and to subsidiaries, directors, officers, employees and agents from and against any and all basis, expenses, liabilities, claims, damages, tosses, judgments or fees hindering reasonable adorable fees) arising from its failure to comply will any such legal requirements or obligations. These Sentre Commitments shall be governed according to the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. These Service Commitments are not assignable by the Customer. Unless otherwise staled in your implementation Schedule, your Podud will ONLY he serviced by a'ffwh CeNfied Technician'. You acknowledge and agree that, in connection will Its Padornal of he obligations under these Services Commitment, Ricoh may place automated meter reading units on imaging devices, including but not limited to the Product, at your location In order to facilitate the timely and efficient Politician of accurate meter read data on a monthly, quarterly or annual basis. Blob agrees that such units wall be used by Ricoh solely for such purpose. Once transmitted, all meter read data shall became the sole property of Ricoh and will be egghead for billing purposes. 19165674 Mill N RINWnMWEd61111111III LSEADD PS-INVC 4.15 Ricoh® and the Ricoh Logo are registered trademarks of Ricoh Company, Ltd. Page I of I EQUIPMENT REMOVALIBUYOUT AUTHORIZATION Customer Name. CALHOUN COUNTY OF Contact Name:. OCHOA,GLORIA Phone: 3615534433 Address: 211 S ANN ST City: PORT LAVACA State: TX I Zi : 1 77979-4203 faxlEmail: none none.com MPC2050 V2205500963 This Authorization applies to the equipment identified above and to the following Removal/Buy Out Option This Authorization will confirm that Customer desires to engage Ricoh USA, Inc. ("Ricoh") to pick-up and remove certain items of equipment that are currently (i) owned by Customer or (it) leased from Ricoh or other third party (as specified below), and that you Intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, In a letter or other written form) to Ricoh from time to time for such purpose. Such removal request will set forth the location, make, model and serial number of the equipment to be removed by Ricoh. By signing below, you confirm that, with respect to every removal request issued by Customer (1) Ricoh may rely on the request, (2) the request shall be governed by this Authorization, and (3) Ricoh may accept this Authorization by either its signature or by commencing performance (e.g. equipment removal, Initiating Services, etc,). Each party agrees that electronic signatures of the parties on this Authorization will have the same force and effect as manual signature. Notwithstanding the foregoing, the parties acknowledge and agree that Ricoh shall have no obligation to remove, delete, preserve, maintain or otherwise safeguard any information, images or content retained by, in or on any item of equipment serviced by Ricoh, whether through a digital storage device, hard drive or similar electronic medium ("Data Management Services"), If desired, Customer may engage Ricoh to perform such Data Management Services at its then -current rates. Notwithstanding anything in this Authorization to the contrary, (i) Customer is responsible for ensuring its own compliance with legal requirements pertaining to data retention and protection, (ii) it is the Customers sole responsibility to obtain advice of competent legal counsel as to the identification and interpretation of any relevant laws and regulatory requirements that may affect the customers business or data retention, and any actions required to comply with such laws, (ill) Ricoh does not provide legal advice or represent or warrant that its services or products will guarantee or ensure compliance with any law, regulation or requirement, and (iv) the selection, use and design of any Data Management Services, and any and all decisions arising with respect to the deletion or storage of any data, as well as any loss of data resulting therefrom, shall be the sole responsibility of Customer, and Customer shall indemnity and hold harmless Ricoh and its subsidiaries, directors, officers, employees and agents from and against any and all costs, expenses, liabilities, claims, damages, losses, Judgments or fees (including reasonable attorneys' fees) (collectively, "Losses') arising therefrom or related thereto. @Equipment Removal (Leased by Customer). In addition to the terms and conditions set forth above, the following terms and conditions shall apply for equipment removals of equipment leased by Customer: Except for the obligations of Ricoh to pick up and remove the identified equipment, Ricoh does not assume any obligation, payment or otherwise, under any lease agreement, which shall remain Customers sole responsibility. As a material condition to the performance by Ricoh, Customer hereby releases Ricoh from, and shall indemnify, defend and hold Ricoh harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of Customers representations or obligations in this Authorization or of any obligation owing by Customer under its lease agreement, CUSTOMER ) RICOH USA, INC. By: 41 �' 4 t, By Name Michael J. Pfeifer Name Calhoun County Judge Title Title Dale April 28 2016 Date EQUIPMENT REMOVAL/BUYOUT AUTHORIZATION Customer Name: CALHOUN, COUNTY OF Contact Name: 0 HOA,GLORIA Phone: 3615534433 Address: 211 S ANN ST City: PORT LAVACA State: TX I Zip: 1 77979-4203 Fax/Email: none@none.com Make Model Seiai`tVlimber; MPC2050 V2205500963 This Authorization applies to the equipment identified above and to the following Removal/Buy Out Option This Authorization will confirm that Customer desires to engage Ricoh USA, Inc. ("Ricoh") to pick-up and remove certain items of equipment that are currently (i) owned by Customer or (it) leased from Ricoh or other third party (as specified below), and that you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written form) to Ricoh from time to time for such purpose. Such removal request will set forth the location, make, model and serial number of the equipment to be removed by Ricoh. By signing below, you confirm that, with respect to every removal request issued by Customer (1) Ricoh may rely on the request, (2) the request shall be governed by this Authorization, and (3) Ricoh may accept this Authorization by either its signature or by commencing performance (e.g. equipment removal, initiating Services, etc.). Each party agrees that electronic signatures of the parties on this Authorization will have the same force and effect as manual signature. Notwithstanding the foregoing, the parties acknowledge and agree that Ricoh shall have no obligation to remove, delete, preserve, maintain or otherwise safeguard any information, images or content retained by, in or on any item of equipment serviced by Ricoh, whether through a digital storage device, hard drive or similar electronic medium ("Data Management Services"). If desired, Customer may engage Ricoh to perform such Data Management Services at its then -current rates. Notwithstanding anything in this Authorization to the contrary, (i) Customer is responsible for ensuring its own compliance with legal requirements pertaining to data retention and protection, (it) it is the Customer's sole responsibility to obtain advice of competent legal counsel as to the identification and interpretation of any relevant laws and regulatory requirements that may affect the customer's business or data retention, and any actions required to comply with such laws, (iii) Ricoh does not provide legal advice or represent or warrant that its services or products will guarantee or ensure compliance with any law, regulation or requirement, and (iv) the selection, use and design of any Data Management Services, and any and all decisions arising with respect to the deletion or storage of any data, as well as any loss of data resulting therefrom, shall be the sole responsibility of Customer, and Customer shall indemnify and hold harmless Ricoh and its subsidiaries, directors, officers, employees and agents from and against any and all costs, expenses, liabilities, claims, damages, losses, judgments or fees (including reasonable attorneys' fees) (collectively, "Losses") arising therefrom or related thereto. REquipment Removal (Leased by Customer). In addition to the terms and conditions set forth above, the following terms and conditions shall apply for equipment removals of equipment leased by Customer: Except for the obligations of Ricoh to pick up and remove the identified equipment, Ricoh does not assume any obligation, payment or otherwise, under any lease agreement, which shall remain Customer's sole responsibility. As a material condition to the performance by Ricoh, Customer hereby releases Ricoh from, and shall indemnify, defend and hold Ricoh harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of Customer's representations or obligations in this Authorization or of any obligation owing by Customer under its lease agreement. CUSTOMER RICOH USA, INC. By: By: Name Name Title Title Date Date 860080 Page # 1Bill ti 7 10 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 aft Complete Nos. 1- 4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6If there are no Interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016.43669 RICOH USA INC MALVERN, PA United States Date Filed: 04/21/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. COUNTY OF CALHOUN Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or Identity the contract, and provide a description of the goods or services to be provided under the contract. 74-6001923 COPIERS AND NETWORK DEVICES 4 Name of Interested Party city, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary RICOH AMERICAS CORPORATION MALVERN, PA United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. MELANIEA C Notaryry P,Slato teTexas 3=t a of of My Commission Expires May 19, 2019 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE r Swami and subscribed before me, by the said i 6Afi�- n}Wi? this the 02,5 day _ , of , 20to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officif administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-43669 Date Filed: 04/21/2016 Date Acknowledged: 05/19/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. RICOH USA INC MALVERN, PA United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. COUNTY OF CALHOUN 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. 74-6001923 COPIERS AND NETWORK DEVICES the contract, and provide a 4 Name of Interested Part Y City, State, Country lace of business Y, Yip ) Nature of interest check applicable) ( pP ) Controlling I Intermediary RICOH AMERICAS CORPORATION MALVERN, PA United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.U.b45 ACCEPT CHECK FOR $683.13 FROM TEXAS PORT RECYCLING FOR OLD SIGNS AND DEPOSIT IN THE ROAD & BRIDGE PRECINCT #2 ROAD & BRIDGE SUPPLIES ACCOUNT. Commissioner Lyssy made a motion to accept check for $683.13 from Texas Port Recycling for old signs and deposit in the Road & Bridge Supplies Account. Commissioner Finster seconded the motion, Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor. Calhoun Count,; Commissioner, Precinct 5812 FM 1090 (3Ez1) 552-9656 Port Lavaca, TX 77979 � 'f Fax {351� 553-66fxt r3 � April 18, 2016 Honorable Michael Pfeifer Calhoun County Judge 211 S, Ann Port Lavaca, TX 77979 WONIO OTAIMOIIN Dear Judge Pfeifer; Please place the following item on the Commissioners' Court Agenda for April28, 2016 Consider and take necessary to accept $683.13 check for old signs that was , sold to Texas Fort Recycling and place in the Road & Bridge, Pct. 2 Road & Bridge Supplies account (53510). Sincer ly, Vern Lyssy VL/Ij Texas Part Recycling Victoria Facility 3105 Odom St. Calhoun County Precinct 2 Victoria, TX 77901 Date. 04 (361)680.2341 Check No: 640110780 78fi TICKET# SHP DATE COMMODITY GROSS TARE NET VEHICLE ID PRICE UM FRT EXT TOTAL AMT TXZIITH 04/18/16 Sheet Iron 42660 38400 4260 CITY 4.5000 CW 0.00 191.70 TXZHTH 04/18/16 P&S - Unprepared 38400 34760 3640 CITY 5.0000 CW 0.00 182.00 ZPDKS8 04/18/16 Irony Alum - 50% Shrink 182 102 80 ZPDKS8 0.0800 LB 0.00 6.40 2PDKS8 04/18/16 Aluwn Sheet - Clean 1990 945 1045 0DKSR 0.2900 LB 0.00 303.05 VENDOR CALHOi TOTALS (Pounds): 9025 TOTAL DUE: Y; 683.15 REMOVE FROM INVENTORY A TRUE BRAND REFRIGERATOR, MODEL T-19 W/EXTRA SHELVES. RETURNED TO VICTORIA COUNTY HEALTH DEPARTMENT: Commissioner Finster made a motion to remove from inventory a True Brand Refrigerator, Model T-19 w/extra shelves. Returned to Victoria County Health Department. Commissioner Galvan seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor. ACCEPT REPORTS OF THE FOLLOWING COUNTY OFFICES: • County Clerk— March 2016 Judge Pfeiffer made a motion to approve reports of the following County offices: • County Clerk — March 2016 Commissioner Fritsch seconded the motion. Commissioners Galvan, Fritsch, Finster and Judge Pfeiffer all voted in favor. CALHOUN COUNTY CLERK MONTHLY REPORT RECAPITUATION MARCH 2O16 DESC MOORE CARL CRIMINAL OFFICIAL PUBLIC RECOIIOS PROBATE TDTAL OIST9TCTATFORNEY FEES 1000-44020 $ 471.03 $ 471.03 COUNTY CLERK FEES 100044030 $ 403.00 $ 753.67 $ 12,270,85 $ 235.00 $ 13,662.32 NAY PEE 100044140 $ - $ - ELECFRONICFILINGFEESFORE-FILINGS IOW-44058 $ 68.00 $ - $ 2.00 $ 26.00 $ 98.00 JUDGE'S EDUCATION FEE 1000-44160 $ - $ 25.00 $ 26.00 JUDGE'S ORDER/SIGNATURE 100044180 $ AGO $ - $ 32.00 $ 40.00 SHERIFF'S FEES 100044190 $ 75.00 $ 403.01 $ - $ 175A0 $ 653.01 VISUAL RECORDER FEE 100044290 $ 33,21 $ 33.21 COURT REPPORTER FEE 100644210 $ 12000 $ 75.00 $ 195,00 RESTITUTION DUE 10 OT14ERS 100049020 - $ ^ APPELLATE FUND(TGC) FEE 2620-04030 $ 40.00 $ 26.00 $ 65.00 TECHNOLOGY FUND 266344030 $ 76,30 $ 75.38 COURTHOUSE SECURITY FEE 267GA4030 $ 40.00 $ 56.52 $ 388.00 $ 26.00 $ 500.52 COURT INITIATED GUARDIANSHIP FEE 2672A4030 $ 100.00 $ 100.00 RECORDS ARCHIVE FEE 267544030 $ 3,770.00 $ 3,770.00 DRUG& ALCOHOL COURT PROGRAM 26984403OMS $ 119.19 $ 119AD JUVENILE CASE MANAGER FUND 2609-44033 $ - $ - PRE-TRIAL DIVF.RSON AGREEMENT 272944034 $ 750.00 $ 750.00 LAW LIBARY FEE 273144030 $ 200.00 $ 175.00 $ 455.00 RECORDSMANAGEMENT FEE - CO CLK 273844380 $ 47.09 $ 47.09 ACCORDS MANGEMENT 2739-1OB99,44030 $ 70.00 $ 423.94 $ 3.010.00 $ 45.00 $ 4,348.94 BOND FORFEITURE 2740-001-45050 $ - $ - LINES -COUNTY COURT 2740.45040 $ 7,323.10 $ 7,323.10 STATE POLICE OFFICER FEES 7020-20740 $ 5.44 $ 5,44 CONSOLIDATED COURTCOSTS 7070-10899 $ - $ - CONSOLIDATED COURT COSTS -COUNTY 7070.20610 $ 143.45 $ 143.45 CONSOLIDATED COURT COSTS -STATE 7070.20740 $ 1,298.50 $ 1,290.60 DRUG & ALCOHOL COURT PROGRAM -COUNTY 7390.20610-999 $ 23.84 $ 23.84 DRUG& ALCOHOL COURT PROGRAM -STATE 739D-20740-999 $ 95.36 $ 95,36 .STATE ELECTRONIC FILING FEE 7403-999-22887 $ 240,00 $ 160.00 $ 390.00 STATE ELECTRONIC FILING FEE CA 7403-999-22990 $ 9420 $ 94.20 EMSTRAUMA '7405.999-20740 $ 217.69 $ 217.69 CIVIL INDIGENT FEE -COUNTY 7480-20610 $ 4.00 $ 2.50 $ 6.50 CIVIL INDIGENT FEE -STATE 7480-20740 $ 76.00 $ 47.50 $ 123.50 JUDICIAL FUND COURT COSTS 7495-20740 $ 262.62 $ 262.62 JUDICIAL SALARY FUND -COUNTY 7505-20610 $ 11.33 $ 11.33 JUDICIAL SALARY FUND -STATE 7SOS-20740 $ 101.74 $ 101.74 JUDICIAL SALARY FUND 7505-20740 005 $ 336,00 $ - $ 210.00 $ 646.00 TRAFFIC LOCAL (ADMINISTRATIVE FEES) 7530-22804 $ 10.39 $ 10.39 COURT COST APPEAL OF TRAFFIC REG(JP APPEAL) 7539-22885 $ - $ - JUVENILE CRIME & DELINQUENCY FUND 7530-22996 $. - BIRTH - STATE 7955.20780 $ 120.60 $ 120.60 INFORMAL MARRIAGES -STATE 7855.20787 $ 12.50 $ 12.50 JUDICIALFEE 7855.20786 $ 320.00 $ 200.00 $ 520.00 FORMAL MARRIAGES -STATE 7855-2078B $ 510.00 $ 610.00 NONDISCLOSURE FEE 7855-999-20790 $ - TCLEOSFCOURT COST 78%999-20740 $ 0.62 $ 0.62 JURY REIMBURSEMENT FEE 7857-30099 $ - $ - JURY REIMBURSEMENT FEE -COUNTY 7857-20610 $ 7,53 $ 7.53 JURY REIMBURSEMENT FEE -STATE 7857-20740 $ 67.85 $ 67.85 STATE TRAFFIC FINE -COUNTY 796D-20610 $ 5.20 $ 5.20 STATE TRAFFIC FINE -STATE 7860-20740 $ 98.77 $ 9Q77 INDIGENT DEFENSE FEE -COUNTY 7865-20610 $ 3,76 $ 3.76 INDIGENT DEFENSE FEE- STATE 7865-20740 $ 33.91 $ 33.91 TIME PAYMENT 786540899 $ - $ - TIME PAYMENT -COUNTY 7950-20610 $ 14801 $ 148.01 TIME PAYMENT -STATE 7950-20740 $ 140.01 $ 146.01 BAIL JUMPING AND FAILURE TO APPEAR -COUNTY 7970-7.0610 $ - BAIL JUMPING AND FAILURE TOAPPEAR -STATE 7970-20740 $. DUE PORT LAVACA PD 9990-99991 `: $-'35,29 $ P $5.2$' DUE SEADRIFT PO ;: " 9990-99992:: $ :` 0.05 $ '( 0.05--: DUE TO POINT COMFORT PD 'r 9990.99993 '. $ $ DUE TO TEXAS PARKS & WILDLIFE 9990-99994 $ 400.00 I $ 400.00 DUE TO TEXAS PARKS& WILDLIFE WATER SAFETY 999099995 $ DUE TO TABC 999099996 $ DUE TO OPERATING/NSF CHARGES I $ $ I I $ $ 2,080.00 $ 13,68D.70 $ 20,883.75 $ 1,550.00. $ 36,203.46 TOTAL FUNDS COLLECTED $ 38,203AS - FUNDS HELD INESCROW: $ (10.00) AMOUNT DUE TO TREASURER: $' 3T788.11 TOTAL RECEIPTS: $ 30193.45 F AMOUNT DUE TO OTHERS: $ 425.34 1 OF2 U:W.REPORTS`MONTHtYAUDITOR AND TREASUER REPORTWOR1.033114TRIMMILER REPORTS 41MAIR CALHOUN COUNTY CLERK MONTHLY REPORT RECAPITUATION MARCH 2O16 CASH ON HAND TRUST FUND BEGINNING BOOK BALANCE 2/29/2016 '! $ 9,793.30 FUND RECEIVED $. - DISBURSEMENTS $ (6.00) ENDING BOOK BALANCE 2/29/2016..;1 $ 9,700.38 BANK RECONCILIATION TRUST FUND ENDING BANK BALANCE 2/29/2016 OUTSTANDING DEPOSITS" OUTSTANDING CHECKS"` RECONCILED BANK BALANCE 2/29/2016 $ 9,T00.20 $ $ 9.780.38 CERTIPICATES OF DEPOSITS HELD IN TRUST -IBC BANK CD'S Datalsaeed Balance , 134104300t wItI d ewala Balance 12131120W Interest , 0313af46 74826 11118/2008 $ 1,048:64 $ 1,696.59 49466 1/30/2013 $ 19,642.10 $ 49,09 $ 19,691.19 50782 1/15/2015 $ 9378.58 $ 23.44 $ 9,402.02 60790 1/15/2015 $ 9378.68 $ 23,44 $ 9,402.02 60804 1/1512015 $ 9,370.58 $ 23.44 $ 9,402.02 60863 2/2/2015 $ 3,500,00 $ 3.500.00 _ 6OR71 212/2015 $ 3,500.00 $ 3,500.00 _ 61134 L 5/2012015 $ 38 658.20 $ 42.20 $ 38,600.46 TOTALS; $ 95,182.60 $ 110.41 $ $ 96,344.26 411312016 Submitted by Anne M Goodman, County Clerk Date 20F2 UAREP0RT09.IQR1aLYNVOR0R MO TREAOUER REPORT63010.033110 TWSURER REPORT& 4112PA16 ACCEPT DONATIONS TO CALHOUN COUNTY: N/A MATTER OF DECLARING CERTAIN ITEMS OF COUNTY PROPERTY AS SURPLUS/SALVAGE: N/A MATTER OF TRANSFERRING CERTAIN ITEMS OF COUNTY PROPERTY FROM ONE COUNTY DEPARTMENT TO ANOTHER COUNTY DEPARTMENT: N/A APPROVAL OF PAYROLL: N/A BUDGET ADJUSTMENTS: Commissioner Fritsch made a motion to approve necessary budget adjustments. 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Commissioner Fritsch made a motion to approve Memorial Medical Center bills in the amount of $2,120,111.05, Indigent Healthcare Fund Expenses in the amount of $22,909.32, Nursing Home UPL Expenses for Additional February and March 2016 in the amount of $5,540,409.05, MMC Construction in the amount of $277,982.90 for a Grand Total Disbursements in the amount of $7,961,412.32. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor. Commissioner Fritsch made a motion to approve County bills in the amount of $682,353.94, Calhoun County Indigent Health Care A/P/Total Transfers between Funds in the amount of $22,909.32, for a Total Amount for Approval of $705,263.26. Commissioner Lyssy seconded the motion. Commissioner Galvan, Lyssy, Fritsch, Finster and Judge Pfeiffer all voted in favor. MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ----- April 28, 2016 PAYABLES AND PAYROLL 3/1/2016 Credit Card Invoice $ 3,054.08 3/7/2016 McKesson Drugs 1,821.25 3/8/2016 Payroll 255,258.53 3/9/2016 Payroll w/ checks 1,369.90 3/11/2016 Payroll w/checks 181.92 3/14/2016 McKesson Drugs 1,706.32 3/15/2016 TDCRS 113,182.46 3/15/2016 Payroll Liabilities 95,878.11 3/21/2016 McKesson Drugs 2,106.12 3/22/2016 Payroll 257,774.06 3/24/2016 Credit Card Invoice 4,276.44 3/28/2016 McKesson Drugs 3,736.29 3/29/2016 Payroll Liabilities 97,043.44 3/30/2016 Credit Card Invoice 4,415.80 3/3/2016 Weekly Payables 296,788.92 3/3/2016 Patient Refunds 171.39 3/9/2016 Weekly Payables 171,286.91 3/9/2016 Patient Refunds 3,202.61 3/16/2016 Weekly Payables 177,879.45 3/16/2016 Patient Refunds 32,204.04 3/16/2016 Renewal of Pharmacy License 451.00 3/23/2016 Weekly Payables 243,669.11 3/30/2016 Weekly Payables 244,351.28 3/30/2016 Patient Refunds 3,517.71 3/3112016 Monthly Electronic Transfers for Payroll Expenses(not ma above) 362.31 313112016 Monthly Electronic Transfers for Operating Expenses 6,560.90 Total Payables and Payroll $ 2,022,250.36 INTER -GOVERNMENT TRANSFERS Inter -Government Transfers for February 2016 97,860.70 Total Inter -Government Transfers $ 97,860.70 INTRA-ACCOUNT TRANSFERS Total Intra-Account Transfers SUBTOTAL MEMORIAL MEDICAL CENTER', DISBURSEMENTS $ 2,120,111.054' INDIGENT HEALTHCARE FUND EXPENSES $ '22,909.32 NURSING; HOME UPLEXPENSES FOR Add'{ February and March 2016 $ 5,640,409.05 IGT NH Program $ MMC Construction : $ 277,982.90. MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ---- April 28, 2016 INDIGENT HEALTHCARE FUND: INDIGENT EXPENSES HEB Pharmacy 141.80 MMCenter (In -patient $10640.08 / Out -patient $185.35 / ER $0.00) 10,825.43 Memorial Medical Clinic 3,464.39 Port Lavaca Clinic 78.56 Radiology Unlimited PA 465.80 SUBTOTAL 14,976.98 Memorial Medical Center (Indigent Healthcare Payroll and Expenses) 8,393.34 Less: Co -Pays collected in March 2016 (460.00) TOTAL APPROVEDINDIGENT HEALTHCARE FUND EXPENSES 22,909.32 April 28, 2016 2016 APPROVAL LIST - 2016 BUDGET 34 COMMISSIONERS COURT MEETING OF 04/28/16 BALANCE BROUGHT FORWARD FROM APPROVAL LIST REPORT PAGE 33 $ 251,040.64 FICA P/R $ 44,608.12 MEDICARE P/R $ 10,432.50 FWH P/R $ 37,482.72 NATIONWIDE RETIREMENT SOLUTIONS P/R $ 2,795.98 OFFICE OF THE ATTORNEY GENERAL - CHILD SUPPORT P/R $ 1,898.31 TEXAS ASSOCIATION OF COUNTIES HEBP P/R $ 188,793.68 '1'MPA P/R $ 280.00 UNITED WAY OF CALHOUN COUNTY P/R $ 10.00 WILLIAM E. HEITKAMP, TRUSTEE P/R $ 347.67 AQUA BEVERAGE A/P $ 37.79 AT&T MOBILITY A/P $ 4,234.31 BEN E KEITH FOODS A/P $ 4,280.21 CABLE ONE A/P $ 635.40 CAHOUN COUNTY GENERAL FUND A/P $ 8,817.04 CARDMEMBERSERVICE- SHERIFF/JAIL A/P $ 1,196.68 CENTERPOINT ENERGY A/P $ 1,757.89 CITY OF PORT LAVACA A/P $ 4,945.14 CLARRI ATKINSON A/P $ 242.11 COPSYNC, INC. A/P $ 4,579.40 CPL RETAIL ENERGY A/P $ 88.07 DISTRICT 2 TEAFCS A/P $ 175.00 EAST TEXAS TRUCK SYSTEMS A/P $ 15,279.30 FRONTIER COMMUNICATIONS A/P $ 2,109.67 KELLER MATERIAL LTD A/P $ 1,044.25 MASCORRO DIAMOND A/P $ 1,400.00 MCCREARY, VESELKA, BRAGG & ALLEN PC A/P $ 1,184.13 MCI MEGA PREFERRED A/P $ 343.03 NOSORH A/P $ 550.00 REPUBLIC SERVICES 9847 A/P $ 3,240.23 RHONDA S KOKENA A/P $ 185.76 RICOH USA, INC. A/P $ 208.62 STATE BAR OF TEXAS A/P $ 93.75 STATE COMPTROLLER A/P $ 70,681.16 TISD, INC A/P $ 329.96 UNITED STATES TREASURY A/P $ 1,899.53 VERIZON SOUTHWEST A/P $ 834.64 VOYAGER A/P $ 6,910.64 VULCAN CONST. MATERIALS A/P $ 7,009.71 WAL-MART AP $ 68.90 WALLIS THOMAS D A/P $ 302.00 TOTAL VENDOR DISBURSEMENTS: $ 682,353.94 CALHOUN COUNTY INDIGENT HEALTH CARE A/P $ 22,909.32 TOTAL TRANSFERS BETWEEN FUNDS: $ 22,909.32 TOTAL AMOUNT FOR APPROVAL: $ 705,263.26 SINGLE SOURCE, EMERGENCY AND PUBLIC WELFARE PURCHASES AND BILLS. N/A PUBLIC DISCUSSION OF COUNTY MATTERS: Commissioner Galvan announced that Go Texan Days is scheduled for this weekend. Commissioner Finster announced that Crawfish Fest is scheduled for Saturday in Port O'Connor. MEETING ADJOURNED AT 10:17 A.M.