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2010-09-23 - ~ Regular September Term Held September 23, 2010 THE STATE OF TEXAS COUNTY OF CALHOUN ~ ~ ~ BE IT REMEMBERED, that on this 23rd day of September, 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 and Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. APPROVE SPECIFICATIONS AND AUTHORIZE THE COUNTY AUDITOR TO ADVERTISE FOR BIDS FOR MEDICAL SERVICES FOR THE CALHOUN COUNTY ADULT DETENTION CENTER FOR THE PERIOD BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011. BIDS WILL BE DUE THURSDAY, NOVEMBER 4, 2010 AND WILL BE CONSIDERED FORAWARD ON WEDNESDAY, NOVEMBER 10,2010: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve specifications and authorize the County Auditor to advertise for bids for Medical Services for the Calhoun County Adult Detention Center for the period beginning January 1, 2011 and ending December 31, 2011. Bids will be due Thursday, November 4, 2010 and will be considered for award on Wednesday, November 10, 2010. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. f',. .~ '" GENERAL CONDITIONS OF SUBMITTING BIDS TO CALHOUN COUNTY. TEXAS FAILURE TO COMPLY WITH THESE GENERAL CONDITIONS OF SUBMITTING BIDS FOR MEDICAL SER VICES MA Y RESULT IN THE BID BEING DISQUALIFIED. 1. ~ Return Ori!!inal of Invitation To Bid Form ~ Return Contract BIDS: A. DUE - TIME AND DATE: Bids must be in the office of the County Judge, by 10:00 AM, Thursday, November 4,2010. The clock in the County Judge's office is the official clock that will be used in determining the time that a bid is received and the time that bids will be opened. A late delivery with an early. postmark will not suffice. Be sure you have allowed ample time for postal delivery. The County will not be responsible for the delivery of your bid to the office of the County Judge. If you choose to send your bid by postal delivery, then it is recommended that you call the County Judge's office at 361-553-4600 to verify receipt of your bid prior to the opening date. Calhoun County accepts no financial responsibility for any cost incurred by any bidder in the course of responding to these specifications. Calhoun County does not accept faxed or emailed proposals. All BIDS ARE DUE on or before 10:00 AM, Thursday, November 4, 2010 at the following address: Honorable Michael J Pfeifer County Judge 211 S Ann St, Ste 301 Port Lavaca TX 77979 ~ Mark outside of envelope: SEALED BID- JAIL MEDICAL SERVICES If you send your bid by UPS, FEDEX, etc, the outside of this envelope must be marked "Sealed Bid - Jail Medical Services. /I B. WITHDRA W AL OF BID: A bidder may withdraw his/her bid before County acceptance of his/her bid without prejudice to himself/herself, by submitting a written request for its withdrawal to the County Judge. C. BID OPENING & A WARD: Bidders are invited to be present at the opening (acknowledgement) of bids. The Bid will be considered for award on Wednesday, November 10,2010 during Commissioners' Court. Page 1 of3 ,'! " 2. A. Bid package may be obtained at the following address: Calhoun County Auditor's Office Courthouse Annex Building 202 S Ann St, Ste B Port Lavaca, TX 77979 Or by calling Peggy at 36 I -553-46 10 (peggy.hall@calhouncotx.org) B. The Bid must be signed and dated by an officer (or employee) who is duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid C. All instructions and specifications in the Request For Bid must be followed and/or met. 3. EXCEPTIONS: If exceptions are being taken to any part of specifications, have them listed on the Bid Forms or on your letterhead and manually sign and date it. 4. AWARD Commissioners' Court reserves the right to waive technicalities, reject any or all bids, to accept the bid deemed most advantageous to Calhoun County and to be the sole judge in determining which bid will be most advantageous to Calhoun County. The County of Calhoun, Texas is an Equal Employment Opportunity Employer. the County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services. 5. DELIVERIES: Upon any breach of contract, the County reserves the right to proceed against the successful bidder and/or the surety on his bond for any and all damages occasioned by the breach. 6. REJECTIONS: All disputes concerning this bid will be determined by Commissioners' Court or their designated representative. Page 2 of3 7. CONDITIONS PART OF BID: The General Conditions of Bidding defined herein shall be a part of the attached bid. 8. PROTEST PROCEDURES: Any actual or prospective bidder who believes they are aggrieved in connection with or pertaining to a bid may file a protest. The protest must be delivered in writing to the Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: I. Name, mailing address and business phone number of the protesting party; 2. Appropriate identification of the bid being protested; 3. A precise statement of the reasons for the protest; and 4. Any documentation or other evidence supporting the protest and any alleged claims. The Auditor's Office will attempt to resolve the protest, including at the Auditor's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Commissioners' Court. If the Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will promptly review such documentation and information. If additional information is desired, Commissioners' Court may notify the necessary party or parties to the protest to provide such information. The decision of Commissioner's Court will be final. 9. PUBLIC INFORMATION ACT: A. All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. B. To request information from Calhoun County, please contact: Calhoun County Auditor's Office Courthouse Annex Building Attn: Cindy Mueller, County Auditor 202 S Ann St, Ste B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 Page 3 of3 . . ' CONTRACT FOR MEDICAL SERVICES .v Calhoun County, a political subdivision of the State of Texas, (herein the "County") and , a Licensed Medical Practitioner in the State of Texas, (hereinafter the "Service Provider"), by this agreement and in consideration of mutual promises set forth below have agreed as follows: ARTICLE I JAIL SERVICES 1.01 SCOPE OF SERVICES: The Service Provider will, upon referral from the Sheriff's Department (hereinafter referred to as "Jail") treat inmates located in the Calhoun County Adult Detention Center facilities operated by the Sheriff's Department. Treatment may occur both within and without the physical confines of the Jail facilities. Treatment shall include, but not be limited to, on-site medical care and/or treatment at least 1 to 2 times a week by a licensed medical practitioner. The Service Provider agrees to adopt and implement workplace guidance concerning persons with AIDS and HIV infection and to develop and implement guidelines regarding confidentiality of AIDS and HIV related medical information with regards to inmates being treated for any complaint. The Service Provider will use their best efforts to respond to an emergency situation at the facility when needed. The Service Provider will assist the Jail to comply with TB testing as ordered by the Texas Health Department of all new inmates to be completed before the ih day of their admission to the facility. 1.02 REPORTING RESPONSIBILITIES: The service Provider, once treatment has been provided, will also be responsible for indicating any necessary therapy, additional follow-up medical treatment or additional medical referral needed to a medical specialist to cover any inmate problem the Service Provider believes would require such therapy or referral. The Service Provider will be responsible for communicating therapy or referral needs to the Calhoun County Jail Administrator, or the designated agent. Any pre-existing conditions shall be noted and reported. The Service Provider will document all treatment, need for follow-up treatment, any diagnostic tests needed, therapy suggestions and referral needs in note form and file the same in the inmate's medical file. If any inmate has a condition that requires isolation from the general population this recommendation shall be noted. Medical allergies or any special dietary requirements shall be noted. Prior to any surgery, the Service Provider shall consult with the Jail Administrator concerning cost and alternative payment providers. 1.03 ADDITIONAL SERVICES: Services to be provided pursuant to this Contract, but at an additional fee as set forth in Article III herein, include diagnostic testing, whether routine or otherwise, extended long-term medical treatment programs requiring more than a few treatments for a given malady, treatment outside the Jail for medical services provided at clinics operated by the Service Provider. Inmates will be taken to the Service Provider's office when practical rather than the emergency room. Prescriptions prescribed shall be cost-effective, and generics shall be used whenever practical. No sleep aids or narcotics shall be prescribed. ARTICLE II INMATE SERVICES 2.01 SCOPE OF SERVICES: The Service Provider upon referral from the Jail Administrator or Licensed Vocational Nurse (hereinafter referred to as ilL VN") shall treat inmates that are incarcerated in the Calhoun County Jail. Services are to include consultation and/or assistance of/with a L VN and/or the Jail Administrator. Consultation may be by phone or on-site. Consultation is to be diagnostic in nature to determine possible medical malady and appropriate medical course of action. Also, the Service Provider will provide physical examinations on site, as requested, within the Infirmary at the Jail when phone consultation does not seem appropriate or prudent to solve an inmate's medical dilemma. A licensed nurse shall be provided at the jail at least 3 to 4 times a week at a set time of day so the medical needs of the inmates can be satisfied as required by the Texas Commission on Jail Standards. A licensed medical practitioner shall make a minimum 1 to 2 visits to the facility per week to treat/see inmates. 2.02 PROCEDURE: The L VN will routinely on a daily basis handle medical sick call in the Jail except when it is beyond their expertise. When medical concerns of inmates is beyond the ability of L VN, phone consultation with Service Provider will be initiated. If phone consultation is inadequate in the opinion of both the Jail Administrator and LVN, on-site medical consultation will be requested of Service Provider. 2.03 ADDITIONAL SERVICES: Services to be provided pursuant to this Contract, but at an additional fee as set forth in Article III herein, include diagnostic testing, extended long term medical treatment programs requiring more than minor intervention, testing at the Service Provider's clinics, x-rays, physical examinations, lab work or emergency medicaltreatment in an emergency room, hospital care and therapy as deemed appropriate to solve an inmate's medical dilemma. 2.04 REPORTING RESPONSIBILITIES: Phone consultation will be documented by L VN in inmate's medical file. On-site consultation will require Service Provider to provide case notes in inmate's medical file. The Service Provider will inform the Jail Administrator or L VN during consultation of the need for testing, x-rays, lab work or emergency treatment. The Service Provider will communicate in writing with the Jail Administrator or LVN, the inmate's need for follow- up treatment or referral to a medical specialist or relocation for medical treatment, which communication shall be made part of the inmate's medical file. ARTICLE III FEES 3.01 PROFESSIONAL FEES: MINIMUM 1 to 2 VISITS TO FACILITY PER WEEK BY LICENSED PHYSICIAN Physician Charges: $ /Hour = Hourly Cost Free Telephone Consultation(s) per week then $ / = Charge per Telephone Consultation LVN Charges: MINIMUM OF 3 TO 4 VISIT(S) TO FACILITY PER WEEK $ /Hour = Hourly Cost Free Telephone Consultation(s) per week then $ / = Charge per Telephone Consultation This Contract shall begin January 1, 2011 and end December 31, 2011. Charges for any outside-the-Jail treatment of inmates at any clinic operated by the Service Provider, or a physician's certificate related to a mental health commitment, or treatment of an inmate at a hospital emergency room or for any unusual diagnostic charge, laboratory charge or physical exams, or extended treatment program made under this contract will be either billed by the Service Provider as provided below, or by the independent laboratory or facility that provides such service. 3.02 BILLING: The Service Provider will submit an invoice monthly, within 15 days of each contract month. The Service Provider will bill Calhoun County Adult Detention Center using his/her standard Invoice for Services for the herein agreed fee. For services not covered by the Service Provider's agreed fee, the Service Provider will invoice Calhoun County Adult Detention .. Center using his standard invoice for Services, showing Date of Service, Inmate Number, Test or Service Performed with itemized costs for each , and Extended Total, at his standard prevailing prices, which shall also be stated on the bill. Calhoun County shall pay for services monthly after the bill is approved by the Auditor's Office and Commissioners' Court. Commissioners' Court meets the second and fourth Thursday of each month. Each County Department is responsible for submitting their purchase orders for payment and the purchase orders are due by 4:00 pm in the Treasurer's Office the Thursday before each Commissioners' Court meeting (meetings are subject to change). No payment can be made until Commissioners' Court approves bills for payment. ARTICLE IV ADMINISTRATION OF CONTRACT 4.01 TRANSPORTATION If the Service Provider has assessed that an inmate needs to be relocated from the Jail for medical service of any kind or for any reason, this assessment will be relayed at the earliest possible time to the Sheriff, Jail Administrator or his agent, so that immediate action can be taken. The Sheriff's Department shall be responsible for initiating any paperwork which may be needed to re-Iocate or transport the inmate for such treatment and for the transportation to an appropriate facility. 4.02 ACCESS TO FILES: Once an inmate has been referred to the Service Provider, the Service Provider will be allowed to have access to that inmate's personnel and medical file. Additionally, the Service Provider will have access to the medical screening documents used by the Jail staff and L VN to access an inmate's medical history and potential medical concerns, if such records are not part of an inmate's personal or medical file. A written request for such access is not required to be filed with the Sheriff's Department. Under ordinary circumstances, presenting an inmate for medical treatment will be evidence of the authority for access of such records by the Service Provider. 4.03 SUPPORT: While on-site, the Jail Administrator shall be responsible for providing the Service Provider with any reasonable support, assistance or security that may be requested. 4.04 PATIENT ACCEPTANCE: The Service Provider is under no obligation to accept for medical treatment an inmate that the Service Provider deems inappropriate for treatment, however, it is not anticipated that this would ever be likely in the course of this contract. .. ARTICLE V INSURANCE 5.01 Each party to this agreement is responsible for maintaining their own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this contract a malpractice Insurance policy and a General Liability Policy naming Calhoun County as an additional insured while providing services at the Calhoun County Adult Detention Center, 302 W. Live Oak St., Port Lavaca, TX 77979. The Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to Calhoun County of the cancellation of such policy. ARTICLE VI INDEMNITY 6.01 The Service Provider agrees to and shall indemnify and hold harmless and defend Calhoun County, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits, and liability ofany kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of contract arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. ARTICLE VII INDEPENDENT CONTRACTOR 7.01 In all activities or services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of Calhoun County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Contract. The Service Provider shall supply all labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. Calhoun County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Contract. 7.02 The Service Provider shall retain personal control and shall give his personal attention to the faithful prosecution and completion of the services contracted for herein and fulfillment of this Agreement. 'i ARTICLE VIII LICENSING 8.01 The Service Provider is required to maintain all applicable licensing permits to practice medicine. Further, all permits to or certification necessary to operate the Service Provider's clinics shall be:maintained. Copies of any applicable licenses are to be filed with Calhoun County. ARTICLE IX DEFAULT 9.01 EVENTS OF DEFAULT: The following occurrences shall be considered events of default: A. Failure to maintain license to practice medicine or any restrictions being placed upon such license by the State Board of Medicine making the providing of services hereunder impossible or difficult. B. Failure to maintain all permits and licenses necessary to keep Service Provider's clinic(s) in operation. C. Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, Calhoun County may terminate this Contract on three (3) days written notice mailed by certified mail, return receipt requested to the address listed below. ARTICLE X GENERAL PROVISIONS 10.01 VENUE: The venue of this contract is Calhoun County, Texas, and this contract shall be governed by and in accordance with the laws of the State of Texas. 10.02 TERMINATION: This contract may be terminated by either party upon thirty (30) days written notice. Such notice shall be mailed return receipt requested to the non-terminating party at the addresses listed below. ~ .' I ~ 10.03 TERM: The term of this contract will be from January 1, 2011 through December 31, 2011. Any changes in the terms or conditions will necessitate the initiation of a new contract. SERVICE PROVIDER BY: MD CALHOUN COUNTY, TEXAS BY: Michael J Pfeifer, County Judge Date DATE Address City, State, Zip Code 211 South Ann Street Port Lavaca, TX 77979 . I APROVE SPECIFICATIONS AND AUTHORIZE COUNTY AUDTIOR TO ADVERTISE FOR BIDS FOR PRESCRIPTION DRUGS FOR THE CALHOUN COUNTY ADULT DETENTION CENTER AND THE CALHOUN COUNTY INDIGENT PROGRAM FOR THE PERIOD JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011. BIDS WILL BE DUE THURSDAY, NOVEMBER 4, 2010 AND WILL BE CONSIDERED FOR AWARD ON WEDNESDAY, NOVEMBER 10, 2010: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve specifications and authorize the County Auditor to advertise for bids for Prescription Drugs for the Calhoun County Adult Detention Center and the Calhoun County Indigent Program for the period beginning January 1, 2011 and ending December 31, 2011. Bids will be due Thursday, November 4, 2010 and will be considered for award on Wednesday, November 10, 2010. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. . "" CALHOUN COUNTY, TEXAS - Prescription Drugs Form 'p PRESCRIPTION DRUGS Jail JANUARY 1,2011 Thru DECEMBER 31, 2011 ~ Return this Form (page 1), if submitting a bid for Prescription Drugs for the Calhoun County Adult Detention Center (Jail) . Calhoun County Adult Detention Center (Jail\ Fill in appropriate blanks AMOUNT TO BE (DEDUCTED FROM) AVERAGE WHOLESALE PRICE (A WP): Generic----) A WP Minus + Minus Percentage or Amount Plus Dispensing Fee OR other charges, if any - please list Name Brand-----) A WP Minus + Minus Percentage or Amount Plus Dispensing Fee, OR other charges, if any - please list All charees must be included in bid price. No other chare:es mav be added to the bid price when invoiced unless noted as an exception on the bid form. fir See additional Specifications for Prescription Drugs The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership, or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms, or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. Authorized Signature & Title: Print Name & Title: Date of Bid: Telephone Number: Fax Number: List any exceptions to the given bid specifications: Page 1 of 1 .: CALHOUN COUNTY, TEXAS - Prescription Drugs Form \.- PRESCRIPTION DRUGS County Indigent Program JANUARY 1,2011 Thru DECEMBER 31, 2011 ~ Return this Form (page 1 & 2), if submitting a bid for Prescription Drugs for the Calhoun County Indigent Program . Calhoun County Indie:ent Proe:ram ,.. NET COST to be computed in accordance with the Department of State Health Services, County Indigent Health Care Program Handbook, Payment Standard for Prescription Drugs. (Page 12 excerpted from current DSHS Handbook attached - Handbook will be updated January 2011) Fill in appropriate blanks Net Cost: GeneriC-->Red BookeAWP Minus 40% Additional Discount = Additional Discount Total Discount Percentage PLUS Plus Dispensing Fee, if any ($5.60 maximum) Net Cost: Name Brand-->Red BookeAWP Minus 13% Additional Discount = Additional Discount Total Discount Percentage PLUS Plus Dispensing Fee, if any (55.60 maximum) All charees must be included in bid price. No other charees mav be added to the bid price when invoiced unless noted as an exception on the bid form. Page 1 of 2 .(:aihoun'County, Prescription Drugs, County Indigent Program (continued) *CALHOUN COUNTY will use the below formula taken from Section Four, Page 12 of the CIHCP Handbook. Prescription Drugs: This service includes up to three prescription drugs per month. New and refilled prescriptions count equally toward this three prescription drugs per month total. Drugs must be prescribed by a physician or other practitioner within the scope of practice under law. *Pavment Standard: The quantity of each prescription depends on the prescribing practice of the Physician and the needs of the patient. Use the following information and formula · Use the drug's 11-digit National Drug Code (NDC) number and the quantity dispensed to select the average wholesale price (AWP) in the Red Book-. In addition to the annual Red Book-, the monthly Red Book- Update may be used. Red Book- products may be obtained by contacting Thomson Healthcare at 1-800-678-5689. . Net Cost is: Red Book. AWP minus 40% for generic prescription drugs Red Book. AWP minus 13% for name brand prescription drugs · The drug dispensing fee is $5.60 · The formula for computing the TDSHS Payable is: Net Cost plus drug dispensing fee = TDSHS Payable Example: Red Book. AWP for 25 tablets is $100.00 1. $100.00 divided by 25 = $4.00 per tablet 2. $4.00 per tablet x 34 tablets (prescribed quantity) = $136.00 3. $136.00 - $54.40 (40% for generic) = $81.60 4. $81.60 + $5.60 (dispensing fee) = $87.20 TDSHS Payable · A payment amount may be negotiated with the provider for: Prescription compound drugs, Prescription drugs not listed in the Red Book., or Prescription drugs that do not have an NDC number. fir See additional Specifications for Prescription Drugs The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership, or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms, or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type. of business prior to the official opening of this bid. Authorized Signature & Title: Print Name & Title: Date of Bid: Telephone Number: Fax Number: List any exceptions to the given bid specifications: Page 2 of2 ~ " ADDITIONAL SPECIFICATIONS FOR PRESCRIPTION DRUGS The County of Calhoun is requesting sealed bids for Prescription Drugs for the following: . Calhoun County Adult Detention Center (Jail) See Prescription Drugs Form . Calhoun County Indigent Program See Prescription Drugs Form 1. The bid shall be in effect for a period of twelve (12) months beginning January 1,2011 and ending December 31, 2011. 2. The Calhoun County Adult Detention Center (Jail) has the following additional specifications: 100% Credit on any full or partial blister cards or medications that are returned as allowed by law. It must be clearly stated if there are any processing fees and/or shipping fees associated with these returns. 3. The formula taken from Section Four, Page 12 of the CIHCP Handbook will be used for the Calhoun County Indigent Program less any additional discounts, if any are given. (See attached) 4. "A verage Wholesale Price Red Book" will be made available to the County when requested. Each monthly billing will include the following: Pharmacy Name & Address Date Patient Name & Address New or Refill Drug (Generic or Name Brand Noted) A WP Amount , Price that is charged to the County 5. NO PERSON has the authority to verbally alter these specifications. Any changes to Specifications will be made in writing (Addendum approved by Commissioners' Court) and sent to each person having a bid package. 6. If any further information is needed concerning specifications, contact Calhoun County Auditor's Office Calhoun County Courthouse Annex II Attn: Peggy Hall 202 S Ann St, Ste B Port Lavaca, TX 77979 (361) 553-4610 peggy.hall@calhouncotx.org Page 1 of 5 GENERAL CONDITIONS OF BIDDING FAILURE TO COMPLY WITH THESE GENERAL CONDITIONS OF BIDDING MAY RESULT IN THE BID BEING DISQUALIFIED. 1. BIDDING ~ SUBMIT: .". Return the Prescription Drugs Form(s) .". If you would like to send other information, please send 6 copies A. All bids must be on the Prescription Drugs Forms furnished by the County Auditor's Office and must be written in ink or by typewriter. B. TIME AND DATE: Formal bids must be in the office of the County Judge on or before 10:00 AM, Thursday, November 4,2010. The clock in the County Judge's office is the official clock that will be used in determining the time that a bid is received and the time that bids will be opened. An early postmark will not suffice. . Be sure you have allowed ample time for postal delivery. The County will not be responsible for the delivery of your bid to the office of the County Judge. If you choose to send your bid by postal delivery, then it is recommended that you call the County Judge's office at 361-553-4600 to verify receipt of your bid prior to bid opening. Calhoun County does not accept faxed or emailed bids. All BIDS ARE DUE on or before 10:00 AM, Thursday, November 4,2010 at the following address: Honorable Michael J Pfeifer Calhoun County Judge. 211 S Ann St 3rd Floor, Room 301 Port Lavaca TX 77979 @j' Mark the outside of the sealed envelope with the name of the bid item. lfyou send your bid by UPS, FedEx, etc, the outside of this envelope must be marked: "Sealed Bid - Prescription Drugs" C. WITHDRAWAL OF BID: A bidder may withdraw their bid before County acceptance of the bid without prejudice to himself/herself, by submitting a written request for its withdrawal to the County Judge. D. Bids should show total unit price. All char~es must be included in bid price. No other charges may be added to the bid price when invoiced unless noted as an exception on the bid form. . E. No change in price will be considered after bids have been opened. F. Bidders are invited to be present at the opening of bids. Once the award has been made, the bids may be viewed at the Auditor's Office, Calhoun County Courthouse Annex II, 202 S Ann St, Ste B, Port Lavaca, TX 77979. Page 2 of 5 2. BIDS: Bids are for a twelve (12) month period, beginning January 1,2011 and ending December 31,2011. 3. BID FORMS: The Prescription Drugs Form(s) mustbe signedand dated by an officer (or employee) who is authorized to sif!n for the business. 4. EXCEPTIONS: If exceptions are being taken to any part of specifications, have them listed on the Invitation to Bid Form or on your letterhead and manuallv sif!n it. 5. TAXES: 1>:' The County is exempt from the Federal Excise Tax and the Sales and Use Tax. The bid price must not include the above mentioned taxes. 6. AWARD Commissioners' Court reserves the right to waive technicalities, reject any or all bids, to accept the bid deemed most advantageous to Calhoun County and to be the sole judge in determining which bids will be most advantageous to Calhoun County. In the event of tie bids, the winning bid is determined per the Texas Local Government Code 262.027(b). The County of Calhoun, Texas is an Equal Employment Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services. 7. BILLING: All bills are subject to approval by the Auditor's office. Jail Payments: Payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the Treasurer's office by the appropriate County Department. Commissioners' Court meet the 2nd and 4th Thursday of each month to approve bills. Each County Department is responsible for submitting their purchase orders for payment and the purchase orders are due by 4:00 PM in the Treasurer's Office the Thursday before each Commissioners' Court meeting. No Payment can be mailed out until approved by Commissioners' Court. County Indigent Payments: Approval for payment of all invoices will be made once the invoices are submitted to the County Auditor's office by Memorial Medical Center and approved by Commissioners' Court during their last meeting of the month (4th Thursday). Payment will then be made by Memorial Medical Center after the 1st of the following month. Page 3 of 5 - 8. CONDITIONS PART OF BID: .' The general conditions of bidding defined herein shall be a part of the attached bid. 9. CONTRACT: A. No formal contract will be executed. The following will comprise the contract between the County and the s'uccessful bidder. 1. 2. 3. 4. 5. Invitation to Bid Forni Prescription Drugs Form(s) Specifications for Prdcription Drugs " General Conditions ofj Bidding For the Calhoun County Indigent Program - Copy of Section Four, Page 12 of the CIHC~ Handbook Letter awarding the biCl 6. B. In case of conflict, the specifications shall be controlling. 10. PROTEST PROCEDURES: Any actual or prospective bidder or Proposer who believes they are aggrieved in connection with or pertaining to a biq, or proposal may file a protest. The protest must be delivered in writing to the Auditor's 0ffice, in person or by certified mail return receipt requested prior to award. The written protest must include: 1. Name, mailing address and business phone number of the protesting party; 2. Appropriate identificat,ion of the bid or proposal being protested; 3. A precise statement o(the reasons for the protest; and .~ 4. Any documentation or'other evidence supporting the protest and any alleged claims. The Auditor's Office will attempt to rpsolve the protest, including at the Auditor's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Co,mmissioners' Court. If the Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Commissioners' Court. Applicable documentation and other information applying to the protest will be forwarded to Commissioners' Court, who will pronJptly review such documentation and information. If additional information is desired, Commissioners' Court may notify the necessary party or parties to the protest to provide such information. The decision of Commissioner's Court will be final. Page 4 of 5 I I I I i I . . 11. PUBLIC INFORMATION ACT: " A. All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. B. To request information from Calhoun County, please contact: Calhoun County Auditor's Office Calhoun County Courthouse Annex II Attn: Cindy Mueller, County Auditor 202 S Ann St, Ste B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 cindy .mueller@calhouncotx.org Page 5 of 5 . . Basic Health Care Services (continued) SECTION FOUR SERVICE DELIVERY Pagt! 12 Prescription Drugs This service includes up to three prescription drugs per month. New and refilled prescriptions count equally toward this three prescription drugs per month total. Drugs must be prescribed by a physician or other practitioner within the scope of practice under law. The quantity of each prescription depends on the prescribing practice of the physician and the needs of the patient. Payment Standard. Use the following information and formula. · Use the drug's 11-digit National Drug Code (NDC) number and the quantity dispensed to select the average wholesale price (AWP) in the Red Book@. In addition to the annual Red Book@, the monthly Red Book@ Update may be used. Red Book@ products may be obtained by contacting Thomson Healthcare at 1-800-678-5689. · Net Cost is: o Red Book@AWP minus 40% for generic prescription drugs o Red Book@AWP minus 13% for name brand prescription drugs · The drug dispensing fee is $5.60. · The formula for computing the TDSHS Payable is: Net Cost plus drug dispensing fee = TDSHS Payable Example: Red Book@ AWP for 25 tablets is $100.00. 1. $100.00 divided by 25 = $4.00 per tablet 2. $4.00 per tablet x 34 tablets (prescribed quantity) = $136.00 3. $136.00 - $54.40 (40% for generic) = $81.60 4. $81.60 + $5.60 (dispensing fee) = $87.20 TDSHS Payable . A payment amount may be negotiated with the provider for: o Prescription compound drugs, o Prescription drugs not listed in the Red Book@, or o Prescription drugs that do not have an NDC number. ATTACHMENT TO ADDITIONAL SPECIFICATIONS FOR PRESCRIPTION DRUGS CIHCP 05-5 September 2005 REQUEST FROM PRECINCT #1 TO PURCHASE A 2005 672-D MOTOR GRADER, SERIAL #601167 TO BE PAID OVER A PERIOD OF FIVE YEARS @ $26,114.91: This Agenda Item was tabled until the next Commissioners' Court Meeting. COUNTY BOAT AGENT AGREEMENT BETWEEN TEXAS PARKS AND WILDLIFE DEPARTMENT AND CALHOUN COUNTY TAX ASSESSOR/CO~LECTOR: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the County Boat Agent Agreement between the Texas Parks and Wildlife Department and Calhoun County Tax Assessor/Collector. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. TEXAS PARKS AND WILDLIFE DEPARTMENT COUNTY BOAT AGENT AGREEMENT Texas Parks and Wildlife Department' (TPWD), a st~te agency located at 4200 Smith School Road, Austin, Texas and Calhoun County Tax Assessor-Collector (Agent), located at PO Drawer 6 Port Lavaca Texas 77979-0006, enter into this Agent Agreement according to the following terms and conditi~ns. ' WHEREAS TPWD is authorized by law to issue vessel registrations, vessel and outboard motor titling and similar items to individuals and the Agent desires to act as an Agent for TPWD in issuing those items under the authority of Texas Parks and Wildlife Code Section 31 .0341 ; and WHEREAS, under the authority of Chapters 11 and 31 of the Texas Parks and Wildlife Code, TPWD issues vessel registrations, titles and renewals through the Boat Registration Information and Titling System (BRITS); THEREFORE, TPWD and Agent each for adequate consideration agree to the following: 1. TERM: This Agreement begins on the date of the last signature and ends August 31, 2015 or when funds are not appropriated by the Texas legislature to support the function of vessel registrations, vessel and outboard motor titling, and related items through TPWD. The Agreement may be extended for up to an additional sixty (60) month period. Any extensions shall be written, with the same terms and conditions, plus any approved changes. 2. DEFINITIONS: For the purposes of this Agreement the following terms have the following meaning: 2.8. 2.9. 2.10. I I 2.1. Account Notice means: A notice available to the Agent, which can be printed the day following end of the Sales Period, stating the total sales less the sales tax and commissions withheld by the agent to show a total amount to be swept by TPWD on a certain date. 2.2. Account Notice Date means: The date on which an Account Notice is available to the Agent of the amount to be withdrawn from the Agent's electronic funds transfer account. (see Para. 3.1.7.3) 2.3. Agent means: The government entity erntering into an agreement with TPWD to issue vessel registrations, vessel and outboard motor titling and similar items authorized by TPWD. 2.4. Compliance means: Adherence to state law, TPWD rules and processes, policies or procedures. Compliance may be stated in terms of percent or in terms of raw counts. 2.5. Day of Sales means: The time period from when the office opens in the morning to the time the office closes and encompasses all sales which have occurred during that time period. Total sales will be calculated based upon those transactions which occurred during the business day, beginning at 12:01 a.m. and will include any transaction conducted that day up to 12:00 p.m. (midnight). 2.6. Funds means: All money regardless of the form or method of payment received by the Agent for issuing TPWD items, except for Agent's commission and boat sales and use taxes collected. 2.7. Inventory means: Registration decals and ID card stock paper consigned to each county office issued from TPWD Headquarters. Other Funds means: Funds due TPWD as repayment for damaged and lost inventory as set out in Para. 3.5. Sales Period means: The seven (7) calendar day period of sales prior to the Account Notice Date. Scheduled Sweep Date means: The regularly scheduled day of the week in which funds are electronically withdrawn from the Agent account and deposited to TPWD. Whenever the Scheduled Sweep Date falls on a U.S. Federal Reserve holiday, the Scheduled Sweep Date shall be the next business day after the holiday. Page'\ of '\3 TEXAS PARKS AND WILDLIFE DEPARTMENT COUNTY BOAT AGENT AGREEMENT 3. RESPONSIBILITIES OF THE AGENT: Agent shall issue vessel registrations, vessel and outboard motor titling and similar items authorized by TPWD to individuals at each Agent location set out in Schedule 2. 3.1. Fee Collection and Remittance: Agent shall: 3.1.1. Collect from each customer only the fee for each item as established by law or TPWD regulation. Agent understands t~at such fees may be changed by TPWD and that all changes will be communicated to the agent and incorporated into the automated boat system. 3.1.2. Each office must have established and implemented internal control procedures in accordance with Generally Accepted Accounting Principles which function to prevent internal or external fraud and theft from occurring in relation to inventory control, customer information recorded, and accura;cy of the funds collected and remitted. Periodic audits shall be established as part of this function in order to ensure an ongoing monitoring process. 3.1.3. Acknowledge that it is a material breach for Agent to charge a customer an amount greater than that authorized by this Agreement. Upon receiving a customer complaint that Agent charged the customer more than authorized under this Agreement, TPWD will investigate the complaint. If TPWD determines that such complaint is valid, TPWD may terminate this Agreement. 3.1.4. Collect all information and required documentation from customers as required by TPWD. 3.1.5. Issue items only in the form prescribed by or furnished by TPWD. 3.1.6. Accept payment from customers in the form of cash, check, debit card, or credit card for purchase of any item sold under tli1is Agreement, except when Agent does not accept one of the above items in its usual course of business. Agent is responsible for all charges or losses related to acceptance of any such form of payment. 3.1.7. Electronic Funds Transfer Account: 3.1.7.1. Agent shall establish an account with a financial institution with the capability to transfer funds electronically in a manner which is acceptable to the State Comptroller for the deposit of all Funds received under this Agreement and for the deposit of all Other Funds due TPWD. Agent shall furnish to TPWD, at least ten (10) business days prior to the beginning date of this Agreement, all information pertaining t6 Agent's account as set out in Schedule 2. Agent shall provide TPWD with two (2) weeks prior notice of changes to the account. If changing accounts, Agent shall continue to fund prior account for Scheduled Sweeps until the new account transfer is confirmed by TPWD. 3.1.7.2. Agent authorizes TPWD to make automatic, periodic withdrawals from or deposits to the Agent's designated bank account listed in Schedule 2. Agent understands that withdrawals, deposits and/or adjustments will be electronically made in accordance with this Agreement and that all such transactions are governed by the rules and regulations of the National and Local Automated Cleari~g House (ACH) Associations and Texas Law. 3.1.7.3. Agent agrees to authorize the financial institution to charge or credit withdrawals and deposits to the account as indicated on the Account Notice made available to Agent by TPWD and to adjusting entries to correct errors and to collect additional charges, as authorized under this Agreement. Page 2 of 13 TEXAS PARKS AND WILDLIFE DEPARTMENT COUNTY BOAT AGENT AGREEMENT 3.1.8. Scheduled Sweeps: 3.1.8.1. The Funds due to TPWD shall be remitted according to the schedule set out in Schedule 1. Agent understands and acknowledges that it holds all Funds in trust for TPWD. 3.1.8.2. The date of the electronic sweep will be indicated on the Account Notice and will be available to the Agent two (2) business days prior to the Scheduled Sweep Date. The Account Notice will list the total sales minus the commission and sales tax and indicate the amount to be swept by TPWD. The Agent Activity Report will reflect order reference numbers for transactions listed by day during the Sales Period. Agent shall ensure that funds are available on or before each Scheduled Sweep Date. 3.1.9. Insufficient Funds: 3.1.9.1. Agent shall provide the amount set out in the Account Notice of Funds due TPWD, making it available for the account transfer on the Scheduled Sweep Date set out in Schedule 1 unless otherwise directed in writing by TPWD. Agent acknowledges and agrees that is a material breach of this Agreement to have insufficient funds in the account available for transfer on Scheduled Sweep Dates. 3.1.9.2. If Agent does not hqve sufficient funds in an account for transfer on a Scheduled Date, TPWD may immediately terminate Agent's ability to issue items through the system or other methods. TPWD may also require Agent to pay the funds by cashier's check or money order. 3.2. BRITS System Support: 3.2.1. If the Agent requires assistance on vessel or outboard motor processing issues, such as void authorization, fees, supporting documentation, or business rule overrides or any other related questions, contact the TPWD Boat Section Field Liaison phone bank at (512) 389-4393 or (512) 389-8090. 3.2.2. If the Agent has trouble with the printer or the network connection, Agent should contact the Texas Department of Motor Vehicles (TxDMV) at 512-302-2020. 3.2.3. If the Agent has computer operating issues and problems related to system functionality provided through TPWD, Agent should contact the TPWD Help Desk at 512-389-4357. 3.3. Voids: 3.3.1. In the normal issue of vessel registrations, vessel and outboard motor titling and similar items, errors may occur due to clerical errors, mechanical errors (e.g. printer problems), a transaction involving the wrong item or failure of the buyer to communicate current information on address, or other ownership transaction related problems. 3.3.2. The Agent may void the transaction with an authorization code issued by an authorized Agent supervisor or acquired from TPWD Headquarters. Voided transactions must meet the following criteria: 3.3.2.1. The void must occur on the same day the transaction was processed; 3.3.2.2. The void must be processed at the originating office location; 3.3.2.3. The transaction to be v0ided must be the last transaction for the specific asset (TX numbered item); " Page 3 of 13 TEXAS PARKS AND WILDLIFE DEPARTMENT COUNTY BOAT AGENT AGREEMENT 3.3.2.4. The same employee that entered the transaction in error must also void the transaction. If the employee is unavailable, a supervisor may also void the transaction for that employee; 3.3.2.5. The employee must return the original form of payment to the customer; 3.3.2.6. The employee must collect all titles, decals and other items related to the transaction processed in error; and 3.3.2.7. The Agent employee, Agent supervisor and customer must complete the required void forms. 3.3.3. Voided transactions and supporting documentation shall be submitted with the Agent's normal processing office paperwork for mailing and subsequent imaging to TPWD Headquarters as instructed by the TPWD Document Packaging and Processing Procedures which are located within the BRITS Users Manual. 3.3.4. Voids which do not meet the criteria established in Para.3.3.2 must be submitted to TPWD Headquarters for the void to be processed and completed. Voids which are completed by TPWD Headquarters on behalf of the Agent, and which require money to be refunded, will either be credited to the Agent through the account notice or refunded via warrant directly to the Agent. Agents are responsible for refunding money to customers. Agents should refer all customer questions for the voided transactions submitted to TPWD Headquarters to (512) 389-4393 or (512) 389-8090. 3.3.5. All Agents submitting requests for TPWD Headquarters voids are required to mail (or hand deliver) all documents pertaining to voided transactions to TPWD with all required documentation. All inventory related to these voided transactions must be attached to the Void Request Forms and signed by the customers, Agent's employee, and Agent's supervisor when submitted to TPWD. Unless inventory is returned or an affidavit of loss signed by the customer is provided with the Void Request Form, the Agent will be charged the cost established by TPWD in section 3.5.4. 3.4. Agent Compliance with TPWD Processing Requirements: 3.4.1. As each Agent enters transactions, they will be instantly updating the state system of record for boats and outboard motors. Due to this feature, accurate compliance with TPWD regulations is key in recording and protecting individual's ownership of these assets. In order to ensure accurate information, TPWD Headquarters Boat Titling and Registration Section staff may conduct post audits of transactions processed by each Agent and produce a compliance audit report quarterly listing the number of transactions reviewed and the number of non-compliance items found for all offices inclusive of TPWD locations. If non-compliance continues for a six month period, TPWD can request a plan in writing from the Agent as to how they will correct the noted errors. If the non- compliance continues after the plan is put into place, TPWD reserves the right to suspend processing privileges to title or register vessels and outboard motors. 3.4.2. Full compliance meets the follo~ing standards: 3.4.2.1. Compliance with all state and federal laws pertaining to the registration of vessels, the titling of vessels and outboard motors, ownership of vessels and outboard motors, and the collection of associated fees and taxes as outlined under the Texas Water Safety Act, Chapter 31 of the Texas Parks and Wildlife Code, the 31 Texas Administrative Code, Part 2, Chapter 53, the Texas Tax Code, Chapter 160 and the Texas Property Code, Chapters 59 and 70. 3.4.2.2. Processing transactions in accordance to instructions for general processing from the "Basics to Boat Transactions" training manual, the "Requirements for Page 4 of 13 TEXAS PARKS AND WILDLIFE DEPARTMENT COUNTY BOAT AGENT AGREEMENT Specific Transactions" matrices, and the BRITS Users Manual issued by TPWD Headquarters. 3.4.2.3. Accurate tracking and control of inventory issued by TPWD. 3.4.2.4. Obtaining and submitting all supporting documentation required for each transaction as stated in the matrix requirements supplied by TPWD. All matrices are available on the TPWD web site at: hUD :/Iwww.tDwd.state.be.uslfish boat/boat/ owner/titles and reQistration/ Transactions should not be completed unless the required documentation is obtained. Each office conducting transactions on behalf of TPWD shall submit: · Required documentation completed in full as described under the matrices; · Application form PWD 143, PWD 144, PWD 143M, PWD 144M, PWD 310A, PWD 403, PWD 763, PWD 1084, PWD 1208, or PWD 1238 completed, as applicable, with all required information and original signatures; · Manufacturer's Statement of Origin (MSO), Builder Certificates, titles or out-of- state or federal documentation, when required, with original signatures from the owner of record or lawful representative; · Bill of sale, invoice or signed tax affidavit from the seller. This bill of sale must list the date of sale, the sales price of each item (vessel, outboard motor, related accessories), a description of the item (make, TX number or serial number and year built), purchaser's name and seller's signature or signature of lawful representative; · Lien Release in the acceptable format as outlined in the matrix requirements; · Original or unaltered copies of legal documentation required; and · Required notary on forms with notary requirement. No exception to the required documentation shall be made unless approved through the TPWD Headquarters staff. All exceptions must be thoroughly documented, explained on the submitted paperwork and signed and dated by the staff, noting the name of the TPWD Headquarters staff who approved the alternative process. 3.4.3. Ownership transactions which do not have the appropriate supporting documentation may be voided by TPWD. Examples of transactions which may be voided include, but are not limited to: · Transfer of ownership without a Texas title; · Transfer of ownership with no out-of-state title or registration provided (registration information is required for non-titling states); · Transfer of ownership with partial or no title assignment; · Transfer of ownership with no release of lien when a lien is listed on record; · Transfer of ownership with no signature of seller; · Title issuance with no Manufacturer Statement of Origin (MSO) or Builders Certificate or inaccuracies on MSO assignment on a new vessel or outboard motor; Page 5 of 13 TEXAS PARKS AND WILDLIFE DEPARTMENT COUNTY BOAT AGENT AGREEMENT · Transfer of ownership with no supporting documents supporting the authority to sell on behalf of the deceased owner; heirship affidavit, letters of testamentary, court order, trust, power of attorney, etc.; · Transfers with obvious forgery or alteration on any part of the transaction · Transactions that transferred the wrong boat or outboard motor; · Transactions that have no serial number (HIN/MIN) on record (does not apply to registration of a USCG documented vessel); · Transfer of ownership with an invalid marine dealer licensee number; · No bill of sale, no invoice or tax affidavit signed by both seller and purchaser; . Right of Survivorship form accepted after owner of record is deceased; · Use of Power of Attorney after the owner of record is peceased; or . Fraudulent and/or false entry of customer information 3.4.4. All transaction paperwork, titles, decals and registration cards required for processing transactions must be batched and submitted to TPWD Headquarters weekly. This paperwork shall be received not later than the following Friday of the next business week. Delays in the submission of the associated documentation may result in the delay of titles and other items which are fulfilled by TPWD Headquarters. Each Agent shall submit paperwork in bundled order according to the TPWD Document Packaging and Processing Procedures stated within the BRITS Users Manual. 3.5. Inventory: 3.5.1. The Agent shall be responsible for maintaining an inventory record of the registration decals as they are issued by reconciling each decal against the Decal Distribution Log Report which is available in BRITS and accounting for any discrepancies. The County offices will be issued registration decal inventory and ID card stock to be used only for situations of renewal of registration and replacement decals for the current owner of record until programming resources can be dedicated to allow Agents to issue decals for all registration transactions. Until that change occurs, registration decals and ID cards to be issued due to a titling event or ownership transfer will be fulfilled through the TPWD Headquarters office. 3.5.2. The Agent shall accept inventory mailed to the Agent by using the TPWD Decal Consignment Confirmation Form. The Agent is responsible for returning the signed form within seven (7) calendar days. The form will ensure that: (a) the Agent received the proper inventory requested; (b) the inventory sent corresponds to the inventory listed on the Decal Consignment Confirmation Form; and (c) a signature is provided confirming receipt and responsibility of tracking TPWD inventory. Unused inventory must be accounted for and returned when no longer valid for use. 3.5.3. Registration decals which are voided must be attached to the Void Request Form and sent in with all other transaction paperwork. 3.5.4. The Agent is responsible for consigned inventory consisting of registration decals and ID card stock paper. If the Agent cannot account for consigned inventory, the Agent shall be responsible for remitting value of the lost inventory at a rate of $53 per piece of inventory. TPWDwill not ship additional inventory until payment for lost inventory is received. Page 6 of 13 TEXAS PARKS AND WILDLIFE DEPARTMENT COUNTY BOAT AGENT AGREEMENT 3.5.5. TPWD will monitor Agents lost inventory payments and, after two such instances, TPWD will require Agent to provide a reason for the repeat circumstances and a corrective action plan to ensure no further instances of lost inventory. If not satisfied with the corrective action plan, TPWD reserves the right to suspend the Agent from acting on behalf of TPWD. 3.5.6. Agent shall receive applications, forms and other documents from TPWD in order to complete transactions. These documents are considered supplies, not consigned inventory, in that they have minimal monetary value. All forms can be printed from the agency web site at: htto://www.towd.state.tx.us/fishboaVboaVforms/ 3.5.7. Additional supplies can be requested by calling (512) 389-4479. Additional decal inventory can be requested by contacting the TPWD Boat Section Field Liaison phone bank at (512) 389-4393 or (512) 389-8090. 3.6. Staff: The Agent shall: 3.6.1. Maintain staff that is adequately trained in the maintenance and use of the BRITS application. Agent shall ensure that all staff that works with the public have a general knowledge of the services available and general knowledge of laws and regulations that apply to each service as listed under the "Basics to Boat Transactions" training document and the "Requirements for Specific Transactions" matrices. 3.6.2. Not release information regarding a boat or outboard motor with a status of "Stolen". Each office shall contact TPWD to verify that the status is valid and notify their County, City or TPWD law enforcement to provide information for recovery of the stolen asset. This notification will not apply to situations where an insurance company is transferring ownership due to the payment of a customer's theft claim. 3.6.3. Submit a BRITS Log-in Request Form (PWD 0057B) if any Agent has a change regarding a current user of the system. This form must be signed by the Agent representative. User changes include termination of employees, addition of employees or a change in an employee's duties related to the system. User logons will not be shared or transferred from one employee to another. 3.6.4. Notify TPWD Boat Titling and Registration Liaison at (512) 389-4393 or (512) 389-8090 of any change in staff, office supervisor, business or mailing address, or phone number. 3.6.5. Request any changes for user's roles at least two (2) days in advance of the needed change. 3.7. Sales Commission: Agent will be paid a 10% commission, or any other amount as established by the Texas Legislature, on TPWD fees for sales made by the Agent as stated under the Texas Parks and Wildlife Code, Chapter 31, Section 31.048(b). 3.8. System Configuration and Use: The Agent shall: 3.8.1. Obtain prior written consent of TPWD prior to disposing, lending or otherwise transferring possession to another party other than the Agent's satellite office locations for any materials (including inventory items) or supplies furnished under this Agreement. 3.8.2. Contract with TxDMV to support the internet connections and printers for issuing TPWD related transactions. 3.8.3. Maintain appropriate inventory of ID card stock paper, applications, forms and decals based upon sales volume. In order to responsibly budget resource expenditures, TPWD may limit the quantities of supplies based on the number of transactions processed by each Agent. Page 7 of 13 " TEXAS PARKS AND WILDLIFE DEPARTMENT COUNTY BOAT AGENT AGREEMENT 3.8.4. Notify TPWD immediately if any unauthorized user obtains access to the system. Until TPWD receives such notification, the Agent understands and agrees that the Agent shall continue to be responsible to pay for all transactions that are processed through the Agent's users. 3.9. Recordkeeping: The Agent shall: 3.9.1. Allow employees or representatives of TPWD or Texas State Auditor's Office access to Agent's records related to this Agreement during normal business hours. After prior notice and/or upon request by TPWD, Agent shall mail requested records to TPWD at 4200 Smith School Road, Austin, Texas, 78744. Further, Agent will allow TPWD and/or Texas State Auditor's Office access to its records for at least three (3) years following termination of this Agreement. Failure of Agent to allow access to or provide records as required under this Agreement is a material default. 3.9.2. Comply with the Texas Sales Tax remittance requirements as outlined in the Texas Tax Code and Chapter 31 of the Texas Parks and Wildlife Code. 3.10. Other Requirements: The Agent shall: 3.10.1. Not accept customer's remittances for transactions if the system is unavailable. 3.10.2. Furnish to TPWD, without undue delay, all information reasonably necessary to fulfill any requirement of this Agreement. 3.10.3. Allow authorized employees or representatives of TPWD access to Agent's premises during normal hours of business. 3.10.4. Be responsible for its actions and those of its employees, officers, or agents and, to the extent permitted by law, indemnify and hold TPWD harmless from any claim or legal action, resulting damages, costs and expenses that may be incurred by TPWD as a result of direct or indirect actions of the Agent, its employees, officers, or agents. 3.10.5. Disclose any and all known or suspected conflicts of interest or potential conflict of interest related to TPWD employees or TPWD Commissioners that may be involved, either directly or indirectly, in any aspect of Agent's issuance of items under this Agreement. 3.10.6. Implement and follow all rules and procedures provided in writing or available from the Agency's web site to Agent. 4. TPWD RESPONSIBILITIES: TPWD will: 4.1. Establish a contact person to coordinate and to help resolve any issues between TPWD and Agent expeditiously and fairly. TPWD will provide training aids for Agent and Agent's employees. 4.2. Maintain a help desk to provide assistance to Agent. 4.3. Provide Account Notices prior to sweeping funds from Agent's account(s) and daily activity reports. 4.4. Provide supplies and materials needed to perform duties under this Agreement such as ID card stock paper, applications, decals, void request forms and other related forms. 5. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall continue in full force and effect. 6. FORCE MAJEURE: None of the parties shall be considered in default of their obligations hereunder (except the payment of money, which shall not be excused) if performance of such obligations is prevented or delayed by acts of God or government, war, riots, acts of civil disorder, failure or delay of transportation, Page 8 of 13 TEXAS PARKS AND WILDLIFE DEPARTMENT COUNTY BOAT AGENT AGREEMENT or such other causes as are beyond such party's control. The burden of proof for the need of such relief shall rest upon the Agent. To obtain release based on force majeure, Agent shall file a written request with TPWD. 7. WAIVERS: Agent understands that the terms of this Agreement are subject to change upon prior notice by TPWD. The Parties agree that any waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any subsequent or prior breach. 8. ASSIGNMENT: Agent may not transfer or assign any part or the whole of this Agreement without prior written consent of TPWD. This does not apply to a change of County Tax Assessor/Collector. 9. DISPUTES: The parties shall attempt to resolve all disputes arising from this Agreement but to the extent that it is applicable and not preempted by other law, those disputes not resolved shall follow the dispute resolution process provided for in Texas Government Code, Title 10, Chapter 2260. . 10. SPECIAL CONDITIONS: TPWD may cancel this Agreement without penalty if subsequent law necessitates cancellation. Nothing in this Agreement is intended to waive any sovereign or governmental immunity to which TPWD is entitled under law. 11. TERMINATION: Either party may terminate this Agreement with a minimum of thirty (30) calendar days written notice. TPWD may terminate this Agreement without notice immediately following material default by Agent. Upon termination of this Agreement the Agent shall: 11.1. Remit all monies due to TPWD, no later than the next regularly Scheduled Sweep Date following the date of termination. 11.2. Submit all processed transaction documentation according to established schedule or prior to closeout. 11.3. Provide a listing of all employees with electronic access for deactivation. 11.4. Return all unused TPWD inventory and work with TPWD to reconcile any allocation discrepancies. 12. RIGHT TO AUDIT: Agent understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, TPWD, or any successor agency to conduct an audit or investigation in connection with those funds. Agent further agrees to cooperate fully with the above parties in the conduct of the audit or investigation, including providing all records requested. 13. NOTICES: All notices given by any party or required under this Agreement shall be in writing and addressed and delivered to the relevant party or parties at the following locations: For TPWD: Texas Parks and Wildlife Department Boat Titling and Registration Section Attention: Frances Stiles 4200 Smith School Road Austin, Texas 78744 For AGENT: Calhoun County Attention: Ms. Gloria Ochoa PO Drawer 6 Port Lavaca, Texas, 77979-0006 14. COMPLETE AGREEMENT: This Agreement and the attached Schedules 1 and 2 represent the complete Agreement and understanding of the parties with respect to the subject matter herein, and supersede any other understanding, written or oral. This Agreement may be amended by written agreement of both Parties which will be attached to the original agreement. All such amendments are subject to the terms and conditions of this Agreement not specifically amended thereby. Page 9 of 13 :.:.~ ~"-;.. "f')-~, I ..,' TEXAS PARKS AND WILDLIFE DEPARTMENT COUNTY BOAT AGENT AGREEMENT 15. AUTHORITY TO BIND: The signatories to this Agreement represent and warrant that they have the' authority to enter into this Agreement and that they have authority to bind the entity on whose behalf they execute this Agreement. 16. SIGNATURE AND DELIVERY INSTRUCTIONS: Agent shall sign this page, make a copy, and send the original to TPWD. Upon signature of TPWD's representative, a copy of the completed agreement will be made and sent back to Agent for its records. If original signatures are desired for Agent's copy, Agent shall obtain signatures on two identical agreements and, upon receipt, TPWD's representative will sign both and return the second back to Agent. ~) tl~ County Agent . GLORIA A. OCHOA Title: TAX ASSESSOR-COLLECTOR Title: Director of Purchasing, Contracts and Distribution Services Date: Date: /0/;2/;0 Title: Date:~ ....;)..3-10 County Agent Title: Date: Page 10 of 13 TEXAS PARKS AND WILDLIFE DEPARTMENT COUNTY BOAT AGENT AGREEMENT Schedule 1 Schedule for Sweeping Revenue Between TPWDand Calhoun County Tax Assessor-Collector (Agent) 1. Scheduled Sweeps: 1.1. Account Notice Date will occur on Monday each week. The Scheduled Sweep Date (Wednesday) shall occur two (2) business days after the Account Notice (Monday). Whenever the scheduled sweep date falls on a U.S. Federal Reserve holiday, the scheduled sweep date will be the next business day after the holiday. (See Scheduled Sweeps, Para. 3.1.8). 1.2. The Account Notice will encompass one Sales Period and include the sales made during each Day of Sales that the office was conducting business. The Sales Period begins on Monday and ends on Sunday. 1.3. Offices with substations that deposit funds into the same bank account can generate an Agent Activity Report and Account Notice for each office. A combined Agent Activity Report and Account Notice will be available which shows the combined totals for all offices with the same bank account. Page 11 of 13 "" iJ ~.... .....:-:~i". ; TEXAS PARKS AND WILDLIFE DEPARTMENT COUNTY BOAT AGENT AGREEMENT Schedule 2 Calhoun County Office Information MAIN OR PRIMARY OFFICE: 2. Federal Employer's Identification Number: . 74-6001923 ~' 11,. II I, Ii If' . ~. 'I~I f ~; , l' 1. County Office Name: Calhoun County Tax Assessor Collector 3. Bank Account Type [1g Checking'or Q Savings 4. Routing/Transit Number: 113105025 5. Account Number: " 3100204101 PODrwr6 -~ 6. Mailing Address: City, State, Zip: Port Lavaca... TX . 77979 7. Physical Address: 211 S. Ann St., >Ste 101 Or D Check if same as mailing address City, State, Zip: Port Lavaca, TX 77979 8. Office Coritact Information: . Office Manager's Name: Gloria A. Ochoa . Telephone Number: 361-553-4433 . Fax Number: 361-553-4442 SATELLITE OR SUB-OFFICE: 1 . Office Name: 2. Federal Employer's Identification Number: Or D Check if same as main office 3. Bank Account Type D Checking or D Savings 4. Routing/ Transit Number: Or D Check if same as main office ;'.~. . " ~.~: Account Number: Or D Check if same as main office ,; 6. Mailing Address: City, State, Zip: 7. Physical Address: Or D Check if same as mailing address II City, State, Zip: 8. Office Contact Information (need separate contact names for each office location): . Office Manager's Name: . Telephone Number: . Fax Number: Page 12 of 13 . ' TEXAS PARKS AND WILDLIFE DEPARTMENT COUNTY BOAT AGENT AGREEMENT SATELLITE OR SUS-STATION OFFICE(S): 1. Office Name: 2. Federal Employer's Identification Number: Or 0 Check if same as main office 3. Bank Account Type 0 Checking or 0 Savings 4. Routing/ Transit Number: Or 0 Check if same as main office 5. Account Number: Or 0 Check if same as main office 6. Mailing Address: City, State, Zip: 7. Physical Address: Or 0 Check if same as mailing address City, State, Zip: 8. Office Contact Information (need separate contact names for each office location): . Office Manager's Name: · Telephone Number: · Fax Number: SATELLITE OR SUS-STATION OFFICE(S): 1. Office Name: 2. Federal Employer's Identification Number: 3. Bank Account Type 0 Checking or 0 Savings Or 0 Check if same as main office 4. Routing/ Transit Number: Or 0 Check if same as main office 5. Account Number: Or 0 Check if same as main office 6. Mailing Address: City, State, Zip: 7. Physical Address: Or 0 Check if same as mailing address City, State, Zip: 8. Office Contact Information (need separate contact names for each office location): · Office Manager's Name: . Telephone Number: . Fax Number: COPY AND PROVIDE ADDITIONAL SHEETS IF NEEDED FOR ADDITIONAL LOCATION(S). Page 13 of 13 REQUEST CHANGE VOTING PRECINCT #17 FROM THE VILLAGE CLUB HOUSE TO THE BAUER COMMUNITY CENTER TO BE COMBINED WITH PRECINCT #16: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve the request for change of Voting Precinct #17 form the Village Club House to the Bauer Community Center to be combined with Precinct #16. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. I I I ~...,...; .:-.....J The Commissioners Court of Calhoun County do hereby approve changing voting poll for precinct 17 from the Village Club House to the Bauer Community Center for this November 2, 2010 election and any elections after that, making the Bauer Community Center a permanent polling place for precinct 17. t1-4Y Commissioner, Pet. 2 ~tp,~ ~ Commissioner, Pet 4 Signed this 23th day of September 2010. '\ " UPDATED JOB DESCRIPTION FOR DIRECTOR OF NURSES AT CALHOUN COUNTY HEALTH DEPARTMENT: ~ · A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve updating the Job Description for Director of Nurses at Calhoun County Health Department. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. III ~ .oJ. r --~ '. '1 i '" '~ :!,'~', CLASS NO. 14005 Calhoun County Job Description DIRECTOR OF NURSES EEO-4 CATEGORY: EEO-4 FUNCTION: Professional 8-Health PAY GROUP: 24 FLSA STATUS: Exempt SUMMARY OF POSITION Supervises LVNs and any other employees; coordinates services between and among outside agencies, and provides quality public health nursing services to meet the needs of Calhoun County citizens and visitors. ORGANIZATIONAL RELATIONSHIPS 1. Reports to: Commissi()rier's Court and consulting Medical Director. 2. Directs: Licensed Vocational Nurses and other employees. 3. Other: Has frequent contact with elected county officials and personnel, state, and county agencies, physicians, drug companies, medical centers, and hospitals, and the general public. ESSENTIAL DUTIES AND RESPONSIBILITIES Supervises Licensed Vocational Nurses (lVNs) and other employees, including assigning and reviewing work and recommending and carrying out personnel actions such as hiring, transferring, promoting, disciplining, or dismissing employees; Manages adult health screening, immunizations and tuberculosis control activities; Prepares and monitors annual budget; Prepares correspondence and reports; Conducts presentations for Calhoun County Safety Committee; Prepares for and conducts staff meetings; Performs and oversees lab tests, including venipunctures for HIV, RPR, glucose and cholesterol; Responds to the needs of the public and provides referrals to appropriate healthcare providers and agencies; Provides patient care and consultations when necessary; Travels to various locations on a regular basis to assist with or participate in clinics and other activities; and Performs "on-caW' duty (i.e. monitors temperature of vaccines, hurricanes, and communicable disease epidemics. Calhoun County Job Description Page 1 of 4 CLASS NO. 14005 (Continued) . Performs such other related duties as may be assigned. REQUIRED KNOWLEDGE, SKILLS AND ABILITIES Knowledge of: Standard office practices and procedures,professional nursing, principles of supervisory management, preparation and monitoring of department budget, and the local political system. Skill/Ability to: Operate computer, including standard word processing and spreadsheet software, read manuals, letters, and memos; communicate effectively, both orally and in writing; write and interpret policies and procedures; assess situations and make swift decisions; work effectively and efficiently under stressful situations; and establish and maintain effective working relationships with other agencies, co-workers, and the public. ACCEPTABLE EXPERIENCE AND TRAINING Bachelor's degree or Associate degree in Nursing, plus two years of experience as a Registered Nurse CERTIFICATES AND LICENSES REQUIRED .licensed as a Registered Nurse (RN) by the Texas Board of Nurse Examiners Current Texas driver's license. SIGNATURES Employee's Signature Supervisor's Signature Date Date Calhoun County, Texas is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, Calhoun County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with employer. Applicants may be required to submit to pre-employment testing including, but not limited to drug and alcohol screening, physical, driving records check, reference check, criminal background check, credit check or any other test that the Department Head or Elected Official may deem necessary. Calhoun County Job Description Page 2 of4 CLASS NO. 14005 (Continued) ADA Information This attachment provides information on the job relating to the Americans with Disabilities Act. FREQUENCY DEFINITIONS The following frequency definitions are to be used in completing the Physical Environment and the Non- Physical Environment sections of this form: C F o R N Constantly (2/3 or more of the time) Frequently (from 1/3 to 2/3 of the time) Occasionally (up to 1/3 of the time) Rarely (less than one hour per week) Not Applicable (does not apply in this job) Descriptive examples of physical job actions (please use the letter corresponding to the appropriate frequency): - ----r- -Re_quir:.emer'lt-lIiIe_quency) Example Lifting (specify weight): up to 30# R Vaccine shipments (30#) Sitting: F Computer: desk work Standing: F From office to office Walking, on normal, flat surfaces: F Office Walking, on uneven surfaces: R In the community Walking, on slippery surfaces: R In the community Driving: R In the community Bending (from waist): R Bending down to give shots to children, etc Crouching/Squatting: N Kneeling: R Crawling: N Twisting: R Reaching: R Balancing: 0 Carrying: 0 Pushing: R Pulling: R = = = = PHYSICAL ENVIRONMENT Throwing: N Repetitive Motion: F Fingering (fine dexterity, picking, pinching): F Handling (seizing, holding, grasping): F Wrist Motions (repetitive flexion/rotation): F Feet (foot pedals): R Reaching into lower cabinets Giving children shots while reaching for equipment Retrieving files, answering telephones Carrying files and supplies File drawers, wheel chairs Supplies (on dolly) Computer, vaccine administration Computer, vaccine administration Stabilizing site during injections Computer, vaccine administration Car Calhoun County Job Description Page 3 of 4 CLASS NO. 14005 (Continued) SENSORY REQUIREMENTS Descriptive examples of sensory demands: Sensory Demand Frequency Color (perceive/discriminate) C Sound (perceive/discriminate) F Taste (perceive/discriminate) N Odor (perceive/discriminate) F Depth (perceive/discriminate) F Texture (perceive/discriminate) F Visual (perceive/discriminate) C Oral Communications abiHty C NON-PHYSICAL ENVIRONMENT 'Descriptive examples of non-physical demands: Non-Physical Demand Frequency Time Pressures (e.g., meeting deadlines) F Noisy/Distracting Environment R Performing Multiple Tasks Simultaneously F Danger/Physical Abuse R Deals With Difficult People R Periods of Idle time, Interspersed with Emergencies Requiring Intense Concentration R Emergency Situations R Tedious, Exacting Work F Works Closely with Others as Part of a Team C Works Alone F Irregular Schedule/Overtime R F(equent Change of Tasks F Other (describe) WORK ENVIRONMENT 1. Description of the degree of physical activity and effort required to perform your job, as well as any associated safety hazards and the level of risk of personal injury of illness (if any): Job-related injury is minimal; some risk of personal injury from children being immunized; needle sticks. 2. Job exposure to environmental factors (if any), including extreme temperatures, respiratory hazards, airborne diseases, vibrations, loud noises, or other sources of discomfort: Exposure to communicable disease, airborne diseases (TB), infectious diseases. Calhoun County Job Description Page 4 of 4 AMENDMENT TO THE CALHOUN COUNTY EMPLOYEE POLICY MANUAL: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve Amendment to the Calhoun County Employee Policy Manual. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. BREAKS FOR NURSING MOTHERS The Patient Protection and Affordable Care Act amended the Fair Labor Standards Act to require reasonable breaks for nursing mothers to express breast milk during the first year following the birth of a child. Calhoun County will provide two paid 30 minute breaks daily for nursing mothers. The nursing . mother will be allowed whatever time i~ needed to express breast milk, however, if the break is longer than 30 minutes in duration, the break time will be unpaid time off. The mother will be given a private location, other than a bathroom. The location will be shielded from view and free from intrusion and appropriate for expressing breast milk. The specific location will be determined on a case by case basis. Calhoun County does not allow any retaliation against nursing mothers for asking for this break. Nursing mothers are entitled to this break for 1 year following the birth oftheir child. All other employee breaks are determined by each department head and are not required to be given. If your department provides you with a break, they may not be accumulated or used for time off. The Fair Labor Standards Act does not require any breaks other than for nursing mothers, however if paid breaks are provided for employees, nursing mothers must be given the same amount of paid break time. CALHOUN COUNTY EMPLOYEE POLICY AND PROCEDURE MANUAL - Page 25 CALHOUN COUNTY EMPLOYEE POLICY AND EMPLOYEE PROCEDURE MANUAL . Amended by Calhoun County Commissioners' Court on this the 23rd day of September, 2010 ~c4j t1- ~ Michael J. I>feife County Judge Calhoun County, Texas 4~ Precinct No.2 ~~ Neil ritsch, CommIsSIOner Precinct No.3 ~ U)./~ Kenneth Finster, Commissioner Precinct No.4 ATTEST: ,Anita Fricke, County Clerk ( APPROVE THE PRELIMINARY PLAT FOR KOINONIA POINT SUBDIVISION: A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to approve the preliminary plat for Koinonia Point Subdivision. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. APPROVE DRAINAGE PLAN FOR KOINONIA POINT SUBDIVISION: Passed on this Agenda Item at this time. ESTABLISH OCTOBER 28, 2010 AS THE DATE:FOR PUBLIC HEARING REGARDING PETITION TO VACATE A 4.22 ACRE PORTION OF OUTBLOCK 38, PORT O'CONNOR TOWNSITE OUTLOTS, AS RECORDED IN VOLUME 2, PAGE 1 OF THE DEED RECORDS OF CALHOUN COUNTY, TEXAS: A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to establish October 28, 2010 as the date for the Public Hearing regarding Petition to vacate a 4.22 acre portion of Outblock 38, Port O'Connor Townsite Outlots, as recorded in Volume 2, Page 1 of the Deed Records of Calhoun County, Texas. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. REVISE THE RULES AND REGULATIONS FOR THE PORT O'CONNOR COMMUNITY CENTER: Passed on this Agenda Item at this time. ADD CALHOUN COUNTY HISTORICAL COMMI,SSION TO THE LIST OF EXEMPT ENTITIES FOR THE RENTAL OF THE AGRICULTURAL BUILDING AT THE CALHOUN COUNTY FAIRGROUNDS: A Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to add Calhoun County Historical Commission to the list of exempt entities for the rental of the Agricultural Building at the calhoun County Fairgrounds. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. NORTEL SWITCH SERVICE AGREEMENT WITH SURE CALL TELECOM, INC: A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to approve the Nortel Switch Service Agreement with Sure Call Telecom, Inc. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ~. :.tV SWITCH SERVICE AGREEMENT AGREEMENT between Sure Call Telecom Inc, hereinafter designated as the "Company" and Customer indicated below hereinafter designated as the "Customer". Company: Sure Call Telecom Inc. Address: 9720 Coit Rd, Suite 220-215 PIano TX 75025 Company Contact: Wayne Page Phone: 254-315-7890 Fax: 214-872-3447 Email: surecallcom@yahoo.com Customer: Calhoun County Address: 211 S Ann Port Lavaca Texas 77979 Customer Contact: LaDonna Thigpen Phone: 361-553-4400 Fax: 361-553-4444 Email: ladonna.thigpen@calhouncotx.org 1. Telephone Switch Eauipment Specs and Port Counts: System: Nortel Meridian llC Cabinet System (2 Cabinets) Physical Location: 211 S Ann, Port Lavaca, TX Software: Release 4.0 Wired Base Ports: 248 Analog Station Ports: 80 IP Station ISMs: 0 Analog Trunk Ports: 0 Digital Station Ports: 144 Digital Trunk Ports: 24 Voice Gateway Media Card Ports: 0 Meridian Mail Ports: 4 Call Pilot Ports: 0 Power: AC Power with 1 battery backup per cabinet (total of 8 cells) Other/Mise: Signaling Servers: 0 2. Reauested Covera2e Schedule: . Note: Pricing for these services is based on the wired port size of the customer PBX system and associated equipment. If system size is expanded via addition of new hardware, Last Call Telecom Inc. reserves the right to adjust maintenance contract pricing accordingly. (a) Technician on call Monday through Friday 8am-5pm. * Note: If service is desired before 8AM, after 5PM, or on weekends/holidays, that service will be billable at then current labor rates. ** (b) Nortel Switching System Hardware. * Response by telephone/dial up to major service affecting failure within 2 hours. An onsite visit will be scheduled once it is collectively determined by both the Company and the Customer that remote troubleshooting via telephone/dial up did not resolve the failure. Minor (non-emergency) trouble will be scheduled for a time agreeable to both the customer and the company. Labor cost for covered services is included in this contract. STC company confidential/labor rates! telephone switch service agreement/Calhoun County, Port Lavaca TX D.,nQ ? "f'll ..: .;;,' ** Response by telephone/dial up to major service affecting failure within 4 hours. An onsite visit will be scheduled once it is collectively determined by both the Company and the Customer that remote troubleshooting via telephone/dial up did not resolve the failure. Minor (non-emergency) trouble will be scheduled for a time agreeable to both the customer and the company. Labor cost will be charged at then.current rates. Applicable overtime and/or weekend/holiday rates may be charged. 3. Requested Services: Services Base (Mon-Fri, 8-5, parts & labor) * On-site service after 5 On-site service weekends, holidays House cabling/jacks Plant cabling 2xxx Digital phones 39xx Digital phones MACs Included Quarterly Cost: Yearly Cost: $1,750.00 $7,000.00 Included Yes No No No No No No No *Notel: As per customer request, this contract only provides labor Monday to Friday, 8:00AM to 5:00 PM. At customer request, service visits can be performed at other times, but labor will be billable at then standard rates. Coverage Period: 12 Months (Sep 14,2010 through Sep 13,2011) Note: First month's payment due prior to start of coverage. (Terms and Conditions, Item # 7) Billing Frequency: Yearly or Quarterly 4. Terms and Conditions: This Agreement is to be performed in accordance with Sure Call Telecom Inc. Standard Terms and Conditions attached hereto and incorporated herein. STC company confidential/labor rates! telephone switch service agreement/Calhoun County, Port Lavaca TX " I \ " 0..,,.,.,. ~ "f' Q ~ ~ Sure Call Telecom Inc. SWITCH SERVICE AGREEMENT TERMS AND CONDITIONS I. DEFINITIONS: As used in this Service Agreement ("Agreement"): (A) "SCT' shall mean Sure Call Telecom Inc.; (B) "Customer" shall mean the party requesting SCT 's services; (C) "The Parties" or "a Party" shall mean either Customer, SCT, or both. 2. ELIGIBILITY/INSPECTION: All equipment that has experienced a lapse in SCT service coverage (or factory warranty coverage), or has had no service history with SCT within the previous ninety (90) days, is subject to inspection by SCT prior to eligibility for any service under this Agreement. Customer is subject to charges for this inspection service at SCT's then current time and materials rates. 3. AGREEMENT TERMS: (A) Agreement term shall commence on the date indicated in the service agreement, unless service has commenced prior to date of service agreement or prior to contract signing, and remain in effect at initial price to end of period covered; (8) For multi-year contracts, this agreement may be terminated by either party by giving written notice of their intent to terminate thirty (30) days prior to the natural anniversary date. 4. RENEWAL: (A) Each year SCT shall submit a written notice, sixty (30) days prior to the anniversary date, covering any changes to the original Agreement if such changes occur. Customer is required to submit signed renewal documents approving changes in equipment and price ten (10) days prior to expiration date. Renewals not signed and submitted by the anniversary date are subject to immediate cancellation whereby SCT reserves the right to refuse to provide service until Agreement is signed and returned. Annual price may be adjusted on the renewal date from the original approval date, to reflect the current market conditions and results of a historical cost analysis associated with Customer's prior contracts; (B) For any additional services outside the Scope of Services purchased under this Agreement, Customer shall be billed at SCT's then current time and materials rates. 5. HOURS OF SERVICE: (A) Base telephone system support will be performed during normal working hours, Monday _ Friday, 8:00 a.m. - 5:00 p.m., or as otherwise agreed; (Please review sections 2 & 3 of this switch service agreement) 6. EXCLUSIONS/SERVICE TYPES: (A) See Exbibit A for specific equipment and components not covered by tbis Agreement. 7. PA YMENT TERMS: Payment for this Agreement shall be net thirty (30) days from invoice date at the applicable contract rates. One full prepayment for all Agreements is required prior to the start of service and is based on billing terms. All Agreements totaling five-thousand dollars ($5,000.00) or less per annum are subject to annual billing. Late fees of one and one-half percent (1.5%) per month of total invoice amount will be charged for payments received after agreed upon due dates. SCT reserves the right to discontinue its services any time payments have not been received by SCT on or before the due date as indicated on the invoice. 8. TAX: SCT 's price is exclusive of any applicable tax. If LCT is re9uired to payor collect any tax or government charges in connection with the services or materials furnished under this Agreement, whether existing or imposed in the future, an additional charge will be made therefore and paid by Customer unless SCT is provided with a proper tax exemption certificate. 9. SCT'S REPRESENTATIONS, WARRANTIES, AND RESPONSIBILITIES: (A) (Customer), during the term of this Agreement, will maintain the aforementioned equipment during its normal operation, and perform whatever service may be necessary to guard against malfunctions and breakdowns of said equipment. SCT will perform remote troubleshooting, and onsite repairs only if authorized by SCT management. (B) All repairs by SCT shall comply with the equipment manufacturer's published standards and/or specifications. Repairs shall return failed/inoperative equipment to operative condition. Failed/inoperative parts/equipment shall be replaced with equivalent (Iike-for-Iike) parts/equipment. If Iike-for-like parts are no longer available (due to manufacturer discontinuance, vintage, recall, etc.), STC is not required to upgrade, expand, or re-engineer said parts/equipment. (C) Maintenance of the telephone switching system shall comply with the recommendations published by the manufacturer. If maintenance is not possible due to customers schedule then SCT shall not be held responsible for maintenance not completed due to circumstances beyond its control; (0) SCT shall not be required to perform tests, install any items, or make modifications that may be required or directed by insurance companies, government, state, municipal, or other agency having jurisdiction unless requested by Customer as an additional service to be billed separately at SCT 's then current time and materials rates; (E) SCT shall not be required to enable or disable fire protection systems or security systems in order to perform installation or maintenance, remedial inspections, troubleshooting, or repairs to said equipment; (F) SCT shall not be liable for damages to the equipment if Customer authorizes service, operation, and/or modification of said equipment by another party whereby it results in a shut down, removal or alteration of the equipment by the other party. In the event of such occurrence, SCT reserves the right to immediately terminate the maintenance Agreement, or if SCT agrees to continue services, then SCT will invoice separate of this Agreement for costs incurred to return the equipment to industry standards, in accordance with SCT 's then current time and materials rates, and SCT shall not be liable for future damages arising from the services performed by the Customer-authorized third party; (0) SCT shall not be liable for repairs or service to the STC company confidential/labor rates/ telephone switch service agreement/Calhoun County, Port Lavaca TX p.,na A. "f' II ~. 'of equipment if damaged by any acts of god including hurricane, fire, lightening, tornado, sandstorm, hail, explosion, earthquake, smoke, aircraft, motor vehicle, building collapse, riot, vandalism, power failure, neglect, misuse, accident, failure of the Customer to perform such acts of service on its part required to be performed in accordance with the manufacturer's recommendations for the equipment in question or under this Agreement, failure of other equipment not covered by this Agreement which is either attached, connected to, or otherwise supports the operation of the equipment covered by this Agreement, or misuse or abuse of the equipment by the Customer or a Customer-authorized third party. SCT 's obligations hereunder are in lieu of and exclude all warranties, express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. 10. CUSTOMER'S REPRESENT A TlONS, WARRANTIES, AND RESPONSIBILITIES: (A) The Customer hereby warrants that, prior to the effective date of this Agreement, the equipment which is the subject of this Agreement has been properly maintained and serviced in accordance with the manufacturer's recommendations. If SCT determines the equipment subject to this Agreement has not been properly maintained and/or has a pre- existing condition whereby SCT must perform maintenance to bring the equipment up to such standards, then all costs shall be born by the Customer at SCT 's then current time and materials rates; (B) Customer is liable for all parts, labor, and expenses (at SCT's then current time and materials rates) incurred by SCT to evaluate, diagnose, and repair equipment found defective due to faulty manufacture within the terms of each equipment manufacturer's warranty; (C) Customer shall be liable for all parts and labor not covered by this Agreement; (D) Customer shall arrange access to the buildings, arrange use of building services, keep areas adjacent to the equipment free of extraneous materials, move any fixtures, walls, or partitions needed to perform the work under this Agreement, and promptly notify SCT of any unusual operating conditions prior to the time when SCT is scheduled to be on site. Customer shall indemnify SCT for any damages incurred by SCT, including attorneys fees, resulting from Customer's failure to secure a right of access for SCT to any service site; (E) SCT shall not be liable for equipment damage resulting from a lapse in time created by Customer delays of prior scheduled services. In the event of such occurrence, SCT may require Customer to pay all costs, including but not limited to, parts and labor associated with bringing the equipment back to industry standards. Invoicing for such occurrence shall be separate of this Agreement and be at SCT 's then current time and materials rates; (F) Customer shall notify SCT within a reasonable time ifa Customer- authorized third party is scheduled to be on-site so that SCT may accompany said third party, subject to SCTs then current time and materials rates. II. SUBCONTRACTING: SCT reserves the right to subcontract any portion of the services provided for under this Agreement without the prior Consent of Customer. 12. SAFETY PERSONNEL: (A) If OSHA or any other federal, state or local government, trade association, or contractual regulations or standards require a "safety person" to be on site during Installation, Maintenance or other services, Customer shall be responsible for advising SCT of same and providing for such a person at the site at Customer's cost and Customer shall indemnify SCT for any damage caused by SCT in the event Customer fails to do so. If SCT agrees, in writing, to provide fqr a safety person, Customer will be billed for such person's time at SCT 's then current time and materials rates; (B) In the event Customer does not notify SCT of any unusual operating conditions and/or unusual equipment location, then SCT may refuse to perform services, void, or make necessary changes to Agreement if said unusual conditions threaten the safety of SCTs employees. Such refusal to perform or changes to this Agreement shall not in any way diminish Customer's duties under Paragraphs 7 and 10 above. 13. FORCE MAJEURE: (A) During the term of this Agreement, the Customer assigns its rights as the owner of the equipment to SCT for the purpose of obtaining parts and support services from the manufacturer. SCT shall act as Customer's agent in this regard; (B) SCT shall not be liable for delays in obtaining parts or providing services caused by situations beyond its control, including but not limited to acts of God, epidemics, war, riots, transportation delays, acts of terrorism, strikes, lockouts, or the inability to obtain parts from its normal suppliers. In the event of a delay caused by any of the above, SCTs time to perform said services shall be reasonably extended. 14. LIMITATION OF DAMAGES: SCTs annual liability for any cause whatsoever shall not exceed in value the total of the annual service charges paid by the Customer, except in the event that such damage to the equipment has been caused by SCTs personnel while at the site of the Customer performing an examination, maintenance, or emergency service; and then, only to the extent of the replacement parts and the installation thereof. In no event shall SCT be liable for the loss of profits, indirect, special, consequential, or other similar damages, including but not limited to loss of use of associated equipment, investment cost of substitute facilities, rental of equivalent equipment, or claims of the Customer for damage arising out of any breach of this Ag;eement or obligations under this Agreement. 15. INDEMNIFICA TlON: SCTand Customer shall defend, inderpnify, and hold harmless each other, each other's officers, employees, and agents, from and against any and all claims, liabilities, damages, demands, losses, causes of action and suits, including reasonable attorney's fees incident thereto, to the extent they result directly from or out of (A) Any injury or death of any person or damage to or destruction of any property caused by the negligent acts, errors, omissions, or willful misconduct of either party; or (B) Any violation of federal or state regulations, orders, rules or the violation of any STC com"anJ confidential/labor rates/ telephone switch service a~eement/Calhoun Count, Port Lavaca TX 0",,0 ~ nf'1I other governmental entity by either party, its agents or employees; or (C) Any breach of Warranty or any negligent performance by either party of its obligations under this Agreement. 16. DISPUTE RESOLUTION/TERMINA TION: (A) In the event of unsatisfactory performance or breach of any portion of this Agreement, by either party to this Agreement, the parties agree to negotiate promptly, in good faith, and according to the agreements herein as to proper adjustment for said unsatisfactory performance or breach, except for any breach for non-payment which shall be governed by Paragraph 7 above, and shall commence negotiations within seven (7) days of receipt of written demand by either party. Each party shall have the right to cancel this Agreement only upon failure of mutual agreement, within thirty (30) days of receipt of any written demand specified above; (B) If termination by Customer occurs prior to the natural expiration date and is without cause then all monies owed to SCT for the full term must be paid in full at time of termination. Monies not paid at time of termination will accrue at one and one-half percent (1.5%) interest per month; (C) In the event the settlement of any controversy or claim arising out of or related to this Agreement as to breach thereof cannot be concluded by the parties to the Agreement within thirty (30) days, and if neither party decides to cancel the Agreement, such claims shall be submitted to Arbitration. Such arbitration shall be in accordance with commercial arbitration rules then in effect by the American Arbitration Association; and both parties agree to abide by the decision resulting from such arbitration. Ifnecessary, the decision of the American Arbitration Association may be enforced by the courts having jurisdiction over this Agreement; (D) In the event arbitration or legal action is brought by either party to this Agreement, the prevailing party shall be entitled to reimbursement of costs and attorney's fees by the other party; (E) The laws of the State of Rhode Island shall apply and bind the parties in any and all questions arising hereunder, regardless of the jurisdiction in which the action or proceeding may be initiated or maintained. 17. MODIFICA TIONS/WAIVERS: Reference to Customer's request for quotation or other documents is made part of this Agreement only to the extent such items or terms are consistent with this Agreement. No agent or employee of SCT shall have authority to waive any clause of this Agreement unless approval is obtained from SCT in writing and signed by an authorized representative of SCT. 18. MERGER/INTEGRATION: This Agreement, including the attached Exhibit(s), all pages attached hereto, and any amendments hereto, represent the sole Agreement between the parties, with neither party relying upon any representation or promises not incorporated in writing herein. No modification of this agreement, or waiver hereunder, shall be binding unless the same is in writing and duly executed by the authorized representatives of the parties hereto. 19. ASSIGNMENT/DELEGATION: Neither Customer nor SCT may assign this Agreement or any of its rights hereunder without prior written consent of the other. Such consent shall not be unreasonably withheld. This Agreement shall be binding on the parties hereto, their heirs, successors, and assigns. 20. SEVERABILITY: If any section or part of these_Terms and Conditions is or becomes illegal, unenforceable, or invalid, then such part or section shall be struck from these Terms and Conditions and the remainder of this Agreement shall remain in full force and effect. IN WITNESS THEREOF, the Parties have set their hands and seals on the date below. Name: Agreement Accepted by (Customer Rep): ~)~r: Agreement Offered by (SCT Rep): Name: Wayne Page J I Title: Title: Technical Director, Sure Call Telecom Inc. Phon~ 361-553-4600 Phone: 254-315-7890 Email: mike.pfeifer@calhouncotx.org Email: wpage@sctsu~ifom Sig: il, lot ( Date: 00 I 1,;1...0 10 I Sig: Michael J. Pfeifer Date: September 23, 2010 STC com an confidential/labor rates/ tele hone switch service a eement/Calhoun Count , Port Lavaca TX 0",,0 h "f'1I l .' Exhibit "A" Svstems which are not covered bv this al!reement . Power systems to include DC rectifier plants, UPS's, generators and inverters. . HV AC systems/alarm systems/sprinkler, halon or associated fire suppression systems. . Main distribution frames (structures), and electrical fixtures. . All other vendors' telecommunications equipment located at this facility. . Inside/Outside cable plant facility equipment & associated cabling. STC company confidentiaVlabor rates/ telephone switch service agreement/Calhoun County, .Port Lavaca TX i\ P..,na 7 nf' Q APPROVE THE ENGAGEMENT OF RUTLEDGE CRAIN &. COMPANY, PC, CERTIFIED PUBLIC ACCOUNTANTS, TO PERFORM THE AUDIT OF THE COUNTY'S FINANCIAL STATEMENTS FOR THE YEAR ENDING DECEMBER 31, 2010 AT AN ESTIMATED FEE OF $37,350 AND AUTHORIZE THE COUNTY JUDGE TO SIGN THE ENGAGEMENT LETTER: A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve the engagement of Rutledge Crain & Company, PC Certified Public Accountants, to perform the audit of the County's Financial Statements for the year ending December 31,2010 at an estimated fee of $37,350 and authorize the County Judge to sign the Engagement Letter. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. t '~<. ~ ",. z.. ~ RUTLEDGE CRAIN & COMPANY, PC CERTIFIED PUBLIC ACCOUNTANTS 2401 Garden Park Court. Suite B Arlington, Texas 76013 September 8, 2010 Calhoun County, Texas c/o Ms. Cindy Mueller, County Auditor County Courthouse Annex 202 S. Ann Street, Suite B Port Lavaca, TX 77979 We are pleased to confirm our understanding of the services we are to provide Calhoun County, Texas (the "County") for the year ended December 31, 2010. We will audit the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the County as of and for the year ended December 31, 2010. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the County's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the County's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence, to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's discussion and analysis, 2. Budgetary comparison schedules presented as required supplementary information, Supplementary information other than RSI also accompanies the County's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial Metro (817) 265-9989 Members: American Institute of Certified Public Accountants Texas Society of Certified Public Accountants Fax (817) 861-9623 .~_ 1. ,"~ t. ~ Calhoun County, Texas September 7, 2010 Page 2 statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 3. Combining and individual fund statements and schedules presented as other supplementary information. The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will not provide an opinion or any assurance. 4. Introductory letter Audit Objective The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. You are also responsible for making all management decisions and performing all management functions; for designating an individual with suitable skill, knowledge, or experience to oversee our assistance with the preparation of your financial statements and related notes and any other nonattest services we provide; and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintammg effective internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of Calhoun County, Texas and the respective r ..~, 1.. u.. ~. .,..'" ::~ Calhoun County, Texas September 7, 20 I 0 Page 3 changes in financial position and where applicable, cash flows, in conformity with u.s. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. You are responsible for the preparation of the supplementary information in conformity with U.s. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to present the supplementary information with the audited financial statements OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Audit Procedures-General An audit includes examining, on a test basis, evidence supporting the amounts and disclo~ures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial -c:..-...... .~."... ., -, ... oJ. ~.... Calhoun County, Texas September 7,2010 Page 4 reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures-Internal Control Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICP A professional standards. Audit Procedures-Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the County's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Engagement Administration, Fees, and Others We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We expect to begin our audit on approximately April 18, 2011 and to issue our reports no later than June 30, 2011. Christian A. Rutledge, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. We estimate our fees for the audit of the financial statements will not exceed $37,350, excluding costs of report reproduction. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered ~ '-;~ .. \. '-~. Calhoun County, Texas September 7, 2010 Page 5 each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to Calhoun County, Texas and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, C-~ 1 ~fA>J IlL Rutledge Crain & Company, PC RESPONSE: This letter correctly sets forth the understanding of Calhoun County, Texas. By: JV1Ifl P ff! Title: ~~()Jv 4 ~)J-- ) I) Date: \ TEXAS DEPARTMENT OF TRANSPORTATION AVIATION DIVISION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (TXDOT PROJECT NO. AM 2011 PTLAV) AUTHORIZE ALL APPROPRIATE SIGNATURES, AND AUTHORIZE PAYMENT IN THE AMOUNT OF $1,650: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to accept the Texas Department of Transportation Aviation Division Grant for Routine Airport Maintenance Program (TxDOT Project No. AM 2011 PTLAV) authorize all appropri?te signatures, and authorize payment in the amount of $1,650. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. i TEXAS DEPARTMENT OF TRANSPORT A TION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airpo,rt Routine Maintenance) TxDOT Project No.: AM 2011PTLA V TxDOT CSJ No.: M1l3PTLA V Part I - Identification of the Project TO: The County of Calhoun, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Grant is made between the Texas Department of Transportation, (hereinafter referred to as the "State"), on behalf of the State of Texas, and the County of Calhoun, Texas, (hereinafter referred to as the "Sponsor"). This Grant Agreement is entered into between the State and Sponsor shown above, under the authority granted and in compliance with the provisions of the Transportation Code, Chapter 21. The project is for airport maintenance at the Calhoun County Airport. Part II - Offer of Financial Assistance 1. For the purposes of this Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, attached hereto and made a part of this grant agreement. State financial assistance granted will be used solely and exclusively for airport maintenance and other incidental items as approved by the State. Actual work to be performed under this agreement is found on Attachment A, Scope of Services. State financial assistance, Amount B, will be for fifty percent (50%) of the eligible project costs for this project or $50,000.00, which ever is less, per fiscal year and subject to availability of state appropriations. The Sponsor may requestthe State to provide mowing services, services to be provided at the discretion of the State. However, mowing services will not be eligible for state financial assistance. Sponsor will be responsible for 100% of costs of any mowing servIces. Page 1 of 12 A VN4301 . DOC (812008) .~ Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include additional approved airport maintenance work. Scope amendments require submittal of an Amended Scope of Services, Attachment A. Services will not be accomplished by the State until receipt of Sponsor's share of project costs. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Work shall be accomplished by August 31, 2011, unless otherwise approved by the State. 2. The State shall determine fair and eligible project costs for work scope. Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments. It is mutually understood and agreed that if, during the term of this agreement, the State determines that there is an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of the overrun within the above stated percentages and subject to the maximum amount of state funding. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State the right to audit any books and records of the Sponsor to verify expended funds. Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) shall be due in cash and payable in full to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay their obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V - 3. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount C). 4. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State which are in excess of the percentage of financial assistance (Amount B) as stated in Paragraph II-I. Page 2 of 12 A VN430 I.DOC (8/2008) ~ 5. Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State. All locally contracted work must be approved by the State for scope and reasonable cost. Reimbursement requests for locally contracted work shall be submitted on forms provided by the State and shall include copies of the invoices for materials or services. Payment shall be made for no more than 50% of allowable charges. The State will not participate In funding for force account work conducted by the Sponsor. 6. This Grant shall terminate upon completion of the scope of services. Part III - Sponsor Responsibilities 1. In accepting this Grant, if applicable, the Sponsor guarantees that: a. it will, in the operation of the fficility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Giant; and b. the Airport or navigational facility which is the subject of this Grant shall be controlled by the Sponsor for a period of at least 20 years; and c. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period of this Grant; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and e. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "thrOl.~gh-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and f. it shall not permit non-aeronautical use of airport facilities without prior approval of the State; and g. the Sponsor shall submit to the State annual statements of airport revenues and Page 3 of 12 A VN4301.DOC (8/2008) ~ expenses when requested; and h. all fees collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility; and 1. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in the Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and J. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and k. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to subsequent approval of a grarit or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State. 2. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the , State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or i1employees performed under this agreement. The Sponsor, to the extent of its legal authqrity to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the i:State in litigation or otherwise resisting claim or liabilities which might be imposed on the State' as the result of those activities by the Sponsor, the Sponsor's agents or employees. Page' 4 of 12 A VN430 I,DOC (8/2008) ~ 3. The Sponsor's acceptance of this Offer and ratification and adoption of this Grant shall be evidenced by execution of this Grant by the Sponsor. The Grant shall comprise a contract, constituting the obligations~d rights of the State of Texas and the Sponsor with respect to the accomplishment or the project and the operation and maintenance of the airport. If it becomes unreasonable or impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation of project costs. 4. Upon entering into this Grant, Sponsor agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project. The Representative shall receive all correspondence and documents associated with this grant and shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor, and coordinate schedule for work items as required. 5. By the acceptance of grant funds for the maintenance of eligible airport buildings, the Sponsor certifies that the buildings are owned by the Sponsor. The buildings may be leased but if the lease agreement speCifies that the lessee is responsible for the upkeep and repairs of the building no state furi~s shall be used for that purpose. 6. Sponsor shall request reimbursement of eligible project costs on forms provided by the State. All reimbursement requests are required to include a copy of the invoices for the materials or services. The reimbursement request will be submitted no more than once a month. 7. The Sponsor's acceptance of this Agreement shall comprise a Grant Agreement, as provided by the Transportation Code, Chapter 21, constituting the contractual obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the airport maintenance and compliance with the assurances and conditions as provided. Such Grant Agreement shall become effective upon the State's written Notice to Proceed issued following execution of this agreement. Page 5 of 12 A VN430 I.DOC (8/2008) PART IV - Nomination of the Agent I; 1. The Sponsor designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: a. accept, receive, and deposit with the State any and all project funds granted, allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity; b. enter into contracts as necessary for execution of scope of services; c. if State enters into a contract lils Agent: exercise supervision and direction of the project work as the State r~asonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor or any service provider, the State shall issue a written order which shall prevail and be controlling; d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State approved contracts; e. obtain an audit as may be required by state regulations; the State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. f. reimburse sponsor for approved contract maintenance costs no more than once a month. PART V - Recitals 1. This Grant is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Page 6 of 12 A VN430l.DOC (8/2008) 2. It is the intent of this grant to not supplant local funds normally utilized for airport maintenance, and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. 3. This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the S~ate is compliance with the terms and conditions of this Grant. If, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the following remedies: (1) require a refund of any financial assistance money expended pursuant to this Grant, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the projeqt pursuant to this. Grant, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Grant null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is specifically set by Grant of the parties in Travis County, Texas. 4. The State reserves the right to amend or withdraw this Grant at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State. 5. This Grant constitutes the full and to~al understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 6. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. Page 7 of 12 A VN43QI.DOC (812008) t. 1"';' ",\,i<' Part VI - Acceptances Sponsor The County of Calhoun, Texas, does ratify and adopt all statements, representations, warranties, covenants, agreements, and all tenps and conditions of this Grant. I, day of September ,20~. Executed this 23 J~~-~ Witness Signature County of Calhoun, Texas Sponsor Administrative Assistant Sponsor Signature sp~J#,/ Witness Title Certificate of Attorney I, Shannon Salyer , act~ng as attorney for Calhoun County , Texas, do certify that I have fully examined the Grant and the proceedings taken by the Sponsor relating to the acceptance of the Grant, and find that the manner of acceptance and execution of the Grant by the Sponsor, is in accordance with the laws of the State of Texas. Dated at Calhoun County , Texas, th~s 23 day of September ,20~. ~. Witness Sign~ ~~ ~ttomey's Signature Administrative Assistant Witness Title Page 8 of 12 A VN430 I.DOC (8/2008) i':~ 'J,'}, Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION BY:~ OJ /? David S. Fulton, Director Aviation Division Texas Department of Transportation Date: (o/41/fJ Page 9 of 12 I i I A VN430 I.DOC (8/2008) c, C" :i;< <I'. .4A.t.- Attachment A Scope of Services TxDOT CSJ No.:M113PTLA V P A VE-MENTS GENERAL MAINTENANCE PAVEMENT MARKINGS G RADING/DRAIN AGE MISCELLANEOUS MISC - A WOS Maintenance $0.00 $0.00 $0.00 $0.00 $10,000.00 $3,300.00 $0.00 $0.00 $0.00 $0.00 $5,000.00 $1,650.00 Total $13,300.00 $6,650.00 A9cepted by: County of Calhoun, Texas :! fYlAtJ~Jl Q PJ/// ~re 'Title: {~~j t.I Date: f"'d..-J-Jb Jl.tG $0.00 $0.00 $0.00 $0.00 $5,000.00 $1,650.00 $6,650.00 Notes: (explanations of any specifications or variances as needed for above scope items) MISCELLANEOUS - TxDOT to contract for A was maintenance, Sponsor to contract for A was AviMet Data Link, A was repairs/parts replacement. Other proiects to be determined and added by amendment. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Page 10 of 12 A VN430 I.DOC (8/2008) ",,_t" r 4....... .. CERTIFICATION OF AIRPORT FUND TxDOT CSJNo.: M113PTLA V The County of Calhoun does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. County of Calhoun, Texas (Sponsor) BY:-M.(.i.~ ~ fJfI- Title: ~ 0u/tJ Date: ~--) 3- )f) Certification of OMB Circular A-133 Single Audit Requirements I, Cindy Mueller , do certify that the County of Calhoun will comply with all (Designated Representative) requirements of the A-B3 Single Audit Act if the County of Calhoun spends or receives more than $500,000 in any federal, state, or a combination of federal and state, funding sources during this fiscal year. And in following those requirements, the County of Calhoun will submit the report to the audit division of the Texas Department of Transportation. If your entity did not meet the threshold of $500,000.00 in grant' funds, please submit a letter indicating that your entity is not required to have an A-B3 Audit performed for the most recent audited fiscal year. ~ ~ Sig ature C ()l~ ~\~r Title q-J..'i-I V Date Page 11 of 12 A VN430 I.DOC (8/2008) ...oft DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number: Ml13PTLA V The County of Calhoun designates, Vern Lyssy, Commissioner Pet #2 (Name, Title) as the Sponsor's authorized representative, who shall receive all correspondence and documents associated with this grant and who shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponso~. County of Calhoun, Texas (Sponsor) By:--1vuL).A.P 9-1f/- Title: I' A. .J- ^) ~ V4, 'f Date: tj"'J--3~)b TPIN: (74-6001923Q 001:; Address: 211 S. Ann Street I S-&(d- ftY\ (I{) q{) N Port Lavaea TX 77979 DESIGNATED REPRESENT A TIVE Mailing Address: 5812 PM 1090 Port Lavaca TX 77979 Overnight Mailing Address: 5812 PM 1090 Port Lavaca TX 77979 Telephone/Fax Number: 361-552-9656/361-553-6664 Email address: vern.lyssy@calhouneotx.org Page 12 of 12 A VN430 I .DOC (8/2008) ~ >,f-:' ,,- - , - '~-;:-;~2'{ FIRST AMENDED OPTION TO PURCHASE COVERING A CERTAIN TRACT OF LAND IN PORT O'CONNOR, TEXAS: " . j A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve the first amended option to purchase covering a certain tract of land in Port O'Connor, Texas. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ..t .... ... LAW OFFICES OF ANDERSON, SMITH, NULL & STOFER, L.L.P. ONE O'CONNOR PLAZA, SEVENTH FLOOR VICTORIA, TEXAS 77901 Mailing Address PO Box 1969 Victoria, Texas 77902 Telephone (361 )573-9191 Facsimile (361) 573-5288 September 9, 2010 Q~:{'EIVED f ~tv,~.J.. . Honorable Judge Michael J. Pfeifer Calhoun County Judge 211 South Ann Street Port Lavaca, Texas 77979 ~;EP 1 0 2010 t..'1;k,~ Pfeifer Cali'i,,~'Ui I Ci)Unty Judge Re: Real Estate Option to Purchase Optionee: Calhoun County Optionor: Stofer Limited Partnership et al Dear Judge Pfeifer: In connection with our Option to Purchase Agreement covering a certain tract of land in Port O'Connor, Texas, enclosed is First Amendment to, Option to Purchase Agreement (;.;igned by Optionor) which extends the Expiration Date for exercising this Option from June 30, 2010 until December 16, 2010. This Amendment also changes the closing date under the Earnest Money Contract to on or before fifteen (15) days from its effective date, so that the closing would take place no later than December 31, 2010, as we discussed. It is imperative that the sale close before the end of this year because of potential changes to our IRS tax rules that will have an adverse impact up<?,n the Sellers. If, for some reason the funding is not available for this sale, then we will need to rethink the entire transaction. As you will ni)te, this Amendment Rl80 restates Paragraph :2 of the Option to Purchase Agreement in order to clarify that when the option is exercised, this is done by your executing the Earnest Money Contract (Unimproved Property Contract) for mailing or delivery to me. I apologize for the delay in getting this Amendment to you. Needless to say, if you have any questions, please let me know; otherwise, I would appreciate the execution of this Amendment by you and the Commissioners' Court and returning the same to me. Very truly yours, 12. y;;. , ,. ..... ' .' ~.; - \~:. ~- .; , . :.;. ! .:..: I" ";", ~ oi (. . ; ; . ~ i . .. : . James N. Stofer I .- I /. .. ANDERSON, SMITH, NULL & STOFER, L.L.P. September 9,2010 Page 3 JNS/ka Enclosure 44930 J:'JNSlStofer-EibandlSale to Calhoun CountylCounty Judge Itr 0909 IO.OOc cc: Shannon Salyer P.O. Box 1001 Port Lavaca, Texas 77979 FCefUlethFinster P.O. Box 177 Seadrift, Texas 77983 \ .. ,- " FIRST AMENDMENT TO OPTION TO PURCHASE AGREEMENT THE STATE OF TEXAS ~ COUNTY OF CALHOUN ~ KNOW ALL MEN BY THESE PRESENTS: This First Amendment to Option to Purchase Agreement is made by and among (i) the Stofer Limited Partnership and (ii) Wells Fargo Bank, as Trustee of the Day P. McNeel Trust and the Mary Austin McNeel Trust (collectively herein called "Optionor") and the County of Calhoun (herein called "Optionee"). Optionor and Optionee hereby agree as follows: (1) Reference is here made to that certain Option to Purchase Agreement dated November 1,2008 between Optionor and Optionee, covering 7.05 acre tract ofland out of the Santiago Gonzales, Outblock 30, Tract 2, Calhoun County, Texas (Port O'Connor, Texas) and the adjoining railroad right of way. (2) As amended hereby, the Option to Purchase Agreement is hereby reinstated and confirmed to be in full force and effect with no ,defaults currently existing thereunder. (3) as follows: Paragraph 1 of the. Option to Purchase Agreement is amended and restated to read "1. OPTION PERIOD: Optionee may exercise the Option to purchase at anytime until and induding December 16, 2010 (the "Expiration Date), so long as Optionee is not in default under the lease signed by Optionee with Optionor concerning the above property of even date herewith or so long as said lease has not terminated. TIME IS OF THE ESSENCE IN EXERCISING THE OPTION." (4) as follows: Paragraph 2 of the Option to Purchase Agreement is amended and restated to read "2. EXERCISE OF OPTION: Optionee may exercise the Option at any time on or before the Expiratioq Date by delivering to Optionor by certified mail, return receipt requested, or Federal Express mail, at the above listed address of Optionor (or at such other address as is given in writing by Optionor to Optionee), postmarked on or before the Expiration Date, or in person to Optionor, notice of Exercise of Option (the attached Unimproved Property Contract fully executed by Optionee), along with the earnest money outlined therein, made payable to Anderson, Smith, Null & Stofer, L.L.P. Escrow Account. .? ~ ... The date of mailing or delivery of the Exercise of Option (the attached Unimproved Property Contract fully executed by Optionee) shall be deemed to be the effective date of the earnest money contract." (5) The closing date under the attached Unimproved Property Contract is amended to be on or before fifteen (15) days from the Effective Date, but in no event later than December 31, 2010. (6) Except as amended hereby, all other terms and prOVlSlons of the Option to Purchase Agreement and Unimproved Property Contract are ratified and shall remain unchanged and in full force and effect. (7) The parties signing below on behalf of Optionor and Optionee warrant and represent that they have authority to bind Optionor or Optionee, as the case may be, to the provisions of this First Amendment to Option to Purchase Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. EXEClJTED effective on the 30th day of June, 2010. 'I", . . I OPTIONOR: OPTIONEE: Stofer Limited Partnership BY:~.~ JAM N. STOFE , General Partner Calhoun County, a Local County Government By: Calhoun County Commissioners Court ~"930 J:\INS\Stofer.Eiband\Sale 10 Calhoun COWlI~""Closlng Documents\FU'St Amdmt to Option 10 Purchase Agrmtdoc lNS:ka 9109110 2 RESOLUTION ADOPTING SECTION 3 LOCAL OPPORTUNITY PLAN FOR CALHOUN COUNTY'S TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT (TXCBG) PROGRAM AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to sign a Resolution Adopting Section 3 Local Opportunity Plan for Calhoun County's Texas Community Development Block Grant (TXCBG) Program and authorize County Judge to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. i SECTION 3 LOCAL OPPORTUNITY PLAN In accordance with 12 U.S.C. 1701 u, (Section 3), Calhoun County agrees to implement the following steps, which, to the greatest extent feasible, will provide job training, employment and contracting opportunities for Section 3 residents and Section 3 businesses of the areas in which the program/project is being carried out. A. Introduce and pass a resolution adopting this plan as a policy to strive to attain goals for compliance to Section 3 regulations by increasing opportunities for employment and contracting for Section 3 residents and businesses. B. Assign duties related to implementation of this plan to the designated Equal Rights Officer. C. Notify Section 3 residents and business concerns of potential new employment and contracting opportunities as they are triggered by TxCDBG grant awards through the use of: Public Hearings and related advertisements; public notices; bidding advertisements and bid documents; notification to local business organizations such as the Chamber(s) of Commerce or the Urban League; local advertising media including public signage; project area committees and citizen advisory boards; local HUD offices; regional planning agencies; and all other appropriate referral sources. Include Section 3 clauses in all covered solicitations and contracts. D. Maintain a list of those businesses that have identified themselves as Section 3 businesses for utilization in TxCDBG funded procurements, notify those businesses of pending contractual opportunities, and make this list available for general Grant Recipient procurement needs. E. Maintain a list of those persons who have, identified themselves as Section 3 residents and contact those persons when hiring/training opportunities are available through either the Grant Recipient or contractors. F. Require that all Prime contractors and subcontractors with contracts over $100,000 commit to this plan as part of their contract work. Monitor the contractors' performance with respect to meeting Section 3 requirements and require that they submit reports as may be required by HUD or TDRA to the Grant Recipient. G. Submit reports as required by HUD or TDRA regarding contracting with Section 3 businesses and/or employment as they occur; and submit reports within 20 days of calendar year end which identify and quantify Section 3 businesses and employees. H. Maintain records, including copies of correspondence, memoranda, etc., which document all actions taken to comply with Section 3 regulations. As officers and representatives of Calhoun County, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. Ihid~ Q ~ Michael "Mike" Pfeirer 0 nty Judge ~~,2J-)lJ Date RESOLUTION RESOLUTION OF CALHOUN COUNTY ADOPTING SECTION 3 LOCAL OPPORTUNITY PLAN FOR ITS TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT (TXCDBG) PROGRAM WHEREAS, the County's participation in the TXCDBG Program requires that it strive to attain goals for compliance to Section 3 regulations by increasing opportunities for employment and by contracting-with Section 3 residents and businesses within its jurisdictional boundaries in accordance with an adopted Section 3 Local Opportunity Plan. THEREFORE, the Commissioners Court hereby resolves to adopt a Section 3 Local Opportunity Plan, attached hereto and incorporated herein. Passed and adopted by the Commissioners Court of Calhoun County, Texas, on the 2.:5 day of ~,~ ,2010. ~v-(,~ ~ i~haeIIMike" feife County Judge Attest: .t~~ County Cler _ CONTRACT WITH VICTORIA ELECTRIC COOPERATIVE COMPANY FOR SECURITY LIGHT SERVICE AT FM 1090 AND ROYAL ROAD, A~,D AUTHORIZE COMMISSIONER LYSSY TO SIGN ALL NECESSARY DOCUMENTS: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to approve the Contract with Victoria Electric Cooperative Company for security light service at FM 1090 and Royal Road and authorize Commissioner Lyssy to sign all necessary documents. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. VICTORIA ELECTRIC COOPERATIVE COMPANY CONTRACT FOR SECURITY LIGHT INSTALLATION The undersigned (hereinafter called the "Member") hereby makes application for the installation of mercury type security light{s) as indicated hereon by Victoria Electric Cooperative Co. (hereinafter called the "Cooperative") pursuant to the following terms and conditions applicable to each fixture: 1. The Cooperative will, at the request of its Member, furnish, install and maintain a photo electrically controlled mercury type security light to be erected on the Member's premises, including extra pole(s) and service facilities, and make all necessary connections to the fixture for a monthly flat charge depending upon the size of the fixture and the number of poles required for the installation, which is hereinafter set forth. The monthly flat charge includes the cost of electric energy used by the fixture. Wholesale Power Cost adjustment on ifO KWH will be added to the monthly charges for the lights as outlined in security light schedule. 2. If the Member wishes the fixture at a location other than on an existing pole with service facilities, an added monthly charge of $.75 per pole will be made for each additional pole required to serve the fixture. 3. It is agreed that the charge for Security Light service shall be itemized seperately and billed simultaneously with Member's billing for normal service. Security light service does not constitute normal service customarily furnished member and the rules relating to service terminating at the option of the Member shall not apply to this agree- ment which shall continue in force and effect for the term hereinafter provided regardless of the Member's discontinuance of normal service on the same premises. 4. The member agrees to notify the Cooperative when the security light fails to operate properly and the Cooperative shall make every reasonable effort to service the fixture during regular daytime working hours within two regular work days following notification by the Member. Further, the Member agrees to protect the fixture from damage insofar as possible. 5. The facilities installed to provide the security light service remains the property of the Cooperative. 6. The approval of this contract by the Cooperative shall constitute an agreement between the Member and the Cooperative, and the contract for security light service shall continue in force for the contract period beginning with the date service is rendered by the Cooperative to the Member and thereinafter until by proper notice given by either party to the other. ItwrIi ot ~viu 7. This contract shall continue in force for ~~s). Number of fixtures requested and monthly charge(s) agreed to are as follows: 100 Watt Security Light---1- at $ /0,)4 =$ Pole(s) at $ =$ at $-=$ TOTAL..............~.....~.$ Ill.lttf In ~4 *Plus tax, if applicable Maplt DATE :----3-1'0 -10 '71/ t 4 Member's Signature X Address: JU 1010 f .~ Ed.) f UhWALi.A l AML(,d1(! -p 11(' J: ELECTRIC COOPERATIVE COMPANY ~ CNIt Uibne8's-:- VICTORIA BY :-".dj~MJ.(j / (ilhflf/1 ft1}( J REQUEST BY COUNTY AUDITOR TO APPLY FOR CREDIT FROM SAGE SOFTWARE CHECKS AND FORMS AND SIGN ANY NECESSARY DOCUMENTS: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the request by County Auditor to apply for credit from Sage Software Checks and Forms and sign any necessary documents. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ,~ ~' ~pplication For Credit: Order # - Thank you for your interest in being billed for your checks and forms orders. To process your request, please complete the following information: - ~ ~ - . - ~ - [ 1. Compan Information FuB Legal Name/Business Entity THE COUNTY OF CALHOUN TEXAS Doing Business As (DB!\) Phone # 361-553-4610 F'ax # 361-553-4614 Bjllin,g, I\,ddress l':> 202 S !\NN ST - ~~ k \,:) Company Type: Ii Pro )rietorshi C:i ty 'I HORT Li\ V;\CA TX 77979 II, Other: GOVERNMENT !~ 1 Lf,~ Annual Sal " State Ii Putnershi) Franchise No. of Employees . ~ 'fax ID (I(Tax E.'Kempt Plea.refax a wpy o(yuur .rtate tax' exemption certilirate JJJith applimtion) 74-6001923 il Year Business Established E-tvlail ;\ddress(es): 2. Owner Information State 3. Bank References .~o Bank Name e j\ccount l1umber ,I ,I !City II State ;\ddress Bank Name !\ccount lumber ,pt)' II II State ;\ddress 4. Three Business References Company Name ( ;\c1drcss State :City I; 'I Company Name S ~ Address State ~ Company Name .DttW1-H- o~ Ii ~ SOf\:1 'City il State I\ddress Please Fax or mail this form to: Sandy Koughn Accounting Department PO Box 910 Milton, WA 98354 Fax: 253-927-4014 Authorized Signature/Title: Zip G~~ Website: www.caJhouncotx.org Socia] Security # Zip Phone # Contact Zip Phone # Contact:- Zip Phone # Contact Zip - 3400 1- Contact Zip Contact Zip Date: ~ If' ., ~\"'~'""" 01-"'39 (Back) (,;:lJE:J ~~~2~' (Re:~ 9-0716) TEXAS SALES AND USE TAX EXEMPTION CERTIFICA liON " Name of purchaser,'firm or agency CALHOUN COUNTY ~dd;~~ ~~~~~~;~~=-:_~~~~::~~~~~~~~~~~~~~~-~_=~~~=_=~=_===~~=~~~__=~=~_~~7~~~-~~~~~~e~;;.~~~~~~~=-~=~~=~ City, State, ZIP code ' PORT LA V ACA TX 77979 I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable items described below or on the attached order or invoice) from: seller:___~~~_~___S_~f~ ~!-_&____~~J~_~ 5.~_~ __________________ Street address: _ City, State, ZIP code: Description of items to be purchased or on the attached order or invoice: PRODUCTS AND/OR SERVICES FOR THE EXCLUSIVE USE OF CALHOUN COUNTY. Purchaser claims this exemption for the following reason EXCLUSIVE USE OF CALHOUN COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS. I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the provisions of the Tax Code and/or all applicable law, I understand that it is a criminal offense to give an exemption certificate to the sellerfortaxable items that I know, at the time of purchase, will be used in a mannerotherthan that expressed in this certificate, and depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree, sign b here r ~ For: Cindy Mueller, County Auditor q-il/-J 0 NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle, THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID, 74-6001923 Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist This certificate should be furnished to the supplier, Do not send the completed certificate to the Comptroller of Public Accounts, WIRELESS SERVICE AGREEMENT WITH AT&T AND COUNTY JUDGE'S OFFICE AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch toapprove the Wireless Service Agreement with AT&T and County Judge's Office and authorize Judge Pfeifer to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. .~ ~ ~ at&t e . Billing Responsibility Agreement I, Mi rh::lpl .J Pfpi fpT (name of corporate officer or partner) County Judge (Title) of Calhoun County ("Company") do hereby represent and warrant to AT&T Wireless that Michael J. Pfeifer (Companyemployee(s)) has the authority to enter into contractual agreement with AT&T Wireless on behalf of the Company for the establishment of wireless service. The Company hereby acknowledges and accepts liability and responsibility for the payment of any and all fees, charges and expenses billed to the Company pursuant to any and all wireless accounts established on behalf of the Company. In the event any such established wireless accounts becomes delinquent, the Company acknowledges that such wireless service is subject to suspension and possible termination in addition to any and all other remedies to AT&T Wireless under the executed, Wireless Service Agreement. Company: By: Title: Date: AT&T Wireless 6010 IH 35 North Austin, Texas 78752 Office: 512-458-2121 Fax: 512-406-3995 VICTORIA COMMUNICAtION SERVICES Wireless Activation A,reement This is a 181-day agreement between VICTORIA COMMUNICATION SERVICES and the AUTHORIZED USER AS NAMED below. agreement is unrelated to the AT&T Wireless Contract for Service and cannot b~ canceled or altered by AT&T. NAME: Lfr;1I.J()I,-.., ('() 1~lTt-1 ..~ '\C"\G~ L:J::AUS ADDRESS: 2\ l ~. A-NN '8U.I"TF 301 P MalllDg/Street @, CA\J~ City PHONE PURCHASED from VCS: l PUDNF 4l:::a (3Z4 \ BraDdlModel This (BIIIIDg Name OD AT&T CODtract) t"'k State ,lC:rA Zip 01242,064- tt"9~$S'C;- ESNIIMEI WIRELESS NUMBER ACTIVATED: 3(0 \ ~q,~ CODtract# Pas. .LCM:It. AT&T Wireless, hereafter referred to as AT&T, has agreed to provide a line actlvatloD promotloDal paymeDt to Victoria CommuDlcatloD Services, hereafter referred to as VCS, for each authorized user (User) who secures AT&T wireless service for a nxed period of time through or from VCS, with or without the purchase of product. ' Accordingly, the undersigned parties agree to the following: t. In cODslderatloD ofVCS' agreemeDt to seD to User at a reduced.rate, User agrees to (a) purchase the above Damed wireless phone unit from VCS thereby eDterlDg IDto Wireless ActlvatloD Agreement (the~greemeDt); (b) to enter IDto aD agreemeDt with AT&T for wireless services (AT&T COD tract); aDd, (c) to use such service subscribed to on the :.~ ~ 91 ~ contract rate plan with the number above, ,for at least ODe hundred eighty ODe (181) days thereby entltllDg VCS to the promotloDal payment. 2. ID cODslderatloD of the foregolDg, VCS agrees to seD and supply the User the above described wireless phoDe at a reduced purchase price of S 2q~ .'\C\ . 3. Should User for aDY reason whatsoever terminate, caDcel, alter, or disrupt AT&T wireless services that have been secured through VCS uDder theAT&T CODtract and this Agreement, for the above number3w( ~ I t"'B beCore the explratloD oCoDe hundred eighty ODe (181) days Crom the date oCthls agreement, OR sho~ld AT&T DOt provide a promotloDaI payment to VCS because this number actlvatloD has beeD offset by a caDcellatloD ofan active AT &T line thereCore causlDg a numberchaDge by deftnltlon oC AT&T, VCS aDd User agree that a debt Is created wbereby User owes VCS an additional 5300.00. This shaD Include any type oC'satlsCactlon guarantee' that may be attached to any promotloD at any time. This also Includes number chaDges billed to the same address but dlffereDt social security numben. To secure the debt, the User hereby gives to VCS and fixes In VCS' Cavor a contractual lien upon and against the above-descrlbed wireless phone with a clear ESNIIMEI including any and aU accessories & In good working condition, whether herein speclfted or not, to secure I prompt paymeDt oC the debt In the amount oC 5300.00, and aU other sums oC money stipulated to be paid hereunder. If User Calls to pay this amount wlthlD a teD-day period Crom the canceUatlon, any aDd aU legal and equitable remedies aUowed by law and In equity provided to a contractuallleDholder can and will be utilized by VCS punuant .to this agreement. 4. I further state and represent that I am not now canceDlng or anticipating caDcelllDg aDY current service that Is presently active on AT&T In order to obtain promotional pricing. Convenlons Crom an alternate service provider are acceptable; however, It Is the BlUIng parties' responsibility to cancel such existing service. VCS cannot cancel service Cor the customer. Likewise I agree to maintain the selected plan Cor AT&T monthly service during this one hundred eighty one day (181) period; a downgrade In monthly rates during this period validates this Agreement. IN MY INDIVIDUAL CAPACITY AND ON BEHALF OF THE ENTITY I REPRESENT, IF ANY, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMSAND CONDITIONS OF THIS DOCUMENT AND,IAGREE TO BE PERSONALLY BOUND THEREBY. If signing OD behalC ofan eDtlty, I representthat I am a duly authorized representative oCthe entity shown under "Name" above and represented to AT&T on the CODtract and/or Financial Consent letter; and, I haveilubmltted this appDcatlon In the capacity Indicated as by "Title" below. ICI am representing a corporation, I acknowledge that the execution oCthls document has been authorized by aU necessary corporate action. I FULLY UNDERSTAND THE INTENT OF THIS AGREEMENT AND ACKNOy'iff:g; ~~RE': ~~:::SR J::.eRf::fe'::~ ~R GUARANTEESHAVEABEARINGONTHEONEHUNDREDEIGHTYONE(JBIJDA: 'E CBS. 'E T. AND THAT AT&TCAN RELEA.SEMEONLYFROMANAT&TCONT~ NAME OF BILLING PARTY ON AT&T CONTRACT: Michael J. Pfeifer, County Judge :::~;:::.~,~ ....., NAME OF AUTHORIZED USERlREPRESENTATIVE: Susan Riley Date: q- J]-/j) VICTORIA COMMUNICATION SERVICES BY:_~~LUCL\. \ , Sales Repfesentatlve Date: " I CIf' \ \ Activation Date G{ Market/Region Wireless Equipment Inform~tlon II 1st 2nd 3rd 4th Wireless Number qla~ 3~\ c:t3o Activation Upgrade V 1 year 2 year Iv No Commitment Activation Charge Upgrade Charge lQ.<:p Montllly Pl~n ~nrl Promotion Rate Plan C> ~ at&t 1.800.331.0500 WIRELESS SERVICE AGREEMENT Agent Code 2-2--1'-\. \L.- 2.. Salesperson Billing Name I Legal Name (First. M.I., lost) Attention Line ~u~t~~xe~~~a~~c~~~~~~ry Use Z \ \ CS, City :::> 3D\ Monthly Service D Sole Owner Authorized Person to Sign for Account Authorized Individual's Title o Partnership Included Minutes flome Number ( ) Tax Exempt Tax 10 Number II \~'€. Account Number s Advance Payment / Deposit Amount S Additional Notes: s ~'-eNT do I() (::Os s TOTAL s (Ji).OCJ S~ F' F' r~~ .~ ~. =n~'~~ .:2::_ REGULATORY COST RECOVERY CHARGE AT&T IMPOSES A REGULATORY COST RECOVERY CHARGE OF UP TO S1.25 TO HELP DEFRAY ITS COSTS INCURRED IN COMPLYING WITH STATE AND FEDERAL TELECOM REGULATIONS, AND STATE AND FEDERAL UNIVERSAL SERVICE CHARGES, AND SURCHARGES FOR GOVERNMENT ASSESSMENTS ON AT&T. THESE ARE NOT TAXES OR GOVERNMENT.REQUIRED CHARGES. 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. CONTRACT PROVISIONS This Agreement incorporates and includes by reference AT&fs current service Terms and Conditions Booklet #FMS TC T 0710 0160 E including its arbitration clause, which requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actio", This Agreement also incorporates and includes by reference the versions of the following AT&T brochures that are effective as of the date of this Agreement: i. AT&fs Rate Plan Brochure describing the services listed above under "Monthly Plan;" and, ii. AT&fs Feature Brochurels) describing the service featurels) listed above under "Optional Features." I acknowledge thatlhe Terms and Conditions Booklet, the Rate Plan Brochure and the Features Brochure(s) were separately provlded 10 me at the time I signed this Agreement SERVICE/COVERAGE LIMITAnONS Service is not available at all times in all places. There are gaps in coverage within the service areas shown on coverage maps. SERVICE COMMITMENT/EARLY TERMINATION FEE Your Service Commitment begins on the day we activate your service. You have received certain benefits from us in exchange for any Service Commitment greater than one month. if we terminate your service for nonpayment or other default before the end of the Service Commitment or if you terminate your service for any reason other than lal in accordance with the cancellation policy; or Ibl pursuant to a change of terms, conditions or rates as set forth below, you agree to pay us with respect to each device identifier or telephone number assigned to you, in addition to all other amounts owed, an Early Termination Fee in the amount specified beiow I"Early Termination Fee"l. If your Service Commitment includes the purchase of certain speCified Equipment on or after June 1, 2010, the Early Termination Fee will be S325 minus S10 for each full month of your Service Commitment that you complete. (For a complete list of the specified Equipment check att.com/equipmentETF.) Otherwise, your Early Termination Fee will be S150 minus S4 for each full month of your Service Commitment that you complete. The Early Termination Fee is not a penalty, but rather a charge to compensate us for your failure to satisly the Service Commitment on which your rate plan is based. AFTER YOUR SERVICE COMMITMENT, THIS AGREEMENT SHALL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS UNTil EITHER PARTY GIVES NOTICE PURSUANT TO THE TERMINATION PROVISION BELOW. IPHONE AND CERTAIN OTHER DEVICES An eligible data plan is required for certain devices, including iPhones and other designatediSmartphones and PDAs. The data plans do not cover international data charges. If it is determined Ihat you are using an iPhone or other designated Smartphone or PDA without an eligible data plan, AT&T reserves the right to add an eligibie data plan to your account and biil you the appropriate monthly fee. OPnONAL ROADSIDE ASSISTANCE IS AVAILABLE FROM AT&T Enroll lor S2.99/month and get the first 30 days free. After the free period the charge is S2.99/month per line. You may cancel at any lime by contacting AT&T. MOBILE CONTENT I understand that wireless devices can be used to purchase goods, content and services (Including subscription plans) like ring tone~ graphics, games, and news alerts hom AT&T or allier 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 billlinduding charges on behall of other companies), and that such purchases can be restricted by using parental controls available lrom an AT&T salesperson, at altcom/wireless, or by calling AT&T. WIRELESS PHONE INSURANCE If not already enrolled, ask about optional Wireless Phone InSUrance. If eligible, you have 30 days from the date 01 activation or upgrade to add it. Provided by Asurion Protection Services, underwritten by CNA See brochure lor complete terms and conditions. Key terms include: Premium: S4.99/month; Non-refundable Deductible: from S50-S125/per claim. Limits: Two claims per 12 months; maximum replacement value of S1500/per claim. Replacements may be refurbished or different model Cancel at any time for a prorated refund of the monthly charge. iPhone is ineligible for the Insurance Feature, which will be removed from iPhone devices on your account CANCEUAnON PERIOD/TERMINAnON You may terminate Ihis Agreement within Ihirty (30) days after activating service without paying an Early Termination Fee. You wiil pay for service fees and charges Incurred through the termination date, but AT&T will relund your activation fee, if any, il you terminate within three (3) days of activating the service. You may have to return any handsets and accessories purchased With this Agreement and AT&T may charge you a restocking fee. II you terminate after the 30th day but belore expiration of the Agreement's Service Commitment youwiil pay AT&T an Early Termination Fee for each wireless telephone number associated with the service. Either party may terminate this Agreement at any lime after your Service Commitment ends with thirty 1301 days notice to the other party. We may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement or any terms and conditions of your rate plan, or if you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives, or if we discover that you are underage, or if you fail to make all required payments when due, or if we have reasonable cause to believe that your Device is being used for an unlawful purpose or in a way that may adversely affect our servICe, or if you provided inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit. I HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT WITH ITS SEPARATE TERMS AND CONDmONS BOOKLET, RATE PLAN BROCHURE AND FEATURES BROCHURE(S) (including. but not Um~ed to, their Changes to Terms and Rates, Umltallon of liability and Arb~ratlon Provisions). " buying an IPhone, I agree that use of the IPhone acts as an acceptance of the Apple and third party terms and condlllons Included wtth the IPhone, r~]:\\l'''''' 1025 Lenox Park Blvd. " Atlanta, GA 30319 YELLOW - SALES REP PINK - CUSTOMER @ 2010 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. fMS SA T 0710 0162 E TEXASCOUNTY AND DISTRICT RETIREMENT SYSTEM 2011 PLAN INFORMATION DOCUMENT AND AUTHORIZE THE COUNTY JUDGE TO SIGN THE DOCUMENT: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the Texas County and District Retirement System 2011 Plan Information Document and authorize Judge Pfeifer to sign the document. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. oj. ,,- ~ ~ RETIREMENT PLAN ASSESSMENT FOR PLAN YEAR 2011 Calhoun County - 128 v Calhoun, County, #128 Retirement plan assessment for plan year 2011 It's that time of year again - time to look at your TCDRS retire- ment plan and decide whether or not your benefits are adequate and affordable. This plan assessment will give you an overview of the benefits you currently provide. It also includes estimates on how much it will cost to provide these benefits in 2011. If you are interested in adding to or changing your plan provisions for 2011, please contact your TCDRS Employer Services Representative. We will send you cost and benefit information on any changes you are considering. If you are satisfied with your current plan, please return the enclosed authorization by Dee. 15, 2010. If you have questions, contact your TCDRS Employer Services Representative at 800-651-3848. 800-651-3848 * WWW.TCDRS.ORC NEXT STEPS 1. If you are not considering any plan changes. . . return the enclosed authorization by Dec. 15,2010. 2. If you are only adopting a COLA or elected rate... return the enclosed authorization by Dec. 15,2010. 3. If you are considering changing or adding other plan provisions ... contact TCDRS at 800-651-3848. We will be happy to send you the rates and authorization for the plan changes you are considering. KEY DATES Oct. 01, 2010 Deadline to contact TCDRS in writing if you are considering authorizing a buyback. Dec. 15,2010 Send in your authorization to TCDRS confirming your 2011 plan provisions. Apr. 9, 2010 YOUR BENEFITS Basic Benefit Provisions: Cost-of-Living Adjustments (COLAs) for retirees: You have never adopted a COLA. Optional Benefit Provisions: Employee deposit rate - 7% Matching rate - 200% Prior service credit - 95 % Retirement Eligibility: Age 60 with 8 years o/service Any age with 30 years o/service Rule 0/75 (age plus years o/service equals 75) WHAT YOU ARE PROVIDINC Under your plan, each employee makes deposits into his Ot her personal TCDRS account by paying in a percentage of each paycheck. Employee accounts earn 7% interest each year, which is compounded annually based on the account balance at the beginning of the year. If one of your employees chooses to receive a retirement benefit, TCDRS adds the employee's personal account balance to matching and other credits you provide as an employer. We then convert that sum into a monthly benefit payment, payable for life. The following chart shows the estimated TCDRS benefit as a percentage of final salary prior to retirement for a new hire: 120% 80% Final salary 100% 60% 40% 1M TCDRS benefit as a % of final salary before retirement 20% 0% Hired at 55 Retired at 65 Hired at 50 Retired at 65 Hired at 45 Retired at 65 Hired at 40 Retired at 65 Hired at 35 Retired at 65 Assumptions . Employees are new hires and will work for you until retirement. . Your current plan provisions will remain in effect through employee's retirement. . Current laws governing TCDRS will continue as they are. · Graded salary scales give bigger raises early in careers, with smaller raises later in careers (see Summary Valuation Report at www.tcdrs.org). . Based on Life Only benefit. 800-651-3848 * WWW.TCORS.ORC 2 Apr. 9. 2010 YOUR COSTS Your employer contribution rate represents the percentage of payroll your organization needs to contribute to fund future benefits for your current employees, for~er employees and retirees. To calculate your total required rate, add rhe rate for any COLA you plan to adopt to the provided calculated contribution rate. COLAs must be re-authotized each yeat. They are not "automatic." If you wish to authorize a COLA for the next plan year, you can estimate the cost based on the schedule of rates below: ~ 1;: " ~ u .:: ] " -9 <;::: u ~ ~ ~ u .:: :; ~ ::i 5: Your normal cost rate 7.70% Your UAAL rate + 2.67% Calculated contribution rate 10.37% COLA rate (if adopting) + Total Required Rate To determine the cost of your plan in dollars, move the decimal for your "Total required rate" two places to the left, then multiply it by your estimated payroll for next year. % of payroll % of payroll Below is a record of your required employer contribution rate history over the last five years. 12% 10% . . . . @ 8% 6% 4% 2% 0% 2007 2008 2009 20]0 20]] REASONS FOR RATE CHANGE 2007-2008 2008-2009 2009-2010 2010-2011 Beginning Rate 10.04% 9.44% 9.41% 10.27% Plan Changes Adopted 0.00 0.00 0.00 N/A Investment Return 0.00 0.00 1.47 -0.34 Elected Rate/Lump Sum 0.00 0.00 0.00 0.00 Demographic/Othet Changes -0.40 -0.03 -0.04 0.03 Assumptions/Methods -0.20 0.00 -0.57 0.4] Ending Rate 9.44% 9.41% 10.27% 10.37% VALUATION YEAR 2006 2007 2008 2009 FUNDED RATIO 90% 9]% 85% 87% A complete Summary Valuation Report fOt the Dec. 3], 2009 valuation is available on the web. 800-651-3848 * WWW.TCDRS.ORC 3 Apr. 9. 2010 Calhoun County, #128 II Authorization to maintain TCDRS plan provisions II Plan year 2011 " With respect to the participation of Calhoun County in the Texas County & District Retirement System (TCDRS) for the 2011 plan year, the following order was adopted: 1. Calhoun County makes no change in the plan provisions for non-retirees. * 2. With respect to benefit payments being paid to retirees or their beneficiaries, Calhoun County (check one box): ~ does not adopt a cost-of-living adjustment (COLA). o adopts a _% CPI-based COLA. o adopts a _% flat-rate COLA. * 3. The required employer contribution rate for Plan Year 2011 will be the following: (a) Required rate without COLA: (b) COLA rate: (c) Total required rate (a + b): + 1,10.37% ,I I: 0 (enter 0 if not adopting a COLA) ID 1370/0 * 4. Employers may elect to pay a rate greater than the total required rate listed above. Calhoun County adopts for Plan Year 2011 (check one box): ~e total required rate listed above. o add a new elected rate of %. 5, In the event the 2011 total required rate as set out above exceeds 11 %, and if a current waiver of that limit is not on file with TCDRS, the Commissioners Court of Calhoun County hereby waives the 11 % limit on the rate of employer contributions and such waiver will remain effective with respect to future plan years until properly revoked by official action. Certification ] certifY that the foregoing authorization concerning the participation of Calhoun County in TCDRS for Plan Year 2011 truly and accurately reflects the official action taken during a properly posted and noticed meeting onS eo r +exn ber ..;! 3 ,2010, by the Commissioners Court of Calhoun County as such action is recdded in the official minutes. II ~lln~ ~It:!. 21?ff Dated: q-~3-)O * Please fill in the required information for items 2, 3 and 4 before signing and sending this document to TCDRS. PLEASE FAX TO: (512) 328-8887 Apr. 9, 2010 2011 INDIGENT DEFENSE REQUEST FOR APPLICATIONS - FORMULA GRANT PROGRAM IN THE AMOUNT OF $14,099: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the 2011 Indigent Defense request for applications - Formula Grant Program in the amount of $14,099. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 2011 Calhoun County Resolution Indigent Defense Grant Program WHEREAS, under the provisions of the Fair Defense Act, 77th Regular Session, counties are eligible to receive grants from the Task Force on Indigent Defense to provide improvements in indigent defense services in the county; and WHEREAS, this grant program will assist the county in the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county; and WHEREAS, Calhoun County Commissioners Court has agreed that in the event of loss or misuse of the funds, Calhoun County Commissioners assures that the funds will be returned in full to the Task Force on Indigent Defense. NOW THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Indigent Defense Formula Grant Program and all other necessary documents to accept said grant; and BE IT FURTHER RESOLVED that the County Judge is designated as the Program Director and contact person for this grant and the County Auditor is designated as the Financial Officer for this grant. Adopted this 23rd day of September, 2010. ~~~lfif County Judge A~ l___~^~: ounty Clerk Internet Submission Form After submitting the formula grant application on-line, the following Internet submission confirmation number was received #201102920100928. This grant application submission was in accordance with the Co missioners Court Resolution above. ~ ::~:m:'; \'~:;1~>\ .j ~ ) ',:,.. .... I "/' ~ / . ,/,....../ ',.~~/{.J.\\ \'~:/ \ TEXAS TASK FORCE ON INDIGENT DEFENSE 205 West 14lh Street, Suite 700 Tom <t. Clark Building Phone: (512)936-6994, P.O. Box 12066, Austin, Texas 78711-2066, Fax: 512-475-3450 www.courts.state.tx.us/tfid FY2011 Formu~a Grant Program Requests for Ai?plications (RF A) Septemlj,er 7, 2010 Total Grant Amount Budgeted for Statewide Use Available: FY20 11- $12,000,000 Type of Grant Formula - The Task Force distributesifunds to counties through a formula that sets a $5,000 floor per grant with the remain~er based on a county's percent of population (estimated by the Texas Data Center i~ the preceding year) multiplied by the Task Force's remaining budgeted amount f()r formula grant. Counties must meet minimum spending requirements to qualify. Eligibility: Only Texas counties may apply. See fl!lrther eligibility below. Grant Applications Due: All applications must be submitted on~line. Applications must be completed and submitted by October 29,2010. See ~pplication section below for waiver requests and other deadlines. Method of Application: On-line submission can be accessed atlhttp://tfid.tamu.edu. All county judges have 'I been assigned a unique user name and!ipassword. See contact information below for access to the system. Time Period for Funding: October I, 2010 through September 3d, 2011 All grants awarded will require at least one follow-up report outside of the time period. . Commissioners Court Resolution Re9uired: This application is submitted on-line b'Ut requires a commissioners' court resolution/internet submission form be adopted and faxed/mailed. The resolution is generated by the on-line system and must be printed out from the on-line application page. Funding: Funds will be distributed in four (4) di~bursements for this fiscal year for most counties. Applicable Authority and Rules Texas Government Code 971.062 Texas Administrative Code Chapter 173 Uniform Grant Management Standards (UGMS) Task Force on Indigent Defense Steps in Submitting a Grant Application I) Log onto http://tfid.tamu.edu (Follow on-line page instructions). 2) Verify that the online screen indicates the appropriate grant officials and judicial officials. 3) Verify that the Task Force online records indicate that submitted county-wide plans are in compliance and meet the grant eligibility requirements. Contact Task Force staff to discuss compliance issues. 4) Certify the application complete by sending in the signed Resolution / Internet Submission Form along with any required plan documents. . Formula Grant Program A. Introduction Formula Grants are provided by the Task Force on Indigent Defense (Task Force) to help the Task Force meet its statutory mandates and to promote Texas counties' compliance with standards adopted by the Task Force. Formula grants provide money to counties for increased indigent defense costs based on a formula set by the Task Force. Qualifying counties are eligible for funds determined by the formula only to the extent their spending exceeds spending in their baseline year. The current formula provides that all counties are eligible for a $5,000 "floor." The remaining funds set aside by the Task Force for these purposes are then allocated based on the counties' percent of the State of Texas' population estimate as determined by the Texas Data Center for the preceding year. Other grant distribution formulas may be considered in the future as more data becomes available. Counties must meet minimum spending requirements to receive credit for spending the funds. The grant period for this application is October 1,2010 through September 30,2011. Expenses must be incurred and/or obligated during this time. B. Eligibility Only counties are eligible to apply for funds. c. Direct Disbursement Pool Counties with low incidence of crime and low indigent defense expenses may also choose not to submit the application. They will be eligible to receive funding under the Task Force Direct Disbursement policy and procedures. If a county has had to refund formula grant money to the Task Force or has not received grant funds in the previous year, please consider not applying for the formula grant and the county will be eligible for the Direct Disbursement Pool. This Task Force policy is intended to reduce application procedures for counties that have both low incidences of crime and low indigent defense costs. The policy governing reimbursement of eligible expenses under this policy vary depending on whether a county spent any of the formula grant funds in the preceding year. A county that spent at least a portion of the formula grant funds in the preceding year and does not apply for a formula grant in the current fiscal year may submit receipts for direct disbursements. If it experiences indigent defense costs above its baseline year amount (or adjusted baseline), such a county is eligible to receive up to the amount of the initial allocation of funds for the county under formula grant program as established by the Task Force prior to issuing the Request for Applications for the current fiscal year. In addition, the county is also 2 of 7 pages FY2011 Formula Grant RFA Due: October 29,2010 Task Force on Indigent Defense eligible to receive the unspent balance of the initial aIJocation of formula grant funds from the previous fiscal year as established by the Task Force prior to issuing the Request for Applications. A county that spent a portion of the formula grant funps in the preceding year and does not apply for a formula grant in the current fiscal year may submit receipts for direct disbursements. If it experiences indigent defense costs above its baseline year amount, such a county iSleligible to receive up to the amount of the initial allocation of funds for the county under formula grant program as established by the Task Force prior to issuing the Request for Applications. " The Task Force on Indigent Defense will budget up to two-thirds of the funds allocated to counties that do not apply for formula grant funds to the direct disbursement pool. Funds will be disbursed from the pool based on a county's compliance with the current year grant eligiHility requirements and written documentation that the , county has actually expended its baseline year amount in addition to the amount requested. All payments considered for reimbursement are subject to availability of funds. Applications with expense information for direct disbursement must be submitted on or before August 15,2011. The time period for calculating the direct disbursemerl't will be September 1, 2010 through August 15,2011. A ,I county that applied for formula grant funds in FY201 q may not include September 2010 in their FY20 11 direct disbursement submission. This change in time period for direct disbursement calculation will not affect the time period for the statutory Indigent Defense Expenditure Report. D. Notification This FYll Formula Grant - Request for Applications is sent to all 254 Texas Constitutional County Judges. A courtesy notice is mailed to all local administrative diJtrictjudges, local administrative statutory county judges and each county auditor (or treasurer where there is no auditor). The notice informs other county stakeholders to seek a copy of the grant RFA from the constitutional c:punty judge or to go to the Task Force website www.courts.state.tx.us/tfid to download a copy. The ~!,ask Force staff uses the contact information entered by county officials on its website; therefore, please makel~;ure that all contact information is updated and correct. Counties are required to maintain correct contact infOl}nation on the Task Force 'Grants and Reporting website (http://tfid.tamu.edu). The notice of grant availability is also published in the Texas Register. E. Application As a part of the Task Force's commitment to reducing the paperwork burdens on Texas counties, the grant application process is online. The application steps are: 1) Review the baseline (FYO 1) - The baseline is tpe amount counties must spend in indigent defense costs before they qualify for the Formula Grant. CO\:lnties that have received or applied for grants in previous years have already established a baseline with i,he Task Force. To meet the requirements under Texas GovemmentCode ~71.062(d), the Task Force pas adopted as an expenditure baseline of each county's FYO 1 indigent defense expenditures. Attorney fees, investigator expenses, expert witness expenses, and other litigation expenses paid by the county on ibehalf of indigent criminal defendants / juvenile respondents are allowable expenses. This information remains static unless a county requests an alternative baseline, as described below. a. The baseline amount is used for compaIHson to determine grant qualification for each year. ,I b. To qualify for grant funds each year, the county must spend an amount at least equivalent to the FYOI baseline. c. A county may apply (with documentati<m) to the grants administrator for an adjusted baseline if the county can demonstrate: 3 of 7 pages FY2011 Formula Grant RFA Due: October 29,2010 Task Force on Indigent Defense i. the baseline contained extraordinary expenses (major cases, capital cases, etc); or 11. the county's FYOI expenses were not reflective of normal county expenditures prior to the implementation of the Fair Defense Act. 2) All applications must be submitted online using the User ID and Password included in this mailing. Contact the Task Force Grant Administrator for instructions to obtain a waiver to the on-line application. 3) If a person other than the recipient of this letter needs to obtain a user name and password for the online application system, contact The Texas A&M University Public Policy Research Institute (PPRl) - [PPRI manages the collection, storage and retrieval of data for the Task Force]. County officials contact PPRI through e-mail (diohnsoncmppri.tamu.edu), fax (888-351-3485) or by regular mail: Darby Johnson, PPRI 314 H. C. Dulie Bell Building,T AMU, Mailstop 4476 College Station, Texas 77843-4476 PPRI will not provide user names and passwords over the phone. Individuals using personal e-mail accounts may be asked to provide additional information. a) Go to the PPRl Task Force website at http://tfid.tamu.edu b) Enter the User 10 and Password located on the:,cover letter in this mailing. 4) Apply on-line a. Sign in - The authorized official or designee logs in to the website using a unique username and password and selects "Apply for Formula Grant". A designee may actually perform the tasks if allowed by the authorized official. b. Select Year must be changed to FY20 II c. Review the eligibility requirements - Each year the Task Force adopts specific Indigent Defense Plan elements as eligibility requirements for the formula grant funds. These elements encourage each county's compliance with statutory requirements or policy and standards adopted by the Task Force. Regardless of the County's eligibility status, complete the on-line Formula Grant application. Contact the Task Force on Indigent Defense for instructions to meet grant eligibility requirements. d. Verify the county information and update if necessary- The authorized official reviews the data the Task Force has stored for the various county grant positions. (Note: Please remember to update the county contact information during the grant year as changes in officials or contact information occurs.) e. Identify the individuals in the following grant positions as required in Texas Administrative Code Rule 173.301. Make changes as needed. i. Authorized official - This person must be authorized to apply for, accept, decline, modify, or cancel the grant for the applicant county. A county judge or a designee authorized by the governing body in its resolution may serve as the authorized official. (Note: Some counties prefer to have a district or statutory county judge serve as authorized official since this grapt is related to judicial processes - this is acceptable). 11. Fiscal Officer - This person must be the county auditor or county treasurer if the county does not have a county auditor. 111. Program Director - This person must be the officer or employee responsible for program operation or monitoring or implementation of the indigent defense plan and who will serve as the point-of-contact regarding the program's day-to-day operations. (By rule this person cannot be the financial officer). 4 of7 pages FY2011 Formula Grant RFA Due: October 29, 2010 Task Force on Indigent Defense Use the "Change" Button - When the person listed is no longer authorized to perform the duties with the Task Force previously authorized by the county. It is also used to change contact information for any grant official. This situation usually arises when county officials turnover as a result of elections, retirements, or some other removal from office. " f. Select the "Submit" button. The page will become a confirmation page at that point. Select the Resolution link to create your county's',resolution. g. Print / download resolution - The system will allow the user to download a resolution in an MS Word document or provide an opportunity to print the document based on the selections above. h. Receive confirmation - The system will provide a confirmation page to the grant officials confirming that the application has been completed and informing them that the resolution must be adopted by the commissioner's court and then faxed to the Task Force. PLEASE PRINT THE CONFIRMATION PAGE. 5) Mail (postmarked) or fax the resolution adopted by commissioners' court by October 29, 2010 to the: Task Force on Indigent Defense Grant Administrator 205 W. 14th Street - Suite 600 PO Box 12066 Austin, Texas 78711 Fax (512) 475-3450 F. Review Approximately 30 days prior to the Task Force meeting in which Formula Grants shall be officially awarded, the Grant Administrator will review the application for completeness and notify counties via e-mail, fax, or mail whether any additions or corrections are required. G. Denial of Grant Counties not completing the grant application process or those not meeting minimum eligibility requirements will be notified by mail within 30 days following the Task Force award meeting. H. Authorization to Fund Texas Government Code Sec. 71.062. TECHNICAL SUPPORT; GRANTS (a) The Task Force on Indigent Defense shall: (I) provide technical support to: (A) assist counties in improving their iI1digent defense systems; and (B) promote compliance by counties with the requirements of state law relating to indigent defense; (2) direct the comptroller to distribute funds, including grants, to counties to provide indigent defense services in the county; and (3) monitor each county that receives a grant and enforce compliance by the county with the conditions of the grant, including enforcement by directing the comptroller to: (A) withdraw grant funds; or (B) require reimbursement of grant funds by the county. (b) The Task Force on Indigent Defense shall direct the comptroller to distribute funds as required by Subsection (a)(2) based on a county's compliance with standards developed by the task force and the county's demonstrated commitment to compliance with the requirements of state law relating to indigent defense. (c) The Task Force on Indigent Defense shall develop policies to ensure that funds under Subsection (a)(2) are allocated and distributed to counties in a fair manner. 5 of 7 pages FY2011 Formula Grant RFA Due: October 29,2010 Task Force on Indigent Defense (d) A county may not reduce the amount of funds provided for indigent defense services in the county because of funds provided by the Task Force on Indigent Defense under this section I. Use of Funds Funds must be used to improve indigent defense systems. Attorneys fees, investigator expenses, expert witness expenses, and other direct litigation costs that a county spends on behalf of a criminal defendant or juvenile respondent in a criminal matter that has been determined by a court of competent jurisdiction to be indigent are allowable expenses. All funds must be spent in compliance with the following: Texas Administrative Code, Title 1 Administration, Part 8 Texas Judicial Council, Chapter 173 Indigent Defense Grants; And Texas Uniform Grant Management Standards The Task Force on Indigent Defense website maintains links to electronic copies of these documents. Grant applicants/ recipients may contact the Task Force staff in writing for paper copies if no electronic means are available to secure the documents. J. Statement of Grant A ward Statements of Grant Awards will be prepared exactly as authorized by the Task Force. These may include special conditions. The fax cover page will be directed to the official designated in the resolution adopted by the commissioners' court. K. Special Conditions The Task Force may determine special conditions or authorize staff to apply the conditions on criteria set by the Task Force (T AC 173.201). The Task Force may develop special conditions that relate to expenditures, compliance with statutory requirements or standards adopted by the Task Force. L. Return of Signed Statements Authorized officials must sign and return Statements of Grant A wards via fax within 30 days from the date of the fax. Each grant award statement will be compared to the resolution to ensure the correct official as authorized by the commissioners' court resolution signed the Statement of Grant A ward. Counties that are unable to process the return of the Statement of Grant A ward in a timely fashion must submit a written request for an extension. M. Required Reports 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 g 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 alii 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 6fCourt Administration as required in Government Code g7I.035 I. The Countywide Plans must be submitted by November 1 sl of each odd numbered year in the form and manner prescribed by the Task Force. N. Payments Counties must have met all eligibility, spending, and grant condition requirements before receiving payments. Payments will be made quarterly for most counties. Some counties may have a special conditions related to 6 of 7 pages FY2011 Formula Grant RFA Due: October 29,2010 Task Force on Indigent Defense meeting minimum statutory spending requirements. These counties will receive funds only after a supplemental expenditure report establishes that they have spent the predetermined minimum amount stated in the special condition. No payment shall be made from grant funds to a county until all special conditions have been met unless the special condition adopted by the Task Force provides :~n alternative payment schedule or instructions for payment. Task Force staff shall maintain documentatibn through electronic/paper files or correspondence to the county stating how the special condition was met. O. Maintain Official Contact Infbrmation II All counties must maintain the grant and plan official~ contact information on counties' home page set up at http://tfid.tamu.edu. Counties must advise the Task Fdrce of changes in the authorized ot1icial, program director, tinancial ot1icer, local administrative districtdudge, local statutory county judge and county judge by updating this website contact information. This inforn}ation will be used to provide notices for grant or plan submission information. The Task Force statT will use: e-mail whenever possible to notify counties of required reports and funding opportunities. P. Compliance with Monitoring'i Reports !1 A county must respond within the required time, takeicorrective action for findings of non-compliance, and satisfactorily address all recommendations in a Task ~,orce fiscal or policy monitoring report. Failure to comply with any of these requirements could result in the Task Force imposing a remedy under T AC 173.307 or Texas Government Code 971.062. Q. Countywide Plan Requirements The Countywide Plans submitted must be in complia~Fe with applicable statutes and rules and must meet the minimum requirements for each plan section asoutlinfd in the Countywide Plan Submission Instructions. R. OCA Reporting The applicants' county and district clerks must be incpmpliance with reporting requirements promulgated by the Texas Judicial Council. The district clerks and co~nty clerks must submit their monthly court activity reports to OCA electronically. S. Impact of Multi-year Discretipnary Grant Counties that receive multi-year discretionary grants from the Task Force are encouraged to continue to apply for the Formula Grant. Formula Grant payments will ~e made as scheduled. The county will submit its annual Indigent Defense Expenditure Report on or before Noyember 1 of each year. If the multi-year program awarded Task Force Funding creates an overall reduction of the county's indigent defense expenses below the baseline, then the Task Force may require that all or a portion of the formula grant be returned. Regional programs are exempt from this requirement. T. Impact of Multi-year Discretionary Regional Sustainability Grants II Counties that participate in or receive multi-year regional or sustainability discretionary grants from the Task Force are encouraged to continue to apply for the Forrpula Grant. Formula Grant payments will be made as scheduled. Such counties may use their formula grantito maintain the discretionary grant payments to the administrative county. The county will submit its annual Indigent Defense Expenditure Report on or before November 1 of each year. 7 of 7 pages FY2011 Formula Grant RFA Due: October 29,2010 COUNTY REPORTS: County Clerk, JP 1, 2, 3, 4 and JP 5 presented their monthly reports for the month of August 2010 and after reading and verifying same, a Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to accept said reports as presented. Commi~sioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. . .c. to ANITA FRICKE .:tOlJrn:Y;CL:ERK MONTHLY REPORT'RECAPITULATION r, OFFICE FUND !I. AUGUST.2010 ~ CIVIL FUNDS County Fees County Clerk's Fees Recording Probate Civil Total County Clerk's Fees Judge's Fees Probate Civil Total Judge's Fees Probate Fees (Education Fees) Sheriffs Fees Jury Fees Law Library Fees Beer Licenses Appellate Fund (TGC) Court Reporter Fees Civil Indigent Fees Record Management Fees (County Clerk) Record Management Fees (County) Security Fees (County) Bond Forfeitures Subtotal County Fees $12,954.76 242.00 360.00 22.00 45.00 State Fees Judicial Funds (CV$738.00 + PR$492.oo) Marriage License Fees Birth Certificate Fees Total State Fees SUBTOTAL Overpmt of Filing Fees to be Refunded by Co. Clk. TOTAL CIVIL FUNDS COLLECTED $13,556.76 67.00 ,,30.00 325.00 0.00 525.00 0.00 ,,75.00 225.00 85.00 1,980.00 90.00 $22.00 . 0.00 $17,480.76 1,230.00 1!330.00 136.80 1 ,696.80 $19,177.56 $19,177.56 0.00 $19,177.56 CRIMINAL FUNDS Total Criminal Court Costs & Fines & Pre-Trial Diversion TOTAL FUNDS RECEIVED (As per AC~ ,Report) Bank Interest Earned $10,042.69 $29,220.25 Less Refunds for Overpayment of Filing Fees TOTAL FUNDS RECEIVED $29,220.25 0.00 ADJUSTED FUNDS RECEIVED $29,220.25 Plus Re-Deposit of NSF ChecksJ(Not recorded in ACS) Less NSF Checks (Not recorded!in ACS) Co. Clerk Check (72.00) AMOUNT DUE COUNTY TREASURER 1$29,148.25 I ~ ". ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION (con't) OFFICE FUND - AUGUST 2010 DISBURSEMENTS CK# Pavable To Descriotion Amount $0.00 $0.00 TOTAL DISBURSEMENTS $0.00 CASH ON HAND. OFFICE FUND Beginning Book Balance Funds Received Disbursements Plus Redeposit of NSF Checks Less NSF Checks Ending Book Balance $0.00 BANK RECONCILIATION. OFFICE FUND Ending Bank Balance Outstanding Deposits"" Outstanding Checks"" Plus other Items"" Less Other Items"" Reconciled Bank Balance $0.00 . -.. -.. -.. -..- ..-.. -.. - ..--.. -.. -.. -- -- ..-..-..----..-..----..----.. -..- CASH ON HAND TRUST FUND Beginning Book Balance Funds Received Disbursements Ending Book Balance $21,851.63 2,730.81 (2,701.46) $21 ,880.98 BANK RECONCILIATION TRUST FUND Ending Bank Balance Outstanding Deposits"" Outstanding Checks"" Reconciled Bank Balance $21,880.98 0.00 0.00 $21,880.98 ""See Attached ~~~ SUBMITTED BY: Anita Fricke, County Clerk ~-~ ; .......... . '."- ..'...-".....".................,.,..,'.,.,......,:,.. .. ,-.... . . ,...........-.. ... ,-.'- ....:.....,'''.."..,.. ''';,"',,-'-,,-,','''-, ..',: ., .. ".. ........ ..", .....' .... ..... -,. ."..... . .....:::..,..;."...."'.',...."..".........''',,..:..: TREASURERS,RECEIPTS..j:6R\ Q~.~.!"l..1.9!"l.~c:.1S9;:!M..q;~::~9.fl,!=qFTI ". '. . ....,.. "" "iOTAL:TREA , " \ . MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS ~ 9/1/2010 COURT NAME: JUSTICE OF PEACE NO.1 'I MONTH OF REPORT: AUGUST YEAR OF REPORT: 2010 " ACCOUNT NUMBER ACCOUNT NAME AMOUNT CR 1000-001-45011 FINES 3,674.30 CR 1000-001-44190 SHERIFF'S FEES 410.91 A DMINISTRA T1VE FEES: DEFENSIVE DRIVING 19.80 CHILD SAFETY 0.00 TRAFFIC 96.77 ADMINISTRATIVE FEES 604.50 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 CR 1000-001-44361 TOTAL ADMINISTRATIVE FEES 721.07 CR 1000-001-44010 CONSTABLE FEES-SERVICE 75.00 CR 1000-001-44061 JP FILING FEES 25.00 CR 1000-001-44090 COPIES / CERTIFIED COPIES 0.00 CR 1000-001-49110 OVERPAYMENTS (LESS THAN $10) 0.00 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-SEATBEL T 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 406.50 TOTAL FINES, ADMIN. FEES & DUE TO STATE $5,312.78 CR 2670-001-44061 COURTHOUSE SECURITY FUND $156.81 CR 2720-001-44061 JUSTICE COURT SECURITY FUND $38.45 CR 2719-001-44061 JUSTICE COURT TECHNOLOGY FUND $157.81 STA TE ARREST FEES DPS FEES 58.11 P&W FEES 0.00 T ABC FEES 0.00 CR 7020-999-20740 TOTAL STATE ARREST FEES 58.11 CR 7070-999-20610 CCC-GENERAL FUND 157.80 CR 7070-999-20740 CCC-ST A TE 1,420.21 DR 7070-999-10010 1,578.01 CR 7860-999-20610 STF/SUBC-GENERAL FUND 48.38 CR 7860-999-20740 STF/SUBC-ST A TE 919.21 DR 7860-999-10010 967.59 CR 7950-999-20610 TP-GENERAL FUND 132.06 CR 7950-999-20740 TP-ST A TE 132.06 DR 7950-999-10010 264.12 CR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 0.30 CR 7480-999-20740 CIVIL INDIGENT LEGAL-STATE 5.70 , ,', DR 7480-999-10010 6.00 Pa,ge 1 of 2 MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS 9/1/2010 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 9/17/09 COURT NAME: JUSTICE OF PEACE NO.1 MONTH OF REPORT: AUGUST YEAR OF REPORT: 2010 7.69 69.19 DR 7865-999-10010 CRIM-SUPP OF IND LEG SVCS-GEN FUND CRIM-SUPP OF IND LEG SVCS-STATE 76.88 TUFTA-GENERAL FUND 45.35 TUFTA-STATE 90.71 DR 7970-999-10010 136.06 JPAY - GENERAL FUND 36.00 JPAY - STATE 204.00 DR 7505-999-10010 240.00 JURY REIMB. FUND- GEN. FUND 11.54 JURY REIMB. FUND- STATE 103.81 DR 7857-999-10010 115.35 CIVIL JUSTICE DATA REPOS.- GEN FUND CIVIL JUSTICE DATA REPOS.- STATE 0.30 2.73 DR 7856-999-10010 3.03 TOTAL (Distrib Req to Oper Acct) $9,111.00 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISO DA - RESTITUTION REFUND OF OVERPAYMENTS OUT-OF-COUNTY SERVICE FEE CASH BONDS PARKS & WILDLIFE FINES WATER SAFETY FINES 0.00 55.00 0.00 0.00 0.00 0.00 0.00 $55.00 TOTAL DUE TO OTHERS TOTAL COLLECTED-ALL FUNDS LESS: TOTAL TREASUER'S RECEIPTS OVER/(SHORT) $9,166.00 $9,166.00 $0.00 Page 2 of2 , ~ ~ ENTER COURT NAME: ENTER MONTH OF REPORT ENTER YEAR OF REPORT CODE CASH.BONDS ADMINISTRATION FEE - ADMF BREATH ALCOHOL TESTING - BAT CONSOLIDATED COURT COSTS -CGC COURTHOUSE SECURITY - CHS . CJP CIVIL JUSTICE DATA REPOSITORY FEE. CJDR CORRECTIONAL MANAGEMENT INSTITUTE - GMI ,. .. , CR CHILD SAFETY - CS CHIL!D SEATBELT FEE cCSBF . CRIME VICTIMS COMPENSATION - CVC OPSCIFAILURE TO APPEAR - OMNI - DPSC FUGITIVE APPREHENSION - FA GENERAL REVENUE ~ GR CRIM . IND LEGAL SVCS SUPPORT - IDF JUVENILE CRIME & DELINQUENCY - JCD JUSTICE COURT PERSONNEL TRAINING - JCPT JUSTICE COURT SECURITY FUND- JCSF JUROR SERVICE FEE - JSF LOCAL ARREST FEES - LAF LEMI LEOA LEOC OCL PARKS & WILDLIFE ARREST FEES - PWAF STATE ARRE;ST FE;ES ~ SAF SCHOOL CROSSINGICHILD SAFETY FEE - SCF SUBTITLE C . SUBC TASC ARREST FEES -lAF TECHNOLOGY FUND -.TF " TRAFF'IC - TF'C TIME PAYMENT. TIME LOCAL&. STATE WARRANT FEES - WRNT COLLECTION SERVICE FEE-MVBA - CSRV DEFENSIVE DRIVING COURSE - DDC DEFERRED FEE - DFF DRIVING EXAM FEE-PROVDL FILING FEE - FFEE . FILING FEE SMALL CLAIMS. FFSC COPIESICERTIFED COPIES - CC INDIGENT FEE, CIFF or INpF JUDGE PAY RAISE FEE - JPAY SERVICE FEE; - SFE;E , OUT-OF-COUNTY SERVICE FEE EXPUNGE;Iv1ENT FEE - EXPG EXPIRED RENEWAL- EXPR ABSTRACT OF JUDGEMENT - AOJ ALL WRITS: WOF> I WOE DPS FTA FINE- D~SF LOCAL FINES- FINE LICENSE & WEIGHT FEE.S -LWF PARKS & WILDLIFE FINES- PWF SEATBEL TlUNRESTRAINED CHILD FINE - SEAT . OVERPAYMENT ($10 &. OVER)- OVER . OVERPAYMENT (LESS THAN $10) - OVER RESTITUTIOf\i - REST PARKS & WILDLIFE-WATER SAFETY FINES-WSF ., WCR TOTAL ACTUAL MONEY RECEIVED tyPE: TOTAL WARRANT FEES EtHER lOCAlWARRANTFEESI STATE WARRANT FEES .'. .. ',. DUE TO OTHERS: DUE TO CCISD - 50% of Fine on JV cases DUE TO DA RESTITUTION FUND REFUND OF OVERPAYMENTS OUT-OF-COUNTY SERVICE FEE CASH BQNDS TREASURERS RECEIPTS FOR MONTH: CASH, CHECKS, M.O.s & CREDIT CARDS "'" TOTAL TREAS. RECEIpTS ~ ....~~ Revised 9117109 2.43 4.18 125.55 610.54 41.85 89.25 4.18 16.76 51.13 153.83 ,11100.82 :1 11' 15.00 129.75 852.22 237.94 88.14 :1 329.57 1,217.56 2,286.50 49.50 '.179.90 ~ : 125.00 30.00 291.77 300.00 , 7,589.20 334.00 II I 5.00 74.67 II $17;755.17 AMOUNT 1 ;217.56 , 1424.36 I~ECORDo;rn,TAL PAGE'Or~ILLCOUNTRY SOFTWAROO'REPORi-- ',. $793.20 '!RECORD ON. TOTAL PAGE OF HILL COUNTRY SOFTWARE MO. REPORT ""~ml!:ii::,",:q;:':II!'!IIII""''''lIIhlll.~>irl''.;II'''''''~"''"'''";':'U'U","~'''''''H'''''''';'';;'''';",","1I41'''''III'''',"I,":M''''''''''''''''~''_:'"""'''"'~''''~~'''4111'''''''' ~___........_._..........-.k",_A____'''''..,.'''m'"'~_'' .~ ,.' .~n._. ..,.__.,A~'_"'^ PLEASE INCLUDE P. O. REQUESTING DISBURSEMENT PLEASE INCLUDE P. O. REQUESTING DISBURSEMENT PLEASE INCLUDE P. O. REQUESTING DISBURSEMENT PLEASE INCLUDE P. O. REQUESTING DISBURSEMENT PLEASE INCLUDE P. O. REQUESTING DISBURSEMENT (IF REQUIRED) .....~_""II>"..."liI"'."_"_~,,,,:__-"'""',."""..""',..,,;'"""''',., ".--..",.~"",......~"_._._"",,,,,,"- -' ~ MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS I 9/1/2010 COURT NAME: JUSTICE OF PEACE NO.2 MONTH OF REPOfH: AUGUST YEAR OF REPORT: 2010 ACCOUNT NUMBER ACCOUNT NAME AMOUNT CR 1000-001-45012 FINES 7,639.30 CR 1000-001-44190 SHERIFF'S FEES 1,275.54 ADMINISTRA T1VE FEES: DEFENSIVE DRIVING 49.50 CHILD SAFETY 0.00 TRAFFIC 88.14 ADMINISTRATIVE FEES 179.90 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 .CR 1000-001-44362 TOTAL ADMINISTRATIVE FEES 317.54 CR 1000-001-44010 CONSTABLE FEES-SERVICE 300.00 CR 1000-001-44062 JP FILING FEES 125.00 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 SEATBELT FEE 0.00 CR 1000-999-20746 DUE TO STATE-OVERWEIGHT FINES 0.00 CR 1000-999-20770 DUE TO JP COLLECTIONS ATTORNEY 2,286.50 TOTAL FINES, ADMIN. FEES & DUE TO STATE $11,948.88 CR 2670-001-44062 COURTHOUSE SECURITY FUND $229.08 CR 2720-001-44062 JUSTICE COURT SECURITY FUND $51.13 CR 2719-001-44062 JUSTICE COURT TECHNOLOGY FUND $237.94 STATE ARREST FEES DPS FEES 184.59 P&W FEES 3.00 T ABC FEES 0.00 CR 7020-999-20740 TOTAL STATE ARREST FEES 187.59 CR 7070-999-20610 CCC-GENERAL FUND 238.23 CR 7070-999-20740 CCC-ST ATE 2,144.14 DR 7070-999-10010 2,382.37 CR 7860-999-20610 STF/SUBC-GENERAL FUND 42.61 CR 7860-999-20740 STF/SUBC-STATE 809.61 DR 7860-999-10010 852.22 CR 7950-999-20610 TP-GENERAL FUND 164.79 CR 7950-999-20740 TP-ST A TE 164.78 DR 7950-999-10010 329.57 CR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 1.50 CR 7480-999-20740 CIVIL INDIGENT LEGAL-STATE 28.50 DR 7480-999-10010 30.00 Page 1 of 2 r" --:;. ~ MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS 9/1/2010 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 9/17/09 COURT NAME: JUSTICE OF PEACE NO.2 MONTH OF REPOFU: AUGUST YEAR OF REPORT: 2010 DR 7865-999-10010 CRIM-SUPP OF IND LEG SVCS-GEN FUND CRIM-SUPP OF IND LEG SVCS-STATE 89.25 TUFTA-GENERAL FUND 203.51 TUFTA-STATE 407.03 8.93 80.32 DR 7970-999-10010 610.54 JPAY - GENERAL FUND 43.77 JPAY - STATE 248.00 DR 7505-999-10010 291.77 JURY REIMB. FUND- GEN. FUND 15.38 JURY REIMB. FUND- STATE 138.45 DR 7857-999-10010 DR 7856-999-10010 153.83 CIVIL JUSTICE DATA REPOS.- GEN FUND CIVIL JUSTICE DATA REPOS.- STATE 2.43 0.24 2.19 TOTAL (Distrib Req to Oper Acct) $17,396.60 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 74.67 0.00 0.00 0.00 283.90 0.00 $358.57 TOTAL DUE TO OTHERS TOTAL COLLECTED-ALL FUNDS $17,755.17 LESS: TOTAL TREASUER'S RECEIPTS $17,755.17 OVER/(SHORT) $0.00 Pag~ 2 of 2 . J .;;t II II 08/31/2010 . . J/ 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 COST FEES FEES FEES FEES FEES FEES FEES FEES FINE FINE FINE REST CCC CHS CJDD CMI CVC DPSC FA IDF JCD JCPT JCSF JPAY JSF LAF PWAF SAF SUBC TF TFC TIME WRNT CIFF CSRV ". CVFF DOC OFF EXRF FFEE SF DPSF FINE PIlF REST 15 15 8 2 2 5 2 13 2 2 13 13 13 6 1 6 10 15 10 5 5 4 4 1 3 1 2 3 3 2 7 .' 1 1 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 TEXAS PARKS & WILDLIFE DPS SUBTITLE C TECHNOLOGY FUND TFC TIME PAYMENT FEE WARRANT FEE CIVIL INDIGENT FILING FEE COLLECTION SERVICE FEE CIVAL FILING FEE DEFENSIVE DRIVING DEFERRED FEE EXPIRATION RENEWAL FEE FILING FEE SERVICE FEE DPS FTA FINE FINE PARKS & WILDLIFE FINE REST nUT I ON The following totals represent - Transfers Collected Money Totals 22 COST CCC COST CHS COST CJDD COST CMI COST CVC COST DPSC COST FA COST IDF COST 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 o o o o o o o o o Retained 50.97 53.58 0.07 0.10 3.00 49.50 1.00 2.38 0.10 0.40 11.89 10.71 3.57 24.46 4.00 24.00 13.34 55.58 26.68 48.66 300.00 1.20 440.10 25.00 29.70 141. 90 30.00 75.00 225.00 590.00 944.40 11.25 48.48 3,246.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Page 3 Disbursed Money-Totals 458.77 0.00 0.62 0.90 27.00 100.50 9.00 21.41 0.90 3.60 0.00 60.66 32.11 0.00 1.00 6.00 253.47 0.00 0.00 48.67 0.00 22.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 63.75 0.00 1,111.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 509.74 53.58 0.69 1.00 30.00 150.00 10.00 23.79 1.00 4.00 11.89 71.37 35.68 24.46 5.00 30.00 266.81 55.58 26.68 97.33 300.00 24.00 440. 10 25.00 29.70 141.90 30.00 75.00 225.00 590.00 944.40 75.00 48.48 4,357.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 '" ~ Ii 08/31/2010 Money Distribution Report JUDGE GARY W. NOSKA JP3 AUGUST 2010 MONTHLY REPORT The following totals represent - Transfers Collected Type Code Description COST JCPT COST JCSF COST JPAY COST JSF COST LAF COST PWAF COST 'SAF COST SUBC COST TF COST HC COST TIME COST WRNT FEES CI FF FEES CSRV FEES CVFF FEES DOC FEES OFF FEES EXRF FEES FFEE FEES SF FINE DPSF FINE FINE FINE PWF REST REST Count JUDICIAL AND COURT PERSONNEL TRAINING JUSTICE COURT SECURITY FUND JPAY DISTRICT JUDGE PAY RAISE FEE JUROR SERVICE FUND SHERIFF'S FEE TEXAS PARKS & WILDLIFE DPS SUBTITLE C TECHNOLOGY FUND HC TIME PAYMENT FEE WARRANT FEE CIVIL INDIGENT FILING FEE COLLECTION SERVICE FEE CIVAL FILING FEE DEFENSIVE DRIVING DEFERRED FEE EXPIRATION RENEWAL FEE F I LING FEE SERVICE FEE DPS FTA FINE FINE PARKS & WILDLIFE FINE RESTITUTION 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 The following totals represent - Jail Credit and Community Service o COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST CCC CHS CJDD CMI evc DPSC FA IDF JCD JCPT JCSF JPAY JSF LAF PWAF SAF SUBC H HC TIME 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 TEXAS PARKS & WILDLIFE DPS SUBTITLE C TECHNOLOGY FUND HC TIME PAYMENT FEE 2 2 2 o o o o 2 o o 2 2 2 o o 2 2 2 2 1 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 7.02 7.03 0.02 0.00 0.00 0.00 0.00 0.35 0.00 0.00 1.76 1.58 0.52 0.00 0.00 7.02 2.63 7.03 5.27 9.45 Page 4 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 63.23 0.00 0.16 0.00 0.00 0.00 0.00 3.16 0.00 0.00 0.00 8.96 4.73 0.00 0.00 1. 76 50.06 0.00 0.00 9.46 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 70.25 7.03 0.18 0.00 0.00 0.00 0.00 3.51 0.00 0.00 1.76 10.54 5.25 0.00 0.00 8.78 52.69 7.03 5.27 18.91 'l 08/31/2010 Money Distribution Report Page 5 JUDGE GARY W. NOSKA JP3 AUGUST 2010 MONTHLY REPORT -------------------------------------------------~----------------------------------------.----------------------------------------- The following totals represent - Jail Credit and Community Service Type Code Description Count Retained Disbursed Money-Totals 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 DFF DEFERRED FEE 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES FFEE FILING 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 4 463.80 0.00 463.80 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 REST REST RESTITUTION 0 0.00 0.00 0.00 Credit Totals 4 513.48 141.52 655.00 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 JUSTI CE COURT SECUR!TY 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 PWAF TEXAS PARKS & WILDLIFE 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 DFF DEFERRED FEE 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES FFEE FILING 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 ii ii 08/31/2010 Money Distribution Report Page 6 JUDGE GARY W. NOSKA JP3 AUGUST 2010 MONTHLY REPORT ------------------------------------------------------------.----------------------------------------------------------------------- The following totals represent - Credit Card Payments Type Code Description Count Retained Disbursed Money-Totals FINE 'PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 REST REST REST ITUT I ON 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 17 58.00 521.99 579.99 COST CHS COURTHOUSE SECURITY 17 60.61 0.00 60.61 COST CJDD CIVIL JUSTICE DATA DEPOSITORY FEE 10 0.09 0.78 0.87 COST CMI CORRECTIONAL MANAGEMENT INSTITUTE 2 0.10 0.90 1.00 COST CVC COMPENSATION TO VICTIMS OF CRIME 2 3.00 27.00 30.00 COST DPSC OMNI 5 49.50 100.50 150.00 COST FA FUGITIVE APPREHENSION 2 1.00 9.00 10.00 COST IDF INDIGENT DEFENSE FUND 15 2.73 24.57 27.30 COST JCD JUVENILE CRIME AND DELINQUENCY 2 0.10 0.90 1.00 COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING 2 0.40 3.60 4.00 COST JCSF JUSTICE COURT SECURITY FUND 15 13.65 0.00 13.65 COST JPAY JPAY DISTRICT JUDGE PAY RAISE FEE 15 12.29 69.62 81.91 COST JSF JUROR SERVICE FUND 15 4.09 36.84 40.93 COST LAF SHERIFF'S FEE 6 24.46 0.00 24.46 COST PWAF TEXAS PARKS & WILDLIFE 1 4.00 1.00 5.00 COST SAF DPS 8 31.02 7.76 38.78 COST SUBC SUBTITLE C 12 15.97 303.53 319.50 COST TF TECHNOLOGY FUND 17 62.61 0.00 62.61 COST TFC TFC 12 31. 95 0.00 31. 95 COST TIME TIME PAYMENT FEE 6 58.12 58.12 116.24 COST WRNT WARRANT FEE 5 300.00 0.00 300.00 FEES CIFF CIVIL INDIGENT FILING FEE 4 1.20 22.80 24.00 FEES CSRV COLLECTION SERVICE FEE 4 440. 10 0.00 440.10 FEES CVFF CIVAL FILING FEE 1 25.00 0.00 25.00 FEES DOC DEFENSIVE DRIVING 3 29.70 0.00 29.70 FEES OFF DEFERRED FEE 1 141.90 0.00 141.90 FEES EXRF EXPIRATION RENEWAL FEE 2 30.00 0.00 30.00 FEES FFEE FILING FEE 3 75.00 0.00 75.00 FEES SF SERVICE FEE 3 225.00 0.00 225.00 FINE DPSF DPS FTA FINE 2 590.00 0.00 590.00 FINE FINE FINE 11 1,408.20 0.00 1,408.20 FINE PWF PARKS & WILDLIFE FINE 1 11.25 63.75 75.00 REST REST REST ITUTI ON 1 48.48 0.00 48.48 Report Totals 26 3,759.52 1,252.66 5,012.18 08/31/2010 Money Distribution Report Page 7 JUDGE GARY W. NOSKA JP3 AUGUST 2010 MONTHLY REPORT ---------------------------------------------------------------------.-.------------------------------------------------------------ DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS RESTITUTION OTHER TOTAL 00-00"0000 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & 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 1,609.40 1,708.60 990.70 0.00 48.48 0.00 4,357.18 Jail Credits & Comm Service 463.80 191. 20 0.00 0.00 0.00 0.00 655.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 2,073.20 1,899.80 990.70 0.00 48.48 0.00 5,012.18 TOTALS Cash & Checks Collected 1,609.40 1,708.60 990.70 0.00 48.48 0.00 4,357.18 Jail Credits & Comm Service 463.80 191.20 0.00 0.00 0.00 0.00 655.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 2,073.20 1,899.80 990.70 0.00 48.48 0.00 5,012.18 .... Ii 'I 08/31}2010 Money Distribution Report JUDGE GARY Y. NOSKA JP3 AUGUST 2010 MONTHLY REPORT DATE PAYMENT-TYPE State of Texas Quarterly Reporting Totals Descripti on 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 Section II: As Applicable Peace Officer Fees Failure to Appear/Pay Fees Judicial Fund - Const County Court Judicial Fund - Statutory County Court Motor Carrier Yeight Violations Time Payment Fees Driving Record Fee Judicial Support Fee Report Sub Total 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 Total Due For This Period ~j1 . FINES COURT-COSTS Count 25 o o o o o o o o o o 13 13 8 10 7 5 o o o 5 o 13 99 o o o o o 4 o o o o o o o o o o 4 103 FEES BONDS RESTITUTION Collected Retained 555.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 35.68 23.79 0.69 266.81 55.57 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.57 2.38 0.07 13.34 35.00 150.00 0.00 0.00 0.00 97.33 0.00 71.37 1,236.41 28.00 49.50 0.00 0.00 0.00 48.66 0.00 10.71 211.80 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 1,260.41 213.00 Disbursed 500.17 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 32.11 21.41 0.62 253.47 7.00 100.50 0.00 0.00 0.00 48.67 0.00 60.66 1,024.61 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 1,047.41 Page 8 OTHER TOTAL Ii..l.. ..- .f ENTER ,COURT 'N~ME:",~ ,'~, ' ENTER MONTH 'OF~REPORT E~TER YEAR OF, REPORT '~~~tI ,.\, ,II '-_il '!, MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS :i i~ 9/1/2010 COURT NA""E: JUSTICE OF PEACE NO.4 MONTH OF REPORT: AUGUST YEAR OF REPORT: 2010 ACCOUNT NUMBER ACCOUNT NAME AMOUNT CR 1 000-001-45014 FINES 1,482.10 CR 1000-001-44190 SHERIFF'S FEES 218.99 ADMINISTRA TIVE FEES: DEFENSIVE DRIVING 0.00 CHILD SAFETY 0.00 TRAFFIC 39.00 ADMINISTRATIVE FEES 863.80 EXPUNGEMENT FEES 0.00 MISCELLANEOUS 0.00 CR 1000-001-44364 TOTAL ADMINISTRATIVE FEES 902.80 , CR 1 000-001-4401 0 CONSTABLE FEES-SERVICE 0.00 CR 1000-001-44064 JP FILING FEES 0.00 1 CR 1 000-001-44090 COPIES / CERTIFIED COPIES 0.00 CR 1000-001-49110 OVERPAYMENTS (LESS THAN $10) 0.00 CR 1 000-001-44145 SCHOOL CROSSING/CHILD SAFETY FEE 0.00 CR 1 000-999-20741 DUE TO STATE-DRIVING EXAM FEE 0.00 CR 1000-999-20744 DUE TO STATE-SEATBEL T FINES 0.00 CR 1000-999-20745 DUE TO STATE-CHILD SEATBELT FEE 0.00 CR 1000-999-20746 DUE TO STATE-OVERWEIGHT FINES 0.00 CR 1000-999-20770 DUE TO JP COLLECTIONS ATTORNEY 85.50 TOTAL FINES, ADMIN. FEES & DUE TO STATE $2,689.39 CR 2670-001-44064 COURTHOUSE SECURITY FUND $66.49 CR 2720-001-44064 JUSTICE COURT SECURITY FUND $16.62 CR 2719-001-44064 JUSTICE COURT TECHNOLOGY FUND $66.49 STATE ARREST FEES DPS FEES 45.22 P&W FEES 0.00 T ABC FEES 0.00 CR 7020-999-20740 TOTAL STATE ARREST FEES 45.22 CR 7070-999-20610 CCC-GENERAL FUND 66.49 CR 7070-999-20740 CCC-ST ATE 598.38 DR 7070-999-10010 664.87 CR 7860-999-20610 STF/SUBC-GENERAL FUND 19.50 CR 7860-999-20740 STF/SUBC-STATE 370.50 DR 7860-999-10010 390.00 CR 7950-999-20610 TP-GENERAL FUND 57.78 CR 7950-999-20740 TP-ST ATE 57.77 DR 7950-999-10010 115.55 CR 7480-999-20610 CIVIL INDIGENT LEGAL-GEN. FUND 0.00 CR 7480-999-20740 CIVIL INDIGENT LEGAL-STATE 0.00 DR 7480-999-10010 0.00 Page 1 of 2 ,l 'I MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS 9/1/2010 COURT NAME: JUSTICE OF PEACE NO.4 MONTH OF REPORT: AUGUST YEAR OF REPO.RT: 2010 !l CR 7865-999-20610 CRIM-SUPP OF IND LEG SVCS-GEN FUND 3.32 CR 7865-999-20740 CRIM-SUPP OF IND LEG SVCS-STATE 29.92 DR 7865-999-10010 33.24 CR 7970-999-20610 TUFTA-GENERAL FUND 16.22 CR 7970-999-20740 TUFT A-STATE 32.44 DR 7970-999-10010 48.66 CR 7505-999-20610 JPAY-GENERALFUND 16.20 CR 7505-999-20740 JPAY - STATE 91.80 DR 7505-999-10010 108.00 CR 7857-999-20610 JURY REIMB. FUND- GEN. FUND 4.99 CR 7857-999-20740 JURY REIMB. FUND- STATE 44.88 DR 7857-999-10010 49.87 CR 7856-999-20610 CIVIL JUSTICE DATA REPOS.- GEN FUND 0.12 CR 7856-999-20740 CIVIL JUSTICE DATA REPOS.- STATE 1.08 DR 7856-999-10010 1.20 , TOTAL (Distrib Req to Oper Acct) $4,295.60 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD 0.00 DA - RESTITUTION 0.00 REFUND OF OVERPAYMENTS 0.00 OUT-OF-COUNTY SERVICE FEE 0.00 CASH BONDS 0.00 PARKS & WILDLIFE FINES 0.00 WATER SAFETY FINES 0.00 TOTAL DUE TO OTHERS $0.00 TOTAL COLLECTED-ALL FUNDS $4,295.60 \ LESS: TOTAL TREASUER'S RECEIPTS $4,295.60 Revised 9/17/09 OVER/(SHORT) $0.00 Page 2 of2 ~ .' 09/01/2010 Money Distribution Report Page ...........------------------------- ------....----- --------..._--- ------------- -----_._------ ----------.-- ------------- ----------- Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total 3928469 2010-248 08-02-2010 FINE 64.00 JPAY 6.00 70.00 ALFORD, CHRISTINA BRITTANY Money Order 3928470 2010-281 08-02-2010 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 180.00 ORSAK, KEVIN WA;YNE JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 FINE 81. 90 JPAY 6.00 Cash Ii, 3928471 2010-065 08-03-2010 WRNT 50.00 PWF 19.00 JPAY 6.00 75.00 " DEAN, ROBERT JOHN Jail Credit 3928472 2010-087 08-03-2010 CCC 40.00 CHS 4.00 PWAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 475.00 " DEAN, ROBERT JOHN JCSF 1.00 JSF 3.00 IDF 2.00 PWF 335.00 JPAY 6.00 Jail Credit 3928413 2010-095 08-03-2010 CCC 40.00 CHS 4.00: PWAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 575.00 DEAN, ROBERT JOHN JCSF 1.00 JSF 3.00 IDF 2.00 PWF 435.00 JPAY 6.00 Jail Credit 3928474 2010060019. 08-03-2010 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 120.00 URESTE, SHARON 'I IDF 2.00 FINE 61.00 S/O Personal Check 3928475 2010060019 08-03-2010 FINE 94.00 JPAY 6.00 100.00 URESTE, SHARON Jail Credit 3928476 2009-598 08-03-2010 WRNT 50.00 TIME 25.00 FINE 14.00 CSRV 28.50 JPAY 6.00 123.50 MARTINEZ, DOLORES JR Jail Credit 3928477 39463 08-03-2010 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 100.00 CARTER, JOHNATHAN FORD IDF 2.00 FINE 41.00 Jail Credi t 392847:8 39463 08-03-2010 FINE 219.00 JPAY 6.00 225.00 Ii CARTER, JOHNATHAN FORD S/O Personal Check 3928479 2010060018 08-03-2010 CCC 40.00 CHS 4.00 i LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 100.00 CARTER, JOHNATHAN FORD IDF 2.00 FINE 41.00 Jail Credit 3928480 2010060018 08-03-2010 FINE 114.00 JPAY 6.00 120.00 C~RTER, JOHNATHAN FORD S/O :: Personal Check 3928481 2010060023 08-03-2010 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 310.00 BROWN, CHARLES WADE IDF 2.00 FINE 245.00 JPAY 6.00 Jail Credit 3928482 2009-197 08-04-2010 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 WRNT 50.00 TIME 25.00 370.50 HICKS, TERRY GLENN JR TF 4.00 SUBC 30.00 DPSC 30.00 JCSF 1.00 JSF 3.00 IDF 2.00 MVBA Personal Check FINE 82.00 CSRV 85.50 JPAY 6.00 3928483 2010-229 08-04-2010 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 298.10 SOSA-DONIS, EDWIN JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 FINE 115.00 DFF 85.00 Money Order JPAY 6.00 3928484 2010-260 08-04-2010 FINE 44.00 JPAY 6.00 50.00 SOLIS, KRYSTAL LENEE Money Order 3928485 2010-258 08-05-2010 CCC 40.00 CHS 4.001 SAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 115.00 GALEANA, MARGARITA LISSETT IDF 2.00 FINE 50.00 JPAY 6.00 Comm Service 3928486 2010-277 08-05-2010 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TIME 25.00 TF 4.00 185.00 PEGRAM, JAMES MILTON SUBC 30.00 JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 FINE 61. 90 Money Order JPAY 6.00 09/01/2010 Receipt Cause/Defendant 3928487 2010-165 AGUILAR, MARIA 08-09-2010 ISABEL Money Order 08-09-2010 3928488 2010-106 MANES, SLADE LANDRY Money Order 3928489 2010-270 08-11-2010 CHAMBERS, MARGARET A Credit Card 3928490 2010-103 08-16-2010 DUBOSE, SAMUEL LAVOYD Cash 3928491 2010-252 08-16-2010 JANUARY, JASON DALE Cash 3928492 2010-286 08-17-2010 ,. MOORE, RHONDA CECELIA Money Order 08-17-2010 3928493 2010-298 TERRY, TOO WILSON Cashier's Check 08-17-2010 3928494 2010-196 ,. GUERRA, ROGELIO JR. Money Order 08-18-2010 3928495 2009-513 ESTRADA, JOSE A 3928496 2009-512A ,I ESTRADA, JOSE A Jai l Credi t 08-18-2010 Jail Credi t 08-19-2010 3928497 2010080056 HARTMAN, JAMIE RENNE Jail Credit 08-19-2010 3928498 2010080034 BROWN, CHARLES WADE Jail Credit 39284~9 2010-285 08-24-2010 JOHNSON, JAMES STEPHEN Credit Card 3928500 2010-305 08-25-2010 HERRERA, PERCILLIA PEREZ Cash 3928501 2010-252 08-25-2010 JANUARY, JASON DALE Cash 3928502 2010-317 08-26-2010 RIVERA, JOHN ANTHONY Cash 3928503 2010-288 08-26-2010 WILLIAMS, KAITLYNN CHERRIE Money Order 3928504 2010-297 08-30-2010 MARTIN, JASON JOEL Cashier's Check Code Amount WRNT 50.00 CCC 40.00 IDF 2.00 TFC 3.00 JCSF 1.00 CCC 24.87 DPSC 18.66 TFC TF TFC JCSF JPAY TFC JCSF TFC JCSF TFC TF CJDR CCC JCSF 1.80 2.39 3.00 1.00 6.00 3.00 1.00 3.00 1.00 3.00 4.00 0.10 40.00 1.00 CCC 40.00 IDF 2.00 CCC 40.00 IDF 2.00 TFC 3.00 JCSF 1.00 CCC 40.00 IDF 2.00 TFC TF FINE TFC JCSF TFC JCSF TFC JCSF Money Distribution Report Code Amount TIME 25.00 CHS 4.00 OFF 337.00 CCC 40.00 JSF 3.00: CHS 2.49 JCSF 0.62 CCC 23.94 CHS SUBC 17.95 I' JCSF CCC JSF 40.00 3.00 CCC JSF 40.00 3.00 ! CCC JSF 40.00 3.00 CCC SUBC FINE CHS JSF 40.00 30.00, I 31. 90 4.00 3.00 CHS 4.00 FINE 245.00 CHS 4.00 FINE 245.00 CCC 40.00 JSF 3.00 CHS 4.00 FINE 95.00 1.20 1.61 2.90 3.00 1.00 CCC 16.06, CHS SUBC 12.05 JCSF CCC 40.00 CHS JSF 3.00 IDF 3.00 1.00 CCC 40.00' CHS JSF 3.00 IDF 3.00 1.00 CCC 40.00 CHS JSF 3.00 IDF Code Amount FINE 50.00 SAF 5.00 JPAY 6.00 CHS 4.00 IDF 2.00 LAF 3.11 JSF 1.87 2.39 0.60 CHS IDF 4.00 2.00 CHS IDF 4.00 2.00 CHS IDF 4.00 2.00 CHS DPSC JPAY LAF IDF 4.00 30.00 6.00 5.00 2.00 LAF JPAY LAF JPAY CHS IDF LAF JPAY Code Amount TF 4.00 SAF 5.00 CJDR 0.10 WRNT 31.10 IDF 1.24 LAF JSF 2.99 1.80 SAF 5.00 CJDR 0.10 SAF 5.00 CJDR 0.10 LAF 5.00 CJDR 0.10 SAF 5.00 JCSF 1.00 WRNT 50.00 FINE 277.00 5.00 6.00 TF 5.00 6.00 TF 4.00 2.00 SAF CJDR 5.00 6.00 TF 1.61 LAF 0.40 JSF 4.00 SAF 2.00 CJDR 4.00 SAF 2.00 CJDR 4.00 SAF 2.00 CJDR Code Amount JCSF 1.00 TF 4.00 FINE 81.90 TIME 15.55 WRNT 29.92 IDF 1.20 TF 4.00 FINE 81.90 TF 4.00 OFF 166.90 TF 4.00 FINE 121.90 WRNT 50.00 JSF 3.00 TF 4.00 JPAY 6.00 4.00 JCSF 1.00 4.00 JCSF 1.00 5.00 0.10 TF 4.00 FINE 61.90 4.00 JCSF 1.00 2.01 WRNT 20.08 1.20 IDF 0.80 5.00 TF 4.00 0.10 FINE 31.90 5.00 0.10 TF 4.00 OFF 189.90 5.00 0.10 TF 4.00 FINE 111.90 Page 2 Code Amount Total 125.00 JSF 3.00 402.00 SUBC 30.00 JPAY 6.00 180.00 TF 2.49 102.00 TIME 14.96 CJDR 0.06 100.00 SUBC 30.00 OFF 85.00 265.00 SUBC 30.00 JPAY 6.00 265.00 SUBC 30.00 JPAY 6.00 220.00 TIME 25.00 IDF 2.00 235.00 DPSC 30.00 422.00 JSF 3.00 310.00 JSF 3.00 310.00 SUBC 30.00 JPAY 6.00 160.00 JSF 3.00 160.00 TIME 10.04 CJDR 0.04 70.00 SUBC 30.00 JPAY 6.00 130.00 SUBC 30.00 JPAY 6.00 288.00 SUBC 30.00 JPAY 6.00 210.00 I 09/01/2010 Money Distribution Report Page 3 ------------------------------------------------------------------------------------------------------------------------------------ The following totals represent - Cash and Checks Collected Type Code Description Count Retained Disbursed Money-Totals COST ,CCC CONSOLIDATED COURT COSTS 16 58.49 526.38 584.87 COST iCHS COURT HOUSE SECURITY 16 58.49 0.00 58.49 COST i]CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 11 0.10 0.90 1.00 COST :DPSC DPS OMNIBASE FEE 2 16.06 32.60 48.66 COST IDF INDIGENT DEFENSE FUND 16 2.92 26.32 29.24 COST JCSF JUSTICE COURT SECURITY FUND 16 14.62 0.00 14.62 COST ,'JSF JUROR SERVICE FUND 16 4.39 39.48 43.87 COST LAF SHERIFF'S FEE 9 38.11 0.00 38.11 COST i:PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAF DPS 7 28.00 7.00 35.00 COST SUBC SUBTITLE C 12 16.50 313.50 330.00 COST 'TF TECHNOLOGY FUND 16 58.49 0.00 58.49 COST TFC TFC 12 33.00 0.00 33.00 COST iTIME TIME PAYMENT FEE 6 57.77 57.78 115.55 COST WRNT WARRANT FEE 5 181.10 0.00 181.10 FEES CSRV COLLECTION SERVICE FEE 1 85.50 0.00 85.50 FEES 'OFF DEFERRED FEE 5 863.80 0.00 863.80 FEES 'JPAY JUDGE PAY RAISE FEE 16 14.40 81.60 96.00 FINE FINE FINE 16 1,338.30 0.00 1,338.30 FINE iPWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 Money Totals 21 2,870.04 1,085.56 3,955.60 The following totals represent - Transfers Collected COST CCC CONSOLIDATED COURT COSTS 0 0.00 0.00 0.00 COST CHS COURT HOUSE SECURITY 0 0.00 0.00 0.00 COST i,CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 0 0.00 0.00 0.00 COST :DPSC DPS OMNIBASE FEE 0 0.00 0.00 0.00 COST ilDF INDIGENT DEFENSE FUND 0 0.00 0.00 0.00 COST JCSF JUSTICE COURT SECURITY FUND 0 0.00 0.00 0.00 COST JSF JUROR SERVICE FUND 0 0.00 0.00 0.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST PWAF TEXAS PARKS & WILDLIFE 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 CSRV COLLECTION SERVICE FEE 0 0.00 0.00 0.00 FEES OFF DEFERRED FEE 0 0.00 0.00 0.00 FEES JPAY JUDGE PAY RAISE FEE 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 Transfer Totals 0 0.00 0.00 0.00 The fOllowing totals represent - Jail Credit and Community Service 09/01/2010 Money Distribution Report Page 4 ----.------------------------------------------------------------------------------------------------------------------------------- The following totals represent - Jail Credit and Community Service ,I " Type Code Description Count Retained Disbursed Money-Totals COST CCC CONSOLIDATED COURT COSTS 10 40.00 360.00 400.00 COST CHS COURT HOUSE SECURITY 10 40.00 0.00 40.00 COST :CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 1 0.01 0.09 0.10 'i COST DPSC DPS OMNIBASE FEE 2 19.80 40.20 60.00 COST IDF INDIGENT DEFENSE FUND 10 2.00 18.00 20.00 COST JCSF JUSTICE COURT SECURITY FUND 10 10.00 0.00 10.00 COST JSF JUROR SERVICE FUND 10 3.00 27.00 30.00 COST :LAF SHERIFF'S FEE 6 30.00 0.00 30.00 COST 'PWAF TEXAS PARKS & WILDLIFE 2 8.00 2.00 10.00 , COST ,SAF DPS 2 8.00 2.00 10.00 COST SUBC SUBTITLE C 1 1.50 28.50 30.00 COST TF TECHNOLOGY FUND 10 40.00 0.00 40.00 COST ,,TFC TFC 1 3.00 0.00 3.00 COST TIME TIME PAYMENT FEE 4 50.00 50.00 100.00 " COST WRNT WARRANT FEE 6 300.00 0.00 300.00 FEES CSRV COLLECTION SERVICE FEE 1 28.50 0.00 28.50 FEES 'DFF DEFERRED FEE 0 0.00 0.00 0.00 FEES ,JPAY JUDGE PAY RAISE FEE 11 9.90 56.10 66.00 FINE ,FINE FINE 10 1,283.90 0.00 1,283.90 FINE PWF PARKS & WILDLIFE FINE 3 118.35 670.65 789.00 Credit Totals 13 1 ,995 .96 1,254.54 3,250.50 The following totals represent - Credit Card Payments COST CCC CONSOLIDATED COURT COSTS 2 8.00 72.00 80.00 COST !CHS COURT HOUSE SECURITY 2 8.00 0.00 8.00 COST !CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 2 0.02 0.18 0.20 COST !DPSC DPS OMNIBASE FEE 0 0.00 0.00 0.00 COST IDF INDIGENT DEFENSE FUND 2 0.40 3.60 4.00 COST JCSF JUSTICE COURT SECURITY FUND 2 2.00 0.00 2.00 COST JSF JUROR SERVICE FUND 2 0.60 5.40 6.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST 'PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAF DPS 2 8.00 2.00 10.00 COST SUBC SUBTITLE C 2 3.00 57.00 60.00 COST TF TECHNOLOGY FUND 2 8.00 0.00 8.00 COST TFC TFC 2 6.00 0.00 6.00 COST TIME TIME PAYMENT FEE 0 0.00 0.00 0.00 COST WRNT WARRANT FEE 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVICE FEE 0 0.00 0.00 0.00 FEES DFF DEFERRED FEE 0 0.00 0.00 0.00 FEES JPAY JUDGE PAY RAISE FEE 2 1.80 10.20 12.00 FINE FINE FINE 2 143.80 0.00 143.80 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 Credit Totals 2 189.62 150.38 340.00 The following totals represent - Combined Money and Credits 09/01/2010 Money Distribution Report Page 5 The following totals represent - Combined Money and Credits Type Code Description Count Retained Disbursed Money-Totals COST .ICCC CONSOLIDATED COURT COSTS 28 106.49 958.38 1,064.87 COST !ICHS COURT HOUSE SECURITY 28 106.49 0.00 106.49 COST ,!CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 14 0.13 1.17 1.30 COST DPSC DPS OMNIBASE FEE 4 35.86 72.80 108.66 COST IDF INDIGENT DEFENSE FUND 28 5.32 47.92 53.24 COST .:JCSF JUSTICE COURT SECURITY FUND 28 26.62 0.00 26.62 COST :.JSF JUROR SERVICE FUND 28 7.99 71.88 79.87 COST ILAF SHERIFF'S FEE 15 68.11 0.00 68.11 " COST 'PWAF TEXAS PARKS & WILDLIFE 2 8.00 2.00 10.00 COST SAF DPS 11 44.00 11. 00 55.00 COST SUBC SUBTI HE C 15 21.00 399.00 420.00 COST ,TF TECHNOLOGY FUND 28 106.49 0.00 106.49 , COST TFC TFC 15 42.00 0.00 42.00 COST ':T1ME TIME PAYMENT FEE 10 107.77 107.78 215.55 COST .WRNT WARRANT FEE 11 481. 10 0.00 481. 10 FEES CSRV COLLECTION SERVICE FEE 2 114.00 0.00 114.00 FEES ;DFF DEFERRED FEE 5 863.80 0.00 863.80 FEES JPAY JUDGE PAY RAISE FEE 29 26.10 147.90 174.00 FINE FINE FINE 28 2,766.00 0.00 2,766.00 I' PARKS & WILDLIFE 3 118.35 670.65 789.00 FINE 'PWF FINE Report Totals 36 5,055.62 2,490.48 7,546.10 09/01/2010 M . II.b . oney Dlstrl utlon Report Page 6 ------------------------------------------------------------------------------------------------------------------------------------ DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS RESTITUTION OTHER TOTAL 00-00-0000 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & 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 09-01i1991 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 O~OO 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 09-0h1999 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 al l Col lections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01T2?03 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 1,338.30 1,572.00 1,045.30 0.00 0.00 0.00 3,955.60 Jail Credits & Comm Service 2,072.90 1,083.10 94.50 0.00 0.00 0.00 3,250.50 Credit Cards & Transfers 143.80 184.20 12.00 0.00 0.00 0.00 340.00 Total of all Collections 3,555.00 2,839:30 1,151.80 0.00 0.00 0.00 7,546.10 TOTALS Cash & Checks Collected 1,338.30 1,572.00 1,045.30 0.00 0.00 0.00 3,955.60 Jail Credits & Comm Service 2,072.90 1,083.10 94.50 0.00 0.00 0.00 3,250.50 Credit Cards & Transfers 143.80 184.20 12.00 0.00 0.00 0.00 340.00 Total of all Collections 3,555.00 2,839;30 1,151.80 0.00 0.00 0.00 7,546.10 ,. r 09/01/2010 DATE PAYMENT-TYPE State of Texas Quarterly Reporting Totals Description State!,Comptroller Cost and Fees Report Section I: Report for Offenses Committed " 01~01-04 Forward iI 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 DN~ Testing Fee - Comm Supvn DNA Testing Fee - Juvenile EMS Trauma Fund (EMS) Juvenile Probation Diversion Fees Jury Reimbursement Fee Indigent Defense Fund Mo~ing Violation Fees State Traffic Fine Section II: As Applicable peice Officer Fees Failure to Appear/Pay Fees Judicial Fund - Const County Court Judicial Fund - Statutory County Court Mot'or Carrier Weight Violations Time Payment Fees Drfving Record Fee Judicial Support Fee Report Sub Total State Comptroller Civi l 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/Fami ly Law CF: Dist Court Indig Legal Services CF: Judicial Support Fee Report Sub Total Total Due For This Period Money Distribution Report FINES COURT-COSTS FEES BONDS RESTITUTION Count Collected Disbursed Retained 18 664.87 66.49 598.38 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 18 49.87 4.99 44.88 18 33.24 3.32 29.92 13 1.20 0.12 1.08 14 390.00 19.50 370.50 9 45.00 36.00 9.00 2 48.66 16.06 32.60 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 6 115.55 57.77 57.78 0 0.00 0.00 0.00 18 108.00 16.20 91.80 116 1,456.39 220.45 1,235.94 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 116 1,456.39 220.45 1,235.94 Page 7 OTHER TOTAL )At'~ CALHOUN COUNTY ....~i-li. ~~~ ~:~~:a~s~;xas n979 DISTRIBUTION REQUEST DR# 480 A 40423 PAYEE Name: Calhoun County Oper. Acct. Address: City: State: Zip: Phone: PAYOR Official: Title: James Dworaczyk Justice of the Peace, Pet. 4 .~l;~..Nl)NUMB~__,..J _illlPESCRIP.TI~"_ .~OliNj. '.""-<~' ,,'" ;j@ . ,'f~;,"'-- 7544-999-20759-999 JP4 Monthly Collections - Distribution $4,295.60 AUGUST 2010 V# 930 " TOTAL 4,295.60 o J... ,,' - 09/09/2010 15:18 361-983-2461 CALHOUN CO PCT 5 PAGE 01 Judge Nancy Pomykal tJiistice of the Peace Pet. 5) Collections for tbe.Montb of ~~gust 20lll.' Date: September 9, 2010 Calhoun County COMMISSIONERS'S COURT 211 S. Ann Street Port Lavaca, TX 77979 Fax no: 553...4444 COMMISSIONER'S COURT: Attached is the Au&ust 2010 Money Distribution Report for the Justice of the Peace, Precinct 5 court. Faxini 8 t Paies incllliJing this COVeL Signed: Ii" 09/09/2010 15:18 361-983-2461 CALHOUN CO PCT 5 PAGE 02 09/09/2010 Money D1$tr1bution Report JUDGE NANCY POMYKAL, peT 5 - AuGUST 2010 RepoRT Page 1 _.______________~___.._______________~---____________"-_________~_________.._~-~_______.~~~_________...-------___w~_______~~________ Receipt Cause/Defendant I Code Amount I Code Amount I Code Amount I Code Amount I Code Amount I Code Amount I Total I I I I I I I 0374063 '0-03-0116 08-02-2010 I JSF 3.00 cce 40.00 I CHS 4.00 I SAF' 5.00 I TF 4.00 I DPSC 30.00 I 188.50 BETTS, HUNTER A I JCSF 1.00 JPAY 6.00 I IDF 2.00 I ~lNE 50.00 I CSRV 43.50 I I 32153 Company Chec::k I I I I I I 0374064 10-07-0189 08-02-2010 I JSF 3.00 eee 40.00 I CHS 4.00 I SAP 5.00 I rF 4.00 I JeSF 1.00 I 310.00 H~NNEK~, TVLER GARRET I JPAV 6.00 IDF 2.00 I FINE 245.00 I I I I 100~~0 company Check I I' I I I 0374065 10-07-0188 08-02-2010 I JSF 3.00 CCC 40.00 I CHS 4.00 I SAF 5.00 I TF 4.00 I JCSF 1.00 I 310.00 APPELT, JUSTIN DAVID I JPAY 6.00 IDf 2.00 I fINE 245.00 I I I I 100630 company Check I I I I I I 0374066 10-07-0197 08-03-2010 I EXRF 10.00 I I I I I 10.00 BLlNKA, ",UY E I I I I I I PeriQnal Check I I I I I I 0374067 10--06-0233 06-05-2010 I J$f 3.00 !FC 3.00 I CCC 40.00 I CH$ 4.00 I SM 5.00 I if 4.00 I 150.00 WERNER, ARLEEN JANE I JCSF 1.00 JPAY 6.00 I IDP 2.00 I HVF 0.10 I DFF 51.90 I SUBC 30.00 I S359 Personal Check I I I I I I I 037~ 10-07-0198 08-09-2010 I JSF 3.00 I tCC 40.00 I CHS 4.00 I SAF 5.00 I Tf 4.00 I JCSF 1.00 I 115.00 BI.INKA, GLENDA GIUFFlTH I JPAY 6.00 I IDF 2.00 I nNE 50.00 I I I I . Cash I I I I I I I 0374069 10-08-0234 08-09-2010 I JSF 3.00 I tce 40.00 I CHS 4.00 I PWA~ 5.00 I TF 4.00 I JCSF 1.00 I 125.00 REGISTER, DONNIE R I JPAY 6.00 I IDf 2.00 I PWf 60.00 I I I I 1053, Personal Check I I I I I I I 0374070 10~08-D229 0800Q9-Z010 I JSF 3.00 I tee 40.00 I CHS 4.00 I loAF 5.00 I TF 4.00 I JCSf ,.00 I 100.00 eARRILES, FlLOI'1ENA I JPAY 6.00 I tDF 2.00' I FINE 3S.00 I I I I Cash I I I I I I I 0374071 10-08-0220 08-09-2010 I JSF 3.00 I ccc 40.00 I CHS 4.00 I SAF 5.00 I TF 4.00 I JCSF 1.00 I 115.00 P~STEJOVSKY, GARY C I JPAV 6.00 I IDf 2.00 I FINE 50.00 I .1 I I 030876 Company Check I I I I I I I 037407l 10-07-0203 08-09-2010 I JSF 3.00 1 ccc 40.00 I CHS 4.00 I SAF 5.00 1 TF 4.00 I JCSF 1.00 I 115.00 CUELLAR, MARCUS ALLEN I JPAV 6.00 I IDF Z.OO I FINE 50.00 I I I I "'on~y Order I I I I I I I 0374073 10-07-0199 08-09-2010 I JSF 3.00 I TFC 3.00 I tce 40.00 I CHS 4.00 I SAF 5.00 I TF 4.00 I 210.00 JALUFKA, STAYTON MARCUS I JCSF 1.00 I JPAY 6.00 I IDF 2.00 1 I'lVF 0.10 I FINE 111.90 I SUBC 30.00 I ~993S ceahier's Check I I I I I I I 0374074 10-07~Oi!08 08-09--2010 I AF 20.00 I I . I I I 20.00 COX, JAMES FRANKLIN I I I I I I 1289 Peraonel Cheek I I I I I I 0374075 10-07-0207 08-09-2010 I AF 20.00 I I I I I 20.00 cox, JAMES FRANKLIN I I I I I I 1289 Peraonal Check I I I I I I 0374~76 10-01-0195 08-10-2010 I J$F 1.38 Ieee 18.46 CHS 1.85 I SAf 2.31 I fF 1.85 I JCSF 0.46 I 30.00 BARTZ, CHRISTOPHER JEFFERY I JPAY 2.77 I IDF 0.92 I I I I Cash I I I I I I 0374077 10-08-0236-SC 08-11-2010 I IFEE 6.00 I FILl 25.00 I I I I 31.00 l,.ONE S1'AR BOAT STORAGE I I I I I I COllIp8ny Chec:k. I I I I I I 037407810-08-0231-SC 08-11-2010 I IFEE 6.00 I FILl 25.00 I I I I 31.00 LONE STAR IJOAf STORAGE I I I I I I I tompsny Check I I I I I I I 0374079 10-05-0152 0&-12-2010 I J$f 3.00 I TFC 3.00 I eec 40.00 I CHS 4.00 I LAF 5.00 I TF 4.00 I 295.00 ~ER, EARL SANDIFER 11 I JCSF 1.00' JPAY 6.00 I IDF 2.00 I MVf 0.10 I suec 30.00 I DFF 196.90 I 607 Personal Check I I I I I I I 0374060 10-07-0205 08-12-2010 I JsF 3.00 I ecc 40.00 I CHS 4.00 I SAF 5.00 I 1'F 4.00 I JeSF 1.00 I 90.00 YOST, CHRISTOPHER THOMAS 'JPAY 6.00 I IDf 2.00 I FINE 25.00 I I I I cash I 1 I I I I I 09/09/2010 15:18 361-983-2461 CALHOUN CO PCT 5 PAGE 03 09/orJ/2010 Kaney Di$t~ibution Report JUDGE NANCY PO"Y~L, peT 5 ~ AUGUST 2010 REPORT Page 2 ______________________--_____________p________~~____________~__________.*_~._______________________.--_______~_______._M~-_______~-- ~eceipt Cause/Defendant I Code Amount I Code Amount I Code Amount I Code Amount I Code Amount Code AmQunt I Total I I I 'I I 0374081 10-07-0206 08-12-2010 I JSF 3.00 Ieee 40.00 I CHS 4.00 I SAF 5.00 I TF 4.00 JeSF 1.00 I 90.00 PAGANO, MY~ES TAYLOR I JPAY 6.00 I IDF 2.00 I FINE 25.00 I I I Car.h I I . I I I I 0374082 10-08-0238 08-16-2010 I JSF 3.00 I TFt 3.00 I cce 40.00 I tHS 4.00 I LAF 5.00 TF 4.00 I 160.00 REDDING, KATIE RENE I JCSF 1.00 I JPAY 6.00 I IDF 2.00 I MVF 0.10 I FINE 61.90 suee 30.00 I cash I I I 'I I 0374~3 10-04-0141 08-16-2010 I JSF 3.00 I cec 40.00 I CHS 4.00 I LAF 5.00 I TF 4.00 JCSF 1.00 I 265.00 AMASON, NICHOLAS CHASE I JPAY 6.00 I IDF 2.00 I FINE 200.00 I I I Comm service I I I I I I 0374084 10-07-0200 08-16-2010 I JSF 3.00 Icce 40.00 I CMS 4.00 I SAf 5.00 I TF 4.00 JeSf 1.00 I "5.00 KRAMER, TlFFANY MARIE I JPAY 6.00 I IDf a.oo I flN~ 50.00 I I I . Honey order I I \ I I I 0374085 10-07-0212 08~18-2010 I JSf 3.00 I TFt 3.00 I tee 40.00 I tHS 4.00 I SAF 5.00 I IF 4.00 I 180.00 LOTHRIDGE, DONALD LtON I JCSF 1.00 I JPAY 6.00 I IDF 2.00 I MVf 0.10 I FINE 81.90 I SUSC 30.00 I 4441 Personal Cheo~ I I I I I I I 0374086 10-07-0211 08-18-2010 I JSF 3.00 I TFt 3.00 I cce 40.00 I CH$ 4.00 I LAF 5.00 I TF 4.00 I 160.00 JENSON, JARED LEE I JtSF 1.00 I JPAY 6.00 I lbF 2.00 I MVF 0.10 I FINE 61.90 I SUBC 30.00 I Credit eerd I I I I I I I 0374087 10-07-0216 08-18-2010 I JSF 3.00 I cce 40.00 I eHS 4.00 I SAF 5.00 I TF 4.00 I JCSF 1.00 I 115.00 DELGADO, ARtHUR ANTHONY I JPAY 6.00 1 IOf ~.OO I FINE 50.00 I , I I Credit Card I I I I I I I 0374088 10-07-0201 08-18-2010 I JSF 3.00 I ece 40.00 I CHS 4.00 I SAF 5.00 I TF 4.00 I JeSF 1.00 I 115.00 ~ESAK, DOUGLAS SCOTT I JPAY 6.00 I IDF 2.00 I FINE 50.00 I I I I Credit Card I I 1 I I I I 0374089 10-07-0202 08-18-2010 I JSF 3.00 I tCC 40.00 I eHS 4.00 I SAf 5.00 I TF 4.00 I JCSF 1.00 I '15.00 POMLER, CHRISTOPHER MICHAEL I JPAY 6.00 I IbF 2.00 I fINE 50.00 I I I I 291 Personal Check I I I I I I I 0374090 10-08-0245 08-23-2010 I JSF 3.00 I TFC 3.00 I cec 40.00 I CMS 4.00 I SAP 5.00 I T~ 4.00 I 180.00 RAAB, MARK J I JCSF 1.00 I JPAY 6.00 I IDF 2.00 I MVF 0.10 I FINe 81.90 I suet 30.00 I Money Order I I I I I I I 0374091 1o-07-o~17 08-23-2010 I JSF ~.oo I tee 40.00 I CHS 4.00 I SAF 5.00 I Tf 4.00 I JCSF 1.00 I 115.00 STAPP, JOHN BARR I JPAY 6.00 I fDF 2.00 I FINE 50.00 I I I I CoInpeny Check. I I I I I I 1 0374092 10-07-0214 08-23-2010 I JSF 3.00 I TFt 3.00 I ecc 40.00 I CH$ 4.00 I SAf 5.00 I TF 4.00 I 108.00 GONZALES, RAQUEL RENEE I JCSf 1.00 JPAV 6.00 I tDF 2.00 I HVF 0.10 I OSC 9.90 I suet 30.00 I Money Order I I I I I I 0374093 10-08-0251 08-23-2010 I JSF 3.00 eet 40.00 I CMS 4.00 I LAP 5.00 I TF 4.00 I JCSF 1.00 I 65.00 RANDOLPM, DAVID L. I JPAY 6.00 IDr 2.00 I I I I I 1380 Personal Check I I I I I I 0374094 10-07-0186 08-23-2010 I JSF 3.00 TFe 3.00 I ttC 40.00 I CHS 4.00 I SAF 5.00 I TF 4.00 I 210.00 ~ARDENAS, CHRISTOPHER LEE I JCSF 1.00 JPAY 6.00 I IDF 2.00 I MVF 0.10 I FINE 111.90 I SUBe 30.00 I "'-COurt Chec~ Company Chec~ I I I I I I 0374095 10-08-0225 OB-26-2010 I JSF 3.00 TFC 3.00 I CCC 40.00 I CIiS 4.00 I SAF 5.00 I TF 4.00 I 108.00 BAKER, TAMMIE SUE I JCSF 1.00 JPAY 6.00 I IDF 2.00 I HVF 0.10 lost 9.90 I SUBe 30.00 I 33$0 Personal thec~ I I I I I I 0374096 10-08-0250 OS-ZC>-2010 I AF 10.00 I I I I I 10.00 WICKMAN, CHARLES PERLITZ I I I I I I 2060 P.r$~&l Check I I I I I I I 0374097 1o-08-0~29 08-31-2010 I FINE 60.00 I I I I I I 60.00 CARRILES, FILOHENA I I I I I I I # 1333 perianal Check I 1 I I I I I 0374098 10-06-0157 0&-31-2010 I JSf 3.00 I cee 40.00 I CHS 4.00 I SAF S.oo I TF 4.00 I JC$F 1.00 I 115.00 OVERTON, PATRICK DAVID I JPAY 6.00 I IDF ~.OO I FINE 50.00 I I I I COIIIm service I I I I I I I . , 09/09/2010 15:18 361-983-2461 CALHOUN CO PCT 5 PAGE 04 09/09/2010 Money Distribution ~eport page 3 JUbGe NANCY POMYKAL, peT 5 - AUGUST 2010 REPO~T __---__________.~____~_________~---------_____________----_____~________~___~------____-------___________._-______M____________-___w The following total, represent - Cash and Checks Collected Type 'Code Description Count Retained Disbur$ed I1oney-Total$ The following totala represent - Cash and Checks ,ollected COST CCC CONSOLIDATED COURT COSTS 24 93.85 844.61 938.46 COST ells COURTHOUSE SECURITY 24 93.85 0.00 93.85 COST i'DPSC OPS FAILURE TO APPEAR /O"Nt FEES 'I 9.90 20.10 30.00 COST IDF INDIGENT DEFENSE FUND 24 4.69 42.23 46.92 COST JCSF JUSTICE COURT SECURlTY FUND 24 23.46 0.00 23.46 COST JPAY JUDGE PAY RAISE fEE 24 21.12 119.65 140.n COST JSF JUROR SERVIce FUND 24 7.04 63.34 70.38 COST LAF SHERIFF'S FEE 4 20.00 0.00 20.00 COST I1VF MOVING VIOLATION FEE 9 0.90 0.00 0.90 COST II PWAF TEXAS PARKS & WILDLIFE 1 4.00 1.00 5.00 COST SAF OPS 19 73.85 18.46 92.31 COST TF TECHNOLOGY FUND 24 93.85 0.00 93.85 COST TFC TFt 9 'l7.00 0.00 27.00 FEES AF ADMINlSTRAT1Ve FEE 3 50.00 0.00 50.00 FEES CSRV COLLECTION SERVICES FEE 1 43.50 0.00 43.50 FEES DFF DEFeRRED FEE 2 248.80 0.00 248.80 FEES J DSC DRIVER SAFETY COURSE 01/2008 2 19.80 0.00 19.80 F.EE9 EXRF EXPIRATION RENe~AL FEE 1 10.00 0.00 10.00 Fees FIll FILING ~EE Z 50.00 0.00 50.00 F1;ES IFEE INDIGENT FEE 2 0.60 11.40 12.00 FEES suee sUB TITLE C 9 13.50 256. SO 270. 00 FINE FINE FINE 18 1,434.50 0.00 1 ,434. 50 FINE PWF PARKS & WILDLIFE FINE 1 9.00 51.00 60.00 Money TQtals 31 2,353.~1 1,428.29 3,781.50 The following totals repre$ent - Transfers Collected COST cee eONSO~10ATED COUR1 COSTS 0 0.00 0.00 0.00 COST CHS COURTHOUSe SECURITY 0 0.00 0.00 0.00 COST DPse DP$ FAILURE TO APPEAR {OHNI FEES 0 0.00 0.00 0.00 COST IDF INDIGENT DEFENSE fUND 0 0.00 0.00 0.00 COST JeSF JUSTICE COURT SECURlTY FUND 0 0.00 0.00 0.00 COST JPAY JUDGE PAY RAISE FEE 0 0.00 0.00 0.00 COST JSF JUROR SERVICE FUND 0 0.00 0.00 0.00 COST LAF SHERI FF I S FeE 0 0.00 0.00 0.00 COST MVF HOVING VIOLATION FEE 0 0.00 0.00 0,00 COST P~"F TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAF OPS 0 0.00 0.00 0.00 COST Tf TECHNOLOGY FUND 0 0.00 0.00 0.00 COST TFe TFt 0 0.00 0.00 0.00 FEES AF ADMINIStRATIVE FEE 0 0.00 0.00 0.00 FEES eSRV COLLECTION SERVIces FeE 0 0.00 0.00 0.00 FEES" I)fF DEFERRED fllE 0 0.00 0.00 0.00 FEES DSC D~lvER SAFETY COURSE 01{2008 0 0.00 0.00 0.00 FEES EXRF EXPlRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES FILl Fl~lNG PEE 0 0.00 0.00 0.00 , , 09/09/2010 15:18 09/09/2010 361-983-2461 CALHOUN CO PCT 5 Money Di&tribution Report JUDGE NANCY POMYKAL, PCT 5 - AUGUST 2010 REPORT PAGE 05 page 4 ~__~__.____~_______________~_________~________________~"___________~.------________---______.______________.---_____w~_________~____ The following totals represent - Tr8nsfers Collecttd Count Retainetf Disbursed Ploney-Totllls 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 Type Code Description FEES 'IfEE FEU SUSt FINE f IHE FINE PWF INDIGENT FEE SUB TITLE C FINE PARKS & WILDLIfE FINE o o o o The following tot8ls represent - Jail Cretfit and community Service Transfer TotaLs o COST eee COST . CHS COST Df'SC COST IDF COST ,: JCSF tOST JPAY COST " J$F COST' LAF COST "\If COST PWAF COST SAF COST TF COST TF C FEES AF FEES CSltV FeES llFF FEES DSC FEES EXIlF fEes FILl FEES trEE feu SUBC FINE FINE flNE PWF CONSO~10ATED COURT COSTS COURTHOUSE SECURITY DPS FAIlu~e TO APPEAR IOMNI FEES INDl~ENT DEFENSE FUND JUSTICE COURT SECURlTY FUND JUDGE PAY RAISE FEE JUROR $~RV%CE FUND SHERIFF'S FEE "OVING VIOLATION FEE TeXAS PARKS, & WILDLIFE bPS TECHNOLOGY FUND TFC ADMINISTRATIVE FEE COLLECTION SERVICES FEE DEFElllUlD FEE DRIVER SAFETY COURSE 01/2008 EXPlRATION R~NEWAL FEE FILlNG FEE INDIGENT FEE SUB TITLE C FINE PARKS & WILDLIFE fINE 2 8.00 72.00 80.00 2 8.00 0.00 8.00 0 0.00 0.00 0.00 2 0.40 3.60 4.00 2 2.00 0.00 2.00 :i! 1.80 '10,20 12.00 2 0.60 5.40 6.00 1 5.00 0.00 5,00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 'I 4.00 1,00 5.00 2 8,00 0.00 8.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0,00 0 0.00 0.00 0.00 2 250.00 0.00 250.00 0 0,00 0.00 0.00 2 287.80 92.20 380.00 The following totals represent. Credit CarQ payment~ Credit Total$ COST eee CONSOLIOATED COURT CO~TS COST CHS COURTHOUSE SECURITY COST bPSC DPS FAILURE TO' APPEAR 10MNI FEES COST IDF INDIGENT DEfENSE FUND COST JCSF JUstICE COURT SECURITY fUND COST JPAY JUDGE PAY ~AISE ~EE COST JSF JUROR SERVICE FUND COST LAF SHERIFF'S FEE COST MVF MOVING VIOLATION ~~E COST PWAF TEXAS PARKS & WILDLIFE COST SAF DPS COST TF TECHNOLOGY FUND 3 12.00 108.00 120.00 3 12,00 0.00 12.00 0 0.00 0.00 0.00 3 0.60 5.40 6.00 3 3.00 0.00 3.00 3 2.'70 15.30 18.00 3 0.90 8.10 9.00 'I 5.00 0.00 5.00 1 0.10 0.00 0.10 0 0.00 0.00 0.00 2 8.00 2.00 10.00 :3 12.00 0.00 12.00 I I I I " 09/09/2010 15:18 361-983-2461 CALHOUN CO PCT 5 PAGE 06 09/09/,2.010 Money Distr,~bution Report p(lge 5 JUDGE NANCV POMYKAL, PCT 5 - AUGuST 2010 REPORT ---.-----------------------------------------------------------------------~.-------------------------------~~-~-------------------~ The following totals represent ~ Credit card Payments Type Code Description Count Retained Disbursed Money-Totals COST TFC TfC 1 3.00 0.00 :5.00 FEES AF ADMINISTRATIVE FEE 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 DSC DRIVER SAFETY COURSE 01/2008 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 fEES FIll FILlNG FEE 0 0.00 0.00 0.00 FEES IFEE INDIGENT FEE 0 0.00 0.00 0.00 FEES sIJec SUB TITLE C , 1.50 28.50 30.00 FINt: FINE fINE :5 161.90 0.00 161.90 FINE pwF PARKS & WILDLlFE FINE 0 0.00 0.00 0.00 Credit Totals :5 22~.70 167.30 390.00 The following totals represent - combined Money and credits COST CCC cONSOLIDATED COURT COSTS 29 113.85 1,024.61 1,138.46 COST CHS COURTHOUSE SECURITY 29 113.85 0.00 113.8S COS1 DPSC DPS FAILURE TO APPEAR IOMNI FEES 1 9.90 20.10 30.00 COS" IDF INDIGENT DEFENSE FUND :i!9 5.69 51.23 56.92 COST JCSF JUST1CE COURT SECURITY FUND 29 28.46 0.00 28.46 COST JPAY JUDGE PAY RAISE FEE 29 25.62 14$.15 170.77 COS1' JSF JUROR SERVICE FUND 29 8.54 76.84 85.38 COST LAF SHERIff' 5 FEE 6 30.00 0.00 30.00 COST MVF MOVING VIOLATION fEE 10 1.00 0.00 1.00 COsT PWAF TEXAS PARKS & WILDLIFE 1 4.00 1.00 5.00 COST SAF DPS 22 85.85 21.46 107.31 COST TF TECHNOL.OGY FUND 29 113.85 0.00 113.85 COST Tft TFC 10 30.00 0.00 30.00 FEU AF ADMINISTRATIVE FEE 3 50.00 0.00 50.00 FEES CSRV COLLECTION 5ERVICES FEE 1 43.50 0.00 43.50 FEES, DFF DEFeRRED FEE 2 248.80 0.00 248.80 FEES O$C: DRIVER SAFETY COURSE 01/2008 2 19.80 0.00 19.80 FEES EXRF EXPIRATION RENEWAL FEE 1 10.00 0.00 10.00 FEES FILl FILING FEE ~ 50.00 0.00 SO.OO FEES ~FEE INDIGENT FEE ;a 0.60 11.40 1t?OO FEES SUBC SUB TITLE C 10 1$.00 285.00 300.00 FINE HNE FINE c3 1,846.40 0.00 1,846.40 FlNE PWF PARKS & WILOLIFE fINE 1 9.00 51.00 60.00 Report ToUls 36 2,863.71 1,687.79 4,551.50 09/09/2010 15:18 361-983-2461 CALHOUN CO PCT 5 PAGE 07 09/09/2010 Honey Distribution Report P$ge 6 JUDGE NANCY POMYKA~, peT S - AUGUST 2010 REPORT _----~_-_____-----------------------------~----~----------.--____________________.___________~w_~____________________w__________M--_ DATE PAYtlENT-TVPE FINES COURT-COSTS FEES BONDS RESTlTUTlON OTHER "fOTAl 00-00-:-??oo Cash & Cheek$ ColLected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Serviee 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 01 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 & tomm 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 fataL of all colLections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09"01-1993 Cash & C~ecks colleoted 0.00 0.00 0.00 0.00 0.00 0.00 0.00 JsiL 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 Carda & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all eo~lection$ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1997 Cesh & 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 $ervic~ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit C~rds & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all colleotions 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-2001 ca$~ & 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 01 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 Jeil 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 0'-01-2004 Cash & Checks Collected 1,494.50 1,582.90 104.10 0.00 0.00 0.00 3,1S1.50 Jail Credits & Comm Service 250.00 130.00 0.00 0.00 0.00 0.00 380.00 Credit Cards & Transfers 161.90 198.10 30.00 0.00 0.00 0.00 390.00 Total of all Collections 1,906.40 1,91'.00 734.10 0.00 0.00 0.00 4,551.50 TOTALS Cash & Checks Collected 1,494.50 1,'82.90 704.10 0.00 0.00 0.00 3,781.50 Jail Credits & Comm Service 250.00 '30.00 0.00 0.00 0.00 0.00 380.00 Credit Cards & Transfers 161.90 198.10 ~O.OO 0.00 0.00 0.00 390.00 Total of aLL CoLlect,o~~ 1,906.40 1,9" .00 134.10 0.00 0.00 0.00 4,551.50 '! ' 09/09/2010 15:18 361-983-2461 CALHOUN CO PCT 5 09/09/2010 Money Distribution Report JUDGE NANCY POMYKAL, PCT S - AUGUST 2010 REPo~T PAGE 08 Page 7 PATE FINES COURT-COSTS ~___________~________~_~-~----_.___-------_________~--__.___~_______~______w.---______-_______-__-____------.------.~------~------.- OTHER TOTAL PAYMENT-TYPE State of Te~as Quarterly Reporting Totals Description Count StatelComptrQller C05t and Fcc$ Report Section 1: Report for Offenses Committed 01-01-04 Forward 09~01-01 - 12-31-03 oa~31-99 - 06-31-01 09~01-97 - 08-30-99 09;01-91 - 08-31-97 Bail Bond Fee DNA Testing Fee - convictions DNA Testing Fee - Comm Supvn DNA Testing fee - Juvenile EMS Traume Fund (EMS) Juvenile Probation Diversion Fees Jury Reimburse~ent Fee Indigent Defense Fund Moving Violation Fees state Traffic Fine 27 o o o o o o o o o o 27 27 o 10 Section 11: As Appliceble Peace Officer Fees Fa'ilure to Appe~r/Pay Fees Judici&l Fund - Ccnst County Court JUdicial Fund - Statutory county Court Motor carrier Weight Violations r;~ Payment Fees Driving ~ecord Fee Judicial Support Fee Report Sub Total 22 1 o o o o o 27 141 Stete Comptroller civil Fees Report CF: Birth Certificate 'eee tF: Marriage License Fees CF: Declaration of Informal Marriage cF: Nondi$closure Fees CF: Juror Donations CF: Justice Court Indig Filing 'ees CF: Stat prQb Court lndig Filing Fee$ CF: St9t Prob Court Judie Filing Fees CF: Stet Cnty Court lndig filing Fees CF: Stat Cnty Court Judic Filing Fee6 CF: Cnet Cnty court Indig Filing Fees CF: (net Cnty Court Judie Filing Fees CF: Dist court Divorce & Family Law CF: Dist Court Other Divorce/Family Law CF: Pist court Indig Legal Services CF: Judicial Su~port Fee Report Sl,Ib Total Q o o o o 2 o o o o o o o o o o 2 Total Due For This Period 143 FEES Collected 1,058.46 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 79.38 5ii!.92 0.00 300.00 107.31 30.00 0.00 0.00 0.00 0.00 0.00 156.77 1,786.84 0.00 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12.00 1,798.84 SONOS RESTITUTION Retained 105.85 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7.94 5.29 0.00 15.00 85.85 ".90 0.00 0.00 0.00 0.00 0.00 ~3.82 253.65 , ~ 0.00 0.00 0.00 0.00 0.00 0.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.60 254.25 Disbursed 952.61 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 71.44 47.63 0.00 265.00 21.46 20.10 0.00 0.00 0.00 0.00 0.00 134.95 1,533.19 0.00 0.00 0.00 0.00 0.00 11.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11.40 1,544.59 ACCOUNTS ALLOWED - COUNTY: Claims totaling $937,957.39 were presented by the 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 $2,361,805.05 were presented by the County Treasurer and after reading and verifying same; a Motion was made by Commissioner Fritsch 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 - INDIGENT HEAL THCARE: Claims totaling $102,307.86 were presented by the County Treasurer and after reading and verifying same; ,a Motion was made by Commissioner Fritsch seconded by Commissioner Lyssy that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. DECLARE T-MOBILE CELL PHONES, IMEI #353259020290412 AND #353259020290016 AS SALVAGE AND REMOVE FROM PRECINCT #4: A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to declare T-Mobile cell phones IMEI #353259020290412 anQ #353259020290016 as salvage and remove from Precinct #4. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. "" ~ qr. Calhoun County, Texas SURPLUS/SALVAGE DECLARATION REQUEST FORM Department Name: Requested By: Dept. 570 - Precinct 4 April Townsend/Commissioner Finster Inventory Reason for Surplus/Salvage Number Description Serial No. Declaration 'i T -Mobile Cell Phone IMEI Broke, doesn't work #353259020290412 T -Mobile Cell Phone IMEI Broke, doesn't work #353259020290016 BUDGET APPROVALS: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch that the following Budget Adjustments be approved. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 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