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2011-01-27 Regular January Term Held January 27, 2011 THE STATE OF TEXAS ~ !i ~ COUNTY OF CALHOUN BE IT REMEMBERED, that on this 27th day of January, A.D., 2011 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 E. Fritsch Kenneth W. Finster Wendy Marvin County Judge Commissioner, Precinct # 1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. APPROVE MINUTES OF JANUARY 13, 2011 MEETINGS: A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to approve minutes of January 13, 2011 meetings. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. HEAR REPORT FROM HISTORICAL COMMISSION: Howard Hartzog presented a report for the Calhoun County Historical Commission. CALHOUN COUNTY HISTORICAL COMMISSION 2009 REPORT TO COMMISSIONER'S COURT The Historical Commission held eleven (II) meetings in 2009. We set up an executive committee to prepare agendas and conduct business between meetings. We considered commission input to arrive at the goals of the organization. The Commission has enjoyed a busy, productive year receiving the Distinguished Service Award from the Texas Historical Commission. MAJOR PROJECTS CEMETERY COMMITTEE Led by Mary Belle Meitzen, the Cemetery committee has made significant progress on the following cemeteries in Calhoun County. RANGER CEMETERY - with assistance of Neil Fritsch, this cemetery has undergone restoration and preservation work and has been awarded a historical medallion. (June 27 dedication) INDIANOLA CEMETERY - Worked to end debate between the Historical Commission and Daughters of Republic of Texas concerning the correct way to restore the cemetery. Commissioner Roger Galvan and his staff supported this effort. Texas Historical Cemetery Designation for Indianola Cemetery was received. OLD TOWN, ZIMMERMAN, CLARK and HATCH CEMETERIES - Secured historical markers for these cemeteries. JUNIOR HISTORIANS Tour of museum, courthouse and cemetery; George Anne Cormier and Mary Belle Meitzen acted as tour guides. Calhoun County Historical Document was distributed to each 3rd grader. Junior Historian Fair was held in May. Students did research about their home campus history and displayed that research. An interlocal agreement was reached between Calhoun County ISD and Calhoun County to support this program. FLAG PROJECT Phil Thomae led the effort to repair the flag poles, first placed at the Bauer Community Center in 1985. The flag poles were refurbished and the appropriate sized flags, 10'xI5' or 12'x 8', were purchased and are being flown each day. The City of Port Lavaca repaired the lights. Wind requires replacement or repair on a regular basis. PORT O'CONNOR CELEBRATION-SEPTEMBER 19TH George Ann Cormier worked with the Port O'Connor Chamber of Commerce to tell the story of the first 100 years with slides and brochures. Volunteers assisted. LIGHTHOUSE ON MATAGORDA A postage stamp was dedicated to the lighthouse. The agreement between the U.S. Fish and Wildlife and Calhoun County regarding Matagorda Island Lighthouse was located. A meeting was held August 20th that included: Larry Nichols, Calhoun County Historical Commission Kenny Finster, Calhoun County Precinct #4 Commissioner Felipe Prieto, Aransas Wildlife Refuge-U.S. Fish & Wildlife Matt Nelson, Wildlife Division-Texas Parks & Wildlife Gibb Fox, Port O'Connor Chamber of Commerce Byron Cumberland, Matagorda Lighthouse Foundation Arlene Marshall, Matagorda Lighthouse Foundation Discussion was held regarding the current status of the Lighthouse in which National Historic Landmark has very little public access. Discussed reasons for current level of access and ways to improve and expand access. October 6 - Trip to the Lighthouse to see the status firsthand and to problem solve. (attached: notes of meeting and first rough draft of Memo of Understanding) We worked to get all entities on the same page. OTHER NOTES Kate Williams resigned as secretary, replaced by Beverly Wyatt. Reached agreement with County for placement of Hurricane Marker. Worked with City and chamber to open Half Moon Reef Lighthouse and keep historical brochures available. CABOOSE - Located minutes recording donation to Historical Commission by Southern Pacific Railroad in 1986. Began repair of the caboose with the assistance of Neil Fritsch. We sought assistance from Formosa to help with restoration; they have verbally agreed to do so. Bronze bust of Karankawa Woman displayed in museum for one (I) year. Worked with TXDot to place the Calhoun County marker, which was laying behind museum, on Hwy. 87 beside Moses Johnson marker. Texas Monthly Magazine mentions Great Raid of 1840, article enclosed. Participated in Festival of Lights Parade and Big Whoop Fly-In Purchased Historical Commission banner for booths and parades. APPOINT HISTORICAL COMMISSION CHAIRMAN FOR TWO YEAR TERM: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to appoint Phil Ellenberger as the Historical Commission Chairman for a two year term. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCEPT NEW MEMBERS TO THE CALHOUN COUNTY HISTORICAL COMMISSION: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to accept new members to the Calhoun County Historical Commission. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Proposed New Members - 20 II - 2013 Ed Arnold - FM 2235 Cliff Baccus - 506 Ridgecrest Michael Balajka - 6149 FM 1090 North Fabian Balboa - 704 W Austin Street Jesse Briseno - 3446 FM 3084 Vivian Clay - 207 Sea Green Drive Gracie Cook - 85 W Meadowlark Don Cook - 85 W Meadowlark Buelah Cox- Charlyn Finn - 503 Fairrmont Jim Munro - 110 Martin Drive Robert Ojeda - 315 South Trinity Joe Pena- Rose Pena Gary Ralston - 211 Oakglen Drive Melissa Sterling - POB 169 Flo Windham - 506 Ridgecrest Current CCHC Membership Cha Cha Benavides - 1313 Burkdale Joe D.Brett-194 FM 1679 Cherre Cain - 56 Marshall Road Margaret Charnetski - POB 1665 George Anne Cormier - 30 I S. Ann Rita Dornak - 120 Biscayne Steve Dornak - 120 Biscayne Ken Dorries - PO Box 13 Phil Ellenberger - 1149 CR 307 N Frances Hartzog - 509 S. Commerce Street Howard Hartzog - 509 S. Commerce Street Charles Husak - 1409 Holoman Mario Jiminez - Steve Koch - POB 1583 Robert Loflin - 323 N. Colorado Nelson Marek - 1258 School Road John Meitzen - 305 Glenbrook Mary Belle Meitzen - 305 Glenbrook Myrtle Montier - 218 Houston Street Jan Regan - 201 S. Colorado Edna Reyes - 3 16 Cheeves Rey Reyes - 3 16 Cheeves Ken Rippee - 21 00 Larry Drive Nancy Shaffer - 108 Clement Cove Walter Spiller- 300 DR 30m Debbie Stovall- POB 741 Phil Thomae - POB 268 Sue Thomae - POB 268 Amelia Williams - 713 South Virginia Street Joe Boyd Williams - 587 Bayview Drive, Palacios, Tx 77465 Kate Williams - 587 Bayview Drive, Palacios, Tx 77465 Beverly Wyatt - 2305 McPherson Jennifer York - POB 1768 CORRECTED INTERlOCAl AGREEMENT #R-12310-3 (CITY SCOFFLAW) WITH THE CITY OF PORT LAVACA AS AUTHORIZED BY THE TEXAS TRANSPORTATION CODE, CHAPTER 702. AGREEMENT SIGNED JANUARY 13, 2011 HAD INCORRECT TERMINATION DATE: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the Corrected Interlocal Agreement #R-1231O-3 (City Scofflaw) with the City of Lavaca as authorized by the Texas Transportation Code, Chapter 702; Agreement signed on January 13, 2011 the agreement had the incorrect termination date. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. STATE OF TEXAS CITY OF PORT LA V ACA ~ ~ ~ CITY SCOFFLAW INTERLOCAL AGREEMENT This agreement made and entered into this ~ day of January ,2011, by and between the County of Calhoun, hereinafter referred to as ,. County", with the agreement consent, and participation of the Calhoun County Tax Assessor Collector, hereinafter referred to as the "County Tax Assessor Collector", and the City of Port Lavaca, Texas, a home-rule municipal corporation hereinafter referred to as "City", under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code, and as authorized by Texas Transportation Code, Chapter 702. WITNESSETH: WHEREAS, Texas Government Code, Chapter 791, authorized local government of the State to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the County and the City are local governments as defined in Texas Government Code, Section 791.003 (4), have the authority to enter into this agreement and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, Transportation Code 702.003 provides that a County Tax Assessor Collector, upon receipt of information from a municipality by and through the Texas Department of Transportation motor vehicle registration system, to assist a municipality in the enforcement of outstanding warrants of arrest for the failure to appear or failure to pay a fine on a complaint involving certain traffic offenses, by refusing to register or re-register a motor vehicle; and WHEREAS, Transportation Code 702.003 allows a municipality to contract with the Texas Department of Transportation (hereafter "the Department'.) to provide the necessary information to a County for the above determination by the County Tax Assessor Collector to deny motor vehicle registration or re-registration to certain persons; and WHEREAS, such a consolidated effort in the effectuation of Texas Transportation Code, Chapter 702 are in each party's best interest and that of the public and that this ah'Teement will increase the effective and efticient functioning of each party; and WHEREAS, the County and the City specify that each party paying for the performance of said ti.mctions of government shall make those payments from current to revenues available to the paying party; NOW THEREFORE, in consideration of the terms and conditions herein which fairly compensate the performing party, it is mutually ah'Teed as follows: City Scolllaw Intt..'Tlocal Agreement City of Port Lavaca Municipal Court CaUlOun County Tax Assessor.Colh..'Clor Pagelof5 SECTION 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the County Tax Assessor Collector will refuse to register or re-register certain motor vehicles when the County Tax Assessor Collector receives information from the Department Motor Vehicle registration system that the owner of the vehicle has an outstanding warrant from the City for failure to appear or failure to pay a tine on a complaint that involves a violation of a traffic law pursuant to information provided by the City to the Department, as authorized and specifically set out under Texas Transportation Code, Chapter 702 (hereinafter referred to as the '"Act"). SECTION 2. DUTIES OF THE CITY 2.1 The City shall contract with the Department to provide information to the Department to enable the County Tax Assessor Collector to identify flagged vehicle owners to determine which vehicle owners have an outstanding warrant for the City for failure to pay a fine on a complaint that involves a violation of a traffic law pursuant to the Act. The City will in all instances ensure that all provisions of the Act are adhered to as well as all other applicable laws of the State of Texas. The City shall consult and coordinate the County Tax Assessor Collector regarding the number of vehicles which it sends to the Department to be nagged at one time. 2.2 The City shall notify the County Tax Assessor Collector when a traffic law matter is cleared regarding a person; 2.2.1 Against whom a judgment has been entered and who has paid the City's Municipal Court the full amount of the tine and court cost; or 2.2.2 Who has perfected an appeal of the case for which the arrest warrant was issued; or 2.2.3 Whose charge for which the arrest warrant was issued has been dismissed; or 2.2.4 Whose charge for which the arrest warrant was issued has been cleared through judicial action or clerical correction; or 2.2.5 Who has posted a bond and requested a hearing for the charge on which the arrest warrant was issued. 2.3 The City shall notify the Department pursuant to its agreement with the Department regarding a person: 2.3.1 Against whom a jud,pnent has been entered and who has paid the Municipal Court the full amount of the fine and court cost; or 2.3.2 Who has perfected an appeal of the case for which the arrest warrant was issued; or 2.3.3 Whose charge for which the arrest warrant was issued has been dismissed; or 2.3.4 Whose charge for which the arrest warrant was issued has been cleared through judicial action or clerical correction; or City Scolllaw Interlocal Agreement City of Port Lwaca Municipal COUl1 Calhoun County Ta.'t Assessor-Collector Page 2 of 5 2.3.5 Who has posted a bond and requested a hearing for the charge on which the arrest warrant was issued 2.4 The City shall provide necessary notice forms that a traffic law matter is cleared for the presentation to the County Tax Assessor Collector pursuant to Section 2.2 above. 2.5 distribute to agreement. The City shall provide to the County Tax Assessor Collector instruction sheets to flagged motor vehicle owners, necessary to accomplish the purposes of this 2.6 The City shall provide a telephone number or the location of an otlice where individual inquiries and complaints can be made regarding denial of registration by the County Tax Assessor Collector, due to outstanding City Warrants, as well as to explain the procedures necessary to resolve the tratlic violation in order to obtain valid registration. 2.7 The City shall conduct a publicity campaign to explain when registration and re- registration will be denied and the procedures necessary to obtain valid registration. 2.8 The City shall identify, by name, address, and telephone number, and individual or individuals who shall have authority on behalf of the city to coordinate, direct and supervise this agreement. SECTION 3. DUTIES OF THE COUNTY TAX ASSESSOR COLLECTOR 3.1 The County Tax Assessor Collector shall: 3.1.1 Review the Department motor vehicle registration system for traffic violation nags for all individuals who attempt to register any vehicle without the three-part renewal form issued by the State of Texas. 3.1.2 Refuse to register or re-register all motor vehicles which are nagged in the Department motor vehicle registration system as having outstanding City warrants for traffic violations. 3.1.3 Distribute the instruction sheet to flagged motor vehicle owners that will explain the steps necessary to resolve their outstanding traffic violations and to obtain vehicle registration, if said instruction sheet is furnished by the City. 3.1.4 Distribute the instruction sheet with a telephone number and otlice address to individuals who want to complain about registration denial if said instructions and address are furnished by the City. 3.2 The County Tax Assessor Collector shall register or re-register a motor vehicle upon receipt of notice from the City that the motor vehicle owner's tratlic law matter is cleared pursuant to Section 2.2 above. 3.3 The County Tax Assessor Collector shall have the sole authority and prerogative to register or re-register a motor vehicle where there has been a valid transfer of title. City Scol11aw Intcrlocal Agreement City of Port Lavaca Municipal Court Calhoun County Tax Assessor-Collector Page J of5 SECTION 4. DUTIES OF THE COUNTY The County shall provide sufficient funds and staffing to the County Tax Assessor Collector to enable him/her to perform his/her obligations under this Agreement. SECTION 5. CONSIDERATION AND PAYMENT The County Tax Assessor Collector shall present an itemized list to the City within ten (10) days of the end of each month during the term of this Agreement providing the name, address, and license plate number of each motor vehicle owner for which the County Tax Assessor Collector refuses vehicle registration or re-registration. Pursuant to this Agreement, the City shall pay to the County ten percent (10%) of the collected City fine or City bond for each refusal to register or re-register a motor vehicle which results in full payment of the corresponding warrants. The amount owed to the County will be paid without demand within thirty (30) days of receipt of the itemized list. Given the incalculable value of the many factors involved in providing the services contracted for. the City and County hereby affirm and agree that the stated compensation for these services is considered to be fair and reasonable compensation and does not represent a sharing of revenue between the parties. It is also affirmed and agreed that the services provided, and the compensation for those services, fulfill an important public service lor both parties in that they encourage compliance with the law. On or before July 15th of any year the term of this Agreement, either party may request a modilication in the consideration paid under the terms of this Agreement. Said modification, if any, shall take effect on October 1 st of the next contract year. If the County and the City cannot reach an agreement on the amount of consideration to be paid, then either party may terminate the agreement in accordance with Section 6. SECTION 6. TERM AND TERMINATION This lnterlocal Agreement shall be effective upon its date of execution by the last party to execute the Agreement and shall terminate on September 30. 2011. The agreement shall automatically renew for successive one year terms unless terminated by either party or the County Tax Assessor Collector upon sixty (60) days written notice to the other parties. SECTION 7. NOTICE OtIicial notice shall be by written notice and delivery to all of the parties to this Agreement. Delivery shall be by fax or deposit in the United States Postal Service, tirst class, return receipt requested to the following: City Scotllaw lntcrlocal Agreement City of Port lavaca Municipal Court Calhoun County Tax Assessor-Collector Page40fS TO THE COUNTY: The County of Calhoun C/o Office of the County] udge Calhoun County courthouse 211 S. Ann Street Port Lavaca, Texas 77979 TO THE COUNTY TAX ASSESSOR- COLLECTOR: Calhoun County Tax Assessor Collector Calhoun County Courthouse 211 S. Ann Street Port Lavaca, Texas 77979 TO THE CITY: The City of Port Lavaca C/o Office of the Mayor 202 N. Virginia Street Port Lavaca, Texas 77979 IN WITNESS WHEREOF this Agreement has been executed on behalf of the County of Calhoun, the Calhoun County Tax Assessor-Collector, and the city of Port Lavaca in the manner provided by law. ATTEST THE COUNTY OF CALHOUN LUQ~~ O~~~ County Clerk mta Fncke Date: .-l--;;"l=1j ATTEST .~-~ + ~ ~O-~M f I 1.Nh--. j) City Secretary Mandy Grant 'J THE.CITY OF PORT LA V ACA (1/'~7 By .,~ tf/t o;p.::> Mayor'Jack Whitlow ;/ Date: 0 1- ;;'\() - ~/() /1 APPROVED AS TO FORM /' ~" CitfAhomey Ty Zeller CALHOUN COUNTY TAX ASSE~~C~LLECTOR ~JrfJk ) Glona Ochoa I I ;)v7!1I Date: City Scoftlaw Interlocal Agreement City of P0I1 wvaca Municipal COUlt Calhoun County Ta:< Assessor-Collector Page 5 of5 APPOINTMENT I RE-APPOINTMENT TO CALHOUN COUNTY E-911 BOARD: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to re-appoint Mike Kovarek to the Calhoun County E-911 Board for a two year term January 2011 to January 2013. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. APPROVE THE FOllOWING lIBRARY POLICIES: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve the following Library Policies; an Unattended Children Policy, Donation Policy and Fees for service Policy. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Calhoun County Public Library System Unattended Children Policy The Calhoun County Public Library System is a public facility that offers services to a wide range of citizens, and children are especially welcome. The library has the responsibility to provide an environment that is safe and comfortable for every patron who is appropriately using its services and facilities. Children and young people are expected to adhere to the same standards of patron conduct expected of adults. Parents, guardians, or assigned chaperones are responsible for the behavior of their children while in the library. Children under the age of seven should never be left unsupervised in any area of the library. If a parent cannot be located within 10 minutes, the staff will call the local law enforcement to report an abandoned child. Older children who are disruptive or misbehaving will be asked to leave the library; see policy on "Library Behavior". If the child cannot safely leave the library to return home on his or her own, staff will either allow the child to remain at the library under close supervision until a parent can be contacted or will contact the local law enforcement, depending on the severity of the situation. Children who are old enough to be in the library on their own will be asked about transportation approximately 15 minutes prior to the library's closing. Children who have not been picked up at closing time will be given the opportunity to call a parent or other responsible adult. Children who have not been picked up within fifteen minutes after closing will be left in the care of the local law enforcement. Under no circumstances will staff transport children in a vehicle or accompany them home. Board approved 7/6/00 Commissioners' Court approved 8/00 Revised 1/11 Calhoun County Public Library System Donation Policy The Calhoun County Library System welcomes gifts of new and used books, audio recordings, videos and DVDs, and similar materials. Items will be added to the collection in accordance with the selection policy of the library. Once donated, items become the property of the Calhoun County Library System, and may be transferred to other libraries and nonprofit agencies, sold, or discarded if they are not added to the collection. The donor may place no conditions on the donation. Donated items will not be returned to the donor, and the library will not accept any item that is not an outfight gift. The library will acknowledge receipt of donated items, but is unable to set fair-rnarket or appraisal values. It is recommended that the donor make a list of items donated. If items are being donated to obtain a tax benefit, it is the donor's responsibility to establish fair- market value or obtain expert assistance in establishing any value. Once a donated item has been added to the library collection, it is subject to all other library policies and may be discarded according to the policy on withdrawal and disposition of library materials. Monetary gifts, bequests, and memorial or honorary contributions are particularly welcome. Funds donated will be used to pUfchase items in accordance with the selection policy of the library. Books and other materials purchased with bequests and memorial or honorary contributions will be identified with special donor plates whenever possible. If requested at the time the donation is made, notification of memorial or honorary contributions will be sent to the family of the person being recognized. Suggestions for subject areas or other areas of interest are welcome and will be followed to the extent that such items meet the library's selection policy and collection needs. Acceptance of donations of equipment, real estate, stock, artifacts, works of art, collections, etc., will be determined by the library board based on their suitability to the purposes, and needs of the library, laws, and regulations that govern the ownership of the gift, and the library's ability to cover insurance and maintenance costs associated with the donation. Commissioners' Court approved 1/01 Board approved 1/01 Revised 1/11 Calhoun County Public Library System Fees For Service The Calhoun County Library System has as its mission the provision of free and open access to information in varied formats. However, there are limits to what can be provided with budgeted funds. The Calhoun County Commissioners' Court has determined that some services will be provided on a cost-recovery basis, passing the cost of these expanded services on to the user. Fees are established and charged when the service clearly benefits an individual user, prevents reuse of materials, or requires extraordinary staff time to provide, e.g. printouts from Internet, library databases, meeting room use. Fees may also be established for supplemental services that are not within the scope of the library's basic mission, or to enhance a service that is provided as an alternative to an existing free service, such as postage for requested materials. Fees will be reviewed and established by the Calhoun County Library System annually and a schedule of fees will be posted on the library's Web site and at the circulation desk. Board Approved 1/01 Commissioners' Court Approved 1/01 Revised 1/11 APPOINTMENT TO LIBRARY BOARD: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to appoint Ryan Smiga to the Caihoun County Library Board to replace Chuck Watkins for the years 2011-201S. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge pfeifer all voted in favor. Calhoun County Library Board Port Lavaca, Texas January 6, 2011 Judge Michael Pfeifer: The Calhoun County Library Board presents Ryan Smiga for the approval by the Commissioner's Court for appointment to this Board to replace Chuck Watkins for the years 2011 through 2015. We would greatly appreciate you including this on the agenda of your next meeting. Sincerely, k JA tym {LQ/ Sue Thomae, President AUTHORIZE THE COUNTY LIBRARY DIRECTOR TO APPLY FOR THE TOCKER FOUNDATION GRANT IN THE AMOUNT OF $55,000: A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to authorize the County Library Director to apply for the Tocker Foundation Grant in the amount of $SS,OOO.OO. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ~i~ q~ ~ T~S~t~ 20 II Grant Application The Tocker Foundation will consider requests from public libraries serving populations of 12,000 or less. Projects are reviewed for the level of contribution to the community. Funding will not be considered for normal operating expenses, salaries or employee benefits. Application Deadline: .January 15,21111 Name ofOrganization:Calhoun Library/Seadrift Braneh Library System: STLS_ Name of Contact: Noemi Cruz Contact ,)"itle:Library Director Physical Address: 200 W. Mahan City: Port Lavaca, State: TX Zip:77979 Mailing Address: 200 W. Mahan City: Port Lavaca, State: TX Zip: 77979 Tclephonc: (361) 5527223 Fax: (361) 552-4926 Email: lllTUL!{r,'!ihrar~rg Current Assigned Texas State Library Population: 2000 census: Seadrift, 1,352; Calhoun Co. 20,352 Grant Amount Requested: 55,000.00 Project Title: Library Fumishings/Seadrift Branch AGREEMENT: If awarded a grant, it is agreed that this library will submit a progress report including an accounting of funds used, on or before one year from the day the grant is funded. A final report will be submitted at the completion of the grant project. ./"'. I '-1. \;;;.~ IV. \.. /\ ~ Signature of Represenlaf e \ - i/- II Date ASSURANCES OF CONTINUED LOCAL SUPPORT: It is agreed that local funding for this library will not be diminished, curtailed, or cut in any way as a result of awarding this grant. /-/2--// Date SIgnature of Au 0 (Circle applicable title: ayor. City Manager, County Judge or Superintendent) Page I (Form update 04/0512(06) J Address each of the following items. Responses to each item should be limited to one page or less. I. Describe the project to be funded by the Tocker Foundation. (limit your description to one page.) Include: · The library service area and population to be affected by the project. The Seadrift Branch Library serves all of Calhoun County, but specifically Seadrift and the surrounding areas. The :2000 census shows 1,352 people living in Seadrift and another 1.000 in the area. We do not have the last census figures, but feel there has been a significant increase in population, especially in the outlying area where the marinas and retirement homes have been built. The population is made up of approximately 48% white. 48% Hispanic and 4% Asian with 40% elderly, 35% young adults/middle-aged and 25% children. The school is classified as a Title I, eligible for Federal funds. Seventy-six percent of the school children receive free lunches. Patronage usage of library: 2007 9,185 2008 9,522 2009 9,900 New books processed: 2007 895 2008 910 2009 924 Patronage usages increases each year. within two years at the new facility. New Patron cards issued: 2007 99 2008 123 2009 147 Internet patron usage: 2007 4,211 2008 4,552 2009 4,754 An increase of 25% in usage is anticipated · Describe the project and the needs your project will address. The present library is overcrowded and outdated. There is no space to add new shelving or books. Space is needed for an audio section and for new programs such as after school mentoring, games, and activities. Parking is limited and is difficult for handicapped clients, once inside, to maneuver through the narrow aisles. Children and adults are forced to use computers in the same area next to the check-out counter which causes a lot of confusion. Renovation of an 8,000 sq. ft. building to house the Seadrift Branch Library has been completed. This will alleviate all of the above problems. The new library will provide ample space for the Seadrift Branch Library to grow into the future and provide the needed services for a growing community. It has converted an empty building into a nice facility and improved the environment in the area. The library building is ready for occupancy with the exception oflhe furnishings. We have a bid from South Texas School Furniture for $114,847 for the furnishings. We still need an additional $64,847. Page 2 (Form upda.e 04105/2006) . A tentative timeline for implementation of your project. When funds are approved the furnishing will be ordered immediately. 2. lias this library received a previous grant from the Toeker Foundation?_ XYes_No Note: The Library System offices and the Texas State Library have a~sisted the Foundation in evaluating projects. Having the application reviewed is advised but not required. Has this grant application bccn revicwcd by thc Library Systcm Officc? X_ Yes No Rcviewcd by Alicc Nixon lias this grant application becn revicwcd by the Texas State Library Officc? Ycs X_No Rcviewcd by 3. If a grant is awarded, how will this projcct be funded beyond the grant ycar? When complete the building will be turncd ovcr to Calhoun County and they will providc funds for operation and maintcnance, books, computer supplies and salary for the librarian. Fricnds of the Seadrifj Library will not be responsible for any cxpenses involved with the operation of the library. 4. Provide a detailed budget for your project. Include itcmized costs for materials, equipment, furniture, shipping, labor, etc. Budget for furnishings is attached. 5. Describc how this project will improve library services in your community. Denotc the group(s) in your community who will benefit and how they will benefit from this project. The mission of the Calhoun County Public Library/Scadrift Branch is to provide free library services for all citizens and to provide infonnation and research services to meet the nceds of the community. The library encourages children, young adults, and adults to continually educate themselves through the use of library facilities. Seadrift, Texas is a small mid-coastal town with limited opportunities. The Seadrift Library is a source of community pride, stimulating the mind and character of our adults and children. It is a safe haven for children after school and during the summer. They study with friends doing their homework or using the available computers at the library. Sometimes the children must wait as long as an hour to use a computer. The library provides guidance in the use of books, newspapers, periodical, technology service and other materials which will enlighten and enrich the lives of all citizens in the community. Page 3 (Form update 04/0512(06) The library is the repository for our history in this community, this state, and this country. It also providcs programs that bring people togethcr from all over thc community. people who might not otherwise mcct, as well as people who might be isolated or fricndless. We like to think of our library a~ a trca~ure hOlL~e for our childrcn who go to story hours, attcnd summer rcading programs, and do their homework there. Aut it is, or can be just a~ true for adults, who take advantage of the library's rcsources to learn ncw skills. rcad about differcnt cultures and viewpoints, or take part in programs being offcrcd. When complete, the new library will provide: -:. Twice the floor space now available for books, videos and computers. .:. Separate sections for adults and children using computers. .:. Room for after school activities .:. Study area for studcnts doing homc work. .:. Space for activitics designcd for scnior citizens. .:- Aislcs widc cnough to accommodate wheel chairs .:. Parking spacc for 30 vchicles with adequate parking for handicapped. .:. Two mecting rooms for public use. .:- Restrooms to accommodate the handicapped. .:. A morc visible and accessible location. All citizens living in the Seadrift area will benefit from the programs offered, cspecially children and young adults. Because we arc a low-incomc community, many children and adults do not have acccss to books or computer/intcrnet service in their homes. Everyone will benefit greatly from the new and expanded library. 6. Explain how you will measure the success of your project. What are the outcomes you anticipate? The objective of this project is to increase patron participation by 25 percent by the end of the second year in thc new building. The new expanded library will be able to offer more programs that will appeal to more clients. New and innovatcd activities will be offcred for children. Computer classes will be held for those intercsted. The library anticipatcs offering email and internet access to those who cannot afford their own computers. Literacy and ESL programs and materials, along with electronic databases that provide financial, health and historical information will also be offcred. 7. (a) What is the current staffing level at your library? (b) Identify thc person(s) who will implcment the project, monitor the results and submit reports. Provide name(s), title(s) and address(es). Nocmi Cruz, Library Director, 200 W. Mahan, Port Lavaca, TX 77979 C. J. Garriott, Branch Manager/Seadrift Branch, P. O. Box 567, Seadrift, TX 77983 8. Please include any additional information you believe is important. Page 4 (Fonn update 04/05/2(06) ~ ~vuln '07 North Majn ~ TS TEXAS HalleltsviUe. Texao 779&4 (i) ~\ F SCHOOL 800-353-3685 361-798-4365-fax FURNITURE www.texasl~ ,..w.., ~~~ TOo Dna: 1/1&;2010 Co"""'" eo..r.t, liln<y QuotItHo.: 0-10-1189 - -.., We woukj MIle ID QUO't8 . price tor !he foflowtng fu"mttJre UNIT TOTAl. ITElU QTY IIODE1. I DE8CAlP'1'1OH PlllCe PRICE 3 4501-152-112 SF SWIer B2xJ811l12 S 480.00 S t 44000 2 42 4602-152-112 SF Adder 82x3fb:12 S Jel00 S '800200 3 5 4501.182.112 SF st.ter B4xJ6x12 S 554 00 S 2 no 00 4 '8 430;2.162.112 Sf _ll4xJ6x12 S 43< 00 S 781200 5 8 ~167-113 Of __ 84xJ6x2< S 1 052.00 S ..<1800 8 32 4504-187-113 OF Adder 84xJ6x24 S eoe 00 S 251156 00 7 5 4503-127-113 Of StwW 42xJ6x.24 S 50000 1 2 750 00 8 '0 <504.121-113 Of _ 42x361124 S 42100 S .. 270,00 8 4 45CJ3..127.113 OF S1anw 42xJ6x24 S 764 00 S 3066.00 10 8 4504.127.113 OF Adder 42x38x24 I 5llfl00 S of 784.00 11 4501-182-122 Sf __12 I 72400 S 12400 12 4502.182-122 Sf __'2 I 61200 I 812.00 13 45(J2.162-2n SF _ 84><3ex12 S 43200 S 432 00 A 2 4lI12'~70 T_ 42M2Jc28 S 456.00 S 912.00 B 1 4912-695--370 r_ 12x3ex21I S 51800 S 3 626 00 F 421 '-213-382 360 _ Com __30 1 63800 S 639 00 G 8 <1.211.274-362 360_ __30 S 67400 S .. 044.00 4731-893-331 30xn desk wtth L return 24M8 S 1 546.00 S 1,546.00 40000 CWt:uiation Desk S 8082.00 48 , 79U8S-18 Chon bod< & _ S 179.00 S 8511200 l-2448P18 WP J Chai'_ _ S 352.00 S 35200 2 57BO-1WP c_ _Iounao chaO' 1 545.00 S 1,09000 5700-2WP Chat d1oO" S 745.00 S 745 00 3 4,07-M2-SS2-A27 H" E..... Ch8lr S 3ll6.00 S 10ll5.00 &I~ S 5_.00 S 114847.00 ITOTAl. PRICE IHCL~ DElNERY AJID -'-AlUTlON: S "O,IOU' Thank you b the ~ to 'Mrt with .,ox!doJl If )IOU haw 8it'rt ~ pleae do not heettaIiIlD caI- Sincerety, HISTORY OF SEADRIFT BRANCH LIBRARY Due to the etTorts of a very special lady, Helen Causey, the Seadrift Library hegan in 1962. Mrs. CalL5ey collected books donated by members of the community. Also. the Library asked for and received books from the Texas State Library Extension. With permission from School Principal. Bill Tindall. the Library lL5ed a Seadrift elementary c1a5sroom for three years. In 1965, a one room house provided by Bobbie & Billie Caddell was used for two years. Although this one room house had no electricity. gas or water it wa5 used year around. Since the County did not budget any funds for the operation of the Library at that time, the tirsttive years volunteers kept it open and running An appeal wa5 made to Commissioners Court for a building to house the Library. Commissioner Clarence Barton promised to build a library facility if the citizens of Seadrift would provide a lot on which to build. In 1967, the Friends of the Seadrift Library was formed and fundraising began. Volley ball tournaments, organized by Principal Bill Tindall and donations from businesses and individuals provided the funds to purchase a lot. Later in 1967. the original 936 sq. ft. building was completed. At that time it became a branch of the Calhoun County Library. In 1968. the County budgeted funds for staffing and operations. The community was very happy to have a library and made great use of it. Soon the shelves were tilled, activities expanded, and the building was too small. In 1973. Commissioners Court. with support from Seadrift.s Commissioner Bill Sanders. added another 600 sq. feet. By 1991, the Library was once again bursting at the seams. The Friends of the Seadrift Library appeal cd to Commissioner Oscar Ilahn and Commissioners Court for help in alleviating the problem. In 1994, a 920 sq. ft. addition was added With the growing population and the increase in library use, the building is again bursting at the seams. In 2006. the Friends of the Seadrift Branch Library was asked to take responsibility for renovating a building donatcd by Calhoun County for use as a library. This was a former elementary school building. While the building is sound it needs a complete overhaul and Friends of the Seadrift Branch Library is endeavoring to raise the money for restoration. The only paid employee connected with the Seadrift Branch Library is the librarian-in- charge. This person is paid by Calhoun County. All of the Friends of the Seadrift Branch Library are unpaid volunteers. There are some 40 volunteers who give of their time to make the Library a success. RESOLUTION IN SUPPORT OF FRIENDS OF THE SEADRIFT LIBRARY WHEREAS, The Friends of the Seadrift Branch Library Board of Directors finds it in the best interest of the citizens of Calhoun County and Seadrift that The Friends of the Seadrift Library renovate a building to house the operations of the Library; and WHEREAS, The Friends of the Seadrift Library Board of Directors will make every effort to complete the construction of the renovation of the building and work diligently until completion; and WHEREAS, The Friends of the Seadrift Library Board of Directors agrees that in the event of loss or misuse of the funds, the Friends of the Seadrift Library Aoard of Directors assures that all funds will be returned. NOW THEREFORE, BE RESOLVED that The Seadrift City Council does hereby declare our support of the Friends of Sea drift Library in their fundraising efforts. BE FURTHER RESOLVED by this Seadrift City Council that our thanks are extended to Friends of the Seadrift Library for their services to the Seadrift Community in particular and to the county as a whole. SIGNED AND SEALED THlS THE 11TH DAY OF MAY, 2010. / h )J. &'.7/__ Robert Chatham, Councilperson ----ry - /~ -",...----:-c/ _ . gh'l ----:::, unmn am, Cl ~rson- -__ '-- ~Ad4~ Y Mi las, Councilperson it"~~ ift~ M Claudio Gonzales, Co' cilperson .) /J (j\'/~L/ i k ~M,'::J: Wesley Hunt Counci1person WHAT TO SEND: ONE copy of the Grant Application Form. The Foundation will download the individual annual reports from the Texas State Library web site. It is no longer necessary to send a copy of the annual report to the Tocker Foundation. (lfnOI a library syslem member, submitlbe member.;hip application or an IRS 501(c)3 letter). Return the application by ";InUlin I:', WII. Short extensions can be obtained by contacting the Foundation Office. (Fn, letter or email preferred). Mailing Instructions: Applications should be sent by first class mail. It is NOT necessary to send applications CERTIFIED, REGISTERED, OVER NIGHT or SPECIAL COURIER. The Foundation will confirm receipt by post card. Send Applications to: Tocker Foundation Altn: Darryl Tocker 3814 Medical Pkwy Austin, TX 78756-4002 Office: (512) 452-1044 Fax: (512)452-7690 E-mail: gral1ls..!!..hH..:~L.r.l)rg Web Page: \\ \\ \\ .tllc~sr.(lrg Page 5 (Fonn update 04/05/2006) .or.,a IRS Department of the Treuury ~tbPJ (ntern.1 RnenUI: Jnvl('. OGDEN UT 84201-0038 In reply refer to: 0441742604 May 01, 2009 LTR 4168C EO 74-2639006 000000 00 000 00027004 BODC: TE FRIENDS OF THE SEADRIFT LIBRARY INC X JANIE WAGHORNE PO BOX 264 ~~ SEADRIFT TX 77983-0264 - 7060 Employer Identification Number. Person to Contact. Toll Free Telephone Number: 74-2639006 S. Greenfield 1-877-829-5500 Dear Taxpayer: This is in response to your request of Apr. 22, 2009, regarding your tax-exempt status. Our records indicate that a determination letter was issued in February 2001, that recognized you as exempt from Federal income tax, and discloses that you are currently exempt under section 501(c)(03) of the Internal Revenue Code. Our records also indicate you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(a)(I) and 170(b)(1)(A)(vi). Oonors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, RihLtt~ Rita A. Leete Accounts Management II AUTHORIZE THE COUNTY LIBRARY DIRECTOR TO APPLY FOR THE TEXAS BOOK FESTIVAL AWARD IN THE AMOUNT OF $2,500: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to authorize the County Library Director to apply for the Texas Book Award in the amount of $2,SOO.OO. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Application for 2011 Texas Book festival Collections Enhancement Grant cIJa TEXAS BOOK FESTIVAL .d..I",HI".~ ",\'1"./1.' For guidelines, please refer to the General Guidelines section of the application (pages 1-2). Has this library received a Texas Book Festival Grant in the past? No Yes~ Check all that apply: 2006 2007_ 2008 2009 2010 Name of library: Calhoun County Public Library If hranch. pr<lI'ide headquarter" lihrary: Ir awarded this grant, check should read: Calhoun County Public Library Contact Pe...on: Noemi Cruz Title: Library Director Phone: (361) 552-7250 Fax: (361) 552-4926 E-mail: ncruz@cclibrary.org Hour" ",'ailahlefor que"tionJ and notification: Tues. -Fri. 9: 00 a. m. - 6: 00 p. m. Mailing addr..s: 200 W. Mahan City: Port Lavaca Zip: 77979 County: Calhoun Library System: Calhoun County Library System Library Director: Noemi Cruz Contact Info: (361) 552-7250 exL 23 Information about library: Number offull-time employees: Numher of part-time employees: Current total hranch hudget: Current hranch lihrary materials hudget: 4 7 $ 423,030 for 4 libraries $ 31.493 for 4 libraries Amount requested: $ 2,500 (nOI 10 exceed 51.500) If an award is received, it is agreed that this libral)' will submit a progress report including an accounting of funds by December J 1,20 II to: Texas Book Festival, 610 Brazos Street, Suite 200 Austin, TX 7870 I. ~~Mt / (\..~ Signature of Head Librarian, oem; Cruz Branch lihrary opplicatio/IJ mu.ff have signature of lihrary director. 1- 1- II Date .d Application for 2011 Texas Book Festival Collections Enhancement Grant Type your responses to the following questions in the spaces provided. Every section of this application must be completed for the application to be reviewed. No al/achments will he considered for this portion 4the application. I. PRO./ECT DESCRIPTION a. Please give a brief statement of how you will use the Texas Book Festival grant funds to increase or upgrade collections. The grant money awarded to Calhoun County Library will be used to purchase popular children's books to replace well loved. yet extremely worn. copies of current books as well as new books throughout the year. Audio tapes for the hearing impaired are in high demand and we would increase our small collection to create a basis for "read-along" audio/book material to compliment our literacy programs. b. Describe the need or the gaps you have identified in your collection and state how the Book Festival award will be used to meet the need or fill those gaps identified. This year our budget suffered budget cuts of $16.963. We were cut $14.963 for book purchases and $2000 for audio book purchases. Many of our children's books have a high circulation rate and as such the shelf life of even a hardback book is limited. Books need to be replaced often. It is difficult to find good books that children cnjoy and by replacing ones that are continually used children will read more often. With new books being published every day our lists of book suggestions grows by leaps and bounds and every two months we attempt to fill a request or two from not only parents but from children themselves. When they see a book that they requested on our shelves, it gives them a feeling of being part of our community as well. It encourages them to read a book when so often they can be entertained by television. movies or the Internet. Application for 2011 Texas Book Festival Collections Enhancement Grant I(b). continued: We have a large community of "English as a Second Language"' (ELS) readers. Many of their children are struggling with reading. ^udio books are becoming more and more necessary in our community as we have many that have literacy problems. By having audio books. children and adults can read along in a book with the audio version which then helps with fluency and comprehension. c. Describe who in your community will benefit from this award. This grant will gift our children. students and their parents in our community where budget cuts have limited our funds to keep up with new materials. We are a diverse community which sees many different backgrounds. Our language base is not only English speaking. but Spanish. Chinese and Karen (Burmese refugees). We have several seasonal families who migrate to the area during the shrimp and oyster seasons. Many of our factories have ships that come to port from countries around the world to and we have seen people from such places as Russia and Greece. We also have our "tourist"" community that migrates during the winters from the North to escape the cold and become members of the library. Many grandparents check the children's selections to see if there are any interesting books that they can recommend to their grandchildren. Application for 2011 Texas Book festival Collections Enhancement Grant 2. PUBLICITY / PROMOTION A. Describe what you will do to aetiv'ely promote the materials purchased with your award and how you will get the books into the hands of the targeted community mentioned above. Any new material obtained by the library is listed on our website for the community to be able to see and then come in and request or checkout. Many times. we have a waiting list before the book even makes it to the shelves. An article will be written for the Port Lavaca Wave newspaper as well as some oftbe smaller papers in our outlying towns every two months listing our new acquisitions. During the week. parents bring their younger children into the library for reading hour. We promote the newest beginner books by reading them to our young audiences followed by older favorites. The children enjoy the readings and our staff membcrs cnjoy reading thc books as well. B. Describe how you will promote the Texas Book Festival and the award in your community (press releases. signs. web sitcs. etc.) Every two months a list of new materials will be advcrtised in thc local newspapers and schools will be contacted with a I ist of new books. We will have display contests to encourage our young readers. Young people will write a short essay about why they think they would cnjoy reading the new book or books. The winner would then be able to hclp design and set up the display table for the new book or books. A picture of the winner standing by their display table would be taken and run in the paper as the winner of the contest. The schools in our community have access to the Accelarated Reader program and we let the schools know when new books are on the lists. This way. students can read the books from the public library and still be able to take the tests at school. Application for 2011 Texas Book festival Collections Enhancement Grant 3. Proposed RUDGET Give an estimated budget and numbers of books and book-related materials to be purchased with these funds. You do not need to list every title. Funds may be requested for the purchase of non- traditional book-related items. such as audio-books or e books for existing e-readers. TRF grants do not fund playaways or videos. Item (non fiction, fiction, Description Quantity Cost Each Cost Extended audiol' Fic t ion Children's books 77 16.Q1 1.101,Q Fiction Young adult hooks 11 17.00 107.80 Audio Children'R fiction unabri dg d 37 26.08 998.59 TOTAL COST $ 2,500.07 B. Please attach specific quotes from vendors to support your above estimates (ex. Simon & Schuster. Baker & Taylor. local bookstore. etc.) as addendums to this application. Please list all attached quotes below. I. Baker & Taylor 2. 3. 4. 5. 6. Application for 2011 Texas Book festival Collections Enhancement Grant 4. Time Line Plt:ase provide a hrief lime line that would ensure expending the ahove funds within a calendar year of receipt. The I.ihrary will use $1.500.00 (60%) for children's literature over the calendar year which hreaks down into approximately $250.00 (10%) every two (2) months. The I.ihrary will use the remaining $1.000.00 (40%) for audio tapes or CD's over the calendar year or $250.00 ( 10%) every four (4) months. No faxed or e-mail applications will be accepted. Mail to: Texas Book Festival Awards Texas Library Association 3355 Bee Cave Road. Suite 40 I Austin. Texas 78746-6763 AUTHORIZE THE COUNTY LIBRARY DIRECTOR TO APPLY FOR THE lONE STAR LIBRARIES GRANT IN THE AMOUNT OF $8,360: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to authorize the County Library Director to apply for the Lone Star Libraries Grant in the amount of $8,360.00. Commissioners Gaivan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. , TEXAS STATE LIBRARY & ARCHIVES COMMISSION LOAN STAR LIBRARIES GRANT Grant Type C - Under 520,000 Grant Number: 442-111048 I. CONTRACTING PARTIES Grantor: Grantee: Texas State Library and Archives Commission (TSLAC) Calhoun County, Calhoun County Public Library 200 W Mahan St Port Lavaca. Texas 77979 II. TERM OF GRANT September 1, 2010 to August 31. 2011 (SFY 2011) III. STATEMENT OF SERVICES TO BE PERFORMED The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve, and enhance local library services, and to provide Texans who are not residents of a particular community access to and services from the many participating public libraries in Texas. Grant funds must be used to meet TSLAC goals. The Grantee must report infonnation relating to best practices and performance outcomes. The Grantee will comply during the period of this contract and provide services as outlined within the Plan of Action submitted by the Grantee (Loan Star Libraries Grant for State FY 11) as approved by the Grantor. The approved Plan of Action becomes part of this contract by this reference. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amounl of the grant shall not exceed: $ 8.360 B. Source of funds: General Revenue, State Fiscal Year 2011 C. Payment for this grant will be funded in full upon delivery to Grantor a legally executed contract. Grantee should receive payment within 20 working days after the Grantor has received a fully executed contract and Grantee has fulfilled all requirements for preceding contracts. D. The Grantee mav not obli2ate or encumber grant funds after August 31, 2011. All obligations and encumbrances must be liauidated or oaid no later than October 15, 2011. E. All unexpended grant funds $25.00 and over MUST be returned, in full, to TSLAC along with the Final Financial Status Report (FSR). See Section VII. B. of this contract for FSR due dates. F. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). G. The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under the conditions of the grant. The source and amount of the program income must be eXplained in Section 9 of the TSLAC FSR. H. Per the approved grant application, funds are authorized according to the following budget: Personnel Frinl!e Benefits EauiomenUProoertv Suoolies Contractual Other Total $ 4.180 $ 4.180 $ 8.360 V. REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES The Grantee must request a Budget and/or Program Revision for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit request for Budget and/or Program Revision electronically via the electronic TSLAC Grant Management System (GMS), located at httos:l!ms.tsl.state.tx.us/. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests no later than July 31, 2011. Requests received after this date will be considered on a case-by-case basis. Grantee must submit a Budget and/or Program Revision to Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes must have an approved Budget Revision under any of the following conditions: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant; and/or, 2. Transferring any funds into a budget cost category that currently equals zero ($0); and/or, 3. Changing the items listed in the approved budget categories ifan item's cost or features are substantially different from what the approved grant application specifies, or from a previously approved fiscal or program revision. B. Programmatic changes to the approved application (Loan Star Plan of Action) must have an approved Program Revision under the following conditions: I. Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or, FY 2011 Loan Star Libraries Grant 1 of 6 Contract C - Under $20.000 2. Changing the scope or objectives of the approved program, regardless of whether there is an associated Budget Revision. A change in scope is a substantive difference in the approach or method used to reach program objectives. VI. EQUIPMENT Al'lD PROPERTY REQUIREMENTS A. If conditions described in Section V. A. I are met, fiscal changes to items listed in the EquipmenuProperty Budget category specified in Section N. I of this contract require a Budget Revision. This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in-transit insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP). B. The Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) requiring certain items of equipment to be maintained on inventory if the item's cost is between $500 and $1000. C. The Grantee agrees to submit the TSLAC Equipment Report electronically via the TSLAC GMS with the Final FSR. no later than October 31, 2011, for all equipment/property purchased with grant funds during the SFYIO grant year. This list must balance with the equipment/property purchased under the approved grant application and all subsequently approved Budget and/or Program Revisions. D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. E. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi- annual property inventory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This bi-annual inventory does not need to be submitted to Grantor, but must be maintained by the Grantee and will be subject to review by Grantor. When property is vested in the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III. Subpart C, Sec. 32 (e). When the Grantee has been given Federally or state-owned equipment/property, Grantee will follow the UGMS Part 111, Subpart C, Sec. 32 (I). VII. REPORTING REQUIREMENTS The State Legislature has charged Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting the grant funds, the Grantee acknowledges responsibility for performing certain services on behalf of Grantor, as outlined in the approved Plan of Action. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. A. The Grantee agrees to submit the Loan Star Libraries Performance Report electronically on the TSLAC GMS to Grantor no later than the due dates listed in the following schedule. if library materials ordered with grant funds are received by Grantee after the end of the grant year, a revised final Loan Star Libraries Performance Report may be required covering receipt of those materials. This revised final performance report will be due no later than October 31, 2011. Note: Grantee must contact the Loan Star Libraries Grant Coordinator listed in Section X of this contract in order to submit a revised performance report. ReDortine: Period Due Date September 1.2010 - February 28, 2011 March 7. 2011 March 1. 2011 - August 31, 2011 September 5, 2011 B. The Grantee agrees to submit electronically the TSLAC Financial Status Report Form (FSR), located on the TSLAC GMS, for the grant funded under this contract no later than the due dates listed in the foHowing schedule. Grantee should submit a Final FSR once all grant funds have been expended and all program requirements are accomplished. Grantee should mark the last required FSR as "Final" and not submit any subsequent FSR forms. Reoortine: Period Due Date September 1,2010 - February 28. 2011 March 31, 2011 March 1.2011 - August 31, 2011 September 30, 2011 If necessary, a revised Final FSR must be submitted no later than October 31, 2011. Note: Grantee must contact tbe Grants Accountant listed in Section X of this contract in order to submit a revised FSR. C. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package. As specified in UGMS Part N, Subpart B, Sec. 235(c), the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the state agency that provided the funding or a different period is specified in a program-specific audit guide. The audit's Schedule of Expenditures of Federal and State Awards must list the amount ofTSLAC awards expended for each award year separately. VIII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the Loan Star Library Grant Program Guidelines for SFY 2011. B. The Grantee will comply with the Title 13, Part 1, Chapter 2, Subchapter C, Division 8, Rules 2.810 - 2.815 regarding the Loan Star Grant Program and Title 13, Part I, Chapter 2, Subchapter C, Division 1, Rules 2.110 - 2.119 regarding General Grant FY 2011 Loan Star Libraries Grant 2 of 6 Contract C - Under $20,000 Guidelines. Loan Star Libraries Administrative Rule 2.815 (c) states, "If a library has certified that it provides service to non~ residents without charge or it has elected to participate in the TexShare card program, the library must maintain these services for the duration of the contract that it received." This means the library shall provide the same library services and may impose the same restrictions on non-resident customers as it does for those customers who live locally. Texas Government Code, Section 441.138(c), states, "State aid to a free tax-supported public library is a supplement to and not a replacement of local support." C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004, located at: "Un ://fwvemor.sfafe. tx.lIs/fi les/stafe-f!mnts/UG MS062004. doc. Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMS Circular A.87). Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMS Circulars A. 102 and A-122). Part Ill. State of Texas Single Audit Circular (Adapted from OMS Circular A-133). D. All publicity relating to the grant award must include acknowledgement of the Texas State Library and Archives Commission whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the benefiting library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide Grantor with one set of all public relations materials produced under this grant with the Final Performance Report. E. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the Texas State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing access to any information the state auditor considers relevant to the investigation or audit. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Sub-grantees through Grantee, and the requirement to cooperate, is included in any sub-grant awarded. F. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award for a minimum of three years after tbe end date of this contract. IX. ENFORCEMENT A. Remedies for noncomoliance. If a Grantee or Sub-grantee materially fails to comply with any term of an award, whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub-grantee, or more severe enforcement action by Grantor; 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub-grantee's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. B. Hearings. anneals. In taking an enforcement action, Grantor will provide the Grantee or Sub-grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub-grantee is entitled under any statute or regulation applicable to the action involved. C. Effects of susoension and termination. Costs of Grantee or Sub-grantee resulting from obligations incurred by the Grantee or Sub- grantee during a suspension or after termination of an award are not allowable unless Grantor expressly authorizes them in the notice of suspension or termination, or subsequently. Other Grantee or Sub-grantee costs during suspension or after termination which are necessary, and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations which were properly incurred by the Grantee or Sub-grantee before the effective date of suspension or termination are not in anticipation of it and, in the case of a termination, are non-cancelable; and, 2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which the termination takes effect. D. Relationshio to Debarment and Susoension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Grantee or Sub-grantee from being subject to "Debarment and Suspension" under Executive Order 12549 (see UGMS Part III, Subpart C. Sec. 35) and state law. X. CONTACTS AT TSLAC Questions or concerns about orogrammatic issues. budget and/or program revisions and performance reports should be directed to this grant's Program Manager: Loan Star Libraries Grant Coordinator Phone: 512-463-5475 Fax: 512-463.8800 E-mail: wclark@tsl.state.tx.us Questions or concerns about financial issues should be directed to: Manager, Accounting and Grants Department Phone: 512-463-6626 Fax: 512-475-0185 E-mail: mmartinuvtsl.state.tx.us FY 2011 Loan Star Libraries Grant 3 of 6 Contract C - Under $20,000 .' Questions or documentation relating to required Financial Status Reoorts and Eauipment Reoorts should be directed to: Grants Accountant Phone: 512-463-5472 Fax: 512-475-0185 E-mail: i!rants.accountini!@tsl.state.tx.us Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a revised FSR. an explanation of the purpose of the payment, and the grant number. This infonnation shall be directed to: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 Xl. APPLICABLE AND GOVERNING LA W A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally perfonnable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. S. This grant is subject to availability of funds. XlI. GRANT CERTIFICATIONS A. Grantor certifies that: (1) The services specified in the approved grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) The services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied upder contract given to the iowest bidder; and, (3) The grant complies with Texas Government Code * 441.006, Title 13, Part 1. Chapter 2, Subchapter C, Division 8, Rules 2.810 - 2.815 regarding the Loan Star Grant Program and Title 13. Part I, Chapter 2, Subchapter C, Division 1, Rules 2.110 - 2.119 regarding General Grant Guidelines, Texas Government Code * 441.135 Grants (Systems Act), P,l. 104-208, and UGMS. 8. The Grantee affirms that it has not given. offered to give, nor intends to give at any time hereafter. any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities. favors or anything of monetary value from contractors, potential contractors, or parties to any sub-agreements. C. The Grantee certifies all applicable activities related to this grant will comply with the Copyright Law of the United States (Title 17, U.S. Code). D. Per UGMS Part III. Subpart C. Sec. 35 Grantee certifies by this contract that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this program by any Federal department or agency, as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the grantee is unable to certify to any of the statements in this certification, the grantee shall attach an explanation to this contract. E. State law requires a number of assurances from applicants for state-appropriated funds. (UGMS Part III, Subpart B, Sec. 14 - State Assurances): (1.) A sub-grantee must comply with Texas Government Code. Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confinn the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2.) A sub-grantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during nonnal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994. unless otherwise expressly prohibited by law. (3.) A sub-grantee must comply with Texas Government Code, Chapter 551, Vernon's 1994. which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4.) A sub-grantee must comply with the Texas Family Code. Section 261.101 that requires reponing of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub-grantees shall also ensure that all program personnel are properly trained and aware of this requirement. (5.) Sub-grantees will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.c. ** 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 V.S.C. * 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.c. ** 6101-6107), which prohibits discrimination on the basis of age; (e) FY 2011 Loan Star libraries Grant 4 of 6 Contract C - Under $20,000 . the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) ** 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd.3 and 290 ee-3). as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VlII of the Civil Rights Act of 1968 (42 U.S.c. * 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and G) the requirements of any other nondiscrimination statute(s) which may apply to the application. (6.) Sub-grantees will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. * * 276a to 276a-7), the Copeland Act (40 U.S.c. Ii Ii 276c and 18 U.S.c. Ii Ii 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. * Ii 327-333), regarding labor standards for Federally assisted construction sub.agreements. (7.) Sub-grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (8.) SuhMgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties). and the Archaeological and Historic Preservation Act of 1974 (16 U.S.c. 469a-1 et seq.). (9.) Sub.grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act). which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (10.) SubMgrantees will comply with all Federal tax laws and are solely responsible for filing all required state and Federal tax forms. (11.) Sub-grantees will comply with all applicable requirements of all other Federal and state laws, executive orders, regulations and policies governing this program. (12.) Sub-grantees must adopt and implement applicable provisions of the model HlY/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. FY 2011 Loan Star Libraries Grant 5 of 6 Contract C - Under $20.000 SIGNATURES GRANTOR Texas State Library and Archives Commission Edward Seidenberg, Assistant State librarian Dat~ .~ Vincent Houston, Chief Fiscal Officer 12/25/2010 Date ~~() Oeber Littrell, Library Development Director 12/25/2010 Date C /p,!... --WV1~ Wendy Clark, Program Manager 12/25/2010 Date FY 2011 Loan Star Libraries Grant 6 of 6 GRANTEE Calhoun County, Calhoun County Public Library Michael J. Pfeifer Typewritten or Printed Name Calhoun County Judge Title January 27. 2011 Date Contract C - Under $20,000 ACCEPT THE FOllOWING DONATIONS TO THE CALHOUN COUNTY LIBRARY: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to accept the following donations to the Calhoun County Library. Commissioners Gaivan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, 1Cxas77979 The following materials have been donated to the Calhoun County Public Library System during the months of Nov 2010 - Dec 2010 Books 640 Books 7 Books 13 Books 5 Books 7 Books 3 Books 2 Books 1 Book 2 Books 3 Books 1 Book 1 Book 1 Book 2 Books 7 Books 3 Books 6 Books 1 Book 1 Book 3 Books 2 Books 1 Book 1 Book 1 Book 2 Books 12 Books 3 Books 3 Books 6 Books 4 Books 7 Books 28 Books 1 Book 4 Books Donor Unknown Jennifer Wright David Kinchen Lianne Ryan Kim Griffith Kari Eikehaug Helga Loudenslaughter Dolores Miller Gene Wogomon Kathleen Hoelscher Krystal L. Salinas Lynn Obenhaus Margaret Allen Carol Smith Elise McFarland Landon Smith James Shotwell Mitzi Payne Kay Kinsel Lauren Howell Ann Sikes Susan Roberts Jacqueline Herrera Susie Cardenas Margaret Hilscher Dudley Segrest Gene Wogomon Mary Willoughby Margaret Torpey Caroline Sanchez Mr. Rhodes Karen Vicknair Gabriel Rodriguez Dan Heard " 1 Book 2 Books 15 Books 41 Books , Lilly Houser Dolores G. Parker Heffernan Family Mary Pina Paperbacks 1048 Paperbacks 58 Paperbacks 11 Paperbacks 40 Paperbacks 13 Paperbacks 1 Paperback 2 Paperbacks 4 Paperbacks 13 Paperbacks 2 Paperbacks 35 Paperbacks 6 Paperbacks 4 Paperbacks 83 Paperbacks 1 Paperback 3 Paperbacks 6 Paperbacks 5 Paperbacks 8 Paperbacks 1 Paperback 2 Paperbacks 29 Paperbacks 9 Paperbacks 1 Paperback 18 Paperbacks 11 Paperbacks 10 Paperbacks 1 Paperback Unknown Kim Griffith Jennifer Wright Lianne Ryan Kari Eikehaug Karolyn Kinsel-Esneault Rob Babcock Donna Pick Sabrina Alexander James Shotwell Margaret Hilscher Kay Kinsil Lauren Howell Ann Sikes Jacqueline Herrera Nina Copeland Susie Cardenes Mary Willoughby Margaret Torpey Carol Smith Caroline Sanchez Mr. Rhodes Doris Wyman Gabriel Rodriguez Dolores G. Parker Heffernan Family Delores Miller Susan Roberts Audios 21 Audio Books 1 Audio Book 11 Audio Books 9 Audio Books 2 Audio Books 4 Audio Books Unknown Helga Loudenslaughter Emmalou Marek Carol Smith Robert Martinez Michael Cox Music CD's CD-ROM 1 CD-ROM 1 CD-ROM Unknown Jennifer Wright Videos 54 VHS's 73 VHS's Unknown Sylvia Balderas DVDS 2 DVD's 8 DVD's 2 DVD's 1DVD 1DVD Unknown Betsey Lee Frances J. Millard GBRA Donna Boyd Maqazines 978 Magazines 170 Magazines 13 Magazines 9 Magazines 18 Magazines 154 Magazines 15 Magazines 317 Magazines 105 Magazines Unknown Margaret Hilscher Matt March Lauren Howell Jim Trigg Paul Guzman Margaret Torpey Delores Schneider Mary Pina Others 4 3-Ring Binders 1 Computer CPU 1 Keyboard 1 Monitor 1 Mouse 1 Stainless Steel Book Drop Unknown 1s1 Baptist Church 1 sl Baptist Church 1 sl Baptist Church 1 st Baptist Church Ellis Memorial Library DECLARE CERTAIN ITEMS OF PROPERTY IN THE CALHOUN COUNTY LIBRARY AS SURPLUS/SALVAGE: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to declare certain items of property in the Calhoun County Library as surplus/salvage, Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, Texas 77979 Nov 2010 - Dee 2010 I would like the following items to be declared Surplus 1177 BOOKS 1144 PAPERBACKS 40 AUDIO BOOKS MUSIC CD'S 2 CD-ROM'S 285 VIDEOS 10DVD'S 1448 MAGAZINES OTHERS 4 3-Ring Binders Computer/Monitor/Keyboard/Mouse/Printer Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, Texas 77979 Nov 2010 - Dee 2010 I would like the following items to be declared Salvage 59 BOOKS 82 PAPERBACKS 5 AUDIO BOOKS 1 MUSIC CD'S 2 CD-RaM'S 43 VIDEOS 4 DVD'S 330 MAGAZINES OTHERS 2 CASSETTES CORRECTION ORDER TO VACATE AND ABANDON PORTIONS OF MARIE STREET (AKA PELICAN POINT) AND WILKINS DRIVE ADJACENT TO lOT 1, BLOCK 94 AND lOT 14, BLOCK 106, BAYSIDE BEACH UNIT 2, CALHOUN COUNTY, TEXAS. PREVIOUS ORDER SIGNED ON DECEMBER 9, 2010 LISTED AN INCORRECT STREET. THE ORDER ONLY WAS INCORRECT: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the Correction Order to Vacate and Abandon Portions of Marie Street (AKA Pelican Point) and Wilkins Drive Adjacent to Lot 1, Block 94 and Lot 14, Block 106, Bayside Beach Unit 2, Calhoun County, Texas. Previous Order signed on December 9, 2010 listed an incorrect Street, the Order only was incorrect. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. VACATE AND ABANDON PORTIONS OF MARIE STREET (A.KA PELICAN POINT) AND WILKINS DRIVE ADJACENT TO LOT 1, BLOCK 94 AND LOT 14, BLOCK 106, BAYSIDE BEACH UNIT 2, CALHOUN COUNTY, TEXAS. A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to Vacate and Abandon portions of Marie Street (a.k.a. Pelican Point) and Wilkins Drive adjacent to Lot 1, Block 94 and Lot 14, Block 106, Bayside Beach Unit 2, Calhoun County, Texas as shown on the following Order with exhibits attached. Commissioners Galvan, Lvssv, Fritsch, Finster and Judqe Pfeiffer all voted in favor. Commissioners None voted not in favor. CORRECTION ORDER DECLARING CLOSURE OF PORTIONS OF MARIE STREET (AKA. PELICAN POINT) AND WILKINS DRIVE ADJACENT TO LOT 1, BLOCK 94 AND LOT 14, BLOCK 106, BAYSIDE BEACH UNIT 2, CALHOUN COUNTY, TEXAS. WHEREAS, on the 9th day of December, 2010 the Commissioner's Court of Calhoun County, Texas considered the request of John W. Hildebrand and Roberta B. (Bobbie) Scott, being property owners in Precinct 1 of Calhoun County, Texas, to abandon and vacate portions of Marie Street (a.k.a. Pelican Point) and Wilkins Drive adjacent to Lot 1, Block 94 and Lot 14, Block 106, Bayside Beach Unit 2, Calhoun County, Texas, more fully hereinafter described and as shown on Exhibit "A" which is attached to this order and incorporated by reference. WHEREAS, Texas Transportation Code 251.051 vests in the Commissioner's Court the authority to abandon or vacate a portion of the Public Road; and WHEREAS, the Commissioners have not previously classified the subject road as either a first class or second class road; and WHEREAS, the Commissioner's actions to abandon or vacate the road has been posted at the Courthouse door of Calhoun County, Texas and at other places in the vicinity -0 Z"Tt 'J)"Tt -<- ::tin c- 3.II mr z -<'1) c ..'" -r t..)- -"'(") "', a,7.1 com (") _0 0'" '" ifH.fJ ,. .' ~ .. .. " '. ro ~ 'II ~ of the affected route, being at the Magnolia Beach Volunteer Fire Department, the Port Lavaca Post Office and at a location near the roadway to be abandoned and vacated, for at least twenty (20) days before the date the application was made to the Court; and WHEREAS, the Commissioners have voted unanimously to abandon and vacate the portion of the road described on the attached Exhibit "A"; and WHEREAS, all requirements of Texas Transportation Code 251.051 and 251.052 have been complied with in declaring said road to be abandoned and vacated. NOW, THEREFORE, ON MOTION DULY MADE BY Commissioner Galvan and SECONDED by Commissioner Finster, and upon said Motion having been approved by the Commissioner's Court in a properly posted public meeting; IT IS ORDERED AND DECREED, that Calhoun County does hereby CLOSE, ABANDON AND VACATE those portions of Marie Street (a.k.a. Pelican Point) and Wilkins Drive adjacent to Lot 1, Block 94 and Lot 14, Block 106, Bayside Beach Unit 2 described on the attached Exhibit "A". IT IS FURTHER ORDERED AND DECREED that on the date this Order is signed, title to the portions of Marie Street (a.k.a. Pelican Point) and Wilkins Drive adjacent to Lot 1, Block 94 and Lot 14, Block 106, Bayside Beach Unit 2 closed by this Order is vested in John W. Hildebrand and Roberta B. (Bobbie) Scott, the owners of the properties that abut the east, west and south sides of the closed roads, pursuant to Texas Transportation Code 251.058(b). IT IS FURTHER ORDERED AND DECREED that a copy of this Order be filed in the Official Records of Calhoun County, Texas and duly filed copy of this Order shall serve as the official instrument of conveyance of the closed portions of Marie Street (a.k.a. Pelican Point) and Wilkins Drive adjacent to Lot 1, Block 94 and Lot 14, Block 106, Bayside Beach Unit 2, Calhoun County, Texas from CALHOUN COUNTY to the respective owners of the abutting property as set forth hereinabove, pursuant to Texas Transportation Code 251.058(b). This Correction Order is executed in lieu of and substitution for that certain Order declaring closure of portions of Marie street (a.k.a. Pelican Point) and Wilkins drive adjacent to Lot 1, Block 94 and Lot 14, Block 106, Bayside Beach Unit 2, Calhoun County, Texas, herein dated December 9,2010, Instrument # 123751, recorded in the Official Public Records, Calhoun County, Texas, wherein by error or mistake, Wilson Drive was substituted for Wilkins Drive in the original Order dated December 9, 2010, and this Correction Order is executed by the Honorable Michael J. Pfeifer, Calhoun County Judge to correct that mistake, is effective on :JiA.....'1 J 7 confirms the former Order. , 2011, and in all other respects SIGNED THIS 27 day of ]"4I\.kO-1_, 2011. CALHOUN COUNTY TEXAS A L J. PFEIFER, JUDGE ATTESTED TO BY: ANITA FRICKE CALHOUN COUNTY CLERK By: tl~' } Deputy Cle After Recording Return: Ty Zeller Attorney At Law PO Box 791 Port Lavaca, TX 77979 STATE OF TEXAS } COUNTY OF CALHOUN } FIELDNOTE DESCRIPTION TRACT1A 0.071 ACRE All of that certain tract or parcel containing 0.071 acre situated in the Juan Cano Survey, Abstract No.5 of Calhoun County, Texas and being a portion of Marie Street (a.k.a. Pelican Point) as shown on the plat of Bayside Beach Unit Two recorded in Volume Z, Page 62 of the Plat Records of Calhoun County, Texas. This 0.071 acre is more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with plastic cap set in the West line of Marie Street (a.k.a. Pelican Point) and at the Northeast corner of Lot 1, Block 94 of the above referenced Subdivision for the Northwest corner of this 0.071 acre being described; THENCE along a curve to the left, with a Radius of 391.97 feet and Delta of 030 40' 01" and a Long Chord of South 740 23' 39" East a distance of 25.08 feet to a 5/8 inch iron rod with plastic cap set in the center of Marie Street (a.k.a. Pelican Point) for the Northwest corner of another 0.071 acre tract designated as Tract 2A also surveyed on this day and for the Northeast corner of this 0.071 acre being described; THENCE South 10059' 44" West, with the center of Marie Street (a.k.a. Pelican Point) and the West line of the said Tract 2A, a distance of 123.52 feet to a 5/8 inch iron rod with plastic cap set at the intersection with the North line of Wilkins Drive for the Southwest corner of the said Tract 2A and for the Northeast corner of a 0.087 acre tract acre tract designated as Tract 1 B also surveyed on this day and for the Northwest corner of a 0.108 acre tract designated as Tract 2B also surveyed on this day and for the Southeast corner of this 0.071 acre being described; THENCE with the North line of Wilkins Drive, along a curve to the right with a Radius of 458.50 feet and Delta of 030 07' 54" and a Long Chord of North 750 06' 46" West a distance of 25.06 feet to a 5/8 inch iron rod with plastic cap set at the Southeast corner of the said Lot 1 for the Southwest corner of this 0.071 acre being described; THENCE North 100 59' 44" East. with the East line of Lot 1 and the West line of Marie Street (a.k.a. Pelican Point), a distance of 123.84 feet to the PLACE OF BEGINNING, containing within these metes and bounds 0.071 acre. This fieldnote description and a plat were prepared from a survey made on the ground under my direction in September 2010. / j-/--.,.I /~'~> t,; 1/ j ~.,:,,' /0 ~,~'~ --,c-,'_ ",' I." 'i 'i:z1 /c:::::,.-r_:"" ." _".. -:..:..:-:....<..:- __ '.: )(3'& W}:NGINEERS, INC. ;:<~;~'=~c,c'~"~-q Henry 'A. Danysh ,',"". ':'."'0:' Registered Professional - - Land Surveyor, No. 5088 ' ._ 5774-001.TRACT1A,doc FIELDNOTE DESCRIPTION TRACT1B 0.087 ACRE STATE OF TEXAS } COUNTY OF CALHOUN } All of that certain tract or parcel containing 0.087 acre situated in the Juan Cano Survey, Abstract NO.5 of Calhoun County, Texas and being a portion of Wilkins Drive as shown on the plat of Bayside Beach Unit Two recorded in Volume Z, Page 62 of the Plat Records of Calhoun County, Texas. This 0.087 acre is more particularly described by metes and bounds as follows: I BEGINNING at an existing 1/2 inch iron rod located in the North line of Wilkin~ Drive and at the Southwest corner of Lot 1 in Block 94 of the above referenced subdivision and at the Southeast corner of Lot 2 of the above referenced subdivision for the Northwestlcorner of this 0.087 acre being described; i THENCE with the North line of Wilkins Drive along a curve to the left, with a Ra ius of 458.50 feet and Delta of 090 27' 16" and a Long Chord of South 710 57' 05" East a dist nce of 75.57 feet to a 5/8 inch iron rod with plastic cap set at the intersection of with the c nter of Marie Street (a.k.a. Pelican Point) for the Southeast corner of a 0.071 acre tract esignated as Tract 1A also surveyed on this day and for the Southwest corner of another 0.~71 acre tract designated as Tract 2A also surveyed on this day and for the Northwest cornrr of a 0.108 acre tract designated as Tract 2B also surveyed on this day and for the Northeast corner of this 0.087 acre being described; I THENCE South 100 59' 44" West, crossing Wilkins Drive with the Southerly Prqjection of the center of Marie Street (a.k.a. Pelican Point) and with the West line of the sail:l Tract 2B, a distance of 50.04 feet to a 5/8 inch iron rod with plastic cap set in the South li~e of the said Wilkins Drive for the Southwest corner of the said Tract 2B and for the Southeast corner of this 0.087 acre being described; i THENCE with the South line of Wilkins Drive, along a curve to the right wit~ a Radius of 508.50 feet and Delta of 030 30' 39" and a Long Chord of North 720 39' 07" W~st a distance of 75.46 feet to a 5/8 inch iron rod with plastic cap set for the Southwest corne~ of this 0.087 acre being described; I THENCE North 100 59' 44" East, crossing Wilkins Drive, a distance of 50.97 feet to the PLACE OF BEGINNING, containing within these metes and bounds 0.087 acre) I I This field note description and a plat were prepared from a survey made on the wound under my direction in September 201 O. ~_ / _ _ / ---=~:-:_~r____ I _ I ' ~ co :-_ - - ;'// ! -"',._-' 1./ ! e:/-- ,- \I I I -', -~.- '(:". "G & ENGINEERS, INC. Henry A. Danysh Registered Professional Land Surveyor, No_ 5088 5774-001 -TRACT 1 B doc .~ FIELDNOTE DESCRIPTION TRACT2A 0.071 ACRE STATE OF TEXAS } COUNTY OF CALHOUN } All of that certain tract or parcel containing 0.071 acre situated in the Juan Cano Survey, Abstract NO.5 of Calhoun County, Texas and being a portion of Marie Street (a.k.a. Pelican Point) as shown on the plat of Bayside Beach Unit Two recorded in Volume Z, Page 62 of the Plat Records of Calhoun County, Texas. This 0.071 acre is more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with plastic cap set in the East line of Marie Street (a.k.a. Pelican Point) and at the Northeast corner of Lot 14, Block 106 of the above referenced Subdivision for the Northeast corner of this 0.071 acre being described; THENCE South 10059' 44"' West, with the East line of Marie Street (a.k.a. Pelican Point) and the West line of Lot 14, a distance of 123.44 feet to a 5/8 inch iron rod with plastic cap set in the North line of a 0.108 acre tract designated as Tract 2B also surveyed on this day and in the North line of Wilkins Drive and at the Southwest corner of Lot 14 for the Southeast corner of this 0.071 acre being described; THENCE with the North line of Wilkins Drive along a curve to the right with a Radius of 458.50 feet and Delta of 030 07' 29"' and a Long Chord of North 780 14' 27" West a distance of 25.00 feet to a 5/8 inch iron rod with plastic cap set for the Southeast corner of another 0.071 acre tract designated as Tract 1A also surveyed on this day and for the Northwest corner of the said Tract 2B and for the Northeast corner of a 0.087 acre tract designated as Tract 1 B also surveyed on this day and for the Southwest corner of this 0.071 acre being described; THENCE North 10059' 44"' East, with the center of Marie Street (a.k.a. Pelican Point) and the East line of the said Tract 1A, a distance of 123.52 feet to a 5/8 inch iron rod with plastic cap set for in the center of Marie Street (a.k.a. Pelican Point) and for the Northeast corner of the said Tract 1A for the Northwest corner of this 0.071 acre being described; THENCE along a curve to the left with a Radius of 391.97 feet and Delta of 030 39' 20"' and a Long Chord of South 820 03' 19"' East a distance of 25.00 feet to the PLACE OF BEGINNING, containing within these metes and bounds 0.071 acre. This fieldnote description and a plat were prepared from a survey made on the ground under my direction in September 2010. / ;/>/r -~ / .II ~~~ tG & WENGINEERS, INC. Henry A. Danysh Registered Professional Land Surveyor, No. 5088 -..,. 5774-001-TRACT2A.doc FIELDNOTE DESCRIPTION TRACT2B 0.108 ACRE STATE OF TEXAS } COUNTY OF CALHOUN } All of that certain tract or parcel containing 0.108 acre situated in the Juan Cano Survey, Abstract NO.5 of Calhoun County, Texas and being a portion of Wilkins Drive as shown on plat of Bayside Beach Unit Two recorded in Volume Z, Page 62 of the Plat Records of Calhoun County, Texas. This 0.108 acre is more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with plastic cap set in the North line of Wilkins Drive and at the Southeast corner of Lot 14 in Block 106 of the above referenced Subdivision and at the Southwest corner of Lot 13 of Block 106 of the above referenced subdivision and at the Northwest corner of a 0.871 acre portion of Wilkins Drive previously abandoned by the Calhoun County Commissioners Court on April 24, 2003 and recorded in Volume 339, Page 295 (File No. 00079889 for the Northwest corner of this 0.108 acre being described; THENCE South 100 59' 44" West, crossing the said Wilkins Drive with the West line of the said 0.871 acre tract, a distance of 50.36 feet to a 5/8 inch iron rod with plastic cap set in the South line of the said Wilkins Drive at the Southwest corner of the said 0.871 acre tract for the Southeast corner of this 0.108 acre being described; THENCE with the South line of Wilkins Drive, along a curve to the right with a Radius of 508.50 feet and Delta of 100 39' 06" and a Long Chord of North 820 14' 00" West a distance of 94.40 feet to a 5/8 inch iron rod with plastic cap set for the Southeast corner of a 0.087 acre tract designated as Tract 1 B also surveyed on this day and for the Southwest corner of this 0.108 acre being described; THENCE North 10059' 44" East, crossing the said Wilkins Drive with the Southerly projection of the center of Marie Street (a.k.a. Pelican Point) and with the East line of the said Tract 1 B, a distance of 50.04 feet to a 5/8 inch iron rod with plastic cap set in the North line of Wilkins Drive for the Northeast corner of the said Tract 1 B and for the Southeast corner of a 0.071 acre tract designated as Tract 1A also surveyed on this day and for the Southwest corner of another 0.071 acre tract designated as Tract 2A also surveyed on this day and for the Northwest corner of this 0.108 acre being described; THENCE with the South line of the said Tract 2A and the South line of Lot 14, along a curve to the left with a Radius of 458.50 feet and Delta of 110 35' 42" and a Long Chord of South 820 28' 34" East a distance of 92.63 feet to the PLACE OF BEGINNING, containing within these metes and bounds 0.108 acre. This field note description and a plat were prepared from a survey made on the ground under my direc)ion in S.:,ptemb<;r 2010. //1--. I 7/ ~A.-/dl kG & W):NGINEERS, INC. HenryA Danysh Registered Professional Land Surveyor, No. 5088 5774-001-TRACT2Rdoc LOT 8 <- LoT;? <:( J- ~ ;::->- Sl~~/;j LOT 15 cJ 02.~ B La C K 94 G)Q Q en @ 0" ;,. , co 4J. ..; 0:: '" (J "' 5 LOT 2 ~ ..; ;,. <t" ~ "" ..; - <t" ~ LOT 1 "- 0 - c::i "- 0 c::i .'" <t" - "" <t" "" I- "" 0, (J . "" l" "" 0 <t" ."" I- "" ~ !!=~ (J . "" 0 ; ."" c;; '" l" 0 @ c;; @ WlI../(/IVS .'" "" ""- - " "'''' ~d 0", ~ TRACT 18 0.087 ACRE NOTE; BEARING SHO'lllN HEREON ARE BASm ON EXISTING lolONUIolENTAT1ON LOCATED ON l1-IE ca.lUON UNE ~ LOT t) 8c lOT 7 IN 8lOQ( !U (BASE BEARING: Nl0~9'<<'E) (i) CURY!: DATA DEl TA- 03'-40'01- RADIUs... 391.97' LONG CH.= 57473'39"E 2S.OS' (5) CURY!: DATA DELTA 03"39'20" RADIUS- 391.97" LONG CH.-= S82"03"9"E 25.00' "" . "". ."" "" '" 0 lOci 0"' c;; C2l CURY!: DATA DELTA- 03'0754" RADIUs... 458.50' lONG CH.- H75"06".046"W 25.06' (s) CURY!: DATA DB.. T A= 03"0729" RADIUS- 458.50' lONG CH.- N7s,,,,'2rw 25.00' SURVEY PLAT SHOWING TRACT 1 A 0.071 ACRE TRACT 18 0.087 ACRE TRACT 2A 0.071 ACRE TRACT 28 0.108 ACRE 8EING A PART OF MARIE STREET (aka PEUCAN POINT) AND WiLKINS DRIVE IN 8A YSIDE 8EACH UNIT TWO VOLUME Z. PAGE 62 OF THE CALHOUN CO. PLAT RECORDS JUAN CANO SURVEY. A8STRACT NO. 5 CALHOUN COUNTY TEXAS G & W ENGINEERS, INC. . ENGINEERING . SURVEYlNG . ARCHITECTURE . PLANNING LOT 14 BLOCK 106 LOT 13 (2) TRACT 28 0.108 ACRE @ (J) CURY!: DATA DELTA= 09"2716" RADIUS- 458.50' lONG CH.- 571"57D5"E 75.57 (7) CURY!: DATA DELTA- 11"35'42" RADIUS- 458.50' lONG CH.- 582"28'34"E 92.63' o . 1ol.C.O.1t ....c.O.R. P.D.S- P.D.C. [J ~....... L:::::;J O. ,0 ~S.?.u.uu............ ;...'"?DRIVE ~~.:::::::::::::::::::::::::::::::::::: U):-:::'" ... .....::::... ........--......... ........-......... . ............... (4) CURY!: DATA DELTA 03"30'39' RADIUS- 508.50' lONG CH.- N72"J9'orW 75.46' (s) CURY!: DATA DELTA- 1<r39'D6" RADIUS=- 508.50' LONG Oi.- N82,.'OO.W 9-4.400 LEGEND ~~CN~~IRON ROO ~t1Mrc:.ON ROO WITH WATAGOROA roJNTY DEED RECORDS WATAGOROA COUNTY OFFlQAL R[caIDS POINT ao BEClNNINC POINT ao CQt.tWENClNG Pl.A T OM DEED CAlL THIS PORTION OF WI~NS DRIVE. WAS PREVIOUS!.. Y AaAN~ED BY CALHWH COUNTY COWWlSSlONERS COURT. 4/24/03 f1LE NO. 00019889 V JJ9. P 29~ I. HENRY A. O......Y9-i. REGlSTIRED PROf'ESSlONAL LAND SURVEYOR. DO HEREBY CERTIFY THAT THE PLAT SHO....... HEREON AND FlEl.DNOTE OE~IPnONS PREPAAED REPRESENTS THE RESULT ~ A SURVEY I.lAOE ON THE GROUNO.-t:lNOER t,lY OlREC1)ON IN SEPTDolBER 2010; ..,...-. 1/ Q" v-t' ~ IItWfl\l~tNC. '. ~~~SSlONAl lAND SUR~ NO. 5088 !05 W. UV( OAK ST. PORT LAVACA. TEXAS 77979 (361) 552-4509 801 7th ST.. SUITE 260 BAY CITY. TEXAS 77414 (979) 323-7100 RAVIN BY: RECc..I"D BY: DATE: SCAlL: J.H.Q. H.A.Q. SEPT. 23, 2010 ,. - 30' NO.: W;NG NO.; 5774 001 5774-001 l/cd/i'llll 18:55 AM This Docul,nt has b"n r,c,i..d by this Offic, for R,cording into th, Ufficial Public R,cords. W, do h,reby s',ar that ., do not discrilinat, du, to Race, Creed, Color, Sex or National Origin. Filed for R,cord in: Calhoun County Honorabl, Ani ta Frick, County Cl,rk Inslr.: 124268 Ships: 18 Pag,(s) CONTRACT WITH IKON OFFICE SOLUTIONS FOR NEW COPY MACHINE FOR THE TAX ASSESSOR/COllECTOR AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve the Contract with Ikon Office Solutions for a new copy machine for the Tax Assessor/Collector and authorize Judge Pfeifer to sign, Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. .111 M J'~/!)~U~.t"t%.!ti, 11111 ~- IMAGE / f'L!,J;;! ManagemenW/ , . ~ ~ - - . STATI!ANI) LOCAL GOVERNMENT, Produci Scliedllle, - , . ~ - '. ~ Document Efficiency .. At Wotk: A JltCOH COMPANY Produd Schedule Number: Slate and Local GoV1!fnmenl Mister Agreemenl f<<,unbef': This Image Management Plus Product Schedule ("Schedule") is made part of the Stale and Local Government Master Agreement ("Master Agreement") identified on this Schedule ben.veen IKON OtTIce Solutions, Inc. Cwe" or "U<i") and COUNTY OF CALHOUN ,as Customer ("Customer" or ")'DU"). All terms and conditions of the Master Agreement arc incorporated into this Schedule and made a part hereof. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Schedules 10 the Master Agreement. CUSTOMER INFORMATION COUNTY Or CALHOUN GLORIA OCHOA Custon\er(BiIl To) Billing Contact Name 211 SA~ STTAX ASSESSOR 2 J J S ANN ST TAX ASSESSOR Product Location Address Billing Address (If dIfferent/rom location address) PORT LA V AC^ CALHOilli TX 17979-4203 PORT LA V ACA CALHOUN TX 17979-4203 City County Stale Zip City County Stale Zip Billing Conlac1 Telephone Number I, Billing Conlac1 FlIcsimile Number I ; Billing Contllct E-Mail Address (361) 5SJ.4433 (361) 553-4433 gloria.ochoa@calhouncotx.org PRODUCT DESCRIPTION ("Product") Qty Produc1 Description: Make & Model 1 [FOC) RICOH AFICID ~PC2050 Qty Produ....'! Description: Make & Model PAYMENTSCHEI)ULE MInimum Tenn 'munthsl Mlnlmu.m Payment lU'ithout TaxI Mln1mum Payment BUline Yn-quency o Monthly o Quan,dr D Other: 60 $ 129 A.wnce Paymeat D lot Payment o Jot&LastPayrru:nJ o Other; o ..0 Meier Ke.dtncJHUtlnl ".requeacy o MOlldlly o Quarterly 000", 0,0720 . &sed upon Minimum Payment Billing Frequency ~ Ha...eJ upon standa:rd 8 '-'i" .'{ 11- pa~r siLeo Pa~r ~iLes greater than 8 \.2" x II" may ,"OWlt as more Ihan one image. Sales Tax Exempt [2] YES (Attach Exemption Certiticate) Customer Billing Reference Number (P.O. #. etc.) Addcndum(s) attachcd: 0 YES (check if yes and indiclltc total number of pages: -> TERMS AND CONDITIONS I. The first Payment will be due on the EtTective Date. 2. You, the undersigned Customer, have applied to us to use the above-described items ("Product") for lawful commercial (non-consumer) purpu,"", THIS IS AN UNCONDITIONAL. NON-CANCELABLE AGREEMENT FOR THE MINtMUM TERM INDICATED ABOVE. 'fwe Accept this ~chedllle, YOll Agree to use the llhcwe Product on AlIlhe terms hereof, including the Terms and Conditions on the SFP478298 SLGPS-I~02,lO l-lJM-ASK-J8.0N www.IA:oft.C.o." Page: I 01"2 IKON Office: Solutions'Xl and IKON: Docwnent Efliclency AI Work@IARicohCompan) are: trademarks of IKON Office: SolUlions, Inc, Ricoh@isaregistered trademark ofRicoh Company, Lid Master AgreclIlcllt. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY 01' THIS SCHEDULE AND THE MASTER AGREEMENT. 3. Ima12e Charlles/Meters: In return for the Minimum PaymenL you are entitled to use the number of Guaranteed Minimum Images as specified in the Payment Schedule oflhi!! Agreement. The Meter Rcading/Billing Frequency is the period of time (monthly. quarterly, etc.) for which the number of images used will be reconciled. If you use more lhan the Guaranteed MinImum Images dunng the selected Meter Reading/Billing Frequency period, you ""jll pay additional charges at the applicable Cost of Additional Images as specified in the Payment Schedule of this Schedule for images, black and while andfor color, which exceed the Guaranteed Minimum Images ("Additional Images"). The charge for Additional Images is calculated by multiplying the number of Additional Images times 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. YOII \.\'ill provide us or our designee with the flctllEd meter reflding(s) by submitting meter reAds electronicAlly via an automRted mder r"::tuJ prognnn, or in tllIY othe::r n;:tlsoll.l:lbh: IIltlllllCr rC4uc!lh:d by U~ or our desigmx from time lo lime::. If such mc::k:r rctlding is not recei,'ed within seven (7) da}s of either the cnd 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 rC(:eipt of actual meter reading(s). Notwithstandmg any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: THE PERSQ'i SIGNL"'IG THIS AGREEMENT O~ DEHALF OF TIlE Cl:STOMER REPRESENTS THAT HFiSIfE lL\S THE AUTHORITY TO DO SO. CUSTOMER By, X ihtu.. P ~~ Authorized Si~er S tur Ponh.!>I"",c, Jyl.vA""",J .1Yk..l...-- 111)" C.......t\ ;:t'AS1- Do", /-;r>"'11 Accepted by; IKON OFFICE SOLUTIO.'JS, l!"<ie. By, Authorized Signer Signature Printed Nam..::: Tille: Dtlh:: SFP478298 SLO PS-IMP.)2 10 J""'&I-ASK-IICON _'W.i.t"ILl'Olft Page2of2 IKO""l Office SOluliul15@anu [KON Cllx:umenl Eilicienl:Y At Wurl~fA Ri<.:oh Company lIn: lra,knurb of IKON OITtta: Solulil}!l'l, In.. Ricoh@ i~ II n:l!:istered lrlu.1cmar.... ufRIl;oh Company, LtJ IKON OFfiCE SOLUTIONS, i"4C. IMAG,--MANAGEMENT PLUS COMMIIMEMT5 II Document Efficiency AI Wort: "O'IIICOHCQMf'......... The below servICe commitments (collectively the 'Service Commitments") are brought to you by IKON Office Solutions, Inc, an OhIO corporabon haVIng Its pnnctpal place of business al 70 Valley Stream Parkway, Mal\lern, PA 19355 ("IKON"), one 01 the largest dlsb"lbulors 01 otflce solullons In the world The words 'you. and .your" refer to you, OlK customer. You agree that IKQI\J alone is the pRrty to provide all of the services set forth below and IS fully responsible to you, the customer, for all of the SeNlce Commitments The Service Commitments are only applicable 10 Ire equipment rEquipmoor) descnbed In the Image Management Plus Product SchedJle 10 whldl lt1ese Service Commrtments are attached, exdudmg faCSimile machines, single-funchon and wide-format pnnters and produchon units The Service Commitments are effectlV€ on the dale lI1e Equlp'Tlenl is accepted by you and appty during IKON's normal bUSiness hours exclucing weekends and IKON recognlzed holidays They remain In effect for the Minimum Term so long as no ongoing default eXIsts on your part TERM PReE f'ROTECTlml PERFORMANCE COMMIHnrn The Image Management Minmum Payment and the Cosl of MdrtlOna1lmages. as descrbed IKON IS committed to perlomllng lhese Service Corrrnitments and agrees 10 perbm Its oolhe Image Managemenl Plus Product Schedule, WIll not increase In price dumg the serl/lcesinamanneroonsistenlwrththeawhcablemanufacturQ'"'s~eClh::ati:lns IfIKOOfai~ Mtnrnum Term of the Image Management Plus Produc1 SchedlJle, unless agreed to In writing to meet any Serv(:(I Comniments and in the unlikely evenlthat IKON is nol able to repair the and signed by belh parties Equpmenl in your oflice, IKON, !It IKON's election, wiH provide to you erther the deivery 01 a I:.QUIt'MtNI St:J.tVICI: ANU SJt't'LltS temporary learElI', for use wt1lle lt1e Equpment IS bemg r~red at IKON's servICe center, or IKOO will provide full coverage mainlenance services including replacement parts, aums, IKON will replace such Equpment'W1th CCITlYcIrable Equipment of equal or greatft capability at labor and all SErvice calls, during Normal Business Hours .Normal 8usf1ess Hell'S' are no additional charge These are the exdusi'0'9 remedies available to you under the Image bet\l.een 8:00am and 5-C4lm, Monday to Fridlily 9xcluding publIC holidays. IKOO will also Manegement Plus Commitments Customer's exclusive remody shall be for IKON to re-perlOfTTl Jl'OYide the supplies required to produce images on the Equipme,,1 co~ered under the Image any Services not in ccmphance Mth thIS warranly and brought to IKON's allentlon in 'Nfltlflg Management Plus Product SchedJle (OCher than non.roetered equlpmenl and so";netered W1Ihrl a reasonable tme, bulln no event mae Ihan thrly (30) days aller such ServlC8S are EQU~menl). The supplies 'olrill be provided according 10 manufactu~er's .lfications ~Ioml performed, II you are dissalisfied. 'MIh IKON's perf~mance, you must send a registered lelIer suppty Items such as paper and transparenCIes are nollnCluded. STAPLES JNCLUUEU out~nlng your concerns to the adc:hm sp9CIlied below In the 'Oualify Assurance" section, IUSrON~.[ TIM[ COMMITM[NT' Please allow 30 days lor re9Jlutlon IKON WI. p"o~ide a quarterly a~erage response tme a 2 10 6 bUSiness hours for all service ACCOUNT""A"4AGfMENT calls located Within a 3O.rolle radius 01 any IKON offICe, and 4 to 8 buSiness hours for SErvice Your IKON sales prolessional WIn, upon your reQUest, be pleased to revIeW your equpment calls located WIthin a 31-60 mile radius 10" the term of the Image Management Plus Product performance memes on a [JJarterly basis a"d mutuatty' converuent date and time IKON WlII Schedule_ Respon99 time is measured in aggregate for all EQuip-nent covered by the Image follow up 'Mlhin 8 bUSiness hours of a call or lHTIallto one of our account manag9lTlQnt t93m Managemellt Plus Produd Sdledule members requesting a melrlCS review IKON WIll, upon your request, be pleased to annually UPTIWE PERFORMA'KE COMMlrMENT review your business environment and di9CUSS ways in whIch we may mJ)'ove efficier1cies IKON wil service the Equpment 10 be Operatenal 'NIth a quarterly upllme average of 96% and reduce costs relati'lg to your document managemellt processes dJring Normal 8usiness Hours, excluding ll"ew~ntatiVtl and intAl'Ifn maintellance time I1lJAllfi AS,lIRANr.F DO'Mllma will begin at the bme you place a 9m'lCe ca.H to IKON and will end v.;,en the Pleas~ send all oorresponoonce relahng to the Sa"vice Commitments Ilia registered lener to Equ~menl is agaill OperatiO/'lal. '(OU agree to make lhe Equipment available to IKON IDr the Quatity Assurance Departmenllocatltd at 3920 Arkwright Road, Macon, GA 31210, Alln scheduled preventatIVe and rllerlm mallltenance Yoo further agree 10 give IKON advance Quailty Assurance The Qualrty Assurance Department 'NIII coordinate resohIllOn 01 any nol(:e of any crrtiCaI and specific uptme needs you may have s:J thaI IKON can schedule wth perfermance issues concerning the above Service Corrmrtments wrlh yoa klcallKON office you interm and JX9Ventative maintenance III advance of such needs As used in these Service If either ci the Response Time or Uptime Performance Commrtments is not met, a one-lime Commltmsnts .Operationar means slJbstantlal compliance wrth the manufaciurer's credf aquel 10 3% of your Minimum Paymenl invOIce lola! on the non--performing ullrt ....,11 be specifications aneVer pelformance standards and excludes customary end-usar correcli~e made allailable l4lon your request Credrt r9QUe~s must be made in Wliling via regIStered actions lener to the adctess above, IKON IS commltled to respondIng 10 any questIOns regarding IMAGE VOlUME FLEXIBlL ITY AND EOUIPME~T ADDIT,ONS invoICed amounts'a the use of the Equipmenl relating 10 the Product Scheoole WIthin in a Iw::l AI any tme after the expration of the intial nmoty day perIOd clthe original term of the Image (2) day tlmelrame To etlSllet!lemo!t timely response pleasecaI/7-888-ASK-/KON Management Plus Product Schedule to which lhasa Service Commitments relate, IKON 'Mil, MISC[LLAN[OUS ~n your request, review your mage VOlume II the maga vollJfTl9 has moved upward or These Servlre Canm:tments 00 not cover repars resuttrlg !rom mISuse (rnduding '>Mthout oownward In an amounl sufficienl fa you to cOllsider an alternative plan IKON 'M~, on a Imitation improper voMage or environment or the use d suWlies that 00 not conform 10 the qJa1erly basis, present JXl:ing opllons to conform to a new image ~olume If you agree that manufacturer's specrficahons), subteclive man,,"s (such as color reproduction accuracy) or addhonal equipmentltl required to salisfy yoor increased image lIolume requr9ments, IKON any other factor beyond Ihe reasonable control 01 IKON_ IKON and you 93Ch acknoYAedge will include Ihe eq\Itpment ill the p-lCmg opt:CJns. The adQlion of equipment ancVor thai these Service Commrtments represent the entire understanding of Ihe pail9S wdh respect increases/decreases to Ihe Guaranteed Minimum Images requres an ameOO'nent to the SUbject mailer hereof and that yolJ' sole remedy lor any Service Commitments not (" Amencinent") to the ImaQ13 Management Plus Product Schedule Ihat must be agreed to and performed in accadance WIth the loregoing is as set fcrth ullder the section hereof enlilled Signed by both you and IKON The Amend"nent may not be less than the remaining lerm 01 'Performance Commitment" The ServICe CooImitments rT"QrtJ hwe," are ser~i(B and/or the existing Image Managanent Plus Pro<ild Schedule but may be extQnded lor a term up to maintenanOll warranties and <l"e ncj I=foduct warranties Except as expressly setlorth herein, 00 monlhs_ M]uslmenis to the Guaranteed Minmum Images cOfTllTliment a/lO'or tha addition IKON makes no warranties express or mplied, including any implied warranties of of eqUIpment may resullO a higher a lower minimum payment Images OOa'eases are limited merchantabllrly, fllness lor use, or tltness l~ a partlCula- purpose Nerther party hereto shall 1025% d the Guaranteed Mlnmum Images in effect al the lime of Ivnenanent be liable 10 the other lor any consequential, indrect, punruve or special damages These EQUlPM[NT AND rROfrSSlOflAl SERVICES UPGRADE OPTION ServICe Commitments shall be governed aocording 10 the laws of the Commonwealth of At any tme alter the expiralion of one-half of the aigmalterm of the Image Management Plus Pennsylvania 'NIlhoul regard to Its conflicts of law Jl'inclples, These Service Commitments are Product Schedule to which these Serv(:e Commrtments relate, you may reconfigure the nol assignable by the Customer Unless otherwise gated in youl Implemelltation Sc~edule, EQl.J~menl by addng, exchanging, a upgradmg to an ~em of Equipment wilh ad:lrtlOnal your Equpment WIN ONLY be serviced by an "IKON Certllled Techn1Clan., You acknowledge lealures or enhanced technology_ A new Image Management PkJs Produd Schedule or and agree Ihat. in coonection WIlli its performance 01' rts ob~galions under these Service Amenc:tnent lor not less than lI1e remaining term of the existing Image Management Plus Cornmilme/ll<3, IKON may place aulomated meter reading unrts on imaging devices, including Product Schedule or Amen(j'flent, must be agreed to and slQned by you and IKON, The Image but nollimited to the Equipment, at your Iocalioo in order' to faCilitate the timely and efIiciellt Managemellt Cost d Addlh::mal Images and the Mrnmum Payment of the new Image colleclKin of aoclSale meter read data 00 a moothly, Quarterly or annual basis IKON agrees Management Plus Product Sdlooui@ a A-nend'nenl 'Mil be based on any rbhgRtions that such units WlH be used by IKON s:J1e1y ror such purpose Once transmrlled, all meter read ramallling on the Equ~ment, the added eq..llpment and now mage volume commtmen!. Your data sha! become the sole pr(ipEl1y of IKON andWlH be uli~zed lor billing purposes IKON Account Execuhve WIN be pleased 10 'M)fk wrth yoo on 01 Technology RefreSh prlOf to the end cl your Image Management Plus ProdtJct Schedule or Amenanent IN WITNESS WHEREOf, eltCh party has C4IUsed its dUy authorized offICer to execute these Im4lge M4Inagement PkJs Commitmenls as of ~20_, By N, Title Date: IKON OffiCE SOLUTIONS, INC. By Name Title Date SFP478298 ll\..fPC021O Palle I of1 IK01'\ Office Solutions<&'> and IKON: Docwnent Efticlt':ncy Al Work@/ARicohComp.ny are trademarks oflKO!' Office Solutioo:s, Inc. RicoM~ is a registered uadc:mark ofRicoh Company, Lid II Documont Enlcloncy ____~IWOfk~~~,_~, Equipment Removal Authorization Equipment Leased by Customer from IKON, IOS Capital, or IKON Financia/ Services _l--'----+-L-l...4 ~~-~~~~.......= -1++++-+ ,P '" ,', ~ !;~i-++-rl--~ Cuslomer Name I COlTNTY OF C ALHOllN 1 Dale Prepared I I Contact Name IGLORIA OCHOA 1 Phone 1(361"".4433 I Email Igloria.ochoal{llca,hOlUlcotx. org I Fax 1(361) l5).4433 I o Check if Additional Product Description page(s) altached ~~~~lli: This Authorization will confinn that you desire 10 engage IKON Office Solutions, Inc. ("IKON") to pick-up and remove certain items of equipment that are currently leased by you from IKON. IOS Capital or IKON Financial Services. and thai you intend to issue wonen or electronic removal requests (whether such equipment is identified in this Authorization. in a pun::hasc: order. in a letter or other wrinen fonn) to us from time: to time: for such purpose. Such removal request will ~t forth the location, make, model and ~rial number of the equipment to he removed hy IKON. Ry signing helow, you confirm that, with respt:d 10 every removltl r<<luesl is~ucd by yuu (1) IKON mHY rely on thl; n=qul;sL and (2) Ihe reque~l shall be guvcrnt:d by Ibis Authurizatiun. Except fur the obligations of IKON to pick.up and remove the identified equipment, IKON does not assume any obligation, payment or otherwise, under your lease agreement, which shall remain your sole responsibility. As a material condition to the perfonnance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON hllflllless from and o.gainst. nny and 0.11 claims., liabilities, costs, expenses and fees tlrising from or relating to any breach of your representations or obligations in Ihis Authorization or of any oblIgation owing by you under your lease agreement. , h' , jlit ' 'J" ""'f' '" ',. 1\" " " ' , ~+-i--l- w +---<-----:1 ----'---r--o :,&.~,~..., ...'...~..\.:~t"~.T~""" '" ~~-~- ~~--+--'-~-_.!-:t::tt "t.',.L1. j LJ L...Ll.~ :...l tJ'..;;:,.:.A.i::.:t.::L::..i..tLL......:i..Oi:L-.; t!.J i1.L....!............~I..;..J. LLb-,>.-.L.:.\...;.;~ ,--,' ...J---.....L----.LL Make !Model/Serial Number IcANo''1202oJ/cl403938o I ConL"t IGLORIA OCHOA I Piek.Up Address 1211 SOUlll Ar\N STREET I Phone IcJ61) 553-4433 I City IpORT LA V ACA I State ITX I Zip Code 177979 I Make !Model/Serial Number I I Contact t I Pick-Up Address I I Phone I I City I I St"te I I Zip Code I I Make !Model/Serial Number I I Contact I I Pick-Up Address I I Phone I I Cil) I I State I I Zip Code I I Make !Model/Serial Number I I Contact I I Pick.Up Address I I Phone I I City I I State I I Zip Code I I ",' {'" 11 - -'j' ')" , -rr-+-!:+ ~.~-~,. ah',;:"..J I!II~ ......-t. i4..I.:Ii!i11 ..~ ,....~.!H _ . I , I ' . ,. I ~ ... \ ". ( ',.,,,, ,,. ft. I-...)~, I I Date --;;>.. 7-- II Authorized Signature Signature Printed Name Title Date Signature Printed N3IlIe Title Re\~Oll09 SFP478298 CONTRACT WITH IKON OFFICE SOLUTIONS FOR TWO NEW COPIERS IN THE COUNTY CLERK'S OFFICE AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve the Contract with Ikon Office Solutions for two new copiers in the County Clerk's Office and authorize Judge Pfeifer to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. .111 M" r{l:':O~"'l:/,rriJ.~'t .1111 . ~ '1 IMAGE / f'U!~, ~ Managemenw/ ';' "I.""'; I' '" ::stAtUNJ)10CA~-Gc)vilR~liNT~::i : _I_~_~..L. .-_l;._;-L-~____:_t .-.......1_..-4! -' J... - ;Pl~~dtti:ti$c"'edu(ej-L:-: 1"i"~;'~ 1..~-t-t--++:--++-f-t-' 1.... T .!-_~_1...~ IIII!'I Document Efficiency IiliIII At Work: ^ RlCOH COMI'ANY Product Schedule ~mber; Slate and local Government Master Agreement Number: This Image Management Plus Product Schedule ("Schedule") is made part of the Slale and Local Government Master Agreement ("Master Agreement") identified on this Schedule between IKON Ollice Solutions, Inc. C'we" or "us") and COUNTY OF CALHOUN , as Customer ("Customer" or "you"). All terms and conditions of the Master Agreement arc incorporated Into this Schedule and made a part hereof. 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 Master Agreement. CUSTOMER INFORMATION COUNTY or CALI IOUN A~IT A FRICKE Customer (Bill To) Rilling Contact Name 211 S A~N 51 211 SANN5T Product Location Addr~ss Dilling Address (if different/rom location address) PORT I.AVAC^ CAUIOUl': TX 77979-4203 PORT LA V ACA CALHOUN TX 77979-4203 City County Slate Zip City County State Zip Billing C(lnhlc1 Telephone Numher I Dilling Contact Facsimile N\lmher I Billing Contact [.Mail Address (361)<53-4411 (361) :'iS3-4411 anita,fiic1::c@calhouncotx.org PRODUCT DESCRIPTION ("Product") Qty Product Description: Make &. Mod.:1 I [FOe] RICOII AFICID MP2851SP I RICOII AFIL'lO MP C4501 Qty Product Description: Make & Model . PA YMENT SCHEDULE MJnlnlUm Tl'nn (months) Minimum Payment IIhoutTux Mlrumum Pllymf'nt DUbne: Frtqutney o Monthly o Quarterly o Olh,,, Advance Pa,"mmt o 1" Payment o I" & Last Payment o Other: 60 $ 519 11000 o eo' Metl't H.rad'ne/HUllng l"re-quency o Mouddy [2] Quarterly o 00", Gultmnt('l'd I\Unlmum Ima .0 Color 0.0720 . DnlcH.! upon Minimum Pllymont Billing Frequency ~ nlt~ed upon lIttnw.1rtrtl 8 I"," )( ) I" pnper li:tCl. PIlpc:r Rii:c!I gn:lllcr UUVl 8 I'f' x II" rruty counll:\!1 mora than one image. Sales Tax Exempt: [2] YES (Attach Exemption Certilicate) Customer Billing Reference Number (P.O. II, elc.) Addcndum(s) nllachcd: 0 YES (check ifyc! and indicAle total number OfpllgCS:_) TERMS AND CONDITIONS 1. The first Payment will be: due on the Effective Date. 2. You, the undersigned CU!ltomcr. have IIpplied 10 us 10 uS<: the above-dc9cribcd items ("Product") for lawful commercial {non.consumer} purpo'c'. TillS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT FOR TilE MINIMUM TERM INDICATED AnOVF-. If we f1Ccer11hiR ~chc:dlllc. you "gree In IIse Ihe tlhove Product on all the terms hereof, including the Terms and Condition... on the SlO P~-lMl' 02.10 '-d"8...iSK./KON ~....w.IJctu"~(I," SFP477995 Pagel on IKON (JOIce SQIUlICJr\RXland IKON Document HmCICMY AI Wnl'k<lllA Rlcnh Comp~ny ftre ltallemll(kJ nf IKON Office Solutions,lnc Ricoh@isa regislered trademark of Rlcoh Company,Ltd Ma'kr AgIO""01! THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND TillS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COpy Of TIllS SCHEDULE AND THE MASTER AGREEMENT. 3. Imaec Charllcs;Melers: In return for the l\.1inimum Payment. you are entitled to use the number of Guaranleed Minimum Images as specified in the Payment Schedule of this Agreement. The MeIer Rcading/BilJing Frequency is the pcriext of time (monthly. quarterly, etc.) for which the number or Images used will be reconciled. If you use more than Ihe Guaranteed MlIumum Images during the selected Meter Readmg/Hilling Frequency period, you \\.ill pa~' additional charges at the applicable Cost of Additional Im3gcs as specified in the Payment Schedule of this Schedule for images, black and white and/or color, \\ihich exceed the Guaranteed Minimum Images ("Additional Images"). The charge for Additional Images is calculated by multiplying the number of Additional Images limes the applicable Cost of Additional Images. The Meter Reading/Dilling Frequency may be different than the Minimum Paymcnt Billing Frequency as specificd in the Payment Schedule of this Schedule. YOll ",ill provide us or our designee with the flctllld meter reading(s) by sllbmitting mc::ter rellds electronically via an automated llIeh:r reac..l prugralll, or ill any other rel1sol1l1bh: 1Il111111er rey'ue~led by U:i or our Je:iignee fwm lillle to lime. If sUl':h meter reac..ling is nol received within seven (7) da}s of either the end of the Meter ReadingfBilling 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 any) are: THE PERSO.... SIGNING TIUS AGREEMENT Of\" Ol-:HALF 01-" THE CUSTOMER REPRESENTS THAT IIFJSHE HAS tHE AUTHORITY TO DO SO. CUSTOMER By,X Authorized Signer Signature Printed >lame: Accepted by: IKON OFFICE SOLUTlO~S, Il\-C. By: Authorized Signer Signahue Printed Nam..::: TItle: Date: Tille: Dale: SLCl rs./w 1)210 J-I"-.-t.SK-JXON "",'w,ib,...:"," SFP477995 PageZof2 IKn:-4 om~.. 8u]~llvrl.iIl"nJ IKON OII1:!AIlt,lnl Rm~i\lll~~ AI W",k~:A Ri~(.n C'llmf'l'ny "r\lIUwffi.rh uf IKON om~e :lolull\lnll, In~ Ri~uh~ i~ II rl.l!:i~leretlllllJt:m!lrk. ufRiooh Compllny, llJ - Document Efficiency _AIWorll.' IKOr'l OfFICE SOLUTIONS, li'iC. IMAGE MANAGEMENT PLUS COMMITMENTS 1Il.ICOHCOW^""' The below servce commitments (collechvely the 'Service Commitments') are broughllo you by IKON Office Solutions, loc_. an Ohio corporahon haVIng its pnncipat place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ("IKON"), one at the largest dtsb"lbulors 01 office solullOflS tn the world. The words 'you. and 'your" refer to you, our cuslomer. You agree tha! IKCN alone is the party 10 provide all 01 the serviceS set forti below and IS fully responsible 10 you. !he customer, for all of lhe ServICe CommItments The SeMce Commltmenls are only applicable 10 the eq.Jlpmenl rEqUlpmenr) descnbed in the Image Management Plus Product Schedsle to whteh these Service Commitments are attached, exduding facsimile machines, single-lunctlOl1 and wde-formal printers and producbon units The Service Commitments are effeclive on the date the Equipmenl is accepled by you and apply during IKON's normal bUSiness hours excJudng weekends and IKON rec<X;lrNzed holidays. They remain in effect for the Minimum Term so long as no ongoll1g default exists on your part TERM PR~CE FROTHTION The Image Management MlnlT1um Payment and the Cost of AddrtlOnallmages, as described 011 the Image Management Plus Product Schooufe, w~1 IIOt Increase In pllce dunng Ihe MInimum T arm of the Imag<! Managemenl Plus Produd Schedule, unless agreed 10 In writing and slgn~ by both parties I:QUIPMl:t~ I SI:UVlt:!: ANU SUPPLII:S IKOf'Il will pro~ide lull coverage maintenance services including replacement parts, d'ums, labor and all SE......ice calls, during Normal Business HOISs 'Normal BuSiness HolJ"s' are bet'Mlan 8:00am and 5:l)4Jm, Mandly to Friday excluding publIC no~days IKON wdl also p"OVIOe the supplie<a reQUired 10 produce images on the EquIpment covered under Ihe Image Management Plus Product Sched1le (other than nonilleteroo equIpment and soft-melered Eqo"menl). The supplies YllII be provided actorrling to manufacturer's speciflCahons Optional supply Items such as paper and transparencies are not included. 5\i4 PLE S RLSPONS[ TIM[ COMMITM[NT - !N ('l"O oEJ> IKON wll provide a quart€tly average response Ime d 210 6 buSiness hoors or alrservK:e calls located willlin a 3Q{TlIle radius of any IKON office, arid 4 10 8 business hours for service calls Iocaled 'M!hlll a 31.60 mile radius fa Ihe term of Ihe Image Management Plus Product Sthedule. R9$pOl1se time IS meaSI.Xed in aggregate la all Equipment covered by the Image Management Plus Product Sdledule UPTIME PERFORMANCE COMMITMEIH IKON WI. service lhe EquPment to be Operahonal wllh a quarterly uptime average 01 96% ciJring Normal Business Hours, excluding J)'evenlative and inlarlrTl mamlenaBCe lime Downtme will begin atlhe lime you place a savice can to IKON and w~l end .....-twn the Equ~1 is again ()pI:lralional You agree 10 make the Equipment available 10 IKON lor scheduled preventalNe and r1t€t1rrl mamtenante. You lurthQ' agree to give IKON advance notice 01 any aitlCa! and specilic uptme needs you may have ro that IKON can schedule wth you Illterm and prevenlalive mainlenance III advance of such Meets. As used in these Service Ccmmltmenls 'Op€tllllonar moans substenlial compliente wijh Ihe manulacturer's spt!Cllil:3lions and/or performallC1l standards and excludes OJslomary end-user corrective actionS IMAGE VOlUME FLEXIBILITY AND EQUIPMENT ADDITIONS AI any tme aflgr the expratlOl'l of lhe 1ll~laI ninety day period 01 the original t9l'm of the Image Menagemenl Plus Produd Sthedule to which these Service Commitments relete, IKON Will, ~ your request, review your mage vOlume tIthe mage volume has moved upward Of oo'M'lward In an amounl sunlcienl for you 10 consider an a~ernalive plan, IKON wil, on a (J,la1erly basis, present prl:ing options 10 c:oolorm to a new image ~olume If you agree that ad<ilional equipTlent IS roquired to salrsly your increased mage volume requremenls, IKON will include tile ltqllipment in the p-Icing optIOns. The addtion of eqUipment and/or IncteasesldecreaSElS to the Guaranteed Mlnimum Images requi'es an amel'llinent ('.AJnenO'nenl") to the Image Management Plus Product Sdledule lhat must be agreed to and sigMd by both you arid IKON The Aman<tnenl may nol be less than Ihe remaining term of the exisling Image Man9gQ'Tlflnl Plus PTodJCI Schedule but may ba 9)(lended for a lerm up 10 00 moolhs. Adjustments 10 Ihe Guaranteed Minmum ImegslI ccrMltmenl andor the addition d equlPfTlenl may resu.ln 8 higher or lower minimum paymenl Images decreases are IImllad to 25% of tile Guaranleed Mini'num Imege9 in effect al the lime ollvnenanool. EQUlPM[NT AND PROr[SSIOfIAL S[RVICES UPGRADE orTl0N Alany Ime aft€t Ihe expiration of one-hall ollhe crlglnallerm of Ihe Image Management Plus Product Schedule to 'Mlich thtse Service Ccmml1ment9 lelate, you may reconligure Ihe E~fJmenl by addng, exchanging, or upgrJding 10 an Ilem of EQU~enl with ad:lh)nal leature, 01 enhanced technology. A new Image Management PkJs PTo<1ucl Schedule or hnen<:tl1enl for no! len than the rem.ining term of the existing Im.ge Management Plus Product Schedute er .Amencrnent, musl be agreed to and signed by you and IKON. The Image Manegement Co!>1 cI Addition,1 Images and the Mlni'num Payment of the new Image MAnflOAmanl PlJs PfOrlucl SdlAl:1ule ('I hnflnlinent WIll he bQSfK1 on any obligations romoinlng on the Equpment, tho oddod oqIlpnenl ond new mogo volume corMl'monl. YOO( IKON Accounl Exe<:utlve Win be ple8l1l!1d te 'oWI'k w~h you on a Technology Refresh p-o It) the end of yoUf Image ManfY,jemenl PluaProduct Schedule or Nnemtnenl, PERfORMANCE COMMlr....ENT IKON IS committed to perfOlTTling Ihese Selvite Corrrmlmenls and agrees to perform ils serViCes in a mannef consistent wrth IlIe awllC3ble manulac1urw's ~ficalons If IK().l lalls to mecl al'ly Servl:e Corrmfmenls and in the unlikely event that IKON is not able 10 repair the Equpment in yOUl office, IKON, iltlKON's election, WlH provide 10 you eit~er the de~va'Y of a temporary klaner, ler use while the Equpment IS being repared allKON's servICe center, a IKON wHl replace such Equpment with COI1llarable EQUipment of equal or greater capabdrty at no addrtlonal cha'ge. These are the e~dusi\'C remedles available to you unde" the Image Managemenl Plus Commitmenls Customer's exclusive remedy shall be lor IKON to re-perform any Services notm ccmpliance Mlh thlS warranty and broughllo IKON's attention in wr!ling w,1hJ1 a reasonable tme, but in no evenl more than thrty (30) days anef sum Services are perlormed If you are ()ssahslled with IKON's performance, you must send a regisl9'ed lelIer outhning your concerns to the adaess 5pOC1lied below in the 'Qualijy Assurance' section Please allow 30 days fOI resolution ACCOUNT MANAGEMENT Your IKOO sales professional WIN, upon your request, be pleased to review yOll' equpmenl per/ormanD! metrlCS on a (JIar1erly basis and mulual'Y l;onvenienl date and lima IKON Wlfl follow up within 8 business hours 01 a call or e-mail 10 one 01 our accounl managemert leam members requesting a mebics review IKON WIll, uPJn your request, be pleased to annually rev~ your business en~ironmenl and di$:uss ways in which 'Ml may rnprove eNiciencies and reduce oosts relal(jg 10 your document management p'oresses (l11A-IITV ASSIIRANr.f Please send all oorresponoonce relating to t~e S<<vi:e Commitments via regist€ted tetl<< 10 lhe Quality Assurance Departmenltoca!ed at 3920 hkwright Road, Macon, GA 31210, Attn Quality ASStKante. The OUalrly Assurance Department 'MIl coordinate resolutIOn 01 any performance issues concerning the abo~e Sa-vice Commitments with yoll local IKON office If either of Ihe Response Tme eX' Uphme Perloonance Commitments is not mel. a one-lime (;fedt equal to 3% of YOl.t Minimum Payment inVOICe 101011 on the non-perlorming unit 'MI be made available L410n your requasl Cred~ reqtJe~s musl be made in Wfiting via registered lettef to Ihe adaess above IKON is oorTlffiltted 10 responding to any QuesllOOS regarding invoiced amounts fOlthe use of Ihe EQui~nt relating to the Product Sthedule within in a tv.o (2) day timeframe, To ensile the fTI():J timely response please CEII1.888.ASK./KON MISCELLANEOUS These Servk::e Cornmllmenls do not cover repai's resutling from misuse (including v.itllout li'nrtahon ~rop€t 'o'O~age or environment or the use ci suWlies that do not conform to the manufacturer's specilications), su~ective matters (soch as coloc reproduction accuracy) or any olher lador beyond the reasonable cooliol of IKON. IKON and YGU each acknowledge that Ihese Ser'l'ice Commijments representlhe entire understanding of the pa1ies w~h resped to the subject mailer h€teo!' and that yolJ sole remedy lor any Service Commilments not performed in accordance 'Mih the loregoing is as set forth under the section hereof entrtled 'Performanctl Commifnent', The Sef'\llCe Commitments made herein are sarvk:e an&'or maintenancu warrantieS and a"e nct p-oduct warranties. Except as e)(pressly seilor1h herein, IKON makes no warranties, express 01 mplied, including any implied warranties of merchantabtlrly, Illness lor use, eX' Irlness lor a parh:ula- purpose. Nedher party herelo shal be liable to the olher for any oonsequenlia1. indred, plJ1i!ive or special damages. These ServICe Commllrnenls shan be governed according to the laws of Ihe Corrmon'Mlalth 01 Pennsylvania 'Mthout regard 10 its conllicts of law principles. These Seryite Commitments are not assignable by the Cuslomer Unless olhwwise ~aled in your Implementation SchettJle, your EquP11ent WI. ONLY be servICed by an "IKON Cerlllled Ted1nl:lan", You acknowledge and agree that. in connection wilh its perfamance of r1s obigations undef these Service Comm~menls, IKON may place automated meler re3\1ing units on imaging devices, including bul not limited to the Equipment. al your location in order to facililale lhe timely and efficienl COllectKln of acclla!e meler read data on a monthly, quar1er'Y or annual basis IKON agees that such units wiN be used by IKON solely lor such purpose, Once transrmlted, allmet9' reaa data shall become Ihe sole prCPa1y 01 IKON and WI. be utilized lor billing purposes, CUSTOMER IKON OFFICE SOLUTlONS,INC. IN WITNESS WtfEREOF, each party has caused Its dtJy authof'lzed ollk:er 10 exeClII. these ImllgCl Management PlJs Commitments 8S or By Name Title Oe~ ~2il_. By Name Tide Date IMI~'()2 III IKllf\ (111lCl1 SOJuthltlHol(J _nd IK()N Dncumcnl tl,OIcil1nl;)' AI W'>I'kl1o 'A Ricnh C<lml"ln:-, l\rc lr.dcmnrk~ <If It-.:O!\ Ol1lce SOIUllonS, Inc. Ricoh<li> is a regislered lrademark ofRicoh Comrany, Ltd SFP477995 Pall-e loft .. Documenl Efficiency _Alwork: An.u..l~""'r Equillment Removal Authorization Eql,;pmenl Leased by Customer from IKON, IDS Capital, or lKON Financial Services e9UeUl!iLii!!!!ij!i~j'~~Ui&~'lii-=!9!==i Customer Name jCOUNTY OF CAl.HOUN 1 Dale Prepared I I Contact Name I ANITA ['RICKE I Phone 1(361)553-4411 I Em"il ~nita fri cJ....eriVc alhouncol x. oeg 1 Fax 1(361) 55)-4411 I o Check if Addiliomll ProduCI Description pagels) an"ched ~~~=;;-..... This Authorization will confinn thai you desire to engage IKON Office Solutions, Inc. ("IKON") to pick~up and remove certain items of equipment that ore currently leased by you from IKON. IOS Capital or IKON Financial Services, 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 fonn) to us from time to time for such purpose. Such removal rcque~1 will set forth the location, make, model and .~erial nUll1her of the equipment tn he removed hy IKON. Ay .~ignjng helow, you confinn thaI, wilh n::spel,;llo \:IV~ry remuvlIl request issut:d by you (I) IKON muy rely un the retjucsL amI (2) the rCljucsl shall be:: governed by Ihis Authurizatiun. Ex.(;cpt fur the obligations of IKON to pick-up and remove the identified equipment. IKON does not assume any obligation, payment or otherwise, under your lease agreement, which shall remain jour sole responsibility. As a material condition to the perfonnance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON hannless from and against, any and 011 claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in Ihis AuthorizatIOn or of any obll~ation owing by you under your lease agreement. _;om=lal==;~_ Make /Model/Serial Number I CANON15070lC I 40.19400 I Contact I ANITA FRICKE I Pick-Up Address 1211 S ANN STlmET I Phone 1(361) 553-4411 I Cil)' jPORTLAVACA I Slale In: I Zip Code 177979 I Make /Model/Serial Number IcANON12230'C14041638 I Contact IANITA FRICKE I Pick-Up Address 1211 soum ANN STREET I Phone 1(361) 553-4411 I CII)' IpORT I.AVAVCA I Stale ITX I Zip Code ~7979 I Make /Model/Serial Number I I Contact I I Pick-Up Address I I Phone I I CiI) I I State I I Zip Code I I Make /Model/Serial Number I I Contact I I Pick-Up Address I I Phone I I . CiI)' I I Stale I I Zip Code I I Jill i ~ : t--:~LUJ U:i:~ '{{!)~iH:j: HHJH!. I .[. ;-L I ~ Aulhorized Signature SiglUllure Printed Nallle Title I ' I ' " J "{" - , 1 ' 'f' ,.,~, 'I1"-';;{'1"~"' .". , ' , , , ..,. I _I I 4. _~ ,1)1,....~ ''l:.l J...j_"1:.a _":'1: 4~' ~hIJl...-..:.~r-:~~--'-,h "I !..._!_.!.-I_~~,. , '\ ,.I. 1'1''',. 4. '~")';":' , .;'-'h: Authorized Signature Sigmllure Printed Name Title Dille Dale R,I'I..<I(111W SFP47799S CONTRACT WITH CALHOUN COUNTY AND THE HARBOR ALLIANCE AND VICTIM CENTER FOR THE YEAR 2011, AUTHORIZE PAYMENT IN THE AMOUNT OF $28,500 AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the Contract between Caihoun County and the Harbor Alliance and Victim Center for the year 2011, authorize payment in the amount of $28,SOO and authorize Judge Pfeifer to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CONTRACT between CALHOUN COUNTY and THE HARBOR CHILDREN'S ALLIANCE AND VICTIM CENTER STATE OF TEXAS COUNTY OF CALHOUN WHEREAS, Calhoun County. hereinafter COUN71', a political subdivision of the State of Texas, has determined that the expenditure of county funds proposed hetein is one which serves a public purpose and has further detetmined that the State of Texas, by its Constitution or by its state statutes, either implicitly or explicitly, has conferred upon COUNTI'the authority, the powet and the jurisdiction to accomplish the uses for said funds as proposed herein, infra. Ha\'ing found the abm'e elements fully satisfied, COW\'TY may conttact with a printe nonprofit corporation so that they may use said public funds for the purposes contemplated herein, but only if the expenditure is to accomplish "county business" (which encompasses matters of general concern to county residents) and only if COUN'IY assures itself that the funds to be transferred by this contract arc subject to adequate contractual or other controls to ensure that expenditure of said county funds for the public purpose stated herein will be accomplished and so long as COU1\TY received adequate consideration for the county funds to be provided by this contract. WHEREAS, COU1\'71', a political subdivision of the State of Texas, has the authority and duty to conduct necessary investigations, enforce the laws and under legislative mandate, through its district attorney, assist all victims of crime, and further, pursuant to '264.402, TexclJ FaJJ1ily Code, the authority to establish childten's advocacy centers, which centers shall provide cerrain services to and support of the children of COUNTY who are victims of child abuse and neglect, and FURTHER, that COW\"])' has determined such activities sen'e \'aluable public purposes and constitutes county business, and WHEREAS, COUNTY, pursuant to ' , 264.403 and 264.406, TexaJ t<--aJJ1ily Code, has the authority to develop, maintain and support, through the children's ad\'ocacy center, an environment that emphasizes the best interests of abused and neglected children and that provides investigatory ano rchabilitatiyc services, and further, to enter into contracts to provide certain sen'ices to and support of the children of COU1\'TY who are the victims of child abuse and neglect, and FCRTHER, that COU,\TY has determined such acti\'ities serve valuable public purposes, and constitute county business, and WHEREAS, The Harbor Children's l\lIiance and Yictim Center, a Texas nonprofit corporation, hereinafter referred to as THE IIARBOR, is engaged in providing investi!-,>ations of child abuse and assisting the child \,ictims of abuse and neglect, along with their families, and desires to enter into such a contract for the provision of certain scn'iccs to '- and support of the children and adults of COUJ\''!Y who are \.icnms of physical/sexual abuse and neglect; said services being considered by both parties to this contract as fair consideration from THE HARBOR to COU;yn' in exchange for the funds transferred hereby. IT IS THEREFORE AGREED THAT: 1. Payment by County: In consideration that the services described below to the residents of COW\'TY, '!HE HARBOR shall be entitled to a sum not to exceed 528,500.00 per annum. Such amount shall be disbursed by COUJ\TTY to THE HARBOR after .January 1,2011, upon written request for TIlE II/IRBOR. 2. Insurance: The Count)' will require documentation of General Liability ltlsurance coverage, with adequate limits to be detcrmined individually, depending on exposure. 3. Services: THE HARIlOH shall prO\'ide sen'ices to the residents of COUN'/Y as follows: a. To provide the children and adults residing in COUJ','!Y and surrounding counties with a facility where children and adults who are the victims of sexual and/ or physical abuse and their non-offending family members can go for evaluation, intervention and counseling. b. To provide the agencies and professionals of COUNTY and surrounding counties who work with abused children with a forum where they can gatller and work together in assisting victims and their families. c. To pro,ride a resource center for training and education in the area of child abuse, domestic yiolencc and \"ictituization. d. To provide a warm, non-threatening eln~irontncnt in which the ,rictims of physical! sexual abuse and victimization and their families can work with law enforcement or protection scnrices in preparation for their court appearances. c. To provide a location where local and area law enforcement agencies and those assisting them may obtain evidence to be used to in\yestigate and prosecute those accused of child abuse, domestic \'iolence, family violence and neglect. 4. IRS Classification: THE HARBOR's Internal Re\'enue Sen'ice, non-profit classification is 501 (c) (3) and its IRS EIN is 74-257RG79 5. Most Recent Financial and Performance Reports: TIlE //A1U30H shall submit to COUNTY Auditor and COW\TY Judge each a copy of THE HARBOR s most current independent financial audit or end-of-ycar financial report of all expenditures and income for the period of THE HARBOR's fiscal year ending in calendar year 2010, within GO days of the appro\"al of this contract. THE HARBOR shall prO\'ide to COUN'IY Auditor and COUNTY.Judge cach a performance reyiew by which THE / IAHBOR gives details of sen'ices prO\'ided and clients seryed for the prc\'ious CO UND' fiscal year ending on December 31, 2010, on or before March 1,2011. 6. Prospective Financial and Performance Reports: THE HARBOR shall submit to COW\'7Y Auditor and COUND' Judge each a copy of TIlE IIARBOR j. independent financial audit or end-of-year financial report of all expenditures and income for the period of THE lLARBOJ{'s fiscal year ending in calendar year 2010, within thirty days following its receipt by THE HARBOR. THE llARBOR shall provide to CO(]j"TY Auditor and CO (]j',rnT .Judge each a performance review by which T1 IE HARBOR gives details of services prm'ided and clients served for Tl IE 1 l/IRBOR's fiscal year ending in calendar year 2010, by March 1,2011. 7. Term: The Term of this contract is to begin on .January 1,2011 and end on December 31, 2011, unless earlier terminated by either party on thirty days written notice. 8. Use of Funds: No moneys paid to "]] IE HARBOR shall be expended for any purpose other than for the provision of certain services to and support of the victims of COU2\'TI' who are victims of physical/sexual abuse and neglect; provides, however, that no exception of the person who shall conduct all of the child interviews and provide training to volunteers. 9. Books and Records: 1\1l books and records of THE HARBOR shall be open for inspection during normal business hours to any member of the public, the Calhoun County Auditor, and such persons as may be given that authority, in writing, by the Commissioners' Court, provided, however that this clause shall in no way be construed to override the provision of the I'ederal Privacy Act or other state or federal law or regulation concerning the disclosure of confidential or pri,'acy matters. 10. Non-Exclusion: This contract is not exclusive and COUl\'T"j' reserves the right to contract with additional parries for the provision of certain sctyiccs to and support of the ,-ictims of COUJ\TY who are victims of physical/sexual abuse and neglect in the area covered by this contract. 11. Effectivencss: This contract IS effective upon apprO\'al bv Order of the Calhoun County COll1missioocrs' Court. 12. Non-Discrimination: THE HARBOR agrccs to opcration under a policy of non-discrimination with regard to the provision of said services. Such policy shall prohibit discrimination on the basis of race, sex, age, religion, color, handicap. disability, national origin, language, political affiliation or belief or other non-merit factor. Any act of discrimination shall constitute a ll1aterial breach of this contract. 13. Sexual Harassment Prohibited: a policy that prohibits sexual harassment. material breach of this contract. l1~fE I IARBOR agrees to adopt and maintain .Any act of sexual harassment constitutes a 14. Applicable Laws: THE HARBOR agrees to comply with any and all applicable laws, local, state and federal, regarding work hours, safety. wages, social security benefits, and/ or workers compensation. This clause places a duty to meet the requirelnents of such laws only if the law itself places such a duty on "{"fiE II/IRBOR. Any act in violation of any of those laws or ordinances shall constinlte a material breach of this contract. 15. Default: a. In the e\"Cnt either party shall fail to keep, observe or perform any covenant, contract, term or proy-ision of this contract to be kept. observed or performed by such party, respectively, and such default shall continue for a period of ten days after notice thereof by the non-defaulting party to the other, then in any such event the non-defaulting party shall be entitled to terminate this contract. b.1\'o delay on the part of either party in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or pri,'ilege constitute such a waiver nor exhaust the same, which shall be continuing. 1\'0 notice to or demand on either party in any case shall entitle such party to any other or further notice Of demand in similar or other circumstances, or constitute a waiver of the rights of either party to any other or further action in any circumstances without notice or dClnand. 16. Successors and Assigns: This contract shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, legal representatives, successors and assigns; provided that TI IE HARBOR may not assign this contract without COUNTIns prior \vrittcn consent. 17. Governing Law: This contract shall be gm'erned by and construed and interpreted in accordance with the laws of the State of Texas and shall be enforceable in, and venue shall be in, Calhoun County, Texas. 18. Notices: Any notice Of communication hereunder 111USt be in writing, and may be givcn by registered or certified mail; if gi,'en by registered or certified mail, same shall be deemed to have been given and received when a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the L nited States mail; and if given otherwise than by registered mail, it shall be deemed by ha\"Cn been gi\"Cn when delivered to and recei,'ed by the part)' to whom it is addressed. Such notices or communications shall be given to the parties hereto at the addresses set forth below. Any party hereto may at any time by giving ten days writtcn notice to the other party hcreto designate any other address in substitution of the foregoing address to which such notice or communication shall be given. 19. Severability: I f any rerm, covenant or condition of this contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract or the application of such term. covenant or condition to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each tcrm, covenant or condition of this contract shall be valid and shall be enforced to the fullest extent permitted by law. 20. Relationship: The parties hereby agree that this is a contract for the administration of the Program and hereby rcnouncc the existence of any other relationship. In no event shall COUi\'TI' han any obligation or liability wharsoever with respect to any debts, obligations or liability of THE HARBOR, and TIlE 11/1RBOR shall have no authority to bind COUN"fY to any contract, matter or obligation. 1\'0 duties of COUNTI? are delegated to TIlE UARBOR by this contract and any prm'ision which is or may be held to be such a delegation shall be of no force or effecr. 21. Modification; Termination: This contracr may be amended, modified, rerminared or released only be wrirten instrument executed by COUl\ TY and TllE HARBOR, except as herein otherwise proyided. 22. Total Agreement: This contract is a total and complete integration of any and all undertakings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representation between them. The headings of the various paragraphs of this contract are for conycnience only, and shall not define, interpret, affect or prescribed the meaning and interpretation of the proyisions of this contract. CALHOUN COUNTY THE HARBOR CHILDREN'S ALLIANCE AND VICTIM CENTER i"- By: B,,_~.i ~Pf1 Date: _1 -'iJ- J~) \ Date: NOTICES COUNTY: THE HARBOR: Calhoun County Judge 211 S. Ann Street, Suite 301 Port Layaca, Texas 77979 President of the Board P.O. Box 1300 Port La\'aca, Texas 77979 CLERK'S CERTIFICATION 1, Anita Fricke, County Clerk of Calhoun County, Texas, certify that the aboye contract was accepted and agreed to by the Commissioners' Court of Calhoun County on 0\-::1."- II ?011 . , , - . BY\J;e~~ Date: jjl- ~ '1- \ I CHILD WELFARE ALLIANCE OF CALHOUN COUNTY, INC dba - THE HARBOR CHILDREN'S ALLIANCE & VICTIM CENTER FINANCIAL STATEMENTS FOR THE YEAR ENDED AUGUST 31, 2009 CHILD WELFARE ALLIANCE OF CALHOUN COUNTY INC dba THE HARBOR CHILDREN'S ALLIANCE & VICTIM CENTER FOR THE YEAR ENDED AUGUST 31, 2009 TABLE OF CONTENTS Page No. Independent Auditor's Report I Statement of Financial Position 2 Statement of Activities 3 Statement of Functional Expenses 4 Statement of Cash Flows 5 Notes to Financial Statements 6-12 Supplementary Report REPORT ON INTERNAL CONTROL OVER FINANCIAL 13-14 REPORTING AND ON COMPLIANCE AND OTHER MA TIERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAL A UDITING STANDARDS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PL'DLlC ACCOUNTM'TS MARGARET E. FISSELER CERTIFIED PUBLIC ACCOUNTANT 122 S. COMMERCIAL PO BOX 557 GOLlAD, TX 77963-0557 (361) 645-3286 or (361) 645-3705 - Fax (361) 645-3533 email: mfisseler_mefcpa@att.net MEMBER OF TEXAS SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS Independent Auditor's Report To the Board of Directors of Child Welfare Alliance of Calhoun County, Inc., dba - The Harbor Children's Alliance & Victim Center We have audited the accompanying statement of financial position of the Child Welfare Alliance of Calhoun County, Inc., dba - The Harbor Children's Alliance & Victim Center (a nonprofit organization) as of August 31, 2009, and the related statements of activities, functional expenses, and cash flows, for the year then ended. These fmancial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall fmancial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Child Welfare Alliance of Calhoun County, Inc., dba - The Harbor Children's Alliance & Victim Center as of August 31,2009, and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated January II, 2010, on our consideration of Child Welfare Alliance of Calhoun County, Inc., dba - The Harbor Children's Alliance & Victim Center's internal control over fmancial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. 'IJ/~ E.. J~41J1tA.. Goliad, Texas January 11,2010 -1- CHILD WELFARE ALLIANCE OF CALHOUN COUNTY, INC. d.b.a. -The Harbor Children's Alliance & Victim Center Statement of Financial Position For the Year Ended August 31,2009 ASSETS Current Assets Cash and cash equivalents Cash Investments Accounts Receivable Due from State Accrued Interest Prepaid expenses $ 33,351 17,064 4,104 32,711 43 12,734 100,007 Total Current Assets Fixed Assets Building (net) Land Furniture & Equipment (net) Total Fixed Assets 289,332 9,872 22,475 321,679 TOTAL ASSETS $ 421,686 LIABILITIES AND NET ASSETS Current Liabilities Accounts payable $ 4,488 Total Current Liabilities 4,488 NET ASSETS Unrestricted Temporarily Restricted Total Net Assets 414,974 2,224 417,198 TOTAL LIABILITIES AND NET ASSETS s 421,686 The accompanying notes are an integral part of these financial statements. -2- CHILD WELFARE ALLIANCE OF CALHOUN COUNTY, INC. d.b.a. - The Harbor Children's Alliance & Victim Center Statement of Activitics For Ycar Ended Angust 31, 2009 UNRESTRICTED NET ASSETS Temporarily Revenues Unrestricted Restricted Totals United Way $ 19,000 $ $ 19,000 Contributions 20,999 20,999 Child Advocacy Center 42,910 42,910 CAC-TX SwaIm 12,000 Calhoun County 28,500 28,500 Grants 15,000 15,000 Office of Attorney General - State 43,245 43,245 Office of Attorney General - Federal 29,191 29,191 National Children's Alliance 10,000 10,000 Fundraising 34,373 34,373 Interest 368 368 Miscellaneous 1,801 1,801 Net assets released from restrictions 21,776 (21,776) satisfied by payments Total support and revenue 267,163 (9,776) 257,387 EXPENSES Program services CAC-TX 38,319 38,319 CAC-TX SwaIm 9,776 9,776 Victim Advocacy 49,440 49,440 Child Welfare Programs 78,805 78,805 Total program services 176,340 176,340 Supporting services Management and general 68,829 68,829 Fundraising 20,258 20,258 Total supporting services 89,087 89,087 Total unrestricted expenses 265,427 265,427 INCREASE (DECREASE) IN NET ASSETS 1,736 (9,776) (8,040) NET ASSETS AT BEGINNING OF PERlOD As previously reported 413,088 12,000 425,088 Adjustment for the understatement of the Cash Account 150 150 BALANCE AT BEGINNING OF YEAR AS REST A TED 413,238 12,000 425,238 NET ASSETS AT END OF PERIOD $ 414,974 $ 2,224 $ 417,198 The accompanying notes are an integral part ofthese financial statements. -3- u z - . ... ,... :l .... 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CHILD WELFARE ALLIANCE OF CALHOUN COUNTY, INC. d.b.a. - The Harbor Children's Alliance & Victim Center Statement of Cash Flows For Year Ended August 31, 2009 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets $ (8,040) Adjustments to reconcile change in net assets to net cash provided by operating activities Depreciation 17,171 (Gain) Loss on disposal of equipment (net) 38 (Increase) Decrease in due from State (5,704) (Increase) Decrease in Accounts Receivable 2,976 (Increase) Decrease in prepaid expenses (l,430) (Increase) Decrease in accrued interest 71 Increase (Decrease) in operating liabilities Accounts payable (5,267) Accrued expenses Net cash provided (used) by operating activities (185) CASH FLOWS FROM INVESTING ACTIVITIES Purchase of Building and Improvements (20,930) Purchase of equipment and furniture & fixtures (2,664) Proceeds from the sale of investments Interest reinvested in long-term investments (380) Net cash used by investing activities (23,974) CASH FLOWS FROM FINANCING ACTIVITIES NET INCREASE (DECREASE) IN CASH (24,159) BEGINNING CASH AND CASH EQUIVALENTS AS 57,360 PREVIOUSLY REPORTED Adjustment for understatement of cash 150 BEGINNING CASH AND CASH EQUIVALENTS AS 57,510 RESTATED ENDING CASH AND CASH EQUIVALENTS $ 33,351 The accompanying notes are an integral part of these financial statements. -5- CHILD WELFARE ALLIANCE OF CALHOUN COUNTY, INC., dba - THE HARBOR CHILDREN'S ALLIANCE & VICTIM CENTER Notes to the Financial Statements For the Year Ended August 31, 2009 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Organization The Alliance is a nonprofit organization formed to provide a safe haven for child victims of sexual and physical abuse and assist in the protection, care, health and well-being of all children in Calhoun County, Texas by providing services for parents and/or children to alleviate the problems that lead to child abuse and neglect and by serving as an advocate for victims of abuse and neglect. Promises to Give Contributions are recognized at their fair value when the donor makes a promise to give to the Alliance that is, in substance, unconditional. Contributions that are restricted by the donor are reported as increases in unrestricted net assets if the restrictions expire in the fiscal year in which the contributions are recognized. All other donor-restricted contributions are reported as increases in temporarily or permanently restricted net assets depending on the nature of the restrictions. When a restriction expires, temporarily restricted net assets are reclassified to unrestricted net assets. The Alliance uses the allowance method to determine uncollectible unconditional promises receivable. The allowance is based on prior years' experience and management's analysis of specific promises made. Donated Services Child Welfare Alliance of Calhoun County, Inc., dba - The Harbor Children's Alliance & Victim Center, has received services from a substantial number of unpaid volunteers who have made significant contributions of their time to crisis intervention, shelter and counseling programs, fundraising events and administrative services. Child Welfare Alliance of Calhoun County, Inc., dba - The Harbor Children's Alliance & Victim Center, maintains records of volunteer hours and values these hours at rates established under various grant agreements. However, only donated services that meet the criteria for recognition under Statement of Financial Accounting Standards No. 116 are recorded on the fmancial statements. During the year ended August 31, 2009, the financial statements recorded no amount for hours of direct volunteer services, as it did not meet the criteria for recognition under generally accepted accounting principles. The estimated value of unreported volunteer services totaled $124,243.25, for 17,137 hours of service during the year ended August 31, 2009. -6- CHILD WELFARE ALLIANCE OF CALHOUN COUNTY, INC., dba - THE HARBOR CHILDREN'S ALLIANCE & VICTIM CENTER Notes to the Financial Statements (Continued) For the Year Ended August 31, 2009 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Use of Estimates Management uses estimates and assumptions in preparing financial statements. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities, and reported revenues and expenses. Accordingly, actual results could differ from those estimates. Basis of Accounting The accompanying financial statements have been prepared on the accrual basis of accounting and, accordingly reflect all significant receivables, payables, and other liabilities. Support and Revenue The Alliance receives its grant and contract support primarily from the United Way of Calhoun County, the Children's Advocacy Centers of Texas, Inc. (CAC-TX), the Office of the Attorney General and Calhoun County. Revenue from the United Way grant and Calhoun County is recognized as received. Revenue from the CAC-TX contract and the Office of the Attorney General is recognized when application is made for reimbursement. Property and Equipment Donations of property and equipment are recorded as support at their estimated fair value. Such donations are reported as unrestricted support unless the donor has restricted the donated asset to a specific purpose. Assets donated with explicit restrictions regarding their use and contributions of cash that must be used to acquire property and equipment are reported as restricted support. Absent donor stipulations regarding how long those donated assets must be maintained, the Alliance reports expirations of donor restrictions when the donated or acquired assets are placed in service as instructed by the donor. The Alliance reclassifies temporarily restricted net assets to unrestricted net assets at that time. The Alliance follows the practice of capitalizing expenditures with a value of more than $50 and a life expectancy of more than three years. Depreciation is computed on a straight-line basis over the useful lives of the assets generally as follows: Land Improvements Buildings and Improvements Computers and data handling equipment Equipment Furniture and Fixtures 20 Years 40 Years 5 Years 7 Years 7-10 Years -7- NOTE 1: CHILD WELFARE ALLIANCE OF CALHOUN COUNTY, INC., dba - THE HARBOR CHILDREN'S ALLIANCE & VICTIM CENTER Notes to Financial Statements (Continued) For the Year Ended August 31, 2009 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Financial Statement Presentation In 1995, the Alliance was required to adopt Statement of Financial Accounting Standards (SFAS) No. 117, Financial Statements of Not-for-Projit Organizations. Under SF AS No. 117, the Alliance is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. In addition, the Alliance is required to present a statement of cash flows. The Alliance has no permanently restricted net assets. Contributions The Alliance also was required to adopt SF AS No. 116, Accounting for Contributions Received and Contributions Made in 1995. In accordance with SFAS No. 116, contributions received are recorded as unrestricted, temporarily restricted, or permanently restricted support depending on the existence and/or nature of any donor restrictions. Cash and Cash Equivalents For purposes of the statement of cash flows, cash and cash equivalents are considered to be all unrestricted cash on hand, cash deposited with banks and certificates of deposit with maturities of90 days or less. Income Taxes The Alliance is currently exempt from income taxes under Section 50l(c)(3) of the Intemal Revenue Code. Thus, no provision for income taxes is included in these statements. The Internal Revenue Service has also determined that the Alliance is not a private foundation within the meaning of Section 509(a) of the Internal Revenue Code. There was no unrelated business income for the period. Credit Risk Child Welfare Alliance of Calhoun County, Inc., dba - The Harbor Children's Alliance & Victim Center maintains its cash in one financial institution. At August 31, 2009, the bank balance did not exceed the federally insured limits in the financial institution. There were no losses incurred during 2009. As of October 3, 2009 the FDIC limits were raised to $250,000 for all depository accounts. -8- CHILD WELFARE ALLIANCE OF CALHOUN COUNTY, INC., dba - THE HARBOR CHILDREN'S ALLIANCE & VICTIM CENTER Notes to Financial Statements (Continued) For the Year Ended August 31, 2009 NOTE 2: LAND, BmLDINGS AND EQmPMENT Land, buildings and equipment were as follows: August 31, 2009 Land Storage Building Building Furniture, fixtures and equipment $ 9,872 1,296 305,430 64.736 Total land, buildings and equipment 381,334 Less accumulated depreciation (59.655) Net land, buildings and equipment $ 321.679 Depreciation expense for the year ended totaled $17,171.00. NOTE 3: FUNCTIONAL ALLOCATION OF EXPENSES Directly identifiable expenses are charged to program, fundraising and administrative services. Expenses related to more than one function are charged to programs and supporting services on the basis of management's estimate of time and utilization. Administrative expenses include those expenses that are not directly identifiable with any other specific function but provide for the overall support and direction of the Alliance. -9- CHILD WELFARE ALLIANCE OF CALHOUN COUNTY, INC., dba - THE HARBOR CHILDREN'S ALLIANCE & VICTIM CENTER Notes to Financial Statements (Continued) For the Year Ended August 31, 2009 NOTE 4: NOTE 5: NOTE 6: SUMMARY OF GRANTS/CONTRACTS FUNDING The Alliance was primarily funded through the following grants and contracts for the period September I, 2008 to August 31, 2009: Funding Source United Way United Way CAC- TX CAC- TX - Swaim National CAC Office of Attorney General-State Office of Attorney General-Federal Calhoun County Grant Contract Period 04/01108 to 03/31109 04/01/09 to 03/31/10 09/01/08 to 08/31/09 09/01/08 to 08/31/09 01/01/09 to 12/31/09 09/01/08 to 08/31/09 09/01/08 to 08/31/09 01/01/09 to 12/31/09 Total Grants and Contracts ACCOUNTS RECEIVABLE Total Grant/ Contract 18,000 20,000 42,910 12,000 10,000 43,455 29,191 28,500 Recognized Support $ 9,000 10,000 42,910 12,000 10,000 43,245 29,191 28,500 $ 184.846 At year end the Organization's accounts receivable consisted of donations towards the fundraisers for a total of$4,104. DUE FROM STATE Due from State at August 31, 2009, consisted of Children's Advocacy Center of Texas, Office of Attorney General contract reimbursements, and National Children's Alliance. NCA CAC-TX OAG - State OAG - Federal Total Due from State $ 5,000 13,012 8,676 6.023 $32.711 -10- CHILD WELFARE ALLIANCE OF CALHOUN COUNTY, INC., dba - THE HARBOR CHILDREN'S ALLIANCE & VICTIM CENTER Notes to Financial Statements (Continued) For the Year Ended August 31, 2009 NOTE 7: COMPENSATED ABSENCES Employees are entitled to paid vacations, sick days and personal days off, depending on job classification, length of service, and other factors. It is impractical to estimate the amount of compensation for future absences, and accordingly, no liability has been recorded in the accompanying financial statements. The Organization recognizes the cost of compensated absences when paid. NOTE 8: CASH AND CASH EQUIVALENTS Cash includes amounts on deposit in a checking account and money market accounts as follows: Checking Money Markets Total Cash & Cash Equivalents $ 33,351 -O- S 33.351 NOTE 9: INVESTMENTS Investments consist of a certificate of deposit. Interest accrues at 0.50% per annum and is paid quarterly. The certificate of deposit matures October 29,2009. NOTE 10: TEMPORARILY RESTRICTED NET ASSETS As of August 31, 2009, temporarily restricted funds were comprised of the SwaIm Grant funds through the CAC- TX in the amount of $2,224.00. These funds are temporarily restricted for strategic planning. NOTE II: EMPLOYEE BENEFITS On February 25, 2005 the Alliance approved health care benefits for all employees, the Alliance agreed to pay 100% of the employee's children's health insurance coverage and 80% of the employee's health insurance premiums, and this also includes life insurance and IRA benefits. The total paid out by the entity was $9,921 for the year. -11- CHILD WELFARE ALLIANCE OF CALHOUN COUNTY, INC., dba - THE HARBOR CHILDREN'S ALLIANCE & VICTIM CENTER Notes to Financial Statements (Continued) For the Year Ended August 31, 2009 NOTE 12: CONCENTRATIONS In 2009 Child Welfare Alliance of Calhoun County, Inc., dba - The Harbor Children's Alliance & Victim Center received approximately 49% of its funding from The Texas Department of Criminal Justice and Office of Attorney General. In 2008 the funding was approximately 45%. Continued funding is contingent on the economic stability in Texas and the entire country. It is conceivable that one or more funding sources could decrease drastically in the near term. NOTE 13: ADJUSTMENT FOR THE UNDERSTATEMENT OF THE CASH ACCOUNT A check in the prior year for program assistance was voided out after the close of the year. An adjustment was made to the cash account for the current year ended. -12- SUPPLEMENTARY REPORT MEMBER OF AMERICAN msTlTUTE OF CERTIFIED PUBLIC ACCOUNT M'TS MARGARET E. FISSELER CERTIFIED PUBLIC ACCOUNTANT 122 S. COMMERCIAL PO BOX 557 GOLIAD, TX 77963-0557 (361) 645-3286 or (361) 645-3705 - Fax (361) 645-3533 email: mfisselermefcoa(Ql.att.net hIE.\mER OF TEXAS SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANICIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAL AUDITING STANDARDS To the Board of Directors of Child Welfare Alliance of Calhoun County, Inc., dba - The Harbor Children's Alliance & Victim Center We have audited the financial statements of Child Welfare AIliance of Calhoun County, Inc., dba - The Harbor Children's Alliance & Victim Center (a nonprofit organization) as of and for the year ended August 31, 2009, and have issued our report thereon dated January 11,2010. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to fmancial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered Child Welfare Alliance of Calhoun County, Inc., dba - The Harbor Children's AIliance & Victim Center's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Child Welfare Alliance of Calhoun County, Inc., dba - The Harbor Children's Alliance & Victim Center's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the organization's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles, such that there is more than a remote likelihood that a misstatement of the organization's financial statements that is more than inconsequential will not be prevented or detected by the organization's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the organization's internal control. -13- REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MA TIERS BASED ON AN AUDIT OF FINAN1CIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAL A UDITING STANDARDS (Continued) Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. Compliance and Other Matters As part of obtaining reasonable assurance about whether Child Welfare Alliance of Calhoun County, Inc., dba - The Harbor Children's Alliance & Victim Center's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 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No. SM-874349 SM-867130 37055 DECLARATIONS - PROFESSIONAL LIABILITY INSURANCE POLICY FOR SPECIFIED MEDICAL PROFESSIONS Claims Made Coverage: The coverage afforded by this policy is limited to liability for only those Claims that are first made against the Insured duling the Policy Peliod or the Extended Reporting Peliod, if exercised, and reported in wliting to the Company pursuant to the terms herein. Notice: This is a duty to defend policy. Addrtionally, this policy contains provisions that reduce the limrts of Iiabilrty stated in the policy by the costs of legal defense and permit legal defense costs to be applied against the deductible, unless the policy is amended by endorsement. Please read the policy carefully. 1. NAMED INSURED: CHILD WELFARE ALLIANCE OF CALHOUN CO. DBA: THE HARBOR CHILDREN'S ALLIANCE & ViCTIM CENTER 2. BUSINESS ADDRESS: 215 W. RAILROAD STREET PORT LAVACA, TX 77979 3. POLICY PERIOD: From August 22, 2010 to August 22, 2011 12:01 A.M. Standard Time at address of Insured stated above. 4. PROFESSIONAL SERVICES: Clisis intervention information and referral services 5. LIMITS OF LIABILITY: Each Claim: $ 500,000 Policy Aggregate: $ 500,000 6. DEDUCTIBLE: Each Claim: $ 1,000 7. RETROACTIVE DATE: August 22, 2001 8. RATE: Flat PREMIUM BASE: Flat 9. PREMIUM FOR POLICY PERIOD: Minimum Deposrt $ $ 4,350.00 4,350.00 10. PREMIUM FOR EXTENDED REPORTING PERIOD: 150% for 12 months; 175% for 24 months; or 200% for 36 months 11. The Insured is not a proplietor, supelintendent, executive officer, director, partner, trustee or employee of any hosprtal, sanrtalium, clinic wrth bed-and-board facilrties, laboratory, or any business enterplise not named in Item 1. hereinabove, except as follows: None P:=ln,:. 1 @ COMMERCIAL LINES POLICY COMMON POLICY DECLARA T/ONS TEXAS FARM BUREAU UNDERWRITERS 7420 FISH POND RD . WACO TX 7e710-1010 MAILING ADDRESS: PO BOX 2689 . WACO TX 76702.2689 POLlCY,NUMBER, 874920L Page 1 of 2 HelPl'>ijY""'.I'O'N'Y\I~UOUSl WWW.txfb-ins.com POLICY PERIOD: FROM: 08 -28 - 20 1 0 TO: 08 - 28 - 20 11 AT 12:01 A.M., STANDARD TIME AT YOUR MAILING ADDRESS SHOWN BELOW 029 029 18910 NAMED INSURED AND MAILING ADDRESS CHILD WELFARE ALLIANCE OF CALHOUN CO/DBA THE HARBOR PO BOX 1300 PORT LAVACA TX 77979 IBUSINESS DESCRIPTION OFFICES IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Total Provisional Premium PREMIUM $ NOT COVERED $ NOT COVERED $ NOT COVERED $ 298 $ NOT COVERED $ 957 $ NOT COVERED $ NOT COVERED $ NOT COVERED $ NOT COVERED $ NOT COVERED $ 1, 255 BOILER AND MACHINERY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABiLITY COVERAGE PART PROFESSiONAL LIABILITY COVERAGE PART FORMS APPLICABLE TO ALL COVERAGE PARTS (SHOW NUMBERS): IL0003 (11-1985); IL0017 (11-1998); IL0021 (11-1985); IL0275 (06-1995) ASDisnmimt ~f thill puliGY ~hall nut be valla eJu;~pt Wllh lhe written consent of the Company. Includes copyrighted material of Insurance Services Office, Inc., with its permission. IL OS 00 (04-1998) Copyright. Insurance Services Office, Inc., 1998 '29 18910 4CGJ . HelpjngYoulsWl;,tW,DoBesl WWw.ixfb-;n~.com COMMERCIAL PROPERTY COVERAGE PART DECLARA TlONS PAGE TEXAS FARM BUREAU UNDERWRITERS 7420 FISH POND RD . WACO TX 76710-1010 MAILING ADD~~ii: PO BOX J.99 . WACO T)( 70702-20B9 POUCY:::NUMBER 874920L Page 2 of 2 o ~X~cl0,SR~-i:~~~~~T:irACHED POLICY PERIOD: FROM: 08-28-2010 TO: 08-28-2011 AT 12:01 A.M., STANDARD TIME AT YOUR MAILING ADDRESS SHOWN BELOW 029 029 18910 NAMED INSURED AND MAILING ADDRESS CHILD WELFARE ALLIANCE OF CALHOUN CO/DBA THE HARBOR PO BOX 1300 PORT LAVACA TX 77979 DESCRIPTION OF PREMISES SLOG ITEM NO NO LOCATION 1 1 215 W RAILROAD ST, PORT LAVACA 1 2 1 3 CONSTRUCTION OCCUPANCY FRAME FRAME FRAME OFFICES CONTENTS IN ITEM 1 GLASS COVERAGES PROVIDED INSURANCE AT THE DESCRIBED PREMISES APPLIES ONLY FOR COVERAGES FOR WHICH A LIMIT OF INSURANCE IS SHOWN. BLDG. ITEM COVERED CAUSES NO NO COVERAGE WMT OF INSURANCE OF lOSS I 1 BUILDING $ 300,000 BROAD I 2 PERSONAL PROPERTY $ 30,000 SPECIAL 1 3 GLASS COINSURANCE 80% 80% 0% $ $ $ PREMIUM 666 235 56 OPTIONAL COVERAGES APPLICABLE ONLY WHEN ENTRIES ARE MADE IN THE SCHEDULE BELOW. ,lDG ITEM AGREED VALUE '40 NO EXPIRATION DATE COVERAGE ITOTAL POLICY LIMIT OF INSURANCE $ 330,000 I I TOTAL POLICY PREMIUM $ 957 1 1 1 1 2 3 BUILDING PERSONAL PROPERTY GLASS ~IF EXTRA EXPENSE COVERAGE, LIMITS ON LOSS PAYMENT. >HONTHlY >EXTENDED AMOUNT REPLACEMENT COST ~~S~~N~~Y ~~:1~SUSF ~~~~~~I~~ (Fraetion) INDEHNITY (Days) 300,000 30,000 YES YES YES $ $ \'I0RTGAGE HOLDERS ILDG. NO ITEM NO. MORTGAGE HOLDER NAME AND MAILING ADDRESS BLDG NO ITEM NO "APPLIES TO BUSINESS INCOME ONLY MORTGAGE HOLDER NAME AND MAILING ADDRESS LOG NO !TEM NO MORTGAGE HOLDER NAME AND MAILING ADDRESS BLDG NO ITEM NO MORTGAGE HOLDER NAME AND MAILING ADDRESS IEDUCTIBLE SEE CP0320 (10-1990) ORMS APPLICABLE J All COVERAGES: CP0090 (07-1988); IL0003 (11-1985); :> SPECIFIC PREMISES/COVERAGES: .DG ITEM :>. NO COVERAGES I 1 BUILDING CPI057 (07-1992) MULTIPLE DEDUCTIBLE FORM SCHEDULE CPOl42 (12-1992); CP0202 (02-1996); CP1272 (12-1998); IL0017 (llcJ998);_IL0021 (11-1985) FORM NUMBER CP0010 (10-1991); CPI020 (10-1991); CP0320 (10-1990); I 2 PERSONAL PROPERTY CPI057 (07-1992) CPOOIO (10-1991); CPI030 (10-1 91); CP0320 (10-1990); 3 GLASS CPOOl6 (10-1991); CP0204 (05-1999); CP0320 ClO-1990); CPI057 (07-1992); CPI915 (07-1988); CP0156 (05-1998) -.-........-...-...--..-.....-..........--....-..-...........-.--...-- '9 18910 4CGJ Assignment of this policy shall not be valid except with the written consent of the Company. n-,_....._...... n DEPOSIT $3,744.10 FROM THE SALE OF RECYCLABLE METAL INTO PRECINCT #2, 2011 ROAD AND BRIDGE ACCOUNT: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to deposit $3,744.10 from the sale of recyclable metal into Precinct #2, 2011 Road and Bridge Account. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY PRECINCT 2 Texas Port Recycling Victoria Facility 3105 Odem 51. Victoria, TX 77901 (361) 560-2341 GROSS TARE NET ADJ PAID "T VEHICLE ID 512DO 35580 15620 0 15620 "HT DUMP ") u. Q,\>t!l IVI.I\ .i - (fk'l -J' ul_ ft I( i)~( ~ Date: 01/05/11 Check No: 64003386 TICKET~ SHP DATE COMMODITY TEJFMO 01/05/11 Shreddable " & '2 PRICE UH FRT EXT TOTAL AMT 10.2500 C" 0.00 1601.05 ----------------------------------------------------------------------------------------------------------------------------------- SUPPLIER CALHa' TOTALS (Pounds): 15620 o 15620 TOTAL AMOUNT DUE SUPPLIER: S 1601.05 CALHOUN COUNTY PRECINCT 2 Texas Port Recycling Victoria Facility 3105 Odem 51. Victoria, TX 77901 (361) 560-2341 GROSS T ARE NET 49940 35800 14140 Date: 01/07/11 Check No: 64003391 TICKET' SHP DATE COMMODITY TEJZ~F 01/07/11 Shreddable '1 & #2 ADJ PAID ~T VEHICLE 10 o 14140 CALHOUN PRICE UM FRT EXT TOTAL AMY 9.7500 C" 0.00 1378.65 ----------------------------------------------------------------------------------------------------------------------------------- SUPPLIER CALH01 TOTALS (Pounds): 14140 o 14140 TOTAL AMOUNT DUE SUPPLIER: S 1378.65 co~~ CALHOUN COUNTY PRECINCT 2 Texas Port Recycling Victoria Facility 3105 Odem St. Victoria. TX 77901 (361) 560-2341 .) J \r /U\6I'> ~ R\I..~- t::"iWt - ~...(- Alt CUfl\, Date: 01/0611 1 Check No: 64003387 PRICE UM FRT EXT TOTAL AMT 9.7500 C" 0.00 764.40 TICKET' SHP DATE COMMODITY TEJOSV 01/06/11 Shreddable ~1 & ~2 SUPPLIER CALH01 TOTALS (Pounds): GROSS TARE 31120 23280 HET 7840 ADJ PAID ~T VEHICLE ID o 7840 CALHOUN CO 7840 o 7840 TOTAL AMOUNT DUe SUPPLIER: S 764.40 COpy , REQUEST BY ROAD AND BRIDGE PRECINCT #3 TO OPEN A CREDIT ACCOUNT WITH DOGGETT HEAVY MACHINERY FOR PARTS AND SERVICE AND AUTHORIZE COMMISSIONER PRECINCT #3 TO SIGN: A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to approve the request by to open a credit account for all Road and Bridge Precincts with Doggett Heavy Machinery for parts and service and authorize Commissioner Fritsch to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. PRELIMINARY PLAT FOR PORT ALTO WEST MARINA SUBDIVISION: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve the preiiminary Plat for Port Alto West Marina Subdivision. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. REQUEST BY ROAD AND BRIDGE PREINCT #3 TO OPEN A CREDIT ACCOUNT WITH HOLT CO. OF TEXAS FOR PARTS AND SERVICE AND AUTHORIZE COMMISSIONER PRECINCT #3 TO SIGN: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to approve the request to open a credit account for all Road and Bridge Precincts with Holt Co. of Texas for parts and service and authorize Commissioner Fritsch to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. RESOLUTION REGARDING UNFUNDED MANDATES: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to approve the Resolution Regarding Unfunded Mandates. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. County of Calhoun State of Texas Resolution WHEREAS, Calhoun County is responsible for the operation and management of many and various governmental programs as required or authorized by state law; and WHEREAS, many state officials appropriately oppose unfunded mandates scnt do\'..n to stales from the federal government; and WHEREAS, the state of Texas, acting through the Texas Legislature or through a state agency or executive order, enacts laws or promulgates rules that have the effect of imposing mandatory financial obligations upon Texas counties in the same manner that federal mandates obligate the state; and WHEREAS, such unfunded or underfunded mandates disproportionately burden local property taxpayers with paying for state programs. resulting in local tax increases and/or cutbacks in local programs; and \VHEREAS, Rep. Burt Solomons has filed HJR 56 in the 82nd Legislature, a constitutional amendment that would "restrict the power of the Legislature to mandate requirements upon certain local governments," including counties, cities, hospital districts, community college districts, and special districts created by those entities; and WHEREAS, HJR 56 states that "no bill enacted by the Legislature on or after Jan. 1,2012 requiring a local government to establish, expand or modify a duty or activity that requires the expenditure ofrevenue by the local government shall be effective until and unless the Legislature appropriates or otherwise provides for the payment or reimbursement, from a source other than the revenue of the local government, of the costs incurred for the biennium by the local government in complying with the requirement;" NOW, THEREFORE, the County of Calhoun does hereby resolve that it is in the best interests of Texas counties and their taxpayers to support and favor the passage ofHJR 56, as \vell as encouraging all members of the Texas House of Representatives to co-sponsor HJR 56. ADOPTED THE 27" DA Y OF .January, 2011. !Utu./ojtf____ Michaelt'pt j; Calhoun County Judge o Vern Lyssy, Commlssi er Precinct No.2 ~dw,;l~~ cnneth Fmster, COmlTIlSSlOner Precinct No. .:I. NAME SUSAN RILEY IN THE COUNTY JUDGE'S OFFICE AS RECORDS MANAGEMENT OFFICER FOR NON-ELECTED OFFICIALS FOR THE PURPOSE OF RECORDS CONTROL SCHEDULES WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to name Susan Riley in the County Judge's Office as Records Management Officer for Non-Elected Officials for the purpose of Records Control Schedules with The Texas State Library and Archives Commission. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor, ORDER RECORDS MANAGEMENT OFFICER For NON-ELECTED OFFICIALS WHEREAS, In 1995 Calhoun County Commissioners' Court Adopted a Records Control Schedule according to Local Government Code 9203.041; and WHEREAS, This Records Control Schedule as filed with the Texas State Library State and Local Records Management Division sets out Retention periods for records of Calhoun County; and WHEREAS, and Elected Officials were named as their own Records Management Officer; WHEREAS, An Order appointing the Administrative Assistant to the County Judge as the Records Management Officer for the Maintenance and Administration of the Records Control Schedule for Non-Elected Officials, as well as for the County Judge, is needed and that Order is to be sent to the Texas State Library. NOW THEREFORE, it is hereby Ordered by the Calhoun County Commissioners' Court that Susan Riley, Administrative Assistant to Calhoun County Judge Michael J. Pfeifer is hereby appointed Records Management Officer for Non-Elected Officials and for the Office of the County Judge. Adopted this the 27'h day of January, 2011. I1iJf~ ichael . P e" Calhoun County udge Vern Lyssy, Commi Precinct No.2 enneth Finster, Commissioner Precinct No.4 COUNTY REPORTS: The Tax Assessor/Collector and the Extension Service presented their monthly reports for the month of December 2010 and after reading and verifying same, a Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to accept said reports as presented. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. . SUMMARY TAX A55E550R.COLLECTOR'5 MONTHLY REPORT FOR: DECEMBER 2010 COLLECTIONS DISBURSEMENTS Title Certificate Fees '" $ 8,008.00 Title Fees Paid TXODl $ 4,953.00 Title Fees Paid County Treasurer Salary Fund $ 3,OS5.00 Motor Vehicle Registration Collections $ 108,829.58 Disabled Person Fees $ 60.00 Postage $ 122.00 FD ADDITIONAL COLLECTIONS $ 2.00 FD Fees In Excess of Collections Paid TXDOT $ 102,969.32 Paid TXOOI SP $ 866.33 Paid County Treasurer $ Paid County Treasurer Salary Fund $ 5,108.0S DMV CCARDTRNSFEE $ 269.88 $ FD Additonal Collections $ 2.00 $ First Dala (IBC) Credit/Debit Card Fee's $ 118.78 FQ Fees In Excess of Collections $ 153.08 Motor Vehicle Sales & Use Tax Collections $ 473,155.80 Paid Slate Treasurer $ 473,155.80 Special Road/Bridge Fees Collected $ 15,600.00 Paid TXDOT - RIB Fees $ 15,132.00 Paid County Treasurer - RIB Fees $ 468.00 Texas Parks & Wildlife Collections $ 2,645.00 FO ADDITIONAL COLLECTIONS $ 0.92 FD Fees In Excess of Collections $ 0.72 Paid Texas Palil.s & Wildlife $ 2,380.50 Paid County Treasurer Salary Fund $ 264.50 FD Additonal Collections $ 0.92 FD Fees In Excess of Collections $ 0.72 State Beer & Wine Collections Month of DECEMBER $ 1,03S.00 State Beer & Wine Collections $ Paid Tx Alcoholic Beverage Commission $ 1,388.50 Paid County Treasurer, Salary Fund $ 23.50 County Beer & Wine Collections $ Paid County Treasurer, County Beer & Wine $ 281.25 Paid County Treasurer, Salary Fund $ 13.75 Renewal Fees for County Beer & Wine $ Paid County Treasurer - Renewal Fet $ Additional Postage. Vehicle Registration $ 21.00 Paid County Treasurer - Additional Postage $ 21.00 Interest earned on P&W $ 9A9 and $ 9.49 Refund s Accounts Paid County Treasurer. 11'11. on paw & Ref $ 9.49 Interest earned on Office Account $ 335.07 Paid county Treasurer - Nav. East $ 1.15 Paid County Treasurer. all other districts $ 333.92 Business Personal Property - Misc. Fees $ 741.69 Paid County Treasurer $ 741.69 EXCESS FUNDS $ 15,839.71 Paid County Treasurer $ 15,839.71 Overpayments $ 191.58 Current Tax Collections $ 1,371,210.65 Penalty and Interest - Current Roll $ Discount for early payment of taxes $ 14,985.14 Delinquent Tax Collections $ 28,623.83 Penalty & Interest - Delinquent Roll $ 7,642.93 Discount for early payment of taxes $ $ Collections for Delinquent Tax Attorney $ 5,326.18 Advance - FM & l Taxes $ Advance - County AdValorem Taxes $ 1,201,293.28 Paid County Treasurer - Nav, East $ 5,121.91 Paid County Treasurer - all other Districts $ 186,268.66 Paid County Treasurer - DefinQ Tax Arty Fee $ 5,326.18 Payment in Lieu of Taxes Paid County Treasurer - Navig East Paid County Treasurer - All other Districts Boat/Motor Sales & Use Tax Collections Paid State Treasurer Paid County Treasurer, Salary Fund Special Farmers Fees Collected Paid State Treasurer, Farmers Fees Hot Check Collection Charges Paid County Treasurers, Hot Check Charge Overage on Collection/Assessing Fees Paid County Treasurer, overage refunded Escheats Paid County Treasurer.-escheals TOTAL COLLECTIONS $ BAL FORWARD NOVEMBER 2010 STATE/COUNTY BEER ANO WINE COLL'S S BA.L FORWARD DECEMBER 2010 STATE/COUNTY BEER AND WINE COLL'S $ TOTAl COLlECTIONSJINClUOING CHANGE IN BEER ANO WINE BALANCE FORWARO S TOTAL DISBURSEMENTS TOTAL OF ABOVE RECEIPTS PAID TO STATE AND COUNTY N~) dIJJ____ , GLORIA A. OCHOA Tax Ass8ssor-Collector $ $ $ $ 10,352.84 $ 9,835.20 $ 517.84 50.00 $ 50.00 15.00 $ 15.00 $ $ 2,049,818.95 650.00 $ $ $ $ 2,050,468.95 2,050,468.95 $ 2,050,468.95 MICHAEL J. PFEIFER County Judge ~EXTENSION Texas A&M System Calhoun County Extension Office Decembet' 2010 Report to Commissioner's Court Improving Lives. Improving Tnas. December 2: Puddle Ducks in Port Lavaca Christmas Parade Rhonda was joined by members of the Lakeside 4H Club. Our Lady of the Gulf Catholic School, and Jack LaBarge of the Seadrift Sail and Yacht Club in the Port Lavaca Christmas Parade. Jack's sailboat was the "mother duck" and three puddle duck racers followed her down Virginia Street. The MARINER ONE and LAKESIDE DUCK were both build this year by youth with the help of various adult volunteers. The project involves hands-on application of mathematical concepts and several other problem-solving skills. Thc parade was a nice way to show off the vessels to local residents. December 6-7 - Texas Plant I'rotection Conference Chance attended the Annual Conference in College Station. TX. The conference continually provides material that is instrumental in helping agents' better assist their producers. There were several presentations which had a direct relation to issues in the county such as "Weed Resistance Management", "Soybean Planting Dates", and "The use of Flutriafol to manage Cotton Root Rot" December 8: 2"d Annual Extension Office Holiday Open House Forty-seven interested stakeholders joined Chance, Rhonda, and Katherine at the second annual Extension Open House. The two hour. come and go evcnt was enjoyed by all, as the agents and citizens ate and visitcd about a wide variety of topics. The knot demonstration boards made by Jack LaBarge and Rhonda were a big hit with thc families. He's pictured here helping Theresa Dent, while hcr daughters. Katherine and Erin, as well as Mrs. Karen Lyssy and her daughter Natalie also December 14 - Row Crop Meeting The Calhoun County Row Crop Committee held their end of the year meeting to review the year's program. Projects that were reviewed were variety tests, deep soil fertility, and cotton root rot. There were also preliminary discussions on ideas for next year's programming efforts. J)ecember 14 - Program review with Regional Program I>irector Chance met with Dr. Monty Dozier to review the past year. During thc mecting they discussed things that could be improved upon and also things that need to bc continucd because of their benefit. December 20 - 4-H Christmas Party The Calhoun County 4-H Council hosted their Annual Christmas Party. The members who attended brought canncd goods that were taken to the local food pantry. Also. thcy made Christmas Cards that were taken to thc Calhoun County Nursing home. They then enjoyed playing various gamcs including a "Dance-Oft". and Karaokc. Extension programs serve people of all ages regardless ofsocio-economic level, race, color, sex, religion, disability, or national origin. The Texas A&M University System, U.S. Department of Agriculture, and the County Commissioners Courts of Texas Cooperating. Calhoun County Extension Office December 2010 Report to Commissioner's Court December 21: 2nd Trade Adjustment Assistance Oricntation Workshop Sea Grant Seafood Specialist Mike Haby returned to present a second orientation meeting for Shrimp producers who were approved by the Farm Service Agency. The Trade Adjustment Assistance program is for eligible producers from 2008 due to an imbalance in import prices. This second meeting had thirteen individuals in attendance and was a last chance opportunity for them to maintain their eligibility for the program. The first meeting on November 30th had 44 people attending. UPCOMING EVENTS January 3: Guest speaker for All Around 4H Club January 5: Fishcrics tour in Frecport hosted by Gary Graham ,January 10: Gucst speakcr for 6-Mile 4H Club .January 15: Tcxas Sea Grant booth at Houston Boat Show ,January 19: AgriLifc Pcrformanee Rcview January 26-28: Texas Aquaculture Association Confcrence in Bay City 2 Calhoun County Extension Office December 2010 Report to Commissioner's Court CALHOUN COUNTY EXTENSION OFFICE TRAVEl REPORT TO COMMISSIONER'S COURT DECEMBER 2010 Lodging Other Other Date Travel Description. Miles Meals (Usted) (Cost) 12/1/2010 Port Lovaeo - CEA-CMR-PV 4.3 1212/2010 Port Lovaeo - CEA-CMR-PV 5.1 12/3/2010 Port Lovaeo - CEA-CMR-PV 10.6 121612010 Port Lovaeo, Six Mile - CEA-CMR-PV 17.1 121612010 Texas PJant Protection Conterence-College Station, Texas - eEA - AGNR - PV 459.0 12/712010 Port Lavoca - CEA-CMR-PV 5.8 12/8/2010 Port Lovaeo - CEA-CMR-PV 6.7 12/9/2010 Port LovoCQ - CEA-CMR-PV 7.5 12/10/2010 Port Lovaeo . CEA-CMR-PV 3.2 12/14/2010 Point. Comfort. Indianala, Magnolia Beach - CEA-CMR-PV 40.8 12/15/2010 Powderhorn for Kayaks & Port lavaca Site Visits - CEA-CMR-CT 34.3 1211512010 Site Visits - eEA - AGNR - PV 53.0 12/16/2010 Port Alto, Olivia, Perry R. 8ass, Trail Foundation - CEA-CMR-PV 43.8 12/2012010 Port lavaea - CEA-CMR-PV 9.' 12/21/2010 Port lovaeo - CEA-CMR-PV 14.7 12122/2010 Seadrift, Port lavaca, Magnolia Beach - CEA-CMR-PV 58.8 12/27/2010 Port lavaca, ANWR - CEA-CMR-PV 68.4 12/28/2010 Port lavaca, Port O'Connor - CEA-CMR-PV 54.3 12/29/2010 Port Leveee - CEA-CMR-PV 13.8 TOTAL 910.6 50.00 50.00 - 50.00 . CT - denotes use of county vehicle; PV - denotes use of personal vehicle; CP - denotes agent carpooled to event CEA-FCS - denotes Bethany Bowman; CEA-CMR denotes Rhonda Cummins I hereby certify that thiS IS ~rue and correct report of travel (mileage) and other expenses Incurred by me 10 performance of my offiCIal dutIes for the month 5~rJct1J Viil --' // - 4 !/ Chance Crossland Rhonda Cummins, M.M.R. County Extension Agent Coastal & Marine Resources , ., APPROVAL OF PAYROLL: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve the payroll dated December 10, 2010 in the amount of $220,947.08, December 22, 2010 in the amount of $225,767.78 and Payrolls on terminations December 31, 2010 in the amount of $2,500.72. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY PAYROLL 2010 MONTH / DECEMBER Payroll dated 12-10-10 $ 220,947.08 Payroll dated 12-22-10 $ 225,767.78 Payrolls on terminations 12-31-10 $ 2,500.72 I APPROVED TOTAL PAYROLL $ 449,215.58 The items listed above have been pre-approved b e ent Heads and I certify that funds are available to pay the obligations. I certify that t e above is true nd correct to the knowledge this the~ day of JGtnu.oJ1 ,2011. ~EJ?vrED AND APPROVED THIS THE .~rili DAY OF ~ (I XI ,2010 IN THE CALHOUN COUNTY COMMI lONERS' COURT, PORT LA V ACA, TEXAS 77979. ACCOUNTS ALLOWED - COUNTY: Claims totaling $347,533.31 for 2010 and claims totaling $749,161.74 for 2011 were presented by the County Treasurer and after reading and verifying same; a Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - MEMORIAL MEDICAL CENTER: Claims totaling $2,000,533.48 were presented by the County Treasurer and after reading and verifying same; a Motion was made by Commissioner Fritsch seconded by Commissioner Lyssy that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - INDIGENT HEALTHCARE: Claims totaling $121,430.45 were presented by the County Treasurer and after reading and verifying same; a Motion was made by Commissioner Fritsch seconded by Commissioner Lyssy that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor DECLARE SKYWALKER EMWIN WEATHER SYSTEM, INVENTORY NO. 406-0107 IN THE OFFICE OF EMERGENCY MANAGEMENT AS SALVAGE AND REMOVE FROM INVENTORY: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to declare Skywalker Emwin Weather System, Inventory No. 406-0107 in the Office of Emergency Management as salvage and remove from Inventory. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Calhoun County, Texas SURPLUS/SALVAGE DECLARATION REQUEST FORM Department Name: ~~tt ~e.f'rQ.Yl\- Requested By: Lo... 'LDnf'j:A.. \ri~~h Reason for Surplus/Salvage Declaration DECLARE SIX MILE COMMUNITY VOLUNTEER FIRE DEPARTMENT PAGERS AS SURPLUS AND ACCEPT AN OFFER TO SELL SAME TO JACKSON COUNTY VOLUNTEER EMERGENCY COMMUNICATION SERVICES: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to declare Six Mile Community Volunteer Fire Department Pagers as surplus and accept an offer to sell same to Jackson County Volunteer Emergency Communication Services. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge pfeifer all voted in favor. Calhoun County, Texas SURPLUS/SALVAGE DECLARATION REQUEST FORM Department NameSi'K. ftJ..ik. VOLwtk lite. ~. Requested By: ~al-1'l(.fa. Ka.It~etJ Inventory Reason for SurplustSalvage .' Wfii,"rnV-lI_ ,U ,/J, DJ'" glj ~ ~q -:APT /':~ ,;lj 8JJIi lCiii J -/~IJ 0444 LLf/_ )( vr-. n ~ rr :;. ui.. B PoT : ii~ rii. ' IF-. t:) ~q/. illS' f:: ') '."~'/y. '" ~lI(p X lib a.-':J · 7n .<:.!i: 'fIIr7 I\J01: I}!;C r'l ~ T--n- JACKSON COUNTY VOLUNTEER EMERGENCY COMMUNICATION SERVICES EDNA TEXAS 77957 1-13-2011 To Michael Valajka: The Jackson County Volunteer Emergency Communication Services is requesting your un used Motorola pagers. The pagers will be used for parts for the pagers we now have in service. We agree to pay the Six Mile Community Volunteer fire department $1.00 for the box of pagers. Thank you, ~a~ Charles Reckaway Communication director 405 Dennis Street Edna, Texas 77957 361-782-8185 BUDGET ADJUSTMENTS: A Motion was made by Commissioner Fritsch and seconded by Judge Pfeifer to approve the following Budget Adjustments for 2010 and 2011. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. GENERAL DISCUSSION: Judge pfeifer said the Hospital Board will be presenting a business plan in the next couple of weeks to Commissioners' Court. Court adjourned at 10:40 am o '"" o N Iii: . 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