2002-12-12
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Thereupon the following proceedings were had:
Commissioner Galvan gave the Invocation and Commissioner
Finster led the Pledge of Allegiance.
EXECUTIVE SESSION - CONSULT WITII ATI'ORNEY - TAX
ASSESSOR-COLLECTOR POSITION
The Court bein$ in open session in compliance with the
pertinent provksion of Section 551 of the Vernon's Texas
Code Annotated, Govern Code, the County Judge, as
presiding officer, publicly announced at 10:02 A.M. that a
closed session would now be held under the provision of
Sections 551,071 and 551,074 of the Texas Government Code
for private consultation between the governing body and
its attorney when the governing body seeks the attorney's
advice regarding resignation of Tax Assessor-Collector,
appointment process and possible appointment.
The County Judge further publicly announced that before
any final action, decision or vote is made regarding the
subject matter of said closed session, this meeting will
be reopened to the public.
The Court then went into closed session. At the end of
the closed session the meeting was reopened to the public
at 10:43 A.M.
Judge Marshall stated the Court had consulted with its
attorney concerning the position of County Tax
Assessor-Collector being vacant at the first of the year.
A special session regarding this matter was scheduled for
Tuesday, December 17, 2002 at which time the Court will
visit with Gloria Ochoa and Dora Garcia in a closed
session. Judge Marshall requested that they submit
resumes for review.
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Dr. Gloria Gonzales, sister of Dora Garica, spoke on her
behalf, highlightin$ her accomplishments at the tax office
for 23-24 years, bekng chief deputy for the last seventeen
years. She also stated Dora's service to the community
and recommendation by current tax assessor, Annette Baker.
She read from the Texas Association of Counties 2001
Edition regarding duties of a chief deputy and she
appealed to the Court for their consideration of Dora
Garcia who is a Democrat.
Lupe Gutierrez spoke as a representative of Hispanic
organizations, Lulac, American GI Forum and
Mexican-American Political Action Committee in support of
Gloria Ochoa.
Evelyn Burleson read a Resolution from the Democartic Club
in support of Gloria Ochoa.
No action was taken by the Court.
HOLIDAY PAY REOUESTED BY TAMMY HERNANDEZ
Tammy Hernandez, accompanied by attorney, Charles Hood,
requested that she be paid for four and a half days
holiday pay as she is still a county employee. The
County Aud1tor cited the employee manual and the Fair
Labor Standard and Medical Leave Act. He said Ms.
Hernandez has no ~ay due for sick leave and her vacation
is used up. Commkssioner Balajka requested an opinion
from Tom Pollan, attorney, Mr. Pollan will review the
employee manual and send opinion by December 30, 2002,
Judge Marshall recalled that Ms. Hernandez requested
reimbursement for milage for prior years. The Court
disucssed this matter and Tammy said she would sign the
purchase order which was not signed when previously
submitted to the Auditor.
The matter of holiday pay was set for hearing an December
30, 2002. The County Auditor will be the contact person
for Mr. Pollan regarding the vacation/holiday pay issue.
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CALHOUN COUNTY EXTENSION AGRICULTURE AGENT - POSITION
FILLED
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Mr. Darrell Dromgools with the Extension Service
distributed the resume of Zan Matthies, Jr., applicant for
Calhoun County Extension Service A$ricultural Agent and
highly recommended him for the posltion
A Motion was made by Commissioner Finster and seconded by
Commissioner Balajka to accept Zan Matthies, Jr. to fill
the Calhoun County Extension Agent positon effective
January 6, 2003 at current salary and travel.
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor.
Richard ParriSh also gave his support for the selection of
Me Matthies.
BIDS AND PROPOSALS - MATAGORDA ISLAND LIGHTHOUSE
RESTORATION SERVICES
Judge Marshall said the check from the grant for the
Matagorda Island Lighthouse restoration project in the
amount of $130,000 will be processed so matching funds
will be in the County's account by December 30, 2002.
A Motion was made by Commissioner Finster and seconded by
Commissioner Galvan that Rexco, Inc. be recognized as the
low bidder for the construction in the Matagorda Island
Lighthouse Restoration project. Commissioners Galvan,
Balajka, Floyd, Finster and Judge Marshall all voted in
favor,
In discussion, Commissioner Floyd expressed concern that
the uncommitted amount is small for this size project; he
suggested taking out some options to ensure funds are
there for the project.
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ENGINEERING AND TECHNICAL S&IlVICZI
December 5, 2002
Arlene Marshall, Calhoun County Judge
H. Floyd, Commissioner, Precinct 1
Michael Balajka, Commissioner, Precinct 2
Roger Galvan., Commissioner, Precinct 3
Kenneth Finster, Commissioner, Precinct 4
Adolph Novosad, Texas Department of Transportation
Re: Matagorda Lighthouse Restoration
Project. STP 2000 (642) TE
The public bid opening for the subject project was held as advertised on December 5.
2002 at 10:00 A.M. at the Calhoun County Courthouse,
The bid tabulation sheet is attached. Four bids were received and the apparent low bidder
is REXCO, Inc. with a bid of SI,001,150.10. This appears to be within the available
funds for construction.
We are in the process of evaluating bids and vviIl present a recommendation to
Commissioner's Court on December 12, 2002.
A copy of each of the four bid proposals is attached for your information. If you have any
questions, please call me and I vvill be happy to meet vvith you.
Sincerely,
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Byron Cumberl:md, P .E.
Ptesident
BLe/ad
Attadunents:
Bid Tabulation
Bid Proposals (4)
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BID TABULATION
CALHOUN COUNTY
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
MAT AGORDA LIGHTHOUSE RESTORATION
PROJECT STP 2000 (642) TE
10:00 A.M. December 5, 2002
Bid Exceptions Qualification Acknowledged Bid Bid
Bidder's Name Form Statement Addendum #1 Security Amount
Hunt Contractors Ltd.. Edna TX " - 0/ ./ Bond ~1. 4:2.<-4 /00.00
J&S Contractors Inc. - Brazoria TX ..; flo r.! > v ./ P-, 011 (1 .1, B,q" '730.00
Lomas Construction - San Antonio TX .; - ./ v 50.,<1 ~i, 121, orlo.oo
./ et:t"h;(y'S .1,001)15""0./0
REXCO, Inc. - Port Lavaca, TX v' - v' C;h<cJ(,.
Signed:
~c~
Calhoun County
Testengeer, Inc.
Ic-~/
Signed: ;J"}
N:IProposals/Matagorda Lighthouse
12/5102
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MEMORIAL MEDICAL CENTER - EMERGENCY MEDCIAL SERVICES
SUBSIDY
Buzz Currier, Hospital Administrator, submitted the
financial spread sheet of Memorial Medical Center and
requested Emergency Medical Services subsidy in the amount
of $46,208.61, After discussion, Commissioner Floyd
requested this matter be reset for December 30, 2002.
EMERGRNCV MEDCIAL SERVICES - IN'I'ERI.oCAL AGREEMRN'l' WITII
MEMORIAL MEDICAL CENTER
Henry Barber, EMS Director, stated he had been authorized
by the Court to negotiate a contract with Memorial Medical
Center for ambulance services. The hospital board has
approved the contract contingent on approval by the Court.
A Motion was made by Commissioner Finster and seconded by
Commissioner Floyd to approve the Interlocal Agreement
between Memorial Medical Center and Emergency Medical
Serv~ce~ and authorize the.County Judge to s~gn.
Comm~ss~oners Galvan, Bala)ka, Floyd, Finster and Judge
Marshal all voted in favor.
BETWEEN
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RECEIVED - EMS
~ o)3~OOC
I NATURE DATE
AGREEMENT FOR AMBULANCE SERVICES
MEMORIAL MEDICAL CENTER
Mill
CALHOUN COUNTY EMERGENCY MEDICAL SERVICES
THIS AGREEMENT, made and entered into by and between the following MEMORIAL MEDICAL CENTER (hereinafter
referred to as "FACILITY") and CALHOUN COUNTY EMERGENCY MEDICAL SERVICES. (hereinafter referred to as
"PROVIDER"), provides as follows:
WHEREAS, FACILITY desires to maximize efficiency and service levels for medical transportation and has conducted an analysis of
its medical transportation needs. Through this analysis, FACILITY has detennined that such needs will best be met through a
preferred coordinated medical transportation system agreement with the PROVIDER; and
WHEREAS, PROVIDER is in the business of providing medical and ambulance transportation and advanced life support professional
services; and
WHEREAS, FACILITY and PROVIDER recognize that the ground ambulance transportation needs of FACILITY will be evolving
and therefore, it is not possible to defme all of the terms of the specific services required by FACILITY, which may be provided by
the PROVIDER. The parties desire at this time to defme the transportation services to be provided by PROVIDER and to establish
mechanisms under which PROVIDER may provide future services to FACILITY related to ambulance transportation services,
including services to be developed through prioritization of pre-planned, scheduled, emergent and non.emergent ambulance calls
initiated by FACILITY. The parties intend that if the future services outlined in this AGREEMENT are expanded, the parties will
execute addenda, further defming the services to be provided; and
WHEREAS, FACILITY and PROVIDER desire to enter into a long-term, agreement under which FACILITY and PROVIDER will
jointly develop and PROVIDER will operate and/or coordinate a turn-key coordinated medical transportation system to serve all of
FACILITY'S ambulance transportation needs utilizing existing reimbursement sources which maximizes the benefits ofa coordinated
network; and
NOW, THEREFORE, FACILITY and PROVIDER do hereby agree as follows:
1. SERVICES AND RESPONSIBILITIES OF PROVIDER
FACILITY has selected PROVIDER as its "preferred provider of medical transportation" services within the primary
service area as defined by Section VIII below, through an analysis of the quality of ground ambulance transportation services
that PROVIDER provides. Accordingly, during the term of this AGREEMENT and extensions hereto, PROVIDER agrees
as follows:
A.
Services Provided
PROVIDER agre~s to provide appropriate ambulance transportation and related services to FACILITY in
accordance with the terms of this AGREEMENT and all addenda hereto. Requests by FACILITY for services
which originate and lor terminate outside the bOUl1l.1aries of the primary service area as defmed in Ser:tion VIII
below may by referred by proviGer to another licensed ground or air ambulance provider after appropriate
coordination with and approved by Facilitj.
(In this circumstance, PROVIDER will not be liable to the alternative ambulance provider for the payment of any
charges, fees or professional service charges rendered ill association with such transport.)
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B. Emergency and Non Emergency lines
Provider agrees to provide and maintain a telephone number for FACILITY to access PROVIDER for all
FACILITY ambulance transportation requests covered by this AGREEMENT. This number is intended as a public
number. PROVIDER will provide sufficient telephone lines and communication technicians to assure prompt
answering of all incoming calls from FACILITY. PROVIDER'S telecommunication personnel will coordinate the
required transportation services.
PROVIDER will provide a lis1ing of emergency numbers, non.emergency numbers and pager numbers that can be
utilized to contact the PROVIDER 24 hours per day seven days a week.
C. Inter-facility Ambulance Transportation Services
Provider will provide inter-facility ambulance transportation services and such other ambulance ground
transportation services at 1he'request of the FACILITY. Inter.facility ambulance transportation services shall be
defmed as ground ambulance transports originating at FACILITY and other facilities as FACILITY and
PROVIDER may mutually agree upon in writing. Inter.facility transportation services ordered by FACILITY shall
be ordered through the Emergency and Non Emergency lines described in the preceding paragraph. Compensation
rates for each facility shall be listed in ADDENDUM A below.
D.
Applicable Standards
PROVIDER agrees in the performance of the services, to be bound by, and comply with, (i) by 1he bylaws, policies,
rules and regulations of FACILITY and the medical staff ofthe FACILITY facilities, as each may be amended from
time to time (provided that such amendments do not materially increase PROVIDER's obligation hereunder or
materially affect the [mancial or economic interests hereunder of PROVIDER), and (ii) the standards, rules and
regulations of the United States Department of Health and Human Services (hereinafter referred to as "HHS"), the
Texas Department of Health, the Joint Commission on the Accreditation of Health care Organizations (hereinafter
referred to as "JCAHO"), Medicare, Medicaid, and any other federal, state or local governmental agency or third-
party payor, exercising authority with respect to, accrediting or providing reimbursement for FACILITY.
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E. Etiquette
PROVIDER, through its employees, shall treat all FACILITY staff and employees with proper respect, courtesy and
professionalism. PROVIDER's employee's conduct shall at all times be appropriate and conductive to effective
patient care and consistent with prevailing norms recognized and accepted throughout the community.
F. Licensure
PROVIDER covenants, represents and warrants to FACILITY that: (i) it and its employees are, as appropriate, duly
licensed, certified, registered and in good standing under the laws of the State of Texas and the county(s) outlined in
Section VIII below to provide the services under this AGREEMENT, and agrees that they shall retain such
licensure, certilica1ion, registration and good slanding status during the term of this AGREEMENT; (ii) each
ambulance vehicle shall be registered and licensed according to state and local rules, regulations and laws; and (iii)
each ambulance vehicle shall be staffed with certified and/or licensed personnel in accordance with state and local
rules and regulations.
G.
Experience and Training
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PROVIDER represents and W1rrants to FACILITY that its employees are professionally trained in emergency
medical1echnician practice and will, during the term of this AGREEMENT, take all actions necessary to maintain
such training.
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H. Training
Provider agrees to conduct an in-house training program for field employees that significantly supplements the
training that they received in their EMT training co~rses that meets or exceeds TDH standards.
I.
Vehicle Maintenance
PROVIDER agrees that its fleet will be well maintained and response ready to provide services under this
AGREEMENT.
J, Access to Records
Provider shall maintain a medical record, known as a "Patient Care Report," for each patient receiving services
under this AGREEMENT. Said medical record shall be in such form and containing such information as required
by the laws, ruled and regulations of the State ofTexas and JACHO.
K. Good Faith
PROVIDER agrees to act in good faith at all time in performing its obligations and implementing the provisions of
this AGREEMENT, including negotiating alternate reimbursement practices and the terms of any addenda.
L. Services Excluded
Transports of a distance greater than ISO miles
II. RESPONSIBILITIES OF FACILITY
During the term of this Agreement and extensions hereto, FACILITY agrees as follows:
A.
Promotion of AGREEMENT
F ACIL TIY will conduct an internal and promotional campaign to educate its medical staff members, employees and
others making arrangements for ambulance transportation about the general terms of this AGREEMENT, including
periodic updates and reminder notices. Specifically, FACILITY will use its best efforts to ensure that employees
who requests ambulance transportation services are informed of and utilize the Emergency and Non Emergency
lines and have been made aware ofthe preferred nature of this AGREEMENT.
B.
Promotion to Medical Staff Members
FACILITY and FACILTIY'S medical staff members, including physicians providing services under managed care
arrangements, are accountable under Federal COBRA regulations for the selection of an appropriate medical
transportation provider. FACILITY shall communicate in a reasonable manner the general terms of this
AGREEMENT to said medical staff members.
C. Access to records
FACILITY shall provide necessary records and information about patients to PROVIDER to facilitate the provision
of appropriate services and data collection. This information shall include the provision of a face sheet if available
and substantially complete at the time of PROVIDER'S services hereunder, on each patient transported at the time
the transport is initiated. When face sheets are not available or are not subs1antially complete at such time,
FACILITY shall designate a liaison who will be responsible for obtaining and forwarding face sheets for the
PROVIDER upon request.
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The parties herein mutually agree that in the event that FACILITY'S billing procedures and/or files will allow
PROVIDERS access to the patient database in such manner that is acceptable to both the FACILITY and
PROVIDER.
D. Good Faith
FACILITY agrees to act in good faith at all times in perfonning its obligations and implementing the provisions of
this AGREEMENT, including negotiating alternate reimbursement practices and the terms of any addenda.
E. Patient Tracking
FACILITY agrees to provide reasonable assistance to PROVIDER in the completion of PROVIDER'S authorization
or utilization fonns, as appropriate, and to provide access to face sheets n accordance with Section II(D) above.
III. INSURANCE
PROVIDER shall, at no cost to or expense to FACILITY, carry a policy or policies of professional liability insurance,
comprehensive general insurance, and medical malpractice insurance issued by an insurance carrier.
IV. COMPENSATION
A.
Except as provided for in this AGREEMENT, neither FACILITY nor PROVIDER shall charge the other for
services prnvider pursuant to this AGREEMENT, without mutual assent.
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B. The rate schedule in ADDENDUM A herein shall represent PROVIDER'S full compensation for services provided
under this AGREEMENT. Such charges must, at all times, comply with applicable. laws, rules and regulations.
V, TERMINATION OR AMENDMENT AS THE RESULT OF GOVERNMENTAL REGULATIONS
FACILITY and PROVIDER shall each have the right to tenninate or unilaterally amend this AGREEMENT, without
liability, in order to comply with any order issued by any federal or state department, agency or commission, or any provision
of law or of the JCAHO.or other accreditation organization which invalidat~s or is inconsistent with the terms of this
AGREEMENT or which would cause one of the parties to be in violation oflaw. In the event FACILITY or PROVIDER is
required to amend this AGREEMENT pursuant to this Section and the amendment is unacceptable to the other party, such
party may choose 10 tenninate this AGREEMENT immediately without liability.
VI. Term
A. Tenn and Tennination
Subject to each party's right of termination as set fo~ in ~t\rrs~h and below, this AGREEMENT
sha)l.Wor,{I~", ~"'}" year commencmg at mlllmght 0 and tennmatmg at mldmght
on~ (hereinafter referred to as "INIT L TERM").
1. FACILITY or PROVIDER may mutually agree to tenninate this AGREEMENT in writing, with or without
cause upon 30 days written notice; or
2.
Except as provided for elsewhere in this AGREEMENT, with cause by either party upon default by the
other party of any material term, covenan1 or condition of this AGREEMENT, where such default
continues for a period of (30) days after the defaulting party receives written notice thereof from the other
party specifying the existence of default: or
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3 Immediately if PROVIDER fails to maintain licensure as required in Section I, Paragraph G (ii) or (iii)
herein. or fails to maintain insurance as required in Section III herein.
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B.
Re-negotiation
During the sixty (60) day period of prior to the end of the INITIAL TERM or any RENEWAL TERM, this
AGREEMENT shall be subject to the review by the parties. During this 60.day period, the pariies agree to use their
best efforts to meet together at mutually agreeable tlines to review and if appropriate to re.negotiate the terms of this
AGREEMENT. If the parties agree to modify this AGREEMENT, such modifications shall be in writing and
executed in accordance with Section XVII here of.
VII. FORCE MAJEURE
Provider shall be excused from performance under this AGREEMENT if for any period PROVIDER is prevented from
performing any obligations pursuant hereto, in whole or in part, as a result of an Act of God, war, civil disturbance,
catastrophe, court order, labor dispute or cause beyond its reasonable control, including shortages or fluctuations in electrical
power, heat, light, air conditioning or fuel shortages, and such non-performance shall not be a ground for termination or
default.
PROVIDER will use its reasonable efforts under such circumstance to ensure that alternate services be made available should
any of these conditions arise. In the event PROVIDER caIUlot obtain alternate services, FACILITY may exercise its right to
contract temporarily with another service until PROVIDER is once again able to meet the needs of FACILITY.
VIII, AREAS OF SEVICE
PROVIDER will provide the services described herein to FACILITY anywhere within Calhoun and adjacent surrounding
Counties and any other areas within the State of Texas up to 150 miles, as mutually agreed upon by both parties hereto.
IX.
INDEPENDENT CONTRACTOR
The relationship between the parties shall at all times be that of an independent contractors. No provision of this
AGREE1v1ENT is intended to, or shall be construed to, render one party an agent, employee, servant, or partner of the other.
Neither party shall represent to any third party or entity that is authorized to enter into any contract for or on behalf of1he
other party. N:either party shall execute any contract for or on the behalf ofthe other, nor attempt to bind the other to any
obligation, without the other party's written consent. FACILITY and PROVIDER shall not combine their business
operations in any way, but instead shall maintain their operations as separate and distinct entities.
PROVIDER'S employees shall not have any claim under this AGREEMENT or otherwise FACILITY for vacation pay, sick
leave, retirement benefits, Social Security, worker's compensations, disability or unemployment insurance benefits of any
kind. PROVIDER'S employees shall not be entitled to any rights or privileges established for employees of FACILITY, such
as vacation, sick leave, paid holidays, or severance pay upon termination of this AGREEMENT.
FACILITY shall neither have nor exercise any control or direction over the method by which PROVIDER performs its work
or functions; the sole interest and responsibility of FACILITY is to assure that their services contemplated by this
AGREEMENT will be performed in accordance with the terms hereof.
X. SUCCESSORS AND ASSIGNS
FACILITY and PROVIDER shall have the right to assign this AGREEMENT and to delegate all rights, duties and
obligations hereunder, whether in whole or part, to any parent, affiliate, successor or subsidiary organization or company of
FACILITY or PROVIDER only with consent of other party, which consent shall not be unreasonably withheld. Subject to
the foregoing, this AGREEMENT shall be binding upon the parties hereto and their successors and assigns.
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XI. PREFERRED STATUS
FACILITY and PROVIDER agree and acknowledge that in order for PROVIDER to PROVIDE the most timely, efficient
and responsive inter-facility ambulance transportation services, and for PROVIDER and FACILITY to provide the safest and
most efficient care, that the inter-facility ambulance transportation services under this AGREEMENT shall be on the
preferred basis as set forth here in. Except as set for herein, the inter-facility ambulance transportation services provided by
PROVIDER hereunder are provided on a preferred basis and FACILITY agrees not to contract with any other companies,
organiza1ions or agencies for such services during the term of this AGREEMENT. This preferred status shall not apply if
this patient, the patient's guardian, third party payor, or the attending physician requests another ambulance service.
XII. FIRST RIGHT OF REFUSAL
In the event FACILITY desires to evaluate or implement developing a system for critical care ground transportation services,
wheelchair transportation service. or other programs relating to ambulance ground transportation services, then FACILITY
shall give PROVIDER written notice of such desire. Following such notice, FACILITY and PROVIDER agree to negotiate
for a period 000 days, on a preferred basis, for PROVIDER to perform such services for FACILITY and its patients.
XID. NOTICES
Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent certified or
registered mail or by hand delivery to the parties at the addresses set forth below or to such address which a party may
designate by notice.
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PROVIDER:
Calhoun County
Emergency Medical Services
216 E. Mahan Street
Port Lavaca, Texas 77979
FACILITY:
Memorial Medical Center
815 N. Virginia Street
Port Lavaca, Texas 77979
Either party may change its address to which notices are sent by a notice similarly sent.
XIV. SEVERABILITY
In the event that any part, term of provision of this AGREEMENT is, by any arbitrator or court of competent jurisdiction,
held to be illegal, unconscionable, in conflict with any law of state where enforcement of this AGREEMENT is sought, or
any public policy thereof, the validity of the remaining portion or provisions shall be construed and enforced as if the '
AGREEMENT did not contain the particular part, telm or provision to be invalid.
XV, CONTROLLING LAW
The interpretation and enforcement of this AGREEMENT shail be consis1ent with the laws of the Stale of Texas. In addition,
the parties agree that if any legal action is commenced for enforcement of any term of provision of, or arising under or related
to, this AGREEMENT, said action shall be preferably commenced on the state or federal courts located within the State of
Texas, and the parties consent to the jurisdiction and venue of such courts.
XVI.
MODIFICATION
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This AGREEMENT constitutes the entire understanding of the parties hereto and no changes, amendments, or alterations
shall be effective unless signed by both parties. That is, any increase or decrease in services must be mutually agreed upon in
writing.
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XVII, HOLD HARMLESS CLAUSE
Each party to this AGREEMENT shall defend, hold harmless and indemnify the other party and its conunissioners,
managers, affiliates, shareholders, directors, trustees, officers, employees, and agents against all claims demands, suits
judgments, expenses and costs of any and all kinds arising as a result of damages or injuries caused through the performance
or failure of performance of this AGREEMENT by said PartY.
XVIII. COMPLETE AGREEMENT
This AGREEMENT contains the complete AGREEMENT concerning the subject matler ofthis AGREEMENT between the
parties and shall as of the effective date hereof, supersede all agreements between the parties pertaining to the same subject
matter.
The parties stipulate that neither of them has made any representation with respect to the subject matter of this
AGREEMENT, except as set forth herein. The parties further acknowledge that any statement or representation that may
have heretofore been made by either party to the other is of no effect, and that neither ofthern has relied thereon on
connection with its dealings with the other.
XIX, EXECUTION OF ADDITIONAL INSTRUMENTS
Each party shaII at any time, and from time to time, at the other's request execute, acknowledge and deliver any reasonable
instruction, instrument or acknowledgment that may be necessary or proper to cany out the provision 5 and intent of this
AGREEMENT.
XX. WAIVER AND SURVIVAL
XXI.
XXII.
The failure of either party to insist upon strict compliance by the other with respect to any of the terms and conditions of this
AGREEMENT shall not be construed as a waiver, nor shall such course afaction deprive such party of the right thereafter to
require strict adherence to the terms and provisions of this AGREEMENT.
NON.DISCLOSURE
FACILITY and PROVIDER agree to treat the pricing contained within this AGREEMENT as CONFIDENTIAL
iNFORMATION and as PROVIDER'S CONFIDENTIAL iNFORMATION pursuant to the provisions of Section XXIIi.
CONFIDENTIALITY
PROVIDER acknowledges that in connection with entering into this AGREEMENT and the services provided by
PROVIDER pursuant to it, it will be acquiring and making use of confidential infonnation and trade secrets (hereinafter
referred to as the "CONFIDENTIAL iNFORMATION") ofF ACILITY, which include, but are not limited 10, management
reports, marketing studies, marketing plans, fmancial statements, internal memoranda, reports, patient lists and other material
or records of confidential information. PROVIDER agrees that it will not, after the date hereof, and for so long as any such
CONFIDENTIAL iNFORMATION may remain confidential, secret or otherwise wholly or partially, use such information
except in connection with the performance of the duties pursuant to this AGREEMENT. .
PROVIDER will not use or divulge the CONFIDENTIAL INFORMATION to any 1hird party, unless: (i) FACILITY
consents in writing to such use or divulgence; (ii) PROVIDER is under legal obligation to disclose such CONFIDENTIAL
INFORMATION; or (iii) such CONFIDENTIAL INFORMATION becomes available to the public by a reason other 1han a
PROVIDER'S breach ofthis Section.
PROVIDER acknowledges that a breach of this section would result in irreparable damage to FACILITY, and, without
limiting other remedies which may exist for a breach ofthis Section, PROVIDER agrees that this Section hereof may be
enforced by temporary restraining order, temporary injunction, or following a trial on the merits. PROVIDER hereby waives
the claim or defense that an adequate remedy at law for such a breach exists. The covenants contained in this Section shall
survive any termination of this AGREEMENT for two years.
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FACILITY acknowledges that in connection with entering into this AGREEMENT and the services provided by PROVIDER
pursuant 10 i~ it will be acquiring and making use of confidential infonnation and trade secrets (hereinafter referred to as the
"PROVIDER'S CONFIDENTIAL INFORMATION") which include, but are not limited to, management reports, marketing
studies, marketing plans, financial statements, internal memoranda, reports, patient lists and other material or records of
confidential infonnation. FACILITY agrees that it will not, after the date hereof, and for so long as any such PROVIDER'S
CONFIDENTIAL INFORMATION may remain confidential; secret or otherwise wholly or partially, use such infonnation
except in connection with the perfonnance of the duties pursuant to this AGREEMENT.
FACILITY will not use or divulge the PROVIDER'S CONFIDENTIAL INFORMATION to any third party, unless: (i)
PROVIDER consents in writing to such use or divulgence; (ii) FACILITY is under legal obligation to disclose such
PROVIDER'S CONFIDENTIAL INFORMATION; or (iii) such PROVIDER'S CONFIDENTIAL INFORMATION
becomes available to the public by a reasOn other than a PROVIDER'S breach of this Section.
FACILITY acknowledges that a breach of this section would result in irreparable damage to PROVIDER, and, without
limiting other remedies which may exist for a breach of this Section, FACILITY agrees that this Section hereof may be
enforced by temporary restraining order, temporary injunction, or following a trial On the merits. FACILITY hereby waives
the claim or defense that an adequate remedy at law for such a breach exists. The Covenants contained in this Section shall
survive any 1ennination of this AGREEMENT for two years.
XXIII. NO INFLUENCE ON REFERRALS
It is not the intent of either the FACILITY or PROVIDER of this AGREEMENT that any remuneration, benefit or privilege
provided for under this AGREEMENT shall influence or in any way be based on the referral or recommended referral by
either party or patients to the other party or its affiliated providers, if any, or the purchasing, leasing, or ordering of any
services other that specific services described in this AGREEMENT. Any payments specified in this AGREEMENT are
consistent with what the parties reasonably believe to be fair market value for the services provided.
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XXIV, THIRD PARTY BENEFICIARY
The parties to this AGREEMENT do not intend to confer any benefits hereunder n any person or other legal entity other that
the parties hereto, including without limitation any patients of PROVIDER or FACILITY, and no third.party beneficiary
rights are in1ended to beereated hereby.
XXV. NAME OR TRADEMARK
Nothing contained herein shall confer upon either party hereto a license to use, or ownership of (i) the name of the other party
hereto or any name under which a party operates, or (ii) any trade name, service mark or trademark owned by such party.
XXVL THIRD PARTY PAYOR CONTRACTS
PROVIDER will cooperate with FACILITY with respect to all programs established between FACILITY and health
maintenance organizations, exclusive pro~ider organizations and other managed care programs.
xxvn, NOTICE OF LITIGATION
PROVIDER and FACILITY shall promptly notify the other in the event that any party learns of any threatened or actual
litigation in which i1 is a party defendant in a case which involves serviced provided under this AGREEMENT. Within five
(5) calendar days after being served with a summons,.complaint or other pleading which has been filed in any federal or state
court or with any administrative or regulatory agency or after receiving notice of threatened litigation, the party so served or
n01ified shan deliver copies of such document(s) to the other party.
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XXvrn,HEADINGS AND CAPTIONS
The headings and captions used in this AGREEMENT arc for the convenience of reference only, and to not for a part of this
AGREEMENT.
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XIX.
BINDING EFFECT
The panies agree that this AGREEMENT shall not be binding upon either pany unless and un1il it is executed by an
authorized representative of each party. FACILITY and PROVIDER represent that their representative signatory, whose
signature appears below, has been and is, as of the date fIrst written above, duly authorized by all necessary, appropriate and
applicable corporate legal action to execute this agreement: '.
XXIX. AGREEMENT READ AND UNDERSTOOD
The panies hereto have read and understand this entire instrument and acknowledge that they both have had competent legal
counsel available to them in their review and execution of said AGREEMENT.
IN WITNESS WHEREOF, the panies hereto have executed this AGREEMENT Effective
D';)J \C\ \ ad- ,ZUUL
By:
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Date:
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PROVIDER
By:4tJhu/l ;;,~
Title: ~M~
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RECEIVED - EMS
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ADDENDUM A
COMPENSATON SCHEDULE AND BILLING PRACTICES
I. A. Provider will bill its customary rates pursuant to this AGREEMENT.
B. Where patients have third party coverage, inclorling Medicare, Medicaid, and private insurance, PROVIDER
will bill said insurance and accept as payments in full the amounts allowed by said third party coverage. In such
cases, patients will only be billed for:
(a) their co.insurance and deductible as determined by their third party coverage or where mandated by
federal or local government: and
(b) any services which said third party insurer determines are not covered by the termS of the patient's
policy.
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C. Where patients have no third party coverage, PROVIDER will bill the patients directly.
D. FACILITY will only be responsible for ambulance services which:
(a) are pre.approved and authorized by FACILITY (a request for ambulance transport by a hospital
employee, wilI be considered as pre.approved and authorized by the FACILITY)
(b) where FACILITY is legally responsible
(c) where transport is requested by the FACILITY because patient has no other means of transportation
II. For Ground Transports that are the legal responsibility of the FACILITY. the FACILITY will pay:
Transports within the Calhoun and Surrounding Counties from one (1) through one hundred fifty
150 miles:
Current Rate Contract Rate
BLS Non.emergency Sase Rate: 270.00 189.00
BLS Emergency Base Rate: 432.00 303,00
ALS I Non. Emergency Sase Rate: 324.00 117.00
ALS I Emergency Sase Rate: 513.00 359.00
ALS II Emergency Sase Rate: 742.00 519.00
Mileage per Loaded Mile: 7.50 W e
This payment schedule will be all inclusive of supplies and equipment and accepted as payment in full for any and
all transports that are the legal responsibility of the FACILITY or 1hird party. Payment shall be received as defmed
in section N. It is understood that these patients shan meet the existing Medicare guidelines for medical necessity
for ambulance transportation and have the Certification of Medical Necessity completed for Provider. It is also
understood, that for all non--emergency ambulance services where Medicaid is the primary payor, a Prior
Authorization number will be obtained by the FACILITY.
III. PROVIDER guarantees tha11he above contracted rates shall be effective for the duration this AGREEMENT.
Thereafter, the rates shall be evaluated upon renewal of said AGREEMENT.
IV. PROVIDER shall submit invoices to FACILITY on a per call basis for the services provided under the
AGREEMENT.
RMRRGENCY MEDICAL SERVICES - RECOMMENDATIONS BY ALEXANDER
BILLING RELATED TO COLLECTON OF BAD DEBTS
Henry Barber, EMS Director, requested the Court to
determine the best method of handling the collection of
bad debts. The County Auditor said the Cou~t ~ay only
determine if debts are uncollectable. Commlssloner Galvan
suggested Mr. Barber submit a list periodically to the
Court for review and determination.
Commissioner Finster discussed indigent cases and ~ersons
in charge of this ruling at the hospital. Mr. Comlskey
said these are bills that have already been sent but not
paid. Mr. Barber said he had one bill which ~oul~ be
handled as a charity case and needed a determlnatlon.
A Motion was made by Commissioner Balajka and second~d by
Commissioner Galvan that Henry Barber, Emergency Medlcal
Services Director, bring to Commissioners' Court on a
quarterly basis information from Alexander Billing.
regarding the collection of bad debts a~d EMS serv~ces.
Commissioners Galvan, Baljaka, Floyd, Flnster and Judge
Marshall all voted in favor.
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A Motion was made by Commissioner Finster and seconded by
Commissioner Floyd to accept the recommendaton of
Alexander Billing that the bill which Mr. Barber mentioned
previously be a bad debt for EMS services. Commissioners
Galvan, Balajka, Floyd, Finster and Judge Marshall all
voted in favor.
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OODGE SEDAN AT ,TUVENII.E PROBATION DEPARTMENT -
SURPLUS / SALVAGE
A Motion was made by Commissioner Finster and seconded by
Commissioner Galvan to declare a 1992 Dodge Spirit 4-door
sedan, GVW 2791 (Serial No. iB3XA461NF235002) as
surplus/salvage and remove from the Juvenile Probation
Department inventory. Commissioners Galvan, Balajka,
Floyd, Finster and Judge Marshall all voted in favor.
ADDITIONAL COUNTY EMPLOYEE RETIREMENT PLAN OFFERED AND
PAYROLL DEDUCTION APPROVED FOR PARTICIATING EMPLOYEES
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John Hamstra with AIG VALIC addressed the Court regarding
the 457 retirement plan for county employees. He
submitted a list of 34 Calhoun County employees who
expressed an interest in the plan; he said others were
also interested. He requested AIG VALIC be approved as a
provider. Judge MarShall stated the District Clerk
informed her the persons in her office do not wiSh to
participate. Commissioner Galvan was surprised to see his
name listed. Mr. Hamstra stated he was confident he could
get the reguired number of thirty participants. The
County Aud~tor said this must be a county authorized plan
and there must be an agreement with the county for the
county to participate. Mr. Galvan asked his name be
removed from the list as he had no op~ortunity to review
the plan. Mr. Hamstra said the plan ~s in complete
compliance with the new tax laws.
A Motion was made by Commissioner Galvan and seconded by
Commissioner Balajka that the County Judge be authorized
to sign documentation for an additional employee
retirement plan offered through AIG VALIC and approve
payment deduction for participating employees and at no
cost to the County. Commissioners Galvan, Balajka and
Judge Marshall all voted in favor. Commissioner Finster
voted against and Commissioner Floyd abstained.
DEERWOOD ESTATES SECTION 2 - FINAL PloAT APPROVAL POSTPONED
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Charlie Summers, surveyor, presented the final plat of
Deerwood Estates Section 2 for approval. He said the
preliminary plat was approved as Port O'Connor Countryclub
Subdivision. The owners have changed the name to Deerwood
Estates Section 2. Mr Summers said water and sewer exist
on Harrison Street; the plat contains the Port O'Connor
Municipal Utility District certificate but the MUD felt it
was not necessary to sign this plat as they previously
signed a certification and there was no new construction.
Commissioner Finster stated the Court needs proof that
water and sewer are available to these lots; does the
water and sewer at Harrison Street have the capacity to
supply these utilites.
This agenda item was placed on the December 30, 2002
agenda so the MUD certificate could be obtained on the
plat.
THE COURT RECESSED AT 12:25 P.M. AND RECONVENED at 2:00
P.M.
AGREEMRNT WITH SOCIAL SECURITY ADMINISTRATION FOR
REPORTING CONFINEMENT OF PERSONS RECEIVING SUPPLRMRNTAL
SECURITY INCOME AND OTHER BRNEFITS
A Motion was made by Commissioner Finster and seconded by
Commissioner Galvan to authorize the Jail Administrator to
enter into a Contract with the Social Security
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Administration for reporting confinement of individuals
receiving supplemental Security Income (SSI) and
Retirement Survivors and Disability Benefits (RSDI).
Commissioners Galvan, Balaja, Floyd, Finster and Judge
Marshall all voted in favor.
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,;:-.'.. St:(IJ,(l
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SOCIAL SECURITY
2002 Commerce
Victoria, Texas 77901
. November 20, 2002
Calhoun County Jail
Tim Smith Administrator
211S.Ann
Port Lavaca, Texas 77979
Dear Administrator:
In order to pay incentive payments, we need you to read over and sign the attached
IPMOU and also the form SF 3881. Both of these need to be returned to me in the envelope
enclosed.
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Any questions can be directed to me at 363 576-0892 ex!. 211.
Sincerely ~~ .5,(~
~hington
Office Manager
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Attachment 4
INCENTIVE PAYMENT MEMORANDUM OF UNDERSTANDING
(IPMOU)
AGREEMENT BETWEEN
THE SOCIAL SECURITY ADMINISTRATION
AND THE
Calhoun county Jail of Port Lavaca, Texas
Article I, Purpose & Legal Authority
The parties in accordance with sections 1611 (e) (I) (I) and
202(x) (3) of the Social security Act (the Act) enter into this
agreement. The agreement provides the terms and conditions under
which the reporting entity (Calhoun County) will provide to the
Social Security Administration (SSA) information about certain
confined individuals, on its own behalf and/or on behalf of other
facilities/institutions for whom it will report as identified in
Article III B.l of this agreement and under which SSA will pay
facilities/institutions for information that results in the
suspension of payments to certain confined individuals (see
article II B) receiving Supplemental Security Income (SSI)
payments under title XVI of the Act, 42 U.S.C. 1381 et ~, as
well as suspension of benefits to individuals receiving
Retirement Survivors and Disability (RSDI) benefits under title
II of the Act, 42. U.S.C. 402 et seq. The responsibilities of
each party to the agreement are also provided.
Title XVI of the Act sets forth the conditions under which
individuals are eligible for SSI payments. Title II of the Act
sets forth the conditions under which individuals are eligible
for RSDI payments.
Based on sections 202 (x) (1), 202 (x) (3), and 1611 (e) (1) (A) of the
Act (codified at 42 U.S.C. ~~ 402(x) (1), 402(x) (3) and
1382 (e) (1) (A) respectively), the Social Security Administration
is required to limit/deny the payment of benefits to: any
individual for any month during which he/she is confined to a
jail, prison, or other penal institution or correctional facility
under a conviction of a criminal offense; certain individuals
(see article II C) confined by court order in an institution at
public expense in connection with certain verdicts or findings
with respect to such offenses; and to certain individuals who,
immediately on completion of confinement based on a conviction of
an offense, an element of which is sexual activity, are confined
by court order in an institution at public expense based on a
finding that such individual is a sexually dangerous person or a
sexual predator or a similar finding (title II of the Act); or to
any individual for any month throughout which the individual is
an inmate of a public institution (title XVI of the Act) .
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section 1611 (e) (1) (I) (i) and section 202 (x) (3) of the Act
authorize SSA to enter into agreements described in those
sections with a specified type of interested State or local
institution (such as a jail, prison, or other penal institution
or correctional facility or other institutions in which people
are confined by court order at public expense). These sections
of the Act provide the general terms and conditions under which,
based on this agreement, the Reporter will provide information
about confined individuals to SSA. SSA will also use the
information provided by (<l~""u,~c,,'~J""Lunder authority of sections
205 (j) (1) (A), 205 (j) (5), 1631 (a) ( ) (A) (iii) and 1631 (a) (2) (E) of
the Act which require SSA to revoke certification for payment of
benefits to representative payees under certain circumstances and
investigate and monitor the performance of such representative
payees. (See also 20 C.F.R. 404.2050; 416.655). The
incarceration or confinement of a representative payee is a
circumstance that SSA will consider under the above referenced
representative payee provisions.
This agreement and any subsequent addenda supersede any similar
agreement entered into previously under the above-cited statutory
provisions by the reporter and SSA concerning disclosure of
records of confined individuals or inmates of public
institutions.
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Section 552a{a) (8) (B) of title 5, U.S.C., as amended by section
402 (a) (2) of public Law 106-170 exempts this agreement, and
information exchanged under this agreement, from certain
provisions of the privacy Act, i.e., those relating to computer
matches.
Article II, . Defini tions
A. "Confined" refers to individuals who are confined to a
facility/institution described in Article I of this
agreement under authority of law at any time during the
period covered by this agreement.
B. "Other Confined Individuals"{Title XVI Beneficiaries) are
individuals who are confined to a jailor similar facility
throughout any month during the period covered by this
agreement. This individual remains confined if transferred
from one public institution to another or if temporarily
absent from such an institution, or resides in the
institution as of the beginning of a month and dies in the
institution during the month.
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C. "Certain Other Individuals Confined at Public Expense" (Title
II beneficiaries) are individualS confined by court order
for more than 30 continuous days in any institution at
public expense in connection with:
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(1) A verdict or finding that the individual is not guilty
of a criminal offense by reason of insanity; or
(2) A finding that the individual is incompetent to stand
trial under an allegation of a criminal offense; or
(3) A similar verdict or finding with respect to such an
offense based on similar factors (such as a mental
disease, a mental defect or mental incompetence).
Such an individual is considered confined until (l) he or
she is released from the care and supervision of such
institution; and (2) such institution ceases to meet the
individual's basic living needs.
D. "Sexually Dangerous Individuals"'are individuals, who
immediately upon completion of their prison sentence for a
criminal offense (an element of which is sexual activity),
are confined for more than 30 continuous days by court order
in an institution at public expense. These individuals are
confined in an institution based on a determination or
finding that they are sexually dangerous persons, sexual
predators, or similar determinations or findings.
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E. "Representative Payee" means the person, agency,
organization or institution selected (by SSA) to receive and
manage benefits on behalf of an incapable (SSA) beneficiary.
This includes a parent who is receiving benefits on behalf
of his/her minor child.
F. "Recordl1 means any it.em, collection, or grouping of
information about an individual that is maintained by an
entity including, but not limited to, the individual's
criminal history, name, Social Security number (SSN),
aliases, date of birth, gender, date of confinement, place
of confinement and prisoner or inmate status.
G. "Disclosure" means the release of information (data) with or
without the consent of the individual(s) to whom the
information pertains.
H. "Reporter Identification Code" means the four-character code
assigned by SSA to the Reporter that is party to the
agreement and that will report information on its own behalf
and/or on behalf of other facilities/institutions identified
in this agreement.
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I. "Faoi.~i.ty Identificati.on Code" means the six-character code
that SSA will assign to a facility or institution that
confines individuals and is covered by this agreement. This
code must be furnished with each submission of inmate data
to SSA concerning the facility/institution's confined
individuals in order for SSA to process any incentive
payments due the facility/institution under this agreement.
J. "Throughout a month" means that a title XVI individual is
confined in an institution as of the first instant of a
calendar month and stays through the last instant of the
month. Suspension applies in any month throughout which an
individual is confined as an inmate of a jail, prison, other
similar facility or other such public institution.
Example 1: If an individual enters an i~stitution on April
30 and is released on June 3, the individual would be
confined throughout May.
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Example 2: If an individual enters an institution on May 1
and is released on June 30, the individual would not have
been confined in an institution throughout either Mayor
June.
Under the SSI program, an individual who is confined in a
public institution is considered as remaining confined in a
public institution if he is transferred from one such
institution to another or if he is temporarily absent for a
period of not more than 14 consecutive days. Also, an
individual is considered confined in an institution
throughout a month if he is confined in the institution as
of the beginning of a month and dies in the institution
during the month.
K. "More than 30 conti.nuous days" means that a title II
individual has been convicted and remains confined in an
institution for a period of more than 30 continuous days
following the conviction. Suspe~sion applies in any month in
any part of which the individual is convicted and confined.
Example l: Individual is convicted on April 28, enters an
institution on April 30 and is released on June 3. The
individual would be convicted and confined for more than
30 continuous days. Benefits would be suspended for all
three months, April, May, and June.
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Example 2: Individual is convicted on May 1, enters an
institution on May 1 and is released on June 30. The
individual would be convicted and confined for more than
30 continuous days in an institution. Benefits would be
suspended for both months, May and June.
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Article III, Description of Records to be Matched
A. General
l. The Reporter will identify confined individuals for SSA.
2. SSA will determine which of these confined individuals are
receiving SSI payments, RSDI payments and/or acting as
representative payees.
B. Source of Reporter Records
1. These records are compiled from CitUtrJ<lJtJ (J){lNry J.tt(.. (the
Reporter must list all of the facilities/institutions
that are covered by this agreement for which it will
report) .
2. A reporter may opt to qualify only for the payment of
title XVI Incentive Payments. If the Reporter chooses
that option, then the Reporter must provide the following
data elements:
a. Social Security number (provide all numbers the
individual has been known to use)
b. Name (provide all names the individual has been known
to use); (Note: provide all known COmbinations of
Social Security Number/Name identities);
c. Date of birth (known or alleged);
d. Confinement date, i.e., the date the inmate was
admitted to the facility or the date custody of the
individual began;
e. Facility identification code; and
f. Other identifying information as required in the
attached Enumeration Verification System (EVS) User
Package for Correctional Institutions.
3. A Reporter may opt to qualify for the payment of both
title XVI incentive payments and title II incentive
payments. If the Reporter chooses that option, then, the
Reporter must provide. the following data elements:
a. Social Security Number (provide all numbers the
individual has been known to use);
b. Name (provide all names the individual has been known
to use) (Note: provide all known combinations of
Social Security Number/Name identities);
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c. Date of Birth (known or alleged);
d. Confinement date, i.e., the date the individual was
admitted to the facility or the date custody of the
individual began;
e. Date of Conviction for the criminal offense;
f. Facility identification code;
g. Other identifying information as required by the
attached Enumeration Verification System (EVS) User
Package for Correctional Institutions.
4. All records will be prepared and transmitted as
prescribed in Article IV with clear identification of the
facility/institution that is the source of such records.
C. SSA Systems of Records
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SSA will match the data from the Reporter for the purpose
described in the following systems of records. The data will
be matched against the:
l. Supplemental Security Income Record (SSR) SSA/OSR 09-60-
Ol03
2. Master Representative Payee File (09-60-0222)
3. Master Beneficiary Record (MBR) (09-60-0090)
4. Master Files of Social security Number Holders and SSN
Applications SSA/OSR 09-60-0058 (Alphident & Numident)
Article IV, Functions to be Performed
The information on confined individuals must be provided
electronically (i.e., a computer tape, cartridge, diskette, or
electronic transmission),'
A. Type of Report
The Reporter agrees that it will furnish SSA with (check one
of the reports below):
Report (s) (electronic file or paper report, if
appropriate) containing the data elements/reporting
requirements listed in Article III.B.2.for individuals
whose confinement commences on or after March 1, 1997 for
SSI recipients. (Title XVI Incentive Payment Agreement
only. )
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or
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Reports (electronic file or paper report, if appropriate)
containing the data elements/reporting requirements
listed in Article III.B.3.for individuals whose
confinement and/or conviction commences on or after March
1, 1997 for SSI recipients and the confinement and
conviction for RSDI beneficiaries commences on or after
April 1, 2000. (Title XVI and Title II Incentive Payment
Agreement.)
B.
Reporting Protocol
Report data required to qualify for Title XVI and/or Title II
Incentive Payments (See Article III B.2 or 3 for data to be
reported to SSA on inmates.)
1. The first submission of data, whether done electronically
or by paper, will be a total inmate population report,
commonly referred to as a census report.
2. After census file is submitted to SSA, files are to be
submitted monthly for the preceding calendar month. The
monthly report should consist of:
. data for those individuals who are admitted to the
facility/institution at any time during the period from
the first day of the reporting month to the last day of
that month (e.g., newly admitted inmates)and/or,
. data for those individuals already in the custody of
the facility/institution who have subsequently been
convicted since the facility/institution initially began
reporting inmate data to SSA.
C. SSA Actions on the Inmate Data Received
After validating or locating the proper Social Security
number, SSA will:
l. Determine if the individual is receiving SSI or RSDI
benefits.
2. Verify that the individual has received an SSI or RSDI
benefit in the month preceding the first month
throughout which such individual is an inmate;
3. Determine whether or not such individual is acting as
a representative payee;
4. Investigate and determine whether revocation of
representative payee certification is appropriate
under applicable law as cited in Article I.
533
5. Verify that the individual has been confined
throughout 'a calendar month for SSI or; convicted and
confined for more than 30 continuous days for RSDI.
6. Notify the individual of the suspension action and
provide the individual with an opportunity to contest
the planned action under applicable regulations.
7. Suspend SSI and RSDI payments as required by law.
8. Pay the appropriate facility/institution as specified
under Article V.
9. Provide the Reporter with a notice of the amount of
the incentive payment, the payment date and the total
number of suspended individuals, and a list of the
individuals suspended.
D. SSA Addresses for Submitting Data Files
The Reporter agrees to send the data to one of the following
addresses. If the Reporter prefers to ensure timely receipt of
the data, files may be sent using FedEx. (Note: For diskette or
large paper reporters, the address information for FedEx files
differs from the regular mailing address since FedEx cannot be
delivered to a P.O. Box. See below.)
1. Send tapes or cartridges to:
SSA
Attention: Outside Agency
2-F-9 National Computer Center
6201 Security Blvd.
Baltimore, MD 21235-6201
2. Send diskettes to:
SSA
Division of Employer Services, OCO
Metro West Building
P.O. Box 33004
Baltimore, MD 21290-3004
FedEx address for diskettes:
SSA
OCO, Division of Employer Services, ATTENTION: Prisoner
300 North Greene Street, 5-E-IO North Building
Baltimore, Maryland 21290-0300
Contact Name: Toni Klein
Telephone Number: (410) 966-9207
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3. Send paper listings that contain over 1000 names to:
SSA
Division of Employer Services, OCO
Metro West Bldg.
P.o. Box 33004
Baltimore, MD 21290-3004
FedEx address for paper reports:
SSA
OCO, Division of Employer Services, ATTENTION: Prisoner
300 North Greene Street, 5-E-IO North Building
Baltimore, Maryland 2l290-0300
Contact Name: Toni Klein
Telephone Number: (410) 966-9207
3. Establishing electronic transmission process:
Contact Anita Cohen on (410) 965-5340 to establish
electronic processes with SSA systems.
Article V, Incentive Payment Process
SSI (Title XVI) Incentive Pavments
In accordance with section 1611 (e) (1) (I) (i) (II) of the Act, SSA
will pay an incentive payment to a facility/institution covered
by this agreement fer information on a confined individual which
the Reporter furnishes to SSA within the time periods specified
below, provided that the confined individual is:
. Receiving an SSI payment for the month preceding the first
month throughout which the confined individual is in such
facility/institution; and
. Determined by SSA to be ineligible for a SSI payment for such
first month as a result of the information provided by the
Reporter under this agreement.
NOTE: See article III, B.2. for data elements required to qualify
for Title XVI incentive payments as described above.
RSDI (Title II) Incentive Pavments
In accordance with section 202 (X) (3) of the Act, SSA will pay an
incentive payment to a facility/institution covered by this
agreement for information on a confined and convicted individual
535
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which the Reporter furnishes to SSA within the time periods
specified below, provided that the confined individual is:
. Is receiving an RSDI payment for the month preceding the first
month in which the confined individual is in a
facility/institution; and
. Determined by SSA to be ineligible for an RSDI payment for any
part of the first month as a result of the information
provided by the Reporter under this agreement.
NOTE: See Article III, 8.3 for the data elements required to
qualify for Title XVI and/or Title II incentive payments as
described above.
Payment of Incentives
SSA will pay such facility/institution:
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. $400 if the Reporter furnishes the information on a confined
individual described above to SSA within 30 days after the
date the individual's confinement in such facility/institution
begins; and/or,
. $200 if the Reporter furnishes such information to SSA after
30 days after such date but within 90 days after such date.
. The dollar amounts above will be reduced by 50 percent if the
Commissioner is also required to make a payment to the
reporter with respect to the same individual under an
agreement entered into under section 202 (x) (3) (8); and,
conversely will be reduced by 50 percent if a payment is made
with respect to the same individual under section
1611 (e) (1) (I) (I).
If SSA cannot validate the SSN of a confined individual, SSA will
take no further action.
SSA will not pay an incentive payment for information concerning
a confined individual if, prior to SSA's receipt of the
information, SSA has already determined that the individual is
ineligible for SSI or RSDI payments or in cases in which SSA's
only action is to suspend the .individual from serving as a
representative payee.
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Payme~ts made by SSA under this agreement represent incentive
payments accruing as a result of SSA's efforts in processing the
data provided under this agreement when such data results in the
suspension of SSI payments to confined inmates or confined and
convicted inmates for RSDI payments. The time required for SSA
_ 536
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to complete the verification process, perform case development
to determine whether suspension of an individual's SSI or RSDI
payment is appropriate, and, complete the due process
requirements that must be accorded an individual subject to a
suspension action, may vary from case to case and may represent
several months.
SSA will pay incentive payments to a facility/institution on a
monthly basis by electronic transfer of funds. The facility/
institution will name a financial institution and provide the
information required on an Automated Clearinq House (ACH)
Vendor/Miscellaneous Pavment Enrollment Form (SF 388l) to receive
its incentive payments by electronic transfer of funds.
SSA will provide the Reporter with a notice of the amount of the
incentive payment, the payment date, the total number of
suspended individuals, and a list of individuals suspended.
Disputes involving these incentive payments will be considered by
the Regional Prisoner Coordinator designated in Article IX. The
Reporter should forward a written request describing the dispute
in detail to the Regional Prisoner Coordinator designated in
Article IX within 30 days of its receipt of the relevant
incentive payment notice.
Article VI, Records Usage, Duplication and
Redisclosure Restrictions
SSA agrees to use the information provided by the Reporter only
to determine which of the confined/convicted individuals are
receiving payments and to suspend these payments as required by
law and to investigate and monitor the performance of
representative payees under circumstances as described in Article
I. SSA will adhere strictly to the provisions of section
l611 (e) (1) (I) and 202 (xl (3) of the Act in any usage, duplication,
or redisclosure of information provided by the Reporter under
this agreement.
As required by section 1611 (e) (1) (iii) (II) and section 202 (x) (3)
of the Act, SSA will redisclose the information obtained pursuant
to this agreement to any Federal or Federally assisted cash,
food, or medical assistance program, for eligibility purposes.
SSA will retire all identifiable records in accordance with
the Federal Records Retention" Schedule (44 U.S.C. 3303a). For
records the Reporter wants returned, SSA will return the
Reporter's electronic files (magnetic computer tapes, diskettes
or other electronic media) to the Reporter within 12 months.
Paper reports will not be returned.
537
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Article VII, Notice, Verification and Opportunity
to Contest
SSA agrees to verify information obtained under this agreement
prior to initiating any adverse action against an individual.
Pursuant to its applicable regulations, SSA will inform the
individual by written notice that it has received specified
information indicating that the individual is confined under the
jurisdiction of a named prison system or is an inmate of a public
institution beginning (month/vear) and that, by law, SSI payments
and/or RSDI benefits must be suspended. SSA will afford the
individual the opportunity to contest and submit information
concerning the planned action and to appeal a determination by
SSA to suspend payments in accordance with applicable
regulations.
SSA is responsible for determining the most suitable
representative payee to receive title II and title XVI payments.
For title II and title XVI actions under the representative payee
provisions cited in Article I of this agreement, in addition to
notices provided to any affected Social Security beneficiary or
SSI recipient, that the representative payee receiving notice has
30 days to contest the Agency's decision to change representative
payee for the affected beneficiary or recipient based in part on
the current payee's incarceration or confinement under applicable
provisions of the Act and regulations requiring revocation of
certification of payment to certain representative payees and
monitoring of representative payee performance by SSA.
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NOTE: SSA's final decision on the representative payee issue
does not affect the eligibility or entitlement of the individual
to the continued receipt of Social Security benefits or
supplemental security income payments. In the event that there
is any adverse effect on the monthly benefits payments to the
beneficiary or recipient as a result of this match, if a decision
is made to change the representative payee, the beneficiary or
recipient will receive notice of the change as provided in
sections 205(j) (2) (E) (ii) and 163l(a) (2) (B) (xi) of the Act.
Article VIII, Term of the Agreement
This agreement supersedes any previous agreement(s) between SSA
and the facility/institutions identified in this agreement
effectuating the exchange of prisoner information for the purpose
of enforcing section 1611 (e) (1) (A), 205 (j) (1) (A), 205 (j) (5),
l63l(a.l (2) (A) (iii),1631(a) (2) (E), and 202(x) (1) of the Act.
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This agreement shall be effective upon the signatures of both
parties and shall remain in effect until terminated by either of
the parties. The agreement may be terminated upon written
538
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notification by either party 90 days in advance of the
termination date.
Article IX, Persons to Contact
A.
The SSA contact for questions concerning this incentive
payment agreement is the Regional Prisoner Coordinator in
SSA's Dallas Regional Office at the following address:
Ed Hromatka/Larry Mayo
MOS, Center for Disability
Room 670
1301 Young Street
Dallas, TX 75202-5433
(214) 767-4281
FAX (214) 767-1452
E-mail: ed.hromatka@ssa.gov/
B. The SSA contact for policy questions concerning the incentive
payment provision is:
Judy Sale
Office of Program Benefits
3-A-26 Operations Building
640l Security Boulevard
Baltimore, MD 21235-6401
(410) 965-8581
FAX (410) 597-0146
C. For technical questions concerning the computer operation
itself, contact:
Anita Cohen
Team Leader, Client Identification Branch
3-L-16 Operations Building
6401 Security Boulevard
Baltimore, MD 2l235-6401
(410) 965-5340
FAX (410) 966-4159
E-mail: anita.m.cohen@ssa.gov
D. The Reporter contact for the incentive payment provision is:
NAME
ADDRESS
TELEPHONE
FAX
E. The Reporter contact concerning technical questions regarding
the electronic file process is:
539
NAME: Larry L. Ooten
ADDRESS: 2002 Commerce, Victoria, Texas 77901
TELEPHONE: 361 576-0892 ext 211
FAX: 36l 576- 3545
F. The Reporter contact for questions concerning the incentive
payment accounting information is:
NAME: Larry Ooten
ADDRESS: 2002 Commerce, Victoria, Texas 77901
TELEPHONE: 36l 576-0892
FAX: 361 576-3545
Article X, Signature
In witness whereof, the parties execute this agreement,
FOR THE SOCIAL SECURITY ADMINISTRATION
BY
DATE
(TITLE)
FOR THE REPORTER
BY
DATE
(TITLE)
540
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BIDS AND PROPOSALS - AWARD BIDS FOR ASPHALT. ~ILS ~
EMULSIONS - INDIGENT DRUGS - INSECTICIDES - P_PE _ _ ~
MATERIALS - LIME - RO~ MATERIALS - TIMBERS
The following bids were tabulated by the County Auditor'S
Office and read to the Court by Ben Comiskey.
Bid Tabulation - Indiaent Drllas
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A Motion was made by Commissioner Balajka and seconded by
Commissioner Galvan to reject the bids received on
Indigent Drugs as the bids received were not bid in the
same method. This is to be re-bid in a percentage amount.
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor.
BID TABULATION FOR INDIGENT DRUGS FOR CALHOUN COUNTY
FOR 01101/03 - 12/31103
BIDDER
AMOUNT TO BE ADDED TO AVERAGE WHOLESALE PRICE
THE PHARMACY
$-1.00
~
THE PRESCRIPTION SHOP
LESS 5%
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Bid Tabulation - Timbers
A Motion was made by Commissioner Balajka and seconded by
Commissioner Galvan to reject all the bids received on
timbers. Commissioners Galvan, Balajka, Floyd, Finster
and Judge Marshall all voted in favor.
BID TABULATION
TIMBERS FOR CALHOUN COUNTY
FOR THE PERIOD 01101f02 -12/31102
leeA TREATED TIMBERS #2 TREATED TIMBERS eeA 21/2Ibs.
CONROE
WOOD
PRODUCTS
HICKS
POOT
COMPANY
GEMINI KENNEDY
FOREST SAW MILLS
PRODUCTS INC.
PRICE PER TIMBERS
~ pleces,1Z" x 12", 20 Feet Long
-22 pieces, 6" x 16",16 Feet Long
-60 pieces. 3" x 12", 20 Feet Long
$2eO.50
$162.10
$70.e4
$264.00 I 237.55" I NO
48.00 ~A $142.21 BID
1 59.39' I
(A) ROUGH CUT TIMBERS
ICREOSOTE TIMBERS # 2 TREATED TIMBERS .16Ibs. CREOSOTE TREATED
PRICE PER TIMBERS
-6 pieces. 12" x 12", 20 Feet Long
.22 pieces, 6" x 16",16 Feet Long
-60 pieces, 3" x 12", 20 Feet long
NO
BID
$285.06
$167.55
$71.27
$285.12
$159.87
$72.96
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ITREATED ROUND PILES -16 LaS. CREOSOTE tREATED
PRICE PER TIMBERS
.12.12" BUTTS X 30 FOOT LENGTH 1188.05' INO BID
$264.00 $197.00
NOTE: LOW BID IS INDICA TED BY AN ASTERJCK .. . ..
541
Bid Tabulations - A~phalt. Oil & Emulsions. Insecticides.
Pine and Road Mater~als
A Motion was made by Commissioner Balaj~a and seconded gll
Commissioner Galvan to accept the low b~dsdon ~sp~ait,
and Emulsions Insecticides, Pipe, and Roa Ma.er~~ s.
(Low bids are'indicated by an Asterisk !*) bes~d~ ~td
Commissioners Galvan, Balajka, Floyd, F~nster an Ju ge
Marshall all voted in favor.
BID AWARD FOR ASPHALT, OILS. & EMULSIONS FOR CALHOUN COUNTY
PERIOD TO BE COVERED BY BID IS 01/01/03 -12/31/03
GULF STATES ASPHALT CO., L.P.
ITEM 300, ASPHALTS, OILS, EMULSIONS: (RC 250)
FOR SHIPPING POINT
FOR DESTINA nON
GALLONS PER DESTlNA nON
Unit Price Total
Per Gallon Bid Price
Freight
Chanze
Total Price Total
Per Gallon Bid Price
BYTRIICK'
25.000 GALLONS TO PORT LA V ACA
25,000 GALLONS TO SIX MILE
15,000 GALLONS TO OLIVIA
1.800 GALLONS TO PORT O'CONNOR
60,OOOGALLONS TO SEADRII'T
5 92
5 .92
5 .92
S nohid
5 .92
$23000.00
523 000.00
5 13.800.00
1
555200.00
$.08
$ .10
$ .07
$ .10
$ 1.00
S 1.02
$.99
$ .1.02
525.000.00
$25 500.00
$]4850.00
56\.200 00
TOTAL
$ 126.550.00
PRlCE PER FOR DEMERGE: $ 40.00
ITEM 300, ASPALTS, OILS and EMULSIONS: (AC-5)
GALLONS PER DESTINATION
FOR SHIPPING POINT
FOR DESTINATiON
Unit Price Total
Per Gallon Bid Price
Freight
Chal"2"e
Total Price Tolal
Per Gallon Bid Price
BY TRUCK:
15,000 Gallons to Olivia
5~
59750
LQL
5.72 510800
PRICE PER HOUR FOR DEMERGE: $ 40.00
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MARLIN ASPHALT PRODUCTS
ITEM 300, ASPHALTS, OILS, EMULSIONS: (RC 250) .
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GALLONS PER DESTINATION
FOR SHIPPING POINT
UNIT PRICE TOTAL
PER GALLON am PRICE
FOR DESTINATION
FREIGHT TOTAL PRICE TOTAL
Q!M&!; PER GALLON BID PRICE
BY TRUCK:
25,000 GALLONS TO PORT LA V ACA
25,000 GALLONS TO SIX MILE
15,000 GALLONS TO OLIVIA
1,800 GALLONS TO PORT O'CONNOR
60.000 GALLONS TO SEADRIFT
$ 9150
$ .9150
$ 9150
$ 9150
$ .9150
$ 22 875.00
$22875.00
$ 13 725,00
$ I 647.00
$ 54 000.00
$ .0596
$ . 063
S .063
$ .1903
$ .0596
$ .9746
$ .978
S .978
$ 1.1053
S 9746
S 24.365.00 ..
S 24.450.00 ..
S 14.670.00 .
S 1.989.54 01"
S 58.476.00 ..
TOTAL
$123.950.54
PRICE PER HOUR FOR DEMERGE: $ 40.00HR AFTER FIRST TWO HOURS
ITEM 300, ASPALTS, OILS and EMULSIONS: (AC-5)
FOR SHIPPING POINT
FOR DESTINATION
GALLONS PER DESTINATION
UNIT PRICE TOTAL
PER GALLON BID PRICE
FREIGHT TOTAL PRICE TOTAL
Q!M&!; PER GALLON BID PRICE
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BY TRUCK
15,000 Gallons to Olivia
$ .64
S 9600.00
U1Q.. $ .707
S 10.605.00 '"
PRICE PER HOUR FOR DEMERGE: $ 40.00HR AFTER FIRST TWO HOURS
"NOTE: IF PUMP & HOSE IS NEEDED ADD $50.00 PER TRUCK LOAD
PRICE IS BASED ON 5,200 GALLON MINIMUM LOAD
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CLEVELAND ASPHALT PRODUCTS, INC.
ITEM 300, ASPHALTS, OILS, EMULSIONS: (RC 250)
FOR SHIPPING POINT
FOR DESTlNA TlON
GALLONS PER DESTINA nON
UNIT PRICE TOTAL
PER GALLON BID PRICE
FREIGHT TOTAL PRICE TOTAL
CHARGE PER GALLON BID PRICE
BY TRUCK:
25.000 GALLONS TO PORT LA V ACA
25.000 GALLONS TO SIX MILE
15,000 GALLONS TO OLIVIA
1.800 GALLONS TO PORT O'CONNOR
60,000 GALLONS TO SEADRIIT
$ 1.05
$ 1.05
$ 1.05
S 1.05
$ 1.05
$ 26.250.00
$ 26.250.00
S 31.500.00
S 1.890.00
$ 63.000.00
$ .1076 $I.IS76
$ .1076 $1.1576
S .1076 $1.1576
$ .2989._ $1.3489
S .f076 $1.1576
$28.940.00
$28.940.00
$17.364.00
S 2.428.02
569.456.00
TOTAL
$ 147,128.02
PRICE PER FOR DEMERGE: $ 40.00 IHR
ITEM 300, ASPALTS, OILS and EMULSIONS: (AC-5)
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FOR SHIPPING POINT
FOR DESTINATION
GALLONS PER DESTlNA TlON
UNIT PRICE TOTAL
PER GALLON BID PRICE
FREIGHT TOTAL PRICE TOTAL
CHARGE PER GALLON BID PRICE
BY TRUCK:
15.000 Gallons to Olivia
$_..72
$ 10800.00
$ .1076
$.827
$ 12414.00
PRICE PER FOR DEMERGE: $ 40.00 IHR
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BRIDGES ASPHALT PRODUCTS, INC.
ITEM 300, ASPHALTS, OILS, EMULSIONS: (RC 250)
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FOR SHIPPING POINT
FOR DESTINATION
'GALLONS PER DESTINATION
UNIT PRICE TOTAL
PER GALLON BID PRICE
FREIGHT TOTAL PRICE TOTAL
CHARGE PER GALLON BID PRICE
BY TRUCK:
25,000 GALLONS TO PORT LA V ACA
25.000 GALLONS TO SIX MILE
15000 GALLONS TO OLIVIA
30,000 GALLONS TO PORT O'CONNOR
30,000 GALLONS TO SEADRIFT
$ 1.0S
$ 1.05
S 1.05
$ 1.35
$ 1.05
$ 26.250
S 26.250
$ 15.750
$2.430
$63.000
$ .07 S 1.12
S .07 $ 1.12
$ .07 S 1.12
$_.L $ L55
S.07 $ 1.12
$ 28.000
S 28.000
$ 16.800
$ 2.790
$ 67.000
PRICE PER FOR DEMERGE: $50.00 IHR
TOTAL $ 142,790
ITEM 300, ASP AL TS, OILS and EMULSIONS: (AC-5)
GALLONS PER DESTINATION
FOR SIIIPPING POINT
UNIT PRICE TOTAL
PER GALLON BID PRICE
FOR DESTINATION
FREIGHT TOTAL PRICE TOTAL
CHARGE PER GALLON BID PRICE
BY TRUCK:
15000 GALLONS TO OLIVIA
$ .8S
$12.7S0
$.07
$ .92
$ 13.800
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PERFORMANCE GRADE ASPHALT
ITEM 300, ASPALTS, OILS and EMULSIONS: (AC-S)
GALLONS PER DESTINATION
FOR SIlIPPING POINT
UNIT PRICE TOTAL
PER GALLON BID PRICE
FOR DESTINATION
FREIGHT TOTAL PRICE TOTAL
CHARGE PER GALLON BID PRICE
BY TRUCK
15000 GALLONS TO OLIVIA
S .83
S 12.450.00
S .06
s~ S 13.350
NOTE: LOW BID IS INDICATED BY AN ASTERISK" * "
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PERFORMANCE GRADE ASPHALT 409-986-7740
BRIDGES ASPHALT PRODUCTS 972-487-2118 FAX 972-276-9846
MARLIN ASPHALT PRODUCTS 361-289-1707
GULF STATES ASPHALT CO. 800-662-0987
CLEVELAND ASPHALT 800-334-0177 FAX 936-628-6602
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BID TABULATION FOR INSECTICIDES FOR CALHOUN COUNTY
01/01/03 -12/31/03
IACTlVE INGREDIENT: MALATHION
40-55 Gallon Drums B&G WILBUR UNIV AR
Chemicals ELLIS CO. USA
Per Gallon $22.00 $23.97 $21.60
.
Total Bid Price $48,400.00 $52,734.00 $47,520.00
NOTE: LOW BID IS INDICATED BY AN ASTERICK .....
IACTIVE INGREDIENT: RESMETHRIN CONCENTRATE
20 . 5 Gallion Pails
Per Gallon
B&G
Chemicals
$95.00
.
Total Bid Price
$9,500.00
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NOTE: LOW BID IS INDICATED BY AN ASTERICK .....
IBIOMIST 30+30 ULV CONCENTRATE INGREDIENTS: PERMETHRIN PBO (SYNERGIST)
Public Health
Equipment &
Supply Co., Inc.
Biomist 30+30
Per Gallon
1199.00 . 1
Mineral Oil 40 - 55
40-55 Gal. Drum
Per Gallon
$5.95
B&G
Chemicals
Brand bid on
Perm X 30 + 30 ULV
Per Gallon
$178.57
Brand bid on
Kontrol 30-30
Per Gallon
UNIVAR
USA
$178.00
Mineral 01140 - 55
40-55 Gal. Drum
Per Gallon
$2.89
Brand bid on
Sun par 107
40-50 Gal. Drum
Per Gallon
$2.72
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NOTE: LOW BID IS INDICATED BY AN ASTERICK.....
5.48
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BID TABULATION FOR INSECTICIDES FOR CALHOUN COUNTY
01/01/03 -12/31/03
IpYRANHA SPACE SPRAY 1-10 HP CONCENTRATE
Diamond
Cleaning
Equipment
Per Gallon
I 11200. I
NOTE: LOW BID IS INDICATED BY AN ASTERICK"."
Sanders
Supply
$175.00
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WILBUR ELLIS COMPANY 979-543-6205
UNIVAR USA 832-386-3300
B & G CHEMICALS 713-682-4411 800-901-9746
PUBLIC HEALTH EQUIPMENT 800-284-0106
DIAMOND CLEANING EQUIPMENT 979-543-3687
SANDERS SUPPLY 979-543-1007 979-541-9494
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BID TABULATION
PIPE FOR CALHOUN COUNTY
JANUARY t, 2003 - DECEMBER 31, 2003
CORRUGATED GALV ANTIZED METAL PIPE (14 GAUGE)
(PRlCE PER FOOT)
CONTECH
CONSTRUCTION
PRODUCTS
12 Inch
151nch
18 Inch
24 Inch
30 Inch
36 Inch
42 Inch
48 Inch
52 Inch
72 Inch
4.63
5.81
7.03
9.40
11.85
14.22
16.65
22.30
25.05
33.70
. NOTE:
CORRUGATED ARCHED PIPE
_
12 INCH
15 INCH
18 INCH
24 INCH
30 INCH
36 INCH
42 INCH
48 INCH
52 INCH
72 INCH
NO BIDS
6.34
7.45
10.10
12.67
15.04
17.53
23.50
26.50
34.60
CORRUGATED PLASTIC CULVERT PIPE
PRICE PER FOOT
12 inch
15 inch
18 inch
24 inch
NO BIDS
_
551
- 552
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CONCRETE PIPE - NO BIDS
15 inch
18 inch
24 inch
30 inch
36 inch
42 inch
CONTECH CONSTRUCTION
WILSON CULVERTS BID WAS RECEIVED LATE.
281-893-6012
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BID TABULATION
ROAD MA TERIALS FOR CALHOUN COUNTY
01/01/03 - 12/31/03
ITEM 249, TYPE B (FLEXIBLE PROCESSED BASE), GRADE3; (MIN PI 6)
MARTIN LEWARD
CW&A MARIETTA PRIHODA SANCHEZ QUALITY TEXAS VULCAN ANDERS
INC. MATERIALS GRAVEL. CO. MATERIALS HOT MIX SOUTHERN MATERIALS & SONS
FOR DESTINATION PRICE PER TON
PORT LAVACA STOCK PILE 8.20' 9.80 9.00
SIX MILE STOCK PILE 8.20' NO 10.80 NO NO 9.00 NO NO
BID BID BID BID BID
OLIVIA STOCK PILE 9.55 9.50' 10.00
SEADRIFT STOCK PILE 9.05' I 12.50 10.00
PORT O'CONNOR STOCK PILE I 10.00' I 13.50 10.50
NOTE: LOW BID IS INDICATED BY AN ASTERICK
ITEM 249, TYPE A (LIMESTONE), GRADE 3
FOR DESTINATION PRICE PER TON
PORT LAVACA STOCK PILE 14.10 17.25 12.50 14.00 1200'
SIX MILE STOCK PILE 14.25 17.25 12.50 14.25 12.00'
NO NO NO
OLIVIA STOCK PILE 14.95 17.75 BID 13.00 14.95 12.00' BID BID
SEADRIFT STOCK PILE 14.95 16.75 12.50 14.95 12.00'
PORT O'CONNOR STOCK PILE 15.85 17.75 13.50 15.75 13.00'
NOTE: LOW BID IS INDICATED BY AN ASTERICK.....
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BID TABULATION
ROAD MA TER/ALS FOR CALHOUN COUNTY
01101103.12131103
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LIMESTONE (3/4" TO DUST)
CW&A
INC.
MARTIN
MARIETTA
MATERIALS
PRIHODA SANCHEZ QUALITY TEXAS VULCAN
GRAVEL, CO. MATERIALS HOT MIX SOUTHERN MATERIALS
LEWARD
ANDERS
& SONS
FOR DESTINATION PRICE PER TON
PORT LAVACA STOCK PILE 14.10 17.25 12.50' 14.10 13.00
SIX MilE STOCK PILE 14.25 17.25 12.50' 14.10 13.00 NO NO
NO BID BID
OLIVIA STOCK PilE 14.95 17.75 BID 13.00' 14.75 13.00
SEADRIFT STOCK PILE 14.95 16.75 12.50' 14.75 13.50
PORT O'CONNOR STOCK PILE 15.85 17.75 13.50' 15.95 14.00
NOTE: LOW BID IS INDICATED BY AN ASTERICK.....
ITEM 304, TYPE PE (TOPPING ROCK), GRADE 4
(A) unit weight 2,100 Ibs per cubic
I 29.01' I yard
NO NO NO NO NO
BID BID BID BID I 29.51' I BID
I 30.91' I
I 28.61' I
I 30.51' I
FOR DESTINATION PRICE PER TON
PORT LAVACA STOCK PILE
$32.51
SIX MILE STOCK PILE
NO
BID
$32.51
OLIVIA STOCK PilE
$33.48
SEADRIFT STOCK PILE
$32.84
PORT O'CONNOR STOCK PilE $34.05
NOTE: LOW BID IS INDICATED BY AN ASTERICK..'..
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BID TABULATION
ROAD MA TERIALS FOR CALHOUN COUNTY
01/01/03 - 12/31/03
ITEM 330, TYPE D (PRE-MIX LIMESTONE)
CW&A
INC.
MARTIN
MARIETTA PRIHODA SANCHEZ QUALllY
MATERIALS GRAVEL, CO. MATERIALS HOT MIX
LEWARD
TEXAS VULCAN ANDERS
SOUTHERN MATERIALS & SONS
FOR DESTINATION PRICE PER TON
PORT LAVACA STOCK PILE I 31.51" I 33.50
SIX MILE STOCK PILE NO NO NO NO NO NO I 32.01" I 33.50
BID BID BID BID BID BID
OLIVIA STOCK PILE I 33.41" I 33.50
SEADRIFT STOCK PILE I 31.11" I 33.50
PORT O'CONNOR STOCK PILE I 33.01" I 33.50
NOTE: LOW BID IS INDICATED BY AN ASTERICK U" U
ITEM 350, TYPE D (HOT-MIX COLD LAID ASPHALTIC CONCRETE PAVEMENT)
FOR DESTINATION PRICE PER TON
PORT LAVACA STOCK PILE I 35.50" I
SIX MILE STOCK PILE NO NO NO NO I 35.50" I NO BID NO NO
BID BID BID BID BID BID
OLIVIA STOCK PILE I 35.50" I
SEADRIFT STOCK PILE I 35.75" I
PORT O'CONNOR STOCK PILE I 36.75" I
NOTE: LOW BID IS INDICATED BY AN ASTERICK U" U
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BID TABULATION
ROAD MA TERJALS FOR CALHOUN COUNTY
01/01/03 - 12/31/03
0'
TYPE PB (TOPPING ROCK), GRADE 4
CW&A
INC.
MARTIN
MARIETTA
MATERIALS
LEWARD
PRIHODA SANCHEZ QUALITY TEXAS VULCAN ANDERS
GRAVEL. CO. MATERIALS HOT MIX SOUTHERN MATERIALS & SONS
FOR DESTINATION PRICE PER TON
PORT LAVACA STOCK PILE
32.51 28.50' I
32.51 NO NO 28.50' I NO NO NO
BID BID BID BID BID
33.48 28.25' I
32.84 28.25' I
34.05 29.50' I
SIX MILE STOCK PILE
NO
BID
OLIVIA STOCK PILE
SEADRIFT STOCK PILE
PORT O'CONNOR STOCK PILE
NOTE: LOW BID IS INDICATED BY AN ASTERICK .....
RIP RAP MATERIAL
FOR DESTINATION PRICE PER TON
PORT LA V ACA STOCK PILE
SIX MILE STOCK PILE
NO
BID
49.00'
NO NO 49.00' NO NO
BID BID BID BID
49.00'
55.00'
53.00'
NO
BID
NO
BID
OLIVIA STOCK PILE
SEADRIFT STOCK PILE
PORT O'CONNOR STOCK PILE
NOTE: LOW BID IS INDICATED BY AN ASTERICK"'"
4
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BID TABULATION
ROAD MA TERIALS FOR CALHOUN COUNTY
01/01/03 - 12/31/03
TYPE E, (WHITE ROCK), NO PRECOAT, GRADE 3
MARTIN
CW&A MARIETTA
INC. MATERIALS
PRIHODA SANCHEZ QUALITY TEXAS VULCAN
GRAVEL, CO. MATERIALS HOT MIX SOUTHERN MATERIALS
LEWARD
ANDERS
& SONS
FOR DESTINATION PRICE PER TON
PORT LAVACA STOCK PILE 22.00 I 19.25" 22.00 22.00
SIX MILE STOCK PILE NO 22.00 NO I 19.25" 22.00 22.00 NO NO
BID BID BID BID
OLIVIA STOCK PILE 22.50 I 19.75" 21.00 22.00
SEADRIFT STOCK PILE 21.50 I 19.25" 22.00 22.00
PORT O'CONNOR STOCK PILE 22.50 I 20.25" 23.50 23.00
NOTE: LOW BID IS INDICATED BY AN ASTERICK"""
TYPE E, (WHITE ROCK), NO PRECOAT, GRADE 4
MARTIN LEWARD
CW&A MARIETTA PRIHOOA SANCHEZ QUALITY TEXAS VULCAN ANDERS
INC. MATERIALS GRAVEL. CO. MATERIALS HOT MIX SOUTHERN MATERIALS & SONS
FOR DESTINATION PRICE PER TON
PORT LAVACA STOCK PILE 22.00 I 19.25" I 22.00 22.00
SIX MILE STOCK PILE NO 22.00 NO I 19.25" I 22.00 22.00 NO NO
BID BID BID BID
OLIVIA STOCK PILE 22.50 I 19.75" I 21.00 22.00
SEADRIFT STOCK PILE 21.50 I 19.25" I 22.00 22.00
PORT O'CONNOR STOCK PILE 22.50 I 20.25" I 23.50 23.00
NOTE: LOW BID IS INDICATED BY AN ASTERICK"'"
5
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RAIL DELIVERY ONLY
BID TABULATION
ROAD MA TERIALS FOR CALHOUN COUNTY
01/01/03 - 1V31/03
ITEM 304, TYPE PE (TOPPING ROCK), GRADE 4
MARTIN
C W & A MARIETTA
INC. MATERIALS
LEWARD
PRIHODA SANCHEZ QUALITY TEXAS VULCAN ANDERS
GRAVEL, CO. MATERIALS HOT MIX SOUTHERN MATERIALS & SONS
FOR DESTINATION PRICE PER TON
PORT LAVACA STOCK PILE 29.01*
SIX MILE STOCK PILE NO NO NO NO NO NO 29.51* NO
BID BID BID BID BID BID BID
OLIVIA STOCK PILE 30.91*
SEADRIFT STOCK PILE 28.61*
PORT O'CONNOR STOCK PILE 30.51*
Note: unit weight 2,100 Ibs. Per cubic yard.
NOTE: LOW BID IS INDICATED BY AN ASTERICK" *..
6
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MARTIN MARIETTA MATERIALS 361-853-7331
PRIHODA GRAVEL CO.
979-234-5124
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SANCHEZ MATERIALS 210-649-3100
QUALITY HOT MIX (PLANT 1) 979-578-8701 (PLANT 2) 979-543-6464
TEXAS SOUTHERN, INC. 576-2159
VULCAN CONSTRUCTION MATERIALS 210-524-3500
LEWARD ANDERS & SONS INC. 979-247-4360
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I FUEL BID PROPOSAL I
IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL, WE THE
UNDERSIGNED, AGREE TO FURNISH FUEL, ACCORDING TO THE ATTACHED FUEL
SPECIFICATIONS, USING AN AUTOMA TED CARD SYSTEM, TO THE COUNTY'S SHERIFF'S
DEPARTMENT, PROBATION DEPARTMENT, HOSPITAL, EMERENCEY MEDICAL SERVICE
AND OTHER VEHICLES AS DESIGNATED FROM TIME TO TIME BY THE COMMISSIONERS
COURT AT THE FOLLOWING AVERAGE MONTHLY PRICE PER GALLON AND AT THE
FOLLOWING TWENTY-FOUR HOUR A V AILABILITY LOCATION:
UNLEADED GASOLINE
~RICE.P~~LLON
}JIll
9~S-
1t./
$
MID GRADE
$
PREMUlM UNLEADED GASOLINE $
DIESEL FUEL
LOCATION: "J1I2. W. fl(.br'..J Sr.
(MUST BE WITHiN THE CITY OF PORT LA V ACA
OR WITHIN A (5) FIVE MILE RADIUS OF THE CITY
OF PORT LA V ACA.)
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THE CONTRACT WILL BE FOR THE PERIOD BEGINNING DECEMBER 16,2002 AND
ENDING JANUARY 15, 2003. NO PRICE CHANGES WILL BE ALLOWED DURING
THE CONTRACT PERIOD.
SELLER WILL SUBMIT INVOICES ON PURCHASES TO THE PURCHASING DEPARTMENT.
PRICE QUOTED DO NOT INCLUDE TAXES.
,
NAME OF BIDDER: /Yl1t<.,jP-, J'L. 5 G...e'1
ADDRESS: p() .I3Dlt~7C 0
C1TY,STATE,ZIP: PMl-T tf-C..~, 7K 77 97 'i
PHONE NUMBER: SS7.- 7004-
PRINT NAME: ----;;1'1 I..~~
AUTHORIZED SIGNATURE: ~~ ~
TITLE: f!;.., CJ/'eIL. P16/l
.
DATE: / z.-/2/02.-
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560
FUEL BID
PROPOSAL
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IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED
PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS
INDICATED IN THE SPECIFICATIONS.
UNLEADED GASOLINE
PREMIUM UNLEADED GASOLINE $~
$ .~-~
$ .~{
PRICE/GALLON X APPROXIMATE = TOTAL
GALLONS/MO
DIESEL FUEL (LOW SULFUR)
X 3800 $ 3D7R.Pi!J
X 4000 $S-pt>,D D
X 2500 $2.tJ7".b~
,
TOTAL BID PRICE $ ~S73.0C>
THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING
DECEMBER 16, 2002 AND ENDING JANUARY 15.2003. NO PRICE CHANGES WILL BE
ALLOWED DURING THE CONTRACT PERIOD.
SELLER WILL SUBMIT SEP ARA TE INVOICES ON EACH PURCHASE TO THE PURCHASING
DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES.
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NAME OF BIDDER: DIE f) r'l !5IL C..... k
ADDRESS: PD. A D ~ '7 I
ClTY,STATE,ZIP: f6fq-' J AII)4.f;,14~. -z.7lf7tf
PHONE NUMBER: -S.\ .2 - "}, d.- '2 if
PRINT NAME: S,4"" ..oI~ -Ir-'-il--t1-
AUTHORIZED ..nIGNA:ru~d~-1 Pliltt'
TITLE: f4.M.e~~
DATE: / )- S~ e; ~
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561
C FUEL BID
PROPOSAL
IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED
PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS
INDICA TED IN THE SPECIFICA nONS.
PRlCElGALLON X APPROXIMA TE ~ TOTAL e
GALLONSIMO
$ . (5Rs' X 3800 $ .3.3b3.0i>
UNLEADED GASOLINE
PREMIUM UNLEADED GASOLINE $ .98~ x 4000 $ ?9i10.tJiJ
DIESEL FUEL (LOW SULFUR) $ ,qo.J- X 2500 $ jl.3.Sv. ()O
TOTAL BID PRICE $ '1~.s-..z. DO
THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING
DECEMBER 16. 2002 AND ENDING JANUARY IS. 2003. NO PRICE CHANGES WILL BE
ALWWED DURING THE CONTRACT PERIOD.
SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING
DEPARTMENT. PRICES QUOTED 00 NOT INCLUDE TAXES.
NAMEOFBIDDER: If)"u/Un' ~'(;,"""1
ADDRESS: po. BoY: /'700
.
CITY,STATE,ZIP: Po/Z.-T LtwAc.4: T.,. 11~ 7'7
PHONRNUMBER: srz- 700tf
PRINT NAME: -;OM J.e-~
AUTHORIZED SIGNATURE: ~
DATE:
R). , t'1fV1l. fI1(,/L ,
{1.-/j../O.....
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TITLE:
APPROVAL OF MINUTES
A Motion was made by Commissioner Balajka and seconded by
Commissioner Floyd that the Mi~ut~s of November 8, 2902 be
approved as distributed. Comm~ss~oners Galv~n, Bala]ka,
Floyd, Finster and Judge Marshall all voted ~n favor.
Arlene N. Marshall,
County Judge
H. Floyd
Commissioner, Pet. 3
Leror B~lk,
Commlss1oner, Pet 1
Kenneth F~nster
Commissioner, Pet. 4
M~ehael J. Bala]ka
Commissioner, Pct. 2
SlUrley Foester
Deputy County Clerk
PUBLIC NUISANCE CODE ENFORCEMENT OFFICER - FILL POSITION
Commissioner Balajka discussed the Public Nuisance Code
Enforcement Officer position saying the criteria states
this should be held by a licensed peace officer. The ad
to be published should list the required qualifications.
The applicants will be interviewed by Commissioners Floyd
and Balajka. The County Auditor will run the ad twice.
The cut-off date is December 3l, 2002. Resumes are to be
sent to the County Judge's office.
A Motion was made by Commissioner Finster and seconded by
Commissioner Galvan to accept the job application for
Public Nuisance Code Enforcement Officer as submitted and
authorize the County Auditor to publish the ad twice with
the cut-off date of December 3l, 2002. Commissioners
Galvan, Balajka, Floyd, Finster and Judge Marshall all
voted in favor.
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562
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Job Tille: Code Enforc:ell:l8nt Oflic:er
Princlpte DutIM and R8JIpon.,bRItIN:
1. Vlsuafty Ind physically inlP8d8 properties for compliance with County
cedes.
2. Investigates complain18 about code violations; conducts research to
determintl ~rahip.
3. Works w1tt1 pUblic to en.ure complience when violatlo"l_ e.", fl:!~nd.
Responds to inllulrles about code enforcement (&lues. Preparti .
cases for comp~ance actions and Justice court prosecutions. Presents
ca...' before ~propriate BOlrd/Comm188ion and testifies In court.
4. Provides ovel'l~ht andlor prcject man.gement on contracted coda
compliance wotk. Coordlnetaa compliance action with other
departmenta or' agencies a. nllCOl8llry.
5. Prep.rea end maintains recordl on code enforcement activities.
8. Preperes ~ndence and notifications as required for code
enforcement aClllvlll4ls.
7. Parforms dutl8ll in a ute and orderly manner, complying with all
County and depaJtmenlal ufety rules and policies.
8. Regular attendance at work and amv" on time.
9. Performs all other job-related duties as IIl1igned or al become
epparent.
10. AbUily to get alonll with other employee. and the public.
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PlJyalcatlffd I!1WtIOll,,*,taI Condltlon~
Ability to driva a vehlcle tel and from various wolle slt8s. Ability to walk fer
extended periode of time while Ilerforming inepaction duties. EmployPe must
frequently 11ft and carry m.terials weighing up to 25 pound. and 6-C;CliaIOnallv.lHts
materials weighing up to $0 pounds. Employee may have to push IInd or pull I
maximum force of 100 pounds. Employee wiD COlM1unlca18 verbany, hear,
explanations. and visually Inspect plans and wolle. Must be able to climb laddel'l
for building and trench inllPectlona. Must be able to walk on Ilippery, loose,
uneven, and sloped ground. Employee will be exposed to traffic hazards and
danpltlUs construction situations_ InCludlts indoor and OUldOOf wor1t in seasonal
temperatures ae waN as In adverse conditione auc" as extreme cold, heat,
heights, and noise. Employee will WOr1t in and near trenches and be exposed to
mechanical Ilra, chemical. etecbiClli, radiation, I...r, Insect. andlor animal
hazards; and fumes. odolll, water. mud, 8IId dust
Required Contac&8:
Employee COOtdlnams code enforcament activitieS with otl\er County
departmen18 and outlllde agencies. Employee works with contractors and the
general public regarding compliance actlonll. Some contaell will be
confronbllional or .ct.oera.ria' in nature.
Requ'", Ou~"'cllflon.,
Knowledae. AbilitiH. and,Skills-
Ability to underablnd ordir'lancell and procadurel. perform mathematical
cllculatlons and read mapa Ind platll. Ability to read. write, and eommunical9
effectively in person, by Illlephone, and in wrltlng. Ability to operltll personal
computers, 2-way communications eqUipment and photogl'8ClhlcJvideo
equipment. Knowledge of computer software to Include Microsoft Word and
Outlook (e-mell).
It
Minimum Education. Exoertencea and Certification- ,"-- .: . ".~_.
High School diploma or GEO and mllst be allaa,t 21 yeara of age, Must hOI"
Bllslc Peace OfIlcer license and be actively commiSlioned through a working
deplrtment withIn the county. Valid rell8l drivers license with driving record that
meets County guidelines. (Optional) A minimum of one-year college or technical
vocationa' training, and a Code Enforcement training certlficatll.
563
SWAN POINT PARK RENOVATIONS IN PRECINCT #4 - CHANGE ORDERS
Commissioner Finster stated change orders on the Swan
Point Park renovations should have been approved earlier;
Jody Weaver who was working on the project left
Testengeer, Inc. to work for the city and the change
orders have not yet been approved.
A Motion was made by Commissioner Finster and seconded by
Commissioner Galvan to approve the three change orders as
submitted by Testengeer, Inc. for survey, core permit and
additional site inspections for a total of $2,655.40.
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor.
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COASTAL IMPROVEMENT ASSISTANCE PROGRAM - ADMINISTRATION OF
GRANT
Commissioner Finster stated the grant money for the
Coastal Improvement Assistance Program has been received
from NOAH and administration for same is now needed.
A motion was made by Commissioner Finster and seconded by
Commissioner Balajka to hire Golden Crescent Regional
Planning Commission for administration of the Coastal
Improvement Assistance Program grants and authorize the
County Judge to sign the letter agreement. Commissioners
Galvan, Balajka, Floyd, Finster and Judge Marshall all
voted in favor.
LeTTER 01' AGR:EF;MF;NT
BeTWF;EN
THE CoUNTY 01' CALHOUN, TEXAS
AND
TIlE GOLDEN CRESCENT REGIONAL PLANNING COMMISSION
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nus AGREEMENT ENTERED INTO by ~d between tb.e County of Calhoun,
Texas hereinafter called County), wing herein by Arlene N. MarShall: <?,unty Judge,
hereunto duly authoriud, and the Golden C~escent K~giona.l Planning CO~lSSlO?- (GCRPC),
(hereinafter called Commission), acting herem by Pm1ck~, Kennedy. ExecutIve Du-eC1or.
WHEREAS, the County desires to t'ngage the Commission on retainer basis to render
:rn:istance and services in connection with administration of NOAAlT au General Land Office
COas't:U l~pr.overnents grants; and
WHEREAS the Commission will be responsible, 2.t the request of the COI.l.Dty, for
administering parti.dulars of me NOAA/Texas General Land Office Coastal Improvements
contracts the County is currently awa.rded.
1.
NOW, lHEREFORE, the panies due mutually agree as follows:
Compensation and Method of Payment. . F.or tbe services r~:aderl:d by the
Commission, the County will reimburse the Comnussl~n as amou~t-~"" t? ex~e~d ~o
d:r.Ousruld dollars (i2.000.00) for adminjstntive services. AdmrnlstratlVC acuvl:1es
include, but are not limited to; reporting, draw requests, filing, preparing and submitting
amendments and genenoJ guidance.
).
Time of Performance. The serv'i<:,es of the Commission sh2l1 commence on
December 12 2002, and shall tetmwte upon completion of NOAA/Texas General
Land Office' COQ.lraJ Improvements contral:tS. AU of the, services, required. and
performed hereunder shall be completed in a manner conSl!tent With established
guidelines.
Termina.tion. Either pany to this contract may terminate this contract by
giving ~ thirty (30) day written notice to the other party; :all work completed up to such
termination shall ~ the properry or the County of Calhoun.
IN WITNESS, whereof, the County Judge bas executed this agreement this the 12th
day of December 2002.
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2.
COUNTY 01' CALHOUN
du.u.ulr. ~~A.P~' f-L-
Arlene N, M hall, ounty Judge
564
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PORT 0' CONNOR BEACH FRONT PUBLIC PARK IN PRECINCT #4 -
ARMY CORP TO CONDUCT SURVEY
A Motion was made by Commissioner Balajka and seconded by
Commissioner Floyd to authorize Commissioner of Precinct
#4 to sign an agreement allowing the Army CORP to conduct
surveying at the public park on the front beach of Port 0'
Connor. Commissioners Galvan, Balajka, Floyd, Finster and
Judge Marshall all voted in favor.
In discussion, Commissioner Finster stated this appears to
be a re-route of the Intracoastal waterway.
TRANSFER OF FUNDS TO CAPITAL PROJECT/NEW JAIL -
RECLASSIFICATION OF LOAN FUNDS
A Motion was made by Commissioner Floyd and seconded by
Commissioner Finster to reclassify the $37,678.00 prior
transfer from the General Fund to Ca~ital Project/New Jail
as part of the $500,000. loan author~zed on November 27,
2002. Commissioners Galvan, Baljaka, Floyd, Finster and
Judge Marshall all voted in favor.
TWO BROKEN CHAIRS - SALVAGE
A Motion was made by Commissioner Finster and seconded by
Commissioner Galvan to delare one secretary chair and one
executive chair, both broken, as salvage. (They are not
included in the County inventory but stored in Room 216.)
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor.
COASTAL LEASE NO. CL870002 RENEWAL (ESPIRITU SANTO AND
BARROOM BAYS)
A Motion was made by Commissioner Floyd and seconded by
Commissioner Finster to renew Coastal Lease No. CL870002
(Espiritu Santo and Barroom Bays) with the State of Texas
and authorize the County Judge to sign. Commissioners
Galvan, Balajka, Floyd, Finster and Judge Marshall all
voted in favor.
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Texu General
Land Office
November 27, 2002
~'~"^"^^O,<
.~T . ',_' 1,
~;' ::'It:_~,-_~,
\~;>-j
Calhoun County
c/o Hon. Arlene N. Marshall, County Judge
211 South Ann
Port lavaea, TX 77979-4249
.R. rr'l=\'\/'Cn
,Cu._l l.-.'
r.c:', (}::. ~<)
David Dewhurst
Commilswner
Re:
.'-\r:e;1il :\], :',,1;::,~in_'l
Calht~l!n (;'-'-l::,t'l c!l:;~,!:)
Renewal of Coastal Public Lands Coastal Lease No. CL870002
Esprilu Santo Bay and Barroom Bay, Calhoun and Matagorda
Counties, Texas
Dear JUdge Marshall:
According to OUf records, the above-referenced Coastal Lease from
the School land Board for the use of Coastal Public Land owned by the
Permanent School Fund has an expiratlon dale of April 7, 2003.
Please complete the enclosed application and affidavit and relum
them to the General Land Office, TAMU~CC, Natural Resources Center, Suite
2400, 6300 Ocean Drive, Corpus Christi, Texas 78412+5599, within twenty
(20) days of the receipt of this letter. Also enclosed is Exhibit C from the most
recent contract. If you would like to make modifications andfor additions to the
permitted structure, please indicate those changes on the drawing and return
it with the application and affidavit. You do not need to sond any money at
this time.
Your Coastal Lease will be reviewed and an on-site inspection may be
conducted to determine compliance with the current contract.
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Please note that placement of unauthorized structures andfor failure to
obtain the required authorization from this office for the use of Coastal Public
land may subject the responsible party to civil penalties andfor removal of
unauthorized structures by the Stale with recovery of removal costs from the
responsible party or placement of a lien against the adjacent littoral property
(V.CTA. Natural Resources Goda, Section 33.112, 33,3021, and 51.302).
Mitigation costs may also be assessed when necessary to compensate for
damage to natural resources,
If you have any questions, please call me at (361) 825-3030.
Corpus Cl1risti field Office
Texas A&M--COfPUS Christi
Natural Resources Center
6300 Ocean Drive
Suite 2400
CorpusChristi,Texas
78412-5599
361-825-3030
Sincerely, f?--tflJIIIlJr
~~WU-,
Asset Inspection
_ 565
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STATE OF TEXAS
GENERAL LAND OFFICE
APPLICATION FOR RENEWAL OF COASTAL LEASE
GLO ID: CL870002 Expiration Date: Aoril 7. 2003
Please type or print in the blanks below all applicable information. If information requested is not
applicable, Indicate by placing N/A in the blank. ISSUANCE OF THE COASTAL LEASE FOR
WHICH YOU HA VE APPUED IS CONTINGENT UPON VERIFICA TION OF THE INFORMA TION
SUBMIrrED, PA YMENT OF APPROPRIA TE FEES, AND COMPUANCE WITH ALL APPUCABLE
REGULA TORY REQUIREMENTS (see attached notes);
Date:
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I.
Applicant Information (Responsible Party Under Contract):
A. Name: Calhoun County
Mailing Address: 211 South Ann
City/State/Zip: Port Lavaca. Texas 77979-4249
Telephone: (361) 553-4600
B. Please list any changes to demographic information above in the spaces provided below
if applicable:
Name:
Mailing Address:
City/State/Zip:
Telephone: Home (-l
Cell Phone (_)
E-mail Address*:
II. Signature of Applicant: Calhoun County
Work (_)
Fax(_)
By:
(Signature)
(Title)
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Date:
(Printed Name)
*Information collected by electronic mail and by web forms may be subject to the Public Information Act; however; email
addresses of those who correspond with the GLG are confidential and may not be disclosed unless the sender agrees to such.
Page 1
566
STATE OF TEXAS
~
~
~
COUNTY OF CALHOUN
COASTAL LEASE RENEWAL AFFIDAVIT
The undersigned being first duly sworn on oath, states as follows:
1. The undersigned is the grantee under Coastal Lease No. CL870002 (the "CL");
2. The undersigned has applied to the General Land Office (the "GLO") to renew the CL for an additional term;
3. The undersigned has complied with all of the terms of the CL during its term and has complied with all of
the guidelines and ruies of the GLO and the School Land Soard (the "SL8'') applicable to the CL;
4. The undersigned has not made any improvements, additions, or modifications to the Premises, as shown on
Exhibit C, attached hereto and incorporated herein by reference, during the term of the CL, without the
advance written consent of the GLO; and
5. The undersigned acknowledges that the SL8 and the GLO will rely on the truth of the statements contained
herein in issuing the renewal of the CL. In the event that any of the statements herein prove to be untrue,
the renewal CL shall be subject to immediate termination, which will require that the undersigned remove all
structures from the Premises.
GRANTEE: Calhoun County
By:
(Signature)
(Title)
Date:
(Printed Name)
ACKNOWLEDGMENT
STATE OF
~
COUNTY OF
~
This instrument was acknowledged before me on the
day of
. by
of
(Name)
(T7tle)
,a
(Company Name)
(State)
(Business entity type)
on behalf of the
(Business entity type)
Notary Public, State of
My commission expires:
Page 2
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567
Calhoun County
CL870002
State Tract's 240,
241, and 242
October 28, 1999
By: Jay Veselka
Exhibit C
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Barroom Bay and Espiritu Santo
Bay
Marsh
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~_________h_______________________
Mid-
Marsh
.---
//........
Saluria Bayou
.~
C;: Espiritu Santo Bay
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ri ~
"l ".
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~:- 0
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:;;1::;
. gJ- 0
("f 1
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;;;
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TEXAS GENERAL LAND OFFICE
APPLICATION FOR RENEWAL OF COASTAL LEASE
NOTES:
1.
This application must be accompanied by an Easement Renewal Application Fee of Fifty Dollars
($25.00)
2. The application will be reviewed by the GLO Field Office to verify site conditions. Lessee will be
advised regarding term length, special conditions, and payment amounts. It will then be
submitted to the Texas School Land Board (SLB) for consideration. If approved by SLB, a
contract will be prepared and sent to Lessee for signatures.
3. Lessee is advised that in accordance with the easement agreement, unless renewed on a timely
basis, hold-over occupancy beyond the expiration date of the easement is subject to increased
lease payment amounts.
4. Lessee is advised that in accordance with provIsions of the easement agreement, if the
agreement is not renewed, ali private property and man-made improvements must be removed
and the premises returned to pre-easement conditions within 120 days of the expiration date.
Page 3
~;69
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Texas General
Land Office
June 21,2000
David Dewhurst
Commissioner
Calhoun County
211 South Ann
Port Lavaca, TX 77979-4249
Re: Coastal Lease No. CL 870002
Dear Sirs:
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Enclosed is a fully executed original of the referenced coastal
lease authorizing dredging portions of Espiritu Santo and Barroom
Bays in Calhoun and Matagorda Counties.
If you have any questions, please call me at (512) 463-5251.
Sincerely,
Jim Crow
Lease Supervisor
End: 1
Stephen F. Austin Building
1700 North
Congress Avenue
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Austin, Texas
78701.1495
512-463.5001
570
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The State of Texas
Austin, Texas
RENEWAL OF
COASTAL LEASE NO. CL870002
STATE OF TEXAS
s
s
s
s
KNOW ALL BY THESE PRESENTS:
COUNTY OF CALHOUN
COUNTY OF MATAGORDA
This Coastal Lease No. CL870002 (the "Agreement"), is issued by virtue of the authority granted in
Chapter 33, TEX. NAT. RES. CODE ANN. (Vernon Supp.), Title 31, TEX. ADMIN. CODE, Chapter
155 (West), and all other applicable statutes and rules, as the same may be promulgated and/or amended
from time to time.
ARTICLE I. PARTIES
1.01. In consideration of the mutual covenants and agreements set forth herein, the STATE OF TEXAS,
acting by and through the School Land Board and its Chainnan, David Dewhurst, Commissioner of the
General Land Office (the "State"), hereby authorizes Calhoun County ("Lessee") whose address is 211
South Ann, Port Lavaca, TX 77979-4249, telephone number (512) 553-4600, to use the "Premises"
(defined below) for the purposes identified in Article V below.
ARTICLE II. PREMISES
2.01. The coastal public land Lessee may use is described as follows:
A portion of State Tract Numbers 240 and 241 in Espiritu Santo Bay, Calhoun County, and
242 in Barroom Bay, Matagorda County, Texas (the "Premises"). The Premises are further
described and depicted on Exhibits A, B, and C attached hereto and incorporated herein by
reference.
2.02. Lessee acknowledges and agrees that when any authorized improvements are placed on the
Prem ises, the location of such improvements shall thereby become fixed at such location and shall not be
changed except by a written amendment to this Agreement.
2.03. LESSEE HAS INSPECTED TilE PHYSICAL AND TOPOGRAPIIIC CONDITION OF THE PREMISES AND
ACCEPTS TilE SAME "AS IS", IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. TilE STATE
DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS
FOR ANY PURPOSE, AND ANY OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN TillS
AGREEMENT. TilE STATE AND LESSEE IIEREBY ACKNOWLEDGE AND AGREE TIIAT USE OF THE TERM
CL87Q002
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"GRANT" IN NO WAY IMPLIES THAT THIS EASEMENT IS FRI.\,; OF LIE1:", FN,;l'M3KANCES AND/OR
PRIOR RIGHTS. NOTICE IS HEREBY GIVEN TO LESSEE THAT ANY PRIGR (;RANT AND/OR
ENCUMBRANCE MAYBE OF RECORD AND LESSEE IS ADVISED TO EXAMINE THE RECORDS IN THE
ARCHIVES AND RECORDS DIVISION OF THE GENERAL LAND OFFICE, 1700 NORTH CONGRESS AVENUE,
AUSTIN, TEXAS 78701.1495, AND ALL RECORDS OF THE COUNTY AND STATE IN WHICH THE PREMISES
ARE LOCATED. LESSEE IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF THE STATE
REGARDING ANY ASPECT OF THE PREMISES, BUT IS RELYING ON LESSEE'S OWN INSPECTION OF THE
PREMISES.
ARTICLE III. TERM
3.01. This Agreemenl is for a period of five (5) years, beginning on April 8,1998, and ending on April
7,2003, unless renewed or lerminated as provided herein.
ARTICLE IV. CONSIDERATION AND TAXES
4.0 I.. As consideration ("Consideralion") for the righllo use the Premises, Lessee agrees to pay Ihe Slale
Ihe sum of Twenty-Five And 00/100 Dollars ($25.00) for use of the Premises. The Consideration is
payable upon execution of the Agreement. No olher paymenl is required.
4.02. In addition to the above, Lessee shall pay and discharge any and all taxes, general and special
assessments, and other charges which during the term of this Agreement may be levied on or assessed
against the Premises or any improvemenls constructed or installed thereon ("Taxes"). Lessee shall pay
such Taxes at least five (5) days prior to the date of delinquency directly to the authorily, official or entily
charged with collection. Lessee may, in good faith and at its sole cost and expense, contest any Tax and
shall be obligated 10 pay the contested amount only if and when finally determined to be owed.
ARTICLE V. USE OF THE PREMISES
5.01. A. In conneclion wilh Lessee's use of the Premises, Lessee is authorized to maintain the following
improvements: a channel dredged in two sections to a depth not to exceed -5.5" MHT. Section (I) is
approximalely 600' long and 88' wide in State Tract 242, Barroom Bay; and Section (2) is 2000' long and
88' wide in State Tract 241, Espiritu Sanlo Bay for a total encumbrance of228,800 square feet. Timber
markers will be mainlained at 500' intervals along the channel in Slale Tracls 240 and 241 of Espirilu
Santo Bay and 242 of Barroom Bay, as depicted on Exhibit C attached herelo and incorporated herein by
reference ("Improvements"). Lessee shall not use Ihe Premises for any olher purpose wilhout prior
written consent from the State, which consent may be granted or withheld in the State's sole discretion.
Lessee is specifically prohibited from using or pennitting Ihe use of Ihe Premises for any commercial or
illegal purpose. Provided the Stale does not unreasonably interfere with Lessee's use oflhe Premises, the
Slate may use or permit the use of the Premises for any purpose consistenl wilh Lessee's use of the
Premises.
B. Lessee shall comply, and cause ils officers, employees, agents, representalives, contraclors and
invitees to comply, with applicable laws, ordinances, rules and regulations of all governing aUlhorities
with jurisdiction over the Premises. Lessee is specifically nOlified of its need 10 comply with laws and
regulations enacted for Ihe purpose of protecting and preserving public lands and waters.
C. Lessee shall permit the Slate's agents, representalives, and employees to enter into and on the
leased premises at all reasonable times for Ihe purpose of inspection and any other reasonable purpose
necessary to protect Ihe Slate's interest in the leased Premises.
D. Lessee may not eharge any holder of a valid mineral lease or other grant of interest from the
State for surface damages for the use of the leased Premises. All such damage payments shall be made
CL870002 2 rcnewcl.doc v LO
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directly to the State. Lessee, however, may seek compensation for da:nag..;s to ;Je:"sonJ.I property in an
action against the holder of a valid mineral lease or other grar.t-of-iPlerect issl.e.1 hy the State. This
damage limitation in no way limits the liability of third parties i" an &clio,l at law for damages inflicted
upon Lessee by acts of negligence.
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E. Lessee shall use the highest degree of care and all appropriate safeguards to prevent pollution of
air, ground and water in and around the Premises, and to protect and preserve natural reSQur.ces and
wildlife habitat. In the event of pollution of or damage to natural resources in or around the Premises
which is the result of an act or omission of Lessee, its officers, employees, agents, representatives,
contractors, and/or invitees, Lessee shall immediately notify the State and undertake all required and
appropriate action to remedy the same. Lessee shall be liable for all damages and/or mitigation to the
Premises and public lands and waters as a result of such act or omission.
F. LESSEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION
ACT OF 1966, (PB.89-66, 80 STATUTE 915; 9470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191,
TEX. NAT. RES. CODE ANN. (VERNON 1999 SUPP.). IN THE EVENT THAT ANY SITE, OBJECT, LOCATION,
ARTIFACT OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR
HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS EASEMENT,
LESSEE WILL IMMEDIATELY CEASE SUCH ACTIVITIES AND WILL IMMEDIATELY NOTIFY GRANTOR
AND THE TEXAS HISTORICAL COMMISSION, P.O. BOX 12276, AUSTIN, TEXAS 78711, SO THAT ADEQUATE
MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS
APPROPRIATE.
5.02. A. Lessee's use of the Premises is subject to compliance with the following covenants, obligations
and conditions (the "Special Conditions"):
I.
2.
3.
4.
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5.
All maintenance dredging activities are to be confined to the limits of the existing
channel.
Impacts to seagrasses along the edges of the channels are to be strictly avoided.
Depth of the dredged area authorized herein shall not exceed .5.5' HWM.
Lessee shall notify the Texas General Land Office, Corpus Christi Field Office in writing
at least thirty (30) days prior to undertaking any maintenance dredging activities
occurring during the term of this contract and thirty (30) days upon completion.
Lessee will assume responsibility for any impacts to emergent or submerged vegetation
occurring outside the existing channel. If Lessor determines that impacts have occurred,
Lessee shall restore and/or mitigate at a 3:1 ratio by planting three (3) square feet of
vegetation for each square foot impacted at a site to be approved by Lessor.
6. All dredged material (spoil) authorized by this instrument shall be placed and contained
on private property above the limits of mean high water, and Lessee waives any right to
claim ownership of Coastal Public Land as a result of artificial accretion caused by
deposition of dredged material.
7. Navigation aids, consistent with U.S. Coast Guard guidance, shall be installed and
maintained by the Lessee upon completion of construction.
B. Prior to undertaking maintenance, repair or modification actIVItIes with regard to the
Improvements on the Premises, Lessee shaIr provide written notice of the terms of this Agreement,
including the Special Conditions, to each person or entity authorized by Lessee to perform any such
activity on its behalf. Lessee shall retain a copy of each such written notice provided to its agents,
representatives, employees, and/or contractors under this provision and, if a dispute arises concerning
construction or installation of the Improvements, Lessee shall provide the State with a copy of all
applicable notices within ten (I0) days of the State's written request. Lessee's failure to maintain and
provide each required written notice shall constitute a default under this Agreement.
CL870002
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5'.03. If Lessee fails to maintain and/or repair Improvements hJ toad c'Jn::Ution ~nd :-e;:>air, such failure
shall constitute a default under this Agreement and the State may, at it, opti0n, te.-n,in.!e this Agreement
upon written notice to Lessee or pursue a remedy under Section 5 i .3021, TEX. NA T. RES. CODE ANN.
(Vernon Supp.). If Lessee constructs improvements other than those authorized in Article V, such
improvements shall constitute illegal structures and the State may, at its option, terminate this Agreement
or pursue a remedy under Section 51.302, et seg., TEX. NA T. RES. CODE ANN. (Vernon Supp.).
ARTICLE VI. ASSIGNMENTS and SUBLEASES
6.01. LESSEE SHALL NOT ASSIGN THIS AGREEMENT OR THE RIGHTS GRANTED HEREIN, OR
SUBLEASE ANY PORTION OF THE PREMISES, IN WHOLE OR PART, TO ANY THIRD PARTY FOR ANY
PURPOSE WITHOUT THE PRIOR WRITTEN CONSENT OF THE STATE, WHICH MAY BE GRANTED OR
WITHHELD IN THE STATE'S SOLE DISCRETION. ANY UNAUTHORIZED ASSIGNMENT OR SUBLEASE
SHALL BE VOID AND OF NO EFFECT, AND SUCH ASSIGNMENT OR SUBLEASE SHALL NOT RELIEVE
LESSEE OF LIABILITY UNDER THIS AGREEMENT.
ARTICLE VII. INDEMNITY
7.01. LESSEE AGREES TO INDEMNIFY AND HOLD THE STATE, ITS SUCCESSORS, ASSIGNS, OFFICERS,
AGENTS, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES (THE "INDEMNIFIED PARTIES")
HARMLESS FROM AND AGAINST ALL CLAIMS, PROCEEDINGS, ACTIONS, DAMAGES, JUDGMENTS,
LIABILITIES, AWARDS AND EXPENSES WHATSOEVER, INCLUDING STRICT LIABILITY CLAIMS
("CLAIMS") WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE
NEGLIGENCE OF THE INDEMNIFIED PARTIES, THAT MAY BE BROUGHT, INSTITUTED OR AWARDED ON
ACCOUNT OF OR GROWING OUT OF ANY AND ALL INJURIES OR DAMAGES, INCLUDING DEATH, TO
PERSONS OR PROPERTY RELATING TO OR RESULTING FROM, DIRECTLY OR INDIRECTLY, (I) ANY
OCCURRENCE IN, UPON, AT OR FROM THE PREMISES OR ANY PART THEREOF, OR (II) THE USE OR
OCCUPANCY OF THE PREMISES OR ANY PART THEREOF, TOGETHER WITH ANY AND ALL LOSSES
THERETO, INCLUDING, WITHOUT LIMITATION, ALL COSTS OF DEFENDING AGAINST. INVESTIGATING
AND SETTLING THE CLAIMS. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO THAT THE
INDEMNITY PROVIDED FOR IN THIS SECTION 7.01 IS AN INDEMNITY BY LESSEE TO INDEMNIFY AND
PROTECT THE INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF THE INDEMNIFIED PARTIES' OWN
NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE CLAIM. THIS INDEMNITY
SHALL HAVE NO APPLICATION TO ANY CLAIM WHERE THE CLAIM RESULTS FROM THE SOLE
NEGLIGENCE OF THE STATE. LESSEE'S OBLIGATION OF INDEMNITY SET FORTH HEREIN SHALL
SURVIVE EXPIRATION OF THIS AGREEMENT.
ARTICLE VIII. DEFAULT, TERMINATION and EXPIRATION
8.01. If Lessee fails or refuses to remedy a default under this Agreement within thirty (30) days of the
State's written notice specifYing such default, the State may tenninate this Agreement by sending written
notice of tennination to Lessee in accordance with Article IX. Upon the effective date of such notice,
this Agreement shall tenninate and neither party shall have any further rights or obligations except for
those accruing prior to the effective date of tennination and/or those which specifically survive
termination of this Agreement.
8.02. Unless waived in writing by the State prior to termination of this Agreement, Lessee shall, within
one hundred twenty (120) days from the tennination date, remove all personal property, structures and
improvements (including, without limitation, the Improvements) from the Premises and restore the
Premises (and all other property affected by Lessee's removal activities) to the same condition that
CL870002 4 renewcl.doc v 1.0
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existed prior to the placement, construction, or installation the.~-':Jf on the Prem;sl""s. L~ssee's activities
shall be conducted in accordance with General Land Office gu:delin"s il' effeot a. ti,e time of such
activity, including, without limitation, specific techniques requireJ for protection of natural resources and
mitigation, or payment in lieu of mitigation, for damages resulting from removal activity. Upon such
termination Lessee shall notify the State in writing within ten (10) days following completion of Lessee's
removal and restoration activity. Lessee's obligations to perfonn or undertake any specific activity under
this Agreement, including the foregoing removal provision, shall survive termination of this Agreement.
ARTICLE IX. NOTICE AND INFORMATION REQUIREMENTS
9.0 I. A. Any notice given under the terms of this Agreement shall be in writing and either delivered by
hand, by facsimile or sent by United States first class mail, adequate postage prepaid, if for the State to
Deputy Commissioner, Asset Inspections, 1700 North Congress Avenue, Austin, Texas 78701-1495, and
if for Lessee, to Calhoun County, 211 South Ann, Port Lavaca, TX 77979-4249. Any party's address may
be changed from time to time by such party by giving notice as provided above, except thatthe Premises
may not be used by Lessee as the sole notice address. No change of address of either party shall be
binding on the other party until notice of such change of address is given as herein provided.
B. For purposes of the calculation of various time periods referred to in this Agreement, notice
delivered by hand shall be deemed received when delivered to the place for giving notice to a party
referred to above. Notice mailed in the manner provided above shall be deemed completed upon the
earlier to occur of (i) actual receipt as indicated on the signed return receipt, or (ii) three (3) days after
posting as herein provided.
9.02. Lessee shall provide written notice to the State of any change in Lessee address within ten (10)
business days of such change.
9.03. Lessee shall provide the State with infonnation reasonably requested in writing within thirty (30)
days of such request.
ARTICLE X. MISCELLANEOUS PROVISIONS
10.01. Neither acceptance of Consideration or any other sum payable under this Agreement (or any
portion thereof) by the State, nor failure by the State to complain of any act or omission of Lessee, shall
constitute a waiver by the State of its rights under this Agreement. Waiver by the State of any covenant,
duty or obligation of Lessee under this Agreement shall be in writing and signed by a duly authorized
representative of the State. Waiver by the State shall be limited to the act or omission specified in writing
and shall not constitute a waiver of any other covenant, duty or obligation of Lessee under this
Agreement, whether of the same or different subject matter.
10.02. All monetary obligations of the State and Lessee (including, without limitation, any monetary
obligation for damages for any breach of the respective covenants, duties or obligations of either party
hereunder) are performable exclusively in Austin, Travis County, Texas.
10.03 This instrument, including exhibits, constitutes the entire agreement between the State and Lessee
and no prior written or oral or contemporaneous oral promises, warranties or representations shall be
binding. This Agreement shall not be amended except by written instrument signed by the State and
Lessee.
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CL870002
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renewcl.doc v 1.0
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IN TESTIMONY WHEREOF, witness my hand and the Seal of Office :his
_ _ day of
THE STATE OF TEXAS
LESSEE:
Calhoun County
By:
~ fu.illhwuu-
David Dewhurst, Commissioner
General Land Office
Chairman, School Land Board
By: fu~~'Af .;?/?1 ti L~A-"l C
(Signature)
b-I'l-:ZOOO
Arlene N. Marshall
(Printed Name)
County Jud~e
Date: March 10. 2000
APPROVED:
1~. 0
Content: .u:/
Legal: ~~,/.
~puty: _~ .
Executive: &
STATE OF TEXAS
COUNTY OF CALHOUN
Before me a notary public on this day personally appeared Arlene N. Marshall
who aclmowledged that she did sign the foregoing instrument, and aclmowledged to me
that she executed the same for the uses and purposes and consideration therein expressed.
GIVEN UNDER MY HAND and official seal this loth day of March, 2000.
~I cC ....".CL_ c~
Notary Public, State of Texas
RITA MILLER
NOTARY PUBLIC
STATE OF TEXAS
Mil co:,,:,:":.~i(jn Exoires 01-26-2003
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CL870002
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State Tract's 240,
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October 28, 1999
By: Jay Veselka
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INSURANCE SETTLEMENT ACCEPTED FOR LIGHTNING DAMAGE
A Motion was made by Commissioner Balajka and seconded by
Commissioner Floyd to accept the insurance settlement in
the amount of $452.04 for lightning damage on October 22,
2002 in Precinct #3. Commissioners Galvan, Balajka,
Floyd, Finster and Judge Marshall all voted in favor.
S!;f)
ORDER SETl'ING DAY OF WEEK AND LOCATION OF COMMISSIONERS
COURT FOR V"RIU> 2003
A Motion was made by Commissioner Galvan and seconded by
Commissioner Floyd to adopt the Order setting day of week
and location of regular term of Commissioners' Court for
the 2003 calendar year, being the second and fourth
Thursday of the month at 10:00 A.M. at the County
Courthouse or Bauer Exhibit Building. Commissiioners
Galvan, Balajka, Floyd, Finster and JUdge Marshall all
voted in favor.
ORDER SETTING DAY OF WEEK
AND LOCATION OF REGULAR TERM
FOR COMMISSIONERS' COURT
FOR 2003 CALENDAR YEAR
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Motion by Commissioner Roger Galvan, seconded by Commissioner H. Floyd,
and carried, that the following order be entered:
At a regular term of the Commissioners' Court in and for Calhoun County, Texas,
held in the regular meeting of said Court in the County Courthouse in Port Lavaca, Texas,
on the Ith day of December, 2002, with CouhtyJudge Arlene N. Marshall presiding, and
Commissioners Roger Galvan, Michael Balajka, 'H. Floyd and Kenneth Finster present,
and with Deputy County Clerk Shirley Foester in attendance, there having come on for
hearing the matter of determining the day of week and location of the regular term of
Calhoun County Commissioners' Court for t he calendar and fiscal year, 2003, it was
ordered that the regular term shonld be the second and fourth Thursday of each month.
The location of such meetings will be the Commissioners' Courtroom located in the
County Courthouse, Port Lavaca, Calhoun County, Texas or Calhoun COUllty Fairgrounds
Bauer Exhibit Building.
IT IS SO ORDERED this 12th day ofDeoember, 2002.
COMMISSIONERS' COURT OF
CALHOUN COUNTY, TEXAS
By:~~4~-I,
Arlene N. arshall, County Judge
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ATTEST:
MARLENE PAUL, County Clerk
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'ii,'i 1/' '/
.... \. ..." ,d,;. ,.
..;:j;~..;.,,,,..,.,;. iI~.Cle
:. ;:,~:~~/~"::-<::'-'~,;~:>:)1:~\? 'I'; ,
> ."-.."i~\j.,.>,,, ~>
'::; :j:t,,;:-~;:~~.,:'r~ -~~:~:iL~~&:t.'
'I" Y', ."..'l/~"',e'~";':'!)'! . e, -,;:,
> l/lll;ti;~~,::;."t~::':~~l~~{r.~~ /
V'c;nj';{lf;'\ .
...,';--
~ ~SB~OR-COL~ - D~~~g CL~~ - ~ :~ #3 _
$ ~4 - JP #5 - ION _ E 0
OFFTCRR - MONTHT.y REPORTS
e
The Tax Assessor-Collector ~resented her report for
October, 2002 and the Distr~ct Clerk, JP #1, JP #3, JP #4,
JP #5 and Extension service, presented their reports for
November, 2002, and the Public Nuisance Code Enforcement
Officer presented his re~ort through November, 2002.
After reading and verify~ng same, a Motion was made by
Commissioner Galvan and seconded by Commissioner Flo~d
that said re~orts be acce~ted as presented. Commiss~oners
Galvan, Bala]ka, Floyd, F~nster and JUdge Marshall all
voted in favor.
580
e
DONATION FOR ADOPT-A-BEACH PROGRAM
A Mo~io~ was made by Commissioner Galvan and seconded by
Comm1ss~oner Floyd to accept a donation in the amount of
$250.fr~m BP Chemicals for the Adopt-A-Beach Program.
Comm~ss~oners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor.
BUDGET ADJUSTMENTS - VARIOUS DEPARTMENTS - JAIL/SHERIFF
COUNTY AUDITOR - COUNTRY TREASURER ~g=IO~S ~OURT
(3) COMMISSIONER PCT #3 - WASTE __, _. _ #_
DISTRICT ATTORNRY - COMMISSIONER PCT #1 i2i - R~ #1 R&B
#2 - COMMISSIONRRS PCT #2 (4) - R&B #2 - R&B #3 _
COMMISSIONER..<; pC'\' #4 - R&B #4 - HIGHWAY PATROL - AIRPORT-
COMMISSIONER PCT #4
A Mo~io~ was made by Commissioner Balajka and seconded by
Comm~ss~oner Galvan that the follow1ng Budget Adjustments
b~ approved. Commissioners Galvan, Balajka, Floyd,
F~nster and Judge Marshall all voted in favor.
1-
BUDGET AMENDMENT REQUEST
e
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: VAroOUSDEPARTMENTS
DATE: 12/11/02
BUDGET FOR THE YEAR: 2002
e
GLACCOUNTNO. ACCOUNT NAME
DEPARTMENT NAME
BUILDING MAINTENANCE
JANITOR SUPPLIES
GARBAGE COLl.FAIRGROUNDS
REPAlRS.AG BLDG, FAIRGROUNDS
REPAIRS-COURTHOUSE & JAIL
UTILITIES-COURTHOUSE & JAIL
COMM/S$ONERSCOURT
100o-23D-65320 REDISTRICTING
COUNTY CLERK
1000-250.63920 MISCELlANEOUS
1000.250.53020 GENERAL OFFICE SUPPLIES
ELECTIONS
ELECTION SUPPLIES
TRAINING REGISTRATION FEESIfRAVEL
TRAINING TRAVEL OUT OF COUNTY
CONTRACT SEIWICES
TRAVEL OUT OF"COUNTY
MACHINE MAINTENANCE
EMERGENCY MEDIcAL SERVICES
1000-345-53980 SUPPLIES/OPERATING EXPENSES
1000-345-53020 GENERAL OFFICE SUPPLIES
HEALTH DEPARTMENT
1000-350.53970 MEDICAUOTHER SUPPLIES
1000.350.53020 GENERAL OFFICE SUPPLIES
COUNTY COURT
MENTAL COMMITMENT SERVICES
DEFENSE ATTORNEY IN LUNACY
COURT REPORTER-SPECIAL
COUNTYCOURT-AT.LAW
100D-410-63380 LEGAL SERVICES.COURT APPOINTED
DISTRICT COURT
1000-430.63380 LEGAl SERVICES-COURT APPOINTED
CONSTABLE PRECINCT NO.5
1000-620.53430 LAW ENFORCEMENT SUPPLIES
1000-620-72500 EQUIPMENT.RADIO
Tota/ for GENERAL FUND
1000-170.53640
1000.170-62670
1000-17D-65450
1000.17D-65454
100o-17D-66604
381 LINE ITEM TRANSFER
48
926
600
(1,955)
(2,231) FOR LEGAL SERVICES-COURT APPOINTED
6 LINE ITEM TRANSFER
(6)
1000-270-53361
1000.270-66310
1000.270.66316
1000-270-61240
1000-270-66496
1000-270-63500
96 LINE ITEM TRANSFER
(300)
(300)
(760)
(300)
1,564
121 LINE ITEM TRANSFER
(121)
48 LINE ITEM TRANSFER
(48)
1000-400-63800
1000-400.61640
100D-400-61460
481 LINE ITEM TRANSFER
(400)
(81)
2,031 AS NEEDED
APPROVED
200 AS NEEDED
500 FOR NEW llGH BAR
(500)
o
DEe 1 2 2002
NET CHANGE IN TOTAL B DGET
581.
BUDGET AMENDMENT REQUEST
1000-180.64910
1000-180-86316
1000-180.64880
1000-760-63920
1000-760-63020
1000-760-66192
1000-760-66498
1000-760-53210
1000-760-83630
1000-760-66316
1000-760-53540
1000-760-53992
1000-760-53430
1000-760-60360
'-
582
&
PRISONER MEDICAL SERVICES
TRAINING TRAVEL OUT OF COUNTY
PRISONER LODGING OUT OF COUNTY
DEPARTMENT TOTAL
SHERIFF
MISCELLANEOUS
GENERAL OFFICE SUPPLIES
TELEPHONE SERVICES
TRAVEL OUT OF COUNTY
MACHINERY PARTS/SUPPLIES
MACHINERY/EQUIPMENT REPAIRS
TRAINING TRAVEL OUT OF COUNTY
GAS/OILJDIESEL
SUPPLIES-MISCELLANEOUS
LAW ENFORCEMENT SUPPLIES
AUTOMOTIVE REPAIRS
DEPARTMENT TOTAL
Totsl for GENERAL FUND
ET
6.451 LINE ITEM TRANSFER
1,022
(15,906)
(8.433)
204 LINE ITEM TRANSFER
335
1,644
151
9
22
1,182
3.288
282
342
974
8.433
o
APPROVED
DEe 1 2 2002
~e
e
... --.:.~....
e
e
e
e
BUDGET AMENDMENT REQUEST
3
Total for GENERAL FUND
NET CHANGE IN TOTAL BUDGET
~
APPROVED
DEe 1 2 2002
583
II BUDGET AMENDMENT REQUEST II
TO: Calhoun County Commissioners' Court
From: C~. ~~JOJ.J-.....
(Departme~making this request)
Date: /2-- '7-02--
I request an amendment to the ;2 0 <7.2----- budget for the
(year)
following line items in my department:
GL Account #
Amendment
Account Name Amount Reason
~~---:---~-- ------------- -------------------
,,~:~ -r-5J~OO \~
~" ~~ -3/-'> ,ffV __~
/(JdO-2JO~665/6
/mJ-;!/O -SifJ20
r,
Net change in total budget
for this department is:
Other remarks/justification:
DEe 1 2 2002
$
- eJ-
c=cc=c=c=c===
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of official/department head: ~~~V ~~_
Date of Commissioners' Court approval:
Date posted to General Ledger account(s):
- 584
e
~
e
41
e
e
e
,..-. I
IIBlJDGET AMENDMENT REQUEST II
5
To: Calhoun County commissioners' Court
From:
(I 0 "'- W'-- (',-j-
(Department making this request)
Date:
l (, J-c,- O~
I request an amendment to the dO o;;;z.. budget for the
(year)
following line items in my department:
GL.Account #
Amendment
Account Name Amount Reason
----------------~- ------------- -------------------
---3il- {.,3JD
:z,,~ i.o?,:l'iv
-2:;0. Dv 'cl7{,SJ p b-tJ J lj hJ..7
19 So'87'f'CJO (b..n;t. et"ch on <'~~)
LI'5,cJ. St'I,/'Ll::,
L'~r'ct n~h u.~
~OV[D
-.=
DFr: 1 ? ZOO?
[ -
Net change in total bUdget
for this department is:
other remarks/justification:
$
{J
r understand that my budg~t cannot be amended as requested rrntil
Commissioners' Court approval is obtained.
Signature of official/department head: r::t.'L~1llt~J<-
Date of cornmission~rs' Court approval:
Date posted to General Ledger acCount(s):
585
BUDGET AMENDMENT REQUEST
AMENDMENT
AMOUNT
200 ADDITIONAL AMOUNT NEEDED FOR
(200) REGISTRATION FEES FOR MIKE PFEIFER
Total for GENERAL FUND
o
~b1:,,-- ~tl,_
o
NET CHANGE IN TOTAL BUDGET
, ---,-,:"'--"-" '~'-'-'-",,~
j.\... P ,~;'! f, \7;:::;--0'
~, if l{., :'vt:
----..-- ,- ,.----::---
DEe I? (002
S8G
e
Co
e
e
e
e
e
IIBUDGET AHENDIUlNT REQUEST~
From:
To: Calhoun County commissioners' Court
(lO/'YLN- Crf
(Department making this request)
Date:
/CJ.. - 3- 0,,"-
I request an amendment to the ,;)00 ~
(year)
following line items in my department:
GL Account #
----------~SS5D
C> 30 &" ;X'
;) 30 - t" '17:10
Account Name
------------------
109;) c ~v.i &rvJces
/"cY.J l-oC"jC
Net change in total bUdget
for this department is:
other remarks/justification:
~- ,
t
budget for the
Amendment
Amount
--....-----......---
ScJdd
+ ScJ oj
$
-0-
Reason
-------------------
r:P J-iI ~ -;,53 c.
I tPPF{O\lFD
I-L ore '2 "" ]:
r understand that my budget cannot be amended as requested until
Co~issioners' Court approval is obtained.
Signature of Official/department head: -7t?"* ~~ /..v<---
Date of Conuuissioners' Court approval: t2t.--U7-- )1<\ ",",V~F-:.6'('<,j
/~-1:2-0:;L
Date posted to General Ledger account(s):
587
e
~
~UDGET J\MENDMENT REQUEST II
To: Calhoun County Comr.,iss iO:1ers' Court
From:
Precinct 3
Date:
(Oe.I'''-t:'tment maJ.:ing this request)
12/04/02
I request an amendment to the 2002
(year)
following line items in my department:
budget for the
<:~ J~==~':~! _~_
230-63503
Amen~ment
Account Name Amount Reason
------------------ ------------- -------------------
Maintenence-Communi-
$1,000.00
x:ation Network
230-65320
.!'edistricting
<$1,ooo.oij;>
-
IOd~<!){)-oa
$')1 .00
DEe 1
e
560-53630
Insecticides/
pesticides
'Ii)
~?b~CJ.'t9>7
560-73400
Machinery Equipment
.
Net change in total budget
for this department is:
Other remarks/justification:
s
-0-
-------------
-------------
I understand that my -budget cannot be amended as requested until
Commissioners' court approval is obtained.
signature of official/department head: ~ ~~ '-.
Date of Commissioners' Court approval:
4t
Date posted to General Ledger account(s) :
588
e
e
e
I
CalhouT:1 County Cornrn:i.ssJoners I Court
-0cdc-~___________
(JDepartmem: mak,.ng this reauest)
I _
~fh_______
To:
Prom:
Date:
~~-~~~~~~~~~~~~~~]
. -----'----
q
I request ari amendment to the ~Q~..__. budget:. for the
\ ye-a-r;~
following 1.iJne i.tems in my dE~pa:('t{nent;
GL Account Iii
---_.~_...._---,~-
310 {d'),~24j
SID.~!;l_QQj
'--'-~-'---i
-------
,
-----!
,
'--.___,i
.,----------
--_.~---_..
Amendment
-- - ~=S~::~!: _l!~~." .... ___ ~:.?::::!: _,"." ~
~-Q1e~-- -71} ./XL___
dM1JjffJiY(J:lI)M> --- -~_fl0.____
-_._-_._----_...~-.~~---- -------...-.-
-----_.~.-.._---_._~-- ---.----.----.-
~----------
--_._--,~--~~_.._.__.- -------..--
Reason
--------------____A'
yt/tA flA1d iiI i~.~
fePROViill--
------
__ ~E" I 2 20~~____
------.--.------
---~-----'----_._---- ----..----.---.-..-- -.----.--------
-------_.~--_.
Net Change i~ total budget
for this depqrtment is:
Other remark~/justification:
:;; =",,,,-Et::======
-------.----------
---~------_.__.
-_._--~-.......--------_._-"--,-,.__._-_._"------_._---------~_._----_._------
.T understand !':hat H1Y budget cannot be amended as r'equested until
Commissioners' Court approval i8 obtaineD
Signature of loffidal/depilrtment head: J::'~Q,,~.k.~[[__.____.____
Date of Commi!ssioners! cI)urt approval:
~--'----~'------"---
.-.------.....-..__.____.___u_.__.__.__.,_.._._.__.
---_._--_.._._._~-------
._._---------~_.-._-
I
Date posted t,o General Ledger account (8) :
-.--..-------.----
589
e
~BUDGET AMENDMENT REQUESTij
\0
To:
Calhoun County Commissioners' Court
From:
JUSTICE COURT PCT. 5 CALHOUN COUNTY
(Department making this request)
Date:
12,110/2002
I request an amendment to the 2002
(year)
following line items in my department:
budget for the
GL Account #
-_......---------
-----------_...----~ ------~------
Amendment
Account Name Amount
Reason
---------------~---
4<10--61340
63500
Copy Machine,"Lease -294.~
transfer to telephone
66192
Machine Maintenance -134.00
Telephone Service + 428.~
transfer to telephone
shortfall teleohone e
services
APPR()\/r:r-
I -,- ---'--~'::!
- UEC
) 2 2002
- J
--
Net change in total budget
for this department is:
-u-
$ =~~~==1:0=======
Other remarks/justification:
Changes in telephone services, brought on an unexpected short fall in
telephone service account. will not need funds in #61340 & 63500, for
2002.
I understand that my budget cannot be amended
Commissioners' Court approval is obtained.
Signature of official/department head:
Date of Corn~iaaioncra' Court approval:
Date posted to General Ledger account{s) :
~550
e
e
e
II BUDGET AMENDMENT REQUEST II
To:
Calhoun County Commissioners' Court
From:
Criminal District Attorney
(Department making this request)
Date:
December 9, 2002
I request an amendment to the 2002
(year)
following line items in my department:
11
budget for the
GL Account #
Amendment
Account Name Amount
510-53020
General Office Supplies + $ 25.00
510-61340
Copy Machine Lease
+ $272.00
+ $122.00
- $419.00
510-70500
510-66980.
Books - Law
Witness Fees
Net change in total budget
for this department is:
other remarks/justification:
$ 0.00
-------------
-------------
Reason
- -t~- ;;'y- f~; -n-ecessary-
expenses
.. "-
APPROVFf)
. . .......-
DEe 1 2 2002
I understand that my budget cannot be amended as requested until
commissioners' Court approval is obtained.~ , .~~ ~
Signature of official/department head: ~~
Date of Commissioners' Court approval:
Date posted to General Ledger account(s):
591
e
l~
!IBUDGET AMENDMENT REQUESTII
From:
To: Calhoun county commissioners' Court
~=n~
/ .?J/Io ~/tJ '^
Date:
M :/1:./
this request)
I request an amendment to the ~t?o?
year
following line items in my depattment:
GL Account #
5.,0- 5'.3'1'15'
.5<# - .53b30
6r;-~-.53rfq
.5 9<1- .535,q tJ
.5'#- 5N~rJ
5Y-tJ- ~tJ.J.;I,o
.51& - tPtG If A
.5'#- .I3'~-? 0
budget for the
Amendment
Account Name Amount Reason
------------------ ------------- ---------------
YM<i/~
":.brAu.1<<<du/:AA77 .
~ I
. - -q'.A2<' '
/q~ e~n~PA
~AU~Md~
/511. ~iuM .
/~/'I.ku..,!RA/)/m ..50(}-
~ ~;;-=?
.3S0
//~tJ -
~6~-
- / 7.s- ---
.
/;:{~ -
/ cJ ---
\
-'v
Net change in total budget
Cor this department is:
$ -0-
Other remarks/Justification:
( understanej l:hat my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Stgnature of official/department head:
1~?t>>C~)
e
Date of Commissioners' Court approval:
D.aJ:.e po.s.r.e.d t.o GeDe.J:al Ledger account (s) :
592
e
e
e
II BUDGET AMENDMENT REQUESTII
To:
Calhoun County Commissioners' Court
Feorn:
i!~----~ I!d-.#-I
(Department making this request)
Date:
/~ () </- 0 d--
I request an amendment to the .;( V'i-'O\
(yeae)
following line items in my department:
13
budget for the
[ unders~an(j l:hal my budget cannot be amended as requested until
CommisSioners' Court approval is obtaIned
Scgnature of offLcLal.(department head: . /~c.~)
Date oE Commissioners' Court approval:
GL Account #
Account Name
Amendment
Amount
------------------
..5~() --6'"45",;( 0
6;10 53550
~.jt,PaUc ~~oo-
X.wm~ ~Pf,.;?tJo. '>-
,
Net ctlange in total budget
[or this department is:
s -0-
-------------
-----~-------
O~tler remarks/justification:
Reason
APPROVEf
ute 1 Z 2002
D.al:.e p.o.sJ:.e.d t.o Gene.ra.l Ledger account (s)
593
BUDGET AMENDMENT REQUEST
o
~~"'-~
o
594
APPROVED
DEe 1 2 2002
e
ty,
fa
e
e
e
e
I:)
BUDGET AMENDMENT REQUEST
1000.520.90005
(900)
1000.550.53510
900 AUCTION PROCEEDS FROM SALE OF PCT 2 ITEMS
o
APPROVED
--
DEe 1 2 2002
595
;:"
"
e
'.
,~BUDGET AMENDMENT REQUESTij
I~
;~ >;",
~o: Calhoun County Commissioners' Court
From: (1)]. to. 9G\;- '"* ~
(Department making this request)
Date:
n-5-o~
I request an amendment to the
..:Go()J......,
(year)
department:
budget for the
following line items in my
55D- (ob5d.D
!55b-(p151D
------------------ ------------- -------------------
Amendment
Account Name Amount Reason
~~-~c:c:c:~~!_L
~
~.JtP\plV\eN ~WoJ
IdO.DO
<,ctD.ctf7
e
APPROVED
I ,to 12 "'2 - ~
I
Net change in total budget
tor this department is:
other remarks/justification:
$ -8-
============r.::
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of official/department head: _~\~~
.
Date of Commissioners' Court approval:
e
Date posted to General Ledger account(s):
596
"t"
~
~~.,
~"', ~'
f'
f;- r;'
, I'
;~k
lP;r
1{:'\
,
~BUDGE~ AMENDMENT REQUEST~
~1
e
To: Calhoun County Court
From: ~
his request)
Date:
}:J...-5-o;L
I request an amendment to the aVO;).., budget for the
(year)
following line items in my department:
GL Aooount # Aooount Name
------------- --------j---------
5!5D ~13tOD .rvtOlcJi. ~ fj/J/,LJ'
55D-~3l):W lJrl:::. f _bes
~------------ -------------------
Amendment
Amount Reason
< 5CD-a3)
SOQ.DO
APPRC)ir:r"'\
_ v t:!}
--
UEC 1 2 2002
e
Net ohange in total bUdget
tor this department is:
Other remarks/justification:
$~
-------------
-------------
I understand that my bUdget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of official/department head: [; ~
Date of Commissioners' Court approval:
Date posted to General Ledger account(s):
e
597
~~: "
10-. ",
1:. ..
I'. .
I:,"
{J. :
,'t'o "
~:' :
W'.f
e
I~
~BUDGET AMENDMENT REQUESTij
To:
Calhoun County Commissioners' Court
M to. p~ ~::z
(Department making this request)
From:
Date:
10l.-5-D~
I request an amendment to the 2002- budget for the
(year)
following line items in my department:
~;-~~!:'~~~~-~-
------------------ ---,---------- -------------------
Amendment
Account NAme Amount ReAson
55o-53qq~
550 - o3f.aCfO
mIse" SL)~
JI1 m~ ( S;J{J(J/es
55.00
<55:0lJ)
EO
o
Net change in total bUdget
tor this department is:
other remarks/justification:
$--6
-------------
-------------
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained. I ~~^ ..~~~
Signature of official/department head: t:~~~tf/
Date of Commissioners' Court approval: ~
Date posted to General Ledger account(s):
598
l~' '
)~~ ,',
,-", \
r?' c
;-. ~
i~~
B "
;i~, },
j!r~:
ff~-
. "'-'.'-'_'.'_.~_. .........._e- .~......".-~...',~.~__..._"'.,.,.~._.~....,,_._._
~BODGET AMENDMENT REQOEST~
)q
To:
Calhoun County Commissioners' Court
(k~~l)f\ C'AJu~~ 9refJJ\Ct ft;{
(Department ma ng this request)
be(l.Qxy\hf'J 51 0;;;' -
From:
e
Date:
I request an amendment to the " ~ DO f budget for the
year
following line items in my department:
GL Aooount #
--....-.................-..
AlIlendment
Aooount Name AlIlount Reason
------...---...-...----- ----...-------- -------------------
5so - ~w~ot \)'hh-\-le5 :150- 00
55D-tfrlQl,a14 ?~(k5- D-h1the> <;)..')0.00)
DEe
e
Net change in total budget
tor this department is:
Other remarks/justification:
~
-e-
-------------
-------------
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of official/department head: c:Ul~
Date of Commissioners' Court approval:
Date posted to General Ledger account(s):
e
599
BUDGET AMENDMENT REQUEST
e
20
AtcL~OVED
1---------____
'-' c" i <- Lvv2
e
e
600
BUDGET AMENDMENT REQUEST
ell
e
NET CHANGE IN TOTAL BUDGET
e
e
o
r
I
I
.__.,._._---.~_. ..-.-.-..
~" r ~""" ':."
\,/ t~ L)
/,
I
l_
l....c..
601
--
~
!IBUDGET AMENDMENT R.EQUEBTI]
To: CalhOU(\~Ounty Commissioners' Court
From: ~~
(Department making this request)
Date:
lJ,- 4- 0:1
I request an amendment to the ~()()~ budget
year
following line items in my department:
for the
GL ACcoun't #
-------------
------------------ ------------- -------------------
1\lIlendlIlent
Aceount Name 1\lIlount Reason
5!JV.531030
5'70- 535QS
6'70- 53500
~
~~
.700,fX)
5n(), CO
i500, CO
~A~{) ,a'p.1'rl ~ Vf-\N
e
5'7D53510
KM ~ Bu-d~
< J// DO,OO)
~ DEC12 am t
.'
Net change in total budget
for this department is:
Other remarks/justification:
$
-0 -
----------
-----------
I understand that my budget cannot be amended as
Comm""oooc,' CO"C' .,'co.., ,. Ob"'00d~
Signature of official/department head:
. . V'-"
Date of Comm1ssLoners' Court approval:
requested nntil
-L-~
CJ
e
. Date posted to General Ledger account(s) :
. 602
e
e
e
C:Z3
BUDGET AMENDMENT REQUEST
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: RIB PRECINCT 4
DATE: 12/11/02
BUDGET FOR THE YEAR: 2002
APPROVED
DEe 1 2 2002
_ 603
~-
Je{ e
II BUDGET AMENDMENT REQUEST II
From:
To: Calhoun County commissioners' Court
H/6!fWAy P/9772.DL
(Department making this request)
Date:
IZJZ-/tJ~
I request an amendment to the '2002-
(year)
following line items in my department:
GL Account #
-------------
,,) d-Cr- .57803
SF=! J 0
5/CJ2.D
Sf q 50
c:'f,.'f7Ce.
~Ul;,,~
UJJ<f~
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budget for the
Amendment
Account Name Amount Reason
------------------ ------------- -------------------
~B5- ~
72_. SouAt.-
t:.leVGPllS ~ ~~ n;
~15- /::~~.p - 301 q..j3-
!3elVf:FIT5- Re:Tl2b7J;lt!15 - 172. f)3
Se!.Vit:~-S - 7J::""~Tlj - C; ~ . ./dJ
C~. .- 1kP:~ee
"'(!/\.vI .J ~ f
~ &J1~..y' d..; i /; cJ
c;~.~v&~~ 1'11q ()
R
~~
-5'73.83
-/15, t/--B-
r '~, 1 1"'\'1
, ~
_-.0-
Net change in total budget
for this department is:
other remarks/justification:
$ =jp=~lJ2==
I understand that my budget cannot
Commissioners' Court approval is
un ~l
signature of official/department head:
e
Date of Commissioners' Court approval:
Date posted to General Ledger account(s):
604
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Jt)'
BUDGET AMENDMENT REQUEST
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: AIRPORT
DATE: 12/11/02
BUDGET FOR THE YEAR: 2002
AMENDMENT
AMOUNT
265
357
(622)
o
ET
2
APPROVED
-------.--.--.--
DEe 1 2 2002
605
e
II BUDGET AMENDMENT REQl1ESTII
To: Calhoun County Commissioners' Court
From: ?d ~ c{--
(Department making this request)
APPROVED
[~-_._-~
DEe 1 ~ 2002
...---
Date: 1'2 - ) 2 - Z () D"L-
I request an amendment to the ;]OO:J- budget fo he
(year)
following line items in my department:
GL Account #
~ 5'-;-~-5~~~O
55u - 535/D
Account Name
Amendmen t
Amount Reason
f ~ 7S!~' '-':r<.-
Jo,o(X).~ ~
/ .J'
'36, 000
/
e
Net change in total budget
for this department is:.
Other remarks/justification:
$ -0
=:::::::::=:::::::::=::::::::::::
e
I understand that my budget cannot be amended s requested until
Commissioners' Court approval is obtained.
Signature of official/department head:
Date of Commissioners' Court approval:
Date posted to General Ledger account(s) :
606
e. e -30 P"-'jLS CIOd- +
CALHOUN COUNTY, TEXAS cl5 fC-arf"cZ j
Unposted Budget Transactions. EXPEND.ADJUSThfENTS FOR 12112/02
BOO262 - BUDGET ADJUSTMENTS FOR 12/12/02
Fund Effective
Code Date Fund Title Transaction Description Oept Title aL Title Increase Decrease
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER BUILDING MAINTENANCE JANITOR SUPPLIES 381.00
1000 12/1212002 GENERAL FUND LINE ITEM 1RANSFER BUILDING MAINTENANCE GARBAGE 48.00
COLL.FAlRGROUNDS
1000 121l2/2002 GENERAL FUND LINE ITEM 1RANSFER BUILDING MAINTENANCE REP AIRS.AG BLDG. 926.00
FAIRGROUNDS
1000 12/12/2002 GENERAL FUND UNE ITEM TRANSFER BUILDING MAINTENANCE REPAIRS-COURTHOUSE 600.00
AND JAIL
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER BUILDING MAINTENANCE UTILfI1ES-COURTHOUSE 1,955.00
AND JAIL
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER JAIL OPERATIONS PRJSONER LODGING.QUT 15,906.00
OF COUNTY
1000 12/1212002 GENERAL FUND LINE ITEM TRANSFER JAIL OPERATIONS PRISONER MEDICAL 6,451.00
SERVICES
1000 12112/2002 GENERAL FUND LINE ITEM TRANSFER JAIL OPERATIONS TRAINING TRAVEL OUT OF 1,022.00
COUNTY
1000 12/12/2002 GENERAL FUND LINE ITEM 1RANSFER COUNTY AUDITOR GENERAL OFFICE SUPPLIES 800.00
1000 1211212002 GENERAL FUND LINE ITEM TRANSFER COUNTY AUDITOR PHOTO COPIES/SUPPLIES 800.00
1000 12/1212002 GENERAL FUND INVESlMENT OFFICER COUNTY TREASURER GENERAL OFFICE SUPPLIES 315.00
TRAINING
1000 12/12/2002 GENERAL FUND INVESTMENT OFFICER COUNTY TREASURER TRAINING TRAVEL OUT OF 315.00
TRAINING COUNTY
1000 12/12/2002 GENERAL FUND BOND ELECTION NOTICES COMMISSIONERS COURT LEGAL NOTICES 874.00
1000 12/12/2002 GENERAL FUND ADDffiONALAMOUNT COMMISSIONERS COURT LEGAL SERVICES 200.00
NEEDED FOR
REGISTRATION FOR MIKE
PFEIFER
- 1000 12/12/2002 GENERAL FUND PO #22536 COMMISSIONERS COURT LEGAL SERVICES 50.00
1000 12/12/2002 GENERAL FUND BOND ELECTION NOTICES COMMISSIONERS COURT LEGAL SERVICES 874.00
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER COMMISSIONERS COURT MAlNTENANCE-CO
NETWORK
1000 12/12/2002 GENERAL FUND ADDffiONAL AMOUNT COMMISSIONERS COURT MISCELlANEOUS 20007
NEEDED FOR ')-;.,
REGISTRATION FOR MIKE =
PFEIFER i "
,
, --")
1000 12/12/2002 GENERAL FUND PO #22536 COMMISSIONERS COURT POSTAGE LL'~~
1000 12/12/2002 GENERAL FUND LINE ITEM 1RANSFER COMMISSIONERS COURT REDISTRICTING .'> ial 1,000.00
1000 12/12/2002 GENERAL FUND FOR LEGAL COMMISSIONERS COURT REDISTRICTING 2,231.00
SERVICES-COURT 8 1<
APPOINTED '" m
1000 12/12/2002 GENERAL FUND LINE ITEM 1RANSFER COUNTY CLERK GENERAL OFFICE UPP 0 6.00
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER COUNTY CLERK MISCELLANEOUS 6 0
~ 1000 12/12/2002 GENERAL FUND LINE ITEM 1RANSFER ELECTIONS ELECIlON SUPP S 96
0 D<ttc;12l1110205;22;2QPM Page: I
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0 CALHOUN COUNTY, TEXAS
r:tJ Unposted Budget Transactions - EXPEND.ADJUSTMENTS FOR 12112/02
BOO262 - BUDGET ADJUSTMENTS FOR 12/12/02
Fund Effective
Code Date Fund Title Transaction Description Dept Title GL Title Inerease Decrease
1000 1211212002 GENERAL FUND UNE ITEM TRANSFER ELECTIONS CONTRACT SERVICES 760.00
1000 12/12/2002 GENERAL FUND UNE ITEM TRANSFER ELECTIONS MACHINE MAINTENANCE 1,564.00
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER ELECTIONS TRAINING REGISTRATION 300.00
FEESiTRA VEL
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER ELECTIONS TRAINING TRAVEL OUT OF 300.00
COUNTY
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER ELECTIONS TRAVEL OUT OF COUNTY 300.00
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER EMERGENCY MEDICAL GENERAL OFFICE SUPPLIES 121.00
SERVICES
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER EMERGENCY MEDICAL SUPPL~OPERATING 121.00
SERVICES EXPENSES
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER HEALTH DEPARTMENT GENERAL OFFICE SUPPLIES 48.00
1000 12112J2002 GENERAL FUND UNE ITEM TRANSFER HEALTH DEPARTMENT MEDICAUOTHER SUPPLIES 48.00
1000 12/12/2002 GENERAL FUND YEAR.END WASTE MANAGEMENT AUTO ALLOWANCES 71.00
REIMBURSEMENT
1000 12/1212002 GENERAL FUND YEAR.END WASTE MANAGEMENT LANDFILL CLOSURE 71.00
REIMBURSEMENT
1000 12/1212002 GENERAL FUND LINE ITEM TRANSFER COUNTY COURT COURT REPORTER-SPECIAL 81.00
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER COUNTY COURT DEFENSEATIORNEYIN 400.00
LUNACY
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER COUNTY COURT MENTAL COMMlTIMENT 481.00
SERVICES
1000 12/12/2002 GENERAL FUND AS NEEDED COUNTY COURT.AT-LAW LEGAL SERVICES-COURT 2,031.00
APPOINTED
1000 12/12/2002 GENERAL FUND AS NEEDED DISTRICT COURT LEGAL SERVICES-COURT 200.00
APPOINTED
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER JUSTICE OF COPY MACHINE LEASE 294.00
PEACE-PRECINCT #5
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER JUSTICE OF MACHINE MAINTENANCE 134.00
PEACE-PRECINCT #5
1000 12/1212002 GENERAL FUND LINE ITEM TRANSFER JUSTICE OF TELEPHONE SERVICES 428.00 -'
PEACE-PRECINCT #5 =
0Tl
1000 1211212002 GENERAL FUND UNE ITEM TRANSFER DISTRICT ATIORNEY GENERAL OFFICE SUPPU n 25.00
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER DISTRICT ATIORNEY COPY MACHINE LEASE ~ m.OO:::n!
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER DISTRICT AITORNEY WllNESS FEES .'" idl 419.00
1000 12/1212002 GENERAL FUND LINE rrEM TRANSFER DISTRICT A TIORNEY BOOKS-LAW ~122t<1
1000 12/12/2002 GENERAL FUND AUCTION PROCEEDS FROM OTHER FINANCING GAINILOSS ON SALE OF co' 900.00
SALE OF PCT 2 ITEMS ASSETS '" m
1000 \211212002 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRlDGB SVPPL s 0 22.00
BRlDGE.PRECINCT #1
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND TIRES AND ruBES 175.00
BRIDGE-PRECINCT #1
Date: 12fllI02D5:22:2DPM e e Page: 2 e
e e e
CALHOUN COUNTY, TEXAS
Unposted Budget Transactions - EXPEND.ADJUSTMENTS FOR 12/12/02
BUD262 - BUDGET ADJUSlMENTS FOR 12/12/02
Fund Effective
Code Date Fund Title Transaction Description DeptTitle GL Title Increase Decrease
1000 12112/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND LUMBER 2,200.00
BRIDGE-PRECINCT #1
1000 12112/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND INSECTICIDESIPESTICIDES 1,120.00
BRIDGE-PRECINCT #1
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND JANITOR SUPPLIES 126.00
BRIDGE-PRECINCT #1
1000 12/1212002 GENERAL FUND LINE ITEM TRANSFER ROAD AND SUPPLIES-MISCEUANEOUS 665.00
BRIDGE-PRECINCT #1
1000 12/1212002 GENERAL FUND LINE ITEM TRANSFER ROAD AND UNIFORMS 350.00
BRIOOE-PRECINCT #1
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND BUILDING REPAIRS 10.00
BRIDGE-PRECINCT #1
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND BUILDING REPAIRS 2,200.00
BRIDGE-PRECINCT #1
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND LEGAL SERVICES 2.946.00
BRIDGE-PRECINCT #1
1000 12/1212002 GENERAL FUND LINE ITEM TRANSFER ROAD AND TELEPHONE SERVlCES 500.00
BRlOOE-PRECfNCT #1
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND UTILITIES 22.00
BRIDGE-PRECINCT #1
1000 12/12/2002 GENERAL FUND AUCTION PROCEEDS FROM ROAD AND ROAD & BRIDGE SUPPLIES 900.00
SALE OF PCT 2 ITEMS BRIDGE-PRECINCT #2
1000 12/1212002 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 404.00
BRIDGE-PRECINCT #2
1000 12/12/2002 GENERAL FUND llNE ITEM TRANSFER ROAD AND TIRES AND TUBES 500.00
BRlDGE.PRECINCT #2
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND JANITOR SUPPUES 5S.00
BRIDGE-PRECINCT #2
1000 12/12/2002 GENERAL FUND llNE ITEM TRANSFER ROAD AND SUPPLIES-MISCEllANEOUS S5.00
BRlDGE.PRECINCT #2
1000 12/12/2002 GENERAL FUND llNE ITEM TRANSFER ROAD AND BUllDING REPAIRS 720.00
BRIDGE-PRECINCT #2 1p
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND EQUIPMENT RENTAL 720.00
BRIDGE-PRECINCT #2 = L~O'
rn 4ili1
1000 12/1212002 GENERAL FUND LINE ITEM TRANSFER ROAD AND MISCEllANEOUS ("')
BRlDGE.PRECINCT #2 :FJ
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND UTIUllES .,-> , ~e
BRlDGE.PRECINCT #2
"" <
1000 12/1212002 GENERAL FUND LINE ITEM TRANSFER ROAD AND UllLlTIES.P ARKS = 250.00
BRlDGE.PRECINCT #2 ~ m
1000 12/12/2002 GENERAL FUND llNE ITEM TRANSFER ROAD AND MACHINERY AND 0 500.00
BRIDGE-PRECINCT #2 EQUIPMENT
\J)
0 Dal:e;I2III!020S:22:20PM Page: 3
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Fund
Code
1000
lOOO
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
lOOO
1000
1000
1000
1000
1000
1000
1000
CALHOUN COUNTY. TEXAS
Unposted Budget Transactions - EXPEND.ADJUSlMENTS FOR 12112/02
BUD262. BUDGET ADJUSTMENTS FOR 12/12/02
Effective
Date Fund Title
Transaction Description
12/1212002. GENERAL FUND
LINE ITEM TRANSFER
12/1212002 GENERAL FUND
LINE ITEM TRANSFER
12112/2002 GENERAL FUND
LINE ITEM TRANSFER
12112/2002 GENERAL FUND
LINE ITEM TRANSFER
12/1212002 GENERAL FUND
LINE ITEM TRANSFER
1211212002 GENERAL FUND
LINE ITEM TRANSFER
12/12/2002 GENERAL FUND
LINE ITEM TRANSFER
1211212002 GENERAL FUND
LINE ITEM TRANSFER
12/1212002
12112/2002 GENERAL FUND
LINE ITEM TRANSFER
12/l2/2002
1211212002
1211212002
1211212002
12/12/2002
12/1212002
12/12/2002
12/12/2002
1211212002
12/12/2002
12/12/2002
12/12/2002
12112/2002
12112/2002
12112/2002
12112/2002
12112/2002
Datc,121111020S,22:20PM
LINE ITEM TRANSFER
GENERAL FUND
GENERAL FUND
LINE ITEM TRANSFER
GENERAL FUND
LINE ITEM TRANSFER
GENERAL FUND
FOR NEW LIGHT BAR
GENERAL FUND
GENERAL FUND
GENERAL FUND
GENERAL FUND
GENERAL FUND
GENERAL FUND
GENERAL FUND
GENERAL FUND
GENERAL FUND
GENERAL FUND
FOR NEW LIGHT BAR
LINE ITEM TRANSFER
LINE ITEM TRANSFER
LINE ITEM TRANSFER
LINE ITEM TRANSFER
LINE ITEM TRANSFER
LINE ITEM TRANSFER
LINE ITEM TRANSFER
LINE ITEM TRANSFER
LINE ITEM TRANSFER
GENERAL FUND
LINE ITEM TRANSFER
GENERAL FUND
GENERAL FUND
GENERAL FUND
LINE ITEM TRANSFER
LINE ITEM TRANSFER
LINE ITEM TRANSFER
e
Dept Title
ROAD AND
BRlDGE.PRECINCT #3
ROAD AND
BRIDGE-PRECINCT #3
ROAD AND
BRlDGE.PRECINCT #3
ROAD AND
BRIDGE-PRECINCT #3
ROAD AND
BRlDGE.PRECINCT #3
ROAD AND
BRlDGE.PRECINCT #4
ROAD AND
BRlDGE.PRECINCT #4
ROAD AND
BRIDGE-PRECINCT #4
ROAD AND
BRIDGE-PRECI1\lCT #4
ROAD AND
BRIDGE-PRECINCT #4
ROAD AND
BRIDGE-PRECINCT #4
ROAD AND
BRlDGE.PRECINCT #4
CONSTABLE.PRECINCT #5
CONSTABLE-PRECINCT #5
HIGHWAY PATROL
HIGHWAY PATROL
HIGHWAY PATROL
HIGHWAY PATROL
HIGHWAY PATROL
HIGHWAY PATROL
HIGHWAY PATROL
SHERIFF
SHERIFF
SHERIFF
SHERIFF
SHERIFF
SHERIFF
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GL Title
Increase Decrease
ROAD & BRIDGE SUPPLIES
INSECTlCIDESIPESl1CIDES
10.400.00
SUPPLIES.MISCELLANEOUS
36.00
UTILITIES
48.00
MACHINERY AND
EQUIPMENT
ROAD & BRIDGE SUPPLIES
ROAD & BRIDGE SUPPLIES
TIRES AND lUBES
1,500.00
TOOLS
500.00
INSECTlCIDESIPESTICIDES
700.00
MISCELLANEOUS
404.00
POSTAGE
5.00
LAW ENFORCEMENT 500.00
SUPPLIES
EQUlPMENT.RADIO
CLERK
SOCIAL SECURITY
GROUP INSURANCE
RETIREMENT i I ).>
GENERAL OFFICE SUI LIES II = 1,7f900 I
MISCELLANEOUS ~ 2.31~
TRAVEL IN COUNTY _ X
GENERAL OFFICE SUP LIES ]V 31 ~
MACHINERY
PARTSISUPPLlES I 8 :
LAW ENFORCEMENT r-.> 3tm
SUPPLIES 0
GASOLlNE10lllDIESEI GR. 3,28800
SUPPLIES-MISCELLAN OUS 282.00
AUTOMOTIVE REPAlI< 974.00
84.00
10,400.00
2.700.00
409.00
500.00
573.00
175.00
3.019.00
172.00
96.00
Pag<::4
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e e e
CALHOUN COUNTY, TEXAS
Unposted Budget Transactions - EXPEND.ADJUSTMENTS FOR 12/22/02
BOO262. BUDGET ADJUSTMENTS FOR 12/12/02
Fund Effective
Cod, Date Fund Title Transaction Description DeptTitle GL Title Increase Decrease
1000 12/1212002 GENERAL FUND LINE ITEM TRANSFER SHERIFF MACHINERYIEQUIPMENT 22.00
REPAIRS
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF MISCELLANEOUS 204J){)
1000 12/1212002 GENERAL FUND LINE ITEM TRANSFER SHERIFF TELEPHONE SERVICES 1.644.00
1000 12/12/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF TRAINING TRAVEL OUT OF 1,182.00
COUNTY
1000 1211212002 GENERAL FUND UNE ITEM TRANSFER SHERIFF TRAVEL OUT OF COUNTY 151.00
Total GENERAL FUND 52.690.00 52.690.00
1000
2610 12/1212002 AIRPORT FUND UNE ITEM TRANSFER NO DEPARTMENT EQUIPMENT RENTAL 622.00
2610 1211212002 AIRPORT FUND UNE ITEM TRANSFER NO DEPARTMENT MACHINERYIEQUIPMENT 265.00
REPAIRS
2610 12/1212002 AIRPORT FUND LINE ITEM TRANSFER NO DEPARTMENT RADIO MAlNTENANCE 357.00
Total AIRPORT FUND 622.00 622.00
2610
Report Total 53,312.00 53,312.00
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Date: 1211 110205:22:20 PM
Page:S
ACCOUNTS ALLOWED - COUNTY
Claims totaling $966,224.85 were presented by the County
Treasurer and after reading and verifying same, a Motion
was made by Commissioner Finster and seconded by
Commissioner Galvan that said claims be approved for
payment. Commissioners Galvan, Balajka, Floyd, Finster
and Judge Marshall all voted in favor.
GENERAL DISCUSSION
e
Judge Marshall said the next Commissioners' Court meeting
is December 30, 2002.
Commissioner Floyd asked if the Court received the reports
from Ray & Associated which he sent regarding the salary
study. Commissioner Finster mentioned the foreman's job
description and having no response to his opinion.
Commissioner Galvan said the Bauer Exhibit Building roof
should be completed soon and the Memorial Medical Plaza
appraisal should be in next week.
Commissioner Finster said the old building in Seadrift
offered for a library was looked at by an architest and
packets will be sent to the Court concerning same.
Commissioner Finster said he is not happy with the
County's safety program.
Sheriff Browning said 85 Christmas card were mailed from
his office and had been inadvertantly stamped by the
postage machine. He has personally replaced the stamps.
THE COURT ADJOURNED AT 2:55 P.M.
e
SPECIAL DECEMBER TERM
HELD DECEMBER 17, 2002
THE STATE OF TEXAS !i
!i
COUNTY OF CALHOUN !i
BE IT REMEMBERED, that on this the 17th day of December,
A.D., 2002 there was begun and holden at the Courthouse in
the City of Port Lavaca, said County and State, at 9:00
A.M., a Special Term of the Commissioners' Court, w~thin
said County and State, and there were present on thlS date
the following members of the Court, to-w~t:
Arlene N. Marshall
Roger C. Galvan
MiChael J. Balajka
H. Floyd
Kenneth W. Finster
Shirley Foester
County Judge
Commissioner,Pct.l
Commissioner,Pct.2
Commissioner,Pct.3
Commissioner,Pct.4
Deputy County Clerk
e
Thereupon the following proceedings were had:
Commissioner Galvan gave the Invocation and Commissioner
Finster led the Pledge of Allegiance.
612
e
EXECUTIVE SESSION - TAX ASSESSOR-COLLECTOR POSITION
The Court, being in open session, in compliance with the
pertinent provisions of Section 551 of the Vernon's Texas
Code Annotated, Government Code, the County Judge, as
presiding officer, publicly announced at 9:01 A. M. that a
closed session would now be held under the provisions of
Section 551.074 to discuss the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal
of a public officer or employee or to hear complaints or
charges against such officer or employee, unless such
officer of employee requests a public hearing. (Meeting
with applicants for the position of Tax
Assessor-Collector.)
The County Judge further publicly announced that before
any final action, decision or vote is made regarding the
subject matter of said closed session, this meeting will
be reopened to the public.
The Court then went into closed session. At the end of
the closed session, the meeting was reopened to the public
at 10:44 A.M.
e
Commissioner Floyd thanked each Court member individually
on our closed session and expressed our dissatisfaction in
being placed in the position of having to make this
decision. Had Mrs. Baker's letter of resignation been
received in mid-September, this could have been placed on
the ballot and the ~eople made the choice. Because if was
not received in a t~mely manner (middle of November), we
are being placed in this position and we each expressed
that we felt the decision should have been left to the
people.
We spoke to our attorney who said our options were to make
a decision and appoint someone to fill the unexpired term
or not appointment anyone and then the existing tax
assessor-COllector will continue in her office being paid
salary and benefits without having to show up. We truly
wish the decision could have been left to the people.
Commissioner Finster said he agreed with that a hundred
per-cent. Commissioner Floyd stated what make it more
difficult is because they are two hi~hly qualified people.
We have spend a fair amount of time ~n deliberation and
everyone recognized that they are both qualified for the
office and it was not an easy decision for the Court.
A Motion was made by Commissioner Floyd and seconded by
Commissioner Finster that Mrs. Gloria Ochoa be appointed
to fill the unexpired term of Calhoun County Tax
Assessor-Collector beginning effective January 1, 2003.
In discussion, Commissioner Finster said this was not
easy to choose between two highly qualified persons. We
had only certain criteria that we could go br to make that
choice. In the eight rears I've been in off~ce, this is
one of the hardest ded~cions I've had to make and I feel
this should have been the public'S Choice. Both are fine
peoo~le and this in no way reflects on either.
Comm~ssioner Balajka also said this was not an easy
decision.
e
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor.
GENERAL DISCUSSION
Commissioner Finster thanked the Court for pulling
together. Roger Martinez thanked the Court for their
decision.
THE COURT ADJOURNED AT 10:50 A.M.
613