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2002-06-13 SPECIAL JUNE TERM HELD JUNE 13,2002 e THE STATE OF TEXAS 9 COUNTY OF CALHOUN 9 BE IT REMEMBERED, that on this the 13th day of June, A.D., 2002 there was begun and holdenat the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to-wit: (ABSENT) Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley F oester County Judge Commissioner, Pet. I Commissioner, Pet. 2 Commissioner, Pet. 3 Commissioner, Pet. 4 Deputy County Clerk Thereupon the following proceedings were had: (Judge Marshall and Sheriff Browning were in Austin for a meeting with the Jail Commission.) Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. Judge Pro-Tern Balajka presided in the absence of Judge Marshall. e APPROVAL OF MINUTES A Motion was made by Commissioner Galvan and seconded by Commissioner Floyd that the minutes of March 18, 2002 meeting be approved. Commissioners Galvan, Floyd, Finster and Judge Pro-Tern Balajka all voted in favor. (ABSENT) Arlene N. Marshall County Judge H. Floyd Commissioner, Pct. 3 Roger C. Galvan Commissioner, Pet, I Kenneth W. Finster Commissioner, Pet. 4 Michael J. Balajka Commissioner, Pct. 2 and Judge Pro- Tern Shirley Foester Deputy County Clerk BIDS AND PROPOSALS - FUEL BIDS e The following bids were opened June 6, 2002 by Lesa Casey and Rita Miller and read in Court by the County Auditor for the period beginning June 16,2002 and ending July 15, 2002. After reviewing said bids, a Motion was made by Commissioner Floyd and seconded by Commissioner Finster to accept the bid for delivered fuel from Diebel Oil Company and the bid of Mauritz and Couey for the automated card system fuel as the only bidders. Commissioners Galvan, Floyd, Finster and Judge Pro-Tern Balajka all voted in favor. 476 --~ FUEL BID PROPOSAL e IN RESPONSE TO YOUR NOTICE FOR COMPE11TIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCATIONS INDICATED'IN THE SPECIFICATIONS, X APPROXIMATE ~ TOTAL GALLONSIMO X 3800 ~ $ "3/1 J.//b x 4000 ~ $ ~ IJJt> CJ7; X 2500 $ 1'l.Jb,cn TOTALBIDPRICE $ 937,/JJ)/J> THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING JUNE 16, 2002 AND ENDING JULY 15. 2002. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. PRICE/GALLON UNLEADED GASOLINE $ rf!5 Y PREMIUM UNLEADED GASOLINE $ 4..::;:;- DIESEL FUEL (LOW SULFUR) $'" tJ SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPARTMENT, PRICES QUOTED DO NOT INCLUDE TAXES, e NAME OF BIDDER: 0/7- B 'f L 6 It ~ ::~::TE. z!cv i:~ J n\14 C f) 'T;.] /4 ) j PHONE NUMBER: ~ J)-iJ.()~l PRINT NAME: )t7h{)~-7J 7l, 1 AUTHORIZED SI~NATIJRE: e / '/V~d~ . &:2 - ((;r V8-- TITLE: DATE: e 477 FlJEL BID PROPOSAL IN RESPONSE TO YOUR NOnCE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSIGNED PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO THE LOCA nONS INDICA TED IN THE SPECIFICA nONS. PRICE/GALLON X APPROXIMATE - TOTAL GALLONSIMO UNLEADED GASOLINE $ .9:<- X 3800 $.3<19(p.oo PREMIUM UNLEADED GASOLINE $ j,6/S" x 4000 $ 4~6D.OQ DIESEL FUEL (LOW SULFUR) $ .7c:'.s- x 2500 $ /C(/.J.. .s-o TOTAL BID PRICE $ 9flnt:'1.su THE CONTRACT PERIOD WILL BE FOR A ONE MONTH PERIOD ONLY BEGINNING JUNE 16. 2002 AND ENDING JULY 15. 2002. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. SELLER WILL SUBMIT SEPARATE INVOICES ON EACH PURCHASE TO THE PURCHASING DEPAR1MENT. PRICES QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER: /f}~u~{T'- C CUE? ADDRESS: to. fl.,,)/. /700 ' CITY,STATE,ZIP: AR-T ,LItVAcA 71< /7977 PHONE NUMBER: SS Z - 76 D ..; PRINT NAME: 1M.. 4~ AUTHORIZED SIGNATURE: ~ ~ TITLE: I'\"P/2. f11hlL I 0: ~~o"- DATE: 478 e e e I FUEL BID PROPOSAL I e IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL, WE THE UNDERSIGNED, AGREE TO FURNISH FUEL, ACCORDING TO TIIE A ITACHED FUEL SPECIFICATIONS, USING AN AUTOMATED CARD SYSTEM, TO TIIE COUNTY'S SHERIFF'S DEPARTMENT, PROBATION DEPARTMENT, HOSPITAL, EMERENCEY MEDICAL SERVICE AND OTIIER VEHICLES AS DESIGNATED FROM TIME TO TIME BY TIIE COMMISSIONERS COURT AT THE FOLLOWING AVERAGE MONTHLY PRICE PER GALLON AND AT THE FOLLOWING TWENTY-FOUR HOUR AVAILABILITY LOCATION: UNLEADED GASOLINE PRICE PER GALLON $ 9:;"" N/fI MID GRADE $ PREMUIM UNLEADED GASOLINE $ /.tJ/5 , 7(;.5 DIESEL FUEL $ LOCATION: 4//.1 W. Au. en"'; sr (MUST BE WITBIN THE CITY OF PORT LA V ACA OR WITHIN A (5) FIVE MILE RADIUS OF THE CITY OF PORT LA V ACA.) THE CONTRACT WILL BE FOR THE PERIOD BEGINNING JUNE 16, 2002 AND ENDING JULY 15, 2002. NO PRICE CHANGES WILL BE ALLOWED DURING THE CONTRACT PERIOD. e SELLER WILL SUBMIT INVOICES ON PURCHASES TO THE PURCHASING DEPARTMENT. PRICE QUOTED DO NOT INCLUDE TAXES. NAME OF BIDDER: l17/1c.1~/'T z- ). GU""-7 ADDRESS: P (\. D. >< /70 <.) CITY,STATE,ZIP: fjlf T kru~ Tlc 77'77 '1 PHONE NUMBER: rsz-- 7 () 0 <-I PRINT NAME: --,F'", Lc:<T AUTHORIZED SIGNATURE: ~ 4: TITLE: O/'t?;e. /J1f. R - DATE: Io-s-o '- BIDS AND PROPOSALS - FAIRGROUNDS PAVILION IMPROVEMENTS PROJECT CONTRACT e Joe Janda, with G & W Engineers, read the bids from Port fabrication and Easley Roofing and Sheet Metal, Inc. He recommended Port Fabrication's bid in the amount of $88,555.40, which, after reducing paint and pulins, was low at $79,745. A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to award the bid to Port Fabrication in the amount of $79,745 for the fairgrounds pavilion building improvement project contract and authorize the County Judge to sign. Commissioners Galvan, Floyd, Finster and Judge Pro-Tern Balajka all voted in favor. 479 e G & W Engineers. Inc. 205 West LIve Oak SI. Port Lavaca. Texas 77979 ettOPENING TABLE Au:_ IVIr;lY LV, L.vvl- WTlme: 10:00 a.m. Page 1 of 1 Job No. 9436.019 CALHOUN COUNTY FAIRGROUNDS PAVILION BUILDING IMPROVEMENTS ACKNOWLEDGES TOTAL ADDITIVE BID BOND ADDENDA BASE BID ALTERNATE "A" GONZALES CONTRACTING, INC. N/A d EASLEY ROOFING & SHEET METAL INC. N/A 93/%/ L(, Z- '6 / ~ J m:xeo- N/A ~ IS S 5'..5.0- /,'Z7z.. rol!.7' //ZI3VC7>>#cr...-;. ~ o 00 ~ . G & W Engineers, Inc. 205 West live Oak SI. Port Lavaca, Texas 77979 ITEMIZED BID TABULATION SHEET Date: May 20, 2002 Time: 10:00 a.m. Page 1 of 1 Job No. 9436.01 g ~ rzJ 'l:j'l CALHOUN COUNTY FAIRGROUNDS PAVILION BUILDING IMPROVEMENTS BASE BID ITEM EASLEY PORT FABRICATION I I NO. DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE I AMOUNT 1 New Roof Sheeting wfAccessorle5 loS. t $ 37,607.00 $ 37,607.00 $ 34,165.00 $ 34,165.00 2 New Siding Sheeting wfAccessories loS. 1 $ 9,252.00 $ 9.252.00 $ 11,130.00 $ 11,130.00 3 New Galvanized Members that Include Putilns wfFlanQl loS. 1 $ 25,155.00 $ 25,155.00 $ 16,325.00 $ 16,325.00 Bracing, Striping, Girts, Eve struts & Fasteners 4 Sand Blast Surface Preparation, Priming & Painting loS. 1 $ 11.500.00 $ 11,500.00 $ 15,690.00 $ 15,690.00 5 New Electrical EMT Galvantzed Conduit wNtllre & Fixtur L.S. 1 $ 5,060.00 $ 5,060.00 $ 5,405.00 $ 5.405.00 Mounts . New Galvanized Cross Bracing Rods l.S. t $ 705.00 $ 705.00 $ 3,180.00 $ 3,180.00 7 80 loF. New Galvanized Base Angles L.S. t $ 565.00 $ 565.00 $ 320.00 $ 320.00 . Removal & Replacement of Deteriorated Siding S.F. 84 $ 2.45 $ 205.60 $ 10.60 $ 690.40 9 Reinstallation of Basket Ban Goals, QuI: Door lights & loS. 1 $ 1,329.00 $ 1,329.00 $ 1,165.00 $ 1,165.00 Speakers. 10 2 Sections of New Gutters & 2 SectIons of New Rake Trim loS, 1 $ 646.00 $ 646.00 $ 265.00 $ 265.00 BASE BID AMOUNT $ 92,224.60 $ 66,555.40 ADDITIVE AL TERNA TE A. New Gutters, Rake Trim & Ridge Cap for Entire Bldg. $ 4)81.00 $ 1,272.00 e e e e CALHOUN COUNTY AUDITORS OFFICE BIDS/PROPOSALS FOR K e. OC- 'I ('::, -10 Fe... lid) f 0 [.,i (l c( PCcu \ II (j 1'-- I ..../ DATE OPENED ~ - ;;),0- C--::L TIME OPENED I 0 ~ 00 C\.,m ' PRESENT AT THE OPENING l fS c- (' /.:. <; '( ~ -.L l::>. k 1Y'i \ \ \ c:: r Following is a list of Bids/Proposals opened and bid amounts, if appropriate. Bidder/Proooser Amount 1. [' c. --s (-e 'J '720 of; "-'5 -J SJu f m,,- 'L~ 1:: i\ c.- 2. ~o (f fA-ljr\ ( CL -h Of} 03\ I ~ I ()O/~)SIQ; , o~.sSs.tO Ifd' 3. 4. 5. 6, 7. 8. BIDS/PROPOSALS WERE REFERREDTO SIGNATURE y-P//}~f This fOfm on S- - ~ 0- O?--. was faxed to the following: Date Arlene N. Marshall, County Judge Roger Galvan, Commissioner Pct. #1 Michael Balajka Commissioner Pct. #2 H. Floyd, Commissioner Pct. #3 Kenneth Finster Commissioner Pet. #4 e 482 e e e DOCUMENT NO. 00300 PROPOSAL ~:t" CAsRlcAi'lO") ~ GNS1\~\)c:..,"no..J \~ c.. (Legal Finn Name) ,hereinafter called "BIDDER", is submitting this Proposal for Furnishing and Perfonning the Work specified herein as the Constluction of the CALHOUN COUNTY FAIRGROUNDS PAVILION BUILDING IMPROVEMENTS in Port Lavaca, Texas. This PROPOSAL is Submitted to the COUNTY OF CALHOUN, hereinafter called "OWNER". 1. Terms used in this PROPOSAL are defined in the General Conditions or Document No. 00120 .. Instructions to Bidders and shall have the meanings indicated in the General Conditions or Instructions. 2. BIDDER proposes and agrees, if this BID is accepted, to enter into 'm Agreement with OWNER in the form included in the Contract Documents to furnish and perform all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this BID and in accordance with the other terms and conditions of the Contract Documents. , ~. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This BID win remain subject to acceptance for Sixty (60) Calendar Days after the Bid Opening. BIDDER shall sign and deliver the required number of counterparts of the Agreement, including all required documents indicated by the Bidding Requirements, within Fifteen (15) Calendar Days after the date or OWNER's Notice of Award. 4. In submitting this BID, BIDDER represents, as more fully set forth in the Agreement, that: a. BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date): Addendum No.: Date Received: IJ I!t;- , b. BIDDER has visited the site and is familiar and satisfied with the general, local and site conditions that may affect cost, progress, and furnishing and perfonning the Work. 00300-1 483 e c. BIDDER is familiar and satisfied with all federal, state and local Laws and Regulations that may affect cost, progress, and furnishing and performing the Work. d. BIDDER is aware of the general nature of work, if any, to be performed by OWNER (or others) at the site in relation to the Work for which this BID is submitted. e. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. f. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing and performing the Work for which this BID is submitted. g. This BID is GENUINE and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in confonnity with any agreement or rules of any group, association, organization or corporation. BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham BID. BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding. BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. e 5. BIDDER agrees to complete the Work in accordance with the Contract Documents. a. BIDDER acknowledges that the amounts are to be shown in both words and figures, and in case of discrepancy, the amount in words shall govern. b. BIDDER acknowledges that the quantities are not guaranteed and final payment will be based on the actual quantities detennined as provided in the Contract Documents. c. BIDDER acknowledges that, at OWNER's option and/or at OWNER's request, any of the quantities may be deleted, reduced, or increased based upon the respective Unit Prices. d. BIDDER acknowledges that Unit and Lump Sum Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. e. BIDDER agrees to furnish all necessary labor, supervision, machinery, equipment, tools, materials, handling, hauling, taxes, insurance and all other requirements deemed necessary to complete the items of Work indicated on the following pages for the specific dollar amounts stated. e 00300-2 484 BASE BID BID BID DESCRIPTION OF ITEM WITH UNIT ITEM QTY. UNIT PRICE WRITIEN IN WORDS ~ ------------------------------------------------------------------------------------ I. I L.S. Furnish materials, labor and equipment for the removal and installation of new roof sheeting and accessories for a lump sum of T*t,,-T Of ~H~... -rI!o<JsA'ol:> <!lJ..lr;;:" t!!,,1o:I>eec E'lc.l>\-rY ~\.\l t Dollars and ~' ILl) 0 Cents. , 2. 1 L.S. Furnish materials, labor and equipment for the removal and installation of new siding sheeting with accessories for a lump sum price of cLElJtE-U T~A.uD O.v I?: 'f;hH.lD~e1'l "l'mQ.-r'f Dollars and Al~/' c!) 0 Cents. , 3. I L.S. Furnish materials, labor and equipment for the removal arJd installation of new galvanized members that include purlins with flange bracing, striping, girts, eve struts and fasteners, for a lump sum price of ::5~.,.~...:) ~~MD ~l:t !<klJJbero livl:'.07'<? ~t\llO:" Dollars and J.JO 1,00 Cents. I e 4. I L.S. Furnish materials, labor and equipment for sand blast surface preparation, priming and painting of the building rigid frame members (9 each) and south wall structure members with Sherwin William Zinc Clad II Ethyl Silicate Primer and DTM Acrylic Coating or equal, and applied in accordance with paint Manufacture's recommendations for a lump sum price of ~~~ \~5A-uD ,"'i, 'f.. ~ \ u:D~ AJ tAl FiY Dollars and AJ~ Ibo Cents. 00300-3 e UNIT PRICE EXTENSION $ 3+,IB5.o0 $ /1,\30.00 $Ib 32.5:"" I $ 1.5) b<fO."" 485 BID BID DESCRIPTION OF ITEM WITH UNIT ITEM QTY. UNIT PRICE WRTITEN IN WORDS 8. 9. 486 5. 1 L.S. Furnish materials, labor and equipment for the removal and installation of new electrical EMT galvanized conduct with wire and fixture mounts for a lu\l1E. sum price of \-\1>6 ~~Mb ~~tJQ.... ~JJ..l'De.d) ~\.\)e- Dollars and }.}o I \110 Cents. 1 L.S. Furnish materials, labor and equipment for the removal and installation of new galvanized cross bracing rods for a lump sum price of T~'& ~~^,D l"JE:' l'tv.u1>~ tn~t\iY Dollars and Al1'oo Cents. 1 L. S. Furnish materials, labor and equipment for the removal and installation of80 L.F. new galvanized base angles for a lump sum price of -r~EE' ~J.)D~~ T uJ 'C'''; "T"'f Dollars and ^~tOO Cents. 84 S.F. Furnish labor and equipment for the removal and replacement of deteriorated siding with removed siding for a unit price of 6. 7. TEA,) and 5\X'-'i' per square foot. Dollars Cents 1 L.S. Furnish labor and equipment for removal and reinstallation of basket ball goals, out door lights and speakers for a lump sum price of (')AlF: Tl"ou~~b 0,0 If' tdoJ..l1:R€'D .s \ ~T'1' ~\~ E' Dollars and 4100 Cents. 00300-4 e UNIT PRICE EXTENSION $~ -'loS, 0" . $ _~tl€D:\>D e $~,"O $896,40 $ It). ~o $ I.! b5. "0 , e ------- A BID BID DESCRIPTION OF ITEM WITH UNIT .~~__~~~_~~~__~~~~~~N IN :VO_RD~ UNIT PRICE EXTENSION ------------------------- 10. 1 L.S. Furnishing two sections of new gutters and two sections of new rake trim (approximately 28 L.F. each) to replace the damaged sections for a lump sum price of Tu\O '~J0 D Q.ro ~ \1.TI( ~ \ \I ~ Dollars and 1001, t!) D Cents. $Zb5. DO TOTAL BASE BID AMOUNT to complete the CALHOUN COUNTY FAIRGROUNDS PAVILION BUILDING IMPROVEMENTS in Port Lavaca, Texas, being Items 1 through 10 above, is: I=\Hq F\UE' E/~~r9 g/~lIT Tr:Iw:SM:t> ~tliE 1'W..o~~ DOLLARS t:'~'-'i' CENTS. $ 88).55S".4l! 111111: 1111 i I i 11111111111111111:: III: 1111111111111111111111111111: 1111111111111 e ADDIT1VE ALTERNATE -------------------------------------------------------------------------------- BID BID DESCRIPTION OF ITEM WITH UNIT ITEM QTY. UNIT PRICE WRITTEN IN WORDS EXTENSION ----------------------------------------------------------------------------------------------------------------------------- A. 1 L. S. Fumish.i'lg new gutters, rake trim and ridge cap for entire building for a lump sum price of o..:>E: ~~~J.JI:> -n.uO~JJl)Q.~ 5 Ell E.J.J i' 'I' "WO Dollars and j.jo-f I t:J 0 Cents. $1Z-72."" , +++++++++++++++++++++++++++++++++++++++++++1 I 1 I I 1 I 1 1++++++++++++++++++++++++ CONTRACT AWARD WILL BE BASED ON THE BASE BID AMOUNT WITH CONSIDERA nON OF THE ADDITIVE ALTERNATE. +++++++++++++++++++++++++++++++++++++++++++++++++1 I I I 1++++++++++++++++++++++ 00300-5 e 487 e 6. BIDDER agrees that the Work shall be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 90 Calendar Days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. The following documents are attached to and made a condition of this BID: a. Required Bid Security in the form of 7l, D ~ \') b. A tabulation of Subcontractors, Suppliers and other persons and organizations required to be identified in the BID. c. Document No. 00415 - CONTRACTOR's Corporate Resolution. d. Document No. 00420 - Bidders Qualification Statement. 8. Communications about this BID shall be directed to BIDDER's address indicated below. SUBMITTED this ?LJ ili day of i\l\ lr<1' Authorized Sig~:~~~. ~ ~~ ,2002. e Title: =Pe.E"S IDt;..Uf Attesting Sig~::: rfC; ~11J~~ Title: SEt:I2F7/lhe.9 Legal Firm Name:~r ~cA"-::i ~etJG~ ~C-. Business Address: ~t. S dhlAt 'SirE ~ l' W'J.rt,ii"l7"l , Phone Number: 3'=>\- 5'5Z -635'0 Facsimile Number: S.sZ -'9:397 E-Mail Address (optional): State of Incorporation, if applicable: ~A-5 State Contractor License No.: e END OF DOCUMENT 00300-6 . 488 e e , DOCUMENT NO. 00420 BIDDER OUALIFICA TlON STATEMENT BIDDER shall answer all questions, and answers shall be clear and comprehensive. This form shall be notarized upon completion. If necessary, BIDDER may use separate attached sheets to answer questions, and may submit additional information, if desired. Resume for each officer of Company and the Superintendent for this Project shall also be attached. BIDDER's Name:l'.....,. ~llICA,.,".u ~ Q.,5TIlU<;....... I",.... Organization Date: Address:~1o S. G.MJ.\~('E $u,,~ r Incorporation Date: 01/01 I q'f ~ L...wA<< --ri. i i "l i ~ I Type of Work Performed: 'i EJJeUc- c"iUT,eA(.TI'-"; Ever Fail to Complete Awarded Work? Y or 6) Ever Default on Any Contract? Y or if) On-going Contracts: DATE CONTRACT NAME 1<'-1:>-01 Sf..-A'" "u,e~G:: 6<.ll<, 03-oz. ~6/711Z00M ~:'c..\I..ITIl;;;:!. Oi?>-oz. 4etlo-P 6\l11L,~'" Recently completed Projects (similar Type and Importance): ANTICIPATED COMPLETION 5-25-0 <... ~7-a l- 01. -""t-- AMOUNT >\05,"""0 a'i,if!>O 1.2, Z"l-e, PROJECT NAME G.NC.~ :S-reOs @GT<( '* MONTHJY];AR COMPLETED AMOUNT ~T h,4.JAcA C:.wj:"~ ~.:.JluS\JL.A 1/ l>\lAS~ rr: Equipment Available for this Contract: k JJ Ec.8S6M '-f Credit Available: $ hI... ~EC.e:~'t' Bank Reference/Contact: ...0EU.5 - ~Z> --roM $r"c.eEl'"- The undersigned hereby authorizes any person, firm, or corporation to furnish any information . requested by the COUNTY OF CALHOUN, in relation to the verification of the statements comprising this BIDDER's Qualification Statement. s;_ ~~\~ Name & Title:. lOP [". ~ - f'e~. . "--~7:","=~'-":"-:~'--'::"" -~,....,;;-::;<==. :,-::::.'.-; Executed and sworn to before me, the undersigneq authority, on this 20T~day of MIW ,20~ ~LJfp~;;J Not Public in and for II ~u;.4 "_,~;:'..r./'}..~ Lr:A~~ ;n,A:<OS II : '(<.:.'::;"\ ~~ Nnt,'!"\ PuslIC, St"le 01 Texas ~ :; ~:..)-~ /;'~ M' t JfI' 111'SSIOr. Exclfes 03-12-02 ~1 -;..;';(;-....;;,~..:" '0 ' . n "'II"" . END OF DOCUMENT 00420-1 489 ~ a; If ( J] ~ lJ ! - - J - \ -'. 1 1 l ] 1 1 1 I 490 e DOCUMENT NO. 00415 CONTRACTOR'S CORPORATE RESOLUTION I hereby certify that it was RESOLVED by a quorum of the directors of ~~,. ~R.\cAl1o,v ~ (',..,J"l.:sT12Llcno,u \JJc.. I (Name of Corporation) meeting on the If:, n\ day of jAJJ uA-e. Y ,200 '1.., that :::5iE:\lIl'h.l ~ . ~hlt:Q.. (Name of Principal) ~'E~Il>e.N\ (Title) . be, and hereby is, authorized to execute all documents necessary for the transaction of business in the StateofTexasonbehalfOfthesai~:r ~d-rlo"J ~ (J....Al5\eLJc:.\~ \Al<'., and (Name of torporation) e That the above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full force and effect; and in authentication of the adoption of this resolution, I subscribe my name this ;?t') ~" day of ~'W , 2r02- ~~ See t~ O(~ END OF DOCUMENT e 00415-1 I ~ e e e INSURORS INDEMNITY COMPANY ([t 3701 W. Waco Dr., P.O. Box 2683, Waco, Texas 76702-2683 (800) 933-7444, Fax (240) 414-5500 BID BOND Bond No. 801827 KNOWN ALL MEN BY THESE PRESENTS, that we Port Fabrication & ConstrUction. Inc. (Here insert full [tame and legal title of Contractor) as Principal, hereinafter called the Principal, and lNSURORS INDEMNITY COMPANY, Waco, Texas, as Surety, hereinafter called the Surety, are held and finnly bound unto County of Calhoun. 211 S. Ann St.. Port Lavaca. Texas (Here insert full name and legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of 05 % of the amount of this bid not to exceed Six Thousand Seven Hundred Fifty Dollars ($6 75000). for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, flnnly by these presents. WHEREAS, the principal has submitted a bid for Calhoun County Fairgrounds Pavilion Building Improvements. (Here insert description of project) NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specifIed in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perfonn the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and fonn acceptable to Principal and Surety that financing has been finnly committed to cover the entire cost of the project. Signed and sealed this 16th day of May, 2002. Port Fabrication & Construction Inc. (principal) (Seal) 0\~~~\~ Title: ~ ,.PE-J'I EMNITY COMPANY By: Attorney-in-Fact 491 492 e e e DOCUMENT NO. 00300 PROPOSAL EASLEY ROOFING AND SHEET METAL, INC. (Legal Finn Name) ,hereinafter called "BIDDER", is submitting this Proposal for Furnishing and Performing the Work specified herein as the Construction of the CALHOUN COUNTY FAffiGROUNDS PAVILION BUILDING IMPROVEMENTS in Port Lavaca, Texas. This PROPOSAL is Submitted to the COUNTY OF CALHOUN, hereinafter called "OWNER". 1. Terms used in this PROPOSAL are defined in the General Conditions or Document No. 00120 - Instructions to Bidders and shall have the meanings indicated in the General Conditions or Instructions. 2. BIDDER proposes and agrees, if this BID is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to furnish and perform all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this BID and in accordance with the other terms and conditions of the Contract Documents. 3. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This BID will remain subject to acceptance for Sixty (60) Calendar Days after the Bid Opening. BIDDER shall sign and deliver the required number of counterparts of the Agreement, including all required documents indicated by the Bidding Requirements, within Fifteen (15) Calendar Days after the date of OWNER's Notice of Award. 4. In submitting this BID, BIDDER represents, as more fully set forth in the Agreement, that: a. BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (List Adderu:fa by Addendum Number and Date): Addendum No.: Date Received: NONE NONE b. BIDDER has visited the site and is familiar and satisfied with the general, local and site conditions that may affect cost, progress, and furnishing and performing the Work. 00300- I 493 J ) j J I I I I I I I I . . I I I . . 494 c. BIDDER is familiar and satisfied with all federal, state and local Laws and Regulations that may affect cost, progress, and furnishing and performing the Work d. BIDDER is aware of the general nature ofworle, if any, to be performed by OWNER (or others) at the site in relation to the Work for which this BID is submitted. e. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. f BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing and performing the Work for which this BID is submitted. g. This BID is GENUINE and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham BID. BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding. BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER 5. BIDDER agrees to complete the Work in accordance with the Contract Documents. a. BIDDER acknowledges that the amounts are to be shown in both words and figures, and in case of discrepancy, the amount in words shall govern. b. BIDDER acknowledges that the quantities are not guaranteed and final payment will be based on the actual quantities determined as provided in the Contract Documents. c. BIDDER acknowledges that, at OWNER's option and/or at OWNER's request, any of the quantities may be deleted, reduced, or increased based upon the respective Unit Prices. d. BIDDER acknowledges that Unit and Lump Sum Prices have been computed in accordance with paragraph 1 1.03.B of the General Conditions. e. BIDDER agrees to furnish all necessary labor, supervision, machinery, equipment, tools, materials, handling, hauling, taxes, insurance and all other requirements deemed necessary to complete the items of Work indicated on the following pages for theDspecific dollar amounts stated. 00300-2 e e e --~ BASE BID ------ BID BID DESCRIPTION OF ITEM WITH UNIT ITEM QTY. UNIT PRICE WRITTEN IN WORDS e:------~-::--~UrniSh materials, labo: and -:uiPm:nt for the removal and installation of new roof sheeting and accessories for a lump sum of Thiry-Seven Thousand, Six Hundred, Seven UNIT PRICE EXTENSION and NO Dollars Cents. $ 37,607.00 2. 1 L.S. Furnish materials, labor and equipment for the removal and installation of new siding sheeting with accessories for a lump sum price of Nine Thousand, Two Hundred, Fifty-Two Dollars and NO Cents. $ 9,252.00 3. 1 L.S. Furnish materials, labor and equipment for the removal and installation of new galvanized members that include purlins with flange bracing, striping, girts, eve struts and fasteners, for a lump sum price of Twenty-Five Thousand, One Hundred, Fifty- e Five and NO Dollars Cents. $ 25,155.00 4. 1 L.S. Furnish materials, labor and equipment for sand blast surface preparation, priming and painting of the building rigid frame members (9 each) and south wall structure members with Sherwin William Zinc Clad IT Ethyl Silicate Primer and DTM Acrylic Coating or equal, and applied in accordance with paint Manufacture's recommendations for a lump sum price of Eleven Thousand, Five Hundred and NO Dollars Cents. $ 11,500.00 00300-3 e 495 [ J1 ~~ I I, I I I I, I ( .. .. . I I I I I I 496 BID BID DESCRIPTION OF ITEM WITH UNIT ITEM QTY. UNIT PRICE WRITfEN IN WORDS e UNIT PRICE EXTENSION 5. 1 L.S. Furnish materials, labor and equipment for the removal and installation of new electrical EMf galvanized conduct with wire and fixture mounts for a lump sum price of Five Thousand, Sixty Dollars Cents. and NO 6. 1 L.S. Furnish materials, labor and equipment for the removal and installation of new galvanized cross bracing rods for a lump sum price of Seven Hundred, Five Dollars Cents. and NO 7. 1 L.S. Furnish materials, labor and equipment for the removal and installation of80 L.F. new galvanized base angles for a lump sum price of Five Hundred, Sixty-Five Dollars Cents. and NO 8. 84 S.F. Furnish labor and equipment for the removal and replacement of deteriorated siding with removed siding for a unit price of Two and Forty-Five per square foot. Dollars Cents 9. 1 L.S. Furnish labor and equipment for removal and reinstallation of basket ball goals, out door lights and speakers for a lump sum price of One Thousand, Three Hundred TwentY-Nine Dollars and NO Cents. 00300-4 $ 2.45 $ 5,060.00 $ 705.00 e $ 565.00 $ 1,162.00 e $ 1,329.00 ~ BID BID DESCRIPTION OF ITEM WITH UNIT ITEM QTY. UNIT PRICE WRITfEN IN WORDS e------------------- 10. 1 L.S. Furnishing two sections of new gutters and two sections of new rake trim (approximately 28 L.F. each) to replace the damaged sections for a lump sum price of Eight Hundred Forty-Six UNIT PRICE EXTENSION and NO Dollars Cents. $ 846.00 TOTAL BASE BID AMOUNT to complete the CALHOUN COUNTY FAIRGROUNDS PAVILION BUILDING IMPROVEMENTS in Port Lavaca, Texas, being Items 1 through 10 above, is: Ninety-Three Thousand, One Hundred Eighty-One DOLLARS NO CENTS. $ 93,181.00 111111: 11111111111: 11111 11111 11111 11111 11111 III! 1111111111111111111111111111111 e BID ITEM ADDITIVE ALTERNATE BID DESCRIPTION OF ITEM WITH UNIT QTY. UNIT PRICE WRITTEN IN WORDS EXTENSION A. 1 L.S Furnishing new gutters, rake trim and ridge cap for entire building for a lump sum price of Four Thousand, Two Hundred Eighty-One Dollars and NO Cents. $ 4,281.00 +++++++++++++++++++++++++++111111+++111111++++11 I 1 1+1 1 1 1 I 1 1 111++++++++++++++ CONTRACT AWARD WILL BE BASED ON THE BASE BID AMOUNT WITH CONSIDERATION OF THE ADDITIVE ALTERt"iA TE. +++++++++++++++++11111 I 1 1+++1 1 1 1 11111 I 1 1 1 1 1 1 1 1 1+++++++++++++++++++++++++++++ 00300-5 e 497 I '1 I . .. ,! , . .' .' (: .' ,! ,: . . . . . 498 e 6. BIDDER agrees that the Work shall be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 90 Calendar Days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. The following documents are attached to and made a condition of this BID: a. Required Bid Security in the form of Bid Bond b. A tabulation of Subcontractors, Suppliers and other persons and organizations required to be identified in the BID. c. Document No. 00415 - CONTRACTOR's Corporate Resolution. d. Document No. 00420 - Bidders Qualification Statement. 8. Communications about this BID shall be directed to BIDDER's address indicated below. SUBMITTED this 20 day of May ,2002. Authorized Signature: e:E~f'- e Name: Title: PRESIDENT Attesting Signature: ~ia.llI)~NI~ Name: DIANE K. ALEXANDER Title: SECRETARY Legal Firm Name: EASLEY ROOFING AND SHEET METAL, INC. Business Address: P.O. Box 3464 - Victoria, Texas 77903-3464 Phone Number: 361/575-0294 Facsimile Number: 361/ 5 7 5-4 517 E-Mail Address(optional):brenn@easleyroofing.com State ofIncorporation, if applicable: TEXAS State Contractor License No.: Not Required END OF DOCUMENT 00300-6 e e e I I e DOCUMENT NO. 00415 CONTRACTOR'S CORPORATE RESOLUTION I hereby certifY that it was RESOLVED by a quorum of the directors of EASLEY ROOFING AND SHEET METAL, INC. (Name of Corporation) meeting on the 28tlUayof March 2002 , -, that Brent W. Alexander (Name of Principal) . be, President (Title) and hereby is, authorized to execute all documents necessary for the transaction of business in the State of Texas on behalf of the said EASLEY ROOFING AND SHEET METAL. 1NC. (Name of Corporation) , and That the above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full force and effect; and in authentication of the adoption of this resolution, I subscribe my name this 20th day of May , 20..2..2. ~lnl\J ~(UcL------ Secretary DIANE K. ALEXllliDER END OF DOCUMENT 00415-1 499 I I I I I I I . I I' tl t: I . . , I II . '1 11 500 DOCUMENT NO. 00420 BIDDER OUALIFICA nON STATEMENT BIDDER shall answer all questions, and answers shall be clear and comprehensive. This form shall be notarized upon completion. If necessary, BIDDER may use separate attached sheets to answer questions, and may submit additional information, if desired. Resume for each officer of Company and the Superintendent for this Project shall also be attached. 1 InCa . . BIDDER's Name: Easley Roofing and Sheet Meta , ~ rgaruzatlOn Date:3-15-56 Address;P.O. Box 3464-Victoria, Texas 77903-3464 IncorporationDate?-2-57 e Type of Work Performed; Roofing and Related Ever Fail to Complete Awarded Work? Ever Default on Any Contract? On-going Contracts; Sheet Metal Work Yo@ Yo@ DATE CONTRACT NAME ANTICIPATED AMOUNT COMPLETION See Attached Recently completed Projects (similar Type and Importance): PROJECT NAME MONTHlYEAR AMOUNT COMPLETED See Attached Equipment Available for this Contract; Credit Available; $ 600,000.00 e See Attached Bank Reference/Contact; Herschel Vansickle361/573-6321 First Victoria National Bank-P.O. Box 1338-Victoria The undersigned hereby authorizes any person, firm, or corporation to furnish any information requested by the COUNTY OF CALHOUN, in relation to the verification of the statements comprising this BIDDE~RIS Qualm tion Statement. Signed: ~ ~ Executed and sworn to before me, the undersigned authority, on this --1Q... day of Name & Title: BRENT W. ALEXANDER. PRESIDENT May , 20~. e MARY MOONEY . Notary Public State of Texas . . My Comm. Exp. 4.17.2003 Notary Public i MARY MOONEY L( - \ to ).QO[., END OF DOCUMENT 00420-1 e MEMORIAL MEDICAL CENTER - MONTHLY FINANCIAL REPORT Saad Mikhail presented the following monthly report for Memorial Medical Center. ~ MEMORiAL MEDICAL CENTER YEAR-TO-DATE SUMMARY APRIL 30, 2002 e OPERATING REVENUE LESS: OPERATING EXPENSES CHANGE IN INVESTMENT: Accounts Receivable- (Incr) Decr Accounts Payable- lncr (Decr) Prepaid Expense- (Incr) Decr Inventory (Incr) Decr TOTAL INVESTMENT CHANGE (INCR) DECR e PLUS: Depreciation Contribution to the County PLUS: County Subsidies EMS/Hospital Total Cash- Incr (Decr) LESS: Equipment Purchases NET CASH- INCR (DECR) e 6,219,371 (5,733,327) (74,813) (174,010) 11,070 (2,398) 486,044 (240,151) 245,893 518,062 o 763,955 (218,259) 545,696 (55,667) 490,029- 501 MEMORIAL MEDICAL CENTER CAPITAL EQUIPMENT ADDITIONS FOR FISCAL YEAR 20~ e DESCRIPTION EQUIPMENT AMOUNT BUILDING IMPROVEMENTS HOSPITAL MEMORIAL MEDICAL PLAZA = JANUARY Dialysis Chalfs . 11 ( Dialysis) Shelving Unit. ( Health Infonnatlon ) 3 Ton Air Handler (MMP. Dr. Rupley) $ 11.108.92 2,566.14 $ 1,575.00 $ 13.675.06 $ 1,575.00 FEBRUARY $ 884.00 918.95 1,802.95 CPU ( Data Processing) Mobile Cassette Holder ( Radiology ) $ MARCH Free Standing Hot Food SelVer ( Dietary ) 1.489.95 $ 1,489.95 $ $ e A,- ., HP Laserjet Printer ( Healttllnfonnatloo ) $ 838.71 Syringe Pump ( Nuclear Medicine ) 2,811.35 Refurbished Ice Machine ( 08 ) 2,195.00 TIF Grant Computers (Various J 31,279.25 37,124.31 $ $ SUBTOTALS $ 54,092.27 $ $ '._-J;~75.00 . GRAND TOTALS $ 54,092.27 $ 1,575.00 0 e PAGE 1 502 e e e 3 CALHOUN COUNTY, TEXAS COUNTY TREASURER'S REPORT ,\lONTH OF: . APRIL 2002 BEGINNiNG ENDING FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BAUNCE MEMORlAL MEDICAL CENTER; $1.351,576.81 S 1,090,705.23 OPERATING $515,954.48 $1.926.327.56 MEMORIAL 16,38\.9\ 31.91 0.00 16,413.82 RESllUCTED DONA nON 12,991.56 25.31 0.00 13,016.87 INDIGENT HEAL TIlCARE 1,074.61 65,024.33 64,988.60 [,110.34 CERTIFlCATES OF OBLIO INT & SKG 36.83 0.00 0.00 36.83 S546,439.39 SI,991,409.11 SI,416.565.41 $1,]21,283.09 CALHOUN COUNTY, TEXAS COUNTY TREASURER'S REPORT MONTH OF: . APRIL 2002 BANK RECONCILIATION LESS: CERT. FUND OF DEPOSIT PLUS: CHECKS BA.NK FUND BALANCE OTHER ITEMS OUTSTANDING BALANCE MEMORIAL MEDICAL CENTER: \,288,799.24 OPERATING 1,09(1,105.23 \ 98,094.01 MEMORIAL 16,413.82 16,413.82 RESTRICTED DONA nON 13.016.87 13,016.87 INDIGENT HEALTHCARE 1.1 ]0.34 1,110.34 , 36.83 CERT OF OBLiG INTEREST & SINKING 36.83 GE MRI SYSTEM FOR MEMORIAL MEDICAL CENTER - SINGLE SOURCE LEASE A Motion was made by Commissioner Galvan and seconded by Judge Pro-Tem Balajka to approve as a single source the lease of a GE Medical Systems Gold Seal LX Indigo MRI System for $2,000,108. Commissioners Galvan, Finster and Judge Pro-Tem Ba1ajka voted in favor. Commissioner Floyd abstained, as he wanted to see the financial information regarding this. He also asked that it be determined whether the Court has to approve the lease. Commissioner Galvan expressed concern for a lack of communication. 503 JUN 05 2002 2:02PM $ HP LRSERJET 3200 GE Capital Healthcare Financial SeTVices 1603 L.BJ FfHWIIY# 890, Dalfas, 7X 75244 May 11, 2002 Ms. Lynne voskamp, DlredOf' of Clinical SerVices Memorial Medical Center 815 N. Virginia Port Lavaca, TX 77919 Ms. Voskamp: GE Capital HealthC2re Financial Services ('GECHFS"\ is pleased to submit the following proposal: Contract Description: Equipment Descrtptlon: Net Equipment eost. T~ and Payment: leaSe Rate on Net Equipment Cost: Ad....ance Payment: End of Lease Options: Documentation Fee: ExpiJatlon: 504 True lease ot GE Medical systems ('GEMS') equipment. One(1)Gold Seal LX Indigo MR System (no additional equipment options included) $1,139,900.00 Gold seal LX Indigo MR system with Neurovascular Coil $ 190 000 00 ApprOximate .Buildout cost for CHR & AssociateS $ 1,329,900.00 Total Project Cost 72 months at $17,308.00 per month, piuS applicable faxes for the MR System. 72 months at $ 3,350.00 p.r month, plus applicable taxes for the buildout cost. 521 38 er month 72 months at $29, 179.38 per month, plus applicable taxes for total project 3:8% Blended rate for total project Note: The Lease Jate and paymetrts are baSed on an assumption that. at the time 01 funding, the then most rec<!nl WEekly average of 6 Year Treasury Notes will be 4.67%. If this is not the case, the Leas. rate and payments will be adjusted accordingly. $17,308.00 due at lease signing for the MR System. $ 3,350.00 due at lease signing for the bulldout cost. S 8 521.38 due at lease sianina for the ~ervice. $29,179.38 due at lease signing for the total project. Lessee may purchase all (but not less than aU) of the Equipment fO( its then fair market value, plus applicable taxes. renew the lease or retum the E.quipment to GECHFS. A documentation fee of $500.00 wlli be charged to Lessee to cover documentation preparation. document transmittal, credit wrtte-ups. lien searches and lien filing fees. The documentation fee is due upon Lessee's acceptance of this proposal and Is non_rerundable, This proposal and. all of Its terms shell expire on'May 30, 2002 if GECHFS has not recelVed Lessee's acceptance hereolby such date.. p.3 e e - -~ JUN 05 2002 2:02PM HP LASERJET 3200 e ADDITIONAL VALUE-ADDEO S{;NEFITS; . No dO'vVn payment required with equipment order . May qualify for operating lease treatment . Master cxmtract mak.es future equipment additions/upgrades faSt and easy . The convenience of one payment for boti'1 (easing and service during the term . No interim rent accruals; rents begin on lease commencement . End 01 Term dismantlement and shipping at GE's expense (excludes Gold Seal, MR, liS and PET) This proposal constitutes only a general, non-binding expression of interest on the part of GECHFS. This proposal is subject to GECHFS' credit, legal and investment approval process and is not intended to, and does not create a legally binding commitment or obligation on the part of GECHFS. The creation of such a legally binding commitment or obligation is subject to, among otl1er things, the completion by GECHFS of an in-depth investigation of the proposed investmen~ the results of which are deemed satisfactory by GECHFS and the negotiation, execution and delivery of definitive documents. GECHFS' standard documents will be used. We \oo~ 1000000d to your early review and response. If there are any questions, we would appreciata the opportunity to discuss this proposal in more detail at your earliest convenience, Please do not hesitate to contact me directly at (877)580-7359. Respectfully. :M ark.., S. <FarCill Mark S. Farlin GE Capital Healthcare Financial Services Acknowledged and Accepted: (Legal Name) e By: e Title: Date: Fed. 10 #: p.4 505 JUN 05 2002 2:02PM HP LASERJET 3200 . CE Medical Systems p.5 e 49<>\ E. IIQ1l5lOll H\OoY. St. J01\ Viaori=-. i(')f" i790J aOO-l2s-1S 16. 11198; '\ Date: May 13, 2002 Brenda; GE is pleased to quote you ll. Dicom Camera Upgrade for y= 8700 Dtj'View Camera located 1n CT. n'e upgrade consists of two items but aJ~a requires a nero.'Ork in radiology. This netWork can be accomplished by purchasing a K9000L ....itch tha1 included wiring in your department. John Leahy will be faxing you a separate quote for this item. By purchasing the netwOrk switch it will also allow you to view images from the MR on the workstation in Dr. Malec's office. ES201PY E820lPT 8800 Input Module Upgrade Dicom Print Licmse liST Price $14.500,' S 1,900 TOTAL YOUR Price $13,245.75 S 1.783.51 SiS,0:29.26 By \>pgrading this =era to dicom, fu= connections can be added by p=hasing a . . dicom license (E8201PT)only and connecting that device to the network. Pri~ is good through. August 31, 2002. Sincerely ~Cu.~ StanleyW. Ponis . Field'ServiceEngineer-GEMS 506 '. e \\ e r-~Ul'l : JUN 05 2002 2:02PM JI_:Hh LE"':;rl'j l"L;::;'~W~J..I-HUlJ::' I UI"V 1.:11::: HP LR5ERJET 3200 FHX NO. : ~81-~37-~417 ""~. 13 2= 09:S6A~1 e e e Io; ~E.M~IAl.. MEDtCAL CENTER 615 N VIRGINIA l""T L.8'WDCa. TX 1797"9 C. 1" , f'I \'-:J. = John ~y H.l....y 111 1 NMh loop West Suite '005 HQusioo, rx 71008 (262) 19BA1178 fax: 713-M.'\-4'M If_"" EOOC49.ESYO~ Monda)'. May 13, 2002 " , Network KIt ~c:ity 10 KOOOOL ! I I I I ! i i I [ I L-l.._ I D<sc,ijiiiOi!~' .~. Pe~OO=ON~ Kl \ P...."""""CO _ KlCclnlai"Ing.'01100""" e_ s..<tcl1, T_. and UTPCat*toru.ploSix~ Dcvice$. Kit InclUdes: 1..t;Mi;ationafthe A_'_~~u"mont. I ! I I TOT AJ.. NET EQUIPMENT $EI.UNG ProcE I 1, 0% Down with QrdQr 1 Too:r.Oueu~DtInr1ofYa(PI'Componlllltt8Wtt;tPt\Orio'~" ~. BafanOI Due gpo" Coal~n of CIlatan.tfon and A'lfalUbility for First Use I I ! .~ . PriCe~i ! I $10,000.00 I S1,ooo.OO I f1 ,0??.oo $2,000.00 I , .J ttRM.S NlD lXl'Q'11(WS POR <:.&SJl &AL& 1M ~ 'loaJic CG/IIl~......to..-.u""'....~farNp.o/lIduds"c:rOI<l t-..iI\:. ~p,....~DIIDI; 7r..2.C2 _~(J'I'~~,o.,r.QaIm.'Wfth.()o:oHI:".?""'c"UD(lI'lo.iIfety...~CornQot\_WJdPrilM"\O"'caI\IIliOl\"'--o-...l.OO"I~(W~~...:l ~flll",.\l1ItUM It)Q.I'WOlol!dil<ol(opIiiGlt.,,or.-fot.,.~<<lt, .tICllftW~dg,;un,"w;~bI-~b'ytU"~. 1hiII4-*'.h;I(b~l-.anly, O'llr.GECl:X1II8CtClln jMICtMM aliliRPVatW. ~a1cStiOrt lo"iI=~; .mMlat04lW...n 10m a(f~1iI ~ foryoul Clll"IIi!Ie..aar~ p.6 P2 507 MAY. 10 2002 8:07AM <;EMED 210-497-0518 p.? 1'.2 e JUN 05 2002 2:03PM HP LASERJET 3200 - Gf Medical Systems Memorial Medical Center OuantaCare Coveraee Featnres Equipment: GE LX Indigo MR Standard Featnres: . Unlimited Parts and Labor . 2 hour Oil-Site response . Weekdays, 8am-9pm Coverage . Next Day Parts Delivery . GE Recommi!tlded PM's During Contract Hours a . 30 minInSite Response - . InSite 24x7 . iLinq* . TiP Answer Lille . 10% Accessories D~COUDt . 97% Uptime Guarantee . Equipment Manager. . Broadband Connectivity (new and renewal contracts . on applicable products) Contract Term MaxI-Service Contract . Complete System Coverage: $ 122.708.00 annually Indudesmagnet and eryogens Ootlons: . .8:00am,.. ~:OOpmOlverage: $ 5250.00 deduct e 508 JUN 05 2002 2:03PM HP LASERJET 3200 MAY.l0 2002 8:07AM GEMED OuantaCate Full~se1Vice Plans GE's "no risk" equipment service solutilll! e For oany he:a1thcare provtders. the e:t:;:uipment service decision Is ob\:lous - a -no-rJs.k" fui).. sefV1ce ccnrract wLth a rl::h set of optlOna]3upport c..'>oices. If that's the \:.\.nd of protect1an 1Q'J. need ror your mast valuable healtnc.... t1:clr.lology '..et>. then )'ou wam a QuantaCare'" f..:.ll-servlct: cor-traCt. QumtaCare contractS gi... you tho !oO<Urt~J of no. r:sk, fixed-prlce service support. plus a getlefOU5 mi:< of current and next gtneration producctvlty and process e:1hancemeot options. /ill the C:!lpabi1itie~ tQ keep 'your equipment up and rur.ning and yout examination schedule an time. You &50 get c:omplete fIc:xlbillt)' to strUctcre yo~ lOenice coverage and. response e1ll1er on &. deparonel1t. wide or system-bJ-iYster'n baW. Oloase maximum coverai.e and T@spotl5e levels (or your m05C critlc.al ~(em:s._ reduced wverage for your l<lss 'oph~tk2lOd eqtJipment and bock-up rooms. Wi", GE. y"" get oll the service support you want.., but not more th~ )'OU need. Qu;iJity and nspomioeJJCS$ at ptediclabJe ttWs Mordable QuamaCare full-service offerln.gs bring )*Ou all the quaUty and responsiveness that buUt ca':! uti matched J'1!putatiO:l for outstandJng sef'\'lce. You receIve unlimited labor and parts. prompt phOfl6 response. rapld on.dte EIr'lEPneer1rlg support, a."'l<'i expedited repJacttnent p2ru delivmes: when- .ever you need them. In fact. we' re so con.fidEnt of our i.bUltytc perform that every Qual'\taCa.re contract ll\Cludes 8 minimum S5% uptlJne guarante.... and.. /Ugh as 99%. e 210-4S7-0S18 p.8 p.3 Full.service contractS an be a big part of your opendng budget. So w8're cOll5tUldy looking ior opportunities to enhance the customer ..alue of QuantaC2.re pliiul$. That's why we offer a large vatlety of featUle optl:)n3,.. 50 that you ca.n taUor your neecis to your budgeL Cast~ CtiVU8ge DptJom thai keep you proi/lK:ti'Ie As wlth.n of CE', Vi/1IJJl)' S.,ricu cffeTlngS., your QuantaCare cornrac:t prcvldC5 full proteCtJon of your v.aluable teChnology assets wtule glYlng you wide flexll:Ully In ,truetor. l11g your plan 1.0 f\t ~ na~". Adjust your iervice coverage hoots or customize any of 'Our other value- added productivity offerings: . You choose your level of acc:es5 to such "altJable GE OnUne SoMe.. ..lnSite~ remote diagno>-. tlc.i and oW' new I.lJ.nq - a5Si5tance tool We'll deliver aU recammended Pre1ientl....e Maintenance inSpectIOns. on )lour schedule. W3ether withIn Qr outsid.e contract bouts. or on W4.'1ekands . . . In addition to $umdare entitlements. you may order more or fe\\.-er TIP.Tif'", TLP OnSite'" and Le.a.rnlng Solutions On~trainjng progn.m.s at preferred pdctng I Select frem among (Iw-large and. growing array o{pr~wnservlces, lnduding St:aJ!PATI-i and. Focus on Hea1thCar~ edu.caHona\ p~gnuumir.:s. No IT.atter the co.ntlgurat1on }'otJ choose. yGur QtJantaCare fl111-5ervLce plan \\-iDbe one oC the best overall equipment semce".\UU 'I."t'tI.Uable. . 509 OuantaCare Full-service Support for your Mission-critical Equipment laborlP"" cr.....l\IY~ DlGITAlJPET X'I"MIIlS lk\Ilmlted labOr and part.s a . ~c;~~~-"--'-.' . -.-----.-.. ShclI'" .. II.... . · HCtrS of t~g; . ---"'24h(M,1s-" .--.- -.. '. · I.-"Y<) s....llJriCn;ghl · · 8em-9pm . · 8a~5Pr!!., ____._, 41J_ _..____.__~_ Hc~o(c.Ooi.;agi...--aa"".5pm · · (\vetkerxtf/'lalidayS) h~,5ptll~llrlY · · Ptepur'th.t!.~ OT hoLn 5 i'lDJrs pel Ytl~ . : 10r.oursperyeal . _~.~~~J!:1!!r___ __._.~___.., . hrts <teTiWti-.-..-.. Same MJ · · Nextd~~ . · . rMiw~ Jt..(.a!,;I~ ccr,r:gl.1l.tion e:ndicateSaw.:lcCIe :crI:g'.la\l::r\ Ar'Nl!.ll'lt-correctlve ~a;~site'~-.'" (within c:on.~s::t hoU~5) PM. . . . ,"-'-.--' . . . "---~".-H--'-' . . InSJte A!T'OUI1 GErecomm!ndedl. heOJ:ion t,ueekdays) Ol,.(s!de contract hOl.n · Withineonuacloours I!__. ~:~~=:~:-~f~~~"" ..-----: ResjXX't!>e time L'1'llne~iaIB : <~m:l'I ....__. HourS07tMca9; ...- """24Xr(e"i:\l1es iiMIUSr' -. l~ ,l(.I<C1udeS NMIUS) . Sarn.511I'l1:d . (mmediate - Z4 x 1 . lUlq Rb$pcnse!ime ~pII:allI'I'"'lUC1S"I~ COnnitTlent: m . Uptime 91% . OS" . A<<;ItISOri,s Accessories diSCOJr'( lt'l1 . . . . . -6ln_'p7l,lS(tI'Mctlt!-) 1ll1'l'1.apl\~5l\J'S.anl)') Eilaeatiol1 ],PAn~-1l~! . Unllmitatl _~.~__.. · liP.T! Prcgams ---AiirisiiOiis-- -". · 10P"'1"'" · : ;~'1lt5 3 t 2 conseelJt1vedIJ$r · · Zx2coos.eartl..eda)'S.O r - · lxaCM~.~._. _~,!..-..-_.._.~- lUmi.rta'sciiut~oriTriewiour5per:r:ar.. : 10 hourS peryefl" . F~S~~~~~-;~ ~~~~. ':~~:_~.~=~;_~.-~~:.- ~ iiPQ,S;i", .8 GE Medical Systems We Mng good things to life. gemedicafsySletnS.cam (irMtliJa:p/cc~"",,,,,,,"r..~.-~ .~~rllS"-I.__"",-","'Ilst--- .~~tr~_vMta;t,...",....lIwo.. r.~Ht,..Gt",-,-,_N~~"""""'" ~~::1t/iC111CC~ :'=~ICfDlDr.MUUS'A MID MONITORING SYSTEM FOR MEMORIAL MEDICAL CENTER - SINGLE SOURCE PURCHASE A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to declare a Demo Magnitude MRI Patient Vital Signs Monitoring System as a single source purchase for Memorial Medical Center. Commissioners Galvan and Finster and Judge Pro-Tern Balajka all voted in favor. Commissioner Floyd abstained for lack of financial information. 51-0 e e .:." e INVIVO RESEARCH~ L.~C. 1260: RCS;C~fCh Parkway Orlando, Aorida 32826-3226 l-107-275-322() 1_800-))1-3220 PAX: .'_407_'149_'2012 €f,~:~l:r~~~:~~:;::,;,:"<t,umenIS QUOTATION Cu510mer. MclIwriaI Ml:diW C=- 1115 N. VIJlliDia PI. Lavaca. TX 77979 Tel: 361-S52.()437 F",,: :16) _,5Ul443 Quouuion DGle: Quo1U'ioT. N\1mb-e.:: Last Revised: 51l2102- SE5097 5/3i)/02 e Attn: Ms. LyuDC VosIaImp Dir<aor of Clinioal $mIiclos Inl.livo A~lioba."th, Inc. it pl.ea5ed to ~ub:nit It\:.s QUomtlon, COt'l5istinQ 01 L page&, and otfttf$ Ie: sell thi tQIIOWV1g prOdUct!. describ6d here~ iid: price-s a.l'ld ~&tm$ f,ta:"ilO. ~i&et in your acc.;pto.nce 01 the tBl'l'T'S anl1ca1cliTiclI\s Cf1ttle tact! and baclt hereof ilnd SUeJECTTO CREDIT APPROVAL Tn:s Quotation e)l;ptr2S )0 days fran I$.;LJ3nCe. da1e. . . DESCRIPTION ....d . tVi Mo S Mu!li-lcadECCiwi1hDigUal SigDa! ~g (D>P) till:8riDg of the ECG oiSJllll fur ~o!Mlll~ anifacI Pulse Oximeur (Sp02) WIGrio SeIlIO' Ncm.Jn.....m Blood Pre$lIUO (NlIlPl End-Tidal CO2 (&C02l Duol-cIwultI _ gt2jlIIical aDd - tRIl<liJlg Wlrd_ bi~ 2.4GHz 'Jlll'ad specJIIllll.~""""cation t>etw= Magnittldo MRI Moui1Or aad l\=lG Coouol PispIay lIIODitor. Jlr.quiros no tnstalIation. R<:molc CautloI Dioplay MIlaiIor "'" bo pIaQcd iIllbe ~tnll IOOIIl./ MlU too'" .All patllIIldOI$ &IIllllOrl adult. p<dialric,llIld llOOlIlIllIl apPlicoiioJlS 8 bouts ba1=Iy OIl<; "'Iou Wanamy. Puts and Labor (w1l)I.1h.IIlCCIIp'IM:IlQf~'pn. 5OdIqI. '~o:Sluarud'~lZ~) UNIT PRICE SW,OOO.OO TOTAL USD S4O,ooo.00 ITEM OiY I . "\~ I : I : \ . . \ , I I e1 Th~ Q..jo~llOr'l and B.ny contract basad IhillrQO(l u:. rIOl ~Gl'\&bl. without tna prior Q)(prllJlIiI "ljr'ltlen oonatlnt 01 the company Quotation As Purchase Order 'This: quo"'.a.lion may be used iili a purchase Older by $igllin~ and &ntering tI'l! inlormatiorl DQIow, Terms 0; DeiLvery: f.O.B. Factory Shipment: Approx. 3() Days A.R.O. Terms 0: paymem: Net 30 Days ~' VIVO RESEARCH. ~ .,'c_,~/? - " omRepn. ~~ hvo. ].800-331~3:l20CXI<laiDn233 n TomOyler. ~Maoa:er, 1-8llO-J31.3llO ~ 270 BUYER EC," 5877 LJ 120 Rev. A Si~ned __...~. _~---- Pnnted Name:____. 1I\le: ___~. J;le~..ece Jfsc~ TRANSFER FUNDS TO MEMORIAL MEDICAL CENTER THIRD OUARTER SUBSIDY e A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to authorize a transfer to Memorial Medical Center in the amount of $206,388 for the third quarter subsidy due July 1,2002. Commissioners Galvan, Floyd, Finster and Judge Pro- Tem Balajka all voted in favor. 511 FIREWORKS BAN Rob Thigpen with the Port Lavaca fire Department stated unless action is taken regarding a fireworks ban, there will be problems. e A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to adopt the following Order Restricting Use of Aerial Fireworks in Unincorporated Areas of Calhoun County and to authorize the designated areas approved in the Order as excepted areas. Commissioners Galvan, Floyd, Finster and Judge Pro- Tem Bala)ka all voted in favor. STATE OF TEXAS COUNTY OF CALHOUN ORDER RESTRICTING USE OF FIREWORKS IN UNINCORPORATED AREAS OF CALHOUN COUNTY WHEREAS, the Texas Forest Service has determined that drought conditions exist within this county; and WHEREAS, aerial fireworks is defined as being those items classified under 49 C.F.R., Section 173.100(r)(2) (10-1-86 edition) as skyrockets with sticks and other pyrotechnic devises that have fins or rudders for the purpose of achieving aerodynamic flight, including devices that would be considered a missile or a rocket; and e WHEREAS, the use of aerial fireworks in non.designated areas during these drought conditions would constitute an unreasonable risk to life and property. THEREFORE IT IS HEREBY ORDERED by the Commissioners' Court of Calhoun County that the use of aerial fireworks within this county is prohibited except as excepted below. All persons selling fireworks within this COUnty shall provide reasonable notice of this order. This order is adopted pursuant to Section 240-904, Local Government Codes, and other applicable statutes. Violation of this order is a Class C Misdemeanor, punishable by a fine not to exceed $500.00. BE IT FURTHER ORDERED that the following are excepted areas, to wit: Port Alto Beach The Point at Haterious Park Stevens Bayou Bridge to Burns Courts; bay side of roadway Swan Point Park (if not closed) Six Mile Park King Fisher Beach (sand area only) '" ,1!'VR.:QOPTED THIS 13TH DAY OF JUNE, 2002 BY THE CALHOUN COUNTY CONtMf5'SIGNERS' COURT. - ',-"' '/."' "'_~'~~;~i,~/ .. -' ~,' -". .' - '-,- ..:.; .. . ,~ -. .~. "- ;"1 .. "~'-" ,r '/."" ..'~"" . r\. TTES-T;'i.." .' ." '-' C ij ~ ' . ~~::r,c~ e ~AV~~~--AA -d _ Arlene N. arshal, ounty Judge 512 2002 CALHOUN COUNTY SALARY ORDER - AMENDMENT TO ADD EMS PERSONNEL A Motion was made by Commissioner Galvan and seconded by Commissioner Floyd to amend the 2002 County Salary Order to add Emergency Medical Services personnel to the County payroll. Commissioners Galvan, Floyd, Finster and Judge Pro- Tem Balajka all voted in favor. e AMENDMENT TO THE 2002 COUNTY SALARY ORDER EFFECTIVE JULY 1. 2002 EMERGENCY MEDICAL SERVICE Emergency Medical Service Employees, with the exception of the Appointed Official and the Assistant, are paid on per hour worked basis. Following are the Employee Category and maximum hourly rate for each category: Catellorv Maximum Hourlv Rate Emergency Medical Technician Emergency Medical Technician-I Paramedic Licensed Paramedic Crew Leader Licensed Crew Leader Supervisor Licensed Supervisor $ 10.40 $ 10.85 $ 11.81 $ 12.95 $ 13.36 $ 14.52 $14.49 $ 15.74 In addition, employees are paid an overtime rate of one and one-half limes the above rates. An employee on call is paid an hourly rate of $1.00. All Emergency Medical Service salaries will be paid hi-weekly. Following are salaried employees: Bl- Weeldy Pay Rate Annual Pay Rate e Appointed Official (Director) Assistant $1,992 $1,806 $51,792 $46,945 EMERGENCY MEDICAL SERVICES - BlLLING SERVICES CONTRACT Jerry Canibom, CEO of Alexander Consulting, Inc. and Forrest Seale, Consultant, were present in Court. Commissioner Finster commended Commissioner Floyd and EMS Director Henry Barber for their excellent work. A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to enter into a contract with Alexander Consulting, Inc. for professional services for Emergency Medical Services and authorize Commissioner Finster to sign. In discussion, Commissioner Galvan thanked the gentlemen for allowing him to visit with them while he was in San Antonio. He suggested they use collection agencies as little as possible. e Commissioners Galvan, Floyd, Finster and Judge Pro- Tem Balajka all voted in favor 513 e PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement is made and entered into, by and between Calhoun County hereinafter referred to as "Provider" and Alexander Consulting, Inc., hereinafter referred to as "Consultant" and is effective as of the date last signed below. The terms of this Agreement are as follows: I. This Professional Services Agreement will authorize Consultant to use its expertise and knowledge to process and follow-up on one hundred (100) percent of Provider's future claims relating to medical transportation services for Provider's patients; and during the term hereof, Provider will not perform any processing for said transportation services. Consultant will receive, from Provider, all of said claims, for processing and follow-up. Consultant shall effect and perform all necessary functions as may be required by first, second or third party insurers and governmental agencies for the submission of proper claim forms and data to obtain payment of claims on behalf of Provider. The process shall begin with transports/runs as of the contract signature date or such other date agreed by both parties in writing. 2. Consultant will advise Provider as to the status of their accounts receivable by submining to Provider, on a monthly basis, the following written reports: (i) Cash Receipts Report, (ii) Gross Revenue Report, (iii) Detailed Aged Accounts Receivable Report, and (iv) Call Report 3. Provider will forward to Consultant, in a timely manner, all pertinent patient information; i.e., medical information, insurance information, transport record, cover sheets, and any other information required to carry out the comprehensive claims processing function in accordance with HIP AA regnlations and the attached Business Associates Agreement in Addendum A. Consultant will process Provider's patient transports in a timely manner with the exception of accounts, which have incomplete or missing information such as patient name, insurance documentation, medical and any other missing information required for processing. Provider will obtain and include the patient's signature on information forwarded to Consultant, with the exception of patients physically unable to sign; i.e., emergency transports. e 4. Provider will exercise due diligence in complying with applicable laws and regulations regarding medical transports and medical necessity for the transport, and Consultant will not be held liable for Provider's actions. Consultant will exercise due diligence in complying with applicable laws and regulations regarding claims processing; and Provider will not be held liable for Consultant's actions. If any provision of this agreement becomes prohibited under the rules, regulations or reimbursement policies of any third-party reimbursement program, any federal or state statute, rule or regulation, or administrative or judicial decision, the parties shall alter the terms of this agreement to the minimum extent necessary to eliminate the violation. (See Attachment B regarding Compliance). The County Auditor may access Alexander Consulting's records for auditing purposes by scheduling a mutually feasible time to do so. This may be accomplished by sending electronic zipped files or by sending files via modem, by on-site inspections, or mailing, faxing, or e-mailing requested files. 5. All reimbursement pa)meuts for Provider services processed by Consultant from all payor sources (Medicare, Medicaid, private insurance, private pay and any other) shall be mailed directly to a P.O. Box in Provider's name at a location convenient to Alexander Consulting's office. Alexander Consulting will mail the checks to the County Treasurer. Provider shall fill out Post Office Box application and submit with required fee to Consultant. e 6. Provider shall submit to Consultant within five (5) business days of receipt copies of any Explanations of Benefits (EOB's), claims correspondence, denials, remittance status reports, and copies of checks from all payor sources that are received by Provider. Provider Initials Consultant Initials 51.4 / e e e 7. As compensation for Consultant's services, Provider will pay Consultant a fee equal to 8% of all payments collected for claims processed for and on behalf of Provider that have dates of service on or after the effective date of this agreement (Stated in Paragraph I). Collected payments will include (i) cash/reimbursement received by Provider during the month for which remittance documentation described in Item 6 has been submitted to Consultan~ and (ii) cash received by Provider in prior months for which remittance documentation had not been previously submitted to Consultant Consultant's fee, including any applicable taxes, is due and payable upon receipt of invoice. If the fee is not received within 30 davs after receip~ a late charge of 1.5% of the monthly fee will be assessed. Consultant has the option of stopping all services and processing until the fee is received In full. Once the fee is received in full, the Consultant will resume all processing activities as defined in this agreement. This temporary stoppage of processing activities does not in any way constitute cancellation or termination of this contract. The only way this contract may be canceled is by the terms in Item 12 of this Agreement The fee maybe adjusted at the time of renewal (See Item 12) based on the clUIent Employment Cost Index for the industry category as published by the U. S. Department ofLabor, Bureau ofLabor Statistics. Any price adjustment must be presented to the Provider at least 60 days before the effective date of such price increase. Price increases will only be considered ifpresented by Consultant to Provider within 60 days before or after the yearly anniversary date of this provider service agreement 8. Consultant will provide an annual training session at no charge in Port Lavaca to address issues that affect billing and reimbursement. Sample topics are: narrative writing, documentation, and new Medicare and Medicaid regulations. The initial training session will be held prior to July 1, 2002. The second training session will be scheduled approximately one year later. Any additional training sessions during the initial two years will be at a nominal fee to cover costs and must be scheduled at a minimum of 60 days in advance of the session. Additional training sessions may be offered in San Antonio periodically. Provider may engage the professional services of Consultant for special projects. Representatives of both parties will authorize the terms of agreement in advance by written agreement The fee will be based on an hourly rate, a negotiated (flat) fee, or such other terms agreed by both parties. 9. Provider hereby authorizes Consultan~ if and when necessary, to obtain credit information of any patient. Consultant will submit to Provider a list of all delinquent accounts being recommended for referral to a collection agency and/or credit bureau. Consultant will report patients to the collection agency/credit bureau upon approval by the Provider. (SeeA.ddendum C for information regarding the services of one of our collection agency affIliates.) 10. Provider hereby authorizes Consultant to settle any dispute of payment for services rendered directly with payors. Consultant will not be responsible for any remaining unpaid balance from such settled patient accounts. 11. This Agreement shall be for a term of one (1) year and automatically renew for one (1) additional twelve (12) month period. Consultant will [fProvider is not satisfied with the performance of Consultan~ Provider may give Consultant v.ritten notice of the dissatisfaction and the reason(s) Provider is dissatisfied. Consultant will have 60 days to improve in the area(s) of deficiency ("Opportunity to Cure.") If Consultant has not cured the deficiency to Provider's satisfaction by the end of the 60-dayperiod, Provider may give ConsuItant a 60-davwritlen Notice of Cancellation. Deficiencies must be substantiated. The Notice of Cancellation may be exercised any time after the first six (6) months of the initial term of this Agreemen1. 12. After cancellation (end of second 60-dayperiod in Item II above) or expiration of this Agreemen~ Consoltant will not continue any processing and/or follow-up and will not be obligated for anynew claims that might become outstanding after the date of cancellation unless both parties agree in writing. Consultant will conlinue to process claims for transports made through the cancellation date. Subsequent to the cancellation date, payments will be received for claims that were processed prior to the termination date. Provider will continue to send copies ofEOB's and other documentation of reimbursement/payments to Consultant for all medical transports with dates of service prior to the cancellation date. Consultant will continue to bill Provider monthly based on cash receipts received by Provider Initials 2 Consultant lnitials_ 515 e Provider during the post-cancellation period for payments received for claims plocessed prior to the cancellation date. Consultant will also continue to plovide monthly financial reports. If Provider notifies Consultant In writing that Provider requests that Consultant discontinue follow-up prior to the effective date of cancenatlon, Consultant Is entitled to payment for processing services previously provided that wlll generate cash receIpts. Using previous average cash receipts, a settlement will be paid. Upou payment of the settlemeut, all records relating to Provider's claims win be retnrned to Provider. The settlement shall be equal to the average cash receipts for the previous months multiplied by three (3), multiplied by eight percent (8%). For example, if the previous three (3) months' cash receipts were $30,000, $20,000, and $25,000, the average would be $25,000. Three (3) times $25,000 is $75,000 times 8% Is $6,000. The settlement amount would be $6,000. 13. Upon expiration of this Professional Services Agreement, Provider may elect to have Consultant continue plocessing and follow-up efforts on outstanding accounts for a specified period not to exceed six (6) months. If Consultant is monitoring any collection agency results those fees associated with the administration will continue until the wind up of indefinite assignment in Addendum B, Ite:m 6. 14. This Agree:ment supersedes all prior oral or written agreements between the parties and contains the entire agreement of the parties with respect to the subject matter hereof. This agreement may not be amended or revised by the parties except by written agreement signed by both parties. 15. In the event Provider sells, merges or otherwise transfers EMS operations to another entity, the t=s of this Agreement will remain in effect and may be assigned to the new operator and/or owner, with the written permission of both the new Provider and the Consultant. In the absence of assignment of this agreement, a buyout option may be exercised by paying to Consultant a one-time lump sum payment equal to 8% (service fee In Item Number 8) of the average cash receipts for the previous six (6) months times six (6). The buyout fee covers the plocessing services for outstanding accounts previously plocessed by Consultant at the time ofoperationslownership change and supersedes the fee payment for payments outlined in Item Number 13 of this Professional services Agreement. Upon receipt of the buyout payment to Consn1tant and all monthly fees, this Professional Services Agreement will be canceled and Provider will be released from all financial responsibility related to payment of professional services to Consultant. It is the responsibility of Provider to include the require:ments of this paragraph in any agreement for the transfer of operations or ownership. 16. If a dispute arises out of this contract and such dispute cannot be settled through direct negotiations between the parties, the parties agree to endeavor to resolve the dispute through mediation. If the parties cannot agree upon the selection of a mediator, the parties will each furnish a list of three (3) members of the American Health Lawyers Association living within 50 miles of San Antonio and experienced in contract law within five (5) days offailure to agree. The first matching name that appears on both Jists will be the mediator. In the event there are no matching names, each party will have the right within five (5) days to strike one name from the others list. One of the remaining four (4) names will be drawn by lot by an impartial party to select the mediator. The mediation shall take place in Bexar County, Texas within thirty (30) days from the date such mediator is selected. In the event that such dispute cannot be resolved by mediation, the parties agree to submit the matter to arbitration, in Bexar County, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (MA). If the parties cannot agree upon the selection of an arbitrator, a member of the MA shall be selected using the same process as used in selecting the mediator. e 17. Consultant shall indemnify Provider for, and hold Provider harmless from, all damages assessed against Provider by any person or entity which damages were caused solely by Consultant's grossly negligent acts or omissions in Consultant's performance hereunder. Provider shall ind=ifY Consultant for, and hold Consultant harmless from, all damages assessed against Consultant by any person or entity which damages were caused solely by Provider's grossly negligent acts or omissions in Provider's performance hereunder. This hold harmless agreement does not and will not be applicable to any claim of adjustment or request for reimbursement made by any insurance company or any servicing agency or governmental agencies that may be made as the result of audits or denials of Provider Initials 3 e Consultant Initials_ 51.6 e e e claims made as provided by those companies' policies or governmental regulations or laws, including Consultant's fees charged, except for any adjusunent s or denials for reimbursements which (i) are solely the direct result of Consultant's negligent act or omission and (ii) are for claims which Provider was entitled to receive and would have received but for Consultant's negligent act or omission. 18. The nature of this agreement requires the exchange of confidential medical records that may be regulated by law. Consultant agrees and acknowledges the importance of keeping its records confidential, and shall not act or be the custodian of any records except those as are necessary for the submission of claims and processing purposes. Anyrequest or subpoena for the release of Provider's processing records shall be addressed or forwarded to Consultant and Consultant shall be responsible lherefore, and any request for any other related records shall be addressed or forwarded to Provider and Provider shall be responsible therefore. Consultant has developed and O'WllS equipment, computer hardware and software as well as processing data, profiles, statistics, fees and codes for its claims processing. Such data and information as well as the processing systems and related functions are the property and trade secrets of Consultant; and Provider shall not release any such information relating to Consultant's claims processing data. All files and records received by Consultant for claim processing and Consultant's other records shall remain in the possession of Consultant during the term of this agreement. Hard copies of al!records will be retwned to Provider within six (6) months of completion of this agreement, unless otherwise agreed to in writing by and betweeu lhe parties. 19. The invalidity or unenforceability of any particular provision of this agreement shall not affect the provisions hereof, and lhis agreement shall be construed in all respect as if such invalid or unenforceable provisions were deleted. 20. This agreement shall be interpreted according to the laws of the State of Texas, with venue lying solely in Bexar County, Texas. 21. Any notice required or desired to be given to a party under the terms and conditions set forth herein, shall be properly given if personally delivered or deposited in the United States Mail, postage prepaid, certified or registered, and addressed to the party at the address set forth below the party's signature to this agreemeut Provider (Date) Printed Name of Provider Representative (Date) Calhoun County Gerald S. Cambron. Chairman Printed Name of Authorized Representative Alexander Consulting, Inc. 6243 IH 10 West, Suite 555 San Antonio, TX 78201 Consultant (Date) Provider Initials 4 Consultant Initials_ 517 ADDENDUM A BUSINESS ASSOCIATE CONFIDENTIALITY AGREEMENT The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires "Business Associates" of health care entities to provide assurances offollowing the Privacy Rules contained within the Act. This is normally done by contract. (See 45 CFR Section 164.50[ eJ[2]). In consideration of being given access to highly confidential patient information, as a contracted agent for Provider, Alexander Billing and Consulting, Inc. agrees as follows: 1. Alexander Billing and Consulting, Inc. shall not use or disclose Protected Health Information (PHI) except as provided in their Professional Services Agreement or as required by law. 2. Alexander Billing and Consulting, Inc. shall implement and maintain appropriate safeguards to prevent the use or disclosure of PHI other than as provided in their Professional Services Agreement. 3. Alexander Billing and Consulting, Inc. shall report to Provider any use or disclosure of PHI in violation of this agreement of which Alexander Billing and Consulting, Inc. becomes aware. 4. Alexander Billing and Consulting, Inc. shall ensure that any subcontractors or agents to whom it provides PHI received from the Provider agree to the same restrictions and conditions that apply to Alexander Billing and Consulting, Inc. with respect to such information. 5. Alexander Billing and Consulting, Inc. shall make PHI available to the individual subjects of such information in accordance with applicable law. 6. Alexander Billing and Consulting, Inc. shall incorporate any amendments or corrections to PHI when so notified by Provider. 7. Alexander Billing and Consulting, Inc. shall provide for an accounting of uses and disclosures of PHI for PU11Joses not related to treatment, pa)IDent and healthcare operations, as requested by Provider. 8. Alexander Billing and Consulting, Inc. shall make its internal practices, books, and records relating to the use and disclosure of PHI received from the Provider available to the Secretary of the Department of Health and Human services (HHS) for purposes of determining Provider's compliance with the HIP AA Privacy Rule and other applicable law. 9. At termination of their Professional Services Agreement and after final pa)TIlent settlement, if feasible, Alexander Billing and Consulting, Inc. shall return all PHI received from Provider that Alexander Billing and Consulting, Inc. still maintains in any form and retain no copies of such information. 10. In the event the Provider knows of a pattern of activity or practice of Alexander Billing and Consulting, Inc. that constitutes a material breach or violation of this Confidentiality Agreement, reasonable steps must be taken to cure the breach or end the violation. If such steps are unsuccessful, the Provider may terminate their Professional Services Agreement. Provider (Date) Alexander Consulting, Inc. (Date) Provider Initials Consultant Initials_ 5-1& e e e 5 e e e ADDENDUM B COMPLIANCE Responsibilities of Consultant: I. Consultant will implement and maintain an effective hea1lh care billing compliance program lhat includes lhe seven (1) elements for effective compliance programs as outlined in lhe U. S. Sentencing Commission Guidelines and Heallh and Human Services Inspector General's Compliance Guidance for Third-Party Medical Billing Companies. 2. Consultant will ensure that all consulting company coders receive specific annual coding training and lhat coders have readily accessible and available current coding and billing reference material. 3. Consultant's employees will refrain from lhe submission of questionable claims and notifY lhe Provider in writing within thirty (30) days of determining credible evidence of a pattem of misconduct (e.g., false documentation) on lhe part of the Provider. If Provider fails to cure lhe pattem of potentially fraudulent or abusive conduct, lhe Consultant may terminate lhis professional services agreement with mitten notice. 4. Consultant will conduct regular and periodic audits of credit balances (overpayments) and promptly notifY lhe Provider in writing oflhe status of such credit balances and recommend, as appropriate and necessary, lhat lhe Provider promptly return overpayments obtained from federal andlor state heallh care programs. 5. Consultant will take all reasonable steps to ensure data integrity in computer systems used for electronic data transfer. 6. Consultant will investigate and correct, as appropriate and necessary, reported credible evidence of misconduct on lhe part of Consultant's employees. Responsibilities of Provider: 1. Provider is to implement and maintain appropriate compliance standards; training and education; and to audit and monitor its compliance duties. 2. Provider is to document accurately and completely lhe medical services provided for which reimbursement is sought 3. Provider is to be aware of and follow proper documentation and medical necessity requirements for federal and Slate programs. 4. Provider will refrain from submitting false or inaccurate information, documentation or records to Consultant. 5. Provider will expeditiously correct identified false or inaccurate information, documentation andlor records. 6. Provider will notifY Consultant in writing within 30 days of determining credible evidence of misconduct on lhe part of the Consultant (e.g., improper submission of claims). 7. Provider will take all reasonable steps to ensure data integrity in computer systems used for electronic data transfer. Provider Initials Consultant lnitials_ 6 519 520 8. Provider will promptly investigate and correct, as appropriate and necessary, reported credible evidence of misconduct on the part of Provider. Responsibilities of both Provider and Consultant: I. Provide open, frequent and regular communications between Provider and Consultant; i.e., Consultant providing written monthly billing reports. 2. Conduct an annual review of their respective compliance programs to ensure the compliance program is up-to-date, effective and being followed. Provider (Date) Alexander Consulting, Inc. (Date) Provider Initials Consultant Initials_ e e e 7 ADDENDUM C e AGREEMENT ON ACCOUNTS ASSIGNED FOR COLLECTION BY PROVIDER, TO CENTRAL STATES RECOVERY (CSR) This agreement is made by and among Consultant, Provider and CSR as independent entities, with no association, agency or partnership being established or intended by this agreement. Provider has unpaid accounts which it desires to have collected, and CSR, which is qualified to collect such accounts as may be referred to it by Provider or Consultant, desires to collect same. CSR agrees to the following: I. To remit the Provider's share of any monies due them within 20 days oflatter the end of the month and the portion that is due Consultant for their administration of the collection placements on the same schedule. 2. 3. 4. 5. e 6. 7. To furnish invoices and written reports of placements and recoveries to Provider and Consultant on a monthly basis. Never to have its anomey file suit without the Provider's or Consultant's permission. Not to settle any accounts for less than ninety (90) percent of the Provider's share without proper authorization from the Provider or Consultant. To permit the Provider or COllsultant to audit their accounts during normal business hours and at reasonable intervals. To conduct collection activities within the requirements of the Fair Debt Collection Practices Act (Title VII of the Consumer Credit Protection Act, 15 U.S.c. 1601) and any applicable state or local statutes. To allow Provider or Consultant to withdraw an account placed in error. Justification for withdrawal includes, but is not limited to: patienUguarantor bankruptcy and account paid prior to placement. Provider and Consultant agree to the following: I. That diligence will be used to ascertain that accounts assigned are legally due and the indicated responsible parties, dates and prillcipal amounts are accurate. 2. Provider will pay CSR and Consultant their agreed cOmUlission rates whether paid to the Provider or directly to CSR and regardless of the source ofpa)'lllent (insurance, relatives, merchandise, etc.) CSR is entitled to its agreed commission from the date of placement. (In Texas, gross collections are taxable as debt collection services. [Tax code, section 151.0036 and section 151.107]). 3. Court filing fees advanced by CSR are deducted from the first monies collected, including any compromise settlements agreed to by the Provider or Consultant. AttOrlley fees are paid on a pro rata basis from monies collected, including any compromise settlements agreed to by the Provider or Consultant. 4. CSR retains any interest collected after the prillcipal sum has been paid to offset losses on legal claims and claims forwarded out of area. 8 e Provider Initials Consultant Initials_ 521 e 5. CSR and Consultant will not be liable for any accounts that aw'become uncollectible due to the statute oflimitations or timely filing deadlines having expired and may cancel/return any such accounts. 6. Accounts are assigned for an indefinite time but may be canceled by request after 6 months unless debtors are paying regularly, in legal proceedings, forwarded to another collection agency or in an advanced process of collection. 7. CSR may offset any monies due Provider against any unpaid invoice(s) which are unpaid more than thirty (30) days from date of invoice for both CSR and/or Consultant. 8. CSR is authorized to accept and deposit negotiable instruments presented for payment on accounts placed for collection by Provider/Consultant (subject to Medicare reassignment prohibitions). 9. CSR is authorized to accept no less than 90% of the placement amount as full settlement, at the agreed commission rate, unless authorized by Provider or Consultant. 10. Provider agrees to pay a late charge of 1 y,% per month on invoices paid more than thirty (30) days after the date of the invoice. 11. Provider will pay reasonable attorney fees, court costs and related costs should the Provider's account with CSR be referred to an attorney. Provider will pay collection agency fees if Provider's account is otherwise placed for collection. ACKNOWLEDGED COMMISSION RATES e Provider, Consultant and CSR agree that the commission rate is 35%. An additional fee of6% will be paid Alexander Consulting, Inc. (Consultant) for the administration and reconciliation of the monthly reports with CSR. This agreement applies to all accounts assigned prior to this date and to any further assignment unless modified in writing by all parties. Provider (Authorized Signature and Title) Printed Name of Provider Representative (Date) Alexander Consulting, Inc. (Date) Printed Name of Authorized Representative Printed Name of Authorized Representative Central States Recovery 1314 North Main Street P. O. Box 3130 Hutchinson, KS 67504-3130 (Date) e Provider Initials 9 Consultant Initials_ 522 e e e ADDENDUM D BUSINESS ASSOCIATE CONFIDENTIALITY AGREEMENT The Health Insurance Portability and Accountlbility Act of 1996 (HIPAA) requires "Business Associates" of health care entities to provide assurances offollowing the Privacy Rules contained within the Act. This is normally done by contract. (See 45 CFR Section IM.50[ e][2]). In consideration of being given access to highly confidential patient information, as a contracted agent for Provider, Central States Recovery agrees as follows: 11. Central States Recovery shall not use or disclose Protected Health Information (PHI) except as provided in their Professional Services Agreement or as required by law. 12. Central States Recovery shall implement and maintain appropriate safeguards to prevent the use or disclosure of PHI other than as provided in their Professional Services Agreement. 13. Central States Recovery shall report to Provider any use or disclosure of PHI in violation of this agreement of which Alexander Billing and Consulting, Inc. becomes aware. 14. Central States Recovery shall ensure that any subcontractors or agents to whom it provides PHI received from the Provider agree to the same restrictions and conditions that apply to Alexander Billing and Consulting, Inc. with respect to such information. 15. Central States Recovery shall make PHI available to the individual subjects of such information in accordance with applicable law. 16. Central States Recovery shall incorporate any amendments or corrections to PHI when so notified by Provider. 17. Central States Recovery shall provide for an accounting of uses and disclosures of PHI for purposes not related to treatment, payment and healthcare operations, as requested by Provider. 18. Central States Recovery shall make its internal practices, books, and records relating to the use and disclosure of PHI received from the Provider available to the Secretary of the Department of Health and Human Services (HHS) for purposes of determining Provider's compliance with the HIP AA Privacy Rule and other applicable law. 19. At tennination of their Professional Services Agreement and after final payment settlement, if feasible, Central States Recovery shall return all PHI received from Provider that Central States Recovery still maintains in any form and retlin no copies of such information. 20. In the event the Provider knows of a pattern of activity or practice of Central States Recovery that constitutes a material breach or violation of this Confidentiality Agreement, reasonable steps must be taken to cure the breach or end the violation. If such steps are unsuccessful, the Provider may terminate their Professional Services Agreement. Printed Name of Provider Representative Provider (Authorized Signature and Title) (Date) Printed Name of Authorized Representative (Date) Central Stites Recovery Provider Initials 10 Consultant Initials_ 523 AUTHORIZE INSTALLATION OF POTABLE WATER LIENS FROM SEADRIFT TO SWAN POINT LANDINGS SUBDIVISION IN MARINA AND HARBOR ROADS RIGHT-OF-WAY IN PCT. #4 A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to grant permission to Swan Point Landing, Ltd. to install potable water lines from Seadrift to Swan Point Landings Subdivision in the right-of-way of Marina and Harbor Roads in Precinct #4. Commissioners Floyd and Finster and Judge Pro- Tem Balajka all voted in favor. (Commissioner Galvan was absent from the room when the vote was taken.) e LAGOON LANE AND SHORE ROAD IN PRECINCT #4 - DONATION OF ROAD MATERIALS Joe Janda stated the developers of Swan Point Landing Subdivision, Swan Point Landing, Ltd. proposed to donate materials of processed base and precoated limestone to upgrade the condition of county roads Lagoon Lane and Shore Road adjoining the subdivision if the County will upgrade the roads. Commissioner Finster stated these roads are not part of the subdivision, these are existing roads available for use by others. This will benefit the County and the developers. Commissioner Floyd was concerned that this would set a precedence. A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to accept the donations of processed base and precoated limestone fr", Swan Point Landing, Ltd. to upgrade condition of county roads Lagoon Lane and Shore Road adjoining Swan Point Landing Subdivision. Commissioners Galvan, Finster and Judge Pro-Tem Balajka all voted in favor. Commissioner Floyd opposed for reasons expressed. WEST SIDE CALHOUN COUNTY NAVIGATION DISTRICT - RE-APPOINT COMMISSIONERS e Teddy Hawes, Commissioner of West Side Calhoun County Navigation District suggested the term of the district's commissioners be staggered; two members for a one year term and one member for a two year term. Alan Allmeroth, a semi-retired resident of Port O'Connor submitted his name for consideration as a member of the Board of West Side Calhoun County Navigation District, and expressed his views and proposals concerning the position and the district. A Motion was made by Commissioner Galvan and seconded by Commissioner Floyd to re-appoint the members of the West Side Calhoun County Navigation District, Teddy Hawes, Jack Campbell, Jr. and Walter Pilgram, Jr. In discussion, the staggering of terms was put on the agenda for June 27, 2002. Mr. Hawes stated all meetings are posted, quarterly reports given and some articles published. Commissioners Galvan, Floyd, Finster and Judge Pro- Tem Balajka all voted in favor. CALHOUN COUNTY LmRARY - LONE STAR LmRARIES PROGRAM ANNUAL GRANT A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to approve the Lone Star Libraries Program Annual Grant FY2003. Commissioners Galvan, Floyd, Finster and Judge Pro-Tern Balajka all voted in favor. e 524 -~ PO Box 12927 Austin, Texas 78711-2927 Lorenzo de Zavala State Archives and Library Building 1201 Brazos 51. Austin TX 78701 WWW.tsl.state.tx.us .mmission Chairman Carolyn Palmer Members Chris A. Brisack Kenneth R. Carr Sandy Melton Sandra Pickett Elizabeth Sanders Director and Librarian Peggy D. Rudd Assistant State Librarian Edward Seidenberg Making information work A'rall .exans Loan Star Libraries Program Status Update for FY 2003 Memorandum Date: To: From: Re: May 20, 2002 Public Library Directors Margaret Whitehead. Manager. Loan Star Libraries Program Loan Star Libraries Program Status for Fiscal Year '03 We are ready to start the grant award process for FY'03. The first step in the process is to confirm each public library's status regarding the Loan Star Libraries Program. Your library's current Loan Star Libraries Grant Program status is printed on the enclosed form. Please take the following actions: 1. Please review the preprinted information on the form as indicated. 2, If updates are needed. please fill out the sections for corrections and updates on the form. 3. If your library charged non-resident fees in FY'02, but is dropping the non-resident fees for FY'03, please fill out and mail back the "Assurance of Compliance- Non-Resident Fees" form, signed by a representative of your local governing authority. 4. If you are joining the TexShare Card program in order to receive that level offunding, till out and return the "TexSI13re Card Program Participation Form." 5. After you have either confirmed the current information as correct, or have updated your information, please return the formes) to: Margaret Whitehead Loan Star Libraries Program P.O.Box 12927 Austin, TX 78711-2927 Or by fax at : (512) 463-8800 DEADLINE: All necessary forms to confirm or update your library's Loan Star Libraries Program status !TILlst be received at the Texas State Library and Archives Commission by 5:00p.m. July 15,2002. If we do not receive your form(s) by this date we will apply your FY'02 status for FY'03. Please Note: Funding for the Loan Star Libraries Grant is contingent upon System Membership 1'01" FY'03. if YOll have questions concerning yom library's the Loan Star Libraries GranL please direct them to Margaret Whitehead bye-mail at IIwrl!aret.whitchL'ad({i.1tsl.statl'.t:\.\I~, or by phone at (512) 463-5475. Thank you. enclosures 5Z5 Texas State Library and Arcbives Commission Loan Star Libraries Program Status Form Fiscal Year 2003 Part I Contact Information Current Contact Information on File Corrections and Updates for Fiscal Year 2003 (Please Print ifYOtl have updates to the current information.) Name of Library: Calhoun County Public Library Name of Library Name of Director: Noemi Cruz Name of Director Mailing Address: 200 W Mahan St Mailing Address City. Zip Code: Port Lavaca TX 77979 City, Zip Code Telephone Number: 3615527323 Fax Number: 3615524926 Telephone Number Fax Number E-mail Address: ocruz@cclibrary.org E-mail Address Please initial here if the above current information is correct and no updates are needed: 1\c- Part II Loan Star Libraries Status Definition of Non-Resident Fee: A non-resident fee is any charge or deposit applied to a non-resident of the library's legal service area for library services; including circulation of any type oflibrary materials, reference services, and admission to the library facility or any programs sponsored or conducted by the library. [13 TAC S 1.72(a)] Current Status for: Calhoun County Public Librarv Updating Status? Non-Resident Fee Status: !. Changing Non-Resident Fee Status: Yes D NoD TexShare Card Program Status: Yes Changing TexShare Card Program Status: Yes D NoD Please initial here if the Part II current information is correct and no updates are needed: ~ You may skip to Part IV if there is no chan~e in your status. If updating your Non-Resident Fee Status or your TexShare Card Program Status, please fill out Part III. PART III and PART IV are on the back of this form I "'For more information visit: http://www.tsl.state.tx.us/ldlfunding/loanstar/Joanstarawards.htmI \-1:Jil form to i\'largarct Wrl1tC'head at P.O. Box 12n7. t\U~till. TX 7S!11-2r)27 l r you have questions. please conl:l(:t ~:\ar~~;lr<.'r \VhitdH:,ad ~11 ~ i 2-4(j:;-54 75 for ;Jsslsl:mcc hl1'!11 T; \.1),1,::-.1. (!Ol.h (i):'.\121 U::..1:':-":-':lrct.!'\'II'.I{<.:::<id'-'rll Fc'l- ....1011.', IU:Ir: \'1'\I.:'_i;,l 5Z6 e e e I -- e e e Part III Change of Non-Resident Fee Status or Change of TexShare Card Program Status Check all that apply o My library DOES NOT CHARGE a non-resident fee. (In addition to this form, please complete and mail the Assurance of Compliance - Non-Resident Fees to be received by the deadline of July 15,2002.) o My library CHARGES a non-resident fee but plans to ELIMINATE its non-resident fee effective September I, 2002. (When non-resident fees are eliminated, the library must complete and mail the Assurauce of Compliance - Non-Resident Fees to be received by the deadline of July 15, 2002). o My library has joined the TexShare Card Program. o My library plans to JOIN the TexShare Card Program effective September 1,2002. (To join the TexShare Card Program, the enclosed TexShare Card form must be filled out and received by the deadline of July 15,2002, in order to be effective for the FY'03 Loan Star Libraries Grant Award.) Information about the TexShare Card Program may be found at http://www.texshare.edu/programs/card/index.html, or you may contact the TexShare Coordinator, at 512-463-0188 or texshare@tsl.state.tx.us. A TexShare Card Program brochure and Participation Agreement are enclosed for your use.) NOTE: If you are changing from NOT CHARGING a non-resident fee, to CHARGING a non-resident fee, you must send a written notice of the change as indicated on the Assurance of Compliance - Non-Resident Fees form: "The Library shall continue to abide by this Assurance in perpetuity. Should the Library wish to withdraw from the provisions of this Assurance, it may submit a letter from an authorized representative of the local governing authority to the Director and Librarian of the Texas State Library and Archives Commission. Upon acknowledgment of the receipt of this letterj the Library shall be released from the provisions of this Assurance. " Part IV Signature of Director It is highly recommended that you retain of copy of this form, and of all of your Loan Star Libraries Program signed forms for your records and for your reference. '-1\ Qfu Signature of Director (hd- 5 -d'1-0~ Date !'vbil fonn 10 Mar,\plrt'1 Whllchcau ,\1 fl.O Hox 1~')27. Austill, rx is/I !-~')n. (f VOl! 11(1\(' qucstions. plc,lSC (\JIll;lCl ;VLlrg;lfI:r \Vhitdll',hl dt:, i 1-4(1-'-5475 fpr assi;;i;.I1K~\. i:''"''1I 1 1).'I_S\. lll)!.il 1'!5:(1_' I {J:-..I::;~::!r("t.'-N'IT: I"s:,],;nl h.:~- ,,!:l!, ; I Ullr !'\"(I.;-li.' 527 r 1 VL. J-oan ~urr llOraneS 1\W8rc:1S ~ lexas ~'tate l.Jbrary WYsiwyg;1I13/httpJIwww.tsl.....e.tx.U.!ld!fuudmg!loan""'Aoan"",awa"I.<.h'e -----'--------"_..._-------------~-~.~--_."---'"---_._-------..-..-.-..-. -"_.._._--~."-""~-~------..- 19AN STAR llBRARIES Loan Star Libraries Awards Internal Links Fiscal Year 2002 Awards I Fun Facts about Loan Star Libraries Other Links to Loan Star Libraries Proaram DescriDtion I Administrative Rules I Freauentlv Asked Questions I Loan Star Libraries at a Glance I Promotina Loan Star Libraries I Proaram Forms e Fiscal Year 2002 Awards AI phabetical by City AI~I~IQIElfIQIHI!I~IKI~IMI~IQIElgIBI~IIIQI~I~IXIYI~ :I~~----r LEVEL OF I CITY I LIBRARY 'I FUNDING ! i I ,I I (Learn more) i I 'J i IAbernathy [Abernathy Public Ubrary ,I 1 r I2f ---- i- $1,6521 :::::ei~:~e:~~~i:~~::brary r--:---...----~;--I----$~:I !A1bany 'I Shackelford County Ubrary! 1 i I2f i $1.599:! iAledO ;iEasl Parker County Ubraryl 1 I I2f 1 $1,818:1 iAlice ,lAb Public Ubrary 'I 1 r--~-- $5.631 ': I I ;1_ _ rl_'_-- ___. _ I IAllen ilAl'en Public Ubrary .! 1 . ..."'_ . _ ~ ____ $9.926:1 r-------~----::I .1 lA/pine [Alpine PublicUbrary 1 1 f52f $2,172;1 IAlvaradO ,lAlvarado Public Ubrary ij 2 $1.928,1 .1 "-_.~ DOES NOT I I CHARGE I TOTAL I NON-RESIDENT 1 AWARD FEES , , ! i , e 1 nflQ -<;111/0) 11.-<;4 AM 528 e e Id oflQ e . . ""- ~ >3....... .I..",lUI~II"''' rLW"IUI> ~ I exas i:t18l0 Llonuy WYtllwyg:fllS/http:/twww.tsl..state.tx.Uslldlfuoding/loanstarlloanstarawards.html i Plainview[ Unger Memorial Library! 1 I .,.. 121.1 $3,646,/' "---'---~-"r-----~---''------_._-.r-----~--~----i:''-----'-'.--='-.-.'___- ,-'--_____ Ipla~______I~lano Public Library System I 1 I l21i $75,625'1 ~ -r ~--'-----'---,---_,____~._.______ "__~____'___.---____________, iP1easanton '!Pleasanton Public Library! 1 i 1211 $2,5531 ,--- ,.-'-- .--.I-.-----~ ----I I Ponder 'I Betty Foster Public Library I 11 121 1 $1,61?i! :~~;~~~sa:_-.rW.ltiam ~BiIl'Ellis Me;;"'rial . !--~-;--- i-----c------r ----~~;I ' .[ Library .[ i , , ' I . . , , , I iP;;-rt-~-'~rtArthUr Public Libr;ry .I---~---i-- i~~-i !Port Isabel ,[port Isabel Public Library I 1 / 121 $2,658./ [Port Lavaca '!calhoun County Public Library 1 11 121 $4,6631 r;"~~~--'-f~~~V\'IIiOOH-;bert P~~i 2 -/_.- $3,826;1 I, Portland 'IBellNVhitlington Public Library ..'1---2 -----!-~49-1 I .. I , IPost!postpubliC Library! 1 121 I... .$1.8831 !poteet ,iPoteet Public Library ;1, 1 rl '-$1,684;/ ., I!Q. [ !PresidioiCity of Presidio Library! 1 ! ~I $1,782,1 Ilouana;---:IThomPSOnsawy~rpublic ,ii'-'~---'I.,r rl -r--~~.'Ii ,,!Library I!Q I ", - '.." I iOuemado IQUemado Public Library 'I 1 1 1211 $1,692-,1 iOUilaque ICaprOCk Public Library r 11 ~ I $1,673'1 iOuitman 'IOuitman Public Library 2 ,I .1 $2,087-1 !Ranger ,!Ranger City Library .[ 1 I 0 $1,693/ I Rankin I Rankin Public Library ,I 1 i 01 $2,031:1 IRaymondville {Reber Memorial Library! 1 r-- 01 $2,689;1 I R f .!Oennis M. O'Connor Public! 1 I ~ i . e uglo ',Libr '$2,2681 ! ;~ ary r !R;ct;~~~![Richardson Public Library :1 211 $20,705;[ rRiCh'~nd Hills ;[RiChland Hills P~bIicubr;r;--!i 1 ~ --r--$3~066i IRiChmond--'!FortBendCountyLibraries 'I ~I $60,8051 1Rr0 Hondo ;1 Rio Hondo P;:;blic Ubrary--i/- 1 r----$-1 :~ 411 '" ~ I .j IRiverOakSIRiverOaksPublicLibrary 'r-- ,! ..., ~ .1 .. ... $2,2581 fRo~;;;'~~-~-;:;-oke Public ubra;Y---:---I-~-2-~I-~~~ .. r---- $2,4971 [RObert Le;--!Coke County Libra~ -q 1 ---I ~ r-"'"$1.6481/ I ,I r I I r~ockdale ,i, ~';~i11 Patterson Memorial ,i.' 21~---1 $2,123'1 ![ " , l~~kp<?~=JiAransas C~-;;;Y_PUbliC ~bra~L 1 :[ ~ _I _ -i2~~28;1 ~111/0? lb1R AM 529 FY02!:.oan Star u.oranes Awards - TeXas s~ Library . . wysiwyg:/I13/http://www.tsl.state.bcuslldffund.i:nglloanstar/loanstnrawards.htm1 iWest Lake (Hills r~'~---~'-' ,West ITawakoni iWestbank Community Ubrary 2 $4,666 -- i...--------~._------~-- -------.------ !Tawakoni Area Public Ubrary , 1 ~ $1,680 2 $5,2271 e ~---~----~.----~------ 1._----' -~----- --~ ---. .~-:---~..- ----~..-- iWharton IWharton County Library q iWheeler IWheeler Public Ubrary 1 i I , iWhs tuite ----t - iWhite Setuement Public Ubrary i----;~-~---- !-------------- --~~~;;~i I e ernen ) Ii,! r-~~----i;:;;:_--------- ..1'.------.----.- -- 1.------;;(-.-----[------.----.--. i IWhitehouse ..WhilehouseCommunityUbrary 1 r oa ! $1,654, iWhitesboro iWhitesixlro Public Ubra~- ~--1---- .. !'""---rl-- i- $2,416! , ' oa rw;;;;;;-wri;ht---rwM;;;;;tpubii~Ubr;.;--- -----1----------~- -- $1,979 I I !~'-'---I---------i !Whilney ,I Lake Whitney Public Ubrary 1 i ~ i $1,931 ( I ~~___~_.I ! iWichita Falls '[Wichita Falls Public Ubrary 2) ! $10,6251 'Will p.nt !iWiIl~ POI.'nt High SchoolNVingo 1------1 ~--~-- j---rl---- !.;~----$~-;os--,j.1 ..,i I s 01 ,Public Ubrary I ! oa , " _,J-., . _._ _:_~_______~_____~____~-~ I I Gilliam Memorial Public Ubrary: 1 ! ~1 $1,859 i ;IWimberley Village Ubrary I 2 $2,036 : ;1 rl ' iWinnsboro :1 Gilbreath Memorial Library! 1 W $2,208'1 IWintersiWinters Public Ubraryl 1 . ~ $1,682i ~_.--------~- i---.--~------------.----I..--------_._._----;'"--~rl----~~'---r---------~-^---.-..---, I lWolfe CityiWolfe City Public Ubrary! 1 ! ~ ! $1,643 ! !WOlffOrthiCityOfWOlffOrth Ubrary ~ 1 i ~ $1,7551 ------------ ~~,------~----- --,-~~~--------,-------- -~_._-_._~------ iWoodvillelAllan Shivers Ubrary & i 1 ~ 1._ ._____.______ Lr..\~~um__________.______.!____.____.________~ ._.______._.___ ____.___ .-.-----.----- !Wylie ,[Rita & Truett Smith Public ,; 1 rl .!Library i W ~ ' - -.------~ iVoakum .Icarl & MaryWelhausen Ubraryj 1 i g ~~~----~~~~p;:;b;;;Ub~--.--i.---1---.---i~~~-~ -.-- -------$1.8461 'I' I (Zapata IZapata County Public Ubrary[ 1 I ~ $2.295: ,._------~--~-- ------.-- -~~_._~ --~----~--~-----~; Total Amount Awarded:! $2,899,990i ~ $1,7821 !Wilmer , iWimberley i $2,430 i , e , $4.2361 c---~-, i $2,126 i LEVEL OF FUNDING NOTE: Level 1 libraries do not charge non-resident fees or eliminated non-resident fees by Nov. 30, 2001. level 1 libraries receive the highest level of funding, 100% of the Base Grant and 100% of the Matching Grant. level 2 libraries charge non-resident fees but are members of the TexShare Card program or joined the program by Nov. 30, 2001. Level 2 libraries receive the second highest level of funding, 100% of the Base Grant and 85% of the Matching Grant. level 3 libraries charge non-resident fees and are not members of the TexShare Card program. Level 3 libraries receive the lowest level of funding. no Base Grant and 75% of the Matching Grant. Learn more about the arant formula. e Fun Facts about Loan Star libraries · Total number of system member libraries receiving an award: 517 · 76%! or 397 of 517, of the grantees are Level 1 libraries and will receive the highest level of funding. . 80% of the grantees will receive a grant between $1,000 and $4,999. . The smallest grant awarded was $47. . The largest grant awarded was $334,320. 530 return to top CALHOUN COUNTY LmRARY - DONATIONS A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to accept the donations to the Calhoun county Library as listed. Commissioners Galvan, Floyd, Finster and Judge Pro-Tem Balajka all voted in favor. e Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, Texas 77979 The following materials have been donated to the Calhoun County Pnblic Library System during the months of January, February, March, April, and May 2002. e Books 1 book 209 books 7 books 5 books 17 books 4 books 2 books 1 book 5 book 7 books 5 books 31 books 2 books e 4 books 1 book 4 books I book 2 books I book 41 books I book . Donor Kevin Crowe Unknown Pat Reese Lesa Casey Mr. Travis McCord Mr. Hess South Texas Library System Linda Boone Mrs. Tschatuschula Robin Sikes Comfort Chinese Church Teresa Wu Minerals Management Service Alex Salinas Kerry Keller Allison Sterling Eloise Burns Dorothy Vitek Barbara McDonald Noemi Cruz Diana Hahn Disney Publishing Worldwide, Inc Treser Tom Christensen Bonnie Griffith Larry Holsey Joyce Smith First National Bank Lori Kerlick Jim Ward Ms. Martin 2 books 5 books 2 books 2 books 2 books 20 books 102 books 115 books 1 book 531 e Paperbacks 390 paperbacks Unknown 47 paperbacks Mrs. Tschatschula 2 paperbacks Lori Kerlick 187 paperbacks Diana Hahn 1 paperback Mr. Travis McCord 3 paperbacks Mr. Hess 38 paperbacks Gwen Krause 1 paperback Joyce Smith 8 paperbacks Robin Sikes 67 paperback Nell Lanfear 1 paperback Connie Hunt 3 paperback Mary Moses 12 paperbacks Debbie Stovall 4 paperbacks Joann Keller 2 paperback Jody Thome 99 paperbacks Diane Hahn 6 paperbacks Joel Foster 5 paperbacks Mary Moses e 4 paperbacks Larry Holsey 48 paperback Mrs. Stewart Audios 1 audiobooks Mr. Travis McCord 4 audiobooks Dana Perez 1 audiobook The Quest Book Gift Institute 1 audiobook Comfort Chinese Church 1 audiobook Eloise Burns 19 audiobooks Mary Jo Dierlam 1 audiobook Unknown Videos 22 videos unknown 5 videos Mrs. Stewart 3 videos Diane Sabin 1 video The Quest Book Gift Institute I video Ms. Runge 1 video Veronica Bird Charitable Foundation 1 video Mrs. Diebel 1 video Noemi Cruz 2 videos South Texas Library System e Mal!azines 21 magazines Diana Sabin 11 magazines Robin Sikes 532 18 magazines 24 magazines 12 magazines 27 magazines 56 magazines 2 magazines 50 magazines Marsha Buller Pat Reese Mrs. McDonald The Quest Book Gift Institute Unknown RG. McNeil Noemi Cruz e Other $1,000 $100 $ 75 $150 $50 $50 $288.35 Dow Chemical First National Bank BP Chemical Formosa Plastics Seaport Bank AEP Friends of the Point Comfort Library Cal-Com Federal Credit Union Sylva Construction Whataburger McDonald's First Victoria National Bank First Capital Bank Church's Fried Chicken Wal-Mart Strictly Business On-Cue $50 $50 50 coupons 350 coupons J 50 bookmarks 4 Wal-Mart gift certificates ($10 each) 50 coupons $20 gift certificate 2 reams of paper 3 - $5 gift certificates CALHOUN COUNTY LffiRARY - SALVAGE/SURPLUS e A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to declare the list of items of the Calhoun county Library as surplus/salvage. Commissioners Galvan, Floyd, Finster and Judge Pro- Tem Balajka all voted in favor. Calhoun County Public Library System (361) 552-7323 200 W. Mahan Port Lavaca, Texas 77979 January, February, March, April & May 2002 J would like the foUowing items to be declared Surplus 3,590 Books 747 Paperbacks 404 Magazines 2 Audiobooks 8 Videos I would like the following items to be declared Salvage e 186 Books 151 Paperbacks 541 Magazines 8 Videos I Audiobook 533 COUNTY TREASURER'S MONTHLY REPORT The County Treasurer presented her monthly report and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Floyd that said report be accepted as presented. Commissioners Galvan, Floyd, Finster and Judge Pro- Tem Balajka all voted in favor. e ACCOUNTS ALLOWED-COUNTY Claims totaling $928,381.17 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, Floyd, Finster and Judge Pro-Tern Balajka all voted in favor. ACCOUNTS ALLOWED - HOSPITAL Claims totaling $1,188,074.36 for hospital operations 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, Floyd, Finster and Judge Pro- Tem Balajka all voted in favor. THE COURT RECESSED UNTIL 1 :30 P.M. Judge Pro- Tem Balajka presided in the absence of Judge Marshall. COMMUNICATIONS TOWER IN PRECINCT #4 - RENTAL CONTRACT A Motion was made by Commissioner Finster to authorize himself to sign a contract with J & K Communications for tower rental in Precinct #4. Commissioners Galvan, Floyd, Finster and Judge Pro- Tem Balajka all voted in favor. e STATE OF TEXAS COUNTY OF VlCTORIA In consideration of the covenanlS herein contained betINeen J & K Communications, Ine., herein referred 10 as 'Landlord" and County of Calhoun Precinct 4, herein referred 10 as 'Tenant", and the rental agreed to be paid, the parties mutually agree as follows: I. Landlord hereby grants permission to Install and operate the following described radio communications equipment on or in Landlon:l's radio tower facility located at 6.8 mUes southeast of Seaclrifl on Lane Roacl. A Antenna and flexible coaxial transmission line betINeen the antenna and radio equipment whic:h shall be anchored firmly to the 1aNer. B. Radio communications equipment consisting of transmillE!r. receiver and accessories to be installed in landl()ftj's equipment house near base of tower, such transmitter to be licensed by the Federal Communications Commission, All radio equipment installed shall be distindly mar1<ed with Tenanrs name, call sign, fmquency, and copy of license. II. e Landlord agrees that, during the term of this agreement, Tenant shall have reasonable ingrees and egress to said tower for the purpose of maintenance and repairs to said equipment. It is further agreed, however, thet only qualified contractors approved by Landlord, or persons under Landlord's direct supervision win be permitted to install or remove antenna or coax cable or to enter or climb the tower structure Itself. Coax must be permanently identified at top and bottom of line. 534 e e e III. Tenant covenants and agrees that T enanfs equipment. its installation and maintenance will: A. In no ~ damage the building or tower structure and access'Vies thereto. B. Not interfere with the operation of Lsndlorcfs radio equipment or the radio equIpment of other tenanIs on said tower. In the 6IIent there is a interference, Tenant will plQlllptly take all steps nece!-ry to correct and and eliminate such interflll1!nce. The last party on tower bears expense of removing interference caused by installation of his equipment on toWer location. If said interference cannot be eliminated willtin a reasonable period of lime Tenant agrees to remove his equlpmem from Landlord's property and this agreement shall therefore be terminated. C. Not interfere with the maintenance of Landlord's tower and the lOWer lighting system. D. Comply with all applicable rules and regulations of the Federal CommuniCationS Commis8lon, anel electrical codeS of the c;ity and/or state concerned. E. All repeater $'fSlemS on this tower must halle a paiS type duplexer. Landlord willl10t allow trap.type duplexenl on this tower. F. Under this agreement. the Landlord assumes no responsibility for licenSing, operation anellor maintenance of Tensofs radiO equipment. Landlord has the respon5ibDity of ob8erVing tower lightS and maintaining records including notiflC3lion to Federal AvIatiOn Ager,r;y of any failure and repairs and correction of tcwer ~hting and Il1lIrking. Landlord agrees to hold Tenant harmles5 from any fine or forfeiWre arising from the Landlord's failure to comply with Fedelal CommunicationS Commlsslon and FecIeraI Aviation Ag8t\Of rules regarding the tower lighting and marking. G. Special Conditions: IV. The term of this agreement shall commence upon completion of the inStallation :J<>L of the antenna, bUt not later than the lstof~ 2002 and run fora periQd of 1 year and/or 12 months. and shall cootinue thereafter unblterminated by either party upon the giving of at least thirty (30) days written notify of telmination to the other party. Should . Tenant desire to terminate this rental agreement at the end of iniliallelffi or thereafter, tenant shall giIIe the notice aforesaid and will rem""e all properties installed on Landlord's premiSeS and leave said premiaes in ~bstantially the same condition existing as of the date of the agreement. ordinary wear and tear and occurrence for which Tenant is not responsible hereunder expected. Q T enent hereby covenants and agrees to pay monthly rent during the initial term of this agreemellt ill the amount of $ 144.00 each month, (.80 cents per foot x 180') the first such 535 e each month for the term of this ag~ Tenant811ree5 that the rental payments shall be due and paid without the necessity or demand or invoice from Landlord, and Tenant further agrees to pay additional charge of$10.oo for each payment made after due date. VI. The rental payments provided for hereunder are in addition to the amount of $ 40.00 fortl1e fumishing of power to Tenant's equipment. In Ute event said payments for the furnishing of power are made then the Tensnt811rees that the Landlord will in no way be responsible for the power inlemJption or outages. VII. Duling the termS of this rental 8llreemenl, Landlord will not grant a simffar radio tower rental agreement to any other pal'1y if SUCh grant would in any way affect or interfere e with Tenant's use of said radio equipment. Tenant shall not aSlign or sublet its righls hereunder, nor change the frequenCy power or character of its equipment without first providing written notiflC3tion to the Landlord. VIII. Tenant does hereby agree to indemnify and save Landlord harmless from aIT'f claims. demands. or causes of actiOn for property damage or personal injuries caU$ed by the T ensn!, the T enanfs offJCel'5, agents, employees, su\>-COl1tractors and cuslomel'S. arising out ofT enanfs occupancy of tI1e premises or the installation, maintenance and operatiOn of T enanfs equipment except only damages caused solely by the negligence of Landlord. The parties hereto agree that Landlord shall in no way be liable for loss. destruction or dam8Qe to the premiseS. the tImer, equipment buiding or to T enanfs equipmenllcx:ated therein. by flTe. explosion. windslorm. water or any other casualty or acts of third par\ieS. In the event the tower or other portions of the premises are e destroyed or so damaged as to be unusable, the Landlord shall be enlilled to elect to 536 e e e .' , T-S8S P.OS/OS F-,43 UFr-OS-O, 03:14pm From- cancel and terminate this agreement, or in the altemative may elect to restore the premises. in which case the Tenant shall remain bound hereby but shall be enUtled to an abatement of rentals during the loss of use. IX. The following shall be considered events of de~ult by the Tenants: A TIle failure to pay rentals required hereunder ","en due. B. The failure to cure. within thirty (30) days after wrilIen notice thereof, any breach of these promises undertakings and tefm$ and conditions in this agreement. C. The filing of a Voluntary petition under the bankrUptcy laws. a composition of arrangement of creditorS. and assignment for the benefit of creditors, or any other act reasonably indicating equitable or legal insotvency. O. Abandonment of the premises. In the event an event of default shall occur or in the ellent the T anant shall otherwise breach or faQ afT'/ of ils undertakings or obligaticllS llereUnder. Landlord shall be entitled, at Landlord'a option, to remove aU property and equipment of Tenant ","ich may be situated upon the premises. without notice and without being guilty or liable in any manner for trespass. ltIereby terminating this agreement. or the Landlord, at its option. may elect to treat this agreement in full force and effect and shall be entiUed to enforce all other remedies provided at law or in equity. To secure the performance of its undertakings hereunder, Tenant hSreby grants Landlord a Landlord's lien and security interest in and to Tenant's property and equipment situated l,lpOf'I the premises, and agrees that in the event of default and foreclosure of sucn lien and security Interest, suelt prgperty may be dIspoSed of in any commercially reasonable manner and the proceeds distributed in accordance with Chapter Nine (9) of the Unifonn Commercial Code. x. The parties hereto stipulate Ih.al the rental rights herein granted relate to real 537 nFr-OS-OZ 01:15pm From- T-5B6 P.06/06 F-Z41 property. In the event any sales or use tax should ever be payable on account of the lease agreement or the rental payments herein reserved, the Tenant hereby agrees to pay additional ren1aI, or to furnish such documentation as is neeeli$iIry or applOpria!e to re establish that e such rental payments are exempt from sales tax. XI. All notices and other communications required or permitted hereunder and tender of payment of rentals due hereunder shall be considered property given or made when deposited with the U. S. Postal Service. properly addressed and bearing suffICient ]XlStage, but shall only be considered to be effective when actually received. The addresses of 1he parties for all purposes hereof shall be as follows: L.andlord: J & K Communic;ations. Inc. 3902 Houston Highway VictOria, Texas 77901 361-576-2255 Tenant County of calhoun Precinct 4 P. O. Box# 177 Seadrifl. Texas 77983 361-7M-3141 e Executed at This Day of ,2002. Landlord: J & K Communic;ations, Inc. Tille: President Tenant County of Calhoun Precincl4 rille: County Commissioner e MAYFIELD SUBDIVISION IN PORT O'CONNOR. PRECINCT #4 PLAT FINAL Commissioner Finster stated the vacated portion of the Port O'Connor Townsite is now fe-platted as Mayfield Subdivision. 538 A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve the final plat of Mayfield Subdivision in Port O'Connor. Commissioners Galvan, Floyd, Finster and Judge Pro- Tem Balajka all voted in favor. e e e AUTHORIZE COMMUNICA nON LINES INSTALLA nON IN PRECINCT #3 A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to authorize LaWard Telephone Exchange to install communication lines as def10ed 10 the June 5 2002 letter from Nick Strauss with LaWard Telephone Exchange, Inc. to the Commissioner of Precinct #3. Commissioners Galvan, Floyd, Finster and Judge Pro- Tem Balajka all voted in favor. laWard Telephone EXCHANGE, INCORPORATED June 5, 2002 Calhoun County Precinct #3 24267 State Hwy 172 Port Lavaca, Texas 77979 Dear Commissioner: La Ward Telephone is seeking permission to upgrade its communication service in the Port Alto area. (Further shown by attachments # I & #2) The first project is on Marshall Johnson A venue South where a number of new homes are being built between County Road 306 and County Road 314. The second area begins along County Road 306 at White Marlin, crosses Redfish Lane then turns down the electric utility line right-of-way to serve the residents along both Redfish Lane and Marshall Johnson Avenue North. The method and manner used to install the communications cable is to plow or open trench the areas along side of existing County Roads and to bore under and place HDPE Schedule 80 PVC pipe at any road crossings. All cables will be placed at a minim depth of at least 30 inches. La Ward Telephone understands the nature of construction along County Roads and Right a ways. Safety rules and practices shall be strictly observed and followed at all times. Nick Strauss -Dll~ts Plant Manager LaWard Telephone Exchange Inc. Attachments P.O. Box 246 12991 State Hwy 172 La Ward. Texas 77970 (361) 872-2211 Office (361) 872-2501 Fax 539 PORT O'CONNOR MUNICIPAL UTILITY DISTRICT - OFFICE OF RURAL COMMUNITY AFFAIRS GRANT e A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to support the Port O'Connor Municipal Utility District regarding the Office of Rural Community Affairs Grant (formerly TCDP). In discussion, Commissioner Finster requested a Letter of Support from the Court. Commissioners Galvan, Floyd, Finster and Judge Pro- Tem Balajka all voted in favor. PORT O'CONNOR MUNICIPAL UTILITY DISTRICT P.O. BOX 375 PORT O'CONNOR, TX 77982 (361) 983-2652 May 21, 2002 The Honorable Arlene Marshall Calhoun County Judge 211 S. Ann, Room 304 Port Lavaca, TX 77979 e Dear Judge Marshall; We understand that the grant process for ORCA, The Office of Rural Community Affairs (fonnerly the TCDP Grant) will begin soon. Port O'Connor Municipal Utility District would like to be considered for sponsorship. We will be working in association with Golden Crescent Regional Planning Commission to secure a much-needed grant. A representative from Golden Crescent Regional Planning Commission and Port O'Connor Municipal Utility Board of Directors will be happy to attend any meetings necessary. The Board of Directors would like to thank you and Commissioners Court in advance for any consideration in this matter. e Sincerely, c!2d4P ~---- TeddytIawes President 540 DISTRICT ATTORNEY'S OFFICE - LOCAL LAW ENFORCEMENT BLOCK GRANT - 2002 A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to approve the Local Law Enforcement Block Grant - 2000 for the District Attorney's Office with the exception: any matching funds be paid by funds available to the District Attorney (non-County funds). Commissioners Galvan, Floyd, Finster and Judge Pro- Tern Balajka all voted in favor. e ~ Judge Marshall arrived at ]:42 P.M. but did not preside. DAN W. HEARD Criminal District Attorney 1 Criminal District Attorney ~~:~C"- Calhoun County, Texas Half Moon Lighthouse SHANNON E. SALYER Assistant Criminal District Attorney May 30, 2002 JERRY L. CLARK Assistant Criminal Dis[rict Attorney Arlene N. Marshall, County Judge Calhoun County Court 211 S. Ann Street Port Lavaca, Texas 77979 Re: Commissi~:mer's.Court Grant Policy and Local LavJ'Enforcement Block Grant:2002 ,- T ">'-7'.)... ' ".':"'" ,"- .,' .,' ....-.."; ,^-"'. e Dear Judge:MarshalL ~';:~""./', ;,-' Pursu~:to yopr letter,! have spoken with Mayor Tharling regarding this Grant. As you may recall~'bu~,.office\hadthis Grant'for two years but last yearit.wlls [ostto the city. The Grant is for $11,14100 which' I intend'io~lise for part-time help whether wer~.ceive'all'ofthe Grant or share the Grant with the City. I believe this Grant has a 20% match requirement which I propose to pay from Hot Check Funds sothii'Commissioners Court will not need to fund the match -/,' . , '~-..,., .. '. . I read that the Commissioners Court have a new policy regarding Grants that may require their uP-fr9llt approval. Accordingly, I am returning these papers to you and trust your office will do those things necessary to insure that Calhoun County's eligibility for the Grant is protected. Please advise me as.to what"! need to do to comply withthe' Court's new Grant procedure. .". -- " '. . .. . ;\2' ",. : J\N'W'k40; CRIMINAL DISTRlCTATTQRNEY F or Calhoun CoUnty, Texas. "; DWH:mes " ,...L EncIokJre e cc: Commis~ioner Kenneth.Finster Commissioner H.. Floyd Commissioner Roger Galvan' Commissioner Michael Balajka Mayor Alan Tharling" . P.O. Box 1001 . 211 South Ann Street . Port Lavaca, Texas 77979 . (361) 553.4422 541 INSURANCE SETTLEMENT FOR DAMAGES TO SHERIFF'S DEPARTMENT VEIDCLE A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to accept the insurance settlement for damages to the Sheriff's Department vehicle, which occurred October 31, 2001 in the amount of$4,705.94. Commissioners Galvan, Floyd, Finster, Judge Marshall and Judge Pro- T em Balajka all voted in favor. e INSURANCE SETTLEMENT FOR DAMAGES TO SHERIFF'S DEPARTMENT VEIDCLE A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to accept the insurance settlement for damages to the Sheriff's Department vehicle which occurred April 27,2002 in the amount of $8,626.14. Commissioners Galvan, Floyd, Finster, Judge Marshall and Judge Pro- Tem Balajka all voted in favor. SHERIFF'S DEPARTMENT ITEMS - SURPLUS/SALVAGE A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to declare the listed items from the Sheriff's Department as surplus/salvage as appropriate. Commissioners Galvan, Floyd, Finster, Judge Marshall and Judge Pro-Tem Balajka all voted in favor. Surplus Items Item Serial # 1- Techno Phone LID 63403 e 2- Nokia Phones 21-00403144 15607922785 KD-45/0874 KD-45/694f A 64-4200 2- Nokia Batteries 1- OKI Phone with accessories 1-Nokia Mobil Phone Type C250 MKII 661-182-1538 LANDFIELDfRECYCLE CENTER ASSETS - SURPLUS/SALVAGE A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to decla:e certain Landfill/Recycle Center assets as surplus/salvage to be placed in the Auclton at LandfillfRecychng Center. Commissioners Galvan, Floyd, Finster, Judge Marshall and Judge Pro-Tern Balajka all voted in favor. "0'"' S) X,i.LI.KtlVU Ltf!'1Y\S -ID ckc1:wL Llu.A.ptwJ (Ot tk t\I.<tl (w.c;tc'~"\. -SlI.u:"JLJld .1,l'1c t~m \*-\:: (p, elf, CtcgcrrdR ~fl.. ('OlY\~CfMI\S (bu.tt cWtolfcQ (0 ''1~ ~cl RrttU.l;'}c 2,c;)( - jJ>-c\,,-h0F.lL p^^C'--' #4/JOloo ern loi"!"'b ~50S-000Z @.' (.1) Cw.tlLl.l ::.r(J..u.~ eWe (\OYf~ - f1"{"~ ...tmn .h2\Q.. ,Jc'\.CJV JlMct.p.~ e>peMvl iClJ1[iG, Uir(.~rvw"Y1 ,')0~ c"Pf'''- 1;JW 'if!:!' - "0 dl=, "d:: l~ e\ ~,~t ~ ,\l[(J/Y\ \\ If""', l>",tuC'-Cl kcJJ.Jil.L e 5~2 I I I Ie I e e BUDGET ADJUSTMENT - BUILDING MAINTENANCE - JAIL/SHERIFF - VARIOUS DEPARTMENTS - ELECTIONS - COMMISSIONER PCT #1 - COMMISSIONER PCT #2 - R&B PCT #4 - CONSTABLE PCT #1 - SHERIFF (2) - GENERAL FUND TRANSFERS/INDIGENT HEALTHCARE - NEW JAIL BUILDING CAPITAL PROJECT - PCT #3 BUILDING CAPITAL PROJECT A Motion was made by Commissioner Finster and seconded by Commissioner Floyd that the following Budget Adjustments be approved. Commissioner Galvan, Floyd, Finster, Judge Marshall and Judge Pro- Tem all voted in favor. II BUDGET AMENDMENT REQUEST II ! To: Calhoun County Commissioners' Court ~ Vi( (:~~(<t " (Departme t making this request) From: Date: 5-,19-0 L I request an amendment to the JJ:J O}..J budget for the (year) following line items in my department: GL Account # --------....---- Amendment Amount Reason --C~----;------- W~&'&r p~-# 12G,11 Account Name 17'0-T)L/o(J ~f0~:~~~-;;-- ------------- ~P'~ dllfJ &~ ~ <~1c{> 110-531.010 \ JUN 1 3 2002 Net change in total budget for this department is: $ -0- 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): 543 BUDGET AMENDMENT REQUEST 1000-180-51620 1000-180-51700 1000-180-51899 1000-180-51501 fOOO-180-63920 1000-180-64880 1000-180-64910 1000-760-51610 1000-760-51620 1000-760-51700 1000-760-53992 544: TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: JAIL, SHERIFF DATE: 6/12/02 BUDGET FOR THE YEAR: 2002 JAIL ADDITIONAL PAY-REGULAR RATE MEAL ALLOWANCE WORKERS COMP ADJUSTMENTS JAI LERS MISCELLANEOUS PRISONER LODGING-OUT OF COUNTY PRISONER MEDICAL SERVICES SHERIFF OVERTIME ADDITIONAL PAY-REGULAR RATE MEAL ALLOWANCE SUPPLIES-MISCELLANEOUS rotal for GENERAL FUND 781 REQUIRED BY PAYROLL 27 782 1782) 65 LINE ITEM TRANSFER (8,780) 8,688 (4.078) REQUIRED BY PAYROLL 3.297 32 LINE ITEM TRANSFER (32) o :: "'.". = '" , \ll'll~ NET CHANGE IN TOTAL BUDGET A t':) l-:' en' r,"'[) I t I\...,J\J r: ~-"----= JUN 1 3 2002 d e e e 3 BUDGET AMENDMENT REQUEST 1000.250-63920 1000-250-53020 1000-260-66310 1000-260-66316 e e TO: CALHOUN COUNTY COMMISSIONERS' COURr FROM: VARIOUS DEPARTMENTS DATE: 6112/02 BUDGET FOR THE YEAR: 2002 ACCOUNr NAME DEPARrMENr NAME COUNTY CLERK MISCELLANEOUS GENERAL OFFICE SUPPLIES COUNTY JUDGE TRAINING REGIST.FEEsrrRAVEL TRAINING TRAVEL OUT OF COUNTY Tow/furGENERALFUND r~"i"iilV___""lllIWl/j';;!1m;""?:JjJ"ii".. lrnr:;\lJrt~~";fujm:it0~';m,.J:/f!. NET CHANGE IN TOTAL BUDGET 150 LINE ITEM TRANSFER (150) 117 LINE IrEM TRANSFER (117) o APP;:"YJI/i_ f)' r--' It,....; \i Lt ------__::c JUN ) 3 2002 545 ~e BUDGET AMENDMENT REQUEST . TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: ELECT/ONS DATE: 6112102 BUDGEr FOR THE YEAR: 2002 ACCOUNT NAME GENERAL OFFICE SUPPLIES TEMPORARY ELECTION JUDGES & CLERKS BUILDING RENTAL CONTRACT SERVICES LEGAL NOTICES POSTAGE ELECTION SUPPLIES Total for GENERAL FUND AMENDMENr AMOUNT 1,000 1.413 PENDING REIMB. OF EXPENSES FROM (1.413) ELECTION SERVICES CONTRACT FUND. 135 905 (322) 543 (2.261) o ET o APPROVED e JUN J 3 2002 e 5~6 e e e ([BUDGET AMENDHENT REQUEST II To: Calhoun County Commissioners' Court From: (' dl.uv^-_ ~iAf:. f2<.J::- if / (Department making thIs request) Date: o C, t) 6- 0 ~ I request an amendment to the ,;;(00' (yea~) following Line items in my department: . .-----" I:J budget for the GL Account II Amendment Amount Account Name S'/-tJ .-:;--,;; 9" 9 ;;{ .53"'0 J..J.-:;- /0 ~<ff~ I ;t"<f!..dC ( //J..?<UJ' &<--<-c('7-P..../ ,.'el chanc;c in total budget CfJf tllis department is: s '-0- ------------- ------------- 'J': ~ler l(>m?,r~..s/-)ust 1 f lcallon. Reason --------------- AP JUN 3 2002 \ ul,derst.dn(1 l.)laL my budgl:'l cannoL be dlTIended dS r-equesled \)nlll Comm lSS LOfler:;' Court approva 1 15 oblu J ned Signature of official/department head: -;erv-- cz:f{.~ .?/-'~< J" <L.) Dole of Commlssioners' Court approval: DaLE pOsJ_ed La General Ledger account(s) 547 . e II BUDGET AMENDMENT REQUESTII tv To: Calhoun County Commissioners' Court From: ~Qt ~ tomm Pw () (Department making this request) Date: jQj4JO?- ! request an amendment to the ~OO dJ (year) following line items in my department: budget for the GL Account # -----...------- Amendment Account Name Amount ~8r~.i-(600:OO) COJO.oO Reason ~ 550- '5"3610 :l\: fFh-53f/60 ------------------- I e J Net change in total budget tor this department is: other remarks/justification: $ jJ ------------- ------------- ! 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: . (1~ e Date posted to General Ledger account(s): 548 e e e BUDGET AMENDMENT REQUEST 1 ro: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RIB PRECINCT 4 DATE: 6/12/02 BUDGEr FOR rHE YEAR: 2002 o ~-- ~,PPf-iOVED JUN 1 3 2002 549 II BUDGET AMENDMENT REQUEST II '6 To: Calhoun County Commissioners' Court From: C~,/ Pu- l (Department making this request) Date: IS ~ J.. q -OJ-J following line items in my ;;La O..v (year) department: budget for the I request an amendment to the GL Account # Amendment Account Name Amount Reason ------------------ ------------- ------------------- 5~()- ~ro3{(" j~~ j'l~v:L &~rLo. . (}1.twy. APPFiO'v'LD t)<RI)-(" 0321:L Net change in total budget for this department is: $ -0- --~---------- ------------- 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): 550 e e e e e e II BUDGET AMENDMENT REQUEST II To: Calhoun County Commissioners' Court ~' ( * k' h' ) Department ma 1ng t 1S request eo-lO-a)....., From: Date: ~ I request an amendment to the ;to<S:i'd--; budget for the (year) following line items in my department: GL Account # Amendment Amount Account Name -----"'------- (~-~':,-~~----<j~>- LiJ\ wJ~ !f\ (cw.;*c , I ~ If , llna -52Jo:2;J 1 (0 (,)-ln2>5bQ Net change in total budget for this department is: Other remarks/justification: $ -0- ------------- ------------- Reason ------------------- -r;, 0^"Po~ r Jv., ^, f./ ~) "^ 0.:::tiv0 MO; ^.J-- P {\ -++- J.11~ (~,m.'\QJ 'SJ1 rh~ APPROVED ~ JUN! 3 ... 1= 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): 551 e /0 II BUDGET AMENDMENT REQUEST II To: Calhoun County Commissioners' Court ~') (Dep~ment making this request) From: ~-fl-O 1- Date: I request an amendment to the Jo 0 J-..- budget for the (year) following line items in my department: ---...--....------ Account Name Amendment Amount Reason GL Account # ------------------ ------------------- v 'Ko p~'Lr.Y -~\D.A'-'-"--' R-.o.-L~r ~ 1\00 - &'SlfinL/ ,'6~~1.t, -., I -,!:l ';l oto APPROVED .1wr- O(()l - 41150 V e '-1&, ~~ - ~L'M'~ (~(o ) Co> ~ (..'y;J.s~/ Net change in total budget for this department is: Other remarks/justification: I;: -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: e Date posted to General Ledger account(s): 552 BUDGET AMENDMENT REQUEST i \ TO: CALHOUN COUNTY COMMISSIONERS' COURr FROM: GEN. FUND TRANSFERS (800). INDIGENT HEAL rHCARE (360) DArE: 6/10/02 BUDGET FOR THE YEAR: 2002 AMENDMENT AMOUNT 171 TO PAY FEDEX P0#21152 (FOR JAIL FEAS.STUDY) & (171) TO PAY W.H. BAUER. JR. P0#21151 (MILEAGE TO VISIT JAILS) o I-'-~::-.:----.~--- ,. p' 'on' ' l'\ r~ n j V r-" 0 r----..._.__~_ JUN 1 3 2002 e e 553 e I~ BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT F~OM: CAPITAL PROJECT-NEW JAIL BUILDING DATE: 6/10/02 UDGET FOR THE YEAR: 2002 AMENDMENT AMOUNT 171 TO PAY FEDEX PO#21152 (FOR JA!L FEAS.STUDY) & (171) TO PAY W.H. BAUER. JR. PO#21151 (MilEAGE TO VISIT JAilS) o APPROVED e JUN 1 3 2002 e 554 e e e 13 BUDGET AMENDMENT REQUEST BUILDING ENGINEERING SERVICES o A p.' P F~ul'\jE" 0 ,1.'-" . rJ;~ I 3 "01 ] 555 CJ'l CJ'l a'l CALHOUN COUNTY. TEXAS Unposted Budget Transactions - REVENUE ADJUSTMENTS FOR 6113/02 BUD219 - BUDGET ADJUSTMENTS FOR 6113/02 11 PWZle') (Ke.pc{"f_ + 13 hMM.':,) Fund Effective Code Date Fund Title Transaction Description DeptTitle 1000 611312002 GENERAL FUND INSURANCE SETTLEMENT REVENUE (PRESENTED TO C.CRT 6/13/02) lOaD 6/1312002 GENERAL FUND rNSURANCE SElTLEMENT REVENUE (pRESENTED TO CCRT 6113/02) GL Title Increase Decrease RECOVERIES-INSURANCE 8.626.00 RECOVERIES-INSURANCE 4,706.00 Total 1000 GENERAL FUND 13,332.00 0,00 Report Total 13.332.00 0.00 -~-- --- APPR'O' jl'-n t ...) \. L:. i~) JUN 1 3 2002 I I I D." (>/12/02 044J 02J'M e e Page I e CALHOUN COUNTY. TEXAS Unposted Budget Transactions - EXPEND.ADJUSTMENTS rO BUD219 - BUDGET ADJUSTMENTS FOR 6113/02 Fund Effective Code Date Fund Title Transaction Description DeptTit]e 1000 6/13/2002 GENERAL FUND CONDENSING UNIT FOR AG BUILDING MAINTENANCE BUILDING 1000 611312002 GENERAL FUND CONDENSING UNIT FOR AG BUILDING MAINTENANCE BUILDING 1000 6113/2002 GENERAL FUND REQUIRED BY PAYROLL JAIL OPERATIONS 1000 6113/2002 GENERAL FUND REQUIRED BY PA YROLL JAIL OPERA TJONS 1000 611312002 GENERAL FUND REQUIRED BY PAYROLL JA]L OPERATIONS 1000 61\312002 GENERAL FUND REQUIRED BY PAYROLL JA1L OPERATIONS 1000 6/]312002 GENERAL FUND LINE ITEM TRANSFER JAIL OPERATIONS 1000 611312002 GENERAL FUND LINE ITEM TRANSFER JAIL OPERATIONS 1000 6/13/2002 GENERAL FUND LINE ITEM TRANSFER JAIL OPERATIONS 1000 6/13/2002 GENERAL FUND LINE ITEM TRANSFER COUNTY CLERK 1000 6/13/2002 GENERAL FUND LINE ITEM TRANSFER COUNTY CLERK 1000 6/13/2002 GENERAL FUND LINE ITEM TRANSFER COUNTY JUDGE 1000 6/13/2002 GENERAL FUND LINE ITEM TRANSFER COUNTY JUDGE 1000 6/13/2002 GENERAL FUND REVERSE LINE ]TEM ELECTIONS TRANS.-ELECTJON CONTRACT FUND RE1MB. ]000 6/1312002 GENERAL FUND REVERSE LINE ITEM ELECTIONS TRANS.-ELECTION CONTRACT FUND REIMB 1000 611312002 GENERAL FUND REVERSE LINE ITEM ELECTIONS TRANS-ELECTION CONTRACT FUND REIMB. ]000 6/]312002 GENERAL FUND REVERSE UNE ITEM ELECTrONS TRANS.-ELECTION CONTRACT FUND REIMB. 1000 6/ I 3/2002 GENERAL FUND REVERSE LINE ITEM ELECTIONS TRANS.-ELECTION CONTRACT FUND REIMB 1000 6113/2002 GENERAL FUND REVERSE UNE lTEM ELECTIONS TRANS,-ELECT1ON CONTRACT FUND REIMB 1000 6113/2002 GENERAL FUND REVERSE LINE ITEM ELECTIONS TRANS_-ELECTION CONTRACT FUND REIMB. Dal. 6/12/0204 ~2_28 PM - e R 6/\3102 n_ APPFiO\!ED GL Title JUN 1 3Inc?Q2~ ecrease BUILDlN( SUPPLIES/PARTS 2,275_00 MACHINERY AND 2,275.00 EQUIPMENT JAILERS 782.00 ADDrTIONAL 781.00 PAY-REGULAR RATE MEAL ALLOWANCE 27.00 WORKERS COMP 782.00 ADJUSTMENTS MISCELLANEOUS 65.00 PRISONER LODGING-OUT 8,780,00 OF COUNTY PRISONER MEDICAL 8,688.00 SER VlCES GENERAL OFFICE SUPPLIES 150.00 MISCELLANEOUS 150.00 TRAINING REGISTRA TrON 1]7.00 FEESrrRA VEL TRA]NING TRA VEL OUT OF 117_00 COUNTY TEMPORAR Y ],4]3.00 ELECTION JUDGES & CLERK 1,41300 GENERAL OFFICE SUPPLIES L.OOOOO ELECTION SUPPLIES 2,261.00 BUILDING RENTAL 135.00 CONTRACT SER VICES 905.00 LEGAL NOTICES 322,00 PaS,1 f'. In In e CALHOUN COUNTY, TEXAS (J\ Unposted Budget Transactions - EXPEND.ADJUSTMENTS FOR 6/13/02 .1' '-,-~ ~ '-.~ ,.": Lr_LJ ClI BUD219 - BUDGET ADJUSTMENTS FOR 6113/02 t- . (I; Fund Effective JUN 1 ~ i'UU" Code Date Fund Title Transaction Description DeptTitle GL Title In rease Decease --- 1000 6/13/2002 GENERAL FUND REVERSE liNE ITEM ELECT10NS POSTAGE 543.00 TRANS..ELECTION CONTRACT FUND REIMB. 1000 6/13/2002 GENERAL FUND JAIL STUDY-FEDEX. WH INDIGENT HEALTH CARE CARE OF INDlGENTS ]71.00 BAUER, JR. M1LEAGE TO VISIT JAILS 1000 6113/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRlDGE SUPPLIES ]86.00 BRIDGE-PRECINCT #] ]000 6/1312002 GENERAL FUND LINE ]TEM TRANSFER ROAD AND SUPPLlES-M]SCELLANEOUS ]86.00 BRIDGE-PRECINCT #1 1000 6/13/2002 GENERAL FUNO LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPliES 500.00 BRlDGE-PREC]NCT #2 ]000 6/1 3/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND PIPE 500,00 BRIDGE-PRECINCT #2' 1000 6/])/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 150,00 BRIDGE-PRECINCT #4 1000 6//3/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND MACHINERYIEQUIPMENT ]50,00 BRIDGE-PRECINCT #4 REPAIRS 1000 6113/2002 GENERAL FUND LINE ITEM TRANSFER CONSTABLE-PRECINCT # 1 AUTO ALLOWANCES 86.00 1000 611312002 GENERAL FUND liNE ]TEM rRANSFER CONST ABLE-PREC]NCT #] TRAINING TRAVEL OUT OF 86.00 COUNTY 1000 6/13/2002 GENERAL FUND REQU]RED BY PA YROLL SHER]FF OVERTIME 4,078.00 1000 6113/2002 GENERAL FUND REQUIRED BY PAYROLL SHERIFF ADDITIONAL 3.297.00 PA Y-REGULAR RATE 1000 6113/2002 GENERAL FUND liNE ]TEM TRANSFER SHERIFF MEAL ALLOWANCE 32.00 1000 6/1312002 GENERAL FUND TO PROPERL Y CHARGE SHERIFF GENERAL OFFICE SUPPLIES 784,00 COMPUTER MA1NT. PO#21750 (SOFTWARE SOLUT) 1000 6/13/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF SUPPLIES-MISCELLANEOUS 32,00 1000 6!l3/2002 GENERAL FUND TO PROPERL Y CHARGE SHERIFF MACHINE MAINTENANCE 784.00 COMPUTER MAJNT. PO#2 [750 (SOFTWARE SOL UT) 1000 6!l3/2002 GENERAL FUND ]NSURANCE SEITLEMENT SHERIFF REPAIRS-INSURANCE 8.626.00 (FRESENTED TO C.CRT RECOVER Y 6113/02) fOOO 6/])/2002 GENERAL FUND INSURANCE SEITLEMENT SHERIFF REPAIRS-INSURANCE 4,706,00 (PRESENTED TO C.CRT RECOVER Y 6113102) Dal":6/12/020442:28PM e [>,,;"2 e e CALHOUN COUNTY, TEXAS Unposted Budget Transactions. EXPEND.ADJUSTMENTS FOR 6/13/02 BUD219 - BUDGET ADJUSTMENTS FOR 6113/02 Fund Effective Code Date Fund Tille Transaction Description DeptTitle GL Title Increase Decrease 1000 6/13/2002 GENERAL FUND JAIL STUDY-FEDEX. WH TRANSFERS TRANS.TO CAP,PROJ.-NEW 171.00 BAUER, JR. MILEAGE TO JAIL BUILDING VISIT JAILS --.---.-- Total GENERAL FUND 35,419.00 22,087.00 1000 5136 6/13/2002 CAPITAL PROJECT NEW JAIL STUDY-FED EX, WH NO DEPARTMENT STUDY-JAIL FEASIBILITY 171.00 JAIL BUILDING BAUER, JR. MILEAGE TO VISIT JAILS 5136 6/13n002 CAPITAL PROJECT NEW JAIL STUDY-FEDEX. WH NO DEPARTMENT TRANSFERS FROM 171.00 JAIL BUILDING BAUER, JR. MlLEAGE TO GENERAL FUND VISIT JAILS --- ----~ Total CAPITAL PROJECT NEW 171.00 171.00 5136 JAIL BUILDING 5143 6/13n002 CAP.PROJPRECINCT 3 LINE ITEM TRANSFER NO DEPARTMENT ENGINEERING SER VICES 923.00 BUILDING 5143 6/13/2002 CAPPROJ.PRECINCT 3 LINE ITEM TRANSFER NO DEPARTMENT BUILDING 923,00 BUILDING ---.-- ---.--.--- Total CAP,PROJPRECINCT 3 i;:::~)PF;OVcD 923,00 923.00 5143 BUILDING ." -~ Report Total JUN 1 3 2002 36,513.00 23.181.00 Oale_6/121020442:2SPM e e Page, en ~ ~ e e GENERAL DISCUSSION - MEETING WITH JAIL COMMISSION - REPORT Sheriff Browning and Judge Marshall gave a report on the meeting with the Jail Commission in Austin regarding the County Jail. Sheriff Browning said the jail has been inspected previously and problems are not solved. The Jail Commission voted to shut down the jail within thirty days. Judge Marshall said there is an appeal process which will be considered. Tim Smith said the fire system was tested while on the emergency electrical system. The major problems are (1) smoke fills the fire escape route during test (2) dry fire system instead of wet (3) doors not working properly. After thirty days we cannot temporarily detain anyone. Tomorrow we will speak to the Jail Commission regarding alternatives and remedies. The jail could possibly be changed to a temporary holding facility of five cells if enough of the system could be approved. We could repair or modify the systems that are in place. Sheriff Browning stated there are maximum, medium and low risk prisoners to be considered. The process is to bring them in, book, put them in inmate clothing and take to Victoria. We do not have a temporary facility for this. 2:00 O'CLOCK P.M. e JOB CLASSIFICATION AND COMPENSATION STUDY FOR ALL FULL-TIME COUNTY EMPLOYMENT POSITIONS Commissioner Floyd said for the county to receive positive job descriptions and a fair compensation study, Ray and Associates, Inc. were the most qualified of the proposals received. Katherine Ray with the firm said they have been a leader in public and human resource management since 1975. They will get a good understanding of the persons and County government. She distributed literature to the Court and employees in attendance and discussed same. Henry Barber, with EMS, discussed problems with losing employees or potential employees to larger cities and the chemical plants. Ms. Ray stated she would work with him on the matter. Commissioner Floyd suggested the Court recommend the counties for comparison regarding the survey. Ms. Ray said they will draft job descriptions and get employee input, which is critical. They will discuss the questionnaire with employees, by telephone, if necessary. They are not doing a work load study; only content of the job. She will check into the privacy act regarding the questionnaire. The following schedule was devised for employee groups briefings: Monday, June 17 and Friday, June 28. BURN BAN e The Fire Chief reported all the fire chiefs in the Association were in favor of a burn ban with approved controlled burns by the Fire Chief (written waiver from the Fire Chief in advance of burning) for a term of ninety days unless renewed. A Motion was made by Commissioner Galvan and seconded by Judge Marshall to issue an Order of Burn Ban for Unincorporated Areas of Calhoun County. Commissioners Galvan, Floyd, FInster, Judge Pro-Ten Balajka and Judge Marshall all voted in favor. . 560.' e e e PROHIBITION OF OUTDOOR BURNING WHEREAS, in accordance with provisions of the Texas Disaster Act of 1975, a state of disaster has been declared based on the imminent threat of disaster from wildfire; and WHEREAS, declaration of such disaster authorized the imposition of controls on activities which tend to increase the likelihood of such fires. BE IT THEREFORE ORDERED that the following emergency regulations are hereby established for all unincorporated areas of Calhoun County, Texas for the duration of the above mentioned declaration; ]. Actions Prohibited: A person violates this order if he bums any combustible material outside of an enclosure that services to completely contain all flames and/or sparks, or orders such burning by others. This Order is adopted pursuant to Local Government Code 9240.906, and other applicable statutes. This Order does not prohibit outdoor burning activities related to public health and safety that are authorized by the Texas Natural Resources Commission for (1) firefighter training; (2) public utility, natural gas pipeline or mining operations; or (3) harvesting of agricultural crops. 2. Exception: If in the opinion of the Fire Chief of the area, or his designee(s), the controlled bum would be so situated as top ose no additional fire ha zard during this period, and upon inspection the Fire Chiet~ or his designee(s), feel(s) that all necessary precautions have been observed, the Fire Chief or his designee(s) may issue an advance written waiver to the ban on outdoor burning. Any TNRCC permits must still be obtained by the property Owner. 3. Enforcement: a. Upon notification of suspected outdoor burning, the fire department assigned to the location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. b. As soon as possible, a duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. c. If in the opinion of the officer at the scene and/or the Fire Chief the goal of the order can be attained by informing the responsible party about the prohibitions established by this order, the officer may, at his discretion, notify the party about the provisions of this order and request compliance with it. In such instances, an entry of the notification shall be made into the dispatchers' log containing the time, date, and the placc of thc warning, and the name of person receiving the warning. 561 d. In accordance with Local Government Code ~240.906(h), a violation of this Order is a Class C Misdemeanor, punishable by a fine not to exceed $500.00. BE IT ALSO ORDERED that this order may be enforced by any duly commissioned peace officer and that the venue for prosecution of this order will be Justice of the Peace Courts of Calhoun County, Texas or County Court-At-Law, Port Lavaca, Texas. This Order will be in full force and effect from June 13,2002 for ninety (90) days. This Order shall expire upon the first happening of any of the following: I. a determination is made undcr Subsection (b) of Local Governmcnt Code 9240.906 that drought conditions no longer exist; or 2. a determination is made by the Commissioners' Court that the circumstances identified under Subsection (c)(2) of Local Govemment Code ~240.906 no longcr exist. IN WITNESS WHEREOF, I affix my signature this 13th day of June, 2002. Attest: ch~~'~~LC Arlene N. arsha, County Judge ~~~ Ii;. MarIe e Paul, Co nty Clerk ,Jj~ ,~ " I " " ,~\'\'l \:. UiJt<~, ":-<.\,, \" ~ "'~.~~.J) ,. . ~- ,"".) ~-., ~. c?) ';, ',H . c:? . '"~. ....~- ",', . --- . , t; :, C:' ' :~" .. . '"Ii". -;;\-.. .. THE COURT ADJOURNED AT 3: 16 P.M. 562 e e e SPECIAL JUNE TERM HELD JUNE 24, 2002 THE STATE OF TEXAS 9 COUNTY OF CALHOUN 9 -- BE IT REMEMBERED, that on this the 24th day of June, AD., 2002 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 2:00 P.M., a Special Term of the Commissioners' Court, within said County and State, and there were present on this date the following members ofthe Court, to-wit: Arlene N. Marshall Roger C. Galvan Michael 1. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner, Pct. I Commissioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 Deputy County Clerk Thereupon the following proceedings wcre had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. REQUEST REVIEW OF REMEDIAL ORDER PERTAINING TO CLOSING COUNTY JAIL A Motion was made by Judge Marshall and seconded by Commissioner Finster to apply to the Texas Commissioner of Jail Standards for a request for a review of Commission action taken pursuant to the issuance of the Remedial Order as pertains to the closing of the jail. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. e TAKE NECESSARY ACTION REGARDING CLOSURE OF THE COUNTY JAIL AND ESTABLISH TEMPORARY HOLDINGIPROCESSING FACILITIES Sheriff Browning presented the two proposals of Mr. Danny Butler for a temporary building to house prisoners for not over twenty-four hours until they are booked in, fitted with jail uniforms and transport to housing elsewhere. One proposal was a temporary building made of wood, which is not approved by the Jail Commission. The other is a building which can be used later with a new jail. It has two cells each for men and women and one holding cell for violent prisoners. Each cell holds sixteen. Chief Jailer, Tim Smith, stated as prisoners were moved from the county jail on June 3rd per the Remedial Order because of the liability. Johnny Clegg with Clegg Enterprises presented his proposal of two modules for holding male and female inmates with an administrative office in the middle. The buildings do meet all standards; temporary buildings must have everything a permanent building contains; fire alarm system, smoke evacuation blowers, air conditioning and heating, etc. The doors from the present jail may be utilized but not the plumbing fixtures as they have deteriorated. This plan has ah-eady been rejected by Byron Wood, with the Jail Commission, in Austin. The buildings must contain a visitation room, laundry and place for meeting with attorneys. e Judge Marshall advised the Court Mr. W. H. Dauer, Jr., Chair of the Jail Feasibility Study Committee, said they would have a report by July 22, 2002 and requested the Court not put in a permanent structure. 563