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2006-08-24 '" -c.., Regular August Term Held August 24, 2006 THE STATE OF TEXAS ~ ~ COUNTY.OF CALHOUN ~ BE IT REMEMBERED, that on this 24th day of August, A.D., 2006 there was begun and holden in the Commissioners' Courtroom in the Memorial Medical Plaza in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to-wit: Michael J. Pfeifer Roger C. Galvan Michael J. Balajka Neil E. Fritsch Kenneth W. Finster Wendy Marvin County Judge Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 Deputy County Clerk Thereupon the following proceedings were had: Roger Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. HEAR REPORT FROM MEMORIAL MEDICAL CENTER: Jamie Jacoby presented the Memorial Medical Center monthly financial report for the month of July 2006. Mr. Jacoby stated that the month of July was a bit slow from a gross revenue standpoint. The inpatient revenues were down due to low census early in the month, but the out patient revenues remained good, but the month as a whole turned out well with a positive bottom line and an increase in cash. ~~ !', '- MEMORIAL MEDICAL. CENTER 815 N. Virginia Street Port Lavaca, TX 77979. (361) 552-6713 CFO REPORT AUGUST 2006 The month of July was a bit slow from a gross revenue standpoint. The inpatient revenues were down due to low census early in the month, but the outpatient revenues remained good. The month as a whole turned out well with a positive bottom line and an increase in cash. The cash number continues to be good. As ofthe date of this report, August15, there IS $3.75 million in the bank, but we will need to repay Medicare $500,000 that they overpaid earlyin the month. CASH Cash increased during July by $232,000 to end the month with a cash balance of $3,211,047. Thisrepresents 59 days of cash on hand. We are steadily moving toward that number of 180 days, but there is a long ways to go. RECEIVABLES Receivables increased during June by $119,848. The days of revenue in gross patient receivables is 41.8; an increase in days and the highest level we have had in several months, but it is still a good number. Our peer average is 56 days. CURRENT LIABILITIES Current liabilities increased by $106,736 during the inonth, the biggest part of this is accrued salaries. CURRENt RATIO The current ration at June 30 was 4.09:1. REVENUES Revenues for May were $3,056,072. This is below budget but exceeds the prior year. Y ear-to-dategross revenllesare just $79,000 under budget. Year to date adjustments to revenue are below both budget and the prior year. Net revt:mues are significantly over Page 1 of2 i J I \. budget and prior year both in the current month and in the year to date. Net revenues year to date are $13,010,490. EXPENSES Expenses for July exceed budget and prior year. Employee benefits, professional fees and utilities continue to run significantly over budget. NET The net operating gain for July was $329,000 and the net after depreciation was $223,462. f\pe:t[UllY submilt d, Va:ine:{;ZObY, CPA Chief Financial Officer Page 2 of2 ~ MEMORIAL MEDICAL CENTER GRAPHIC PROFIT AND LOSS STATEMENT $1,400,000 $1,200,000 ~ $1,000,000 :J $800,000 ...J $600,000 15 $400,000' $200,000 $0 $2,000,000 (f) $1,500,000 0:: <l: $1,000,000 ...J ...J 0 Cl $500,000 $0 $2,000,000 (f) $1,500,000 0:: <l: $1,000,000 ...J ...J 0 Cl $500,000 $0 $400,000 $300,000 (f) $200,000 0:: <l: $100,000 ...J ...J 0 Cl $0 ($100,000) , ($200,000) INPATIENT REVENUE 2005.2006 $3,000,000 $2,500,000 ~ $2,000,000 :J $1,500,000 ...J 15 $1,000,000 $500,000 $0 -'I "'",~~~ c" c"-'lc,,"',,, 01>00", MONTH 2005 -It- 2006 I REVENUE DEDUCTIONS 2005.2006 $50,000 $40,000 (f) ~ $30,000 ...J <5 $20,000 Cl -'I "',,~~~ c" c"-'lu"',, 01>00" $10,000 $0 MONTH I 2005 -II- 2006 I OPERATING EXPENSE 2005-2006 OUTPATIENT REVENUE 2005.2006 -'I "',,~~.~ c" u"c""',, 01>00" MONTH , U' 2005 __ 2006 I OTHER REVENUE 2005-2006 -'I"',,~~~ u u-'lu"'", 01>00", MONTH Ie. 2005 -II- 2006 I NON-OPERATING EXPENSE 2005-2006 $250,000 $200,000 (f) 0:: $150,000 <l: ...J ...J $100,000 0 Cl $50,000 $0 -'I <;<-~~~ c" c"-'lc,,"',,, 01>0<t:- MONTH 2005 -It- 2006 I NET GAIN(LOSS) 2005-2006 $2,250,000 $2,000,000 (f) ~ $1.750,000 ...J <5 $1,500,000 Cl $1,250,000 $1,000,000 MONTH 2005 ---- 2006 I -'I "'",~~<,-'I u u-'lu"'" 01>0<t:- MONTH 2005 -II- 2006 I REVENUE & EXPENSE 2005-2006 J""'os 4or,os ""'-oS Cbt'os J.~'Cls- 4or'Cls- J""q;. Cbt'q;. MONTH REVENUES - EXPENSES I MEMORIAL MEDICAL CENTER GRAPHIC BALANCE SHEET $3,500,000 $3,000,000 ~ $2,500,000 ::5 $2,000,000 <5 $1,500,000 c $1,000,000 $500,000 $0 $500,000 $480,000 ~ $460,000 ::5 $440,000 ~ g $420,000 $400,000 $380,000 CASH 2005-2006 ACCOUNTS RECEIVABLE 2005-2006 $3,500,000 $3,000,000 ~ $2,500,000 ::5 $2,000,000 <5 $1,500,000 c $1,000,000 $500,000 $0 ~ ~ ~ ~ ~I- ~ '"tc ~ ~ '0,. ~ ~ MONTH Ii' - 2005 --- 2006 I INVENTORIES 2005-2006 $250,000 $200,000 tJ) 0:: $150,000 <( ~ ~ $100,000 0 c $50,000 $0 -. .<-"'~~%, V v-'v"'", 01-00", MONTH I ,"' 2005 --- 2006 I PLANT AND EQUIPMENT 2005-2006 $8,000,000 $7,000,000 tJ) $6,000,000 ~ $5,000,000 :J $4,000,000 o $3,000,000 C $2,000,000 $1,000,000 $0 $1,800,000 $1,600,000 $1,400,000 ~ $1,200,000 :3 $1,000,000 <5 $800,000 C $600,000 $400,000 $200,000 $0 -. ~%,~%, V v-'v"'", 01-00", MONTH " 2005 --- 2006 I LONG-TERM LIABILITIES 2005-2006 $2,000,000 tJ) $1,500,000 0:: <( $1,000,000 ~ ~ 0 C $500,000 $0 $10,000,000 $9,800,000 tJ) $9,600,000 ~ $9,400,000 ~ <5 $9,200,000 C $9,000,000 $8,800,000 $8,600,000 "'lv~~~~I-~'"tc ~~'0,.~~ MONTH 2005--11- 20061 ;oF ~",'b .;- .f" /' iF ~ .;>6 ",r8 &" ~O'" 0",0 MONTH I". . 2005 --- 20061 PREPAID EXPENSES 2005-2006 -1 ",1"-1-1,,,%, c;, v-1c;, '" 01-00", MONTH I + 2005 --- 2006 I CURRENT LIABILITIES 2005-2006 ~~~~~I-~'"tc ~~'10~~~ MONTH I ..~ . 2005 --II- 2006 I FUND BALANCES 2005-2006 -1 .<-",%,~%, V v-1vO'''' o1-oq, MONTH 2005 -II- 2006 I NET GAIN\(LOSS) YTD CHANGE IN INVESTMENT: Accounts Reeeivable- (Iner) Deer Current Liabilities- Iner (Deer) Prepaid Expense- (Iner) Deer Inventory (Incr) Decr Long Term Liabilities Iner (Deer) TOTAL INVESTMENT CHANGE (INCR) DECR PLUS: Depreciation Total Cash- Incr (Deer) LESS: Equipment Purchases NET CASH- INCR (DECR) MEMORIAL MEDICAL CENTER YEAR- TO-DATE SUMMARY JULY 31, 2006 (209,993) 190, 111 (53,786) (26,439) (234,098) 739,503 (334,205) 405,297 752,507 1,157,805 1,157,805 (196,618) 961, 1 87 1 MEMORIAL MEDICAL CENTER PORT LA V ACA, TEXAS PHYSICIAN'S ANALYSIS REPORT JULY 31,2006 Y1D YID YID REVENUE CONTRACTUAL WRlTE-OFF NET REVENUE NAME MONTH YTD AMOUNT AMOUNT GENERATED PERCENT WILLIAM, G.A. 75,607.25 571,346.59 123,268.67 . 34,280.80 413,797.13 72% LIN, M.S. 113,950.29 1,015,984.78 463,821.65 60,959.09 491,204.04 48% SMITH, lK. 9,130.46 321,938.90 138,761.28 19,316.33 163,861.28 51% MCFARLAND, T.R. 328,135.35 1,780,794.39 539,879.55 106,847.66 1,134,067.17 64% GRIFFIN, JEANNINE 9,269.14 9~,198.18 22,572.77 5,951. 89 70,673.51 71% BUNNELL, D.P. 300,558.37 2,070,848.28 926,710.72 124,250:90 1,019,886.66 49% NIRATSUWAN 51,400.72 586,606.44 240,055.66 35,196.39 311,354.39 53% ARROYO-DIAZ, R. 240,332.23 1,398,124.47 633,257.07 83,887.47 680,979.93 49% CROWLEY, W 214,412.20 1,968,477.14 738,956.71 118,108.63 1,111,411.80 56% CUMMINS, M. 9,958.40 273,313.60 77,355.84 16,398.82 179,558. 94 66% RUPLEY,M. 6,114.29 175,466.66 70,674.80 10,528.00 94,263.86 54% LEE,J 104,972.42 685,453.39 254,721.60 41,127.20 389,604.59 57% JOHNSON, l 55,319.32 369,475.81 142,840.01 , 22,168.55 204,467.25 55% STEINBERG, R. 11,303.30 75,946.56 12,177.74 4,556.79 59,212.03 78% RAMOS LABORATORY 2,659.16 30,649.50 33.93 1,838.97 28,776.60 94% VISITING PHYSICIANS 681,247.69 4,607,971.58 1,695,238.74 276,478.29 2,636,254.55 57% ERPHYSICIANS 673,941.02 4,947,155.68 973,157.90 218,7 56.23 3,755,241.55 76% NO LOCAL PHYSICIAN 5,119.30 8,411.78 1,097.32 504.71 6,809.75 81% OTHER 162,642.46 1,600,935.34 285,908.30 96,056.12 1,218,970.92 76% TOTAL 3,056,073.36 22,588,099.06 7,340,490.26 1,277,212.83 13,970,395.97 62% I 3 MEMORIAL MEDICAL CENTER BALANCE SHEET 08/12/06 10:53 AM AS OF: 07/31/06 THIS YEAR LAST YEAR LAST MONTH 07/31/06 07/31105 06/30/06 CURRENT LIABILITIES ACCOUNTS PAYABLE 371,802.03 324,597.21 329,785.52 ACCRUED PAYABLES 113,852.77 144,777 .42 83,447.03 ACCRUED PAYROLL 493,200.00 320,539.66 426,719.52 ACCRUED RETIREMENT 36,109.37 .49 36,109.40 ACCRUED STATE SALES TAX 1465.31) 303.85 (355.54) THIRD PARTY PAYABLES .00 .00 .00 RETENTION-CONSTRUCTION IN PROGRES .00 .00 .00 ACCRUED VACATION/HOLIDAY/SICK 292,330.45 310,109.32 292,330.45 CAPITAL LEASES OBLIGATION 341,504.03 328,102.15 373,560.39 MMP BONDS .00 .00 .00 REPORTABLE BOND DISCOUNT .00 .00 .00 HOSP OBLIGATION FOR BONDS .00 .00 .00 ----------- ---- -----..... ----- --------------- TOTAL CURRENT LIABILITIES............... 1,648,333.34 1,428,430.10 1,541,596.77 LONG TERM LIABILITIES MMP BONDS .00 .00 .00 LONG TERM LEASE 633,967.68 1,047,279.46 670,483.00 --------------- --------------- --------------- TOTAL LONG TERM LIABILITIES. . . . . . . . . . . . . 633,967.68 1,047,279.46 670,483.00 TOTAL LIABILITIES................... . . . . 2,282,301.02 2,475,709.56 2,212,079.77 --------------- --------------- -- ------------- -- ----- -----._- --------------- --------- ------ RETAINED EARNINGS GENERAL FUND BALANCES 9,142,548.04 8,981,748.17 9,160,281.04 YEAR-TO-DATE GAINILOSS 735,901.33 462,436.57 512,439.17 --.-------- ---- - - ---.-.--._--- -- --- -._.-._--- TOTAL GENERAL FUND BALANCE. . . . .... . . . . . . 9,878,449.37 9,444,184.74 9,672,720.21 --------------- --------------- --------------- --------------- --------------- --------------- TOTAL UNRESTRICTED LIABILITIES.......... 12,160,750.39 11,919,894.30 11,884,799.98 --------------- ------- -------- ------- -- ------ --------------- ---- --- ----- --- --------------- RESTRI CTED FUND ASSETS MEMORIAL FUND FORMOSA TRUST 17,887.84 533,637.41 17,621.63 533,637.41 17,865.08 533,637.41 TOTAL RESTRICTED FUND ASSETS. . . . . . . . . 551,525.25 551,259.04 551,502.49 --------------- ---- ----------- ------ - -------- - -------------- --------------- ------------- -... RESTRICTED FUND LIABILITIES RESTRICTED FUND BALANCE FORMOSA TRUST BALANCE 17,887.84 533,637.41 17,621.63 533,637.41 132.08 533,637.41 TOTAL RESTRICTED FUND LIAB. . . 551,525,25 551,259.04 533,769.49 ---- -...--------- ---------- ----- --------------- --------------- ... --------- ----- ---- ----------- , i J MEMORIAL MEDICAL CENTER OPERATING STATEMENT For the 07 Months Ending July 31. 2006 Page -1- 7 MEMORIAL MEDICAL CENTER PATIENT STATISTICS JUL Y 2006 THIS MONTH THIS YEAR LAST YEAR THIS MONTH LAST YEAR TO DATE TO DATE PATIENTS ADMITTED 118 100 835 842 ADMISSIONS FROM ER 30 28 158 314 AVERAGE LENGTH OF STAY 3.36 3.33 3.65 3.51 PATIENT DAYS OF SERVICE 396 333 3,051 2,957 PERCENT OF OCCUPANCY* 51.10% 42.97% 57.57% 55.53% AVERAGE DAILY CENSUS 12.77 10.74 14.39 13.88 MAXIMUM ON ANY ONE DAY 24 22 24 27 MINIMUM ON ANY ONE DAY 5 3 4 3 ADJUSTED PATIENT DAYS 1,551 1,386 11,500 10,719 SWING BED DAYS 34 23 217 326 ICU PATIENTS ADMITTED 30 24 223 237 ICU PATIENT DAYS 70 46 518 526 OB'S ADMITTED 12 12 93 84 OB DAYS OF SERVICE 29 24 208 183 PEDIATRIC ADMISSIONS 0 7 32 PEDIA TRIC DAYS OF SERVICE 0 20 80 NEWBORNS FOR MONTH 11 10 82 70 AVERAGE LENGTH OF STAY 2.09 2.10 2.09 1.90 DA YS OF SERVICE 23 21 171 133 MEDICARE PATIENTS ADMITTED 69 52 446 447 AVERAGE LENGTH OF STAY 3.80 4.15 4.41 4.24 DA YS OF SERVICE 262 216 1,966 1,896 MEDICAID PATIENTS ADMITTED 11 15 124 126 DA YS OF SERVICE 24 28 305 309 DEATHS 5 0 25 22 AUTOPSIES 0 0 1 1 SURGERY: INPATIENT PROCEDURES 7 9 74 73 OUTPATIENT PROCEDURES 97 100 749 733 CESAREAN SECTIONS" 5 2 30 13 TOTALS 109 111 853 819 *Based on 25 beds I 9 THIS MONTH THIS YEAR THIS MONTH THIS MONTH LAST YEAR TO DATE LAST YEAR HOME HEALTH CARE: MEDICARE VISITS 721 725 5,424 5,666 OTHER VISITS 19 26 122 114 STISS 2 1 7 19 TOTALS 742 752 5,553 5,799 DIETARY: MEALS SERVED TO PATIENTS 1,230 1,062 10,093 10,190 MEALS SERVED IN CAFETERIA 3,740 3,029 26,259 21,691 TOTALS 4,970 4,091 36,352 31,881 DIETITIAN CONSUL TS COST PER PATIENT DAY WIO DEPR 4,251.81 4,718.12 3,776.49 3,650.71 INCOME PER PATIENT DAY 5,082.61 4,700.46 4,264.34 4,086.97 BREAKEVEN WIO DEPRECIATION 10.28 10.78 12.53 12.28 AVERAGE DAILY CENSUS 12.77 10.74 14.39 13.88 PATIENTS ABOVE I BELOW BREAKEVEN 2.49 (0.04) 1.86 1.60 COST PER ADJ. PT. DAY WIO DEP. 1,085.62 1,133.76 1,749.22 1,007.10 INCOME PER ADJ. PT. DAY 1,297.75 1,129.52 1,975.18 1,127.45 11 r~EMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT 08/12/06 10:54 AM FOR THE 7 MONTHS ENDING 07/31/06 ___O_Om SIN G L E M 0 NTH m_______ ------------ YEA R TO D ATE ----------,- ACTUAL BUDGET $ VARIANCE % VAR ACTUAL BUDGET $ VARIANCE % VAR SURGERY AND RECOVERY ROOM REVENUE INPATIENT RBVENU 33,849.30 30,616.25 3,233.05 10.55 235,369.35 214,313.75 21,055.60 9.82 OUTPATIENT REVEN 108,650,30 125,083.62 (16,433.32) (13.13) 852,281.80 875,585.34 . (23,30);54 ) (2.66) TOTAL REVENUE. 142,499.60 155,699.87 (13,200.27) (8.47) 1,087,651.15 1,089.899.09 12,247.94) (.20) EXPENSES SALMI ES 47,161.80 48,944.42 1,782.62 3.64 313,08Ul 342,610.94 29,526.63 8,61 LEASE AND RENTAL 71LO 0 412.50 (298.50) (72.36) 4,976.50 2,887.50 (2,089.001 172.34) OTHER EXPENSES 27,983,81 32,948.78 4,964.97 15.06 193,711.53 230,641.46 36,929.93 16.01 TOTAL EXPENSES 75,856.61 82,305.70 6,449.09 7.83 511,772.34 576,139.90 64,367.56 11.17 -------------- ------------- ------- ------- --------- .---- ~- -- --...... -- -_.. -- ----- ---- --.. NET GAUl/ (LOSS 66,642.99 73,394.17 (6,751.18) (9.19) 575,878.81 513,759.19 62,119.62 12.09 SWING BED REVENUE ROUTUlE REVENUE 4,200.00 .00 4,200.00 .00 28,970.00 .00 28,970.00 .00 TOTAL REVENUE. 4,200.00 .00 4,200.00 .00 28,970.00 .00 28,970.00 .00 EXPENSES SALARIES .00 .00 .00 .00 37.63 .00 (37.63) .00 OTHER EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 TOTAL EXPENSES .00 .00 .00 .00 37.63 .00 (37.63) .00 -------------- ---- ----- ---- -------------- -------------- -------------- -------------- NET GAIN/REVEN 4,200.00 .00 4,200.00 .00 28,932.37 .00 28,932.37 .00 OBSERVATION REVENUE REVENUE INPATIENT REVENU 500.00 .00 500.00 .00 23,380.00 .00 23,380.00 .00 OUTPATIENT REVEN .00 .00 .00 .00 1,000.00 .00 1,000.00 .00 TOTAL REVENUE. 500 i 00 .00 500.00 .00 24,380.00 .00 24,380.00 .00 LABOR AND DELIVERY REVENUE INPATIENT REVENU 1,669.75 1,376.83 292.92 21.27 2,473.25 9,637.81 (7,164.561 (74.33) OUTPATIENT REVEN 544.00 243.71 300.29 123.21 6,394.75 1,705.97 4,688.78 274.84 TOTAL REVENUE. 2,213.75 1,620.54 593.21 36.60 8,868.00 11,343.7B (2,475.78) (21.82) EXPENSES SALARIES 8,368.90 7,543.00 (825.90) (10.94) 56,029.39 52,80LOO (3,228.39) (6.11) OTHER EXPENSES 4,449.52 879.17 (3,570.35) (406.10) 22,408.86 6,154.19 116,254.671 (264.121 TOTAL EXPENSES 12,818.42 8,422.17 (4,396.25) (52,19) 78,438.25 58,955.19 119,483.061 133.04) ____w________.. ---- -- ------- -------------- ---------_....-- -------------- ----------..--- NET GAIN/ (LOSS (10,604.67) (6,801.63 ) (3,803.04) (55.91) (69,570.25) (47,611.41) (21,958,84) (46.121 MEMORIAL MEDICAL CENTER DEPARTMENTAL. iNCOME STATEMENT 08/12/06 10:54 AM FOR THE 7 MONTHS ENDING 07/31/06 _____u__ SIN G L E M 0 NTH ---------- ------------ YEA R TO D ATE _________n_ ACTUAL BUDGET $ VARIANCE % VAR ACTUAL BUDGET $ VARIANCE % VAR EMERGENCY ROOM REVENUE INPATIENT REVENU 15,755.00 41,458.25 (25,703.251 (61.991 104,658.75 290,207.75 1185,549.001 (63,93) OUTPATIENT REVEN 207,805.75 193,129.83 14,675.92 . 7.59 1,448,388.50 1,351,908.81 96,479.69 7.13 TOTAL REVENUE. 223,560.75 234,588.08 (11,027.33) (4.70) 1,553,047.25 1,642,116.56 (89,069.31) (5.42) EXPENSES SALARIES 72,060.72 75,738.50 3,677.78 4.85 476,399.24 530,169.50 53,770.26 10.14 PROFESSIONAL FEE 82,515.92 78,284.33 (4,231.59) (5.40) 554,353.31 54U90.31 (6,363.00 ) (1.16) LEASE & RENTAL 2,117.31 1,524.00 (593.31) (38.93) 15,452.29 10,668.00 (4,784.29) (44.841 OTHER EXPENSES 17,753.22 21,548.59 3,795.37 17.61 142,296.76 150,840.13 8,543.37 5.66 TOTAL EXPENSES 174,447.17 177,095.42 2,648.25 1.49 1,188,501.60 1,239,667.94 51,166,34 4.12 -------------- - - --- - -- - - -~- .------ ---- --- -------------- ---.---------- -------------- NET GAIN/ILOSS 49,113.58 57,492,66 (8,379.081 (14.57) 364,545.65 402,448.62 (37,902.97) (9.411 ER PHYSICIANS REVENUE INPATIENT REVENU 12,579.00 27,639.03 (15,060.031 (54,48) 68,280.50 193,473.21 (125,192.711 (64.701 OUTPATIENT REVEN 154,074.75 151,744.93 2,329.82 1.53 1,130,887.75 1,062,214.51 68,673.24 6.46 TOTAL REVENUE. 166,653.75 179,383.96 (12,730.21) (7.09) 1,199,168.25 U55,687.72 (56,519.47) (UO) EHERGENCY MEDICAL SERVICE REVENUE INPATIENT REVENU ,00 .00 .00 .00 .00 .00 .00 ,00 OUTPATIENT REVEN .00 .00 .00 .00 .00 .00 .00 .00 TOTAL REVENUE. ,00 .00 .00 .00 .00 .00 .00 .00 EXPENSES SALARIES .00 .00 .00 .00 .00 .00 .00 .00 LEASE & RENTAL .00 .00 .00 .00 .00 .00 ,00 .00 OTHER EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 CITY SUBSIDY .00 .00 .00 .00 .00 .00 .00 .00 COUNTY SUBSIDY ,00 .00 .00 .00 .00 .00 .00 .00 TOTAL EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 --._---------. ---------.. -- ---------.---- ---------.---- -------------- ----._- ------- NET GAIN/ (LOSS .00 .00 .00 .00 .00 .00 .00 .00 LABORATORY & PATHOLOGY REVENUE INPATIENT REVENU 93,647.85 108,659.90 (15,012.05) (13.81) 744,915.28 760,619.30 (15,704.02) (2.06) OUTPATIENT REVEN 311,224.31 307,044,51 4,179.80 1.36 2,241,504.69 2,149,311.57 92,193.12 4.28 TOTAL REVENUE, 404,872.16 415,704.41 (10,832.25) (2.60) 2,986,419.97 2,909,930.87 76,489.10 2,62 EXPENSES SALARI ES 42,847.89 41,311.08 11,536.81) (3.72) 298,065.23 289,177.56 18,887.67) (3.07) LEASE & RENTAL 5,557.08 4,840.08 (717.00) (14.811 49,033.00 33,880.56 (15,152.44) (44.72) OTHER EJ:PENSES 73,776.26 29,859.50 143,916.76) (147.07) 470,413.94 209,016.50 (261,397.44) (125.06) TOTAL EXPENSES 122,181.23 76,010.66 146,170.57) (60.74) 817,512.17 532,074.62 (285,437.55) (53.641 -------------- - - - - - - - - - ~ - -- - -. - - - - - - ~ - - -- -------._----- --------.----- --------._---- NET GAIN/ (LOSS 282,690.93 339,693.75 (57,002.82) (16.78) 2,168,907.BO 2,377,B56.25 (20B,94B.45) 18.78) MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT 08i12/06 10:54 AM FOR THE 7 MONTHS ENDING 07/31/06 --------- SIN G L E M 0 NTH u_u_____ --- --- --- --- YEA R TO D ATE ________uu ACTUAL BUDGET $ VARIANCE % VAR ACTUAL BUDGET $ VARIANCE % VAR RADIOLOGY REVENUE INPATIENT REVENU 7,046.25 9,435.50 (2,389.25) (25.32) 74,454.75 66,048.50 8,406.25 12.72 OUTPATIENT REVEN 98,497.40 106,611.09 (8,113.691 (7,61) 787,630.21 746,277.63 41,352.58 5.54 TOTAL REVENUE, 105;543.65 116,046.59 (10,502.941 (9.05) 862,084.96 812,326.13 49,758,83 6.12 EXPENSES SALARIES 58,283.12 46,728.33 (11,554.791 (24,72) 369,720.03 327,098.31 (42,621.72) (13.031 PROFESSIONAL FEE 4,331.60 122,50 14,209.10) (3436.00) 27,556,60 857,50 (26,699,10 ) 13113.59) OTHER EXPENSES 25,049,37 52,664.25 27,614.88 52,43 159,006.68 368,649.75 209,643,07 56,86 TOTAL EXPENSES 87,664.09 99,515.08 11,850.99 11.90 556,283;31 696,605.56 140,322.25 20,14 ---.---------- ------ ------- -------------- ------ -------- -------------- -------------- NET GAIN/ (LOSS 17,879.56 16,531.51 1,348.05 8,15 305,801.65 115,720.57 190,081.08 164 ,25 NUCLEAR MEDICINE REVENUE INPATIENT REVENU 3,124.20 5,763.00 (2,638.801 (45.78) 55,409,01 40,341.00 15,,068.01 37.35 OUTPATIENT REVEN 23,054,05 31,000.00 (7,945.95) (25,631 256,575.81 217,000.00 39,575,81 18.23 TOTAL REVENUE. 26,178.25 36,763.00 (10,584.751 (28,79) 311,984.82 257,341.00 54,643,82 21.23 EXPENSES OTHER EXPENSES 1,332.33 10,590.00 9,257.67 87.41 30,417.48 74,130,00 43,712.52 58,96 TOTAL EX PENS ES 1,332,33 10,590.00 9,257.67 87.41 30,417.48 74,130,00 43,712,52 58.96 -------------- ---- - -------. ------------.- -. --------- --- -------------- --.----------- NET GAIN/ILOSS 24,845,92 26,173 .00 11,327.08) 15,07) 281,567.34 183,211.00 98,356,34 53.68 ULTRASOUND REVENUE INPATIENT REVENU 6,480.26 6,075,01 405.25 6.67 43,185,70 42,525,07 660,63 1.55 OUTPATIENT REVEN 44,307.01 47,414.00 13,106.99) (6.55) 352,375,79 331,898,00 20,477,79 6.16 TOTAL REVENUE, 50,787.27 53,489.01 12,701.741 15.05) 395,561. 49 374,423.07 21,138.42 5,64 EXPENSES LEASE & RENTAL .00 ,00 .00 .00 .00 ,00 .00 .00 OTHER EXPENSES 2,965,73 1,163,00 11,802.731 (155.00) 25,230,56 8 i 141.00 (17,089,56) (209,91 ) TOTAL EXPENSES 2,965.73 1,163.00 (1,802,73) 1155,00) 25,230.56 8,141.00 (17,089.56) (209.911 -------- ------ ------------- ----- -. ------- --------.----- -----.-------- ----._----- --- NET GAIN/ (LOSS 47,821.54 52,326.01 (4,504.47) (8,60) 370,330.93 366,282.07 4,048.86 1.10 CT SCAN REVENUE INPATIENT REVENU 33,502,00 32,413,01 1,088.99 3.35 251,629,00 226,891. 07 24,737,93 10.90 OUTPATIENT REVEN 225,565.75 211,102.00 14,463.75 6.85 1,685,563,50 1,477,714.00 207,849.50 14,06 TOTAL REVENUE. 259,067.75 243,515.01 15,552.74 6,38 1,937,192.50 1,704,605.07 232,587,43 13.64 EXPENSES LEASE & RENTAL ,00 .00 ,00 .00 .00 ,00 .00 ,00 OTHER EXPENSES 23,303.64 14,273.00 (9,030.64) (63,27) 103,607.61 99,911,00 (3,696,61) 13,691 TOTAL EXPENSES 23,303,64 14,273.00 (9,030,64) (63,27) 103,607.61 99,911.00 (3,696.611 (3,69) - .-. -.-- ---.-- ---.._---- --- ----._-------- -------------- ---...._------ -------------. NET GAIN/ (LOSS 235,764,11 229,242.01 6,522.10 2,84 1,833,584,89 1,604,694.07 228,890,82 14,26 17 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATENENT 08/12/06 10 :54 AM FOR THE 7 NONTHS ENDING 07/31/06 --------- SIN G L E MONTHm-m--- ____m_____ YEA R TO D ATE m_mum ACTUAL BUDGET $ VARIANCE %VAR ACTUAL BUDGET $ VARIANCE % VAR CARDIOPUlMONARY REVENUE INPATIENT REVIlNU 63,763.25 138,868.57 (75,105.321 (54.08) 615,636.45 972,079.99 (356,443.54) (36.66] OUTPATIENT REVEN 25,105.25 41,235.99 (16,130.741 (39.11) 206,574.00 288,651.93 (82,077.93) (28.43) TOTAL REVENUE. 88,868.50 180,104.56 (91,236.061 (50.65) 822,210.45 1,260,731.92 (438,521.47) (34.78) EXPENSES SALARIES .00 .00 .00 .00 .00 .00 .00 .00 WISE & RENTAL 822.60 640.00 (182.60) (28.53) 4,918.72 4,480.00 1438.72) 19.791 OTHER EXPENSES 33,089.25 36,137 .24 3,047.99 8.4] 241,123.74 252,960.68 11,836.94 4.67 TOTAL EXPENSES 33,911.85 36,777.24 2,865.39 7.79 246,042.46 257,440.68 11,398.22 4.42 - --- --~- - -. --- ---.....---.. -------------- -- ---- -------- ---------.---- ......- -.----- --- NET GAIN/ (LOSS 54,956.65 143,327.32 188,370.671 (61.65 ) 576,167.99 1,003,291.24 (427,123.25) 142.57) CARDIAC REHAB REVENUE INPATIENT REVENU .00 .00 .00 .00 .00 .00 .00 .00 OUTPATIENT REVEN .00 .00 .00 .00 .00 .00 .00 .00 TOTAL REVENUE. .00 .00 .00 ,00 .00 .00 .00 .00 EXPENSES SALARI ES .00 .00 .00 .00 .00 .00 .00 .00 OTHER EXPENSES .00 ,00 .00 ,00 .00 .00 .00 .00 TOTAL EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 .. - - -.. ~...... - -.. -.. ------------- -------------- _.------------ -._--------.-- --.----------- NET GAIN/ILOSS .00 .00 .00 ,00 .00 .00 .00 .00 OCCUPATIONAL THERAPY REVENUE INPATIENT REVENU 640.75 .00 640.75 .00 2,242.25 .00 2,242.25 .00 OUTPATIENT REVEN 443.50 .00 443.50 ,00 3,991.50 .00 3,99150 .00 TOTAL REVENUE. 1,084.25 .00 l,084.25 .00 6,233.75 .00 6,233.75 .00 EXPENSES SALARIES .00 .00 .00 .00 .00 .00 .00 .00 OTHER EXPENSES .00 .00 .00 .00 1,665.00 .00 (1,665.00) .00 TOTAL EXPENSES .00 .00 ,00 .00 1,665.00 .00 (1,665,00) .00 --_.---- -----. -----... ------ ------- ---- --.. -------..-......-- -------------- ------------..- NET GAIN/ (LOSS 1,084.25 ,00 1,084.25 .00 4,568.75 .00 4,568,75 .00 PHYSICAL THERAPY REVENUE INPATIENT REVENU 22,273.00 22,280.51 (7.511 (.03) 170,205.00 155,963.57 14,241.43 9.13 OUTPATIENT REVEN 144,734.50 111,347.08 33,387.42 29.98 1,108,341.75 779,429.56 328,912.19 42.19 TOTAL REVENUE. 167,007.50 133,627.59 33,379.91 24,97 1,278,546.75 935,393.13 343,153,62 36.68 EXPENSES PROFESSIONAL FEE 71,752.80 39,583.33 (32,169.471 (81.27) 341,245.08 277,083.31 (64,161. 771 (23,15) OTHER EXPENSES 7,767.26 6,848.49 (918.77) (13 .41) 54,034.12 47,939.43 (6,094.69) (12.71) TOTAL EXPENSES 79,520.06 46,431.82 (33,088.24) (71.26) 395,279.20 325,022.74 (70,256.46) (21.61) --.. .....--.-. ------------- ----------- --- ---------.---- ------- ------- ------------.- NET GAIN/ (LOSS 87,487.44 87,195.77 291.67 .33 883,267.55 610,370.39 272,897.16 44.71 19 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT 08/12/06 10:54 AM FOR THE 7 MONTHS ENDING 07/31/06 _m__m SIN G L E M 0 NTH __m_____ ------------ YEA R TO OAT E n__________ ACTUAL BUDGET $ VARIANCE % VAR ACTUAL BUDGET $ VARIANCE % VAR CHEMICAL DEPENDENCY REVENUE OUTPATIENT REVEN .00 .00 .00 .00 .00 .00 .00 .00 TOTAL REVENUE. .00 .00 .00 .00 .00 .00 .00 .00 EXPENSES SALARI ES .00 .00 .00 .00 .00 .00 .00 .00 PROFESSIONAL FEE .00 .00 .00 .00 .00 .00 .00 .00 OTHER EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 TOTAL EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 -------------- --- - - -- --- -~- _______ _M_____ ----.- -_.-. --- -------------- ._._._a_______ N!.'l' GAIN/I LOSS .00 .00 .00 .00 .00 .00 .00 .00 DIETARY REVENUE INPATIENT REVENU .00 .00 .00 .00 .00 .00 .00 .00 OUTPATIENT REVEN 160.00 .00 160.00 .00 500.00 .00 500.00 .00 TOTAL REVENUE. 160.00 .00 160.00 .00 500.00 .00 500.00 .00 EXPENSES SALARIES 14,323.93 13,895.25 1428.68) (3.08) 101,127.81 97,266.75 (3,861.061 (3.961 PROFESSIONAL FEE 3,500.00 1,420.17 (2,079.83) (146.44) 11,844.60 9,941.19 (1,903.41) (19.14) OTHER EXPENSES 18,907.15 17,938.84 1968.31) (5.39) 136,122.31 125,571.88 110,550.431 (8.40) TOTAL EXPENSES 36,731.08 33,254.26 (3,476.82) (10.451 249,094.72 232,779.82 (16,314.901 (?OO) -------- ------ ----.-------- -------------- ------------.- .--- --- --._--- ---- ----- ----- N!.'l' GAIN/ILOSS 136,571.08) 133,254.26) 13,316.82) (9.971 (248,594.72) 1232,779.821 115,814.90) (6.79) MEDICAL RECORDS EXPENSES SALARIES 16,138.31 17,387.00 1,248.69 7.18 115,796.23 121,709.00 5,912.77 4.85 LEASE & RENTAL 1,408.91 1,508.33 99.42 6.59 15,650.13 10,558.31 15,091.82) (48.22) OTHER EXPENSES 2,205.71 3,995.50 1,789.79 44.79 20,402.09 27,968.50 7,566.41 27. 05 TOTAL EXPENSES 19,752.93 22,890.83 3,137.90 13.70 151,848.45 160,235.81 8,387.36 5.23 CARE PROGRAM EXPENSES OTHER EXPENSES 1,556.01 .00 (1,556.01) .00) 10,937.57 .00 (10,937.57) .00 TOTAL EXPENSES 1,556.01 .00 (1,556.011 : 001 10,937.57 .00 (10, 937.57) .00 MAINTENANCE EXPENSES SALARIES 16,024.06 10,833.33 (5,190.73) (47.91) 106,383.79 75,833.31 (30,550,481 140.28) OTHER EXPENSES 1,388.60 10,770.42 9,381.82 87.10 11,798.15 75,392.94 63,594.79 84.35 TOTAL EXPENSES 17,412.66 21,603.75 4,191.09 19.39 118,181.94 151,226.25 33,044.31 21.85 PLANT OPERATIONS EXPENSES LEASE & RENTAL 45.00 ,00 (45.00) .00) 315.00 .00 (315.001 .00 ELECTRICITY 79,029.37 26,666.67 (52,362.70) (196.36) 272,840.99 186,666.69 (86,174.301 (46.16) WATER & SEWER 11,296.55 6,000.00 (5,296.551 188.27) 46,136.30 42,000.00 (4,136.301 (9.84) GAS 127,941.80) 4,541.67 32,483.47 715.23 56,160.51 31,791.69 (24,368.82) (76.65) OTHER EXPENSES 9,234.51 ,00 (9,234.51) .00) 108,978.57 .00 1108,978.571 .00 TOTAL EX PENS ES 71,663.63 37,208.34 (34,455.291 (92.60) 484,431.37 260,458.38 (223,972,991 (85.99) 2 MEMORIAL MEDICAL CENTER DEPARTMENTAL INCOME STATEMENT 08/12/06 10:54 AM FOR THE 7 MONTHS ENDING 07/31/06 u___u__ SIN G L E M 0 NTH _______m ___u___uu YEA R TO D ATE m__uum ACTUAL BUDGET $ VARIANCE % VAR ACTUAL BUDGET $ VARIANCE % VAR BUSINESS OFFI CE EXPENSES SALARIES IB,844.70 19,488.50 643.80 3.30 135,344.37 136,419.50 1,075.13 .78 LEASE & RENTAL 1,200.52 500.00 (700.52) (140.10) 7,744.63 3,500.00 (4,244.631 (121.271 COLLECTION mEN 4,637.18 3,750.00 (B87.18) (23.651 32,974.18 26,250.00 (6,724.18) (25.61) OTHER EXPENSES 18,209,65 9,417.25 (8,792.40) (93.36) 75,375.54 65,920.75 (9,454.79) 114 .34) TOTAL EXPENSES 42,892.05 33,155.75 19,736.30) (29.36) 251,438.72 232,090,25 119,348.47) 18.33) COMMUNICATIONS EXPENSES SALARIES 9,725,62 8,667.08 11,058.54) (12,211 66,042.63 60,669.56 (5,373.071 (8.85) OTHER EXPENSES 1,141.68 1,300.50 158.82 12.21 8,133.50 9,103.50 970.00 10,65 TOTAL EXPENSES 10,867.30 9,967.58 (899.72) (9 02) 74,176.13 69,773.06 (4,403,07) (6.31) DATA PROCESSING EXPENSES SALARIES 9,359.38 8,205.58 11,153.80) (14.06) 64,616.73 57,439.06 (7,177.67) 112.49) OTHER EXPENSES 15,464,32 11,141. 00 14,323.32) (38.80) 95,657.87 77,987.00 (17,670.87) (22.651 TOTAL EXPENSES 24,823.70 19,346.58 15,477.121 (28.31) 160,274.60 135,426.06 (24,848.541 118.341 NURSING ADMINISTRATION EXPENS ES SALARIES 8,595.83 8,903.75 307.92 3.45 64,710.57 62,326.25 12,384.321 (3.82) OTHER EXPENSES 989.49 681.17 (308.32) (45.26) 14,346.94 4,768.19 (9,578.75) (200.88) TOTAL EXPENSES 9,585.32 9,584.92 ( .40) .001 79,057.51 67,094.44 (11,963.07) (17.831 HOUSE SUPERVISOR EXPENSES SALARIES .00 ,00 .00 .00 .00 .00 .00 .00 OTHER EXPENSES .00 .00 .00 .00 .00 .00 .00 .00 TOTAL EXPENSES .00 .00 .00 .00 .00 .00 .00 _ 00 INFECTION CONTROL EXPENSES SALARIES 5,930.79 5,000.00 (930.79) 118,61) 37,591.09 35,000.00 (2,591. 09) 17.40) OTHER EXPENSES 647.17 762,92 115.75 15,17 7,350.51 5,340.44 (2,010.071 (37.63) TOTAL EXPENSES 6,577.96 5,762.92 (815.04) 114.14) 44,941.60 40,340.44 (4,601.16) (11. 40) EDUCATION EXPENSES SALARIES 4,354.30 4,436.08 81.78 1.84 29,713.19 31,052.56 1,339.37 4.31 OTHER EXPENSES 1,928.60 1,406.42 (522.18] (37,12) 10,490,74 9,844.94 (645,801 (6.55) TOTAL EXPENSES 6,282.90 5,842.50 (440.40) (7.53) 40,203.93 40,897.50 693,57 1.69 ACCOUNTING EXPENSES SALARIES 5,791.58 6,524.25 732.67 11.22 43,326.83 45,669.75 2,342.92 5.13 OTHER EXPENSEES 3,308.72 3,572.41 263.69 7.38 29,855.72 25,006.87 (4,848.85) (19.39) TOTAL EXPENSES 9,100.30 10,096.66 996.36 9.86 73,182.55 70,676.62 (2,505,931 (3.541 2J MEMORIAL MEDI CAL CENTER DEPARTMENTAL INCOME STATEMENT 08/12/06 10:54 AM FOR THE 7 MONTHS ENDING 07/31/06 --------- SIN G L E M 0 NTH -..------- mn__n___ YEA R T 0 D ATE n___n__m ACTUAL BUDGET $ VARIANCE % VAR ACTUAL BUDGET $ VARIANCE % VAR 14EMORIAL MEDICAL PLAZA REVENUE RENTALS .00 .00 .00 .00 115.00 .00 115.00 .00 TOTAL REVENUE. ,00 .00 .00 .00 115.00 .00 115.00 .00 EXPENSES SALARIES.. . . .. " 2,671.58 .00 (2,671.58) ,00) 18,346.04 .00 (18,346.04) ,00 OTHER EXPENSES. . 1,095.21 .00 (1,095.21) .00) 7,540.30 .00 (7,540.30) .00 TOTAL EXPENSES 3,766.79 ' .00 (3,766.79) ,00) 25,886.34 .00 (25,886.34) .00 ------p------- ------------- -------------- -- ------- ----- -------------- - - - - -. - - - -~ --- NET GAIN/ (LOSS (3,766.79) .00 (3,766.79) .00) (25,771.341 .00 (25,771.34) .00 SUBTOTAL GAIN/ 1,539,795.69 1,748,767.36 (208,971.67) 111.94 ) 12,063,621.69 12,241,371.52 (177,749.83) (1.45) OTHER OPERATING EXPENSES REVENUE DEDUCTIONS MEDICARE CONTR A (m,010.671 (682,605.66) 204,594.99 29.97 (4,919,311.67) (4,778,239.62) (141, On. 05) (2.95) MEDICAID CONTR A (214,434;70 ) (207,890.33) 16,544,37) 13.14 ) (1,453,068.14) (1,455,232.31) 2,164.17 .14 INDIGENT CONTR A (56,253.711 .00 (56,253.711 .001 (374,878.42) .00 (374,878.421 .00 CHARITY CARE (75,049.18) (207,566.50) 132,517.32 63.84 (604,431.851 (1,452,965.50) 848,533.65 58.40 BAD DEBT EXPENSE 1161,672.40) (266,501.17) 104,828.77 39.33 (1,277,212.831 (1,865,508.19) 588,295.36 31.53 OTHER DEDUCTIONS (177,038.071 (189,756.58) 12,718.51 6.70 (1,429,138.70) (1,328,296.06) (100,842,64) (7.59) TOTAL REVENUE (1,162,458.73) (1,554,320.24) 391,861.51 25,21 (10,058,041.61) 110,880,241.68) 822,200,07 7.55 EMPLOYEE BENEFITS FICA ,00 .00 .00 .00 .00 .00 .00 .00 RETIREMENT 22,168.98 30,796,67 8,627.69 28.01 167,321.42 215,576,69 48,255.27 22.38 HOSPITALIZATION 131,413.21 80,000.00 (51,413.21) 164.261 714,801.08 560,000.00 (154,801.081 (27.64 ) LIFE INSURANCE 1,202.77 1,000.00 (202.77) (20.27) 8,358.87 7,000.00 (1,358,87) (19.41) DENTAL INSURANCE 73 7.3 5 .00 (73 7.35) .00) 18,020.90 .00 (18,020.90) .00 LONG TERM DIS 2,309.46 2,166.67 1142.79) (6.59) 16,109.32 15,166.69 (942.63) (6.21) PAYROLL CLEARING 12,330.13) .00 2,330.13 ,00 3,679,64 .00 (3,679,64) .00 TOTAL EMPLOYEE 155,501.64 113,963.34 (41,538.30) (36.44) 928,291.23 797,743.38 (130,547,851 (16.36) TOTAL OTHER OP 1,317,960.37 ],668,283.58 350,323.2] 20,99 10,986,332.84 11,677,985.06 691,652,22 5.92 OTHER REVENUE MEDICARE PASS-TH 103,838.02 40,000.00 63,838.02 159.59 325,467.13 280,000.00 45,467.13 16.23 CAFETERIA SALES 9,053.39 8,000.00 1,05);39 13.16 62,022.35 56,000.00 6,022.35 10.75 INTEREST INCOME 3,440.09 3,333.33 ]06.76 3.20 25,567.69 23,333.31 2,234,38 9.57 INTEREST INCOME 18.05 .00 18.05 .00 122.99 .00 122.99 .00 INTEREST INCONE .00 ,00 .00 .00 .00 .00 .00 .00 MISCELLANEOUS IN 2,751.00 17,833.34 115,082.341 (84.57) 67,138.73 124,833.38 (57,694.651 (46,21) TOTAL OTHER RE 119,100.55 69,166.67 49,933.88 . 72 .19 480,318.89 484, ]66.69 (3,847.801 (.79) - - - - - - - - -'~ - - -- . _ ~ _ _ ~ _ _ _ _ w _.. .. ------------- -------------- -------------- -------------- NET OPERATING 340,935.87 149,650.45 191,285.42 127.82 1,557,607.74 1,047,553.15 510,054.59 48.69 -------------- ------------- -------------- -------------- -------------- -------------- -------------- ------------- -------------- -------------- -------------- -------------- 2~ ~ ,) MEMORIAL MEDICAL CENTER CAPITAL EQUIPMENT ADDITIONS FOR FISCAL YEAR 2006 DESCRIPTION EQUIPMENT AMOUNT JANUARY Bladder Scanner (Med Surg) DinaMap (Emergency Room) DinaMap (Emergency Room) $ $ $ $ 10,950.00 5,873.00 5,873.00 22,696,00 FEBRUARY $ MARCH Tims 1000 Dicom System ~Ultrasound) $ 12,990.00 Dual Monitor Megal-Pixel (Radiology) $ 9,268.22 $ 22,258.22 APRIL $ May Washer/Disinfector (Surgery) 24,529.50 MRI Patient Monitor (MRI) 24,500.00 $ 49,029.50 June Mammo Processor (Radiology) 11,660.00 $ 11,660.00 JULY CT Scanner Upgrade (Radiology) 24,229.09 $ 24,229.09 SUBTOTALS $ 129,872.81 GRAND TOTALS $ 196,617.81 BUILDING IMPROVEMENTS HOSPITAL $ $ $ $ $ $ $ 66,745.00 66,745.00' $ 66,745.00 MEMORIAL MEDICAL PLAZA $ $ $ $ $ $ $ $ ! 27 j SUMMARY OF INDIGENT, CHARITY AND BAD DEBT CLASS "0" AND "X" 2005 2005 yrD 2006 2006 YTD REFERRAL $ 262,710.97 $ 120,654.65 CHARITY $ 88,156.66 $ 986,084.16 $ 79,717.70 $ 610,968.47 INDIGENT $ 180,169.49 $ 1,261,960.20 $ 111,854.95 $ 1,088,647.89 I , I I I 40 .' // / 41 CIHCP MONTHLY FINANCIAL/ACTIVITY REPORT COUNTY NAME Calhoun REPORT MONTHIYEAR August-2006 I. Application / Case Data CASES 20 8 30 II. Creditable Expenditures During Report Month 1. Physician Services $ 10,167.54 2. Prescription Druqs $ 30,044.18 3. Hospital, Inpatient Services $ 32,824.34 4. H9spital, Outpatient Services $ 38,766.66 5. Laboratory / X-Ray Services $ 120.61 $ . 6. Skilled Nursinq Facilitv Services - 7. Family Planninq $ - Subtotal $ 111,923.33 CIHCP Refund $ (68.38) Equals (=) REPORT MONTH TOTAL $ 111,854.95 FISCAL YEAR TOTAL $1,088,647.89 ~'U0~~&1~ Signature of Person Submitting Report 8/11/2006 Date Print Name and Title Monica Escalante CIHCP Coordinator ',",. J J J .; v 55 '\ AWARD BIDS FOR ONE TRACTOR FOR PRECINCT #1 AND ONE TRACTOR FOR PRECINCT #4: A Motion was made by Commissoiner Galvan and seconded by Commissioner Balajka to reject all bids on tractors for Precinct #1 and Precinct #4. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. REOUEST FOR THE USE OF THE BAYFRONT PARK AT PORT O'CONNOR FOR PROMOTIONAL EVENTS BY D.H TEXAS DEVELOPMENT, L.P.: A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to approve the request for the use of the Bayfront Park at Port O'Connor for the Promotional Events by D.H. Texas Development, L.P. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. PUBLIC HEARING REGARDING THE VACATING OFA 0.7164 ACRE PORTION OF OUTLOT 3, OUTBLOCK 31, PORT O'CONNOR, TOWNSITE OUTLOTS: Judge Pfeifer opened the Public Hearing regarding the vacating of a 0.7164 acre portion of Outlot 3, Outblock 31, Port O'Connor Townsite Outlots at 10:05 a.m. There were no public comments. Judge Pfeifer closed the Public Hearing at 10:07 a.m. APPOINTMENTS/REAPPOINTMENTS TO THE AIRPORT ADVISORY BOARD: A Motion was made by Judge Pfeifer and seconded by Commissioner Galvan to reappoint Vaughn Brown, William Wooldridge and Wayne Wehmeyer, Jr. and appoint John Sterling, Gene Douglas and Diane Stanger to the Airport Advisory Board. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. "!l Vaughn Brown 301 El Camino Real Port Lavaca TX 77979 361-552-5838 John Sterling 1012 Bauer Port Lavaca TX 77979 361-552-9976 William Wooldridge 160 Heron . Port Lavaca TX wdwooldridge@aol.com 361-552-9369 Mr. Gene Douglas 1353 Old Settlement Rd. Seadrift TX 77983 361-785-3711 Diane Stanger 1005 Shoreline Lane Port Lavaca TX 77979 361-893-5115 Wayne Wehmeyer, Jr. 4225 FM 3084 Port Lavaca TX 77979 361-552-3945 AIRPORT ADVISORY BOARD FOUR YEAR TERMS March, 2008 March, 2010 March, 2010 March, 2010 March 2010 March, 2008 -' PROPOSALS FOR LAW LIBRARY FOR CALHOUN COUNTY ADULT DETENTION FACILITY AND AUTHORIZE COUNTY JUDGE TO SIGN CONTRACT: A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to accept proposals for the Law Library for Calhoun County Adult Detention Facility and authorize Judge Pfeifer to sign contract. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. ,r-- .-.-- , 'I \ !I W.EST ORDER FORM -For Print Products Only 610 Opperman Drive, P.O. Box 64833 St. Paul, MN 55164-1803 Tel: 6511687-8000 THOMSON * weST Check West aceount sllltlls below (IS tlIJDlictlble: New (NAC! Form attached) Existing witb no changes ~ Rep Name & Number Existing with Increase Credit Limit _ (NACIFonn attached) Existing with changes (permanent name change must attach a Customer Name Change Form) Acct# Date . . lI:l l":l .0 el ... Bill ToAcct# lI:l l":l = . . &Mail p .PermanentAddressChange---,-" . ()n~TbneShipTo _ Name c~ S~e County Zip ... 1!1... .~:t. t"i l":l 'tj. to; l:l Additional Ship To _ Additional Bill To 'Attri: ~ ~~1i:..\:}, '1:" ."~ J<," ~, Address, ~.,," 1/1- ,. ~t " ~." ,~ ,." f Suite/F1oor "'j. ~i;""::d'" I, 'l : .. . i. ~., ~ Sobseriber's Initials; if page 2 is a~hed to and included ti part or this West Order Form, for additional print product titles. ;;.' ~ \...~f ~/~ ~l~ ,," 11' .' rY ;,,!;t~ <i, ", ~'~! -~~":". ., t-'"". ,;::t;J";'~.~ ~.,~! '1\""",,~, "t- i> ..~t...", 't,'. 'f'~~" -(. l"';/I"" ;;.-.," '1:,,!it:t ~''''''''..;'t "~";' ,. '"': t't"".... :;Ch t t'''i (,.Jr '1j':'. \ ',/~r.!.t(/- ,. '.." ", ,l;,t"'''' i'l"~'1 ".,,,, '!,'<'i''Cl','''''" ". ",,,.':-'" ,uP t'H!""'IIIV""'c,:rotaL;a.rges$"""V'~".','/ Terms ofPayillenUor Prln~ProdJldS;., West1s standard terms of payment for print products purchased are'net 30days,~ West may'electtoactept itl$tl\llniellfpll: ellts oii l,. the purchase price; -Installment payment terms are $: ,.', '. "'b, 'If I ",~ month ,plus tax forapproxillllllely '.. .. ..months UII1iI thepurehaseprice.' plus any additional.'. ; amolinls under tbis<mterForm. j~ paid inMk lnterest is ~ved on aU. instaI.1m\lnts of,! 2 or 24111Qn1hs., 'J" '1;,.;'1' -,..I" "! ;;, IJ l~"' ,,t. "" ,1" !' " /, ,';} ,t j"".~' SubScription services mayconsisfof uj)datesattd'supplemeirts to the service.ilSfollo\Ys: 'pOcket ptirts,.pan\phlelS;'repl&:tiinem -Or 'ancillary volUmes; loOse-leaf Pages aiid ;Oilier related supplemental materials; new disk versions or Updates, all of which may be billed separately at tben-current rtItes, plus transportation and handling and payable as billed, without. interest ~ on ov~ue subscription ,and other open account chmges. t;, SUbscriber hereby requests that WestprovideSUbscripti6li seIVices' fot. the ltel'ein-described products at 1hen-aJrrentrates until such SUbscription services'are cancelled by West or cancclled upon written'requeSt by SUbscriber. ThisOnlei" Form is subject to approval by West .andis governed by Minnesota law; h The state,and federal; courts sitting in Minnesota. will, have exclusivejurisdlttlonover 'any. claim arising from or related to this ~ Applicable sales, use; personal PIOJiClrtY. value added tax (VAT) or equivalent, ad valorem and other 1Bxes are the responsibility of Subscriber. Subscriber may be charged interest for overdue installments and subscription and other open account charges. If any installments, subscriptions, subscription services 'or.open 8Ci:oimt chatgCs remain unpaid 30 days after becoming due, aU unmatured installments, including all amounts that are or would become due and payable shall become immediately due and pllyable at the sole option of West Interest cbatgedmay be adjusted to the then-highest current rate aUciWable on Minnesota contiaCts. This Order' Form is non-trBnsferable: Aii collection fees, including but not limited to attorneys fees, are payable by Subscriber, West may request a current fmancial statement and/or obtain conswner credit report on the undersigned individual to detetmine creditworthiness. West will Oilly request COIisUlller credit informatiC)D C)D the undetsigned if the undersigne(l is applyirig for credit as all individual or if the undersigned's consumer credit infonnatiC)D is necessary for West to consider granting credit 10 the afotemel1tioned company. If SUbscriber Inquires whether a credltrepon was requested, West will provide information of such, if II repon was received and/or the name, address and telephone number of the ilgencythat supplied the report, If SUbscriber is not completely satisfied with any product received from West, the product may be returned within 45 days of !he invoice date for a full refund. or credit, in accordance with West's then-ament returns policies. '. ., . . .. 'I" ;"7oa;.:~;:::;~,~l:O. t:-FORM *.Total Charges indudes d1arges from attacbedpage 2.ifllPplleab.....I..~" I ~ ...; I , If-- ~'~ 1 ''Ii ",....., j:. ~f;.: 1 '. '~J:9rl! ~ ",~',"'f":: f, ' t. ~ ~ Date .'" - 2-'-1-0 ", "'" .,.' S~~re Ilr, ,(_,. _ AiiDtiiey~ 'lire efujftisyeJbYSu~6er 'ili'iOciiiion 'fcie.ilified above: ."'II~' ". F.,' it -"'~ t'th*t~lt ~ \;~t, {tJ' '-'~p '.f'~,"fT" ~ ''rl,.;:t~~ i! ~; ,,' ~,;!lV'.: For-CreciifCliro TnfnsJteaioDS (1I11Y: t,,,u "..... lft~'l"<'~f~"'~ l.;~-,'t ~l'! t'"L".~ '1!""Hl;.~ /:H~C"_it"itt'Jt Canl# ." .... P' , Visa ~-- ... M,~ste~ <1~r~, ;. . b'"." "'r'l'"",...,,;i~ Explr. Date Am Ex (~., '..!i>-.- i ;.... ~!r"'G.',"'i~'" t"J,,,, . . ~~., ToW Amt to Charge " '","~~.r ~,.(V~li()(.. tJ~.;~~..,J '.r .,..ft:~. ""'~ '-. f. -l ,,_... ~~': . Ll.~{ ~{{l t, ' !l'~(\.::,.. tll' fi ,t,p~fj.-.~y't 'I-~ te .,:;-.",~:tf~.~t .'o:.#.....T._H~ '*' "':~_..r" ..'~ l~~:~_!."~ 'to' tlf. '~ '." ~ ::-". -;.l]C~t~ ~,~.. ",j, i;.. ( ". ',1 7/1f06 ., .1'\ h'f'.f~~~' , _ ,., '. ~-" '''!''", "\ '--':! <0'/ "'~fM-~ ,::~i$ft- -".~..<f',~ It ,." SAMInet,- " t'" ~. .('.t.~"..t;;;'f. t if" 6.dot ~.. V.. ':,!";.' ~~~. It ,.~'. i,.'~-^ ',~"~ .~. '-.},,"'.'_!.,. ""'I.-.~ .~ t ....1; '"""':i1.: '....oJ. ,~.~ r ~t'-" ":''4~' ~_~.:_ 'i..-'~..., t ". t -. .. x;lI"':1-:: ."< Itj U WEST ORDER FORM FOR ASSURED PRINT PRICING PRINT PRODUCTS 610 Oppennan Drive St. Paul, MN 55164-1803 Tel: 6511687-8000 THOMSON * WEST Check West QCCJJuhI status below as tlDDlicIlble: Rep Name & Number LAURA SCYRKELS.43595 . Existing with Increase Credit Limit _ (NACr .Fonn attached) . .New (NACI Form attached) . == Existing with no changes l.- Existing with changes (pennanent name change must attach a Customer Name Change Fonn) t"l .. Aua..8-2006 JO Acct# 1000732590 PO# Date e Name/Subscriber CALHOUN COUNTY SHERIFF OEPT BiJI To Aect # .. Tim Smith == Order Confirmation Contact Name !"l f..Mail chiailerlii>-tlsd.net ~ ... Westlaw Password Contact Name (for password delivery) . ... E-Mail Permanent Address Change _ One-Time Ship To _ Additional Ship To _ Additional Bill To .... - .., Name At1n: ~ SuitelFloor t:!!l Address !"l City State County Zip ~ to! ~ t l Assured Print Prieinl! Products Fbll Svc # Assured Print .Prid02 Products Ouantitv Montblv CllsJl!eS Other Total Montblv ChaNts Please see attached list , I Notes: Total Charges $ 473.00 Subscriber's Initials for 24 or 36 month minimum term ("Minimum Term") _ 24 Month Minimum Term for Assured Print Pricing - Monthly Assured Print Pricing Charges for second 12 months not to increase by more than 6% over Monthly Assured Print Pricing Charges for initial 12 months. _ 36 Month Minimum Term for Assured PrInt Prlcing- Monthly Assured Print Pricing Charges for second 12 months not to increase by more than 6% over Monthly Assured Print Pricillg Charges for initial 12 months and Monthly Assured Print Pricing Charges for third 12 months not to increase by more than 6% over Monthly Assured Print Pricing Charges for second 12 months. Subscription service may consist of updates and supplements to the service, as follows: pocket parts, pamphlets, replacement or ancillaJy volumes; loas<>leaf pages and other related supplemental materials. Subscriber hereby requests that West provide SUbscription services for the herein.cfescribed products, billed as set forth above, and further billed during the 12 months after the Minimum Term with a 15% increase over the Monthly Assured Print Pricing Charges for the most recent 12 months of the Minimum Term and thereafter at then-current Assured Print PrIcing rates. After the Minimum Term, such subscription services may be cancelled by West or cancelled upon written request by Subscriber. General Provisions. This Order Form is"Subject to approval by West in St Paul. Minnesota.and is governed by Minnesota law and may not be tenninated during the Minimum Term. The state and federal courts sitting in Minnesota will have exclusive jurisdiction over any Claim arisinglTom or related to this agreement. Applicable s8ies, use. personal property, value added tax (VAT) or equivalent, ad valorem andothcr taxes arepayabte by Subscriber. Subscriber may be charged interest for overdue subscriptions and for other open accomrt charges. If any subscription, subscription services or open account charges remain unpaid 30 days after becoming due, all amounts that are or would become due and payable for the remaining Term shall become immediately due and payable at the sole option of West Interest charges may be acljusted to the then..J1ighest current rate allowable on Minnesota contracts. This Order Form is non"transferable. AU collection fees, including but riot limited to attorneys fees, are payable by Subscriber. Transportation and handling charges will be added for special shipment(s). West may request aCUffent financial statement and/or obtain consumer credit report on the undersigned individlJai to detennine creditworthiness. West will only request consumer credit infonnation on the undersigned if the undersigned is applying for credit as an individlJai or if the undersigned's consumer credit information is llecessary for West to consider granting credit to the aforementioned company. If Subscriber inquires whether a credit report was requested, West wiU provide information of such, if a report was received llIldthe name, address and telephone number of the agency that supplied the report AUTHORIZED REPRESENTATIVE FOR ORDER FORM <' <' WEST ORDER FORM FOR ASSURED PRINT PRICING PRINT PRODUCTS 610 Opperman Drive St. Paul, MN 55164-1803 Tel: 651/687-8000 THOMSON! * W'EST Check West account status below as m;DliCllbIe: Rep Name & Number LAURA SCYRKELS. 43595 . Existing with Increase Credit Limit _ (NACI Form attached) . New (NACI Form attached) . " Existing with no changes x.- Existing with changes (permanent name change must attach a Customer Name Change Form) l!Il PO# Date Aua-8-2006 0 Ai:ct # 1000732590 ~ Name/Subscriber CALHOUN COUNTY SHERIFF DEPT Bill To Acet # ... Tim Smi1h " Order Confinnation Contact Name l!Il E-Mail chiailer@tlsd.net 1:1 . Westlaw Password Contact Name (for password delivery) . . E-Mail Permanent Address Change _ Onf>-Time Sbip To _ Additional Ship To _ Additional Bill To .. - ., Name Attn: 2: SuitelFloor l!Il Address l!Il City State County Zip 1:1 l!Il 1:1 Fall Sn II Assured PrintPriciDl!: Products Quantitv Monthh' Chames Other Total Monthhr Chames Please see attached list Notes: Assured Print PrieinR Products Total Charges $ 473.00 Subscriber's Initials for 24 or J6 month minimum term ("Minimum Term") _ 24 Month Minimum Term for Assured Print Pricing - Monthly Assured Print Pricing Charges for second 12 months IIOt to increase by more than 6% over Monthly Assured Print Pricing Charges for initial 12 months, _ 36 Month Minimum Term for Assured Print Pricing- Monthly Assured Print Pricing Charges for second 12 months not to increase by more than 6% over Monthly Assured Print Pricing Charges for initial 12 months and Monthly Assured Print Pricing Charges for third 12 months not to increase by more than 6% over Monthly Assured Print Pricing Charges for second 12 months. Subscription service may consist of updates and supplements to the service, as follows: pocket parts, pamphlets, replacement or ancilbuy volumes; loose-leaf pages and other related supplemental materials, Subscriber hereby requests that West provide subscription services for theherein-described products, billed as set forth above, and further billed during the 12 months after the Minimum Term with a 15% increase over the Monthly Assured Print Pricing Charges for the most recent 12 months of the Minimum Term and thereafter at then-cunent Assured Print Pricing rates, After the Minimum Term, such subscription serv.ices may be cancelled by West or cancelled upon written request by Subscriber, General Provisions. This Order Form is~bjeet to approval by West in S1. Paul, Minnesota and is governed by Minnesota law and may not be terminated during the Minimum Term, The state and federal courts sitting .in Minnesota will have exclusive jurisdiction over any claim arising from or related to this agreement. Applicable sales, use, personal property, value added tax: (VAT) or equivalent, ad valorem and other taxes are payable by Subscriber. Subscriber may be charged interest for overdue subscriptions and for other open account charges. If any subscription, subscription services or open account charges remain unpaid 30 days after becOming due, all amounts that are or would become due and payable for the remaining Term shall become immediately due and payable at the Sole option of West Interest charges may be adjusted to the then-highest current rate allowable on Minnesota contracts. This Order Fonn is non-transferable. All collection fees, including but not limited to attorneys fees, are payable by Subscriber, Transportation and handling charges will be added for special shipment(s), West may request a current (mancial statement and/or obtain consumer credit report on the undersigned individual to determine creditworthiness. West will only request consumer credit information on the undersigned if the undersigned is applying for credit as an individual or if the undersigned's consumer credit Infonnation is necessary for West to consider granting credit to the aforementioned company. If Subscriber inquires whether a credit report Was requested, West will provide information of such, if a report was received and the name, address and telephone number of the agency that supplied the report AUTHORIZED REPRESENTATIVE FOR ORDER FORM I [----- K Ul ~ I 1 u .&$ i ::s .1:: l I Cl ("l ..s E "- II> ~ :> I 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 ~ 0 0 ~ 0 0 00 fi '<i ,...; c-; N <ri ..... <ri '<i ..... 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LEASE AGREEMENT BETWEEN XEROX AND CALHOUN COUNTY HEALTH DEPARTMENT FOR COPIER EOUIPMENT AND AUTHORIZE COUNTY JUDGE TO SIGN CONTRACT: A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to accept a lease agreement between Xerox and Calhoun County Health Department for copier equipment and authorize Judge Pfeifer to sign the contact. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. .;! / J t' Document Solutions, Inc. CALHOUN COUNTY ACQUISITION LEASE- WorkCentrePro 123 W orkCentrePro 123: 23pages per minute copier/printer Mainframe: 60mo, Service Copies Cost per Supplies Lease Included copy Included overage (except paper and staples) WCP 123 includes 23 pages per minute $189.44 0 3,000 $0,0084 YES copying, printing, sorting, 2 sided copying, 4 paper trays and bypass tray, finisher, with fax and scanning, Property Tax Insurance (By act of God) Xerox Pays Xerox Pays One time additional charges: Security Deposit Down- ayment Removal Fee at End of Term Delivery and Setup Training and Analyst TOTAL $0 $0 $0 $0 $0 $ 0,00 Waived Waived Waived Included Included Of course, all equipment will be covered under the Xerox Total Customer Satisfaction Guarantee, THE DOCUMENT COMPANY XEROX 5624/26PS6/12/97 .: .' LEASE AGREEMENT Full Legal Name Customer Name (Bill to) DBNName Overflow Street Address Box#/Routing City, State Zip Code Tax 10# Customer Name (Install) COUNTY OF CALHOUN DBNName Overflow (ifreq'd) HEALTH DEPARTMENT Installed at Street Address 117 WASH ST Floor/Room/Routing City, State PORT LA V ACA, TX Zip Code 77979-2912 County Installed In Calhoun Customer Requested Install Date 08/29/2006 COUNTY OF CALHOUN HEALTH DEPARTMENT 117 WASH ST PORT LA V ACA, TX 77979-2912 Check all that apply o Assoc./Coop, Name: ~Negotiated Contract #:071701 I 0 I OValue Added Services: o Attached Customer P,O. #s: Lease: ~ State or Local Govemment Customer Int. Rate: % Total Int. Payable: $ D ReplacementIModification of Prior Xerox Agreement Agreement covering Xerox Equipment Serial# (or 95#): is hereby 0 modified 0 replaced Effective Date: Comments: Lease Information Lease Telm : ~Supplies included in Base/Print Charges o Refin. of Prior Agrmt. :0 Xerox (95#): Amt Refin: $ Int Rate: % XEROX(m o DSA Contract #: Supplies: 60 months o 3rd Party Eq. Total Int Payable: $ Lease Payment Information Product Purchase Down Prev Fin'l (with serial number, if in place equipment) OPtion Pavment Install Interm WCPI23 WCPI23 DADF-FAX-SCAN $FMV $ I )2XTRA Y I )FINSHR $ Customer Ed $ Analvst Services $ $ $ 189.44 : MINIMUM LEASE PAYMENT (exc1. of applic: taxes) Price Information Periodic Base Charge Print Charge Meter I: Prints J Prints 3001 Prints Print Charge Meter 2: Prints I - Prints o Adjustment Period Period A - Mos. Affected: 189.44 Periodic Base Charge Print Charge Meter I: . Prints I Prints Prints Print Charge Meter 2: Prints I - Prints Period B - Mos. Affected: Periodic Base Charge Print Charge Meter I: Prints I Prints Prints Print Charge Meter 2: Prints I - Prints Periodic M in.# of Prints (based on Meter] Print Charges) Application Software $ Periodic Min.# of Prints Periodic Min.# of Prints (based on Meter I Print Charges) 3000 (based on Meter I Print Charges) o Purchased Supplies 0 Cash 0 Fin'd 0 Reorder # Qty Description Price $ $ $ $ Total Price = $ D Trade-In Allowance Manufacturer Total Allowance Applied to: ModeV Serial # Final Allowance Principal Pavment #: $ $ $ $ $ $ Total Allowance = OTrade-In Equip. Balance: OPrice of Replcmnt. Equip.: Agreement Presented By: Xerox Name' Harvev G Brewer Phone:(361 )575-5931 FOR AUTHORIZED HQ INTERNAL USE ONLY i\ccepted: XenL' (:(111)0""1;011 By: Tilk: Worksheet: F470(,0 Xerox Form# 51860 (05/2005) (Si<<!Ultllre o{'.4/1I//1"'ri:.cd Sigllet) Date: 8/17/~(J()(, j(,:-+~: I, Unit: www.xerox.com Min. Lease Payment FreQ. (periodic, excluding excess meter charges) o Monthly OQuarterIy o Semi-Annual o Annual o Other Min. Lease Payment Mode o Advance 0 Arrears Software Title Initial License Fee Annual Renewal Fee o Cash o Finance o Support Only $ $ $ $ $ $ Total Initial License Fees = $ o K-16 Billing Suspension (check I as required) Months affected o June only o July only o August only o June - July o July - August CUSTOMER ACKNOWLEDGES RECEIPT OF THE TERMS OF THIS AGREEMENT <CONSISTING OF 7 PAGES INCLUDING THIS FACE PAGE) Auth. Signer Name: Michael J. Pfeifer Additional Options (check all that apply) o Run Length Plan ~Fixed Price Plan o Per-Foot Pricing o Extended Service Hours: Description: / $ 0 mo. ~Attached Addenda: 54105 TX(I) o Other Addenda: SignalUre: X . (Please Print Name (J 'A1I11/oriZl'd Signer) Date: g ~J {..()~ / Signature (!!'Autlu Auth. Signer Title: County Judge E-Mail: ~Tax Exempt ("Mllst attach Sales Tax Exemption Certificate) 8/17/2006 Phone: (361 )553-4600 Page I of7 ~ '" GENERAL TERMS: The following ternlS apply to all lease transactions: I, PRODUCTS, The ternl "Products" shall refer collectively to all equipment (the "Equipment"), software, and supplies ordered under this Agreement. You represent that the Products are being ordered for your own business use (rather than resale) and that they will not be used for personal, household or family purposes, 2, NON-CANCELABLE LEASE, THIS AGREEMENT IS A LEASE AND IT CANNOT BE CANCELED OR TERMINATED EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND YOUR OBLIGATION TO MAKE ALL PAYMENTS DUE OR TO BECOME DUE SHALL BE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT BE SUBJECT TO ANY DELAY, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM OR RECOUPMENT FOR ANY REASON WHATSOEVER, IRRESPECTIVE OF XEROX'S PERFORMANCE OF ITS OBLIGATIONS HEREUNDER, ANY CLAIM AGAINST XEROX MAY BE ASSERTED SOLELY AGAINST XEROX IN A SEPARATE ACTION, 3, LEASE COMME\'lCEMENT, PAYMENT, TAXES & CREDIT HISTORY, A. The lease term for this Agreement shall commence upon installation of the Equipment; provided, however, for customer-installable Equipment, the lease term for this Agreement shall commence upon delivery of the Equipment. B, Invoices are payable upon rec~ipt and you agree to pay Xerox each Minimum Lease Payment, all Print Charges and all other sums due as follows: (i) if the invoice displays a due date, payment is due and must be received by Xerox on or before said due date, or (ii) if the invoice does not display a due date, payment is due and must be received by Xerox no later than thirty (30) days after the invoice date, Restrictive covenants on instmments or documents submitted for or with payments you send to Xerox will not reduce your obligations, C. You shall be responsible for any and all applicable Taxes, which will be included in Xerox's invoice unless you provide proof of your tax exempt status, "Taxes" shall mean any tax, assessment or charge imposed or collected by any governmental entity or any political subdivision thereof, however designated or levied, imposed on this Agreement or the amounts payable to Xerox by you for the billing of Products, Print Charges, services and maintenance of any kind; Taxes include, but are not limited to, sales and use, rental, excise, gross receipts and occupational or privilege taxes, plus any interest and/or penalty thereon, but excluding any personal property taxes and taxes on Xerox's net income, If a taxing authority determines that Xerox did not collect all applicable Taxes, you shall remain liable to Xerox for such additional Taxes. D. You, to the extent required by applicable law, authorize Xerox (or its agent) to obtain credit reports, make such other credit inquiries as Xerox may deem necessary at any time, furnish payment history infornlation to credit reporting agencies, and release to prospective assignees of this Agreement or any rights hereunder credit- related information Xerox has about you and this Agreement. 4. BASIC ,SERVICES. As a mandatory part of a lease, Xerox (or a designated servicer) will provide the following Basic Services under this Agreement (unless you are acquiring Equipment for which Xerox does not offer Basic Services; such Equipment to be designated as "No Svc."): A. REPAIRS & PARTS. Xerox will make repairs and adjustments necessary to keep Equipment in good working order (including such repairs or adjustments required during initial installation). Parts required for repair may be new, reprocessed, or recovered, B. HOURS & EXCLUSIONS. Unless otherwise stated, Basic Services will be provided during Xerox's standard working hours (excluding Xerox-recognized holidays) in areas within the United States, its territories, and possessions open for repair service for the Equipment at issue. You agree to give Xerox reasonable access to the Equipment. Basic Services shall cover repairs and adjustments required as a result of nornlal wear and tear or defects in materials or workmanship (and shall exclude repairs or adjustments Xerox determines to relate to or be affected by the use of options, accessories, or other connected products not serviced by Xerox, as well as any non-Xerox alterations, relocation, service, supplies, or consumables). You agree to use Equipment in accordance with, and to perform all operator maintenance procedures for Equipment as set forth in, the applicable manuals provided by Xerox, C. INSTALLATION SITE & METER READINGS. The Equipment installation site must conform to Xerox's published requirements throughout the ternl of this Agreement. If applicable, you agree to provide meter readings in the manner presclibed by Xerox, If you do not provide Xerox with meter readings as required, Xerox may estimate them and bill you accordingly. D. EQUIPMENT REPLACEMENT. If Xerox is unable to maintain the Equipment as described above, Xerox will, as your exclusive remedy for Xerox's failure to provide Basic Services, replace the Equipment with an identical product or, at Xerox's option, another product of equal or greater capabilities. If a replacement product is provided pursuant to this Section, there will not be an Xerox Form# 5 I 860t&c (05/2005) additional charge for the replacement product and, except as set fOlth in the section of this Agreement titled "MAINTENANCE COMPONENT PRICE INCREASES", there, will not be an additional charge for Basic Services during the then-current term during which Basic Services are being provided. E. CARTRIDGE PRODUCTS. If Xerox is providing Basic Services for Equipment utilizing cartridges designated by Xerox as customer replaceable units, including copy/print cartridges and xerographic modules or fuser modules ("Cartridges"), you agree to use only unmodified Cartridges purchased directly from Xerox or its authorized resellers in the United States and the failure to Lise such Cartridges shall void any warranty applicable to such Equipment. F. PC/WORKSTATION REQUIREMENTS. In order to receive Basic Services and/or Software Support for Equipment requiring connection to a PC or workstation, you must utilize a PC or workstation that either (I) has been provided by Xerox or (2) meets Xerox's published specifications, G. DELIVERY AND REMOVAL. Xerox will be responsible for all standard delivery and removal charges. You will be responsible for any non-standard delivery or removal charges incurred. 5. WARRANTY DISCLAIMER & WAIVERS. XEROX DISCLAIMS, AND YOU WAIVE, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. The paJ1ies intend this Agreement to be a "finance lease" under Article 2A of the Uniform Commercial Code. Except to the extent expressly provided, herein and to the extent pelmitted by applicable law, you waive all rights and remedies confelTed upon a lessee by said Al1icle. 6. INTELLECTUAL PROPERTY INDEMNITY. Xerox, at its expense, will defend you from, and pay any settlement agreed to by Xerox or any final judgment for, any claim that a Xerox-brand Product infringes a third party's U.S. intellectual property rights, provided you promptly notify Xerox of the alleged infringement and permit Xerox to direct the defense. Xerox is not responsible for any non-Xerox litigation expenses 01' settlements unless it preapproves them in writing. To avoid inflingement, Xerox may modify 01' substitute an equivalent Xerox-brand Product, refund the price paid for the Xerox-brand Product (less the reasonable rental value for the period it was available to you), 01' obtain any necessary licenses. Xerox is not liable for any infringement-related liabilities outside the scope of this Section including, but not limited to, infringement based upon a Xerox-brand Product being modified to YOUI' specifications 01' being used 01' sold with products not provided by Xerox. 7. LIMITATION OF LIABILITY. Xerox shall not be liable to you for any direct damages in excess of$1 0,000 or the amounts paid hereunder, whichever is greater, and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of 01' relating to this Agreement, whether the claim alleges tortious conduct (including negligence) 01' any other legal theory. The above-stated limitation of liability shall not be applicable to any specific indemnification obligations set fOlth in this Agreement. Any action you take against Xerox must be commenced within two (2) years after the event that caused it. 8. ASSIGNMENT. A. If you wish to assign any rights 01' obligations under this Agreement, you shall provide a written notice to Xerox of such request for consent, with said notice including the name of the proposed assignee. Your request to assign this Agreement will be granted by Xerox if: (I) you are not in default under this Agreement or any other agreement with Xerox; (2) the proposed assignee agrees to the section of this Agreement titled "LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY" as applicable to it, for the purposes of the proposed assignment; (3) the proposed assignee meets Xerox's then current credit criteria for similar transactions as determined by Xerox in its sole discretion; and, (4) you and the proposed assignee execute a writing, in a form acceptable to Xerox, confirnling said assignment. Assignment by you requires the written consent of Xerox and may not be accomplished by operation of law. B. Xerox may assign this Agreement, in whole or in part, to a parent, subsidiary or affiliate of Xerox, or to a person or entity for the purposes of securitizing a pool of assets 01' as part of a third party financial transaction without prior notice to you; provided, however, any proposed assignment to a person or entity not identified previously in this sentence shall require your prior written consent. In the event of an assignment permitted by the preceding sentence, Xerox, without notice to you, may release infornlation it has about you related to this Agreement. Each successive assignee of Xerox shall have all of the rights but none of the obligations of Xerox hereunder. You shall continue to look to Xerox for performance of Xerox's obligations, including the provision of Basic Services, and you hereby waive and release any assignees of Xerox from any such claim relating to 01' arising from the performance of Xerox's obligations hereunder. You shall not assert any defense, counterclaim or setoff that you may have or claim against Xerox against 8/!7 /2 006 Page 2 of 7 .. any assignees of Xerox, In the event of an assignment by Xerox, you shall remit payments due in accordance with remittance instmctions of the assignee, 9, MINIMUM LEASE PAYMENTS, Each Minimum Lease Payment (which may be billed on more than one invoice) includes a Periodic Base Charge, and may include a Periodic Minimum Number of Prints, The Minimum Lease Payments, along with any additional Print Charges for prints made in excess of the Minimum Number of Prints, cover your cost for the use of the Equipment and its maintenance (provided as Basic Services), 10, MAINTENANCE COMPONENT PRICE INCREASES, Xerox may annually increase that amount of the Minimum Lease Payment and Print Charges you are charged for maintenance ,of the Equipment (the "Maintenance Component"), each such increase not to exceed I 0%, (For state and local government customers, this adjustment shall take place at the commencement of each of your annual contract cycles,) II. TITLE, RISK & RELOCATION, Title to the Equipment shall remain with Xerox until you exercise your option to purchase it. Until you exercise your option to purchase the Equipment, you agree that: (a) it shall remain personal property; (b) you will not attach any of it as a fixture to any real estate; (c) you will not pledge, sub-lease or part with possession of it or file or pernlit to be filed any lien against it; and, (d) you will not make any penllanent alterations to it. The risk of loss due to your fault or negligence, as well as theft, fire or disappearance, shall pass to you upon shipment from a Xerox controlled facility, The risk of loss due to all other causes shall remain with Xerox unless and until you exercise your option to purchase the Equipment. Until title passes to you, all Equipment relocations must be arranged (or approved in advance) by Xerox and shall be at your expense, ,While Equipment is being relocated, you are responsible for all payments required to Xerox under this Agreement. Equipment cannot be relocated outside of the United States, itsten'itories or possessions until you have exercised the Purchase Option indicated in this Agreement. If you acquire title to the Equipment, you must comply with all applicable laws and regulations regarding the export of any commodity, technology and/or software, All parts/materials replaced, including as part of an upgrade, will become Xerox's property, 12, DEFAULT & REMEDIES; LATE CHARGES & COLLECTION COSTS, A. For any payment not received by Xerox within ten (10) days of the due date as set forth herein, Xerox may charge, and you agree to pay, a late charge equal to the higher of five percent (5%) of the amount due or $25 (not to exceed the maximum amount pernlitted by law) as reasonable collection costs, B, You will be in default under this Agreement if (I) Xerox does not receive any payment within fifteen (15) days after the date it is due or (2) if you breach any other obligation hereunder. [f you default, Xerox, in addition to its other remedies (including the cessation of Basic Services), may require inmlediate payment, as liquidated damages for loss of bargain and not as a penalty, of: (a) all amounts then due, plus interest on all amounts due from the due date until paid at the rate of one and one-half percent (1.5%) per month (not to exceed the maximum amount permitted by law); (b) the remaining Minimum Lease Payments in the Agreement's term less any unearned finance, maintenance, and supply charges (as retlected on the lessor's books and records); (c) a reasonable disengagement fee calculated by Xerox that will not exceed fifteen percent (15%) of the amount in (b) above (said amount is available from Xerox upon request); and (d) all applicable Taxes, You also shall either (1) make the Equipment available for removal by Xerox when requested to do so by Xerox and, at the time of removal, the Equipment shall be in the same condition as when delivered (reasonable wear and tear excepted), together with any related software, or (2) purchase the Equipment "AS IS, WHERE IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE by paying Xerox the Purchase Option and all applicable Taxes, Xerox's decision to waive or forgive a pal1icular default shall not prevent Xerox from declaring any other default. In addition, if you default under this Agreement, you agree to pay all of the costs Xerox incurs to enforce its rights against you, including reasonable attorneys' fees and actual costs, 13, CARTRIDGES, Cartridges packed with Equipment and replacement Cartridges may be new, remanufactured or reprocessed, Remanufactured and reprocessed Cartridges meet Xerox's new Cartridge performance standards and contain new and/or reprocessed components, To enhance plint quality, the Cartridge(s) for many models _ of Equipment have been designed to cease functioning at a predetelmined point. [n addition, many Equipment models are designed to function only with Cartridges that are newly manufactured original Xerox Cartridges or with Camidges intended for use in the U,S, Equipment configuration that permits use of non-newly manufactured original Xerox Cartridges may be available from Xerox at an additional charge, Cartridges sold as Environmental Partnership ("EP") Cartridges remain the property of Xerox, You agree that you shall return all EP Cartridges and may return other Cartridges to Xerox, at Xerox's expense when using Xerox-supplied shipping labels, for remanufacturing once such Cartridges cease functioning, Xerox Form# 51860t&c (05/2005) 8117/2006 14, EQUIPMENT STATUS, Unless you are acquiring Previously Installed Equipment, Equipment will be either (a) "Newly Manufactured", which may contain some recycled components that are reconditioned; (b) "Factory Produced New Model", which is manufactured and newly serialized at a Xerox factory, adds functions and features to a product previously disassembled to a Xerox predetelmined standard, and contains both new components and recycled components that are reconditioned; or, (c) "Remanufactured", which has been factory produced following disassembly to a Xerox predetermined standard and contains both new components and recycled components that are reconditioned, 15, LEASE OPTIONS, The following options are available for Equipment subject to this Agreement. A. PURCHASE OPTION. If not in default, you may purchase the Equipment, "AS IS, WHERE-IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR V ALUE: (i) at the end of the lease ternl for the Purchase Option indicated on the face ofthis Agreement (i,e, either a set dollar amount or the Fair Market Value of the Equipment at the lease term's conclusion ["FMV"]), plus all applicable Taxes, or (ii) any time during the lease telm by paying: (l) all amounts then due; (2) the remaining Minimum Lease Payments in the Agreement's term 'less any unearned finance, maintenance, and supply charges (as retlected on the lessor's books and records); (3) a reasonable disengagement fee calculated by Xerox that will not exceed fifteen percent (15%) of the amount in (2) above (said amount is available from Xerox _ upon request); (4) the applicable Purchase Option; and (5) all applicable Taxes, ' B, RENEWAL. Unless either pa11y provides notice at least thil1y (30) days before the end of the lease telm of its intention not to renew this Agreement, it will be renewed automatically on a month-to-month basis at the same price, terms and conditions and billing frequency as the original Agreement. During this renewal period, either party may terminate this Agrecment upon at least thil1y (30) days notice, C. LEASE TERMINATION, Upon termination pursuant to B, above, and if you have not purchased the Equipment, you shall make the Equipment available for removal by Xerox when requested to do so by Xerox and, at the time of removal, the Equipment shall be in the same condition as when delivered (reasonable wear and tear excepted), together with any related software, 16, PROTECTION OF XEROX'S RIGHTS. You hereby authorize Xerox or its agents to file, by any permissible means, financing statements necessary to protect Xerox's rights as the Equipment Lessor. Xerox, on your behalf and at your expense, may take any action requircd to be taken by you under this Agreement that you fai I to take, [7, REPRESENTATIONS, WARRANTIES & COVENANTS. Each party represents that, as of the date of this Agreement, it has the lawful power and authority to enter into this Agreement, the individuals signing this Agreement are duly authorized to do so on its behalf and, by entering this' Agreement, it will not violate any law or other agreement to which it is a party, You are not aware of anything that will have a material negative effect on your ability to satisfy your payment obligations under this Agreement and all financial infOlmation you have provided, or will provide, to Xerox is true and accurate and provides a good representation of your financial condition. Each party agrees that it will promptly notify the other party in writing of a change in ownership, if it relocates its principal place of business or changes the name of its business, 18, NOT[CES, Notices must be in writing and will be deemed given five (5) days after mailing, or two (2) days after sending by nationally rccognized overnight courier, to the other par1y's business address, or to such other address designated by either pat1y to the other by written notice gi ven pursuant to this sentence, The term "business address" shall mean, for you, the "Bill to" address listed on the first page of this Agreement and, for Xerox, our inquiry address set forth on the most recent invoice to you, 19, FORCE MAJEURE, Xerox shall not be liable to you during any period in which its performance is delayed or prevented, in whole or in pal1, by a circumstance beyond its reasonable control, which circumstances include, but are not limited to, the following: act of God (e,g" tlood, earthquake, wind); fire; war; aci of a public enemy or telTorist; act of sabotage; strike or other labor dispute; riot; misadventure of the sea; inability to secure materials and / or transportation; or, a restriction imposed by legislation, an order or a rule or regulation of a governmental entity, If such a circumstance occurs, Xerox shall undertake reasonable action to notify you of the same, 20, MISCELLANEOUS, This Agreement constitutes the entire agreement as to its subject matter, supersedes all prior and contemporaneous oral and written agreements, and shall be construed under the laws of the State of New York (without regard to contlict-of-law principles), You agree to the jurisdiction and venue of the federal and state cout1s in Monroe County, New York, In any action to enforce this Agreement, the parties agree to waive their right to a jury trial. If a Page 3 of 7 coult finds any ternl of this Agreement to be unenforceable, the remaining telms of this Agreement shall remain in effect. Both parties may retain a reproduction (e.g., electronic image, photocopy, facsimile) of this Agreement which shall be admissible in any action to enforce it, but only the Agreement held by Xerox shall be considered an original. Xerox may accept this Agreement either by its authorized signature or by commencing performance (e.g., Equipment delivery, initiating Basic Services, etc.). All changes to this Agreement must be made in a writing signed by both parties; accordingly, any temlS on your ordering documents shall be of no force or effect. The following four sentences control over every other part of this Agreement and over all other documents now or later pertaining to this Agreement. We both intend to comply with applicable laws. In no event will Xerox charge or collect any amounts in excess of those allowed by applicable law. Any part of this Agreement that would, but for this Section, be read under any circumstances to allow for a charge higher than that allowed under any applicable legal limit, is limited and modified by this Section to limit the amounts chargeable under this Agreement to the maximum amount allowed under the legal limit. If, in any circumstances, any amount in excess of that allowed by law is charged or received, any such charge will be deemed limited by the amount legally allowed and any amount received by Xerox in excess of that legally allowed will be applied by us to the payment of amounts legally owed under this Agreement, or refunded to you. SOFfW ARE TERMS: The following additional ternlS apply only to transactions covering Application Software and/or Xerox-brand Equipment: 21. SOFfW ARE LICENSE. The following terms apply to copyrighted software and the accompanying documentation, including, but not limited to, operating system software, provided with or within the Xerox-brand Equipment acquired hereunder ("Base Software") as well as software specifically set out as "Application Software" on the face of this Agreement. This license does not apply to any Diagnostic Software or to any software / documentation accompanied by a clickwrap or shrinkwrap license agreement or otherwise made subject to a separate license agreement. A. Xerox grants you a non-exclusive, non-transferable license to use the Base Software within the United States, its territories, and possessions (the "United States") only on or with the Equipment with which (or within which) it was delivered. For Application Software, Xerox grants you a non-exclusive, non- transferable license to use this. software within the United States on any single unit of equipment for as long as you are cun'ent in the payment of any indicated software license fees (including any Annual Renewal Fees). You have no other rights to the Base or Application Software and, in particular, may not: ( I) distribute, copy, modify, create derivatives of, decompile, or reverse engineer this software; (2) activate any software delivered with or within the Equipment in an unactivated state; or, (3) allow others to engage in same. Title to the Base and Application Software and all copyrights and other intellectual property rights in it shall at all times reside solely with Xerox and/or its licensors (who shall be considered third-party beneficiaries of this Agreement's software and limitation of liability provisions). Base and Application Software may contain, or be modified to contain, computer code capable of automatically disabling proper operation or functioning of the Equipment. Such disabling code may be activated if: (a) Xerox is denied reasonable access to the Base or Application Software to periodically reset such code; (b) you are notified of a default under any ternl of this Agreement; or, (c) your license is terminated or expires. B. Xerox may terminate your license for any Base Software (I) immediately if you no longer use or possess the Equipment or are a lessor of the Equipment and your first lessee no longer uses or possesses it, or (2) upon the termination of any agreement under which you have rented or leased the Equipment. C. If you transfer possession of the Equipment after you obtain title to it, Xerox will offer the transferee a license to use the Base Software within the United States on or with it, subject to Xerox's then-applicable terms and license fees, if any, and provided the transfer is not in violation of Xerox's rights. D. Xerox warrants that the Base and Application Software will perform in material conformity with its user documentation for a ninety (90) day period from the date it is delivered or, for software installed by Xerox, the date of software installation. Neither Xerox nor its licensors warrant that the Base or Application Software will be free from errors or that its operation will be uninterrupted. 22. SOFfW ARE SUPPORT. During the period that Xerox (or.a designated servicer) provides Basic Services for the Equipment but in no event longer than five (5) years after Xerox stops taking orders from customers for their acquisition of the subject model of Equipment; Xerox (or a designated servicer) will also provide software SUPPOIt for the Base Software under the following terms. For Application Software licensed pursuant to this Agreement, Xerox will provide software SUPPOIt under the following telms provided you are current in the payment of all Initial License and Annual Renewal Fees (or, for programs not requiring Annual Renewal Fees, the payment of the Initial License Fee and the annual "Support Only" Fees). Xerox FOIm# 51 860t&c (0512005) 8/1 7/2006 A. Xerox will assure that Base and Application Software performs in material confornlity with its user documentation and will maintain a toll-free hotline during standard business hours to answer related questions. B. Xerox may make available new releases of the Base or Application Software that primarily incorporate coding en"Of fixes and are designated as "Maintenance Releases". Maintenance Releases are provided at no charge and must be implemented within six (6) months after being made available to you. Each new Maintenance Release shall be considered Base or Application Software governed by these Software Temls. New releases of the Base or Application Software that are not Maintenance Releases, if any, may be subject to additional license fees at Xerox's then-current pricing and shall be considered Base or Application Software governed by these Software Telms (unless otherwise noted). Xerox will not be in breach of its software support obligations hereunder if, in order to implement, in whole or in part, a new release of Base or Application Software provided or made available to you by Xerox, you must procure, at your expense, additional hardware and/or software from Xerox or any other entity. You agree to retum or destroy all prior releases. C. Xerox will use reasonable efforts, either directly and/or with its vendors, to resolve coding en'ors or provide workarounds or patches, provided you report problems as specified by Xerox. D. Xerox shall not be obligated (I) to support any Base or Application Software that is two or more releases older than Xerox's most cunent release or (2) to remedy coding elTOrs if you have modified the Base or Application Software. E. For Application Software, Xerox may annually increase the Annual Renewal and SuppOIt-Only Fees, each such increase not to exceed 10%. (For state and local- government customers, this adjustment shall take place at the conunencement of each of your annual contract cycles.) 23. DIAGNOSTIC SOFfW ARE. Software used to maintain the Equipment and/or diagnose its failures or substandard perfOImance (collectively "Diagnostic Software") is embedded in, resides on, or may be loaded onto the Equipment. The Diagnostic Software and method of entry or access to it constitute valuable trade secrets of Xerox. Title to the Diagnostic Software shall at all times remain solely with Xerox and/or Xerox's licensors. You agree that (a) your acquisition of the Equipment does not grant you a license or right to use the Diagnostic Software in any maImer, and (b) that unless separately licensed by Xerox to do so, you will not use, reproduce, distribute, or disclose the Diagnostic Software for any purpose (or allow third parties to do so). You agree at all times (including subsequent to the expiration of this Agreement) to allow Xerox to access, monitor, and otherwise take steps to prevent unauthorized use or reproduction of the Diagnostic Software. GOVERNMENT CUSTOMER TERMS: The following additional terms apply only to lease transactions with state and local government customers: 24. REPRESENTATIONS & WARRANTIES, FUNDING, TAX TREATMENT & PAYMENT. A. REPRESENTATIONS & WARRANTIES. You hereby represent and waITant, as of the date of this Agreement, that: (I) you are a State or a fully constituted political subdivision or agency of the State in which you are located and are authorized to enter into, and can)' out, your obligations under this Agreement and any other documents required to be delivered in connection with the Agreement (collectively, the "Documents"); (2) the Documents have been duly authorized, executed and delivered by you in accordance with all applicable laws, rules, ordinances and regulations (including, but not limited to, all applicable laws governing open meetings, public bidding and appropriations required in connection with this Agreement and the acquisition of the Equipment) and are valid, legal, binding agreements, enforceable in accordaIlce with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of your goveming body and hold the offices indicated below their signatures, each of which are genuine; (3) the Equipment is essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and shall be used during the lease ternl only by you and only to perform such function; and, (4) your obligations to remit payments under this Agreement constitute a current expense and not a debt under applicable state law and no provision of this Agreement constitutes a pledge of your tax or general revenues and any provision that is so constmed by a court of competent jurisdiction is void from the inception of this Agreement. B. FUNDING. You represent and warrant that all payments due and to become due during your cunent fiscal year are within the fiscal budget of such year and are included within an unrestricted and unencumbered appropriation cUITently available for the lease/purchase of the Equipment, and that it is your intent to use the Equipment for the entire lease term and to make all payments required under this Agreement. In the event that ( I) through no action initiated by you your legislative body does not appropriate funds for the continuation of this Agreement for any fiscal year after the first fiscal year and has no funds to do so from other sources, and (2) you have made a reasonable but unsuccessful effort to find a creditworthy Page 4 of 7 .. assignee acceptable to Xerox in its sole discretion within your general organization who can continue this Agreement, this Agreement may be terminated. To effect this telmination, you shall, thirty (30) days prior to the beginning of the fiscal year for which your legislative body does not appropriate funds for such upcoming fiscal year, send Xerox written notice stating that your legislative body failed to appropriate funds and that you have made the required effort to find an assignee. Your notice must be accompanied by payment of all sums then owed through the current year to Xerox undcr this Agreement and must certify that the canceled Equipment is not being replaced by equipment perfol111ing similar functions during the ensuing fiscal year. In addition, you agree at your expense to return the Equipment in good condition to a location designated by Xerox and that, when returned, the Equipment will be free of all liens and encumbrances. You will then be released from your obligations to make any further payments to Xerox bcyond those due for the current fiscal year (with Xerox retaining all sums paid to date). e. T AX TREATMENT. This Agreement has been accepted on the basis of your representation that Xerox may claim any interest paid by you as exempt from federal income tax under Section 103(c) of the Code. You agree to comply with the information reporting requirements of Section l49(e) of the Code. Such compliance shall include, but not be limited to, the execution of 8038-G or 8038-GC Information Returns. You hereby appoint Xerox as your agent to maintain, and Xerox agrees to maintain, or cause to be maintained, a complete and accurate record of all assignments of this Agreement in f0l111 sufficient to comply with the book entry requirements of Section 149(a) of the Code and the regulations prescribed thereunder from time to time. Should Xerox lose the benefit of this exemption as a result of your failure to comply with or be covered by Section I 03( c) or its regulations, then, subject to the availability of funds and upon demand by Xerox, you shall pay Xerox an amount equal to its loss in this regard. At the time of execution of this Agreement, you shall provide Xerox with a properly prepared and executed copy of US Treasury Form 8038 or 8038-Ge. D. PAYMENT. Your payment is due within thirty (30) days of our invoice date. ADDITIONAL TERMS: The following additional terms apply only to the extent that you have agreed to one or more of the options described below: 25. CONSUMABLE SUPPLIES INCLUDED IN BASEJPRlNT CHARGES. If this option has been selected, Xerox (or a designated servicer) will provide you with black toner (excluding highlight color toner), black developer, copy Cartridges, and, if applicable, fuseI' ("Consumable Supplies") throughout the term of this Agreement. For full-color Equipment, Consumable Supplies shall also include, as applicable, color toner and developer. You agree that the Consumable Supplies are Xerox's property until used by you, that you will use them only with the Equipment, that you will retul11 all Cartlidges to Xerox for remanufacturing once they have been run to their cease-function point (at Xerox's expense when using Xerox- supplied shipping labels), and that at the end of the telm of this Agreement either (a) you will retUI11 any unused Consumable Supplies to Xerox (at Xerox's expense when using Xerox-supplied shipping labels)or (b) destroy them in a manner permitted by applicable law. Should your use of Consumable Supplies exceed Xerox's published yields for these items by more than 10%, you agree that Xerox shall have the light to charge you for any such excess usage. When requested by Xerox, you agree to provide meter readings and inventory of Consumable Supplies in your possession. 26. REPLACEMENT / MODIFICATION OF PRIOR XEROX AGREEMENT. If this option has been selected, this Agreement will replace or modify a prior agreement between you and Xerox covering the specified equipment. If it is a replacement agreement, the prior agreement shall be null and void. If it is a modification, the plior agreement shall remain in effect except that any terms presented in this modification agreement that contlict with, or are additive to, any of the terms in the prior agreement shall take precedence over the terms in the plior agreement for the balance of the Agreement. In addition, modifications requiring a reamortization of your payments may include a one-time administrative/processing charge that will appear on your first bill under this revised an'angement. 27. XEROX AS FINANCIAL INTERMEDIARY. If this option has been selected, you are leasing specifically identified products that were selected by you and that are not sold by Xerox in the normal course of its business. If you have signed a purchase contract for such products, by signing this Agreement you assign your rights but none of your obligations under such purchase contract to Xerox. With regard to these products, you agree that Xerox is leasing them to you "AS IS, WHERE IS" and that XEROX HAS NOT MADE, AND YOU HEREBY WAIVE, ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT, and (b) ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS' SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Xerox assigns to you, to the extent assignable, any walTanty Xerox FOIm# 51860t&c (05/2005) 8/17/2006 rights it has to these products (which rights shall revert to Xerox if you breach this Agreement). You agree (I) that these products are not covered by Xerox's obligation to provide Basic Services; (2) to maintain a service agreement for these products with a service provider acceptable to Xerox throughout this Agreement's telm; (3) to pay all personal propeIty taxes related to these products; and (4) to assign to Xerox any rights you have to these products until title passes from Xerox to you (which, subject to any software licenses surrounding the acquisition of these products, shall occur when you obtain title to all Xerox-brand Equipment covered by this Agreement). 28. FINANCED SOFTWARE TOTAL. If this option has been selected, the initial license fees for any Application Software set fOIth in this Agreement shall be paid for through your Minimum Lease Payments. If you breach this license or any of your obligations regarding the Equipment, the full amount of the initial license fees shall be immediately due and payable. 29. FINANCED SUPPLIES TOTAL. If this option has been selected, the cost of any supplies you have purchased under this Agreement shall bc paid for through your Minimum Lease Payments. If you breach any of your obligations regarding the Equipment, the full amount of the supply costs shall become immediately due and payable. 30. REFINANCE OF PRIOR AGREEMENT. If this option has been selected, the balance of your plior indicated agreement with Xerox or a third party shall be paid for through your Minimum Lease Payments. If your prior agreement is with a third party, you hereby acknowledge that you have the right to tem1inate the agreement and agree to provide a statement from the third-party identifying the equipment at issue and the amount to be paid off (as well as a statement from you identifying the payee and mailing address for your payoff check). If YOllI' prior agreement was with Xerox, the use of this refinance option shall render your prior agreement null and void. If you breach this Agreement, the full amount of your prior agreement balance shall be immediately due and payable. 31. ADJUSTMENT PERIOD. If this option has been selected, your Minimum Lease Payment and/or Print Charges shall be adjusted in accordance with the infol111ation contained in the Adjustment Period portion of this Agreement; as a result, your initial payment(s) shall be different from those payable during the balance of this Agreement. 32. K-16 BILLING SUSPENSION. If this option has been selected, the Maintenance Component of your Minimum Lease Payment and Print Charges will be suspended each year during the months indicated. During these months, you agree that you will not use the Equipment and that Xerox shall not be responsible for providing Basic Services on it. If Xerox provides Basic Services during the K- 16 Billing Suspension period, you will be billed at Xerox's then-current Time and Materials ("T &M") rates for such Basic Services. 33. TRADE-IN EQUIPMENT. If this option has been selected, you are providing equipment to Xerox as part of this Agreement ('Trade-In Equipment") and the following shall apply: A. TITLE TRANSFER. You wan'ant that you have the right to transfer title to the Trade-In Equipment and that it has been installed and performing its intended function. Title and lisk of loss to the Trade-In Equipment shall pass to Xerox when Xerox removes it from your premises. B. CONDITION. You warrant that the Trade-In Equipment is in good working order, has not been modified from its original configuration (other than by Xerox), and has a UL label attached. You agree to maintain the Trade-In Equipment at its present site and in substantially its present condition until removed by Xerox. e. ACCRUED CHARGES. You agree to pay all accrued charges for the Trade-In Equipment (up to and including payment of the Final Principal Payment Number) and to pay all maintenance, administrative, supply and finance charges for this equipment through the date title passes to Xerox. 34. RUN LENGTH PLAN. If this option has been selected, the first ten prinlS of each original (per run) are recorded and billed on both meters with all subsequent prints recorded and billed on Meter A only. 35. FIXED PRICE PLAN. If this option has been selected, Xerox will forego its right to increase the Maintenance Component throughout the initial term of this Agreement. 36. PER-FOOT PRICING. If this option has been selected, all Print Charges will be billed on a per-foot basis, with each linear or square foot, as applicable, equal to one print. 37. EXTENDED SERVICE HOURS. If this option has been selected, Xerox will provide Basic Services during the hours indicated, with the first number establishing the number of eight-hour shifts covered and the second establishing the days of the week (e.g., 2 x 6 would provide service from 8:00 A.M. to II :59 P.M., Monday through Saturday). The cost of this enhanced service coverage will be Page 5 of 7 .' billed separately and, as such, is not included in your Minimum Lease Payment or Print Charges, 38, ATTACHED ADDENDA If this option has been selected, you acknowledge that one or more specified addenda (as indicated)have been provided to you, These addenda, which provide additional terms relevant to the transactions covered hereunder, are hereby fully integrated into this Agreement. 39, NEGOTIATED CONTRACT, If this option has been selected, the Products identified in this Agreement are subject solely to the terms contained ill (a) either (I) the identified Negotiated Contract for a lease transaction or (2) if there are no such temlS in the Negotiated Contract, the terms set forth in this Agreement, and, if applicable and notwithstanding anything to the contrary set forth in the Negotiated Contract, (b) the "Additional Terms" p0l1ion of this Agreement for the selected option or options to the extent the subject matter of any such selected option is not addressed in the Negotiated Contract 40. DSA CONTRACT NUMBER. If a DSA Contract Number has been inserted, the Equipment and/or software identified in this Agreement are associated with the Services being provided under the referenced Document Services Agreement ("DSA"), but such Equipment and/or software are subject solely to the terms contained in this Agreement. For customer support tools to manage your account online, visit your Account Management link @ www.xerox.com Xerox Form# 51860t&c (05/2005) 8/1 7/2006 Page 6 of 7 t " XE'I(OX,ni AGREEMENT ADDENDUM (TEXAS GOVERNMENTAL ENTITY AS LESSEE) This ADDENDUM ("Addendum") amends the agreement between you and Xerox to which it is attached (the "Agreement"). The parties agree to the following terms: I. Under the heading of the Agreement titled "GOVERNMENT CUSTOMER TERMS", the Section titled "FUNDING" is deleted in its entirety and the following is inserted in its place: FUNDING. You represent and warrant that all payments due and to become due during your current fiscal year are within the fiscal budget of such year and are included within an unrestricted and unencumbered appropriation currently available for the lease/purchase of the Equipment, and that it is your intent to use the Equipment for the entire term of this Agreement and to make all payments required under this Agreement. In the event that your legislative body does not appropriate funds for the continuation of this Agreement for any fiscal year after the first fiscal year and has no funds to do so from other sources, this Agreement may be terminated. To effect this termination, you shall, thirty (30) days prior to the beginning of the fiscal year for which your legislative body does not appropriate funds for such upcoming fiscal year, send Xerox written notice stating that your legislative body failed to appropriate funds. Your notice must be accompanied by payment of all sums then owed through the current fiscal year to Xerox under this Agreement. In addition, you agree' at your expense to return the Equipment in good condition to a location designated by Xerox and that, when returned, the Equipment will be free of all liens and encumbrances. You will then be released from your obligations to make any further payments to Xerox beyond those due for the current fiscal year (with Xerox retaining all sums paid to date). Except as specifically amended by this Addendum, all of the other terms set forth in the Agreement shall remain in full force and effect. Xerox Foml# 54105_ TX (05/2005A) 8/1 712 006 Page 7 of 7 TEXAS DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. 2007-020590 FOR PRENATAL CARE AND FAMILY PLANNING SERVICES FOR INDIGENT WOMEN FOR $23.127 AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to approve the Texas Department of State Health Services Contract No. 2007-020590 for Prenatal Care and Family Planning Services for Indigent Women for $23,127 and authorize Judge Pfeifer to sign the contract. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. .... -, if, r of' '. DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2007-020590 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CALHOUN COUNTY HEALTH DEPARTMENT (Contractor), a Public Entity, (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $23,127.00, and the payment methodes) shall be as specified in the Program Attachments. 3. Fundin20bli2ation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 09/01/2006 and ends on 08/31/2007. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Formin2 Contract. The Contract consists of the following: a. Core Contract (this document) b. Program Attachments: 2007-020590-001 SDI - FEE FOR SERVICE c. General Provisions (Sub-recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648-1 . ... ~ ~ 7. ConflictiDl! Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CALHOUN COUNTY Address: COURTHOUSE ANNEX 201 W AUSTIN ST PORT LAVACA, TX 77979-4210 Vendor Identification Number: 17460019239004 9. Entire A2reement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. 92648-1 :. 7. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CALHOUN COUNTY HEALTH DEP ARTMENT. By: Signature of Authorized Official ~~r - BY:~ d., Q~ Iff SIgnature I . ~L ). ~\-, bV <j7--3tJ--ot Date Date Bob Burnette, C.P.M., CTPM Michael J.Pfeifer, County Judge Printed Name and Title Director, Client Services Contracting Unit 211 S. Ann Street, Suite 304 Address 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 Port Lavaca TX 77979 City, State, Zip (512) 458-7470 361-553-[+600 Telephone Number Bob.Burnette@dshs.state.tx.us calhoun@tisd.net E-mail Address for Official Correspondence 92648-1 2007 GENERAL PROVISIONS (SUBRECIPIENT) TABLE OF CONTENTS ARTICLE I COMPLIANCE AND REPORTING 1 1.01 Compliance with Statutes and Rules 1 1.02 Compliance with Requirements of Solicitation Document 1 1.03 Reporting 1 .1.04Immunization,Repor:ting 1 1.05 Client Eligibility 1 1.06 Federal and State Laws, Rules and Ordinances 1 1.07 Applicable Contracts Law and Venue for Disputes 2 1.08 Applicable Laws and Regulations Regarding Funding Sources 2 1.09 Statutes and Standards of General Applicability 2 1.10 General Provisions Applicable to Interagency & Interlocal Contracts 4 ARTICLE II SERVICES 5 2.01 Education to Persons in Residential Facilities 5 2.02 Disaster Services 5 2.03 Consent to Medical Care 5 2.04 Telemedicine Medical Services 5 2.05 Fees for Services 6 2.06 Cost Effective Purchasing of Medications 6 ARTICLE III FUNDING 6 3.01 Debt to State and Corporate Status 6 3.02 Application of Payment Due 6 3.03 Use of Funds 7 3.04 Use for Match Prohibited 7 3.05 Program Income 7 3.06 Nonsupplanting 7 ARTICLE IV PAYMENT METHODS AND RESTRICTIONS 7 4.01 Payment Methods 7 4.02 Billing Submission 7 4.03 Final Billing Submission 8 4.04 Working Capital Advance 8 4.05 Financial Status Reports (FSRs) 8 4.06 Third Party Payors 8 ARTICLE V TERMS AND CONDITIONS OF PAYMENT 8 5.01 Prompt Payment 8 5.02 Withholding Payments 9 5.03 Condition Precedent to Requesting Payment 9 5.04 Acceptance as Payment in Full 9 I I I I I I l EF29-l2425 General Provisions (Core Subrecipient 2007) Table of Contents - Page 1 Rev. 07/20/2006 ALLOWABLE COSTS AND AUDIT REQUIREMENTS 9 9 9 10 ARTICLE VI 6.01 Independent Audit 6.02 Allowable Costs 6.03 Submission of Audit 'J' ART.ICLE V:II . CONFIDENTIALITY 7.01 Confidential Information 7.02 Maintenance of Confidentiality 7.03 Use of PHI 7.04 Disclosure to Department 7.05 Department Access to PHI 7.06 Exchange of Client-Identifying Information 7.07 Security of Patient or Client Records 7.08 HIV/AIDS Model Workplace Guidelines ARTICLE VIII RECORDS RETENTION 8.01 Retention 8.02 Survival of Obligations ARTICLE IX ACCESS AND INSPECTION 9.01 Access 9.02 State Auditor's Office 9.03 Responding to Deficiencies ARTICLE X NOTICE REQUIREMENTS 10.01 Child Abuse Reporting Requirement 10.02 Significant Incidents 10.03 Litigation 10.04 Action Against Contractor 10.05 Insolvency 10.06 Misuse of Funds 10.07 Criminal Activity and Disciplinary Action 10.08 Retaliation Prohibited 10.09 Documentation 11 11 11 11 11 11 11 12 12 12 12 13 13 13 13 13 13 13 14 14 14 14 14 15 15 15 ARTICLE XI ASSURANCES AND CERTIFICATIONS 11.01 Certification 11.02 Contracting with Executive Head of State Agency 11.03 Child Support Delinquencies 11.04 Authorization 11.05 Gifts and Benefits Prohibited 11.06 Ineligibility t~ Receive the Contract 11.07 Antitrust EF29-12425 General Provisions (Core Subrecipient 2007) 15 15 16 16 16 16 16 17 Table of Contents - Page 2 Rev. 07/20/2006 ARTICLE XII GEN. BUS. OPERATIONS OF CONTRACTOR 17 12.01 Board Training 17 12.02 Duty of Compliance 17 12.03 Management and Control Systems 17 12.04 Insurance and Bonding 18 12.05 Fidelity Bond 18 12.06 Liability Coverage 18 12.07 Overtime Compensation 18 12.08 Program Site 18 12.09 Cost Allocation Plan 18 12.10 Reporting Unit Rate and Fee for Service Contracts 19 12.11 Historically Underutilized Businesses (HUBs) 19 12.12 Buy Texas 19 12.13 Contracts with Subrecipent Subcontractors 19 12.14 Status of Subcontractors 20 12.15 Incorporation of Terms 20 12.16 Independent Contractor 20 12.17 Authority to Bind 20 12.18 Tax Liability 20 12.19 Notice of Organizational Change 21 12.20 Quality Management 21 12.21 Equipment Purchases 21 .12.22 Supplies 21 12.23 Changes to Equipment List 21 12.24 Property Inventory and Protection of Assets 21 12.25 Bankruptcy 22 12.16 Title to Property 22 12.27 Property Acquisitions 22 12.28 Disposition of Property 22 12.29 Closeout of Equipment 22 12.30 Assets as Collateral Prohibited 22 ARTICLE XIII GENERAL TERMS 22 13.01 Assignment 22 13.02 Lobbying 23 13.03 Conflict of Interest 23 13.04 Transactions Between Related Parties 23 13.05 Intellectual Property 24 13.06 Other Intangible Property 24 13.07 Severability and Ambiguity 25 13.08 Legal Notice 25 13.09 Successors 25 13.10 Headings 25 13.11 Parties 25 13.12 Survivability of Terms 25 EF29-12425 General Provisions (Core Subrecipient 2007) Table of Contents -:. Page 3 Rev. 07/20/2006 13.13 Direct Operation 25 13.14 Customer Service Information 25 13.15 Amendment 25 13.16. Contractor's Notification of Change to Certain Contract Provisions 26 13.17 Contractor's Request for Revision of Certain Contract Provisions 26 13.18 Immunity Not Waived 27 13.19 Hold Harmless 27 13.20 Waiver 27 ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE 27 14.01 Actions Constituting Breach of Contract 27 14.02 General Remedies and Sanctions 27 14.03 Notice of Sanctions 29 14.04 Emergency Action 29 ARTICLE XV CLAIMS AGAINST THE DEPARTMENT 30 15.01 Breach of Contract Claim 30 15.02 Notice 30 15.03 Sole Remedy 30 15.04 Condition Precedent to Suit 30 15.05 Performance Not Suspended 30 ARTICLE XVI TERMINATION 31 16.01 Expiration of Contract or Program Attachment(s) 31 16.02 Effect of Termination 31 16.03 Acts Not Constituting Termination 31 16.04 Termination Without Cause 31 . 16.05 Termination For Cause 31 16.06 Notice of Termination 33. ARTICLE XVII VOID, SUSPENDED AND TERMINATED CONTRACTS 33 17.01 Void Contracts 33 17.02 Effect of Void, Suspended or Involuntarily Terminated Contract 33 17.03 Appeals Rights 33 ARTICLE XVIII CLOSEOUT AND CONTRACT RECONCILIATION 34 18.01 Cessation of Services at Closeout 34 18.02 Administrative Offset 34 18.03 Deadline for Closeout 34 18.04 Payment of Refunds 34 18.05 Disallowances and Adjustment 34 18.06 Contract Reconciliation 34 EF29-12425 General Provisions (Core Subrecipient 2007) Table of Contents - Page 4 Rev. 07/20/2006 Fiscal Year 2007 Performance Contract General Provisions (Core/Subrecipient) ARTICLE I COMPLIANCE AND REPORTING Section 1.01 Compliance with Statutes and Rules. Contractor shall comply, and shall require its subcontractor(s) to comply, with the requirements set forth in the Department's rules of general applicability and other applicable statutes and rules as such statutes and rules currently exist and as they may be lawfully amended. The Department rules are set forth in the Texas Administrative Code, Title 25 (Rules). Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, shall apply to this Contract. To the extent this Contract imposes a higher standard, or additional requirements beyond those required by applicable statutes, regulations or the Rules, the terms of the Contract shall control. Section 1.02 Compliance with Requirements of Solicitation Document. Except as specified in these General Provisions or the Program Attachment(s), Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document (including any revised or additional terms agreed to in writing by Contractor and DSHS prior to execution of this Contract) for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon the Contractor's response to the Solicitation Document. The Parties agree that any misrepresentation contained in the Contractor's response to the Solicitation Document shall constitute a breach ofthis Contract. Section 1.03 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department. Contractor shall provide any other information required by the Department. Failure to submit a required report or additional requested information by the due date specified in the Program Attachment(s) or upon request constitutes a breach of contract, may result in delayed payment, and may adversely affect evaluation of Contractor's future contracting opportunities with the Department. Contractor shall submit reports and additional information requested by DSHS in the format required by DSHS. Section 1.04 Immunization Reporting. If Contractor provides immunizations, Contractor shall comply with all immunization reporting guidelines and requirements set forth in Health and Safety Code, Chapter 161, Subchapter A. Contractor shall include this provision in any subcontract with subcontractors that provide immunizations. Section 1.05 Client Eligibility. Where applicable, financial eligibility criteria, financial assessment procedures, and standards developed by the Department shall be utilized by Contractor to determine client eligibility. Section 1.06 Federal and State Laws, Rules and Ordinances. Contractor shall comply with all applicable federal and state statutes, rules and regulations, including but not limited to Office of Management and Budget (OMB) Circulars and Unifonn Grant Management EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 1 Standards (UGMS), as applicable. Section 1.07 Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, the Contract shall be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit shall be Travis County, Texas. Section 1.08 Applicable Laws and Regulations Regarding Funding Sources. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, shall apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), TEX. Gov'T. CODE ch. 783, as amended, and UGMS as amended by revised federal circulars and incorporated in UGMS by the Governor's Budget and Planning Office. UGMA is located on the Internet at http://www.capitol.state.tx.us/statutes/statutes.html; the UGMS are located on the Internet at httr:/ /www.governor.state.tx.us/divisions/stategrants/ guidelines/view. Contractor also shall comply with all applicable federal and state assurances contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreement ~_.14. Section 1.09 Statutes and Standards of General Applicability. It is Contractor's responsibility to review and comply with all applicable statutes, rules, regulations, executive orders and policies. Contractor shall carry out the terms of this Contract in a manner that is in compliance with the provisions set forth below. To the extent such provisions are applicable to Contractor, Contractor agrees to comply with the following: a) The following statutes and DSHS policy that collectively prohibit discrimination on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse or religion: 1) Title VI of the Civil Rights Act of 1964,42 U.S.C.A. ~~ 2000d et seq.; 2) Title IX of the Education Amendments of 1972,20 U.S.C.A. ~~ 1681-1683, and 1685-1686; 3) Section 504 of the Rehabilitation Act of 1973,29 U.S.C.A. ~ 794(a); 4) the Americans with Disabilities Act of 1990,42 U.S.c.A. ~~ 12101 et seq.; 5) Age Discrimination Act of 1975, 42 U.S.C.A. ~~ 6101-6107: 6) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970,42 U.S.C.A. ~ 290dd (b)(I); 7) 45 CFR Parts 80, 84, 86 and 91; 8) TEX. LAB. CODE. ch. 21; and 9) DSHS Policy AA-5018, Non-discrimination Policy for DSHS Programs; b) Drug Abuse Office and Treatment Act of 1972, 21 U.S.C.A. ~~ 1101 et seq., relating to drug abuse; c) Public Health Service Act of 1912, ~~ 523 and 527, 42 V.S.C.A. ~ 290dd-2, and 42 C.F.R. pt. 2, relating to confidentiality of alcohol and drug abuse patient records; d) Title VIII of the Civil Rights Act of 1968,42 U.S.C.A. ~~ 3601 et seq., relating to nondiscrimination in housing; e) Immigration Reform and Control Act of 1986, 8 U.S.c.A. ~ 1324a, regarding employment verification; EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 2 f) Pro-Children Act of 1994,20 U.S.C.A. 99 6081-6084, regarding the non-use' of . all tobacco products; g) National Research Service Award Act of 1971, 42 U.S.C.A. 9S 289a-l et seq., and 6601 (P.L. 93-348 and P.L. 103-43), as amended, regarding human subjects involved in research; h) Hatch Political Activity Act, 5 U.S.C.A.SS 7321-26, which limits the political activity of employees whose employment is funded with federal funds; i) Fair Labor Standards Act, 29 U.S.C.A. SS 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 U.S.C.A. SS 4701 et seq., as applicable, concerning minimum wage and maximum hours; j) TEX. GOV'T CODE ch. 469 (Supp. 2004), pertaining to eliminating architectural barriers for persons with disabilities; k) Texas Workers' Compensation Act, TEX. LABOR CODE, chs. 401-406 28 TEX. ADMIN. CODE pt. 2, regarding compensation for employees' injuries; 1) The Clinical Laboratory Improvement Amendments of 1988, 42 USC 9 263a, regarding the regulation and certification of clinical laboratories; m) The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR 9 1910.1030, or Title 25 Tex. Admin Code ch. 96 regarding safety standards for handling blood borne pathogens; n) Laboratory Animal Welfare Act of 1966, 7 USC 99 2131 et seq., pertaining to the treatment of laboratory animals; 0) Environmental standards pursuant to the following: 1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 usc 99 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" 2) Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3) Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (p.L. 93-234); 5) Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 usc 99 1451 et seq; 6) Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, as amended, 42 use ~~ 7401 et seq.; 7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 usc 99 300f-300j; 8) Protection of endangered species under the Endangered Species Act of 1973, 16 USC 99 1531 et seq.; 9) Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955,42 USC 97401 et seq.; 10) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,42 USC 99300f-330j; 11) Wild and Scenic Rivers Act of 1968 (16 U.S.C. 99 1271 et seq.) related to protecting certain rivers system; and 12) Lead-Based Paint Poisoning Prevention Act (42 U.S.c. 99 4801 et seq.) prohibiting the use of lead,.based paint in EF29-12425 General Provisions (Core Sub:recipient 2007) Rev. 07/20/2006 Page 3 residential construction or rehabilitation; p) Intergovernmental Personnel Act of 1970 (42 USC 994278-4763 regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration (5 C.F.R. Part 900, Subpart F); q) Titles Hand III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act .of 197.o,,(P.L.. 9J..,646), relating ,to fair, treatment ;of .persons ,displaced ,Of whose property is acquired as a result of Federal or federally-assisted programs; r) Davis-Bacon Act (40 US.C. 99 276a to 276a-7), the Copeland Act (40 US.C. 9276c and 18 U.S.C. S 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. SS 327-333), regarding labor standards for federally-assisted construction subagreements; s) National Historic Preservation Act of 1966, 9106 (16 US.C. S 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1974 (16 US.c. SS 469a-I et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; t) Financial and compliance audits in accordance with Single Audit Act Amendments of 1996 and OMB Circular No. A-I33, "Audits of States, Local Governments, and Non-Profit Organizations;" and u) requirements of any other applicable statutes, executive orders, regulations and policies, If this Contract is funded by a grant, additional requirements found in the Notice of Grant Award are imposed on Contractor and incorporated herein by reference. Section 1.10 General Provisions Applicable to Interagency and Interlocal Contracts. Certain sections or portions of sections of these General Provisions shall not apply to Contractors that are State agencies or units of local government; and certain additional provisions shall apply to such Contractors. a) The following sections or portions of sections ofthese General Provisions shall not apply to interagency or interlocal contracts: . 1) Hold Harmless; 2) Independent Contractor (delete the third sentence in its entirety; delete the word "employees" in the fourth sentence; the remainder of the section applies) 3) Insurance and Bonding; and 4) . Liability Coverage. b) The following additional provisions shall apply to interagency contracts: 1) This Contract is entered into pursuant to the authority granted and in 'compliance with the provisions of the Interagency Cooperation Act, Gov. Code Chapter 771. 2) The parties hereby certify that (1) the services specified are necessary and essential for the activities that are properly within the statutory functions and programs of the effected' agencies of State government; (2) the proposed arrangements serve the interest of ~fficient and economical administration of the State government, and (3) the services, supplies or materials contracted for are not required by Section 21 of Article 1,6 of the Constitution of the State of Texas to be supplied under contract given to the lowest responsible bidder. EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 4 3) DSHS certifies that it has the authority to enter into this Contract granted in Health and Safety Code Chapter 1001, and Contractor certifies that it has specific statutory authority to enter into and perform this Contract. (c) The following additional provisions shall apply to interlocal contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Gov. Code Chapter 791. 2) Payments made by DSHS to Contractor shall be from current revenues available to DSHS. 3) Each party represents that it has been authorized to enter into this Contract. (d) Contractor agrees that Contract Revision Requests, when signed by a duly authorized representative of Contractor, shall be effective as of the effective date specified by the Department, whether that date is prior to or after the date of any ratification by Contractor's governing board. ARTICLE II SERVICES Section 2.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all persons, who are housed in Department licensed and/or funded residential facilities and who are twenty-two (22) years of age or younger, have access to educational services as required by TEX. EDUC. CODE g 29.012. Contractor shall notify the local education agency or local early intervention program as prescribed by TEX. EDUC. CODE g 29.012 not later than the third calendar day after the date a person who is twenty-two (22) years of age or younger is placed in Contractor's residential facility. Section 2.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man-made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, . Contractor may be called upon to assist DSHS in providing services, as appropriate, in the following areas: community evacuation, health and medical assistance; assessment of health and medical needs; health surveillance; medical care personnel; health and medical . equipment and supplies; patient evacuation; in-hospital care and hospital facility status; food, drug, and medical device safety; worker health and safety; mental health and substance abuse; public health information; vector control and veterinary services; and victim identification and mortuary services. Disaster services shall be carried out in the manner most responsive to the needs of the emergency, be cost effective, and be least intrusive on the primary services of the Contractor. Section 2.03 Consent to Medical Care. If Contractor provides medical, dental, psychological or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors, the treatment of a minor shall be provided only if consent to treatment is obtained pursuant to TEX. F AM. CODE, Chapter 32 relating to consent to treatment of a child by a non-parent or child or pursuant to other state law. If requirements of federal law relating to consent directly conflict with TEX. FAM. CODE, Chapter 32, federal law shall supersede state law. Section 2.04 Telemedicine Medical Services. Contractor shall ensure that if a provider uses telemedicine/telepsychiatry that the services are implemented in accordance with written procedures and using protocol approved by the Contractor's medical director and utilizing EF29-l2425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 5 equipment that complies with the equipment standards as required by the Department. Procedures of telemedicine service provision must include the following requirements: a) clinical oversight by the Contractor's medical director or designated physician responsible for medical leadership; b) contraindication considerations for telemedicine use; c) qualified staff members to ensure the safety of the individual being served by telemedicine. at the remote site; d) safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e) use by credentialed licensed providers providing clinical care within the scope of their licenses; 1) demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g) priority in scheduling the system for clinical care of individuals; h) quality oversight and monitoring of satisfaction of the individuals served; and i) management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Section 2.05 Fees for Services. Contractor may develop a fee-for-service system and schedule of fees for personal health services in accordance with the provisions of Health and Safety Code ~12.032, DSHS Rule ~1.91 covering Fees for Personal Health Services, and other applicable laws or grant requirements. The amount of a fee shall not exceed the actual cost of providing the services. No patient may be denied a service due to inability to pay. Section 2.06 Cost Effective Purchasing of Medications. Contractor shall make needed medications available to clients at the lowest possible prices and use the most cost effective medications purchasing arrangement possible. ARTICLE III FUNDING Section 3.01 Debt to State and Corporate Status.. Pursuant to TEX. GOV'T. CODE ~ 403.055, the Department will not approve and the State Comptroller will not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. Contractor, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Texas Tax Code gg 171.001 et seq, as amended). Contractor, if a corporation, further certifies that it is and will remain in good standing with the Secretary of State's office. A false statement regarding franchise tax or corporate status is a material breach of this Contract. If franchise tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 3.02 Application of Payment Due. Contractor agrees that any payments due under this Contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas. EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 6 Section 3.03 Use of Funds. Contractor agrees that it shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. Section 3.04 Use for Match Prohibited. Contractor agrees funds provided through this Contract shall not be used for matching purposes in securing other funding unless directed or approved by the Department in writing. Section 3.05 Program Income. Gross income directly generated from Department funds through a project or activity performed under a Program Attachment and/or earned only as a result of a Program Attachment during the term of the Program Attachment are considered program income. Unless otherwise required under the terms of the grant funding this Contract, the addition alternative, as provided in UGMS S _.25(g)(2), for the use of program income shall be used by Contractor to further the program objectives of the state or federal statute under which the Program Attachment was made, and it shall be spent on the same Program Attachment project in which it was generated. Contractor shall identify and report this income in accordance with the Compliance and Reporting Article of these General Provisions and the Special Provisions of the Program Attachment(s). Contractor shall expend program income during. the Program Attachment term and may not carry forward to the succeeding term. Program income not expended in the term in which it is earned shall be refunded to DSHS.. DSHS may base future funding levels, in part, upon Contractor's proficiency in identifying, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions set forth in this Contract. Section 3.06 Nonsupplanting. Contractor shall not supplant [i.e., use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Contract] but rather shall use funds from this Contract to supplement existing funds. Contractor shall use the funds from this Contract to increase state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE IV PAYMENT METHODS AND RESTRICTIONS. Section 4.01 Payment Methods. Except as otherwise provided by the Special Provisions ofthis Contract, the payment method for each program shall be one of the following methods: (a) cost reimbursement. This payment method is based on an approved budget in the Program Attachment(s) and successful submission of a request for reimbursement; (b) unit rate. This payment method is based on the set unit rate stated in the Program Attachment(s) and successful submission of all required forms; or (c) fee- for:"'service. This payment method is based on the agreed fee stated in the Program Attachment(s) and successful submission of all required forms. Section 4.02 Billing Submission. Contractors shall bill the Department in accordance with the Program Attachment(s) in the form and format prescribed by DSHS. Unless otherwise specified in the Program Attachment(s), Contractor shall submit requests for EF29-l2425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 7 reimbursement or payment monthly within thirty (30) calendar days following the end of the month covered by the bill. Section 4.03 Final Billing Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than sixty (60) calendar days following the end of the applicable term for goods received and services rendered during the term. If necessary to meet this deadline, Contractor may submit reimbursementor..payment requests by facsimile jransmission; Reimbursement. or payment requests received in DSHS's offices more than sixty (60) calendar days following the end of the applicable term will be denied. Consideration of requests for an exception will be made on a case-by-case basis subject to the availability of funding. Section 4.04 Working Capital Advance. If allowed under the Contract, a single one- time working capital advance per term of the Contract may be granted at the Department's discretion. Contractor must submit documentation to the Division Contract Management Unit assigned to the Contract to justify the need for a working capital advance. The working capital advance must be liquidated as directed by the Department. The requirements for the documentation justifying the need for an advance and the directions for liquidating the advance are found in the Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts. Section 4.05 Financial Status Reports (FSRs). Except as otherwise provided, for contracts with categorical budgets, Contractor shall submit quarterly FSRs to Accounts Payable by the thirtieth calendar day of the month following the end of each quarter of the Contract term for Department review and financial assessment. The final FSR must be submitted not later than 60 days following the end of the applicable term. Section 4.06 Third Party Payors. A third party payor is any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local, and private funding sources. Except as provided in the Contract, Contractor shall screen all clients and shall not bill the Department for services eligible for reimbursement from third party payors. Contractor shall: (a) enroll as a provider in Children's Health Insurance Plan and Medicaid if providing approved services authorized under the Contract that may be covered by those programs, and bill those plans for the covered services; (b) provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; (c) allow clients that are otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; (d) not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; (e) maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; (f) bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and (g) provide third party billing functions at no cost to the client. ARTICLE V TERMS AND CONDITIONS OF PAYMENT Section 5.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 8 .:'1t( this Contract, Department will pay Contractor. Payments are contingent upon a signed Contract and will not exceed the total of authorized funds under this Contract. Contractor is entitled to payment only if the service, work, and/or product has been authorized by the Department and performed or provided pursuant to the Contract. If those conditions are met, Department will make payment in accordance with the Texas prompt payment law (TEX. GOy'T. CODE, Chapter 2251). Contractor must comply with TEX. GOy'T. CODE, Chapter 2251 regarding its prompt payment obligations to subcontractors. Payment of invoices by the Department.shalLnot ,censtitute .acceptanceor approvaloLContractor',s .performance, ,and all invoices and Contractor's performance shall be subject to audit or review by the Department. Section 5.02 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset reimbursement for any ineligible expenditures or overpayments that Contractor has not refunded to Department, or if financial status report(s) required by the Department are not submitted by the date(s) due. Department may take repayment from funds available under this Contract, active or expired, in amounts necessary to fulfill Contractor's repayment obligations. Section 5.03 Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from Department. Section 5.04 Acceptance as Payment in Full. Contractor shall accept reimbursement or payment from DSHS as payment in full for services or goods provided to clients. Contractor agrees to not seek additional reimbursement or payment for services or goods from clients. ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 6.01 Independent Audit. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in state funds awarded or at least $500,000 in federal funds awarded, Contractor must have a single audit or program-specific audit in accordance with the Office of Management and Budget (OMB) Circ. No. A-133, the Single Audit Act of 1984, Pub. L. 98-502, 98 Stat. 2327, and the Single Audit Act Amendments of 1996, Pub. L. 104- 156, 11 0 Stat. 1396. The $500,000 federal threshold amount includes federal funds passed through by way of state agency awards. The audit shall be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and Uniform Grant Management Standards (UGMS) located on the Internet at http://www.governor.state.tx.us/divisions/stategrants/ guidelines/view. Contractor shall procure audit services in compliance with state procurement procedures, as well as with the provisions ofUGMS. Contractor shall not use the same accountant or accounting firm to conduct the independent audit for more than five consecutive years. Section 6.02 Allowable Costs. For services satisfactorily perfonned pursuant to this Contract, DSHS will reimburse Contractor for allowable costs. Reimbursements are contingent on a signed contract and will not exceed the total amount of the Contract. Contractor is entitled to payment only if the service, work, and/or product has been authorized and satisfactorily performed. Contractor must have incurred. a cost within the applicable term to be eligible for reimbursement under this Contract and prior to claiming EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 9 reimbursement. DSHS shall determine whether costs submitted by Contractor are allowable and reimbursable. If DSHS has paid funds to Contractor for unallowable or ineligible costs, Contractor shall return the funds to DSHS within thirty (30) calendar days of written notice. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) required under the Financial Status Reports Section are not submitted by the date(s) due. DSHS may take repayment from funds available under any term of the Contract, active -or expired, in amounts:necessary to fulfill ;Contractor'srepaymentobLigations. Applicable cost principles, audit requirements, and administrative requirements include: Applicable Applicable Audit Requirements Administra- Entity Cost Principles tive Requirements State, Local OMB Circular OMB Circular A-133 UGMS and Tribal A-87 and UGMS Governments Educational OMB Circular OMB Circular A-133 OMB Institutions A-21 and UGMS Circular A-11 0 Non-Profit OMB Circular OMB Circular A-133 UGMS Organizations A -122 and UGMS For-profit 48 C.F.R. Part Program audit UGMS Organization 31, Contract conducted by an other than a Cost Principles independent certified hospital and an Procedures, or public accountant in organization uniform cost accordance with named in accounting Governmental Auditing OMB Circular standards that Standards. A-122 as not comply with subject to that cost principles circular . acceptable to the federal or state awarding agency OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event ofa conflict. Section 6.03 Submission of Audit. Within thirty (30) calendar days of receipt of the audit reports required by this section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the Texas Health and Human Services Commission (HHSC), Office of Inspector General (OIG), at the following addresses: Department of State Health Services Contract Oversight and Support, Mail Code 1910 1100 West 49th St. EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 10 Austin Texas 78756-3199 Texas Health and Human Services Commission Office of Inspector General Compliance/Audit Mail Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 ARTICLE VII CONFIDENTIALITY. Section 7.0 I Confidential Information. Contractor is required to comply with state and federal laws relating to the privacy and confidentiality of patient and client records that contain protected health information (PHI), or other information or records made confidential by law. Section 7.02 Maintenance of Confidentiality. Contractor must maintain the confidentiality of information received during the performance of this Contract, including PHI, and any other information that discloses confidential personal information or identifies any client served by DSHS, in accordance with applicable federal and state law and Rules, including but not limited to 7 CPR Part 246; 42 CPR Part 2, 45 CPR Parts 160 and 164; Health and Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577,596, 611, and 773; and Occupations Code, Chapters 56 and 159 and all applicable Rules. Section 7.03 Use of PHI. If Contractor is subject to HIP AA privacy regulations at 45 CFR Parts 160 and 164, Contractor may receive, use and disclose PHI, as defined in 45 CFR 9164.501, only to carry out Contractor's duties under this Contract in accordance with the regulations. When using or disclosing PHI or when requesting PHI from another entity, Contractor must make reasonable efforts to limit the PHI to the minimum necessary to accomplish the intended purpose of the use, disclosure or request. Section 7.04 Disclosure to Department. Contractor is required to disclose PHI of patients or clients provided services funded through this Contract and other confidential information to Department upon request, or as otherwise required in other contract provisions or laws governing the release of client records or other confidential information. Section 7.05 Department Access to pill. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI under this Contract, without the consent of the individual to whom the PHI relates, under applicable state and federal confidentiality and privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and the Privacy Standards adopted to implement HIPAA at 45 C.P.R. pts. 160 and 164, at 9 164.512, and TEX. Occ. CODE ch.159, at 99 159.003 and 159.004. Section 7.06 Exchange of Client-Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 11 with 45 CFR S 164.504(e)(3)(i)(B), Health and Safety Code S 533.009 and Rule Chapter 414, Subchapter A or other applicable law or rules. Contractor shall disclose information described in Health and Safety Code S 614.017(a)(2) relating to special needs offenders, to all agency described in Health and Safety Code g614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.07 .Security .of .P.atient or cClient Records. Contractor must maintain .patient and client records in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination of this Contract, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract or if care or treatment is transferred to another DSHS-funded contractor. Section 7.08 HIV/AIDS Model Workplace Guidelines. If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV/AIDS (human immunodeficiency virus/acquired. immunodeficiency syndrome) Model Workplace Guidelines for Businesses, State Agencies, and State Contractors, policy No. 090.021, and Contractor shall educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the TEX. HEALTH & SAFETY CODE 9 85.112- 114. A link to the Model Workplace Guidelines can be found on the Texas Department of Health legacy website at http://wWw.tdh.state.tx.us/hivstd/policy/policv2.htm#top. ARTICLE VIII RECORDS RETENTION. Section 8.01 Retention. Contractor shall retain records In accordance with the Department's State of Texas Records Retention Schedule, located at http://www.dshs.state.tx.us/records/schedules.shtm. Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. At a minimum Contractor shall retain and preserve all other records, including financial records, which are generated or collected by Contractor under the provisions ofthis Contract, for a period of four (4) years after the termination of the Contract. If services are funded through Medicaid, the federal retention period, if more than four (4) years, shall apply. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit are resolved. Legal requirements for Contractor may extend beyond the retention schedules established in this section. Contractor shall retain medical records in accordance with Tex Admin Code Title 22, Part 9, g165.1(b) and (c) or other applicable statutes and regulations governing medical information. Contractor shall ensure that this provision concerning records retention is included in any subcontract it awards. If Contractor ceases business operations, it shall ensure that records relating to the Contract are securely stored and are accessible by the Department upon Department's request for at least four years from the date Contractor ceases business or from the termination date of the Contract, whichever is sooner. Contractor shall provide the name and address of the party responsible for storage of EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 12 records to the Division Contract Management Unit assigned to the Contract. Section 8.02 Survival of Obligations. The obligations of Contractor to retain records and maintain confidentiality of information shall survive this Contract. ARTICLE IX ACCESS AND INSPECTION. .. ...../ Bection.9.01 Access. In.addition to .any right of access ,arising by operation of law, Contractor, and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives, as. well as duly authorized federal, state or local authorities, including the Office of the Inspector General at HHSC (OIG), and the State Auditor's Office (SAO), unrestricted access to and the right to examine any site where business is conducted and all records (including client and patient records, if any), books, papers or documents related to the Contract. If deemed necessary by the Department or the OIG, for the purpose of investigation or hearing, Contractor shall produce original documents related to the Contract. Further, Contractor will ensure that information collected, assembled or maintained by the Contractor relative to this Contract is available to the Department for the Department to respond to requests that it receives under the Public Information Act. The Department and HHSC will have the right to audit billings both before and after payment. Payments will not foreclose the right of Department and HHSC to recover excessive or illegal payments. Contractor will ensure that this provision concerning the right of access to, and examination of, information related to the .Contract is included in any subcontract it awards. Section 9.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of the Department. The Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. The Contractor further agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. Contractor will. ensure that this provision concerning the authority to audit funds will apply to funds received indirectly by subcontractors through the Contractor, and the requirement to cooperate, is included in any subcontract it awards. Section 9.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of. Contractor's records will be conveyed in writing to Contractor. Contractor will submit, by the date prescribed by DSHS, a resolution to the deficiency in a program review or management or financial audit to the satisfaction of DSHS. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non- Compliance Article of this Contract. ARTICLE X NOTICE REQUIREMENTS. Section 10.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 13 HIV/STD; Family Planning (Titles X and XX); Primary Health Care; Maternal and Child Health; and Nutrition Services. Contractor shall make a good faith effort to comply with child abuse reporting guidelines and requireme:pts in TEX. F AM. CODE ch. 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. Contractor shall use the Checklist for Monitoring as required by the Department 10c'ated 'at'www :dshs :state:tx:us/childabusereporting. 'Contractor'shaU retain reporting documentation on site and make it available for inspection by DSHS. Section 10.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the Division Contract Management Unit assigned to the Contract incidents involving substantial disruption of program operation or potentially affecting Department funded clients or participants within seventy-two (72) hours of discovery. Section 10.03 Litigation. Contractor shall notify the Division Contract Management Unit assigned to the Contract of litigation to which Contractor is a party within seven (7) calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, including environmental and civil rights matters, professional liability, and employee litigation. Notification shall include the names of the parties, nature of the litigation and remedy sought, including amount of damages, if any. Section 10.04 Action Against the Contractor. Contractor shall notify the Division Contract Management Unit assigned to the Contract if Contractor has had a contract suspended or terminated by any local, state or federal department or agency or nonprofit entity. Such notification shall include the reason for such action that includes the name and contact information of the local, state or federal department or agency or entity, the date of the contract, and the contract or case reference number. If the Contractor, as an organization, has surrendered its license or has had its license suspended or revoked by any local, state or federal department or agency or non-profit entity, it shall disclose this information to the Department by submitting a one page description of the reason(s) for such action that includes the name and contact information of the local, state or federal department or agency, or entity, the date of the license action, and a license or case reference number. Section 10.05 Insolvency. Contractor shall notify in writing the Division Contract Management Unit assigned to the Contract of Contractor's insolvency, incapacity, or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three (3) working days of the date of determination that Contractor is insolvent, incapacitated, or the date Contractor discovered an unpaid obligation to the IRS or TWC. Contractor shall notify in writing the Division Contract Management Unit assigned to the Contract of its plan to seek bankruptcy protection within three (3) working days of-such action by the Contractor's board of directors. Section 10.06 Misuse of Funds. Contractor shall report to the Division Contract Management Unit assigned to the Contract and to the State Auditor's Office (SAO), any knowledge of debarment, suspected fraud, program abuse, possible illegal expenditures, unlawful activity, or violation of financial laws, rules, policies and procedures related to EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/2012006 Page 14 perfonnance under this Contract. Contractor shall make such report no later than three (3) working days from the date of discovery. Contractor shall make the report to the SAD at (800) TX-AUDIT, or by Internet at http://www.sao.state.tx.us. Section 10.07 Criminal Activity and Disciplinary Action. Contractor shall notify in writing the Division Contract Management Unit assigned to the Contract if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing ,employee of the Ol~ganization,anemployee or volunteer of Contractor, or a subcontractor has engaged in any activity that would constitute a criminal offense equal to or greater than a Class A misdemeanor or if such activity would reasonably constitute grounds for disciplinary action by a state or federal regulatory authority, or has been placed on community supervision, received deferred adjudication, or been convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall make the reports required by this section no later than three (3) working days from the date of discovery. Section 10.08 Retaliation Prohibited. Contractor shall not retaliate against any person who 'reports a violation of, or cooperates with an investigation regarding, any applicable law, ;rule, or standard to the SAD, the Department, another state agency, or any federal, state or local law enforcement official. Section 10.09 Documentation. Contractor shall maintain appropriate documentation of all notices. ARTICLE XI ASSURANCES AND CERTIFICATIONS. Section 11.01 Certification. Contractor certifies by execution of this Contract to the following: a) it is not ineligible for participation in federal or state assistance programs; b) neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency; c) it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; d) it is not subject to an outstanding judgment in a suit against Contractor for collection ofthe balance of a debt; , e) it is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor; and f) that no person who, has an ownership or controlling interest in Contractor or who is an agent or managing employee of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or a federal block grant. Where Contractor is 'unable to certify to any of the statements in this Article, Contractor shall submit an explanation to the Division Contract Management Unit assigned to the Contract. If Contractor's status with respect to the items certified above changes during the Contract, Contractor shall immediately notify the Division Contract Management Unit assigned to the EF29-12425 General Provisions (Core Subretipient 2007) Rev. 07120/2006 Page 15 Contract. '\J',: Section 11.02 Contracting with Executive Head of State Agency. Contractor certifies that it is in compliance with TEX. GOy'T. CODE S 669.003, relating to contracting with the executive head of a state agency. If Contractor currently or subsequently employs a current or former executive head of DSHS, Texas Department of Health, Texas Department of Mental Health and Mental Retardation or Texas Commission on Alcohol and Drug Abuse, ..contractorw.ill,submit the.following information to the Division Contract Management Unit assigned to the Contract: (a) Name of Executive; (b) Name of State Agency; (c) Date of Separation from State Agency, ifseparated; (d) Date of Employment with Contractor; and (e) Other information as required by DSHS to verify Contractor's compliance with TEX. GOy'T. CODE S 669.003. Section 11.03 Child Support Delinquencies. As required by TEX.F AM.CODE S 231.006, a child support obligor who is more than thirty (30) calendar days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least twenty-five percent (25%) is not eligible to receive payments from state funds under a contract to provide property, materials, or services or receive a state-funded grant or loan. If applicable, Contractor agrees to maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payinents specified in this Contract, and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 11.04 Authorization. Contractor certifies that it possesses legal authority to contract for the services set forth in this Contract and that a resolution, motion or similar action has been duly adopted or passed as an official act of the Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing th~ person identified as the authorized representative of the Contractor to act in connection with the Contract and to provide such additional information as may be required. Section 11.05 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, present or future employment, gift, loan, gratuity, special discount, trip, favor, or service to a DSHS or HHSC official or employee in connection with this Contract. Section 11.06 Ineligibility to Receive the Contract. Pursuant to TEX. GOy'T. CODE Section S 2155.004, Contractor is ineligible to receive this Contract ifthe Contract includes financial participation by a person who received compensation from DSHS to participate in preparing the specifications or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor, nor its employees, nor anyone acting for the Contractor has received compensation from DSHS for participation in the preparation of specifications for this Contract or in the Solicitation Document on which this Contract is based. Contractor further certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract. Contractor acknowledges that this Contract may be EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 16 terminated and payment withheld ifthese certifications are inaccurate. < ',' Section 11.07 Antitrust. Pursuant to 15 U.S.C.A. Sec. 1, et seq. and TEX. Bus. & COMM. CODE Section S 15.01, et seq. Contractor certifies that neither Contractor, nor anyone acting for the Contractor has violated the antitrust laws of this state or federal antitrust laws, nor communicated directly or indirectly regarding the bid with any competitor or any other person engaged in such line of business for the purpose of substantially lessening competition in. such line.of business. ARTICLE XII GENERAL BUSINESS OPERATIONS OF CONTRACTOR. Section 12.01 Board Training. If they have not already done so within the preceding two (2) years, a majority of the board of directors of Contractor shall review the Department's board training in the format provided by the Department and shall verify in writing to the Division Contract Management Unit assigned to the Contract that the review took place. Written verification shall be submitted no later than the end of the first quarter of the Contract and shall be in the form required by the Department. This review shall be completed at least every two (2) years of consecutive funding from the Department, except that each member of the governing board of a Contractor that provides mental health services shall complete the board training review initially and then annually. Section 12.02 Duty of Compliance. Contractor and its governing board, shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c)(3) organizations as defined in the Internal Revenue Service Code as not for-profit organizations. The responsibility of Contractor's governing board shall include: accountability for all funds and materials received from Department; compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified thTough self-evaluation and Department's monitoring processes. Further, Contractor's governing board shall ensure separation of powers, duties, and functions of board members and staff. Staff members, including the executive director, shall not serve as voting members of the Contractor's governing board. Ignorance of any Contract provisions or other requirements contained or referenced in this Contract shall not constitute a defense or basis for waiving or appealing such provisions or requirements. Section 12.03 Management and Control Systems. Contractor shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS and adhere to procedures detailed in Department's Contractor's Financial Procedures Manual available at the Department's web site: http://www.dshs.state.tx.us/contracts. Those requirements shall include at a minimum: a) financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; b) financial management systems including accurate, correct, and complete accounting records that identify the source and application of funds provided under each Program Attachment of this Contract, and that support the information EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 17 contained in required financial reports; and cost source documentation; and (c) effective internal and budgetary controls; determination of reasonableness, allowableness, and allocability of costs; timely and appropriate audits and resolution of any findings; billing and collection policies; and a mechanism capable of billing and making reasonable efforts to collect from clients and third parties. , f~ Section 12.'04 . Insurance 'and 'Bonding. 'Contractor shall maintain insurance or other means of replacing assets purchased with Department funds. Section 12.05 Fidelity Bond. Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to $100,000 that covers each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. The fidelity bond or insurance shall provide for indemnification oflosses occasioned by: (1) any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, and/or (2) failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his /her position or employment. Section 12.06 Liability Coverage. Contractor shall also maintain liability insurance coverage, referred to in TEX. GOV'T. CODE 9 2261.102, as "director and officer liability coverage," where Contractor is a legal entity that is required to have directors and/or officers. This provisi'on applies to entities that are organized as non-profit corporations under the Texas Non-Profit Corporation Act; for-profit corporations organized under the Texas Business Corporations Act; and any other legal entity that is required under Texas law to have directors and/or officers. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a director or officer of Contractor damages Dep'artment's interests. Section 12.07 Overtime Compensation. Except as provided in this section, Contractor shall not use any of the funds provided by this Contract to pay the premium portion of overtime. Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to' an individual in addition to the employee's normal rate of pay for hciursworked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions: 1) with the prior approval of DSHS; 2) temporarily, in the case of an emergency or an occasional operational bottleneck; 3) when employees are performing indirect functions, such as administration, maintenance, or accounting; 4) in performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or 5) when lower overall cost to DSHS will result. Section 12.08 Program Site. All Contractors shall ensure that the location where services are provided is in compliance with all applicable local, state and federal zoning, building, health, fire; and safety standards. Section 12.09 Cost Allocation Plan. Contractor shall submit a cost allocation plan to the EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 18 Department's Contract Oversight and Support Section at Mail Code 1910, 1100 W. 49th. St. Austin, Texas 78756, except under the following circumstances: (1) Contractor has previously submitted to DSHS a current indirect cost rate that has been approved by a federal cognizant agency or a state single audit coordinating agency; or (2) Contractor has a current Cost Allocation Plan on file with the Department. Contractor shall implement and follow the applicable cost allocation plan. If Contractor's plan is the same as in the previous year, by signing this Contract, Contractor certifies that its current cost allocation plan for the current year is ,the .sameasthat .submitted to ,DSHS ,for ,the prev,ious year. In the event that the cost allocation plan has changed, Contractor must submit a new cost allocation plan to the Contract Oversight and Support Section no later than the 60th calendar day after the effective date of the Contract, in the form required by the Department. Contractor shall notify the Contract Oversight and Support Section in writing if its cost allocation plan changes during the course of the Contract term. Cost allocation plans must comply with the guidelines provided in the Department's Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts. Section 12.10 Reporting for Unit Rate and Fee For Service Contracts. Contractor shall submit reports concerning unit rate and fee-for-service contracts to the Department in accordance with the requirements stated in the Department's Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts. Section 12.11 Historically Underutilized Businesses (HUBs). If Contractor was not required to submit a HUB subcontracting plan, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBs as set forth in TEX. GOy'T CODE ch. 2161 and 1 TEX ADM. CODE S 111.12. Contractors may obtain a list of HUBs at http://www.tbpc.state.tx.us. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval from the Department's HUB Coordinator of the revised plan before proposed changes will be effective under the Contract. Contractor agrees to make a good faith effort to subcontract with HUBs during the performance of its contract with Department and will repo~ HUB subcontract activity to the Department's HUB Coordinator in accordance with 1 TEX. ADM CODE SII1.16(c). Section 12.12 Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by TEX. GOy'T CODE S 2155.4441. Section 12.13 Contracts with Subrecipient Subcontractors. Contractor may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in a specific Program Attachment(s). Prior to entering into an agreement equaling $25,000 or twenty-five percent (25%) of a Program Attachment amount, whichever is greater, Contractor shall obtain written approval from DSHS. Contracts with subcontractors shall be in writing and include the following: a) Name and address of all parties; b) A detailed description of the services to be provided; EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 19 c) Measurable method and rate of payment and total amount of contract; d) Clearly defined and executable termination clause; e) Beginning and ending dates that coincide with the dates of the applicable Program Attachment(s) or cover a term within the beginning and ending dates of the applicable Program Attachment(s); f) Access to inspect the work and the premises on which any work is performed, III accordance with the Access and Inspection Article in this Contract; and g) A copy of these General Provisions and a copy of the Statement of Work and any Special Provisions in the Program Attachment(s) applicable to the subcontract. Contractor is responsible to DSHS for the performance of any subcontractor. Contractor shall monitor both financial and programmatic performance arid maintain pertinent records that shall be available for inspection by DSHS. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by state/federal statutes and regulations and under this Contract. Contractor shall not contract with a subcontractor, at any tier, that is debarred or suspended or excluded from or ineligible for participation in federal assistance programs. Section 12.14 Status of Subcontractors. Contractor shall require that all subcontractors certify that they are in good standing with all state and federal funding and regulatory agencies; are not currently debarred, suspended, revoked, or otherwise excluded from participation in federal grant programs; are not delinquent on any repayment agreements; and have not had a contract terminated by the Department. Contractors shall further require that . subcontractors certify that they have not voluntarily surrendered within the past three (3) years any license issued by the Department. Section 12.15 Incorporation of Terms. Contractor shall ensure that all written agreements with the subrecipient subcontractor incorporate the terms of this Contract, and provide that the subcontractor is subject to audit by DSHS, HHSC and the SAO. Section 12.16 Independent Contractor. Contractor is an independent Contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors, joint venture participants or agents. Contractor is not an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees, subcontractors, joint venture participants or agents will not be eligible for unemployment compensation from the Department or the State of Texas. Section 12.17 Authority to Bind. The person or persons signing and executing this Contract on behalf of Contractor, or representing themselves as signing and executing this Contract on behalf of Contractor, warrant and guarantee that they have been duly authorized by Contractor to execute this Contract for Contractor and to validly and legally bind Contractor to all of its terms. Section 12.18 Tax Liability. Contractor shall comply with all state and federal tax laws and EF29-12425 General.Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 20 is solely responsible for filing all required state and federal tax forms and making all tax paYments. In the event that the Department discovers that Contractor has failed to remain current on a delinquent liability to the IRS, the Contract will be subject to immediate termination at the Department's discretion. In the event of Contract termination under this section, the Department will not enter into a Contract with Contractor for three (3) years from the date of termination. In addition to other remedies, the Department has the right to place the Contract on high risk status in response to Contractor's liability to the IRS for any amount. Section 12.19 Notice of Organizational Change. Contractor shall submit written notice to the Division Contract Management Unit assigned to the Contract within ten business days of any change to the following: Contractor's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. A change in Contractor's name requires an amendment to the Contract in accordance with the Amendments section of these General Provisions. Section 12.20 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 12.21 Equipment Purchases. Equipment means an article of nonexpendable, tangible personal property having a useful lifetime of more than one year and an acquisition cost of $5,000 or more. Contra~tor must inventory controlled assets, which include, hand guns and rifles, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more: fax machines, telecopiers,stereo systems, cameras, video recorder/laserdisc players, televisions, video cassette recorders, camcorders, desktop and laptop computers, non-portable printers, and cellular and portable phones. Contractors on a cost reimbursement payment method shall comply with the requirements of the provisions in this Article concerning equipment. If purchase of equipment is approved in writing by the Department, Contractor is required to initiate the purchase of that equipment in the first quarter of the Contract term. Failure to initiate the purchase of equipment may result in loss of availability of funds for the purchase of equipment. Section 12.22 Supplies. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. Section 12.23 Changes to Equipment List. All items of equipment purchased with funds under this Contract shall be itemized in Contractor's application as finally negotiated with the Department. Any changes to the equipment list contained in the negotiated application or executed contract shall be approved in writing by Department prior to purchase of equipment. Contractor shall submit to the Division Contract Management Unit assigned to the Contract a written description including complete product specifications and need justification prior to purchasing any item of unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment or by written acceptance of Contractor's Contract Revision Request, as. appropriate. Section 12.24 Property Inventory and Protection of Assets. Contractor shall maintain a EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 21 nonexpendable personal property (equipment) inventory and submit an annual cumulative report to the Contract Oversight and Support Section, Mail Code 1910, 1100 W. 49th St., Austin, Texas 78756, no later than October 15th of each year. Contractor shall administer a program of maintenance, repair, and protection of assets under this Contract so as to assure their full availability and usefulness. In the event Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this Contract, it shall use the proceeds to repair or replace said assets. Section 12.25 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title shall revert to Department. Section 12.26 Title to Property. At the conclusion of the contractual relationship between the Department and the Contractor, for any reason, title to any remaining equipment and supplies purchased from funds under this Contract reverts to Department. Title may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. Section 12.27 Property Acquisitions. Department funds may not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property is not allowable. Section 12.28 Disposition of Property. Except when federal statutory requirements supersede, Contractor shall follow the procedures in the American Hospital Association's "Estimated Useful Lives of Depreciable Assets" in disposing, at any time during or after the Contract term, of equipment or controlled assets purchased with the Department funds. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, Contractor shall request disposition approval and instructions in writing from the Contract Oversight and Support Section, Mail Code 1910, 1100 W. 49th St., Austin, Texas 78756. After an item reaches the end of its useful life, Contractor must ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 12.29 Closeout of Equipment. Contractor shall submit to the Division Contract Management Unit assigned to the Contract, an inventory of property purchased with Department funds at closeout and request disposition instructions for such property. All property purchased with Department funds shall be secured by the Contractor at the time of closeout and shall be returned to the Department as required by the Department's disposition instructions or at the request of the Department at the Contractor's expense. Section 12.30 ASsets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber property purchased with Department funds without prior written approval from the Department. ARTICLE XIII GENERAL TERMS. Section 13.01 Assignment. Contractor will not transfer, assign, or sell its interest, in whole EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 22 or in part, in this Contract, or in any equipment purchased with funds from this Contract, without the prior written consent of the Department. Section 13.02 Lobbying. Contractor shall not use funds granted under this Contract to pay any person for influencing or attempting to influence an officer or employee of any agency, federal or state, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any contract or the extension, continuation, renewal, amendment, or modification . of any contract (31.. U.S. C.A. ...~ 1352, as amended, and UGMS). If at any time this Contract exceeds $100,000 of federal funds, Contractor shall file with the Division Contract Management Unit assigned to the Contract a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with the Contract, a certification that none of the funds provided by Department have been or will be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the Division Contract Management Unit assigned to the Contract. Contractor shall file the declaration, certification, and disclosure at the time of application for the contract; upon execution of a contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Section 13.03 Conflict of Interest. Contractor represents to the Department that it does not . have nor shall it knowingly acquire any interest that would conflict in any manner with the performance of its obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor, its principal, or any affiliate or subcontractor with Department or HHSC, their commissioners, officers or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. Section 13.04 Transactions Between Related Parties. Contractor shall identify and report to DSHS any transactions between Contractor and a related party that is part of the work that the Department is . purchasing under this Contract before entering into the transaction or immediately upon discovery. Contractor shall submit to the Division Contract Management Unit assigned to the Contract the name, address and telephone number of the related party, how the party is related to the Contractor and the work the related party will perform under the Contract. A related party is a person or entity related to the Contractor by blood or marriage, common ownership or any association that permits either to significantly influence or direct the actions or policies of the other. The Contractor, for purposes of reporting transactions between related parties, includes the entity contracting with the Department under this Contract as well as the chief executive officer, chief financial officer and program director of the Contractor. Contractor shall comply with TEX. GOV'T CODE ch. 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 23 regulations or circulars, which may include 45 C.F.R. part 74, OMB Circ. No. A-11O (Rev. 11/19/93, as further amended 09/30/99),2 CFR ~215.42, and UGMS. Section 13.05 Intellectual Property. Texas Health and Safety Code ~12.020 authorizes DSHS to protect intellectual property developed.as a result of this Contract. (a) "Intellectual property" means created property that may be protected under copyright, patent,or.trademark/senrice mark law. (b) For purposes of this Contract "work made for hire" is intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use. DSHS owns works made for hire unless it agrees otherwise by contract. (c) If federal funds are used to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes (1) the copyrightin any intellectual property developed under this Contract, including any subcontract and (2) any rights of copyright to which a Contractor purchases ownership with contract funds. Contractor shall place an acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such support and, if feasible, on any publication reporting the results of or describing a grant-supported activity. An acknowledgment shall be to the effect that "This publication was made possible by grant number _ from (federal awarding agency)" or "The project described was supported by grant number from (federal awarding agency)" and "Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the (federal awarding agency)." (d) In the event the terms of a federal grant award the copyright to Contractor, DSHS reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for DSHS, public health, and state governmental noncommercial purposes (1) the . copyright, trademark, service mark, and/or patent on an invention, discovery, or improvement to any process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets; and computer software, in any work developed under a grant, sub grant, or contract under a grant or sub grant; and (2) any rights of copyright, service or trade marks or patents to which a grantee, sub grantee or a Contractor purchases ownership with contract funds. (e) If the results of the contract performance are subject to copyright law, the Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the Division Contract Management Unit assigned to the Contract. Section 13.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and the Contractor, for any reason, Department shall have the sole ownership rights and interest in all non-copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under the Contract or under any grant that funds this Contract, such as domain names,. URLs, etc. Contractor shall cooperate EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 24 with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such propeny. This provision shall survive the termination or expiration of the Contract. Section 13.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effectas.if never incorporated, but all other provisions will continue. Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 13.08 Legal Notice. Any notice required or permitted to be given by the provisions of this Contract shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address first given above (or at such other address as the Party shall specify to the other Party in writing) or, if sent by certified mail, on the date of receipt. Section 13.09 Successors. The Contract shall be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. Section 13.10 Headings. The articles and section headings used in the Contract are for convenience of reference only and shall not be construed in any way to define, limit or describe the scope or intent of any provisions. Section 13.11 Parties. The Parties represent to each other that they are entities fully familiar with transactions of the kind reflected by this document, and are capable of understanding the terminology and meaning of its terms and conditions and of obtaining independent legal advice pertaining to this Contract. Section 13.12 . Survivability of Terms. Termination or expiration of this Contract for any reason shall not release either party from any liabilities or obligations set forth in this Contract that (a) the parties have expressly agreed shall survive any such termination or expiration, or (b) remain to be performed or (c) by their nature would be intended to be applicable following any such termination or expiration. Section 13.13 DireCt Operation. The Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health and safety of clients and/or participants served by the Contractor, and there are no reasonable alternatives available. Section 13.14 Customer Service Information. If requested, Contractor shall supply such information as required by the Department to comply with the provisions of TEX. GOV'T CODE ch. 2114 regarding Customer Service surveys. Section 13.15 Amendment. Parties agree that the Department may reduce funds pursuant to the terms of this Contract. Unless otherwise specified in these General Provisions, all other amendments to this Contract must be in writing aIidagreed to by both Parties. Contractor's request for certain budget revisions or other amendments must be submitted in writing, including a justification for the request, to the Division Contract Management Unit assigned EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 25 to the Contract; and if a budget revision or amendment is requested during the last quarter of the Contract term, Contractor's written justification must include a reason for the delay in making the request. Revision or amendment requests may be granted at the discretion of DSHS. l~' " Section 13.16 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to the Contract without the Department's prior approval: I ) Contractor'..s, contact personandcontactinfonnation. 2) Contact information for key personnel, as stated in the application. 3) Cumulative budget line item transfers that exceed 10% among direct cost categories other than the equipment category, of cost reimbursement contracts of less than $100,000, provided that the total budget amount is unchanged. 4) Minor corrections or clarifications to the Contract language that in no way alter the Contract scope of work, objectives or performance measures. 5) A change in the Contractor's share of the budget via program income or match, regardless of the amount of the change. Contractor within ten days shall notify in writing the Division Contract Management Unit assigned to the Contract of any change enumerated in this section. The notification may be by letter, fax or email. Section 13.17 Contractor's Request for Revision of Certain Contract Provisions. Contractor may request a revision of the following provisions of the Contract: 1) Cumulative budget line item transfers among direct cost categories that exceed 10% of cost reimbursement contracts of $100,000 or more, provided that the total budget amount is unchanged. 2) Line item transfer of funds for direct payment of training allowances for any cost reimbursement contract. 3) Change in clinic hours or location. 4) Change in equipment list substituting an item of equipment equivalent to an item of equipment on the approved budget. 5) Changes in the equipment category of a previously approved equipment budget (other than acquisition of additional equipment, which requires an amendment to the Contract). 6) Changes specified in applicable cost principles as requiring prior approval, regardless of dollar threshold. In order to request a revision of any of the enumerated provisions, Contractor shall obtain a Contract Revision Request form from the DSHS website and complete the form as directed by the Department. Two copies of the completed form must be signed by Contractor's representative who is authorized to sign contracts on behalf of Contractor and submitted to the Division Contract Management Unit assigned to the Contract. Any approved revision will not be effective unless signed by the DSHS Director of Client Services Contracting Unit. Circumstances of a requested contract revision may indicate the need for a Contract amendment with written justification rather than a contract revision. Section 13.18 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 26 WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HA VE BY OPERATION OF LAW. Section 13.19 Hold Harmless. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and to pay all costs, fees, and damages to the extent thatsuch costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 13.20 Waiver. Acceptance by either party of partial performance or failure to complain of any action, non-action or default under this Contract shall not constitute a waiver of either party's rights under the Contract. ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE. Section 14.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a) failure to properly provide the services and/or goods purchased under this Contract; b) failure to comply with any provision ofthis Contract: c) failure to pay refunds or penalties owed to the Department; d) failure to comply with a repayment agreement with the Department or agreed order issued by the Department; e) failure by Contractor to provide a full accounting of funds expended under this Contract; 4) discovery of a material misrepresentation in any aspect of Contractor's response to the Solicitation Document; or g) any misrepresentation in the assurances and certifications in the Contractor's application or response to the Solicitation Document or in this Contract. Section 14.02 General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies set forth below are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. HHSC OIG may investigate, audit and impose or recommend imposition of sanctions to Department for any breach of this Contract and may monitor Contractor for financial compliance. The Department may impose one or more sanctions for each item of noncompliance and will determine sanctions on a case-by-case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies listed below does not relieve Contractor of any obligations under the Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both~ If the Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 27 but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the actions listed below: .~,\. a) terminate the Contract or a Program Attachment of the Contract as it relates to a specific program type. In the case of termination, the Department will inform Contractor of the termination no less than thirty-one (31) calendar days before the effective date of the termination in a notice of termination. The notice of . ,termination will state ethe,effectivedate ,of the.tennination,.the ,reasons for the termination, and, if applicable, alert the Contractor of the opportunity to request a hearing on the termination pursuant to TEX. GOy'T CODE ch. 2105 regarding administration of Block Grants. The Contractor agrees that it shall not make any claim for payment or reimbursement for services provided from the effective date of termination; b) suspend all or part of this Contract. Suspension is, depending on the context, either (1) the temporary withdrawal of Contractor's authority to obligate funds pending corrective action by Contractor or its subcontractor(s) or pending a decision to terminate or amend the Contract, or (2) an action taken by a suspending official in accordance with Department rules to immediately exclude a person from participating in contract transactions for a period of time, pending completion of an investigation and such legal or debarment proceedings as may ensue. Contractor costs resulting from obligations incurred by Contractor during a suspension are not allowable unless expressly authorized by the notice of suspenSIOn; c) deny additional or future contracts or renewals with Contractor; d) reduce funding if the Contractor fails to provide services or goods consistent with performance expectations described in the Contract; e) disallow (deny both use of funds and matching credit for) all or part of the activities or action not in compliance; f) temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of a working capital advance, if applicable, or reimbursements or payments to Contractor for proper charges or obligations incurred, pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; g) permanently withhold cash payments. Permanent withholding of cash payment means that Department retains funds billed by Contractor for (1) unallowable, undocumented, disputed, inaccurate, improper, or erroneous billings; (2) material failure to comply with Contract provisions; or (3) indebtedness to the United States or to the State of Texas; h) declare the Contract void upon the Department's determination that the Contract was obtained fraudulently or upon the Department's determination that the Contract was illegal or invalid from the Contract's inception; i) designate the Contractor as high risk; j) request that Contractor be removed from the centralized Master Bidders List (CMBL) or any other state bid list, and bar it from participating in future contracting opportunities with the State of Texas; k) delay contract execution with Contractor while other imposed or proposed EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 28 sanctions are pending resolution; I) place Contractor on probation. Probation means that Contractor will be placed on accelerated monitoring for a period not to exceed six (6) months at which time items of noncompliance must be resolved or substantial improvement shown by Contractor. Accelerated monitoring means more frequent or more extensive monitoring will be performed by Department than would routinely be accomplished; m)require"Contractortoobtain techriical ormanagenal assistance; n) establish additional prior approvals for expenditure of funds by Contractor; 0) require additional, more detailed, financial and/or programmatic reports to be submitted by Contractor; p) . demand repayment from Contractor; q) reduce the funding amount for failure to achieve or maintain the proposed level of service, to expend funds appropriately and at a rate which will make fun use of the award, or to provide services or to achieve local match, if required; r) pursue a claim for damages as a result of breach of contract; s) require removal of any officer or employee of the Contractor who has been convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as determined by DSHS; t) withhold any payments to Contractor to satisfy any recoupment or penalty imposed by DSHS, and take repayment from funds available under this Contract, active or expired, in amounts necessary to fulfill Contractor's repayment obligations; u) reduce the Contract term; v) recoup improper payments when it is verified that the Contractor has been overpaid because of improper billing or accounting practices or failure to comply with Contract terms; or w) impose other remedies provided by law. Section 14.03 Notice of Sanctions. Department will formally notify Contractor in writing when a sanction is imposed (with the exception of accelerated monitoring, which may be unannounced), stating the nature of the sanction(s), the reasons for imposing them, the corrective actions, if any, that must be taken before the actions will be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the sanctions imposed. Contractor is required to file, within fifteen (15) calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. If requested by the Department, the written response shall state how Contractor shall correct the noncompliance or demonstrate in writing that the findings on which the sanctions are based are either invalid or do not warrant the sanction(s). If Department determines that a sanction is warranted, unless the sanction is subject to review under a federal or state statute, regulation or guideline, Department's decision is final. Department shall provide written notice to Contractor of Department's decision. If required by the Department, Contractor shall take corrective action. Section 14.04 Emergency Action. In an emergency, Department may immediately EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 29 '\';' terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method,' stating the reason for the emergency action. An "emergency" is defined as the following: , a) Contractor is noncompliant and the noncompliance has a direct adverse impact on the public or client health, welfare or safety. The direct adverse impact may be programmatic or financial and may include failing to provide services, providing .inadequate services, providing unnecessary .services,.or. utilizing .resources ,so that the public or clients do not receive the benefits contemplated by the scope of work or performance measures; or b) Contractor is expending funds inappropriately. Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case-by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XV CLAIMS AGAINST THE DEPARTMENT. Section 15.01 Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Chapter 2260 of Texas Government Code and implemented in the rules at 25 TAC ~~1.431-1.447 shall be used by DSHS and Contractor to attempt to resolve any claim for breach of contract made by DSHS. Section 15.02 Notice. Contractor's claims for breach of this Contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, Texas Government Code. To initiate the process, Contractor shall submit written notice, as required by subchapter B, to DSHS's Office of General Counsel. The notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of DSHS and Contractor. Subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, Texas Government Code. Section 15.03 Sole Remedy. The contested case process provided in Chapter 2260, subchapter C, Texas Government Code, is Contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by DSHS if the parties are unable to resolve their disputes under this Article. Section 15,04 Condition Precedent to Suit. Compliance with the contested case process provided in Chapter 2260, subchapter. C, Texas Government Code, is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this Contract by DSHSnor any other conduct of any representative of DSHS relating to this Contract shall be considered a waiver of sovereign immunity to suit. Section 15.05 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by Contractor, in whole or in part. EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 30 ARTICLE XVI TERMINATION. Section 16.01 Expiration of Contract or Program Attachment(s). Contractor's service obligations set forth in each Program Attachment shall end upon the expiration date of that Program Attachment unless extended or renewed by written amendment. Prior to completion of the term of all Program Attachments, all or a part of this Contract may be terminated with or without cause as set forth below. Section 16.02 Effect of Termination. Termination is the permanent withdrawal of Contractor's authority to obligate previously awarded funds before that authority would otherwise expire or the voluntary relinquishment by Contractor of the authority to obligate previously awarded funds. Contractor costs resulting from obligations incurred by Contractor after termination of an award are not allowable unless expressly authorized by the notice of termination. Upon termination of this Contract, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under the Contract to DSHS or other entity designated by DSHS. Upon termination of all or part of this Contract, Department and Contractor will be discharged from any further obligation created under the applicable terms of this Contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS. Termination does not, however, constitute a waiver of any remedies for breach of this Contract. In addition, Contractor's obligations to retain records and maintain confidentiality of information shall survive this Contract. Section 16.03 Acts Not Constituting Termination. Termination does not include: (1) withdrawal of funds awarded on the basis of the Contractor's underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance at the expiration of the term of a Program Attachment; (3) refusal to extend a Program Attachment or award additional funds to make a competing or noncompeting continuation, renewal, extension, or supplemental award; or (4) voiding of a contract upon determination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception. Section 16.04 Termination Without Cause. a) Either Party may terminate this Contract with at least thirty (30) calendar days prior written notice to the other Party, except that if Contractor seeks to terminate a Contract that involves residential client services, Contractor must give the Department at least ninety (90) calendar days prior written notice and must submit a transition plan to ensure client services are not disrupted. b) The Parties may terminate this Contract by mutual agreement. c) Either Party may terminate this Contract with at least thirty (30) calendar days prior written notice to the other Party in the event state and/or federal funding for this Contract is terminated, limited, suspended, withdrawn, or discontinued. d) Department may terminate this Contract immediately when, in the sole determination of Department, termination is in the best interest of the State of Texas. Section 16.05 Termination For Cause. Either Party may terminate for material breach of this Contract with at least thirty (30) calendar days written notice to the other Party. EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 31 Department may terminate this Cantract, in: whale .or in part, far breach .of cantract .or for any ather canduct that jeapardizes the Cantract .objectives, by giving at least thirty (30) calendar days written natice ta Cantractar. Such canduct may include .one .or mare afthe fallawing: (a) a caurt .of campetent jurisdictian finds that Cantractar has failed ta adhere ta any laws, .ordinances, rules, regulatians .or .orders .of any public autharity having jurisdictian; ~'. ." (b) Cantractar iails to communicate with Department a!.iails ta .allaw its emplayees or thase .of its subcantractar ta cammunicate with Department as necessary ta the perfarmance .of this Cantract; (c) Cantractar breaches a standard .of canfidentiality with respect ta the servIces pravided under this Cantract; (d) Department determines that Cantractar is withaut sufficient persannelar resaurces ta perfarm under this Cantract .or that Cantractar is .otherwise unable .or unwilling ta fulfill any .of its requirements under the Cantract .or exercise adequate cantral aver expenditures or assets; (e) Department determines that Cantractar, its agent .or anather representative .offered or gave a gratuity (e.g., entertainment .or gift) ta an .official .or emplayee .of DSHS .or HHSC far the purpase .of .obtaining a cantract .or favarable treatment; (f) Department determines that the Cantract includes financial participatian by a persan who received campensatian fram DSHS ta participate in preparing the specificatians .or Salicitatian Dacument an which this Cantract is based in vialatian .of Gav. Cade 92155.004; (g) Contractar appears ta be financially unstable. Indicatars .of financial instability may include .one .or more of the fallawing: 1. Cantractar fails ta make payments; 2. Cantractar makes an assignment far the benefit .of its creditars; 3. Cantractar admits in writing its inability ta pay its debts generally as they became due; 4. if judgment far the payment .of money in excess .of $50,000 (which is nat cavered by insurance) is rendered by any caurt argavemmental bady against Cantractar, and Cantractar daes nat (a) discharge the judgment .or (b) pravide far its discharge in accardance with its terms, .or ( c) pracure a stay .of executian within thirty (30) calendar days fram the date .of entry .of the judgment, and within the thirty (30)-day periad .or a langer periad during which executian .of the judgment has been stayed, appeal fram the judgment and cause the executian ta be stayed during such appeal while providing such reserves far the judgment as may be required under generally accepted accaunting principles; EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 32 5. writ or warrant of attachment or any similar process shall be issued by any court against all or any material portion of the property of Contractor, and such writ or warrant of attachment or any similar process is not released or bonded within thirty (30) calendar days after its entry; 6. Contractor is adjudicated bankrupt or insolvent; 7. Contractor files a case under the Federal Bankruptcy Code or seeks relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any case or petition against it under any such law; 8. any property or portion of the property of Contractor is sequestered by court order and the order remains in effect for more than thirty (30) calendar days after Contractor obtains knowledge thereof; 9. a petition is filed against Contractor under any state reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction, whether now or hereafter in effect, and such petition is not dismissed within thirty (30) calendar days; 10. Contractor consents to the appointment of a receiver, trustee, or liquidator of Contractor or of all or any part of its property; or (h) Contractor's management system does not meet the UGMS management standards. Section 16.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. If either Party gives notice of its intent to terminate all or a part of this Contract, Department and Contractor will attempt to resolve any issues related to the anticipated termination in good faith during the notice period. ARTICLE XVII VOID, SUSPENDED, AND TERMINATED CONTRACTS. Section 17.01 Void Contracts. Department may hold this Contract void upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to be void, suspended, or terminated for cause is not eligible for expansion of current contracts, if any, or new contracts or renewals until the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally, if this Contract is found to be void, any amount paid is subject to refund. Section 17.03 Appeals Rights. Pursuant to Gov. Code ~21 05.302, after receiving notice from the Department of termination of a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing under Gov. Code Chapter 2001. EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 33 ARTICLE XVIII CLOSEOUT AND CONTRACT RECONCILIATION ..~.\}>. Section 18.01 Cessation of Services At Closeout. Upon expiration of the Contract (and any renewals ofthe Contract) on its own terms, Contractor shall cease services under the Contract and shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under the Contract to DSHS or other entity designated by DSHS. Upon receiving notice of Contract termination or non-renewal of the Contract, the Contractor agrees to immediatelyhegin to transition recipients of ,services toaltemative . service providers, as needed. Contractor also agrees to completely cease providing services under the Contract by the date specified in the Contract termination or non-renewal notice. Contractor shall not incur any additional expenses once the Contract is terminated or has expired. Upon termination, expiration or non-renewal of this Contract, Contractor shall immediately initiate closeout activities described in this Article. Section 18.02 Administrative Offset. The Department shall have the right to administratively offset amounts owed by Contractor against billings. Section 18.03 Deadline for Closeout. Contractor shall submit all financial, performance, and other closeout reports required under the Contract within sixty (60) calendar days after the Contract end date. Unless otherwise provided under the Final Billing Submission section of the Payment Methods and Restrictions Article, the Department is not liable for any claims that are not received within sixty (60) calendar days after the Contract end date: Section 18.04 Payment of Refunds. Any funds paid to the Contractor in excess of the amount to which the Contractor is finally detennined to be entitled under the terms of the Contract constitute a debt to the Department and will result in a refund due. Contractor shall pay any refund amount due within the time period established by the Department. Section 18.05 Disallowances and Adjustments. The closeout of the Contract does not affect the Department's right to disallow costs and recover funds on the basis of a later audit or other review or the Contractor's obligation to return any funds due as a result of later refunds, corrections, or other transactions. Section 18.06 Contract Reconciliation. If Contractor is required to annually reconcile multi-year contracts, Contractor, within 60 calendar days after the end of each year of the contract, shall submit to the Division Contract Management Unit assigned to the Contract all financial and reconciliation reports required by Department in forms as determined by Department. Required reconciliation forms and reports may include the following: Cash Match Participation Form, In-kind Match Participation Form, Program Income Report, Equipment Inventory, Controlled Items Inventory, Contractor's Release Agreement, and Reconciliation Refund Remittance Form. Any additional forms or reports required by Department shall be posted on the DSHS website prior to the reconciliation period. Unless otherwise directed by Department, all forms and reports must be submitted in hard copies, with original signatures if required, to DSHS by the due date. EF29-12425 General Provisions (Core Subrecipient 2007) Rev. 07/20/2006 Page 34 r CONTRACT NO. 2007-020590- PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO. 0000320083 CONTRACTOR: CALHOUN COUNTY HEALTH DEPARTMENT DSHS PROGRAM: SDI - FEE FOR SERVICE TERM: 09/01/2006 THRU: 08/31/2007 SECTION I. STATEMENT OF WORK: Contractor shall work collaborative1y with DSHS to pilot tools, processes and activities which are designed to integrate delivery of identified services and to streamline and simplify contract administration. Contractor shall use funds provided by this Attachment to provide and assure integration of one or more of the following services: · Primary Health Care; · Title V Maternal and Child Health Services (Fee-for-Service); · Title V Family Planning (Fee-for-Services); · Title XX Family Planning; and · Tuberculosis Elimination. These services and standards are further described in the "Service Delivery Integration (SDI) Policies and User Manual" Fiscal Year 06-2, or latest revision. Where applicable, Contractor shall provide integration with the following services: · Title V Maternal and Child Health Services (Part B/Population-Based, and Children with Special Health Care Needs); · Title X Family Planning; · Special Supplemental Nutrition Program for Women, Infants and Children (WIC); · Title XIX Family Planning; · Title XIX Texas Health Steps; · Medical Transportation; · Medically Dependent Children's Program; and · Children's Health Insurance Program (CHIP). In-scope programs include: · Title V Maternal and Child Health, Prenatal, Dental, Dysplasia, and Family Planning; · Title X Family Planning; ATTACHMENT-Page 1 . Title XX Family Planning; . Primary Health Care; and . Tuberculosis Elimination. Contractor shall utilize fee-for-service rates for all contractor payments except Title X. Contractor shall participate collaboratively with DSHS in the development, modification and evaluation of activities, tools, and processes, which facilitate integration of: . Intake and eligibility determination; . Billing and client fees; . Uniform contract requirements; . Reporting; . Clinical standards; . Contract. monitoring; · Policy development; and . Automated information systems. Contractor shall enter client data and billing information into DSHS SDr Integrated Eligibility, Billing and Reporting System (SIEBRS) as described in the "SDI Policies and Users Manual" Fiscal Year 06-2, or latest revision, for the activities funded by this Attachment. Contractor shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date ofthis contract Attachment unless amended, including, but not limited to: · Sterilizations, 42 CFR Part 50, Subpart B; and · Texas Tuberculosis Code, Health and Safety Code, Chapter 13, subchapter B. The following documents are incorporated by reference and made a partofthis contract Attachment: · DSHS FY07 SDI Renewal Application; · Contractor's FY07 SDI Renewal Application and any revisions; · DSHS Community Health Services Title V, Title XX, and/or Title X Family Planning Services FY 06 Competitive Request For Proposal (RFP); · Contractor's FY2006 Competitive Application and any revisions; · DSHS Division for Family and Community Health Services Renewal Application for Service Delivery Integration and any revisions; · Contractor's FY06 Renewal Application and any revisions; · DSHS Associateship for Family Health (AFH) FY 05 Competitive Request for Proposal (RFP) for the In-Scope Programs; · Contractor's AFH FY 05 Competitive RFP, Component II, Attachment H; · DSHS "SDI Policies and Users Manual" Fiscal Year 06-2, or latest revision, including "SDI: Clinic Operations and Medical Standards"; A TT ACHMENT - Page 2 ,"- · Department of State Health Services Standards for Public Health Clinic Services, revised 8/31/04; · DSHS Core Tool On-Site Evaluation Report, revised for 2006, and Core Tool Monitoring Instructions, FY2006, revised for 2006, or latest revision; and · DSHS Service Delivery Integration (SDI) On-site Evaluation Report, revised for 2006, and Service Delivery Integration Tool Instructions, revised for 2006, or latest revision. Within thirty (30) days of receipt of an amended standard(s) or guideline(s), Contractor shall inform DSHS Program, in writing, ifit will not continue performance under this Attachment in compliance with the amended standard(s) or guideline(s). Contractor may terminate the Attachment immediately or within a reasonable period oftime as determined by DSHS. Contractor shall coordinate its services with existing Federally Qualified Health Centers (FQHCs) located in its county(ies) or examine seeking designation as an FQHC if no FQHC is currently available within its county(ies). . Contractor shall perform no elective abortion procedures, shall neither contract with nor provide funds to any individual or entity for the performance of elective abortions, and shall submit no claims to DSHS for reimbursement of direct or indirect costs (including overhead, rent, phones, and utilities) of abortion procedures. If Contractor is affiliated with an entity that performs elective abortion procedures or becomes affiliated with an entity that performs elective abortions at any time during the term of this contract, 1. Contractor and its abortion-services affiliate must be legally separate corporations, with separate articles of incorporation and separate bylaws. If Contractor is a State or local governmental entity, the abortion-services affiliate must be a legally separate organization with a separate governing structure. 2. Contractor and its abortion-services affiliate must have easily distinguishable names. 3. Contractor and its abortion-services affiliate must have separate boards of directors or governing bodies which meet separately and maintain separate records. 4. Contractor may not transfer any funds distributed under DSHS Strategy B.l.3 to its abortion- services affiliate. Contractor must assure that its affiliated entity apportions fair value for any shared expenses or costs (including overhead, rent, phones, equipment, and utilities) in accordance with generally accepted accounting principles. 5. Contractor shall assure that any person employed part-time by Contractor and by its abortion- services affiliate shall contemporaneously maintain accurate time records, similar to time records maintained by attorneys, though not necessarily by means of an automatic recording device such as a "time clock", that clearly reflect the work performed for each employer. 6. If Contractor and its abortion-services affiliate are located at the same physical location, Contractor shall assure that the existence and separate nature ofthe affiliate relationship is clearly reflected by appropriate signage in areas accessible to the public. 7. Contractor and its abortion-services affiliate must each maintain records adequate to show ATTACHMENT-Page 3 compliance with the foregoing requirements. SECTION II. PERFORMANCE MEASURES Performance measures set out in the "SDI Policies and Users Manual" and Contractor's response to the Renewal Application for Service Delivery Integration as approved by DSHS, will be utilized to assess, in part, the Contractor's effectiveness in providing services described in this contract Attachment, without waiving the enforceability of any ofthe other terms of this contract. Contractor shall provide services to unduplicated clients who live or receive serVices in the following county(ies)/area: Calhoun. SECTION m. SPECIAL PROVISIONS: General Provisions, Compliance and Reporting Article, section 1.03 is revised to include: Contractor shall submit reports in the standard format provided by the DSHS Program only for any performance goals or activities not captured or reported in SIEBRS. General Provisions, Services Article, Section 2.05 is revised to include: Contractor shall implement a sliding fee scale that includes adjustments for family size and income for the provision of public health services. The sliding fee scale shall be based on the cost of the services provided and the Federal Poverty Guidelines, which are published annually by the U.S. Department of Health and Human Services. DSHS will provide the revised Federal Poverty Guidelines to Contractor along with guidance on adjusting the sliding fee scale. Contractor shall be responsible for the development and implementation of policies and procedures for charging, billing and collecting fees. These policies and procedures shall be reviewed by Contractor's policy board or advisory committee. Contractor shall assess and document each prospective client's eligibility or potential eligibility for third party reimbursement. In accordance with the SDI Policies and Users Manual, Contractor may assess a co-pay from clients provided services under this Attachment. A co-pay shall not be assessed from a client whose family income is at or below 100% of the most recently defined federal poverty level. A co-pay assessment may not exceed 25% ofthe amount DSHS pays for the provision of a given service. A client shall not be denied services due to inability to pay. General Provisions, Services Article is revised to include: Pharmacy. If Contractor is dispensing and/or providing prescribed medications, e.g. birth control pills, antibiotics, etc. on site, it shall have, at a minimum, a Class D pharmacy license as provided by the Texas Pharmacy Act, Occupations Code, Chapter 560, or shall dispense and/or provide such medications in compliance with other pharmacy statutes with prior approval from DSHS. A TT ACHMENT - Page 4 .c General Provisions, Funding Article, section 3.05 is replaced with the following: Gross income directly generated from Department funds through a project or activity performed under a Program Attachment and/or earned only as a result of a Program Attachment during the term of the Program Attachment are considered program income. Program income shall be used by Contractor to further the program objectives ofthe state or federal statute under which the Program Attachment was made, and it shall be spent on the same Program Attachment project in which it was generated. Contractor shall identify and report all program income utilizing SIEBRS, which is the DSHS Program's automation system, as described in the "SDI Policies and Users ManuaL" These program income provisions shall not be construed to apply to funds raised by Contractor from fund-raising activities or donations. Fund raising includes membership drives or special events used to raise program funds. Donations include monies donated to the program by individuals and private groups, such as churches or other organizations. General Provisions, Payment Methods and Restrictions Article, Section 4.02 is replaced with the following: Contractor's contract amount under this Attachment is a ceiling against which it may bill, on a fee-for-service basis, according to the Medicaid rates incorporated into SIEBRS for the provision of allowable services to eligible clients. Only allowable services provided to eligible clients may be billed against this ceiling. The current schedule of Medicaid rates may be modified at the sole discretion ofthe State Medicaid Agency. DSHS must provide thirty (30) days written notice to Contractor should the modification include a reduction in rates. Notification of an increase in rates does not require written notification. The notice will provide Contractor with an opportunity to terminate this Attachment should the modification include a reduction in rates. Contractor shall have thirty (30) days from receipt of this notice to exercise the option for termination. If Contractor does not exercise the option during the thirty (30) day time period, Contractor shall be deemed to have waived the option. Contractor shall bill DSHS in accordance with the SDI Policies and User Manual. Contractor shall submit billing information, utilizing DSHS SIEBRS, within sixty (60) calendar days following the delivery date of service. General Provisions, Terms and Conditions of Payment Article, Section 5.01 is replaced with the following: Contractor shall enter and transmit client data and billing information into DSHS SIEBRS as described in the "SDI Policies and Users Manual" for the activities funded by this Attachment. DSHS will batch the electronic transmissions and generate and process a weekly payment voucher for Contractor. Payments are contingent upon a signed Contract and will not exceed the total of authorized funds under this Contract. Contractor is entitled ATTACHMENT-Page 5 r . . to payment only ifthe service, work, and/or product has been authorized by the Department and performed or provided pursuant to the Contract. Ifthose conditions are met, DSHS will make payment in accordance with the Texas prompt payment law (TEX. GOy'T. CODE, Chapter 2251). Contractors must comply with TEX. GOy'T. CODE, Chapter 2251 regarding its prompt payment obligations to subcontractors. Payment by DSHS shall not constitute acceptance or approval of Contractor's performance and Contractor's performance shall be subject to audit or review by DSHS. General Provi~ions, Terms and Conditions of Payment Article, Section 5.04 is replaced with the following: Contractor shall accept reimbursement or payment from DSHS and any applicable fees from clients for clinical health services as payment in full for services or goods provided to clients. Contractor agrees to not seek additional reimbursement or payment for services or goods from clients other than applicable fees for clinical health services. General Provisions, Access and Inspection Article, Section 9.01 is revised to include: Contractor shall allow DSHS to conduct on-site quality assurance reviews as deemed necessary by DSHS. Vnsatisfactoryreview findings may result in implementation of General Provisions, Breach of Contract and Remedies for Non-Compliance Article. General Provisions, Assurances and Certifications Article, Section 11.01, is revised to include: If appropriate, Contractor certifies that neither the Contractor, nor any individual who has a direct or indirect ownership or controlling interest of 5% or more ofthe Contracting Agency, nor any officer, director, agent or managing employee (e.g. general manager, business manager, administrator, director, or like individual who exercises operational or managerial control over the Contractor or who directly or indirectly conducts the day-to-day business of the Contractor is an entity or individual who: · Has been convicted of any offense under 42 U.S.C. ~ 1320a-7(b)(1)-(3); · Has had a civil monetary penalty assessed under 42 V.S.C. ~ 1320a and/or 42 V.S.C. ~ 1320a-8; or, · Has been excluded from participation in a program under 42 D.S.C. ~ 1395 et seq.; or under a State health care program. If the foregoing statement is not true, Contractor shall submit a disclosure/ownership form to DSHS. Contractor shall immediately notify DSHS in writing, in the event thatthe foregoing statement changes during the term of this Attachment. A false statement regarding Contractor's status will be treated as a material misrepresentation. General Provisions, General Business Operations of Contractor Article, Section 12.19 is revised to include: A TT ACHMENT - Page 6 I.....,~ I l Contractor shall notify the Performance Management Unit, Contract Management Branch, of any clinic site information changes, e.g., changes in contact person, hours of operation, address, Texas Provider Identification (TPI) number, and the closure, relocation, and/or opening of new clinic sites. SECTION IV. BUDGET: Contractor shall adhere to the current schedule of allowable services and rates as referenced in this contract Attachment. Contractor may bill up the maximum amount specified below for each ofthe services funded by this contract Attachment. TITLE V MCH FEE-FOR-SERVICE Payments for Title V Maternal and Child Health Fee-Far-Service will not exceed: $5098.00. TITLE V FAMILY PLANNING FEE-FOR-SERVICES Payments for Title V Family Planning Fee-For-Services will not exceed: $18029.00. . TITLE XX Payments for Title XX Family Planning services will not exceed: $0.00. PRIMARY HEALTH CARE Payments for Primary Health Care services will not exceed: $0.00. TUBERCULOSIS ELIMINATION Payments for Tuberculosis Elimination Fee-For-Service will not exceed $0.00. Total payments will not exceed $23.127.00. ATTACHMENT-Page 7 I I I I ~ i i J / Vi Ij I.. ; ! ;' . j TEXAS DEPARTMENT OF STATE HEALTH SERVICES DOCUMENT NO. 7460019239-2007 ATT. NO 01 IN THE AMOUNT OF $37,088 FOR THE FUNDING OF ONE LVN IN THE CALHOUN COUNTY HEALTH DEPARTMENT AND AUTHORIZE JUDGE TO SIGN:' A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to accept the Texas Department of State Health Services document no. 7460019239-2007 Att. No 01 in the amount of $37,088 for the funding of one LVN in the Calhoun County Health Department and authorize Judge pfeifer to sign contact. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. ~- " . l' -t. . CONTRACT FOR PUBLIC HEALTH SERVICES Contract Issued by: (DSHS) DEPARTMENT OF STATE HEALTH SERVICES 1100 WEST 49 TIl STREET AUSTIN, TEXAS 78756-3199 DSHS CONTRACT NO 74600192392007 IC Legal Authority to Contract: Chapters 12 and 121, Health and Safety Code. Venue: The provisions of this Contract shall be interpreted in accordance with Texas law. Venue for any court disputes shall be in Travis County, Texas. CONTRACTOR NAME: CALHOUN COUNTY HEALTH DEPARTMENT MAILING ADDRESS: 117 WASH ST PORT LA V ACA TX 77979-2912 STREET ADDRESS: 117 WASH ST PORT LA V ACA TX 77979-2912 NAME OF AUTHORIZED CONTRACTING ENTITY: CALHOUN COUNTY (If different from Contractor) PA YEE DATA (If not the same as CONTRACTOR or AUTHORIZED CONTRACTING ENTITY; must be on file with the Texas State Comptroller's Office.): NAME: CALHOUN COUNTY TREASURER ADDRESS: COURTHOUSE ANNEX PORT LA V ACA TX 77979-4210 (City, State, Zip) State of Texas Vendor Identification No. (14 digits) 17460019239004 PAYEE AGENCY Fiscal Year Ending Month: December PA YEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business. Small Business - A corporation, sole proprietorship, or other legal entity formed for the purpose of making a profit which is independently owned and operated and has fewer than 100 employees or has less than $1,000,000 in annual gross receipts. Historically Underutilized Business (HUB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a profit in which at least 51 % of all classes of the shares of stock or other equitable securities are owned by one or more persons who have been historically underutilized (socially disadvantaged) because of their identification as members of certain groups: Black American, Hispanic American, Asian Pacific American, Native American, and Women. The HUB must be certified by Texas Building and Procurement Commission or another entity. For Profit Organization SUMMARY OF CONTRACT DOCUMENTATION: COVER PAGE I - DSHS and Contractor Data COVER PAGE 2 - Details of Program Attachment(s) COVER PAGE 3 - Authorized Signatures GENERAL PROVISIONS - 2007 PROGRAM A IT ACHMENT(S) EXHIBITS, IF APPLICABLE Cover Page 1 ..& , DETAILS OF ATTACHMENTS Att! DSHS Program ID/ Term Financial Assistance Direct Total Amount Amd DSHS Purchase Assistance (DSHS Share) No. Order Number Begin End Source of Amount Funds*" 01 RLSS/LPHS 09/01/06 08/31/07 State 93.991 37,088.00 0.00 37,088.00 0000320590 DSHS Contract No.7460019239 2007 Totals $ 37,088.00 $ 0.00 $ 37,088.00 , I I I *Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS. Cover Page 2 , , EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. CALHOUN COUNTY Authorized Contracting Entity (type above if different from Contractor) for and in behalf of: CONTRACTOR NAME: DSHS NAME: CALHOUN COUNTY HEALTH DEPARTMENT DEPARTMENT OF STATE HEALTH SERVICES By: c~~ 9uJ'lf (Name and Title) Date: J .~)-L{ -() y RECOMMENDED: By: (~U~~ (Contractor Director, if different from person authorized to sign contract) Date: By: (Signature of person authorized to sign contracts) Bob Burnette, Director Client Services Contracting Unit (Name and Title) q;1~()\p DSHS Contract No: 74600192392007 Cover Page 3 l_ .~ Department of State Health Services FINANCIAL STATUS REPORT FSR269 A Fiscal Division/Accounts Payable Phone (512) 458.7435 .....' 1100 West 49th Street Austin, Texas 78756-3199 Contractor Name: CALHOUN COUNTY HEALTH DEPARTMENT DSHS Program: RLSS/LPHS DSHS Document # Year Attachment # Payee Acct. No.: 7460019239 2007 01 Payee Vendor ID No.: 17460019239004 Payee Name: CALHOUN COUNTY TREASURER Basis: [ ] Cash ] Accrual Contract Term: (MonthlDaylYear) From: 09101/2006 To: 08/31/2007 Address: COURTHOUSE ANNEX City, ST, Zip: PORT LA V ACA, TX 77979-4210 PO Number: 0000320590 Period Covered by this Report: From: 09101/2006 To: 11/30/2006 Final Report? [] Yes [ AI No (iii) This Period (iv) Cumulative (v) Remaining Budget Balance (ii minus iv) (i) Budget Categories (ii) Approved Budget [ ] 37,088.00 [ ] 0.00 [ ] 0.00 [ ] 0.00 [ ] 0.00 [ ] 0.00 [ ] 0.00 37,088.00 [ ] 0.00 37,088.00 Project Cost per General Ledger a. Personnel b. Frin e Benefits c. Travel f. Contractual g. Other h. Total Direct Char es i. Indirect Char es '. Total Char es LESS:k. Pro ram Iricome Collected ( 1. Non-DSHS Fundin m. ADV ANCE:Received (Cot. iii)1 Repaid (Cot. ivY Balance Owed Cot. v ) ( ( ( ) ) ) n. Total Reimbursement Re uested o. Total Reimbursement Received Prepared by: Title: Phone #: CERTIFICA TION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award documents. Signature of Authorized Certifying Official Date Submitted: / 1 Typed or Printed Name and Title of Certifying Official Telephone: DSHS Form GC-4a (269a) Revised 6/04 . ~. { Department of State Health Services FINANCIAL STATUS REPORT FSR269 A Fiscal Division/Accounts Payable Phone (512) 458-7435 yf 1100 West 49th Street Austin, Texas 78756-3199 Contractor Name: CALHOUN COUNTY HEALTH DEPARTMENT DSHS Program: RLSS/LPHS DSHS Document # Year Attachment # Payee Accl. No.: 7460019239 2007 01 Payee Vendor ID No.: 17460019239004 Payee Name: CALHOUN COUNTY TREASURER Basis: [ ] Cash ] Accrual Contract Term: (Month/DayfYear) From: 09101/2006 To: 08/31/2007 Address: COURTHOUSE ANNEX City, ST, Zip: PORT LA V ACA, TX 77979-4210 PO Number: 0000320590 Period Covered by this Report: From: 12/0112006 To: 02/2812007 Final Report? [ ] Yes [ ~ No (iii) This Period (iv) Cumulative (v) Remaining Budget Balance (ii minus i v) (ii) Approved (i) Budget Categories Budget a. Personnel [ ] 37,088.00 b. Frin e Benefits [ ] 0.00 c. Travel [ ] 0.00 d. E ui ment [ ] 0.00 e. Su lies [ ] 0.00 f. Contractual [ ] 0.00 g. Other [ ] 0.00 h. Total Direct Char es 37,088.00 i. Indirect Char es [ ] 0.00 Project Cost per General Ledger 37,088.00 LESS:k. Pro ram Income Collected ( 1. Non-DSHS Fundin m. ADV ANCE:Received (Co!. Hi)1 Repaid (Co!. ivY Balance Owed Cot. v ) ( ( ( ) ) ) n. Total Reimbursement Re uested o. Total Reimbursement Received Prepared by: Title: Phone #: CERTIFICA TION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award documents. Signature of Authorized Certifying Official Date Submitted: 1 1 Typed or Printed Name and Title of Certifying Official Telephone: DSHS Form GC-4a (269a) Revised 6/04 1100 West 49th Street Austin, Texas 78756-3199 Contractor Name: CALHOUN COUNTY HEALTH DEPARTMENT Department of State Health Services FINANCIAL STATUS REPORT FSR269 A Fiscal Division/Accounts Payable Phone (512) 458-7435 .,.,~ DSHS Program: RLSS/LPHS DSHS Document # Year Attachment # Payee Acct. No.: 7460019239 2007 01 Payee Vendor ID No.: 17460019239004 Payee Name: CALHOUN COUNTY TREASURER Basis: [ ] Cash ] Accrual Contract Term: (Month/Day/Year) From: 09/01/2006 To: 08/31/2007 Address: COURTHOUSE ANNEX City, ST, Zip: PORT LA V ACA, TX 77979-4210 PO Number: 0000320590 Period Covered by this Report: From: 03/0112007 To: 05/31/2007 Final Report? [] Yes [~No (iii) This Period (iv) Cumulative (v) Remaining Budget Balance (ii minus iv) (ii) Approved (i) Budget Categories Budget a. Personnel [ ] 37,088.00 b. Frin e Benefits [ ] 0.00 c. Travel [ ] 0.00 d. E ui ment [ ] 0.00 e. Su lies [ ] 0.00 f. Contractual [ ] 0.00 g. Other [ ] 0.00 h. Total Direct CharGes 37,088.00 i. Indirect Char es [ ] 0.00 37,088.00 Project Cost per General Ledger I. Non-DSHS Fundino ) ( ( ( LESS:k. Pro ram Income Collected ( m. ADV ANCE:Received (Col. Hi)1 Repaid (Co!. ivY Balance Owed Col. v n. Total Reimbursement Re uested o. Total Reimbursement Received Prepared by: Title: Phone #: CERTIFICA TION:I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated'obligations are for the purposes set forth in the award documents. Signature of Authorized Certifying Official Date Submitted: / 1 Typed or.Printed Name and Title of Certifying Official Telephone: DSHS Form GC-4a (269a) Revised 6/04 ~- 1100 West 49th Street Austin, Texas 78756-3199 Contractor Name: CALHOUN COUNTY HEALTH DEPARTMENT Department of State Health Services FINANCIAL STATUS REPORT FSR269A Fiscal Division/Accounts Payable Phone (512) 458-7435 DSHS Program: RLSS/LPHS DSHS Document # Year Attachment # Payee Acct. No.: 7460019239 2007 01 Payee Vendor ID No.: 17460019239004 Payee Name: CALHOUN COUNTY TREASURER Basis: [ ] Cash ] Accrual Contract Term: (MonthlDay/Year) From: 09/01/2006 To: 08/3112007 Address: COURTHOUSE ANNEX City, ST, Zip: PORT LA V ACA, TX 77979-4210 PO Number: 0000320590 Period Covered by this Report: From: 06/0112007 To: 08/3112007 Final Report? [)iYes [ ] No (iii) This Period (iv) Cumulative (v) Remaining Budget Balance (ii minus iv) (ii) Approved (i) Budget Categories Budget a. Personnel [ ] 37,088.00 b. Frin e Benefits [ ] 0.00 c. Travel [ ] 0.00 d. E ui ment [ ] 0.00 e.Su lies [ ] 0.00 f. Contractual [ ] 0.00 g. Other [ ] 0.00 h. Total Direct Char es 37,088.00 i. Indirect Char es [ ] 0.00 '. Total Char es 37,088.00 LESS:k. Pro ram Income Collected ( I. Non-DSHS Fundin Project Cost per General Ledger m. ADV ANCE:Received (CoI. iii)1 Repaid (Col. ivY Balance Owed CoI. v ) ( ( ( ) ) ) n. Total Reimbursement Re uested o. Total Reimbursement Received Prepared by: Title: Phone #: CERTIFICA TION:I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award documents. Signature of Authorized Certifying Official Date Submitted: 1 1 Typed or Printed Name and Title of Certifying Official Telephone: DSHS Form GC-4a (269a) Revised 6/04 I'. "I APPROVE THE ENGAGEMENT OF RUTLEDGE CRAIN & COMPANY. PC. CERTIFIED PUBLIC ACCOUNTANTS. TO PERFORM THE AUDIT OF THE COUNTY'S FINANCIAL STATEMENTS FOR THE YEAR ENDING DECEMBER 31. 2006 AT AN ESTIMATED FEE OF $31.050 AND AUTHORIZE THE COUNTY JUDGE TO SIGN THE ENGAGEMENT LETTER: A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to approve the Engagement of Rutledge Crain & Company, PC, Certified Public Accountants, to perform the audit of the county's financial statements for the year ending December 31,2006 at an estimated fee of $31,050 and authorize Judge Pfeifer to sign the engagement letter. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. .- " "- .~ '.!. RUTLEDGE CRAIN & COMPANY, PC CERTIFIED PUBLIC ACCOUNTANTS 2401 Garden Park Court, Suite B Arlington. Texas 76013 August 2, 2006 Calhoun County, Texas c/o Ms. Cindy Mueller, County Auditor County Courthouse Annex 201 W. Austin Port Lavaca, TX 77979 We are pleased to confirm our understanding of the services we are to provide Calhoun County, Texas (the County) for the year ended December 31, 2006. We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the entity's basic financial statements, of Calhoun County, Texas as of and for the year ended December 31, 2006. The document we submit to you will include the following supplementary information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: 1. Introductory letter to financial statements. 2. Management's discussion and analysis, Also, the following additional information accompanying the basic financial statements will be subjected to the auditing procedures applied in our audit of the financial statements upon which we will provide an opinion in relation to the basic financial statements: 3. Budgetary comparison schedules presented as required supplementary information, 4. Nonmajor fund combining and individual fund statements and schedules presented as other supplementary information. Audit Objective The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in . the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. The objective also includes reporting on - . Internal control related to the financial statements and compliance with laws, regulations, and the provisions of applicable laws, regulations, contracts, agreements, or grants, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. i i I I I I I t . Metro (817) 265-9989 Members: American Institute of Certified Public Accountants Texas Society of Certified Public Accountants Fax (817) 861-9623 ->. Calhoun County, Texas August 2, 2006 . Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America, the standards for financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the Single Audit Act Amendments of 1996, and the provisions of OMB Circular A-133, and will include tests of the accounting records, a determination of major program(s) in accordance with Circular A-133, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinions on the financial statements or the Single Audit compliance opinions are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining effective internal control and for compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us, including any significant vendor relationships in which the vendor has the responsibility for program compliance. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. Management's responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business-type 2 ,. Calhoun County, Texas August 2, 2006 activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of Calhoun County, Texas and the respective changes in financial position in conformity with accounting principles generally accepted in the United States of America. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud, or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Additionally, as required by OMB Circular A-133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. As part of the audit, we will prepare a draft of your financial statements, schedule of expenditures of federal awards, and related notes. In accordance with Government Auditing Standards, you will be required to review and approve those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make. an informed judgment on those financial statements. Further, you are required to designate a qualified management-level individual to be responsible and accountable for overseeing our services. Audit Procedures-General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. As required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, our audit will include tests of transactions related to major federal award programs for compliance with applicable laws and regulations and the provisions of contracts and agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a 3 Calhoun County, Texas August 2, 2006 Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures-Internal Control In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinions on the County's financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Tests of controls relative to the financial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A-I33, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A -13 3. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the commissioners court of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by Government Auditing Standards and OMB Circular A-133. Audit Procedures-Compliance 4 Calhoun County, Texas August 2, 2006 Our audit will be conducted in accordance with the standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the County's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-B3 requires that we also plan and perform the audit to obtain reasonable assurance about whether the County has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB Circular A-133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the County's major programs. The purpose of those procedures will be to express an opinion on the County's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-I33. Audit Administration, Fees, and Other We understand that your employees will assist in the preparation of all cash or other confirmations we request and will locate any invoices selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide an original and print-ready master of our reports to Calhoun County, Texas; however, it is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The audit documentation for this engagement is the property of Rutledge Crain & Company, PC and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to an Oversight Agency for Audit or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Rutledge Crain & Company, PC personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. 5 Calhoun County, Texas August 2, 2006 The audit documentation for this engagement will be retained for a minimum of five years after the report release or for any additional period requested by the Oversight Agency for Audit, or Pass-through Entity. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on approximately April 23, 2007 and to issue our reports no later than June 30,2007. We have estimated that our fee for services in connection with our 2006 audit will not exceed $31,050 excluding costs for report reproduction. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, you will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our 2004 peer review report accompanies this letter as Attachment A. We appreciate the opportunity to be of service to Calhoun County, Texas' and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, ~r-~f~,fc- RESPONSE: This letter correctly sets forth the understanding of Calhoun County, Texas. By:YV\wl64 4 PH- Title: ~<t.~ 9L. Af...{ Date: . August _ ?4". 2006 -----...-.,- - --~-- r 6 l t c. .'" ...~... _ Division for CPA Firms A1CPA GERALD D. NELSON, P.c. CERTIFIED PUBLIC ACCOUNTANT 3202 COUNTY ROAD 4145 CRANFILLS OAP, TEXAS 76637 254-597-0240 FAX 254.597.0241 E.MAIL: gnclson@hlcomp.nel WACO OFFICE 600 W. HWY. 6, SUITE 412 WACO, TEXAS 76712 254-776-9206 February 23, 2005 To the Shareholders Rutledge Crain & Company, PC I have reviewed the system of quality control for the accounting and auditing practice of Rutledge Crain & Company, PC (the firm) in effect for the year ended September 30, 2004. A system of quality control encompasses the firm's organizational structure, the policies adopted and procedures established to provide it with reasonable assurance of conforming with professional standards. The elements of quality control are described in the statements on Quality Control Standards issued by the American Institute of CPAs (AICPA). The firm 1s responsible for designing a system of quality control and complying with it to provide the firm reasonable assurance of conforming with professional standards in all material respects. My responsibility is to express an opinion on the design of the system of quality control and the firm's compliance with its system of quality control based on my review. My review was conducted in accordance with standards established by the Peer Review Board of the AICPA. During my review, I read required representations from the firm, interviewed firm personnel and obtained an understanding of the nature of the firm's accounting and auditing practice, and the design of the firm's system of quality control sufficient to assess the risks impliCit in its practice. Based on my assessments, I selected engagements and administrative files to test for conformity with professional standards and compliance with the firm's system of quality control. The engagements selected represented a reasonable cross-section of the firm's accounting and auditing practice with emphasis on higher-risk engagements. (The engagements selected included among others, engagements performed under Government Auditing Standards.) Prior to concluding the review, I reassessed the adequacy of the scope of the peer revew procedures and met with firm management to discuss the results of my review. I believe that the procedures I performed provide a reasonable basis for my opinion. In performing my review, I obtained an understanding of the system of quality control for the firm's accounting and auditing practice. In addition, I tested compliance with the firm's quality control pOllcies and procedures to the extent I considered appropriate. These tests covered the application of the firm's policies and procedures on selected engagements. My review was based on selected tests and therefore it would not necessarily detect all weaknesses in the system of quality control or all instances of noncompliance with it. There are inherent limitations in the effectiveness of any system of quality control and therefore noncompliance with the system of quality control may occur and not be detected. Projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies or procedures may deteriorate. ...." .. ~ '. \ I ! In my opinion, the sY5tem of quality control for the accounting and auditing practice of Rutledge Crain & Company, PC, in effect for the year ended September 30, 2004, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA and was complied with during the year then ended to provide the firm with reasonable assurance of conforming with professional standards. (As is customary in a system review, I have issued a letter under this date that sets forth comments that were not considered to be of sufficient significance to affect the opinion expressed in this report.) ~~ 2). ;V~ jJc. GERALD D. NELSON, P.C. ./ AUTHORIZE A LOAN FROM THE GENERAL FUND TO THE GRANTS FUND-FEDERAL HOMELAND SECURITY IN THE AMOUNT OF $32,131.57 TO PAY FOR RADIOS PROCURED UNDER GRANT AND INVOICED IN JULY: A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to approve a loan from the General Fund to the Grants Fund-Federal Homeland Security in the amount of $32,131.57 to pay for radios procured under grant and invoiced in July. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. .; TEXAS TASK FORCE ON INDIGENT DEFENSE 205 West 14th Street, Suite 700 Tom C. Clark Building (512)936-6994, P.O. Box 12066, Austin, Texas 78711-2066, 512-475-3450 Fax wvvw. courts. state. tx; us/ oca/tfid Formula Grant Program Requests for Applications (RF A) August 24, 2006 Total Grant Amount Budgeted for Statewide Use Available: FY2007- $12 million (estimated) Type of Grant Formula - The Task Force distributes funds to counties through a formula that sets a $5,000 floor per grant with the remainder based on a county's percent of population (estimated by the Texas Data Center in the preceding year) multiplied by the Task Force's remaining budgeted amount for fornmla grant. Counties must meet minimum spending requirements to qualify. Eligibility: Only Texas counties may apply. See further eligibility below. Grant Applications Due: All applications must be submitted on-line. Applications must be completed and submitted by October 23, 2006. See submission requirements below for waiver requests and other deadlines. Method of Application: On-line submission at http://tfid.tamu.edu. All county judges have been assigned a unique user name and password. See contact information below for access to the system. Time Period for Funding: October 1,2006 through September 30, 2007 All grants awarded will require at least one follow-up report outside of the time period. Commissioners Court Resolution Required: This application is submitted on-line but requires a commissioners' court resolution/internet submission form be adopted and faxed/mailed. The resolution is generated by the on-line system and must be printed out from the on-line application page. Funding: Funds will be distributed in four (4) disbursements for this fiscal year for most counties. Task Force on Indigent Defense Steps in Submitting a Grant Application 1) Log onto http://tfid.tamu.edu (Follow on-line page instructions). 2) Verify that the online screen indicates the appropriate grant officials and judicial officials. 3) Verify on-line that Task Force records indicate that submitted county-wide plans are in compliance and meet the grant eligibility requirements. Contact Task Force staff to discuss compliance issues. 4) Certify the application complete by sending in the Resolution / Internet Submission Form along with any required plan documents. Applicable Authority and Rules Texas Government Code Section 71.062 Texas Administrative Code Chapter 173 Uniform Grant Management Standards (UGMS) Formula Grant Program A. Introduction Formula Grants are provided by the Task Force on Indigent Defense (Task Force) to help the Task Force meet its statutory mandates and to promote Texas counties' compliance with standards adopted by the Task Force. Fommla grants provide money to counties for increased indigent defense costs based on a formula set by the Task Force. Qualifying counties are eligible for funds determined by the formula only to the extent their spending exceeds spending in their baseline year. The current formula provides that all counties are eligible for a $5,000 "floor." The remaining funds set aside by the Task Force for these purposes are then allocated based on the counties' percent of the State of Texas' population estimate as determined by the Texas Data Center for the preceding year. Other grant distribution formulas may be considered in the future as more data becomes available. Counties must meet minimum spending requirements to receive credit for spending the funds. The grant period for this application is October 1, 2006 through September 30, 2007. Expenses must be incurred and lor obligated during this time. B. Eligibility 1. Only counties are eligible to apply for funds 2. Indigent Defense Information (Countywide Plans) must be in compliance with applicable statutes and standards - Local Administrative District Judges, Local Statutory County Court Judges (or County Judge as applicable) and the Chairs of Juvenile Boards must submit their countywide indigent defense plans, procedures and forms to the Office of Court Administration as required in Government Code Section 71.0351. The plans must meetthefollowing minimum plan eligibility requirements set by the Task Force: 2 of 9 pages FY2007 Formula Grant RFA Due: October 23,2006 f , Task Force on Indigent Defense a) The plane s) specify that each accused person will be brought before a magistrate within 48 hours of arrest for proceedings under Article 15.17 of the Code of Criminal Procedure b) The planes) specify that when an eligible defendant submits the required documents for the appointment of counsel, the request and documents required will be transmitted to the appointing authority within 24 hours of the request. c) The planes) specify that the appointing authority will appoint counsel for eligible defendants within one working day of receiving the request (counties with population of250,000 and above) or within three working days of receiving the request (counties with population under 250,000). d) A copy of all formal and inforn1al rules and forms that describe the procedures used in the. county to provide indigent juvenile respondents with counsel in accordance with the Code of Criminal Procedure and Family Code Chapter 51 have been adopted by the courts and juvenile boards and have been submitted to the Office of Court Administration. e) The county has adopted an attorney fee schedule in accordance with Article 26.05, Code of Criminal Procedure that addresses the following issues: i. The planes) specify a schedule of attorney fees that covers all criminal cases for which punishment by incarceration may be imposed. 11. The planes) specify procedures for payment of expenses, including expert and investigator fees, incurred with prior court approval. 111. The planes) specify procedures for payment of expenses, including expert and investigator fees, incurred without prior court approval. IV. The planes) specifies that no payment shall be made until the forn1 for itemizing the services performed is submitted to the judge presiding over the proceedings and the judge approves the payment. f) The planes) specify procedures and documentation to meet minimun1 attorney Continuing Legal Education (CLE) standards set by the Task Force (l T AC 99174.1-174.4). C. Direct Disbursement Pool If a county has had to refund money or has not received grant funds in the previous year, please consider not applying for the formula grant and the county you will be eligible for the Direct Disbursement Pool. Counties with low incidence of crime and low indigent defense expenses may choose to not submit the application. They will be eligible under the Task Force Direct Disbursement policy and procedures. This policy ofthe Task Force is to reduce application procedures for counties that have both low incidences of crime and low indigent defense costs. The policy governing reimbursement of eligible expenses under this policy vary depending on whether a county spent anyofthe formula grant funds in the preceding year. A county that has not spent any formula grant funds in the preceding year and does not apply for a formula grant in the current fiscal year may submit receipts for direct disbursements. If it experiences indigent defense costs above its baseline year amount, such a county is eligible to receive up to twice the amount ofthe initial allocation of 3 of 9 pages FY2007 Fornmla Grant RFA Due: October 23, 2006 ~ Task Force on Indigent Defense funds for the county under formula grant program as established by the Task Force prior to issuing the Request for Applications; A county that spent a portion of the formula grant funds in the preceding year and does not apply for a formula grant in the current fiscal year may submit receipts for direct disbursements. If it experiences indigent defense costs above its baseline year amount, such a county is eligible to receive up to the amount of the initial allocation of funds for the county under fornmla grant program as established by the Task Force prior to issuing the Request for Applications. The Task Forc,e on Indigent Defense will budget up to two-thirds ofthe funds allocated to counties that do not apply for formula grant funds to the direct disbursement pool, Funds will be disbursed from the pool based on a county's compliance with the current year grant eligibility requirement and written documentation that the county has actually expended its baseline year amount plus the amount requested. All payments considered for reimbursement are subject to availability of funds. Applications with expense information for direct disbursement must be submitted on or before August 15, 2007. The time period for calculating the direct disbursement will be September 1,2006 through August 15,2007. A county that applied for formula grant in FY2006 may not include September 2006 in their direct disbursement submission. This change in time period for direct disbursement calculation will not affect the time period for the statutory Indigent Defense Expenditure Report. D. Notification This FY06 Formula Grant - Request for Applications is sent to all 254 Texas Constitutional County Judges. A courtesy notice is mailed to all local administrative district judges, local administrative statutory county judges and each county auditor (or treasurer where there is no auditor). The notice informs other county stakeholders to seek a copy ofthe grant RFA from the constitutional county judge or go to the Task Force website www.courts.state.tx.us/oca/tfid. The Task Force staff uses the contact information provided by counties at our website. Please make sure that all contact infornlation is accurate. Counties are required to maintain correct contact information on the Task Force grant and report website (http://tfid.tamu.edu). The notice of grant . availability is also published in the Texas Register. E. Application The Task Force is committed to reducing paperwork burdens for Texas counties that apply for the grants. Therefore, the grant application process will be electronic. The application steps are: 1) Review the baseline (FYOI) - The baseline is the amount counties must spend in indigent defense before they qualify as having spent the grant. Counties that have received or applied for grants in previous years have already established a baseline with the Task Force. To meet the requirements under Texas Government Code S7I.062(d), the Task Force has adopted as an expenditure baseline of each county's FYOl indigent defense expenditures. Attorney fees, investigator 4 of 9 pages FY2007 Formula Grant RFA Due: October 23, 2006 t , Task Force on Indigent Defense expenses, expert witness expenses, and other litigation expenses that the county paid on behalf of indigent criminal defendants / juvenile respondents are allowable expenses. This information remains static unless a county requests an alternative baseline, as described below. a. The baseline amount is used for comparison to determine grant qualification for each year. b. To qualify for grant funds each year, the county must spend an amount at least equivalent to the FYO 1 baseline. c. A county may apply (with documentation) to the grants administrator for an adjusted baseline if the county can demonstrate: i. the baseline contained extraordinary expenses (major cases, capital cases, etc); or 11. the county's FY01 expenses were not reflective ofnonnal county expenditures prior to the implementation of the Fair Defense Act. 2) All applications must be submitted online. Contact the Task Force Grant Administrator for instructions to obtain a waiver to the on-line application. 3) If a person other than the recipient of this letter needs to obtain a user name and password, contact The Texas A&M University Public Policy Research Institute (PPRI) ~ [PPRI manages the collection, storage and retrieval of data for the Task Force]. County officials contact PPRI through e':mail (diohnson@ppri.tamu.edu), fax (888-351-3485) or by regular mail: Darby Johnson, PPRI 314 H. C. Dulie Bell Building,TAMU, Mailstop 4476 College Station, Texas 77843A476 PPRI will not provide user names and passwords over the phone. Individuals using personal e-mail accounts may be asked to provide additional information. a) Go to the PPRI Task Force website at http://tfid.tamu.edu b) Enter the User ID and Password located on the cover letter in this mailing. 4) Apply on-line a. Sign in - The authorized official or designee logs in to the website using a unique usemame and password and selects "Apply for Formula Grant". A designee may actually perform the tasks if allowed by the authorized official. b. Review the eligibility requirements - Each year the Task Force adopts specific measures as eligibility requirements for the Formula Grant funds. These measures are intended to encourage each county's compliance with statutory requirements or policy and standards adopted by the Task Force. The grant application screen will reveal the compliance checklist maintained by the Task Force's special counsel. Counties that have blank check boxes in any category will not be able to receive funds until they meet all grant program eligibility requirements. They should complete the on-line application then contact the Task Force for instructions to resolve plan compliance issues. 5 of 9 pages FY2007 Formula Grant RFA Due: October 23,2006 '! Task Force on Indigent Defense c. Verify that the County's stored information is correct - The authorized official reviews the data the Task Force has stored for the various county grant positions. (Note: Please remember to update the county contact information during the grant year as changes in officials or contact information occurs.) d. Identify the individuals in the following grant positions as required in Texas Administrative Code Rule 173.301. Make changes as needed. i. Authorized official - This person must be authorized to apply for, accept, decline, modify, or cancel the grant for the applicant county. A county judge or a designee authorized by the governing body in its resolution may serve as the authorized official. (Note: Some counties prefer to have a district or statutory county judge serve as authorized official since this grant is related to judicial processes - this is acceptable). 11. Fiscal Officer - This person must be the county auditor or county treasurer if the county does not have a county auditor. 111. Program Director - This person must be the officer or employee responsible for program operation or monitoring or implementation of the indigent defense plan and who will serve as the point-of-contact regarding the program's day-to-day operations. (By rule this person cannot be the financial officer). Use the "Change" Button - When the person listed is no longer authorized to perform the duties with the Task Force previously authorized by the county. It is also used to change contact information for any grant official. This situation usually arises when county officials turnover as a result of elections, retirements, or some other removal from office. e. Select the "Submit" button. The,page will become a confirmation page at that point. Select the Resolution link to create your county's resolution. f. Print / download resolution - The system will allow the user to download a resolution in an MS Word document or provide an opportunity to print the document based on the selections above. g. Receive confirmation - The system will provide a confirmation page to the grant officials confirming that the application has been completed and informing them that the resolution must be adopted by the commissioner's court and then faxed to the Task Force. PLEASE PRINT THE CONFIRMATION PAGE. 5) Mail (postmarked) or fax the resolution adopted by commissioners' court by October 21, 2006 to the: Task Force on Indigent Defense Grant Administrator c/o PPRI 314 H. C. Dulie Bell Building,TAMU, Mailstop 4476 College Station, Texas 77843-4476 Fax (979) 845-0249 6 of 9 pages FY2007 Fonnula Grant RFA Due: October 23, 2006 .. - , Task Force on Indigent Defense F. Review Approximately 30 days prior to the Task Force meeting set to award the Formula Grants the Grant Administrator will review the application for completeness and notify counties via e-mail, fax, or mail whether any additions or corrections need to be made. G. Denial of Grant Counties not completing the grant application process or those not meeting minimum eligibility requirements will be notified by mail within 30 days following the Task Force award meeting) H. Authorization to Fund Texas Government Code Sec. 71.062. TECHNICAL SUPPORT; GRANTS (a) The Task Force on Indigent Defense shall: (1) provide technical support to: (A) assist counties in improving their indigent defense systems; and (B) promote compliance by counties with the requirements of state law relating to indigent defense; (2) direct the comptroller to distribute funds, including grants, to counties to provide indigent defense services in the county; and (3) monitor each county that receives a grant and enforce compliance by the county with the conditions of the grant, including enforcement by directing the comptroller to: (A) withdraw grant funds; or (B) require reimbursement of grant funds by the county. (b) The Task Force on Indigent Defense shall direct the comptroller to distribute funds as required by Subsection (a)(2) based on a county's compliance with standards developed by the task force and the county's demonstrated commitment to compliance with the requirements of state law relating to indigent defense. (c) The Task Force on Indigent Defense shall develop policies to ensure that funds under Subsection (a)(2) are allocated and distributed to counties in a fair maImer. (d) A county may not reduce the amount of funds provided for indigent defense services in the county because of funds provided by the Task Force on Indigent Defense under this section I. Use of Funds Funds must be used to improve indigent defense systems. Attorneys fees, investigator expenses, expert witness expenses, and other direct litigation costs that a county spends on behalf of a criminal defendant or juvenile respondent in a criminal matter that has been deternlined by a court of competent jurisdiction to be indigent are allowable expenses. All funds must be spent in compliance with the following: Texas Administrative Code, Title 1 Administration, Part 8Texas Judicial Council, Chapter 173 Indigent Defense Grants; And Texas Uniform Grant Management Standards The Task Force on Indigent Defense website maintains links to electronic copies of these documents. Grant applicants/ recipients may contact the Task Force staff in writing for paper copies ifno electronic means are available to secure the documents. 7 of 9 pages FY200? Formula Grant RFA Due: October 23,2006 ~ TaskForce on Indigent Defense J. Statement of GranfAward Statements of Grant Awards will be prepared exactly as authorized by the Task Force. These may inClude special conditions. The fax cover page will be directed to the official designated in the resolution adopted by the commissioners' court. K. Special Conditions The Task Force may determine special conditions or authorize staff to apply the conditions on criteria set by the Task Force (TAC 173.201). The Task Force may develop special conditions that relate to expenditures, compliance with statutory requirements or standards adopted by the TaskForce. L. Return of Signed Statements Authorized officials must sign and return Statements of Grant A wards via fax within 30 days from the date of the fax. Each grant award statement will be compared to the resolution to ensure the correct official as authorized by the commissioners' court resolution signed the Statement of Grant Award. Counties that are unable to process the return ofthe Statement of Grant Award in a timely fashion must submit a written request for an extension. 0 ~; M. Reports All counties are statutorily required to submit an Indigent Defense Expenditure Report each year on November 1. In accordance with TAC 173.8 the reporting will be through the internet. Some counties may have special conditions on their Statement of Grant A ward that require additional report(s). This is a fiscal report to establish the counties expenditures at mid-year to determine whether the county should begin receiving payments at m:id-year or after the annual report. N. Payments Counties must have met all eligibility, spending, and grant condition requirements before receiving payments. Payments will be made quarterly for most counties. Some counties may have a special conditions related to meeting minimum statutory spending requirements. These counties will receive funds only after a supplemental expenditure report establishes that they have spent the predetermined minimum amount stated in the special condition. No payment shall be made from grant funds to a county until all special conditions have been met unless the special condition adopted by the Task Force provides an alternative payment schedule or instructions for payment. Task Force staff shall maintain documentation through electronic/paper files or correspondence to the county stating how the special condition was met. O. Maintain Official Contact Information All counties must maintain the grant and plan officials contact infoffi1ation on counties' home page set up at http://tfid.tamu.edu. Counties must advise the Task Force of changes 8 of 9 pages FY2007 Formula Grant RFA Due: October 23,2006 t ! Task Force.on Indigent Defense in the authorized official, program director, financial officer, local administrative district judge, local statutory county judge and county judge by updating this web site contact information. This information will be used to provide notices for grant or plan submission information. The Task Force staffwill use e-mail whenever possible to notify counties of required reports and funding opportunities. P. Compliance with Task Force Requirements All counties must be in compliance with Task Force expenditure report and plan submission requirements. Applications from counties that have not submitted statutorily required documents or have otherwise not submitted required documents to meet eligibility requirements will not be considered for funding. Counties must maintain compliance during the funding period. Q. Conformity with Fair Defense Act and Countywide Plans Actual indigent defense practices and procedures within the county must substantially conform to the Fair Defense Act and the Indigent Defense Information (Countywide Plans). R. DCA Reporting The applicants' county and district clerks must be in compliance with reporting requirements promulgated by the Texas Judicial Council as of August 31, 2006. The district clerks and county clerks must begin submitting their monthly court activity reports to OCA electronically not later than August 2006, unless they have obtained a waiver in writing from OCA. S. Impact of Multi-year Discretionary Grant Counties that receive multi-year discretionary grants from the Task Force are encouraged to continue applying for the Formula Grant. Formula Grant payments will be made as scheduled. The county will submit its annual Indigent Defense Expenditure Report on or before November 1 of each year. If the impact of the Multi-year funded program results in overall reduction of the county's indigent defense expenses below the baseline period then all or a portion of the formula grant may need to be returned to the Task Force as directed by the Task Force. Regional programs are exempt from this requirement. 9 of 9 pages FY2007 Formula Grant RFA Due: October 23,2006 ~ 2007 Calhoun County Resolution Indigent Defense Grant Program WHEREAS, under the provisions ofthe Fair Defense Act, 77th Regular Session, counties are eligible to receive grants from the Task Force on Indigent Defense to provide improvements in indigent defense services in the county; and WHEREAS, this grant program will assist the county in the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county; and WHEREAS, Calhoun County Commissioners Court has agreed that in the event of loss or misuse of the funds, Calhoun County Commissioners assures that the funds will be returned in full to the Task Force on Indigent Defense. NOW THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Indigent Defense Formula Grant Program and all other necessary documents to accept said grant; and BE IT FURTHER RESOL VED that the County Judge is designated as the Program Director and contact person for this grant and the County Auditor is designated as the Financial Officer for this grant. Adopted this 14th day ofSeptember,2006. ~dJ~P~ Mic e(P ifer County Judge Attest: &lLbt/fYICkh b~, LOOt1~1 dRfull{~ County Clerk Internet Submission Form After submitting the formula grant application on-line, the following Internet submission confirmation number was received #200702920060915. This grant application submission was in accordance with the Commissioners Court Resolution above. -1ltu '1uJ~W- MidI el eifi r County Judge J L.UU I ~,UnOUIl ~OUIllY rOrmUla vranl rrogram A.pplICanon ~onIlrmanon ~ 't \ rage 1 01 1 2007 Calhoun County Formula Grant Program Application Confirmation County: Fiscal Year: Confirmation Number: Projected Allocation: County's FY01 Baseline: State Payee Identification number: Division or Unit within the county to administer the grant: Official County Mailing Address: Calhoun 2007 200702920060915 $14,699.00 $52,627.00 746001923 County Judge 211 S. Ann Street, Room 304 Port Lavaca, TX 77979 The County Judge is Michael Pfeifer. The Financial Officer is the County Auditor, Cynthia Mueller. The Local Administrative District Judge is Kemper Stephen Williams. The Local Administrative Statutory County Court Judge is Alex R. Hernandez. The Chairman of the Juvenile Board is Alex R. Hernandez. Receive Plan Mailings R; RJ RJ Indigent Defense Plan Review Summary The following items have been addressed in the plan: Reviewed 2002 or 2003 Juvenile Plan Distriet County Juvenile Court Court Board I?J 48 hour initial appearance R; 24 hour transmission of counsel requests. P; 1 or 3 working day deadline for appointing counsel R Attorney Fee Schedule R1 Procedures for payment of expenses incurred with prior court approval M Procedures for payment of expenses incurred without prior court approval J;Z Itemized fee voucher required to be submitted and approved by judge before payment PJ CLE Training requirements for attorneys complies with Task Force standards P:; Plan has met specified conditions R The plan requirements appear to have been met. R p; R p:; p:; P; R1 w.i R: RJ P:; P; p; R: R After printing out the Resolution / Internet Submission Form and obtaining the appropriate signatures, mail or fax the form to: Darby Johnson, PPRI 335 H.C. Dullie Bell Building TAMU Mailstop 4476 College Station, Texas 77843-4476 Fax number: 888-351-3485 ResQJytJ<:mLJIJJernetS-'.LbmlssiQIJ_EQrm; Click on link to open new window with Sample resolution. This may be printed or copied (Ctrl+A, Ctrl+C) and pasted (Ctrl+V) into Word Processing software for editing. '!Vorg Y~IsjQJ} http://tfid. tamu.edu/F ormulaGrantProgram/FGP ApplicationConfirmation.asp?County _ ID==... 9/15/2006 ACCEPT SALARIES FOR COUNTY AUDITOR, FIRST ASSISTANT AUDITOR~ AND ASSISTANT AUDITOR AS SET BY THE DISTRICT JUDGES OF CALHOUN COUNTY: A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to accept salaries for the County Auditor, First Assistant Auditor, and Assistant Auditor as set by the District Judges of Calhoun County. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. \ STATE OF TEXAS IN THE DISTRICT COURT OF COUNTY OF CALHOUN CALHOUN COUNTY, TEXAS WHEREAS, on August 11, 2006 at a public hearing held for the purpose of setting the salaries of the County Auditor and Assistants for fiscal year 2007, and for the purpose of approving the number of assistants for the Auditor's Office for fiscal year 2007; and WHEREAS, the following base salary amounts were approved for fiscal year 2007 at the close of the public hearing: County Auditor $51,758 First Assistant Auditor $ 39,447 Assistant Auditor $ 30,365 Assistant Auditor $ 30,365 Assistant Auditor $ 30,365 ,. FURTHER, any fiscal year 2007 salary increases and longevity approved by Commissioners Court for County Officials and Employees are approved for the County Auditor and Assistant Auditors in like percent and amount and upgrades or reclassifications of job grades and/or clusters approved by Commissioners Court for other County Employees are approved for such like and similar jobs for assistant auditors and the filling of vacant positions and those becoming vacant are approved at the rates and levels consistent with personnel policies and guidelines adopted by Commissioners Court for other County Employees. We, the undersigned, being a majority of the District Judges of Calhoun County, Texas do hereby ratify the approval action on August 11, 2006 by the District Judges at the close of the public hearing held for the purpose of setting salaries and approving the number of assistants for the County Auditor's Office for fiscal year 2007. er Stephen Williams, Judge, 13Sth Judicial District \' ....,jt4-...J r ...' '~~,,.,~, 1,"'';'/ . ~~l~""'- r<;, .:' ,'"1), -t~;~, ~'~ !:~-'~J; ~ ~Tfi"I:!\TF' .1:L.~....d!:t1.J.l:ol,... ...._...,..O:.1l~I. ". ,oJ'..... "" ~L.~._-"'"".,. ,.'" ;:;", ~ :'\.= ., .., r '., aO:l ~;tr~:cJ hi', tn.HI Jj~) 1:n\"':,'~,. '-:..': ~.,...... \; "J~"",,:.?:,-, ,( 'I. . , , . ..j' ~^ I~'-~n(. <JI<1-., .:\. ~ .--_ .. '''Uf=> J. ,~f~; t~t, 'l....,."~'..r:...'~ <_ ...... ~~./' 'i"r..,,;,~ .~. '}~s.., '" .'. ,i< ~;~}1 ;:::":: ~.)~ .~ 6;;;, Skipper Koe ter,.;Judge~'~{)~tll'.Jlid..icniJ2Di~tifct .' .~" .... S~ \i~c.{rJ~" ,',,1;, " 1l'JIii1t:".,1.offrl-J~';"W~'~-"" ,;;...... i' / 4- lIJ"l" ...'..i: ~....,;J"'''''''",,:'''''.''''l.'..., .c_~.. J.":1~,_ ~:". .~.'i _~~_, Ii .',....J c, ,..". Po",' ". ".. , ". .,. ...... .... . l.~ ~.~. ~ . - -.' .. ",.~ - ?.1"~' , ~.'~ ~ ~ ~'~~.,T t.. ,"::"-- . d,.'. .\''\ , "J '" . ""'~"",,,' \; ~ ~~, ~ ~-.t~,5.-~;' Ii~trttw~f. M V~?AGE_ AUG 1 7 2006 PAMELA MARTIN HARTGROVE 9lSTRJCT ClERK, CALHOUN C(!JJffTY, TEXAS ~:a-_CW~/~ \ l, COUNTY REPORTS: County Treasurer, JP 1 and JP 5, District Clerk, and the Extension Service presented their monthly reports for July 2006 and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Judge Pfeifer that said reports be accepted as presented. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. Co C)J7/ CALHOUN COUNTY, TEXAS CALHOUN COUNTY TREASURER'S REPORT MONTH OF: JULY 2006 BEGINNING ENDING FUND FUND BALANCE RECEInS DISBURSEMENTS FUND BALANCE GENERAL $ 13,393,864.10 $ 389,610.20 $ 1,481,084.43 $ 12,302,389.87 AIRPORT MAINTENANCE 21,656.03 684.55 1,599.89 20,740.69 APPELLATE JUDICIAL SYSTEM 647.74 222.53 0.00 870.27 ANIMAL CONTROL-CAWS 142.45 0.56 0.00 143.01 CHAMBER TOURISM CENTER 228.89 0.89 0.00 229.78 COUNTY CHILD WELFARE BOARD FUND 697.07 110.72 0.00 807.79 COURTHOUSE SECURITY 182,319.58 2,392.97 0.00 184,712.55 D.A. GUN VIOLENCE PROSECUTION PROG. 8,000.00 0.00 0.00 8,000.00 DONATIONS 141,440.42 680.41 422.57 141,698.26 FAMILY PROTECTION FUND 702.95 182.74 0.00 885.69 JUVENILE DELINQUENCY PREVENTION FUND 7,351.10 28.70 0.00 7,379.80 GRANTS 59,553.51 11,657.49 4,607.38 66,603.62 HWY 87IFMI090 535,603.86 2,091.22 0.00 537,695.08 mSTICE COURT TECHNOLOGY 14,555.70 846.74 130.00 15,272.44 mSTICE COURT BUILDING SECURITY FUND 1,054.97 174.46 0.00 1,229.43 LATERAL ROAD PRECINCT #1 3,116.02 14.51 0.00 3,730.53 LATERAL ROAD PRECINCT #2 3,116.02 14.51 0.00 3,730.53 LATERAL ROAD PRECINCT #3 3,116.02 14.51 0.00 3,730.53 LATERAL ROAD PRECINCT #4 3,716.03 14.51 0.00 3,730.54 PRETRIAL SERVICES FUND 9,599.39 3,005.48 0.00 12,604.87 LAW LIBRARY 86,826.81 1,879.01 0.00 88,705.82 LAW ENF OFFICERS STD. EDUC. (LEOSE) 10,650.52 41.58 0.00 10,692.10 POC COMMUNITY CENTER 7,190.48 758.07 1,333.41 6,615.14 RECORDS MANAGEMENT-DISTRICT CLERK 256.28 192.39 0.00 448.67 RECORDS MANAGEMENT-COUNTY CLERK 18,427.73 2,626.95 989.99 20,064.69 RECORDS MGMT & PRESERVATION 10,222.84 1,071.21 0.00 11,294.05 ROAD & BRIDGE GENERAL 556,735.74 41,709.19 0.00 598,444.93 ROAD & BRIDGE PRECINCT #3 11,697.45 45.67 0.00 11,743.12 ROAD MAINTENANCE PRECINCT #4 15,122.21 59.04 0.00 15,181.25 SHERIFF FORFEITED PROPERTY 1,097.27 4.28 0.00 1,101.55 CAPITAL PROJ-COURTHOUSE RENOVATION 532,126.36 276,355.78 269,954.89 538,527.25 CAPITALPROJ-NEWEMS BLDG 19,196.25 0.00 0.00 19.196.25 CAPITAL PROJ-NEW JAIL BLDG 0.00 10,290.44 14,613.69 (4,323.25) CAPITAL PROJ-P ARKING LOT 80,543.81 0.00 0.00 80,543.81 CAP PROJ-PCT 2 - STORM REPAIRS 17,796.13 0.00 0.00 17,796.13 CAPITAL PROJ-RB INFRASTRUCTURE 32,732.48 0.00 0.00 32,732.48 CAPITAL PROJ-SW AN POINT PARK 74,720.40 0.00 0.00 74,720.40 CAPITAL PROJ-AIRPORT IMPROVEMENT II 59,566.32 0.00 0.00 59,566.32 CAPITAL PROJ-MOLD REMEDIATION 858.83 0.00 0.00 858.83 CAP PROJ-HATERlUS PRK BOAT RAMP-STRM REP 33,148.15 0.00 0.00 33.148.15 CAP PROJ-PORT ALTO PUBL BEACH-STORM REP 30,384.78 0.00 0.00 30,384.78 CAP PROJ- CO CLERK'S RECORDS 73,147.25 0.00 50,240.00 22,907.25 CAP PROJ-DISTRICT CLERK'S RECORDS 19,227.75 0.00 0.00 19,227.75 ARREST FEES 827.16 499.80 1.326.96 0.00 BAIL BOND FEES (lIB 1940) 1.680.00 1,290.00 1,680.00 1,290.00 CONSOLIDATED COURT COSTS (NEW) 18,595.50 11,749.41 29,562.18 782.73 ELECTIONS CONTRACT SERVICE 2,900.21 2,719.29 0.00 5,619.50 FINES AND COURT COSTS HOLDING FUND 8,455.31 0.00 0.00 8,455.31 INDIGENT CIVIL LEGAL SERVICE 214.00 149.00 363.00 0.00 JUDICIAL FUND (ST. COURT COSTS) 325.16 183.07 508.23 0.00 JUDICIAL SUPPORT FUND 2,438.23 1,878.87 4,126.29 190.81 JUROR DONA TION- TX CRIME VICTIMS FUND 48.00 6.00 48.00 6.00 mSTICE OF THE PEACE CLEARING 42033.08 (4778.50 2 128.77 35,125.81 SUBTOTALS $ 16 161 474.34 $ 760478.25 $ 1 864.119.68 $ 15,057232.91 Page 1 of3 4, COUNTY TREASURER'S REPORT MONTH OF: JULY 2006 BEGINNING ENDING FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE OPERATING FUND - BALANCE FORWARD $ 16,161,474.34 $ 760,478.25 $ 1,864,719.68 $ 15,057,232.91 JUVENILE PROBATION RESTITUTION 407.50 431.15 0.00 838.65 LIBRARY GIFT AND MEMORIAL 50,104.42 220.63 506.55 49,818.50 MISCEll..ANEOUS CLEARING 52,915.02 8,716.59 61,611.97 19.64 REFUNDABLE DEPOSITS 2,225.00 0.00 0.00 2,225.00 STATE CIVIL FEE FUND 2,646.80 2,890.70 4,832.50 705.00 JURY REIMBURSEMENT FEE 0.00 5.81 0.00 5.81 SUBTITLE C FUND 5,731.88 2,844.35 8,576.23 0.00 TIME PAYMENTS 2,705.74 1,846.48 4,405.86 146.36 TRAFFIC LAW FAILURE TO APPEAR 2,749.69 1,178.63 3,928.32 0.00 UNCLAIMED PROPERTY 2,065.31 8.06 0.00 2,073.37 BOOT CAMPIJJAEP 127,424.22 32,187.52 10.129.96 149,481.78 JUVENILE PROBATION 260787.18 29355.85 30603.22 259539.81 SUBTOTALS $ 16,671,237.10 $ 840,164.02 $ 1,989,314.29 $ 15,522,086.83 TAXES IN ESCROW 0.00 0.00 TOTAL OPERATING FUNDS $ 16671237.10 $ 840.164.02 $ 1 989 314.29 $ 15.522.086.83 COMB. HOSP. REV. & TAX CERTIF. OF OBLIG. 365,922.47 2,424.21 0.00 368,346.68 CONSTRUCTION (JAIL) 532,850.96 2,039.33 10,290.44 524,599.85 CONSTRUCTION (JAIL) SERIES 2003 - I & S 1,020,601.22 7,898.09 0.00 1,028,499.31 COURTHOUSE RENOVATION FUND SERIES. 2004 2,683,757.48 159,978.12 274,278.14 2,569,457.46 CERT. OF OB-CRTHSE REN. I&S FUND SERIES 2004 187 564.26 2011.50 0.00 189575.76 TOTAL OPER & OTHER CO. FUNDS $ 21 461 933.49 t 1 014 515.27 $ 2 273 882.87 t 20 202..565.89 MEMORIAL MEDICAL CENTER: OPERATING $ 2,950,780.33 $ 3,906,608.02 $ 3,680,261.53 $ 3,177,126.82 MEMORIAL 17,865.02 22.76 0.00 17,887.78 RESTRICTED DONATION 14,169.13 18.05 0.00 14,187.18 INDIGENT HEALTHCARE 6 448.64 105 515.63 109800.90 2 163.37 TOTALS $ 2.989,263.12 $ 4,012,164.46 $ 3,790,062.43 $ 3,211,365.15 DRAINAGE DISTRICTS NO.6 $ 15,474.15 $ 39.22 $ - $ 15,513.37 NO.8 48,568.37 180.98 0.00 48,749.35 NO.I0-MAINTENANCE 47,782.96 120.87 0.00 47,903.83 NO. 11-MAINTENANCFJOPERATING 123,920.75 1,093.32 20,326.10 104,687.97 NO. 11-DEBT SERVICE 69,894.21 246.81 0.00 70,141.02 NO. 11-RESERVE 51199.36 65.23 0.00 51 264.59 TOTALS $ 356,839.80 $ 1,746.43 $ 20,326.10 $ 338,260.13 CALHOUN COUNTY NAVIGATION DIST. MAINTENANCE AND OPERATING $ 149 102.29 $ 363.49 $ 10454.16 $ 139011.62 TOTAL MMC, DRAINAGE DIST. & NA V. DlST. $ 3 495 205.21 t 4 014 274.38 $ 3 820 842.69 t 3 688 636.90 TOTAL All.. FUNDS $ 23,891,202.79 Page 2 of 3 t- ... COUNTY TREASURER'S REPORT MONTH OF: JULY 2006 BANK RECONCILIATION LESS: CERT.OF DEPI FUND OUTSTNDG DEPI PLUS: CHECKS BANK FUND BALANCE OTHER ITEMS OUTSTANDING BALANCE OPERATING * $ 15,522,086.83 $ 15,961,951.81 $ 810,881.88 $ 431,016.84 COMB. HOSP. REV. & TAX CERTIF. OF OBLIG. 368,346.68 13.08 0.00 368,333.60 CONSTRUCTION (IAn...) ** 524,599.85 525,000.00 10,290.44 9,890.29 CONSTRUCTION (IAn...) SERlES 2003 - I & S 1,028,499.31 43.51 0.00 1,028,455.80 COURTHOUSE RENOV. FUND SERlES 2004 *** 2,569,451.46 2,659,915.01 214,218.14 183,820.53 CERT. OF OB-CRTHSE REN. I&S FUND SERlES 2004 189,515-.16 12.01 0.00 189,563.69 MEMORIAL MEDICAL CENTER: OPERATING :j: 3,111,126.82 2,000,000.10 204,096.16 1,381,223.48 MEMORIAL 11,881.18 0.00 0.00 11,881.18 RESTRICTED DONATION 14,181.18 0.00 0.00 14,181.18 INDIGENT HEALTHCARE 2,163.31 59.08 1,125.31 3,829.60 DRAINAGE DISTRICT: NO.6 15,513.31 0.02 0.00 15,513.35 NO.8 48,149.35 0.10 0.00 48,149.25 NO. 10 MAINTENANCE 41,903.83 0.05 0.00 41,903.18 NO. 11 MAINTENANCE/OPERATING 104,681.91 0.48 0.00 104,681.49 NO. 11 DEBT SERVICE 10,141.02 0.42 0.00 10,140.60 NO. 11 RESERVE 51,264.59 0.00 0.00 51,264.59 CALHOUN CO. NAVIGATION DIST: MAINTENANCFJOPERATING **** 139,011.62 0.00 0.00 139,011.62 TOTALS $ 23 891 202.79 $ 21146 995.85 $ 1 361 272.53 $ 4 105 479.47 * CDs - OPERATING FUND $15,559,246.63 ** CD - CONSTRUCTION (JAIL) $525,000 *** CD - COURTHOUSE RENOVATION $2,500,000 **** THE DEPOSITORY FOR CALHOUN CO. NAVIGATION DISTRICT IS FIRST NATIONAL BANK - PORT LA V ACA. THE DEPOSITORY FOR ALL OTHER COUNTY FUNDS IS INTERNATIONAL BANK OF COMMERCE - PORT LA V ACA. . CD - 7000567910 (held in lieu of bond) CALHOUN COUNTY/ DH TEXAS DEVELOPMENT - $4,819,850.00 :j: CD - MMC OPERATING FUND $2,000,000 ~i~ COUNTY TREASURER Page 3 of 3 _-;-. ~~ .J.. c.;."/ L(JUO ..... (J'-t....)0 .:lOl.:..J:..J.:lI UO.:l L.HLHUUI'l ,j t-' 1 r'Al::lt. tl1/ 1::11 ';, I '6 08/03/2006 Money Distribution Report Page Justice of the Peac~, Pct. 1 July 2006 _._~___.._~___..~__._~___._~___.~___.~.---_.._--_._---_.~__...__...~__A.._--...---.._--_._----~."---_.---_..---..----...--...--...-- Receipt Cause/Defendant I Code Amount I code Amount I Code Amount I Code Amount I Code Amount I Code Amount I Total I I I I I 1 I 3680623 CV-06-02 07/03/2006 I SFEE 66.38 I INDF 1.77 I FFEE 8.85 I I I I 77.00 LVNV FUNDING, LLC assignee of SEI I I I I I I Personal Check I I I I I I I 3680624 2006-01.8 07/03/2006 I eeC 40.00 1 CHS 4.00 I SAF 5.00 I IF 4.00 I JCSF 1.00 I JSF 3.00 I 145.00 GONZALEZ, ESTER I FINE 84.00 , JPAY 4.00 I I I I I Jail Credit I I I I 1 1 I 3680625 2006-049 07/03/2006 I eec 40.00 I CHS 4.00 I SAF 5.00 I TF 4.00 I JCSF 1.00 , JSF 3.00 I 305.00 GONZALEZ, ESTER I FINE 244.00 I JPAY 1..00 I I I I I Jai l cr~di t I I I I I I I 3680626 2006-059 07/03/2006 Ieee 40.00 I CHS 4.00 I SAF 5.00 I "(F 1..00 I JCSF 1.00 I JSF 3.00 I 305.00 FLORES, ABRAHAM MELLADO I FINE 244.00 I JPAY 4.00 I I I I I Jail Credit I I I I I I I 3680627 2006-057 07/03/2006 I TFe 3.00 I ccc 40.00 I CHS 4.00 I SAF 5.00 ITF 4.00 I SUBC 30.00 I 125.00 WILSON, THOMAS WAyNE I JCSF 1.00 I JSF 3.00 I FINE 31.00 I JPAY 1..00 I I I Cash I I I I I I I 3680628 2006-028 07/03/2006 I DOC 2.86 I JPAY 1.14 I I I I I 4.00 BORDOVSKY, CHRISTOPHER AARON I I I I I I I Cash I I I I I I I 3680629 2005-0025 07/05/2006 I WRNT 50.00 I TIME 25.00 I DPse 30.00 I FINE 60.00 I CSRV 49.50 I I 211..50 BENNETT, DOUGLAS RUDOLF JR. I I I I I I I Cash1cr's Check I I I I I I I 3680630 2006-056 07/10/2006 L,~p-~,.....-_1~,:J..6..)t CHS 1.89 I P\.JAF 2.37 I H 1.89 I JCSF 0.47 I JSF 1.42 I 130.00 PINADA, ROSAS ELEVARDO l'iilS(. ~:.od:;1 JPAY 4.00 I I I I I Cash I I I I I I I 3680631 CV-06-02 07/10/2006 I SFEE 8.62 I INDF 0.23 I FrEE 1.15 I I I I 10.00 LVNV FUNDING, LLC aS5ign~c of SEI I I I I I I Personal Cn~ck I I I I I I I 3680632 2006-026 07/10/2006 I FINE 20.00 I I I I I 1 20.00 YOUNGBLOOD, CULLEN GABLE I I I I I I I Cash I I I I ..._ ... '" I I I 3680633 CC-04-004 07/11;2006 I ecc 40.00 I CHS 3.00 I LAF 5.00 f"WRNT 50.0Q I TF 4.00 I DPSe 30.00 1 301.60 TINKEY, TERRY M. I FINE 100.00 I eSRV 69.60 I I I I I cash , I I I I I I 3680634 Ce-04-0004A 07/11/2006 I JCPT 2.00 I CVC 15.00 I_cee. ... f7.:00. I FA 5.00 I JCD 0.50 I CHS 3.00 I 548.60 TINKEY. TERRY M. I CMl 0.50 I LAF 5.00 I WRNT 50.00. I TF 4.00 1 DPSC 30.00 I DPSF 290.00 I Cosh I CSRV 126.60 I I I I I I 3680635 eV-06-03 07/13/2006 I INDF 2.00 I FFEE 10.00 I I I I I 12.00 HOLESOVSKY, J. E. .1 I I I I I , C<lsh I I I 1 I I I 3680636 2006-055 07/24/2006 I HC 3.00 I cee 1.0.00 , CHS 4.00 I SAF 5.00 I TIM!: 25.00 I TF 4.00 I 320,00 VELASQUEZ. CRYSTAL NICHOLE I SUBC 30.00 I JCSF 1.00 I JSF 3.00 I FINE 201.00 I JPAY 4.00 I I Cash I I I I I 1 I 3680637 Je-06-014 07/25/2006 I SFEf:: 62.77 I INDF 1.67 I FFEE 12.56 I I I I 77.00 NATIONAL CtTY MORTGAGE, INC. I I I I I I I Pcrsonal Check I I I I I I I 3680638 2005-0059 07/27/2006 I TFe 2.58 I ecc 34.23 I CMS 2.571 LAf 1..28 I URNT 92.79 I TIME 21.39 I 321. 60 KEITH, CHRISTOPHER SCOTT ITF 3.42 I DPSC 25.67 I SUBC 25.67 I FINE 40.00 I CSRV 69.00 I I Jai l crcdit I I I I I I I 3680639 JC-06-014 07/31/2006 I SFEE 12.23 I INDF 0.33 I FFEE 2.44 I I I I 15.00 NATIONAL CITY MORTGAGE, INC. I I I I I I I Personal Check I I I I I I I 3680640 2006-060 07/31/2006 I eee 40.00 I CHS 4.00 I TF 4.00 I JCSF 1.00 I JSF 3.00 I J P}\,( 4.00 I 160.00 NEILL, ~OBERT ALLEN I PUAF 5 .00 fWS'F"::"99J)(l'T I I I I Money Order I I . .'1 1 I I I ~'~(,00J-trJ. ;.. ~~~ i . .-...- tJdl 1. 1:::'1 LtJtJb ,jbl:J:J,jftJb,j 08/03/2006 1:J4;,jb l;ALHUUN JI-'l Money Distribution R~port Justice of the Peace, Pet. 1 July 2006 I-'AC:ic. 1:12/07 Page z -_._----..~~--_..~-_.._~~_..~---_..~---_.~-_...--_.."~~-~."-_._""--_..---_..~-_...~--~..---_..~--_...--_..."~_.._--~~.--_..."~_...-- The following totaL~ represent" Cash and Check~ Collected Count Type Code Description The foLlowing totQLs represent - Cash and Checks Collected COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST FEES FEES FEES FEES FEES FEES FINE FINE FINE cec CHS CMI cve DPSe FA JCD JCPT JCSF JSF LAF PWAF SAF SUBC TF TFe TIME WRNT CSRV DOC FFEE INDF . JPAY SFEE DPSF FINE IISF CONSOLID^TED COURT COSTS COURT HOUSE SECURITY CMI evc OPS OMNIBASE FEE FA JCD JCPT JUSTICE COURT SECURITY FUND JUROR SERVICE FUND SHERIFF'S FEE TEXAS PARKS & WILDLIFE DPS SUBTITLE C TECHNOLOGY FUND TFC TIME PAYMENT FEE WARRANT FEE COLLECTION SERVICE FEE DEfENSIVE DRIVING FILING FEE INDIGENT FEE DISTRICT JUDGE PAY RAISE sERVICE FEE DPS FTA FINE FINE WATER SAFETY FINE 6 6 . 1 1 3 1 1 1 4 4 2 2 2 2 6 2 2 3 3 1 5 5 5 4 1 5 2 Retained 19.60 19.89 0.05 1.50 29.70 0.50 0.05 0.20 3.47 0.00 10.00 5.90 8.00 3.00 21. 89 6.00 25.00 150.00 2l.5.70 2.86 35.00 0.30 2.58 150.00 290.00 412.00 29.70 1,472.89 The following totals r~present . Jail Credtt and community service COST ece COST CHS COST CMI COST eve COST DPse COST FA COST JCD COST JCPT coST JCSF COST JSF COST lAF COST PWAF cOST SAF COST suec COST TF Money TotGils 11. CONSOLIDATED COURT COSTS COURT HOUSe SECURITY CMI cve DPS OMNIBASE FEE FA JCD JCPT JUSTICE COURT SECURITY FUND JUROR SERVICE FUNO SHERIFF'S FEE TEXAS PARKS & WILDLIFE DPS SUBTI T LE e TECHNOLOGY FUND 4 4 o o 1 o o o 3 3 1 o 3 1 4 15.43 14.57 0.00 0.00 8.48 0.00 0.00 0..00 3.00 0.00 4.28 0.00 12.00 1.29 15.1.2 Dlsbur5~d Money-Totals 176.36 0.00 0.45 13.50 60.30 4.50 0.45 1.80 0.00 10.42 0.00 1.47 2.00 57.00 0.00 0.00 25.00 0.00 0.00 0.00 0.00 5.70 14.56 0.00 0.00 0.00 168.30 541.81 138.80 0.00 0.00 0.00 17.19 0.00 0.00 0.00 0.00 9.00 0.00 0.00 3.00 24.38 0.00 195.96 19.89 0.50 15.00 90.00 5.00 0.50 2.00 3.47 10.42 10.00 7.37 10.00 60.00 21.89 6.00 50.00 150.00 245.70 2.86 35.00 6.00 17.14 150.00 290.00 412.00 196.00 2,014.70 154.23 14.57 0.00 0.00 25.67 0.00 0.00 0.00 3.00 9.00 4.28 0.00 15.00 25.67 15.1.2 ~b/l~/L~~b. ~q:~b ~bl:J:J~ll::lb~ CALHUUN JI-'l PAGE 03/07 ~ 08/03/2006 Money Distribution Report Pase 3 Justie~ of the Peace, Pet. 1 JuLy 2006 .__~A..~___..~~__._.~___...~-_~..~~--_..~--_..---_..~-_..____W..~___.._____.~R___.__--.._~__..._~___A.W_____-.---------------..----- The fOllowing totaLs represent - Jilil credit and community Service Type code Description Count Retained Disburs~d MOr'IE:y-Totals COST HC TFC 1 2.58 0.00 2.58 COST TiME TIME PAYMENT FEE 1 10.70 10.69 21.39 COST WRNT \JARRANT FEE 1 92.79 0.00 92.79 FEES CSRV CO~LECTION SERVICE FEE 1 69.00 0.00 69.00 FEES DOC DEFENSIVE DRIVING 0 0.00 0.00 0.00 FEES FFEE FIll NG FEE 0 0.00 0.00 0.00 FEES INDF INDIGENT FEE 0 0.00 0,00 0.00 FEES JPAY DISTRICT JUDGE PAY RAISE 3 1.80 10.20 12.00 FEES SFEE SERVICE FEE 0 0.00 0.00 0.00 FINE DPSF DPS FTA FINE 0 0.00 0.00 0.00 FINE FINE FINE 4 612.00 0.00 612.00 FINE WSF ~ATER SAFETY FINE 0 0.00 0.00 0.00 Credit Totals I. 863.3(. 213.26 1,07e>.60 The following totals represent . Credit Card payments and Transfers COST eec CONSOLIDATED COURT COSTS 0 0.00 0.00 0.00 COST CHS COURT HOUSE SECURITY 0 0.00 0.00 0.00 COST Cr.1I er.1I 0 0.00 0.00 0.00 COST evc CVC 0 0,00 0.00 0.00 COST DPSe DPS OMNIBASE FEE 0 0.00 0.00 0.00 COST FA FA 0 0.00 0.00 0.00 COST JcD JCD 0 0.00 0.00 0.00 COST JCPT JCPT 0 0.00 0.00 0.00 COST JCSF JUST I CE COURT SECURITY fUND 0 0.00 0.00 0.00 COST JSF JUROR SERVICE FUND 0 0.00 0.00 0.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST PWAF TEXAS PARKS & ~ILDLIFE 0 0.00 0.00 0.00 COST SAF DPS 0 0.00 0.00 0.00 COST SUBC SUBTITLE C 0 0.00 0.00 0.00 COST TF TECHNOLOGY FUND 0 0.00 0.00 0.00 COST TFC TFC 0 0.00 0.00 0.00 COST TlME TIME PAYMENT FEE 0 0.00 0.00 0.00 coST ~RNT \.JAR RANT FEE 0 0.00 0.00 0.00 FEES CSRV COLL~CTION SERVICE FEE 0 0.00 0.00 0.00 FEES DOC DEFENSIVE DRIVING 0 0.00 0.00 0.00 FEES FFEE FIUPlG FEE 0 0.00 0.00 0.00 FEES INDF I NO I GENT FEE 0 0.00 0.00 0.00 FEES JPAY DISTRICT JUDGE PAY RAISE 0 0.00 0.00 0.00 FEES SfEE SERVICE FEE 0 0.00 0.00 0.00 FINE DPSF DPS FTA FINE 0 0.00 0.00 0.00 FINE FINE FINE 0 0.00 0.00 0.00 FINE USF \.lATER sAFETY FINE 0 0.00 0.00 0.00 Credit Totals 0 0.00 0.00 0.00 The following totals represent . Combined Money end Credits ~~/l~/~~~b. ~q:~b ~blClCl~/~b~ CALHUUN JI-'l PAGE El4/El7 , 08/03/2006 Moncy Distribution R~~ort Pagc 4 Justice of the Peace, Pet. 1 July 2006 __....ft__~&..____..~____..~____&ft~_~.._ft__....--__.___--..-------------~---.-~-----------.----...-----.~----..-----~.-----.~----..-- The following totals represent Combi.ned Money and Credi ts Type Code Description Count Retained Disbursed Moncy-Totals eOST CCC CONSOLIDATED COURT COSTS 10 35.02 315,17 350.19 COST CHS COURT HOUSE SECURITY 10 34.46 0.00 34.46 COST eMI eMI 1 0.05 0.'5 0.50 COST eve eve 1 1.50 13.50 15.00 COST DPSe DPS OMNIBASE FEE 4 38.18 77.1.9 115.67 COST FA FA 1 0.50 '.50 5.00 COST JCD JCD 1 0.05 0.45 0.50 COST JCPT JCPT 1 0.20 1.80 2.00 COST JCSF JUSTICE COURT SECURITY FUND 7 6.47 0.00 6.47 COST JSF JUROR SERVICE FUND 7 0.00 19.42 19.42 COST LAF SHERIFF'S FEE 3 14.28 0.00 11..28 COST !'WAF TEXAS PARKS & WILDLIFE 2 5.90 1.47 7.37 COST SAF DPS 5 20.00 5.00 .25.00 COST SUBC SUBTITLE C 3 4.29 81.38 85.67 COST TF TECHNOLOGY FUND 10 37.31 0.00 37.31 COST HC TFe '3 B.58 0.00 8.58 COST TIME TIME PAYMENT FEE :5 35.70 35.69 71.39 COST WRNT WARRANT FEE 4 242.79 0.00 242.79 FEES CSRV COLLECTION SERVICE FEE 4 31".70 0.00 311..70 FEES DDC DEFENSIVE DRIVING 1 2.86 0.00 2.86 FEES FFEE FILING FEE 5 35.00 0.00 35.00 FEES INOF INDIGENT FEE 5 0.30 5.70 6.00 FEES JPAY DISTRICT JUDGE PAY RAISE 8 4.38 24.76 29.14 FEES SFEE sERVICE FEE 4 150.00 0.00 150.00 FINE OPSF Of'S FTA FINE 1 290.00 0.00 290.00 FINE FINE FINE 9 1,024.00 0,00 1,024.00 FINE WSF WATER SAFETY FINE 2 29.70 168.30 198.00 Repon Totals 18 2,336.22 755.08 3,091.30 1::11:11 11M Ll::ll::lb 1::14::::b :::b1~~:::/ljb::: CALHOUN JPl PAGE 135/137 ., 08/03/2006 Money Distribution Report Page 5 Justice of the Peece, Pct. 1 July 2006 ~__~.._~_____.______.~~__..._____.~~____..___..._____._~___.._____.._____.~____..____w.._____._~___A.._____.____a...----...-----.-.. DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS RESTITUTION OTHER TOTAL 00/00/0000 Cash & Checks Collected 0.00 0.00 0.00 0,00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0,00 0.00 0.00 0,00 0,00 Credit Cards & Tr~nsfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Totdl of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/01/1991 Cash & Checks collected 0.00 0,00 0,00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0,00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0,00 O.QO 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/01/1993 Cash & Checks Collected 0.00 0.00 0.00 0.00 0,00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 credit cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/01/1995 cash & Checks Coll~cted 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Corom S~rvice 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/0111997 Cash & Check~ collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Cr~dits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/01/1999 Cash & Checks Collected 0.00 0.00 0,00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cords & Transfer~ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all CollectIons 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/01/2001 Cash & Checks Coll~cted 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credfts & comm service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cr~dlt Csrds & Transfer~ 0.00 0.00 0,00 0.00 0,00 0.00 0.00 Total of oll Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/01/2003 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 JaiL Credit~ & Camm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 01/01/2004 Cosh & Checks collected 900.00 658.00 456.70 0.00 0.00 0.00 2,014.70 Jail Credits & comm Service 612.00 383.60 81.00 0.00 0.00 0.00 1,076.60 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Col1ections 1,512.00 1 ,041 .60 537.70 0.00 0.00 0.00 3,091.30 TOTALS Cash & Checks Collect~d 900.00 658.00 456.70 0.00 0.00 C1.00 2,011..70 Jail Credits & Comm Service 612.00 383.60 81. 00 0.00 0.00 171. 00 1,076.60 credit Cards & Transfers 0.00 0.00 0.00 0.00 0,00 Gl.OO 0.00 Total of all collections 1,512.00 1,041.60 537.70 0.00 0.00 0.00 3,091.30 tJOI .LI:.N LtJtJO . t:J'-/;.::ID .::ID.L::I::I.::I{t:Jo.::l (..;ALHUUN .Jt-'l t-'Aljl:. I::lb/f:l7 , .' 08/03/2006 Mon~y Distribution Report Justice of .the Peace, Pct. 1 July 2006 Pase 6 .__.__..._"___.a_____~.~_____.R___._._____.._._M..____...----...----..----~."---...---....--.~-..-----..-.--~.~----...---..~----.---- DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS RESTITUTION OTHER TOTAL St~te of Texas QUJrterly Reporting Totals Description Count CoL lected Retained Disbursed State comptroller Cost and Fees Report SectIon I: Raport for Offenses committed 01-01-04 roriolard 09-01-01 12-31-03 09-01-99 - 08-31-01 09-01-97 - 08-31-99 09-01-95 08-31-97 09-01-91 - 08-31-95 Ba; l Bonds Fee DNA Testing Fe~s EMS Trauma Fund (EMS) Juvenile Probation Diversion Fees Jury Reimbursem~nt Fee State Traffic Fees Total Due For This Period 11 218.96 21. 90 197.06 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0_00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 4 10.1.2 0.00 10.42 2 60.00 3.00 57.00 2 10.00 8.00 2.00 :;; 90.00 29.70 60.30 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 2 50.00 25.00 25.00 0 0.00 0.00 0.00 5 17.14 2.57 14.57 29 456.52 90.17 366.35 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 5 6.00 0.30 5.70 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0_00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 5 6.00 0.30 5.70 34 1.62.52 90.47 372.05 Section II: As AppLicabLe St~te Police Officer Fees Failure to Appear/Pay Fees Judicial Fund - Const County Court Judicial Fund - Statutory county Court Motor Carrier W~ight Violations Time Payment Fee Driving Record Fees Judicial support Fees Report Sub TotaL State Comptroller civiL Feee Report CF: Birth Certificate Fees CF: Marriage License Fees CF: Oeclaration of Informal Marriagc CF: Nondisclosure F~es CF: Juror Donations CF: Justice Court Indig FiLing Fees CF: Stat Prob Court Indig Filing Fees CF: Stat prob Court Judie Filing Fees CF: Stat Cnty Court Indig Filing Fees CF: Stat Cnty Court Judie Filing Fees CF: Cnst cnty Court Indig FiLing Fees CF: Cnst Cnty Court Judie Filing Fees CF: Dist Court District & Family Law CF: Dist Court Other DIvorce/Family LaW CF: Dist Court lndig FiLing Fees Report sub Total THE STATE OF Tr:XAS County of Calhoun Before me, the undersigned authority, this day p~rsonalLY'8pp~~red Celestine v. M~ncheca, Justic~ of the PG6Ce PrGcinct 1. Calhoun County, TG~a$, who being duLy sworn, deposes and says thet the above ond foregoing report is true and correct. ~itnesS my hand this _____ day of I A.D. ( ~~/l~/~~~b" ~q:jb jbl:J:Jjf~bj j' 1/ subscribed and s~orn to this day of '- calhoun County, T~xas CALHUUN JI-'l PAGE 87/07 -~( -~( -~~~ ~~.~~ --'u~ -'u..... "-""tUJ.. GHLnUUI'I '--'U r,--, I ::J r'At.::lt. Ij.;i 08110/2006 Money Distribution Report page 2 Judge Nancy PDfl1Yka 1 Calhoun County Pct. S ---------~~~~-------._-~-------~,,~--------~~~-------~~-~--------~-----------~~---------------------~---------~~---------~-------~~-- Receipt Cause/Defendant Code AIrount I Code Asrount Code AIrount Code AIrount I Code AnDunt I Code Amount Total I I I 0372733 06-04-0062 07/2&/2006 JSF 4.00 I TFC 3.00 CCC 40.00 CHS 3.00 I LAF 5.00 I TF 4.00 135.00 RABY. NICHOLAS G JCSF 100 I JPAY 4.00 FINE 41.00 SUBC 30.00 I I Persona 1 ChecK I I I 0372734 05-12-0394 07/25/2006 JSF 4.00 I cce 40.00 eHS 3.00 PWAF 500 I TF 4.00 I JCSF 1.00 130.00 FLORES. RUDY R JPAY 4.00 I \.1St 39.00 CSRV 30.00 I I Cashier's ChecK I I I 0372735 06-07-01/6 0//25/2006 JSF 3.00 I ece 40.00 CHS 4.00 !'WAF 5.00 I TF 4.00 I JCSf 1.00 120.00 NGUYEN, HOAN VAN JPAY 4.00 I PWF 59.00 I I Per.sona 1 Check I I I UU/~~/4UUG UO.4~ .:lO.L-:JO.:l-L'+O.L ~RLHUUN ~U ~GI ~ I-'Abt. 1:::14 08110/2006 Honey Distribution Report Judge Nancy Pomykal Calhoun county Pct, 5 Page 3 _~~~,~__________~~______~____^~~~________~~~~______,.__~~^^_~W_________~____________~_~__________~^_________--~----------^-----_.~--~ The fo II owi ng total s rl<'present Cd~h dnd ChecKs Collected Type Code DescriPtion Count Retained Disbursed Honey-Totals The following totals represent - Cash and Checks Collected COST ecc CONSOLIDAT[D COURT COSTS 19 7600 664.00 760.00 COST CHS COURTHOUS~ SECURITY 19 64,00 0,00 64,00 COST JCSf' JUSTICE COURT SECURITY FUND 19 19.00 0.00 19.00 COST JPAY ,JUDGE PAY RATS!: FEE 19 11. 40 64.60 76.00 COST JSF JUROR SEHVIC[ FlIND 19 6,90 62.10 69,00 COST LAF SHERrFF'S FEE [) 25,00 0,00 25,00 COST PWAF TEXAS PARKS I!o WILOLIFE 13 52,00 13.00 65,00 COST SAF DPS .J 4,00 100 5,00 COST IF TECHNOLOGY FUND 19 76,00 0.00 76,00 COST TFC rFC 3 9,00 0,00 9,00 COST TIHE TIt>1E PAYMENT FEF 1 12.50 12,50 25,00 FEES CSRV COLL.ECTION SERVICES FEE 2 78.00 0,00 78.00 FEfS DSC DRIVER SAFETY COURSE 09/0b 1 10.00 0,00 1000 FEES FIll FILING FEE ] 1500 0.00 1&.00 fEES IEEE 1NDIGENT FEE 1 2.00 0,00 2.00 FEES SURe SUB TITI r C 3 ~,50 85.50 90.00 FINE FINE FINE 5 195.00 0.00 195.00 FINE PIIF PARKS & WILDLIFE FINE 8 60,30 341.70 402,00 FINE WSF WATER SAFETY HNE 6 58.80 333 20 392.00 Honey lotals 21 779, 40 1. 597 60 2.377.00 The following totals represent - JCli 1 Credi t and COI1IIluni ty servi ce COST CCC CONSOLIDATlD COURT COSTS 0 0,00 000 0.00 COST CHS COUIUHOUSr SECURITY 0 0,00 0.00 0,00 COST JCSF JUSTICE COURT SECURITY FUND 0 0.00 0.00 0.00 COST JPAY JUDGL PAY RAISE FEE 0 0.00 0,00 0,00 COST JSF JUROR SERVICE fUND 0 000 0.00 0.00 COST I AF SHERIFF'S FH 0 0.00 0,00 0.00 COST PilAF TEXAS PARKS & 10/11 DlrFr 0 000 0.00 0,00 COST SAF DPS 0 0.00 000 0.00 COST TF TECHNOLOGY FlINO 0 000 0.00 0.00 COST TrC TFC 0 0.00 0,00 0.00 COST TIME rIME PAYMENT FEE 0 000 0.00 0.00 FEES CSRV COLLECTION SERVJCl:S FEE 0 000 0.00 000 FEES OSC DRIV[R SAFETY COURSE 09/05 0 0.00 0.00 0.00 FEES FILl flUNG F[E 0 000 0.00 000 FEES IFEE INDTGENT FEE 0 0.00 0.00 0.00 FEES SUBC SUB I ITLE C 0 0.00 0.00 0.00 FINE FINE FINE 0 0,00 0.00 0,00 FINE pwr PARKS & WILDLTFE FINE 0 000 0,00 0.00 FINE WSF WATER SAFETY FINE 0 0.00 0.00 0.00 Credit Totals 0 0,00 0.00 000 The following totals represent - Credit Cijrd Payments and Transfers ~ UWI '-:,.J{ .i...ur.JL~' UU.L.L JO.L-:-tO.,:J-LLfO.l vHU1UUI'l VU t-'vl :J r'A\:lt. tl~ .' 0811012006 Money Di stributi on Report Page 11 Judge Nancy PomyKal Calhoun County Pet. :> ___M~~_______J_.~_____..___~_________M______..________~~---------~~~-------. ~--------,~---------------------------------------------- The following totals represent - Credit Card Payments and Transfers Type Code Description Count Retained Di sbursed Money-Totals COST ecc CONSOLIDATED COURT COSTS 0 0,00 0.00 0.00 COST CHS COURTHOUSE SECURITY 0 0.00 0.00 000 COST JCSF JUSTICE COURT SECURITY FUND 0 0.00 0.00 0.00 COST JPAY JUDGE PAY RAISE FEE 0 0,00 0.00 0.00 COST JSF JUROR SERVICE FUND 0 0.00 0,00 0,00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST PWAF T[XAS PARKS & WlLDLIF( 0 0.00 0.00 0.00 COST SM DP::' 0 0.00 000 0.00 COST TF n.crlNOLOGY FUND 0 0,00 0.00 0.00 COST TFe TFC 0 0.00 0,00 0.00 COST TIME TlME PAYMENT FEE 0 0.00 0.00 0..00 FEES CSRV COI.LECTION SERVICES FEE 0 0.00 0.00 0.00 FEES DSC DRIVER SAFETY COURSE 09/05 0 0.00 0.00 0.00 FEES FIll HUNG FEE 0 0.00 0.00 0,00 FEES IFEE INDIGENT FEF 0 000 0.00 0.00 FEES SUBC SUB nTH C 0 0.00 0.00 0.00 HHE FINE FINE 0 0.00 0.00 0.00 FINE PWF PARKS & W] LOLIH rTNE 0 0.00 0,00 0.00 FINE WSF WATER SAFETY FINE 0 0.00 0.00 0.00 Credit Totals 0 0.00 000 0.00 The following tot.als represent - Coml)'i fled Money and Cred i Ls COST CCC CONSOlIDATFD COURI COSTS 19 76.00 6B4.00 760.00 COST CHS COURTI-lOUSE SECURITY 19 64.00 000 64.00 COST Jcsr JUSTICE COURT SECURITY FUND 19 19.00 0.00 19.00 COST JPAY JUDGE PAY RAISE FEE ] 9 11.40 64.60 76.00 COST JSF JUROR SERVICE FUND 19 6,90 62.10 69.00 COST LAF SHERHT" S FEE 5 2b.00 0.00 25.00 COST PWAF TEXAS PARKS & !.III DUFE 13 52.00 i300 65.00 COST SAF DPS 1 4.00 1.00 5.00 COST n TECHNOLOGY FUND 19 76.00 0,00 7600 COST TEC TFC :3 9.00 0.00 9.00 COSl TIME TIME PAYMENT FEE 1 12.50 12.bO 25.00 FEES CSRV COLLECTION SERVICES FEE 2 78.00 000 7B.00 FH.S DSC DRIVER SAFETY COURSE 09/05 1 10,00 0.00 1000 FEES FIll FILING r EE 1 15.00 000 IS.00 FEES IrEE INDIGENT FEE 1 2.00 0.00 2,00 FEfS SURC SUB TJTLE C 3 4.50 85.50 90.00 FINE FINE FINE 5 195.00 0.00 195.00 FINE PWF PARKS & WI LOll FE tlNE B 60.30 341. 70 402.00 FINE IoISF WATER SAFETY FINf 6 5a.80 33320 397.00 Report Totals 21 779.40 1. 597 .60 2 . :J77 00 f I ~ OBIl 0 /2006 ~b(Q~(LDD0 Db:Ll .:ibl-'jti.:i-LQbl CALHUUN CU ~CI ~ Money Distribution Report Judge Nancy Pomykal Calhoun County Pct, 5 PAGE 85 Page 5 __________~__________~___________~__~-------~~________^___--~______.________ww________.._._________-----___._________.~__________~w_ DATE 00/00/0000 09/0:111991 09/01/1993 09/0J/1995 09/01/1997 09/0111999 09/0112001 09/0]/2003 01101/2004 TOTALS PAYMLNT-TYPE Cash & Checks Collected Jail Credits & Comm Service Credit Cards & Transfers Total of all Collections Cash & Checks Collected Ja il Credi ts & ColTJl1 $crv i ce Credit Cards & Transfers Total of all Collections Cash & Checks Collected Jail Credits & COfllTl Service Credit Cards & Transfers Total of all Collections Cash & Checks Collected Jail Credits & COITJl1 Service Credit Cards & Transfers Tota 1 of a 11 Co II eet ions Cash & Checks Collected Jail Credits JJ. Conm Service Credit Cards & Transfers Total of al I Collections Cash & Checks Collected ,)ai' Credi ts & Corrrn Servi ce CredH Cards " Transfers Tota 1 at 1111 Co 11 ect ions Cash & Checks Collected ,Jail Credits & COIlfTl Service Credit Cards & Transfers Total of all Collections Cash & Checb Co 11 rcled ,Jail Credits & C()(IIl1 Service Credit Cards & Transfers Total of all Collections Cash & Checks Collected Jail Credits & COIllJl Service Cred1t Cards & Transfers Total of all Collections Cash & CheckS Collected Jan 'Credits & COI1lll Service Credit Cards & Transfers Total of all Collections FINE-S 0,00 0.00 0.00 0.00 0,00 0,00 0,00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0,00 0,00 000 0,00 0,00 0,00 0.00 0.00 0.00 0,00 0.00 0,00 989.00 000 0.00 999.00 989,00 0.00 0.00 989.00 COURT-COSTS 0,00 0.00 0,00 0,00 0.00 0,00 0,00 000 0.00 0,00 000 0.00 0.00 0,00 0,00 000 000 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 1 , 193,00 0.00 0,00 J., 193. 00 1. 193 00 0.00 000 U9300 FEES 000 0,00 0.00 0.00 0.00 000 0.00 0,00 0.00 000 0,00 0.00 0.00 0.00 0,00 0.00 0.00 000 0,00 0.00 0.00 0,00 0.00 o 00 0,00 0,00 0.00 0,00 000 0,00 0.00 0.00 195 00 0.00 0.00 19500 195,00 0,00 0,00 19$.00 BONDS 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 000 0.00 0,00 0,00 0,00 0,00 0.00 0.00 0.00 000 0,00 0.00 0.00 0,00 0.00 0,00 000 0,00 0.00 0.00 000 0.00 0.00 0.00 0,00 000 0,00 000 0.00 0.00 0.00 0.00 REST ITUTI ON 0.00 0,00 0,00 0,00 0,00 0.00 0.00 0,00 0.00 0.00 0,00 0.00 000 0.00 0.00 0.00 0.00 000 0.00 0,00 0,00 0.00 0.00 0,00 0.00 0.00 0,00 0,00 0.00 0,00 000 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 OlHER 0,00 0.00 0.00 0.00 000 0.00 0.00 0,00 000 0.00 0.00 0.00 0,00 000 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0,00 000 0,00 0.00 o 00 0,00 0.00 0.00 0.00 0,00 TOTAL 0.00 0,00 0,00 0,00 0.00 0.00 0.00 000 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 2,:177,00 0.00 000 2,377 ,00 2,377,00 0,00 0.00 2,377.00 ~~/~~/L~~b ~8:Ll ::Jbl-'383-2451 08/10/2006 CALHOUN CO PCT 5 Honey Distrihution Report Judge Nancy pomyka1 Calhoun County Pet. 5 PAGE 07 Page 6 DATE PAYMENT-TYPE ~-~~--~~,._---~~----~-~------~------~~------~--------------~~-------------~~-----~~~------.-----~~------~------~~-----~~------------ OTHER TOTAL State of Texas Ouart.erly Report i ng Tota 1 s Oescri pti on State Comptroller Cost and Fe0S Report Section 1: Report for Offenses Corrmitted 01-01-04 Forward 09-01-0] - 12-31-03 09-01-99 - 08-31-01 09-01-97 - 08-31-99 09-01-95 - 08-31-97 09-01-91 - 03-31-95 Sail Bonds Fee DNA Test1ng Fees EMS lral.llla Fund (EMS) Juvenne Probation Diversion Fe€s Jury Reimbursement Fee State Traft'j c Fees Section 11: As Applicable State Po lice Offl cer Fees Fai lure to Appear/pay Fees Judicial Fund - Const county Court. Judi ci al Fund - Statutory County Court Motor' Carrier Weight Violations lime raYlrent fee Driving Record ~ee$ Judicial support ~ees Report Sub Total state Comptroller Civil Fees Report CF. 8irth Certificate fees CF:' Harria~e License Fees CF: Declaration of Informal Marriage CF: Nondisclosure Fees CF: Juror Donations CF: Justice Court. Indig Filing I-ees cr: Stat Prob Court Indig Filing Fees u: Stat Prob Court Judi c Fil i ng Fees CF: Stat Cnty Cour'L Indlg Filing Fees CF: stat Cnty Court Judi c F il i rig Fees CF: Crist Cnty Court Ind i 9 Fill ng Fe€s cr: Cnst Cnty Court Jud'j c Fili n9 Fees CF: Dist Court District & Family Law CF: Di st Court Other Oi vorce/Family l. aw CF: Dist Court Indig Filing Fees U: Fami ly Protec;ti on Fee CF: Judicial Support Fee Report Sub Total Tot1l1 Due For This Period FINES COURT-COSTS FEES BONDS RESTITUTION Count Collected Retained Disbursed 19 760.00 76.00 684.00 0 0.00 0.00 0.00 0 0.00 0,00 0,00 0 0.00 0.00 0,00 0 0.00 0.00 0.00 0 0.00 0.00 0,00 0 0.00 0,00 0.00 0 000 0.00 0.00 0 0,00 0,00 0.00 0 0.00 0,00 0.00 19 69.00 690 62.10 3 90.00 4.50 85.bO 14 70.00 56.00 14.00 0 0,00 0,00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0,00 0 0.00 0.00 0.00 1 25.00 12,50 12.50 0 0,00 0.00 0.00 19 76.00 11 .40 64 .60 75 1. 090. 00 167.30 922.70 0 0.00 0.00 0.00 0 0.00 0.00 0,00 0 0.00 0.00 000 0 0.00 0,00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 000 000 0,00 0 000 0.00 0.00 0 0.00 000 0.00 0 0,00 0,00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 000 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 75 1,090.00 16730 922.70 THE STATE OF TEXAS Before Ire. the undersi gned authority. th'i s day County 01" CalnDun county personally appeareu l'IiHJ<.:j P\)luy~",I. Ju~t1ce of 1;he reaC(.~, Precinct No S. Calhoun County, Te><as, who being duly sworn. deposes and says that the above andforE'9oi ng report is true and correct. .i ~~/~jIL~~b ~~:Ll ::Ibl-ji:i::l-L4bl CALHOUN CO PCT 5 PAGE 88 tit ~itness my hand this ~ day of .~ <, LAfi&) / (5 ~~~~~"~~ ~ SllHHARY OF CASH TRANSACTIONS IN FEE ACCOUNT ~.~ p", REMITTANCES (:r~ Iy, loCO') ~ ~ ~ ~ 2.'2.7.8' , 4-U7.8' . Remittance to County Treasurer: Road and Bridge General Fund: Fines Bond Forfeiture General Fund: District Clerk's Fees Sheriff's Fees Jury Fees Law Library Fund: C.J.P.F.: L.E.O.S.: C.V.C.A.: J.P.T.: C.S.: B.A. T.: C.R.F. : Fugitive Appr. Acct.: C.C.C.: Juv. Crime Prev.: Time Pay Fee: Civil Indigent Filing Fee: Abused Children's Fund: C.M.1. : A.J.S.F.: :rlA.I'\L z.oo~ I . .J ~3'+.S'1 .3/ ~ 2. C\ . 00 " , ".3.51 , .3$0.00 z.' 3.3S' (/.70 Interest: FfA. -:rSF :rIt..F :rsF 2.C\.2.B ~7'Z...sg z.. '\ Z. LIH. ...(. IOS.QO 7 S . 00 18s.00 s.&1 ~.gl ~ .'\0 50.00 Z.0.33. TOTAL REMITTANCE TO COUNTY TREASURER: lZ.7\7.l.\-l " Remittance to Others: Out-of-County Sheriff's Fees: State: C.A.R. Fund: '2..\S.OO '00.00 TOTAL REMITTANCE TO OTHERS: BIS.en TOTAL EXPENDITURES: 13 S3z..~l " ENDING BALANCE: V 8'SB. ~7 , TOTAL: 8J3'2..',C' Reconciliation With Cash in Bank: Balance in Checking Account: Outstanding Receipts: Outstanding Checks: Outstanding Criminal Receipts: I' C\C\q,.OO I 2.' 4- . 00 1.1/8S5. C\ I ~ &C\8.1\7 , TOTAL: Q . 3 2.' .0' I Outstanding Checks: t.t::fr 181' G.allowAA( - 3o.co I a.... I~It.3 6rooK.& - "2...00 C. k..... 'Z. 0" ; stt.-t\ eo t' - . SO C.~"''Z.O('IIT6.''''''''l\t(lIJo.-loo.co ~k..+'l.2.5"l. \\&rl\4J.u.- \so.en. I ~k... 'l.'2."7q. . Lu~_- ".00 d:.... 2.~z.G. T.w:.~..^ s~.- '15.00 I Cok..* l.3:S ~ I o.s I\,L$ C6. - SS".oo Co):'" 2.3 3~ . CAu....~ ~ . - ",317.4- t Co~:It- ~337.TA,.r.......+-Q,. - Bo. 00 . ~;t;.~ . PAMELA MARTIN . GROVE DISTRICT CLERK RECEIVED: TOTAL: II) ass ct \ MICHAEL PFEIFER COUNTY JUDGE f ~u..VUL' ,""VUA.'.L.I., ..LJ.:aA..L1u District Clerk's Fees: Certified Copies Criminal Court Civil Court Stenographer Records Management Fund Courthouse Security Fund Civil Indigent Filing Fee Sheriff's Fees: Civil Court Civil Jury Jury Fees: Law Library Fees: C.J.P.F. L.E.O. S.: C.V.C.A.: J.P.T.: C.S.: B.A.T.: C. R. F. : Fugitive Appr. Acct.: C.C.C. : Juv. Crime Prev.: Time Pay Fee: Abused Children's Fund: C.M.1. A.J. S.F.: DISTRICT CLERK SUMMARY OF CASH TRANSACTIONS IN FEE ACCOUNT RECEIPTS & l4ly J Z.OO,) 12.?00 loSS.'\-' 104-1.00 / lOs . 00 ~gA ~p :1 I S z..9 . 'i-' . 2.& 2. . ~"2- 'l.qz.. IlO.Oo oS 4- :s . 00 70.00 ~IS.OO .30.CO z.l.\-s . on z..S".sz. 1'2...7Q FfJA "J'"SF \T~F -:rSF .3Cl.Co I&S.OO IO.SS \0.s8 ~I.ctz.. S'Z.2. .04- 3.0Q ISQ.47 z.q& 35.00 TOTAL FEES: 3 ~ct.3. ~7 / Bond Forfeiture: Fines: Criminal Court ~ 1.\-03.00 , C.A.R. Fund: State: 50S.00 Other Collections: Reimbursable Costs Cot' ...... ~:u *' d~...... 2.3.35" cK.+ u.s 7 55.00 80.00 &0.00 2.IS.OO TOTAL CASH RECEIPTS: INTEREST EARNED: BEGINNING BALANCE: 8 1\". <<\7 I Iq. 01:\ \?' '12.2... q. l , TOTAL RESOURCES: '2...\ 8SB.4-7 J I l5 . ~ · ~~ EXTENSION The Texas A&M University System Calhoun County Extension Office 186 CR 101 (physical) · P.O. Box 86 (mailing) · Port Lavaca, TX 77979 (361) 552-9747 · (361) 552-6727 (fax) · http://calhoun-tx.tamu.edu EXTENSION AGENT AGMTY REPORT TO CALHOUN COUNTY COM'AlSSIONERS' COURT A. Zan Matthies Jr., M.S. County Extension Agent Agriculture / Natural Resources ActMty Report For: Selected Major ActMties Since Last Report Month July 2006 * Denotes Night OR Weekend Activity Date Jul 3 Jul 4 Jul 5 - 7 Jul10 Jul11 Jul12 Jul13 - 14 Jul 15 - 19 Jul 20 Jul 21 Jul 22 - 26 2,224.3 Miles Driven ActMty Report Office Management. Responded to clientele inquiries regarding agriculture, horticulture, natural resources, and 4-H. Communication methods included phone contact, office visits, fax, and email. County Holiday, Extension Office Closed. Sick Leave. Office Management. Responded to clientele inquiries regarding agriculture, horticulture, natural resources, and 4-H. Communication methods included phone contact, office visits, fax, and email. Home Visit (1), Port Lavaca - checked turf problems at the request of a homeowner. Site Visit (2), Port O'Connor - viewed development status of Port O'Connor, met with homeowner to discuss turf problems. Budget Hearing, Commissioners' Court, Port Lavaca. Met with the Calhoun County Commissioners' Court to discuss FY2007 budget requests. Site Visit (1), HWY 87; Project Visit (1 )" Six-Mile; Ranch Visit (1), Six-Mile Area. Discussed aquatic vegetation control with local landscaping business, Check brush infestation of coastal rangeland, checked progress of market swine projects for the Calhoun County Fair. Office Management. Responded to clientele inquiries regarding agriculture, horticulture, natural resources, and 4-H. Communication methods included phone contact, office visits, fax, and email. Texas County Agriculture Agents Association (TCAAA) Annual Conference, Doral Tesoro, Fort Worth, Texas. Attended annual professional development conference sponsored by the professional association. Farm Visit (1), FM 2717. Checked MRB traps established in rice fields. Office Management. Responded to clientele inquiries regarding agriculture, horticulture, natural resources, and 4-H. Communication methods included phone contact, office visits, fax, and email. Farm Visit (1), FM 2541. Checked status of corn test for European Sugarcane Borers. Assisted 4-H Coordinator with preparation for 4-H Achievement Night. Texas State 4-H Horse Show, West Texas Fairgrounds, Abilene, Texas. Attended the state 4-H horse show as superintendent of certain classes and representative of TCE ; / r Date Jul27 Jul28 Jul 31 110 188 149 1 o ActMty Report District 11. Assisted with management of show and other assigned duties. Office Management. Responded to clientele inquiries regarding agriculture, horticulture, natural resources, and 4-H. Communication methods included phone contact, office visits, fax, and email. Emergency Management Conference, Centra Symposium. Attended planning conference to discuss issues for a district wide seminar for elected officials. Office Management. Responded to clientele inquiries regarding agriculture, horticulture, natural resources, and 4-H. Communication methods included phone contact, office visits, fax, and email. Ranch Visit (1), Shannon Road. Met with local hay producer to check curing of hay in relation to the recent rainfall. % Day Sick Leave. Office Visits Phone Calls E-Mail & Correspondence News Releases Continuing Education Units (C.E.U.) o * AG / NR Newsletters 4-H Newsletters Ranch & Farm Visits 4-H Livestock Project Visits Homeowner Visits (Horticulture) 4 1 4 * June 2006 5' July 2006 4-H newsletters combined. Upcoming Events For Date Aug 7 - 9 Aug 11 Aug 17 August 2006 Upcoming Event T AMUS Beef Cattle Shortcourse, College Station, Texas. 4-H Academy, Coastal Bend College, Beeville. AG/NR Program Planning Meeting, Centra Symposium, Calhoun Extension Office. A. Zan atthies Jr, M.S. . County Extension Agent Agriculture / Natural Resources Calhoun County August 7, 2006 Date ~ .' 'f' Texas Cooperative Extension Texas A&M University System Monthly Schedule Of Travel Calhoun County Extension Agent Agriculture / Natural Resources Name: County: A. Zan Matthies Jr., M.S. Calhoun County Title: Month: CEA - Agriculture I Natural Resources July 2006 Date Travel Description les eas o jglng 11- Jul Home Visit (1), Port Lavaca; Site Visit (2), Port O'Connor CT . Site Visit (1), HWY 87; Project Visit (1), Six-Mile Area; Ranch 12- Jul Visit (1), Six-Mile Area 23.9 Texas County Agriculture Agents Association Annual 1 5-Jul to 19-Jul Professional Development Conference, Fort Worth, Texas 1,078.4 $146.30 $37496 20- Jul Farm Visit (1), FM 2717; Project Visit (1), Hackberry Bend CT Farm Visit (1), FM 2541 i Traveled to Victoria for 4-H 21- Jul Achieivement Night preparation. CT Texas State 4-H Horse Show, West Texas Fairgrounds, 22-Jul to 26-Jul Abilene, Texas 1,115.3 $143.00 $000 28-Jul Routine Office Travel, Port Lavaca Area 6.7 31- Jul Ranch Visit (1), Shannon Road CT TOTAl 2,224.3 $289.30 $374.96 M'I MI L d . .. CT Denotes Use of County Vehicle .. County Truck Usage Summary Beginning Miles 23,247 Ending Miles 24,606 Usage 1,359 Other Expenses (Listed) Cost i TOTAL' $0.00 I hereby certify that this is a true and correct report of travel (mileage) and other expenses incurred by me in performance of my official duties for the m 7wn. - ~>4J 7 -Aug-06 Date 't Monthly Output July 2006 A Zan Matthies Jr., M.S. County Extension Agent - AgriculturelNatural Resources Calhoun County 'J Correspondence (0) ~ Mailed out Agent Activity report to County Commissioners, County Judge, and District 6 Extension Administrator on 7/5/06. o Mailed out Bauer Exhibit Rental paperwork to Southeast Land Partners on 7/14/06. 1 (!J Mailed out Calhoun County Youth Supporter letter to Business Owners about Fair on 100 7/21/06. Faxes ('8') '8' Faxed out Travel Request to Darrell Dromgoole for Zan Matthies on 7/12/06. '8' Faxed out information to Treasurer's Office for a PO on 7/21/06. 1 1 1 '8' Faxed out part-time secretary salary raise request to Rhonda Kokena on 7/28/06. News Releases (0) o Summertime lawn care publication released in the Port Lavaca Wave on 7/26/06. Newsletters (J1..:u) .J1-J] 4-H Newsletter .1bJ Inside Extension Volunteer Newsletter Office Conferences Dates: 7/21/06 Facility Management (Dates Rented to General Public) 7/1/06i 7/8/06) 7/1 5/06i 7/22/06i 7/29/06 ACCOUNTS ALLOWED - COUNTY: Claims totaling $4,294,398.33 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Judge Pfeifer that said claims be approved for payment. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - HOSPITAL: Claims totaling $1,980,222.02 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Judge Pfeifer that said claims be approved for payment. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - INDIGENT HEAL THCARE: Claims totaling $116,335.38 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Judge Pfeifer that said claims be approved for payment. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. ISSUES RELATING TO THE NEW JAIL CONSTRUCTION PROJECT: Commissioner Balajka reported that the County Attorney has sent a second correspondence letter to Krueger's Attorney and the Sub Contractors are contacting the County for their money and all the County can do is refer them to Krueger. Krueger Construction hired the sub contractors so there fore they have to pay them. ISSUES RELATING TO THE CALHOUN COUNTY COURTHOUSE RENOVATIONS PROJECT: Judge pfeifer reported that Mark Dieringer with E-911 will be purchasing new equipment for 911 and will have it installed in the Courthouse. The projected date for the move will be first or second week of December if not it will be the first of January. BUDGET ADJUSTMENTS: A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that the following Budget Adjustments be approved as presented. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. Adjourn and return at 1:30 p.m. ~--.,-...... ~ :t:- :. :t:- :. ~ CD CE == ~ CE == ~ CE c. mE m m ~ II; m mE --J m mil; m mE :J ~ CD "E Z ~ "aE Z ~ "aE IJJ mww~ wm~~ c. ~~t';..... CI ..".m.."...... 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'~~ ~11 ~= ~ ~ Iz~ .... ~ z= Ja ~ 0 0 ~ 0= N N O~ c:: ~ ~ - In ~ b 0 O- n _ 0 0 0 ~"' Co) Co) c..>"' U)= .tI. 0 0 0 ..a.~ <0 CD <0 " U)= I ' 5 I U)~ 0'1 Ail Ail .... ~ ~ "'\J .... ! ! Q) II> .tI. (Q ~..... CD - .... ~ - - ~. ~ 0 0 ~ "' 0 0 ~ "' !l C) 0 0 0 0 0 0 .... ~ ~5i!!a !C":IZ ..-. 0 0 ~ -Ii 0 N N I\) N b 0 a b ~ ~ Co) Co) c..> t!I Co) C) C) CD CD <0 ~ - ::J: m )II ::0 - Z a c~ ~= !!I:I: ;1:1: c - ""l~ Ul ~ Q. - D) = ~Z :t:-,." c = cg~ Ul ..... ..~ ~= .. = N= g.... en= = = a-:t ,." .... ;> :t:-:I: ::2,." zZ a= ~:I: ~,." !!IZ ::0.... m> a-,::, c-,::, ~= ::0= c: OJ> c.... c.... a- m~ ~ .... -< m :t:- ::0 .. N o o en I AUTHORIZE COMMISSIONER PRECINCT #3 TO APPLY FOR GRANTS FOR IMPROVEMENTS FOR PORT ALTO BEACH ANDloLlVIA HATERlUS PARK: A Motion was made by Commissioner Balajka and sJconded by Judge Pfeifer to authorize Commissioner Fritsch to apply for grants for improvJments for Port Alto Beach and Olivia Haterius Park. Commissioners Galvan, Balajka, Frits1ch, Finster and Judge Pfeifer all voted in I favor. i POSSIBLE GRANT FUNDING FROM THE GENERAL LAND OFFICE FOR COASTAL IMPROVEMENT ASSISTANCE PROGRAM: i , i Dr. Bill Harvey and Mr. Zan Matthies from the Exten$ion Service gave a report regarding the possible Grant Funding from the General Land Office for Coastal Improvement Assistance Program. They have a committee together of Bill H~rvey, Judge Pfeifer, Westside Navigation District, The Port, Mayor of Seadrift, Mayor of Point ~omfort and Mayor of Port Lavaca and this committee will be meeting next week. I I Court adjourned at 2:20 p.m.