2010-11-22
.,'1"
Regular November Term
Held November 22, 2010
COUNTY OF CALHOUN
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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.
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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
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Policy and Procedures
Calhoun County
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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
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Court and Treatment Expectations..................................................................................
Example Violations......................................................................................................... 15
Sanctions I Treatment Responses ..................................................................................16
Rewards........................................................................................................................ . 16
Phase III.....:........................................................................................................................... 16
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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
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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
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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.
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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.
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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
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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.
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VI. Calhoun County OWl Court Process
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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;
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· 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
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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.
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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'..=
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· 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
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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
,.
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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
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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
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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
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tomer Initials
Page 2 of3
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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:
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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
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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:
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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
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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. THIn of this AgrHment and
the Order Form reduces the tunds appropriated or authorized i1 suet! amounts as to precl.lde makilg the payments set out henin, this Agreement shall rennin,le on the date said funds are no ktnger available 'MD'tout any termination charges or other
Habilty incurmg 10 Subscriber. SubsQiber shall cerUftand walTJ!nt iI 'M"iting that sufficient funds have not been apPropn,tect or authonzed to continue this Pntendment. .nd provkfe West Ratite not less Ih.n thirty (30) days prior to the date of
cancellation.
_Subseriber'. Initials for 12 Month Renew... Tenn .. Subscriber agrees to commit to an additional 12 months and Ihe !\Ionthly WestlawPRO Charges for .he such
additional 12 months shall be __0'. more than the :\Ionthly WestlawPRO Chargcs in etlect at the end of the current J\-1inimum Tenn and/or current Renewal Tenn.
_Subscriber's Initials for 24 :\Iooth l~elK'Wal T..nn ** Subscriber agrees to commit to an additional 24 months. 'nle !\'Ionthly WestlawPRO Charges for the first
additional 12 months slmll be _____ __0. more Ih'll1 Ihe !\.'onlhly Westlawl'RO Charges in etle~1 at the cnd of the current MinimulII Term and/or current Renewal Tenn 'lIld the
Monthly Westlawl'RO Charges for the sccond additional 12 months shall he _._.__m.% more than the Monthly Westlawl'RO Charges lor the first additional 12 months.
_Subll('libl'r's Initlllls for 36 :\Ionth Rl'newlll Tenn .. Subscribllr agrees to commit to an additional 36 months. 11le Monthly Westlawl'RO Charges f(>r Ihe lirst
additional 12 monlhs shall he ___u..o. more than the Monthly Westlawl'RO Charges in e/lect at the end of the current Minimum Term and/or current Renewal Term and the
Monthly WestlawPRO Charges for the second additional 12 month~ shall he ._..___.;.___% more than the Monthly Westlawl'RO Charges Ii,r the first additional 12 lIlonths_ The
Monthly Westlawl'RO Charges for the third additional 12 months shall be _____.~ more than the Monlhly WestlawPRO Charges Ii>r the second additional 12 months.
In the event a promotion in the underlying Ordllr Fonn rCl/uired Subscriber to maintain a suhscriplion to ccrtain West products in order to he eligible Ii>r such promotion
("lkpcnd..1I1cy Subscription(s)"), Subscrihllr must also mllintain such Dependency Subscription(s) during thlll~enewlll l' enn so that Subscriher mllY hll eligible lor the pricing
set Iilrth herdn. In the cvent Subscriber temlinates any ofthll Depcndeney Subscriplion(s) during the Renewal "":rm. any promotions and relat.:d discounts t,>r .he Dependency
Subscription(s) shall immediately terminate.
"Effcctive at the cnd "flhe currcntMinimllm Tcrm or current Rcncwal Tenn.
9/1/1lI
SAMlnct
8. dot
· LAW FIRM CUSTOMERS ONLY: Upon conclusion oflbe Renewal Term designated above, the S~bs~riber Agreement and this Or~r Form wil~ amom~tically ~new
for consecmive 12-month periods, and the Monthly WestlawPRO Charges for the Renewal Term(s) WIll mcrease 7% per year Wlless either party gives wntten notice of
cancellation to the other party at least 30 days in advance of any Renewal Term. Additionally, West may at its discretion provide Subscriber with notice at least 60 days
in advance of any Renewal Term of a Monthly WestlawPRO Charge increase different from 7% after which Subscriber shall have 30 days to provide West with written
notice of cancellation if Subscriber does not wish to renew. Excluded Charges may be modified as set forth in the Subscriber Agreement. Subscriber is responsible for all
Excluded Charges as incurred. During any Renewal Term. Subscriber's access to and use of Westlaw shall be governed by the Subscriber Agreement.
· CORPORATE AND GOVERl~MENT CUSTOMERS ONLY: Upon conclusion of the Renewal Term designated above. Monthly WestlawPRO Charges are billed
thereafter at then current rates. Excluded Charges and Monthly Westla\vPRO Charges (after the Renewal Term) may be modified as set forth in the Subscriber
Agreement. Subscriber is responsible for all Excluded Charges as incurred. During the Renewal Term and thereafter, Subscriber's access to and use of Westlaw shall be
governed by the Subscriber Agreement.
I.
Westlaw Passwol'ds and QuickView+
,
Last Name First Name. M.I. Jdl! CIrk Attv Ub Para Other Productls)
Subscriber shall authorize which Westlaw password(s) shall have access to QllIckVlew+. Actual charges billed by West may vary from charges reported on QmckVlew+.
Subscriber shall pay charges as billed. West does not warrant and has no liability with respect to accumcy of charges or other information on QuickView+,
Authorized QuickView+ Password Holder
I I
Password
Authorized Acct. #
Print Products/Other Products
J
Fun Svc # Print Products and Other Products Ouantltv List Cba~es Other CbaNes
. . , ,
I NM'"
Tel'ms ofPaym('nt for Print Produds. Wesrs standard terms of payment for print products purchased are net 30 days.
on thc purchase price. Installment payment tenns arc $ per monlh plus lax for approximately
addilional amounts under Ihis Order Fonn, is paid in full.
SubKriptlon Snvk('. Passwords and West km C;ovemment Express. Subscriplion services may consist of updates and/or supplemenls to the service. illCluding but not
limih,d 10: (a) CD-ROM Libraries: updated, replacement or supplcment..1 CD-ROMs and online updates. and other relaled supplemental nmterial: (b) Prinl Prodlll:ts: po~kel
parts, pamphlets, replacement or ancillary volumes; loose-leaf pages and other relaled supplemental materials; all of which may be billed separately at then-current rates,
Subscriber hcrcby "-'quests that West provide subscription services for the herein-described products at then-current rates until such subscription scrvices are cancelled by
Wcst or canccllcd upon wriUcn request by Subscriber (or as provided for in the Subscriber Agreement for CD-ROM products). Any passwords issued herein may only be
used by the person to whom Ihe pa.ssword is issued and sharing of passwords is STRICTLY PROHIBITED. Subscribers licensing only LiveNole/Case
Notcoook/Timeline/Publisher Sottware willnol be issued WestJaw passwords. West km Governmenl Exprcss soflware Ii~ensed hereunder must rcside on a dedicated server
provided and maintained by Subscriber at Subscriber's expCIL'e, and such server must be accessible to all ofSubscriber's authorized users. ;.~
C;('II('rnl Provisions. 'Ihis Order Form is subject to approval by West. a '11lomson Reuters business ("West") in St. Paul, Minnesota. and is governed by U.nn .......... law. '111e
state and f;:deral courts sitting in hi:...... ..I.. will have exclusive jurisdiction over any claim arising from or related to this agn.'Cmcnt. I\pplieable sales, use. perstmal property.
value added tax (V A T) or elluivalent. ad valorem and other taxes are payable by Subscriber. Subscriber may be chargcd interest for ovcrdue installmenls .md subso;riptions
and lilr othcr open account chargcs. If any installments. subscriptions. subscription services. WcstJaw Chargcs or open account charges n:main unpaid 30 days alk'!" becoming
due. allunmaturcd installmcnls. including all amounts Ihat are or would becomc due and payable lor the rcmaining Icrnt or Subscribcr's Subscriber Agn:cmcnt. shall bccomc
innllcdiately due and payable at the sole option or West. Interest charged may be adjustcd to thc thcn-highest currelll rate allowable Oil Minncsota contracts. 'I1tis Order Form
is non-trllllsfcrable. All colkclion 1..'Cs. including but nOllimited 10 attorncys Ii:es. arc payablc by Subscriber. Transportation and handling (FOB origin) chargcs will be added
for prinl products. Weslmay requcst a currcnt fin'lllcial statcment and/or obtain consumer credit rcport on the undcrsigned individual to dctcrlnine credilworthiness. West
will only request consumer credit infonllation on the undersigned if the undersigned is applying Itlr credit a.s an individual or irthe undersigned's consumer crcdit infornmtion
is necessary lor West to ~onsider granting "Tedilto the altlrcmentioned company. If Subscrihcr imluires whether a credil report Was rellucsted, Wesl will provide ildonnalion
of such, if a rcport W:LS reccivcd ,md the name. "ddrcss and telcphone number of the agency Ihal supplied the report.
Total Charges S
West may eject to accept installment pllyments
months until thc purchasc pricc, plus any
9/1/10
SAMlnet
8,dol
ReturnB. If Subscriber is not completely satisfied with any print or CD-ROM product received from West. the product may be returned within 45 days of the invoice date for
a full refund or credit, in accordance with West's then-current returns policies. Wesdaw Charges and West LegalEdcenter Charges are non-refundable.
I' ,I Online/CD-ROM Products to be Lapsed I'
Fun Sn # OnHne/CD-ROM Products
I I
# or Passwords
The Subscriber Agreement for Wesdaw and CD-ROM Libraries, the applicable Schedule A priCt' plan. (for WesdawPRO products and/or CD-RO\I
Libraries pl'oducts), and/or the West ugalEdcenter Subscriber Agret'ment (for West LegalEdcenter products) and/or the Thomson Innovation Schedule
and Third Party Terms Schedule (for Thomson Innovation) individually or jointly, as app6cable, ("Subscriber Agreement") is/are hereby Incorporated by
reference and made part of this Order Form. In the event there Is a conmct between the terms and conditions of the Subscriber Agreement and the terms
and conditions of this Order Form. the terms and conditions of this Order Form shall control. Subscriber by hislher signature below, acknowledges
hislher understanding and acceptance of the terms and conditions of th~, Subscriber Agreement.
Signature X
AUTHORIZED REPRESENTATIVE FOR ORDER FORM
Date
Printed Name
Title
Date
Signature X
For Credit Card Transactions only:
Card #
Vua ~mMerCard
ElIplr. Date
..
AmEli
Total Amt. to Charge
91 Ii 1 0
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Non Availability of Funds Clause:
If Calhoun County fails to appropriate or authorize the expenditure of sufficient funds to
provide for the continuation of this Amendment or if a lawful order issued in or for any
fiscal year during the Term of this Amendment reduces the funds appropriated or
authorized in such amounts as to preclude making the payments set out herein, this
Amendment shall terminate on the date said funds are no longer available without any
termination charges or other liability incurring as to the Subscriber. The Subscriber shall
provide West, a Thomson Reuters business, with notice not less than thirty (30) days
prior to the date of cancellation, if such time is available. Otherwise prompt notice will
suffice.
Vi estlaw:Patfon Access S'elecfModillesAiddehdUtn
;;:;'>,::,;'PRoORAM,IriicPRoi:i';; ;,:';'
Core
IBI WL Patron Access Select State Core: ~
Date November 17, 2010
Account Name Calhoun County Law Library
Account Number 1000644874
Subscriber's Initials for Modules elected by Subscriber
Please enter the state designation for each applicable Core or State-Specific Module specified
National & TODlcall\lodules (Continued)
o Civil Rights/Disabilities Litigation Specialist
o Corpus Iuris Secundum (CIS)
o Couch on Insurance
o Employment Coordinator
o Employment Discrimination Coordinator
o Federal eforms: Courts and Agencies
o Financial Crisis for Patron Access
o Fletcher Cyclopedia and Forms
o FonnFinder Advantage
o Graphical Statutes
o Hornbook Library
o Immigration Primary Law
o Jury Verdicts
l!!I Law Reviews and Journals
o Legislative History -- Fed & All State
o National Criminal Secondary for Patron Access
o National FonnFinder
o Nationallury Instructions
o Nichols Cyclopedia of Legal Forms
o Norton Bankruptcy Law
o Nutshell Library
,0 Nutshell Library Plus
o PastStat Locator
o Rcal Property
o Regulations Plus
o Restatements of the Law
o ResultsPlus
o ResultsPlus Premium
o USCA
o West Legal Forms
State-Soeclftc :\Jodules
o _Additional State Core
o _State Analytical
o _State Appellate Court Briefs Plus
o _State Business Law
o _State Civil Pleadings, Motions & Memoranda Plus
o _State ConSlnlction Law
o State Court Dockets
o _State Criminal Secondary for Patron Access
o _State DUI Law
o _State eforms: Courts and Agencies
o _State Elder Law
o _State Employment Law Analytical
o _State Environmental Law
o _State Environmental Law Counselor
o _State Estate Planning
o _State Family Law
o _State Federal Materials
o _State Form Finder
o _State Graphical Bundle
o _State Jurisprudence
o _Slate Jury Instructions
o _State Legislativc History
o _State Mlmicipal Law
IBI ~State Pmctice Series
o _State Real Property
o _State Worker"s Compensation Plus
National and TODlcal Modules
o All Analytical
o All Driefs
o All Fedeml Cases
o All Federal Primary Law
l!!I All Primary L"\w
o All State Cases
o All State Statutes
o
o
o
o
o
o
o
o
o Am Jur "Ieading & Practice Forms
o Am Iur Proof of Facts
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4/1/10
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I~ Westla~.~~tron Access
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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!
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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.
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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
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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/
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Rhonda Cummins, M.M.R.
County Extension Agent
Coastal & Marine Resources
( ,..I""I""~1d
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?I\' f .
Chance Crl:lssland
County Extension Agent
4-H & Youth Development
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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
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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
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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.-
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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&,~.,:/ ~~~~/'
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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
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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
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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
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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
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