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2010-11-22 .,'1" Regular November Term Held November 22, 2010 COUNTY OF CALHOUN ~ ~ ~ THE STATE OF TEXAS BE IT REMEMBERED, that on this 22nd day of November, A.D., 2010 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 a.m., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to-wit: Michael J. Pfeifer Roger C. Galvan Vern Lyssy Neil E. Fritsch Kenneth W. Finster Wendy Marvin County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 DeputY County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation, Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. APPROVE MINUTES OF NOVEMBER 4, 2010 MEETINGS: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve minutes of November 4, 2010 meeting. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. REQUEST FROM COUNTY COURT AT LAW JUDGE HERNANDEZ FOR DWI COURT: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to authorize County Court-at-Law #1 Judge Alex Hernandez to proceed with the DWI Court for Calhoun County. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ,~ ALEX R. HERNANDEZ PRESIDING JUDGE CALHOUN COUNTY COURT AT LAW 211 S. ANN STREET PORT LA V ACA · TEXAS 77979 (361) 553-4640 MEMO DATE: TO: FROM: SUBJECT: November 16, 2010 Commissioners' Court Judge Alex R. Hernandez AGENDA November 22, 2010 Dear Judge and Commissioners: I am proposing that Commissioners' Court set up a DWI Court. During the last few weeks and months, a DWI court team has prepared the attached Policy and Procedures Manual for the Calhoun County DWI Court. This is a program supported by the Sheriffs Department, Police Department, District Attorney, Probation Department and the Court. This program would provide intensive supervision for people with DWIs and drug problems, those who would actually like to beat an addiction, people who normally have a family and jobs who are in jeopardy of losing them, people who are usually productive members of our community who can use the help. No one will qualifY for the program if he is a habitual criminal. In short, those who start the DWI court must be good candidates for the program. The DWI team already consists of people you may have seen in the paper, including: Mike Kovarek, Sheriff's Department; Joshua Smith, Police Department; Rusty Henderson, District Attorney's office; Toi Dowell, Court at Law court coordinator; Chris Wall of Roberts, Roberts, Odefey & Witte; Manuel Pena and Jeannine Calliham, Probation Department; and Frankie White of Billy T. Cattan. I am asking that the Commissioners' Court approve the DWI Court and the Policy and Procedures Manual. The Court will be funded by fees that normally go to the State. Chapter 469 of the Health and Safety Code gives the Commissioners' Court the authority to establish the program. Article 102.0178 of the Code of Criminal Procedure authorizes a court cost fee of $60.00 on conviction for DWIs and for crimes dealing with controlled substances. With a DWI court, as much as 60 percent of the money that goes to the State will stay in the County; 10 percent as a service fee and 50 percent used exclusively for the development and maintenance of the drug court program, provided that the custodian of the county treasury follows the requirement of Art. 102.0178. Page 1 of2 There are over 500 DWl courts across the country with the goal of targeting repeat drunk drivers and where accountability is critical and brought to bear by specially trained court professionals. DWl courts employ strategies of close supervision, frequent alcohol and other drug testing, and ongoing judicial interaction to integrate alcohol and drug treatment. DWl courts are supported by Mothers Against Drunk Driving (MADD), the International Association of Chiefs of Police, the National Sheriffs' Association, the National District Attorneys' Association, and the National Center for DWl Courts. Enclosures XC: Mike Kovarek Rusty Henderson Chris Wall Jeannine Calliham ManuelPena Frankie White Joshua Smith Page 2 of2 J Policy and Procedures Calhoun County I I I OWl Court Calhoun County, Texas I. Mission Statement.................................................................................................................... 3 II. Introduction... ................................................ ....................................................)...................... 3 III. Goals.. .......... ................................................................................................. .......................4 IV. The Ten Key Components of OWl Courts.............. ................... .................... ............................5 V. Duties and Responsibilities of the OWl Court Team Members..................................................5 OWl Court Judge Duties and Responsibilities........................................................................... 5 OWl Court Program Director - 24th Judicial District Community Supervision and Corrections Department Responsibilities.................................................................................. 5 Assistant District Attorneys Duties and Responsibilities..... ... ...................... .... ........... ...............6 OWl Court Defense Attorney Duties and Responsibilities......................................................... 6 OWl Court Community Supervision Officer's Duties and Responsibilities................................. 6 Treatment Provider Duties and Responsibilities.. ..................... ................ .......... ................... ...7 Law Enforcement Officer Duties and Responsibilities...............................................................7 VI. Calhoun County OWl Court Process........................................................................................ 8 VII. Referrals for the Calhoun County OWl Court Program .................................:........................... 9 VIII. Screening for Eligibility............................ .... ............... ........................... .................... ......... ......9 Legal Criteria...................................................... ~..................................................................... 9 Substance Dependency Criteria............................................................................................. 10 IX. Acceptance into OWl Court .................................................................................................... 11 X. Condition Requiring OWl Court.............................................;................................................ 11 XI. Enrollment in the OWl Court Program.....................................................................................11 XII. OWl Court Team Staffing Meetings... -.................................................................................... 12 XIII. OWl Court Hearings............................................................................................................... 12 XlV. OWl Court Case Management................................................................................................ 12 XV. Audits and File Reviews......................................................................................................... 13 XVI. Selection of OWl Court Community Supervision Officers........................................................ 13 XVII. Drug Testing........................................................................................................................... 13 XVIII. OWl Court Phases............................................. ."......... ........................................................... 13 Phase I................................................................................................................................. .. 13 Court and Treatment Expectations.................................................................................. 14 E I V. I . . . .. .. . .. .. . .. .. .. . .. . . ... 14 xamp e 10 atlons ................................................................................ Sanctions I Treatment Responses.................................................................................. 14 Rewards........................................................................................................................ .15 Phase II.................................................................................................................................. 15 ". . 15 Court and Treatment Expectations.................................................................................. Example Violations......................................................................................................... 15 Sanctions I Treatment Responses ..................................................................................16 Rewards........................................................................................................................ . 16 Phase III.....:........................................................................................................................... 16 " " ." 16 Court and Treatment Expectations.................................................................................. Example Violations ............................................ 17 Sanctions I Treatm~~t 'R~~p~~~~~'::::::::::::::::::::::::::::::::::::::............................................ ~ ~ Rewards........................................................................................................................ . XIX. OWl Court Prog~am Evaluation.............................................................................................. 18 Appendix 1: OWl Court Referral Request Form.................................................................................. 19 Appendix 2' OWl Court Eligibility Form .. ..................................... 20 Appendix 3: OWl Court Referrallnform~ti~'~'::::::::::::::::::::: ::::::::::::::::::::::::..::.............:.............;......... 21 Appendix 4: Consent Form for Disclosure, Communication, and Release of InformatIon ...................2~ Appendix 5: Request for Movement to Phase II ................................................................................. 2 Appendix 6: Request for Movement to Phase III .......................................:........................................ 26 Append'lx 7' Request for Graduat'lon .. ..................................27 . ............................................................. . 2 CALHOUN COUNTY OWl COURT POLICIES AND PROCEDURES I. Mission Statement The mission of the Calhoun County DWI Court program is to increase traffic safety by establishing an intensive and comprehensive judicially supervised approach for the rehabilitation of offenders convicted of Driving While Intoxicated that will reduce the number of repeat offenders. Thereby making Calhoun County a safer community. II. Introduction The Calhoun County DWI Court is an initiative of the National Center for OWl Courts and the National Highway Traffic Safety Administration, U.S. Department of Transportation with the local cooperation of County Court-at-Law #1, Commissioner's Court, Criminal District Attorney, Sheriff's Department, Port Lavaca Police Department, the 24th Judicial District Community Supervision and Corrections Department and in cooperation of other agencies. It is a twelve month or longer program that integrates local criminal justice resources, case management, and substance abuse treatment to rehabilitate targeted repeat OWl and misdemeanor drug possession offenders in lieu of incarceration. The OWl Court Team consists of an assigned judge, prosecutor from the District Attorney's Office, a defense attorney, representatives of the community supervision and corrections department, treatment providers, and law enforcement officers. The team works together for the common goal of helping partiCipants recover from substance dependency. As a result, many of the participating agencies must rethink their traditional roles and redefine their definitions of a successful case outcome. It is through this team effort that maximum benefits will accrue for substance dependent offenders. The DWI Court is a post-adjudication program that primarily serves repeat DWI offenders or misdemeanor drug possession. Offenders already under supervision that violate the terms of their supervision may be admitted to the program. Offenders who are accepted for participation by the DWI Court Team will be court-ordered by the sentencing judge into the program via a probation condition. Thereafter, the DWI Court Team will provide intense supervision, treatment, evaluation, and frequent judicial review of the offenders. The assigned DWI Court judge will impose sanctions for program violations, which may include modification of the conditions of supervision, and will grant praise and other rewards for program compliance. Violations of the conditions that occur during the program are sanctioned immediately, and those violations that have resulted in sanctions are not used in any subsequent revocation proceedings that might occur. Honesty among participants is rewarded, and court responses are reduced for honest admissions of violations, while they are increased for dishonesty. Relapse is a common behavior for individuals in treatment; especially early in treatment, and to the extent possible, the response to relapses will bean increase in treatment. Discharge from the DWI Court Program will be the final step. The DWI Court focuses on: (1) compliance with court-ordered conditions of community supervision, (2) the verified maintenance of abstinence I sobriety, (3) participation in and completion of intensive outpatient and relapse prevention counseling, (4) the development and maintenance of daily living skills and behaviors which promote lifelong abstinence I sobriety and productive service as a member of the community, and (5) regularly scheduled court hearings to apprise the judge of individual offender progress, compliance, or non-compliance while participating in the program, with appropriate rewards or sanctions used in response to demonstrated behaviors. This program follows the ten key components for Drug Courts as recommended by the National Association of Drug Court Professionals Drug Courts Standards Committee, and is in compliance with stipulations set forth by 3 the Texas Department of Criminal Justice - Community Justice Assistance Division (TOCJ-CJAO). III. Goals The goals of the Calhoun County OWl Court are: · Enhance public safety; · Eliminate participant substance use; · Reduce recidivism; · Establish a stable funding base for OWl Court; · Promote community awareness and involvement in OWl Court; · Increase communication and collaboration among agencies involved in the court; and, · Evaluate the OWl Court. IV. The Ten Key Components of OWl Courts The ten key components of OWl Courts, as described by the U.S. Department of Justice in Defining OWl Courts: The Key Components (1997): 1. "OWl Courts integrate alcohol and other drug treatment services with justice system case processing." >- Offenders are placed into the program as a condition of community supervision, and are court-ordered to participate in treatment as recommended by the OWl Court Team. 2. "Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights." >- Calhoun County District Attorneys and the OWl Court Defense Attorney work collaboratively with other team members to consider individual participant eligibility, to consider and recommend to the Judge the dispensation of incentives or sanctions as appropriate during weekly participants' case staffings, and to endorse graduation or termination from the program based upon participants' demonstrated performance and achievement. 3. "Eligible participants are identified early and promptly placed in the OWl Court program." >- A process that solicits referrals and then expeditiously screens potential candidates' criminal history, assesses their degree of substance dependency, and requests modification of the conditions or an initial condition of community supervision requiring OWl Court ensures that eligible participants are placed in the program in an accelerated manner. 4. "OWl Courts provide access to a continuum of alcohol, drug, and related treatment. and rehabilitation services." >- Participants in OWl Court will be required to complete a phased substance treatment program which may include detoxification, inpatient, residential, intensive outpatient, and supportive outpatient treatment, and aftercare and 12-step program attendance, based on an individualized treatment plan that will also address other issues that are contributing to a substance-dependent life or are the result of it. 4 5. "Abstinence is monitored by frequent alcohol and other drug testing." >- The DWICourt community supervision officer and/or the treatment provider will conduct frequent random alcohol and drug testing to verify abstinence. ' 6. "A coordinated strategy governs OWl Court responses to participants' compliance." >- The OWl Court Team meets frequently to review individual participant progress and endorse the dispensation by the Judge of appropriate level incentives for sustained accomplishment or the use of appropriate level sanctions for program non-compliance. 7. "Ongoing judicial interaction with each DWI Court participant is essential." > Participants in the Calhoun County OWl Court Program are required to attend court hearings for progress review every other week or monthly, depending on their progress and phase completion. 8. "Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. " >- An evaluation component has been built into DWI Court. A management information system will be developed to facilitate the evaluation. 9. "Continuing interdisciplinary education promotes effective OWl Court planning, implementation, and operations." >- Training among OWl Court partners will be ongoing. 10. "Forging partnerships among DWI Courts, public agencies, and community-based organizations generates local support and enhances DWI Court effectiveness." >- Partnerships are already developed with local treatment providers, educational entities, and community volunteer agencies. v. Duties and Responsibilities of the OWl Court Team Members OWl Court Judge Duties and Responsibilities · Presiding over frequent court sessions, which allows the judge to motivate and monitor participants, and insures that all participants benefit by observation of others as they progress or fail to progress in treatment, with the judge taking appropriate action. · As recommended by the OWl Court Team, approving participant admission. · Maintaining a therapeutic relationship and fostering a non-adversarial atmosphere with the participants in the program. · Being available for quick action on each DWI Court case. · Participating in OWl Court team meetings. · Developing resources to support the function of the OWl Court. · Serving as a program advocate and representing the program in the community, before government, criminal justice agencies; and other public forums. · Coordinating ongoing training among the disciplines represented on the DWI Court Team as well as in the community with other stakeholders, referral sources, and interested community members. 5 Assistant District Attorney's Duties and Responsibilities · Representing the State of Texas in all OWl Court sessions as advocates for public safety. · Conducting initial OWl Court screening to determine if the candidate meets the legal criteria for participation in the OWl Court program, to include qualification of the instant offense, review of criminal history, and conduct as liaison with law enforcement agencies and community supervision officers to solicit information which may qualify / disqualify an applicant. · Filing court documents as required. · Participating in OWl Court team meetings to provide input on referrals and discuss recommendations for sanctions and incentives. · Serving as a program advocate to the community and peers, and providing training as needed. OWl Court Defense Attorney Duties and Responsibilities · Actively participating in team meetings to staff cases, provide input on referrals, and discuss recommendations for sanctions and incentives. · Appearing in court during OWl Court sessions, and ensuring the protection of the participants' rights. · Reviewing treatment and supervision reports. · Maintaining a therapeutic relationship with the participant and assisting in maintaining a non-adversarial environment in court. · Serving as a program advocate to the community and peers. OWl Court Community Supervision Officers.Duties and Responsibilities · Screening and monitoring offenders currently on community supervision for eligibility as participants in the program. · Referring potential candidates to the prosecutors and the OWl Court coordinator for screening. · Within ten days of case load placement, ensuring that the proper procedures were followed in screening and assessing appropriateness of the offender for program placement. · Participating in regularly scheduled OWl Court team meetings to staff progress reports, discuss new referrals, and provide input on recommendations for sanctions and incentives as necessary. · Monitoring compliance and progress by making contact with participants in accordance with TDCJ-CJAD Standards and Special Grant Conditions for OWl Courts. · Completing the TDCJ-CJAD Case Classification instrument and a supervision plan that addresses the participant's criminogenic needs within 15 days of placement in the program. · Ensuring that a Strategies for Case Supervision (SCS) assessment is completed on high risk / high need offenders in accordance with TDCJ-CJAD Standards and Departmental policies and procedures. · Documenting that the supervision of the participant in the program addresses the participant's criminogenic needs. · Collecting court-ordered financial obligations. · Conducting random alcohol and drug screening in accordance with the supervision and treatment plans. · Working collaboratively with treatment providers to monitor recovery and relapse issues, which along with technical violations, will be staffed with the OWl Court Team prior to termination from the OWl Court program. · Referring participants assessed with more serious substance use problems to inpatient 6 treatment, as staffed with the DWI Court team. · Working collaboratively with community agencies to develop and implement referral sources for participant wellness. · Conducting regular, at least monthly, contact with treatment providers, family members, . and referral sources. .. Preparing documents for the Judge's consideration upon discovery of the participant's violation of conditions. · Performing all duties of community supervision officers, per TDCJ-CJAD Standards and CSCD departmental policies. · Reinforcing cognitive behavioral techniques learned in treatment. · Obtaining professional skill-based training as required by TDCJ-CJAD and the Department each year or biennium. · Attending, as part of the required skill based-training, training that focuses on substance use and dependency issues and education dealing with the concept of addiction, the recovery process, relapse prevention, family systems, and the acquisition and maintenance of life skills requisite to sustain sobriety. · Providing training to other DWI Court partners. Treatment Provider Duties and Responsibilities · Providing treatment services along a continuum of care as determined through the development of a treatment plan for individuals participating in the DWI Court program. · Attending regularly scheduled DWI Court team meetings and DWI Court sessions. · Maintaining for each treatment client confidential case management documentation including, but not limited to: initial assessment and treatment plan, progress notes, services provided and attendance records. · Continually updating the DWI Court team as to progress in treatment for individual participants through the regular submission of written progress reports. · Making recommendations for additional services as necessary. · Identifying timeframes for assessment and reassessment of individual participant treatment plans. · Providing training for DWI Court team members on the assessment basis of substance use, the impact of treatment on the participant, and the potential for relapse. · Addressing therapeutic responses in DWI Court team meetings. · Serving as advocates for continuum of care beyond the treatment continuum to include other community-based services. · Maintaining agency licensure and individual counselor certification by the State of Texas. law Enforcement Officer Duties and Responsibilities · Actively participating in team meetings. · Conveying any information gained about the participants through law enforcement contacts to the participants' supervision officer and the DWI Court team. · Assisting the 24th Judicial District Community Supervision and Corrections Department in monitoring participants' compliance with the DWI Court program. · Serving as a program advocate to the community and peers. 7 VI. Calhoun County OWl Court Process 8 VII. Referrals for the Calhoun County OWl Court Program The primary target population for OWl Court is repeat offenders charged with OWl or misdemeanor drug possession. Offenders who might have difficulty serving a traditional probated sentence because of their level of substance dependence may also be identified during the pre-trial phase by magistrates, prosecutors, defense attorneys, judges, and community supervision officers and referred to the OWl Court Team to determine acceptability for the program. VIII. Screening for Eligibility Legal criteria for entry into the Calhoun County OWl Court Program will be approved by the Calhoun County Oistrict Attorney's Office. Prosecutors will examine the offender's criminal history and the instant offense report, and may solicit additional information as needed regarding proclivity toward criminal/drug-related activity and regarding violent offenses or gang association. The OWl Court Coordinator, Treatment Provider, and OWl Court Community Supervision Officer will determine dependency criteria for the program. Legal Criteria Legal or offense criteria that qualify offenders for OWl Court are as follows: · Must be at least 17 years of age; · Must reside in the 24th Judicial District. · Should not have holds or warrants from other jurisdictions or have other pending cases, although these offenders may be considered for placement in the program on a case-by- case basis; . · Must be physically and mentally capable of participating in the program and meeting its requirements. This requirement will not preclude participation by most dually-diagnosed offenders; rather, those conditions will be accommodated as long as the participant can participate in program requirements; and, · Must be sentenced to at least a one-year sentence, or be eligible for an extension of the term of community supervision so that at least one year will remain upon OWl Court placement. Legal or offense criteria that disqualify offenders from placement in OWl Court: · Violent offenders. Violent offenders are defined as individuals who are (1) charged with or convicted of an offense during the course of which the person carried, possessed, or used a firearm or another dangerous weapon, there occurred the use of force against the person of another, or there occurred the death of, or serious bodily injury to, any person, without regard to whether any of the circumstances described above is an element of the offense or conduct of which or for which the person is charged or convicted; and/or (2) has one or more prior convictions of a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. In addition, offenders committing sexually-based offenses, whether overtly violent or not will not be considered for OWl Court; I · Offenders with a prior history of stalking or violation of a protective order charge, although exceptions may be made on a case-by-case basis; · Offenders with a significant history of drug dealing, as determined by prosecutors; · Offenders whose offenses involved the possession of large amounts of drugs that appear to have been possessed with the intent to deliver; 9 · Offenders with a history of committing multiple burglary of a habitation offenses which potentially could have led to the harm of residents; · Offenders who are considered to have poor potential to complete the OWl Court program due to contributing factors that make them a high risk to re-offend or relapse; including, but not limited to, in proximity to gang activity, ongoing criminal behavior by family members, or suspected drug trafficking; · Offenders with a hold from the Immigration and Naturalization Service; Substance Dependency Criteria This program is designed to focus on offenders who have been assessed as having a substance dependence disorder, with the dependency identified as the driving force in the individual's criminal activity. A substance dependence disorder, as defined by the Diagnostic and Statistical Manual of Mental Disorders (Fourth Edition - DSM IV) or as revised, is "... a maladaptive pattern of substance use, leading to clinically significant impairment or distress, as manifested by three or more of the following, occurring at any time in the same 12 month period" 1. Tolerance, as defined by either of the following: (1) A need for markedly increased amounts of the substance to achieve intoxication or desired effect, or (2) Markedly diminished effect with continued use of the same amount of the substance. 2. Withdrawal, as manifested by either of the following: (1) The characteristic withdrawal syndrome of a specific substance, or (2) The same (or closely related) substance is taken to relieve or avoid withdrawal symptoms. 3. The substance is taken in larger amounts or over a longer period than was intended. 4. There is a persistent desire' or unsuccessful effort to cut down or control substance abuse. 5. A great deal of time is spent in activities necessary to obtain the substance, use the substance, or recover from its effects. 6. Important social, occupational, or recreational activities are given up or reduced because of substance use. 7. The substance use is continued despite knowledge of having a persistent or recurrent physical or psychological problem that is likely to have been caused or exacerbated by the substance." If an offender is considered eligible by the legal criteria for this program, their history will be reviewed to determine if a substance dependency diagnosis exists. If so, the substance dependency requirement for DWI Court participation will have been met. If not, the offender may / will undergo a substance dependency screening utilizing a validated screening instrument. If this initial screening does not indicate substance dependency, the offender will be considered ineligible for placement in the program. If the initial screening detects potential substance dependency, or if a screening is not done but it is apparent from records that a severe problem exists, an appointment for a more comprehensive substance abuse assessment will be scheduled. A licensed chemical dependency counselor, either the Community Supervision Officer or other counselor, conducts this assessment, which consists of an in-depth face-to-face interview with the counselor, utilizing a comprehensive assessment instrument. The assessment will include an alcohol 10 and drug use history, a psychosocial evaluation, and referral for a medical examination, if necessary. The results of the substance dependency screening and/or assessment, along with the offender's criminal history screening by the prosecutors, will determine appropriateness for placement in the OWl Court program. IX. Acceptance into OWl Court Once an offender has been screened for legal and substance dependency criteria and is determined eligible for the program, the OWl Court Team, in a regularly scheduled team meeting, determines whether to accept the potential candidate, based on space availability and a final review of the criteria for placement. If rejected, a selected member of the team notifies the referral source. If accepted and the person is currently serving a sentence of community supervision, a modification order is prepared for consideration by the judge of the court of jurisdiction. If the potential candidate is to be sentenced to community supervision, the assigned prosecutor or court liaison officer makes a proposal at sentencing that the OWl Court condition, and any other conditions necessary for the participant's rehabilitation, be imposed. _, X. Condition Requiring OWl Court 1. The standard conditions of supervision are imposed upon OWl Court participants, as well as the following condition that orders a probationer into OWl Court: · Participate and cooperate in the Calhoun County OWl Court Program. The defendant shall authorize the CSCO and the OWl Court Team to receive reports concerning the treatment and progress and shall comply with all rules, regulations and treatment programs until successfully discharged or until further order of the Court. 2. In addition, as deemed appropriate and necessary in individual cases by the OWl Court Team, the following conditions, if they are not already imposed, may be requested of the sentencing judge: · Participate in and pay the costs of the treatment, and do not attempt to terminate said treatment without the written consent of the treatment team in charge of your case. The community supervision officer is authorized to share the contents of the pre-sentence report in this case with the service provider; XI. Enrollment in the OWl Court Program Once the conditions have been modified' or the initial OWl Court condition imposed, the following occurs: · The modification order or initial conditions of supervision are read and explained to the participant by a community supervision officer. The conditions are signed and an appointment is set with a OWl Court community supervision officer. · At that appointment, the officer advises the participant of the first OWl Court date, explains Phase I requirements, and has the offender sign the Agreement of Participation as found in Appendix 5. The participant is then given a Participant Handbook, and the officer makes any necessary treatment arrangements, and begins assessment of the offender to determine case management strategies. · The offender appears at the next available OWl Court hearing, where the assigned OWl Court judge reviews the offender's progress and provides information on subsequent court dates. 11 XII. OWl Court Team Staffing Meetings · The DWI Court Team will hold regularly scheduled meetings, no more than 48 hours prior to the next hearing, to staff the progress of participants enrolled in the program. · The OWl Court Program Director and supervision officer ensure that information on each defendant's progress is provided to the team at the beginning of the meeting. · The community supervision officer - provides insight on compliance issues as well as family/home life, employment, and participants' personal issues. The treatment provider provides insight on each participant's progress in counseling, with emphasis on how the participant is responding to treatment and any issues that may have surfaced during the preceding week. · The Judge chairs the non-adversarial meeting, but all team members contribute input. Relapses or other compliance problems result in the discussion of judicial action, and possible sanctions are proposed for the upcoming hearing. Special recognition for participants who successfully achieve program milestones or other accomplishments are also discussed, with appropriate positive reinforcement tools suggested for dispensation at the next hearing. In addition to providing input, the prosecutor and defense attorney endorse or object to sanctions or rewards. · The Judge uses the notes from this meeting as the reference source for praise, admonishment, modification of the conditions of supervision, and other comments for participants when they appear individually in-court. XIII. OWl Court Hearings · As soon as practical after the staffing meeting, the OWl Court hearing is held. OWl Court hearings may occur every two weeks with participants attending 1-2 times per month, depending upon progress and assessed risk and needs. The participants are required to stay for the entire court hearing. · OWl Court Team members are also present to provide corroborative testimony if necessary, 'but the Judge engages in the dispensation of sanctions and rewards. · Each participant is called before the team for several minutes, where the Judge and other team members make brief comments regarding the participant's progress in the program, offers praise or admonishment, asks pertinent questions about relevant issues, and if necessary, orders immediate sanctions as discussed at the team meeting. The participants still seated listen to each conversation at the table between the Judge and the summoned participant. · When the hearing is adjourned, the participants leave the courtroom, or may linger to ask questions of individual team members. -. Although the dignity befitting any court hearing is maintained, the OWl Court atmosphere is somewhat more relaxed than a regular hearing, and the Judge may encourage applause from those seated as positive reinforcement, when appropriate. XIV. OWl Court Case Management · Case management, provided by the OWl Court Community Supervision Officers (CSOs), meets TOCJ-CJAO standards for case management, defined as a systematic process based on the offender's risk and need factors that addresses specific problem areas and assists the offender to achieve responsible behavior through completion of the negotiated treatment plan. · Because the participants are high risk / need offenders, the CSO must ensure that a Strategies for Case Supervision (SCS) assessment has been completed within the timeframe set forth in TOCJ-CJAO standards. 12 '-/ Audits and/or file reviews are required when violation reports, modification paperwork, motions to revoke or proceed, or other significant correspondence are prepared, and as otherwise required by a member of management. Random audits are also done to verify case compliance with CJAO standards. XVI. Selection of OWl Court Community Supervision Officers Selection of staff to provide supervision to offenders placed on the OWl Court caseloads is based upon the following: consistent performance, skills or characteristics in congruence with the needs of the OWl Court caseloads, and knowledge in the area of substance abuse and treatment. Officers assigned to these caseloads should receive a minimum of 8 related training hours each year. XVII. Drug Testing The protocol for drug testing is found in the Calhoun County CSCO Operations Manual. · CSOs will randomly test participants in the program for alcohol/drug use throughout the term of the program, with the frequency of testing related to the participant's current program phase. · Positive drug tests and alcohol results will be brought to the attention of the OWl Court Team at the next scheduled weekly meeting in order to apply an appropriate treatment and court response. · Should a participant contest a drug test result, the participant may be required to pay for the confirmation test, and if the test confirms use of the drug alleged, sanctions will be increased. XVIII. OWl Court Phases Phase I The goals of Phase I are to develop a treatment plan, begin treatment, complete Intensive Outpatient Treatment, achieve sobriety, introduce 12-step programs, and begin to lay groundwork for relapse prevention. Program length is two to three months. Participants generally attend regularly scheduled court hearings during this phase. Appendix 6 is the form used by the community supervision officer to document completion of Phase I and request movement from Phase I to Phase II. After review of the participant's progress and the request form, The OWl Court Team determines whether said movement is granted. Court and Treatment Expectations: · Orientation by community supervision officer, signing required release and participation forms; 13 · Compiiance with the conditions of supervision; · No drug and/or alcohol use; · Clean drug/alcohol screens for four consecutive weeks prior to promotion to Phase II; · Screening for drug/alcohol use once to twice weekly, and report for random drug/alcohol screens within 24 hours of notification; · Provide input and agree to treatment plan; · Treatment will consist of residential if needed, intensive outpatient treatment, and beginning supportive outpatient treatment or a cognitive skills program; · Attend family sessions as determined necessary in treatment plan; · Cooperate with efforts to address issues regarding health, housing, employment, and related problem areas; · Attend court as determined by the OWl Court team; and · Attend 12-step meetings per the treatment plan, on non-lOP treatment days. · Obtain a sponsor/mentor. Example Violations: · Unexcused absences. All expected absences from appointments, classes, and treatment require notification of community supervision officer and/or treatment provider prior to the absence. Absences from treatment are all noted, but are considered unexcused until staffed by the OWl Court Team, which may deem them excused or unexcused; · Behavior not conducive to recovery; · Dishonesty; · Positive, missed, delayed, substituted, and/or diluted drug / alcohol screens; · Non-compliance with treatment and/or 12-step meeting attendance; · Non-compliance with community service and/or other class attendance; · Curfew violations; · Absconding; and, · Commission of new offenses. Sanctions / Treatment Responses: · Admonishment by the Judge; · Explanation of behavior to group and plan of action to correct behavior; · Pay for confirmation on disputed urinalysis results; · Bringing newspaper or magazine articles to court on the effects of substance use on behavior, such as articles on driving while intoxicated accidents, medical information, burglaries related to substance use, and similar items; · Increased treatment requirements, including individual counseling sessions; · Increased 12-step attendance, such as 7 meetings in 7 days; · Increased reporting; · Increased drug / alcohol screening; · For dishonesty, essay on behavior and proposed plan of action to correct behavior. (Modified verbal sanction if participant cannot read and write); · Additional community service assignments for dishonesty; · Jail time in two to four day increments for continued violations; and, · Program termination. Rewards: · Praise by community supervision officer; · Praise by treatment provider; 14 · Praise from the bench by the Judge; · Praise in court by other DWI Court team members; · Applause in court; · Reduction in court hearing frequency; · Reduction in drug/alcohol testing schedule; · For phase completion, rewards may include a certificate, a small reward as donated by a local business, a later curfew, and/or reduction in the community service hour requirement. Phase II The goals of Phase II are to re-evaluate the treatment plan, complete a supportive outpatient or cognitive skills program, maintain sobriety, obtain a 12-step sponsor or recovery mentor, focus on stabilizing family / relationships and employment and educational pursuits, and continue relapse prevention work. Program length is three to four months. After review of the participant's progress and the request form, the DWI Court Team determines whether said movement is granted. Court and Treatment Expectations: · Compliance with the conditions of supervision; · No drug and/or alcohol use; · Clean drug/alcohol screens for four consecutive weeks prior to promotion to Phase III; · Screening for drug/alcohol use once to twice weekly, and report for random drug/alcohol screens within 24 hours of notification; · Provide input and agree to revised treatment plan; · Treatment will consist of supportive outpatient treatment (average 8 weeks, 3 hours per week) and/or a cognitive skills program; · Attend family sessions as determined necessary in treatment plan; · Cooperate with efforts to address issues regarding health, housing, employment, and related problem areas; · Attend court 1 - 2 times per month, as determined by the DWI Court Team; · Attend 12-step meetings or other approved support groups per the treatment plan, and obtain 12-step sponsor/recovery mentor; · Stabilize family / other relationships; · Stabilize employment and/or set goals for vocational/ educational pursuits; · Begin regular payments on court-ordered obligations (at least 75% of fine and court cost paid prior to promotion to Phase III); and · Complete CSR hours as ordered. Example Violations: · Unexcused absences. All expected absences from appointments, classes, and treatment require notification of community supervision officer and/or treatment provider prior to the absence. Absences from treatment are all noted, but are considered unexcused until staffed by the OWl Court Team, which may deem them excused or unexcused; · . Behavior not conducive to recovery; · Dishonesty; · Positive, missed, delayed, substituted, and/or diluted drug / alcohol screens; · Non-compliance with treatment and/or 12-step meeting attendance; · Non-compliance with community service and/or other class attendance; · Curfew violations; · Failure to obtain / maintain employment and/or pursue educational or vocational goals; · Absconding; and, 15 Phase III ~"""'l'..= .'1" · Commission of new offenses. Sanctions / Treatment Responses: . Admonishment by the Judge; Explanation of behavior to group and plan of action to correct behavior; Pay for confirmation on disputed urinalysis results; Bringing newspaper or magazine articles to court on the effects of substance use on behavior, such as articles on driving while intoxicated accidents, medical information, burglaries related to substance use, and similar items; Increased treatment requirements, inpluding individual counseling sessions; Increased 12-step attendance, such as 30 meetings in 30 days; Increased reporting; Increased drug / alcohol screening; For dishonesty, essay on behavior and proposed plan of action to correct behavior. (Modified verbal sanction if participant cannot read and write); Additional community service assignments for dishonesty; Jail time in 4 to 5 day increments for continued violations; Movement back to Phase I for repetition of Intensive Outpatient and/or detoxification and residential treatment; and, Program termination. . . . . . . . . . . . . Rewards: · Praise by community supervision officer; · Praise by treatment provider; · Praise from the bench by the Judge; · Praise in court by other OWl Court team members; . Applause in court; · Reduction in drug/alcohol testing schedule and/or reporting requirements; . For phase completion, rewards may include a certificate, a small reward as donated by a local business, a later curfew and/or reduction in the fine amount and community service hour requirement. Phase III is the aftercare component of treatment when the treatment plan is again re-evaluated, sobriety is maintained, 12-step meetings or other approved support groups are continued, as is work with the 12-step sponsor or recovery mentor, there is continued focus on stabilizing family / relationships and employment and educational pursuits, and relapse prevention work continues with the development of a discharge plan or relapse prevention plan, as the participant transitions to regular community supervision or discharge from supervision. Program length is approximately 6 months. After review of the participant's progress and the request form, the DWI Court Team determines whether graduation will occur. Court and Treatment Expectations: . Compliance with the conditions of supervision; . No drug and/or alcohol use; . Clean drug/alcohol screens; . Screening for drug/alcohol use randomly, and report for random drug/alcohol screens within 24 hours of notification; 16 · Provide input and agree to revised treatment plan and relapse prevention or discharge plan; · Treatment will consist of supportive outpatient treatment, a cognitive skills program, or aftercare (average 1 Y:z hours per week) as needed by the participant; · Community service hours may be discharged through credit for Class attendance in adult basic education, GEO program, vocational training, parenting classes, or cognitive skills training for participants in need of these programs; · Be connected with the appropriate service providers and/or have stabilized health, housing, employment, and related problem areas; · Attend court as determined by the DWI Court team; · Attend 12-step meetings or other approved support groups per the treatment plan, and continue work with 12-step sponsor/recovery mentor; · Maintain stability in family / other relationships; · Maintain stability in employment and/or be working toward goals for vocational / educational pursuits; · Continue regular payments on court-ordered obligations; Example Violations: · Unexcused absences. All expected absences from appointments, classes, and treatment require notification of community supervision officer and/or treatment provider prior to the absence. Absences from treatment are all noted, but are considered unexcused- until staffed by the OWl Court Team, which may deem them excused or unexcused; · Behavior not conducive to recovery; · Dishonesty; · Positive, missed, delayed, substituted, and/or diluted drug / alcohol screens; · Non-compliance with treatment and/or 12-step meeting attendance; · Non-compliance with community service and/or other class attendance; · Curfew violations; · Failure to maintain employment and/or pursue educational or vocational goals; · Absconding; and, · Commission of new offenses. Sanctions I Treatment Responses: · Admonishment by the Judge; · Explanation of behavior to group and plan of action to correct behavior; · Pay for confirmation-on disputed urinalysis results; · Bringing newspaper or magazine articles to court on the effects of substance use on behavior, such as articles on driving while intoxicated accidents, medical information, burglaries related to substance use, and similar items; · Increased treatment requirements, including individual counseling sessions; · Increased 12-step attendance, such as 30 meetings in 30 days; · Increased reporting; · Increased drug / alcohol screening; · For dishonesty, essay on behavior and proposed plan of action to correct behavior. (Modified verbal sanction if participant cannot read and write); · Additional community service hours for dishonesty; · Jail time in 5 to 10 day increments for continued violations; · Movement back to Phase I or II for repetition of and/or additional treatment; and, · Program termination. 17 Rewards: · Praise by community supervision officer; · Praise by treatment provider; · Praise from the bench by the Judge; · Praise in court by other OWl Court team members; · Applause in court; · Reduction in drug/alcohol testing schedule and/or reporting requirements; · For phase completion (graduation), rewards may include a certificate, a small reward as donated by a local business, elimination of curfew, reduction in the fine amount, reduction in the community service hour requirement. XIX. OWl Court Program Evaluation The Calhoun County Adult Probation Department will maintain records on data collected during the program regarding violations, unsuccessful and successful completions, frequency of drug or alcohol use, and any other areas that are deemed important in determining the success of the program, and any needs the program may have. Data collected will be analyzed on a regular basis to evaluate the OWl Court processes and outcomes at the participant and program levels. Informal f~edback will be provided at team meetings, with more formal feedback provided in the form of monthly or quarterly reports, with report frequency later reduced to semi-annual. A written evaluation of the program will be provided at the end of each year. 18 Appendix I: OWl Court Referral Request Form DEFENDANT: DOB: OFFENSE (Circle - MisdlFel) ARREST DATE: 1. Did the defendant submit to a substance abuse screening? DYES D NO If yes, indicate results:' 2. Does the defendant live in Calhoun County?iD YES D NO 3. Does the defendant work in Calhoun County? DYES D NO 4. Does the defendant live in an outlying area of the county? DYES D NO If YES, where: 5. Transportation available? DYES D NO 6. Is the defendant on active community supervision (probation) in Calhoun County or any other county? DYES D NO D UNKNOWN. If YES, CS0: 7. Does the defendant meet the substance abuse dependency eligibility? DYES D NO 8. Is the defendant capable of understanding the requirements of OWl Court? DYES D NO Referred by: Name: Signature Title: Date: 19 Appendix 2: OWl Court Eligibility Form DEFENDANT: OFFENSE (Circle - Misd) DOB: Class of Misd: Check all that apply: Currently on community supervision Released on bond In jail 1. Does NCICITCIC criminal history indicate any of the previous offenses? 0 YES 0 NO If "yes", mark appropriate choices below: o Possession of drug paraphernalia or other misdemeanor drug offenses, such as POM o Felony POM o Minor in possession offenses o Possession of controlled substance. Substance and amount: o Prescription fraud o Misdemeanor OWl 2. Is the use or possession of alcohol or drugs suspected to have contributed significantly to the commission of this or any prior offense? 0 YES 0 NO If yes, specify substance and relation to offense: 3. Did defendant admit to drug use or possession in the instant offense? 0 YES 0 NO 0 NA If yes, specify drug and quantity/frequency used 4. Does NCICITCIC indicate any of the previous offenses: 0 YES 0 NO If "yes", mark appropriate choices below: o Assault arrests/convictions (F or M) o Stalking o Violation of protective order o Any 1 st or 2na degree felony convictions o Manufacture/delivery of controlled substance Substance and amount: o Terroristic threat o UCW/Prohibited weapons offenses o Two or more OWl convictions o Multiple burglary of a habitation offenses 5. If the offender is currently on community supervision, is restitution required? 0 . YES 0 NO If so, is the offender making a reasonable effort to pay the restitution? 0 YES 0 NO CASE DOES / DOES NOT MEET CRITERIA FOR OWl COURT REFERRAL Reason: Assistant District Attorney Date 20 Appendix 3: OWl Court Referral Information Date Arrest Date: Defendant's Name: (Last) (First) (Middle) (Suffix) Alias: Date of Birth: Age: DL#/State / 10# Sex Place of Birth (State or County) Citizenship Eye Color Hair Color Weight Height Race:. (check one) o Black o Asian or Pacific Islander o White o Native American or Alaskan Native o Unknown / Other Current Residence \ RESIDENCE INFORMATION (Street) Mailing Address (if different from above) (City) (State) (Zip Code) Phone Number (Street/P.O. Box) Cell Phone Number (City) (State) (Zip Code) Marital Status: _Married _Single _Divorced Number of Dependents _Widowed _Common Law _Separated EMPLOYMENT INFORMATION Employed: Yes_ No_ Employers Name Address Title of Current Position Net Monthly Income Date Employed Phone Number Full Time / Part Time / Seasonal (circle one) Percentage oftime employed in last 12 months EDUCATION INFORMATION _GED _Some College _College Graduate If College or Vocation School, where Yes No Where _High School Diploma Highest Grade Completed Currently Enrolled _Vocation Training 21 .'1 VEHICLE INFORMATION Do you own or drive a vehicle? Yes_ Make Color No_ Model License Plate Number/State Year SUBSTANCE ABUSE INFORMATION Had you been using alcohol and/or drugs prior to committing the present offense? If yes, what Have you used illegal drugs in the last 30 days? Have you consumed alcohol in the last 30 days? Drug of Choice Have you ever injected drugs into your body with a needle? Yes No If yes, when Have you ever been referred to or attended a substance abuse treatment program, including AA/NA? _Yes _No If yes, indicate where Family history of substance abuse/addiction. Yes No Yes No No If yes, when If yes, when Yes Yes No If yes, who? CRIMINAL HISTORY Are you currently on community supervision? Yes _No If yes, CSO Name Were you ever in trouble with the law as ajuvenile (before you were 17)? Yes No For what offense? When? Have you been sent to a Juvenile Department/TYC? Yes How old were you? Have you ever been placed on Adult or Juvenile Community Supervision? If yes, for what offense? When? Have you ever been placed on Adult or Juvenile Parole? Yes If yes, for what offense? When? Have you ever been placed County Jailor Prison? Yes No Have you been arrested or tried by a Court of Law for an assaultive offense within the last five (5) years? Yes No Where? No Where? Yes No Where? No Where? If yes, when? Where? Have you ever committed a crime using a weapon? List all Prior Arrests: Yes No Date Offense County Result of Charge (List additional information on the back) List any pending charges 22 ~',~, GANG INFORMATION Are you a member of or an associate of a gang? _Yes _No Name of gang SOCIAL HISTORY Have you ever had a psychological evaluation prepared? _Yes _No If yes, by whom Have you ever been treated at a psychiatric hospital? _Yes _No MH/MR facility? _Yes No If so, Name of Hospital or Facility Do you presently have a physical or mental impairment? Yes No If so, explain Are you currently taking medication, including psychotropic? Yes No If yes, list Have you ever thought of and/or attempted suicide? Yes No Were you ever abused by your parents? Yes No Are you quick to anger? Yes No Have you ever lost control of yourself and hit or attacked someone? Yes No I SWEAR THE ABOVE INFORMATION IS TRUE AND CORRECT AND I HAVE NOT WITHHELD ANY PERTINENT INFORMATION. Date: Defendant's Signature: 23 Appendix 4: Consent Form For Disclosure, Communication, And Release Of Information I, hereby consent to communication between the listed treatment provider(s) and the Judge, prosecutors from the Calhoun County District Attorneys Offices, the OWl Court Defense Attorney, the Calhoun County Community Supervision and Corrections Department, OWl Court program evaluators, and any additional persons, such as family members and employers and/or agencies listed which may require information regarding my treatment for substance abuse while enrolled in Calhoun County OWl Court Program. Additional persons or agencies: The purpose of, and need for this disclosure is to inform the Court and other above-named parties of my eligibility and/or acceptability for substance abuse treatment services and my treatment attendance, prognosis, compliance, and progress in accordance with the Calhoun County OWl Court monitoring criteria. I understand that this information will be shared in open court in reference to my case,and that anyone present in the courtroom will be able to hear this information. I further understand that this consent will remain in effect and cannot be revoked by me until there has been a formal and effective termination of my involvement with the Calhoun County CSCO, such as the discontinuation of all OWl Court and relevant community supervision requirements upon my successful completion of community supervision or upon sentencing for violation the terms of my conditions of community supervision. I also understand that any disclosure made is bound by Part 2 of Title 42 of the Code of Federal Regulations, which governs the confidentiality of substance abuse patient (or client) records, and that the recipients of this information may disclose it only in connection with their official duties. Signature of Offender Date Witness Date 24 ":j Appendix 5: Request for Movement to Phase II Participant Cause Number 1. Has submitted clean drug/alcohol screens for four consecutive weeks; 2. Has submitted to screening for drug/alcohol use as required; 3. Provided input and agreed to treatment plan; 4. Treatment requirements were met; 5. Cooperated with efforts to address issues regarding health, housing, employment, and related problem areas; 6. Attended court as required; 7. Attended 12-step meetings or other approved support groups per the treatment plan; 8. Obtained a 12 step sponsor/recovery mentor; and 9. Abided by curfew (if required). Specific progress: The participant has completed the above requirements, and it is respectfully recommended that movement to Phase" be granted. Community Supervision Officer Date Approved Denied DWI Court Judge Date 25 Appendix 6: Request for Movement to Phase III Participant Cause Number 1. Has submitted clean drug/alcohol screens for four consecutive weeks and has submitted to screens as required; 2. Provided input and agreed to revised treatment plan; 3. Treatment requirements were met; 4. Cooperated with efforts to address issues regarding health, housing, employment, and related problem areas; 5. Attended court as required; 6. Continue to attend 12-step meetings or other approved support groups per the treatment plan, and maintain a 12-step sponsor/recovery mentor; 7. Worked to stabilize family / other relationships; 8. Stabilized employment and/or set goals for vocational/ educational pursuits; 9. Made regular payments on court-ordered obligations; and, 10. Abided by curfew (if required). . Specific progress: The participant has completed the above requirements, and it is respectfully recommended that movement to Phase III be granted. Date Community Supervision Officer l; Approved Denied OWl Court Judge Date 26 Appendix 7: Request for Graduation Participant Cause Number 1. Has submitted clean drug/alcohol screens as required; 2. Provided input and agreed to revised treatment plan; 3. Treatment requirements were met; 4. Is connected with the appropriate service providers and/or has stabilized health, housing, employment, and related problem areas; 5. Attended court as required; 6. Attended 12-step meetings or other approved support groups per the treatment plan, and continued work with a 12-step sponsor/recovery mentor; 7. Continued to stabilize family / other relationships; 8. Continued with stabile employment and/or continued with vocational/educational pursuits; 9. Made regular payments on court-ordered obligations; and, 10. Abided by curfew (if required). Specific progress: The participant has completed the above requirements, and it is respectfully recommended that graduation occur. Community Supervision Officer Date Approved Denied DWI Court Judge Date 27 AMEND THE RESOLUTION TO TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) AND US CORPS OF ENGINEERS FOR UTILIZATION OF EXISTING SPOIL DISPOSAL AREAS WHICH WAS ADOPTED ON OCTOBER 14, 2010: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to amend the Resolution to Texas Department of Transportation (TXDOT) and US Corps of Engineers for utilization of existing spoil disposal areas which was adopted on October 14, 21010. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor~ Resolution WHEREAS, Calhoun County Commissioners' Court recognizes the need and importance of having usable harbors in Port O'Connor, Texas; and WHEREAS, These harbors are adjacent and connected to the Gulf Intracoastal Water Way, which are navigable public waters; and WHEREAS, These harbors are in need of maintenance; and WHEREAS, The loss of use of the harbors would create an economic loss to the community; and WHEREAS, The use of these public waters is of great public benefit; and WHEREAS, The Alligator Head Marina is one of these affected harbors; and WHEREAS, The Corp of Engineers and Texas Department of Transportation has available placement areas available for the maintenance of the Intracoastal Water Way; and ' THEREFORE BE IT RESOLVED, that the Calhoun County Commissioners' Court requests the Corp of Engineers and Texas Department of Transportation allow the dredged material from the Alligator Head Marina to be placed in said placement area. ADOPTED THIS THE 14th DAY OF OCTOBER, 2010. Attest: Anita Fricke, County Clerk o~~ Vem Lyssy Commissioner, Pct. 2 ~w.~~ Renneth W. Finster Commissioner, Pct. 4 DISCRETIONARY GRANT REQUEST FOR APPLICATIONS RFA FOR FY 2010 BY THE TEXAS TASK FORCE FOR INDIGENT DEFENSE AND AUTHORIZE COUNTY JUDGE TO SUBMIT THE INTERNET RESOLUTION, AND SIGN ANY NECESSARY DOCUMENTS: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the Discretionary Grant Request for applications RFA FOR FY 2010 by the Texas Task Force for Indigent Defense and authorize Judge Pfeifer to submit the Internet Resolution, and sign any necessary documents. Commissioners Galvan, Lyssy, 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 www.courts.state.tx.us/tfid CHAIR: THE HONORABLE SHARON KELLER Presiding Judge, Court of Criminal Appeals DIRECTOR: MR. JAMES D. BETHKE VICE CHAIR: THE HONORABLE OLEN UNDERWOOD October 15,2010 The Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann St, 3rd Floor Port Lavaca, TX 77979 Re: Discretionary Grant Request for Applicatio~{RFA'1 (rot!FI~2-O!1~r Dear Judge Pfeifer: The Task Force on Indigent Defense (Task Force) announces the availability of funds to improve indigent defense services in your county or region. The Task Force is pleased to provide Calhoun County with an opportunity to compete for these additional funds. The Discretionary Grant Program is competitive and is often awarded in addition to any formula grant your county may be eligible to receive. Please read the RF A carefully because several sections have been revised and updated. The enclosed RF A will provide information on what is needed to apply for these funds. This FY2012 Grant packet is being sent to all 254 constitu"tional county judges. The administrative rules adopted by the Task Force in Texas Administrative Code, Title 1, Chapter 173 and the attached RFA are available at the Texas Judiciary Online at: http://www.courts.state.tx.us/tfid. The administrative rules and the RF A establish the guidelines for the administration of grant funds and application submission process for FY2012. In addition to the Grants Administrator, the Task Force has two new Grant Specialists to assist counties in developing and writing proposals. Please call Bryan Wilson, at the Task Force office, toll free in Texas at (866) 499-0656, if you have any questions about the application process or want to schedule time for the Grant Specialists to visit about your program. Sincerely, ~~ Sharon Keller Chair, Task Force on Indigent Defense Presiding Judge, Court of Criminal Appeals ,. 6\\Sh;:" /,~..... . (~':\ j' (ill" ,"...."\ I "" j \ 7 :.- ..~ \/1. .,..:::j '~,~~~ 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 www.courts.state.tx.us/tfid FY2012 Discretionary Grant Program Requests for Applications (RF A) October 15,2010 Competitive Grant Fund Categories New Single-Year Discretionary Grants -- Fiscal Year 2012 Minimum: $5,000 per application. The single-year discretionary grant pays up to 100% of an awarded activity on a reimbursement basis. New Multi-Year Discretionary Grants - Fiscal Year 2012 Minimum: $50,000 per application. These grants require a cash match as described below. A county will be required under this grant to re-apply for continued funding each grant year. The multi-year discretionary grant fund will pay up to a rate of 80% of total project costs for the first year; 60% for the second year; 40% for the third year; and 20% for the fourth year. Awarded activities are funded on a reimbursement basis. Continued Multi-Year Discretionary Grants - Fiscal Year 2012 -- amount based on estimated schedule of commitments from awards in previous years. Counties that have received an FY2008 through FY2011 continued multi-year grant must submit an automatic application for continued funding based on the agreedfunding schedule. Eligibility · Only counties are eligible to apply for grant funds. Counties may apply jointly for funding but must designate one county as the grant recipient. · The Countywide Indigent Defense Plans submitted must be in compliance with applicable statutes and rules and must meet the minimum requirements for each plan section as outlined in the Countywide Plan Submission Instructions. Due Dates for Submission Process (Two Tier Process) Tier One- Counties must complete Intent to Submit Applications (ISA) on-line by 5:00 PM on February 25, 2011. The ISA is an abbreviated application described later in this document. Tier two - After a review by the grant administrator, a county may be invited to submit a full application. The final application is due by 5:00 PM on April 29, 2011. Late submissions will not be accepted. Method of Application On-line submission at htto://tfid.tamu.edu Period for Funding and Program Operation Grants are awarded for one-year periods from October I to September 30. The Task Force will consider funding multi-year projects. Legislative Purpose The Task Force on Indigent Defense was established by the 77th Legislature to: 1) provide technical support to assist counties in improving their indigent defense systems; 2) direct the comptroller to distribute funds, including grants, to counties to provide indigent defense services in the county; 3) monitor each county that receives a grant and enforce compliance by the county with the conditions of the grant; 4) develop policies and standards for providing legal representation and other defense services to indigent defendants at trial, on appeal, and in post-conviction proceedings; and 5) develop a plan that establishes statewide requirements for counties relating to reporting indigent defense information. To fulfill its legislative mandates the Task Force is requesting that counties submit ISAs for consideration to obtain grant funding to improve local indigent defense systems. Applications for new discretionary grant funding will be reviewed and scored competitively in accordance with the priority funding section and the following eligibility, submission, and program requirements. Continued programs will be reviewed based on implementation and actual performance. To fully understand the use of these funds, please review the Task Force on Indigent Defense Strategic Plan: (htto://www.courts.state.tx.us/tfid/odf/strategi cplanti nal. pdf ). Applicable Authority and Rules All Task Force on Indigent Defense grant programs are governed by one or more of the following statutes, rules, and standards. These documents are available at the Task Force website www.courts.state.tx.us/oca/ttid. . Texas Government Code Sections 71.062 & & 81.054 . Texas Administrative Code Title 1 Chapter 173 · Uniform Grant Management Standards(UGMS) as promulgated by the Office of the Governor Section I. Submission Information Submission Requirements (Two Tier Process) All counties submitting new grant application's must complete an on-line ISA. If the ISA is accepted by the grant administrator a full application must be completed. ISAs must be submitted on-line by 5:00 PM on February 25, 2011. If invited to submit a full application, it must be completed on-line by 5:00 PM on April 29, 2011. All court commitment documents, supporting documents, and resolution/internet submission form supporting the grant applications must be completed entirely and submitted together. Incomplete submissions will not be considered. Late submissions will not be considered. Continued multi-year programs will complete an automatic on-line application by 5:00 PM on April 29, 2011. Resolution/internet submission form must be completed and submitted together. Tier One - Intent to Submit Application (ISA) Requirement a. Abbreviated Description of Program - Counties will submit a short and succinct description of an indigent defense improvement the courts or county want to implement. This description will be written into the on-line system (http://tfid.tamu.edu/). b. Internet Submission Required - All county judges, local administrative district judges, local administrative statutory county judges, and county fiscal officers have been assigned a unique user name and password for grant application, plan submissions, and expense report FY20 12 Discretionary Grant Program - Requests for Applications (RF A) Page 2 of 16 pages , .. submissions in the Task Force's Grant and Plan Management Website. Please contact the Task Force Grants Administrator for other persons needing access to the system or if the access information was mislaid. c. Due Date for ISA - All ISAs must be submitted on-line by 5:00 PM on February 25, 2011 on the website (htto://tfid.tamu.edu). A confirmation number will be assigned to all on-line ISA submissions. d. Court Commitment - The judiciary is responsible for implementing indigent defense procedures within counties. ISAs must contain letter(s) of support from the affected judges to participate with or implement the program (see Attachment B). Attachment B is a sample form and must be edited to describe the level and type of commitment the judges are providing to the specific program in the application. All documents should be scanned and emailed or mailed together and be clearly labeled. These documents must be submitted on or before February 25. 2011. Tier Two - Full Application Requirements a. Notice to Proceed with Application - The grant administrator will review all ISAs and provide a written Notice to Proceed with Application to those counties that best demonstrate that they meet the priority funding and other requirements contained in this RFA. b. Internet Submission Required - All county judges, local administrative district judges, local administrative statutory county judges, and county fiscal officers have been assigned a unique user name and password for grant application, plan submissions, and expense report submissions in the Task Force's Grant and Plan Management Website. Please contact the Task Force Grants Administrator for other persons needing access to the system or if the access information was mislaid. All full applications must be submitted on-line by 5:00 PM on April 29, 2011 on the website (htto://tfid.tamu.edu). A confirmation number will be generated by the system for all on-line submissions. This is the number that needs to be entered in the Internet Submission Form portion (bottom) of the Resolution. c. Supporting Documents - Optional material such as timelines, general letters of support, agreements, or other documents that the county uses to support their application must be submitted to the Grants Administrator at the time of the final application. All supporting documents should be scanned and emailed or mailed together. These documents must be submitted on or before April 29. 2011. d. Resolution/Internet Submission Form - The Resolution/Internet Submission Form (See Attachment A) must also be submitted in order for Task Force staff to consider the full application complete. This form should be printed from TFlD's site, adopted by the County Commissioners Court, and signed by the applicant's authorized official before the deadline for applications. The adopted resolution (available online) is the official authorization from the Commissioners Court for the grant request. It also is a pledge to take legal responsibility for the appropriate expenditure of the funds, if they are awarded. Finally, it certifies that the information submitted in the application material is true and correct and that the county will abide by all relevant rules, policies, and procedures if awarded the grant funds by the task Force. The signed resolution must be scanned and emailed or mailed to the Task Force. These documents must be submitted on or before April 29. 2011. Additional Submission Requirements a. Maximum Applications - A county may submit only one single-year and one multi-year application. Each submitted application may contain only one type of program. The county shall indicate if it seeks funding for a single-year or multi-year program. Therefore, a county currently operating a continued multi-year program may only apply for one new single-year. FY2012 Discretionary Grant Program - Requests for Applications (RFA). Page 3 of 16 pages b. Program Type - Each submitted application may contain only one type of program. The county shall indicate if it seeks funding for a single-year or multi-year program. Additional letters of support or other documentation may be required from the county upon request from the Task Force to ensure various departments are coordinating their indigent defense efforts. c. Single Year Grant Funded Positions - Applicants for all single-year discretionary grants requesting full time equivalent positions (FTE) must provide a fifty percent (50%) cash match. d. Video-teleconferencing - Applications for video-teleconferencing equipment require a fifty percent (50%) cash match. The county must include at least one site visit to a previously funded county in the budget. Upon completion of the implementation stage the county must demonstrate that it is able to connect to one other funded or previously funded county. Counties may use the video-teleconferencing system for any hearings authorized under Texas Code of Criminal Procedure Chapter 46B. e. Calculating the Cash Match 100% of Total Project Costs minus (-) percent of match required equals (=) percent Task Force will pay. Amount of Task Force funds requested divided by percent Task Force can pay = Total Project Cost. Total Project Cost multiplied by percent of match required = Total Match Required f. New Programs and Positions - Only new programs and/or positions will be funded. This may include adding new positions or elements to existing programs. The county must make a clear distinction in the application narrative of how the requested positions perform work currently not being done. g. Use of Program Income - Applicants may use funds received through program income to fulfill the matching funds requirement, if applicable. h. Grant Officials - Each grant must have the following designated to serve as grant officials: i. Program director. This person must be the officer or employee responsible for program operation or monitoring or implementation of the indigent defense plan and will serve as the point-of-contact regarding the program's day-to-day operations. 11. Financial officer. This person must be the county auditor or county treasurer if the county does not have a county auditor. lll. 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. IV. The program director and the authorized official may be the same person. The financial officer may not serve as the program director or the authorized official. Specific Submission Requirements for Multi-Year Discretionary Grants a. Automatic Application - All continued programs will complete an automatic application using the authorized access. The county must maintain compliance with the statement of grant award to be considered for continued funding. b. Multi-Year Funding - Funding is available for multi-year programs to encourage innovative long-term programs to improve the delivery of indigent services. Generally, multi-year grant programs are awarded, four years of funding. Grantees will assume the cost of programs proven to be successful following the period of funding support. c. Cash Match - Counties must indicate a cash match from county or other funds of 20% of total project costs in the first funding year, 40% the second funding year, 60% the third funding year, and 80% the fourth funding year. The written application must include a plan for implementing a multi-year program. An applicant's use of matching funds must comply with the same statutes, rules, regulations, and guidelines applicable to the use of the Task Force funded portion of a grant project. FY2012 Discretionary Grant Program - Requests for Applications (RFA) Page 4 of 16 pages t d. Equipment Costs - Equipment and other one-time costs will only be funded in the tirst year of the grant unless permission is granted by the Task Force in writing. Otherwise, equipment and other one-time costs will not factor into the overall project costs after the tirst year of the grant. The Task Force's portion of the grant and the cash match after the first year of funding will be calculated based on the total project costs less the equipment expenses from the first year. e. Use of Program Income - Applicants may use funds received through program income to fultill the matching funds requirement, if applicable. Section II. Program Information Priority Funding The Task Force may provide grant funds to any program that improves the provision of indigent defense services. See Attachment C for a list of the types of programs that have been funded in the past and requirements by program type. New Single-Year Discretionary Grants The following application characteristics shall be given priority in deciding funding: · Applications for creating programs or processes -to improve indigent defense services. · Applications that demonstrate a good likelihood the proposed activity will be a model program or can be duplicated in other jurisdictions. · Applications that involve multiple counties coordinating their submission. · Applications that demonstrate a county's (ies') long term commitment to the program. For instance a seed program that requests funds from the Task Force to start a program the county will maintain over time. · Applications that contain cash match from the county or other non-governmental source. · Applications that have minimal or no indirect costs requirements. · Applications from small counties (less than 50,000 population) or mid-sized counties (50,000 to 250,000 population). · Applications to purchase equipment and resources to establish and implement a regional approach to magistration. New and Continued Multi-Year Discretionary Grants . In addition to all of the application characteristics listed above for the single-year discretionary grants, the only programs that will be considered for multi-year grants are: · Programs that provide direct services to indigent defendants. · Programs that establish public defender offices. · Programs that establish regional public defender offices. · Programs that provide mental health defender services. · Programs that provide juvenile defender services. Program Requirements The Task Force encourages counties to develop new and innovative programs that provide indigent defense services or are related to the processes of provision of indigent defense services for the county. Counties that fulfill most of the program requirements and develop programs consistent with the Task Force's standards, related statutes, and above listed priorities are most likely to receive funding. a. Fund Use - Funds must be used to pay for the direct and/or administrative costs of providing and improving indigent defense services in the county(ies). b. Supplanting Prohibited - A county may not reduce the amount of funds provided for indigent defense services in the county because of funds provided by this grant. FY20] 2 Discretionary Grant Program - Requests for Applications (RF A) Page 5 of 16 pages c. Competitive Grants - Receiving a notice to proceed with application does not guarantee funding by the Task Force or remove the competitive nature of these funds. The advance review of the ISA assists the Task Force to provide feedback to counties and assists the county in knowing what types of programs best meet the Task Force's priorities and strategic plan elements. d. Failure to Begin - Failure to begin operating the program by the grant application review period constitutes a failure to meet performance measures. e. Program Measures - All programs must include clear performance measures. Submissions involving technology must have clear measurable deliverables in addition to performance measures. If the submission does not have clear and performance measures (and deliverables for technology requests) the Task Force may refuse the application or develop clear measures, or deliverables in any potential offer to fund. If a program is selected for funding, the county is required to send one representative to a pre-award meeting at county expense to write and negotiate the specific program measure in the statement of grant award. f. Compliance with Task Force Requirements - All counties are statutorily required to submit an Indigent Defense Expenditure Report each year on November 1 in the form and manner prescribed by the Task Force. In accordance with T AC S 173.1 09 the reporting will be through the internet. Local Administrative District Judges, Local Statutory County Court Judges (or County Judge as applicable) and the Chairs of Juvenile Boards must submit a copy of all formal and informal rules and forms that describe the procedures used in the county to provide indigent defendants with counsel in accordance with the Code of Criminal Procedure (Countywide Plans) to the Office of Court Administration as required in Government Code S71.0351. The Countywide Plans must be submitted by November 1st of each odd numbered year in the form and manner prescribed by the Task Force. g. Compliance with Monitoring Reports- A county must respond within the required time, take corrective action for findings of non-compliance, and satisfactorily address all recommendations in a Task Force fiscal or policy monitoring report. Failure to comply with any of these requirements could result in the Task Force imposing a remedy under TAC 173.307 or Texas Government Code S71.062. h. Maintain Official Contact Information -All counties must maintain the grant and plan officials contact information on counties' home page set up at http://tfid.tamu.edu. Counties must advise the Task Force of changes in the authorized official, program director, financial officer, local administrative district judge, local statutory county judge and county judge by updating this website contact information. This information will be used to provide notices for grant or plan submission information. The Task Force staff will use e-mail whenever possible to notify counties of required reports and funding opportunities. i. Reports - Fiscal and program reports are required to be submitted through the Internet each quarter. All grants will require at least one follow-up report outside of the grant period. The specific fields to be captured will be identified prior to commencement of the grant as part of the statement of grant award if selected for funding. If an application does not provide adequate measures related to the proposed activity the Task Force may develop alternative measures. Most data elements need monthly breakdown for submission. A post grant period report is required in accordance with UGMS. If selected for funding, report periods will be provided in the Statement of Grant A ward. Grant Progress Reports must be submitted to the Task Force in the on-line system. Evaluations and other supporting documents must be submitted in an electronic format. j. Allowable Costs - The Task Force may provide grants from the Fair Defense Account to counties providing legal representation and indigent defense support services. Grants provided under this chapter may be used by counties for: i. Attorney fees for indigent defendants accused of crimes or juvenile offenses; FY20 12 Discretionary Grant Program - Requests for Applications (RF A) Page 6 of 16 pages 11. Expenses for licensed investigators, experts, forensic specialists, or mental health experts related to the criminal defense of indigent defendants; and Ill. Other approved expenses allowed by this grant application or necessary for the operation of a funded program. k. Unallowable Costs - The Task Force has adopted the Uniform Grant Management Standards (UGMS) to determine unallowable costs. See UGMS for a full list of unallowable costs. Specifically, in accordance with UGMS and/or the grant rules the following conditions apply to these grant funds: i. General government costs are unallowable; II. Costs of law enforcement, prosecution, and incarceration are unallowable; Ill. Replacing existing county funding with grant funds is unallowable; and iv. Funding previously existing positions is unallowable.. I. Right of Refusal - The Task Force reserves the right to reject any or all of the applications submitted. m. State Funds Availability - All commitments are subject to availability of state funds. n. Awards - Publishing the RFA does not obligate the Task Force to fund any programs. o. Partial Funding - The Task Force may choose to offer funds for all or any portion of a program submitted in the application. p. Substitution - The Task Force may offer alternative funding sources, special conditions or alternative program elements in response to submitted applications. q. Technology Standards - Applications which include purchase of information technology products must document how the projects meet technology standards adopted by the Texas Department of Information Resources (DIR) and Judicial Committee on Information Technology (JCIT) as applicable. If no standards are available from OIR or JCIT, then the county must meet commonly accepted technology standards such as Open Data Base Compliant (OOBC) or Transmission Control Protocol/Internet Protocol (TCP/IP) as applicable. r. Use DIR State Contract - All technology equipment and software must be purchased from the OIR State Contract unless the County demonstrates in a written exception request good reason why the state contract cannot be used and the grant administrator has granted a written exception. s. Equipment and Software Maintenance - All equipment and software purchased with grant funds shall include at least three (3) years and no more than five (5) years of maintenance to ensure the equipment and software will operate as intended during and beyond the grant period. For multi-year grants. the cost of the actual equipment and other one-time costs will only be funded the first year of the grant and will not factor into the overall proiect costs in subseQuentvears of funding. t. Interconnectivity of Communications Technology - In the purchase of communication equipment, the County will connect to at least one site previously funded by the Task Force to demonstrate its connectivity. u. OCA Reporting - The applicants' county and district clerks must be in compliance with reporting requirements promulgated by the Texas Judicial Council. The district clerks and county clerks must submit their monthly court activity reports to OCA electronically. v. Dual Use - Some indigent defense activities are intricately woven into county processes or activities. If a county applies for a program that may be considered general government use, the county must provide documentation and rationale to establish a basis of costs to determine the portion of a program/project attributable to indigent defense. w. Inventory - Unless otherwise provided, equipment purchased is the property of the county. The Task Force requires each grantee to maintain an inventory report of all equipment purchased with grant funds. This report must comport with the final financial expenditure report. Within 90 days after the grant period expires, grantees must complete a physical FY20 12 Discretionary Grant Program - Requests for Applications (RF A) Page 7 of 16 pages UIV\,...l1lVlY Vi au 01aJll iUU\..1\..-U }JIV}-'\..-.1L] U.1JU LU\".f 5Ju.J.Jl\.,.-\.,.- JUU~L J\.,.-\,...VU\.,.-1.1\".f LJl\,..t l\,..t..:)UJL..:) V~JLJJ LU\.,.- existing property records. x. Records Retention - Counties must maintain records related to the funded activity for at least three years after the end of the grant period. Records may be stored electronically. y. Monitoring and Auditing - Records must be made available to the Task Force or its designees upon request (See Texas Administrative Code, Rule S 173.401 for more details) z. Professional and Contractual Services - Any contract or agreement entered into by a grantee that obligates grant funds must be in writing and consistent with Texas contract law. Grantees must establish a contract administration system to regularly and consistently ensure that contract deliverables are being provided as specified in the contracts. Grantees must regularly and consistently document the results of their contract monitoring reviews and must maintain the files and results of all contract monitoring reviews in accordance with the record retention requirements described in this section of the RF A. A grantee's failure to monitor its contracts may result in disallowed costs and/or disallowed match. aa. Review Criteria - This is a competitive grant program. The Task Force staff will review each grant using objective tools and comparative analysis. The weight given to each section or combination of sections is at the sole discretion of the Task Force. bb. Past performance -Task Force staff will prepare a summary indicating the overall implementation of past grants on each county that has completed grants in previous years. The reviewers will use the summary in considering the likelihood that the county will complete future grants. The summary must include whether in previous year grants counties failed to maintain staff after the grant period or equipment or services were abandoned after the grant period. The summary is to be used as a consideration for reviewing the current grant but not as a final determination. cc. Final Selection - The Task Force may select and award programs that reflect geographic diversity, demographic diversity, and/or distinctive program elements at its own discretion. Additional Program Requirements for Multi-Year Discretionary Grants dd. Impact of Formula 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 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. ee. Future Funding on Multi-Year Projects - The Task Force will commit funding for only the current grant year. Future funding will be based on the county submitting a new application to continue funding in subsequent years, submission of progress reports, a demonstration of successful progress made in implementing the program, and future availability of funds. The statute dedicates a portion of the money appropriated for this program to demonstration and pilot projects that develop and promote best practices in indigent defense. ff. Grant Status - Continued programs must be current on reporting and program requirements as of the grant review period. The Grants Administrator will review status of multi-year programs and make recommendations to the Task Force based on the status of the program. gg. Delayed Start - For multi-year grants, counties often begin program expenditures after the beginning of the initial grant year. The Task Force will provide the 80% of funding based on twelve months of expenditures if the county spends at a reasonable level consistent with the funding plan. The county must have an unexpended balance for the delayed period to carry forward into the new period of within 10% less any start up costs. The one-year percentage FY2012 Discretionary Grant Program - Requests for Applications (RFA) Page 8 of 16 pages of funding amounts will be calculated from the first month of initial county expenditures rather than the initial grant period. If approved, the county will enter into the succeeding grant period with the previous match funding for the length of the delayed funding. The remainder of the renewed grant period will be the current fiscal year match. This process will carry forward each year that the program is renewed until the final (fourth) year. The final contract will be written for the length of time to complete the funding schedule transaction at the appropriate percent match. Example: ABC County receives an initial $100,000 four-year grant beginning October 1. 2011, with the Task Force reimbursement percentages equaling 80% in the first grant year, 60% in the second, 40% in the third, and 20% in the fourth. However, ABC County does not begin spending for the program until April 1, 2012. The county applies and is approved to receive continued funding for the grant year beginning October 1, 2012. The county may receive 80% funding through March 31, 2013, which is eighteen months from the beginning of the initial grant period but only one year from the beginning of the county expenditures. hh. Limit on Equipment for Third Party Contracting of Legal Services - Counties that contract with third parties to provide direct client indigent defense services may have included one-time purchase of equipment in the grant application. They may not include in _ the contract the amount with the third party the full costs of the equipment line item into future funding years. FY20 12 Discretionary Grant Program - Requests for Applications (RF A) Page 9 of 16 pages . . - ~---o .-- - - Writing the Intent to Submit an Application (Tier One) Applicants must complete an online Intent to Submit an Application (lSA) before developing a full application. The ISA will allow for counties to name the grant officials, provide a title to the program and state the estimated total project costs, keeping in mind that the amount may change in the full application. The ISA will include four parts: problem statement, program goals, activity and evaluation. The ISA must be limited to one program and will be a short and succinct description of an indigent defense improvement the courts or county want to implement. The ISA may not exceed the space provided in the on-line submission boxes. Any text beyond the word limit will be discarded. After review of the ISAs, the grant administrator will provide a Notice to Proceed in writing to those counties that best meet the stated Priority Funding and Program Requirements sections. Improvements and suggestions may be included with the Notice to Proceed from the grant administrator. Writing the Full Application (Tier Two) If the Grant Administrator provides a Notice to Proceed with the final application, the county may log into the system and complete the other portions of the application. Each application must have a narrative section that describes. to the Task Force the proposed activity: The narrative portion of the application consists of seven sections that must be addressed by each county. Additionally, an online budget form must be completed. Each of these elements must be completed for the application to receive full consideration. An incomplete or blank section decreases the likelihood of the program receiving funding because no score will be assigned to missing information. The online system will accept basic formatting and simple tables. Provide all information in the on-line system that the reviewers need to score the application. The submission requirements above provide instructions on how to submit additional information if it is necessary. The sections are: a. Introduction (Executive Summary) - In one hundred (100) words or less, describe the program and the main goals to be addressed. This paragraph will be the abstract of the project which will be used for labeling purposes. Clearly state what the program will do and goals that will be met if the program were funded. The summary would be most useful if it were prepared after the application has been developed in order to encompass all the key summary points necessary to communicate the project. b. Problem Statement - Describe the issue or problem the proposed activity is intended to improve or correct. Make a clear, concise, and well-supported statement of the problem to be addressed. Provide any formal or informal data collection and analysis related to the problem and purpose for the application. Include information about the program beneficiaries, social and economic costs, alternatives that are in place, and resources currently used. Use quantitative and qualitative data. c. Objectives - Develop clear targets for action that the program will accomplish tied to the activities. Answer why the proposed program will solve the problem stated above. i. Objectives must be related to the program in this application and the funds requested. ii. Objectives must be time/date specific and measurable. 111. Objectives are the basis for the evaluation and progress reports. iv. Objectives must be consistent with the goals and Problem Statement d. Methodology or Project Design (Activities) - Describe the specific activity the county will conduct if funded. 1. Include detailed instructions of step by step procedures that will take place to perform the program and the resources needed to complete each task. FY2012 Discretionary Grant Program - Requests for Applications (RFA) Page 10 of 16 pages II. Make sure to incorporate the reqUIred elements tor the types ot programs lIsted on Attachment C. 111. Include startup tasks to begin and the on-going program activities that staff will have to perform to implement the program. IV. Write this section so that outsiders unfamiliar with local conditions are able to read this section and know exactly what the county plans to do. v. Provide justification related to effectiveness and/or economy of the method proposed. Include supporting research on this method if available. Highlight distinctive elements of the application that make this program more desirable than other alternatives. VI. Describe whether the existing staff and/or contractors will perform tasks, reports, etc. or if new persons will need to be hired. If contract, include information on selection process. VB. If the application incorporates a component into an existing process or program, clarify how the process is different. e. Evaluation - Develop reporting methods on how the proposed activity goals are measured. i. Evaluation must be linked directly to the objectives and methodology. The evaluation must measure both the progress you make toward implementing the grant funded activity and the effect of the program once it is in operation. II. Measure the attainment of objectives in a specific and tangible manner (ex... applications of indigency and request for appointed counsel will be accepted and stored in a file drawer); BI. Measures must be quantifiable (ex. ..200 applications and requests are estimated); IV. Measures must be time specific (ex...the applications and requests will be counted from February to January and reported monthly); v. Measures must identify the manner in which they will be recorded for future review (ex...a report or screenshot of the programming results, affidavit of acceptance of work, or summary database). VI. The evaluation provides meaning to the program objectives. The measure of success is determined by the goals and objectives of the proposed activity. Write the method that milestones, accomplishments, and timelines will be tracked and recorded, including: Who will record, What will they record, and When will they record. VB. Evaluations must demonstrate how the program impacts other county processes when applicable. The evaluation reports are submitted during and after the implementation phase and in accordance with UGMS. Evaluations are both fiscal and programmatic. Process evaluations may also be included. f. Future Funding- Include information on how the proposed activity fits into the county's long-term indigent defense financial systems. g. Budget Narrative and Budget Form - (a narrative is required in addition to completing the form) Counties will submit the online budget form. Budgets must clearly state the costs of executing the program. The budget narrative justifies all expenses and must be consistent with the methodology or project design. i. Include all costs necessary to implement the proposed activity. II. Provide a narrative to justify all budgeted expenses. This narrative must correspond to the activities sections. Items in the budget not stated in the activity will be removed. 111. Indicate in the budget and narrative the start-up costs or non-reoccurring for multi-year grants. IV. Indirect costs are allowable but will not be considered competitive if above 10%. v. The equipment line requires a list of equipment to be purchased. All equipment must be purchased in the first year of the grant unless permission is granted from the Task Force in writing. Otherwise, the equipment costs will not factor into the total proiect cost in subsequent years of funding. VI. Do not budget expense items that are not part of the application. FY20 12 Discretionary Grant Program - Requests for Applications (RF A) Page 11 of 16 pages Attachment A SAMPLE Required Resolution/Internet Submission Form DO NOT USE THIS IS A SAMPLE AND MUST BE PRINTED FROM ON-LINE SYSTEM Indigent Defense Discretionary Grant Program SAMPLE OF THE ON-LINE FORM GENERATED BY SYSTEM WHEREAS, under the provisions of the Texas Government Code Section 71.062 and Texas Administrative Code Chapter 173, 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, the commissioners court authorizes this grant program and application to assist the county in the implementation and the improvement of the indigent criminal defense services in this county; and MUST BE PRINTED FROM ON-LINE SYSTEM WHEREAS, County Commissioners Court has agreed that in the event of loss or misuse of the funds, 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 OFFICIAL DESIGNATED BY THE COMMISSIONERS' COURT of this county is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Indigent Defense Discretionary Grant Program and all other necessary documents to accept said grant; and BE IT FURTHER RESOLVED that the OFFICIAL DESIGNATED BY THE COMMISSIONERS' COURT is designated as the Program Director for this grant and the County Auditor or County Treasurer if the county does not have an auditor (per T AC &173.301(a)(2)) is designated as the Financial Officer for this grant. Adopted this day of ,2010. This is a Sample and MUST BE PRINTED FROM ON-LINE SYSTEM County Judge Attest: County Clerk SAMPLE - MUST BE PRINTED FROM ON-LINE SYSTEM- Do not use this form INTERNET SUBMISSION FORM After submitting the discretionary application on-line, the following Internet submission confirmation number was received #. . This grant application submission was in accordance with the Commissioners Court Resolution above. Authorized Official SAMPLE -MUST BE PRINTED FROM ON-LINE SYSTEM FY20I2 Discretionary Grant Program - Requests for Applications (RFA) Page 12 of 16 pages Attachment ~ Sample INDIGENT DEFENSE MULTI-YEAR DISCRETIONARY GRANT PROGRAM COOPERATION AGREEMENT PLEASE EDIT THIS SAMPLE AGREEMENT TO INDICATE THE LEVEL OF SlJPPORT OR PARTICIPATION THE COURTS WILL HA VE WITH THE PROGRAM. YOU DO NOT NEED TO HAVE ALL JUDGES SIGN IF THEY TOOK OFFICIAL "BOARD OF JUDGES" ACTION TO APPROVE PROGRAM SUPPORT. County has applied for a discretionary grant from the Task Force on Indigent Defense (Task Force) to assist in funding program. Implementation of this program will affect the courts below. The undersigned judges agree to support and/or participate with the program pursuant to the county's discretionary grant application to the Task Force and any special conditions of the grant award to the county. This commitment includes participating in the data collection efforts required in the program, as well as utilization of the services to be provided by the program. To be considered for funding this program cooperation agreement must be signed by the judges of all of the statutory county / district courts hearing criminal matters punishable by incarceration or juvenile matters in the county. Acknowledged and Approved by all statutory county / district courts hearing criminal matters punishable by incarceration or juvenile matters in the county: Signature of Local Administrative District Judge Date Printed Name and Title Signature of Local Administrative Statutory County Judge Date Printed Name and Title Signature of Judge serving as Chair of the Juvenile Board Date Printed Name and Title Signature of Judge Date Printed Name and Title Signature of Judge Date Printed Name and Title Signature of Judge Date Printed Name and Title Signature of Judge Date Printed Name and Title Signature of Judge Date Printed Name and Title FY2012 Discretionary Grant Program - Requests for Applications (RFA) Page 13 of 16 pages KeqUlrea t"roaram t:lements _LLa"lftll~IIL \J Required Program Elements The Task Force has funded several programs in the categories listed below. In addition to general program requirements above, these specific types of programs must contain the following required program elements to be considered for funding. Please incorporate these elements in the application that you write. 1) Indigent Defense Coordinators (IDC) - IDCs have been funded to institutionalize indigent defense processes into the courts of a county or region. They are dedicated to improving the appointment process and providing documentation that a county is in compliance with the Fair Defense Act. IDCs reduce administrative time of judges spent on appointments. They can also enhance processes for fair, neutral and non-discriminatory appointment practices. A clear and objective standard of indigence with a timely appeal process to the courts in case of denial by the IDC ensures success of these programs. IDCs are not to be confused with court administrators, secretaries, or court docket managers. Required Program Elements a) Must perform all appointments (in and out of court) as the designee of the judge or judges b) Must maintain the rotation default system on assigned counsel systems and monitor the frequency and rea50ns of exception for off list appointments c) Must r~ort summary of appointment data to judges at least monthly ,;0:... d) Must manage the graduated list of court appointed attorneys for judges and receive applications for adv.ancements or adjustments as higher qualifications are met by attorneys e) Must ntoriitor appointment list and attorneys' completion of continuing legal education (CLE) to meet minimum requirements of local plan and Task Force rules f) Must review invoices submitted by attorneys and compare to appointment schedule prior to j udiciaFapproval g) Must review, manage and update local indigent defense planes) h) Perform training for law enforcement, magistrates, local bar, and other stakeholders on indigent defense planes) adopted by courts i) Report (lirectly to the judges (rural) or board of judges (mid-size or urban) j) Develop procedures to track attorney contact which includes tracking investigating and reporting allegations of attorneys not meeting their clients within statutory or plan requirements k) Must involve all courts in the jurisdiction (rural and mid-sized) or all of the judges of a type of court (urban) 2) Video Teleconference - The Task Force has funded programs that use technology to provide better representation or promote prompt appointment requirements. The courts can use the technology to remediate the effects of geography or volume on court processes. An acceptable VTC system will focus on improving indigent defendants' access to effective assistance of counsel. It also may also help the county meet prompt appointment or prompt attorney contact requirements of the Fair Defense Act. Currently, there are three known types of video-teleconference indigent defense grants: A. Attorney/Client meetings - The video-teleconference system is used to promote clients' contact with their attorneys as soon as practical but certainly prior to a court appearance. B. Magistration - The prompt appointment requirements in the Fair Defense Act can be met by using the video-teleconference system to bring isolated magistrates to the defendants via technology. C. Indigency determinations and applications for court appointed counsel - The court may use the technology to conduct the interview to determine indigency or to hear defendants' request for court appointed counsel Required Program Elements a) Must meet the needs of local attorneys on the appointment list and involves the local defense bar in the planning stages FY20 12 Discretionary Grant Program - Requests for Applications (RF A) Page 14 of 16 pages "" JI. _ _ p _ F") 1\A~H"t J......<:lO HC".<:lO.rl to. ~.<:lO~t '1I_C"r"\cH....;h,-.. ~l&:an-\,:3nt ra.f th&:a 'Rg;r n&:a.f&:anc&:a A.~t (&:a n inrlinpn.....v rlptprtnin~ti{")n includes a countywide process change in magistration, attorney/client meetings, etc...) c) Must be used to meet a specific element of the Fair Defense Act (e.g. indigency determination, magistration, attorney contact, etc.. ..) d) Must involve sheriff, jail administrator and other law enforcement as applicable e) Must be purchased from the DIR contract (see program requirements) f) Must include the price of at least three years of maintenance g) Must demonstrate that it is able to connect to one other funded or previously funded county h) Must be able to communicate with other court systems (open or shared technology) 3) Purchase of Information Technology Products - Many IT products may be considered for funding only in relation to how they improve local indigent defense processes. Any project allowed under this type of purchase must clearly focus on improving indigent defendants' access to effective assistance of counsel. These projects often reduce administrative time of judges and court staff involved in the appointment or payment process. Required Program Elements a) Must meet the needs of local attorneys on the appointment list and involve the local defense bar in the planning stages b) Software programming must be portable to other jurisdictions c) The IT. product may not be a common business practice items that is expected to be found in any county (example- fax machine, telephone, etc...) d) The product must have clearly defined activity, summary, and management reports e) Must avoid use for general court processes 4) Public Defender Offices and Direct Client Services - Establishing public defenders, regional public defenders, mental health defender and juvenile defender services are major priorities of the Task Force. Direct client services are the most likely to receive funding. Required Program Elements a) Must focus on serving people b) Must demonstrate broad-based support of the local judiciary c) Must involve the local defense bar in the planning stages d) Must involve a clear appointment/referral and intake processes e) Public defender offices must demonstrate the use of the Task Force on Indigent Defense Bluevrint for Establishing a Public Defender Office in Texas (second edition June 2008) f) Must include adequate access to support services including secretaries and investigators (lawyer to support staff ratio) g) Must have defined caseload/workload standards h) Must have internal case management/tracking controls sufficient to monitor attorney caseload/workload i) Must have ability to produce other reports that enable the office to evaluate its own performance and demonstrate its cost-effectiveness to other local defense systems j) Emphasis on staff training/supervision/evaluation to continually improve office performance 5) Mental Health Direct Client Services - Establishing Mental Health indigent defense programs has been a priority of the Task Force for many years. Required Program Elements a) A written plan must be developed how the program will interface with and not duplicate existing resources (MHMR, TDCJ Reintegration, CSCD, etc....) available to people with mental health Issues b) Must involve the local defense bar in the planning stages FY20 12 Discretionary Grant Program - Requests for Applications (RF A) Page 15 of 16 pages Final Checklist for Submitting a Grant Application (Two Tier Process) Please verify that you have completed the following steps: Tier One o Develop and research an idea or procedure that would directly serve clients or improve provision of indigent defense services in the county, courts, or jurisdiction(s). o Log onto http://ttid.tamu.edu (Follow on-line page instructions if log-in information is needed). o Look at the online screen and verify that the appropriate judicial officials have submitted county- wide plans and that their plans meet the grant eligibility requirements. * o Select type of grant. The application must indicate if you are applying for a single-year or new multi- year discretionary grant. o Complete the abbreviated Intent to Submit an Application (ISA) that includes problem statement, objectives, activities and evaluation. ISA must be submitted on-line by 5:00 PM on February 25, 2011. o Secure a letter of support from at least one judge involved in the indigent defense process. Mail or fax the letter of support on or before 5:00 PM on February 25, 2011 **. Resolutions are not required by the Task Force until Tier Two but local rules may require commissioner court approval. Tier Two o After review by the grant administrator, the county may be asked to submit a . application with or without comments, or a letter will be sent indicating the program does not adequately meet priorities and program requirements for these funds. o If the Grant Administrator provides a Notice to Proceed with Application: Type or copy/paste your written information into each required section. All full applications must be must be submitted on- line by 5:00 PM on April 29, 2011. o Secure written documentation of support from courts, commissioners (resolution), or other parties involved in or affected by the process. o Submit the Resolution/Internet Submission Form and court commitments/support along with any other supporting documents to certify the application complete. All supporting documents should be scanned and emailed or mailed together* *. These documents must be submitted on or before April 29,2011. *Counties that do not meet plan eligibility requirements should contact the Task Force Special Counsel to resolve any compliance issues immediately. ** The preferred method of submission is scanned and e-mailed. If documents are mailed then they must be postmarked by the submission date. FY20 12 Discretionary Grant Program - Requests for Applications (RF A) Page 16 of 16 pages ENFORCEMENT OFFICER AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve the Renewal of Contract with AT&T for cellular phone with the Code Enforcement Officer and authorize Judge Pfeifer to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. at&t 361-550-0281 /NMP450RUMM5KNW $39.99 24 Anytime/Daytime Minutes: ";".;~::.::::',::<::.: --">:",,0"'::-:.:_' -~J', Ni~;nt!~WV'i,eekel1l'l'Minutes: Mobile to Mobile Minutes: 'llJJ!~gn\'(je/One Til11e Fee: 450 5000 Unlimited in US $18.00 "Additional charges apply. See page 2 for details. . Eligible voice & data plan for iPhone required. . 2GB of data (US Only). $10/lGB of add'l data. . Unlimited AT&T Wi-Fi Basic Hotspot usage. . Visual Voicemail MINUlliS . Calls made to and from other AT&T customers in your mobile to mobile calling area do not count against Anytime Minutes. Minutes do not rollover (exceptions may apply) . Mobile to Mobile minutes only apply in the US . For use in your calling plan area only . Mon. - Fri. 9pm to 6am . Sat. and Sun. 24 hours a day through 6am Mon. . Minutes do not count against Anytime Minutes FIEATURE$ Inc:ll:lded . To review additional features on your plan please visit att.com/wireless for details UlP~(ClCh1 wt;nt iv 3lY t-- 5w/01 ~ 0 Generated on: 11/09/2010 ui2sc CALHOUN COUNTY ..' rpr1n Set Up Mailbox/Check Messaqes Tap t! on home screen. Tap Voicemail and follow the prompts. Check Messages From Another Phone 1. Dial your 10-digit wireless phone number. 2. When the greeting begins, PRESS '* 3. Enter your password and follow the prompts. Forgot Your Password? Dial 611 and follow the prompts to reset. To learn more about Visual Voicemail features and security, go to: att.com/WirelessHelp. Customers. with an existing voicemail account should review current messages before setting up Visual Voicemail. Existing messages will be deleted once your Visual Voicemail account has been established. Web: att.com/biztech Win'tE'ss PhonE!: 611 Business Customer Care: 1-800-331-0500 Access our automated phone systems to pay your bill, check your minutes and more! Manage your account online! View your minutes, add features and access this document by registering for Premier Online Care at: wi reless.att.co m /bu si n esse a re. Start Of Billing Cycle: 19th of the month Wireless Summary For: CALHOUN COUNTY 361-550-0281 Monthly Service Charges Rate Plan Previous Rate Plan Period Prorated Monthly Total ! Charge Charge charge! Current Rate Plan , /NATP4CiOFWt-1M5KNW I I ! , , i , , i 39.99[ i I 11/19-12/18 3c.JCJ9 $1.99/call + Airtime 20C (25C/50C Intl.)/message. 30C/message. $25.00 per month --i ! for messages sent and received. Rates differ if text plan selected. US; International plans available. Minutes apply to Visual Voicemail from mobile. 33.3-3 30-Day Equipment Return Policy . Returns/exchanges must be like new and include all original packaging, accessories, manuals, and proof of purchase. . No exchanges on Closeout items. . iPhone returns subject to a 10% re- stocking fee except where prohibited. . Authorized Retailer and Other Locations: See the specific location's return policy. .30DdY Service Caflceti.ation . Payment required for services used. . Activation fee will be refunded if termination occurs within 3 days of activation. . See our complete policy at: att.com/ReturnPolicy. Wireless Phone Insurance Asurion offers MobileProtect'M, Insurance for your iPhone@. See mymobileprotect.com for details. Other Services .o.lUA~""(jfH13hone WITH VISUAL VOICEMAIL 11/09-12/1g R 11 25.0D dtb Credits, Adjustments & Other Charges. Up~Fade/One Tirne Fee Activation Fee lBDO 18.00 .66 .66 3.36 3.36 2.22 2.22 .64 .64 Regulatory Cost Recovery Charge I Federal UniversaL Service Fund I State Universal Service Fund Other AT&T Surcharges iPhone dnd All iPhone warranty and repair is handled by Apple at www.apple.com/support or 1-800-MY-iPHONE or Apple RetaiL stores with an appointment. New iPhones have a one year hardware manufacturer's warranty. Refurbished iPhones may differ. Warranty replacement iPhones may be refurbished .AT&T imposes a Regulatory Cost Recovery Charge of up to a $1.25 to help defray costs incurred in complying with State and Federal telecom regulation; State and Federal Universal Service charges and surcharges for government assessments on AT&T. These are not taxes or government required charges. .. The estimates above are based on the highest tax/fee/surcharge rates assessed in your state; actual charges may vary. For actual state percentages, visit att.com/AdditionaICharges. To prevent unauthorized charges, notify AT&T immediately if your phone is lost or stolen. Your rate plan brochure/contract controls if inconsistent with this document. ((12010 AT&T Intellectual Property. All rights reserved. AT&T, AT&T logo and all other marks contained herein are traderm3rks of AT&T Intellectual Property and/or AT&T affiliated companies. Your agreement with Ar&T consists of: 1. The Wireless Customer Agreement #FMSTCT09l00172E and its arbitration clause, and 2. The rates and other details about the rate plan in the Customer Service Summary or at att.com/wireless. Early Termination Fee If I terminate this Agreement before expiration of my Service Commitment, I will pay AT&T an Early Termination Fee of $325 minus $10 for each full month of my Service Commitment that I complete for each wireless telephone number associated with the service. Guaranty If I am signing on behalf of an entity, I represent that I am authorized to sign on its behalf, and I agree to be jointly responsible with the entity for payment of any sums that become due under, and to be bound by, this Agreement. I agree you can collect directly from me without first proceeding against the entity. ScrvicelCoveraqe Limitations Service is not available at all times in all places. There are gaps in coverage within the service areas shown on maps. iPhone and Certain Other Dr:vices Eligible voice and data plans are required for iPhone and certain other devices. The data plans do not cover international data charges. I agree that AT&T may add required plans to my account and bill me the appropriate monthly fee if I use an iPhone or other device that has plan requirements. Optional Roadside !\ssistapce is frorn Enroll for $2.99/month and get the first 30 days free. After the free period the charge is $2.99/month per line. You may cancel at any time by contacting AT&T. I may terminate this Agreement within 30 days after activating service without paying an Early Termination Fee. I will pay all fees and charges incurred through the termination date, but AT&T will refund any activation fee if I terminate within three days of activation. Also, I may have to return any handsets and accessories purchased with this Agreement and pay any applicable restocking fees. If I terminate after the 30th day but before the Agreement's Service Commitment has expired, I will pay AT&T an Early Termination Fee for each wireless telephone number associated with the service. Hobile Content I understand that wireless devices can be used to purchase goods, content, and services (including subscription plans) like ring tones, graphics, games, and news alerts from AT&T or other companies. I understand that I am responsible for all authorized charges associated with such purchases from any device assigned to my account, that these charges will appear on my bill (including charges on behalf of other companies), and that such purchases can be restricted by using parental controls available from an A T& T salesperson, at att.com/wireless, or by calling A T& T. Wneless Phone insurance Is /wailable If not already enrolled, ask about optional Wireless Phone Insurance. If eligible, you have 30 days from the date of activation or upgrade to add it. Provided by Asurion Protection Services, underwritten by CNA. See brochure for complete terms and conditions. Key terms include: . Premium: $4.99/month . Non-refundable Deductible: from $50-$125/per claim. . Limits: Two claims per 12 months; maximum replacement value of $1500/per claim. . Replacements may be refurbished or different model. . Cancel at any time for a prorated refund of the monthly charge. . iPhone is not eligible for insurance through AT&T but is available through Asurion at mymobileprotect.com. I have reviewed and agree to the rates, terms, and conditions for the wireless products and services described in the Wireless Customer Agreement (including limitation of liability and arbitration provisions) and the Customer Service Summary. If buying an iPhone, I agree that use of the iPhone acts as an acceptance of the Apple and third party terms and conditions included with the iPhone. Aqreement Start Date: Deposit Amount: Dealer/Sales Code: 11/09/10 $0 22MK2 012541005784283 89014103211785596952 Ifv'\EI: SIM: You will sign this agreement electronically. 1. If you do not sign using a signature capture device, dial "862 from your phone or 1-866-895-1092. 2. Listen and follow the prompts. 3. Upon completion, your phone will be activated. If electronic signature is not available, please sign below: Signature STATE AND LOCAL GOVERNMENT MASTER AGREEMENT WITH IKON OFFICE SOLUTIONS, INC. AND AUTHORIZE THE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve the State and Local Government Master Agreement with IKON Office Solutions, Inc. and authorize Judge Pfeifer to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ~ - /'., .~ ..::l?t J CUSTOMER INFORMATION - Document Efficiency IiiIII At Work: AllltOH tQMfANY Number: Full Legal Name COUNTY OF CALHOUN Address 211 SOUTH ANN STREET City I State 1 Zip I Contact I Phone PORT LA V ACA TX 77979 CINDY MUELLER 361-553-461 0 Facsimile.Number 1 E-mail Address 361-553-4614 cindy .mueller@calhouncotx.org This Master Agreement ("Master Agreement") has been written in clear, easy to understand English. When we use the words "you", "your" or "Customer" in this Master Agreement, we mean you, our customer, as indicated above. When we use the words "we", "us", or "our" in this Master Agreement, we mean IKON Office Solutions, Inc. Our corporate office is located at 70 Valley Stream Parkway, Malvem, PA 19355. '1. Agreement. We agree to rent to you, and you agree to rent from us, subject to the terms of this Master Agreement, the personal and intangible property described in any equipment schedule (a "Schedule") executed by you and us and incorporating the terms of this Master Agreement by reference. Each Schedule shall be separately enforceable as a complete and independent agreement, independent of all other Schedules to this Master Agreement. The personal and intangible property described on a Schedule (together with all attachments, replacements, parts, substitutions, additions, repairs, and accessories incorporated in or affixed to the property and any license or subscription rights associated with the property) will be collectively referred to as "Product". The manufacturer andlor vendor of the tangible Product shall be referred to as the "Vendor", To the extent the Product includes intangible properly or associated services such as periodic software licenses and prepaid data base subscription rights, such intangible property shall be referred to as the "Software", 2, Schedules' Deliverv and Acceotance. Each Schedule that' incorporates this Master Agreement shall be governed by the terms and conditions of this Master Agreement, as well as the terms and conditions set forth in such individual Schedule. The termination of this Master Agreement will not affect any Schedule executed prior to the effective date of such termination. When you receive the Product, you agree to inspect it to determine it is in good working order. Scheduled Payments (as specified in the applicable Schedule) will begin on the Product delivery and acceptance date ("Effective Date"). You agree to sign and return to us a delivery and acceptance certificate (which, at our request, may be done electronically) within three (3) business days after any Product is installed. 3: Term' Pavments. The first scheduled Payment (as specified in the applicable Schedule) ("Payment") will be due on the Effective Date. The remaining Payments will be due on the same day of each subsequent month, unless otherwise specified on the applicable Schedule. If any Payment or other amount payable under any Schedule is not paid within ten (10) days of its due date, you will pay to us, in addition to that Payment, a one-time late charge of 5% of the overdue Payment (but in no event greater than the maximum amount allowed by applicable law). You also agree to pay all shipping and delivery costs associated with the ownership or use of the Product, which amounts may be included in your Payment or billed separately. You also agree that, except as expressly stated in Section 19 below, 1HIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT FOR 1HE MINIMUM TERM INDICA TED ON ANY SCHEDULE TO THIS MASTER AGREEMENT All payments to us are "net" and are not subject to set off or reduction. You agree that you will remit payments to us in the form of Company Checks, (or Personal Checks in the case of sole proprietorships), Direct Debit or Wires only. You also agree that cash and cash equivalents are not acceptable forms of payment for this Master Agreement or any Schedule and that you will not remit such forms of payment to us. Payment in any other form may delay processing or be returned to you. Furthermore, only you or your authorized agent as approved by us will remit payments to us. 4. Product Location' Use and Reoair. You will keep and use the Product only at the Product Location shown in the applicable Schedule. You will not move the Product from the location specified in the applicable Schedule or make any alterations, additions or replacements to the Product without our prior written consent, which consent will not be unreasonably withheld. At your own cost and expense, you will keep the Product eligible for any manufacturer's certification as to maintenance and in compliance with applicable laws and in good condition, except for ordinary wear and tear. You may elect to separately engage us to provide maintenance and support services pursuant to a separate agreement for such purpose ("Maintenance Agreement"). All alterations, additions or replacements will become part of the Product and our property at no cost or expense to us. We may inspect the Product at any reasonable time. 5. Taxes and Fees. In addition to the payments under this Master Agreement, to the extent you are not exempt under applicable law, you agree to pay all applicable taxes, fees (including, without limitation, an administrative fee for the processing of applicable taxes, assessments or fees which may be due and payable under this Master Agreement or any Schedule), and filing costs related to the use of the Product, even if billed after the end of the term of this Master Agreement or any Schedule. If we are required to file and pay property tax, you agree at our discretion, to either (a) reimburse us annually for all personal property and other similar taxes and governmental charges asso~iated with the ownership, possession or use of the Product, or (b) remit to us each billing period our estimate of the pro-rated equivalent of such taxes and governmental charges included in the Payment. In the event that the Payment includes personal property and similar taxes, you acknowledge and agree that such amount represents our estimate of such taxes that will be payable with respect to the Product during the term of this Master Agreement or any Schedule and that we will be entitled to retain any excess collections (which may be profit to us) and, alternatively, that we will bear the risk to the extent the actual taxes exceed what we collected through your estimated payments made pursuant to this paragraph. If you are required to file and pay the taxes directly to the tax collector, we will notifY you; and you agree to file all property tax returns and promptly pay all property taxes which may be assessed against the Product. A valid sales and use tax exemption certificate must be provided to us within ninety (90) days of the first invoice to receive a credit/waiver of sales tax. 6. Warranties. We transfer to you, without recourse, for the term of each Schedule, any written warranties made by the Vendor or Software Supplier (as defmed in Section 10 of this Master Agreement) with respect to the Product rented pursuant to such Schedule. YOU ACKNOWLEDGE THAT WE DO NOT MANUFACTURE OR DESIGN 1HE PRODUCT. YOU ACKNOWLEDGE 1HAT YOU HAVE SELECTED THE PRODUCT BASED ON YOUR OWN JUDGMENT AND YOU HEREBY AFFIRMATIVELY DISCLAIM RELIANCE ON ANY ORAL REPRESENTATION CONCERNING THE PRODUCT MADE TO YOu. However, if you enter into a Maintenance Agreement with us with respect to any Product, no provision, clause or paragraph of this Master Agreement shall alter, restrict, diminish or waive the rights, remedies or benefits that you may have against us under such Maintenance Agreement. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AS TO US, YOU RENT THE PRODUCT "AS-IS". YOU AGREE 1HAT, NOTWI1HSTANDING ANY1HING TO THE CONTRARY, WE ARE NOT RESPONSIBLE FOR, AND YOU WILL NOT MAKE ANY CLAIM AGAINST US FOR, ANY CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES. 7. Loss or Dama~e. You are responsible for any theft, destruction of, or damage to, the Product (collectively, "Loss") from any cause at all, whether or not insured, from the time of Product delivery to you until it is delivered to us at the end of the Schedule. You are required to make all Payments. even if there is a Loss. You must notifY us in writing immediately of any Loss. Then, at our option, you will either (a) repair the Product so that it is in good condition and working order, eligible for any manufacturer's certification, (b) pay us the amounts specified in Section 12 below, or (c) replace the Product with equipment of like age and capacity from us. 8. Claims Liability and Insurance. (a) To the extent permitted by applicable law, the parties to this Master Agreement will indemnif'y, defend and hold each other harmless from all claims arising out of the death or bodily injury of any agent, employee or business invitee of the indemnified party or the damage, loss or destruction of imy tangible property of the indemnified party to the extent caused by the negligence or intentional acts or omissions of the indemnifying party. (b) Because you have sole possession and control of the Product, you are responsible for any damage, injury or loss caused by (or to) the Product resulting from the use, misuse or possession of the Product or any accident or other casualty relating to the Product. We are responsible for damage or injury to third persons to the extent the damage or injury is caused by our negligent acts or omissions. You agree to maintain insurance to cover the Product for all types of loss, including, without limit, theft, in an amount not less than the full replacement value and you will name us as an additional insured and loss payee on your insurance policy. Such insurance will provide that we will be given thirty (30) days advance notice of any cancellation. You agree to provide us with evidence of such insurance in a form reasonably satisfactory to us. If you are self-insured SLG MA 02.10 1-888-ASK-IKON www.ikon.com IKON Office Solutions<lt> and IKON: Document Efficiency At Wor.k@/ARicohCompanyare trademarks ofJKON Office Solutiolt<;;, Inc. .~ Ricoh<!l> is a reg.istered trademark of Ricoh Compa.ny, Ltd. Page 1 of 3 ~/ with respect to the Product, you shall maintain during the term of each Schedule to this Master Agreement a self-insurance program reasonably satisfactory to us and shall provide to us evidence of such program. In the event of loss or damage to the Product, you agree to remain responsible for the payment obligations under this Master Agreement until the payment obligations are fully satisfied. 9. Title" Recording. We are the owner of and will hold title to the Product (except for any Software). You will keep the Product free of all liens and encumbrances. Except as reflected on any Schedule, you agree that this Master Agreement is a true rental. However, if any Schedule is deemed to be intended for security, you hereby grant to us a purchase money security interest in the Product covered by the applicable Schedule (including any replacements, substitutions, additions, attachments and proceeds) as security for the payment of the amounts under each Schedule. You authorize us to file a copy of this Master Agreement and/or any Schedule as a fmancing statement, and you agree to promptly execute and deliver to us any fmancing statements covering the Product that we may reasonably require; provided, however, that you hereby authorize us to file any such fmancing statement without your authentication to the extent permitted by applicable law. 10. Software or Intangibles. To the extent that the Product includes Software, you understand and agree that we have no right, title or interest in the Software, and you will comply throughout the term of this Master Agreement with any license and/or other agreement ("Software License") entered into with the supplier of the Software ("Software Supplier"). You are responsible for entering into any Software License with the Software Supplier no later than the Effective Date. 11. Default. Each of the following is a "Default" under this Master Agreement and all Schedules: (a) you fail to pay any Payment or any other payment within thirty (30) days of its due date, (b) any representation or warranty made by you in this Master Agreement is false or incorrect and/or you do not perform any of your other obligations under this Master Agreement or any Schedule and/or in any other agreement with us or with any of our affiliates and this failure continUes for ten (10) days after we have notified you of it, or (c) you become insolvent, you dissolve or are dissolved, or you assign your assets for the benefit of your creditors, or you file or have filed against you any bankruptcy or reorganization proceeding. 12. Remedies. If a Default occurs, we may do one or more of the following: (a) we may cancel or terminate this Master Agreement and/or any or all Schedules, and/or any or all other agreements that we have entered into with you; (b) we may require you to immediately pay to us, as compensation for loss of our bargain and not as a penalty, a sum equal to (i) all past due Payments and all other amounts then due and payable under this Master Agreement or any Schedule; and (ii) all unpaid Payments for the remainder of the term of each Schedule plus our anticipated value of the Product at the end of the initial term of any Schedule (or any renewal of such Schedule), such unpaid Payments and anticipated value to be discounted to present value at a rate equal to 6% per year to the date of default. We agree to apply the net proceeds (as specified below in this Section) of any disposition of the Product to the amounts that you owe us; (c) we may require you to deliver the Product to us as set forth in Section 14; (d) we or our representative may peacefully repossess the Product without court order and you will not make any claims against us for damages or trespass or any other reason; (e) we may exercise any and all other rights or remedies available to a lender, secured party or lessor under the Uniform Commercial Code ("UCC"), including without limit, those set forth in Article 2A of the UCC, and at law or in equity; (1) immediately terminate your right to use the Software including the disabling (on-site or by remote communication) of any Software; (g) demand the immediate return and obtain possession of the Software and re-license the Software at a public or private sale; (h) cause the Software Supplier to terminate the Software License, support and other services under the Software License, and/or (i) at our option, sell, re-lease, or otherwise dispose of the Product under such terms and conditions as may be acceptable to us in our discretion. Yau agree to pay all of our costs of enforcing our rights against you, including reasonable attorneys' fees, and all costs related to the sale or disposition of the Product including, without limit, incidental damages expended in the repossession, repair, preparation and advertisement for sale or lease or other disposition of the Product. If we take possession of the Product (or any Software, if applicable), we agree to sell or otherwise dispose of it with or without notice, at a public or private disposition and to apply the net proceeds (after we have deducted all costs, including reasonable attorneys' fees) to the amounts that you owe us. You agree that if notice of sale is required by law to be given, five (5) days notice shall constitute reasonable notice. You will remain responsible for any deficiency that is due after we have applied any such net proceeds. 13. Assignment. YOU HAVE NO RIGHT TO SELL, TRANSFER, ENCUMBER, SUBLET OR ASSIGN THE PRODUCT OR THIS MASTER AGREE!vlENT OR ANY SCHEDULE WITHOUT OUR PRIOR WRITTEN CONSENT (which consent shall not be unreasonably withheld). You agree that we may sell or assign all or a portion of our interests in the Product and/or this Master Agreement or any Schedule without notice to you even if less than all the Payments have been assigned. In that event, the assignee will have such rights as we assign to them but none of our obligations (we ""ill keep those obligations) and the rights of the assignee will not be subject to any claims, defenses or set offs that you may have against us. If you have entered into a Maintenance Agreement or supply agreement with us, such agreements will remain in full force and effect with us and will not be affected by any such assignment. You agree to acknowledge any such assignment in writing if so requested and to keep a complete and accurate record of all such assignments in a manner that complies with Section 149(a) of the Internal Revenue Code, and the regulations promulgated thereunder. 14. Renewal: Return of Product. After the Minimum Term or any extension of any Schedule to this Master Agreement, such Schedule will automatically renew on a month-to-month basis unless either party notifies the other in writing at least thirty (30) days prior to the expiration of the Minimum Term or extension of such Schedule; provided, however, that at any time during any month-to-month renewal, we have the right, upon thirty (30) days notice, to demand that you return the Product to us in accordance with the terms of this Section 14. During any month-to-month renewal, you shall pay the Minimum Payment each month until the Product is returned to us in accordance with the provisions hereof. Notwithstanding the foregoing, nothing herein is intended to provide, nor shall be intetpreted as providing, (a) you with a legally enforceable option to extend or renew the terms of this Master Agreement or any Schedule, or (b) us with a legally enforceable option to compel any such extension or renewal. At the end of or upon termination of each Schedule, you will immediately return the Product subject to such expired Schedule to us (or our designee), to the location designated by us, in as good condition as when you received it, except for ordinary wear and tear. We will bearshipping charges so long as replacement equipment is selected from IKON. Otherwise, you will bear all shipping, de-installing, and crating expenses of the Product and will insure the Product for its full replacement value during shipping. You shall ensure that you securely remove all data from all disk drives or magnetic media prior to returning the Product under this Master Agreement or any Schedule. You are solely responsible for selecting an appropriate removal standard that meets your business needs. 15. Miscellaneous. It is the intent of the parties that this Master Agreement and any Schedule shall be deemed and constitute a "fmance lease" as defined under and governed by Article 2A of the UCC. You agree that the terms and conditions contained in this Master Agreement and in each Schedule make up the entire agreement between us regarding the rental of the Product and supersede all prior written or oral communications, understandings or agreements between the parties relating to the subject matter contained herein, including without limitation, purchase orders. Any purchase order, or other ordering documents, will not modify or affect this Master Agreement or any Schedule, nor have any other legal effect and shall serve only the putpose of identifying the equipment ordered. You authorize us to supply any missing "configure to order" number ("CTO"), other equipment identification numbers (including, without limit, serial numbers), agreement/schedule identification numbers and/or dates in this Master Agreement or any Schedule. You acknowledge that you have not been induced to enter into this Master Agreement by any representation or warranty not expressly set forth in this Master Agreement. Neither this Master Agreement nor any Schedule is binding on us until we sign it. Any change in any of the terms and conditions of this Master Agreement or any Schedule must be in writing and signed by us. If we delay or fail to enforce any of its rights under this Master Agreement with respect to any or all Schedules, we will still be able to enforce those rights at a later time. All notices shall be given in writing and sent either (a) by certified mail or recognized overnight delivery service, postage prepaid, addressed to the party receiving the notice at the address shown on the front of this Master Agreement, or (b) by facsimile transmission, with oral confirmation, to the facsimile number shown below such party's signature on this Master Agreement. Either party may change its address or facsimile number by giving written notice of such change to the other party. Notices shall be effective on the date sent. Each of our respective rights and indemnities will survive the termination of this Master Agreement and each Schedule. If more than one customer has signed this Master Agreement or any Schedule, each customer agrees that its liability is joint and several. It is the express intent of the parties not to violate any applicable usury laws or to exceed the maximum amount of time price differential or interest, as applicable, permitted to be charged or collected by applicable law, and any such excess payment will be applied to Payments in the order of maturity, and any remaining excess will be refunded to you. We make no representation or warranty of any kind, express or implied, with respect to the legal, tax or accounting treatment of this Master Agreement and any Schedule and you acknowledge that we are an independent contractor and not your fiduciary. You will obtain your own legal, tax and accounting advice related to this Master Agreement or any Schedule and make your own determination of the proper lease term for accounting purposes. We may receive compensation from the manufacturer or supplier of the Product in order to enable us to reduce the cost of renting the Product to you under this Master Agreement or any Schedule below what we otherwise would charge. If we received such compensation, the reduction in the cost of renting the Product is reflected in the Minimum Payment specified herein. If you so request, and we permit the early termination of this Master Agreement or any Schedule, you agree to pay a fee for such privilege. You authorize us or our agent to obtain credit reports and make credit inquiries regarding you and your fmancial condition and to provide your information, including payment history, to .our assignee and third parties having an economic interest in this Master Agreement, any Schedule or the Product. 16. Governing Law. Jurisdiction. Waiver of Trial Bv JUry and Certain Rights and Remedies Under The Uniform Commercial Code. YOU AGREE THAT THIS MASTER AGREEMENT AND ANY SCHEDULES WILL BE GOVERNED UNDER THE APPLICABLE LAW FOR THE COMMONWEAL TH OF PENNSYL VANIA. YOU ALSO CONSENT TO THE VENUE AND NON-EXCLUSIVE JURISDICTION OF ANY COURT LOCATED IN EACH OF THE COMMONWEALTH OF PENNSYLVANIA AND THE STATE WHERE YOUR PRINCIPAL PLACE OF BUSINESS IS LOCATED TO RESOLVE ANY CONFLICT UNDER THIS MASTER AGREEMENT. THE PARTIES TO THIS MASTER AGREE!vlENT EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN THE EVENT OF A LAWSUIT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS AND REMEDIES CONFERRED UPON A CUSTOMER OR LESSEE BY ARTICLE 2A OF THE UCC THAT YOU MAY HAVE AGAINST US (BUT NOT AGAINST THE MANUFACTURER, ANY VENDOR OF THE PRODUCT). 17. Countemarts. Facsimiles. Each Schedule may be executed in countetparts. The countetpart which has our original signature and/or is in our possession shall constitute chattel paper as SLG MA02.IO 1-888-ASK-IKON www.ikon.com rKON Otlice SO\utiolls@nlld,IKON: Document E'fliciency At \VorbBl/A Ricoh Company are trad,e,marks of IKC)N ().f)ice Solutions, Inc, RicoMli is a registered tradenmrk of Ricoh Co:mlxmy:, ,Ltd. tomer Initials Page 2 of3 ~..;;...~ ~ that term is defined in the UCC and shall constitute the original agreement for all purposes, including, without limitation, (a) any hearing, trial or proceeding with respect to such Schedule, and (b) any determination as to which version of such Schedule constitutes the single true original item of chattel paper under the UCe. If you sign and transmit a Schedule to us by facsimile, the facsimile copy, upon execution by us, shall be binding upon the parties. You agree that the facsimile of a Schedule manually signed by us, when attached to the facsimile copy signed by you, shall constitute the original agreement for all purposes, including, without limitation, those outlined above in this Section. You agree to deliver to us upon our request the counterpart of such Schedule containing your original manual signature. 18. EssentJahtv During the term of this Master Agreement and any Schedule, the Product will be used solely for the purpose of performing one or more governmental or proprietary functions consistent with the permissible scope of your authority. You represent and warrant that the use of the Product is essential to performing such governmental or proprietary functions. 19. Non-Aoorooriation/Non-Substitution. (a) If all of the following shalf occur: (i) your governing body fails to appropriate sufficient monies in any fiscal year for rentals or other payments due under any Schedule to this Master Agreement for any equipment which will perform services and functions which in whole or in part are essentially the same services and functions performed by the Product covered by any such Schedule, (ii) other funds are not available for such payments, and (iii) the non-appropriation of funds did not result from any act or failure to act on your part, then a "Non-Appropriation" shall be deemed to have occurred. (b) If a Non-Appropriation occurs, then: (i) you must give us irnmediate notice of such Non-Appropriation and provide written notice of such failure by your governing body at least sixty (60) days prior to the end of the then current fiscal year or if Non- Appropriation has not occurred by such date, immediately upon Non-Appropriation, (ii) no later than the last day of the fiscal year for which appropriations were made for the rental due under any Schedule to this Master Agreement (the "Return Date"), you shall return to us all, but not less than all, of the Product covered by such Schedule to this Master Agreement, at your sole expense, in accordance with the terms hereof; and (iii) any Schedule to this Master Agreement shall terminate on the Return Date without penalty or expense to you and you shall not be obligated to pay the rentals beyond such fiscal year, orovided that (A) you shall pay any and all rentals and other payments due up through the end of the last day of the fiscal year for which appropriations were made and (B) you shall pay month-to-month rent at the rate set forth in any such Schedule for each month or part thereof that you fail to return the Product as required herein. (c) Upon any such Non-Appropriation, upon our request, you will provide, upon our request, an opinion of independent counsel (who shall be reasonably acceptable to us), in form reasonably acceptable to us, confirming the Non- Appropriation and providing reasonably sufficient proof of such Non-Appropriation. 20. FundinQ Intent. You represent and warrant to us that you presently intend to continue this Master Agreement and any Schedule hereto for the entire term of such Schedule and to pay all rentals relating to such Schedule and to do all things lawfully within your power to obtain and maintain funds from which the rentals and all other payments owing under such Schedule may be made. The parties acknowledge that appropriation for rentals is a governmental function to which you cannot contractually commit yourself in advance and this Master Agreement shall not constitute such a commitment. To the extent permitted by law, the person or entity in charge of preparing your budget will include in the budget request for each fiscal year during the term of each Schedule, respectively, to this Master Agreement an amount equal to the rentals (to be used for such rentals) to become'due in such fiscal year, and will use all reasonable and lawful means available to secure the appropriation of money for such fiscal year sufficient to pay all rentals coming due during such fiscal year. 21. Authoritv and Authorization. (a) You represent and warrant to us that: (i) you are a State or political subdivision of a State, as those terms are defined in Section 103 of the Internal Revenue Code; (ii) you have the power and authority to enter into this Master Agreement and all Schedules to this Master Agreement; (iii) this Master Agreement and all Schedules to this Master Agreement have been duly authorized, executed and delivered by you and constitute valid, legal and binding agreement(s) enforceable against you in accordance with their terms; and (iv) no further approval, consent or withholding of objections is required from any governmental authority with respect to this Master Agreement or any Schedule to this Master Agreement. (b) If and to the extent required by us, you agree to provide us with an opinion of independent counsel (who shall be reasonably acceptable to us), substantially in the form attached hereto as Exhibit A confirming the foregoing and other related matters. (c) You agree to take all required actions and to file all necessary forms, including IRS Forms 8038-G or 8038-GC, as applicable, to preserve the tax exempt status of this Master Agreement and all Schedules thereto. (d) You agree to provide us with any other documents that we may reasonably request in connection with the foregoing and this Master Agreement. IN WITNESS WHEREOF, the parties have executed this Master Agreement as of the dates set forth below. THE PERSON SIGNING THIS AGREEMENT ON BEHALF OF THE CUSTOMER REPRESENTS THAT HEISHE HAS THE AUTHORITY TO DO SO. CUSTOMER By: X fA, Auth rized Si~er Sign e Printed Name: Micnael J. Pfei~ County Judge J-- Title: Date: Facsimile Number: 361-553-4444 Accepted by: IKON OFFICE SOLUTIONS, INC. By: Authorized Signer Signature Printed Name: Title: Date: Facsimile Number: SLG MA 02.10 1-888.ASK-IKON www.ikon.com IKON Ollice SolutioJls<ID and IKON: DOCllluent Efficiency At Wor.k@/A.RicohCompanynretradetm1Jks of IKON Otlice Solutions.lnc, RicohCB) is a registeredtn.dema.r.k ofRicoh Company, Lhi Page 3 of3 IKON OFFICE SOLUTIONS CONTRACT FOR A RICOH COPIER FOR THE CALHOUN COUNTY SHERIFF'S OFFICE AND AUTHORIZE COUNTY SHERIFF TO SIGN: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the IKON Office Solutions Contract for a RICOH Copier for the Calhoun County Sheriff's Office and authorize Sheriff Browning to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge pfeifer all voted in favor. .111 !'IR 'J.BbY,.~J,.~.M 11111 IMAGE ~ Manageri,~~i$ - Document Efficiency _ At Work: A RICOH COMPANY Product Schedule Number: Slate and Local Government Master Agreement Number: This Image Management Plus Product Schedule ("Schedule") is made part of the State and Local Government Master Agreement ("Master Agreement") identified on this Schedule between IKON Office Solutions, Inc. ("we" or "us") and COUNTY OF CALHOUN , as Customer ("Customer" or "you"). All terms and conditions of the Master Agreement are incorporated into this Schedule and made a part hereof. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Schedules to the Master Agreement. CUSTOMER INFORMATION COUNTY OF CALHOUN LISA MUSGRAVE Customer (Bill T~ Billing Contact Name CALHOUN C UNTY SHERIFF OFFICE 211 S ANN STREET 211 SANNST Product Location Address Billing Address (if difJerentfrom location address) PORT LAVACA CALHOUN TX 77979-4203 PORT LA V ACA CALHOUN TX 77979-4203 City County State Zip City County State Zip Billing Contact Telephone Number I Billing Contact Facsimile Number I Billing Contact E-Mail Address (361) 553-4456 (361) 553-4456 lisa.musgrave@calhouncotx.org PRODUCT DESCRIPTION ("Product") Qty Product Description: Make & Model I RICOH AFICIO MP3351SP Qty Product Description: Make & Model PAYMENTSCBEDULE Minimwn Tenn (months) 48 $ 208 Minimwn Payment Billing Frequency Ii] Monthly D Quarterly o Other: Advance Payment D I" Payment D I" & Last Pay~ent D Other: o 0.0095 0.0000 Meter ReadinglBiIling Frequency D Monthly Ii] Quarterly D Other: · Based upon Minimum Payment Billing Frequency o Based upon standard 8 ';6" x II" paper size. Paper sizes greater than 8 ';6" x II" may count as more than one image. Sales Tax Exempt: [2] YES (Attach Exemption Certificate) Customer Billing Reference Number (P.O. #, etc.) Addendum(s) attached: D YES (check if yes and indicate total number of pages: -----> TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. 2. You, the undersigned Customer, have applied to us to use the above-described items ("Product'') for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product on all the terms hereof, including the Terms and Conditions on the SFP459810 SLG PS-IMP 02.10 1-888-ASK-iKON www.ikon.com Page] of2 lKON Office Solutions@ and lKON: Document Efficiency At Work@fARicoh Company are trademarks oflKON Office Solutions, Inc. Ricoh@ is a registered trademark ofRicoh Company, Ltd. Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. 3. Image ChargeslMeters: In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Images as specified in the Payment Schedule of this Agreement. The Meter Reading/Billing Frequency is the period of time (monthly, quarterly, etc.) for which the number of images used will be reconciled. If you use more than the Guaranteed Minimum Images during the selected Meter Reading/BilIing Frequency period, you will pay additional charges at the applicable Cost of Additional Images as specified in the Payment Schedule of this Schedule for images, black and white and/or color, which exceed the Guaranteed Minimum Images ("Additional Images"). The charge for Additional Images is calculated by multiplying the number of Additional Images times the applicable Cost of Additional Images. The Meter Reading/Billing Frequency may be different than the Minimum Payment Billing Frequency as specified in the Payment Schedule of this Schedule. You will provide us or our designee with the actual meter reading(s) by submitting meter reads electronically via an automated meter read program, or in any other reasonable manner requested by us or our designee from time to time. If such meter reading is not received within seven (7) days of either the end of the Meter Reading/Billing Frequency period or at our request, we may estimate the number of images used. Adjustments for estimated charges for Additional Images will be made upon receipt of actual meter reading(s). Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: THE PERSON SIGNING TillS AGREEMENT ON BEHALF OF THE CUSTOMER REPRESENTS THAT HElSHE HAS THE AUTHORITY TO DO SO. Accepted by: IKON OFFICE SOLUTIONS, INC. By: Authorized Signer Signature Printed Name: Title: Date: \ \..::z..~' 0 Title: Date: SFP459810 SLG PS-IMP 02.] 0 1-888-ASK-lKON www.iko"-com Page 2 of2 IKON Office So]utions@ and IKON: Document Efficiency At Work@/A Ricoh Company are trademarks of IKON Office Solutions, Inc. Ricoh@ is a registered trademark ofRicoh Company, Ltd. IKON OFFICE SOLUTIONS, INC. IMAGE MANAGEMENT PLUS COMMITMENTS - Document Efficiency .. At Work.' A RICOH COMPANY The below service commitments (collectively, the "Service Commitments':) are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ("IKON"), one of the largest distributors of office solutions in the world. The words "you" and "your" refer to you, our customer. You agree that IKON alone is the party to provide all of the services set forth below and is fully responsible to you, the customer, for all of the Service Commitments. The Service Commitments are only applicable to the equipment ("Equipmenf') described in the Image Management Plus Product Schedule to which these Service Commitments are attached, excluding facsimile machines, single-function and wide-format printers and production units. The Service Commitments are effective on the date the Equipment is accepted by you and apply during IKON's normal business hours, excluding weekends and IKON recognized holidays. They remain in effect for the Minimum Term so long as no ongoing default exists on your part. TERM PRICE PROTECTION PERFORMANCE COMMITMENT The Image Management Minimum Payment and the Cost of Additional Images, as described IKON is committed to performing these Service Commitments and agrees to perform its on the Image Management Plus Product Schedule, will not increase in price during the services in a manner consislent w~h the applicable manufacturer's specifications. If IKON fails Minimum Term of the Image Management Plus Product Schedule, unless agreed to in writing to meet any Service Comm~ments and in the unlikely event that IKON is not able to repair the and signed by both parties. Equipment in your office, IKON, at IKON's election, will provide to you e~her the delivery of a EQUIPMENT SERVICE AND SUPPLIES temporary loaner, for use while the Equipment is being repaired at IKON's service center, or IKON will provide full coverage maintenance services, including replacement parts, drums, IKON will replace such Equipment with comparable Equipment of equal or greater capability at labor and all service calls, during Normal Business Hours. "Normal Business Hours" are no addITional charge. These are the exclusive remedies available to you under the Image between 8:00am and 5:00pm, Monday'to Friday excluding public holidays. IKON will also Management Plus Commitments Customer's exclusive remedy shall be tor IKON to re-perform provide the supplies required to produce images on the Equipment covered under the Image any Services not in compliance with this warranty and brought to IKON's attention in wrITing Management Plus Product Schedule (other than non-metered equipment and sott-metered wrthin a reasonable time, but in no event more than thirty (30) days after such Services are Equipment). The supplies will be provided according to manufaCt:~~r'f}.Pecifications. Optional performed. It you are dissatisfied w~h IKON's performance, you must send a registered letter supply items such as paper and transparencies are not inCIUded'~T APLES INCLUD""Jlljining your concerns to the address specified below in the "Qual~y Assurance" section. RESPONSE TIME COMMITMEN _ "Please allow 30 days for resolution. IKON will provide a quarterly average response time of 2 to 6 business hours for all service ACCOUNT MANAGEMENT calls located within a 30-mile radius of any IKON office, and 4.to 8 business hours for service Your IKON sales professional will, upon your request, be pleased to review your equipment calls located within a 31-60 mile radius for the term of the Image Management Plus Product performance metrics on a quarterly basis and mutually convenient date and time. IKON will Schedule. Response time is measured in aggregate for all Equipment covered by the Image follow up within 8 business hours of a call or e-mail to one of our account management team Management Plus Product Schedule. members requesting a metrics review. IKON will, upon your request, be pleased to annually UPTIME PERFORMANCE COMMITMENT review your business environment and discuss ways in which we may improve efficiencies IKON will service the Equipment to be Operational wrth a quarterly uptime average of 96% and reduce costs relating to your document management processes. during Normal Business Hours, excluding preventative and interim maintenance time. QUALITY ASSURANCE Downtime will begin at the time you place a service call to IKON and will end when the Please send all correspondence relating to the Service Commitments via registered letter to Equipment is again Operational. You agree to make the Equipment available to IKON for the Qual~y Assurance Deparlment located at: 3920 Arkwright Road, Macon, GA 31210, Attn: scheduled preventative and interim maintenance. You further agree to give IKON advance Quality Assurance. The Quality Assurance Deparlment will coordinate resolution of any notice of any critical and specific uptime needs you may have so that IKON can schedule w~h performance issues concerning the above Service Commnments with your local IKON office. you interim and preventative maintenance in advance of such needs. As used in these Service If either of the Response Time or Uptime Performance Commitments is not met, a one-time Commitments "Operational' means subslantial compliance wrth the manufacturer's credn equal to 3% of your Minimum Payment invoice total on the non-performing un~ will be spec~ications andlor performance standards and excludes customary end-user corrective made available upon your request. Credn requests must be made in wrning via registered actions. letter to the address above. IKON is committed to responding to any questions regarding IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS invoiced amounts for the use of the Equipment relating to the Product Schedule within in a two At any time after the expiration of the innial ninety day period of the original term of the Image (2) day timeframe. To ensure the most timely response please cal/l-888-ASK-IKON Management Plus Product Schedule to which these Service Commrtments relate, IKON will, MISCELLANEOUS upon your request, review your image volume. If the image volume has moved upward or These Service Commitments do not cover repairs resulting from misuse (including wrthout downward in an amount sufficient tor you to consider an alternative plan, IKON will, on a lim~ation improper vollage or environment or the use of supplies that do not conform to the quarterly basis, present pricing options to conform to a new image volume. If you agree that manufacturer's specifications), subjective matters (such as color reproduction accuracy) or addnional equipment is required to satisfy your increased image volume requirements, IKON any other tactor beyond the reasonable control of IKON. IKON and you each ackno~edge will include the equipment in the pricing options. The addition of equipment andlor that these Service Commrtments represent the entire understanding ot the parties wnh respect increases/decreases to the Guaranteed Minimum Images requires an amendment to the subject matter hereof and that your sole remedy for any Service Commrtments not ("Amendment") to the Image Management Plus Product Schedule that must be agreed to and perform~d in acoordance with the foregoing is as set forth under the section hereof entnled signed by both you and IKON. The Amendment may not be less than the remaining term ot "Performance Commitment". The Service CommITments made herein are service andlor the existing Image Management Plus Product Schedule but may be extended tor a term up to maintenance warranties and are not product warranties. Except as expressly set forth herein, 60 months. Adjuslments to the Guaranteed Minimum Images commnment andlor the addition IKON makes no warranties, express or implied, including any implied warranties of of equipment may resull in a higher or lower minimum payment. Images decreases are limned merchantability, frtness for use, or fitness for a particular purpose. Neither party hereto shall to 25% of the Guaranteed Minmum Images in effect at the time of Amendment. be liable to the other for any consequential, indirect, punitive or special damages. These EQUIPMENT AND PROFESSIONAL SERVICES UPGRADE OPTION Service Comm~ments shall be governed according to the laws ot the Commonwealth of At any time after the expiration of one-half of the original term of the Image Management Plus Pennsylvania without regard to its conflicts of law principles. These Service Commitments are Product Schedule to which these Service Commnments relate, you may reconfigure th~ not assignable by the Customer. Unless otherwise stated in your Implementation Schedule, Equipment by adding, exchanging, or upgrading to an item of Equipment with addnional your Equipment will ONLY be serviced by an "IKON Certified Technician". You acknowledge features or enhanced technology. . A new Image Management Plus Product Schedule or and agree that, in connection with its performance of its obligations under these Service Amendment for not less than the remaining term of the existing Image Management Plus Commrtments, IKON may place automated meter reading units on imaging devices, including Product Schedule or Amendment, must be agreed to and signed by you and IKON. The Image but not limited to the Equipment, at your location in order to facilitate the timely and efficient Management Cost of Additional Images and the Minimum Payment of the new Image collection of accurate meter read data on a monthly, quarterly or annual basis. IKON agrees Management Plus Product Schedule or Amendment will be based on any obligations that such units will be used by IKON solely for such purpose. Once transmitted, all meter read remaining on the Equipment, the added equipment and new image volume comm~ment. Your data shall become the sole properfy of IKON and will be utilized for billing purposes. IKON Account Executive will be pleased to wort< wrth you on a Technology Retresh prior to the end of your Image Management Plus Product Schedule or Amendment. IN WITNESS WHEREOF, each party has caused its duly authorized officer to exec,ute these Image Management Plus Commitments as of ~20_. :Sg~ ~ ::..~ \.~~ Date ~n-'L~-~() IKON OFFICE SOLUTIONS, INC. By Name: me: Date: SFP459810 IMPC 02.10 Page] of] IKON Office Solutions@ and IKON: Document Efficiency At Work@ fA Ricoh Company are trademarks of IKON Office Sotutions, Inc. Ricoh@ is a registered trademark ofRicoh Company, Ltd. .. Document Efficiencv _ At Work: A RtCOH COMPANY Equipment Removal Authorization Equipment Leased by Customer from IKON, IOS Capital, or IKON Financial Services Customer Name I COUNTY OF CALHOUN I LISA MUSGRAVE Date Prepared Email Ilisamusgrave@calhouncotx.org Fax 1(361) 553-4456 k361) 553-4456 Contact Name Phone D Check if Additional Product Description page(s) attached This Authorization will confirm that you desire to engage IKON Office Solutions, Inc. ("IKON") to pick-up and remove certain items of equipment that are currently leased by you from IKON, IOS Capital or IKON Financial Services, and that you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written form) to us from time to time for such purpose. Such removal request will set forth the location, make, model and serial number of the equipment to be removed by IKON. By signing below, you confirm that, with respect to every removal request issued by you (I) IKON may rely on the request, and (2) the request shall be governed by this Authorization. Except for the obligations ofIKON to pick-up and remove the identified equipment, IKON does not assume any obligation, payment or othenvise, under your lease agreement, which shall remain your sole responsibility. As a material condition to the performance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you under your lease agreement. Make !Model/Serial Number ICANON/3030/CI4041757 Pick-Up Address 1211 SOUTH ANN STREET Phone ILISA MUSGRAVE 1(361) 553-4465 I Zip Code 177979 City IpORT LA V ACA 1 State I IX Make !Model/Serial Number ICANON/CA PRlNTKIT SlIC14041757A Pick-Up Address 1211 SOUTH ANN STREET City IpORTLAVACA I Contact I Phone I State IIX I Contact 1 Phone 1 State 1 1 Contact I Phone I State I I Zip Code I I ILISA MUSGRAVE 1<361) 553-4465 Zip Code /77979 Make !Model/Serial Number I Pick-Up Address City I Zip Code 1 Make !Model/Serial Number I Pick-Up Address City Date to S/A eA-' It ..~-IV Authorized Signature Signature Printed Name Title Date Authorized Signature Signature Printed Name Title Revised 01109 SFP459810 Ooc:umenl Efficiency At iNOrk: Work Order - US IKON Office Solutions. INC. A R'ICOlI' CONPANY Email Address of PS Re Date of Services: Bill To Cust No.: pymt Method: Bill To Customer COUNTY OF CALHOUN Address: 211 S ANN STREET ! City: PT UWACA State TX customerlcontact USA MUSGRAVE IKON Sales Rep: CEORCE ALEXANDER MPSIFSMisAM/SAC: Ship To Customer No.: Ship To Customer Address: City: PO No: PO Date: Zip: 77979 Title: State: Zip: Phone: Phone: sc: sc-c: SNSSA: Description Of Services HDSURRENDER Tn/< elKON Code I OMO CodE! Qty Prioe ~nn Ext. Prioe Notes: INCLUDED IN LEASE ce: exerution 1. 'Y 11 ail. IKON ~ Cwrio mer. By si;:ninG; 'belDw, t lie ~emic;ned rep l'1!:Sent ..hat they 1I.:re duJ;,- 1Il..ih.omed io enler In.... this Work Order Name: Title: Date: IKON OmCE SOumONS, me. By: NMnt: Title: Date: TERMS AND CONDITIONS Theperfb=e ~y IKON of the Services described in thisWolk Order is subject to and shall be governed soJely by the fullovOng terms and cmditions: Customer enl!"ges IKONto perfcnm the services described in thsWolk Order(the"Services"). Changes to the scope of the Services sIBlI be rmde only in a wilten ~e order signed by bothparlies. IKON mall have no obli~tion to comrnenceWO!k in connection wilbany change untiI1I1e tee arrlIor slhEdule impact of the change and aD oIller appli cable tfmlSareagrred upon by both parties in wiling IKON mall prOllide the Services at the ClRomer location set fin1h hl".,in or on a "mote basis. In consi deration of its SenJices hereunder, Cust<mer sha1I pay IKCN the SenJi re fees in the arnomts ood at 1I1e rates set furth above. CUstornerShall payall amoumspay<tlleto IKCl'< hereunder within thirty(30) day; of the date of the invoice submitted by IKCl'<. If IKON undertakes collection or enfun:ernent eflbrts, CUst.oIrer mall be liable for all costs thereof, including. Viitbout lirnitolion. reasonahle attomey;' fees and late charges. IKON rrHj rospend or tenrimte Services fir non-payment. Customer shall be respoosihle fur pa:ynmt of any applicahle !axes arising in connectioo v.<th the tIansactions conl.ernp1ated hereby (oIller llEn with respfrt to the income of IKON). Cu.rom..-!tBll provide IKON with such aa:ess to its facilities, net\wlksand sy>tem; as IIllY bereasonahly necessary fir IKON to perform its SenJices. Customer a::lmov.! edges !hat IKON's perfotmlIlCe of the SenJires is dependem upon CU<tomer's timely and effective perforrmnre of its responsitilities hf:reuoder. Unless comEd.ivity senJices are spetifica1lyidentified in the Task and Description section of Ibis Wlrk CXderas part of1l1e SenJices to be perfotmed by IKON, IKON shall have no ohligali on to po-forrn and no responsihilitr furtht coonection of any hzcdware or softw3re to any CUstomt:rndwolk or system IKON sIBlI perf~its SlnIices ina professional rmnner. 1KCl'< is not 1I1ermnulacblrer of any of the soli"""", toolsandlorproducls utilized in connection Vlith thisWode Order. IKON shall,h_, rmke avai1alie to Cust.lmerany wmmties rmde to IKON bylbe tmnIlfac1urers of1l1e soll'Olllre, tools and/or prowcts Wlized by IKON in connection with its Services hereunder, to tre rxtenl transferable and withoot rocourse 'If Customer has engaged IK ON to prOIIide Customer tools to assist Custom..- in Dala Mmagernent Services that relate to the security or aa:essibility of infomation storfll in or roco=able frOlllany deIlices'JrOllided or serviced by IKON, including but rut limited to any hard drive removal, deoosing or fomatting services of any kind. Cu.rom..- <><pres<iyacknowledges am agrees IIBt (i) It is av;ere of the securily aitermtives avalable to it, (ii) it has assessed such altermtives and exercised its 0\\<1 inilq:>endent judgment in selecting the Dala Mamgemem Services and dEternlined Ihat such Dala Managemem Services are app-opriate for its needs and compliance, (iii) IKON does not prOIIide lelJ'l adllice with respect to infurrmtion securi\y or represen1 orWllfanl that its Dala Mmagernent Services or products are appropriate fur Customer's needs or that such DalaMmagement Services Vlill guarartee or msure compIiance Vlithany law, regJlaion,pdicy, cbli~tion crrecpirementthat rmyapplyto oraffuct Customer's business, infDlImlion retention strateges and standards, Ir infOlIlBtion security requirements. Additionally, Customer expressly acknov.!edges am agrees that, (a) Olstomer is responsible fur ensuring its own c~ancewith legalrequirelrents pertaining to dala niertion and protection, (b) it isthe Customer's soJeresponsibility to obtan acloice of complieni legal rounselasto 1I1e identification and illlerpntation ofanyreleoant laws and regulatory re~s that rmy affect the Customer's business or data retention, and any actions required to compIyVlith such laws, and (c) the selection, use and desi~ ofany Data \VBnaglment Servires, and any and all decisions arising Viith respect to the deletion or storage of any daJa, as ~ as any loss, or presenoe, of data resulting therefi'nm, shall be the sole responsibility of Customer, am Cust<mer shall indemni fy am hol d lBrmless IKON and its subsi daries, lirectors, officers, emp1 oyres and agents from and ~st any ood all costs, "'Pfrlses, liabilities, daims, datmges, losses. judgnents or fees (including reasOllltlle attorney;' fees) arising 1I1erefiom or related thereto. EXCEPT AS E)(ffiESSLY SET FORlH. HEREIN. IKON MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCWDING WARRANTIES OF MERCHANTABILITY, OR FI1M:SS FOR A PARTICULAR PURPasE, IN CONNECTION WIlH n-ns WORK ORDER AND lHE lRANSACTIONS CONlEMPLA lED HEREB Y. IN NO EVENT SHALL IKON BE LIABLE TO CUSTOMER FOR ANY INDIRECT, ~ECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISJNG OUT OF OR RELATED TO lHIS WORK ORDER OR 1HE PERFORMANCE OR BREACH HEREOF, EVEN IF IKON HAS BEEN ADVISED OF 1HE POSSlBILTIY THERECF. IKON'S LIAB ILITY TO CUSTOMER HEREUNDER. IF ANY, SHALL IN NO EVENT EXCEED lHE TOTAL OF lHE FEES PAID TO IKON HEREUNDER B Y CUSTOMER IN NO EVENT ::HALL IKON BE LIABLE TO CUSTOMER. FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF 1HE SOFTWARE., INCWDING, B VI NOT LINlITED TO, LOSS CF DATA, ORDElA Y OF DELIVERY OF SERVICES UNDER lHlS WORK ffiDER IKON AS~ NO alLIGATION TO FROV[)E OR INSTALL ANY ANTI-VIRUS OR SIMILAR SOFTWARE AND TIlE SooFE OF SERVICES CON1EMPLATED HEREBY DOES NJT INCLUDE ANY SUCH SERVICES. Exrept fur purposes of Ibis Work Order, IKON shall not use or di,dose any proprielary or confidential Custolref data derivfll from its SenJices lxreJnder; provided. howesrer, Ulat IKON rmy use geoemI statistics relating to the Service en~g<ment so long as it does not disclose the identity of Custcrner or rmke arrj reference to any infuImllion fmn mch the identity of CustOlref rmy he reasonably ascertained. CUstolIlfl" agrees that during the lermoftl:e Servi ces and fur a period of one (I) year after tennim~on thereof, it sIBlI not dired.ly crindirecily solicit, hire or othervlise retain as an "'l'loyee or ind'l'endent coritactorany employee of IKON that is or ""s involved with or p<rt of the Services. Thi s Wolk Orderr'l'reseIlls the entire agreernenl bliween the parti es relating to the subj eel rmtterhereof and supersedes all prior understanlings, mitings, prcposals, npreseotations or e<:rnmJni <alions, orallr mitten, 0 f 0: ther party. This Wode Order rmy be amendfll only in wiling executed by the a1.thorized repre,mtaives of both parties. Any purmase order, service order or other CU<tom:r orderi<\'l document \WI not mOOify Ir affect this Work Order, nor have any other 1 elJ'l effect, am mall serve only the pupose of Identifying the service ordered This Wolk Order rmy not be transferred or assigned by Customer wilbJut 1I1e pri or written consent of IKON. This Work Order shall be iIterpreted in acc<11lance with the substantive laws of 1I1e Comrmnwealth of Pennsylvania, w.1I1out regard to (Mntilies of conflicts of law. The relationship of the parties is that of independent contractors. IKON man not be responsible for and sha1I be eKcused fromperfi:m:aoce orha"" rlRsonableadditional periods of time to perf<rmits cbli~tionswhereitis delayed orprevetlle1l ftom perfcnmingany of its obli~tions for reasons b~ond IKON's rlRsonahl e coIllml, including, Viithout limitation. ads of God, na1uraI lfi sasters, lahar disputes, slrilres or unalEilabiIity of senJires, personnel or rmterials. This Wolk Order is separal.ely enfon:eahl e as a Clllllllele and ind'l'endfl'lt bindi<\'l agreerrent, independent of all other Work CXders, if any. By si gning. the Cu.rom..- acknov.i.edges and aCCfJlts the t= and conditi ons of Ibis Wolk Order, and confirms that the undersigned bas the n=salJI powEr andau1hority to enterinto this Wolk Order on behalf of Customer. v. OQ.10.10 .1II1V1l' ~.:=w:~~,!-'f11 tIf'...... .1111 Page 1 ot 1 IKON OFFICE SOLUTIONS CONTRACTS FOR TWO (2) RICOH COPIERS FOR THE CALHOUN COUNTY ADULT DETENTION CENTER AND AUTHORIZE THE JAIL ADMINISTRATOR TO SIGN: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to approve IKON Office Solutions Contracts for two (2) RICHO Copiers for the Calhoun County Adult Detention Center and authorize the Jail Administrator to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. .111. '~b~,.I"lJ,t'4L.M 11111 IMAGE 0 Manage~~~tff - Document Efficiency _ At Work: A RICOH COMPANY Product Schedule Number: State and Local Government Master Agreement Number: This Image Management Plus Product Schedule ("Schedule") is made part of the State and Local Government Master Agreement ("Master Agreement") identified on this Schedule between IKON Office Solutions, Inc. ("we" or "us") and COUNTY OF CALHOUN , as Customer ("Customer" or "you"). All terms and conditions of the Master Agreement are incorporated into this Schedule and made a part hereof. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Schedules to the Master Agreement. CUSTOMER INFORMATION COUNTY OF CALHOUN EDDIE MUSGRAVE Customer (Bill To) Billing Contact Name CALHOUN COUNTY JAIL 302 W LIVE OAK 302 W LIVE OAK ST Product Location Address Billing Address (if different from location address) PORT LA V ACA CALHOUN TX 77979-4234 PORT LA V ACA CALHOUN TX 77979-4234 City County State Zip City County State Zip Billing Contact Telephone Number II Billing Contact Facsimile Number I Billing Contact E-Mail Address (361) 553-4456 (361) 553-4456 e.musgrave@calhouncotx.org PRODUCT DESCRIPTION ("Product") Qty Product Description: Make & Model I [FOe] RICOH AFICIO MP500 I SP Qty Product Description: Make & Model PAYMENT SCHEDULE Minimum Term months 48 $ 354 Minimum Payment Billing Frequency o Monthly o Quarterly o Other: Advance Payment o I ~ Payment o I ~ & Last Payment o Other: o Meter ReadinglBiIIing Frequency o Monthly o Quarterly o Other: * Based upon Minimum Payment Billing Frequency o Based upon standard 8 y," x II" paper size. Paper sizes greater than 8 y," x II" may count as more than one image. Sales Tax Exempt: 0 YES (Attach Exemption Certificate) Customer Billing Reference Number (P.O. #, etc.) Addendum(s) attached: 0 YES (check if yes and indicate total number of pages: ~ TERMS AND CONDITIONS I. The first Payment will be due on the Effective Date. 2. You, the undersigned Customer, have applied to us to use the above-described items ("Product'') for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product on all the terms hereof, including the Terms and Conditions on the SFP459822 SLG PS-IMP 02.1 0 1-888-ASK-lKON www.ikon.com Page I of2 IKON Office Solutions<!il and IKON: Document Efficiency At Work<!il/A Ricoh Company are trademarks of IKON Office Solutions, Inc. Ricoh<!il is a registered trademark ofRicoh Company, Ltd. , , Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COpy OF TIDS SCHEDULE AND THE MASTER AGREEMENT. 3. Image ChargeslMeters: In return for the Minimum Payment, you. are entitled to use the number of Guaranteed Minimum Images as specified in the Payment Schedule of this Agreement. The Meter Reading/Billing Frequency is the period of time (monthly, quarterly, etc.) for which the number of images used will be reconciled. If you use more than the Guaranteed Minimum Images during the selected Meter Reading/Billing Frequency period, you will pay additional charges at the applicable Cost of Additional Images as specified in the Payment Schedule of this Schedule for images, black and white and/or color, which exceec;l the Guaranteed Minimum Images ("Additional Images"). The charge for Additional Images is calculated by multiplying the number of Additional Images times the applicable Cost of Additional Images. The Meter Reading/Billing Frequency may be different than the Minimum': Payment Billing Frequency as specified in the Payment Schedule of this Schedule. You will provide us or our designee with the actual meter reading(s) by submitting meter reads electronically via an automated meter read program, or in any other reasonable manner request~d by us or our designee from time to time. If such meter reading is not received within seven (7) days of either the end of the Meter Reading/Billing Frequency period or at our request, we may estimate the number of images used. Adjustments for estimated charges for Additional Images will be made upon receipt of actual meter reading(s). Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: THE PERSON SIGNING TillS AGREEMENT ON BEHALF OF THE CUSTOMER REPRESENTS THAT HElSHE HAS THE AUTHORITY TO DO SO. Accepted by: IKON OFFICE SOLUTIONS, INC. By: Authorized Signer Signature Printed Name: Title: Title: Date: SFP459822 SLG PS-IMP 02.10 1-888-ASK-lKON www.ikon.com Page 2 of2 IKON Office Solutions@and IKON: Document Efficiency At Work@fA Ricoh Company are t!.ademarks of IKON Office Solutions, Inc. Ricoh@ is a registered trademark ofRicoh Company, Ltd. IKON OFFICE SOLUTIONS, INC. IMAGE MANAGEMENT PLUS COMMITMENTS - Document Efficiency _ At Work.' A RICOH COMPANY' The below service commilments (collectively, the "Service Commitments") are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ("IKON"), one of the largest distributors of office solutions in the world. The words "you" and "your" refer to you, our customer. You agree that IKON alone is the party to provide all of the services set forth below and is fully responsible to you, the customer, for all of the Service Commitments. The Service Commitments are only applicable to the equipment ('Equipmenf') described in the Image Management Plus Product Schedule to which these Service Commitments are attached, excluding facsimile machines, single-function and wide-format printers and production unils. The Service Commitments are effective on the date the Equipment is accepted by you and apply during IKON's normal business hours, excluding weekends and IKON recognized holidays. They remain in effect for the Minimum Term so long as no ongoing default exisls on your part. TERM PRICE PROTECTION PERFORMANCE COMMITMENT The Image Management Minimum Payment and the Cost of Additional Images, as described IKON is committed to performing these Service Comm~ments and agrees to perform ~s on the Image Management Plus Product Schedule,' will not increase in price during the services in a manner consistent w~h the applicable manufacturer's specifications. If IKON fails Minimum Term of the Image Management Plus Product Schedule, unless agreed to in writing to meet any Service Comm~ments and in the unlikely event that IKON is not able to repair the and signed by both parties. Equipment in your office, IKON, at IKON's election, will provide to you e~her the delivery of a EQUIPMENT SERVICE AND SUPPLIES temporary loaner, for use while the Equipment is being repaired at IKON's service center, or IKON will provide full coverage maintenance services, including replacement parts, drums, IKON will replace such Equipment with comparable Equipment of equal or greater capabil~ at labor and all service calls, during Normal Business Hours. 'Normal Business Hours' are no additional charge. These are the exclusive remedies available to you under the Image between 8:00am and 5:00pm, Monday to Friday excluding public holidays. IKON will also Management Plus Commitments Customer's exclusive remedy shall be for IKON to re-perform provide the supplies required to produce images on the Equipment covered under the Image any Services not in compliance with this warranty and brought to IKON's allention in wr~ing Management Plus Product Schedule (other than non-metered equipment and soft-metered ~hin a reasonable time, but in no event more than thirfy (30) days after such Services are Equipment). The supplies will be provided according to manufacturer's~ifications. Optional performed. If you are dissatisfied ~h IKON's performance, you must send a registered leller supply items such as paper and transparencies are not included. ~ Sf APLES IN CL UDEfllIlIining your concerns to the address specified below in the 'Qual~y Assurance' section. RESPONSE TIME COMMITMENT _ fl'ease allow 30 days for resolution. IKON will provide a quarterly average response time of 2 to 6 business hours for all service ACCOUNT MANAGEMENT calls located within a 30-mile radius of any IKON office, and 4 to 8 business hours for service Your IKON sales professional will, upon your request, be pleased to review your equipment calls located within a 31-60 mile radius for the term of the Image Management Plus Product perlormance metrics on a quarterty basis and mutually convenient date and time. IKON will Schedule. Response time is measured in aggregate for all Equipment covered by the Image follow up within 8 business hours of a call or e-mail to one of our account management team Management Plus Product Schedule. members requesting a metrics review. IKON will, upon your request, be pleased to annually UPTIME PERFORMANCE COMMITMENT review your business environment and discuss ways in wihich we may improve efticiencies IKON will service the Equipment to be Operational ~h a quarterly uptime average of 96% and reduce costs relating to your document management processes. during Normal Business Hours, excluding preventative and interim maintenance time. QUALITY ASSURANCE Downtime will begin at the time you place a service call to IKON and will end wihen the Please send all correspondence relating to the Service Commitments via registered letter to Equipment is again Operational. You agree to make the Equipment available to IKON for the Qual~y Assurance Department located at: 3920 Arkwright Road, Macon, GA 31210, Attn: scheduled preventative and interim maintenance. You further agree to give IKON advance Quality Assurance. The Quality Assurance Department will coordinate resolution of any notice of any critical and specific uptime needs you may have so that IKON can schedule w~h perlormance issues concerning the above Service Comm~ments with your local IKON office. you interim and preventative maintenance in advance of such needs. As used in these Service If either of the Response Time or Uptime Perlormance Commitments is not met, a one-time Commitments 'Operational' means substantial compliance ~h the manufacturer's cred~ equal to 3% of your Minimum Payment invoice total on the non-performing un~ will be specifications andlor performance standards and excludes customary end-user corrective made available upon your request. Credn requests must be made in wr~ing via registered actions. letter to the address above. IKON is committed to responding to any questions regarding IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS invoiced amounts for the use of the Equipment relating to the Product Schedule within in a two At any time after the expiration of the in~ial ninety day period ot the original term of the Image (2) day timeframe. To ensure the most timely response please call1-888-ASK-IKON Management Plus Product Schedule to which these Service Comm~ments relate, IKON will, MISCELLANEOUS upon your request, review your image volume. If the image volume has moved upward or These Service Commitments do not cover repairs resulting from misuse (including ~hout downward in an amount sufficient for you to consider an alternative plan, IKON will, on a limnation improper vottage or environment or the use of supplies that do not conform to the quarterly basis, present pricing options to conform to a new image volume. If you agree that manufacturer's specifications), subjective mailers (such as color reproduction accuracy) or add~ional equipment is required to satisfy your increased image volume requirements, IKON any other factor beyond the reasonable control of IKON. IKON and you each acknowledge will include the equipment in the pricing options. The addition of equipment and/or that these Service Comm~ents represent the entire understanding of the parties ~h respect increases/decreases to the Guaranteed Minimum Images requires an amendment to the subject matter hereof and that your sole remedy for any Service Comm~ents not ('Amendment') to the Image Management Plus Product Schedule that must be agreed to and performed in accordance with the foregoing is as set forth under the section hereof ent~led signed by both you and IKON. The Amendment may not be less than the remaining term of 'Performance Comm~enr. The Service Comm~ments made herein are service and/or the existing Image Management Plus Product Schedule but may be exlended for a term up to maintenance warranties and are not product warranties. Except as expressly set forth herein, 60 months. Adjustments to the Guaranteed Minimum Images comm~ment and/or the addition IKON makes no warranties, express or implied, including any implied warranties of of equipment may resutt in a higher or lower minimum payment. Images decreases are lim~ed merchantability, fitness for use, or fitness for a partiCUlar purpose. Neither party hereto shall to 25% of the Guaranteed Minimum Images in effect at the time of Amendment. be liable to the other for any consequential, indirect, punitive or special damages. These EQUIPMENT AND PROFESSIONAL SERVICES UPGRADE OPTION Service Comm~ments shall be governed according to the laws of the Commonweatth of At any time after the expiration of one-haW of the original term of the Image Management Plus Pennsylvania without regard to its conflicts of law principles. These Service Commitments are Product Schedule to which these Service Comm~ments relate, you may reconfigure the not assignable by the Customer. Unless otherwise stated in your Implementation Schedule, Equipment by adding, exchanging, or upgrading to an item of Equipment with add~ional your Equipment will ONLY be serviced by an 'IKON Certified Technician'. You acknowiedge features or enhanced technology. A new Image Management Plus Product Schedule or and agree that, in connection with its performance of its obligations under these Service Amendment for not less than the remaining term of the existing Image Management Plus Comm~ments, IKON may place automated meter reading units on imaging devices, including Product Schedule or Amendment, must be agreed to and signed by you and IKON. The Image but not limited to the Equipment, at your location in order to facilitate the timely and efficient Management Cost of Additional Images and the Minimum Payment of the new Image collection of accurate meter read data on a monthly, quarterly or annual basis. IKON agrees Management Plus Product Schedule or Amendment will be based on any obligations that such units will be used by IKON solely tor such purpose. Once transmitted, all meter read remaining on the Equipment, the added equipment and new image volume commnment. Your data shall become the sole property of IKON and will be utilized for billing purposes. IKON Account Executive will be pleased to work w~h you on a Technology Refresh prior to the end of your Image Management Plus Product Schedule or Amendment. IN WITNESS WHEREOF, each party has caused its duly authorized officer to execute these Image Management Plus Commitments as of ~20_. CUSTOMER ~ By:-- Name: ~' .&V? ?ya. v--E:-. Title: Cc~l:+d/MI ~-c..Iif-/VeJ-~ Date: IKON OFFICE SOLUTIONS, INC. By: Name: Title: Date: SFP459822 IMPC 02.10 Page 1 of] IKON Office Solutions@and IKON: Document Efficiency At Work@ fA Ricoh Company are trademarks of IKON Office Solutions, Inc. Ricoh@ is a registered trademark ofRicoh Company, Ltd. II Document Efficiencv At Work: Equipment Removal Authorization Equipment Leased by Customer from IKON, IOS Capital, or IKON Financial Services A RICOH COMPANY Customer Name I COUNTY OF CALHOUN I EDDIE MUSGRAVE Contact Name Email le.musgrave@calhouncotx.org D Check if Additional Product Description page(s) attached Date Prepared Phone 1(361) 553-4456 k361) 553-4456 Fax This Authorization will confirm that you desire to engage IKON Offiee Solutions, Inc. ("IKON") to pick-up and remove certain items of equipment that are currently leased by you from IKON, IOS Capital or IKON Financial Services, and that you intend to issue written or electronic removal requests (whether such cquipment is identified in this Authorization, in a purchase order, in a letter or othcr written form) to us from time to time for such purpose. Such removal request will set forth the location, make, model and serial number ~fthe equipment to be removed by IKON. By signing below, you confirm that, with respect to every removal request issued by you (I) IKON may rely on the request, and (2) the request shall be governed by this Authorization. Except for the obligations ofIKON to pick-up and remove the identified equipment, IKON does not assume any obligation, payment or otherwise, under your lease agreement, which shall remain your sole responsibility. As a material condition to the performance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you under your lease agreement. Make !Model/Serial Number ICANON/3025/CI4044669 Pick-Up Address 1302 WEST LIVE OAK Phone City IpORT LA V ACA I State I TX Make !Model/Serial Number 1 Pick-Up Address Contact Phone City I State I Make !Model/Serial Number I Pick-Up Address Contact Phone City State I Make !Model/Serial Number I Pick-Up Address Contact Phone City State I Authorized Signature Signature Printed Name Title Authorized Signature Signature Printed Name Title Date Date Revised 01/09 I EDDIE MUSGRAVE 1(361) 553-4456 I Zip Code 177979 I I I Zip Code I I I Zip Code I I Zip Code 1 SFP459822 Document Efficiency AI Work: Work Order - US IKON Office Solutions. INC. " Base E Model # Base E Serial # Email Address of PS Re Date of Services: A RICOlI' CONPANV Customer must already be an IKON customer to use this form withDut being part of the SfP Bill To Cust No.: Pymt Method: Ship To Customer No.: PO No: PO Date: Bill To Custome~ COUNTY OF CALHOUN Ship To Custome~ Address: 302 W LIVE OAK Address: City: PT LAVACA State TX Zip: 77979 City: State: Zip: Customer Contact EDDIE MUSGRAVE Title: JAIL ADMINISTRATOR Phone: IKON Sales Rep: GEORGE ALEXANDER Phone: MPSIFSI\AJSAMJSAC: SC: SC.C: SAlSSA: Description of Services HDSURRENDER Task @IKON Code OMOCod@ Qty Prioe ExL Prioe Notes: INCLUDED IN LE.ASE ceo _ WomOraerrd.aD.'be ~diveasofthe d..ft oleJOOrufion'by 'both IKON uuI Customer. By signing 'below , tlle ~e~ repftRntthat the,. an, du~ ...ihorir.ed io enlerin:1o tJaisWorkOrder n hehdf'of"their ft!apertire eniin-. CUSTO By: Name: Title: Date: IKON OffiCE SOumONS, INC. By: Name: Tftle: D.te: lERMSAND CONDITIONS TheperfulIll80Ceby IKON of the Services described inthisWolk Order is subject to and shal1 be governed solely by the fullovOng tenns and clllditions: Customer m!!,!!", IKONto perfmm the sflVices described in t1is Wolk Order(the . Services"). Clangesto the scope of the Services sIElI bernade only in a witten ~e ortler signed by both parties. IKON !tlall have no obli@.tion In comrnmce work in connection with any change unI.iIthe ree anlIor sd!edule impact of the change andaIJ other applicable tmnsareagreed upon by both parties in witing IKCN !tlall provide the Services at the ClNomer location set fbrth herein or on a remote basis. In consi deration of its Services hereunder, Custcrner sbaII pay IKCN the Service rees in the arnomts lIld at the rates set furth above. Customershal1 pay all amounts payible to IKCN hereunder mtbin thirty(30) days of the date of the invoice submitted by IKCN. IfIKONunderlakes collection or mfun::emmt eflbrts. Custorrer !tlall be liable for all costs thereof, inducting. without limital.ioll, reasonable attomeys' rees arid late charges IKON may rospend or teminate Services fer non-payment. Customer shal1 be resplllsible fur paymnt ofmq applicable 1axes arising in crnnection with the llansactions contemplated hereby (other !ban with respect to the incorre of IKON) Cuoromrr.rnn provide IKON with such access to Its fucilities, netwolksand system; as llBY be reasonably neces""Y fer IKON to!"rl'= its Services. Customera::knovAedges that IKON's perfunrnnce of the Services is depmdenl upon ClNomer'S timely and effective perflllIlllIlce of its responsililities hereunder. Unless comectivity services are spetificallyidentified in the Task and Description section of this Werk (Aderas part of the Services to beperfurrned by IKON, IKON sbaIl have no obligation to perfunnand no responsibility furth!: crnnectionofanyha-dware or softwlreto any Customandwolk or system IKON sbaIl pe:rfumits Services ina professioIBI nanner. IKCN is not themmuBc!urer ofmq of the soft"""", toolsandiorproducls Wliml in connection Vlith this WoIk Ordff. IKON shal1,h"""""",lIIlke availalie to Customer any \OmflIlties nade to IKON by the nannfucturers of the soft"""" tools and/or pro<ilcts Wlired by IKON in oonnecIion with its SflVices hereunder, In the exten1 tIansfemble and W:thoot ro::ourse If Customer ha; engaged IK ON to provide Custnmrr tools to assi st Custnmrr in Data Mmagemnt Services that relate to the sea.uity or accessibiIi1;y of infoomtion stored in or ro::overable from mq deoiceqrovided or serviced by IKCN, including but nct.limited to aoy haId drive removal, d"",sing or foomtting services ofany kind Cuoromrr "'JII"es~yacknowledges and agrees that (i) it is av;are 0 f the securityallermtives avalable to it, (ii) it ha; assessed such aJtematives and exercised its own iruleper:dmt judgment in selecting the Data Mamgmrent Selvices and daennined 1hal such Data Managmrent Services are apJropriat.e for its needs aod c""l'liance, (iii) IKON does not provide Ie@.! advice W:th respect to infurmation seam!? or represent orv.errart that its Data Mlnagerrenl Services or products are appropriate fur Customer', needs or that sud! Data Mlnagemmt Selvices Vlin guarantee or msure compliance Vlith any law, reg..>laion, pdicy, dllilJ'tion er re<pirement that nay apply In oraffect Customer's business. infonnation retention stla1el;;es and standards, cr infonmtion security requirenHrts. Additionally, Customer ellpressly ackno'Medges and agrees lIBt, (a) Custolref is responsible fur ensuring its own c~ancewith legalrequiremenls per1aining to data r<tertian aod protection, (b) it is the Customer's sol e responsibility to oblan adllice of c""l'<tent legal counsel as to the identification and interpretation ofanyreleoant laws and regulatory requirements that !mY affect the Cuslorrer's business or data retmtilll, and mq actions required In c~y Vlith such laws, and (c) the sdection, use and design ofany Data I\IIlnagement SflVices. and any and all deci~ons arising with respect In the dde1ion or storage of any data, as ,."u as any loss, or presmce. of data resulting thereftnm. shal1 be the sole responsibility of Customer, and Custcrner sbaIl indemni fi1 and hol d bannl ess IKON and its subsi daries, directnrs, officers, emp1 eyees and agents from and against any lIld all costs, "'(lenses, liabili ties, ctaims. clanBges, losses. judgnents or rees (including reasooOOle attorneys' rees) arising 1hereftnm.or rdated theretn. EXCEPT AS D:ffiESSLY SET FORTH HEREIN, IKON MAKES NO WARRANTIES. E.XPRESSID OR IMPLIED, INCWDING WARRANTIES OF MERCHANTAB ILITY. OR FI11'ESS FOR A PARTICULAR PURPOSE:, IN CONNECTION WITH lHIS WORK ORDER AND THE 1RANSACTIONS CONTEMPLA lED HEREB Y. IN NO EVENT SHALL IKON BE LIABLE TO CUSTOMER FOR ANY INDIRECr. !'PECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS WORK ORDER OR THE PERFORMANCE OR BREACH HEREOF, EVEN IF IKON HAS BEEN ADVISED OF THE POSSIB ILITY THERECF. IKON'S LIAB ILITY TO CUSTOMER HEREUNDER. IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL OF THE fEES PAID 10 IKON HEREUNDER B Y CUSTOMER IN NO EVENT SHALL IKON BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RElATED TO ANY FAILURE OF THE SOFTWARE, INCWDING, BUT NOT LIMITED TO,LOSS CFDATA. ORDEU. Y OF DELIVERY OF SERVICES UNDER THIS WORK ORDER IKON ASSUMES NO C13LIGATION TO ffiOVIDE OR INSTALL ANY ANTI.VIRUS OR. SIMILAR SOFTWARE AND THE SCOFEOF SERVICES CON1EMPLATED HEREBY DOES ~T INCLUDE ANY sua; SERVICES. Except fur pwposes of this Work Omer, IKON shal1 not use or disclose any proprielaty or cOnfidential Custnrrer data drrived from its ScrviCfS lueundff; provided, h=er, that IKON nay use gen=l statistics relating to 1I1e Service mlJ'g""""t so 11Ilg as it does not disclose the identity of Custcrner or nake any reference to any infunmlion frcrn vAlich the identity of Custo",.. !mY be reasonably ascertained Cusloffiff agrees that during the term of the Services and fur a period of one (1) year aflertemnmtion tbereof, it sbaIl not diredly crindiredly solicit, hire or olhernise retain as an "'lJIOJI"e or indlpendmt OOltractorany "'lJloyee oflKONlhatis or "",involved Vli1l1 orpai of the Services. ThisWolk Orderrlpresentsthe eotireagreement bEtween the parties relatingto the subjed!mtterhereofand supersedes an prior Wld".standngs, w.ilings. proposals, rlpresentations or ccrmmmications, oml er witten, of either party. This WoIk Order !mY be amended only in wiling execUl.ed by the aUhorized repre,wt<iives of both parties. Any purchase order, sflVioe order or other Custorrer ordeoI€ document ..wI not ooodify cr affect this WoIk Order, nor bave any other Ie@.! effect, and !tlall serve only the pupase ofidmtif)ingthie service ord".ed This Wolk Ordff!mynot be transf<ned or assigned by Customerwithoullheprior written consent of IKON. This Work Clrder sbaIl be irterpreled in acca1lance w:th the substantive laws of the Comrmnwealth of PenosyIvania, without regard to princiIies of conflicts of law. The rdationship of the parties is that of indepeoltenl contractors. IKON man not be responsible for and sha11 be ",cused ftnmp".formmce orbave reasonable additional prriods of time In perfrnnits dllill3tions where it is delayed orprevented ftnm performing any of its obli@.tions for reasons b<;lond IKON's reasombI e control, including, '" thout limitation, acts 0 f God, nalllral di saSllirs, laoor di sputes, strikes or umvailability of servi oes, p".srnneI or rrnterials. This Wolk Order is separately enfon::eableasa corqJlete andindlpendfflt bindingagreerrent. independent of an other Work Orders, if any. By signinl1. the Custnmrr acla:lIl1M edges and accepts thetenns and conditions of this Wolk Omff. and confirms that the undersigned bas the n=salY powerandau1hority to ent.erinto this Wolk Order on behalf of Customer. If. 00.10.10 .111 ~ ~.!-':!-t.Y,!-'f11 t,zf\.,M .1111 Page 1 ot 1 .111 M '1.f.r.b~,,~J1~,D 11111 IMAGE ~ Manage~~L~t$ - Document Efficiency _ At Work." A RICOH COMPANY Product Schedule Number: State and Local Government Master Agreement Number: This Image Management Plus Product Schedule ("Schedule") is made part of the State and Local Government Master Agreement ("Master Agreemenf') identified on this Schedule between IKON Office Solutions, Inc. (''we'' or "us") and COUNTY OF CALHOUN , as Customer ("Customer" or "you"). All terms and conditions of the Master Agreement are incorporated into this Schedule and made a part hereof. It is the intent of the parti,ps that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Schedules to the Master Agreement. CUSTOMER INFORMATION COUNTY OF CALHOUN LISA MUSGRAVE Customer (Bill To) Billing Contact Name CALHOUN COUNTY JAIL 302 W LIVE OAK 211 SANNSl Product Location Address Billing Address (if different from location address) PORTLAVACA CALHOUN TX 77979-4234 PORT LA V ACA CALHOUN TX 77979-4203 Cily Counly State Zip Cily Counly Stale Zip Billing Contact Telephone Number I Billing Contact Facsimile Number I Billing Contact E-Mail Address (361) 553-4456 (361) 553-4456 Ii sa.musgrave@calhouncotx.org PRODUCT DESCRIPTION ("Product") Qty Product Description: Make & Model 1 [FOe] RIC AFICIO MP 171 SPF QIy Product Description: Make & Model PAYMENT SCHEDULE Minimum Tenn months 48 $ 52 Minimum Payment Billing Frequency o Monthly o Quarterly o Other: Advance Payment o I" Payment o I" & Last Payment o Other: o Meter ReadinglBilIing Frequency o Monthly o Quarterly o Other: · Based upon Minimum Payment Billing Frequency o Based upon standard 8 Yz" x II" paper size. Paper sizes greater than 8 Yz" x II" may count as more than one image. Sales Tax Exempt: 0 YES (Attach Exemption Certificate) Customer Billing Reference Number (P.O. #, etc.) Addendum(s) attached: 0 YES (check if yes and indicate total number of pages: --> TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. 2. You, the undersigned Customer, have applied to us to use the above-described items ("Product") for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product on all the terms hereof, including the Terms and Conditions on the SFP459837 SLG PS-JMP 02.10 1-888-ASK-lKON www.ikon.com Page J of2 IKON Office Solutions@ and IKON: Document Efficiency At Work@/ARicoh Company are trademarks of IKON Office Solutions, Inc. Ricoh@is a registered trademark ofRicoh Company, Ltd. Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. 3. Image ChargeslMeters: In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Images as specified in the Payment Schedule of this Agreement. The Meter Reading/Billing Frequency is the period of time (monthly, quarterly, etc.) for which the number of images used will be reconciled. If you use more than the Guaranteed Minimum Images during the selected Meter Reading/Billing Frequency period, you will pay additional charges at the applicable Cost of Additional Images as specified in the Payment Schedule of this Schedule for images, black and white and/or color, which exceed the Guaranteed Minimum Images ("Additional Images"). The charge for Additional Images is calculated by multiplying the number of Additional Images times the applicable Cost of Additional Images. The Meter Reading/BiIling Frequency may be different than the Minimum Payment Billing Frequency as specified in the Payment Schedule of this Schedule. You will provide us or our designee with the actual meter reading(s) by submitting meter reads electronically via an automated meter read program, or in any other reasonable manner requested by us or our designee from time to time. If such meter reading is not received within scven (7) days of either the end ofthc Meter Reading/Billing Frequency period or at our request, we may estimate the number of images used. Adjustments for estimated charges for Additional Images will be made upon receipt of actual meter reading(s). Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: THE PERSON SIGNING TInS AGREEMENT ON BEHALF OF THE CUSTOMER REPRESENTS THAT HF.JSHE HAS THE AUTHORITY TO DO SO. ~~S~ AmhO~d~ Printed Name: I ~ flA. ~ Title: ~ \ (V\\~ IS~~U;o Date: \ \.u..".-rU Accepted by: IKON OFFICE SOLUTIONS, INC. By: Authorized Signer Signature Printed Name: Title; Date: SFP459837 SLGPS-IMP 02.10 1-888-ASK-lKON www.ikon.com Page 2 of2 IKON Office Solutions@ and IKON: Document Efficiency At Work@/A Ricoh Company are trademarks of IKON Office Solutions, Inc. Ricoh@,is a registered trademark ofRicoh Company, Ltd. IKON OFFICE SOLUTIONS, INC. IMAGE MANAGEMENT PLUS COMMITMENTS - Document Efficiency _ At Work.' A RICOH COMPANY The below service commitments (collectively, the "Service Commitments") are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ("IKON"), one of the largest distributors of office solutions in the world. The words "you" and "your" refer to you, our customer. You agree that IKON alone is the parly to provide all of the services set forth below and is fully responsible to you, the customer, for all of the Service Commitments. The Service Commitments are only applicable to the equipment ("Equipmenf') described in the Image Management Plus Product Schedule to which these Service Commitments are attached, excluding facsimile machines, single-function and wide-format printers and production units. The Service Commitments are effective on the date the Equipment is accepted by you and apply during IKON's normal business hours, excluding weekends and IKON recognized holidays. They remain in effect for the Minimum Term so long as no ongoing default exists on your part. TERM PRICE PROTECTION PERFORMANCE COMMITMENT The Image Management Minimum Payment and the Cost of Additional Images, as descrbed IKON is committed to performing these Service Commitments and agrees to perform its on the Image Manag~ment Plus Product Schedule, will not increase in price during the services in a manner consistent wnh the applicable manufacturer's specifications. If IKON fails Minimum Term of the linage Management Plus Product Schedule, unless agreed to in writing to meet any Service Commnments and in the unlikely event that IKON is not able to repair the and signed by both parties. Equipment in your office, IKON, at IKON's election, will provide to you enher the delivery of a EQUIPMENT SERVICE AND SUPPLIES temporary loaner, for use while the Equipment is being repaired at IKON's service center, or IKON will provide full Coverage maintenance services, including replacement parls, drums, IKON will replace such Equipment winh comparable Equipment of equal or greater capability at labor and all service calls, during Normal Business Hours. "Normal Business Hours" are no additional charge. These are the exclusive remedies available to you under the Image between 8:00am and 5:00pm, Monday to Friday excluding public holidays. IKON will also Management Plus Commitments Customer's exclusive remedy shall be for IKON to re-perform provide the supplies required to produce images on the Equipment covered under the Image any Services not in compliance with this warranty and brought to IKON's attention in writing Management Plus Product Schedule (other than non-metered equipment and soft-metered wnhin a reasonable time, but in no event more than thirty (30) days after such Services are Equipment). The supplies will be provided according to manufac!l!&r~ifications Optional performed. If you are dissatisfied wnh IKON's performance, you must send a registered letter supply items such as paper and transparencies are not includetf/-?//' , outlining your concerns to the address specified below in the "Qualny Assurance" section. RESPONSE TIME COMMITMENT _ STAPLES INCLUDE~se allow 30 days for resolution. IKON will provide a quarlerly average response time of 2 to 6 business hours for all service ACCOUNT MANAGEMENT calls located within a 30-mile radius of any IKON office, and 4 to 8 business hours for service Your IKON sales professional will, upon your request, be pleased to review your equipment calls located within a 31-60 mile radius for the term' of the Image Management Plus Product performance metrics on a quarterly basis and mutually convenient date and time. IKON will Schedule. Response time is measured in aggregate for all Equipment covered by the Image follow up within 8 business hours of a call or e-mail 10 one of our account management team Management Plus Product Schedule. members requesiing a metrics review. IKON will, upon your request, be pleased to annually UPTIME PERFORMANCE COMMITMENT review your business environment and discuss ways in wihich we may improve efficiencies IKON will service the Equipment to be Operational with a quarterly uptime average of 96% and reduce costs relating to your document management processes. during Normal Business Hours, excluding preventative and interim maintenance time. QUALITY ASSURANCE Downtime will begin at the time you place a service call to IKON and will end wihen the Please send all correspondence relating to the Service Commitments via registered letter to Equipment is again Operational. You agree to make the Equipment available to IKON for the Qualny Assurance Deparlment located at: 3920 Arkwright Road, Macon, GA 31210, Attn: scheduled preventative and interim maintenance. You further agree to give IKON advance Quality Assurance. The Quality Assurance Deparlment will coordinate resolution of any notice of any critical and specific uptime needs you may have so that IKON can schedule wnh performance issues concerning the above Service Commnments with your local IKON office. you interim and preventative maintenance in advance ot such needs. As used in these Service If either of the Response Time or Uptime Performance Commitments is not met, a one-time Commitments "Operational" means subsiantial compliance winh the manufacturer's credn equal to 3% of your Minimum Payment invoice total on the non-performing unn will be specifications and/or performance standards and excludes cusiomary end-user corrective made available upon your requesi. Credn requesis must be made in WTning via registered actions. letter to the address above. IKON is committed to responding to any questions regarding IMAGE ,VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS invoiced amounts tor the use of the Equipment relating to the Product Schedule within in a two At any time after the elqJration of the innial ninety day period of the original term of the Image (2) day timeframe. To ensure the most timely response please caI/1-888-ASK-IKON Management Plus Pro~uct Schedule to which these Service Commitments relate, IKON will, MISCELLANEOUS upon your requesi, re~iew your image volume. If the image volume has moved upward or These Service Commitments do not cover repairs resulting from misuse (including winhout downward in an amount sufficient for you to consider an a"ernative plan, IKON will, on a Imnation improper vo"age or environment or the use of supplies that do not conform to the quarterly basis, present pricing options to conform to a new image volume. If you agree that manufacturer's specifications), subjective matters (such as color reproduction accuracy) or addnional equipment is required to satisfy your increased image volume requirements, IKON any other factor beyond the reasonable control of IKON. IKON and you each acknowledge will include the equipment in the pricing options. The addition of equipment andlor that these Service Commnments represent the entire undersianding of the parties wnh respect increases/decreases ,to the Guaranteed Minimum Images requires an amendment to the subject matter hereof and that your sole remedy for any Service Commnments not ("Amendment') to the Image Management Plus Product Schedule that must be agreed to and performed in accordance with the foregoing is as set forth under the section hereof entnled signed by both you and IKON. The Amendment may not be less than the remaining term of 'Performance Commitment". The Service Commitments made herein are service and/or the existing Image Management Plus Product Schedule but may be extended for a term up to maintenance warranties and are not product warranties. Except as expressly set forth herein, 60 months. Adjustments to the Guaranteed Minimum Images commnment and/or the addition IKON makes no warranties, express or implied, including any implied warranties of of equipment may resu" in a higher or lower minimum payment. Images decreases are limned merchantability, fnness for use, or fitness for a particular purpose. Neither party hereto shall to 25% of the Guarant~ed Minimum Images in effecl at the time of Amendment. be liable to the other for any consequential, indirect, punitive or special damages. These EQUIPMENT AND PROFESSIONAL SERVICES UPGRADE OPTION Service Commrtmen1s shall be governed according to the laws of the Commonwealth of At any time after the expiration of one-ha" of the original term of the Image Management Plus Pennsylvania without regard to its conflicts of law principles. These Service Commitments are Product Schedule to iwihich these Service Commnments relate, you may reconfigure the not assignable by the Customer. Unless otherwise slated in your Implementation Schedule, Equipment by adding, exchanging, or upgrading to an item of Equipment wnh addnional your Equipment will ONLY be serviced by an "IKON Certified Technician". You acknowledge features Of enhanced technology. A new Image Management Plus Product Schedule or and agree that, in connection with its performance of "s obligations under these Service Amendment for not less than the remaining term of the existing Image Management Plus Commitments, IKON may place automated meter reading units on imaging devices, including Product Schedule or Amendment, must be agreed to and signed by you and IKON. The Image but not limited to the Equipment, at your location in order to facilitate the timely and efficient Management Cosi of Additional Images and the Minimum Payment of the new Image collection of accurate meler read data on a monthly, quarlerly or annual basis. IKON agrees Management Plus Product Schedule or Amendment will be based on any obligations that such units will be used by IKON solely for such purpose. Once transmitted, all meter read remaining on the Equipment, the added equipment and new image volume commnment. Your data shall become the sole properly of IKON and will be utilized for billing purposes. IKON Account Executive will be pleased to work wnh you on a Technology Refresh prior to the end of your Image Management Plus Product Schedule or Amendment. IN WITNESS WHEREOF, each party has caused its duly authorized officer to execute these Image Management Plus Commitments as of II ~20_. CUSTOMER IKON OFFICE SOLUTIONS, INC. By: Name: Titie: Date: SFP459837 Page I of1 IKON Office Solutions@and IKON: Document Efficiency At Work@ fA Ricoh Company a;e trademarks of IKON Office Solutions, Inc. Ricoh@ is a registered trademark ofRicoh Company, Ltd. IMPC 02.10 . Document Efficiencv At Work: A RlCOH COMPANY Equipment Removal Authorization Equipment Leased by Customer from IKON, IOS Capital, or IKON Financial Services Customer Name I COUNTY OF CALHOUN IUSAMUSGRAVE Contact Name Email Ilisamusgrave@calhouncotx.org D Check if Additional Product Description page(s) attached Date Prepared Phone 1(361) 553-4456 k361) 553-4456 Fax This Authorization will confirm that you desire to engage IKON Office Solutions, Inc. ("IKON") to pick-up and remove certain items of equipment that are currently leased by you from IKON, IOS Capital or IKON Financial Services, and that you intend to issue written or electronic removal reque~1s (whether such equipment is;identified in this Authorization, in a purchase order, in a Ictter or other written form) to us from time to time for such purpose. Such removal request will set forth the location, make, model and serial number of the equipment to be removed by IKON. By signing below, you confirm that, with respect to every removal request issued by you (I) IKON may rely on the request, and (2) the request shall be governed by this Authorization. Except for the obligations ofIKON to pick-up and remove the identified equipment, IKON does not assume any obligation, payment or otherwise, under your lease agreement, which shall remain your sole responsibility. As a material condition to the performance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representatiops or obligations in this Authorization or of any obligation owing by you under your lease agreement. I Contact I Phone I State I I Contact I Phone I State I I Zip Code I I . Make !Model/Serial Number I CANON/1630/CI4028062 Pick-Up Address 1302 WEST LIVE OAK Phone City IpORTLAVACA I State hx Make !Model/Serial Number I Pick-Up Address Contact Phone City I State I Make !Model/Serial Number I Pick-Up Address City Make !Model/Serial Number I Pick-Up Address City Authorized Signature Signature Printed Name Title Date Authorized Signature Signature Pri~ted Name Title Date Revised 01/09 I EDDIE MUSGRAVE 1(361) 553-4465 I Zip Code 177979 I I I Zip Code I 1 I Zip Code I -r.- SFP459837 RE-ESTABLISH THE CALHOUN COUNTY PUBLIC LAW LIBRARY WITH INTERNET TERMINALS IN THE MAIN PUBLIC LIBRARY IN PORT LAVACA, CALHOUN COUNTY DISTRICT ATTORNEY'S OFFICE AND THE CALHOUN COUNTY ADULT DETENTION CENTER: A Motion was made by Commissioner Finster and seconded by Commissioner Fritch to Re-establish the Calhoun County Public Law Library with internet terminals only in the Main Public Library in Port Lavaca. Commissi9ners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ',.. Criminal District Attorney Calhoun County, Texas A Half Moon Reef Lighthouse RANDY R. CRIDER Investigator DAN W. HEARD Criminal District Attorney SHANNON E. SALYER Assistant Criminal District Attorney ALICIA FLORES Victim Assistance Coordinator DAIN WHITWORTH Assistant Criminal District Attorney November 17,2010 JAMES D. HENDERSON Assistant Criminal District Attorney Hon. Michael Pfeifer County Judge 211 S. Ann Port Lavaca, Texas 77979 ~y-""~ Re: Calhoun County Public Law Library Dear Judge Pfeifer, This letter is to request that this matter again be put on the Commissioner's Court agenda for action by the Court. On October 28, 2010 the Commissioners Court took action in favor of the following agenda item: 19. Consider and take necessary action to re-establish the Calhoun County Public Law Library with internet terminals in the Public Library in the Port Lavaca, Calhoun County District Attorney's Office and the Calhoun County Adult Detention Center. In addition, the Court approved a West Order Form dated 10-12-2010 from account representative Laura Scyrkels. After court I attempted to contact Laura Scyrkels to complete this transaction and found that on October 22, 2010 she left her employment with the West Publishing Company. After many telephone calls, letters and e-mails I was directed to a new account representative by the name of Kelly Barna. During my e-mails, faxes and letters to and from him I was informed that the agreement filled out by Laura Scyrkels was not any good and that a new agreement would have to be signed. (They wanted more money, from $850 a month to $1,042) In addition, I re-read Texas Local Government Code Section 323.012 and several Attorney General Opin!ons and came to the conclusion that paying for libraries in the Jail and the District Attorney's Office would not be proper under this statute. Access by the public is required and jail inmates and Assistant District Attorneys do not fit this definition under a normal and fair interpretation of the meaning of the word "public". A new West Order Form dated 11-16-2010 is enclosed. ($594.00 a month) This just covers the public library. Please set this matter for approval of this new contract. CC: County Auditor P.O. Box 1001 · 211 South Ann Street · Port Lavaca, Texas 77979 · (361) 553-4422 · Fax (361) 553-4421 WEST ORDER FORM 610 Opperman Drive, P.O. Box 64833 St. Paul, MN 55164-1803 Tel: 651/687-8000 WEST~ A Thomson Reuters business Clreck West account status below (B aDDlicable: Rep Name & Number Kelly Barna, 0043716 . , (NACI Form attached) . N~w (NACI Form attached) E:dstinl ,,.Ith Incre,l'5e Credit Lbnit . - X - :lI:I Elllstlnl with no changes Elllstlng with changes "'-- (Permanent name change must attach a Customer Name Change Form) t"l f---. - -------------_._------_._-----------------.._--~-_..-------.------------- 1000644874 PO# Date November 16, 2010 .0 Acet # '~ Name/Subseri ber Calhoun County Law Library Bill To Acct # 1000413973 - Order Contirmation Contact Name Shannon Salyer :lI:I t"l E-Mail salyer.shannon@yahoo.com t;1 . Westlaw Password Contact Name (for password delivery) Shannon Salyer "" . '" . E-Mail salyer.shannon@yahoo.com '. X :': .. P~nnllnmt Address Change _ On~-TIm~ShlpTo _ Additional Ship To Additional Bill To - ',,'" Name Calhoun County Law Library Alln: Naiomi Cruz 'Z ,.' Address 200 W. Mahan Suite/Floor ':' ,t"l Port Lavaca TX Calhoun 77979 t;1 City State County Zip " ~ - ,,' CI I: I' . WestlawPROTl'/CD-ROM Products # ofPasswordsl Monthly W"tlaw PRO/CD-ROMI FfEslStudmtsl Banded/Base C C U I.'. P~r User/Conc. Totall\Jonthly W ~stlaw PRO/CD/ Fun Svc # WLEC Products onc. o sns Rate Us~r Rate Oth~r WLEC Charl!e5 40584052 Government Select (Patron Access) 1 990.00 594.00 Not~s: Monthly WestlawPRO Charges. CD-ROM Charges and West LegaJEdcenter Charges. are billed 011 the cUlte West processes Subscriber's order and continue for a minimum of 12 complete calendar months ("Minimum Tenn"). Upon conchlsion of the Minimum Tenn, CD-ROM Charges are billed thereafter at then-current rates. If Subscriber elects a longer Minimul11 Teml the Monthly WestlawPRO Charges and/or West Lcgl1lEdcenter Charges will be billed as set forth herein. _Subscriber's InItials for 24 Month Wl'stlawPRO and/or Wt'St Ll'gnIEdcl'ntel' MInImum T('Im Subscriber agre.:s to cOl11l11it to a Minimum Tcnn 01'24 months and the Monthly WesllawPRO Charges :md/or Wcst l.egalEdccntcr Charges for the second 12 l110nths not to incrcase by more than % over the Monthly Westlnwl'RO Charges and;or West LeglllEdcenter Charges for the initial 12 l11onths. - _Subscriber's Initials for 36 Month \Vt'StlawPRO llnd/or \Vest l.l'galEdcenter i\-Iinimum Tcnn Subscribcr agrees to coml11it to a Minil11ul11 Teml of 36 months and the Monthly WestlawPRO Charges mId/or Wcst LegalEdcent.:r Charges for the second 12 1110nths not to increase by 1110re than ,~__% over the Monthly W.",t1awI'RO Charges and/or West LcgatEdcenter Charges for the initial 12 months and the 1\lonthly WestlawPRO Charges and/or West I .cgalEdcenter Charges for the third 12 months not to increase by more than _~_._,_ % over the Monthly WestlawPRO Charges and/or West LegalEdcentcr Charg.", for the second 12 months. Total Monthly (.1lHrg~s S 594.00 lAW ~'IRM CUSTOMERS ONLY: Upon conclusion of the Westlawl'RO 1\linil11um Teml, including W.'St LegalEdeenter product(s) that are part ofa Wcstlawl'RO ScIeet, the Subscribcr ;\grecmcnt :md this Ordcr Fonn will automatically rcncw for consecutive 12-month periods ("Rcnewal Tenn"), :lIld the Monthly WesllawPRO Charges lor the Rencwal Term(s) will incrc:lse 7% per year LUlless either party gives written notice of cancellation to the othcr party at least 30 days in advance of any I~enewal Tcnn. including the first Rcnewal Term. Additionally, West may at its discretion provide Subscriber with nolice at Ica..t 60 days in advance of any Renewal Tcrm of a Monthly Wcstlawl'RO Charge increase dillcrcnt from 7% all..,. which Subscriber shall have 30 days to provide West with wriUen notice of cancellation if Subseriber docs not wish to renew. Excluded Charges may be 1110dificd as set tilrth in the Subscriher Agrecmcnt (a.s dcfined herein). Subseriher is responsible li)r all Excluded Charges 'IS incurred. During any Renewal Term, Subscriber's access to and use of Westlaw shall be governed by the Subscriber Agreement. Upon conclusion of the West LcgalEdcenter Minimul11 Tenn, as applicable solcly to West l.cglllEdcentcr product(s) that are not part of a Westlawl'RO Select. West LegalEdccnter Charges are billcd Iherealler at up to then-current rates. 9/1 II 0 SAM [net 8.dor CORPORATE AND GOVERNMENT CUSTOMERS ONLY: Upon conclusion of the WestlawPRO and/or West LegalEdcenter Minimum Tenn, Monthly WestlawPRO Charges and/or West LegalEdcenter Charg~ are billed thereafter at _up to th~-current rates. ~xcluded <:harg~s and Monthly WestlawPRO Charges (after the M!"!mum Term) may be moditied as set torth in the Subscriber Agreement (as dehned herem). Subscriber IS responsible tor all Excluded Charges as IIIcurred. After the Mlllmmm Tenn, Subscriber's access to and use of Westlaw shall be governed by the Subscriber Agreement. Subscriber's initials Subscriber has 1 attorneys (partners, shareholders, associates, contract or staff attorneys, of counsel and the like), corporate users or students and PersOlIDel (if ordering a Paralegal Plan) for the location identified above or FTE,s (if ordering Canlpus Research) for WestlawPRO, CD-ROM case law and/or West LegalEdcenter orders. If West learns that the actual number exceeds the number certified above, West reserves the right to increase Subscriber's charges as applicable. CD-ROM, DVD and/or Wrst LegalEdcenter annual billing (please check If requested) West LegalEdcenter Online Featurrs and Senlces: Subscriber's Initials - Subscriber acknowledges that each user will receive an initial e-mail conununication from West LegalEdcenter which includes - important information about using the service (including usemame and password), as well as ongoing communication regarding new online progrwns available in their practice area(s) and special annOlmcements. Suhscriher's users may opt out after the initial e-mail communication. Programs excluded from the Online CLE Pass shall be billed at then-current rates via credit card billing. I Internal Corporate Use Only I G;] Technical Contacts for Wutlaw Patron Access, Campus Research and Thomson Innovation Administrator . . Shannon Salyer Techmcal Contact Name (please pnnt): Telephone: 361-552-7323 E-Mail Address:sa1yer.shannon@yahoo.com Current Account #: 1000644874 Patron Access: IP Address: One IP Address per terminal. Additional pages may be attached ifneeded. Campus Research: IP Address Range · Orders submitted without IP Address information may delay set up and a<:cess Subscriber Initials 1-- Terminals will be used for Patron Access (not required for Campus Research). Thomson Innovation Administrator Name (please print): E-Mail Address: Sub Mati # WestlawPRO Products Current Monthlv WestlawPRO Charl!rs* WestlawPRO Renewals *Current Monthly WestlawPRO Charges is/are rate(s) in effect as of the date of this Order FornI and may not be the rate(s) in effect when rate(s) for the Renewal Term is/are calculated, depending on the length of the current Minimum Term or current Renewal Term. Notes: Non-avaifabltyofftJnds clause If SublCrlbH raft to r@Cetve f1ufleifilt appropriation of ftlnds or aulhor1z;ltton for the expl'nditure of suflclent lunch to provide for the (onlinuaUon 01 this Agreement. or If a lawful order Issued In or for any flIc.1 year cluing .fl. 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(1;) 200~ fhomson Reuters L-::HOB::J4/11.013 COUNTY REPORTS: The Calhoun County Extension Service, JP 2, 3 and 5 presented their monthly reports for the month of October 2010 and after reading and verifying sam~, a Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to accept said reports as presented. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. /Q~XTENSION Texas .A&M System Calhoun County Extension Office October 2010 Report to Commissioner's Court lmprovi"ng Lives.lniproVingTeXtis. October 2: Tractor Supply Promotion Chance and several members of the Calhoun County 4-H Council prepared hamburgers, sold drinks, and cake to feed customers who attended Tractor Supply Companies Promotional Event. This was a generous opportunity given to the council by the people at TSC and a big thank you goes out to them October 3-8: National 4- H Week Calhoun County 4-H did their part to promote 4-H during National 4- H week by sending members ofthe 4-H Ambassador group to speak with 3rd graders in Calhoun County. The Ambassador's who gave the presentation were Rebecca Crain and Brooke Behrens. Through their efforts there have been several new families come by the Extension Office and enquire about the 4- H program and what it can offer them. October 4-6: Sea Grant Program Development Workshop Rhondajoined the other Texas Sea Grant agents and specialists for training and administrative updates in College Station. The Associate Director Logan Respess plans on making this an annual event to give those of us out in the field the opportunity to work on our various plans and focus areas face-to-face and align our goals to the national level. ~ October 7-8: Sea Grant Annual ~AA Researchers Conference L.JtD, This year's Researcher Conference was Texas held at the University of Texas Marine Science Institute in Port Aransas. Whether on the riverbank, along the Gulf Coast, or any other body of water, boats can make the difference in our lives. The 1908 children's classic "The Wind in the Willows" by Kenneth Grahame says it best when Rat explains to Mole, "Believe me, my young friend, there is NOTHING--absolute nothing--half so much worth doing as simply messing about in boats... simply messing about in boats--or WITH boats." An avid sailor, Rhonda is sharing her love and knowledge of all things nautical to help address community-identified issues for youth and families. Calhoun County has over 500 linear miles of coastline and covers approximately 519 square miles of water within the Matagorda and San Antonio Bay systems. Still rural and relatively undiscovered, the county's population will increase as more people move to the Texas coast and as more people acquire vacation homes in the area. Rhonda is developing unique programs using kayaks and puddle duck racers to meet educational and outreach goals to help the coastal community's residents understand their impact on the estuary. Important elements include integrating critical thinking and math skills with boatbuilding, introducing relevant literature, teaching boater safety and environmental awareness from the water level, developing community partnerships, reaching new audiences, and involving new volunteers. October 9: 4-H One Day Event with Lakeside Club, Sea drift One day 4-H is one day for all the 4-H members, parents, leaders, and volunteers to step out into their communities and county and say "thank you" by giving back to them for their support of more than 103 years of 4-H in Texas. This day of community service is what ever each 4-H members, club, or county 4-H Program wants it to be. The Lakeside 4H club worked chose to work with the Seadrift Sail and Yacht Club to clean the Seadrift Bayfront. After the trash was picked up, it was time to play with their puddle duck racer! ~' - .- ~.. . ~.. ..",,' .-' j ~. ----r _. ~-""-')"';-- .....:. ~. ----. ....' \ \ .~ /,4# :" "-"~.. - .~- \ '-'L,. " ./ J I ~~,~ ~ --CQ. \ -'. .. ~.~iI:C~' . ..c:....t.~...~ _ .....~ :..~' . "-- -m" .~ _. ~ 't) )\.-;:_, ~ ~}, '. ,- ~, - (l A:'; ..~'... ;-~ t;. - "' ~&".! t_ '., F. Ir~~ t~. _',' it li~-; ~r' -' . ',I J.';'l{ ':. .-...: t,;:, 1~ #, tl~ '" t, .." . ((:',\'ii'Q.ty ".r . '., ~ . ' ;,1 f Y ':n. . ~ ," . ,'>-- " ,i7) .,. 1 October 9: OneDay 4- H Community Service Event 4-H OneDay is a state-wide Community service event which allows 4- H members to show exactly how big of an impact they can make in just one day. Calhoun County had 2 different groups conduct events. Lakeside 4- H participated in a Beach Clean -Up and then had a play day after they were through. Also, members of the county council painted benches and picked up trash at Tilly Park in Port Lavaca Extension programs serve people of all ages regardless of socio-economic level, race, color, sex, religion, disability, or national origin. The Texas A&M University System, U.S. Department of Agriculture, and the Comity Commissioners Courts of Texas Cooperating. ~, Calhoun' County Extension Office October 2010 Report to Commissioner's Court October 12-16: Calhoun County Fair The Calhoun County Fair was a success this year, especialIy concerning the Livestock Show. Our overalI entries were up and the quality of animals also seemed to be up as welI. Thanks to the efforts of the Junior Livestock Committee and the Auction Committee the funds distributed to the Youth of Calhoun County was up from the previous year. The auction itself was over $200,000 and combined with over $50,000 worth of add-ons over a quarter of a million dolIars was dis- tributed to the youth of the county. October 12-16: Calhoun County Fair, 4-H Boating Ex- hibit Once again, Rhonda housed her educational display at the fair in the Commer- cial Building. This display was to pro- mote 4-H Boating and included a do- nated wooden Opti- mist sailboat out- side the building and six puddle duck racers inside the building. In addition to the KY AK 1610 AM decorated boat that she built for last year's fair, there was the MARINER ONE built by ,the Catholic school 7th graders and the LAKESIDE DUCK built by 4-H boys in Seadrift this summer. The other three puddle ducks were donated this summer by three generous men to help ,Rhonda obtain the equipment necessary to teach youth how to sail. October 13: WHO follow-up meeting #2 Rhonda and Karen Lyssy took the Women Have Options girls on a fishing trip to the Matagordajetties off Port O'Connor as their second fol- low up activity. Assisted by Capt. Joe Surovik, the ladies alIlearned more about catch and release fishing, as welI as species identification, rules and regulations, and fish cleaning for those keepers caught that day. :~ It-;'..!. II ", .::: -~ /~, .. ,.~..~~-...l ,,~ ~ ~ _d', "",-""""I-. ~..;-t"',_, ~ -~ '...- ,~ ," W' - ~"'~- . "'\...,' '1""1 "~ ~ f t A. October 19: Superior Outreach Programming Award Rhonda was part of the Texas Sea Grant Team, The Starfish Flingers, who won this prestigious national award from the Assembly of Sea Grant Extension Program Leaders. FelIow agents Terrie Looney and Julie Massey and Seafood Marketing Specialist Mike Haby won this award which is the only extension/advisory service programming award made by the Assembly to recognize current successes in outreach programming. This award highlights exceptional leadership, teamwork, and accomplishments having significant impact on the Sea Grant Extension mission and their benefit to the public. The Texas Sea Grant team won the award for their relief efforts after Hurricane lke stuck Galveston on September 13, 2008. They had no formalIy defined role in the post-storm response and lacked the financial resources, manpower and authority that governmental agencies had to implement large -scale relief efforts. "We couldn't just stand by and do nothing. The commercial fisherman has always been Sea Grant's traditional clientele and if we weren't going to help them, who would?" Cummins said. The team had the clarity of vision and purpose to see through the post-storm chaos and their own Ike-induced hardships to identifY critical needs that were not being addressed by other responders. They did not fill these gaps to receive recognition but rather because of their commitment and passion to their jobs. October 26: Beef Cattle Seminar with Dr. Jason Cleere Dr. Jason Cleere, Beef Cattle Specialist with AgriLife Extension, came to Calhoun County and gave a presentation on Supplementing Beef Cattle. The meeting was well attended by producers from the county. After Dr. Cleere's presentation Chance spoke about Feral Hog Management and methods that can be utilized in controlling these nuisances. Before the meeting Dr. Cleere and Chance visited 2 ranches in the county to observe their operations and make a few suggestions to hopefully improve there bottom line. October 27-28: Victoria Farm and Ranch Show The South Texas Farm and Ranch Show was held in Victoria on the 27th and 28th. Several citizens of Calhoun County attended to be able to attend presentations given by various speakers from Industry. This was a good opportunity for people to obtain CEU's in areas that interested them. 2 " Calhoun County Extension Office October 2010 Report to Commis~ioner's Court October 29: Quarterly meeting of ASBPA, Corpus Christi Rhonda attended this meeting at the Harte Research Institute on the Texas A&M University campus in Corpus Christi along with approximately 70 other folks. This is one of the most important meetings for the Texas Chapter as they began preparing a coastal agenda for the upcoming 82nd Texas Legislative Session. The State expects an $18 billion deficit and funds for coastal projects will be difficult to obtain. Two technical presentations were given, the most important by Sally Davenport of Coastal Technology Corporation. Her presentation was on the next generation of state rules for erosion response planning in Texas. Local communities are required to develop Erosion Response Plans for approval by the Texas General Land Office (GLO). John Gillen is GLO's primary contact for this program. Plans are due July 20 II. Also of note was information given by Jody Henneke of the Shaw Group. She described the report by Bill Mavis, Secre- tary of the Navy, following the BP oil spill. A task force has been created that includes members from the Gulf States; Jerry Patterson (GLO) is included. The NRDA process is expected to be lengthy and require billions of dollars for set- tlement. It is also hoped that the bureaucracy that has hin- dered flow of ClAP funds will be resolved. $500,000,000 has been set aside by BP for "public research." Overall, it ap- pears that the BP settlement and NRDA process will result in significant coastal projects over a multi-year period. October 29-30: 4-H Food and Nutrition Project The 4- H Food and Nutrition project was a success this year. Kids who attended Friday were educated about formal dining and enjoyed food that you might encounter at a "fancy" meal. There was also a presentation about formal etiquette and culture in different parts of the world. The second day consisted of kids cooking outdoors. They prepared food to be cooked on a grill and also a cobbler made in a dutch oven. UPCOMING EVENTS Nov 8: Buyer Appreciation Dinner Nov 8-19: Rhonda Cummins Nacation Nov 13: Aggiefest Judging Contest Nov 15-19: Program Excellence Academy Training Nov 20: Heart of Texas Judging Contest Nov 25-16: Thanksgiving Holidays Nov 30: Trade Adjustment Assistance Meeting for Shrimp Producers 3 ,., ~ .', '4" "'" " :' Date Travel Description' Miles Meals Lodging Other Other lUsted I ICost J 10-1-10 Project Visits -CEA-AGNR 63.0 10-4-10 Bryan Hotel- Out of County -CEA-CMR (PV) 195.0 10-5-10 Bryan, College Station/Hotel- Out of County -CEA-CMR (PV) 24.0 1()..6.10 Bryan, college Station - SG Meeting - Port Lavaco - Out of County -CfA-CMR (PV) 190.0 10-5-10 Project Visits -cEA-AGNR S7.0 10-7-10 Port Lavaca - CEA-CMR lPV) 5.9 10-7-10 Port Lavaca to Port Aransas Hotel- Out of County - CEA-CMR (PV) 69.1 10-S-10 Port Aransas hotel to Port Lavaca - Out of County - CEA-CMR (PVI 69.4 10-S-10 Port lavaca - CEA-CMR IPv) 4.6 10-9-10 Seadrift and Magnolia Beach. CEA-CMR IPV) 46.8 10-12-10 Port Lavaca, Six Mile. CEA-CMR (PVI 2S.3 10-13-10 Port O'Connor - CEA-CMR (CTI 53.0 10-15-10 Aransas NWR and Victoria - CEA-CMR ICT) 120.6 10-18-10 Port Lavoca - CEA-CMR (PV) 12.6 10-19-10 Port Lavaca - CEA-CMR (PV) 9.3 10-20-10 Port Lavaca, Six Mile - CEA-CMR (PV) lS.9 10.21-10 Seadrift and Aransas Wildlife Refuge - CEA-CMR leTl 86.4 10-25-10 Coastal Bend Classic. CEA-AGNR 151.0 10-26-10 Port Lavaca, Seadrift - CEA-CMR (PV) 32.4 10-27-10 Victoria Farm & Ranch Show - CEA-AGNR 56.0 10-28-10 Victoria Farm & Ranch Show. CEA.AGNR 56.0 10-2S.10 Port Lavaca - CEA-CM R (PVI 4.4 10-29-10 Corpus Christi, ASBPA meeting - CEA-CMR ICT) 193.7 TOTAL 1577.4 $0.00 $0.00 - $0.00 CALHOUN COUNTY EXTENSION OFFICE TRAVEL REPORT TO COMMISSIONER'S COURT OCTOBER 2010 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 month shown. ZU/ y . f rf ~~~~i. ;1--4 Rhonda Cummins, M.M.R. County Extension Agent Coastal & Marine Resources ( ,..I""I""~1d " .1 1<Dv''\ \ ?I\' f . Chance Crl:lssland County Extension Agent 4-H & Youth Development ~ 4 <!" ~ ~ ~_.,-,-----. .--. -~----- .- 'I - , ~ <:' .'~ -: MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS 11/15/2010 COURT NAME: JUSTICE OF PEACE NO.2 MONTH OF REPORT: OCTOBER YEAR OF REPORT: 2010 ACCOUNT NUMBER ACCOUNT NAME AMOUNT CR 1000-001-45012 FINES 6,107.80 CR 1000-001-44190 SHERIFF'S FEES 1,329.30 ADMINISTRA TIVE FEES: DEFENSIVE DRIVING 118.80 CHILD SAFETY 6.66 TRAFFIC 103.99 ADMINISTRATIVE FEES 528.00 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 CR 1000-001-44362 TOTAL ADMINISTRATIVE FEES 757.45 CR 1000-001-44010 CONSTABLE FEES-SERVICE 225.00 CR 1000-001-44062 JP FILING FEES 105.00 CR 1000-001-44090 COPIES / CERTIFIED COPIES 0.00 CR 1000-001-49110 OVERPAYMENTS (LESS THAN $10) 5.00 CR 1000-001-44145 SCHOOL CROSSING/CHILD SAFETY FEE 0.00 CR 1000-999-20741 DUE TO STATE-DRIVING EXAM FEE 0.00 CR 1000-999-20744 DUE TO STATE-SEATBELT FINES 0.00 CR 1000-999-20745 DUE TO STATE-CHILD SEATBEL T FEE 0.00 CR 1000-999-20746 DUE TO STATE-OVERWEIGHT FINES 0.00 CR 1000-999-20770 DUE TO JP COLLECTIONS ATTORNEY 1,237.50 TOTAL FINES, ADMIN. FEES & DUE TO STATE $9,767.05 CR 2670-001-44062 COURTHOUSE SECURITY FUND $300.62 CR 2720-001-44062 JUSTICE COURT SECURITY FUND $70.64 CR 2719-001-44062 JUSTICE COURT TECHNOLOGY FUND $298.62 CR 2699-001-44062 JUVENILE CASE MANAGER FUND $65.00 STA TE ARREST FEES DPS FEES 145.51 P&W FEES 3.00 T ABC FEES 0.00 CR 7020-999-20740 TOTAL STATE ARREST FEES 148.51 CR 7070-999-20610 CCC-GENERAL FUND 318.51 CR 7070-999-20740 CCC-ST A TE 2,866.62 DR 7070-999-10010 3,185.13 CR 7860-999-20610 STF/SUBC-GENERAL FUND 50.45 CR 7860-999-20740 STF/SUBC-STATE 958.63 DR 7860-999-10010 1,009.08 CR 7950-999-20610 TP-GENERAL FUND 242.40 CR 7950-999-20740 TP-ST A TE 242.39 DR 7950-999-10010 484.79 CR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 1.20 CR 7480-999-20740 CIVIL INDIGENT LEGAL-STATE 22.80 DR 7480-999-10010 24.00 Page 1 of 2 if '.. ~ ..;,q MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS 11/15/2010 CR 7865-999-20610 CR 7865-999-20740 CR 7970-999-20610 CR 7970-999-20740 CR 7505-999-20610 CR 7505-999-20740 CR 7857-999-20610 CR 7857-999-20740 CR 7856-999-20610 CR 7856-999-20740 Revised 10/1/2010 COURT NAME: JUSTICE OF PEACE NO.2 MONTH OF REPORT: OCTOBER YEAR OF REPORT: 2010 DR 7865-999-10010 CRIM-SUPP OF IND LEG SVCS-GEN FUND CRIM-SUPP OF IND LEG SVCS-STATE 139.29 TLlFTA-GENERAL FUND 173.26 TLlFTA-STATE 346.51 13.93 125.36 DR 7970-999-10010 519.77 JPAY - GENERAL FUND 63.89 JPAY - STATE 362.02 DR 7505-999-10010 425.91 JURY REIMB. FUND- GEN. FUND 21.19 JURY REIMB. FUND- STATE 190.75 DR 7857-999-10010 211.94 CIVIL JUSTICE DATA REPOS.- GEN FUND CIVIL JUSTICE DATA REPOS.- STATE 0.29 2.66 DR 7856-999-10010 2.95 TOTAL (Distrib Req to Oper Acct) $16,653.30 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD DA - RESTITUTION REFUND OF OVERPAYMENTS OUT-OF-COUNTY SERVICE FEE CASH BONDS PARKS & WILDLIFE FINES WATER SAFETY FINES 0.00 0.00 145.00 0.00 0.00 174.25 85.00 TOTAL DUE TO OTHERS $404.25 TOTAL COLLECTED-ALL FUNDS LESS: TOTAL TREASUER'S RECEIPTS OVER/(SHORT) $17,057.55 $17,057.55 $0.00 Page 2 of 2 ~c. ...~.~ 10/29/2010 Money Distr~,bution Report JUDGE GARY W. NOSKA JP#3 OCT. 2010 MONTHLY REPORT The following totals represent - Cash and Checks Collected Type Code Description Count The following totals represent - Cash and Checks Collected COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST FEES FEES FEES FEES FEES FEES FEES FEES FEES FINE FINE OPMT OTHR CCC CHS CJDD CMI CVC DPSC FA IDF JCD JCPT JCSF JPAY JSF LAF SAF SUBC H HC TIME WRNT CIFF CSRV CVFF DOC OF DFF FFEE JCMF SF DPSF FINE OPMT CP CONSOLIDATED COURT COSTS COURTHOUSE SECURITY CIVIL JUSTICE DATA DEPOSITORY FEE CORRECTIONAL MANAGEMENT INSTITUTE COMPENSATION TO VICTIMS OF CRIME OMNI FUGITIVE APPREHENSION INDIGENT DEFENSE FUND JUVENILE CRIME AND DELINQUENCY JUDICIAL AND COURT PERSONNEL TRAINING JUSTICE COURT SECURITY FUND JPAY DISTRICT JUDGE PAY RAISE FEE JUROR SERVICE FUND SHERIFF'S FEE DPS SUBTITLE C TECHNOLOGY FUND HC TIME PAYMENT FEE WARRANT FEE CIVIL INDIGENT FILING FEE COLLECTION SERVICE FEE CIVAL FILING FEE DEFENSIVE DRIVING DISMISSAL FEE DEFERRED FEE FILING FEE JUVENILE CASE-MANAGER FEE SERVICE FEE DPS FTA FINE FINE OVERPAYMENT CERTIFIED POSTAGE The following totals represent - Transfers Collected Money Totals COST COST COST COST COST COST COST COST COST CCC CHS CJDD CMI CVC DPSC FA IDF JCD CONSOLIDATED COURT COSTS COURTHOUSE SECURITY CIVIL JUSTICE DATA DEPOSITORY FEE CORRECTIONAL MANAGEMENT INSTITUTE COMPENSATION TO VICTIMS OF CRIME OMNI FUGITIVE APPREHENSION INDIGENT DEFENSE FUND JUVENILE CRIME AND DELINQUENCY 15 15 9 1 1 4 1 12 1 1 13 13 13 7 6 12 15 12 5 4 4 5 2 2 2 2 2 3 2 2 12 1 1 25 o o o o o o o o o Retained 49.80 49.10 0.08 0.05 1.50 39.60 0.50 2.00 0.05 0.20 11. 03 9.62 3.41 25.13 24.00 15.04 52.10 30.08 37.81 200.00 1.20 537.60 50.00 19.80 20.00 203.80 50.00 15.00 150.00 590.00 720.50 45.00 5.54 2,959.54 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Disbursed Money-Totals 448.21 0.00 0.72 0.45 13.50 80.40 4.50 18.05 0.45 1.80 0.00 54.53 30.65 0.00 6.00 285 . 72 0.00 0.00 37.82 0.00 22.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,005.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 498.01 49.10 0.80 0.50 15.00 120.00 5.00 20.05 0.50 2.00 11. 03 64.15 34.06 25.13 30.00 300.76 52.10 30.08 75.63 200.00 24.00 537.60 50.00 19.80 20.ocrk ,.. 203.80 50.00 15.00 150.00 590.00 720.50 45.00 5.54 3,965.14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Page 3 fl.J.\. 1."\ c\.<L1'" Gr.."'';..''-~-' 'K""f.",.,J '2 x-f;Z J \. '\ LI<~Y"\.9""". \."'~E:",~ry\'1~-.~ ,~- '" 10/29/2010 Money Distribution Report JUDGE GARY W. NOSKA JP#3 OCT. 2010 MONTHLY REPORT Page 4 ---~~~--~-~~~---~~-~---------------------------------------------------------------------------------------------------------------- The folLowing totaLs represent - Transfers Collected Type Code Description COST COST COST COST COST COST COST COST COST COST COST FEES FEES FEES FEES FEES FEES FEES FEES FEES FINE FINE OPMT OTHR JCPT JCSF JPAY JSF LAF SAF SUBC H HC TIME WRNT CIFF CSRV CVFF DOC OF OFF FFEE JCMF SF DPSF FINE OPMT CP Count JUDICIAL AND COURT PERSONNEL TRAINING JUSTICE COURT SECURITY FUND JPAY DISTRICT JUDGE PAY RAISE FEE JUROR SERVICE FUND SHERIFF'S FEE DPS SUBTITLE C TECHNOLOGY FUND HC TIME PAYMENT FEE WARRANT FEE CIVIL INDIGENT FILING FEE COLLECTION SERVICE FEE CIVAL FILING FEE DEFENSIVE DRIVING DISMISSAL FEE DEFERRED FEE FILING FEE JUVENILE CASE-MANAGER FEE SERVICE FEE DPS FTA FINE FINE OVERPAYMENT CERTIFIED POSTAGE o o o o o o o o o o o o o o o o o o o o o o o o Transfer Totals o The following totals represent - Jail Credit and Community Service COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST CCC CHS CJDD CMI CVC DPSC FA IDF JCD JCPT JCSF JPAY JSF LAF SAF SUBC H HC TIME WRNT CONSOLIDATED COURT COSTS COURTHOUSE SECURITY CIVIL JUSTICE DATA DEPOSITORY FEE CORRECTIONAL MANAGEMENT INSTITUTE COMPENSATION TO VICTIMS OF CRIME OMNI FUGITIVE APPREHENSION INDIGENT DEFENSE FUND JUVENILE CRIME AND DELINQUENCY JUDICIAL AND COURT PERSONNEL TRAINING JUSTICE COURT SECURITY FUND JPAY DISTRICT JUDGE PAY RAISE FEE JUROR SERVICE FUND SHERIFF'S FEE DPS SUBTITLE C TECHNOLOGY FUND HC TIME PAYMENT FEE WARRANT FEE 4 4 3 o o o o 4 o o 4 4 4 4 o 3 4 3 o o Retained 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 0.00 16.00 16.00 0.03 0.00 0.00 0.00 0.00 0.80 0.00 0.00 4.00 3.60 1.20 20.00 0.00 4.50 16.00 9.00 0.00 0.00 Disbursed Money-Totals 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 0.00 144.00 0.00 0.27 0.00 0.00 0.00 0.00 7.20 0.00 0.00 0.00 20.40 10.80 0.00 0.00 85.50 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 0.00 0.00 0.00 0.00 0.00 160.00 16.00 0.30 0.00 0.00 0.00 0.00 8.00 0.00 0.00 4.00 24.00 12.00 20.00 0.00 90.00 16.00 9.00 0.00 0.00 ~~ . ~{' ><'Il ,,~, 't 10/29/2010 Money Distribution Report Page 5 JUDGE GARY W. NOSKA JP#3 OCT. 2010 MONTHLY REPORT ------------------------------------------------------------------------------------------------------------------------------------ The following totals represent - Jail Credit and Community Service Type Code Description Count Retained Disbursed Money-Totals FEES CIFF CIVIL INDIGENT FILING FEE 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVICE FEE 0 0.00 0.00 0.00 FEES CVFF CIVAL FILING FEE 0 0.00 0.00 0.00 FEES DOC DEFENSIVE DRIVING 0 0.00 0.00 0.00 FEES DF DISMISSAL FEE 0 0.00 0.00 0.00 FEES OFF DEFERRED FEE 1 61. 90 0.00 61.90 FEES FFEE FILING FEE 0 0.00 0.00 0.00 FEES JCMF JUVENILE CASE-MANAGER FEE 1 5.00 0.00 5.00 FEES SF SERVICE FEE 0 0.00 0.00 0.00 FINE DPSF DPS FTA FINE 0 0.00 0.00 0.00 FINE FINE FINE 3 383.80 0.00 383.80 OPMT OPMT OVERPAYMENT 0 0.00 0.00 0.00 OTHR CP CERTIFIED POSTAGE 0 0.00 0.00 0.00 Credit Totals 4 541.83 268. 17 810.00 The following totals represent - Credit Card Payments COST CCC CONSOLIDATED COURT COSTS 0 0.00. 0.00 0.00 COST CHS COURTHOUSE SECURITY 0 0.00 0.00 0.00 COST CJDD CIVIL JUSTICE DATA DEPOSITORY FEE 0 0.00 0.00 0.00 COST CMI CORRECTIONAL MANAGEMENT INSTITUTE 0 0.00 0.00 0.00 COST CVC COMPENSATION TO VICTIMS OF CRIME 0 0.00 0.00 0.00 COST DPSC OMNI 0 0.00 0.00 0.00 COST FA .FUGITIVE APPREHENSION 0 0.00 0.00 0.00 COST IDF INDIGENT DEFENSE FUND 0 0.00 0.00 0.00 COST JCD JUVENILE CRIME AND DELINQUENCY 0 0.00 0.00 0.00 COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING 0 0.00 0.00 0.00 COST JCSF JUSTICE COURT SECURITY FUND 0 0.00 0.00 0.00 COST JPAY JPAY DISTRICT 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 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 TIME TIME PAYMENT FEE 0 0.00 0.00 0.00 COST WRNT WARRANT FEE 0 0.00 0.00 0.00 FEES CIFF CIVIL INDIGENT FILING FEE 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVICE FEE 0 0.00 0.00 0.00 FEES CVFF CIVAL FILING FEE 0 0.00 0.00 0.00 FEES DDC DEFENSIVE DRIVING 0 0.00 0.00 0.00 FEES DF DISMISSAL FEE 0 0.00 0.00 0.00 FEES DFF DEFERRED FEE 0 0.00 0.00 0.00 FEES FFEE FILING FEE 0 0.00 0.00 0.00 FEES JCMF JUVENILE CASE-MANAGER FEE 0 0.00 0.00 0.00 FEES SF 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 4.- ~ ... 10/29/2010 Money Distribution Report Page 6 JUDGE GARY W. NOSKA JP#3 OCT. 2010 MONTHLY REPORT ------------------------------------------------------------------------------------------------------------------------------------ The following totals represent - Credit Card Payments Type Code Description Count Retained Disbursed Money-Totals OPMT OPMT OVERPAYMENT 0 0.00 0.00 0.00 OTHR CP CERTIFIED POSTAGE 0 0.00 0.00 0.00 Credit Totals 0 0.00 0.00 0.00 The following totals represent - Combined Money and Credits COST CCC CONSOLIDATED COURT COSTS 19 65.80 592.21 658.01 COST CHS COURTHOUSE SECURITY 19 65.10 0.00 65.10 COST CJDD CIVIL JUSTICE DATA DEPOSITORY FEE 12 0.11 0.99 1.10 COST CMI CORRECTIONAL MANAGEMENT INSTITUTE 1 0.05 0.45 0.50 COST CVC COMPENSATION TO VICTIMS OF CRIME 1 1.50 13.50 15.00 COST DPSC OMNI 4 39.60 80.40 120.00 COST FA FUGITIVE APPREHENSION 1 0.50 4.50 5.00 COST IDF INDIGENT DEFENSE FUND 16 2.80 25.25 28.05 COST JCD JUVENILE CRIME AND DELINQUENCY 1 0.05 0.45 0.50 COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING 1 0.20 1.80 2.00 COST JCSF JUSTICE COURT SECURITY FUND 17 15.03 0.00 15.03 COST JPAY JPAY DISTRICT JUDGE PAY RAISE FEE 17 13.22 74.93 88.15 COST JSF JUROR SERVICE FUND 17 4.61 41.45 46.06 COST LAF SHERIFF'S FEE 11 45.13 0.00 45.13 COST SAF DPS 6 24.00 6.00 30.00 COST SUBC SUBTITLE C 15 19.54 371. 22 390.76 COST H TECHNOLOGY FUND 19 68.10 0.00 68.10 COST HC HC 15 39.08 0.00 39.08 COST TIME TIME PAYMENT FEE 5 37.81 37.82 75.63 COST WRNT WARRANT FEE 4 200.00 0.00 200.00 FEES CIFF CIVIL INDIGENT FILING FEE 4 1.20 22.80 24.00 FEES CSRV COLLECTION SERVICE FEE 5 537.60 0.00 537.60 FEES CVFF CIVAL FILING FEE 2 50.00 0.00 50.00 FEES DDC DEFENSIVE DRIVING 2 19.80 0.00 19.80 FEES DF DISMISSAL FEE 2 20.00 0.00 20.00 FEES DFF DEFERRED FEE 3 265.70 0.00 265.70 FEES FFEE FILING FEE 2 50.00 0.00 50.00 FEES JCMF JUVENILE CASE-MANAGER FEE 4 20.00 0.00 20.00 FEES SF SERVICE FEE 2 150.00 0.00 150.00 FINE DPSF DPS FTA FINE 2 590.00 0.00 590.00 FINE FINE FINE 15 1,104.30 0.00 1,104.30 OPMT OPMT OVERPAYMENT 1 45.00 0.00 45.00 OTHR CP CERTIFIED POSTAGE 1 5.54 0.00 5.54 Report Totals 29 3,501.37 1 ,273.77 4,775.14 .~.-... ,.J 10/29/2010 Money Distribution Report Page 7 JUDGE GARY W. NOSKA JP#3 OCT. 2010 MONTHLY REPORT ------------------------------------------------------------------------------------------------------------------------------------ DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS REST lTUnON 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 & 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 09-01-1991 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 0.00 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 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 09-01-1997 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 09-01-1999 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 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 09-01-2001 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 09-01-2003 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 01-01-2004 Cash & Checks Collected 1,310.50 1,533.90 1 ,070.20 0.00 0.00 50.54 3,965.14 Jail Credits & Comm Service 383.80 359.30 66.90 0.00 0.00 0.00 810.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 1,694.30 1,893.20 1,137.10 0.00 0.00 50.54 4,775.14 TOTALS Cash & Checks Collected 1,310.50 1,533.90 1,070.20 0.00 0.00 50.54 3,965.14 Jail Credits & Comm Service 383.80 359.30 66.90 0.00 0.00 0.00 810.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 1,694.30 1,893.20 1,137.10 0.00 0.00 50.54 4,775.14 ..- i.,! .. ~ 10/29/2010 Money Distribution Report JUDGE GARY W. NOSKA JP#3 OCT. 2010 MONTHLY REPORT DATE PAYMENT-TYPE FINES COURT-COSTS State of Texas Quarterly Reporting Totals Description Count State Comptroller Cost and Fees Report Section I: Report for Offenses Committed 01-01-04 Forward 09-01-01 - 12-31-03 08-31-99 - 08-31-01 09-01-97 - 08-30-99 09-01-91 - 08-31-97 Bai l Bond Fee DNA Testing Fee - Convictions DNA Testing Fee - Comm Supvn DNA Testing Fee - Juvenile EMS Trauma Fund (EMS) Juvenile Probation Diversion Fees Jury Reimbursement Fee Indigent Defense Fund Moving Violation Fees State Traffic Fine 20 o o o o o o o o o o 13 12 9 12 Section II: As Applicable Peace Officer Fees Failure to Appear/Pay Fees Judicial Fund - Const County Court Judicial Fund - Statutory County Court Motor Carrier Weight Violations Time Payment Fees Driving Record Fee Judicial Support Fee Report Sub Total 6 4 o o o 5 o 13 94 State Comptroller Civil Fees Report CF: Birth Certificate Fees CF: Marriage License Fees CF: Declaration of Informal Marriage CF: Nondisclosure Fees CF: Juror Donations CF: Justice Court Indig Filing Fees CF: Stat Prob Court Indig Filing Fees CF: Stat Prob Court Judic Filing Fees CF: Stat Cnty Court Indig Filing Fees CF: Stat Cnty Court Judic Filing Fees CF: Cnst Cnty Court Indig Filing Fees CF: Cnst Cnty Court Judic Filing Fees CF: Dist Court Divorce & Family Law CF: Dist Court Other Divorce/Family Law CF: Dist Court Indig Legal Services CF: Judicial Support Fee Report Sub Total o o o o o 4 o o o o o o o o o o 4 Total Due For This Period 98 FEES BONDS RESTITUTION Collected Retained 521.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 34.06 20.05 0.80 300.76 52.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.41 2.00 0.08 15.04 30.00 120.00 0.00 0.00 0.00 75.63 0.00 64.15 1,166.46 24.00 39.60 0.00 0.00 0.00 37.81 0.00 9.62 183.66 0.00 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 0.00 0.00 1.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.20 1,190.46 184.86 Disbursed 468.91 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30.65 18.05 0.72 285.72 6.00 80.40 0.00 0.00 0.00 37.82 0.00 54.53 982.80 0.00 0.00 0.00 0.00 0.00 22.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 22.80 1,005.60 Page 8 OTHER TOTAL y.- .{.'\o ,~ 11/08/2010 16:59 361-983-2461 CALHOUN CO PCT 5 PAGE 01 ...).-:.: . ~------- Judge Nancy Pomykal Justice of the Peace Pet. 5 Collections for the Month of ~tober 20Jj! Date: November 8, 2010 Calhoun County Commissioner's Court 211 S. Ann Street Port Lavaca, TX 77979 Fax no: 553-4444 COMMISSIONER'S COURT: Attached is the October 201 (> Money Distribution Report for the Justice of the Peace, Precinct 5 court. Faxing 7, Pa2es i.ocludini this cpver. """.., /' ,,/'-", ,,~1 /'~:':;)' SignetP.-:;ii~c /t&,~.,:/ ~~~~/' ,/ V /.' V ...... 11/138/213113 16:59 361-983-2461 .1" . CALHOUN CO PCT 5 PAGE 132 11/08/2010 Money Oistribution Report JUDGE NANCY POKYKAL - PCT 5 - OCTOBER 2010 REPORT Page 1 Receipt Cause/Defendant ------~.~~------------------~---_._-~------_.----~--------------~-"----------~-_.---_.~~------~.----~-------------~--------------.-- Tot<l L I COde AlllOunt I 0374117 10-08-0248 10-05-2010 I JSf 3.00 POPE, PETER ESTES I JPAY 6.00 1021 company Check I 0374118 10-09-0268 10-11-2010 I JSF 3.00 VALLEJO, RIGOBERTO GARCIA I JPAY 6.00 cash I 0374119 10-08-0254 10-12-2010 FINE 30.00 GOSSETT, MICHAEL GORDON Cash 10-13-2010 JSF 3.00 10F 2.00 0374120 10-10-0269 NGUYEN, CHUC TAN Personal C/leek 10-13-2010 0374121 10-08-0249 JORDAN, TABITHA ~aE Credit Card 0374122 10-06-0228 10-13-Z010 J$F W~lTZEL, RYAN ASHLEY JPAY eredit Card 0374123 10-08-0241 10-13-2010 I JSF STRAKOS, TRACIE LYNN I JPAY Credit eerd I 0374124 10-08-0244 10-14-2010 I JSF STEANE, BRADLEY JOHN I JPAY Money Order I 0374125 10-04-0131 10-18-2010 I JSF PUCCIO, CHARLES JOSEPH I DPSC company Check I SUBt 0374126 10-08-0242 10-18-2010 I JSF SWOPE, ALLY SON 8E~~AH I JPAY Personal Check I 0374127 10-10-0211-5C 10.19-2010 I $FEE RENEAU, JOHN DAVID I NO.ZS20 Personal Check I 0374128 10-06-0243 10-19-2010 I J5F FRANCO, CLARRIUlA PERALES I JPAY Mon~y Order I 0374129 10-08-0240 10-19-2010 I JSF LARRfMORE, WILLIAM 1HOMAS I JPAY 158581 Money Order I 0374130 10-09-0260 10-.25-2010 I JSF TODISH, JEFFREY ALLEN I JCSF 3568 Per,anal Check I 0374131 10-09-0259 10~27-2010 I JSF BRYER, RICHARD ZACHARY I JCSF 2147 Per&onal Check I JSF JCSF 3.00 1.00 3.00 I CCC 6.00 I IDF I 3.00 I cee 6.00 liD!' I 3.00 I cee 6.00 I IDF I 3.00 11Ft 30.00 I JtSF 30.00 I CSRV 3.00 I cee 6,00 I IDf I 75.00 I I I 3.00 I cee 6.00 I IDF I 3.00 I cce 6.00 I IDF I 3.00 I TFe 1.00 I JPAY I 3.00 I 1.00 I I Code Amount I Code Amount I Code Amount I Code Amount I code Amount I I I I I I CCC 40.00 I CHS 4.00 I SAF 5.00 I TF 4.00 I JCSF 1.00 I IDF 2.00 I FINE 50.00 I I I I I I I I I ece 40.00 I CHS 4.00 I LAF 5.00 I TF 4.00 I JeSF 1.00 I IDF 2.00 I FINE 9$.00 I I I I I I I I I SU8C 10.00 I I I I I I I I I I I I I I I cee 40.00 I CHS 4.00 I TF 4.00 I Jt$F 1.00 I JPAY 6.00 I PWF 295.00 I PWAF 5.00 I I I I I I I I I TFC 3.00 I cce 40.00 I CMS 4.00 I SAF 5.00 I TF 4.00 I JPAY 6.00 I IDf 2.00 I "VF 0.10 I Fl~e 121.90 I SUBt 30.00 I I I I I I 40.00 I CMS 4.00 I SAF 5.00 I TF 4.00 I JCSF 1.00 1 2.00 I FINE 95.00 I I I I I I I I I 40.00 I CHS 4.00 I SAF 5.00 I TF 4.00 I JCSf 1.00 I 2.00 I FINE 50.00 I I I I I I I I I 40.00 I CHS 4.00 I SAF 5.00 I TF 4.00 I JCSF 1.00 I 2.00 I FINE ~S.oo I , I I I I I I I 3.00 I CCC 40.00 I CHS 4.00 I SAF 5.00 I TF 4.00 I 1.00 I JPAY 6.00 I IDF 2.00 I MVF 0.10 I FIN~ 101.90 I 69.00 I I I I I 40.00 1 CH$ 4.00 I SAF 5.00 I TF 4.00 I JC$F 1.00 I 2.00 I FINE 50.00 I I I I I I I I I IFEE 6.00 I FILl 25.00 I I I I I I I I I I I I I I 40.00 I CHS 4.00 I SAF 5.00 I Tf 4.00 I JCSF 1.00 I 2.00 I FINE 50.00 I I I I I I I I ! 40.00 I CH$ 4.00 I SAF 5.00 I TF 4.00 I JCSF 1.00 I 2.00 I FINE SO.OO I I I I I I I I I 3.00 I teC 40.00 I CHS 4.00 I SAF 5.00 I TF 4.00 I 6.00 I IDF 2.00 I MVF 0.10 I FINE 61.90 I SUBC 30.00 I I I I I I TFC 3.00 I cce 40.00 I CH$ 4.00 I SAF 5.00 I TF 4.00 I JPAY 6.00 I IDF 2.00 I HVF 0.10 I DFF 121.90 I suec 30.00 I I I I I I 115.00 160.00 40.00 360.00 220.00 160.00 115.00 90.00 299.00 115.00 106.00 115.00 115.00 160.00 220.00 11/08/2010 16:59 361-983-2461 CALHOUN CO PCT 5 PAGE 03 11/08/2010 Money Oi&tribution Report Page 2 JUDGE NANCY POHYKAL - PCT 5 - OCTOBER 2010 REPO~T ______~__.___--_______~------------------------------------.-______.~~-----------------------.~------.------~---------__W~-----~---- The following totals repre$ent - Cash and Checks collected Type Code De&criptioh Count Rttained Oisbursed I'IOney-Totals The following totals represent - Cash and Chec~s collected COST Cl;C CONSOLIDATED COURT COSTS 10 40.00 360.00 400.00 COST CMS COURTHOUSe SECURITY 10 40.00 0.00 40,00 COST DPSe DPS FAILU~E TO APPEAR IOMNI FEES 1 9.90 20.10 ;50.00 COST IDF INDIGENT DEFENSE fUND 10 2.00 18.00 20.00 COST JCSF JUSTICE COU~T SECURITY FUND 10 10.00 0.00 10.00 COST JPAY JUDGE PAY RAISE FEE 10 9,00 51.00 60.00 COST JSF JUROR SERVICE FuND 10 3.00 27.00 30.00 COST LA, SHERIFF'S FEE 1 5.00 0.00 5.00 COST MVF MOVING vl0~TlON FEE 3 0.30 0.00 0.30 COST PWAI' TEXAS PARK5 & WILDLIFE 1 4.00 1.00 5.00 COST SAF DPS 8 32.00 8.00 40.00 COST TF TECHNOLOGY fUND 10 40.00 0.00 40.00 COST TFC TFC 3 9.00 0.00 9.00 FEES CSRV COLLECTION SE~VICES FEE 1 69.00 0.00 69.00 FEES DFF DEFERRED FEE 1 121.90 0.00 121.90 FEES FIll F n.ING FEE '\ 25.00 0.00 25.00 FEES IFEE INDIGENT FEE 1 0.30 5.70 6.00 FEES SFeS SERVICE FEE 1 75.00 0.00 75.00 FEI;S suec sue T lTL.E C 4 5.00 95.00 100.00 I'1NE FlNE FINE 9 513.80 0.00 513.80 FINE PWf P^~KS & WILDlIF~ FINE 1 44.25 250.75 295.00 !'Ionty Tota~1 12 1,058.45 836.55 1,895.00 The following totals represtnt M Tranlfe~& Collected COST cce CONSOLIDATED COURT COSTS 0 0.00 0.00 0.00 COST CH$ COURTHOUSE SECURITY 0 0.00 0.00 0.00 COST DP.SC bPS FAILURE TO APPEAR 10MNI fEES 0 0.00 0.00 0.00 COST IDF INDIGENT DEFENSE fUND 0 0.00 0.00 0.00 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 LA I" SHERIFF'S fEE 0 0.00 0.00 0.00 COST l'lVf MOVING VIOLATION FEE 0 0.00 0.00 0.00 cosT PWAF TEXAS PARKS & WILDL1FE 0 0.00 0.00 0.00 COST SAF bPS 0 0.00 0.00 0.00 tOST TF TECHNOLOGY FUND 0 0.00 0.00 0.00 COST TFC TFt 0 0.00 0.00 0.00 FEES CSRV COLLECTION S~RVICES FEE 0 0.00 0.00 0.00 FEES OFF DEFERRED FEE 0 0.00 0.00 0.00 PEES F lL.! FILING FEE 0 0.00 0.00 0.00 FEES IFEE INOIGENT FEE 0 0.00 0.00 0.00 FEES SFEE SERVICE fee 0 0.00 0.00 0.00 FSES Suat sue TITLE t 0 0.00 0.00 0.00 FINE FINE FINE 0 0.00 0.00 0.00 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 11/08/2010 16:59 361-983-2461 CALHOUN CO PCT 5 PAGE 04 11/08/2010 Money bistribution Report Page 3 JUDG~ NANCY POMYKAL - PCT 5 - OCTOBER 2~O REPORT ~___~_.__________~.~__________-______M_M----------------------~~--------------~--~--------------.------~_._-----------~-~----------- The following totals re~resent ~ Tranafer$ colleoted Type Code Description Count Retained DiI/obursed HQIley-Totals Tral\9fer Total, 0 0.00 0.00 0.00 The following total. repre&ent - Jail Credit and Community Service COST cec CONSOLIDATED COURT COSTS 0 0.00 0.00 0.00 COST CH$ COURTHOUSE SECURITY 0 0.00 0.00 0.00 COST DPSC DPS FAILURE TO APPEAR /OMNI fEES 0 0.00 0.00 0.00 COST IOf INDIGENT DEfeNSE FUND 0 0.00 0.00 0.00 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 COSi JSF JUROR SERVICE FUND 0 0.00 0.00 0.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST I'lVr MOVING VIOLATION FEE 0 0.00 0.00 0.00 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAF t>PS 0 0.00 ,0.00 0.00 COST TF TEeHtroLOGY FUND 0 0.00 0.00 0.00 COST 1ft TFC 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVICES FeE 0 0.00 0.00 0.00 FEES OFF DEfERRED FEE 0 0.00 0.00 0.00 FEES FIll F lUNG FEE 0 0.00 0.00 0.00 FEES IFEE INDIGENT FEE 0 0.00 0.00 0.00 FEES SFEE SERVltE FEE 0 0.00 0.00 0.00 FEES SUBC SUB TITLE C 0 0.00 0.00 0.00 FINE FINE FINE 0 0.00 0.00 0.00 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 Credit Totals 0 0.00 0.00 0.00 The following totals repr~sent - credit Card Payments COST tCt CONSOLIDA1ED COURT COSTS 3 12.00 108.00 1Z0.00 COST CHS COURTHOUSE SECURITY 3 12.00 0.00 12.00 COST DPSC OPS fAILURE TO APPEAR /OHN! FEES 0 0.00 0.00 0.00 COST IDF INDIGENT DEFeNSE FUND 3 0.60 5.40 6.00 COST JCSF JUSTICE COURT SEtU~ITY FUND 3 3.00 0.00 3.00 COST JPA't JUDGE PAY RAISE FEE 3 2.10 15.30 18.00 COST JSF JUROR SERVICE FUND 3 0.90 8.10 9.00 COST LoAF SHERIFF'S FEE 0 0.00 0.00 0.00 eOST MVF MOVING VIOLATION FEE 1 0.10 0.00 0.10 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAf IlPS 3 12.00 3.00 15.00 COST TF TECHNOLOGV FUND 3 12.00 0.00 12.00 COST TFC TFt 1 3.00 0.00 3.00 FEES CSRV COLLECTION SERVICES fEE 0 0.00 0.00 0.00 FEES OFF DEFERRED FEE 0 0.00 0.00 0.00 FEES FILl FILING FEe 0 0.00 0.00 0.00 FliliS lFEE INDIGENT FEE 0 0.00 0.00 0.00 fEES SFEE SERVltE FEe 0 0.00 0.00 0.00 " 11/08/2010 16:59 361-983-2461 CALHOUN CO PCT 5 PAGE 05 11/08/2010 Money Distribut10n Report Page 4 JUOGE NANCY POMYKAL . PCT 5 . OCTOBER 2010 RepORT _______________-----------------.----------------.~--~--------____------M---------~---~-------~-------~------------.-~------------.- The 1ollowing totals represent - credit C.rd P~yments Type Code Description Count Retained Disburliied I1oney.Toti!lls FEES SUBC SUB TIn.1i C 1 1.50 28.50 30,00 FINE FINE FINf; :5 ~66,90 0,00 266.90 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 credit Totala :5 3i!6.70 168.30 495.00 The following totaLs represent - combined Money and Credits COST cce CONSOLIDATED COURT COSTS 13 52.00 468.00 520.00 COST CMS COURTHOUSE SECURITY 13 52.00 0.00 52.00 COST DPSC OP$ FAILURE TO APPEAR /~NI FEES 1 9.90 ;:0.10 30.00 COST IDF INDIGENT DEFENSE FUND 13 2.60 23.40 26.00 COST JCSF JUSTICE COURT SECURITY FUND 13 13.00 0.00 13.00 COST JPAY JUDGE PAY RAISE FEE 13 11.70 66.30 78.00 COST JSF JUROR SERVICE FUND 13 3.90 35.10 39.00 COST LAF SHER:tFF'S FEE 1 5.00 0.00 5.00 COST MVF KOVING VIOLATIO~ FEE 4 0.40 0.00 0.40 COST PWAF TEXAS PARKS & WlLOLIF~ 1 4.00 1.00 5.00 COST SAF DPS 11 44.00 11,00 55.00 COST TF TECHNOLOGY FUND 13 52.00 0.00 52.00 CoST TFC TFC 4 12.00 0.00 12.00 FEES CS~V COLLECTION SERVICES reE 1 69.00 0.00 69.00 FEES OFF DEFERRED FEE 1 121 .90 0.00 121.90 FEES FIL.I FILING FEE 1 25.00 0.00 25.00 FEES IFE! INDIGENT FEE 1 0.30 5.70 6.00 FEES SFEE $E~VlCE FEE 1 75.00 0.00 75.00 Fees SUBC SUB Tl TL.E C 5 ~.50 123.50 130.00 FINE FINE F1NE 12 780.70 0.00 780. 70 FINE PWF PAR~$ & WILDL.IFE FIHE , 44.25 250.75 295 .00 Report Totals 15 1, 3as . 15 1,004.85 2,390.00 . ~ . ~ 11/88/2818 16:59 361-983-2461 CALHOUN CO PCT 5 PAGE 86 11/08/2010 Honey Distribution Aeport page 5 JUDGE NANCY POMYKAl,. -lpCT5 - OC'fOBER 2010 REPORT W~~________.~_________~-_________________________---___.~--____~------.-~~----~------------------~-------.----~.~------~-----p-----~ DArE PAYMENT-TVPE FINES COURT-COSTS FEES BOKl>S RESTITUTION OTHl:~ TOTAL 00-00.0000 Ca&h & 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 Collection, 0.00 0.00' 0.00 0.00 0.00 0.00 0.00 09-01-1991 Ca.h & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 JaiL credit& & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & 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 09-01-1993 cash & Cheeks 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 & Check& 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 & Tran&f~r. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 01 all collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01.1997 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 iotal of a~l ColLections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1m C8&h & 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 & Trans1ers 0.00 0.00 0,00 0.00 0.00 0.00 0.00 Total of ell colleotions 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-2001 C8sh & CheckS Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & ComM servioe 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit cards ~ Trans1ers 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 09-01-2003 Cash & Ch~ck& colleoted 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 ell Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 01-01-2004 Cash & Chocks Collected 808.80 689.30 396. 90 0.00 0.00 0.00 1,895.00 Jail credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfer, 266.90 198.10 30.00 0.00 0.00 0.00 495.00 Total of all COllections 1,07S.70 887. 40 426.90 0.00 0.00 0.00 2,390.00 TOTALS Cash & Checks Collected 808.80 689. 30 396.90 0.00 0.00 0.00 1,895.00 Jail Credits & comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & TranSfers 266.90 198.10 30.00 0.00 0.00 0.00 495.00 Total of all Collections 1,075.70 887.40 426. 90 0.00 0.00 0.00 2,390.00 11 ACCOUNTS ALLOWED - COUNTY: II ii i! Claims totaling $4,932,878.89 were presented by t,he County Treasurer and after reading and verifying same; a Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy that said claims be approved for payment. Commissioners Galvan} Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. " ACCOUNTS ALLOWED - MEMORIAL MEDICAl CENTER: Claims totaling $1,417,377.10 were presented by ~he County Treasurer and after reading and verifying same; a Motion was made by Commissioner Fritscr seconded by Commissioner Lyssy that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. " i; ACCOUNTS ALLOWED - INDIGENT HEAL THCARE: ii Claims totaling $115,604.43 were presented by th~ County Treasurer and after reading and verifying same; a Motion was made by Commissioner Fritscr seconded by Commissioner Lyssy that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. II I BUDGET ADJUSTMENTS: A Motion was made by Commissioner Fritsch and ~econded by Commissioner Lyssy that the following Budget Adjustments be approved. Commissioners: Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. '! GENERAL DISCUSSION: HAPPY THANKSGIVING EVERYONE!!! Court was adjourned at 10:20 am << ,), ,~ 11/08/2010 16:59 361-983-2461 CALHOUN CO PCT 5 PAGE 07 I 11/08/2010 Money Distribution Report JUDGE NANCY POMYKAL - PCT 5 - OCTOBER 2010 REPORT Page 6 ____.~..___w--------.--------...----.-------.---~--------~--_____~-------------M----------------w--------.------'-------~---------- DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS RESTlTUTION OTHl:R TOTAL State of Texas Quarterly Reporting Totals Description Count collected Retained Dhbur$ed State Comptroller Cost and Fees Report Section 1: Report for Offenses Committed 01-01-04 Forward 13 520.00 52.00 468.00 09-01-01 - 12-31-03 0 0.00 0.00 0.00 08-31-99 - 08-31-01 0 0.00 0.00 0.00 09-01-97 - 08-30-99 0 0.00 0.00 0.00 09-01-91 - Q8-!1-97 0 0.00 0.00 0.00 aai l Bond F@E: 0 0.00 0.00 0.00 DNA Testing Fee - Convictions 0 0.00 0.00 0.00 DNA ieat;n~ Fee - Comm Supvn 0 0.00 0.00 0.00 DNA Testing Fee - Juvenile 0 0.00 0.00 0.00 EMS Trauma fund (EMS) 0 0.00 0.00 0,00 Juvenile Probation Diversion Fees 0 0.00 0.00 0.00 Jury Reimbursement Fee 13 ~9.00 3.90 35.10 Indigent Defense ~und 13 416.00 2.60 23.40 Moving Violation Fees 0 0.00 0.00 0.00 State Tr$ftic Fine S 130.00 6.50 123.50 Section n: As Applicable Peace offioer Fee& 12 60.00 48.00 12.00 Failure to Appear/pay Fees 1 30.00 9.90 20.10 J~dic;al Fund - Const County Cou~t 0 0.00 0.00 0.00 JUdicial Fund - Stet~tory County Court 0 0.00 0.00 0.00 Motor Carrier Weight Violations 0 0.00 0.00 0.00 Time payment Fees 0 0.00 0.00 0.00 Driving Record Fee 0 0.00 0.00 0.00 Jud;cial support Fee 1~ 78.00 11.70 66.30 Report Sub Total 10 883.00 134.60 748.40 State CoMptroller Civil Fees Report CF: Birth Certificate Fees 0 0.00 0.00 0.00 CF: Marriage Lieenee Fees 0 0.00 0.00 0.00 CF: Declaration of Infor~al "arri~e 0 0.00 0.00 0.00 CF: Nondisclosure Pees 0 0.00 0.00 0.00 CF: Juror Oonat;ons 0 0.00 0.00 0.00 CF: Justice Court Ind;g Filing Fees 1 6.00 0.30 5.70 Cf: Stet Prob court Indig Filing Fees 0 0.00 0.00 0.00 Cf: Stat Prob Court Judie Filing Fees 0 0.00 0.00 0.00 CF: Stat cnty Court Indig Filing Fees 0 0.00 0.00 0.00 CF: Stat cnty Court Judic Filing Fees 0 0.00 0.00 0.00 Cf; Cnst Cnty Court Indig Filing fees 0 0.00 0.00 0.00 CF: cnst Cnty Court Judie Filing Fees 0 0.00 0.00 0.00 CF: Dist Court Divorce & Family Law 0 0.00 0.00 0.00 CF: Dist Court Other D;vorce/family ~aw 0 0.00 0.00 0.00 CF: Dist Court Indig Legal Services 0 0.00 0.00 0.00 CF: Ju~;o;al support Fee 0 0.00 0.00 0.00 Report Sub Total 1 6.00 0.30 5.10 Total Oue For This Period 71 889.00 134.90 754.10 I ! . - - - .- - - - - - - - - - - So. = fl)U o it') 2:" ~.o Q 5Z ;t St- ~.. 5Z 511I 52 5" 5~ 54 5a. 51Y ~ca SZ 50 5U so 5'" 5~ SO ~ 5A. t: -. ... 5tIJ S 5Z ~ SO ~ __ to- 51- it ~= B 511I ~ " 5A. ~ ... soe ~ SlY ;: ,8 5U ;) 5Z 0 .~ ~~ Iz 5::)1 '=11I ~ Q 52 lei ~ sC m ~.. 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