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2008-11-24 -:- ,-:;. 11 " Regular November Term Held November 24, 2008 THE STATE OF TEXAS ~ ~ COUNTY OF CALHOUN ~ BE IT REMEMBERED, that on this 24th day of November, A.D., 2008 there was begun and holden in the Commissioners' Courtroom in t~e County Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to- wit: ,;-, Michael Pfeifer Roger Galvan Vern Lyssy Neil Fritch Kenneth Finster Wendy Marvin County Judge Commissioner, Precinct 1 Commissioner, Precinct 2 Commission~r, Precinct 3 Commissioner, Precinct 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge to the USA Flag and Commissioner Fritsch led the Pledge to the Texas Flag. PUBLIC HEARING ON THE MATTER OF AMENDING THE 2008 AND 2009 CALHOUN COUNTY BUDGETS: Judge Pfeifer opened the Public Hearing regarding amending the 2008 and 2009 Calhoun County Budgets at 10:00 a.m. There were no public comments. Judge Pfeifer closed the Public Hearing at 10:07 a.m. AMEND THE 2008 AND 2009 CALHOUN COUNTY BUDGETS: " A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to approve amending the 2008 and 2009 Calhoun County Budgets. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 00 o o N Ii CI: 11,I >- .....1- S2~ --a ....:) em =- a =u ..- ....I c! .....A. z~ .~ =c:>> Zz.. ~- .= c~ ..... ~. .. = = =~ .....~ II. aN ...~ " .a e E =a>>.. ~> z& E>; e &I ~ 5121 ~ . ~ -J . W ~ a I- .... ... g Gi c:>> ~ ! ~ => ~ 11,I z ~ ~ - . 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M J:2 E = = ..... 0 Z z - .. - ~ ~ GO &I " GO I: ~ - 0 . 2 ....t . .. ~ w - = ~ U Q LIJ 0 (!) Z ~ - a= c ~ w :z: Q ~ LL. -- 0) ('I)C\lG) iii! ~ liiiI ~;1;. ~ ~ =iiOC\lN ~ II ('I) ('I) ~ EA- EA- E: iIli I -- .... - 0 I ONN N .... 1i:ilEA-;1;~ ~ Q) Cl i NN N~ l'lI ('1)(") ~ a.. EA- ~ i IMO M ~ ~OEA-O i~ ~ C") Q ('I) C') ~ EA- EA- . 000 a ~EA-EA-~ Ii 1000 a Ir~~ G) G) G) .. 0 Z I- Z w 2 = il j I- Z Ill: W w 2 II. I- U) z a= = c A. I- W ::IE Q III 0 !: z CD w . Z .. G) W 'l'" :i 2 i Z C Z w 0 II = I- ::IE Z :>> w w Z Ill: 2 l- I- = Z Z w w ::IE ::IE C a a A. z Z W w w Q ::IE ::IE C C .... ill (/) I Z o e ww ii~ ~ !:': ,ill W D i(/) (/) C I..J ..J <(<( i=i= zz ww 00 0000 ww e:::e::: =1 0 C\l ('I) ('I) &,~ ~ ccoco i ~ 't) c: e ~ co o o N o N lii .l:I E Q) 15 z >; l'lI "C l!! ::J s::. I- FINAL PLAT FOR THE TIDELANDS: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve the Final Plat for the Tidelands. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. PRIVATE ARBITRATION AGREEMENT WITH KBM AIR CONDITIONING INC. AND DON KRUEGER CONSTRUCTION COMPANY: A Motion was made by Commissioner Galvan';and seconded by Commissioner Fritsch to approve the Private Arbitration Agreement with KBM 1ir Conditioning, Inc. and Don Krueger Construction Company. Commissioners Galvan, Lyssy, Frit.sch, Finster and Judge Pfeifer all voted in favor. ~ ,t;,'r Number 70 110 Y 315 08; In the Matter o/the Arbitration between: Don Krueger Construction Co., Calhoun County, Te*as, and KBM Air Conditioning, Inc. (abated) AAA , 'I and, Cause No. 08-2-66844-B; KBM Air Conditioning, Inc. v. Don Krueger Construction Co.; . 135th Judicial District Court, Victoria County, Texas PRIVATE ARBITRATION AGREEMENT Whereas, Calhoun County ("County") and Don Krueger Construction Co. ("Krueger") entered into a written agreement ("Agreement") for construction of the New County Jail in Port Lavaca, Texas ("Project"); Whereas, Krueger entered into a w~itten agreement ("Subcontract") with KBM Air Conditioning, Inc. ("KBM") to perform certain work on the Project; Whereas, the Agreement and Subcontract provide for submission of disputes to arbitration under the process and rules of the American Arbitration Association ("AAA"); Whereas, disputes subject to the AAA's determination exist between County and Krueger and between Krueger and KBM ("Disputes"); Whereas, KBM sued Krueger in Cause No. 08-2-66844-B in the 135th District !l Court of Victoria County, Texas (the ';'Lawsuit"), which Lawsuit has been abated pursuant to requirements to arbitrate under the Agreement and Subcontract; Whereas, Krueger submitted the Disputes to arbitration with AAA and the same is pending under case number 70 110 Y 315 08 ("AAA Proceeding"); i 1 I ,I t I '" Whereas, County, Krueger and KBM ("Party" or collectively "Parties") desire to resolve their Disputes under a private arbitration agreement in lieu of the AAA process provided for in the Agreement and Subcohtract; Whereas, the Parties may desire to bring third party claims that may be subject to the AAA process; Whereas, the Parties desire to define the agreements, rules, rights and privileges of the Parties with respect to the private arbitration agreed to between the Parties herein; NOW THEREFORE, the Parties agree to the following: 1 New Parties. If any Party intends to seek claims against another party that is not a party to this matter, the Party shall give notice of its intent to pursue a claim to the third party ("Third Party") and to ~ll other Parties within 10 days following the execution of this Private Arbitration Agreement. In such notice, the Party shall provide the Third Party a copy of this Private Arbitration Agreement and request that the Third Party join in this Private Arbitration Agreement within 30 days. If the Third Party does not agree to join in this Private Arbitration Agreement within 30 days, the Parties shall il proceed pursuant to the original contract documents between them with the AAA Proceeding, and the Third Parties will be joined in the AAA Proceeding. If the Third Party agrees to the terms of this Private Arbitration Agreement, the Third Party shall sign the same and all deadlines hereinafter shall run from the date of the Third Party's signature to this Private Arbitration Agreement and the Third Party shall become a "Party" to the Arbitration. 2 ~ , 2. Dismissal of AAA Proceeding~ Upon agreement of the Parties, including any Third Parties, to submit this matter to private arbitration pursuant to this Private I' Arbitration Agreement, the Parties shall ~ubmit to Krueger the document attached hereto as Exhibit "A" to dismiss the AAA ptoceeding. All parties agree to execute said document within 3 business days following any Third Party's agreement to join in this Private Arbitration Agreement. Krueger shall submit the dismissal to the AAA upon signature of all parties. 3. The "Appointment". Within 30 days following the execution of this Private Arbitration Agreement or, if Third Parties are requested to join in the execution of this Private Arbitration Agreement and said Third Parties execute this Private Arbitration Agreement, within 30 days after all Third Parties execute this' Private Arbitration Agreement" the Parties agree to appoint a third party ("Arbitrator") to arbitrate the Disputes. If the Parties cannot agree on the selection of an Arbitrator, the Parties agree to submission of a Joint Motion to Appoint 'Arbitrator to the Court in the Lawsuit. As an II II attachment to said Motion, each party may articulate its position regarding the appointment of an Arbitrator and provide objections to specific Arbitrators. The parties agree that a hearing shall be required on said motion, but the Parties may agree that the Motion be submitted for decision to the Court without hearing. The proposed order to the court shall simply provide that" shall be appointed as Arbitrator of the Disputes between the parties, subject to any conflict objections a Party may have to the appointment." If a Party has a conflict objection to the Arbitrator appointed, a hearing 3 ~ .; will be held regarding such objection. All parties agree to be bound by the final appointment made by the Court. 4. Within 10 days following appointment of an Arbitrator, Krueger shall provide the Arbitrator a copy of this Private Arbitration Agreement and schedule a conference call between the Parties and the Arbitrator for discussions regarding scheduling of the Arbitration hearing, subject to the discovery provided for in this Private Arbitration Agreement ("Scheduling Conference"). Additionally, the Arbitrator shall schedule a Prehearing Conference to. furt4er discuss the Joint Prehearing Order provided for in Paragraph 7 below. 5. Prior to the Scheduling Cmlference, each Party shall submit to all Parties I: and the Arbitrator a Statement of Position ithat shall enumerate the legal claims sought by the Party and the relief sought. Any amendment to the Statement of Position shall be made at least 20 days prior to the date of the Arbitration hearing, but not later, unless agreed upon between the Parties. Each Party shall be limited to the claims listed and damages sought in the Statement of Position, or any amendment thereto, in the Arbitration. 6. The Parties shall be entitled to conduct discovery subject to and pursuant to the Texas Rules of Civil Procedure ("TRCP") under the following schedule: a. Interrogatories, Requests for Production, Request for Disclosure and Requests for Admission may be serve~: on the other Party within 60 days of the il Appointment, but not later, unless othenwise agreed upon between the parties. All deadlines shall be calculated under the TRCP. 4 b. Party depositions may be taken within 120 days of the Appointment, but not later, unless otherwise agreed upon between the parties. c. Non-party depositions may be taken within 180 days of the Appointment, but not later, unless otherwise agreed upon between the parties. d. Any discovery other than that described in 6.a., 6.b., 6c. must be complete at least 30 days prior to the date of the ArThitration hearing. " e. If any disputes regarding discovery arise, a party shall submit the dispute in writing to the Arbitrator for resolution ("Submission"). Any Submission shall be copied to all Parties, who may respond within 5 business days after receipt to the Arbitrator with a copy to the all Parties. If a Party requests, the Arbitrator shall schedule a conference call between the Parties to discuss the Submission and response. The Arbitrator shall render a decision to the Submission with~n 5 business days after the conference call or Ii within 5 business days after receipt of allil.responses to a Submission, if no conference is requested. The Arbitrator's decision shall'be final with respect to Submissions. 7. Not less than 30 days prior to the date of the Arbitration hearing, the Parties shall submit to all parties a proposed Joint Prehearing Order as shown in the attached Exhibit "B". A Final Joint Prehearing Order shall be approved by the Arbitrator at the JointPrehearing Conference. The Arbitration shall be limited in scope to the matters contained in the Joint Prehearing Order, induding the disputed issues of fact and law and the witnesses listed. 5 .' 8. In accordance with the Joint Prehearing Order, prior to the Arbitration hearing the parties shall exchange exhibits that will be offered at the hearing and a list of all witnesses that will be called by each Party. 9. The Arbitration shall be conducted under the TRCP and the Texas Rules of Evidence. 10. The Costs of the Arbitrator shall be shared equally by the Parties. The Arbitrator shall set the logistical matters regarding the Arbitration, including the location and times of the Arbitration. If any Party desires a transcript of the Arbitration, the !! Arbitrator shall arrange for a court reporter to be present and the Parties shall share i! Ii equally in the cost of the same. The Parties agree that the prevailing party shall be entitled to .attomey fees in the prosecution and/or defense of their position. 11. Upon conclusion of the Arbitration, each party. shall submit proposed Findings of Fact and Conclusions of Law to the Arbitrator on a date set by the Arbitrator. 12. The Arbitrator shall issue the Arbitrator's "Award" within 30 days following the end of the Arbitration by emailing or mailing the same to each Party unless the Parties agree to an extension of the time. Agreed to by the Parties and their respective counsel on the dates shown below. Don Krueger Construction Co. KBM Air Conditioning, Inc. By: Kevin Krueger, Its President By: Jimmy Smith, Its President 6 of. j' Represented by: Donald W. Holcomb Knolle, Holcomb, Kothmann & Callahan 7600 North Capital of Texas Highway North Building B, Suite 110 Austin, Texas 78731 Telephone: 512.476.1121 x 3 Fax: 512.476.1131 Email: dwh@khkclaw.com Calhoun County, Texas By: ~~.Q r;l~!!puL Michael J. Pfeifl , C nudge Represented by: Anne Marie Odefey Roberts, Roberts, Odefey & Witte 2206 North Highway 35 P.O. Box 9 Port Lavaca, Texas 77979 Telephone: 361.552.2971 Fax: 361.552.5368 Email: amo@portlavacalaw.com Represented by: David C. Wenholz The Wenholz Law Firm 2901 Bee Cave Rd. Box H Austin, Texas 78746 Telephone: 512.478.2211 Fax: 512.478.3625 email: dwenholz@wenholz.com 7 REAL ESTATE LEASE, PROPERTY CONTRACT AND OPTION TO PURCHASE WITH STOFER LIMITED PARTNERSHIP AND WELLS FARGO BANK, AS TRUSTEE OF DAY P. McNEEL, JR. TRUST, AND MARY AUSTIN: McNEEL TRUST FOR 7.05 ACRES OUT OF SANTIAGO GONZALES, OUTBLOCK 30, TRACT 2, CALHOUN COUNTY, TEXAS, (PORT O'CONNOR, TEXAS) AND ADJOINING APPROXIMATE 1.0 ACRE MORE OR LESS OUT OF RAILROAD RIGHT OF WAY: . A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve the Real Estate Lease, Property Contract and Option to Purchase with Stofer Limited Partnership and Wells Fargo Bank, as Trustee of Day P. ~cNeel, Jr. Trust, and Mary Austin McNeel Trust for 7.05 acres out of Santiago Gonzales, Outblock 30, Tract 2, Calhoun County, Texas, (Port O'Connor, Texas) and adjoining approximate :~.O acre more or less out of the Railroad Right-of- 'I Way. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ... ". \., Real Estate Lease Date: November 1, 2008 Lessor/Landlord: S'tofer Limited Partnership, aTexas limited partnership, and Wells Fargo Bank, as Trustee of Day P. McNeel, Jr. Trust, and Mary Austin McNeel Trust. Lessor's Address: Stofer Limited Partnership c/o James N. Stofer P.O. Box 1969 Victoria, Texas 77902 Lessee/Tenant: Calhoun County, a Local County Government Lessee's Address: Calhoun County 211 S.Ann Port Lavaca, TX 77979 Leased Property/Premises: il 7.05 acres out of Santiago Gonzales, Outblock 30, Tract 2, Calhoun County, Texas (Port O'Connor, Texas) and adjoining approximate 1.0 acre more or less out of Railroad Right of Way. Term (months): 23 months Commencement Date: November 1,2008 Termination Date: September 30,2010 Base Rent (consideration for lease): Improvement of the property by clearing, fill and leveling for a parking lot and recreational park. Security Deposit: not required Permitted Use: parking ofvehic1es and boat trailers Tenant's Insurance: liability Landlord's Insurance: none ..;1- 'J , .~' Tenant's Rebuilding Obligations: None Option to purchase: Lessee shall have and is hereby granted an option to purchase the Premises (surface .Q!!.1ytunder the terms outlined in the separate Option to Purchase executed by Le,ssor and Lessee of even date herewith. If Lessee purchases the leased premises under this option to purchase, this lease shall terminate, but if Lessor terminates this lease due to default by Lessee, then this option shall likewise terminate. .Definitions "Essential Services" means utility connections reasonably necessary for occupancy of the Premises for the Permitted Use. "Injury" means (a) harm to or impairment or loss of property or its use, (b) harm to or death of a person, or (c) "personal and advertising injury" ,as defined in the form of liability insurance Tenant is required to maintain. "Landlord" means Lessor/Landlord and its agents, employees, invitees, licensees, or visitors. "Lienholder" means the holder of a deed of trust covering the Premises. "Rent" means Base Rent plus any other amounts of money payable by Tenant to Landlord. "Tenant" means Lessee/Tenant and its agents, contractors, employees, invitees, licensees, or visitors. . Clauses and Covenants A. Tenant agrees to- 1. Lease the Premises for the entil'e Term beginning on the Commencement Date and ending on the Termination Date. 2. Accept the Premises in their present condition "AS IS," the Premises being currently suitable for the Permitted Use. 3. Obey (a) all applicable laws relating to the use, condition, and occupancy of the Premises and Building and (b) any requirements imposed by utility companies serving or insurance companies covering the Premises. 4. To provide the Essential Services. 5. Obtain and pay for all utility services used by Tenant and not provided by Landlord. 6. Pay Tenant's Pro Rata Share of any utility services provided by Landlord. 7. Allow Landlord to enter the Premises to perform Landlord's obligations, inspect the Premises, and show the Premises to prospective purchasers or tenants. -2- ". 8. Repair, replace, and maintain any part of the Premises that Landlord is not obligated to repair, replace, or maintain, normal wear excepted. " 9. Submit in writing to Landlotd any request for repairs, replacement, and maintenance . that are the obligations of Landlord. 10. If requested, deliver to LandLord a financing statement perfecting the security interest created by this lease. 11. Vacate the Premises no later than the last day of the Term. ~ , 12. INDEMNIFY, DEFEND, AND HOLD LANDLORD AND LIENHOLDER HARMLESS FROM ANY INJURY (AND 'ANY RESULTING OR RELATED CLAIM, ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE, INCLUDING ATTORNEY'S FEES AND OTHER FEES AND COURT AND OTHER COSTS) OCCURRING IN CONNECTION WITH THE USE OR OPERA TION OF THE 'pREMISES BY TENANT. THE INDEMNITY CONTAINED IN THIS PARAGRAPH (a) IS INDEPENDENT OF TENANT'S INSURANCE, (b) WILL NOT BE LIMITED BY COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PAID UNDER. THE WORKERS' COMPENSA TION ACT OR SIMILAR ' . 1 EMPLOYEE BENEFIT ACTS, (e) WILL SURVIVE THE END OF THE TERM, AND (d) WILL APPLY EVEN IF AN 'INJURY IS CAUSED IN WHOLE OR IN PART BY THE . ORDINARY NEGLIGENCE OR STRlCTLIABILITY OF LANDLORD BUT WILL NOT APPLY TO THE EXTENT AN INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. B. Tenantagrees not to- 1. Use the Premises for any purpose other than the Permitted Use. 2. Create a nuisance. 3. Permit any waste. 4. Use the Premises in any way that would increase insurance premiums or void II insurance on the Premises. 5. Change Landlord's lock system. 6. Alter the Premises, except for the in-kind services intended as consideration by Tenant for the lease: . 7. Allow a lien to be placed on the Premises. 8. Assign this lease or sublease any portion of the Premises. c. Landlord agrees to _ 1. Lease to Tenant the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date. ii-3- ';: " ~. D. Landlord agrees not to - 1. Interfere with Tenant's possession of the Premises as long as Tenant is not in default. E. Landlord and Tenant agree to the following: 1. Alterations. Any physical additions or improvements to the Premises made by Tenant . will become the property of Landlord. Landlord may require that Tenant, at the end of the Term and at Tenant's expense, remove any physical additions and improvements, repair any alterations, and restore the Premises tothe condition existing at the Commencement Date, normal wear excepted. 2. Abatement. Tenant's covenant to provide Rent (consideration for lease) and Landlord's covenants are independent. Except as otherwise provided, Tenant will not be entitled to abate Rent for any reason: 3. Taxes and Insurance. a. Lessor shall pay all real property taxes covering the Premises. All taxeson personal property located on the Premises will be paid by Lessee. In the event that real property taxes on the Premises are increasdd during the lease term over and above the taxes on said " Premises for the year preceding t~e effective date of this lease, then lessee shall reimburse Lessor in the amount of such increased taxes within forty five (45) days of notice of payment by Lessor. b. Lessee shall, during the entire term hereof, keep in full force and effect a policy of public.liability and property damage liability insurance with respect to the demised premises and the business operated by Lessee in the demised premises, in which the limits of public liability shall not be less than $250,000.00 per person and $500,000.00 per accident, and in which the limit of property damage liability shall not be less than $250,000.00. The policy shall nam.e Lessor and Lessee as insured, and shall be contain a clause that the insurer will not cancel or change the insurance without first giving the Lessor thirty (30) days' prior written notice. Such insurance will be furnished by Lessee under any blanket policy carried by it or under a separate policy therefor. c. Lessee shall deliver to Lessor a copy of all paid-up insurance policies or satisfactory certificates of all insurance policies required hereunder. If Lessee shall fail to comply with any of the requirements herein contained relating to insurance, Lessor may obtain such insurance and Lessee shall pay to Lessor on demand as additional rental the premium cost thereof, plus interest thereon at the maximum rate allowed by law from the date of payment of such premium by Lessor to the date of reimbursement to Lessor by Lessee. 4. Release o/Claims/Subrogation. LANDLORD AND TENANT RELEASE EACH ., OTHER AND LIENHOLDER FROM ALL CLAIMS OR LIABILITIES FOR DAMAGE TO THE ' . PREMISES, DAMAGE TO OR LOSS OF P~RSONAL PROPERTY WITHIN THE PREMISES, AND LOSS OF BUSINESS OR REVENUES THAT ARE COVERED BY THE RELEASING PARTY'S PROPERTY INSURANCE OR THAT WOULD HAVE BEEN COVERED BY THE REQUIRED INSURANCE IF THE PARTY FAILS TO MAINTAIN THE PROPERTY COVERAGES REQUIRED BY THIS LEASE. THE PARTY INCURRING THE DAMAGE OR LOSS WILL BE RESPONSIBLE FOR ANY DEDUCTIBLE OR SELF~INSURED RETENTION -4- ~+ .4 iI I, UNDER ITS PROPERTY INSURANCE]I LANDLORD AND TENANT WILL NOTIFY THE ISSUING PROPERTY INSURANCE COMPANIES OF THE RELEASE SET FORTH IN THIS PARAGRAPH AND WILL HAVE THE PROPERTY INSURANCE POLICIES ENDORSED, IF NECESSARY, TO PREVENT INVALIDATION OF COVERAGE. THIS RELEASE WILL NOT APPLY IF IT INVALIDATES THE PROPERTY INSURANCE COVERAGE OF THE RELEASING PARTY. THE RELEASE IN rillS PARAGRAPH WILL APPLY EVEN IF THE DAMAGE OR LOSS IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTY BUT WILL NOT APPLY TO THE EXTENT THE DAMAGE OR LOSS IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTY. 5. Condemnation/Substantial or Partial Taking a. If the Premises cannot be 'used for the purposes contemplated by this lease because of condemnation or purchase in lieu of condemnation, this lease will terminate. b. If there is a condemnation or purchase in lieu of condemnation and this lease is not terminated, provided during the. unexpired portion of the Term will be adjusted as may be fair and reasonable. c. Tenant will have no claim to the condemnation award or proceeds in lieu of condemnation. 6. Uniform Commercial Code. Tenant grants Landlord a security interest in Tenant's personal property now or subsequently located on the Premises. This lease is a security agreement under the Uniform Commercial Code. 7. Default by Landlord/Events. Defaults by Landlord are failing to comply with any provision of this lease within thirty days after written notice. 8. Default by Landlord/Tenant's Remedies. Tenant's remedies for Landlord's default are to terminate this lease. 9. Default by Tenant/Events. Defaults by Tenant are (a) failing to provide in-kind services as contemplated by the parties, (b) abandoning or vacating a substantial portion of the Premises, and (c) failing to comply within ten days after written notice with any provision of this lease other than the defaults set forth in (a) and (b) above. 10. Default by Tenant/Landlord's R~medies. Landlord's remedies for Tenant's default are to terminate this lease by written notice and sue,ifor damages. Landlord may enter and take possession of the Premises by self-help, by picking or changing locks if necessary, and may lock out Tenant or any other person who may be occupying the Pr~mises, until the default is cured, without being liable for damages. " i; 11. Default/Waiver/Mitigation. It is~ot a waiver of default if the nondefaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this lease does not preclude pursuit of other re,medies in this lease or provided by applicable law. Landlord and Tenant have a duty to mitigate dart}ages. -5- !" 12. Holdover. If Tenant does not vacate the Premises following termination of this lease, Tenant will become a tenant at will and must vacate the Premises on receipt of notice from Landlord. No holding over by Tenant, whether with or without the consent of Landlord, will extend the Term. 13. Alternative Dispute Resolution. Landlord and Tenant agree to mediate in good faith before filing a suit for damages. 14. Attorney's Fees. If either party retains an attorney to enforce this lease, the party prevailing in litigation is entitled to recover reasonable attorney's fees and other fees and court and other costs. 15. Venue. Exclusive venue is in the county in which the Premises are located. 16. Entire Agreement. This lease is the entire agreement of the parties, and there are no . oral representations, warranties, agreements, or promises pertaining to this lease or to any expressly mentioned exhibits and riders not incorporated in writing in this lease, TIME IS'OF THE ESSENCE:IN THIS LEASE. " 17. Amendment of Lease. This lease may be amended only be an instrument on writing signed by the Landlord and Tenant. 11. . 18. Limitation of Warranties. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARlSING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSL Y STATED IN THIS LEASE. 19. . Notices. Any notice required or permitted under this lease must be in writing. Any notice required by this lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this lease. Notice may also be given by regular mail, personal delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 20. Abandoned Property. Landlord may retain, destroy, or dispose of any property left on the Premises at the end of the Term. LESSOR: Stofer Limited Partnership, a Texas limited partnership, A Jam s N. Stofer, general Limited Partnership -6- '. j Wells Fargo Bank, Trustee of the Day P. McNeel, Jr. Trust and the Mary Aus_t~n McNeel rust LESSEE: Calhoun County, a Local County Government, by Calhoun County Commissioners Court D\! ~ f!t;l:; Mike Pfeifer, eo ty dge jf~t-<, +~ . Kenneth Finster, County Commissioner -7- ~ '.1'1' "~. OPTION TO PURCHASE THE STATE OF TEXAS ~ COUNTY OF CALHOUN g KNOW ALL MEN BY THESE PRESENTS: This Agreement is made this 1 stl day of Novemher, 2008, by and between STOFER LIMITED PARTNERSffiP, and WELLS FARGO BANK, AS TRUSTEE OF THE DAY P. MCNEEL TRUST AND THE MARY AUSTIN MCNEEL TRUST, whose address is P.O. Box 1969, Victoria, Texas 77902 (~'Optionor"), and COUNTY OF CALHOUN, whose address is 211 Ann St., Port Lavaca, Texas 77979 ("Optionee"). WHEREAS, Optionor owns certain real property in Calhoun County, Texas, which Optionee may wish to purchase; NOW THEREFORE, in consideration for the sum of Ten and No/100Dollars ($10.00) and other good and valuable consideration, receipt of which is acknowledged by Optionor, I Optionor hereby GRANTS to Optionee the' exclusive right to purchase the SURFA.CE ESTATE . of the following tract in Calhoun County, Texas, from Optionor (the "Option"), all upon the . terms and conditions hereinafter stated: . BEING7.05 acres out of Santiago Gonzales, Outblock 30, Tract 2, Calhoun County, Texas (Port O'Connor, Texas) and adjoining 1.0 acre, more or less, acre out of Railroad Right of Way. 1. OPTION PERIOD: Optionee may exercise the Option to purchase at anytime until and including June 30, 2010 (the "Expiration Date"), so long as Optionee is not in default under the lease signed by Optionee with O~;tionor concerning the above property of even date herewith or so long as said lease has not terminated. TIME IS OF TIIE ESSENCE IN EXERCISING TIIE OPTION. 2. EXERCISE OF OPTION: Optionee may exercise the Option at any time on or before the Expiration Date by delivering to Optionor,. by certified mail, return receipt requested, or Federal Express mail, at the above listed address of Optionor (or at such other address as is given in writing by Optionor to Optionee), postmarked on or before the Expiration Date, Or in person to Optionor, notice of Exercise of Option by Optionee, along with the earnest money outlined therein, made payable to Anderson,SrDith, Null & Stofer, L.L.P. Escrow Account The date of mailing or delivery of the Exercise of Option shall be deemed to be the effective date of the earnest money contract. 3. CONTRACT: Should Optionee exercise the Option, Optionor'shall sign and deliver the earnest money contract and earnest money tendered by Optionee to Anderson, Smith, Null & Stofer, L.L.P., One O'Connor Plaza, 7th Floor, Victoria, Texas 77902, within five (5) days after receipt from Optionee. Upon exercise of the option, the signing of the earnest money 1 f~ i ,/' contract by Optionor shall be done to properly evidence the contract between Optionor and Optionee. 4. LIENS: Optionor warrants and represents that no mortgagee or lienholder has a lien or security interest covering the Property, except that will be paid off in any sale of the . property to Optionee. Optionor represents and warrants that Optionor is seized of good and indefeasible title and interest in and to the Property, and has full right, power, and authority to enter into this Agreement. 5. REMEDIES: If Optionee eX~rcises the Option properly and Optionor refuses to sell under the tenns outlined in the earnest money contract, at Optionee's election, Optionee may exercise the remedies provided to Buyer in the earnest money contract in the event of default by Seller; these remedies are incOlporated by reference herein. 6. F AlLURE TO EXERCISE OPTION: Should Optionee elect not to exercise the Option, then at 12 midnight on the Expiration Date, this Agreement shall terminate, and Optionor shall retain all in-kind services theretofore provided to Optionor by Optionee. OPTIONOR: OPTIONEE: Stofer Limited Partnership By: ~(J? ~ JAME . STOFER, General Partner Calhoun County, a Local County Government By: Calhoun County Commissioners Court ~ 1 ~ /,~ -........) . 1 _.;t"~ ,;, ' , // l "L, "At- \ 'v-) J'''''/h,. ,I i Mike Pfeifer;<'C<>y6ty Juage Lw.J~ 1<:.enneth Finster,Coun Commissioner 44930 ):\JNs\s'ofcr.Eiband\SaJ. 10 CaIhoua Cotml)'\Closiag lJocumcnu\()pli 10 _.doc INS:.. 812_ 2 ,~ '. (, ~ PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREe) 02-13-06 EQUAL HOUSING OPPORTUNITY UNIMPROVED PROPERTY CONTRACT NOTICE: Not For Use For Condominium Transactions 1. PARTIES: Stofer Limited Partnership, and Wells Fargo, Trustee of McNeel Trusts (Seller) agrees to sell and convey to County of Calhonn (Buyer) and Buyer agrees to buy from Seller ttie Property described below. Out . 2. PROPERTY: Lot 2 OgtBlock 30 , Port 0' Connor Townsite Outlots ~ ~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX;C Cou nty of Calhoun Texas,~ and adioining 1.0 acre more or less out of railroad right of ~ay (address/zIp code), ~r.as descnbe~ on ~ttached exhibittogether with all rights, privileges and appurtenances pertaining thereto, Includl~g but not ,limited to: water rights, claims, permits, stnps and gores, easements, and cooperative or association memberships (the Property). 3. SALES PRICE: , A. Cash portion of Sales Price payable by Buyer at closing.................. $ 480 ,000.00 B. Sum of all financing described below (excluding any loan funding fee or mortgage insurance premium) ..:'........................................$ c. Sales Price (Sum of A and B) ..................................................... $ 480,QOO.00 4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows: (Check ~plicable boxes below) U A. THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of $ . (excluding any loan funding fee or mortgage insurance premium). (1) Property Approval: If the Property does not satisfy the lenders' underwriting requirements for the loan(s), this contract will terminate and the earnest money will be refunded to Buyer. (2)Einancing Approval: (Check one box only) U (a) This contract is subject to Buyer being approved for the financing described in the attached Third Party Financing Condition Addendum. D(b) This contract is not subject to Buyer being approved for financing and does not involve FHA orVA financing. o B. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory notes described in the attached TREC Loan Assumption Addendum. o C. SELLER FINANCING: A promissory note from Buyer to Seller of $ .' secured by vendor's and deed of trust liens, and containing the terms and conditions described in the attached TREC Seller Financing Addendum. If an owner policy of title insurance is furnished, Buyer shall furnish Seller with a mortgagee policy of title insurance. . , 5. EARNEST MONEY: Upon execution of this contract by both parties, Buyer -shall deposit $ 'i, 000.00 as earnest money with closing agent. Andlirson, Smith EscrQW Account, as escrow agent, at One 0' Connor Plaza., .7th Floor, V1ctor1a, Texas 77~Ul (address). Buyer shall deposit additional earnest money of $ . with escrow agent within _ days after the effective date of this contract. If Buyer fails to deposit the earnest money as required by this contract, Buyer will be in default. 6. TITLE POLICY AND SURVEY: . A. TITLE POLICY: Seller shall furnish to Buyer at DSeller's I8JBuyer's expense an owner policy of title insurance (Title Policy) issued by Texas Title. ' (Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Poli~y, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. . (3) Liens created as part of the financing described in Paragraph 4. . . . (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. .' (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyer's expense, may have the exception amended to read, "shortages in area". B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's Initialed for identification by Buyer and Seller TREC NO. 9-6 . ~ Railroad ROW Contract Concerning Outlot 2. Outblock 30. Port 0' Connor Outlots & 1.0 ac. Page 2 of 8 02-13-06 (Address of Property) expen~e, legible copi~s of restrictive covenants and documents evidencing exceptions in the Commitment (Exception Documents) other than the standard printed exceptions. Seller autho;izes the Title Con:pany to deliver the Commitment and Exception Documents to Buyer at Buyers address shown In Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or the Closing Date, whichever is earlier. e. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the Title Company and any lender. (Check one box only) . o (1) Within days after the effective date of this contract, Seller shall furnish to Buyer and Title Company Seller's existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (Affidavit). If the existing surveyor Affidavit is not acceptable to Title Company or Buyer's lender, Buyer shall obtain a new survey at 0 Seller's 0 Buyer's expense no later than 3 days prior to Closing Date. If Seller fails to furnish the existing surveyor Affidavit within the time prescribed, Buyer shall obtain a new survey at Seller's expense no later than 3 days prior to Closing Date. :g: (2) Within 20 days after the effective date of this contract, Buyer shall obtain a new survey at Buyer's expense. Buyer is deemed to receive the survey on the date of actual receipt or .the date specified in this paragraph, whichever is earlier. 0(3) Within days after the effective date of this contract, Seller, at Seller's expense shall furnish a new survey to Buyer. D. OBJECTIONS: Buyer may object in writing to (i) defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; or disclosed in the Commitment other than i~ems 6An) through (8) above; (ii) any portion of the Property lying in . a special flood hazard area (Zone V or A) as shown on the current Federal Emergency Management Agency map; or (iii) any exceptions which prohibit the following use or activity: Buyer must object not later than (i) the Closing Date or (ii) ~ days after Buyer receives the Commitment, Exception Documents, and the survey, whichever is earlier. Buyer's failure to object within the time allowed will constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the Commitment are not waived. Provided Seller is not obligated to incur any expense, Seller shall cure the timely objections of Buyer or any third party lender within 15 days after Seller receives the objections and the Closing Date will be extended as necessary. If objections are not cured within such 15 day period, this contract will terminate and the earnest money will be refunded to Buyer unless Buyer waives the objections. E. TITLE NOTICES: ". (1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to object. .. . (2) MANDATORY OWNERS' ASSOCIATION MEMBERSHIP: The Property. 0 is (J is not subject to mandatory membership in an owners' association. If the Property is subject to mandatory membership in an owners' association, Seller notifies Buyer under 95.012, Texas Property Code, that, as a purchaser of property in the residential community in which the Property is located, you are obligated to be a member'of the owners' association. Restrictive covenants governing the use and occupancy of the Property anda dedicatory instrument governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instrument may be obtained from the county clerk. You are obligated to pay assessments to the owners' aSSOCiation. The amount of the assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of the Property. If Buyer is concerned about these matters, the TREC promulgated Addendum for Property Subject to Mandatory Membership in an Owner's Association should be used. (3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily create.d district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedFless, or standby fee of the district prior to final execution of this contract. (4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, 933.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum containing the notice promulgated by TREC or required by the parties must be used. (5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies Buyer under 95.011, Texas Property Code, that the 'Property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to Initialed for identification by Buyer and Seller TREC NO. 9-6 ~ ContractConcerningOutlot 2. Outblock 30. P'ort O'Connor OlItl()t~ tv 1.0 ac.r~~tr3ogfd8 ~q~13-06 (Add ress of Property) annexati.on by the mu~icipali~y.. E?c~ municipality maintains a map that depicts its bou~d.an~s ~nd extraterntorla~ Jl!rls.d/<;:tlon. T~ d~termine if the Property is located within a munlclpahty.s ~xt~at~r~ltorlal JUriSdiction or .IS likely to be located within a municipality's extraterntonal JUriSdiction, contact all municipalities located in the general proximity of the Property. for further information. (6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice required by 913.257, Water Code: The real property, described in Paragraph 2, that you are about to purchase may be located in a certificated water or sewer service area which is authorized by law to provide water or sewer service to the properties in th~ certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There maybe a period required to construct lines or other 'facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned Buyer hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of .the real property described in Paragraph 2 or at closing of purchase of the real property. (7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, 95.014, Property Code, requires Seller to notify Buyer as follows: As a purchaser of this parcel of real property you are obligated to pay an assessment to a municipality or county for an improvement project undertaken by a public improvement district under Chapter 372, Local Government Code. The assessment may be due annually or in periodic installments. More information concerning the amount of the assessment and the due dates of that assessment may be obtained from the municipality or county levying the assessment. The amount of the assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of your property. (8) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT: The Property 0 is II is not located in a Texas Agricultural Development District. For additional information, contact the Texas Department of Agriculture, 7. PROPERTY CONDITION: A. ACCESS,INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access to the Property at reasonable, times. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Seller at Seller's expense shall turn on existing utilities for inspections. NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy Buyer's needs. B. ACCEPTANCE OF PROPERTY CONDITION: Buyer accepts the Property in its present condition; provided Seller, at Seller's expense, shall complete the following: 'AS IS" C. COMPLETION OF REPAIRS: Unless otherwise agreed in writing, Seller shall complete all agreed repairs prior to the Closing Date. All required permits must be obtained, and repairs must be performed by persons who are licensed or otherwise permitted by law to provide such repairs. At Buyer's election, any transferable warranties received by. Seller with respect to the repa!rs will be transferred to Buyer at Buyer's expense. If Seller falls to complete any agreed repairs prior to the Closing Date, Buyer may do sa and ~eceive rei~bursement from ~eller at closing. The Closing Date will be extended up to 15 days, If necessary, to complete repairs. D. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or' other environmental hazards, or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used. E. SELLER'S DISCLOSURES: Except as otherwise disclosed in this contract, Seller has no knowledge, of the following: (1) any flooding of the Property; (2) any pending or threatened litigation, condemnation, or special assessment affecting the Property; '. (3) any environmental hazards or conditions affecting the Property; (4) any dumpsite, landfill, or underground tanks or containers now or previously located on the Property; (5) any wetlands, as defined by federal.or state law or. regulatio~, affecting the Property; or (6) any threat,ened or endangered species or theIr habitat affecting the Property. 8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. 9. CLOSING: 45 days from effective date . . A. The closing of the sale will be on or before . .' 20_, or within 7 days after objections made under Paragraph 60 have been cured or waived, whichever date is later In itialed for identification by Buyer TREC NO. 9-6 and Seller Contract Concerning Outlot 2. Outblock 30 . Port 0 I Connor Outlots & 1.0 ac .p~~fllc?r~d O~~~-06 (Address of Property) (Closing Date). . If either party fails to close the sale by the Closing Date, the non-defaulting party may exercise the remedies contained in Paragraph 15. B. At closing: (l)Seller shall execute and d~l!ver a g~neral warranty deed conveying title to the Property to Buyer and shOWing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates showing no delinquent taxes on the Property. (2)Buyer shall pay the Sales Price in good funds acceptable to the escrow agent. (3)Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents and other documents required of them by this contract, the Commitment or law necessary for the closing of the sale and the issuance of the Title Policy. . C. Unless expressly prohibited by written agreement Seller may continue to show the Property and receive, negotiate and accept back up offers. ' D. All covenants, representations and warranties in this contract survive closing. 10. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required condition upon closing and funding. 11.SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules prohibit licensees from adding factual statements or business details for which a contract addendum or other form has been promulgated by TREC for mandatory use.) Buyer will agree to the attached Addendum. This Contract is for the sale of the SURFACE ESTATE ONLY, with Seller: retaining the mineral estate but waiving the right to use the surface for development of the minerals. 12.SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid at or prior to closing: (1) Expenses payable by Seller (Seller's Expenses): (a)Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses payable by Seller under this contract. (b)Seller shall also pay an amount not to exceed $ -0- . to be applied in the following order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA, Texas Veterans Housing Assistance Program. or other governmental loan programs, and then to other Buyer's Expenses as al.lowed by the lender. (2) Expenses payable by Buyer (Buyer's Expenses): (a)Loan origination, discount, buy-down, and commitment fees (Loan Fees). (b)Appraisal fees; loan application fees; credit reports; preparation of loan. documents; interest on the notes from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of easements and restrictions; mortgagee title policy with endorsements required by lender; loan-related inspection fees; photos; amortization schedules; one-half of escrow fe~; all prepaid items, including r~quired premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and special governmerital assessments; final compliance inspection; courier fee; repair inspection; underwriting fee; wire transfer fee; expenses incident to any loan; and other expenses payable by Buyer under this contract. B. Buyer shall pay Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as required by the lender. C. If any expense exceeds an amount expressly stated in this contract for such expense to be paid by a party, that party may terminate this contract unless the other party agrees to pay such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas Veterans Housing Assistance Program or other governmental loan program regulations. Initialed for identification by Buyer and Seller TREC NO. 9-6 Contract Concerning Outlot 2. Outblock 30. Port 0' Connor' Outlots & 1.0 ac. Pa~~l~gN ~~-06 (Address of Property) 13. PRORATIONS AND ROLLBACK TAXES:;, A. PRORATroN~: Taxes for the currene year, interest, maintenance fees, assessments, dues an~ re~ts will ~e pr~rated through the; Closing Date. The tax proration may be calculated taking Into conSideration any change in exemptions that will affect the current year's taxes. If taxes for ~he current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or prior to closing, Buyer shall pay taxes for the current year. B. .ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes, pen,alties or interest (Assessments) for periods prior to closing, the As~essments will be the ~bllgatlon of Buyer. If Seller's change in use of the Property prior to clOSing or denial o~ a special use val,uation on the Property claimed by Seller results in Ass~ssr:nent~ for periods prior to closing, the Assessments will be the obligation of Seller. ObligatIOns Imposed by this paragraph will survive closing. 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the effective date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in anYiievent by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) acc~pt the Property in its damaged condition with an assignment of insurance proceeds and receive credit from Seller at closing in the amount of the deductible under the insurance policy. Seller's obligations under this paragraph are independent of any other obligations of Seller under this: contract. 15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as maybe provided by law, or both; or (b) terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. If, due to factors beyond Seller's control, Seller fails within the time allowed to make any non-casualty repairs or deliver the Commitment, or survey, if required of Seller, Buyer may (a) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (b) terminate this contract as the sole remedy and receive the earnest money. If Seller fails to comply with this contract for a,ny other reason, Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby releasing both parties from this contract. 16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion ilwillDwill not be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 17. ATTORNEY'S FEES: The prevailing party in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees and all costs of such proceeding incurred by the prevailing party. 18. ESCROW: ' A. ESCROW: The escrow agent is not (i) a party to this contract and does not have liability for the performance or nonperformance of any party to this contract, (ii) liable for interest on the earnest money and (iii) liable for the loss of any earnest money caused by the failure of any financial institution; in which the earne'st money has been deposited unless the financial institution is acting as escrow agent. B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment, then to Buyer's Expenses and any excess refunded to Buyer. If no closing occurs, escrow agent may require payment of unpaid;, expenses incurred on behalf of the parties and a written release of liability of escrow agent from all parties. C. DEMAND: Upon termination of this contract, either party or the escrow agent may send a release of earnest money to each party and the parties shall execute counterparts of the release and deliver same to the escrow agent. If either party fails to execute the release, ; either party may make a written demand to the escrow agent for the earnest money. If only one party makes written demand for the ,earnest money, escrow agent shall promptly provide a copy of the demand to the other party. If escrow agent does not receive written objection to the demand from the other party within 15 days, escrow agent may disburse the earnest money to the party making demand reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the same to the creditors. If escrow agent complies with the provisions of this paragraph, each party hereby releases escrow agent from all adverse claims related to the disbursal of the earnest money. Initialed for identification by Buyer and Seller TREC NO. 9-6 J railroad ROW Contract Concerning Outlot. 2. Outblock 30. Port 0' Connor Outlots & 1.0 ac .Page 6 of 8 02-13-06 (Address of Property) D. DAMAGES:, Any party who wrongfully fails or refuses to sign a release acceptable to the escrow agent within 7 days of receipt of the request will be liable to the other party for liquidated damages of three times the amount of the earnest money. E. NOTICES: Escrow agent's notices wiH be effective when sent in compliance with Paragraph 21. Notice of objection to the demand will be deemed effective upon receipt by escrow agent. 'I 19. REPRESENTATIONS: Seller represents t(1atas of the Closing Date (a) there will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing payment of any loans assumed by Buyer and (b) assumed loans will not be in default. If any representation of Seller in this contract is untrue on the Closing Date, Seller will be in default. . 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by applicable law, or if Seller fails to deliver an affidavit to Buyer that Seller is not a "foreign person," then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with .appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction. . 21. NOTICES: All notices from one party to the other must be in writing and are effective when . mailed to, hand-delivered at, or transmitted by facsimile or electronic transmission as follows: To Buyer at: Kenneth Finster To Seller at: Stofer Limited Partnership c/o James N. Stofer P.O. Box 1 77 Seadrift, Texas 77983 P.O. Box 1969 Victoria, Texas 77902 Telephone: (161 ) 78') 1141 Facsimile: (361) 785-5602 E~mail: Telephone: (361) 573-9191 Facsimile: ( 361) 573-5288 E~mail: 22. AGREEMENT OF PARTIES: This contract contains the cannot be changed except by their writte'n agreement. contract are (check all applicable boxes):' o Third Party Financing Condition Addendum entire agreement of the parties and Addenda which are a part of this o Seller Financing Addendum o Environmental Assessment, Threatened or Endangered Species and Wetlands Addendum IXI Addendum for Coastal Area Property o o Loan Assumption Addendum Addendum for Property Located Seaward of the Gulf Intracoastal Waterway o Addendum for Release of Liability on Assumption of FHA, VA, or Conventional Loan Restoration of Seller's Entitlement for VA Guaranteed Loan o Addendum for Property Subject to Mandatory Membership in an Owners' Association o Addendum for Sale of Other Property by Buyer o Addendum for "Back-Up" Contract IJI Other (list): MUD Notice Initialed for identification by Buyer and Seller TREC NO. 9-6 Contract Concerning Outlot 2, Outblock 3,:Port O'Connor Outlots & 1.0 ac.r~~~rfgl~ ~~13-06 (Address of Property) 23. TERMINATION OPTION: For nominal consideration, the receipt of which is hereby a~knowledged by Seller, and Buyer's agreement to pay Seller $ (Option Fee) Within 2 days after the effective date of this contract, Seller grants Buyer the unrestricted right to terminate this contract by giving notice of termination to Seller within days after the effective date of this contract. . If no dollar amount is stated as the Option Fee or if Buyer fails to pay the Option Fee within the time prescribed, this paragraph will not be a part of this contract and Buyer shall not have the unrestricted right to terminate this contract. If Buyer gives notice of termination within the time prescribed, the Option Fee will not be refunded; however, any earnest money will be refunded to Buyer. The Option Fee Owill Owill not be credited .to the Sales Price at closing. Time is of the essence for ,this paragraph and strict compliance with the time for performance is required. 24. CONSULT AN ATTORNEY: Real estate licensees cannot give legal advice.. READ THIS CONTRACT CAREFULLY. If you do not understand the effect of this contract, consult an attorney BEFORE signing. . . Buyer's Attorney is: Shannon Sayler Seller's Attorney is: James N. Stofer P.o. Box 1001, Port Lavaca, TX 77979 P.O. Box 1969, Victoria, TX77902 Telephone: (1(;n ')')1-4422 Telephone: (360573-9191 Facsimile: Facsimile: (361)573-5288 E-mail: E-mail: EXECUTED the day of (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) ; 20_ (EFFECTIVE DATE). ~<r'hiP Seller James N. Stofer, General Partner Wells Fargo, Trustee of Day i. McNeel Jr and Mary Austin McNeel Trust ~ Kenneth Finster, County CommissionelSeller County of Calhoun by Commissionersll Court by: IDonK Mike Pfeif er, County Judge 't by: Vance Mitchell, Trust Asset Administ ator Neil Fritsch County Commissioner Ro er Galvan, Count Commissioner The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512) 459~6544 (http://www.trec.state.tx.us)TRECNO.9-6.This form replaces TREC NO. 9-5. TREC NO. 9-6 Vernon Lyssy , County Commissioner 1 railroad ROW Contract Concerning Out ot 2, Outblock 30, Port 0' Connor Outlots & 1.0 ac. Page 8 of 8 02-13-06 (Address of Property) BROKER INFORMATION AND RATIFICATION OF FEE Listing Broker has agreed to pay Other Broker of the total sales price when Listing Broker's fee is received. Escrow Agent is authorized and directed to pay Other Broker from Listing Broker's fee at closing. Other Broker License No. Listing Broker License No. represents 0 Buyer only as Buyer's agent o Seller as Listing Broker's subagent represents 0 Seller and Buyer as an intermediary o Seller only as Seller's agent Associate Telephone Listing Associate Telephone Broker's Address Listing Associate's Office Address Facsimile City State Zip City State Zip Facsimile Email Address Email Address Selling Associate Telephone Selling Associate's Office Address Facsimile City State Zip Email Address OPTION FEE RECEIPT Receipt of $ (Option Fee) in the form of is acknowledged. Date Seller or Listing Broker CONTRACT AND EARNEST MONEY RECEIPT Receipt of DContract and 0$ is acknowledged. Escrow Agent: Earnest Money in the form of Date: By: Email Address Telephone (_) Address Facsimile :(_) City State Zip TREe NO. 9-6 ADDENDUM TO UNIMPROVED PROPERTY CONTRACT Additional Provisions and Modifications to Contract 1. The conveyance instrument will be,a SPECIAL WARRANTY DEED. 2. As a material part of the consideration for this Contract, Seller and Buyer agree that the sale of the Property will be "AS IS" in its current condition, with Buyer taking the Property with any and all latent and patent defects and that there is no warranty or representation that the Property is fitfor a particular purpose. Buyer understands and agrees that Seller, its agents or brokers, have no specialized expertise or knowledge with regard to the Property, and that any representations made herein, otherwise in writing by Seller, its agents or brokers, or verbally by Seller, its agents or brokers, may be opinion, conjecture, or simply mere possibilities. Buyer agrees and a,cknowledges, that in purchasing the Property, that Buyer is not relying upon any representation, statement, or other assertion with respect to the condition of the Property, but is relying upon Buyer's own examination of the Property. Seller and Buyer agree that Buyer will have access to the Property to inspect the Property at Buyer's expense. Seller and Buyer,i agree 'that in purchasing the 'Property, Buyer shall take the Property under the express understanding that there are no express or implied warranties (except for limited warranties of title as set forth in the deed)~ Buyer agrees to reaffirm the above statements by signing a statement to that effect at the closing of the sale of the Property.and all provisions of this paragraph shall survive that closing. As a material part of the consideration for this Contract, Seller and Buyer agree that Buyer, following closing, shall assume the risk that ,the Property may contain - I - .;> hazardous substances and that adverse physical conditions, including but not limited to the presence of hazardous substances or the presence of unknown abandoned oil " and gas wells, water wells, sumps, and pipelines may not have been revealed by Buyer's investigation. After closing, all responsibility and liability related to all hazardous substances and adverse physical conditions on the property, w:hether known or unknown, is transferred from Seller to Buyer. At closing, Buyer agrees to indemnify, exonerate, protect, defend and hold harmless Seller, and its agents, directors, officers, shareholders, employees, partners, servants; consultants, legal representatives, heirs, successors, and assigns (all of whom are referred to herein as "lndemnitees") from and against all Environmental Claims (as hereinafter defined) which may be asserted against lndemnitees after the closing regarding the Property, regardless of whether any claims or causes or action relating thereto should be asserted in common law or under statute and/or regardless of whether such claims are founded, in whole or in part upon the strict liability or negligence of Seller. Buyer shall assume all liability, and lndemnitees shall have no responsibility and provide no indemnity for Environmental. Claims, and Buyer shall indemnify lndemnitees from and against any and all Environmental Claims for damages, including, without limitation, punitive damages, penalties, fines, clean-up, containment, remedial, removal, or restoration costs, whether such costs . or responses are incurred by the federal government, state government, or others, and all other costs (including any costs incurred to enforce this indemnity). - 2 - As utilized in the immediately preceding paragraph, the following terms shall be defined and shall have the meaninqs as set forth below: "Environmental Claim" means ffi,1y known or unknown third party (including private parties, governmental agencies, and employees) action, law suit, claim or proceeding which seeks to impos~ liability for hazardous substances or adverse physical conditions related to the Pr,operty, including, but not limited to (i) pollution or contamination of the air, surface water, groundwater or land; (ii) exposure to hazardous substances (iii) solid, gaseous or liquid hazard substance or waste generation, or the handling, treatment, storage, disposal or transportation thereof; or (iv) non-compliance with any environmental law, or regulation promulgated by any federal, state, local, regulatory or administrative agency, board or authority including but not limited to compliance with the Clean Air Act, the Clean Water' Act, the Resource conservation Act, the Comprehensive Environmental Response Compensation and Liability Act, and the Toxic Substance Control Act. "Hazardous Substance" means any hazardous or toxic substance, materials or wastes listed in the United States Department of Transportation Hazardous Material Table (49 C.P.R. 172.101) or by the Environmental Protection Agency as hazardous substances(40 C.F.R. Part 302)artd amendments thereto, or such substances, materials, and wastes which are or become regulated under any applicable local, state, or federal law including, without limitation, any material, waste or substance which is: (i) petroleum; (ii) asbestos; (iii) polychlorinated biphenyls; (iv) designated - 3 - as a "hazardous substance" pursJant to Section 311 of the Clean Water Act 33 V.S.C. S 1251 et seq. (33 V.S.c. S 1321) or listed pursuant .to Section 307 of the Clean Water Act (33 U.S.c. S 1371); (v) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Con~ervation and Recovery Act, 42 U.S.C. S 6901 et seq. (42 U.S.C. S 6903); or (vi) 4efined as a "hazardous substance" pursuant to Section 10 1 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. S 9601 et seq. (42 V.S.c. S 9601). Buyer agrees to reaffirm the above statements by signing a statement to that effect at the closing of the sale of the Property and all provisions of the above paragraphs shall survive the closing. 3. Proration of Taxes will be based upon taxes for the prevIOus year, with no adjustments when tax statements forthe current year are available. SELLER: BUYER: Stofer Limited Partnership Calhoun County, 11 Local County Government By: Calhoun County Court Wells Fargo Bank, Trustee of the Day P. McNeel, Jr. Trust and the Mary Austin McNeel Trust Kenneth Finster, County Commissioner - 4- ........-~ t: - 5 - Roger Galvan, County Commissioner Vernon Lyssy, County Commissioner ., AFFILIATION AGREEMENT BETWEEN EMS AND WHARTON JUNIOR COLLEGE FOR FIELD INTERNSHIP: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the Affiliation Agreement between EMS and Wharton Junior College for Field Internship. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 1... 'It,' ..,..... ..,:.~' STATE OF TEXAS KNOW ALL MEN BY THESE PRESENT: CITY OF WHARTON AFFILIATION AGREEMENT TIDS AGREEMENT, is executed on, this 1st day of January 2009, entered into by and between the WHARTON COUNTY JUNIOR COLLEGE ("College"), and Calhoun County EMS, a body corporate and politic acting herein by and through Calhoun County EMS ("County"). WITNESSETH: 11 - -- THAT WlIEREAS, the County owns "and operates a department known as'Calhoun County, Emergency Medical Services ("EMS"); and Whereas, the parties agree that it would be to their mutual advantage and in their mutual best interest for students of the College to have the opportunity to utilize the facilities of the County's Emergency Medical Services Department ("Facilities"); NOW, THEREFORE, in considerati9n of the mutual promises herein contained, the parties hereby agree as follows: (1) (2) (3) (4) The County will permit students of the College to practice Emergency Medical Technology under the direct supervision and responsibility of the faculty of the College. Individual faculty mePtbers will, in turn, be responsible to the Emergency Medical Service Director, Preceptor, Supervisor, or Crew Perso~ designated by the Emergency Medical Services for the County for the Emergency Medical Technology activities of the students. A faculty member/instructor from the College will be available on call. The number, assignment to and distribution of students between the divisions of the.EMS.wiU be mutualJy.,agr~(tupcn between the College and the County at the beginning of each semester. Assignments shall occur during regular College academic sessions, except in the instance of special arrangemen~ such as for workshop participants, and as agreed upon by the County. The College will provide the County with the names of the students who are " entitled to use the resources of the Facilities under the terms of this agreement. (5) The College will not discriminate against any applicant for enrollment in its " course of study because of race, color, creed, national origin, or any other basis. '. . .' ~. ,";. ~f".. (6) The College shall instruct all students and faculty members in the legal aspects of confidentiality. All students and faculty members shall respect the confidentiality nature of all information which may come to them with respect to the patient, hospital, and county records, to the extent prescribed by law. (7) Representatives of the College and the County shall meet as often as necessary to study the Emergency Medical Technology program and terms of this agreement and make such suggestions and changes as are needed. " (8) The College will arrange for liability and malpractice insurance coverage acceptable to the County for its facility members and students assigned to the Facilities. The College will provide the County with a copy of all policies. . . . (9)_ Itjs understood betwee-1J, the p~es that under no circumstances is any member of the College's student body or faculty or staff member to be considered an agent, servant and/or employee of the County. (10) College personnel, facility, and students will be subject to the rules and regulations established by the County for the division of the EMS to which they are assigned: (a) The County will charg~ the College no fees for Emergency Medical Technology practice opportunity afforded students; (b) Students will be responsible for their own meals, laundry, and transportation to and fr()m the Facilities; and (c) The County will not be, charged for services performed by the College's personnel, facility, and/or students. Students and facility members shall not be deemed to be employees, agents or servant of the County, and shall not be entitled to any of the' privileges or benefits of County employment. (11) The salaries and expenses of any instructor, supervisor, or other employees of the CoUege.willbe paid~bY4he.Co~~ege.-The College.agreesthat members of its facility will serve as consultantS and on cotrlmittees of the County when requested by the County and mutually agreed upon by the College and the County. (12) The County further agrees as follows: a) To maintain the criteria.for accreditation as established by the JointeReview Committee on education in Emergency Medical Technology, or other appropriate accrediting agencies; b.) To provide the College the necessary space or facilities for conferences and classroom areas or student teaching, as available; I~ ..!l- c.) To provide lounge and locker space for students, as available; d.) To allow students and faculty members of the College to utilize the County's eating facilities at the students' and faculty's sole expense; and e.) To planjointly with all,programs involved, when the resources are utilized as a clinical laboratory by groups other than the College. ,~ This Agreement shall remain in effect for a term beginning January 1,2009 and ending at midnight on December 31, 2009 unless otherwise terminated as provided herein. Either party may terminate this Agreement ~thout cause upon thirty (30) days written notice to the other party. Notice sball be given by registered or certified mail, return receipt requested, tQthe otherparty a! the addres~s set out below: Calhoun County EMS 216 Mahan St. Port Lavaca, Texas 77979 Attention: Henry Barber, EMS Director Wharton County Junior College 911 Boling Highway Wharton, TX 77488 Attention: Maggie Mejorado i i -:,... ... i' ,~ EXECUTED by the parties on the dates indicated, but effective January 1,2009. /" CALHOUN COUNTY EMS By: ~l Henry ~ r Calhoun County EMS Director Date:_ f(I'<&~ OR COLLEGE By. Dale inson, VP of Workforce Development, Continuing Education, and Distance Learning Date: BRANCH BfA PRODUCER NUMBER DATE OF ISSUE PRIOR CERTIFICATE NUMBER 23 0001878 . 9/12/2008 AHC 2000932 SPECIFIED MEDICAL PROFESSIONAL LIABILITY OCCURRENCE INSURANCE POLICY OFFERED THROUGH THE ALLIED HEALTH PURCHASING GROUP ASSOCIATION PURCHASING GROUP POLICY NUMBER: 44-2010129 Item DECLARATIONS CERTIFICATE NUMBER AHC- 2000932 1. Named Insured STUDENTS OF WHARTON COUNTY JUNIOR COLLEGE 2. MAILING ADDRESS 911 BOLING HIGHWAY WHARTON, TEXAS 77488 3. Pbll9y~riod:. 12:01 A.M. Standard Time From: 9/1/2008 . To: 9/112009 Location of Designated Premises 4. The insurance afforded is only with respect to such of the following types of insurance as indicted by specific premium charge or charges: COVERAGE PREMIUM A. Professional Liability XJ $4,495.00 B. Geneial Liability 0 Endorsement(s) 0 TOTAL PREMIUM: $4495.00 5. LIMITS OF LIABILITY $ each Incident $ In the Aggregate 1,000,000 or Occurrence 3,000,000 6. Deductible (if $ each Incident applicable ): or Occurrence 7. The Named Insured is: o Sole Proprietor (including Individual) o Partnership o Corporation xD Other: f"\t;' 'HI II II 8. Business or Occupation of the Named Insured: - ..-.=---" "s. "'11t N :'\ OF SCHOOL SEE ENDORSEMENT PLE-2157" 9. The policy is made and accepted subject to the printed conditions of this policy together with the provisions, stipulations and agreements contained in the following form(s) or endorsement(s): THIS IS A MEDICAL , PLJ-2025, PLE-2081, PON-2003 PROFESSIONAL lIABILITY POLICY ONLY PLE-2157, Loss Control Notice CHICAGO INSURANCE COMPANY 33 WEST MONROE STR~ET, CHICAGO, ILLINOIS 60603 REPRESENTATIVE: Agent or Broker: . Bill Beatty Ins. Agency, Inc. Office Address: . 1202 Richardson Dr., Ste 100 Town and State: . Richardson, TX 75080 '0"'" A"l_li~"R - , PLP-2025 (01/95b) (Ed. 09107) ***Insured's copy*** ......~ :'1!i.>' RESOLUTION TO ALLOW CCISD TO JOIN CALHOUN COUNTY IN PUBLIC ASSISTANCE THROUGH FEMA UNDER HURRICANE IKE DR1791: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to adopt the Resolution to allow CCISD to join Calhoun County in Public Assistance through FEMA under Hurricane Ike DR1791. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. '/ "i< RESOLUTION Whereas; Calhoun County Independent School District (ISD) and Calhoun County (County) have established similar progratps of comprehensive emergency management which includes the mitigation, preparedness response and recovery phases of emergency management; and Whereas, the ISD and County fmd that vUlnerability to many potential hazards is shared by residents of Calhoun County Independent School District and Calhoun County; and Whereas, the ISD and County further find that the common goal of emergency management can best be achieved through the ISD joining the County as a single recipient under an "umbrella" agreement as stipulated herein; Whereas, the State of Texas Public Assi~ce Officer, after discussion with Mr. Greg Bosko, supports an ''umbrella'' agreement:between the County and ISD. Therefore, be it Resolved, that the ISD shall receive from Calhoun County funds based on final disposition of the Calhoun CountY ISD FEMA Project Worksheet; and Be it Further Resolved, that records suppbrting the costs shall be located in the office of the County. Resolved this the 1- Y day of Yl/1l'0u /t..-, 2008. ATTEST: ft.A"t16;f~~ County Judge, llio C ty .Pd~ Finance Director, Calhoun County ISD ~~~~ Calhoun County County Clerk CONTRACT WITH RAIN SEAL MASTER ROOFING FOR THE 2008 CALHOUN COUNTY RE-ROOFS AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Judge Pfeifer and seconded by Commissioner Galvan to approve the Contract with Rain Seal Master Roofing for the 2008 Calhoun County Re-roofs and authorize " Judge Pfeifer to sign contract. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ~~J J~'~fJ}I(~~:7i:]W\l1!;PI PI AGREEMENT BETWEEN OWNER AND c~Ni~~~~/ '0&;/ ~i\l~J;#~ THIS AGREEMENT is dated as of the 13th day of Novernber in the year 2008, by and between the CALHOUN COUNTY (hereinafter called OWNER) and RAIN SEAL MASTER ROOFING & SHEET METAL, INC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: '(H THE WORK: CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2008 CALHOUN COUNTY REROOFS .02 ENGINEER: The Project has been designed by G & W Engineers, Inc., 205 West Live Oak, Port Lavaca, Texas, 77979, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. .03 CONTRACT TIMES: a. Calendar Days The Work shall be complete 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 commence to run. b. Rain Days CONTRACTOR may be allowed an adjustment to the CONTRACT Times for "rain days", which are defined as follows. 1. Any day(s) in which rainfall occurs prior to 12:00 p.m. (noon), of such quantity that, in the opinion of OWNER's representative, would prevent a safe working environment for CONTRACTOR at the construction site, 2. Any day(s) following the above described "rain day(s)" in which the condition of the construction site, in the opinion of OWNER's representative, is not conducive to providing CONTRACTOR with a safe working environment at the site. 00500-1 AGREEMENT BETWEEN OWNER AND CONTRACTOR 2008 Calhoun County Reroofs - (Job # 5310.001) I '" ~. OWNER shall only consider an adjustment in Contract Times if CONTRACTOR submits a written request for "rain days" to OWNER's representative for review, by 10:00 a.m. on the Monday following the week in which the day(s) occurred. Failure to submit such. a ~ritten request shall be a representation by CONTRACTOR that additional days are not warranted. OWNER's representative shall review all requests when submitted and will have final on site determination for "rain days". Disagreements between CONTRACTOR and OWNER's representative shall be submitted to OWNER. c. Liquidated Damages OWNER and CONTRACTOR recognize .that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph .03.a above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that, as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER FOUR HUNDRED DOLLARS ($400.00) for each day that expires after the time specified in paragraph .03.a. CONTRACTOR hereby agrees that said sum per day is a fair estimate of the pecuniary damages which'will be sustained by OWNER in the event that the Work is not complete within the agreed time, or within extensions of time properly granted in accordance with the Contract Documents. Said sum shall be considered as liquidated damages only and not a penalty, said damage being caused by loss of timely use of the Work other injury difficult to quantify. For purposes of applying this liquidated damages clause, the CONTRACTOR agrees to waive as against the OWNER any defense to enforcement of said clause based on any of the following claims: (1) that the clause is a penalty; (2) that the daily amount stated in the clause is not a reasonable estimate and approximation as of the time of contracting of OWNER's actual damages; (3) that the damages caused to OWNER by reason of delay were not difficult to estimate at the time of contracting. .04 CONTRACT PRICE: OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as per CONTRACTOR's proposal which forms a part of this contract. In no event shall the amounts payable pursuant to this Contract exceed $164,148.00 plus the amount of any duly authorized change orders or contract amendments executed by OWNER. 00500-2 AGREEMENT BETWEEN OWNER AND CONTRACTOR 2008 Calhoun County Reroofs. (Job # 5310.001) .05 PAYMENT PROCEDURE: CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions unless otherwise amended by the Contract Documents. Applications for Payment shall also include all required documentation indicated in Division 1 - General Requirements, Section 01025 of these Specifications. ENGINEER shall process Applications as provided in the General Conditions. a. Progress Payments OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER and as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Article 2 of the General Conditions. 1. Progress payments will be in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold in accordance with Paragraph 14.02.B.5 of the General Conditions. A. 90% of the Work completed (with the balance being retainage) B. 90% (with the balance being retain age) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in Paragraph 14.02.A.1 ofthe General Conditions). 2. Request for Payments All requests for payments shall be divided into materials costs and labor/equipment costs. All requests for material payment shall be accompanied by CONTRACTOR's paid invoice for the material in accordance with Article 14.02.A.l of the General Conditions. b. Final Payment Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph. 00500-3 AGREEMENT BETWEEN OWNER AND CONTRACTOR 2008 Calhoun County Reroofs. (Job # 5310,00,1 '~ .06 CONTRACTOR's REPRESENTATIONS: -, -, 1 } :~ In order to induce OWNER to enter, into this Agreement, CONTRACTOR makes the following representations: a. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 7 herein) and the other related data identified in the Bidding Documents inc1uding"technical data." b. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. c, CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. d. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical . conditions in or relating to existing surface or subsurface structures' at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in the Supplementary Conditions to the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.02.A of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data conceming conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or fumishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 00500-4 AGREEMENT BETWEEN OWNER AND CONTRACTOR 2008 Calhoun County Reroofs - (Job # 5310,00] e. CONTRACTOR is aware of the general nature of the Work to be performed by , OWNER and others at the site that relates to the Work as indicated in the Contract Documents. f. CONTRACTOR has correlated the information known to CONTRACTOR, 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. g. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing and performing of the Work. .07 CONTRACT DOCUMENTS: The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: a: This Agreement. b. Exhibits to this Agreement. c. CONTRACTOR's Proposal. d. Performance, Payment and other Bonds. e. Notice of Award. f. Notice to Proceed. g. General Conditions. h. Supplementary Conditions. 1. Technical Specifications. J. Drawings numbered & titled for the different areas of work as indicated below: SHEET NO. DATE DESCRlPTION 10/02/08 ROOFING/SIDING PLANS & CONSTRUCTION NOTES k. Addendum numbers One (1) to One (1) inclusive 00500-5 AGREEMENT BETWEEN OW"iER AND CONTRACTOR 2008 Calhoun County Reroofs - (Job # 5310.001 l 1. The following of which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Paragraph 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed in accordance with the appropriate provisions of Article 3 of the General Conditions. .08 M][SCELLANEOUS: a. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. S H b. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. c. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. d. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon 0 WNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 00500-6 AGREEMENT BETWEEN OWNER AND CONTRACTOR 2008 Calhoun COllnly Reroofs - (Job # 5310,001 I..; I ~: IN WITNESS \VHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. ,:1 ~ This AGREEMENT shall be effective as of the _ day of ,20 . j ;j . ~ n ~J OWNER: CALHOUN COUNTY ;] ..! l !~;! BY: Michael 1. Pfeifer, County Judge u, ATTEST: :, ,;'j .,J I), ADDRESS: 211 S. Ann Port Lavaca, Texas 77979 ~\' (361) 553-4600 (361) 553-4444 ~' r.\ ~i. ~.! PHONE: ,. ~. !~~ FAX: ~j .i;,' 18';.' ' :;" ?\ r"~1 ' -:i', i'~ ~ , ~~L : r:: , ~.",,' , ~: ! ~:T;' ~ .. -. ~ · fl Bl r}~1 >:) i:;t" ,,' L ~ fIr CONTRACTOR: RAIN SEAL MASTER ROOFING & SHEET METAL, INC. r(v . .) < BY:.j , ~~:,' lO'lU0'U ~, 1. Ramon Lozano, Sr., President , /1' A 1TE*~ lJ{IlIffiJ(j ADDRESS: 2306 Port Lavaca Dr. Victoria, Texas 77901 PHONE: (361) 576-0926 FAX: (361) 485-9393 END OF DOCUMENT 00500-7 ~:-.:: . H', ~ AGREEMENT BETWEEN OWNER AND CONTRACTOR 2008 Calhoun County Reroofs. (Job # 5310,001 , , ,2 PerrfoIrmance Bond BOND NUMBER TX568309 '. Any singular reference to Contractor. Surety, Owner or otber party shall be considered plural where applicable. CONTRACTOR (Name and Address): RAIN SEAL MASTER ROOFING & SHEET METAL INC' 2306 PORT LAVACA DRIVE VICTORIA, TX 77901 OWNER (Name and Address): CALHOUN COUNTY 211 SOUTH ANN ST SUITE 301 PORT LAVACA, TX 77979 CONTRACT Date: 11-14-2008 Amount: $164,148 Description (Name and Location): 2008 CALHOUN COUNTY RE-ROOFS - 211 SOUTH ANN ST SUITE 301 PORT LAVACA, TX 77979 ,. i' BOND Date (Not earlier than Contract Date): 11-14-2008 Amount: $164,148 ModifICations to this Bond Form: i ; .1 SURETY (Name and Address of PrincipallPlace of Business): MERCHANTS BONDING COMPANY 2100 FLEUR DRIVE DES MOINES, IA 50321 LIBRARY & AIRPORT HANGER FACILITY Surety and Contractor, intending to be legally bound hereby. subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) RAIN SE . ER ROOFI~G & SHEET.J~.1,ETAL INC Signarure: r (\.Q' ,,~~;. Name and RAMON LOZANO SR- PRESIDENT SURETY Company: MERCHANTS Signarure: Name arid Title Y BURTTSCHELL-ATTORNEY-IN.-FACT (Attach Power of Attorney) (Corp. Seal) (Space is provided below for signarures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signarure: Name and Title: SURETY Company: (Corp. Seal) Signarure: Name and Title: EJCDC No. 1910-28-A (1996 Edition) . . Originally prepared through the joint effons of the Surety Aswciation of America, Engineers Joint Conu-acl Documents Committee, the Associated General Conrractors of AmeriC<!, and the American Institute of Architects, . t'l:::,-~ d 006 I 0- I Ii r v.: t~~, Payment Bond BOND NUMBER Any singular reference to Contractor, Surety, Owner or other party shall be coDSidered plural where applicable. TX568309 CONTRACTOR (Name and Address): RAIN SEAL MASTER ROOFING & SHEET METAL INC 2306 PORT LAVACA DRIVE VICTORIA, TX 77901 OWNER (Name and Address): CALHOUN COUNTY 211 SOUTH ANN ST SUITE 301 PORT LAVACA, TX 77979 CONTRACT Date: 11-14-2008 Amount: $164,148 Description (Name and Location): 2008 CALHOUN COUNTY RE-ROOFS-LIBRARY 211 SOUTH ANN ST SUITE 301 PORT LAVACA, TX 77979 SURETY (Name and Address of Principal Place of Business): MERCHANTS BONDING COMPANY 2100 FLEUR DRIVE DES MOINES, IA 50321 & AIRPORT HANGER FACILITY BOND Date (Not earlier than Contract Date): 11-14-2008 Amount: $164 , 148 Modificatiol1.S to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Com~an{ fCorn. Seali :~arureE~ ~~J~~~NL~ I~~~: .~> Name and Title: J RAMON LOZANO SR-PRESIDENT INC SURETY Company: MERCHAN~~ COMPANY Signature: ,\q.!sJ4Y Name and Title: Y BURTTSCHELL (Attach Power of At1orney) (Corp. Seal) ATTORNEY-IN-~ACT (Space is provided below for signarures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: (CoIll. Seal) SURETY Company: (Cow Seal) Signature: Name and Title: Signature: Name and Title: EJCDC No. 191O-28-B (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Corrunittee, me Associated General ConU'3ctors of America, the Americ;!n Institule of Architects. the Americ;!n Subcontractors Association. and the Associated Specialty Contractors, 00620-1 -, . :~ ~c : POWER OF ATTORNEY Merchants Bonding Company (Mutual) Nations Bonding Company Bond No.. TX568309 KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a carporatian duly arganized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corparation duly organized under the laws af the State of Texas (herein callectively called the "Campanies"), and that the Campanies do. hereby make, canstitute and appaint Rene Goforth, Jeanie Tenberg, Kay Burttschell and/or Michele Parma af . Victoria and Stal~ Qf. Texas their true and lawful Allarney-in-Fact, wilh full pawer and authorily hereby conferred in their :name, place"and stead, to. sign, execute, acknawledge and deliver in their behalf as surety any and all'bands, undertakings, recognizances"orother written abligations in the nature thereaf, subject to. the limitatian Ihat any such instrument shall nat exceed [he amaunl af: ' ONE MI,LLION FIVE HUNDRED THOUSAND ($1,500,000.00) DOLLARS , . , . and to. bind ,the Campanies thereby as fully and to. Ihe sameexlent as if such band or undertaking was signed by the duly autharized afficers af the Campanies, arid all the acts af said Attarn~Y.in-Fact, pur~uanlta the autharity herein given, are hereby ratified and canfirmed, This Pawer-af"'Allarney is made and executed pursuant to. and by autharity af the fallawing bylaws adapled by the Board of Directors af Merchants Bonding"C2{mpany (Mutual) an. November 16, .2002 and adapted by the Baard af Directars af Natians. Banding Company an Apr~119, 2003. ., "The Chairman of the Baard ,ar Presiden( ar, any Vice President ar Secretary shall have pawer and aulharity to. appaint Allorneys-in-Fact, and to autharize the,CTlloe~_ecu~e,gn behalfof the CQmpany, and attach Ihe Seal af the Company, thereto., bands and undertakings, recagnizances', cantracts af indemnity and ather writings abligatary in the nature thereaf. , , , . , Th'B.signature af any authorized afficer an'd the Seal af the Campany may be affixed by facsimile to. any Pawer af Attarney ar Ce'rlificatian thereaf a'utharizing th'e executian and delivery af any band, undertaking, recognizance, ar other suretyship ""abligations af [he Campany, and such signature and seal when sa used shall have the same farce and effect as thaugh manually fixed" In Witness Whereaf, the Campanies have caused this instrument to. be signed and sealed this 1st day af May, 2003. '.' , , t. 7 : ", .... ., o. .... ;0 .,~' ..:~O~~:O liVoc. .' 0 .'..... O. .. ,<>,-<;'~PD,9-1" 00. : 0:'~ ~". 0 ~ :Z;- -0.- e:.s:-= ~ O' . c .. /:'. 2003,:' '0 .- o. '<' ("" .~-l. o' . ". tV.....,,'~ 0 .0.0 o 0<: 0". (lOIll .o....eo. .., \\G C '. .. ~~\.. -" .~t1t~... ..~~..~\\POt9~..-?~ .0 . . c;., -, ". '. .L . .'?:~ "... 0 II~.- -0- 0'_0 :~:.. 1933 ..=~: .~" :~.. ..0:'. ,..'.J.C;;::. . ".:IJV....... \,..... .co -tl 110. OOO.OCl ., /{ 7~ President " MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY ,STATE OF IOWA COUNTY OF POLK ss. . /. . On this 1 st day of May, 2003, befare me appeared Larry Taylar, to me persanally knawn, who being by me duly swarn did say that he is President of MERCHANTS BONDING COMPANY (MUrUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the faregaing instrument are the carporate seals of the Campanies; and that the said instrument was signed and sealed in behalf of the Companies by au~horily of their respective Baards of Directars, In Testimany Whereaf, I have hereunto. set my hand and affixed my Official Seal at the City af Des Maines, Iowa, the day and year first abave written. .~ Notary Public, Polk County, Iowa ~, ~& MARILYN BOYD Commission Number 10012 My Cammission Expires November 4, 2004 STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary af MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the abave and foregaing is a true and carrect capy of the POWER-OF-A TTORNEY executed by said Companies, which is still in full force and effect and has nat been amended ar revaked, In Witness Whereof, I have hereunto. set my hand and affixed the seal of the Companies an this20TH day af NOVEMBE;R, 2008 NBC 0103 (4/03) 00 o~oD oJ;Voo .00 ........ 0" .. Q),.<;~POIr"', 00, '0:" -1".... : :~ -0- m'.D: . z;- e,s:. : 9;'. 2003 /'0 : .0 <.... ...-.4 o. '. b-;,;....,..~.. "".o/v {;{ }.. o. 00..0.- ooOOGe. ..:'-'\~G CO';... . ~v""'" '7",,' ..~~,.<; \\p 0,9' ',,-?;o. :.,C:::'~ -0.- -?~\.L: };/~ ~~~, o %:- e:~o . do'. 1933 :. Secretary .. .,:, '. : $.- '.'"'0:'" ...~c:::-.. . . ".:111/' . .. . . . ".. o () {::( 0 000.,0. t ZOO'd TtflOl ~ ACORD ..., CERTIFICATE OF LIABilITY INSURANCE PROOUCER EASLEYINSURANC~AGENCY P.O. BOX 3311 VICTORIA (36,1 ) 573-9.'04' . . TX 77903-3311 DATE (MMIDDIYYYY) 11/1812008 THIS CERTIFICATE .IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPONTHE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I , . INSURERS AFFORDING COVERAGE INSU~ER A: UNITRIN IN'" ll:>cR D' TEXAS MUTUAL "N!;III'''''R ~:., '. IN!;""'C'" n. NAIC# INSVRfiD RAIN SEAL MASTER ROOFING & SHEET METAL, INC~ 2306 PORT LAVACA DR, . . VICTORIA TX 77901. I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD' INDICATED. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANy CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWHICHTHIS CERTIFICATE,MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIO,NS AND CONDITIONS.oF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY, HAVE BEEN REDUCED BY PAID CLAIMS,. . I~~ ~~t;,'~ _.~- -- MB"R p'?~l~Ef'f'ECT/VE PS?Usr EXPIRA nON lIMn-q A ~NI!FtAL UAell"lTY CAP001241103 02/'2.712006 021272009 ~S;.C.\$R.!~~t~E ~ 1.000 ;000 X COMMERCIAl. GENernlABlllTY . DAMAGE TO RENTED ..\ ! 100,000 ' QC ' I CLAIMS MADE X OCCUR MED EXp.(Anv Mo O~rsOM\ $ 5,000 p~R!;nNAl~AnVINJURY s 1,000,000 GENERAl A ! 2.000,000 - ~N'L ACGAeM L1Mrr APnS PER:. PRODUCTS - COMPIOP AG<> .' 2.000,000 X ~1 pn. ,"'y ~!3$>.; I ,..,,.. A ~OMOBILI; UABJLIT'f CAP001241303 02/27/2008 02/27/2009 COMBINED SINGLE I.IMrr ~ ANY AUTO (Ee accident) $ 1.000,000 I-- ALL OWNEO AUTOS BODILY INJURY (per pel'llOn) $ SCHEDULED AUTOS rx HIRED AUTOS rx BODilY INJURY (Per eCCldenl) $ I-- NON-OWNED AUTOS - PROFERT'f DAMAGE $ (P....ee.eldenl) ~rQe UABIUTY AUTO ONL Y - EA A~~lnENT ~ ANY AUTO OTHER THAN EA AC~ ~ AUTO ONI. Y: A"'-<> S A ~I!SSIUM!l~eLUeILITY CUP07S2032 01 02127/2008 02/27/2009 $ 2,000,000 X OCCUR ClAIMS MADE AGGREGATE ~ 2.000,000 ~ DEDUCTIBLE S S It 10,000 or. e WORKERS COMPENSATION AND TSFOO01141931 021271:2008 02J'27/2009 X I T~~<;!~!~ I JOJ,.tt- EMPLOYERS' UABlul'r C, CM-" ACcln~NT or. 1,000.000 ANY PROPRIETORIPARTNERIEXECuTIVE OFFICER/MEMBER EXCLUDED? '" "I'"""'"" _ Cd . 1,000,000 g6~~I~o'Serjbe und"r Co ......,.... ~ DISEASE - POLICY liMIT ~ 1.000,000 A OTHER CAP001241103 0212712008 0212712009 EQUIPMr=NTIINSTAlL FL 87,0001200,000 INLAND MARINE 04/29/2008 04/2912009 263,800 BUILDER'S RISK DESCRIPTION Of' OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPI!CIAL PIIlOVISIONS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AND GRANTED A WAIVER OF SUBROGATION WITH REGARD TO THE GENERAL LIABILITY AND AUTO POLICIES WHEN REQUIRED BY WRITTEN CONTRACT, BLANKET WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER WITH REGARD TO THE WORKER'S COMPENSATION POLICY. CERTIFICATE HOLDER CANCELLATION Al 004845 SHOUL.D ANY OF THE ABOVE D!!$CRIBeO PO~ICle9 se CANCe~L.ED BEFORe THE EXPIRATION CALHOUN COUNiY DATE 'T1ol!'!REOF, 'THE ISSUING IN8URER WIL.L. ENDEAVOR TO MAIl. ~ OATS WRITTEN CALHOUN COUNT( LIBRARY e. CALHOUN COUNT( NOTICE TO T).lE CERTIPICATE HOLDER NAMED TO THE L.EFT, BUT f'AILURE TO 00 so SHAl.L AIRPORT HANGER FACILITY IMPOSE NO OtlL.IOATION OR LIABIUTY OF ANY I(IND UPON THE INSURER, ITS AGeNTS OR PORT L.A.VACA TX - REPRE8ENTATIVES, AUTHORIZEDRE"Rl;SeNTATlvE~ ~ 0 .., -...r,C1C I ACORD 25 (2001/08) Fa:.:: ( ) - @ ACORD CORPOR T t .~ DOCUMENT NO. 00415 " j CONTRACTOR'S CORPORATE RESOLUTION ,] ] ] I hereby certify that it was RESOLVED by a quorum of the directors of MJi0 Se,AL- VVIASTce. {l.OOF (/0&) $S~,I:::T IV\ElAL, \f0G . (Name of Corporation) meeting on the Z.o*' day of 10o\JErY\'w ~~ , 20 Cf6 , 1 ui that:). h AmON loZANO t::;'\2.. . (N ame of Principal) 'v(ZJ2.S \ \:)E-i0T (Title) 1 'I ,j , be, and hereby is, authorized to execute all documents necessary for the transaction of business in the I2A-1N SE:ftL VVI A. ':;T"c:;e.. l2..OaHt00 State of Texas on behalf of the said ~ 51-tEET MI2:TAt.., /f\...)c,., . , and (N ame of Corporation) ] ] That the above resolution was unanimously ratified by the Board of Directors at said meeting and j J 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 1-0tM ) of NDV8M~ ,2005 . ] ) ,~ J. ~rY\~C' Secretary lo '\ IiM (\..JD ~ END OF DOCUMENT 00415-1 day S,J/'> < Si Ha APPROVE SPECIFICATIONS AND AUTHORIZE THE COUNTY AUDITOR TO ADVERTISE FOR BIDS ON INMATE TELEPHONE SERVICES. BIDS WILL BE DUE ON MONDAY, DECEMBER 29, 2008 AND CONSIDERED FOR AWARD ON THURSDAY, JANUARY 8, 2009: 'I Passed on this Agenda Item. APPROVE SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR BIDS ON INMATE FOOD SERVICES. BIDS WILL BE DUE ON MONDAY, DECEMBER 16, 2008 AND CONSIDERED FOR AWARD ON MONDAY, DECEMBER 22, 2008: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the specifications and authorize the County Auditor to advertise for bids on Inmate Food Services. Bids will be due on Monday, Decenjber 16, 2008 and considered for award on Monday, December 22, 2008. Commissioners Galvan;' Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ! llER TOR . EllS EET PORT lAVA~A; 5 nOlO TELEPHONE (361) 553-4610 FAX (361) 553-4614 LUCY DlO. CPA 1ST ASSISTANT AUDITOR PEGGY HALL ASSISTANT AUDITOR November 24, 2008 Dear Bidder: If submitting a Bid for Inmate Food Services for the Calhoun County Adult Detention Center, the following forms must be completed and returned: (1) Original of Invitation To Bid ForIi1- Signed and dated (2) Original of Contract (3) Food Bid List Failure to submit the above information may result in your bid being disqualified. If you have any questions, please contact our office. Thank you, Peggy Hall Assistant Auditor CAI:IIOUN COUNTY, TEXAS BID SHEET - IFOOD SE~~ICES I INVITATION TO BID BIDDER BID ITEM IFOOD SERVICES ~ YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: HONORABLE MICHAEL J PFEIFER, COUNTY JUDGE, 211 S ANN ST, 3RD FLOOR, ROOM 301, PORT LA VACA TX 77979 BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID-I FOOD SERVICES BIDS ARE DUE AND WILL BE PUBLICLY OPENED IN THE COUNTY JUDGE'S OFFICE AT: 10:00 AM, TUESDAY, DECEMBER 16, 2008 BIDS WILL BE CONSIDERED FOR AWARD AT THE COMMISSIONERS' COURT MEETING ON:MONDAY, DECEMBER 22,2008 BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO BIDDER. THE COMMISSIONERS' COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, TO ACCEPT THE BID DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY AND TO BE THE SOLE JUDGE IN DETERMINING WHICH BIDS WILL BE MOST ADVANTAGEOUS TO THE COUNTY. THE COUNTY OF CALHOUN, TEXAS IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER. THE COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR HANDICAPPED STATUS IN EMPLOYMENT OR THE PROVISION OF SERVICES. CALHOUN COUNTY ACCEPTS NO FINANCIAL RESPONSIBILITY FOR ANY COSTS INCURRED BY ANY PROPOSER/BIDDER IN THE COURSE OF RESPONDING TO THESE SPECIFICATIONS, IF REQUIRED: THE SUCCESSFUL BIDDER MUST PROVIDE ~ALHOUN COUNTY WITH A CERTIFICATE OF INSURANCE (NAMING CALHOUN COUNTY AS AN ADDITIONAL INSURED) FOR GENERAL LIABILITY ($1,000,0001$2,000,000), WORKERS' COMPENSATION (IN ACCORDANCE WITH STATE LAW) AND. AUTO INSURANCE ($100,0001$100,0001$300,000). BID ITEM: FOOD SERVICES DEPARTMENT: JAIL ----------------------------------------------- SPECIFICA nONS: FOOD SERVICES SEE ATTACHED The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other Proposer or Bidder, and that the contents of this proposal or bid as to prices" terms or conditions of said proposal/bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal. AmORIZED SIGNATURE _mLE: PRINT NAME: DATE OF BII: TELEPHONE NUMBER: Wednesday, November 19, 2008 BIDDER ~ ~ ~~. /" CALHOUN COUNTY SHERIFF'S OFFICE ADULT DETENTION CENTER Request For Bid FOOD SERVICES January 1,2009 thru December 31,2009 The Calhoun County Sheriff's Office is requesting bids to provide food services to the Calhoun County Adult Detention Center, located at 302 West Live Oak in Port Lavaca, Texas. Bid Due Date Tuesday, December 16, 2008 Expected Award Date Monday, December 22,2008 Contractor Begins Service January 1, 2009 The following instructions shall be followed in the submission of any and all bids: 1. The Calhoun County Sheriff's Office encourages competitive responses. Calhoun County understands that in any industry, business will be lost and gained by competitors over time. 2. In order to adhere to a higher standard of business ethics the Calhoun County Sheriff's Office would ask that all vendors refrain from mentioning any and all competitors in any part of the vendor's submittal. Failure to refrain from this policy will result in vendor's bid being deemed non-responsl ve. 3. All bids are due on or before 10:00 AM, Tuesday, December 16, 2008 at the following address: Honorable Michael J Pfeifer County Judge 211 S Ann St 3rd Floor, Room 301 Port Lavaca TX 77979 ~ Mark the outside of the sealed envelope with the name of the bid item 4. The Food Service Agreement will take effect on January 1,2009 and continue thru December 31, 2009 }vith the option to renew yearly, for up to two additional years, unless either Calhoun County or the Vendor submits in writing the intentto not rerw}v. 5. Any differences in the actual product bid from the Grocery Bid List should be noted on the grocery bid list. 6. All bid prices must be good for the entire bid period. 7. Bids submitted in any other form cannot and will not be considered. 4., ",") ~. 8. All products with the "approximate quantity" shown on the bid list are speculative quantities and should not be considered as firm quantities of product to be purchased during the term of the agreement. 9. If you cannot supply a product, make note on the bid list in the cost column next to that item. 10. If you do not have the exact pack size requested or if a pack size is not listed, list the pack size supplied by you in the size column noting the price per unit on the grocery bid list. I1.If you wish to suggest alternate products; please do so on separate sheets and attach it to the back of the bid list noting the appropriate line number on your suggestioh. 12. All bids must be received by December 16, 2008 at 10:00 AM, at the address in item #3 above. 13. All submissions received will be considered final, no changes accepted. 14. By acceptance of this agreement vendor agrees to notify the Sheriff or Jail Administrator of any solicitations from employees of Calhoun County for services not officially associated with jail operations. Vendors are prohibited from offering, giving, selling, supplying, or conveying in any way or form, products for personal use to employees of Calhoun County. Samples may be provided to the jail for use within the facility for evaluation purposes. 14. Requests for information regarding the facility or technical questions, please contact Eddie Musgrave, Jail Administrator, at Calhoun;1County Adult Detention Center, 361-553-4475. Mailing Address: Eddie Musgrave, Jail Administrator, 302 W Live Oak, Port Lavaca, TX 77979. Requests for information regarding bid packages should be directed to: Peggy Hall, Assistant Auditor, 201 W Austin St, Port Lavaca TX 77979,361-553-4610. //' ~-;-,,-. -"" Ii GENERAL CONDITIONS OF SUBMlTTING SEALED BIDS TO CALH0UN COUNTY, TEXAS FAILURE TO COMPLY WITH THESE GENERAL CONDITIONS OF SUBMITTING BIDS MAY RESULT IN THE BID BEING DISQUALIFIED. 1. BID: ~ SUBMIT ORIGINAL of Invitation to Bid Form ~ Contract and Bid Food List A. DUE - TIME AND DATE: Sealed bids must be in the office of the County Judge, by 10:00 AM, Tuesday, December 16, 2008. A late delivery with an early postmark will not suffice. Be sure you have allowed ample time for postal delivery. The County will not be responsible for the delivery of your bid to the office of the County Judge. If you choo~e to send your bid by postal delivery, then it is recommended that you call the County Judge's office at 361-553-4600 to verify receipt of your bid prior to t~e opening date. Calhoun County accepts no financial responsibility for any cost incurred by any vendor in the course of responding to these specifications. Calhoun County does not accept faxed or emailed bids. All BIDS ARE DUE on or before 10:00 AM. Tuesday. December 16. 2008 at the following address: Honorable Michael J Pfeifer, County Judge Calhoun County Courthouse 211 S Ann St Third Floor, Ste 301 " Port Lavaca TX 77979 ~ Mark outside of envelope: SEALED BID- 'Tnmate Food Services" B. WITIIDRAW AL OF BID: A vendor may withdraw his/her bid before County acceptance of his/her bid without prejudice to himself/herself, by submitting a written request for its withdrawal to the County Judge. C. BID OPENING & AWARD: Vendors are invited to be present at the opening (acknowledgement) of bids on Tuesday, December 16, 2008. The bids will be considered for award on Monday December 22,2008 during Commissioners' Court. Page 1 of 3 ... D. The "Invitation To Bid Form~' must be signed and dated by an officer (or employee) who is duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Vendor, and that the content~ of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. 2. AWARD Commissioners' Court reserves the right to waive technicalities, reject any or all bids, to accept the bid deemed most advantageous to Calhoun County and to be the sole judge in determining which bid will be most advantageous to Calhoun County. The County of Calhoun, Texas is an Equal Employment Opportunity Employer. the County does not discriminate on ~he basis of race, color, national origin, sex, religion, age or handicapped status iri! employment or the provision of services. 3. DELIVERIES: Upon any breach of contract, the Co~nty reserves the right to proceed against the successful vendor and/or the surety on his bond for any and all damages occasioned by the breach. 4. REJECTIONS: All disputes concerning this bid will be determined by Commissioners' Court or their designated representative. 5. CONDITIONS PART OF BIDS: The General Conditions of Submitting Bids defined herein shall be a part of the attached bid. Page 2 of 3 ~ or" '" ....,. 6. PROTEST PROCEDURES: Any actual or prospective vendor who believes they are aggrieved in connection with or pertaining to a bid may file a protest!! The protest must be delivered in writing to the Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: 1. Name, mailing address and business phone number of the protesting party; 2. Appropriate identifidtion of the bid being protested; 3. A precise statement o~ the reasons for the protest; and 4. Any documentation or other evidence supporting the protest and any alleged claims. The Auditor's Office will attempt to resolve the protest, including at the Auditor's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of theresolution, with specifics on each point addressed in the protest, will be forwarded to Commissioners' Court. If the Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review such documentation and information. If additional information is desired, Commissioners' Court may notify the necessary party or parties to the protest to provide such information. The decision of Commissioner's Court will be final. 7. PUBLIC INFORMATION ACT: A. All governmental informationds presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by:judicial decision, or information for which an exception to disclosure has not been sought. B. To request information from Calhoun County, please contact: Calhoun County Auditor's Office Courthouse Annex Building " Attn: Cindy Mueller, County Auditor 201 W. Austin St. Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Page 3 of3 INVIT A TION TO BID Notice is hereby given that Commissioners' Court of Calhoun County, Texas authorized the County Auditor to advertise for bid~i for: . Inmate Medical Services . Inmate Food Services SEALED BIDS ARE DUE: On or Before 10:00 AM, Tuesday, December 16, 2008. Invitation to Bid Forms and Specifications are available in the County Auditor's Office, Courthouse Annex Building, 201 W Austin St, Port Lavaca, TX 77979 or by calling Peggy at 361-553-4610. Commissioners' Court reserves the right to waive all technicalities, reject any or all bids, to accept the bid deemed most advantageous to Calhoun County and to be the sole judge in determining which bids will be most advantageous to Calhoun. The County of Calhoun, Texas is an Equal Employment Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services. Cindy Mueller, County Auditor Calhoun County, Texas CONTRACT FOR FOOD SERVICES CALHOUN COUNTY ADULT DETENTION CENTER STATE OF TEXAS COUNTY OF CALHOUN This agreement is by and between hereinafter called "provider" and Calhoun County acting through their Adult Detention Center hereinafter called the "Jail" and is to provide for the furnishing of food and food stuffs to the Jail. The effective date of this agreement is January 1,2009 and is for a period of one year from that date. This agreement will end on December 31, 2009. The food and food stuffs to be provided are set out in the attached Bid Pricing Sheet and said prices will be honored for the one year period. Any items ordered not on the attached Bid Pricing Sheet shall be provided at a cost plus % basis. The Jail agrees to pay for said food, goods or food stuffs upon presentation of an invoice and verification that said goods, food or food stuffs have been delivered and received. Provider will use its best efforts to provide quality products and good and healthy food but makes no warranties express of implied about their fitness for use. Provider will provide products that are needed for inmates with high blood pressure, diabetics or for religious reasons. Deliveries will be made at specific times (at least twice a week) and in sufficient quantities to ensure that there will be sufficient food on hand at the jail to make and provide all meals. Deliveries will be made between Monday and Friday between the hours of7:00 a.m. to 10:00 a.m. and 1 :00 p.m. to 4 p.m. in order not to disrupt the jail kitchen in preparing meals. Should an ordered item not arrive as ordered, or a wrong item is delivered, provider will deliver the correct or substitute item whhin 24 hours from the date the missing item was supposed to be delivered. A sales representative from the provider shall contact the Jail Administrator or Jail Cook monthly in person, to discuss any issues or new products offered. Either party may make modifications of this agreement or Bid Pricing Sheet with 30 days notice to the other party but the modification must be in writing. SIGNED AND ACCEPTED this the iI day of ,2008. PROVIDER: By: JAIL: By: Eddie Musgrave Bid List for Calhoun County Adult Detention Center January 1, 2009 thru December 31, 2009 " Used W-Weekly M-Monthly Ite,m Code Brand Package Description Q-Qtrly Comments Price 6/ #10 Cans Apples Sliced Solid Pack W 6/ #10 Apple Sauce - Unsweet W 6/ #10 Apple Sauce. Sweet W 1 / 30 lb Bacon W 1/51b Baking Powder Q 12 / 2 Ib Baking Soda Q 1 / 40 Ib Bananas green tip fresh W 1 / 25 lb Beef Soup Base Granular Q 1 / 25 lb Chicken Soup Base Granular Q 1 / 12 oz Basil Ground " Q 1 / 2 oz Bay Leaves Q 6/51b Chopped BBQ W 6/ #10 Baked Beans W 1 / 30 Ib Cut Green Beans - Frozen W 6/ #10 Cut Green Beans' - Canned W 1 / 20 Ib Lima Bean - Dry Q 1 / 20 Ib Navy Bean - Dry Q 1 / 50 Ib Pinto Bean Triple Cleaned W 6 / #10 Ranch Style Beans W 6 / #1 0 Beans with Pork in Tomato Sauce W Beef Brisket Q Beef Roasts Q Roast Beef Deli Style M 8 / 1 0# Ground Beef Tubes 80/20 W 1 / 1 0 Ib Beef Patty W 40 / 3.88 oz Breaded Beef Patty W 120 / 4 oz Breaded Veal Patty W 40 / 4 oz Beef Patty Charbroiled pre-cooked Q 1 / 10 Ib Beef Stew Meat W 160/ .97 oz Beef Steak Finger W 60 / 2 oz Biscuits Pre-Cooked W Canned Biscuits i, M 2 / 10 lb Bologna Turkey Club W 120lb Broccoli Cuts Frozen W 12 / 48 oz Chicken Broth Q 6/51b Fudqe Brownie Mix M 72 / 4 oz Burrito Beef & Bea.n W Breakfast Burritos M 1 / 50 Ib Green Cabbage M 6/51b Chocolate Cake Mix M 6/51b Devils Food Cake Mix M 6/51b White Cake Mix M 6/51b Yellow Cake Mix M Carrots - Fresh W 1 / 20 Ib Carrots Sliced - Frozen W 6/ #10 Carrots Sliced - Canned W Celery - Fresh W 1 / 20 Ib Cauliflower - Frozen M Cereal Frosted Flakes W Cereal Fruit Rings W Cereal Raisin Bran W Cereal Tasteeos - Sugar Free W Cereal Toasted Oats & Honey W Cereal Rice Krispies W - !I Bid List for Calhoun County Adult Detention Center January 1, 2009 thru December 31,2009 Used W-Weekly M-Monthly Item Code Brand Package Description :i Q-Qtrly Comments Price 6/51b American Cheese Melt Loaf M Imitation Cheese Slices W 4/51b American Cheese Slices - 160 W 4/51b Imitation Shredded Cheddar Cheese Q 4/51b Cheddar & Mont. Jack Shredded W Powdered Chee~e Mix W To Make macaroni & Cheese 4/51b Cottage Cheese W 31b Cream Cheese M 4/51b Mozzarella Shredded M 40 / 4 oz Chicken Breasts Fajita Glazed M Any flavor pre-cooked-Iow salt 250/ .68 oz Chicken Nuggets M Diced Chicken - Cooked W 100 / 3 oz Breaded Chicken Patty W 1 / 1 0 Ib Breaded Chicken Fritter W Boneless Skinless Chicken Thiqhs W Plain Boneless Skinless Chicken Thighs W Flavored Sliced Chicken Fajitas W Raw Sliced Chicken F:ajitas W Pre-Cooked 4/51b Chili - Frozen - With Beans W 4/51b Chili - Frozen - Without Beans W 6/ #10 Chili - Canned - With Beans W 6/ #10 Chili - Canned - Without Beans W 8/1 Ib Corn Chips W 6 / 20 oz Potato Chips W Bulk Cheese Puffs W Bulk Other Chips W 1/51b Cinnamon Ground Q 5/21b Sweetened Coconut Q 120 / 1 .5 oz Coffee Filter Packs W 4/51b Coleslaw Mix Shredded W Bulk Chocolate Chip Cookies W Bulk Cookies W Any other bulk cookies Bulk Cqokies W Any other bulk cookies Chocolate Chip Cookie Dough W Oatmeal Raisin Cookie Dough W Peanut Butter Cobkie Dough W Vanilla Wafer Cookies W 6/ #10 Corn Cream Style M 1 / 30 Ib Corn - Frozen W 6/ #10 Corn - Canned W 48 / 4 oz Corn Dogs - No Sticks W Sticks Removed Cornbread Mix W Cornmeal Q 1 50 / 3 ct Graham Crackers M Individually Wrapped 1/81b Saltine Crackers M Bulk 500 / 2 ct Saltine Crackers M Individually Wrapped Club Crackers M 24 / 12 oz Creamer Non Dairy Canister W 1 /1 Ib Cumin Ground Q 4 / 1 gal Coleslaw Dressing Q 200 / 9 gm Italian Dressing Pkts. M 4 / 1 gal Italian Dressing M 18 / 3.2 oz Ranch Dressing Mix Q 200 / 9 gm Ranch Dressing Pkts W Bid List for Calhoun County Adult Detention Center January 1, 2009 thru December 31, 2009 'I Used W-Weekly M-Monthly Item Code Brand Package Description Q-Qtrly Comments Price 200 / 9 gm Salad Dressings Pkts M 12 / 24 oz Drink Mix Lemonade W Also any other flavors Drink Mix W Drink Mix W 12 / 24 oz Drink Mix Pink Lemonade W Sugar Free DrinklMix W Sugar Free Drink!Mix 6/51b Egq Scrambled B:lend W Egq Rolls M Shell Eggs W Vanilla Extract Q 1 / 50 Ib Flour M 1 / 10 Ib Franks M 6/51b French Fries W 6/ #10 Fruit Cocktail W 6/ #10 Fruit Mix W 1 /71b Garlic Granulated M , 12 / 24 oz Gelatin Citrus Variation M 12 / 24 oz Gelatin Lime M 12 / 24 oz Gelatin Red Variation M Brown Gravy Mix M Chicken Gravy Mix M Peppered Gravy Mix M Pork Gravy Mix M Turkey Gravy Mix M 6/ #10 Mustard Greens W 1 / 50 Ib Instant Grits M 2 / 1 0# Ham Buffet Stvle Ii W 2/13.5# Ham Deli Style W 4 / 2.5 Ib Ham Pre-Sliced Q 12 / 20 ct Hash browns. Frozen W Hash browns - Dehydrated W Hushpuppies - Frozen W 1 / 40 Ib Chocolate Icing Q 1 / 43 Ib Vanilla Icing Q 200/ .5 oz Jam Variety Grape & Strawberry M 6/ #10 Jelly Grape W 70 / 4 oz Apple Juice Carton W 70 / 4 oz Orange Juice Carton W 1000/9gm Ketchup Packet W 6 / #10 Ketchup W 1 / 12 ct Iceberg Lettuce W 30 / 1 Ib Margarine Solids M Marshmallows Q 4 / 1 gal Mayo M 500 / 9 gm Mayo Pouch W 320 / .5 oz Meatballs Flame Sroiled W Any Flavor 24 / 12 oz Evaporated Milk Ii M 24 / 14 oz Sweetened Condensed Milk Q 6/51b Blueberry Muffin Mix M 500 / 4.5 gm Mustard Packet W 4 / 1 gal Mustard Q 1 / 50 Ib Instant Oatmeal W Butter Flavored Oil M Bid List for Calhoun County Adult Detention Center January 1, 2009 thru December 31, 2009 Used W-Weekly M-Monthly Item Code Brand Package Description Q-Qtrly Comments Price 1 / 20 Ib Breaded Okra W 1 / 20 Ib Cut Okra W 1 / 20 Ib Onions Fresh i M 6/ #10 Mandarin Oranoes - Broken W 1 / 12 oz Ground Oregano Q 6 / 17 oz Pan Coating - Grill & Saute Spray M 12 / 12 ct Pancakes - Frozen W 1 / 1 0 oz Parsley Flakes Q Pasta - Lasaana Noodles M Pasta - Elbow Macaroni M Pasta - Ego Noodle M Pasta - Spaghetti M 240 / 2 oz Chicken Breakfast Patty Q 6/ #10 Peaches Sliced Irregular W 6/ Sib Peanut Butter - Creamy M 6/ #10 Pear Halyes or Diced in Juice W 1 / 20# Peas and Diced Carrots W Frozen 6/ #10 Black-eyed Peas W 6/#10 Green Sweet Peas W 12 / 27 oz Diced Green Chiles M 6/#10 Jalapeno Peppers Nacho Sliced Q 4 / 1 gal Dill Pickle Relish M 1 / 5 gal Pickle Slices M 6 / 43 oz Pumpkin Pie 10" Pre-baked Q Any value priced Pie 6/#10 Pineapple Chunks in Juice W 6/#10 Pineapple Tidbits in Juice W Breakfast Pizza i' M Cheese Pizza Q Pepperoni Pizza:i M Pollock Fillets Ii W Any value breaded fish Pollock Strips 'I W ii 40/3.75oz Breaded Pork Pc:itty W 6 / 24 Oz Lemon Pepper Seasoning Q Instant Mashed Potatoes W 1 / 50 Ib Idaho Potatoes # 2 W 1 / 50 Ib Red Potatoes # 2 W 6/ Sib Potato Tater Tots W 6/#10 Banana Pudding W 6/#10 Chocolate Pudding W 6/#10 Lemon Pudding W 6/#10 Tapioca Pudding W 6/#10 Vanilla Pudding W Seedless Raisins W 1 / 25 Ib Long Grain Rice W 1 / 50 Ib Long Grain Rice- Parboiled W 1 / 25 Ib Mexican Seasoning and Rub Mix Q 1 / 192 Dinner Rolls Pre~baked 2.5" Q or frozen bread or roll dough 4/51b Salad Mix - Lettuce with Sep. color W 1 / 30 Ib Potato Salad M 1 / 25 Ib Salt Granulated Q 4 / 1 gal. BBQ Sauce M 6/#10 Mi.ld Cheese Sauce W 6/#10 Jellied Cranberry Sauce Q 6/#10 Enchilada Sauce W , Bid List for Calhoun County Adult Detention Center January 1, 2009 thru December 31, 2009 Used W-Weekly M-Monthly Item Code Brand Package Description Q-Qtrly Comments Price 200 / .5 oz Picante Sauce M 6/#10 Pizza Sauce W 1 / 1 gal. Soy Sauce M Soy Sauce Packets M 6/#10 Spaghetti Sauce W 500 / 9 gm Taco Sauce Packets W 500 / 12 gm Tartar Sauce Packets W 6/#10 Tomato Sauce .. W Worcestershire Sauce Q 2/51b Sausage Chorizo Raw W 1 / 10 Ib Sausage Link .8 OZ W 160 / 1 oz Sausage Link 1 OZ W 2/51b Ground Sausage W 1 / 10 Ib Sausage Rope,; W 4 / 4.69 Ib Sausage Turkey,Smoked W 1 /71b Creole Seasoning Q 1 / 12 oz Poultry Seasoniri:g Q 1 /51b Seasoning Salt Ij M 1 / 35 Ib Shortening Soy Clear Fry Oil W Chicken Noodle Soup M Vegetable Soup Ii M Potato Soup ji M Cream of Chicken Soup M Cream of Mushroom Soup M Tomato Soup M 4/51b Sour Cream M 6/ #10 Spinach W Yellow Squash W 24 / 1 Ib Corn Starch , Q Cornbread Stuffing Mix W 1 / 25 Ib Brown Sugar M 1 / 50 Ib Granulated Sugar W 1 / 14 oz Dried Onion Flakes M 1 / 50 Ib Powdered Sugar Q 4 / 1 gal. Pancake Syrup W 12 / 12 oz Sugar Free Syrup M Tea Bags 1 oz W Tomatoes - Fresh W 6/#10 Tomatoes Diced in Juice W 12 / 28 oz Diced Tomatoes in Green Chilies M Non-Dairy Whipped Topping Q 6 / 66.5 oz Tuna Chunk Light in Water M Pork Loins - Boneless M 1 / 25 Ib Green Bell Peppers M Fresh 1 /51b Pepper Ground Fine M Turkey Breast - Deli Style W 2 / 1 0 Ib Ground Turkey Tubes W 3/51b Turkey Salami Sliced W 1 / 18 Ib Smoked Turkey Chopped Ends W Diced Turkey Ham W 6/ #10 Mixed Vegetables - Canned W Mixed Vegetables - Frozen W 6/ #10 Mixed Vegetables Chunky Stew M 12 / 2 Ib Stir Fry Vegetables M Bid List for Calhoun County Adult Detention Center '" January 1, 2009 thru December 31, 2009 Used W-Weekly M-Monthly Item Code Brand Package Description Q-Qtrly Comments Price 144 / 1 .27 oz Waffles W 6/ #10 Cut Yams M Dry Active Yeast Q 2 / 1 00 ct Foam Containers - 3 Compartments Q : ( " i il " " ,( ,; Ii I' , APPROVE SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR BIDS ON MEDICAL SERVICES FOR THE CALHOUN COUNTY ADULT DETENTION CENTER. BIDS WILL BE DUE ON TUESD~Y, DECEMBER 16, 2008 AND CONSIDERED FOR AWARD ON MONDAY, DECEMBER 22, 2008: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to approve the specifications and authorize the County Auditor to advertise for bids on Medical Services for the Calhoun County Adult Detention Center. Bids will be due on Tuesday, December 16, 2008 and considered for award on Monday, December 22,2008. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. LUCY 010. CPA 1ST ASSISTANT AUDITOR 201 W. A PORT LAV4Ca; S 71979 TELEPHONE (361) 5~3-4610 fAX (361) 553-4614 PEGGY HALL ASSISTANT AUDITOR November 24,2008 Dear Bidder: If submitting a Bid for Medical Services for the Calhoun County Adult Detention Center, the following forms must be completed and returned: (1) , Original of Invitation To Bid Form - Signed and dated il . (2) 'i Original of Contract - Signed~ dated and charges filled in i Failure to submit the above information may result in your bid being disqualified. If you have any questions, please contact our office. Thank you, Peggy Hall Assistant Auditor ,I, CALHOUN COUNTY, TEXAS BID SHEET - IMEDlCAL SERVICES I " INVIT A TIION TO BID BIDDER BID ITEM tMEDICAL SERVICES I PERmo FROM: JANUARY 1, 2009 PEWOO TO: DECEMBER 31, 2009 YOU ARE INVITED TO SUBMIT A BID ON THE ABOVE ITEM TO: HONORABLE MICHAEL J PFEIFER, COUNTY JUDGE, 211 S ANN ST, 3RD FLOOR, ROOM 301, PORT LA VACA TX 77979 BIDS SHOULD BE SUBMITTED IN A SEALED ENVELOPE PLAINLY MARKED: SEALED BID-I MEDICAL SERVICES 'I BIDS ARE DUE AND WILL BE PUBLICLY OPENED IN THE COUNTY JUDGE'S OFFICE AT: 10:00 AM, TUESDA Y, DECEMBER 16, 2008 BIDS WILL BE CONSIDERED FOR AWARD AT THE COMMISSIONERS' COURT MEETING ON: MONDAY, DECEMBER 22,2008 BIDS RECEIVED AFTER THE OPENING TIME WILL BE RETURNED UNOPENED TO BIDDER. THE COMMISSIONERS' COURT RESERVES THE RIGHT TO WAIVE TECHNICALITIES, REJECT ANY OR ALL BIDS, TO ACCEPT THE BID DEEMED MOST ADVANTAGEOUS TO CALHOUN COUNTY AND TO BE THE SOLE JUDGE IN DETERMINING WHICH BIDS WILL BE MOST ADVANTAGEOUS TO THE COUNTY. THE COUNTY OF CALHOUN, TEXAS IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER. THE COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR HANDICAPPED STATUS IN EMPLOYMENT OR THE PROVISION OF SERVICES. CALHOUN COUNTY ACCEPTS NO FINANCIAL RESPONSIBILITY FOR ANY COSTS INCURRED BY ANY PROPOSER/BIDDER IN THE COURSE OF RESPONDING TO THESE SPECIFICATIONS. THE SUCCESSFUL BIDDER MUST PROVIDE CALHOUN COUNTY WITH A CERTIFICATE OF INSURANCE (NAMING CALHOUN COUNTY AS AN ADDITIONAL INSURED) FOR GENERAL L1A~ILlTY ($1,000,000/$2,000,000), WORKERS' COMPENSATION (IN ACCORDANCE WITH STATE LAW) AND AUTO INSURANCE ($100,000/$100,000/$300,000). BID ITEM: DEPARTMENT: MEDICAL SERVICES JAIL ---------------------------------------------- SPECIFICATIONS: MEDICAL SERVICES SEE ATTACHED GENERAL CONDITIONS OF SUBMITTING BIDS TO CALHOUN COUNTY, TEXAS SEE ATTACHED CONTRACT FOR MEDICAL SERVICES The undersigned affirms that they are duly authorized to ~xecute this contract, that this company, corporation, firm, partnership or individual has not prepared this proposal in :ollusion with any other Proposer or Bidder, and that the contents of this proposal or bid as to prices, terms or conditions of! said proposal/bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged/n this type of business prior to the official opening of this AmoRlZEO SIGNATURE TITLE: PRINT NAME: DA IE OFBII: TELEPHONE NUMBER: PLEASE UST ANY EXCEPTmNS TO mE ABOVE SPEClACA nONS: Wednesday, November 19.2008 BIDDER GENERAL CONDITIONS OF SUBMITTING BIDS TO CALHOUN COUNTY. TEXAS FAILURE TO COMPLY WITH THESE GENERAL CONDITIONS OF SUBMITTING BIDS FOR MEDICAL SERVICES MAY RESULT IN THE BID BEING DISQUALIFIED. 1. ~ Return Ori2:inal of Invitation To Bid Form ~ Return Contract BIDS: A. DUE - TIME AND DATE: Bids must be in the office of the County Judge, by 10:00 AM, Tuesday, December 16,2008. A late delivery with an early postmark will not suffice. Be sure you have allowed ample time for postal delivery. The County will not be responsible for the delivery of your bid to the office of the County Judge. If you choose to send your bid by postal delivery, then it is recommended that you call the County Judge's office at 361-553-4600 to verify receipt of your bid prior to the opening date. Calhoun County accepts no financial responsibility for any cost incurred by any bidder in the course of responding to these specifications. Calhoun County does not accept faxed or em ailed proposals. All BIDS ARE DUE on or. before 10:00 AM. Tuesday. December 16. 2008 at the following address: Honorable Michael J Pfeifer County Judge 211 S Ann St, Ste 301 Port Lavaca TX 77979 ~ Mark outside of envelope: SEALED BID- MEDICAL SERVICES B. WITHDRA W AL OF BID: A bidder may withdraw his/her bid before County acceptance of his/her bid witJlOut prejudice to himse1f/herse1f, by submitting a written request for its withdrawal to the County Judge. C. BID OPENING & AWARD: Bidders are invited to be present at the opening (acknowledgement) of bids. :iThe Bid will be considered for award on Monday, December 22, 2008 during C,ommissioners' Court. Page 1 of3 2. A. Bid package may be obtained at the following address: Calhoun County Auditor's Office Courthouse Annex Building 201 W Austin St Port Lavaca, TX 77979 Or by calling Peggy at 361-553-4610 B. The Bid must be signed and dated by an officer (or employee) who is duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. C. All instructions and specifications in the Request For Bid must be followed and/or met. 3. EXCEPTIONS: If exceptions are being taken to any part of specifications, have them listed on the Bid Forms or on your letterhead and manuallv sign and date it. 4. AWARD Commissioners' Court reserves the right to waive technicalities, reject any or all bids, to accept the bid deemed most advantageous to Calhoun County and to be the sole judge in determining which bid will be most advantageous to Calhoun County. The County of Calhoun, Texas is an Equal Employment Opportunity Employer. the County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services. 5. DELIVERIES: Upon any breach of contract, the County reserves the right to proceed against the successful bidder and/or the surety on his bond for any and all damages occasioned by the breach. 6. REJECTIONS: All disputes concerning this bid will: be determined by Commissioners' Court or their designated representative. Page 2 of3 7. CONDITIONS PART OF BID: The General Conditions of Bidding defined herein shall be a part of the attached bid. 8. PROTEST PROCEDURES: Any actual or prospective bidder who believes they are aggrieved in connection with or pertaining to a bid may file a protest. The protest must be delivered in writing to the Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: 1. Name, mailing address and business phone number of the protesting party; 2. Appropriate identification of the bid being protested; 3. A precise statement of the reasons for the protest; and 4. Any documentation ()r other evidence supporting the protest and any alleged claims. .. , The Auditor's Office will attempt tq resolve the protest, including at the Auditor's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Commissioners' Court. If the Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review such documentation and information. If additional information is desired, Commissioners' Court may notify the necessary party orparties to the protest to provide such information. The decision of Commissioner's Court will be final. 9. PUBLIC INFORMATION ACT: A. All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. B. To request information from Calhoun County, please contact: Calhoun County Auditor's Office Courthouse Annex Building Attn: Cindy Mueller, County Auditor 201 W. Austin St. Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Page 3 of3 INVITATION TO BID Notice is hereby given that Commissioners' Court of Calhoun County, Texas authorized the County Auditor to advertise for bids for: . Inmate Medical Services . Inmate Food Services SEALED BIDS ARE DUE: On or Before 10:00 AM, Tuesday, December 16,2008. Invitation to Bid Forms and Specifications are available in the County Auditor's Office, Courthouse Annex Building, 201 W Austin St, Port Lavaca, TX 77979 or by calling Peggy at 361-553-4610. Commissioners' Court reserves the right to waive all technicalities, reject any or all bids, to accept the bid deemed most advantageous to Calhoun County and to be the sole judge in determining which bids will be most advantageous to Calhoun. The County of Calhoun, Texas is an Equal Employment Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services. Cindy Mueller, County Auditor Calhoun County, Texas CONTRACT FOR MEDICAL SERVICES Calhoun County, a political subdivision of the State of Texas, (herein the "County") and , a Licensed Medical Practitioner in the State of Texas, (hereinafter the "Service Provider"), by this agreement and in consideration of mutual promises set forth below have agreed as follows: ARTICLE I JAIL SERVICES 1.01 SCOPE OF SERVICES: The Service Provider will, upon referral from the Sheriff's Department (hereinafter referred to as "Jail") treat inmates located in the Calhoun County Adult Detention Center facilities operated by the Sheriffs Department. Treatment may occur both within and without the physical confines of the Jail facilities. Treatment shall include, but not be limited to, on-site medical care and/or treatment at least two times a week by a licensed medical practitioner. The Service Provider agrees to adopt and implement workplace guidance concerning persons with AIDS and HIV infection and to develop and implement guidelines regarding confidentiality of AIDS and HIV related medical information with regards to inmates being treated for any complaint. The Service Provider will use their best efforts to respond to an emergency situation at the facility when needed. The Service Provider will assist the Jail to comply with TB testing as ordered by the Texas Health Department of all new inmates to be completed before the 7th day of their admission to the facility. 1.02 REPORTING RESPONSIBILITIES: . The service Provider, once treatment has been provided, will also be responsible for indicating any necessary therapy, additional follow-up medical treatment or additional medical referral needed to a medical specialist to cover any inmate problem the Service Provider believes would require such therapy or referral. The Service Provider will be responsible for communicating therapy or referral needs to the Calhoun County Jail Administrator, or the designated agent. Any pre-existing conditions shall be noted and reported. The SerVice Provider will document all treatment, need for follow-up treatment, any diagnostic tests needed, therapy suggestions and referral needs in note form and file the same in the inmate's medical file. If any inmate has a condition that requires isolation from the general population this recommendation shall be noted. Medical allergies or any special dietary requirements shall be noted. Prior to any surgery, the Service Provider shall consult with the Jail Administrator concerning cost and alternative payment providers. 1.03 ADDITIONAL SERVICES: Services to be provided pursuant to this Contract, but at an additional fee as set forth in Article III herein, include diagnostic testing, whether routine or otherwise, extended long-term medical treatment programs requiring more than a few treatments for a given malady, treatment outside the Jail for medical services provided at clinics operated by the Service Provider. Inmates will be taken to the Service Provider's office when practical rather than the emergency room. Prescriptions prescribed shall be cost-effective, and generics shall be used whenever practical. No sleep aids or narcotics shall be prescribed. ~, ~~ ' ~ ,.1*' ARTICLE II INMATE SERVICES 2.01 SCOPE OF SERVICES: The Service Provider upon referral from the Jail Administrator or Licensed Vocational Nurse (hereinafter referred to as ilL VN") shall treat inmates that are incarcerated in the Calhoun County Jail. Services are to include consultation and/or assistance of/with a L VN and/or the Jail Administrafor. Consultation may be by phone or on-site. Consultation is to be diagnostic in nature to determine possible medical malady and appropriate medical course of action. Also, the Service Provider will provide physical examinations on site, as requested, within the Infirmary at the Jail when phone consultation does not seem appropriate or prudent to solve an inmate's medical dilemma. A licensed nurse shall be provided at the jail at least 3 to 4 times a week at a set time of day so the medical needs of the inmates can be satisfied as required by the Texas Commission on Jail Standards. A licensed medical practitioner shall make a minimum of two (2) visits to the facility per week to treaUsee inmates. 2.02 PROCEDURE: The L VN will routinely on a daily basis handle medical sick call in the Jail except when it is beyond their expertise. When medical concerns of inmates is beyond the ability of LVN, phone consultation with Service Provider will be initiated. If phone consultation is inadequate in the opinion of both the Jail Administrator and LVN, on-site medical consultation will be requested of Service Provider. 2.03 ADDITIONAL SERVICES: Services to be provided pursuant to this Contract, but at an additional fee as set forth in Article III herein, include diagnostic testing, extended long term medical treatment programs requiring more than minor intervention, testing at the Service Provider's clinics, x-rays, physical examinations, lab work or emergency medical treatment in an emergency roo"m, hospital care and therapy as deemed appropriate to solve an inmate's medical dilemma. 2.04 REPORTING RESPONSIBILITIES: Phone consultation will be documented by LVN in inmate's medical file. On-site consultation will require Service Provider to provide case notes in inmate's medical file. The Service Provider will inform the Jail Administrator or LVN during consultation of the need for testing, x-rays, lab work or emergency treatment. The Service Provider will communicate in writing with the Jail Administrator or LVN, the inmate's need for follow- up treatment or referral to a medical specialist or relocation for medical treatment, which communication shall be made part of the inmate's medical file. ARTICLE III FEES 3.01 PROFESSIONAL FEES: MINIMUM OF 2 VISITS TO FACILITY PER WEEK BY LICENSED PHYSICIAN Physician Charges: $ /Hour = Hourly Cost Free per week then $ / = Charge per Telephone Consultation LVN Charges: MINIMUM OF 3 - 4 VISITS TO FACILITY PER WEEK $ /Hour = Hourly Cost Free per week then $ / = Charge per Telephone Consultation This Contract shall begin January 1,2009 and end December 31,2009. Charges for any outside-the-Jail treatment of inmates at any clinic operated by the Service Provider, or a physician's certificate related to a mental health commitment, or treatment of an inmate at a hospital emergency room or for any unusual diagnostic charge, laboratory charge or physical exams, or extended treatment program made under this contract will be either billed by the Service Provider as provided below, or by the independent laboratory or facility that provides such service. 3.02 BILLING: The Service Provider will submit an invoice monthly, within 15 days of each contract month.' The Service Provider will bill Calhoun County Adult Detention Center using his/her standard Invoice for Services for the herein agreed fee. For services not covered by the Service Provider's agreed fee, the Service Provider will invoice Calhoun County Adult Detention Center using his standard invoice for Services, showing Date of Service, Inmate Number, Test or Service Performed with itemized costs for each, and Extended Total, at his standard prevailing prices, which shall also be stated on the bill. Calhoun County shall pay for services monthly after the bill is approved by the Auditor's Office and Commissioners' Court. Commissioners' Court meets the second and fourth Thursday of each month. No payment can be made until Commissioners' Court approves bills for payment. ARTICLE IV ADMINISTRATION OF CONTRACT 4.01 TRANSPORTATION If the Service Provider has assessed that an inmate needs to be relocated from the Jail for medical service of any kind or for any reason, this assessment will be relayed at the earliest possible time to the Sheriff, Jail Administrator or his agent, so that immediate action can be taken. The Sheriff's Department shall ,be responsible for initiating any paperwork which may be needed to re-Iocate or transport the inmate for such treatment and for the transportation to an appropriate facility. 4.02 ACCESS TO FILES: Once an inmate has been referred to the Service Provider, the Service Provider will be allowed to have access to that inmate's personnel and medical file. Additionally, the Service Provider will have access to the medical screening documents used by the Jail staff and L VN to access an inmate's medical history and potential medical concerns, if such records are not part of an inmate's personal or medical file. A written request for such access is not required to be filed with the Sheriff's Department. Under ordinary circumstances, presenting an inmate for medical treatment will be evidence of the authority for access of such records by the Service Provider. 4.03 SUPPORT: While on-site, the Jail Administrator shall be responsible for providing the Service Provider with any reasonable support, assistance or security that may be requested. 4.04 PATIENT ACCEPTANCE: The Service Provider is under no obligation to accept for medical treatment an inmate that the Service Provider deems inappropriate for treatment, however, it is not anticipated that this would ever be likely in the course of this contract. ARTICLE V INSURANCE 5.01 Each party to this agreement is responsible for maintaining their own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this contract a malpractice Insurance policy and a General Liability Policy naming Calhoun County as an additional insured while providing services at the Calhoun County Adult Detention Center, 302 W. Live Oak St., Port Lavaca, TX 77979. The Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to Calhoun County of the cancellation of such policy. .! . ARTICLE VI INDEMNITY 6.01 The Service Provider agrees to and shall indemnify and hold harmless and defend Calhoun County, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of contract arising out of orin connection with any work done by the Service Provider pursuant to this Agreement. ARTICLE VII INDEPENDENT CONTRACTOR 7.01 In all activities or services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of Calhoun County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Contract. The Service Provider shall supply all labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. Calhoun County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Contract. 7.02 The Service Provider shall retain personal control and shall give his personal attention to the faithful prosecution and completion of the services contracted for herein and fulfillment of this Agreement. ARTICLE VIII LICENSING 8.01 The Service Provider is required to maintain all applicable licensing permits to practice medicine. Further, all permits to or certification necessary to operate the Service Provider's clinics shall be maintained. Copies of any applicable licenses are to be filed with Calhoun County. ARTICLE IX DEFAULT 9.01 EVENTS OF DEFAULT: The following occurrences shall be considered events of default: A. Failure to maintain license to practice medicine or any restrictions being placed upon such license by the State Board of Medicine making the providing of services hereunder impossible or difficult. B. Failure to maintaJn all permits and licenses necessary to keep Service Provider's c1inic(s) in operation. , ~ ~ C. Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, Calhoun County may terminate this Contract on three (3) days written notice mailed by certified mail, return receipt requested to the address listed below. ARTICLE X GENERAL PROVISIONS 10.01 VENUE: The venue of this contract is Calhoun County, Texas, and this contract shall be governed by and in accordance with the laws of the State of Texas. 10.02 TERMINATION: This contract may be terminated by either party upon thirty (30) days written notice. Such notice shall be mailed return receipt requested to the non-terminating party at the addresses listed below. 10.03 TERM: The term of this contract will be from January 1, 2009 through December 31,2009. Any changes in the terms or conditions will necessitate the initiation of a new contract. SERVICE PROVIDER BY: Date MD CALHOUN COUNTY, TEXAS BY: Michael J Pfeifer, County Judge DATE 211 South Ann Street Port Lavaca, TX 77979 AMEND CURRENT RIGHT OF WAY, CULVERT AND DRIVEWAY ORDER ADOPTED ON JULY 24, 2008: ' A Motion was made by Commissioner Fritsch and seconded by Commissioner Galvan to amend the Current Right-of-Way, Culvert and Driveway Order Adopted on July 24, 2008. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. '" CALHOUN COUNTY RIGHT OF WAY, CULVERT AND DRIVEWAY ORDER Purpose Regulate easements located outside the boundaries of incorporated cities provided for public use for roadways and drainage in Calhoun County, Texas, and to ensure the proper maintenance of the roadways and drainage on said easements. Authoritv Section 251.003 of the Texas Transportation Code states that the Commissioner's Court may make and enforce all necessary rules and order for the construction and maintenance of public roads. N ecessitv The Calhoun County Commissioner's Court finds that a necessity exists for the enactment of rules for the construction of culverts and driveways in Calhoun County, Texas. A problem has been created by various landowners building concrete driveways out into the county easements with long and difficult culverts for maintenance of drainage. This construction has made it difficult, ifnot impossible for Calhoun County to properly maintain the roads and drainage of the roads. The roads are asphalt and cannot be resurfaced without encountering obstructions ofthe concrete driveways. The culverts fill up with sand and debris and cannot be cleaned out and kept free for drainage. Prior Order Overruled On July 22, 2004 the Calhoun County Commissioner's Court entered an order approving Calhoun County Culvert Installation Policy as found in Volume 30 page 263. This order expressly overrules and replaces this prior order. The permit form on page 264 may still be used if a Commissioner wishes to do so. Rules for Culverts and Drivewavs 1. A permit from Calhoun County is required for any culvert, driveway or other structure to be placed within a County right of way in Calhoun County Texas. There will be no charge for this permit. 2. Culvert types and sizes must be approved by the County Commissioner prior to their placement. The County Commissioner or his agent or employee must inspect the site to make determination on the structure, culvert or driveway and its placement. Culverts cannot be less than 15 inches in diameter or less than 20 feet long. Culverts cannot be longer than 30 feet. Driveways cannot be less than 20 feet wide or greater than 30 feet wide. The culvert must be made of steel, concrete or plastic material strong enough to withstand the weight of any vehicle reasonably likely to cross the culvert including the weight of a fully loaded fire truck. Driveways located upon the county easement cannot be made of concrete but must be made of asphalt, lime tone, aggregate, gravel or other flexible material to facilitate road and drainage maintenance on the County easement. In special circumstances the County Commissioner may waive the length or size requirements and allow for greater or lesser length or size of culverts and widths of driveways. 3. Calhoun County will not sell, set or deliver culverts for installation or use. All persons needing culverts must acquire them and have them delivered and installed on the site at their own expense after approval ofthe County Commissioner. All driveways will be constructed, installed and maintained by the private landowner. 4. Calhoun County is not responsible for the repair or maintenance of any culvert or driveway installed by a private landowner upon any county easement. Private landowners are to keep the culverts free from debris, dirt and material so as to provide drainage under their driveway. Calhoun County reserves the right to clean out, repair, remove or replace said culverts if the private landowner fails to maintain them. 5. All culverts must be covered with a minimum oftwo inches of flexible base material to adequately cover the culvert. PASSED AND APPROVED on this the 24 day of July, 2008. CALHOUN COUNTY COMMISSIONER'S COURT By:.1'YI.s (.J,~ ~ Michael eifer,. 0 Ju ge ATTEST: Anita Fricke, County Clerk BY:~~ Anita Fricke, Co Clerk ( .~ G\-\~U O'l-a4-0~ ft-4':~ CALHOUN COUNTY RIGHT OF WAY, CULVERT AND DRIVEWAY ORDER Purpose Regulate easements located outside the bOlmdaries of incorporated cities provided for public use for roadways and drainage in CalliolUl COlUlty, Texas, and to ensure the proper maintenance of the roadways and drainage on said easements. . Authority Section 251.003 of the Texas Transportatio:n Code states that the Commissioner's Court may make and enforce all necessary rules and order for the construction and maintenance of public roads. Necessity EnfiiiccmenL..-...........__...__._.....---.---..-..--.--_.-.--_..-..._~.__.-_.-._.._-_........._- /,-::~::'::,,,.."'10.: 1 / // \ ~ '" _....~~~~- K Section 251.161 of the Texas Transportation Code makes it a violation for an)' 0 viol;; -'~"I,a. . '. this chapter of the code and makes each violation a Class C mis r punishable by a fme ofcr drup to $200. 00. E~h da ils tia fth' . rullOn. AnYtPersonlWtho installs, owns or constructs a _..J iv vel ~ m vio a . on 0 ese escommi sa vioa ion. _.........-' ~.......~_.-..--_.~-----._~ The CalholUl County Commissioner's Court fmds that a necessity exists for the enactment of rules for the construction of culverts and driveways in CalholUl COlUlty, Texas. A problem has been created by various landowners building concrete driveways out into the county easements with long and difficult culverts for maintenance of drainage. This construction h.as made it difficult,' if not impossible for CalliOlUl COlUlty to properly maintain the roads and drainage of the roads. The roads are asphalt and cannot be resurfaced without encolUltering obstructions of the concrete driveways. The culverts fill up with sand and debris and cannot be cleaned out and kept free for drainage. .',... ..~.~........_y,... ---.--,..---_._...~----_._- --' . Prior.Orde~nverruled-... .......... J. .__.._..--/-- ~" ..." e'" '-. - ..--.. On July 22,2004 the CalhOlUl County Commissioner's Court entered an order approving Calhoun COlUlty Culvert Installation Policy as found in Volume 30 page 263. This order expressly overrules andreplaces this prior order. The pennit form on page 264 may still be used if a Commissioner wishes to do so. . Rules for Culverts and Driveways 1. A permit from Calhoun County is required for any culvert, driveway or other structure to be placed within a COlUlty right of way in CalholUl County, Texas. There will be no charge for this pennit. <.F~~ , 2. Culvert types and sizes must be approved by the County Commissioner prior to their placement. The County Co1I11I1lssioner or his agent or employee must inspect the site to make determination on the structure, culvert or driveway and its placement. Culverts cannot be less than 15 inches in diameter or less than 20 feet long. Culverts cannot be longer than 30 feet. Driveways Call110t be less than 20 feet wide or greater than 30 feet wide. The culvert niust be made of steel, concrete or plastic material strong enough to withstand the weight of any vehicle reasonably likely to cross the culvert including the weight of a fully loaded fire truck. Driveways located upon the county easement Call110t be niad~ of concrete but must be made of asphalt, limestone, aggregate, gravel or other flexible material to facilitate road and drainage maintenance on the County easement. Tn special circumstances the. County Commissioner may waive the length or size requirements and allow for greater or lesser length or size of culverts and widths of driveways. 3. Calhoun County will not sell, set or deliver culverts' for installation or use.. All persons needing culverts must acquire them and have them delivered and installed on the site at their own expense after approval of the County Commissioner. All driveways will be constructed, installed and maintained by the private landowner. 4. Calhoun County is not responsible for the repair or maintenance of any culvert or driveway installed by a private landowner upon any county easement. Private landowners are to keep the culver!:s free from debris, dirt and material so as to provide drainage under their driveway. Calhoun County reserves the right to clean out, repair, remove or replace said culverts if the private landoWIier fails to maintain them. S. All culverts must be covered with a minimum of two inches of flexible base material to adequately cover the culvert. PASSED AND APPROVED on this the 24 day of July ,2008. CALHOUN COUNTY COMMISSIONER'S COURT By: j1\-\1 J~)9: ~ Michael Pfeifer, Co J ge ATTEST: Anita Fricke, County Clerk .. By: ~~~ -Werlny h{lu \/;'1, Leptll) P-l. rlc ACCEPT FORFEITURE FUND BUDGET AMENDMENT FROM THE CRIMINAL DISTRICT ATTORNEY: A Motion was made by Judge Pfeifer and seconded by Commissioner Galvan to accept Forfeiture Fund Budget Amendment from the Criminal District Attorney. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ,.. C. · I n. t · t A I I rlIDlna IS rlc ttorney Calhoun County, Texas 4:i.,-~ ! .'1] , --. . '- .' " '......"" Half Moon Reef Lighthouse RANDY R. CRIDER Investigator DAN W. HEARD .Criminal District Attorney SHANNON E. SALYER Assistant Criminal District Attorney ALICIA FLORES Victim Assistance Coordinator DAIN WHI1WORTH Assistant Criminal District Attorney November 17,2008 JAMESD.HENDERSON Assistant Criminal District Attorney Hon. Mike Pfeifer Calhoun County Judge Calhoun County Commissioners Court RE: Forfeiture Fund Dear Judge Pfeifer and Commissioners: This letter is to advise you that I am amending the current budget of the Forfeiture Fund in the amount of $333.25 which has been paid to Ken's Enterprises for storage fees on a 2004 GMC Envoy which was seized by the Calhoun County Sheriffs Department and forfeited in Cause No. 2008-8-0554. In an agreement with the Calhoun County Sheriffs Department, the vehicle will be used by my Investigator, Randy Crider.:i As per Chapter 59 of the Code of Criminal Procedure, I do not have to submit expenditures to Commissioners Court for their approval, but only have to advise them of a change in the budget. Accordingly, there is no need for this to be placed on the agenda, but I have no objection it you wish to do so. Thank you for your attention to this matter. ne. 1, yours, 1 ~h DAN W, HEARD, Criminal District Attorney for Calhoun County, Texas DWH:jam P.O. Box 1001 · 211 South Ann Street · Port Lavaca, Texas 77979 · (361) 553-4422 · Pax (361) 553-4421 -I ADD FORFEITED VEHICLE, A 2001 CHEV~OLET TAHOE VIN# 1GNEC13T81R194130, TO CALHOUN COUNTY SHERIFF'S OFFIC.E ASSETS, TO BE USED BY INVESTIGATIONS: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to add Forfeited Vehicle, a 2001 Chevrolet Tahoe VIN #lGNEC13T81R194130, to Calhoun County Sheriff's Office Assets, to be used by investigations. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. . ~----- COUNTY OF CALHOUN SHERIFF B. B. BROWNI"G 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 t!ommJJ:JzJ. to t!c~ dV~ MBMO TO: MlD1'1"&1r.mc. COUNTY JUDGE SUBDCT: AGBNDArrBM(S) DA'1'JI:: Noveqlber lS,ii2008 Please place the tbllowing Itom(s) on the CnmmillSioners Court agenda Cor the date(s) indic:afed: . Agenda for November 24, 2008 · Consider and.take necessary action to add forfeited vehicle, a 2001 Chevrolet Tahoe VIN#lGNEC13T81R194130, to Calhoun County Sheriff's Office assets, to be used by Investigations. Siaccnly, / I~..f- .BB='~ ~ Ca1bouD Coaaty SJumf Man 0IIic8 (361) 653 .. Fsar..RImIIA ~n RR."iI.4.MA COUNTY REPORTS: The Tax Assessor/Collector presented her monthly report for the month of October 2008 and after reading and verifying same, a Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to accept said reports as presented. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. '. SUMMARY TAX ASSESSOR-COLLECTOR'S MONTHLY REPORT FOR: OCTOBER 2008 Title Certificate Fees Title Fees Paid TXDOl Title Fees Paid County Treasurer Salary Fund Motor Vehicle Registration Collections Disabled Person Fees Postage Paid TXDOT Paid TXDOT SP Paid County Treasurer Paid County Treasurer Salary Fund Motor Vehicle Sales & Use Tax Collections Paid state Treasurer Special Road/Bridge Fees Collected Paid TXDOT - RIB Fees Paid County Treasurer - RIB Fees Texas Parks & Wildlife Collections Paid Texas Parks & Wildlife Paid County Treasurer Salary Fund State Beer & Wine Collections Paid Tx Alcoholic Beverage Commission Paid County Treasurer, Salary Fund County Beer & Wine Collections Paid County Treasurer, County Beer & Wine Paid County Treasurer, Salary Fund Renewal Fees for County Beer & Wine Paid County Treasurer - Renewal F Additional Postage - Vehicle Registration, Paid County Treasurer - Additional Po~i1g,El.:::i:1 . < . Interest earned on P&W $ 5.79 and'. Refund $ Accounts '. r Paid County Treasurer - Int. on P&W & Ref Interest earned on Office Account Paid county Treasurer - Nav. East Paid County Treasurer - all other districts Business Personal Property - Misc. Fees Paid County Treasurer Special Overpayments Paid County Treasurer Overpayments Current Tax Collections Penalty and Interest - Current Roll Discount for early payment of taxes Delinquent Tax Collections Penalty & Interest - Delinquent Roll Collections for Delinquent Tax Attorney Advance - FM & L Taxes Advance - County AdValorem Taxes Paid County Treasurer - Nav. East Paid County Treasurer - .all other Districts Paid County Treasurer.~Delinq Tax Atty. Fee $ 7,280.00 $ $ $ 117,822.43 10.00 188.00 $ 409,356.34 $ 17,520.00 $ 3.250.00 $ 2,640.00 $ 747.50 $ 14.00 $ 18.07 ,$:" 5.79 $ 119.77 $ 395.80 $ $ $ $ 125.49 1,809,828.17 $ $ $ 4,313.54 6,174.53 3,689.91 $ $ 4,580;00 2,700.00 $ $ $ $ 112,231.80 577 .33 f,211.30 $ 409,356.34 $ $ 525.60 16,994.40 $ $ 2,925.00 325.00 $ $ 2,590.25 49.75 $ $ 710.13 37.37 $ 14.00 $ 18.07 $ $ $ 0.54 119.23 $ $ 395.80 $ 54,243.39 $ $ $ $ $. 14.43 1,600,279.03 8,485.25 157,419.63 3,689.91 let 5.79 Payment in Lieu of Taxes $ Paid County Treasurer - Navig. East $ Paid County Treasurer - All other Districts $ BoatIMotor Sales & Use Tax Collections $ 6,940.76 Paid State Treasurer $ 6,593.72 Paid County Treasurer, Salary Fund $ 347.04 Special Farmers Fees Collected $ 120.00 Paid State Treasurer, Farmers Fees $ 120.00 Hot Check Collection Charges $ 75.00 Paid County Treasurers, Hot Check Charge $ 75.00 Overage on Collection/Assessing Fees $ Paid County Treasurer, overage refundE $ Escheats $ Paid County Treasurer-escheats $ TOTAL $ 2,390,635.10 $ 2,390,635.10 $ 2,390,635.10 TOTAL OF ABOVE RECEIPTS PAID TO COUNTY GLORIA A. OCHOA Tax Assessor-Collector MICHAEL J. PFEIFER Courity Judge ACCOUNTS ALLOWED - COUNTY: Claims totaling $686,023.16 were presented by the County Treasurer and after reading and verifying same; a Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - MEMORIAL MEDICAL CENTER: Claims totaling $1,815,133.81 were presented by the County Treasurer and after reading and verifying same; a Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch that said claims be approve for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - INDIGENT HEALTHCARE: Claims totaling $119,378.50 were presented by the County Treasurer and after reading and verifying same; a Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch that said claims be approve for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. DECLARE A 2002 FORD CROWN VICTORIA VIN #2FAFP71W02X156938, ASSET #565- 0506 AS A SURPLUS SALVAGE: A Motion was made by Commissioner Galvan clnd seconded by Commissioner Frtisch to Declare a 2002 Ford Crown Victoria VIN #2FAFP71W02X15638, Asset #565-0506, as surplus Salvage. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ,( ,~ .,. ;"'"", ,/" COUNTY OF CALHOUN i~HERIFF B. B. BROWN'"G 211 SOUTH ANN STREET PpRT LAVACA, TEXAS n979 tktnn1.ll:bJ to ~ dVvuk - .MDfO TO: MlKBh'tlwmc. ~ JUOOB S1JBJEC.l': AGBNDAl1EM(S) DATE: Novell1ber 1S; 2008 Please place the fbllowiDg item(S) on the CnmmillSioners Court agenda tOr the date(s) indicated: Agenda for November 24, 2008 · Consider and take necessary action to accept CalhouDCounty Sheriff's Office asset#565"()506, a 2002 Ford CroWD Victoria VIN#2FAFP71W02X156938 II . as Surplus/Salvage. SiDcnly. . / ./~..t'- .BB=.---- -:J 0t1h0ua COIIJIty SberiIf MaIn 0IIce (381) 653 .. FsI,...IlImlIA IMt\ fCR.'iL.ttMA BUDGET ADJUSTMENTS: A Motion was made by Commissioner Galvan and seconded by Commissioner Finster that the following Budget Adjustments be approved. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 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