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2013-09-12 Regular September Term Held September 12, 2013 THE STATE OF TEXAS COUNTY OF CALHOUN !i !i !i BE IT REMEMBERED, that on this 12'h day of September, A.D., 2013 there was begun and hoiden 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 Kenneth W. Finster Wendy Marvin County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #4 Deputy County Clerk Commissioner Neil E. Fritsch was absent from the meeting. Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and C;ommissioner Finster led the Pledge to the US Flag and Commissioner Lyssy led the Pledge to the Texas Flag. APPROVE MINUTES OF AUGUST 22, 2013 AND SEPTEMBER 3, 2013: A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to approve the minutes of August 22, 2013 and September 3, 2013. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. Regular August Term Held August 22, 2013 THE STATE OF TEXAS COUNTY OF CALHOUN !i !i !i BE IT REMEMBERED, that on this nnd day of August, A.D., 2013 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. PRESENT 2012 DISTINGUISHED SERVICE AWARD TO CALHOUN COUNTY HISTORICAL COMMISSION: The Calhoun County Historical Commission was presented with the Texas Historical Commission 2012 Distinguished Service Award they also received this award in 2011. This award represents around 2,000 hours of volunteer preservation. Special September Meeting Held September 3, 2013 THE STATE OF TEXAS !i !i COUNTY OF CALHOUN !i BE IT REMEMBERED, that on this 3rd day of September, A.D., 2013 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 Special Meeting 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 Neil E. Fritsch Tess Gossett County Judge Commissioner, Precinct #1 Commissioner, Precinct #3 Deputy County Clerk Commissioner Lyssy and Commissioner Finster were both absent from the meeting today. Thereupon the following proceedings were had: REQUEST BY COUNTY CLERK TO INCREASE RECORDS ARCHIVE FUND FEE FROM $5.00 TO $10.00 AND ACKNOWLEDGE INCREASE IN RECORDS MANAGEMENT AND PRESERVATION FEE FROM $5.00 TO $10.00 AS PER HB 1513 EFFECTIVE SEPTEMBER 3, 2013: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve increasing the County Clerk Records Archive Fund Fee from $5.00 to $10.00 and acknowledge the increase of Records Management and Preservation Fee from $5.00 to $10.00 as per HB 1513 effective September 3, 2013. Commissioners Galvan, Fritsch, and Judge Pfeifer all voted in favor. PUBLIC HEARING ON PROPOSAL TO INCREASE TOTAL TAX REVENUES FROM PROPERTIES ON THE TAX ROLL IN THE PRECEDING TAX YEAR BY 0.719424%: Judge Pfeifer opened the Public Hearing on the proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 0.719424% at 10:03 am. There were no public comments. Judge Pfeifer closed the Public Hearing at 10:03 am. There will be another Public Hearing regarding this matter on September 12, 2013 at 10:00 am. GENERAL DISCUSSION: Judge Pfeifer said there were a lot of people fishing on the Seadrift Pier this past weekend. Also Susan Riley reported that the Biometric Screening was a success with 32 employees participating and all of the surveys that came back were very positive. Court was adjourned at 10:05 am MEMORIAL MEDICAL CENTER REPORT: Jason Anglin, CEO Memorial Medical Center presented the financial report for the month of July 2013. The hospital had a Net Loss of ($33,068) in July resulting in a year to date loss of ($141,057). Jason feels that the hospitai should have a better August then they did in July. The new boilers have been installed and are up and running. The Human Resources Policies have been updated and are compiete. Memorial Medical Center - Port lavaca, Texas CEO Report August 20, 2013 Financial Results: in July we had a Net loss of ($33,068) resulting in a year to date loss of ($141,057). in reviewing the financials overall revenue is down year to date, however private pay revenue is up resulting in a negative shift in our payer mix. The resulting increase in private pay and recent increase in Medicaid resuits in less overhead reimbursement thru the Medicare cost report. Ultimately, we need to grow more Medicare volume to capture more overhead thru the Medicare cost report. The future addition of the Outpatient Behavior Health program target towards the Medicare patient will heip grow the outpatient Medicare volume. Currently, internally we are working on financial analysis of the addition of a hospitalist program (one of our Waiver 1115 projects to explore). If this program is determined to be feasible, longer term this would help us grow our Inpatient and Medicare Inpatient volumes. UPl Program I Waiver 1115 Program The Outpatient Behavior Health program has now been approved by St. Luke's as a contract thru the Service Organization of Houston. At this time we have an opportunity to submit new projects under the Waiver 1115 (DSRIP) Delivery System Reform Incentive payment program. Thus, we are working on submitting the addition of the behavior health program to also be an additional project under the (DSRIP) Delivery System Reform Incentive payment program. Phvsician update Dr. Fillingane started at MMC in July and Dr. Lincoln started at PLC in August. We held a community reception for Dr. Fillingane and Dr. Lincoln. Invitations were mailed out to all Calhoun County residents. Propertv Update We are targeting to close on the purchase of the property for the new clinic in the next few weeks, perhaps by the end of August. Facilitv Updates: Boilers installation is complete and now waiting for final inspection and certification. Policv updates: After a lot of work and legal review, we have completed updating of our Human Resource policies. Since April of 2012, Laurie Harvey was able to locate 12 Human Resource policies and a myriad of random personnel memos. Today, we have over 70 policies and associated forms used for consistent practices and treatment of all Memorial Medical Center employees. Many of these policies replace outdated practices or memos and meet current regulatory employment laws. The HR manual will now consist offive chapters; Empioyment, Employee Relations, Performance and Discipline, Wage and Salary, and Benefits. Our HR department is now working on the employee handbook. The last several months we have been working on updating the Medical Staff Bylaws and Rules and Regulations. The Med staff bylaws and rules and regulations updates have been approved at the last Medical Staff meeting and are on the Board agenda for approval. Our Emergency Management committee is working on updating our emergency management policies. Next we will be working on updating general administrative policies and reviewing and updating Board bylaws. Information on Board Items: 1. Medical Staff Bvlaws - Updated & approved by medical staff. 2. Medical Staff Rules and Regulations-Updated & approved by medical staff. 3. Board Education - Discussion on recent proposals regarding changing critical access hospital program- See attached articles. 4. Organization Chart- Review of organization chart 5. Nurse Staff Plan - Time for periodic reporting. 6. Closed Session- for Quality Respectfully, ,.~'m Memorial Medical Center Memorial Medical Center CFO Report Month of: JULY 2013 Overview: July financial operations resulted in a net monthly loss of ($33,068). The major categories of gross revenue and reductions of revenue were higher than in June while expenses were lower from the prior month. Statistics: As contrasted to June, operating volumes were higher in almost all areas of operations than the prior month. Patient days were 113 days higher than June but still the 3rd lowest monthly count in 2013. Admissions (up 29 over June), admits through ER (up 27 admits), ADC (up 3.37 patients per day at 11.94), Observation patients / total Observation hours, ICU days and Newborn births were all up over the June totals. Total surgeries and endoscopies were up from the prior month, as were the ancillary departments of Lab, radiology, respiratory therapy and pharmacy. Of all of the normally tracked operating indicators, oniy ER visits and Physical Therapy visits were lower than June's totals. Contrasting the July 2013 TYD indicators to July 2012 YTD totals, most major indicators are running below the indicators at this point. Only Physical therapy, observation patients and hours, outpatient visits, total surgeries (including endoscopies), lab and Respiratory Therapy report higher volumes of activity through July of this year, contrasted with 2012. Balance Sheet: Total cash showed a decrease from the prior month of $536,000. At the end of July MMC had $1,869,150 in operating cash, $150,587 in the new Private Waiver 1115 Clearing Account and $500,000 in CD investments, with a total balance of $2,519,737. This provides total cash on hand of 48.18 days of cash on hand. Excluding the Private Waiver 1115 Clearing Account funds, days cash on hand equals 45.3 days. MMC continues to report a 3rd party receivable (as opposed to a payable, as experienced in parts of 2012). Income Statement: Gross patient revenue showed an increase of $711,370 from June. Reductions of revenue were higher by $386,739 from the prior month. Total expenses were also lower than June of $108,344. It is important to review the changes experienced this year to date in the payer mix, which has a direct impact on the reductions of revenue increases experienced this year. As an example, total charges between 12/31/12 and 7/31/13 increased $313 ,632, or 6.68%. Private pay revenue, our poorest payer, increased $314,333 or 44.34% during that same period. Medicare revenue decreased by ($260,915) or (12.5%). These changes in MMC's payer mix (which can be seen graphically in the Operating Indicators report in this section) hurt MMC's financial operating results, shifting a larger portion of the Accounts Receivable to a poorer payer class and requiring a higher level of reserving for reductions of revenue. Further, the less in Medicare charges, the smaller the amount of MMC's overhead that can be reimbursed through the Medicare Cost Report. Programs and services that will increase the Medicare revenue for MMC will help MMC gain additional Medicare reimbursement of its overhead costs. Year-to-Date, MMC's is reporting a net loss of (141,057). Reminder - 2012 Audit Adjustments: During the month of June, all proposed audit adjustments were recorded. Because these adjustments affect several of the 2012 ending balance sheet amounts, the monthly amounts of the balance sheet categories for 2013 have also been affected and adjusted. These categories include Receivables - Other, Receivable - Estimated 3rd Party Payer Settlement, Property, Plant and Equipment, Accumulated Depreciation, Accounts Payable, Accrued Inter-governmental Transfers, A/P SOH and Long Term Debt, net of current. 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" '" 5 o . . ~ " ~ ~ ~ N ~ ~ o o " g ~ . ~ ~ ~ ~ l ~ Iii. ~ N ~ ~ ~ ~ ~ Z o Z < ffi 'i ~ ~ n ~ Memorial Medical Center Income Statement For the Month Ended July 31, 2013 Current Period Revenue Fiscal Year To Date Actual This Budget This Last Year Month Month Actual Actual VTO BudgetYTD Last Year VTD $1,254,005 $1,379,089 $1,180,761 Inpatient Revenues $8,748,258 $9,653,620 $9,677,742 $3,399,889 $4,234,243 $3,125,860 Outpatlent Revenues $22,947,789 $29,639,703 $22,158,202 $4,653,894 $5,613,332 $4,306,621 Total Patient Revenue $31,696,047 $39,293,323 $31,835,944 Revenue Deductions $2,013,914 $2,703,532 $1,997,116 Contractuals $14,318,221 $18,924,722 $15,787,058 $84,847 $95,068 $104,710 Charity $596,527 $665,476 $550,736 $68,910 $61,338 $32,865 Indigent Care $447,658 $429,366 $174,068 $35,000 -$45,349 -$32,212 Disproportionate Share -$175,000 -$317,442 -$242,924 $765,363 $546,597 $667,556 Bad Debt $4,741,537 $3,826,180 . $4,574,701 $2,968,034 $3,361,186 $2,770,035 Total Revenue Deductions $19,928,943 $23,528,302 $20,843,639 $1,685,860 $2,252,146 $1,536,586 Net Patient Revenue $11,767,103 $15,765,021 $10,992,305 $24,320 $73,227 $61,440 Other Operating Revenue $448,593 $512,590 $283,001 $1,710,180 $2,325,373 $1,598,026 Total Operating Revenue $12,215,697 $16,277,610 $11,275,306 Current Period Operating Expenses Fiscal Year To Date Actual This Budget This last Year Month Month Actual Actual VTo BudgetYTo last Year YTo $663,941 $830,385 $659,919 Salaries & Wages $4,749,938 $5,812,698 $4,614,639 $213,625 $222,030 $176,975 Employee Benefits & PR Taxes $1,438,602 $1,554,211 $1,500,621 $326,496 $565,364 $346,785 Professional Fees $2,416,362 $3,957,547 $2,163,089 $122,098 $180,739 $116,533 Purchased Services: $1,113,517 $1,265,175 $1,084,497 $201,523 $268,073 $205,486 Suppl1es $1,537,632 $1,876,512 $1,456,727 $4,571 $19,368 $5,015 Insurance $27,349 $135,578 $30,820 $36,922 $53,180 $46,921 Utilities $265,452 $372,258 $327,859 $51,992 $131,158 $58,903 Other Expenses $491,068 $918,105 $446,517 $1,621,168 $2,270,298 $1,616,537 Total Operating Expenses $12,039,918 $15,892,084 $11,624,769 $74,270 $109,637 $82,556 Depreciation $549,792 $767,456 $586,837 $1,695,438 $2,379,934 $1,699,093 Total Expenses $12,589,710 $16,659,540 $12,211,606 $14,742 -$54,561 -$101,067 Net Operating Income I (loss) -$374,013 -$381,930 -$936,300 Non Operating Income I {Exp} I $237 $565 $174 Investment Income $4,739 $3,957 $2,130 -$1,258 $0 -$1,886 Interest Expense -$9,916 $0 -$14,284 $0 $2,500 $10,000 Contributions and Grants $0 $17,500 $9,998 -$267,458 -$377,338 -$20,866 tGT Expense -$1,479,986 -$2,641,367 -$293,106 $220,669 $437,168 $212,802 Service Contribution by SOH $1,718,119 $3,060,173 $1,455,145 -$47,810 $62,895 $200,224 Total Non-Operating Revenue $232,956 $440,263 $1,159,883 -$33,068 $8,333 $99,157 Total Net Income I (loss) -$141,057 $58,334 $223,585 -2- ~ r- i'! 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" ~ . s I u c " ~ ~ U ~ " ~ c o ~ ~ U . ~ ~ u * , '0 < MEMORIAL MEDICAL CENTER CAPITAL ACQUISITIONS FOR PERIOD ENDED 7/31/13 MONTH DESCRIPTION I DEPT BUILDING EQUIPMENT TOTAL 01/13 CPSI NT SERVER - DOWN PAYMENT I 4,848 4,848 - CPI- HOSPITAL RENOVATION 2013 4,624 - 4,624 SUB TOTAL JANUARY 4,624 4,848 9,472 02/13 VAPOR PRESSURE OSMOMETER - 8,250 8,250 CPSISERVERINSTALL - 6,750 6,750 CPI - HOSPITAL RENOVATION 2013 909 - 909 SUB TOTAL FEBRUARY 909 15,000 15,909 03/13 CPSI SERVER - 36,886 36,886 CHOLEDOCHOSCOPE - 16,198 16,198 SOPHOS ANTI-VIRUS 3YR AGREEMENT - 10,759 10,759 STERlS AMSCO STERILIZER - 9,750 9,750 MP-EMP FOR MEDICAL CLINIC - 5,500 5,500 CPI- HOSPITAL RENOVATiON 2013 89 - 89 SUB TOTAL MARCH 89 79,093 79,182 04/13 CPI- HOSPITAL RENOVATION 2013 6,543 - 6,543 STERlS AMSCO REFURBISHED STERILIZER - 9,750 9,750 RICOH - DELL POWEREDGE R620 - 72,113 72,113 SUB TOTAL APRIL 6,543 81,863 88,406 05/13 MAMMO PROCESSOR M35A - 9,500 9,500 SUB TOTAL MAY - 9,500 9,500 06/13 CPSI CLINIC SOFTWARE - DOWN PAYMENT - 650 650 CPSI PORTAL UPGRADE - DOWN PAYMENT - 653 653 T-SYSTEMS APPLIANCE - 45,585 45,565 SUB TOTAL JUNE - 46,868.30 46,868.30 07/13 C-ARM GE9900 - 131,152 131,152 MP-EMP FOR MEDICAL CLINIC - 2ND PAYMENT - 28,350 28,350 CPSI PORTAL UPGRADE - 5,880 5,880 SUB TOTAL JULY - 165,382 165,382 TOTAL $ 12,165 $ 402,554 $ 414,719 -6- MEMORIAL MEDICAL CENTER PATIENT ACCOUNTS RECEIVABLE JULY,2013 AGED TRIAL BALANCE: ORIGINAL. Based on time of admission I FINANCIAL CLASS < 30 31 >60 61> 90 91 > 120 > 121 TOTAL MEDICARE $ 1,52S,045 404,304 284,537 1S6,667 607,091 2,977,64S % 51.2% 13.6% 9.6% 5.3% 20.4% 31.6% MEDICAID $ 420,756 109,560 65,818 42,844 283,871 922,849 % 45.6% 11.9% 7.1% 4.6% 30.8% 9.8% BCBS $ S09,201 148,123 115,902 103,747 255,439 1,132,412 % 45,0% 13.1% 10.2% 9.2% 22.6% 12.0% COMMERCIAL $ 627,698 359,520 164,322 189,300 649,419 1,990,259 % 31.5% 18.1% 8.3% 9.5% 32.6% 21.1% PRIVATE $ 615,989 S36,077 422,946 422,839 266,250 2,397,703 % 31.3% 22.4% 17.6% 17.6% 11.1% 25.5%, TOTAL $ 3,832,290 1,557,585 1,053,525 915,399 2,062,071 9,420,869 % 40.7% 16.5% 11.2% 9.7% 21,9% 100.0% NOTE h Amounts and percentages may sum to '+' or '-' 1 and 1% of the total or 100%, respectively, of their particular category due to rounding. AVERAGE DAYS IN PATIENT ACCOUNTS RECEIVABLE: DECEMBER 2012 JANUARY FEBRUARY MARCH APRIL MAY JUNE GROSS 67.52 64.13 62.99 61.48 60.78 64.09 63.69 JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER 65.031 #DIVIO! #DIVIOI #DIVlOI AGED TRIAL BALANCE: CURRENT FINANCIAL CLASS SOURCE: ACCOUNTANT'S REPORT I FINANCIAL CLASS I < 30 31> 60 61> 90 91> 120 > 121 TOTAL MEDICARE $ 1,298,449 274,974 177,391 69,746 278,999 2,099,559 % 61.8% 13.1% 8.4% 3.3% 13.3% 22.2% MEDICAID $ 444,354 127,807 75,389 33,740 242,831 924,120 % 48.1% 13.8% 8.2% 3.7% 26.3% 9.8% BCBS $ 43S,638 80,140 40,951 24,643 31,955 613,327 % 71.0% 13.1% 6.7% 4.0% 5.2% 6.5% COMMERCIAL $ 594,351 329,331 86,851 109,132 306,756 1,426,420 % 41.7% 23.1% 6.1% 7.7% 21.5% 15.1% PRIVATE PAY $ 760,097 68S,110 651,779 680,682 1,144,759 3,922,426 % 19.4% 17.5% 16.6% 17.4% 29.2% 41.5% IN HOUSE $ 440,481 64,117 21,211 3,005 41,908 570,722 % 77.2% 11.2% 3.7% 0.5% 7.3% 6.0% CREDITS $ (114,793) - - - - (114,793) % 100.0% 0.0% 0.0% 0.0% 0.0% -1.2% HOME HEALTH $ - - - - - - % TOTAL 3,8S8,S76 1,561,478 1,053,S71 920,948 2,047,207 9,441,781 % 40.9% 16.5% 11.2% 9.8% 21.7% 100.0% NOTE -- Amounts and percentages may sum to '+' or '-' 1 and 1% of the total or 100%, respectively, of their particular category due to rounding. -7- 21Q cO c3 t:i: M ~~~ 'g~~ "C>. -"l" .~ ~ r;: Ew ~g; ,," 5=~ l1 . ;;: a: w .. 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E ~ ~ 0 0 0 f 0 ~ M 0 n 0 0 0 N ~ M 0." 0 0 0 0 0 0 . . . 0 -1 9- MEMORIAL MEDICAL CENTER CHECK REGISTER 07/01/13 THRU 07/31/13 BANK--CHECK---------------------------------------------------- CODE NUMBER DATE AlIOUNT PAYEE RUN DATE:08/19/13 TUlE:16:29 PAGE 1 GLCKREG --~--------------------------------------------------------------------------------------------------------------------------------- AlP * 153270 07/29/13 31,36CR TOTAL REPAIR EXPRSS L L AlP 153501 07/02113 436.92 ALEXANDRIA RODRIQUEZ AlP 153502 07102113 50.44 CRYSTAL HART AlP 153503 07/02/13 10.00 WENDY LAHEY AlP 153504 07/02113 20.00 CAROL STEWART AlP 153505 07/02113 37.46 SARAH DONNELL AlP 153506 07/02/13 75.00 SANDRA LYNCH AlP 1S3507 07/03/13 109,04 FILTER TECHMOLOGY CO, I AlP 153508 07/03/13 2,041,50 OlmI-PORT LAVACA 07, L, AlP 153509 07/03/13 5,285.00 US FOOD SERVICE AlP 153510 07/03/13 29.33 SClIN SOUND, INC AlP 153511 07/03/13 1,272,42 CENTURION MEDICAL PRODU AlP 153512 07/03/13 241. 78 NUlINCE COmruNICATIONS, AlP 153513 07/03/13 ,00 VOIDED AlP 153514 07/03/13 .00 VOIDED AlP 153515 07/03/13 1,573.58 DEWITT POTH & SON AlP 153516 07103/13 371,89 PRECISION DYNAlIICS CORP AlP 153517 07/03/13 400.00 ItlLLIAlI E HEIKAlIP, TRUS AlP 153518 07/03/13 495.00 WILLIAN E HEITKAlIP, TRU AlP 153519 07/03/13 .00 VOIDED AlP 153520 07/03/13 18,822.10 MORRIS & DICKSON CO, LL AlP 153521 07103/13 168,34 PLATINUM CODE AlP 153522 07/03/13 4,116.23 LUlIINlINT ENERGY COl1PANY AlP 153523 07/03/13 75.00 FAGlIN lINSI1ERING SERVICE AlP 153524 07/03/13 475.00 LIFESOURCE EDUCATIONAL AlP 153525 07/03/13 190.17 STRYKER SUSTAINABILITY AlP 153526 07/03/13 21,554,93 ALLIED BENEFIT SYSTEMS AlP 153527 07/03/13 1,638.89 PHYSICIANS COMPUTER SER AlP 153528 07103/13 1,822,50 JACKSON & CARTER, PLLC AlP 153529 07/03/13 316.00 STAPLES CONTRACT & COI~I AlP 153530 07/03/13 1,956.18 NIGHTINGALE NURSES, LLC AlP 153531 07/03/13 45.00 GULF COAST CONSULTING AlP 153532 07/03/13 1,325,00 SIGN 4, LLC AlP 153533 07/03/13 241. 26 KYLIE GAINES AlP 153534 07/03/13 34.90 GULF COAST HARDWARE I A AlP 153535 07/03/13 65,90 ACTION LUlIBER AlP 153536 07/03/13 124.53 A1,rnRISOURCEBERGEN DRUG AlP 153537 07/03/13 3,679,90 CARDINAL HEALTH AlP 153538 07/03/13 484.70 ARTHROCARE MEDICAL CORP AlP 153539 07/03/13 318.67 BAXTER HEALTHCARE CORP AlP 153540 07/03/13 11,121. 29 BECKlW/ COULTER INC AlP 153541 07/03/13 33,71 CABLE ONE AlP 153542 07/03/13 25.00 CAL COM FEDERAL CREDIT AlP 153543 07/03/13 711. 37 CONl,rnD CORPORATION AlP 153544 07/03/13 4,219.01 CPSI AlP 153545 07/03/13 1,368,69 DR, WILLIAlI J. CROWLEY AlP 153546 07/03/13 655,84 SIEMENS HEALTHCARE DIAG AlP 153547 07/03/13 202.90 AllY DAY AlP 153548 07/03/13 405,00 ENU SERVICES INC AlP 153549 07/03/13 39.55 STACIE EPLEY -20- MEMORIAL MEDICAL CENTER CHECK REGISTER 07/01/13 THRU 07/31/13 BANK--CHECK---------------------------------------------------- CODE NUlJEER DATE AlI0UIIT PAYEE RUN DATE:08/19/13 TIME:16,29 PAGE 2 GLCKREG ------------------------------------------------------------------------------------------------------------------------------------ AlP 153550 07/03/13 185.41 JOE A FALCON AlP 153551 07/03/13 40.00 FIRESTONE OF PORT LAVAC AlP 153552 07/03/13 3,685.92 FISHER HEALTHCARE AlP 153553 07/03/13 100,00 GULF COAST DELIVERY AlP 153554 07/03/13 123.31 GRAPHIC CONTROLS LLC AlP 153555 07/03/13 267.42 GULF COAST PAPER COMPAN AlP 153556 07/03/13 339,70 H E BUTT GROCERY AlP 153557 07/03/13 38.26 INDEPENDENCE !IEDICAL AlP 153558 07/03/13 1,167.79 INFOLAB INC AlP 153S59 07/03/13 2,255,08 WERFEN USA LLC AlP 153560 07/03/13 63,41 IVANS AlP 153561 07/03/13 1,038.73 J & J HEALTH CARE SYSTE AlP 153562 07/03/13 330.00 SHELLY JENNINGS AlP 153563 07/03/13 61.00 LOME'S HOME CENTERS INC AlP 153564 07/03/13 1,327,80 HEDRAD mc AlP 153565 07/03/13 1,106.89 HERRY X-RAY/SOURCEONE H AlP 153566 07/03/13 186.00 HEDIVATORS AlP 153567 07/03/13 3,000,00 NUTRITION OPTIONS AlP 153568 07/03/13 320.71 PATRICIA OWEN AlP 153569 07/03/13 5,510.89 OWENS & HINOR AlP 153570 07/03/13 207.00 PITNEY BO\~S INC AlP 153571 07/03/13 9.90 POWER ELECTRIC AlP 153572 07/03/13 355,00 R G & ASSOCIATES INC AlP 153573 07/03/13 890.00 RADIOLOGY UNLIIUTED, PA AlP 153574 07/03/13 334.44 DIAGNOSTICA STAGO, mc. AlP 153575 07/03/13 145.32 SERVICE SUPPLY OF VICTO AlP 153576 07/03/13 271. 87 SIEHENS INDUSTRY, INC AlP 153577 07/03/13 697,58 SIEMENS MEDICAL SOLUTIO AlP 153578 07/03/13 1,033.76 SYSCO FOOD SERVICES OF AlP 153579 07/03/13 344.92 STERIS CORPORATION AlP 153580 07/03/13 625,81 TLC STAFFING AlP 153581 07/03/13 5,814.00 TEXAS IIDTUAL INSURANCE AlP 153582 07/03/13 165.17 TG AlP 153583 07/03/13 61.63 UNIFIRST HOLDINGS AlP 153584 07/03/13 2,376,77 UNIFIRST HOLDINGS INC AlP 153585 07/03/13 47.83 UNITED AD LABEL CO INC AlP 153586 07/03/13 749,88 UPS AlP 153587 07/03/13 58,50 UNITED WAY OF CALHOUN C AlP 153588 07/03/13 284.43 VERIZON SOUTHWEST AlP 153589 07/03/13 145,57 VERIZON WIRELESS AlP 153590 07/03/13 473.80 \qALHART COI!!IUNITY AlP 153591 07/03/13 2,373,67 WATErolARK GRAPHICS INC AlP 153592 07/03/13 140.00 WELCH ALLYN INC AlP 153593 07/03/13 228.93 GRAINGER AlP 153594 07/03/13 607.38 WOLTERS KLUWER HEALTH, AlP 153595 07/03/13 50,00 CARLTON K HOPPER AlP 153596 07/03/13 12.00 !IARY KAY BELTER AlP 153597 07/03/13 623,15 BCBS/HEALTHCARE SRV COR AlP 153598 07/03/13 3,231.27 UNITED HEALTHCARE AlP 153599 07/03/13 108,10 RONNIE D SALENA AlP 153600 07/03/13 272.00 RYAN HAYNES -21- MEWORIAL MEDICAL CENTER CHECK REGISTER 07/01/13 THRU 07/31/13 BANK--CHECK---------------------------------------------------- CODE NUIlBER DATE AIlOUN'! PAYEE RuN DATE.08/19/13 TlME.16.29 PAGE 3 GLeKREG ~M_______MM___________________________________________------------------------------------------------------------------------------ AlP 153601 07/03/13 50.00 ERIKA ROJAS AlP 153602 07/03/13 26.52 BILLIE R WOOLDRIDGE AlP 153603 07103/13 129.93 ALBERT I1AYER AlP 153604 07/03/13 47.83 NICKI GREGG AlP 153605 07103/13 15.92 GERMAINE l~YERS AlP 153606 07103/13 34,43 ROGERIO VILLARREAL AlP 153607 07/03/13 34.51 MICHAEL GRESHA!~ AlP 153608 07103/13 87.92 CHRISTINE ~U\YER AlP 153609 07103/13 76.04 SHARON RAU AlP 153610 07/03/13 119,01 DEANN THOWPSON AlP 153611 07103/13 126,00 JEANNE LANGE AlP 153612 07/03/13 14,01 APRIL SNYDER AlP 153613 07/03/13 83.21 JENNl1AW WONG AlP 153614 07/03/13 26.29 MARY ELLEN STOFFEL AlP 153615 07103/13 45.00 CARLTON K HOPPER AlP 153616 07/03/13 16.11 LIKlIEN CHEN AlP 153617 07/03/13 28.23 AUDELIA SANCHEZ AlP 153618 07103/13 137.40 KELLY ~U\CHICEK AlP 153619 07103/13 16.00 THE ESTATE OF CLARENCE AlP 153620 07/03/13 69.46 JUANITA C FUENTEZ AlP 153621 07103/13 271.00 PATRICK GARNER AlP 153622 07103/13 85,00 BENITO RESENDIZ AlP 153623 07/03/13 272,00 ALEJANDRII1A ESCALANTE AlP 153624 07/03/13 95.34 ELENA MARTINEZ AlP 153625 07/03/13 63,19 REALTHCARE SERVICE CORP AlP 153626 07/12/13 4,203,25 US FOOD SEHVICE AlP 153627 07/12/13 4,120.47 T&R WECllANlCAL AlP 153628 07/12/13 30,63 HEALTH CARE LOGISTICS I AlP 153629 07/12/13 208.33 JENISE SVETLIK AlP 153630 07112/13 864.00 CENTURION WEDICAL PRODU AlP 153631 07/12/13 702,05 DElf.[TT POTH & SON AlP 153632 07/12113 205.00 PRECISION DYNAWICS CORP AlP 153633 07/12/13 708.88 JOHNGSELF ASSOCIATES IN AlP 153634 07112/13 3,012,50 BR HEALTHCARE SERVICES AlP 153635 07112/13 241.79 JASON ANGLIN AlP 153636 07112/13 1,968,00 BIONET INC AlP 153637 07/12/13 1,070.20 ALLIED WASTE SERVICES # AlP 153638 07/12113 1,350,05 BKD, LLP AlP 153639 07/12/13 241. 63 CAREFUSION 2200, INC AlP 153640 07112/13 725.00 SIGN AD, LTD, AlP 153641 07112/13 164.98 LAURIE HARVEY AlP 153642 07/12113 211. 29 STRYKER SUSTAINABILITY AlP 153643 07112/13 2,127,38 LeA BANK CORPORATION AlP 153644 07112/13 64,379.23 ~n~c ENPLOYEE BENEFIT PL AlP 153645 07112/13 3,807.34 NIGHTINGALE NURSES, LLC AlP 153646 07/12/13 76.64 ABBOTT LABORATORIES AlP 153647 07/12/13 79.47 GULF COAST HARDWARE I A AlP 153648 07112/13 277,49 APPLIED CARDIAC SYSTEWS AlP 153649 07/12/13 990.58 AIRGAS-SOUTm~ST AlP 153650 07/12/13 599.50 CARDINAL HEALTH AlP 153651 07112113 121. 03 ANTEC -22- ~mMORIAL MEDICAL CENTER CHECK REGISTER 07/01/13 THRU 07/31/13 BANK--CHECK---------------------------------------------------- CODE NUMBER DATE MIOlrnT PAYEE RUN DATE:08/19/13 Tnm:16:29 PAGE 4 GLCKREG ------~----------------------------------------------------------------------------------------------------------------------------- AlP 153652 07/12/13 AlP 153653 07/12/13 AlP 153654 07/12/13 AlP 153655 07/12/13 AlP 153656 07/12/13 AlP 153657 07/12/13 AlP 153658 07/12/13 AlP 153659 07/12/13 AlP 153660 07/12/13 AlP 153661 07/12/13 AlP 153662 07/12/13 AlP 153663 07/12/13 AlP 153664 07/12/13 AlP 153665 07/12/13 AlP 153666 07/12/13 AlP 153667 07/12/13 AlP 153668 07/12/13 AlP 153669 07/12/13 AlP 153670 07/12/13 AlP 153671 07/12/13 AlP 153672 07/12/13 AlP 153673 07/12/13 AlP 153674 07/12/13 AlP 153675 07/12/13 AlP 153676 07/12/13 AlP 153677 07/12/13 AlP 153678 07/12/13 AlP 153679 07/12/13 AlP 153680 07/12/13 AlP '153681 07/12/13 AlP 153682 07/12/13 AlP 153683 07/12/13 AlP 153684 07/12/13 AlP IS3685 07/12/13 AlP 153686 07/12/13 AlP 153687 07/12/13 AlP 153688 07/12/13 AlP 153689 07/12/13 AlP 153690 07/12/13 AlP 153691 07/12/13 AlP 153692 07/12/13 AlP 153693 07/12/13 AlP 153694 07/12/13 AlP 153695 07/12/13 AlP 153696 07/12/13 AlP 153697 07/12/13 AlP 153698 07/12/13 AlP 153699 07/12/13 AlP 153700 07/12/13 AlP' 153701 07/12/13 AlP 153703 07/12/13 251. 68 46.35 744.00 566.16 827.34 795.00 10,345.01 28.00 426.85 942.00 918.23 325,02 1,840.67 32.73 200.00 101. 57 658.11 396.66 11. 87 219,41 259.98 1,891.00 24.86 2,792.16 537,26 908,99 186,40 510.00 152.00 569.42 932.05 439.46 6,135.33 125.26 13,78 153.54 725.00 50,85 7.53 1,400.99 4,504,00 1,008.05 818,99 26,685.97 9,874.50 137.90 61.63 2,789,05 112,23 49.60 171.75 C R BARD INC BAXTERHEALTHCARE CORP BOSTON SCIENTIFIC CORPO BRIGGS HEALTHCARE BUCKEYE CLEANING CENTER C- D ELECTRIC CALHOUN COlrnTY CALHOUN COlrnTY WASTE MG CENTRAL DRUGS CYGNUS MEDICAL LLC CDW GOVERNMENT, INC. CPSI DR. WILLIAM J. CROWLEY D'S OUTDOOR POWER EQUIP MONICA ESCALANTE EI~PI FISHER HEALTHCARE GE HEALTHCARE GETINGE USA GULF COAST PAPER COMPAM H E BUTT GROCERY HILL-ROM COMPANY, INC INDEPENDENCE l,mDICAL INFOLAS INC WERFEN USA LLC J & J HEALTH CARE SYSTE J,A, I1AJORS KONICA MINOLTA MEDICAL MEDTRONIC USA, INC. MERRY X-RAY/SOURCEONE H MEDIVATORS ON-SITE TESTING SPECIAL O\1ENS & l.JINOR POLYI~EDCO INC. PRAXAIH DISTRIBUTION IN PROGRESSIVE DYNM~ICS ME RED HAWK SEARS SHERWIN WILLIMIS SYNTHES USA SALES SO TEX BLOOD & TISSUE C STRYKER SALES CORP SYSCO FOOD SERVICES OF TEM~ REHAB TOSHIBA AMERICA ~mDICAL TEXAS WIRED HUSIC INC UNIFIRST HOLDINGS UNIFIRST HOLDINGS INC VERIZON SOUTHWEST THE VICTORIA ADVOCATE PAN M~ERICAR LIFE INSUR -23- MEMORIAL MEDICAL CENTER CHECK REGISTER 07/01/13 THRU 07/31/13 BANK--CHECK---------------------------------------------------- CODE NUlIBER DATE AlIOUNT PAYEE RUM DATE:08/19/13 TIME:16:29 PAGE 5 GLCKREG ------------------------------------------------------------------------------------------------------------------------------------ AlP 153704 07/12/13 26,214,BB UNITED HEALTHCARE AlP 153705 07/12/13 556.65 TRICAREIPGBA, LLC AlP 153706 07/12113 1,447,56 BLUE CROSS BLUE SHIELD AlP 153707 07/12/13 89,55 ROBERT E JONES AlP 153708 07/12/13 1,805.00 LLOYD HAMILTON AlP 153709 07/12/13 167,87 PATRICIA LAWSON AlP 153710 07/12/13 28.08 THO!IAS KING AlP 153711 07/12/13 89.S5 STEPHEN J KASPER AlP 153712 07/12/13 67.67 YONAS TESFU AlP 153713 07/12/13 100,00 RICHARD HODGES AlP 153714 07/12/13 100,00 DEBRA JO BOYD AlP 153715 07/12/13 25.00 GARRETT WAYN SPRAGGINS AlP 153716 07/12/13 300.00 WANDA J REDDING AlP 153717 07/12/13 100.00 LEAH SUAREZ AlP 153718 07/12/13 100.00 JOANNA FLORES AlP 153719 07/12/13 54.20 RICHARD HODGES AlP 153720 07/12/13 63.39 DONALD S THEDFORD AlP 153721 07/12/13 376,57 BLUE CROSS BLUE SHIELD AlP 153722 07/12/13 55.75 HUI'IANA HEALTHCARE FUNDS AlP 153723 07/17/13 25.00 DR CHARLES FILLINGAME AlP 153724 07/17/13 22,00 CALHOUN COUNTY AlP 1S3725 07/17/13 10.0.0 INTERNATIONAL BANK OF C AlP 153726 07/19/13 54.47 FILTER TECHNOLOGY CO, I AlP 153727 07/19/13 11,001. 20 OMNI-PORT LAVACA 07, L. AlP 153728 07/19/13 80.00 CHRIS KOVAREK AlP 153729 07/19/13 3,867.57 US FOOD SERVICE AlP 153730 07/19/13 277 . 50 ATRIUI! I!EDICAL CORP AlP 153731 07/19/13 750.00 JAMES A DANIEL AlP 153732 07/19/13 9,166.67 HITACHI MEDICAL SYSTEMS AlP 153733 07/19/13 1,095,20 CENTURION MEDICAL PRODU AlP 153734 07/19/13 389.02 DElrITT POTH & SON AlP 153735 07/19/13 354.28 PRECISION DYNAI!ICS CORP AlP 153736 07/19/13 350.00 WILLIAl! E HElKAMP, TRUS AlP 153737 07/19/13 495,00 WILLIAI! E HEITKAlIP, TRU AlP 153738 07/19/13 2,697,00 ROY ALLEN MARTIN AlP 153739 07/19/13 .00 VOIDED AlP 153740 07/19/13 20,559,11 MORRIS & DICKSON CO, LL AlP 153741 07/19/13 600.00 TELE-PHYSICIANS, P,A, ( AlP 153742 07/19/13 42,14 QUEST DIAGNOSTICS AlP 153743 07/19/13 8,47 GLADEWATER TAX OFFICE AlP 153744 07/19/13 150,000.00 PRIVATE WAIVER CLEARING AlP 153745 07/19/13 4,529.30 CLINICAL PATHOLOGY AlP 153746 07/19/13 3,177.00 HEALTHCARE CODING & CON AlP 153747 07/19/13 11,298,15 Ml!C EMPLOYEE BENEFIT PL AlP 153748 07/19/13 1,170.00 PHYSICIANS COMPUTER SER AlP 153749 07/19/13 7,257.41 ACI/BOLAND, INC. AlP 153750 07/19/13 457.88 GNR HEALTH SYSTEMS INC AlP 153751 07/19/13 1,540,00 !,IAGNOLIA BEACH BUNGALOl'/ AlP 153752 07/19/13 5,671.62 NIGHTINGALE NURSES, LLC AlP 153753 07/19/13 3,129,00 MCGAN TECHNOLOGY, LLC AlP 153754 07/19/13 8,267.64 ACCLARENT, INC. -24- MEMORIAL MEDICAL CENTER CHECK REGISTER 07/01/13 THRU 07/31/13 BAMK--CHECK---------------------------------------------------- CODE NtIIIBER DATE AMOUNT PAYEE Run DATE.08/19/13 TnlE:16:29 PAGE 6 GLCKREG _________~W~~_____________M___________________________------------------------------------------------------------------------------ AlP 153755 07/19/13 200.00 DAKOTA NOVAK AlP 153756 07/19/13 231.45 GULF COAST HARDWARE I A AlP 153757 07/19/13 1,058.08 A1mRISOURCEBERGEN DRUG AlP 153758 07/19/13 636.00 ALCON LABORATORIES INC AlP 153759 07/19/13 2,404.53 AIRGAS-SOUTm~ST AlP 153760 07/19/13 436,25 BAXTER HEALTHCARE CORP AlP 153761 07/19/13 825.51 BECKHAM COULTER INC AlP 153762 07/19/13 176.48 BUCKEYE CLEAIIING CENTER AlP 153763 07/19/13 125,00 CORPUS CHRISTI PROSTHET AlP 153764 07/19/13 25.00 CAL COM FEDERAL CREDIT AlP 153765 07/19/13 403.10 CALHOUN COUNTY AlP 153766 07/19/13 170.00 COMPUTER COI~ CORPOR AlP 153767 07/19/13 3,596.74 CDW GOVERNlIENT, INC, AlP 153768 07/19/13 19,978.62 CPSI AlP 153769 07/19/13 6,945,39 SIEMENS HEALTHCARE DIAG AlP 153770 07/19/13 51.50 DO~INTOWN CLEANERS AlP 153771 07/19/13 159.93 DLE PAPER << PACKAGING AlP 153772 07/19/13 29.90 DYNATRONICS CORPORATION AlP 153773 07/19/13 441. 79 ELECTRONIC DIAGNOSTIC << AlP 153774 07/19/13 38,60 FEDERAL EXPRESS CORP. AlP 153775 07/19/13 530.00 FORT BEND SERVICES, INC AlP 153776 07/19/13 65,54 GETINGE USA AlP 153777 07/19/13 393,71 GULF COAST PAPER COMPAII AlP 153776 07/19/13 139.45 H E BUTT GROCERY AlP 153779 07/19/13 155,65 HEALTHMARK INDUSTRIES C AlP 153760 07/19/13 76.44 INDEPENDENCE MEDICAL AlP 153761 07/19/13 756.63 INFOLAB mc AlP 153762 07/19/13 496,67 J << J HEALTH CARE SYSTE AlP 153763 07/19/13 1,261. 30 SHIRLEY KARMEI AlP 153764 07/19/13 162,50 LABCORP OF AMERICA HOLD AlP 153765 07/19/13 121,52 LANGUAGE LINE SERVICES AlP 153766 07/19/13 449.95 LIPPINCOTT WILLI~1S << W AlP 153767 07/19/13 495,15 lIDKS PLill1BmG PARTS AlP 153786 07/19/13 1,062,24 MEDRAD INC AlP 153769 07/19/13 152.00 NEDTRONIC USA, INC. AlP 153790 07/19/13 1,016,33 HERRY X-RAY/SOURCEONE H AlP 153791 07/19/13 3,674.43 OI~NS << MINOR AlP 153792 07/19/13 400.50 PORT LAVACA WAVE AlP 153793 07/19/13 1,200.00 U S POSTAL SERVICE AlP 153794 07/19/13 36.95 POWER ELECTRIC AlP 153795 07/19/13 302.10 R G << ASSOCIATES mc AlP 153796 07/19/13 1,355.00 RADIOLOGY UNLIMITED, PA AlP 153797 07/19/13 647,30 RECEIVABLE I1ANAGEMENT, AlP 153796 07/19/13 350.35 DIAGNOSTICA STAGO, INC. AlP 153799 07/19/13 80,31 SEARS AlP 153600 07/19/13 6,000.00 SOUTHEAST TEXAS HEALTH AlP 153601 07/19/13 6,240.00 SO TEX BLOOD & TISSUE C AlP 153602 07/19/13 64,07 SOUTm~ST TEXAS EQUIPME AlP 153603 07/19/13 914.67 SYSCO FOOD SERVICES OF AlP 153804 07/19/13 473.56 STERICYCLE, mc AlP 153805 07/19/13 60.00 TEXAS DEPARTMENT OF LIC -25- RUN DATE:OB/19/13 TIME:16:29 MEMORIAL MEDICAL CENTER CHECK REGISTER 07/01/13 THRU 07/31/13 BANK--CHECK---------------------------------------------------- CODE NUMBER DATE Al~OUNT PAYEE PAGE 7 GLCKREG ------------------------------------------------------------------------------------------------------------------------------------ AlP 153806 07/19/13 194,28 TG AlP 153807 07/19/13 49,672.00 T-SYSTEM, INC, AlP 153808 07/19/13 63.53 UNIFIRST HOLDINGS AlP 153809 07/19/13 2,595.07 UNIFIRST HOLDINGS INC AlP 153810 07/19/13 6,23 UNITED AD LABEL CO INC AlP 153811 07/19113 58.50 UNITED WAY OF CALHOUN C AlP 153812 07/19/13 123.91 SUE WILLIAlIS AlP 153813 07/19/13 942,68 GRAINGER AlP 153814 07/19/13 29,60 YOUNG PLUHBING CO AlP 153815 07/19/13 15,000.00 TEAll REHAB AlP 153816 07/25/13 2,626.S8 PHILIPS HEALTHCARE AlP 153817 07/25/13 199,95 CAL SCIENTIFIC, INC AlP 153818 07/25/13 4,031.02 US FOOD SERVICE AlP 153819 07/25/13 2,073.57 PRINCIPAL LIFE AlP 153820 07/25/13 22,688,57 SUNTRUST EQUIPHENT FINA AlP 153821 07/25/13 18.37 JENISE SVETLIK AlP 153822 07/25/13 582.20 CENTURION MEDICAL PRODU AlP 153823 07/25/13 5,380,00 ROY ALLEN lUUlTIN AlP 153824 07/25/13 7,62 MORRIS I< DICKSON CO, LL AlP 153825 07/25/13 234.04 CENTURYLINX AlP 153826 07/25/13 131,152.00 GE HEALTHCARE OEC AlP 153827 07/25/13 458.33 INNOVATIVE X-RAY SERVIC AlP 153828 07/2S/13 209.95 AllliISURE INTERNATIONAL, AlP 153829 07/25/13 495.00 FASTHEALTH CORPORATION AlP 153830 07/25/13 162,73 AUSTIN HEDICAL PRACTICE AlP 153831 07/25/13 525.46 LAURIE HARVEY AlP 153832 07/25/13 295,00 OSCAR TORRES AlP 153833 07/25/13 140,00 WAGEWORKS AlP 153834 07/25/13 770.00 HAGNOLIA BEACH BUNGALOW AlP 153835 07/25/13 3,846.72 NIGHTINGALE NURSES, LLC AlP 153836 07/25/13 100.00 NOVA BIOHEDICAL AlP 153837 07/25/13 23.50 ASHLEY HASDORFF AlP 153838 07/25/13 562.54 ANDERSON CONSULTATION S AlP 153839 07/25/13 70,19 AIRGAS-SOUTH\'mST AlP 153840 07/25/13 2,870.55 AFLAC AlP 153841 07/25/13 54.66 BARD PERIPHERAL VASCULA AlP 153842 07/25/13 2,957,50 BAXTER HEALTHCARE CORP AlP 153843 07/25/13 15,302.68 BECKMAN COULTER INC AlP 153844 07/25/13 637.00 CARLE ONE AlP 153845 07/25/13 496.00 CAD SOLUTIONS, INC AlP 1S3846 07/25/13 720,81 HICHAEL CAUGHRON AlP 153847 07/25/13 1,100.00 SUDDENLINX MEDIA AlP 153848 07/25/13 9,845,20 CPSI AlP 153849 07/25/13 250.00 SIEMENS HEALTHCARE DIAG AlP 153850 07/25/13 24,80 Dm1NTOlm CLEANERS AlP 153851 07/25/13 3,170.00 EDWARDS PLUMBING INC AlP 153852 07/25/13 729.42 FISHER HEALTHCARE AlP 153853 07/25/13 530.00 FORT BEND SERVICES, INC AlP 153854 07/25/13 4,201. 06 GE HEALTHCARE AlP 1S3855 07/25/13 572.71 GULF COAST PAPER COl1PAN AlP 153856 07/25/13 282.15 H E BUTT GROCERY -26- MEMORIAL MEDICAL CENTER CHECK REGISTER 07/01/13 THRU 07/31/13 BANK..CHECK------.....-------..----.----------.-------------.-. CODE NUlmER DATE AII0Ulll PAYEE RUN DATE:OB/19/13 TIME:16.29 PAGE 8 GLCKREG ------------------------------------------------------------------------------------------------------------------------------------ AlP 153857 07/25/13 174,52 HEALTHIIARK INDUSTRIES C AlP IS3858 07/25/13 281.91 HILL-ROM COMPANY, INC AlP 153859 07/25/13 12,93 INDEPENDENCE MEDICAL AlP 153860 07/25/13 8,914.07 RICOH USA, INC, AlP - 153861 07/25/13 865.2S INFOLAB mc AlP 153862 07/25/13 1,264,14 J & J HEALTH CARE SYSTE AlP 153863 07/25/13 51.55 KRAI-IES AlP 153864 07/25/13 265.28 TERESA NILLER AlP 153865 07/25/13 139,96 MMC AUXILIARY GIFT SHOP AlP 153866 07/25/13 258,52 METLIFE AlP 153867 07/25/13 .00 VOIDED AlP 153868 07/25/13 6,911.06 OWENS & MINOR AlP 153869 07/25/13 5,625.00 PREMIER SLEEP DISORDERS AlP 153870 07/25/13 1,291. 00 PITNEY BOWES INC AlP 153871 07/25/13 325.00 RADIOLOGY UNLIMITED, PA AlP 153872 07/25/13 175.47 SHERWIN WILLI MIS AlP 153873 07/2S/13 1,529.83 SIENENS MEDICAL SOLUTIO AlP IS3874 07/25/13 780,08 SYSCO FOOD SERVICES OF AlP 153875 07/2S/13 387.58 TLC STAFFING AlP 153876 07125/13 4,807.32 UNUJ.l LIFE INS CO OF MIE AlP 153877 07/25/13 61.63 UNIFIRST HOLDINGS AlP 153878 07/25/13 2,563,23 UNIFIRST HOLDINGS INC AlP 153879 07/2S/13 112.65 UTAH MEDICAL PRODUCTS I AlP 153880 07125/13 1,950.82 VERIZON SOUTHWEST AlP 153881 07/25/13 24,80 THE VICTORIA ADVOCATE AlP 153882 07/25/13 450,00 CARMEN C. ZAPATA-ARROYO AlP 153883 07/25/13 150.00 PATRICIA HERREN AlP 153884 07/25/13 115,85 ANN !ICFARLAIID AlP 153885 07/25/13 114.11 MARGO THORN AlP 153886 07/25/13 1,007,80 HIGHllARK BLUE SHIELD AlP 153887 07/25/13 104.30 IWlGO THORN AlP 153888 07/25/13 50.00 BONNIE LYNN OLIVIER AlP 153889 07/25/13 831.00 HIGHllARK BLUE SHIELD AlP 153890 07/25/13 48.00 MARIO RAlUREZ AlP 153891 07125/13 52,08 SARAH SPENCER AlP 153892 07/25/13 75.00 SAllAllTHA STARRETT AlP 153893 07/2S/13 177.85 TIANA S!IITH AlP 153894 07/25/13 370,66 TAYLOR NOVAK AlP 153895 07/25/13 100.00 SCOTT !lURRAY AlP 153896 07/25/13 680,00 DINA II SANCHEZ AlP 153897 07/25/13 30.00 MELODY J VICKERY AlP 153898 07/25/13 25,00 MICHELLE RENE MCAFEE AlP 153899 07/25/13 1,125.98 BLUE CROSS BLUE SHIELD AlP 153900 07/25/13 357.70 DARLA mLLER AlP 153901 07/25/13 105,38 ROBERT HARN AlP 153902 07/25/13 100.00 BETTY DIETRICH AlP 153903 07/25/13 50,00 RICHARD DOUGLAS STEVENS AlP 153904 07/25/13 300.00 HERNAN GALEAS AlP 153905 07/25/13 27.31 ALONSO ESCM'lUELA AlP 153906 07/25/13 34.11 LACY VICKERY AlP 153907 07/25/13 62.00 TRINH KIM NGUYEN -27- RuN DATE:OB/19/13 TII1E:16:29 MEMORIAL MEDICAL CENTER CHECK REGISTER 07/01/13 THRU 07/31/13 BANK--CHECK---------------------------------------------------- CODE NUMBER DATE AlIOUNT PAYEE PAGE 9 GLCKREG ------------------------------------------------------------------------------------------------------------------------------------ AlP 153908 07/25/13 AlP 153909 07/25/13 AlP 153910 07/25/13 AlP 153911 07/25/13 AlP 153912 07/25/13 AlP 153913 07/25/13 AlP 153914 07/25/13 AlP 153915 07/25/13 AlP 153916 07/25/13 AlP 153917 07/25/13 AlP 153918 07/25/13 All! .L~j~b ()//25d3 AlP 153920 07/25/13 AlP 153921 07/25/13 AlP 153922 07/31/13 AlP 153923 07/31/13 AlP 153924 07131113 AlP 153925 07/31/13 AlP 153926 07/31/13 AlP 153927 07/31/13 AlP 153928 07/31/13 AlP 153929 07/31/13 AlP 153930 07131/13 AlP 153931 07/31/13 AlP 153932 07/31/13 AlP 153933 07131/13 AlP 153934 07/31/13 AlP 153935 07/31/13 AlP 153936 07/31/13 AlP 153937 07/31/13 AlP 153938 07/31/13 AlP 153939 07131/13 AlP 153940 07/31/13 AlP 153941 07131113 AlP 153942 07/31/13 AlP 153943 07/31/13 AlP 153944 07/31/13 AlP 153945 07/31/13 AlP 153946 07/31/13 AlP 153947 07/31/13 AlP 153948 07/31/13 AlP 153949 07/31/13 AlP 153950 07/31/13 AlP 153951 07/31/13 AlP 153952 07/31/13 AlP 153953 07/31/13 AlP 153954 07/31/13 AlP 153955 07/31/13 AlP 153956 07/31/13 AlP 153957 07/31/13 AlP 153958 07/31/13 106.40 CARTER WILLIAlIS 209,86 STEPHEN WILSON 13.53 JUNGYING SU 90,00 IUUlIE A EVANS 120,31 VERONICA KELLER 258,21 JASON BENAVIDES 126.00 DANA DWORACZYJ( 23.87 JANE WISE 98.33 NANCY BOI1ERS 67.33 ALYSHA DIAZ 425.46 llARIA HERNANDEZ 61l-;25---;lNTHtE'M:Jl.(JWllER 20,43 PHUOC HAl LE 468,17 JOHN BERTERO 47,24 CUSTOM I~DICAL SPECIALT 180.70 ERBE USA INC SURGICAL S S,012,38 US FOOD SERVICE 189,96 JENISE SVETLIK 156.34 CENTURION MEDICAL PRODU 257.06 PRECISION DYN~1ICS CORP 350,00 WILLI~1 E HEIKM1P, TRUS 495.00 WILLI~1 E HEITKM1P, TRU 4,076,68 VISA 5,055,96 GE HEALTHCARE IITS USA 6,507.07 ALERE NORTH ~1ERICA INC ,00 VOIDED 12,023.77 NORRIS & DICKSON CO, LL 17,275,00 CPP WOUND CARE #28,LLC 32,448.71 NOBLE ~1ERICAS ENERGY 492.46 CAREFUSION 2200, INC 36,80 STRYKER SUSTAINABILITY 155,862.41 IU1C EMPLOYEE BENEFIT PL 20,826,79 ALLIED BENEFIT SYSTEMS 4,256.00 HEALTHSTRE~1, INC, 1,890,54 NIGHTINGALE NURSES, LLC 143.85 PAll RUDDICK 42,89 GULF COAST HARDWARE I A 90.60 ACTION LUMBER 631,19 ~1ERISOURCEBERGEN DRUG 5,835,00 ADT-AUSTIN 165.00 ADVERTISING ON AIR 395,00 ARROW INTERNATIONAL INC 1,519.05 BAXTER HEALTHCARE CORP 8,166.94 BEC~1hN COULTER INC 215.00 BOSTON SCIENTIFIC CORPO 37.38 CABLE ONE 25.00 CAL COM FEDERAL CREDIT 6,429.00 CITY OF PORT LAVACA 237,50 COMPUTER COIU~ CORPOR 106,44 CDW GOVER]U1ENT, INC. 40,527.83 CPSI -28- MEMORIAL !~DICAL CENTER CHECK REGISTER 07/01/13 THRU 07/31/13 BANK--CHECK---------------------------------------------------- CODE NUMBER DATE AMOUNT PAYEE RUN DATE,08/19/13 TIME,16,29 PAGE 10 GLCKREG ______~~M_____________________________________________------------------------------------------------------------------------------ AlP 153959 07/31/13 400.00 PATRICIA DIEBEL AlP 153960 07/31/13 45.00 DIVERSIFIED BUSINESS SY AlP 153961 07/31/13 2,503.37 FISHER HEALTHCARE AlP 153962 07/31/13 187.85 GULF COAST PAPER COMPAM AlP 153963 07/31/13 422.02 H E BUTT GROCERY AlP 153964 07/31/13 51.79 INDEPENDEMCE MEDICAL AlP 153965 07/31/13 1,049,36 INFOLAB IMC AlP 153966 07/31/13 317.00 J & J HEALTH CARE SYSTE AlP 153967 07/31/13 102.70 M, C. JOHMSOM COl!PANY IN AlP 153968 07/31/13 797.30 SHIRLEY KARNEI AlP 153969 07/31/13 311.15 LOWE' S HOl~ CENTERS INC AlP 153970 07/31/13 403.85 MEDIVATORS AlP 153971 07/31/13 3,000.00 NUTRITION OPTIOMS AlP 153972 07/31/13 141. 28 PATRICIA OWEN AlP 153973 07/31/13 3,600,74 OWENS & !IINOR AlP 153974 07/31/13 653.11 PCI! SALES, INC. AlP 153975 07/31/13 12.86 POWER ELECTRIC. AlP 153976 07/31/13 68.77 PROGRESSIVE DYNAMICS !~ AlP 153977 07/31113 67.58 PROGRESSIVE MEDICAL INT AlP 153978 07/31/13 229.60 R G & ASSOCIATES IMC AlP 153979 07131/13 27.56 RED HAWK AlP 153980 07/31/13 645,00 RADIOLOGY um.UIITED, PA AlP 153981 07/31/13 137.98 SIEMENS WATER TECHNOLOG AlP 153982 07/31/13 96.99 SERVICE SUPPLY OF VICTO AlP 153983 07/31/13 56.63 SHERlr.rN WILLIAMS AlP 153984 07/31/13 110,00 SHIP SHUTTLE TAXI SERVI AlP 153985 07/31/13 320.00 STANFORD VACUUlI SERVICE AlP 153986 07/31/13 652,21 SYSCO FOOD SERVICES OF AlP 153987 07/31/13 163.11 TG AlP 153988 07/31/13 61.63 UNIFIRST HOLDINGS AlP 153989 07/31/13 14.99 UNIFORl! ADVANTAGE AlP 153990 07/31/13 2,505,66 UNIFIRST HOLDINGS INC AlP 153991 07/31/13 58.50 UNITED WAY OF CALHOUN C AlP 153992 07/31/13 284.37 VERIZON SOUTffiiEST AlP 153993 07/31/13 156,38 VERIZON lr.rRELESS AlP 153994 07/31/13 365.05 WALIWlT COMl!UNITY AlP 153995 07/31/13 96,50 DEPT OF VETERANS AFFAIR AlP 153996 07/31/13 19~.80 KNA CHIT AlP 153997 07/31/13 78.28 LINDA G MCPHERSON AlP 153998 07/31/13 150.00 JOHN HUBBARD AlP 153999 07/31/13 103,00 GLENDA CLAYTON AlP 154000 07/31/13 251.76 DOUGLAS A MAREK AlP 154001 07/31/13 47,20 ADDIE B CHASTAIN AlP 154002 07/31/13 14.81 HUllANA HEALTH CARE PLAN AlP 154003 07/31/13 2,207.00 PLANT MAINTENANCE SERV AlP 154004 07/31/13 14,81 HUl!ANA HEALTH CARE PLAN AlP 154005 07/31/13 20.00 MONICA GARZA AlP 154006 07/31/13 2,607.00 PLANT !IAINTENANCE SERVI AlP 154007 07/31/13 64.24 DANIEL ALLEN KEY AlP 154008 07/31/13 477.70 KAY F KEY AlP 154009 07/31/13 472.80 ACCENT -29- MEMORIAL IlEDICAL CENTER CHECK REGISTER 07/01/13 THRU 07/31/13 BANK--CHECK---------------------------------------------------- CODE NUllBER DATE A110UNT PAYEE RUN DATE,OS/19/13 TIllE, 16,29 PAGE 11 GLCKREG ~----------------------------------------------------------------------------------------------------------------------------------- AlP 1S4010 07/31/13 AlP 154011 07/31/13 TOTALS, 90,00 400,00 1,353,900,36 ACCENT PLANT IIAINTENANCE SERV -30- RUN DATE: OB/07/13 THIS: 13:32 MEMORIAL MEDICAL CENTER DEFAULT FORMAT FROM DB019 PRTitle -----~~~~~~~~~~---------------------~~~~~:~~~~------~-~\ \ ~ REGISTERED NURSE EMERGENCY ROOM DEPARTMENTAL ASSIST MAINTENANCE CS TECHNICIAN CENTRAL SUPPLY CENTRAL STERILE TECH SURGERY lllAGING TECH HEALTH INFORlffiTION MANAGEMENT DIRECTOR-PT FIN SVCS PATIENT FINANCIAL SERVICES CS TECHNICIAN CENTRAL SUPPLY ES AIDE ENVIRONMENTAL SERVICES SHIFT SUPERVISOR DIETARY IP/EH/RlI NURSE INFECTION PREVENTION REGISTERED NURSE MED/SURG FOOD SERVICE STAFF DIETARY o R AIDE SURGERY REGISTERED NURSE EMERGENCY ROOM TRAUMA COORDINATOR EMERGENCY ROOM RN-PERIOPERATIVE SURGERY REGISTERED NURSE ICU SHIFT SUPERVISOR-All ENVIRONMENTAL SERVICES MANAGER-SURGERY-OPC SURGERY C.N.O. ADMINISTRATION-CLINICAL SERVIC PAYROLL CLERK ACCOUNTING REGISTERED NURSE MED/SURG LICENSED VOCATIONAL OBSTETRICS LICENSED VOCATIONAL MED/SURG REGISTERED NURSE ICU REGISTERED NURSE OBSTETRICS REGISTERED NURSE EMERGENCY ROOM REGISTERED NURSE MED/SURG REGISTERED NURSE OBSTETRICS REGISTERED NURSE OBSTETRICS LICENSED VOCATIONAL MED/SURG ADMINIST ASSISTANT ADMINISTRATION REGISTERED NURSE ICU LVN/SCRUB NURSE/OFFI SURGERY REGISTERED NURSE ICU REGISTERED NURSE SPECIALTY CLINIC LICENSED VOCATIONAL OESTETRICS LICENSED VOCATIONAL SURGERY MEDICAL SONOGRAPHER DIAGNOSTIC IMAGING REGISTERED NURSE EMERGENCY ROOM RADIOLOGICAL TECH DIAGNOSTIC IMAGING RADIOLOGICAL TECH DIAGNOSTIC IMAGING MICRO MT LABORATORY MEDICAL LAB TECH LABORATORY LAB DIRECTOR LABORATORY LAB ASSISTANT LABORATORY MEDICAL LAB TECH LABORATORY LAB SECRETARY LABORATORY REGISTERED NURSE EMERGENCY ROOM PT ASSISTANT PHYSICAL THERAPY PT TECH II PHYSICAL THERAPY TRANSCRIPTIONIST-RIC HEALTH INFORMATION MANAGEMENT REGISTERED NURSE OBSTETRICS ED MANAGER EMERGENCY ROOM 5058.82 2353.60 1816.73 2454.50 452.62 3837.80 112.50 1677 .46 211B .82 5433.44 3424.81 1504.25 1530.10 1467.07 4273.34 5698.59 1212.94 2196.20 6134.20 6151.40 3376.62 4838.01 3293.43 3334.65 7.75 3303.97 6741.18 4131.31 4929.99 3423.69 2102.01 3155.40 4596.25 2974.93 5413.60 5755.64 467.49 3521. 55 5126.13 4352.95 4873.76 893.78 648.38 1194.75 4907.29 3123.75 3827.47 2194.33 4483.06 396.2B 2048.0B 1610.65 5078.93 5066.06 -31- PAGE 1 ;to/3 RUN DATE: 08/07/13 TUlE: 13:32 PRTitle PRDeptName REGISTERED NURSE MED/SURG OB CLINICAL SUPERVSR OBSTETRICS REGISTERED NURSE OBSTETRICS REGISTERED NURSE OBSTETRICS DIRECTOR-UR/QA/IC/RM QUALITY ASSURANCE REGISTERED NURSE SURGERY CERTIFIED NURSE AIDE MED/SURG DIRECTOR-IN PT SVCS MED/SURG REGISTERED NURSE ICU MEDICAL LAB TECH LABORATORY REGISTERED NURSE MED/SURG SUPERVISOR LVN/RPhT PHA~ffiCY REGISTERED NURSE MED/SURG REGISTERED NURSE MED/SURG REGISTERED NURSE MED/SURG CERTIFIED NURSE AIDE MED/SURG REGISTERED NURSE OBSTETRICS REGISTERED NURSE MED/SURG REGISTERED NURSE OBSTETRICS CERTIFIED NURSE AIDE MED/SURG LICENSED VOCATIONAL MED/SURG REGISTERED NURSE ICU REGISTERED NURSE EMERGENCY ROOM REGISTERED NURSE MED/SURG CERTIFIED NURSE AIDE MED/SURG CERTIFIED NURSE AIDE MED/SURG REGISTERED NURSE MED/SURG LICENSED VOCATIONAL MED/SURG REGISTERED NURSE MED/SURG REGISTERED NURSE EMERGENCY ROOM LICENSEO VOCATIONAL ~lEMORIAL MEDICAL CLINIC CERTIFIED NURSE AIDE MED/SURG LICENSED VOCATIONAL MEMORIAL MEDICAL CLINIC REGISTERED NURSE ICU REGISTERED NURSE EMERGENCY ROOM REGISTERED NURSE ICU REGISTERED NURSE ICU REGISTERED NURSE ICU REGISTERED NURSE MED/SURG REGISTERED NURSE ICU RN-OR SCRUB NURSE SURGERY REGISTERED NURSE SURGERY LICENSED VOCATIONAL PHAm~CY o R TECH SURGERY TRM,SCRIPTIONIST HEALTH INFORMATION ~urnAGEMENT REGISTERED NURSE SURGERY OUT-PT PACU NURSE SURGERY PRESCRIPTION CLERK INDIGENT CARE PROGRAM PURCHASING/COURIER TRANSPORTATION OP COORDINATOR SPECIALTY CLINIC REGISTERED NURSE EMERGENCY ROOM CERTIFIED NURSE AIDE MED/SURG REGISTERED NURSE EMERGENCY ROOM REGISTERED NURSE EMERGENCY ROOM MT TECH SUPERVISOR LABORATORY MEMORIAL MEDICAL CENTER DEFAULT FORMAT FROM DB019 PAGE 2 PRTotGross 5374.82 3892.15 3101.15 3820.65 5664.60 4916.03 1184.28 6018.60 5408.65 3022.81 2554.00 3284.82 2985.39 4330.15 901.50 1124.83 1421.65 3679.59 1158.05 1281.84 721.13 3056.17 3919.02 2344.06 4B.00 139.50 3101.43 922.75 169B.10 4662.15 2114.19 i946.46 1689.83 2916.16 4811.22 5571.22 3816.01 42.94 3061.50 4848.07 3161.28 4136.27 1153.63 2176.93 2323.01 5411.13 1014.32 1528.80 1100.00 1852.03 820.88 1411.29 4372.18 2314.01 3911.40 -32- RUN DATE: 08/07/13 TIME: 13:32 PRTitle PRDeptNarne MEDICAL TECHNOLOGIST LABORATORY MEDICAL LAB TECH LABORATORY ~rnDICAL LAB TECH LABORATORY LABORATORY ASSISTANT LABORATORY LAB ASSISTANT LABORATORY MEDICAL TECHNOLOGIST LABORATORY MEDICAL TECHNOLOGIST LABORATORY LAB ASSISTANT LABORATORY LAB ASSISTANT LABORATORY MEDICAL TECHNOLOGIST LABORATORY MEDICAL LAB TECH LABORATORY MEDICAL LAB TECH LABORATORY LAB ASSISTANT LABORATORY REGISTERED NURSE MED/SURG SECRETARY MEMORIAL NOMEN'S CENTER REGISTERED NURSE MED/SURG RADIOLOGICAL TECH DIAGNOSTIC IMAGING RADIOLOGICAL TECH DIAGNOSTIC IMAGING RADIOLOGICAL TECH DIAGNOSTIC IMAGING RECEPT/SECRETARY DIAGNOSTIC IMAGING DIRECTOR DIAGNOSTIC IMAGING RADIOLOGY SUPERVISOR DIAGNOSTIC IMAGING RADIOLOGY TECH DIAGNOSTIC IMAGING RADIOLOGICAL TECH DIAGNOSTIC IMAGING RADIOLOGICAL TECH DIAGNOSTIC IMAGING RADIOLOGICAL TECH DIAGNOSTIC I~ffiGING RADIOLOGICAL TECH DIAGNOSTIC I~ffiGING RADIOLOGY TECH DIAGNOSTIC IllAGING LVN-CPhT PHARMACY REGIST PHARMACY TECH PHARMACY PHARMACIST PHAR>ffiCY PRACT ADMINISTRATOR MEMORIAL MEDICAL CLINIC PT ASSISTANT PHYSICAL THERAPY PT ASSISTANT PHYSICAL THERAPY PT SEC/RECEPTIONIST PHYSICAL THERAPY PT ASSISTANT PHYSICAL THERAPY P.T. ASSISTANT PHYSICAL THERAPY PT ASSISTANT PHYSICAL THERAPY PT TECH 1 PHYSICAL THERAPY CIHCP COORDINATOR INDIGENT CARE PROGRM~ MANAGER HIM HEALTH INFORMATION MANAGE~IENT TRANSCRIPTIONIST-BR HEALTH INFOR>ffiTION MANAGEMENT OP CODER/DC ANALYST HEALTH INFORMATION MANAGE14ENT ROI / RI TECHNICIAN HEALTH INFORMATION NANAGE~IENT TRANSCRIPTIONIST/BR HEALTH INFORMATION ~lANAGENENT CODING SPECIALIST HEALTH INFORMATION ~lANAGEMENT FOOD SERVICE STAFF DIETARY AIDE ENVIRONMENTAL SERVICES FOOD S8RVICE STAFF DIETARY FOOD SERVICE STAFF DIETARY SHIFT SUPERVISOR DIETARY FOOD SERVICE STAFF DIETARY FOOD SERVICE STAFF DIETARY FOOD SERVICE STAFF DIETARY CERTIFIED NURSE AIDE MED/SURG MEMORIAL MEDICAL CENTER DEFAULT FOR>ffiT FROM DB019 PAGE 3 PRTotGross 3597.34 3583.00 3294,10 728.00 2121. 29 403.00 868.00 1113.00 2094.24 558.00 3445.60 587.25 2371. 70 4225.78 1393.46 3393.85 4964.62 3844.97 5065.68 1950.48 5957.56 5890.33 991.50 3219.58 3953.56 850.50 2822.26 2268.00 2758.01 2914.34 10425.00 8064,28 3538.92 4049.15 1850.19 140.00 2280.88 2400.66 110.25 1529.28 3153.41 1543.93 2403.48 1059.85 70.00 2763.97 1363.77 1403.99 419.76 1429.70 1717.50 1402.37 304.80 1488.38 1133.43 -33- RUN DATE, 08/07/13 TIME, 13 ,32 PRTitIe PRDeptName FOOO SERVICE STAFF DIETARY FOOO SERVICE STAFF DIETARY DIRECTOR OF DIETARY DIETARY GROUNDSKEEPER-PAINTE MAINTENANCE BIO-MED TECHNICIAN BIO MEDICAL ENGINEERING BIO-MaD TECHNICIAN BIO MEDICAL ENGINEERING PLAT OPS SPECIALIST ~~INTENANCE SUPERVISOR ~~INTENANCE SECURITY SUPERVISOR SECURITY FLOOR TECHNICIAN ENVIRONMENTAL SERVICES ES I1ANAGER ENVIRONMENTAL SERVICES DIR OF PLANT SERVICE ENVIRONMENTAL SERVICES ES AIDE ENVIRONMENTAL SERVICES FLOOR TECHNICIAN ENVIRONMENTAL SERVICES ES AIDE ENVIRONMENTAL SERVICES ES AIDE ENVIRONMENTAL SERVICES ES AIDE ENVIRONMENTAL SERVICES ES AIDE ENVIRONMENTAL SERVICES ES AIDE ENVIRONMENTAL SERVICES ES AIDE ENVIRONMENTAL SERVICES SECURITY OFFICER SECURITY SECURITY OFFICER SECURITY SOCIAL NORKER SOCIAL WORK/DISCHARGE PLANNING CLINIC NURSE TECH MEMORIAL MEDICAL CLINIC OFFICE I1ANAGER MEMORIAL l'IOl~EN' S CENTER REGISTRATION CLERK PATIENT FINANCIAL SERVICES CASHIER-SNITCH BOARD PATIENT FINANCIAL SERVICES INS FOLLON UP CLERK PATIENT FINANCIAL SERVICES SECRETARY/RECEPTION MEMORIAL MEDICAL CLINIC INSURANCE COORDINATO PATIENT FINANCIAL SERVICES INSURANCE ADJUDlCATO PATIENT FINANCIAL SERVICES PT ACCOUNT SUPERVISO PATIENT FINANCIAL SERVICES REGISTRATION CLERK PFS - REGISTRATION REGISTERED NURSE EMERGENCY ROOM REGISTERED NURSE lCU REGISTRATION CLERK PFS - REGISTRATION SECURITY OFFICER SECURITY MEDICAID COORDINATOR PATIENT FINANCIAL SERVICES REGISTRATION CLERK PFS - REGISTRATION OFFICE MANAGER MEMORIAL MEDICAL CLINIC REGISTRATION CLERK PFS - REGISTRATION REGISTRATION CLERK PFS - REGISTRATION REGISTRATION CLERK PFS - REGISTRATION MEDICARE COORDINATOR PATIENT FINANCIAL SERVICES REGISTRATION CLERK PATIENT FINANCIAL SERVICES REGISTERED NURSE EMERGENCY ROOM RADIOLOGICAL TECH DIAGNOSTIC IMAGING REGISTRATION CLERK PFS - REGISTRATION REGISTRATION CLERK PFS - REGISTRATION REGISTRATION CLERK PFS - REGISTRATION REGISTRATION CLERK PFS - REGISTRATION I. T. DIRECTOR INFORMATION TECHNOLOGY I.T. SYSTEM ANALYST INFOmlATION TECHNOLOGY UNIT SECRETARY MEO/SURG SUMMER INTERN ADMINISTRATION-CLINICAL SERVIC MEMORIAL MEDICAL CENTER DEFAULT FORMAT FROM DB019 PAGE 4 PRTotGross 1240.16 457.50 3485.80 1552.95 247.50 4290.89 2503.47 3693.03 2163.61 2287.96 2636.90 4671.40 1346.10 1477.68 1401.13 1529.42 1474.32 1185.85 1201.58 1350.20 1647.56 479.52 5243.23 1602.36 1760.27 1323.59 1398.22 1377.51 1786.76 1477.35 1592.92 2121.60 858.24 4051.70 4318.91 530.90 1671.30 1541.98 1434.77 2234.32 1273.11 81.55 876.94 1791.56 1381. 76 3505.27 3395.50 1442.98 1463.39 1314.97 74.87 4873.53 4273.01 1431.43 682.65 -34- RUN DATE: OB/07/13 THIS: 13 :32 PRTitle REGISTERED NURSE ACCOUNTANT C.F.O. C,E.O. ADMINISTRATIVE ASST, ADMINISTR. OFFICER SUPERVISOR DIRECTOR OF MJ;I - AP Grand totals Total lines ~ 227 MEMORIAL MEDICAL CENTER DEFAULT FORMAT FROM DB019 PAGE 5 PRDeptName PRTotGross EMERGENCY ROOM ACCOUNTING ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION PURCHASING PURCHASING 1B17.00 3B51.40 10150.00 11BBB.46 2233.BB 3717.BO 263B.40 3794.60 619917.67 -35- @IHS Issued OB/15/13 Source Totals Report Calhoun Indigent Health Care 7-1-13 through 7-31-13 For Vendor: All Vendors Source Description Amount Billed Amount Paid 01 Physician Services 01-1 Injections 02 Prescription Drugs 05 Lab/x-ray OB Rural Health Ciinics 13 Mmc - Inpatient Hospital 14 Mmc - Hospital Outpatient 15 Mmc - Er Bills B,77B.OO 105.00 1,133.02 6B7.93 1,653.19 24,692.00 36,700.83 22,976.32 2,390.95 58.31 1,122.53 120.44 1,21B.99 13,B27.52 12,47B.29 7,7B1.35 Expenditures Reimb/ Adjustments 97,001.91 -275.62 39,274.00 -275.62 Grand Total 96,726,29 38,998,38 Fiscal Year 311,550.61 Payroll/Expenses 5,566,56 ~tv~cda~-b Calhoun County Indigent Coordinator -36- 2011 Calhoun Indigent Care Patient Case load Approved Denied Removed Active Pending Jan 7 22 10 152 Feb 9 13 17 156 Mar 32 33 26 153 Apr 8 19 28 164 May 6 19 16 149 Jun 25 21 23 146 Jul 1 19 5 140 Aug 1 13 39 108 2 Sept 2 43 32 79 11 Oct 8 15 27 62 16 Nov 7 8 21 47 15 Dec 1 24 27 30 14 YTD 107 249 271 1386 58 12 Mo Avg 9 21 23 116 5 2012 Calhoun Indigent Care Patient Case load Approved Denied Removed Active Pending Jan 4 10 2 37 9 Feb 1 17 2 36 11 Mar 4 16 3 38 20 Apr 1 15 3 39 21 May 3 11 3 40 17 Jun 10 12 5 46 15 Jul 6 15 5 48 22 Aug 10 21 1 59 20 Sept 5 17 4 59 19 Oct 7 18 5 61 34 Nov 4 15 9 57 30 Dec 4 23 7 S4 32 YTD 59 190 49 574 250 Monthly Avg 5 16 4 48 21 -37- 2013 Calhoun Indigent Care Patient Caseload Approved Denied Removed Active Pending Jan 5 12 5 5S 28 Feb 4 22 7 51 26 Mar 5 17 3 56 17 Apr 6 10 4 59 21 May 4 12 6 5B 28 Jun 4 10 10 53 41 Jul 5 20 12 46 35 Aug Sept Oct Nov Dee YTD 33 103 47 378 196 Monthly Avg 5 15 7 54 28 -38- FUEL BIDS: After reviewing said bids for fuel to be delivered for the period of September 16, 2013 and ending October 15, 2013 a Motion was made by Commissioner Lyssy and seconded by Commissioner Galvan to award Diebel Oil Co" Inc, as the low bidder on diesel fuel and regular unleaded. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. CINDY MUELLER COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE ANNEX - 20'" S ANN ST, STE B PORT LA V ACA, TEXAS 77979 (361) 553.4610 MEMORANDUM TO: ruDGE PFEIFER & SUSAN RILEY COUNTY JUDGE'S OFFICE FROM: AUDITORS OFFICE - PEGGY tw.,L DATE: September 9, 2013 RE: AGENDA ITEM - September 12, 2013 AGENDA ITEM THURSDAY, September 12,2013 ... Consider and take necessary IIction to llward bid for Fuel to be Delivered for the period beginning September 16.2013 and ending October 15, 2013, (CM) Fuel-Bulk Delivered Diesel Fuel- Diebel Oil Company Ine was the Low Bid Regular Unleaded - Diebel Oil Company Ine was the Low Bid ~ i ~ '" I:lll \2 '" 'l; - ~ ~ ~ :Ii ~ ~ I I ~ 1S I~ i3 - - = '" '" i", '" II - II ~ s 1ii ai l~ lj ." J .. 8 c c,g " " jll~ j1t ii iiw;iS ii~iU ! ~l ~g "'~ (I)'l! W l: W l: 3,11I d'!'! g,!I! 3,!I! of b df of i!l Z C zJ Z I ~S ~S ii:j iii8 Ii" i5! ~ I ~~ ~~ Ei! a.~ a. ~J ~j ~J ~J ii IJ) ~ 3 0 ~ ~ () ~ d If ::l ;:; ~ ~ 0 = UJ d IJ) g w ! > u w " Gj ..J ~ Z ..J I- 0 is ::J (5 ~ I Cl II u ~ i ~ <.) ~ z z ...J iil fil l!! 1il ::;'l e:s Cljl c ...J ~ = W ..J => uJ Z :l U. it ~ - uJ Ii ~ - ~ II <.!l '" ~ I ~ ll! !! [;j u Q .:3 $ 115 ~ Ila l:l i t:t ti ::iB ;- s; .. u ~ I - CALHOUN COUNTY, TEXAS OID SHEET- ~RJEl-lULK DRlVERFJJ INVIT A liON TO BID BIDDER DJElIEL OIL 00 INC SAM OJEDB. PO BOX 71 PORT LAVACA BID ITfM IFUEL -BUlK IJD..IVEBfJJ I TX 11878 I PfIlIIlmOM: SEPTl:MBER 16,2019 DOlO: OCTOBER 16. 2013 YOU ARe INV1Tii:D TO SUBMIT A BID ON THe ABOVE ITEM TO: M/CHAEL J PFEIFER. CALHOllN COUNTY JUDGE, ;11 II ANN ST, $/lD FLOOR, ROOM 301, PQRTL4VACA T.l( 77979 .IIDS SHOULD BE SUBMITTeD IN A SeALii:O ENVELOPE PLAINLY MARKeD; SeALED B/D-Il'UEL-BUI.K DIiI/JiiEkED --,....._, BIOS ARe DUE AT THE JUDGE'S OFFICI!! ON OR BEFORE; 10:00 AM, rHURSOAY, s~prEM8ER 6,2013 BIDS WILL SEAWARDED AT THE COMMISSIONERS' COURT MEETING ON: rHUIIBDAY, SEPTEMBER 12, 2013 THE OLOCK IN TI1E OOUNTY JUDGE'S OFFICE IS THE OFFICIAL CLOOK THAT WilL BE USED IN DETERMINING THE 11ME THA. A BID Is REC"IVED AND THE TIME THAT BIDS WILL BE OPENE!;), BIDS RECEIVED AFTER THe OPENING TIME WILL BE R"TURNeD UNOPENED TO BIDDER, THE COMMIssIONERS' COURT RESERVES THe RIGHT TO WAIVE TeCHNICALITIES, RliJECT ANY OR ALL BIDS. TO ACC.PT THE BID DEEMED MOST AOVANTAGeOUS TO CALHOUN COUNTY AND TO BE THe SOLE JUDGE IN DETERMINING WHICH BIDS WILL Be MOS. ADVANTAGEOUS TO THE COUNTY, THE COUNTY OF CALHOUN, TEXAS IS AN eQUAL EMPLOYMENT OPPORTUNITY EMPLOYER, THE COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RAO!;, COLOR, NATIONAL ORIGIN, SEX, RE;LIGION, AU!; OR HANDICAPPEC STATUS IN EMPLOYMENT OR THE PROVISION OF SERVICES. 11111 IT6MI FUeL-BULK lIBLIVEREb DIiPAR'rMeNT: VARIOUS DJ!LlVERY FOB COUl'l'rY FUEL TAN," lIElJrlNArlON VAlorous ----.....--------------------.......---------------__IfIf-___ SPEClpleAT/ONS: DIESEL FUEr.. >>DELiVERY must be made within 24 hours after reoelvlng order fi'om the County Department In the qUantity ordered, If vendor cannot deliver within 24 hoUls or refuses to deliver, the County Department will order from the next lowest !lldder, >>PRICE Per Gallon MUST INCLUDE all fee. and oharga. inoludlng all Texes/Fee. the County i. not exempt from (for example, $0,20 state SXQlee Tex, State DelIvery/Environmental Fees, Federal Oil Spill Reoovery Faes and Federal LUST Tex) ">PREE FROM WATER AND SUSPENDED MATTER f,UiJI ~foJ.IT PRICEl. GALLON :sj,p _ ---------~---~-----~----~---~------------------ SPECI"/CA710N.~: REGULAR UNLEADED GASOLlNE >>DELIVERY mu.t ba made within 24 houl'Q eftar receiving order from j!Je County Department In the quantity ordered, If vendor oannot deliver within 24 hour. or reluMs to delIver, the County Department will order from the next lowest bIdder. >>PRICE Per Gailon MUST INCLUDE a/l fees and oharges including .11 TaxetlFee. the County ie not exempt from (f<lr example: $0.20 Slele Exolee Tax, Slate Delivery/Environmental Feee, Federal 011 Spill Reoovery raes and rederal LUST Tsx) >>FREE FROM WATER AND SUSPENDED MATTER AND A MINIMUM OCTANE OF 87 (AVERAGE METHOD) !I!iJI ~ UNIT PRICE GALLON ;:':) :;J, t _rW~p. BY; IE. =~~~ '~H~~ ~ ~ REAlE lIST ANY fXOOITlONS TO 1HE ABDVE BPEllflCATIONS: VVedn"dQy,August28, 2013 BDlIlI IIIlIEt DUO 1M) CALHOUN CUUNIY, UXASBID SHEET" ~ INVIT A liON TO BID I BIDDER BUN COAIT RESOlIRGE8 11m 8 WELLS EDNA BID ITEM JFUEL-SULK ~RlVBlED TX 77867 ~ PBOODRlDM: sepTEMBER 10. 2013 PEIIIIOm: OoroseR 1$,2013 VOU ARlO INVITeD TO SUBMIT A "Ill ON THE AElOI/& III!M TO: MICHAEL J PFIIFRR, CALHOUN COVNrY JUDGE, 211S ANN ST, 311&1 "~OOR, ROOM ~01, POltnAVAOA 7X 77871 BIDS SHOUl.CIllE SUBMITTED IN II SIiALEb ENVELOPE PLAINI. Y MARKIOD: SEALEO "D. !1tliIWVLK DEL/VERBD . --1 !lIDll ARIij /:lue AT THE JUDGE'S OFFICE ON OIU!FOREI 10:00 AM, THllt:tSDAY, $EI"TEM/i1ER 6, 2013 BIDS WILl. ae AWARDIlO AnH! OOMMISSIDNBI\S' OOUR'T MSETING ON: THURSDA Y. sepTBMaSR 12, 2013 'THE OLOCK IN THe OOUN'TV JUDGE'S OFFice IS THE DI'I'ICIAL CLOCK THAT WIll IS USED IN DETI!FlMININ13 THE TIME THAT A liD IS REcelViO AND THE TIME THAT SIOS WILL BIO opeNBD, BIDS ReClilVliD AFTER THE opeNINa TIMIO Will lie lIeTURNIlD UNOPIiNEO TO IIOOER. 'THE OOMMISSIDNl:RS' OOURT RSSBRV!S 'rHE RIGH'r 'r0 WAive TeOHNICALlTIES, REJEOT ANY OR ALL BIOS. TO AOOEP'r 'rHIi BID DEEMeD MOST ADVANT AGEOU$ TO OALKOUN OOUNTY AND TO BS '!'HE SOLE JUO(!l! IN Ol!Te~MINING WHIOH BillS Will BE MOS'l' ADVANTAGEOUS TO THIl eOUNlY. THE OOUNTY 0' CALHOUN. TexAS IS AN EQUAL EMPLOYMBNT OI'P/;lRTUNITY EMI'LOYEF\, ,HIS OOUNTY oOI!S NO'r DISCRIMINATE ON THI! SASIS OF RACE. COLOR, NATIONAL ORIGIN. SEX. ReLIGION, AGE OR HANDICAPPED STATUS IN EMI'LOYMENT all THE PROVISION OF IlERVIORS, BID 1_, PUIlLoIlU&'K DILIVIRI!D DfPA~"(IIIBNr, V""loua "BLIVlfIlY "gB COUNTY rUII. TANKS DI1M'1NATIDN VARIQUU -~~---~--~~------------~------~--~----~-------- IlPSCIPJOA'I'IOIllIi' DIIlIEL FUEL ~>DIiiLIVIiiRY must be made within 24 hou", after rUllvln; order from the County Department In thl quantity Qrdered, 1/ vend." DlInnot deliver wllhln a4 hOUIl or refuses to deliver, the County Depertm,nt will order flOm Ihe n,x! lowest blddor. ."PRIOE: Per Gellon MUST INCLUDe all /eea and oharges including all TexeslFees the County's not exempt from (for eXllmple: $0,20 State Exclee '1'lIX, Stllte Dellvery/envlronm'ntel Fees, Federar 01l8plll Reoovery Feee end F'dll'lll LUST Ta~) ....FRill; FROM WATEI'! AND SUSPENDED MAlTER JJI:UI GALLON IlNIT :t'CI! -3.7 -------~----------------------------~----~----- ,PECII'ICA770111111 REGULAR UNU1l4DED GASOLINE >>DELIVERY must be made within 24 hou,. lIlllr "celvlng order fl'llm lhe County Oep~rtmlnt In the qvanllIY orderld. If vendor cannot dellvlr wIlhln 24 houre or rell.i... to deliver, the County Dlp.rtment wlllordertrom Ihe next lowest bidder, . ""PRiCe ".r Gallon 'MU$'1' INOLUDIii all fees end oharg,s Inoludlng ell Texea,lFn, Ihe County Is nol oxempt from (for eKBmple: $0.20 stetelixclse Tax, SllIt. Delivery/EnVIronmental FeU. Federal 011 Spill ReoovlljI Fles and Federal LU8T rax) ">FREe FROM WATER AND SUSPENDED MAIT5RANC A MINIMUM OCTANE OF 87 (AVEAAClE METHOD) !J!J!I I.INI7' PRICE GAI.LON ,. .333 (IJELOW ro BE aOMP.LN!'PlBD BY RmV/Rf1) DAIE/lfBll: q.S-13 . Aur.D_I.NA'Im~ 1lJU': ~L dM/t PIOONIIME: /l.;)/h~tJ:r 1'irrt"1"I'Cr 'JDBIIlINENMBl: '1fiJ/-?tlZ-$lt.o . PlEAIE DIT ANY fXUEpllQNB m MABOVE IPfIJRAlIINS: VVodnosday,AUOUDl28,2013 IIOOtA 80M COft8rllElDlIID18 TEXAS DEPARTMENT OF STATE HEALTH SERVICES (DSHS) CONTRACT NO. 2014- 000020-00 IN THE AMOUNT OF $30,041 AND AUTHORIZE DR. BAIN CATE TO DIGITALLY SIGN FOR CALHOUN COUNTY: A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to approve the Texas Department of State Health Services (DSHS) Contract No, 2014-000020-00 in the amount of $30,041 and authorize Dr. Bain Cate to digitally sign the contract for Calhoun County, Commissioners Galvan, Lyssy, Finster and Judge Pfeifer aU voted in favor, Phone (361) 552-9721 Fax (361) 552-9722 117WASHST PORTLAVACA, TX 77979-2912 Bain C. Cate, M. D.) 1vledical Director August 19, 2013 Calhoun County Commissioners' Court Attn: Honorable Judge Mike Pfeifer 211 S ANN ST STE 301 PORT LAVACA TX 77979-4249 Judge Pfeifer, The Texas Department of State Health Services (DSHS) has forwarded, electronically, to Caihoun County Health Department (CCHD) Contract No, 2014-000020-00, labeied RLSS/LPHS RLSS/LOCAL PUBLIC HEALTH SYSTEM - PnP, The contract activity period spans from September 01, 2013 through August 31, 2014. The contract award amount is $30,041, which is level funding when compared to the original FY 2013 funding, As a brief reminder and explanation, the RLSS-LOCAL PUBLIC HEALTH SYSTEM contract wi Ii assist in the funding the saiary and fringe of one of the Public Health Nurse - LVNs working for CCHD, As a general change in the way DSHS is doing business, all of these documents are located in electronic format on the DSHS Contract Management and Procurement System website, Though these documents, if approved, . wili be signed as hard copies, ultimately, a representative of Calhoun County Health Department will have to access the website signatory pages, and execute electronic signatures of the contract documents, I have proposed that Calhoun County Commissioners' Court authorize the County Judge to sign the physical documents, so that there can be a record for the Calhoun County Clerk's Office. Once those are signed, I wouid be happy to navigate the Contract Signatory pages as a designee of the County Judge, as it is a somewhat cumbersome process. On the other hand, if you would like, I can come up to your office, and open up each of the documents electronically for signature, and have Susan electronically sign for you, or you may electronically sign the documents, yourself. Either solution is fine with me. I can assure you that no electronic signature will be completed unless the physical signatures have been committed to the hard documents, One will aiso note that there are many more signature lines on documents than is usual, this year. Specifically, these particular contracts are now requiring 4 additional declarations to be signed, The Certificate regarding lobbying, and the Child Support Certification are not applicable to DeWitt County, but they still have to be signed. The Federal Funding Accountability and Transparency Act Certification has been requested the last 2 years of the contract, and I have filled it out with assistance from the County Auditor. Hbwever, this year, they wanted to include it with the contract signature packet, Lastly, the Certification Regarding Professional Services Contractors Not Hiring Former or Retired State Agency Employees must be signed by all contractors, no matter what, I have filled out these forms to the best of my ability,and they will be tabbed for easy signature, Lastly, I have looked over the documents, and recommend them to Calhoun County Commissioners' Court for review, potential approval, and subsequent authorization for the County Judge to sign, Sincerely, cJZv:;; e, &xu/ wwJ, Bain C. Cate, M,D, DEPARTMENT OF STA TE HEALTH SERVICES CONTRACT 2014-000020-00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Calhoun County Health Department (Contractor), a Governmentai, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2, Total Amount: The total amount of this Contract is $30,041.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. if funds become unavaiiable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4, Term of the Contract: This Contract begins on 09/01/2013 and ends on 08/31/2014. DSHS has the option, in its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5, Authority: DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Program Name: RLSS/LPHS RLSS/Local Public Heaith System-pnP 7. Statement of Work: CONTRACTOR shall improve or strengthen local pubiic health infrastructure within the State of Texas by: . Developing objective(s) to address a public health issue; . Utilizing resources provided through this contract Attachment to conduct activities and services that provide or support the delivery of essential public health services; . Assessing, monitoring, and evaluating the essential public heaith activities and services provided through this Program Attachment; and . Developing strategies to improve the delivery of essential public health service(s) to identified service area. These tasks shall be performed in accordance with Department of State Health Services (DSHS) Division for Regional and Local Health Services Interiocal Application. The assessment and/or evaluation activities must include measurable standards. Acceptable standards include the National Public Health Performance Standards approved by the Centers for Disease Control and Prevention, Performance Standards developed by the Texas Association of Local Health Officials, Healthy People 2010, and any federal, state or local law or regulation governing the delivery of essential pubiic health services. Other evaluation methods utilizing standards not listed in this Program Attachment must be pre-approved by DSHS. CONTRACTOR shall perform the activities required under this Program Attachment in the Service Area designated in the most recent version of Section B. "Service Area" of this contract. CONTRACTOR shall comply with all applicable federal and state laws, ruies, regulations and standards including, but not limited to, the following: . Chapter 23-11 of the Healthy People 2010; . Section 121.002, Texas Health & Safety Code, definition often essential public health services; . Government Code, Section 403.1055, "Permanent Fund for Children and Public Health". CONTRACTOR shall not use funds from the Permanent Fund for Children and Public Health for lobbying expenses under the Government Code, Section 403.1067. CONTRACTOR shall comply with all applicabie regulations, standards, and guidelines in effect on the beginning date of this Program Attachment. DSHS shall inform CONTRACTOR in writing of any changes to applicable federal and state laws, rules, regulations, standards and guidelines. CONTRACTOR shall comply with the amended law, rule, reguiation, standard or guideline except that CONTRACTOR shall inform DSHS Program in writing if it shall not continue performance under this contract Attachment within thirty (30) days of receipt of an amended standard(s) or guideline(s). DSHS may terminate the Program Attachment immediately or within a reasonable period of time as determined by DSHS. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that projected in Contractor's total Contract amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. CONTRACTOR shali complete the PERFORMANCE MEASURES as stated in the CONTRACTOR'S FY14 Local Public Health Service (LPHS) Service Delivery Plan, and as agreed upon by DSHS, hereby attached as Exhibit. BILLING INSTRUCTiONS: Contractor shall request payment electronically through the Contract Management and Procurement System (CMPS) with acceptable supporting documentation for reimbursement of the required services/deliverables. Billing will be performed according to CMPS instructions found at the following link http://www.dshs.state.tx.us/cmps/. For assistance with CMPS, please email CMPS@dshs.state.tx.us or cali 1-855-312-B474. 8, Service Area Caihoun County This section intentionally left blank. 10. Procurement method: Non-Competitive Interagency II nterlocal GST -2012-Solicitation-00025 RLHS GO LIVE LPHS PROPOSAL 11, Renewals: Number of Renewals Remaining: 0 Date Renewais Expire: OB/31/2014 12. Payment Method: Cost Reimbursement 13, Source of Funds: STATE,STATE 14. DUNS Number: 087309324 15. Proarammatic Reoortina Reauirements: Report Name Frequency Period Begin Period End Due Date Project Service Quarterly 09/01/2013 11/30/2013 12/30/2013 Delivery Plan Project Service Quarterly 12/01/2013 02/2B/2014 03/31/2014 Delivery Plan Project Service Quarterly 03/01/2014 05/31/2014 06/30/2014 Delivery Plan Project Service Quarterly 07/01/2014 OB/31/2014 10/31/2014 Delivery Plan 16, Special Provisions General Provisions, Section 1.03 Reporting Article, are revised to include the following paragraph: Faiiure to submit a required report of additionai requested information by the due date specified in the Program Attachment (s) or upon request constitutes breach of contract, may result in delay payment, and may adversely affect evaluation of Contractor's future contracting opportunities with the department. Programmatic Reporting Submission Requirements: Reports and Report signature page should be sent electronically to: LocaIPHTeam@dshs.state.tx.us, or the signature page can sent by facsimile to 512-776-7391. A copy of the report should be sent to the respective DSHS Health Service Region, Attention: Deputy Regional Director. See Programmatic Reporting Requirements section for required reports. General Provisions, ARTICLE II SERVICES, Section 2.02 Disaster Services, is revised to include the following: In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately 5% of staffs time supporting this Program Attachment for response efforts. DSHS shall reimburse Contractor up to 5% of this Program Attachment funded by Center for Disease Control and Prevention (CDC) for personnei costs responding to an emergency event. Contractor shall maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre-event time period. Contractor shall notify the Assigned Contract Manager in writing when this provision is implemented. General Provisions, Section 12.01 Responsibilities and Restrictions Concerning Governing Board, Officers and Employees, is not applicable to this program Attachment. General Provisions, Section 12.20 Equipment (Including Controlled Assets) Purchases, is revised to include the following: For the purpose of this Program Attachment, equipment is not approved as part of the base budget for LPHS. The funds are for direct services. Although, at mid-year of the contract term, if funds are identified as not being used, the funds may be used to purchase equipment in the 3rd quarter of the contract or program attachment term. Contractor must submit proposal to redirect funds with justification as to how the equipment helps achieve the goals, objectives, and deiiverables outlined in Exhibit A (Project Service Delivery Plan). The proposai must be submitted to the contract manager assigned to the program attachment. General Provisions, General Terms Article VIII, Amendment Section 13.15, is amended to include the following: Contractor must submit all amendment and revision requests electronically through the Contract Management and Procurement System (CMPS) at least 90 days prior to the end of the term of this Program Attachment. 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2014-000020-00 b. General Provisions Subrecipient General Provisions c. Attachments Budgets d. Declarations Certification Regarding Lobbying, Certification Regarding Professional Services Contractors Not Hiring Former or Retired State Agency Employees, Child Support Certification, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification e. Exhibits Exhibit A Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18, Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: Vendor Identification Number: Calhoun County Treasurer 17460019239 004 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, including any attachments and addendums. Department of State Health Services Calhoun County Health Department By: Signature of Authorized Official By: Signature of Authorized Official Date Date Name and Title 1100 West 49th Street Address Austin, TX 7B7-4204 City, State, Zip Name and Title Address City, State, Zip Telephone Number Telephone Number E-mail Address E-maii Address ARTICLE I Section 1.01 Section 1.02 Section 1.03 Section 1.04 Section 1.05 Section 1.06 Section 1.07 Section 1.08 Section 1.09 Section 1.10 Section 1.11 ARTICLE II Section 2,01 Section 2,02 Section 2,03 Section 2,04 Section 2,05 Section 2,06 Section 2,07 ARTICLE III Section 3,01 Section 3,02 Section 3,03 Section 3,04 Section 3,05 Section 3,06 ARTICLE IV Section 4.01 Section 4,02 Section 4,03 Section 4,04 Section 4,05 ARTICLE V Section 5,01 Section 5,02 Section 5,03 Section 5,04 ARTICLE VI Section 6,01 Section 6,02 Section 6,03 ARTICLE VII Section 7,01 Section 7,02 Fiscal Year 2014 Department of State Health Services Contract General Provisions (Core/Subrecipient) COMPLIANCE AND REPORTING ....,...........,..,..,..".."............,......,..,...,..,.....,...."......,....,..,.."...5 Compliance with Statntes and Rnles. ...............,.........................,..........................................,.... 5 Compliance with Requirements of Solicitation Document. ..................................................... 5 Reporting, ........""......"........................,..""....,..........,............,.......,.........."............,....,...,...,..".., 5 Client Financial Eligibility. ......,........"....,..".............."......,...,..",.."".."..,..,......................',......, 5 Applicable Contracts La,v and Venue for Disputes. ................................................................. 5 Applicable Laws and Regnlations Regarding Fnnding Somces, ............,................................ 5 Statntes and Standards of General Applicability, ..............,...................................................., 6 Applicability of General Provisions to Interagency and Interlocal Contracts. ........................ 7 Civil Rights Policies and Complaints, ............,..................,..................,................,..................., 8 Licenses, Certifications, Permits, Registrations and Approvals. .............................................8 Funding Obligation, .....',..,..,....."........"......,.."..,......,...............,........,......,..,.,....,........,..."....,.." 9 SERViCES",..,....,....,..".."....."..............,....".."..,..,..,..,....".....,..........,......,..",...."....",..........,........",9 Education to Persons in Residential. Facilities. ......................................................................... 9 Disaster Services. ......................................................................................................................... 9 Consent to Medical Care of a Minor. ......................................................................................... 9 Telemedicine Medical Services. .................................................................................................. 9 Fees for Personal Health Services.. ............................................................................................10 Cost Effective Purchasing of Medications. ..............................................................................10 Services and Information for Persons with Limited English Proficiency............................... 10 FUNDING ..........,...........................................................................................................................,.. 10 Debt to State and Corporate Status, ..,.....................................................................................10 Application of Payment Due, ........,..,......"..,...,...,......,.."....,..,....,.."....".................',,..",....,..,..10 Use of Fnnds, ",.."..,...,.........,..,..,.........."",..,.."..,..,...........,,'...,..",.."........,......,..,..,...,..............,10 Use for Match Prohibited, "......,..",..,....,......,..",............"".....'..'"..,......,..,..""..,......,....'.."...." 11 Program Income. ....................................................................................................................... 11 N onsnpplanting, ,....",.."...."......,.........."...........,.....,..,..,....",..".."..,.........."..,......,......,....,..".." 11 PAYMENT METHODS AND RESTRiCTIONS"........".,.......",..,......".."....,......"..,...............,..,11 Payment Methods. ...."""..,.."....,....,..",................,........,....,............,....,..,..........,....."..,..,..,..,.., 11 Billing Snbmission. ......,....,......,....",..,............,..............,..,....",..,....,....,........",..,.....".."....,..,.., 11 Final Billing Snbmission, ..,........,..,..,........,.".......,........",..,........"..,........",....."..."...."....,..,.." 11 Working Capital Advance, ......,....,......"................"..".."..,..,...."......,.."..,..........,...........,..,..",12 Third Party Payors. ",..,..,..,........"....,...........,..,..,.."""..........,....,..,........,..."....,.."......",..,..,..".12 TERMS AND CONDITIONS OF PAYMENT................,.........................................,.................., 12 Prompt Payment, ,..,............,......,........",..,..,.......,..,............."........,............""".........,..',........,.. 12 Withholding Payments, ,.....,......,........""...."......,..,..,..................,..".........."",..,.."................,.. 12 Condition Precedent to Requesting Payment. ......................................................................... 12 Acceptance as Payment in Full. ................................................................................................ 13 ALLOWABLE COSTS AND AUDIT REQUIREMENTS.......................,.................................., 13 Allowable Costs, "......"..,...........,..,....,..,...."......,..,..,.....,......,..,..,........,.."",........,.....,..,........."" 13 Independent Single or Program-Specific Andit, ................................................,...................,14 Submission of Andit. ....,.....,............."...,........,....,....""..,..........,....,.............,"........,..",...........14 CONFIDENTIALITY ..,..,..,.."....",..,..........,......,..,..,...."..................,..............',........"......",..,... 14 Maintenance of Confidentiality, ........"..".............,........."......,..",..,..,......"..,..,.....,.....,...."...... 14 Department Access to PHI and Other Confidential Information...............................,..15 General Provisions (Core Subrecipient) 2014 (July 15,2013) 1 Section 7,03 Section 7,04 Section 7,05 ARTICLE VIII Section 8.01 ARTICLE IX Section 9,01 Section 9,02 Section 9,03 ARTICLE X Section 10.01 Section 10,02 Section 10,03 Section 10,04 Section 10,05 Section 10,06 Section 10,07 Section 10,08 Section 10,09 ARTICLE XI Section 11.01 Section 11.02 Section 11.03 Section 11.04 Section 11.05 Section 11.06 Section 11.07 ARTICLE XII Section 12,01 Section 12,02 Section 12,03 Section 12.04 Section 12,05 Section 12,06 Section 12,07 Section 12,08 Section 12,09 Section 12,10 Section 12,11 Section 12,12 Section 12.13 Section 12,14 Section 12,15 Section 12,16 Section 12,17 Section 12.18 Section 12,19 Section 12,20 Section 12,21 Fiscal Year 2014 Department of State Health Services Contract General Provisions (Core/Subrecipient) Exchange of Client-Identifying Information, ...."....,.......,."......"...."..,....,.."..,..........,....."......, 15 Security of Patient or Client Records. ..................................................................................... 15 IIlV/AIDS Model Workplace Gnidelines, ,...............,..........................,..................................,15 RECORDS RETENTION "....................,..,..,....".."..,.....,.....'...,..,..,........,..,..",..,........,.........,.... 15 Retention. ..,.....,..,..",...."..,......,..,.......,........",.."..,...."....,...,.......'..,......,..,....,....",....,....,......"... 15 ACCESS AND INSPECTION...."...,..,.....,..",..,.."".."..,..........,..".."....",..".."..,..,..,..........,........... 16 Access. '.....,....,.."..,......,..,.,.....,....,..,..,..,..",..".......................,..,.."..,.."......,.."..,..,..........,..........' 16 State Auditor's Office, .."....,......,..,..,......"..".."..,.......,...............,....",..""".."....".............."....,16 Responding to Deficiencies. ......................................................................................................16 NOTICE REQUIREMENTS ",..,.."......,.............""......,..,......,.."............,....,..".."....,....,..,....,..,.." 17 Child Abnse Reporting Reqnirement, ......................,..............................................................17 Significant Incidents. ................................................................................................................. 17 Litigation, ......,..,.......,..,....,..",..,..,..".."..,......,........,..",......"..,....,...........,..........,....,.."............" 17 Action Against the Contractor, ....".."..,..,..,....,....,..,...."..,...."...,.........,.,..,........,..,..",..,......".. 17 Insolvency, ,........................................................,.........,........,...............................................,...., 17 Misuse of Funds and Perfornlance Malfeasance. .................................................................... 17 Criminal Activity and Disciplinary Action, .......................................................,...................., 18 Retaliation Prohibited, ...,......""...."..........",.......,..,..,.....""..,..,....,..".."..,.........,......'..,.."......" 18 Documentation. .................................................................,........................................................ 18 ASSURANCES AND CERTIFICATIONS ,...."..,..........,..,.."".....,..,...............,..,..,..,............"....., 18 Certification, ",......,........,......"..,..........",...........,..,..""............,.."..,...,....'",.........,..,..,..,..,..".... 18 Child Snpport Delinqnencies, ..,...."..,.......,.....,...."....,..,..",...........,.......,..,....,..,......,",....,..",.., 19 Authorization. ............................................................................................................................ 19 Gifts and Benefits Prohibited. in connection with this Contract. ........................................... 19 Ineligibility to Receive the Contract, ,....................................................................................., 19 Antitrnst, ,..,..,..,............"...."....,..,......,..,..,..,.,..,...',..,..............,.....,..,.....,.,....,..,.....,..,..",...."..", 20 Initiation and Completion ofWorl<, ........................................................................................, 20 GENERAL BUSINESS OPERATIONS OF CONTRACTOR..................,............................. 20 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. .20 Management and Control Systems, ..,........,......,..,.."....,..""......".................,.......,..,..,........".. 20 Insurance. ................................................................................................................................... 21 Fidelity Bond. ........................................,................................,................................................... 21 Liability Coverage. .....,..,.."..,..,..,.."..............,..".."..,..,..,......",..,.............,..",..,..,..,..,..""..".,.., 21 Overtime Compensation. .......................................................................................................... 21 Program Site, ,.....,..,..,......,..,..",.............""..,..",..,.....,..,...............',",..,.........."....,..,..............,..22 Cost Allocation Plan, ..,.......,..",..,........"",......",................"..,..,..,..,....,......"...,....,...........,..,...., 22 No Endorseluent. ......................................................................................................................... 22 Historically Underntilized Businesses (HUBs), ..,..,......"....,....,......,..,..",..,..".......,..""",....",.., 22 Buy Texas.....................................................,..................,....,...................................................., 22 Contracts with Subrecipient and Veodor Subcontractors. ....................................................22 Statns of Snbcontractors........................................................................................................... 24 Incorporation of Terms in Suhrecipiellt Subcontracts. ..........................................................24 Independent Contractol', ..,......,....",..,..,..,..",.."......,......,....,........,..",..,..,..........,..,......,..,......", 24 Anthority to Bind, ",..,..,................"...,..,..,..",..,.."........,......,....,.."..,..,..,....,.."..,..""...,............. 24 Tax Liability. ........,..",..,..........,......,.,.,..,..........,....,..,..................."....,......,.."..,......,.................. 24 Notice of Organizational Change. ............................................................................................ 24 Quality Mauagement. ..',.........,..,..,.."..,.."....,..,.........,........"......"..,......,..,.......,..,..,..........,..,.... 25 Eqnipment (Inclnding Controlled Assets), .....,......"........,..,..,..,..........,.......,....................."".. 25 Snpplies, ,...."....,.......,.....,....."......,...."....",..,...,........."...."....,..,..,..,..,...., ,..,..........,..,....,........".. 25 General Provisions (Core Subrecipient) 2014 (July is, 2013) 2 Fiscal Year 2014 Department of State Health Services Contract General Provisions (Col'e/Subl'ecipient) Section 12,22 Section 12,23 Section 12,24 Section 12,25 Section 12,26 Section 12,27 Section 12,28 Section 12,29 ARTICLE XIII Section 13,01 Section 13,02 Section 13,03 Section 13,04 Section 13,05 Section 13,06 Section 13,07 Section 13.08 Section 13,09 Section 13,10 Section 13,U Section 13,12 Section 13,13 Section 13,14 Section 13,15 Section 13,16 Section 13,17 Section 13,18 Section 13,19 Section 13,20 Section 13,21 Section 13,22 Section 13,23 Section 13,24 ARTICLE XIV Section 14,01 Section 14,02 Section 14,03 Section 14,04 ARTICLE XV Section 15.01 Section 15,02 Section 15,03 Section 15,04 Section 15,05 ARTICLE XVI Section 16,01 Section 16,02 Section 16,03 Section 16,04 Section 16,05 Changes to Eqnipment List, ....".."..,..".."..,..,.......,.....,.....,..".."",......".."....,..,"..,......,....,...... 26 Property Inventory and Protection of Assets, .............................................................,........,.. 26 Bankrnptcy, ..,.."....".."........"..,....,.."......,..,..,.....,..".."....""..""....",......"....,..,......................", 26 Title to Pl'operty, ..,..,..",....,..,......,...........,......,...,..".."....,.."......,..,..,..,.."....,..."......,.............", 26 Property Acquisitions, .."........",.....,..........,..,..,...."..",...."..,........""............,,............."......,..", 26 Disposition of Property, .."....,'......"..,........,......,.."..",....,.."...,......'.........,.,.',......,..""........,..,.. 26 Closeout of Equipment. ....",.....,........,.."..""".."..,..,........,..,....,..........".....,....,.."............,..,..", 27 Assets as Collateral Prohibited, "......,.."..""....,............"............,....,..,....,..,............,......""......27 GENERAL TERMS ",..,..,..,.."....,..,....,.."....,.........'....',.'.'".....",..,....,..",..,..,..,..........".....,....,...27 Assignment, ...............',..........,............,....,.."....................,....,........"......",..".."....,........,.,.."....... 27 Lobbying, ..,.............,........"..,......,..,..",..,.."......,.......,..........,...,..",........"..",.."......,..............,.... 27 Conflict of Interest. "......",..,....,....,.....'.,.........,......",..,.."..,....,..",....",....",..,.,......,...........,..,.." 27 Transactions Bet\veen Related Parties. ....................................................................................28 Intellectual Property, ,..",..........,....,...............,..,..,......,......,...."...............,...,.,........,........,...,...., 28 Other Intangible Property, ......,............,.."..,.."..,....,.........."......,..........,....,....,..............,..,..,.., 29 Severability and Ambiguity, ..".....",.."..,......,.."......,..,.."...,.."...,......."".....,......,..,..,....,....,...., 29 Legal Notice, ,..,.....,............,..,......,..,..".."..,...............,'......................,..""..,....,..",........,.........,.. 29 Successors. .................................................................................................................................. 29 Headings...............................................................................,..................................................... 29 Patiies.....................,......,........,...,..............,.............................................................,.................. 29 Survivability of Terms, ........,.......,...,......,..,..,..",..,...."....,..".."..,....,...............,...................,..", 29 Direct Operation, ..,..,....",..,....",..,..,....,..,......",.,..".."..,..,.."......,..""..""........"........"........,..,.. 30 Customer Service Information. ................................................................................................30 Amendment, ".."....,....,.."........",...................,..",..,..,....,..,.."..".....""..,....,.....,....,................,.." 30 Contractor's Notification of Change to Certain Contract Provisions. .................................. 30 Contractor's Request for Revision of Certain Contract Provisions. .....................................30 Immuuity Not Waived, ,...."",....,..,....,............................""......,.."....,..".."..",......,..,...,.....,...." 31 Hold Hal'Inless and Indemnification. .......................................................................................31 Waiver, "..,..,........,.......,....".."..,....,..",..,................,........,..,"..,..,............"........,........"........,..... 31 Electronic and Information Resources Accessibility and Security Standards. ...................31 Force Majeure. ........................................................................................................................... 32 Interiul Contracts. ..................................................................................................................... 32 Cooperation and Communication. ...........................................................................................32 BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE........................ 32 Actions Constitutiug Breach of Contract, ..............,................................................,............... 32 General Remedies and Sanctions. ............................................................................................33 Notice of Remedies or Sanctions. ............................................................................................. 34 Emergency Action. .................................................................................................................... 35 CLAIMS AGAINST THE DEPARTMENT ............................................................................, 35 Breach of Contract Claim. ......................................................................,................................. 35 Notice.. ..............................,.......................................................................,............................,.... 35 Sole Remedy, ""..,......,............,......,..,....,..,......,..".."...,...........................,.........,.."....,....,....,...., 35 Condition Precedent to Suit. .....................................................................................................35 Performauce Not Suspended, "......,......,......,...,.................,...,..,....".."",..",..,..,.............,...."...35 TERMINATION AND TEMPORARY SUSPENSION .......................................,........,.......... 35 Expiration of Contract or Program Attachmeut(s), .............................................,................, 36 Effect ofTerminatiou, Contract, ........,...................................,........,.................................,...., 36 Acts Not Constituting Termination. ......................................................................................... 36 Termination or Tempol'ary Suspension Without Cause. ......................................................... 36 Termination For Cause. ............................................................................................................ 36 General Provisions (Core Subrecipient) 2014 (July 15,2013) 3 Fiscal Year 2014 Department of State Health Services Contract General Provisions (Core/Subrecipieut) Section 16,06 ARTICLE XVlI Section 17.01 Section 17.02 Section 17,03 ARTICLE XVIll Section 18,01 Section 18,02 Section 18.03 Section 18.04 Section 18,05 Notice of Termination. .............................................................................................................. 39 VOID, SUSPENDED, AND TERMINATED CONTRACTS................................................., 39 Void Contracts....................................................................................,...................................... 39 Effect of Void, Snspended, 01' Involuntarily Terminated Contract, ........................,............, 39 Appeals Rights, .....',..,........,...................."..",..,....",..,..,..,....................",.........."....".....,.......", 39 CLOSEOUT .."..,..,....,.."...................,....,..",........,.......,...,..,.....,..,.......""..,..,..,..,...,........,....".., 39 Cessation of Services At Closeout. .................................................................................,.........39 Administrative Offset. "..,..,...........,.......,...,......,..,....,....",....,............,..",.."....,..........."...,........ 39 Deadline for Closeont, ,...............,..........,..................,..........,..,....,.."..,.."..............,...,.."....,..".. 39 Payment of Refnnds, ..............................,....................,............................................................. 39 Disallo,vances and Adjustments. ..............................................................................................40 General Provisions (Core Subrecipient) 2014 (Juiy 15,2013) 4 ARTICLE I COMPLIANCE AND REPORTING Section 1.01 Compliance with Statutes and Rules. Contractor shall comply, and shall require its subcontractor(s) to comply, with the requirements of the Department's rules of general applicability and other applicable state and federal statutes, regulations, rules, and executive orders, as such statutes, regulations, rules, and executive orders currently exist and as they may be lawfully amended. The Department rules are located in the Texas Administrative Code, Title 25 (Rules). To the extent this Contract imposes a higher standard, or additional requirements beyond those required by applicable statutes, regulations, rules or executive orders, the terms of this Contract will control. Contractor further agrees that, upon notification from DSHS, Contractor shall comply with the terms of any contract provisions DSHS is required to include in its contracts under legislation effective at the time of the effective date of this Contract or during the term of this Contract. Section 1.02 Compliance with Requirements of Solicitation Document. Except as specified in these General Provisions or the Program Attachment(s), Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document, if any, (including any revised or additional terms agreed to in writing by Contractor and DSHS prior to execution of this Contract) for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document. The Parties agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract. Section 1.03 Reporting. Contractor shall submit reports in accordance with the repOlting requirements established by the Department and shall provide any other information requested by the Department in the format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the Program Attachment(s) or upon request constitutes a breach of contract, may result in delayed payment and/or the imposition of sanctions and remedies, and, if appropriate, emergency action; and may adversely affect evaluation of Contractor's future contracting opportunities with the Department. Section 1.04 Client Financial Eligibility, Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 1.05 Applicable Contracts Law and Venne for Disputes, Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, this ContractwilI be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit will be Travis County, Texas. Section 1.06 Applicable Laws and Regulations Regarding Funding Sonrces, Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, reguiations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2 of the Code of Federal Regulations), the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and SUppOlt Services Division. UGMA and UGMS can be located through web links on the DSHS website at httJl://www.dshs.state.tx.lIs/contracts/links.shtm. Contractor also shall comply with all applicable federal and state assurances contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreements 9_.14. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U,S. Health and Humau Services Grants Policy Statement, both of which may be General Provisions (Core Subrecipient) 2014 (July 15,2013) 5 located through web links on the DSHS wehsite at http://www.dshs.state.tx.us/contracts/links.shtm. For conh'acts funded by block grants, Contractor shall comply with Tex. Gov, Code Chapter 2105. Section 1.07 Statutes aud Standards of General Applicability, Contractor is responsible for reviewing and complying with all applicable statutes, rules, regulations, executive orders and policies. To the extent applicable to Contractor, Contractor shall comply with the following: a) the following statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1) Title VI of the Civil Rights Act of 1964,42 usc 99 2000d et seq.; 2) Title IX of the Education Amendments of 1972, 20 usc 99 1681- 1683, and 1685-1686; 3) Section 504 of the Rehabilitation Act of1973, 29 USC 9 794(a); 4) the Americans with Disabilities Act of 1990, 42 USC 9S 12101 et seq.; 5) Age Discrimination Act of 1975, 42 usc S9 6101-6107; 6) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970,42 USC S 290dd (b)(I); 7) 45 CFR Parts 80, 84, 86 and 91; 8) U.S. Department of Labor, Equal Employment Opportunity E;O. 11246; 9) Tex. Lab. Code Chapter 21; 10) Food Stamp Act of 1977 (7 USC 9 200 et seq.; 11) Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and oppOltunity for religious organizations; 12) Drug Abuse Office and Treatment Act of 1972, 21 usc 99 110 I et seq., relating to drug abuse; 13) Public Health Service Act of 1912, 9S 523 and 527, 42 USC S 290dd-2, and 42 CFR Part 2, relating to confidentiality of alcohol and drug abuse patient records; 14) Title VIII of the Civil Rights Act of 1968,42 usc 99 3601 et seq., relating to nondiscrimination in housing; and 15) DSHS Policy AA- 5018, Non-discrimination Policy for DSHS Programs; b) Immigration Reform and Control Act of 1986, 8 USC 9 1324a, and Immigration Act of 1990, 8 USC 1101 et seq., regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c) Pro-Children Act of 1994, 20 usc 99 6081-6084, and the Pro-Children Act of2001, 20 USC 9 7183, regarding the non-use of all tobacco products; d) National Research Service Award Act of 1971,42 USC 9S 289a-1 et seq., and 6601 (PL 93-348 and PL 103-43), regarding human subjects involved in research; e) Hatch Political Activity Act,S USC 9S 1501-1508 and 7324-28, which limits the political activity of employees whose employment is funded with federal funds; f) Fair Labor Standards Act, 29 usc 99 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 usc 99 4701 et seq., as applicable, concerning minimum wage and maximum hours; g) Tex. Gov. Code Chapter 469, pertaining to eliminating architectural barriers for persons with disabilities; h) Texas Workers' Compensation Act, Tex. Lab. Code Chapters 401-406 and 28 Tex. Admin. Code Part 2, regarding compensation for employees' injuries; i) The Clinical Laboratory Improvement Amendments of 1988, 42 USC 9 263a, regarding the regulation and certification of clinical laboratories; j) The Occnpational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR 9 1910.1030, or Title 25 Tex. Admin. Code Chapter 96 regarding safety standards for handling blood borne pathogens; k) Laboratory Animal Welfare Act of 1966,7 usc 99 2131 et seq., pertaining to the treatment of laboratolY animals; I) environmental standards pursuant to the following: I) Institution of environmental quality control measures under the National Environmental Policy Act of 1969,42 usc 99 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" 2) General Provisions (Core Subrecipient) 2014 (July 15,2013) 6 Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3) Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed, Reg. 26951 and, if applicable, flood insurance purchase requirements of Section I 02( a) ofthe Flood Disaster Protection Act of 1973 (PL 93-234); 5) Assurance ofproject consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC SS 1451 et seq.; 6) Federal Water Pollution Control Act, 33 USC S1251 et seq.; 7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC SS 300f-300j; 8) Protection of endangered species under the Endangered Species Act of 1973, 16 USC SS 1531 et seq.; 9) Conformity offederal actions to state clean air implementation plans under the Clean Air Act of 1955,42 USC SS7401 et seq.; 10) Wild and Scenic Rivers Act of 1968 (16 USC SS 1271 et seq.) related to protecting certain rivers system; and 11) Lead-Based Paint Poisoning Prevention Act (42 USC SS 4801 et seq,) prohibiting the use oflead-based paint in residential construction or rehabilitation; m) Intergovernmental Personnel Act of 1970 (42 USC SS4278-4763) regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration (5 CFR Palt 900, Subpart F); n) Titles II and III of the Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646), relating to fair treatment of persons displaced or whose propelty is acquired as a result of Federal or federally-assisted programs; 0) Davis-Bacon Act (40 USC SS 276a to 276a-7), the Copeland Act (40 U.S.C. S 276c and 18 USC S 874), and the Contract Work Hours and Safety Standards Act (40 USC SS 327-333), regarding labor standards for federally-assisted construction subagreements; p) National Historic Preservation Act of 1966, S106 (16 USC S 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1974 (16 USC SS 469a-l et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; q) financial and compliance audits in accordance with Single Audit Act Amendments of 1996 and OMB . Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations;" r) Trafficking Victims Protection Act of2000, Section 106(g) (22 USC S7104); s) Executive Order, Federal Leadership on Reducing Text Messaging While Driving, October I, 2009, if required by a federal funding source ofthe Contract; and t) requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies, If this Contract is funded by a federal grant or cooperative agreement, additional state or federal requirements found in the Notice of Grant Award are imposed on Contractor and incorporated herein by reference. Contractor may obtain a copy of any applicable Notice of Grant A ward from the contract manager assigned to the Program Attachment. Section 1.08 Applicability of General Provisions to Interagency and Interlocal Contracts, Certain sections or portions of sections ofthese General Provisions wilI not appiy to Contractors that are State agencies or units oflocal govermnent; and celtain additional provisions will apply to such Contractors. a) The following sections or pOltions of sections ofthese General Provisions will not apply to interagency or interlocal contracts: I) Hold Hal'llless and Indemnification, Section 13.19; 2) Independent Contractor, Section 12,15 (delete the third sentence in its entirety; delete the word "employees" in the fomth sentence; the remainder of the section applies); 3) Insurance, Section 12.03; 4) Liability Coverage, Section 12.05; 5) Fidelity Bond, Section 12.04; General Provisions (Core Subrecipient) 2014 (July 15, 2013) 7 6) Historically Underutilized Businesses, Section 12.10 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity); 7) Debt to State and Corporate Status, Section 3.01; 8) Application of Payment Due, Section 3,02; and 9) Article XV Claims against the Department (This Article is inapplicable to interagency contracts only), b) The following additional provisions will apply to interagency contracts: 1) Tbis Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interagency Cooperation Act, Tex. Gov. Code Chapter 771; 2) The Parties hereby certify that (1) the services specified are necessary and essential for the activities that are properly within the statutory functions and programs ofthe affected agencies of State government; (2) the proposed arrangements serve the interest of efficient and economical administration of the State government; and (3) the services, supplies or materials contracted for are not required by Section 21 of Alticle 16 of the Constitution of the State of Texas to be supplied under contract given to the lowest responsible bidder; and 3) DSHS certifies that it has the authority to enter into this Contract granted in Tex. Health & Safety Code Chapter 1001, and Contractor certifies that it has specific statutory authority to enter into and perform this Contract. c) The following additional provisions will apply to interlocal contracts: 1) This Contract is entered into pursnant to the authority granted and in compliance with the provisions ofthe Interlocal Cooperation Act, Tex. Gov. Code Chapter 791; 2) Payments made by DSHS to Contractor will be from current revenues available to DSHS; and 3) Each Party represents that it has been authorized to enter into this Contract. d) Contractor agrees that Contract Revision Requests (pnrsuant to the Contractor's Request for Revision to Certain Contract Provisions section), when signed by a duly authorized representative of Contractor, will be effective as ofthe effective date specified by the Depattment, whether that date is prior to or after the date of any ratification by Contractor's governing body. Section 1.09 Civil Rights Policies and Complaints. Upon request, Contactor shall provide the Health and HUmatl Services Commission (HHSC) Civil Rights Office with copies of all Contractor's civil rights policies and procedures, Contractor shall notifY HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten (10) calendar days after Contractor's receipt of the claim. Notice must be directed to- Civil Rights Office Health and Human Services Commission 701 W. 51st St., Mail Code W206 Austin, Texas 78751 (888) 388-6332 or (512) 438-4313 TTY Toll-free (877) 432-7232 HHSCivilRightsOffice@hhsc.state.tx,us Section 1.10 Licenses, Certifications, Permits, Registrations and Approvals, Contractor shall obtain and maintain all applicable licenses, certifications, permits, registrations and approvals to conduct its business and to perform the services under this Contract. Failure to obtain or any revocation, surrender, expiration, non-renewal, inactivation or suspension of any such license, certification, permit, registration or approval constitutes grounds for telmination of this Contract or other remedies the Depattment deems appropriate. Contractor shall ensure that all its employees, staff and volunteers obtain and maintain in active status all licenses, certifications, permits, registrations and approvals required to perform their duties under this Contract General Provisions (Core Subrecipient) 2014 (July 15,2013) 8 and shall prohibit any person who does not hold a current, active required license, cettification, permit, registration or approval from performing services under this Contract. Section 1.11 Funding Obligation. This Contract is contingent upon the availability offunding. Iffunds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment of the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce 01' terminate funding under this Contract. Notice of any restriction or reduction will include instructions and detailed infonnation on how DSHS will fund the services and/or goods to be procured with the restricted or reduced funds. ARTICLE II SERVICES Section 2.01 Education to Persons in Residential Facilities, If applicable, Contractor shall ensure that all persons, who are housed in Depmtment-licensed and/or -funded residential facilities and who are twenty-two (22) years of age or younger, have access to educational services as required by Tex. Educ. Code ~ 29.012, Contractor shall notify the local education agency or local early intervention program as prescribed by Tex, Educ, Code ~ 29.012 not later than the third calendm' day after the date a person who is twenty-two (22) years of age or younger is placed in Contractor's residential facility. Section 2.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or as a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as appropriate, in the following areas: community evacuation; heaith and medical assistance; assessment of health and medical needs; health surveillance; medical care personnel; health and medical equipment and supplies; patient evacuation; in-hospital care and hospital facility status; food, drug, and medical device safety; worker health and safety; mental health and substance abuse; public health information; vector control and veterinary services; and victim identification and mOltuary services. Contractor shall cany out disaster services in the manner most responsive to the needs of the emergency, be cost-effective, and be least intrusive on Contractor's primary services. Section 2.03 Consent to Medical Care of a Minor, If Contractor provides medical, dental, psychological or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors, Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to Tex. Fam. Code Chapter 32, relating to consent to treatment of a child by a non-parent or child or pursuant to other state law. Ifrequirements of federal law relating to consent directly conflict with Tex. Fall. Code Chapter 32, federal law supersedes state law. Section 2.04 Telemedicine Medical Services, Contractor shall ensure that if Contractor 01' its subcontractor uses telemedicine/telepsychiatry that the services m'e implemented in accordance with written procedures and using a protocol approved by Contractor's medical director and using equipment that complies with the equipment standards as required by the Depmtment. Procedures for providing telemedicine service must include the following requirements: a) clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; b) contraindication considerations for telemedicine use; c) qualified staff members to ensure the safety ofthe individual being served by telemedicine at the remote site; d) safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e) use by credentialed licensed providers providing clinical care within the scope of their licenses; General Provisions (Core Subrecipient) 2014 (July 15,2013) 9 f) demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g) priority in scheduling the system for clinical care of individuals; h) quality oversight and monitoring of satisfaction of the individuals served; and i) management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites, Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under Rule 9448.911. Section 2.05 Fees for Personal Health Services. Contractor may develop a system and schedule of fees for personal health services in accordance with the provisions of Tex. Health & Safety Code 912.032, DSHS Rule 91.91 covering Fees for Personal Health Services, and other applicable laws or grant requirements. The amount of a fee must not exceed the actual cost of providing the services. No client may be denied a service due to inability to pay. Any charges assessed to individuals for screenings must be accounted for as Program Income in accordance with the DSHS Contractor's Financial Procedure Manual. Section 2.06 Cost Effective Purchasing of Medications. Ifmedications are funded under this Contract, Contractor shall make needed medications available to clients at the lowest possible prices and use the most cost effective medications purchasing arrangement possible. Section 2.07 Services and Information for Persons with Limited English Proficiency, Contractor shall take reasonable steps to provide services and infOlmation, both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. Contractor shall identifY and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter, Contractor shall make every effort to avoid use of any persons under the age of eighteen (18) or any family member or friend ofthe client as an interpreter for essential communications with a client with limited English proficiency, unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. ARTICLE III FUNDING Section 3.01 Debt to State and Corporate Statns, Pursuant to Tex. Gov. Code 9403.055, the Depmtment will not approve and the State Comptroller will not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. Contractor, if a corporation, ce1tifies by execution of this Contract that it is CUlTent and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code 99171.001 et seq,), Contractor, if a corporation, fUlther certifies that it is and will remain in good standing with the Secretary of State's office. A false statement regarding franchise tax or corporate status is a material breach of this Contract. Iffi'anchise tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 3.02 Application of Payment Due, Contractor agrees that any payments due under this Contract will be applied towards any debt of Contractor, including but not limited to delinquent taxes and child SUPPOlt that is owed to the State of Texas. Section 3.03 Use of Funds, Contractor shall expend Department funds oniy for the provision of approved services and for reasonable and allowable expenses directly related to those services, General Provisions (Core Subrecipient) 2014 (July 15, 2013) 10 Section 3.04 Use for Match Prohibited. Contractor shall not use funds provided through this Contract for matching purposes in securing other funding unless directed or approved by the Depmtment in writiug. Section 3.05 Program Income, Gross income directly generated from Department funds through a project or activity performed under a Program Attachment and/or earned only as a result of a Program Attachment during the term of the Program Attachment are considered program income. Unless otherwise required under the terms ofthe grant funding this Contract, Contractor shall use the addition alternative, as provided in UGMS S _.25(g)(2), for the use of program income to fmther the program objectives of the state or federal statute under which the Program Attachment was made, and Contractor shall spend the program income on the same Program Attachment project in which it was generated. Contractor shall identify and repolt this income in accordance with the Compliance and Reporting Article of these General Provisions, the Contractor's Financial Procedures Manuallocated at http://www.dshs.state.tx.us/contracts/cfmTI.shtm and the provisions of the Program Attachment(s). Contractor shall expend program income during the Program Attachment term and may not carry forward to any succeeding term. Contractor shall refund program income not expended in the term in which it is earned to DSHS. DSHS may base future funding levels, in part, upon Contractor's proficiency in identifYing, billing, collecting, and repOlting program income, and in using it for the purposes and under the conditions specified in this Contract. Section 3.06 Nonsupplanting, Contractor shall not supplant (i.e., use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Contract) but rather shall use funds from this Contract to supplement existing state or locai funds currently available for a particulm' activity, Contractor shall make a good faith effOlt to maintain its current level of SUPPOlt. Contractor may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE IV PAYMENT METHODS AND RESTRICTIONS Section 4.0 I Payment Methods, Except as otherwise provided by the provisions ofthe Program Attachment(s), the payment method for each Program Attachment will be one of the following methods: a) cost reimbursement. This payment method is based on an approved budget in the Program Attachment(s) and acceptable submission of a request for reimbursement; or b) unit rate/fee-for-service, This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service, as stated in the Program Attachment(s) and acceptable submission of all required documentation, forms and/or repOlts. Section 4.02 Billing Submission. Contractors shall bill the Department in accordance with the Program Attachment(s) in the form and format prescribed by DSHS. Unless otherwise specified in the Program Attachment(s) or permitted under the Third Pmty Payors section ofthis Article, Contractor shall submit requests for reimbursement or payment monthly by the last business day of the month following the end of the month covered by the bill. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Section 4.03 Final Billing Submission, Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than sixty (60) calendar days following the end of the term of the Program Attachment for goods received and services rendered during the term. If necessary to meet this deadline, Contractor may submit reimbursement or payment requests by facsimile transmission, Reimbursement or payment requests received in DSHS's offices more than sixty (60) calendar days following the end of the applicable term will not be paid. Consideration of requests for an exception will be made on a case-by-case basis, subject to the availability of funding, and only for an extenuating circumstance, such as a catastrophic event, natural disaster, or criminal activity that substantially General Provisions (Core Subrecipient) 2014 (July 15,2013) 11 interferes with normal business operations or causes damage or destruction of a place of business and/or records. A written statement describing the extenuating circumstance and the last request for reimbursement must be submitted for review and approval to the DSHS Accounting Section. Section 4.04 Working Capital Advance, If ailowed under this Contract, a single one-time working capital advance per term ofthe Program Attachment may be granted at the Department's discretion. Contractor must submit documentation to the contract manager assigned to the Program Attachment to justify the need for a working capital advance. Contractor shall liquidate the working capital advance as directed by the Depattment. The requirements for the documentation justifying the need for an advance and the directions for liquidating the advance are found in the Contractor's Financial Procedures Manual located at http://www .dshs.state. tX.lIs/ contracts/cfmTI.shtm. Section 4.05 Third Party Payors, A third patty payor is any person or entity who has the legal responsibility for paying for all or part of the services provided. Third patty payors include, but are not limited to, commercial health or liability insurance cat"fiers, Medicaid, or other federal, state, local, and private funding sources. Except as provided in this Contract, Contractor shall screen all clients and shail not bill the Department for services eligible for reimbursement from third patty payors. Contractor shall (a) enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs, and bill those programs for the covered services; (b) provide assistance to individnals to enroil in such programs when the screening process indicates possible eligibility for such programs; (c) ailow clients who are otherwise eligible for Department services, but cannot pay a deductible required by a third patty payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; (d) not bill the Department for any services eligible for third patty reimbursement until all appeals to third party payors have been exhausted, in which case the thitty (30)-day requirement in the Billing Submission section will be extended until all such appeals have been exhausted; (e) maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; (f) bill all third patty payors for services provided under this Contract before submitting any request for reimbursement to Department; and (g) provide third party billing functions at no cost to the client. ARTICLE V TERMS AND CONDITIONS OF PAYMENT Section 5.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Depaltment will pay Contractor. Payments and reimbursements are contingent upon a signed Contract and will not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment or reimbursement only if the service, work, and/or product has been authorized by the Depattment and performed or provided pursuant to this Contract. Ifthose conditions are met, Department will make payment in accordance with the Texas prompt payment law (Tex. Gov. Code Chapter 2251), Contractor shall comply with Tex. Gov. Code Chapter 2251 regarding its prompt payment obligations to subcontractors. Payment of invoices by the Department will not constitute acceptance or approval of Contractor's perfonnance, and all invoices and Contractor's performance are subject to audit or review by the Department. Section 5.02 Withholding Payments, Depattment may withhold all or patt of any payments to Contractor to offset reimbursement for any ineligible expenditures, disailowed costs, or overpayments that Contractor has not refunded to Department, or if financial status report(s) required by the Department are not submitted by the date(s) due. Department may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Section 5.03 Condition Precedent to Requesting Payment. Contractor shail disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from Depattment. General Provisions (Core Subrecipient) 2014 (July 15,2013) 12 Section 5.04 Acceptance as Payment in Full. Except as permitted in the Fees for Personal Health Services section ofthe Services Article of these General Provisious or under 25 Tex. Admin. Code S 444.413, Contractor shall accept reimbursement or payment from DSHS as payment in full for services or goods provided to clients or participants, and Contractor shall not seek additional reimbursement or payment for services or goods from clients or participants or charge a fee or make a profit with respect to the Contract. A fee or profit is considered to be an amount in excess of actual allowable costs that are incurred in conducting an assistance program. ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 6.01 Allowable Costs, For services satisfactorily performed, and sufficiently documented, pursuant to this Contract, DSHS will reimburse Contractor for allowable costs. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall retmu the funds to DSHS within thitty (30) calendar days of the date of this written notice. DSHS may witWlOld all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include- Applicable Entity Applicable Cost Audit Requirements Administrative Princinles Requirements State, Local and Tribal OMB Circular A-87 OMB Circular DGMS, OMB Circular Governments (2 CFR, Part 225) A-133 and DGMS A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 OMB Circular OMB Circular A-110 (2 (2 CFR, Pmt 220) A-133 CFR, Part 215) and applicable Federal awarding agency common rule; and DGMS, as applicable Non-Profit OMB Circulm' OMB Circular DGMS; OMB Circular Organizations A-122 (2 CFR, Part A-133 and DGMS A-110 (2 CFR, Part 230) 215) and applicable Federal awarding agency common rule For-profit Organization 48 CFR Pmt 31, OMB Circular A- DGMS and applicable other than a hospital and Contract Cost 133 and DGMS Federal awarding an organization named Principles agency common rule in OMB Circular A-122 Procedures, or (2 CFR Patt, 230) as not uniform cost subject to that circular. accountiug standards that comply with cost principles acceptable to the General Provisions (Core Subrecipient) 2014 (July 15, 2013) 13 I federa~ or state awardmg agency A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. Section 6,02 Independent Single or Program-Specific Audit. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in federal funds awarded, Contractor shall have a single audit or program-specific audit in accordance with the Office of Management and Budget (OMB) Circ. No. A-133, the Single Audit Act of 1984, P L 98-502,98 Stat. 2327, and the Single Audit Act Amendments of 1996, P L 104-156,110 Stat. 1396. The $500,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Contractor within Contractor's fiscai year expends a total amount of at least $500,000 in state funds awarded, Contractor must have a single audit or program-specific audit in accordance with UGMS, State of Texas Single Audit Circular. For-profit Contractors whose expenditures meet or exceed the federal and/or state expenditure thresholds stated above shall follow the guidelines in OMB Circular A-133 or UGMS, as applicable, for their program-specific audits. The HHSC Office ofInspector General (OIG) will notify Contractor to complete the Single Audit Status Registration Form. If Contractor fails to complete the Single Audit Status Form within thitty (30) calendar days after notification by OIG to do so, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSHS website at http://www.dshs.state.tx.us/contl.acts/links.shtm. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions ofUGMS. Contractor, unless Contractor is a state governmental entity, shall competitively re-procure independent single audit services at least eVelY six (6) years. Section 6,03 Submissiou of Audit. Within thirty (30) calendar days of receipt ofthe audit reports required by the Independent Single or Program-Specific Audit section, Contractor shall submit one copy to the Department's Contract Oversight and SUppOlt Section, and one copy to the OIG, at the following addresses: Department of State Health Services Contract Oversight and Support, Mail Code 1326 P.O. Box 149347 Austin, Texas 78714-9347 Health and Human Services Commission Office of Inspector General Compliance/Audit, Mail Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 If Contractor fails to submit the audit report as required by the Independent Single or Program-Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE VII CONFIDENTIALITY Section 7.01 Maintenance of Confidentiality, Contractor must maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected health information (PHI), and any other infOlmation that discloses confidential personal information or identifies any client served by DSHS, in accordance with applicable federal and state laws, rules and regulations, including but not limited to 7 CFR Part 246; 42 CFR Part 2; 45 General Provisions (Core Subrecipient) 2014 (July 15,2013) 14 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); Tex. Health & Safety Code Chapters 12,47,81,82,85,88,92, 161, 181,241,245,251,534,576,577,596,611, and 773; and Tex. Occ, Code Chapters 56 and 159 and all applicable rules and regnlations. Section 7.02 Department Access to PHI and Other Confidential Information, Contractor shall cooperate with Department to allow Depaltment to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program, and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 7.03 Exchange of Client-Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR !l 1 64.504( e)(3)(i)(B), Tex. Health & Safety Code !l 533.009 and Rule Chapter 414, Subchapter A or other applicable iaws or rules. Contractor shall disclose information described in Tex. Health & Safety Code !l 614.017(a)(2) relating to special needs offenders, to an agency described in Tex. Health & Safety Code!l 614.0 17( c) upon request ofthat agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall maintain patient and client records in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Dep31tment may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination ofthis Contract or a Program Attachment to this Contract, as applicable, or ifthe care and treatment of the individnal patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if care or treatment is transferred to another DSHS- funded contractor. Section 7.05 HIV/AIDS Model Workplace Gnidelines, If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIVlAlDS (human immunodeficiency virns/acquired immunodeficiency syndrome) Model Workplace Guidelines for Businesses, State Agencies, and State Contractors, Policy No. 090.021, and Contractor shall educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Tex. Health & Safety Code S 85.112-114. A link to the Model Workplace Guidelines can be found at htto://www.dshs.state.tx.lIs/hivstd/oolicv/oolicies.shtm. ARTICLE VIII RECORDS RETENTION Section 8.01 Retention, Contractor shall retain records in accordance with applicabie state and federal statutes, rules and regulations. At a minimum, Contractor shall retain and preserve all other records, including financial records that are generated or collected by Contractor under the provisions of this Contract, for a period offour (4) years after the termination ofthis Contract. If services are funded through Medicaid, the federal retention period, if more than four (4) years, will apply. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit are resolved. Legal requirements for Contractor may extend beyond the retention schedules established in this section. Contractor shall retain medical records in accordance with Tex. Admin. Code Title 22, Part 9, !l165.1(b) and (c) or other applicable statutes, rules and regulations gove1'l1ing medical information. Contractor shall include this provision conceming records retention in any subcontract it awards. If Contractor ceases business operations, it shall ensure that records relating to this Contract are securely General Provisions (Core Subrecipient) 2014 (July 15,2013) 15 stored and are accessible by the Department upon Department's request for at least four (4) years from the date Contractor ceases business or from the date this Contract terminates, whichever is sooner. Contractor shall provide, and update as necessary, the name and address of the pmty responsible for storage of records to the contract manager assigned to the Program Attachment. ARTICLE IX ACCESS AND INSPECTION Section 9.01 Access, In addition to any right of access arising by operation oflaw, Contractor, and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, iucluding the Comptroller General ofthe United States, OIG, and the State Auditor's Office (SAO), unrestricted access to and the right to examine any site where business is conducted or client services are performed, and all records (including financial records, client and patient records, if any, and Contractor's personnel records and governing body personnel records), books, papers or documents related to this Contract; and the right to interview members of Contractor's governing body, staff, volunteers, participants mld clients concerning the Contract, Contractor's business and client services. If deemed necessary by the Depmtment or the OIG, for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Depm.tment and HHSC will have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Payments will not foreclose the right of Depm.tment and HHSC to recover excessive or illegal payments. Contractor shall make available to the Depaltment information collected, assembled or maintained by Contractor relative to this Contract for the Department to respond to requests that it receives under the Public Information Act. Contractor shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any subcontract it awards. Section 9.02 State Auditor's Office, Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during nOlmal business hours to any authorized representative of the SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct ofthe audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to audit funds will apply to Contract funds disbursed by Contractor to its subcontractors, and Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any subcontract Contractor awards. Section 9.03 Responding to Deficiencies, Any deficiencies identified by DSHS or HHSC upon exmnination of Contractor's records or during an inspection of Contractor's site(s) will be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection, program or management review or financial audit to the satisfaction ofDSHS or, if directed by DSHS, a corrective action plan to resolve the deficiency. A DSI-IS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non-Compliance Article ofthese General Provisions. General Provisions (Core Subrecipient) 2014 (July 15,2013) 16 ARTICLE X NOTICE REQUIREMENTS Section 10.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: Human Immunodeficiency Virus/Sexually Transmitted Diseases (HIV/STD); Family Planning (Titles V, X and XX); Primary Health Care; Maternal and Child Health; and Women, Infants and Children (WIC) Nutrition Services. Contractor shall make a good faith effortto comply with child abuse reporting guidelines and requirements in Tex. Fam. Code Chapter 261 relating to investigations of reports of child abuse and neglect. . Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on repOlting requirements. Contractor shall use the DSHS Child Abuse Reporting Form as required by the Department located at www.dshs.state.tx.us/childabusereporting. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. Section 10.02 Significant Incidents, In addition to notifYing the appropriate authorities, Contractor shall repOlt to the contract manager assigned to the Program Attachment significant incidents involving substantial disruption of Contractor's program operation, or affecting or potentially affecting the health, safety or welfare of Department-funded clients or participants within seventy-two (72) hours of discovery. Section 10.03 Litigation. Contractor shall notify the contract manager assigned to the Program Attachment of litigation related to or affecting this Contract and to which Contractor is a party within seven (7) calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, including environmental and civil rights matters, professional liability, and employee litigation. Notification must include the names of the parties, nature ofthe litigation and remedy sought, including amount of damages, if any. Section 10.04 Action Against the Contractor, Contractor shall notify the contract manager assigned to the Program Attachment if Contractor has had a contract suspended or tenninated for cause by any local, state or federal department or agency or nonprofit entity within three (3) working days ofthe suspension or termination. Such notification must include the reason for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the contract; and the contract or case reference number. If Contractor, as an organization, has surrendered its license or has had its license suspended or revoked by any local, state or federal department or agency or non-profit entity, it shall disclose this information within three (3) working days of the sun-ender, suspcnsion or revocation to the contract manager assigned to the Program Attachment by submitting a one-page description that includes the reason(s) for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the license action; and a license or case reference number. Section 10,05 Insolvency, Contractor shall notifY in writing the contract manager assigned to the Program Attachment of Contractor's insolvency, incapacity, or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three (3) working days of the date of determination that Contractor is insolvent or incapacitated, or the date Contractor discovered an unpaid obligation to the IRS or TWC. Contractor shall notifY in writing the contract manager assigned to the Program Attachment of its plan to seek bankruptcy protection within three (3) working days of such action by Contractor's governing body. Section 10,06 Misuse of Funds and Performance Malfeasance, Contractor shall repOlt to the contract manager assigned to the Program Attachment, any knowledge of debarment, suspected fraud, program abuse, possible illegal expenditures, unlawful activity, or violation of financial laws, rules, policies, and procedures related to performance under this Contract. Contractor shall make such report no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. General Provisions (Core Subrecipient) 2014 (July 15,2013) 17 Additionally, if this Contract is federally funded by the Department of Health and Human Services (HHS), Contractor shall rep01t any credible evidence that a principal, employee, subcontractor or agent of Contractor, or any other person, has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Contractor shall make this rep01t to the SAO at http;//sao.fraud.state.tx.lJs, and to the HHS Office ofInspector General at http;//www.oig.hhs.gov/fraud/hotline/ no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 10.07 Criminal Activity and Disciplinary Action. Contractor affirms that no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision, received deferred adjudication, is presently indicted for or has been convicted of a criminal offense related to any financial matter, federal or state program or felony sex crime. Contractor shall notify in writing tlle contract manager assigned to the Program Attachment if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that would constitute a criminal offense equal to or greater than a Class A misdemeanor or if such activity would reasonably constitute grounds for disciplinary action by a state or federal regulatory authority, or has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall make the reports required by this section no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Contractor shall not permit any person who engaged, or was alleged to have engaged, in an activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed by DSHS. Section 10.08 Retaliation Prohibited, Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. Section 10.09 Documenta lion, Contractor shall maintain appropriate documentation oi all notices required under these General Provisions. ARTICLE XI ASSURANCES AND CERTIFICATIONS Section 11.01 Certification. Contractor ce1tifies by execution of this Contract to the following: a) it is not disqualified under 2 CFR 9376,935 or ineligible for patticipation in federal or state assistance programs; b) neither it, nor its principals, are presently debarred, suspended, proposed for debatment, declared ineligible, or voluntarily excluded from patticipation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180 (parts A-I), 45 CFR Patt 76 (or comparable federal regulations); c) it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a iederal or state agency; d) it is not subject to an outstanding judgment in a suit against Contractor for collection ofthe balance of a debt; e) it is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor; f) that no person who has an ownership or controlling interest in Contractor or who is an agent 01' managing employee of Contractor has been convicted of a criminal offense related to involvement in any progratn established under Medicare, Medicaid, or a iederal block grant; General Provisions (Core Subrecipient) 2014 (July 15,2013) 18 g) neither it, nor its principals have within the three(3)-year period preceding this Contract, has been convicted of or bad a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a private or public (federal, state or local) transaction or contract under a private or public transaction, violation of federal or state antitrust statutes (including those proscribing price-fixing between competitors, allocation of customers between competitors and bid-rigging), or commission of embezziement, theft, forgery, bribery, falsification or destruction of records, making false statements or false claims, tax evasion, obstruction of justice, receiving stolen propelty or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h) neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with the commission of any of the offenses enumerated in subsection g) ofthis section; and i) neither it, nor its principals within a three(3)-year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. Contractor shall include the certifications in this Article, without modification (except as required to make applicable to the subcontractor), in all subcontracts and solicitations for subcontracts. Where Contractor is unable to celtify to any of the statements in this Article, Contractor shall submit an explanation to the contract manager assigned to the Program Attachment. If Contractor's status with respect to the items celtified in this Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Program Attachment. Section 11.02 Child Support Delinquencies, As required by Tex. Fam. Code ~ 231.006, a child SUPPOlt obligor who is more than thirty (30) calendar days delinquent in paying child SUPPOlt and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least twenty-five percent (25%) is not eligible to receive payments from state funds under a contract to provide property, materials, or services or receive a state-funded grant or loan. If applicable, Contractor shall maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payments specified in this Contract, and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 11.03 Authorizatiou, Contractor certifies that it possesses legal authority to contract for the services described in this Contract and that a resolution, motion or similar action has been duly adopted or passed as an official act of Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing the person identified as the authorized representative of Contractor to act in connection with this Contract aud to provide such additional information as may be required, Section 11.04 Gifts and Benefits Prohibited. Contractor celtifies that it has not given, offered to give, nor intends to give at any time hereafter, any economic oppOltunity, present or future employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary value to a DSHS or HHSC official or employee in cOlmection with this Contract. Section 11.05 Ineligibility to Receive the Contract. (a) Pursuant to Tex. Gov. Code ~ 2155.004 and federal law, Contractor is ineligible to receive this Contract ifthis Contract includes financial participation by a person who received compensation from DSHS to pmticipate in developing, drafting or preparing the specifications, requirements, statement(s) of work or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor, nor its employees, nor anyone acting for Contractor has received compensation from DSHS for participation in the development, drafting or prepm'ation of specifications, General Provisions (Core Subrecipient) 2014 (July 15,2013) 19 requirements or statement(s) of work for this Contract or in tbe Solicitation Document on which this Contract is based; (b) pursuant to Tex. Gov. Code 55 2155,006 and 2261.053, Contractor is iueligible to receive this Contract, if Contractor or any person who would have financial participation in this Contract has been convicted of violating federal law, or been assessed a federal civil or administrative penalty, in connection with a contract awarded by the federal government for relief, recovery or reconstruction effOlts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005; (c) Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Tex. Gov. Code 55 2155.004, 2155.006 or 2261.053, and acknowledges that this Contract may be terminated and payment withheld ifthese certifications are inaccurate. Section 11.06 Antitrust. Pursuant to IS usc 5 I, et seq. and Tex. Bus. & Comm, Code 5 15.01, et seq. Contractor cmtifies that neitber Contractor, nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws, nor communicated directly or indirectly regarding a bid with any competitor or any other person engaged in Contractor's line of business fortbe purpose of substantially lessening competition in such line of business. Section 11.07 Initiation and Completion of Work, Contractor certifies that it shall initiate and complete the work under this Contract within the applicable time frame prescribed in this Contract. ARTICLE XII GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 12.01 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees, Contractor and its governing body shall bear full responsibility for the integrity of tbe fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c)(3) organizations as defined in the Internal Revenue Service Code as not-for-profit organizations. Each member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and Department's monitoring processes. Further, Contractor's governing body shall ensure separation of powers, duties, and functions of goveming body members and staff. Staff members, including the executive director, shall not serve as voting members of Contractor's governing body. No member of Contractor's governing body, or officer or employee of Contractor shall vote for, confilID or act to influence the employment, compensation or change in status of any person related within the second degree of affinity or tbe third degree of consanguinity (as defined in Tex. Gov. Code Chapter 573) to the member of the governing body or the officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two (2) years prior to the election, appointment or employment of the officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to tbe governing body, officers and employees of Contractor's subcontractors. Ignorance of any Contract provisions or other requirements contained or referred to in tbis Contract will not constitute a defense or basis for waiving or appealing such provisions or requirements. Section 12.02 Management and Control Systems. Contractor shall comply with all the requirements ofthe Depaltment's Contractor's Financial Procedures Manual, and any ofits subsequent amendments, which is available at the Department's web site: hllp://www.dshs.state.tx.us/contracts/cfpll1.shtm. Contractor shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met during the term of the contract tbrough the completion of the closeout procedures. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the General Provisions (Core Subrecipient) 2014 (July 15, 2013) 20 requirements ofUGMS and adhere to procedures detailed in Department's Contractor's Financial Procedures Manual. Those requirements and procedures include, at a minimmn, the following: a) financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; b) financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to the Program Attachment and are traceable from the transaction to the general ledger; and c) effective internal and budgetary controls; comparison of actual costs to budget; detennination of reasonableness, allowableness, and allocability of costs; timely and appropriate audits and resolution of any findings; billing and collection policies; and a mechanism capable of billing and making reasonable efforts to collect from clients and third pmties. Section 12.03 Insurance. Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Depmtment funds, Contractor shall repair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen, damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen, dmnaged or destroyed, Contractor shall notify the contract manager assigned to the Program Attachment to obtain instructions whether to submit and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment or replace the equipment with comparable equipment or remit the insurance proceeds to DSHS. Section 12.04 Fidelity Bond. For the benefit ofDSHS, Contractor is required to cmT)' a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to $100,000 that covers each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. The fidelity bond or insurmlce must provide for indemnification of losses occasioned by (1) any frauduient or dishonest act or acts committed by any of Contractor's employees, either individually or in conceIt with others, and/or (2) failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. The bond or insurance acquired under this section must inclnde coverage for third patty property. Contractor shall notify, and obtain prior approval fi'om, the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance, Section 12.05 Liability Coverage. For the benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred to in Tex. Gov. Code 92261.102, as "director and officer liability coverage" or similar coverage for all persons in mmmgement or governing positions within Contractor's organization or with management or governing authority over Contractor's organization (collectively "responsible persons"). Contractor shall maintain copies ofliability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. This section applies to entities that are organized as non-profit corporations under the Texas Non-Profit Corporation Act; for-profit corporations organized under the Texas Business Corporations Act; and any other legal entity. Contractor shall maintain liability insurance coverage in an amount not less than the total value ofthis Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a responsible person damages Department's interests. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and SUppOlt Section before settling a claim on the insurance. Section 12.06 Overtime Compensation. Except as provided in this section, Contractor shall be responsible for any obligations of premium oveltime pay due empioyees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion General Provisions (Core Subrecipient) 2014 (July 15, 2013) 21 of oveltime only under the following conditions: 1) with the prior written approval ofDSHS; 2) temporarily, in the case of an emergency or an occasional operational bottleneck; 3) when employees are performing indirect functions, such as administration, maintenance, or accounting; 4) in performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or 5) when lower overall cost to DSHS will result. Section 12.07 Program Site, Contractor shall provide services only in locations that are in compliance with all applicable local, state and federal zoning, building, health, fire, and safety standards. Section 12.08 Cost Allocation Plan, Contractor shall submit a Cost Allocation Plan in the format provided in the Department's Contractor's Financial Procedures Manual to the Department's Contract Oversight and SUppOlt Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to maiito:coscap(cU,dshs.state.tx.us no later than the 60th calendar day after the effective date ofthe Contract, except when a Contractor has a cnrrent Cost Allocation Plan on file with the Depmtment. Contmctor shall implement and follow the applicable Cost Allocation Plan. If Contractor's plan is the same as the plan previously submitted to DSHS, by signing this Contract, Contractor ce1tifies that its CUlTent Cost Allocation Plan for the current year is the smne as the plan previously submitted. If the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within thirty (30) calendm' days after the effective date ofthe change. Cost Allocation Pians must comply with the guidelines provided in the Depmtment's Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts/cfpm.shtm. Section 12.09 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors are prohibited from publicizing the contractual relationship between Contractor and DSHS, and from using the Depaltment's name, logo or website link in any manner that is intended, or that could be perceived, as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent ofDSHS, Section 12.10 Historically Under utilized Businesses (HUBs), If Contractor was uot required to submit a HUB subcontractiug plan and if subcontracting is permitted under this Program Attachment, Contractor is encouraged to make a good faith effOlt to consider subcontracting with HUBs in accordance with Tex. Gov, Code Chapter 2161 and 34 Tex. Admin. Code ~ 20.10 et seq. Contractors may obtain a list of HUBs at http://www.window.state.tx.us/procurement/prog/hub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval from the Department's HUB Coordinator ofthe revised plan before proposed changes will be effective under this Contract. Contractor shall make a good faith effOlt to subcontract with HUBs during the performance ofthis Contract and shall repOlt HUB subcontract activity to the Department's HUB Coordinator by tbe 15th day of eacb month for the prior month's activity, if there was any such activity, in accordance with 34 Tex. Admin. Code ~ 20.16(b). Section 12.11 Buy Texas, Contractor shall purchase products and materials produced in Texas when the products and materials m'e available at a price and time comparable to products and materials produced outside of Texas as required by Tex, Gov. Code S 2155.4441. Section 12.12 Contracts with Subreclpient and Vendor Snbcontractors, Contractor may enter into contracts with subrecipient subcontractors nnless restricted or otherwise prohibited in a specific Program Attachment(s). Prior to entering into a subrecipient agreement equaling or exceeding $100,000, Contractor shall obtain written approval from DSHS. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. Contractor shall monitor sub recipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. Contractor shall ensure that General Provisions (Core Subrecipient) 2014 (July 15,2013) 22 subcontractors are fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and by the provisions of this Contract. Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the following: a) name and address of all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (EIN); b) a detailed description of the services to be provided; c) measurable method and rate of payment and total not-to-exceed amount ofthe contract; d) clearly defined and executable termination clause; and e) beginning and ending dates that coincide with the dates of the applicable Program Attachment(s) or that cover a term within the beginning and ending dates ofthe applicable Program Attachment(s). Contractor is responsible to DSHS for the performance of any subcontractor. Contractor shall not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs; or ifthe subcontractor would be ineligible under the following sections ofthese General Provisions: Ineligibility to Receive the Contract section (Assurances and Certifications Article); or the Conflict ofInterest or Transactions Between Related Parties sections (General Terms Article). General Provisions (Core Subrecipient) 2014 (July 15,2013) 23 Section 12.13 Status of Subcontractors, Contractor shall require all subcontractors to certify that they are not delinquent on any repayment agreements; have not had a required license or certification revoked; and have not had a contract telminated by the Department. Contractors shall fmther require that subcontractors certify that they have not voluntarily surrendered within the past three (3) years any license issued by the Department. Section 12.14 Incorporation of Terms in Subrecipient Subcontracts. Contractor shall include in all its contracts with subrecipient subcontractors and solicitations for subrecipient subcontracts, without modification (except as required to make applicable to the subcontractor), (I) the celtifications stated in the Assurances and Certifications Alticle; (2) the requirements in the Conflicts ofInterest section and the Transaction Between Related Pmties section of the General Terms Article; and (3) a provision granting to DSHS, SAO, OIG, and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on. which any work is performed, and the right to audit the subcontractor in accordance with the Access and Inspection Article in these General Provisions. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy ofthe Statement of Work and any other provisions in the Program Attachment(s) applicable to the subcontract. Contractor shall ensure that all written agreements with subrecipient subcontractors incorporate the terms ofthis Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor. No provision ofthis Contract creates privity of contract between DSHS and any subcontractor of Contmctor. If a subcontractor is unable to certify to any of the statements in Section 12.13 or any of the certifications stated in the Assurances and Certifications Alticle, Contractor shall submit an explanation to the contract manager assigned to the Program Attachment. If the subcontractor's status with respect to the items certified in Section 12.13 or the assurances stated in the Assurances and Celtifications Article changes during the term of this Contract, Contractor shall immediately notifY the contract manager assigned to the Program Attachment. Section 12.15 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors, joint venture pmticipants or agents. Contractor is not an agent or employee of the Depmtment or the State of Texas for any purpose whatsoever. For purposes ofthis Contract, Contractor acknowledges that its employees, subcontractors, joint venture pmticipants or agents will not be eligible for unemployment compensation fi'om the Depmtment or the State of Texas. Section 12.16 Authority to Bind, The person or persons signing this Contract on behalf of Contractor, or representing themselves as signing this Contract on behalf of Contractor, warrant and guarantee that they have been duly authorized by Contractor to execute this Contract for Contractor and to validly and legally bind Contractor to all of its terms. Section 12.17 Tax Liability, Contractor shall comply with all state and federal tax laws and is solely responsible for filing all required state and federal tax forms and making all tax payments. I(the Depmtment discovers that Contractor has failed to remain current on a liability to the IRS, this Contract will be subject to remedies and sanctions under this Contract, including immediate termination at the Department's discretion. If the Contract is terminated under this section, the Depmtment will not enter into a contract with Contractor for three (3) years from the date oftermination. Section 12,18 Notice ofOrgauizationaI Change. Contractor shall submit written notice to the contract manager assigned to the Program Attachment within ten (10) business days of any change to the Contractor's name; contact infonnation; key personnel, officer, director or partner; organizational structure, such as merger, acquisition or change in form of business; legal standing; or authority to do business in Texas. A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the Amendments section of these General Provisions. General Provisions (Core Subrecipient) 2014 (July 15,2013) 24 Section 12.19 Quality Managemeut. Contractor shall comply with quality management requirements as directed by the Department. . Section 12.20 Equipment. Equipment means an article of non expendable, tangible personal property having a useful lifetime of more than one year and an acquisition cost of $5,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form or Form GC-I1 as required under Section 12.23Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter of the Program Attachment must be submitted to the contract manager assigned to the Program Attachment. Section 12.21 Supplies. Supplies are defined as consumable items necessary to calTY out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangihle personal property other than those defined as equipment above. Tangible personal propelty includes controlled assets, including fireanns, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment are also considered Supplies. Prior approval by DSHS of the purchase of controlled assets is not required, but such purchases must be repOlted on the Contractors Property InventOlY Form or Form GC-II as detailed under Section 12.23. General Provisions (Core Subreclpient) 2014 (July 15,2013) 25 Section 12.22 Changes to Equipment List. All items of equipment to be_purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. Contractor shall submit to the contract manager assigned to the Program Attachment, a written description including complete product specifications and need justification prior to purchasing any item of uuapproved equipment. If approved, Deparhnent will acknowledge its approval by means ofa written amendment or by written acceptance of Contractor's Contract Revision Request, as appropriate; or, in the case of minor changes to Contractor's approved equipment list, by email in accordance with the Contractor's Financial Procedures Manual. Section 12.23 Property Inveutory and Protection of Assets. Contractor shall maintain an inventory of equipment,supplies defined as controlled assets, and propeIty described in the Other Intangible Propelty section of Article XIII and submit an annual cumulative report of the equipment and other property on Form GC-ll (Contractor's Property Inventory Report) to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, no later than October 15th of each year. The repOlt is located on the DSHS website at http://www.dshs.state.tx.us/contracts/forms.shtm. Contractor shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. If Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided or obtained under this Contract, Contractor shall use the proceeds to repair or replace those assets, Section 12.24 Bankruptcy, In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Depattment, who may require that the propelty, equipment and supplies be returned to DSHS. Section 12.25 Title to Property. At the conclusion of the contractual relationship between the Department and Contractor, for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to Depattment. Title may be transferred to any other party designated by Department. The Depattment may, at its option and to the extent allowed by law, transfer the reversionary interest to such propeIty to Contractor. Section 12.26 Property Acquisitions. Depattment funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not allowable. Section 12.27 Disposition of Property, Contractor shall follow the procedures in the American Hospital Association's (AHA's) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with the Depattment funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when the acquisition price of the equipment is equal to or greater than $5,000. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements ofUGMS. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registmtion or had an acquisition price equal to or greater than $5,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to the Program Attachment. After an item reaches the end of its useful life, Contractor shall General Provisions (Core Subrecipient) 2014 (July 15,2013) 26 ensure that disposition of any eqnipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance, Section 12.28 Closeout of Equipmeut. At the end of the term ofaProgram Attachment that has no additional renewals or that will not be renewed (Closeout) or when a Program Attachment is otherwise terminated, Contractor shall submit to the contract manager assigned to the Pl'Ogram Attachment, an inventory of equipment purchased with Department funds and request disposition instructions for such equipment. All equipment purchased with Depmtment funds must be secured by Contractor at the time of Closeout or termination ofthe Program Attachment and must be disposed of according to the Department's disposition instructions, which may include return of the equipment to DSHS or transfer of possession to another DSHS contractor, at Contractor's expense. Section 12.29 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber equipment purchased with Department funds without prior written approval from the Department. ARTICLE XIII GENERAL TERMS Section 13.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this Contract, or in any equipment purchased with funds from this Contract, without the prior written consent of the Department. Section 13.02 Lobbying, Contractor shall comply with Tex. Gov. Code 9 556.0055, which prohibits contmctors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation or policy at any level of government, or to pay the salary or expenses of any person related to any activity designed to influence legislation, regulation, policy or appl'Opriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal 01' state agency, a member of Congress, an officer or employee of Congress, 01' an employee of a member of Congress in connection with the awm'ding of any contract or the extension, continuation, renewal, amendment, or modification of any contract (31 USC 91352 and UGMS). Ifat any time this Contract exceeds $100,000 of federal funds, Contractor shall file with the contract manager assigned to the Program Attachment a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been 01' will be used for payment to lobbyists, and disclosnre of the nmnes of any and all registered lobbyists with whom Contractor has an agreement. Contractor shall file the declaration, certification, and disclosure at the time of application for this Contract; upon execution ofthis Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and at the end of each calendar quooter in which any event occurs that materially affects the accuracy of the information contained in any declaration, certification, 01' disclosure previously filed, Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosnre with the contract manager assigned to the Program Attachment. Contractor shall also comply, as applicable, with the lobbying restrictions and requirements in 2 CFR Poot 230 (OMB Circnlars A-I22), Appendix B paragraph 25; 2 CFR Part 225 (A-87) Appendix B section 24; 2 CFR 9215.27 (A-II 0) and 2 CFR Palt 220 (A-21) Appendix A, subsection J.l7 and J.28. Contractor shall include this provision in any subcontracts. Section 13.03 Conflict of Interest. Contractor represents to the Department that it and its -subcontractors, if any, do not have nor shall Contractor or its subcontractors knowingly acquire or retain, any financial 01' other General Provisions (Core Subrecipient) 2014 (July 15,2013) 27 interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principaJ (or a member of the principal's immediate family), or any affiliate or subcontractor and the Department or HHSC, their commissioners or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If, at any time during the tellli of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to tbe Program Attachment within ten (10) days of when Contractor becomes aware ofthe existence ofthe actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of interest tbe subcontractor has or may have within ten (10) days of when the subcontractor becomes aware of the actual or potential conflict of interest. Section 13.04 Transactions Between Related Parties, Contractor shall identify and report to DSHS any transactions between Contractor and a related paliy that is part of the work that the Depaliment is purchasing under this Contract before entering into the transaction or immediately upon discovery. Contractor shaJI submit to the contract manager assigned to tbe Program Attachment the name, address and telephone number of the related pmiy, how the party is related to Contractor and the work the related party will perform under this Contract. A related pmiy is a person or entity related to Contractor by blood or marriage, common ownership or any association that permits either to significantly influence or direct the actions 01' policies of the other. Contractor, for purposes of reporting transactions between related pmiies, includes the entity contracting witb the Depaliment under this Contract as well as the chief executive officer, chief financial officer and program director of Contractor. Contractor shall comply with Tex. Gov. Code Chapter 573. Contractor shall maintain records and supply any additional inf01lliation requested by the Department, regarding a transaction between related paliies, needed to enable the Depmtment to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFRpart 74, OMB Circ. No. A-lIO, 2 CFR S 215.42, and UGMS. Section 13.05 Intellectual Property, Tex. Health & Safety Code S 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. a) "Intellectual property" means created property that may be protected under copyright, patent, or trademm"k/service mark law. b) For purposes of this Contract intellectual property prepm'ed for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use is "work made for hire," DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not, by operation of law, vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. DSHS has the right to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewaJs tbereof. Contractor shaJI give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered nnder this Contract. c) If federal funds are used to finance activities supp01ied by this Contract tbat result in the production of intellectual propelty, the federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federaJ government purposes (1) the copyright in any intellectual property developed under this Contract, including any subcontract; and (2) any rights of copyright to which a Contractor purchases ownership with contract funds. Contractor shall place an acknowledgment offederal awm"ding agency grant GeneraJ Provisions (Core Subrecipient) 2014 (July 15, 2013) 28 support and a disclaimer, as appropriate, on any publication written or published with such support and, if feasible, on any publication reporting the results of or describing a grant-suppOlted activity. An acknowledgment must be to the effect that "This publication was made possible by grant number _ from (federal awarding agencv)" or "The project described was supported by grant number from (federal awarding agencv)" and "Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the (federal awarding agencv)." d) If the terms of a federal grant award the copyright to Contractor, DSHS reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for DSHS, public health, and state governmental noncommercial purposes (I) the copyright, trademark, service mark, and/or patent on an invention, discovery, or improvement to any process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets; and computer software, in any work developed under a grant, sub grant, or contract under a grant or subgrant; and (2) any rights of copyright, service or trade marks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds. e) If the results of the contract performance are subject to copyright law, Contractor cannot publish those results without prior review and approval ofDSHS, Contractor shall submit requests for review and approval to the contract manager assigned to the Program Attachment. Section 13.06 Other Intangible Property, At the conclusion of the contractual relationship between Department and Contractor, for any reason, Department shall have the sole ownership rights and interest in all non-copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs, software licenses with a value of $500 or more, etc. Contractor shall inventory all such non-copyrightable intangible property. Contractor shall cooperate with Depaltment and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such propelty. This provision will survive the termination or expiration ofthis Contract. Section 13.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 13.08 Legal Notice, Any notice required or permitted to be given by the provisions of this Contract will be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by celtified mail, on the date of receipt. Section 13.09 Successors, This Contract will be binding upon the Patties and their successors and assignees, except as expressly provided in this Contract. Section 13.10 Headings, The articles and section headings used in this Contract at'e for convenience of reference only and will not be construed in any way to define, limit or describe the scope or intent of any provisions. Section 13.11 Parties, The Patties represent to each other tbat they at'e entities fully fatniliar with transactions of the kind reflected by the contract documents, and are capable of understanding the terminology and meaning of their terms and conditions and of obtaining independent legal advice pertaining to this Contract. Section 13,12 Survivability of Terms, Termination or expiration ofthis Contract or a Program Attachment for any reason will not release either Patty from any liabilities or obligations in this Contract that (a) the General Provisions (Core Subrecipient) 2014 (July IS, 2013) 29 Parties have expressly agreed will survive any snch termination or expiration, or (b) remain to be performed or (c) by their nature would be intended to be applicable following any such termination or expiration. Section 13. I 3 Direct Operation, At the Department's discretion, the Depattment may temporat'iIy assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and/or patticipants served by Conh'actor. Section 13.14 Customer Service Information. If requested, Contractor shall supply such infOlmation as required by the Depattmentto comply with the provisions of Tex. Gov. Code Chapter 2114 regarding Customer Service surveys. Section 13.15 Amendment. The Patties agree that the Depattment may unilaterally reduce funds pursuant to the terms ofthis Contract without the written agreement of Coutractor. All other amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions section or the Contractor's Request for Revision to Certain Contract Provisions section of this Article. Contractor's request for certain budget revisions or other amendments must be submitted in writing, including a justification for the request, to the contract manager assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of the Contract or Program Attachment term, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or other amendment requests may be granted at the discretion ofDSHS, Except as otherwise provided in this Atticle, Contractor shall not perform or produce, and DSHS will not pay for the perfonnance or production of, different or additional goods, services, work or products except pursuant to an amendment of this Contt:act that is executed in compliance with this section; and DSHS will not waive any term, covenant, or condition of this Contract unless by amendment or otherwise in compliance with this Atticle. Section 13.16 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a written amendment or the Depattment's prior approval: a) contractor's contact person and contact information; b) contact information for key personnel, as stated in Contractor's response to the Solicitation Document, if any; c) cumulative budget transfers that exceed 25% among direct cost categories, other than the equipment category, of cost reimbursement contract Progratn Attachments of less than $100,000, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); d) minor corrections or clarifications to the Contract language that in no way alter the scope of work, objectives or performance measures; and e) a change in Contractor's shat'e of the budget concerning non-DSHS funding other than program income and match, regardless of the amonnt of the change, provided that in changing the budget, Contractor is not supplanting DSHS funds, Contractor within ten (10) calendar days shall notify in writing the contract manager assigned to the Program Attachment of any change enumerated in this section, but the contract will not be amended. The notification may be by letter, fax or email. Except for contracts funded by funding sources that have different percentage requirements, cumulative budget line item transfers of25% or less among direct cost categories, other than equipment, of cost reimbursement contracts of any amount do not require written amendment or prior approval or notification. Section 13.1 7 Contractor's Request for Revision of Certain Contract Provisions, A Contractor's Revision Request is an alternative method for amending certain specified provisions ofthis Contract that is initiated by Contractor, but must be approved by DSHS. The following amendments to this Conh'act may be General Provisions (Core Subrecipient) 2014 (July 15,2013) 30 made through a Contractor's Revision Request, rather than through the amendment process described in the Amendment section ofthis Article: a) cumulative budget transfers among direct cost categories, other than the equipment category, that exceed 25% of Program Attachments of $100,000 or more, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); b) budget transfer to other categories of funds for direct payment to trainees for training allowances; c) change in clinic hours or location; d) change in the equipment list substituting an item of equipment equivalent to an item of equipment on the approved budget; e) changes in the equipment category of a previously approved equipment budget; f) changes specified in applicable OMB Circular cost principles as requiring prior approval, regardless of dollar threshold (e.g., foreign travel expenses, overtime premiums, membership fees; and g) cumulative budget transfers into or out ofthe equipment category that do not exceed 10% of any Program Attachment, provided that the total budget amount is unchanged (cumulative transfers from or to the equipment categOlY that equal or exceed 10% of any Program Attachment require an amendment to this Contract as described in the Amendment section of this Alticle), In order to request a revision of any of the enumerated provisions, Contractor shall request the change in writing from their assigned contract manager, A separate Contractor Revision Request is required for each Program Attachment to be revised. Circumstances of a requested contract revision may indicate the need for an amendment described in the Amendment section of this Article rather than a contract revision amendment under this section. Section 13.18 Immunity Not Waived, THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 13.19 Hold Harmless and Indemnification, Contractor, as an independent contractor, agrees to hold Depmtment, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnifY them from any and all liability, suits, claims, losses, damages and judgments; and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise fi'om performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 13.20 Waiver. Acceptance by either Party ofpmtial performance or failure to complain of any action, non-action or default under this Contract will not constitute a waiver of either Party's rights under this Contract. Section 13,21 Electronic and Information Resonrces Accessibility and Security Standards, As required by 1 Tex. Admin. Code Chapters 213 and 206, as a state agency, DSHS must procure products that comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 Tex. Admin. Code Chapter 213 and Website Accessibility Standards/Specifications specified in 1 Tex. Admin. Code Chapter 206 (collectively EIR Standards) when such products m'e available in the commercial marketplace or when such products are developed in response to a procurement solicitation. If performance under this Contract includes the development, modification or maintenance of a website or other electronic and information resources for DSHS or for the public on behalf ofDSHS, Contractor celtifies that the website or other electronic and information resources comply with the EIR Standards. Contractor further certifies that any network hardware or software purchased or provided under this Contract has undergone independent General Provisions (Core Subrecipient) 2014 (July 15,2013) 31 certification testing for known and relevant vulnerabilities, in accordance with rules adopted by Department of Information Resources. Section 13.22 Force Majeure. Neither Party will be liable for any failure or delay in performing all or some of its obligations, as applicable, under this Contract if such failure or delay is due to any cause beyond the reasonable controi of such Pmty, including, but not limited to, extraordinarily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, wm', court order, or acts of God. The existence of any such cause of delay or failure will extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and, if applicable, for any reasonable period of time thereafter required to resume performance. A Party, within a period of time reasonable under the circumstances, must inform the other by any reasonable method (phone, email, etc.) and, as soon as practicable, must submit written notice with proof of receipt, of the existence of a force majeure eveut or otherwise waive the right as a defense to non-performance. Section 13.23 Interim Contracts, The Parties agree that the Contract and/or any of its Program Attachments will automatically continue as an "Interim Contract" beyond the expiration date of the term of the Contract or Program Attachment(s), as applicable, under the following circumstances: (I) on or shortly prior to the expiration date ofthe Contract or Program Attachment, there is a state of disaster declared by the Governor that affects the ability or resources of the DSHS contract or program staff managing the Contract to complete in a timely manner the extension, renewal, or other standard contract process for the Contract or Program Attachment; and (2) DSHS makes the determination in its sole discretion that an Interim Contract is appropriate under the circumstances. DSHS will notifY Contractor promptly in writing if such a determination is made. The notice will specifY whether DSHS is extending the Contract or Progrmn Attachment for additional time for Contractor to perform or complete the previously contracted goods and services (with no new or additional funding) or is purchasing additional goods and services as described in the Program Attachment for the term of the Interim Contract, or both. The notice will include billing instructions and detailed information on how DSHS will fund the goods or services to be procured during the Interim Contract term. The Interim Contract will terminate thirty (30) days after the disaster declaration is terminated unless the Parties agree to a shorter period of time. Section 13.24 Cooperation and Communication, Contractor shall cooperate with Depmtment staff and, as applicable, other DSHS contractors, and shall promptly comply with requests fi'om DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE Section 14.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a) failure to properly provide the services andlor goods purchased under this Contr'act; b) failure to comply with any provision of this Contract, including failure to comply with all applicable statutes, rules or regulations; c) failure to pay refunds or penalties owed to the Department; d) failure to comply with a repayment agreement with the DSHS or agreed order issued by DSHS; e) failure by Contractor to provide a full accounting of funds expended under this Contract; f) discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; g) any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract; or General Provisions (Core Subrecipient) 2014 (July IS, 2013) 32 h) Contractor is on or is added to the Excluded Paliies List System (EPLS). Section 14.02 General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies and sanctions in this section are available to the Depaltment against Contractor and any entity that subcontracts with Contractor for provision of services or goods. HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Depaltment for any breach ofthis Contract and may monitor Contractor for financial compliance. The Department may impose one or more remedies or sanctions for each item of noncompliance and will determine remedies or sanctions on a case-by-case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section does not relieve Contractor of any obligations under this Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. If Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific program type. In the case oftennination, the Department will inform Contractor of the telmination no less than thirty (30) calendar days before the effective date of the termination in a notice of termination, except for circumstances that require immediate termination as described in the Emergency Action section of this Aliicle. The notice of termination will state the effective date of the termination, the reasons for the termination, and, if applicable, alert Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; b) suspend all or pali of this Contract. Suspension is an action taken by the Depariment in which the Contractor is notified to temporarily (1) discontinue performance of all or part ofthe Contract, and/or (2) discontinue incurring expenses otherwise allowable under the Contract as of the effective date of the suspension, pending DSHS's determination to terminate or amend the Contract or permit the Contractor to resume performance and/or incur allowable expenses, Contractor shall not bill DSHS for services performed during suspension, and Contractor's costs resulting from obligations incurred by Contractor during a suspension are not allowable unless expressly authorized by the notice of suspension; c) deny additional or future contracts with Contractor; d) reduce the funding amount for failure to 1) provide goods and services as described in this Contract or consistent with Contract perfOrmallCe expectations, 2) achieve or maintain the proposed level of service, 3) expend funds appropriately and at a rate that will make full use ofthe award, or 4) achieve local match, if required; e) disallow costs and credit for matching funds, if any, for all or part of the activities or action not in compliance; f) temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of a working capital advance, if applicable, or reimbursements or payments to Contractor for proper charges or obligations incurred, pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; g) permanently withhold cash payments. Permanent withholding of cash payment means that Depariment retains funds billed by Contractor for (1) unallowable, undocumented, disputed, inaccurate, improper, or erroneous billings; (2) material failure to comply with Contract provisions; or (3) indebtedness to the United States or to the State of Texas; h) declare this Contract void upon the Department's determination that this Contract was obtained General Provisions (Core Subrecipient) 2014 (July 15,2013) 33 fraudulently or upon the Department's determination that this Contract was illegal or invalid from this Contract's inception and demand repayment of any funds paid under this Contract; i) request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and barred from pmticipating in future contracting opportunities with the State of Texas; j) delay execution of a new contract or contract renewal with Contractor while other imposed or proposed sanctions are pending resolution; k) place Contractor on probation. Probation means that Contractor will be placed on accelerated monitoring for a period not to exceed six (6) months at which time items of noncompliance must be resolved or substantial improvement shown by Contractor. Accelerated monitoring means more frequent or more extensive monitoring will be performed by Department than would routinely be conducted; I) require Contractor to obtain technical or managerial assistance; m) establish additional prior approvals for expenditure of funds by Contractor; n) require additional or more detailed, financial mld/or programmatic repOlts to be submitted by Contractor; 0) demand repayment from Contractor when it is verified that Contractor has been overpaid, e.g., because of disallowed costs, payments not supported by proper documentation, improper billing or accounting practices, or failure to comply with Contract terms; p) pursue a claim for damages as a result of breach of contract; q) require Contractor to prohibit any employee or volunteer of Contractor fi'om performing under this Contract or having direct contact with DSHS-funded clients or pmticipants, or require removal of any employee, volunteer, officer or governing body member, if the employee, volunteer, officer or member of the governing body has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that m'e in contraindication to continued obligations under this Contract, as reasonably determined by DSHS; r) withhold any payments to Contractor to satisfy any recoupment, liquidated damages, match insufficiency, or any penalty (if the penalty is permitted by statute) imposed by DSHS, and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor's payment or repayment obligations; s) reduce the Contract term; t) recoup improper payments when it is verified that Contractor has been overpaid, e.g., because of disallowed costs, payments not supported by proper documentation, improper billing or accounting practices or failure to comply with Contract terms; u) assess liquidated damages; v) demaud repayment of an amount equal to the amount of any match Contractor failed to provide, as determined by DSHS; w) impose other remedies, sanctions or penalties permitted by statLIte. Section 14.03 Notice of Remedies or Sanctions, Department will formally notify Contractor in writing when a remedy or sanction is imposed (with the exception of accelerated monitoring, which may be unannounced), stating the nature of the remedies and sanction( s), the reasons for imposing them, the corrective actions, if any, that must be taken before the actions will be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the remedies and sanctions imposed. Other than in the case of repayment or recoupment, Contractor is required to file, within fifteen (15) calendar days of receipt of notice, a written response to Depmtment acknowledging receipt of such notice. If requested by the Department, the written response must state how Contractor shall correct the noncompliance (colTective action plan) or demonstrate in writing that the findings on which the remedies or sanction(s) are based are either invalid or do not warrant the remedies or sanction(s). If Department determines that a remedy or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision is final. Depmtment will provide written notice to General Provisions (Core Subrecipient) 2014 (July 15, 2013) 34 Contractor of Department's decision. If required by the Depattment, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the approved corrective action plan. If DSHS detelmines that repayment is warranted, DSHS will issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if recoupment is available, DSHS will recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 14.04 Emergency Action. In an emergency, Depattment may immediately terminate or suspend all or patt of this Contract, temporat'ily or permanently withhold cash payments, deny future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as the following: a) Contractor is noncompliant and the noncompliance has a direct adverse effect on the public OJ' client health, welfare or safety. The direct adverse effect may be programmatic or financial and may include failing to provide services, providing inadequate services, providing unnecessary services, or using resources so that the public or clients do not receive the benefits contemplated by the scope of work or performance Ineasur~s; or b) Contractor is expending funds inappropriately. Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case-by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XV CLAIMS AGAINST THE DEPARTMENT Section 15,01 Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Tex. Gov. Code Chapter 2260 and implemented in Depattment Rnles ~~ 4.11- 4.24 will be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 15.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business must be submitted to the negotiation process provided in Tex. Gov Code Chapter 2260, subchapter B. To initiate the process, Contractor shall submit written notice, as required by subchapter B, to DSHS's Office of General Counsel. The notice mnst specifically state that the provisions of Chapter 2260, subchapter B, at'e being invoked. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Subchapter B is a condition precedent to the filing of a contested case proceeding under. Tex. Gov. Code Chapter 2260, subchapter C. Section 15.03 Sole Remedy, The contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C, is Contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by DSHS if the Parties are unable to resolve their disputes under this Article. Section 15.04 Condition Precedent to Suit. Compliance with the contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C, is a condition precedent to seeking consent to sue from the Legislature under Tex. Civ. Prac. & Rem. Code Chapter 107, Neither the execution of this Contract by DSHS nor any other conduct of any representative ofDSHS relating to this Contract will be considered a waiver of sovereign immunity to suit. Section 15.05 Performance Not Suspended, Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by Contractor, in whole or in palt. ARTICLE XVI TERMINATION AND TEMPORARY SUSPENSION General Provisions (Core Subrecipient) 2014 (Jnly 15, 2013) 35 Section 16.01 Expiration of Contract or Program Attachment(s). Except as provided in the Survivability of Terms section ofthe General Terms Article, Contractor's service obligations stated in each Program Attachment will end upon the expiration date of that Program Attachment unless extended or renewed by written amendment. Prior to completion ofthe term of all Program Attachments, all or a patt ofthis Contract may be terminated with or without cause under this Article. Section 16.02 Effect of Termination, Termination is the permanent withdrawal of Cootractor' s authority to obligate previously awarded funds before that authority wonld otherwise expire or the voluntary relinquishment by Contractor ofthe authority to obligate previously awarded funds. Contractor's costs resulting from obligations incurred by Contractor after termination of an award are not allowable unless expressly authorized by the notice of termination. Upon termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attaclunent, as applicable, to DSHS or another entity designated by DSHS. Upon termination of all or patt ofthis Contract, Department and Contractor will be discharged from any fUliher obligation created under the applicable terms of this Contract or the Program Attachment, as applicable, except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS, and except as provided in the Survivability of Terms section of the General Terms Article. Termination does not, however, 'constitute a waiver of anv remedies for breach of this Contract. In addition. Contractor's obligations to retain records and maintain confidentialitv of information will survive this Contract. Section 16,03 Acts Not Constitutiug Termiuation, Termination does not include the Department's (1) withdrawal of funds awarded on the basis of Contractor's underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance at the expiration of the term of a program attachment; (3) refusal to extend a program attachment or award additional funds to make a competing or noncompeting continuation, renewal, extension, or supplemental award; (4) non-renewal of a contract or program attachment at Depmiment's sole discretion; or (5) voiding of a contract upon determination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception. Section 16.04 Termination or Temporary Suspension Without Cause, a) Either Patty may terminate this Contract or a Program Attachment, as applicable, with at least thirty (30) calendar days prior written notice to the other Party, except that if Contractor seeks to terminate a Contract or Program Attachment that involves residential client services, Contractor shall give the Depatiment at least ninety (90) calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. b) The Patiies may terminate this Contract or a Program Attachment by mutual agreement. c) DSHS may temporarily suspend or terminate this Contract or a Program Attachment if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendments to the Appropriations Act, health and human services consolidations, or any disruption of current appropriated funding for this Contract or Program Attachment. Contractor will be notified in writing of any termination or temporary suspension or of any cessation of temporary suspension. Upon notification of temporary suspension, Contractor shall discontinue pelformance under the Contract as of the effective date of the suspension, for the duration of the suspension, d) Department may terminate this Contract or a Program Attachment immediately when, in the sole determination ofDepatiment, termination is in the best interest ofthe State of Texas. Section 16.05 Termination For Cause, Either Party may terminate for material breach of this Contract with at least thirty (30) calendar days written notice to the other Party. Depatiment may terminate this Contract, in whole or in part, for breach of contract or for any other conduct that j eopardizes the Contract objectives, by General Provisions (Core Subrecipient) 2014 (July 15,2013) 36 giving at least thhty (30) calendar days written notice to Contractor. Such conduct may include one or more of the following: a) Contractor has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority havingjurisdiction; b) Contractor fails to communicate with Department or fails to allow its employees or those of its subcontractor to communicate with Department as necessary for the performance or oversight of this Contract; c) Contractor breaches a standard of confidentiality with respect to the services provided under this Contract; d) Depaltment determines that Contractor is without sufficient personnel or resources to perform under this Contract or that Contractor is otherwise unable or unwilling to fulfill any of its requirements under this Contract or exercise adequate control over expenditures or assets; e) Depmtment determines that Contractor, its agent or another representative offered or gave a gratuity (e.g., enteltaimnent or gift) to an official or employee ofDSHS or HHSC for the purpose of obtaining a contract or favorable h'eatment; f) Depmtment determines that this Conh'act includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements or statement(s) of work or Solicitation Document on which this Contract is based in violation of Tex, Gov. Code ~ 2155,004; or Depmtment determines that Contractor was ineligible to receive this Contract under Tex. Gov, Code ~S 2155.006 or 2261.053 related to certain disaster response contracts; g) Contractor appears to be financially unstable, Indicators of financial instability may include one or more ofthe following: 1) Contractor fails to make payments for debts; 2) Contractor makes an assignment for the benefit of its creditors; 3) Contractor admits in writing its inability to pay its debts generally as they become due; 4) if judgment for the payment of money in excess of $50,000 (that is not covered by insurance) is rendered by any COUlt or governmental body against Contractor, and Contractor does not (a) discharge the judgment, or (b) provide for its discharge in accordance with its terms, or ( c) procure a stay of execution within thirty (30) calendar days fi'om the date of entry of the judgment, or (d) if the execution is stayed, within the thiIty (30)-day period or a longer period during which execution of the judgment has been stayed, appeal from the judgment mId cause the execution to be stayed during such appeal while providing such reserves for the judgment as may be required under Generally Accepted Accounting Principles; 5) a writ or wmTant of attachment or any similar process is issued by any court against all or any material portion of the property of Contractor, and such writ 01' warrant of attachment or any similar process is not released or bonded within thirty (30) calendar days after its issuance; 6) Contractor is adjudicated bankrupt or insolvent; 7) Contractor files a case under the Federal Bankruptcy Code or seeks relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction then in effect, or consents to the filing of any case or petition against it under any such law; 8) any property or portion of the propmty of Conh'actor is sequestered by COUlt order and the order remains ill effect for more than thhty (30) calendar days after Contractor obtains knowledge of the sequestration; 9) a petition is filed against Contractor under any state reorganization, mTangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction then in effect, and the petition is not dismissed within thirty (30) calendar days; or 10) Contractor consents to the appointment of a receiver, trustee, or liquidator of Contractor or of all or any part of its property; General Provisions (Core Subrecipient) 2014 (July 15,2013) 37 h) Contractor's management system does not meet the UGMS management standards; or i) Any required license, certification, permit, registration or approval required to conduct Contractor's business or to perform services under this Contract is not obtained or is revoked, is surrendered, expires, is not renewed, is inactivated or is suspended. General Provisions (Core Subrecipient) 2014 (July 15,2013) 38 Section 16.06 Notice of Termination. Either Pmty may deliver written notice of intent to terminate by any verifiable method, If either Party gives notice of its intent to terminate all or a palt of tins Contract, Depmtment and Contractor shall attempt to resolve any issues related to the anticipated termination in good faith during the notice period, ARTICLE XVII VOID, SUSPENDED, AND TERMINATED CONTRACTS Section 17.01 Void Contracts. Department may void this Conh'act upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 17.02 Effect of Void, Suspended, or Involnntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to be void, or is suspended, or is terminated for cause is not eligible for expansion of current contracts, if any, or new contracts or renewals until, in the case of suspension or termination, the Depaltment has determined that Conh'actor has satisfactorily resolved the issues underlying the suspension or termination. Additionally, if this Contract is found to be void, any amount paid is subject to repayment. Section 17,03 Appeals Rights. Pursuant to Tex. Gov. Code ~ 2105.302, after receiving notice from the Depmtment of termination of a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing under Tex. Gov. Code Chapter 2001. ARTICLE XVIII CLOSEOUT Section 18.01 Cessation of Services At Closeout. Upon expiration of this Contract or Program Attachment, as applicable, (and any renewals ofthis Contract or Progrmn Attachment) on its own terms, Contractor shall cease services under this Contract or Program Attachment; and shall cooperate with DSHS to the fullest extent possible upon expiration or prior to expiration, as necessary, to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSHS. Upon receiving notice of Contract or Program Attachment termination or non-renewal, Conh'actor shall immediately begin to effect an orderly and safe h'ansition of recipients of services to alternative service providers, as needed. Contractor also shall completely cease providing services tmder this Contract or Program Attachment by the date specified in the termination or non-renewal notice. Conh'actor shall not bill DSHS for services performed after termination or expiration of this Contract or Program Attachment, or incur allY additional expenses once this Contract or Program Attaclunent is terminated or has expired. Upon termination, expiration (with no renewal) or non- renewal of tills Contract or a Program Attachment, Contractor shall immediately initiate Closeout activities described in tills Alticle. Section 18.02 Admiuistrative Offset. The Department has the right to administratively offset amounts owed by Contractor against billings. Section 18.03 Deadline for Closeont. Contractor shall submit all financial, perfonnance, and other Closeout reports required under this Contract within sixty (60) calendar days after the Contract or Program Attachment end date. Unless otherwise provided under the Final Billing Submission section of the Payment Methods and Restrictions Alticle, the Department is not liable for any claims that are not received within sixty (60) calendar days after the Contract or Progrmn Attachment end date. Section 18.04 Payment of Refunds. Any funds paid to Contractor in excess ofthe amount to which Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and will result in a refund due, which Contractor shall pay within the time period established by the Department. General Provisions (Core Subrecipient) 2014 (July 15,2013) 39 Section 18.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Depaltment's right to disallow costs and recover funds on the basis of a later audit or other review or Contractor's obligation to return any funds due as a result oflater refunds, corrections, or other transactions. General Provisions (Core Subrecipient) 2014 (July 15,2013) 40 BUDGET SUMMARY Organization Name: Calhoun County Health Department Program ID: RLSS/LPHS Contract Number: 2014-000020-00 Procurement ID: GST-2012-Solicitation-0002S ProposallD: RLHS-2014-CDCHD-000S6 Procurement Name: RLHS GO LIVE LPHS PROPOSAL Budf(et Catef(ories Budget Categories OSHS. funds Cash Match In Kind CategoryTotal Requested Match Personnel I $30,041 $0 $( $30,041 Fringe Benefits I $0 $0 $( $0 Travel I $0 $0 $( $C Equipment I $0 $0 $C $0 Supplies I $0 $0 $C $0 Contractual I $0 $0 $0 $0 Other I $0 $( $0 $0 Total Direct Costs I $30,041 $C $0 $30,041 Indirect Costs I $C $0 $( Totals: I $30,041 $0 $0 $30,041 Certification Regarding Lobbving Organization Name: Calhoun County Health Department Contract Number: 2014-000020-00 For contracts greater than $100,000, this attachment is applicable and must be signed as part of the contract agreement. CERTIFICATION REGARDING LOBBytNG CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or wili be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit, an officer or employee of congress, or an employee of a member of congress in connection with this Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants. and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to fiie the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (' Applicable (0' Non-Applicable Signature of Authorized Individual Date Certification ReRardinR Professional Services Contractors Not HirinR Former or Retired State ARencv Emplovees Organization Name: Calhoun County Health Department Contract Number: 2014-000020-00 Government Code Sec. 2252.901. CONTRACTS WITH FORMER OR RETIRED AGENCY EMPLOYEES. A state agency may not enter into an employment contract, a professional services contract under Chapter 2254, or a consulting services contract under Chapter 2254 with a former or retired employee of the agency before the first anniversary of the last date on which the individual was employed by the agency, if appropriated money will be used to make payments under the contract. This section does not prohibit an agency from entering into a professional services contract with a corporation, firm, or other business entity that employs a former or retired employee of the agency within one year of the employee's leaving the agency, provided that the former or retired employee does not perform services on projects for the corporation, firm, or other business entity that the employee worked on while employed by the agency. The undersigned certifies, to the best of his or her knowledge and belief that: The corporation, firm, or busIness entity does employ a former or retired employee of a State of Texas agency who left employment with the agency within the past year but this former or retired employee does not perform services on projects for the corporation, firm, or business entity that the employee worked on whiie employed by the agency, The corporation, firm, or business entity does not employ and has no plans to employ a former or retired employee of a State of Texas agency within one year of the employee's leaving the agency to perform services on projects for the corporation, firm, or business entity that the employee worked on while employed by the agency. The individual, or sole proprietorship, or partnership is not a former employee of a State of Texas agency and within one year of leaving the agency. This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Signature of Authorized Individual Date CHILD SUPPORT CERTIFICATION Organization Name: Calhoun County Heaith Department Contract Number: 2014-000020-00 The Texas Family Code 3231.006, places certain restriction on child support obligors. Contracts with governmental entities or nonprofit corporations are not subject to 3231.006. The contractor identified above is not a governmental entity or a nonprofit corporation. The contractor certifies the foilowing is a complete list of the names and social security numbers of either the individual or sole proprietor who is the contractor or each partner, shareholder, or owner with an ownership interest of at least 25% of the contractor/business entity: r I~O ial Security Nu mber: I ! I i Under the Texas Family Code, 3231.006, the contractor certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment withheld if this certification is in-accurate. A child support obligor who is more than 30 days delinquent in paying child support or a business entity in which the obligor (who is more than 30 days delinquent) is the sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25% is not eligible to receive the specified grant, loan or payment. The contractor understands that it is the contractor's responsibility to verify whether a child support obligor who is more than 30 days delinquent is the sole proprietor, partner. shareholder or owner with an ownership interest of at least 25%. ,~ Applicable ~.' Non-Applicable Signature of Authorized Individual Date Fiscal Federal Fundin~ Accountability and Transparency Act (FFATA) Certification The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS If at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained In this section, Signor must provide written notice to D5HS detailing which of the below statements it cannot certify and why. Organization Name: Calhoun County Health Department Address: 117 WASH ST City: PORT LAVACA State: TX Zip Code (9 digit): 77979- 2912 Payee Name: Calhoun County Treasurer Address: 202 S ANN 5T STE B City: PORT LAVACA State: TX Zip Code (9 digit): 77979- 4204 Vendor identification No: 17460006S09024 MailCode 024 Payee DUNS No: 092908722 1. Did your organization have a gross income, from all sources, of more than $300,000 in your previous tax year? (0"' r Yes No 2, Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? (. (: Yes No 3. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? (... ~ Yes No Identify contact persons for FFATA Correspondence. FFA T A Contact Person #1 Name: Cindy Mueller Emall: cindy.mueller@calhouncotx.org Telephone: (361)SS3-461O FFA T A Contact Person #2 Name: Bain C. Cate, M.D. Emall: bcate@vctx.org Telephone: (361)SS2-9721 As the authorized representative of the Organization, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Signature of Authorized Individual Date EXHIBIT A FY 2014 REQUEST FOR LOCAL PUBLIC HEALTH SERVICES FUNDS PROJECT SERVICE DELIVERY PLAN Texas Department of State Health Services Local Health Department: Calhoun County Health Department Contract Term: September 1, 2013 through August 31, 2014 Indicate in this plan how requested Local Public Health Services (LPHS) contract funds will be used to address a public health issue through essential public health services. The plan should include a brief description of the public health issue(s) or public health program to be addressed by LPHS funded staff, and measurable objective(s) and activities for addressing the issue. List only public health issues/programs, objectives and activities conducted and supported by LPHS funded staff. List at least one objective and subsequent required information for each public health issue or public health program that will be addressed with these contract funds. The plan must also describe a clear method for evaluating the services that will be provided, including identification of a specific evaluation standard, as well as recommendations or plans for improving essential public health services delivery based on the results of the evaluation. Complete the table below for each public health issue or public health program addressed by LPHS funded staff. (Make additional copies of the table as needed) PUBLIC HEALTH ISSUE Briefly describe the public health issue to be addressed. Number issues if more than one Issue will be addressed. 1. Tuberculosis Control activities for Calhoun County. ESSENTIAL PUBLIC HEALTH SERVICE(s) List the EPHS(s) that will be provided or supported with LPHS Contract funds 1. Diagnose and investigate community health problems and community health hazards (EPHS #2). OBJECTIVE(s) List at least one measurable objective to be achieved with resources funded through this contract. Number all objectives to match issue being addressed. (Ex: 1.1, 1.2, 2.1, 2.2, etc,) 1. Maintain comprehensive Tuberculosis investigation and treatment for all classifications of patients in Calhoun County. PERFORMANCE MEASURE List the performance measure that will be used to determine if the objective has been met. List a performance measure for each objective listed above. 1. Provide 100% Directly Observed Therapy (DOT) to all adult Tuberculosis cases, and perform 100% of contact investigations of Tuberculosis cases. EVALUATION AND IMPROVEMENT PLAN List the standard and describe how it is used to evaluate the activities conducted. This can be a local, state or federal guideline. 1.1. CDC, Maintain simple procedures for DOT at Calhoun County Health Department, in patient's homes, and with other community health partners, i.e., hospitals, school nurses, etc... 1.2. Perform full contact investigation when a Tuberculosis case is identified. DELIVERABLE Describe the tangible evidence that the activity was completed. 1.1. DSHS Tuberculosis Control Guidelines, which are continually updated, will be utilized for all activities of the Tuberculosis Control Program, specifically in utilizing DOT guidelines. 1.2. DSHS Tuberculosis Control Guidelines, which are continually updated, will be utilized for all activities of the Tuberculosis Control Program, specifically in performing contact investigations for Tuberculosis cases. Document Type Organization Role Current Period Date 1 Status Date Due , Renewal _(:_~11!lQJm__G_Q,ldnl'i__H~~lLU) Q,2J2grJrmmt Contractor System Administrator, Contraclor Signatory Contract Executed 09101/2013 - 08/31/2014 NIA Created By: Modified By: PFEIFER. Hon, MICHAEL on 9/1312013 2:23:06 PM Gruber, David on 9/20/2013 7:39:38 AM Yau are here: > Renewal Menu > Forms Menu > Contract Execution Forms SIGNATURE PAGE Contract Number Program 10 - Program Name Contract Amount Contract Term 2014-000020-00 RLSS/LPHS - RLSS/Local Public Health System-PnP $30,041 9/1/2013 - 8/31/2014 Contractor Signature w I certify that I am authorized to sign this document, and any attachments or addendums thereto, and I have read and agree to all parts of the contract. Signed By: Hon. MICHAEL PFEIFER Date Signed: 9/13/2013 DSHS Signature 1__ I certify that I am authorized to sign this document, and any attachments or addendums thereto, and I have read and agree to all parts of the contract. Signed By: David Gruber Date Signed: 9/20/2013 RESIGNATION OF VETERANS' SERVICE OFFICER JOE R. PENA: A Motion was made by Commissioner Lyssy and seconded by Commissioner Galvan to except the resignation of Veterans' Service Officer Joe R. Pena. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. Honorable County Judge Michael Pfeifer County Commissioner Prescient I Roger Galvan County Commissioner Prescient 2 Vernon Lyssy County Commissioner Prescient 3 Neil Fritsch County Commissioner Prescient 4 Kenneth Finster V. F. W. Commander John "Jack" Mageluzzo American Legion Commander Ron Langford Commander American G. 1. Forum Edward Rendon Dear Honorable Gentlemen, I Joe R. Pena, would like to thank each of you for allowing me to serve as your County Veterans Officer for the last 5 years. I have been able to helped many veterans and widows in obtaining their due benefits, for their Military Service to our Country. I am submitting my resignation as Calhoun County Veterans Officer effect September 30, 2013. Our Grandkids have moved to Fort Hood and we are not able to attend their functions because of my commitments to our Veterans. After much consideration, I feel it would be in my family best interest to seek a replacement for my office. I am sure that the three Veterans posts will help in the selection of a replacement for me. The appointee should be able to attend the Spring Conference for required training through Texas Veterans Commission. Presently you have Veteran Ron Sells, whom is helping serve the Disabled American Veterans, he also is helping to fill in when I have not been able to be in the office. I have asked him ifhe wanted the job but he stated that he would not be able to work the three days a week. Who ever is appointed should really be looked at serving more than 12 hours a week. The need for the Veterans Service Officer in this county is in very much need and demand. Many times, I have met with the Veterans at their convenience and even on Weekends when they could not come during the scheduled hours. ~,<?- ~ CC: Texas Veterans Commission Austin, Texas Houston Veterans Regional Office FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR FIRE SERVICES BY AND BETWEEN THE CITY OF PORT LAVACA AND CALHOUN COUNTY AND AUTHORIZE COUNTY JUDGE TO SIGN. AMENDMENT CHANGES THE MEASUREMENT PERIOD DESCRIBED IN PARAGRAPH 3.2 IN THE ORIGINAL AGREEMENT WITH REGARD TO MUNICIPAL COST INDEX TO APRIL 1 TO APRIL 1 OF EACH YEAR OF THE AGREEMENT: A Motion was made by CommIssioner Lyssy and seconded by Commissioner Galvan to approve the First Amendment to the Interlocal Agreement for Fire Services by and between the City of Port Lavaca and Calhoun County and authorize County Judge to sign. Amendment changes the measurement period described in paragraph 3.2 in the original agreement wIth regard to municipal cost index to April 1 to April 1 of each year of the agreement. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR FIRE SERVICES BY AND BETWEEN THE CITY OF PORT LA V ACA AND CALHOUN COUNTY STATE OF TEXAS S S COUNTY OF CALHOUN S THIS First Amendment to Interlocal Agreement, approved by each party at a duly called meeting of each entity as shown below, by and between the CITY of PORT LA V ACA, Texas, a home rule city located in Calhoun County, by and through their duly authorized City Manager or Mayor, (hereinafter "CITY") and the COUNTY OF CALHOUN, through its duly authorized County Judge, (hereinafter "COUNTY") such governments acting herein under the authority and pursuant to the terms of the Texas Government Code, Section 791.001 et seq., known as the "Interlocal Cooperation Act. The parties hereto hereby amend the measurement period described in paragraph 3.2 in the original Agreement with regard to Municipal Cost Index ("MCI") to reflect that the measurement period shall be from April 1 to April 1 of each year of the Agreement. Approved at a duly called meeting of the City of Port Lavaca on the 9th day of September, 2013. 0,(( ohn D. Whitt Attest: Mandy Grant, Clty1l ,cretary 1 Approved at a duly called meeting of the Commissioner's Court of Calhoun County on the 12111 day of September, 2013. M~~~~--- Michael J. Pti ifer, C unty Judge Attest: Anita Fricke, Calhoun County Clerk 2 2014 VICTIM INFORMATION & NOTIFICATION EVERYDAY (VINE) PROGRAM AND STATEWIDE AUTOMATED VICTIM NOTIFICATION SERVICE (SAVNS) GRANT CONTRACT AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Lyssy and seconded by CommIssioner Galvan to approve the 2014 Victim Information & NotifIcation Everyday (VINE) Program and Statewide Automated Victim Notification Service (SAVNS) Grant Contract and authorize Judge Pfeifer to sign. Commissioners Galvan, Lyssy, Finster and Jude Pfeifer ail voted in favor. R-l0 Maintenance Renewal Automated Victim Notification Services Calhoun County -Small the tenDS and conditions included in the Agreement, this Exhibit R-10 Schedule of Payments shall the amount due to Appl'iss which will be paid quarterly by the Office of the Attorney General to on the County's behalf as described in 4.3.5 of the Grant Contract. Amount. Customer shall pay Appriss a maintenance amount for the Renewal of Services determined as follows. This Renewal will extend services through August 31, 2014. Jail District Annual Qnarterly #of Total Maintenance Court Maintenance Maintenance Months Maintenance Amonnt Maintenance Amount Amount Through . Amount Due Amonnt (12 Mouths) (4 Quarters) 8/31/14 $ 5,273.28 $930.00 $6,203.28 $1,550.82 12 $6,203.28 Months Amonnt as indicated above does not include "3'd Party Vendor Fees" I include booking IT staff or other work that is associated with any booking system change not covered Vendor Certification. These services are considered additional costs and will be billed by the directly to the entity. Unless approved by the OAG, in writing, in advance, the "3'd not be reimbursed by the OAG's SA VNS grant program. R-10 Service Agreement Renewal Notice DATE: August 15, 2013 C/\Ppriss@ CUSTOMER NAME: LOCATION: Calhoun County 211 South Ann Street, #301 Port lavaca TX 77979 10401 Linn Station Road Louisville, KY 40223-3842 502.561.8463 800-816-0491 PROJECT TYPE: Calhoun County VINE Service www.apprlss.com ORIGINAL SERVICE AGREEMENT DATE: March 8,2005 SERVICE AGREEMENT RENEWAL DATE: September 1, 2013 SERVICE AGREEMENT RENEWAL TERM: 12 Months NEXT SERVICE AGREEMENT RENEWAL DATE: August 31,2014 PROJECT PRICING: $6,203.28 (Quarterly Amount $1,550.82) This Service Agreement Renewal Notice, unless specifically noted in the Contract Changes section below, extends all pricing, service terms and other contract provisions of the prior contract period. No interruptions in delivery of Service will occur in relations to this Service Agreement Renewal. Contract Changes: This Service Renewal Notice includes a 5% decrease in the annual maintenance for FY 2014. The reimbursement process has not changed and the Office of the Attorney General will continue to reimburse Appriss on your behalf assuming the appropriate documentation is completed. Special Note: Please refer to the "3rd Party Vendor Fees" referenced in the attached Exhibit R-10 Maintenance Renewal. This is not a contract change, but a reminder of costs that may be incurred when making booking system replacement and/or changes. AUTHORIZATION: APPRISS INC., BY: CUSTOMER BY: ~- /!~~ 08/1212013 Date Si~~~~ -L~ ~~\e Signature Date Thomas R. Seigle President Title Name KEEPING COMMUNITIES SAFE AND INFORMED SA VNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CALHOUN COUNTY OAG Contract No. 1445220 THIS GRANT CONTRACT is executed between the Office of the Attorney General of Texas (OAG) and Calhoun County (GRANTEE) for certain grant funds. The Office of the Attorney General and GRANTEE may be referred to in this contract individually as a "Party" and collectively as the "Parties." SECTION 1. PURPOSE OF THE CONTRACT The purpose of the OAG Statewide Automated Victim Notification Service (SA VNS) grant program is to maintain Texas counties and other entities in a statewide system that will provide relevant offender release information, notification of relevant court settings or events, promote public safety and support the rights of victims of crime. To ensure a standard statewide service to all interested entities, including GRANTEE, the OAG make grant funds available for eligible expenses related to services delivered to GRANTEE by the vendor, certified by the OAG, to provide certain SA VNS services to the GRANTEE. The OAG published a Request for Offer (RFO) for Statewide Automated Victim Services May 15, 2013. After an evaluation of offers, the OAG identified and certified a single vendor to provide statewide automated victim notification services. The initial term of the Vendor Certification is from September 1,2013 to August 31, 2015. The OAG may exercise its option to extend the term for up to two renewal terms, consisting of two years each. The Vendor Certification includes the offer to perfOllli the "Requested Scope of Services ~ Statement of Work Requirements and Terms and Conditions Applicable to the Vendor Certification" as well as the Pricing Model as provided in the BAFO. The vendor certified to provide the services is Appriss, Inc., ("Certified Vendor"), a Kentucky corporation authorized to do business in Texas. SECTION 2. SERVICE PERIOD (TERM) OF THE CONTRACT 2.1 Service Period (Term). The Service Period (Term) of this contract shall commence on September 1, 2013, and unless terminated earlier as provided by another provision of this contract, this contract will terminate August 31, 2014. 2.2 Option to Extend Term. This contract may be extended for an additional term by a written amendment executed with the same formalities as this contract. Extending the term does not increase the contract amount. Any increase in the contract amount must also be by written amendment executed with the same fOlllialities as this contract. SA VNS Maintenance Grant (12 Months) FY 2014 Page 1 of21 SECTION 3. GRANTEE's CONTRACTUAL SERVICES 3.1. Grantee Services Agreement. GRANTEE will execute a "Services Agreement," a contractual agreement, with the Certified Vendor to provide services consistent with the GAG Vendor Certification documents. The Services Agreement will include terms and conditions that are intended to provide the GRANTEE such rights and remedies as are necessary to ensure the delivery of the services from the Certified Vendor in accordance with the Scope of Services as stated in this contract and the GAG Vendor Certification documents. 3.2 Grantee Maintenance Plan. GRANTEE agrees to establish and follow a "Maintenance Plan." The Maintenance Plan, at a minimum, will be designed to accomplish the following: make available offender information that is timely, accurate and relevant to SUPPOlt the SA VNS services; verifY the Celtified Vendor's performance according to Services Agreement; satisfactorily discharge GRANTEE's obligations as described in the Services Agreement; and identifY and dedicate GRANTEE staff, resources and equipment necessary to maintain the SA VNS services in the Services Agreement. 3.3 GRANTEE Service Levels. In addition to other service levels that the GRANTEE may impose, GRANTEE will inspect, monitor and verifY the performances required of the Certified Vendor as provided in the Services Agreement as well as this contract. GRANTEE will execute a Services Agreement or a Service Agreement (Renewal Notice) with the Certified Vendor, for the telm of this contract, GRANTEE will verifY that input data (the jail and court data elements used by the SA VNS system) is entered accurately and in a timely basis. GRANTEE will allow on-site monitoring visits to be conducted by GAG or its authorized representative. 3.4 Cooperation with Statewide Stakeholders. GRANTEE will reasonably cooperate with and participate in Statewide Stakeholders meetings and efforts to monitor and improve the SA VNS services on a statewide basis. GRANTEE may reasonably agree to designate third- paTties to assist the GAG, GRANTEE and the other Statewide Stakeholders, in the overall monitoring, inspection and verification of the Certified Vendor's performances. 3.5 Scope of Services. For the purpose of this contract, the requirements, duties and obligations contained in Section 3 of this contract are collectively referred to as the "Scope of Services". As a condition of reimbursement, GRANTEE agrees to faithfully, timely and in a good and workman-like manner implement and maintain the services in compliance with the Scope of Services. GRANTEE shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of its SA VNS program. SECTION 4. GRANTEE'S OBLIGATIONS AND REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with OAG. GRANTEE shall forward to SA VNS Maintenance Grant (12 Months) FY 2014 Page 2 of21 the OAG, the applicable reports on forms as specified by the OAG. GRANTEE shall establish procedures to ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional reports or statistical information from GRANTEE. 4.1.2. Cooperation; Additional Information. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information, including but not limited to infonuation relating to the services rendered by the Certified Vendor, may be required as requested by the OAG. 4.1.3 Notification of Changes in Organization; Changes in Authorized Official, Grant Contact and Project Financial Officer. GRANTEE shall submit within ten (10) business days notice to the OAG of any change of the following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to this contract. GRANTEE shall name an Authorized Official, Grant Contact and Project Financial Officer. GRANTEE must submit a written request by the governing body on GRANTEE's letterhead, with original signature, to change an Authorized Official. GRANTEE, by an email, fax or GRANTEE letterhead signed by the Authorized Official, may request a change to the Grant Contact or the Project Financial Officer. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization. Such fiscal and programmatic management shall include accountability for all funds and materials received fi'om the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and COll'ection of fiscal and program deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain financial management and control systems that include appropriate financial planning, including the development of budgets that adequately reflect all functions and resources necessary to call'Y out authorized activities and the adequate determination of costs; financial management systems, including accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; determination of reasonableness; allocation of costs; and timely and appropriate audits and resolution of any findings; and annual financial statements, including statements of financial position, activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted Accounting Principles (GAAP) or other recognized accounting principle. SA VNS Maintenance Grant (12 Months) FY 2014 Page 3 of21 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records and other information relating to services provided in accordance with applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.2 Programmatic Reports 4.2.1 Service Reports. GRANTEE shall submit service delivery reports, programmatic performance reports and other reports, in the appropriate format and on a timely basis, as established by the OAG. GRANTEE will submit other reports as requested by the OAG. 4.2.2 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances on service delivery repolts, programmatic pelformance reports or other reports. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the reports presented to the 0 A G. 4.2.3 Other Program Reports. GRANTEE shall cooperate fully in any fiscal or programmatic monitoriug, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports, contract or self-evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods, records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.2.4 "Problem Log." GRANTEE shall establish a "Problem Log" that records all problems noted with the SA VNS system, including, but not limited to, system down time, system outages, and equipment failure, The Problem Log will provide when the problem was identified, to whom the problem was referred, and steps taken to resolve the problem and when the problem was resolved. 4.3 Financial Matters 4.3.1 Annual Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the budget for the fiscal year and the allowable expenditures, as shown on Exhibit A. 4.3.2 Requests for Reimbursement. REFER TO SECTION 4.3.5. FOR MORE INFORMATION ON REIMBURSEMENT RIGHTS AND PROCESSES - GRANTEE agrees to allow the OAG to pay the Certified Vendor directly, instead of the GRANTEE, for any reimbursements due the GRANTEE under this contract. OAG grant funds are paid on a cost reimbursement basis. Any payments made by the OAG shall not exceed the actual and allowable allocable costs of GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this contract. GRANTEE will submit to the OAG requests for reimbursement for the actual and allowable allocable costs incurred by GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this SA VNS Maintenance Grant (12 Months) FY 2014 Page 4 of21 contract. GRANTEE is responsible for submitting its invoices to the OAG in an accurate and timely manner. The requests for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. 4.3.3 Fiscal Year End Required Reports. On or before October 15,2014, GRANTEE will submit fiscal year end required reports. a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year. b. Equipment Inventory ~eport. GRANTEE will submit an Equipment Inventory Report which provides record of the current inventory of items purchased, disposed, replaced or transfelTed of any equipment purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. Unless otherwise noted in this contract, GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit repOlt - "timely" means on or before May 31, 2014; otherwise, the timely submission to the OAG is on or before nine (9) months after the end of GRANTEE's accounting year. GRANTEE will contract an independent CPA firm to perform an annual financial audit engagement. GRANTEE's independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of OMB Circular A-133 (audits of State, Local Government, and Non-Profit Organizations) and/or Texas Single Audit Circular (Single Audit or non-Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 Assignment FOLLOWING CONTRACT: Of Rights Of Payment And Reimbursement Details. PROVISIONS SPECIFICALLY APPLY TO THE THIS a. GRANTEE agrees to allow the OAG to pay the Celtified Vendor directly, instead of the GRANTEE, for any reimbursements due the GRANTEE under this contract. GRANTEE EXPRESSLY ASSIGNS ANY AND ALL RIGHTS OF PAYMENT UNDER THIS CONTRACT TO THE CERTIFIED VENDOR. b. The Certified Vendor will send its "Service Agreement Renewal Notice" (or other similar document) and invoice (either annually or quarterly which detail the amount due for each quarter) to GRANTEE by September 1, 2013. The Certified Vendor will notify the OAG within 20 days ofthe notices being sent that they were sent. c. GRANTEE shall submit an invoice to the OAG for the prior quarter by the 5th of the next month following the end of each quarter. The qumters for FY20l4 end on November 30, February 28, May 31, and August 31. GRANTEE shall include verification with its invoice to the OAG stating that the GRANTEE received the services from the Certified Vendor during the preceding quarter. SA VNS Maintenance Grant (12 Months) FY 2014 Page50f2l d. The GAG will forward to the Certified Vendor the payments due to the GRANTEE from the GAG for services provided by the Celtified Vendor as required by this contract. e. The GAG will only pay a quarterly reimbursement payment in arrears after verification fi'om the GRANTEE that services from the Certified Vendor were provided. f. The GAG will process and forward payments to the Celtified Vendor each quarter during FY2014 for invoices received from the GRANTEE that also include the appropriate verification along with its invoice. The quarterly payment will be made for invoices received by the GAG by the 5th day of the month following the end of the quarter, as defined above. The payment will be generated no later than the 30th day after the 5th day of the month following the end of the quarter, as defined above. If an invoice is submitted after the 51h day of the month following the end of the quarter, the invoice may not be paid until the next quarter, as defined above. The GAG will follow up at least once with any GRANTEE that has not returned its paperwork by the designated deadline for any qUalter. The GAG will contact the GRANTEE by the 10th day of the next month following the end of each quarter. g. If the GRANTEE does not submit the required invoice and verification prior to the quarterly deadline defined above, the GAG will process payment in accordance with Section 4.3.5 (f). h. If GRANTEE does not submit the required invoice and verification to the GAG within 45 days of the next month following the end of any quarter, the GAG will determine what steps will be taken next, including placing the grant contract on financial hold or terminating the grant contract. If an GAG grant contract is placed on financial hold or terminated, the GRANTEE remains responsible for any contractual obligation it has with Certified Vendor. The GAG will not be responsible for collection efforts on behalf of the Certified Vendor. 4.3.6 Close-Out Invoice. GRANTEE shall submit a final invoice not later than the earlier of (1) forty-five (45) calendar days after termination of this contract; or (2) forty-five (45) calendar days after the end of each state fiscal year. 4.3.7 Refunds and Deductions. If the GAG determines that an overpayment of grant funds under this contract has occurred, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, the GAG may seek a refund from GRANTEE and/or the Certified Vendor. The GAG may offset and deduct the amount of the overpayment from any amount due to be paid, but not yet paid by the GAG under this contract. The GAG may choose to require a payment directly from GRANTEE and/or the Certified Vendor rather than offset and deduct a specified amount. GRANTEE and/or the Certified Vendor shall refund any overpayment to the GAG within thirty (30) calendar days of the receipt of the notice of the overpayment fi'om the GAG unless an alternate payment plan is specified by the GAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. SA VNS Maintenance Grant (12 Months) FY 2014 Page 6 of2l GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identifY all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a cunent inventory of all equipment or assets, which is available to the OAG at all times upon request. GRANTEE will administer a program of maintenance, repair, and protection of equipment or assets under this contract so as to ensure the full availability and usefulness of such equipment or assets. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the proceeds to repair or replace said equipment or assets. To the extent that the OAG reimburses GRANTEE for its purchase of equipment and supplies with funds from this contract, GRANTEE agrees that upon termination of the contract, title to or ownership of all such purchased equipment and supplies, at the sole option of the OAG, shall remain with the OAG. 5. OBLIGATIONS OF THE OFFICE OF THE ATTORNEY GENERAL 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG in this contract is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void, without first executing a written amendment to this contract. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds as stated in the attached Exhibit A. 5.3 Payment of Authorized Costs. In accordance with the terms of this contract, the OAG will pay costs pursuant to this contract. The OAG is not obligated to pay unauthorized costs, 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt of grant funds (state and/or federal) appropriated to the OAG and such funds are sufficient to satisfY all of OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this contract or arising out of any performance pursuant to this contract. GRANTEE agrees that the grant funds, if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to the OAG for the purpose of this contract. GRANTEE agrees that notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for the purpose of this grant SA VNS Maintenance Grant (12 Months) FY 2014 Page 7 of21 program, or if the appropriated funds made for the purposes of this grant program, are deemed, in the sole discretion of the OAG, required to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6. TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract in whole or in part, upon thirty (30) calendar days notice to the other party. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the GAG may, upon written notice of the breach to GRANTEE, immediately terminate all or any part of this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonable be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4; Section 7; Section 11; and Section 12. 6.4 Refunds to OAG by GRANTEE. If the GRANTEE terminates for convenience under Section 6.1, or if the GAG tenuinates under Sections 6.1 or 6.2 before the purpose of this contract is accomplished, then the GAG may require the GRANTEE and/or the Certified Vendor to refund all or some of the grant funds paid under this contract, for the funds representing the number of months of SA VNS services previously invoiced and paid by the GAG under this contract. 6.5 Notices to Certified Vendor. Any termination of this contract will also be fOlwarded by the terminating party to the Certified Vendor. SECTION 7. RECORDS RETENTION AND ACCESS; AUDIT RIGHTS. 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records to support its charges, procedures, and performances to GAG for all work related to this Contract. GRANTEE also shall maintain such records as are deemed necessmy by the GAG, GAG's auditor, the GAG and auditors of the State of Texas, the United States, or such other persons or entities designated by the GAG, to ensure proper accounting for all costs and performances related to this contract. SA VNS Mamtenance Grant (12 Months) FY 2014 Page 8 of21 7.2 Records Retention. GRANTEE shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit 01' litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this contract, including but not limited to any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for updates to mission critical information, charges, procedures, and performances. Audit trails maintained by GRANTEE will, at a minimum, identifY the suppOliing documentation prepared by GRANTEE to permit an audit of the system by tracing the activities of individuals through the system. GRANTEE's automated systems must provide the means whereby authorized personnel have the ability to audit and to verifY contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. GRANTEE agrees that GRANTEE's failure to maintain adequate audit trails and corresponding documentation shall create a presumption that the services or performances were not performed. 7.4 Access. GRANTEE shall grant access to and make available copies of all data extracts described in Section 3.5, as well as all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract and the operation and management of GRANTEE to the GAG, the State of Texas, the United States, or such other persons or entities designated by GAG for the purposes of inspecting, auditing, or copying such items. All records, books, documents, accounting procedures, practices, and any other items, in whatever form or media, relevant to the performance of this contract shall be subject to examination or audit in accordance with all contract performances and duties, all applicable state and federal laws, regulations or directives, by the GAG, the State of Texas, the United States, or such other persons or entities designated by GAG. GRANTEE will direct any contractor to discharge GRANTEE's obligations to likewise permit access to, inspection of, and reproduction of all books and records of the subcontractor(s) that peliain to this contract. GRANTEE shall provide physical access, without prior notice, and shall direct any contractor and subcontractor to likewise grant physical access to all program delivery sites to representatives ofthe State of Texas and/or the GAG and its designees. 7.5 Location. Any audit of documents listed in Section 7.4 shall be conducted at the GRANTEE's principal place of business and/or the location(s) of the GRANTEE's operations during the GRANTEE's normal business hours and at the GAG's expense. GRANTEE shall provide to GAG and such auditors and inspectors as GAG may designate in writing, on GRANTEE's premises (01' if the audit is being performed ofa subcontractor, the subcontractor's premises if necessary) space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as GAG or such auditors and inspectors may reasonably require to perform the audits described in this Section 7. SA VNS Maintenance Grant (12 Months) FY 2014 Page 9 of21 7.6 State Auditor. In addition to and without limitation on the other audit provisions of this contract, pursuant to Section 2262.003 of the Texas Govellunent Code, the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by GRANTEE or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, GRANTEE or other entity that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any infOlmation the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of GRANTEE related to this contract. SECTION 8. SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web-based data collection method. 8.1 Programmatic Reports and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below, must be submitted via email to: OAG-Grants@texasattorneygeneral.gov If requested or approved by the OAG, other programmatic reports, may be submitted to: Program Manager ~ Grants Administration Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 8.2 Financial Reports (excluding Programmatic Reports and Information). All financial status reports, requests for reimbursement, audits, and equipment inventory reports, must be submitted in hm;d copy format to: Financial Manager - Grants Administration Division Office of the Attorney General Mail Code 005 SA VNS Maintenance Grant (12 Months) FY 2014 Page 10 of21 Post Office Box 12548 Austin, Texas 78711-2548 The Annual Independent Financial Audit and related documents, as well as any other reports, if requested or approved by the OAG, may be submitted to: OAG-Grants@texasattomeygenera1.gov SECTION 9. CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or telminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with the terms of this contract may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withhold or suspend funding, offset previous reimbursements, require repayment, disallow claims for reimbursement, reduce funding, terminate this contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10. GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs, and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities SA VNS Maintenance Grant (12 Months) FY 2014 Page 11 of21 relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended, GRANTEE agrees to comply with Uniform Grant Management Standards (UGMS), as promulgated by the Governor's Budget and Planning Office. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE, and follow OAG fiscal management policies and procedures in processing and submitting for reimbursement GRANTEE's billing and maintaining [mancial records related to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to their performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to their performance under this contract. GRANTEE certifies: No federal/state appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress or the Texas Legislature, or an employee of a member of Congress 01' the Texas Legislature in connection with the awarding, or the extension, continuation, renewal, amendment, or modification of this contract; and if any non-federal/state funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress or the Texas Legislature, an officer or employee of Congress or the Texas Legislature, or an employee of a member of Congress or the Texas Legislature in connection with this contract, the undersigned shall contact the OAG for the "Disclosure Form to Repolt Lobbying." 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessmy to perfOlm the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related Federal governmental bodies related to GRANTEE's right to conduct it business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. If GRANTEE is a law enforcement agency regulated by Chapter 1701, Texas Occupations Code, SA VNS Maintenance Grant (12 Months) FY 2014 Page 12 of21 GRANTEE agrees that it is in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. 10.6 Certifications and Assurances. Exhibit B, attached hereto and incorporated herein, and is applicable to this contract. GRANTEE agrees to strictly comply with the requirements and obligation described in Exhibit B. SECTION 11. SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE agrees that it is an independent contractor and under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of GRANTEE be considered a state employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG or the State of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that any contractor of GRANTEE performing services related to this contract will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE's contractors shall be considered to be solely the employees or agents of GRANTEE or GRANTEE's contractors. GRANTEE shall be responsible for ensuring that there is payment of any and all appropriate payments, such as unemployment, workers compensation, social security, and other payroll taxes for such persons, inclnding any related assessments or contributions required by law. To the extent allowed by law, GRANTEE or GRANTEE's contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation, taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties; further, to the extent allowed by law, that GRANTEE and/or GRANTEE's contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of the actions or performance of GRANTEE or GRANTEE's contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnifY and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of the GRANTEE, its employees, representatives, agents, or GRANTEE's contractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining the written consent from the OAG. This section is not intended and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. SA VNS Maintenance Grant (12 Months) FY 2014 Page 13 of21 11.3 Intellectual Property. GRANTEE agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty-free, non- exclusive, and irrevocable license which is hereby reserved by the OAG and GRANTEE hereby grants to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted the unrestricted right to use, copy, modifY, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of such intellectual property made the subject of this contract. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identifY and report this income in accordance with the OAG's reporting instmctions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General ofthe State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. OTHER THAN AS SPECIFICALLY ALLOWED IN THIS CONTRACT IN THAT GRANTEE UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE ANY AND ALL REIMBURSEMENT PAYMENTS TO THE CERTIFIED VENDOR, GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. 11.8 No Grants to Certain Organizations. GRANTEE confirms that by executing this contract that it does not make contributions to campaigns for elective office or endorse candidates. 11.9 No Waiver of Sovereign Immunity. To the extent allowed by law, the Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation oflaw. 11.10 Governing Law; Venue. This contract is made and entered into in the State of Texas, This contract and all disputes arising out of or relating thereto shall be governed by the laws of SA VNS Maintenance Grant (12 Months) FY 2014 Page 14 of2l the State of Texas, without regard to any othelwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, and to the extent allowed by law, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Com-t 01' the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the pm-pose of prosecuting and/or defending such litigation. To the extent allowed by law, GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jm-isdiction of the above-named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the venue is improper. 11.11 Special Conditions. Exhibit C, attached here and incorporated herein, and applicable to this contract. If any Special Conditions are imposed by the OAG, those provisions will be reflected on the attached Exhibit C. SECTION 12. CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Constrnction of Contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, Including All Exhibits. This contract, including all exhibits reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. Any exhibit mentioned in this contract that is attached is incorporated herein. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. 12.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and prestuned to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non-waiver. The failm-e of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failm-e, shall not be a SA VNS Maintenance Grant (12 Months) FY 2014 Page 15 of21 SA VNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CALHOUN COUNTY OAG Contract No. 1445220 EXHIBIT A Population Size: Small The total liability of the GAG for any type of liability directly or indirectly arising out of this contract and in consideration of GRANTEE'S full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement by the GAG for expenses, if any, as set fOlih in this contract or arising out of any performance herein shall not exceed the following: Maximum Total Grant Funds Event Cost for Jail Cost for Courts Number of SHALL NOT Months EXCEED Standard Maintenance $5,273.28 $930.00 12 $6,203.28 Phase AS PROVIDED BY THIS CONTRACT, GRANTEE SPECIFICALLY UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE ANY AND ALL REIMBURSEMENT PAYMENTS UNDER THIS CONTRCT TO THE CERTIFIED VENDOR. The maximum number of months is provided above. The GAG is not obligated to pay for services prior to the commencement or after the termination of this contract. SA VNS Maintenance Grant (12 Months) FY 2014 Page 17 of21 SA VNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CALHOUN COUNTY OAG Contract No. 1445220 EXHIBIT B OAG CERTIFICATIONS AND ASSURANCES A. The Uniform Grant Management Standards ("UGMS"), Part III, Section _.14; Promulgated by the Office of the Governor, State of Texas, Establish the following assnrances applicable to recipients of state grant funds: (1) GRANTEE must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body 01' to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) GRANTEE must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. (3) GRANTEE must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4) GRANTEE must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. (5) No health and human services agency or public safety or law enforcement agency may contract with or issue a license, celtificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (6) GRANTEE that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a celtification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. (7) When incorporated into a grant award or contract, the standard assurances become terms or conditions for receipt of grant funds. GRANTEE shall maintam an appropriate contract administration system to insure that all terms, conditions, and specifications m'e met. SA VNS Maintenance Grant (12 Months) FY 2014 Page 18 of21 8) GRANTEE must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and RegulatOlY Services. GRANTEE shall also ensure that all program personnel are properly trained and aware of this requirement. (9) GRANTEE will comply with all federal statutes relating to nondiscrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. SS 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. S 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U,S.C. SS 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P,L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) SS 523 and 527 of the Public Health Service Act of 1912 (42 U,S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. S 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and Gl the requirements of any other nondiscrimination statute(s) which may apply to the application, (10) GRANTEE, as applicable, will comply, with the provisions ofthe Davis-Bacon Act (40 U.S.C. S S 276a to 276a-7), the Copeland Act (40 U.S.C, S S 276c and 18 U.S.C. 9 9 874), and the Contract Work Hours and Safety Standards Act (40 U,S,C. S S 327-333), regarding labor standards for federally assisted construction sub agreements. (11) GRANTEE, as applicable, will comply with requirements of the proVISIOns of the Uniform Relocation Assistance and Real Propelty Acquisitions Act of 1970 (P. L. 91-646) which provide for fair and equitable treatment of persons displaced 01' whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal paIticipation in purchases, (12) GRANTEE will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. S 7321- 29) which limit the political activity of employees whose principal employment activities are funded in whole or in palt with Federal funds. (13) GRANTEE will comply with the minimum wage alld maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (14) GRANTEE, as applicable, will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EP A) list of Violating Facilities and that it will notifY the Federal grantor agency of the receipt of any communication from the Director ofthe EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). (15) GRANTEE, as applicable, will comply with the flood insurallce purchase requirements of 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102 (a) requires the purchase of flood insurallce in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been SA VNS Maintenance Grant (12 Months) FY 2014 Page 19 of21 identified by the Secretary of the Depmtment of Housing and Urban Development as an area having special flood hazards. (16) GRANTEE, as applicable, will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P,L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. SS 1451 et seq.); (I) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. S 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drillking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). (17) GRANTEE, as applicable, will comply with the Wild alld Scenic Rivers Act of 1968 (16 U.S.C. SS 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (18) GRANTEE, as applicable, will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U,S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). (19) GRANTEE, as applicable, will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89- 544, as amended, 7 U,S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, 01' other activities supported by this award of assistance. (20) GRANTEE, as applicable, will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. SS 4801 et seq.) which prohibits the use of lead-based paint in construction 01' rehabilitation of residential structures. (21) GRANTEE, as applicable, will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), which prohibits smokmg within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) GRANTEE, as applicable, will comply with all federal tax laws and are solely responsible for fi1mg all required state and federal tax forms. (23) GRANTEE, as applicable, will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. (24) GRANTEE, as a signatory party to the grant contract, must certifY that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. (25) GRANTEE must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. SA VNS Maintenance Grant (12 Months) FY 2014 Page 20 of21 SA VNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CALHOUN COUNTY OAG Contract No. 1445220 EXHIBIT C SPECIAL CONDITIONS Special Conditions are imposed by the OAG, at its sole discretion. In addition to the ones identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this contract. The OAG is placing GRANTEE on immediate financial hold, without further notice, until all Special Conditions, if any, listed in this Exhibit are met. The following Special Conditions apply to this contract: . None SA VNS Maintenance Grant (12 Months) FY 2014 Page 21 of21 waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent 01' waiver to or of any breach or default in the performance of the same or any other obligation ofthis contract. 12.6. Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY GENERAL CALHOUN COUNTY Attorney General or designee (j\A'~ ~~ Authorized Of Idal ,,^,u4~{ 3'. ?H~~""- Printed Name Printed Name SA VNS Maintenance Grant (12 Months) FY 2014 Page 16 of2l TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (TXDOT PROJECT NO. M1413PTLA) AND AUTHORIZE ALL APPROPRIATE SIGNATURES: A Motion was made by Commissioner Lyssy and seconded by Commissioner Galvan to approve the Texas Department of Transportation Grant for Routine Airport Maintenance Program (TxDOT Project No. M1413PTLA) and authorize ail appropriate signatures. CommIssioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT Project No.: AM 2014PTLA TxDOT CSJ No.: M1413PTLA Part I - Identification of the Project TO: The County of Calhoun, Texas FROM: The State of Texas, acting through the Texas Depmiment of Transportation This Grant is made between the Texas Department of TranspOliation, (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 I. 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 airpOlt 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 01' $50,000.00, whichever is less, per fiscal year and subject to availability of state appropriations. Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include additional approved airpolt 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. August 30, 2013 Page 1 of12 Only work items as described in Attacbment A, Scope of Services of this Grant are reimbursable under this grant. Work shall be accomplished by August 31, 2013, 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 recol'ds ofthe 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 01' payments made by the State which are in excess of the percentage of financial assistance (Amount B) as stated in Paragraph 11-1. 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. August 30, 2013 Page 2 of 12 The State will not participate III 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 facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grant; 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, chatier 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, airpOli 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 airpOlt from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private propeliy. Sponsor shall be subject to this prohibition, commonly known as a "through-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 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 August 30, 2013 Page 3 of 12 treasury of the Sponsor, or evidence of the prior creation of an existing airpOli 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 pmt 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 divelied 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 01' other propeliy 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 grant or loan, adopted and passed an airpOlt hazard zoning ordinance or order approve'd by the State. 1. mowing services will not be eligible for state financial assistance. Sponsor will be responsible for 100% of any mowing services. 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 employees performed under this agreement. The Sponsor, to the extent of its legal authority 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 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. 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 and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. August 30, 2013 Page 4 of 12 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 airpOlt 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 ofthe building no state funds 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 TranspOltation Code, Chapter 21, constituting the contractual obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the airpOlt 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. PART IV - Nomination of the Agent 1. The Sponsor designates the State as the palty 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 wit\1 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 as Agent: exercise supervision and direction of the project work as the State reasonably finds appropriate. Where there is an August 30, 2013 Page 5 of 12 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 I. This Grant is executed for the sole benefit of the contracting pmties and is not intended or executed for the direct or incidental benefit of any third party. 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 TranspOltation 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 impOltance to the State 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: (I) 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 project pursuant to this Grant, pl'Ovided however, these remedies shall not limit the State's authority to enforce its rules, regulations or August 30, 2013 Page 6 of 12 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 total 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 Alticle 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. August 30, 2013 Page 7 of 12 Part VI - Acceptances Sponsor The County of Calhoun, Texas, does ratify and adopt all statements, representations, warranties, covenants, agreements, and all terms and conditions of this Grant. Executed this / :;2 day of JJ. OfifhnLL ,20J.3. The County of Calhoun, Texas Sponsor s~:s~11i~u9 ~ r ~ ~A~L- Sponsor Titl~ L' Witness Signa~ r ~~i;.;.~ ~J Witness Title Certificate of Attorney I,S/"c;, tJ/Jo rJ <:;"",11./ (L[ , acting as attorney for the County of Calhoun, Texas, do celtify that I have fully examined the Grant and the proceedings taken by the Sponsor relating to the acceptance of the Grant, and find thatthe manner of acceptance and execution of the Grant by the Sponsor, is in accordance with the laws of the State of Texas. Dated at Pert LAJ ~c A , Texas, this I'&-.- day of "'!:.oi+<'~ by ,2013. .~~ Witness Signature ~ Attorney's Signature A \) "^-~ tJ, ~t(<:'VJ,., ve Ass; AJ- Witness Title August 30, 2013 Page 8 of 12 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 ByDV57/Y ~ David S. Fulton. Director A viation Division Texas Department of Transportation Date: 9/13/2013 AugUSl 30. 2013 Page 9 of 12 Attachment A Scope of Services TxDOT CSJNo.: M1413PTLA GENERAL MAINTENANCE $30,000.00 $15,000.00 $15,000.00 SPECIAL PROJECT $0.00 $0,00 $0.00 SPECIAL PROJECT $0.00 $0.00 $0.00 SPECIAL PROJECT $0.00 $0.00 $0.00 MISC - A WOS Maintenance $3,720.00 $1,860.00 $1,860.00 Total $33,720.00 $16,860.00 $16,860.00 Accepted by: The County of Calhoun, Texas ---fl^A IA.~ fltt:- Title: r -IM'<lin fr. J ~.e Date: q - 1'7: ~ I) Notes: (explanations of any specifications or variances as needed for above scope items) MISCELLANEOUS: TxDOT to contract for A WOS maintenance, Sponsor to contract for A WOS A viMet Data Link, A WOS repairs/parts replacement. GENERAL MAINTENANCE: As needed. Sponsor mav contract for services/purchase materials for routine maintenance/improvement of airport pavements, signage. drainage, approach aids. lighting svstems, utilitv infrastructure, fencing, herbicide/application, sponsor owned and operated fuel systems, hangars, buildings. terminal buildings and security svstems: professional services for environmental compliance, approved proiect design. Special 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. August 30, 2013 Page 10 of 12 CERTIFICATION OF AIRPORT FUND TxDOT CSJ No.: Ml4l3PTLA 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 AirpOlt 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 pati 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. The Countv of Calhoun, Texas (Sponsor) By:_~;l.LC} ~ Title: r ~ ~l}-D Date: 1-13~ ~3 State of Texas Single Audit Requirements I, Cynthia Mueller , do certify that the County of Calhoun will comply with all (Designated Representative) requirements of the State of Texas Single Audit Act if the County of Calhoun spends or receives more than $500,000 in any 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 expenditures, please submit a letter indicating that your entity is not required to have a State Single Audit performed for the most recent audited fiscal year. 41~1~ County Auditor Title September 13, 2013 Date August 30, 2013 Page 11 of 12 DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number: Ml4l3PTLA The County of Calhoun designates, Commissioner Vern Lyssy (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 Sponsor. The Countv of Calhoun, Texas (Sponsor) By: M^ll~ t ~~ Title: r ~ ~I-R. Date: q / t ~y ) ) DESIGNATED REPRESENTATIVE Mailing Address: 5812 FM 1090 Port Lavaca TX 77979 Overnight Mailing Address: SAME Telephone/Fax Number: 361-552-9656/361-553-6664 Email address: vern.lyssy@calhouncotx.org August 30, 2013 Page 12 ofl2 APPOINTMENTS/REAPPOINTMENTS TO THE GENERAL ASSEMBLY AND BOARD OF DIRECTORS TO THE GOLDEN CRESCENT REGIONAL PLANNING COMMISSION: A Motion was made by Judge Pfeifer and seconded by CommissIoner Galvan to appoint Commissioner Lyssy and Commissioner Fritsch as representatives to the Golden Crescent Regional Planning Commission with Commissioner Fritsch being the alternate. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. 2014 SHERIFF'S AND CONSTABLE'S FEES: Passed on this Agenda Item. CONTRACT WITH HURT'S WASTEWATER MANAGEMENT, LTD IN THE AMOUNT OF $79,500 FOR THE INDIANOLA/MAGNOLIA WETLAND PRESERVATION PROJECT NO. 5107-483-01 AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Galvan and seconded by Commissioner FInster to approve the Contract with Hurt's Wastewater Management, LTD in the amount of $79,500 for the IndianolajMagnolia Wetland Preservation Project No. 5107-403-01 and authorIze Judge Pfeifer to sign the contract. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR PREAMBLE 1:M11 day of ~0nb.e(' , in the year 2013 by and between Calhoun known as the "Owner" or the "County", and ~GlW; T lc ,herein known as the "Contractor", a (circle one) (an Individual, a ) of the State of 'i'€'l<AS ARTICLES The Owner and the Contractor agree as set forth in lhe following articles: 1.0 THE WORK a. Description: The Contraclor will perform the work as described and shown in the Contract Documents and Drawings for completion of the Indianola/Magnolia Wetland Preservation: Project No. 50107-483-01, including furnishing all plant, labor, material, and equipment, and performing all work required for the Project. Unless othelWise specified in a Contract Document, each instruction and requirement in that Conlract Document shall be considered to be directed at the Contractor. b. The Engineer: CivilCorp, LLC will serve as Engineer representing Calhoun County during construction of the work. 2.0 CONTRACT DOCUMENTS This agreement consists of all of the Contract Documents that are as fully a part of the Contract as if attached here to or repeated verbatim herein. The Contract Documents include the following: a. General Conditions; b. the Bid Form; c. the Plans, including drawings and the Technical Specifications; d. certification regarding debarment 3.0 CONTRACT TIME a. Commencement: The Contract Time will begin ten (10) calendar days after the date of issue for the Notice to Proceed. The Notice to Proceed will be issued by the Engineer. b. Completion: 8D-1 The Project must be fully completed within 45 calendar days after the beginning of the Contract Time, subject to extensions of time as provided by applicable provisions of the Contract. c. Delayed Completion: Failure of the Contractor to fully complete the Project within the Contract Time, including any extensions granted, shall entitle the Owner to deduct from the money due to the Contractor, the amount of five hundred dollars ($500.00) for each calendar day of delay in completion of the Work, not as a penaity but as liquidated damages, based on a reasonable estimate of the added expense for supervision, and lhe loss of anticipated use of the completed project. 4.0 CONTRACT SUM a. The Owner agrees to pay the Contractor for the performance of the Contract, amounts determined by the Contractor's Bid for the project which was: Seventy-nine thousand five hundred Dollars & zero Cents ($79,500) which amount shall be known as lhe Contract Sum. 5.0 PAYMENTS a. Partial Payments shall be made on a monthly basis in accordance with the following conditions: On or before the 5th day of each month, the contractor shall send an Invoice to the Engineer who will review and prepare a statement showing as completely as practicable the total value of the work done by the Conlraclor up to and including the last day of the preceding monlh. The Owner shall then pay the Contractor on or before the last day of the current month the total amount of the Engineer's statement, less five (5) percent of the amount thereof, which percent shall be retained until final payment and, further, less the sum of all previous payments, and all further sums that may be retained by the Owner under the terms of this Contract. Owner's failure to make said statement shall not waive lhe right Owner may have under the terms of the Contract Documents or state law to withhold any sums otherwise payable hereunder. b. Final Payment shall be made upon completion of the Project in accordance with the County procedures. 6.0 RETENTION OF RECORDS The contractor shall retain all records pertinent to expenditures incurred under this contact for a period of five (5) years after the termination of all activities funded under this Agreement. Notwithstanding lhe above, if there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited and that started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or lhe expiration of the five.year period, whichever occurs later. 8D-2 AFFIRMATION This Contract shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. The Contract Documents constitule the entire Contract between the Owner and the Contractor, and may only be altered, amended or repealed by a duly executed written instrument. The Contractor may nol assign its obligations under this Conlract wilhout the prior written consent of the Owner. IN WITNESS WHEREOF, the parties have caused lhis contract to be executed by their duly authorized officials in one original copy on the date first above written. Additional copies of the original contracl will be dislribuled to all appropriate parties. OWNER: CONTRACTOR: Jk.(1.:r ~ WA~)Tt;~..-e{( ~"N_-.r?fN"'''' ....Th . { Calhoun County, Texas By:-AA1 'A~ ~ BfI- Michael fei r County Judge By: Name: Title: Address: 201 South Ann Port La Acjdress: 'P.D e"'.... L..lo2 c:-'P,>->AoQ ',-rI-- "'-'''''\<..,.1- (PI ase Type) Title: o.t?~ tQUJ\~ dQj~ ~EST: A ~ Name: BLAItF P~11 (Please Type) Title:;V~ Pvhl.c. 60.3 i ACCIDENT I INSURANCE ! COMPANY 5SUI Ll),] Sl'IrE 1200 DALLAS. TEXAS 75240 TELEPltONf.: (800) 5J3~457 FACSIMILE: (800) 650 -.9055 COMMERCIAL GEt"lERALLIABILITY POLICY DECLARATIONS P()lky:\"umm>r n:.ALl12t96 '\ltnt: 8159 :'\amtd InJOred= HUR'PS W,\STEwo\rER MANAGEMENT. LTO .~dtJl\'M: PO BOX 602 Progr'::SSIW Ris\i. Scrvll:'::;. LLC 6300 RIDGLEA PL.. srR. 412 GANAOO. T)\ 7796~ rortWorth,TX 16116 PoUe,' PeriQII: From 0611212013 To OMl2l20H U:OI AM Stando.rd '[Imeat Your M3i1ingaddl\!!is sntlwn above. form OfBulIlna'l: CORPORATION 1:\ RF.TlfR:"<I FOR nit P,W.\U::\TOF'fUF. PREMIUM. A.~D SllUJ.ECTTOAl.I.l'H.ETER~S OFTUlS POLICY. WE.,\GREE WITH YOO TO rROVrD&THE INSI1RASC:F.AS STATf.D IN TfUS POUe\', This ptlllL) consisll1ofll~ fonov..ing cov.tr~ pans for which alimil of insurance is indicated. ('cn'.nI~t'Part Umlc:l of JnslJnlna General Aggregate Limit (Olber dUIn Produd$~ Complct~d Optradon,) Prfl(Jucl$ a (,omptcted Operalions Aggregate Umil Personalllnd Adverming Jnjul1' LImit Each Occurrenr, Limit DlImale to PrtmiJe.~ Rtnltd To "ou Limit (Any One Pf1!mi~fi) Med"'.' f."PC'I\.\;C Limit(An;,: OtiC P~I'$t)n) 1.000,/:00 J.OOO,OOO 1,000,000 1,000.1100 100.<l')O 5,000 Bit PI) Deductible (per Claim): 1(100 rll!~~~~~;~~\-~,~lt:::?:!:~?~;t:;L~\,~~f;_:;.ii~{~~:'~~T~~},fti;'l~i~~~;;~~;Xt~{j;i.:l~1ir~I~R;~~,:~~~'.{~,~ :;:~:r.~~.::. ',;~ ~j;j;~~~,i~~~~~,~~fff~.ii~,~ l"lIe: o.le-: Q6Jlli20IJ BY L2~~' I'Hf.Sf.I>F.Clr\RA'nONS. TflGF.THF.R WITH THE COMMON POLICY CONDITIONS, COVERAGE FOR~i(S) AND F.NOORSEMENTS, IF ANY. ISSUED TO FORM A P,'RTTHf.REOF, COMPI.ETE THE ABOVE NUMBERED POlJCY. Pa~ I of4 EXTENSION OF DECLARATIONS Polky Numbtr TXAL1I2196 Errectlve Dale 0611212013 :J.,:;..\.~~"" :-- '" '_ "'OJ ,_ -'.. '., ?"~,~. _".,:.>~: ~ ..' ~,;\. .~: ~. HURT'S WASTEWATER MANAGEMENT, LTD. Duslatu Description: SEPTIC SYSTEMS Location of All Prtmlsts You Own, R84 or Occ.py: Lo<N o I Address City GANADO GANADO s.... ZIP 77962 71962 County PO BOX 662 321 HWY 172 TX TX JACKSON Page2of4 Pollq Numbtr EXTENSION OF DECLARATIONS TXALII2196 Effective Date 0611212013 ~"',:~'F..~.f;l'~~ ~~""/" , .. :. ,~. ::"',' ." Form Number CGOOOI (10101) COOlO3 (10/93) CG0300 (01196) CG2134 (01187) C02lS3 (01196) CG2lS4 (01196) C02167 (04/02) CG2186 (12/04) CG2233 (07/98) CG2426 (07104) CG2639 (04199) DFIC-300 lLool7 (11/98) lL0021 (09108) lLGl68 (09108) lLG27S (09/07) CG2010 (03197) CG2010 (03197) CG2037 (07104) CG2175 (12102) CG2279 (01196) CG2404 (10/93) CG2404 (10/93) Form DescriDtion COMMERCJAL GENERAL LIABILITY COVERAGE FORM 1EXAS CHANGES. CONDITIONS REQUIRING NOTICE DEDUCTIBLE LIABILITY INSURANCE EXCLUSION - DESIGNATED WORK EXCLUSION - DESIGNATED ONGOING OPERATIONS EXCLUSION - DESIONATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSl FUNGI OR BACTERIA EXCLUSION EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEMS EXCLUSION - TESTING OR CONSULTING ERRORS AND OMISSIONS AMENDMENT OF INSURED CONTRACT DEfINITION TEXAS CHANGES - EMPLOYMENT-RELATED PRACTICES EXCLUSION CONTRACTORS SPECIAL CONDITIONS COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMEI<T (BROAD FORM) 7EXAS CHANGES - DUTIES TEXAS CHANGES - CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINE ADDITIONAL INSURED ~ OWNERS, LESSEES OR CONTRAcrORS ~ SCHEDULED PERSON OR ADDITIONAL INSURED - OWNERS. LESSEES OR CONTRACTORS. SCHEDULED PERSON OR ADDITIONAL INSURED ~ OWNERS, LESSEES OR CONTRACTORS ~ COMPLETED OPERATION EXCLUSION OF CERTiFIED ACTS OFOERRORISM AND OTHER ACTS OF TERRORISM EXCLUSION - CONTRACTORS ~ PRdffSSlONAL LIABILITY WAIVER OF TRANSFER OF RIGHrs OF RECOVERY AGAINST OTHERS TO US WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Total: fumIttm SO SO SO SO SO $0 $0 SO $0 $0 $0 $0 $0 SO $0 $0 $0 $27S $250 $0 SO $0 $27S SllOO Page4of4 rexasMutuar Inslll'allCe Ccxnpany 6210 E Highway 290 Austin, Texas 78723.'098 HURT'S WASTEWATER MANAGEMENT LTD PO BOX 662 GANADO, TX 77962-0662 WORKERS' COM~ENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INFORMATION PAGE (See INSURED NAME EXTENDED pgl ITEM 1 INSURED NAME AND ADDRESS POLICY NUMBER TSF-0001136994 20120930 PRODUCER 00796 OrHER WORKPLACES NOT SHOWN ABOVE: see lilltached schedule of operation. MARK CIESLEWICZ 222 S VELASCO ST STE B ANGLETON, TX 77616-6086 Fedaral Tax 10 Bureau Number Branch Renewal of Entity Interim Adjustment Group 201261186 420362846 HOUSTON 0001136994 L 1M I TED PARTNER QUARTERLY - 33% ITEM 2 The Policy Period is from: 9-30-2012 To: 9-30-2013' 12:01 A.M. standard time at thelnsured's mailing address ITEM 3 A. Workers' Compensation Insurance: Part One of the policy applies to the Workers' Compensatlon law of the olates Iloled here: TEXAS B. Employers liability Insurance: Part Two of the polley applies to work In each state listed In Item 3A. The Limits of our Uabillty under Part Two are: Bodily Injury by Accident Bodily Injury by Disease Bodily Inlury by Ofsease $ 1,000,000 $ 1,000,000 $ 1,000,000 C. other States Insurance: Part Three of the polley applfes to the states, if any, listed here; NONE D. . This policy Includes these endorsements and schedules: Each Accident Each Emptoyee Policy Limit lTEM.4 See Schedule of Endorsements attached The premium for this polley wlll be determined by our manuals of Rules, ClasslficaUons, Rates and Raling Plans. All information required below Is subject to verlfleallon and change by audll. 26,646.00 : .00 : 633.00 : 27 ,179.00 : 6,261.00 I. : 2,674.00- : 3,691.00- : .00 : .00 : 1,840.00- : 150.00 25,376.00 TOTAL ESTIMATED STANDARD PREMIUM ,$ WAIVER OF SUBROGATION . . INCREASED EMPLOYERS LIABILITY LIMITS .. TOTAL PREMIUM SUBJECT TO MODIFICATIONS PREMIUM MODIFIED TO REFLECT EXPERIENCE MOD OF ( PREMIUM MODIFIED TO REFLECT SCHEDULE RATING OF ( WORKERS' COMP HEALTH CARE NETWORK DISCOUNT ( .12 DEDUCT ISLE PREMIUM. .. '" , ADMIRALTY/FELA OR L & H W PREMIUM DISCOUNT, IF APPLICABLE ( 6..80 ) EXPENSE CONSTANT CHARGE TOTAL ESTIMATED ANNUAL PREMIUM .. , 1.23 ) .92 ). ,$ MINIMUM PREMIUM 250.00 Countersigned by ;;t1 ""-- . jt/~ Is.ue Dste: 9-29-2012 The Texas Mutual Insurance Company is requlrea by law to provide Its policyholders with certain accident prevention services as required by Texas LaborCode, ~11.066, at no additional charge and retum-to-work coordination services as required by Texas Labor Code ~413.021. If you would like more Information, call Taxas Mutuallnsuranca Company's loss control division at 1-800-859-5995 for accident prevention services or 1-800-859-5995 for return-to-work coordination services. If you have any questions about this requirement, call theTexas Department of Insurance, Division of Workers' Compensation, Workplace Safety; at 1-800-687-7080. WCOOOO01A (ED. 07-11) S14I~F.1IlI A, Texas Business Auto Coverage Form DeClarations-page 1 Slate Farm Mutual Automobile Insurance Company PO Box 799100 Daf/as TX 75379 NAMED INSURED AND MAILING ADDRESS ITEM ONE: 04459.7'A MUTL VOL FLteET DECLARATIONS PAGE I 53.8447.71AA POLICY NUMBER 197 t 115-Dt6-53A POLICY PERIOD APR 162013 to APR 162014 A ~ """,- HURT'S WASTEWATER HGHT LTD PO BOX 66Z GAHADO TX 77962-0662 STATE FARM PAYMENT PLAN NUMBER 1142186925 AGENT BRIDGETTE EMANUEL 5959 WEST LOOP S STE 450 BELLAIRE, TX 77401-2406 . g j ~; DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE. FORM OF BUSINESS: DCORPORATION Kl PARTNERSHIP D INDIVIDUAL DOTHER ITEM THREE: SCHEDULE OF COVERED AUTOS YOU OWN PHONE: (713)666-3115 or (713)666-3938 SEE FLEET SCHEDULE 1~~~_~~m~tJ!I!_'B~~{;jlm~'t'l,~.~..'Ji!J<1 :it~I~i .:;-~~"'~g~~1.tW1l~~~lJ~M:~~\k~~r1f~i~:~1~~t~\ ~~t~~:\Wifi~W$;f~~~~i~1~TIfmrr~19~~i*~}~~eM~%~i~it%fJ~Wt1~~16I~?;;;~. Your p'olioy consists of this deolarations page, the policy booklet - form 9B43U.3ST, and any endorsements that apply, including those issued to you wHh any subsequent renewal notice. Replaoed policy number 1971115-53. ITEM 2-SYMBOL 7 -ALL UNITS (EXCEPT UNIT 100). SYMBOL 8 & 9 (UNIT 100). TE04Q1C. TE9903B. TE9960A. AND TE0409D DO NOT APPLY TO SYMBOL 8 & 9 (UNITS 100). IL0021. TE0406B. TE0039B. TE0040B. TE0409D. TE2330C. TE9924C. TE9976B. TE2046A. 6943BB. SEE ATTACHED TE9904A GENERAL CHANGE ENDORSEMENT. SEE ATTACHED ENDORSEMENTS 00004/ IS5-3Il6G'k~bo6'20Q;2101.~b) (0,",02S40) Agent: BRIDGETTE EMANUEL Telephone: (713)668,3115 Prepared MAR 08 2013 8447.133 :>. -~ 8- !.~ 1ii~ ~~ ~ ~ ~ - ~~~ <t: f/l :!f 1>1<<: ~ ~ ~ ~~I> ~ ~ ~ 8~~ 56;: -ll g88 50 !'l "'0<1l:! i5!(~8 ]~] i~~ ~ ~ Q ~ Q.. CQ !a "' f ~ 11l .... tf'::\ .Ej ~ 8 1i ~ ~ ! 1 I ] ! ~ " ;; C " 1 o _2 &: ~ "" ~ <". 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"'O;l~t:: u,,"'=l ~<~= ~ o Z JOZ I""QS VES-9lG-Sl II L61 ~oq\UnN k>nOd .L3'D100H A.:Jl'lOd H:lOA 0.1 H:JV.l.LV 3SV3'1 .ri '" o ~ '"' u ~,g,s 6:: a ""~ ~E!~ :f8~ 5 ~ 0 "0 - ",J:i':2 1;i]! >-..~ ~ a.~ .8 0.8 "Ii ",~-g'O _::3~c: :;::; tlicu ::li j;tuu~ ~R.2a -: ~ iil ,!i ~ ^~ ~: ::;.; '[ ~.~ . ~ ~! "0 $a oS fi ~~ ~ !~ ~ il 1l ~ ,~ 0lI~ .au p: ~~ ~ ,g'" f-<~ '" ;xl ~ " :;; ",0 l5a C'l:a. . ' ~ &:E o ;;0 ~ j ~ .~ g. u g 1; " :a 01 0 ....6 00 '" ";;<1! II ;;0 ~ !i '" ~ '~ '" o u Ii 10. ~oooo ::5 '" ~ ~ o u 8 J - o '" '" d ~ S' o u 8 ~ ] ~~ c ~ I;j .... WJl!JiI/i'lf CHANGE ORDER NO.2 FOR SEADRIFT BAYFRONT PIER, CALHOUN COUNTY, TEXAS NO. 5107-486-01 AND AUTHORIZE COMMISSIONER FINSTER TO SIGN: A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to approve the Change Order No, 2 for Seadrift Bayfront Pier, Caihoun County, Texas No. 5107-486-01 and authorize Commissioner Finster to sign. Commissioner Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. DATE OF ISSUANCE:g9p[9mpf)[:l,2Qj) CHANGE OfWER No, EFFECTIVE DATE: J~\[IY2()LZQJ;i Collloun County Shirley & Sons Construction Co., inc. Urban Engineering Seadrirt Bayfront Pier, Call1oun County, Texas, No. 5107~486~O'l . Constructing on approximately 300 foot timbroc fishing pier. including 4 concrete parking spaces and 350 linoar feet of concreto sidewalks, located along tho San Antenio Bay shoreline in Seadrift, Calhoun County, Texas OWNER'S CONTHACT NO,: 5107~486~01 OWNER: CONTRACTOR ENGINEER: CONTI,ACT: PROJECT: ENGINI:ER'S PROJECT NO.: E18087.01 You are directed to make the following chan()es in tllO Contract Documents: Description: Additional Work ($30.080,52 - see atlached leller dated Au()ust 20, 20'13 from Shirley & Sons Construction Co., Inc.); Add 90 days to the Contract Time. Reason for Change Order: Additional Work requested by Owner. Allachment: Leiter dated Au()ust20, 2013 from Shirley & Sons Construction Co., Inc. J RECOMMENDED: APPROVED: ~ ACC.'~~I~.7.6D : ,,0/ ../1 -~~~~ O/~' l B . ~ By: _ - tv ~ /~ Bylh'll/if / :7 ENGINE;: 71~lO~d Signnltuc) OWNEH <Authorlzod SigllaluroJ CONT~~:r~H JAUlhorizcd Signalure) Date: .~~~_~_~_____ Date: .fLl-~)t2---~-- Date: ___(__i.'-ll_ CHANGE IN CONTHACT PRICE: Original Contract Price: $343,83/..00 Net Increase (Decrease) from previous Chan()e Ordors No. ' 1 to No. -1.........: $( 1,910.00) -~ Contract Price prior to this Chan()o Order: $341,9/./..00 Net Increase (decrease) of tllis Chan()e Order: $ 30,080.52 Contract Price with all approved Change Orders: $372,002.52 ~ ==.-='=.=~:==""- -~, CHANGE IN CONTRACT TIMES: Ori()inal Contract Times: Substantial Completion: 98~25~/.Oi:uJ!0 davs) Ready for final payment 09~08.2013 f104 dav~j (days or dates) _.._"'~._-,.._._---_._-_..._~-_...~-------~ Net change from previous Chan()e Orders No. _ to No. Substariilal Completion: NIA - ~~--- - ---" Ready for final payment , NIA m~_' (days) Contract Times prior to this Chan()e Order: Substantial Completion: 98./.5~2013 ( 90 days) Ready for final payment 09.08~/.013 (104 days) (days or dates) Net increase (decrease) this Change Order: Substantial Completion: 90 Ready for final payment 90 -. (days) ~~ ..-- Contract Times with all approved Change Orders: Substantial Completion: 11-23~2013 (180 days) Heady fortinal payment: 12-07-2013 (194 dav~l (days or dates) - ~ EJCOC 1910,8.13 (1900 Ed,tibil) ['(,"parod by tho !;nll;J1(lllf5 JO.flI C{l!l!IlIGI DOC<II11"nl! Commillc!! uno endontld by Tho AHOC~il1C!d Genoral Contractors of America flmi the Con~\lI!dio1J Spccif!ClIlions h1S101ulu Eleoa/,Oi.CI\!lfl\loOrde/ 031\3 00940 - '1 P.O. Box 429 . Cleveland, Texas 77328.0429 15705 FM 787 West. Cleveland, Texas 77327 HOUSTON LINE: (713) 222-7881 . PHONE: (281) 592-9254' FAX: (281) 592.9543 August 20, 2013 Bay Front Pier Change Order #2 Attn: Matt Glaze I. Concrete, Parking stops, and Striping Furnish and Install 2500 SF of limestone base x 3.50 SF Furnish and Install 2500 SF of concrete paving x 3.90 SF Furnish and Install 8 parking stops with striping x 135.00 EA Sub Total $8,750.00 $9,750.00 $1,080.00 $19,580.00 II. Electrical Upgrade electrical service Replace 2 electrical poles and light fixtures Sub Total Total Items I, 11 9.34% G & A Cost Sub Total 10% Profit $1,650.00 $3,780.00 $5,430.00 $25,010.00 $2,335.93 $27,345.93 $2,734.59 Total Amount $30,080.52 L CHANGE ORDER NO.1 FOR THE PORT ALTO BEACH AND WETLAND RESTORATION PROJECT AND AUTHORIZE COMMISSIONER FRITSCH TO SIGN: A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to approve the Change Order No.1 for the Port Alto Beach and Wetland Restoration Project and authorize CommissIoner Fritsch to sign. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. CHANGE ORDER Order No. t. Dale: Agreemenl Dale: July 29, 2013 NAME OF PROJECT: Port Alto Beach and Wetland Restoration COUNTY: Calhoun County, TX CONTRACTOR: Lester Construction, Inc. The following changes are hereby made to Ihe CONTRACT DOCUMENTS: Decrease Contingency Item by $9,000. New Total for Contingency is: $22,896, Change Order, Item I: Void-Filling Stone, 3"x5" Urnestone Rock. Accepted at Bid Unit Price: $721ton. Qty: 125 tons, Total Cost: $9,000. JUSlificalion: Additional 3"x5" Bedding Stone material wil1 be used to till voids between armor stones. Change to CONTRACT PRICE: $ 0.00 Original CONTRACT PRICE: $ 669.813,00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 669,813.00 The CONTRACT PRICE due 10 Ihis CHANGE ORDER will (increased)(decreased) by $ 0.00 The new CONTRACT PRICE including Ihis CHANGE ORDER will be $~813 00 Change to CONTRACT TIME: No increase in time was proposed. The CONTRACT TIME will be (increased) (decreased) by 0.0 calendar days. The dale for c.omplelion of all work will be. January 27, 2014 (Dale), Approvals Required: To be effective this Order must be approved by the Federal agency if it changes the scope or objective of the PROJECT, or as may olherwlSe ~ed by the SUPPLEMENTAL GENERAL CONDITIONS. Requesled by r ~ Recommended by Ordered by: Accepted by: Agency Approval (where applicable): 41 LESTER CONTRACTING, inc. P 0, BOX 986 PORT LAVACA, TX 77979 Phone: (361) 552-3024 Fax: (361) 552-4049 COUNTY OF CALHOUN TO 211 S, ANN STREET PORT LAVACA, TX 77979 ""]1 207 t8~12/~013~9/10/20113~~r!-~-~ 1'.'.,_- ~1.~ Supply and Install 3" x 5" Stone to Fill Surface Voids on Top of Newly Constructed Groins 1 125 Tons - 3" x 5" Limestone Rock 100.00 12,500,00* i Supplied and Placed on Top of Constructed Groins to fill Surface I Voids. Approximated area to be 4' Wide x 530' LonQ for both Groins. ~'.'.~ I * means item is non-taxable TOTAL AMOUNT 12,500.00 This proposal includes all labor, equipment and materials necessary to complete the above described work. Submitled By: Ken Lester, Jr. REQUEST BY COMMISSIONER FINSTER TO ADD ADDITIONAL CELLULAR PHONE TO CURRENT AT&T CONTRACT FOR PRECINCT #4 ROAD & BRIDGE: A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve the request by CommIssioner Finster to add additIonal cellular phone to current AT&T Contract for Precinct 4 Road & Bridge. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. I<:enneth W. Finster County Commissioner County of Calhoun Precinct 4 September 5, 2013 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioner's Court Agenda for September 12, 2013. · Discuss and take necessalY action to authorize Commissioner Finster to add an additional cellular phone to the current AT&T contract for Precinct 4 Road & Bridge. Sincerely, ~w.J~ Kenneth W. Finster KWF/at P.O. Box 177 . Seadl'ift, TX 77983' email: kenny.finster@calhouncotx.ol'g' (361) 785-3141 . Fax (361) 785-5602 ACCEPT $2,000 CHECK FROM GENERAL LAND OFFICE (GLO) FOR 2013 BILGE FACILITIES AND HAVE FUNDS APPLIED TO DEPT. 570 - PRECINCT #4 BUDGET: A Motion was made by CommIssioner Finster and seconded by Commissioner Lyssy to accept a $2,000 check from the General Land Office (GLO) for 2013 Bilge Facilities and have funds applied to Department 570 - Precinct #4 Budget. Commissioners Galvan, Lyssy, Finster and Judge PfeIfer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 August 29, 2013 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioner's Court Agenda for Sept. 12,2013. . Consider and take necessary action to accept $2,000 check from General Land Office for 2013 Bilge Facilities and have funds applied to Dept. 570 - Pet. 4 2013 budget. Sincerely, ~w.J~ Kenneth W. Finster KWF/at P.O. Box 177 . Seadrift, TX 77983 . email: kenny.finstel'@calllOuneotx.ol'g. (361) 785-3141 . Fax (361) 785-5602 W.exzrs QInmptrnU.er nf W'ulrl it J\.ttnuuts . . ":TAEASURYWARRANT NO. AUGUST 21, 2013 129611326 C. 12-46 -6 4 ERAL LANO OFFICE PAY TWO THOUSANO OOLLARS ANO. 00/.00. 129511326 4 77983-0177 VOIO AFTER 08/3112016 ~""-~ TEXAS GENERAL LAND OFFICE (GLO) CONTRACT NO. 14-014-000-7994 REGARDING BILGE FACILITIES IN PRECINCT #4 AND AUTHORIZE COMMISSIONER FINSTER TO SIGN CONTRACT: A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to approve the Texas General Land Office (GLO) Contract No. 14-014-000-7994 regarding the Bilge FacilIties in Precinct #4 and authorize CommIssioner Finster to sign the contract. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. INTERLOCAL COOPERATION CONTRACT GLO Contract No. 14-104-000-7994 THE GENERAL LAND OFFICE (the "GLO") and CALHOUN COUNTY PRECINCT No.4 ("Provider"), enter into the following contract for bilge facility operation services (the "Contract") in accordance with the provisions of "Inter/ocal Cooperation Contracts," Chapter 791 of the Texas Government Code. I. DEFINITIONS I INTERPRETIVE PROVISIONS I PROJECT DESCRIPTION 1.01 DEFINITIONS "Administrative and Audit Regulations" means the statutes and regulations included in Chapter 321 of the Government Code; Subchapter F of Chapter 2155 of the Government Code; and the requirements of Article VII herein. State agencies with the necessary legal authority include the GLO, the GLO's contracted examiners, the State Auditor's Office, and the Texas Attorney General's Office. . "Attachment" means documents, terms, conditions, or additional information physically added to this Contract following the execution page or included by reference, as if physically, within the body of this Contract. "Contract" means this entire document, along with any Attachments, both physical and incorporated by reference. "Declaration of Inspection" means the form in Attachment B required to be completed for each vessel serviced at the bilge facility operated by Provider. "Deliverables" means any report, data, document, photograph, or other submission required to be delivered under the terms of this Contract, in whatever form. "Fiscal Year" means the period beginning September I and ending August 31 each year, which is the annual accounting period for the State of Texas, "GAAP" means "generally accepted accounting principles." "GASB" means the Governmental Accounting Standards Board. GLO Contract No. 14-104-000-7994 Page 1 of17 "General Alhmlations" means the statements in Attachment A, attached hereto and incorporated herein for all purposes, which Provider affirms by executing this Contract. "GLO" means the Texas General Land Office, its officers, employees, and designees. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Mentor Protege" means the Comptroller of Public Accounts' leadership program found at: http://www.window.state.tx.us/procurement/pro g/hub/mentorprotege/ "Proiect" means the bilge facility operation services described in SECTION 1.03 of this Contract. "Prompt Pav Act" means Chapter 2251, Subtitle F of Title 10 of the Texas Government Code. "Provider" means Calhoun County Precinct No.4 selected to accomplish the Proj ect under this Contract. "Public Information Act" means Chapter 552 of the Texas Government Code. "State of Texas Texlravel" means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Subcontractor" means an individual or business that signs a contract to perform part or all of the obligations of Provider under this Contract. 1.02 INTERPRETIVE PROVISIONS (a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms; (b) The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, attachment, work order, or schedule of this .Contract unless otherwise specified; (c) The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent amendments and other modifications thereto, but only to the extent that such amendments and other modifications are not prohibited by the terms of this Contract, GLO Contract No. 14-104-000-7994 Page 2 ofI7 and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; (d) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; (e) All attachments within this Contract, including those incorporated by reference, and any amendments are considered part of the terms of this Contract; (f) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each shall be performed in accordance with its terms; (g) Unless otherwise expressly provided, reference to any action of the GLO or by the GLO by way of consent, approval, or waiver shall be deemed modified by the phrase "in its/their sole discretion." Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the GLO shall not be unreasonably withheld or delayed; (h) Time is of the essence in this Contract. 1.03 PROJECT In furtherance of the goals of keeping coastal waters, estuaries, marshes, tidal flats, beaches, and public lands as pristine as possible, and to prevent unauthorized discharges of oil, the GLO and Provider shall cooperate in the receipt of oily bilge wastewater and used motor oil from commercial fishing and recreational vessels in Texas coastal waters in the Calhoun County area (the "Project"). The Project shall be performed in conformance with the terms and conditions of this Contract and all Attachments. 1.04 OBLIGATIONS OF PROVIDER (a) OPERATION AND MAINTENANCE OF THE UNITS. Provider shall operate and maintain two oil and bilge water recovery units ("Recovery Units"), and one mobile pump-out unit ("Mobile Unit"), collectively the ("Units"). Provider shall monitor the use and condition of the Units in order to keep them repaired and in working condition at all times. Provider shall immediately notifY the GLO when any of the Units are not operational for any reason. Provider shall immediately notifY the GLO when, wastewater in the Recovery Units is near capacity. (b) AVAILABILITY OF THE UNITS. Provider shall ensure that the Mobile Unit is available during normal business hours and is easily accessible to vessels authorized to use the Mobile Unit. Provider shall ensure that a trained employee of Provider monitors all discharge operations to make sure that there is an appropriate flow rate into the Units, and that the Units are not overfilled. After a GLO Contract No. 14-104-000-7994 Pagc3 of 17 discharge into the Units, Provider shall ensure that its trained employee locks the intake port and secures the Units to prevent unauthorized use. When Provider receives a request to discharge from a vessel that has a capacity to carry 10,000 gallons of fuel or more and that is authorized to discharge into the Mobile Unit, Provider shall ensure that a trained employee of Provider will complete the required Declaration of Inspection ("DOl") Form, attached hereto and incorporated herein for all purposes in its entirety in Attachment B. (c) ARRANGING FOR RECYCLING AND DISPOSAL FROM THE UNITS. Provider shall be responsible for reclaiming and recycling oil from the Recovery Units. Upon notice from Provider that the wastewater in the Recovery Units is near capacity, or independently based on the OLO's monitoring of the Recovery Units, the OLO shall be responsible for arranging for and paying for disposal of wastewater from the Recovery Units. (d) MAINTAINING RECORDS ON VESSELS THAT USE THE UNITS. Provider shall keep and maintain records on all vessels that discharge into the Units. The records shall, at a minimum, include the following: vessel name; registration number; the owner's name, address, and phone number; the captain's name, address, and phone number; the volwue (in gallons) of the material discharged by the vessel into the Units; and copies of all DOl Forms for discharges into the Units. Provider may collect additional information it deems necessary to document the use of the Units. Provider shall keep and maintain records on vessels that use the Units in accordance with ARTICLE VII of the Contract, RECORDS, AUDIT, PROPRIETARY INFORMATION, AND PUBLIC DISCLOSURE. Provider shall submit the records to the OLO as required by SECTION 1.06 of the Contract, REPORTING REQUIREMENTS. 1.05 OBLIGATIONS OF THE GLO (a) MONITORING OF THE UNIT. The OLO shall monitor the use of the Units regularly and provide guidance to Provider's employees on the operation and maintenance of the Units, and shall assist Provider in ensuring that the Units are always available for use by authorized vessels. (b) EQUIPMENT REPLACEMENT. If equipment associated with the Units needs to be replaced, the OLO shall pay for the equipment and ensure delivery to Provider. (c) RESPONSIBILITY FOR DISCHARGES AND SPILLS. In the event of an unauthorized discharge of oil from the Units into Texas coastal waters that is not caused by an act or omission of a third party, the OLO will be solely responsible for all clean-up and disposal costs associated with the spill. In the event of an unauthorized discharge of oil from the Units into Texas coastal waters caused by an act or omission of a third party, the OLO may designate the third party as the responsible party for the discharge. The OLO reserves GLO Contract No. 14-104-000-7994 Page 4 of 17 the right to designate Provider as the responsible party for an unauthorized discharge of oil unto Texas coastal waters caused by the gross negligence of an employee or contractor of Provider. 1.06 REPORTING REQUIREMENTS Provider shall prepare and submit to the GLO a quarterly report within 15 days of the end of each calendar quarter during the term of this agreement. The reports shall include, at a minimum, a record of each day that a discharge was made into the Units and an approximate volume of material discharged on that day by all vessels. Reports and records shall be in portable document. format (pdf.) and shall be submitted to greg.oollock@glo.texas.gov; and one (I) hard copy of each should be sent to the attention of Greg Pollock, GLO Oil Spill Division, PO BOX 12873, Austin, TX, 78711-2873, REMAINDER OF P AGE INTENTIONALLY LEFT BLANK GLO Contract No. 14-104-000-7994 Page 5 of 17 II. TERM 2.01 DURATION This Contract shall be effective as of the date executed by the last party and shall terminate on August 31, 2015. The GLO, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both parties. 2.02 EARLY TERMINATION Either party may terminate this Contract by giving written notice specitying a termination date at least thirty (30) days subsequent to the date of the notice. Upon receipt of any such notice, Provider shall cease work, undertake to terminate any relevant subcontracts, and incur no further expense related to this Contract. Such early termination shall be subject to the equitable settlement of the respective interests of the parties, accrued up to the date of termination. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 14-104-000-7994 Page 6 of 17 III. CONSIDERATION 3.01 CONSIDERATION For and in consideration of Provider's satisfactory performance under this Contract, the OLO shall pay Provider an amount not to exceed Two THOUSAND DOLLARS ($2,000.00) annually for the maintenance and operation of the Units, and for pumping oily bilge wastewater and used motor oil from vessels for the period from September I, 2013 through August 31, 2015. Payments shall be made by the OLO on August 31, 2014 and August 31, 2015. 3.02 REIMBURSEMENT OF EXPENSES The OLO shall reimburse Provider for actual costs incUlTed for miscellaneous equipment and supplies required for proper operation of the Units. Such expenditures by Provider must be approved by the OLO Project Manager and be submitted in conformance with this SECTION 3.02. Requests for reimbursement must: (a) be submitted to vendol'invoices@glo.texas.gOV; (b) be supported by documentation that, in the judgment of the OLO, allows for full substantiation of the costs incurred; and (c) prominently display "OLO Contract No. 14-104-000-7994." Failure to include this information may significantly delay reimbursement under the Contract. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK GLO Contract No. 14-104-000-7994 Page 7 of 17 IV. PROVIDER'S WARRANTY, AFFIRMATIONS, AND ASSURANCES 4.01 PERFORMANCE WARRANTY Provider warrants that all services performed under this Contract will be performed in a manner consistent with a degree of care and skill ordinarily exercised by members of the same profession currently practicing umder similar circumstances. Provider warrants that all.work product ("Deliverables") under this Contract shall be completed in a manner consistent with standards in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the incorporated Attachments (if any); and shall be fit for ordinary use, of good quality, and with no material defects. If Provider fails to provide Deliverables timely or to perform satisfactorily under conditions required by this Contract, the GLO may require Provider, at its sole expense, to (a) repair or replace all defective or damaged Deliverables; (b) refund any payment received for all defective or damaged Deliverables and, in conjunction therewith, require Provider to accept the return of such Deliverables; and/or ( c) take necessary action to ensure that future performance and Deliverables conform to the Contract requirements. 4.02 GENERAL AFFIRMATIONS To the extent that they are applicable, Provider further certifies that the General Affirmations in Attachment A have been reviewed, and that Provider is in compliance with each of the requirements reflected therein. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK GLO Contract No. 14-104-000-7994 Page 8 of 17 V. STATE FUNDING 5.01 STATE FUNDING (a) This Contract shall not be construed as creating any debt on behalf of the State of Texas ancl/or the GLO in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement oftheir respective interests, accrued up to the date of termination. (b) Furthermore, any claim by Provider for damages under this Contract may not exceed the amount of funds appropriated for payment, but not yet paid to Provider, under the annual budget in effect at the time of the breach. Nothing in this provision shall be construed as a waiver of sovereign immunity. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK GLO Contract No. 14-104-000-7994 Poge 9 of 17 VI. OWNERSHIP 6.01 OWNERSHIP AND THIRD PARTY RELIANCE (a) The GLO shall own, and Provider hereby assigns to the GLO, all right, title, and interest in all services to be performed; all goods to be delivered; and/or all other related work product prepared, or in the course of preparation, by Provider (or its subcontractors) pursuant to this Contract, together with all related worldwide intellectual property rights of any kind or character (collectively, the "Work Product"). Under no circumstance will any license fee, royalty, or other consideration not specified in this Contract be due to Provider for the assignment of the Work Product to the GLO or for the GLO's use and quiet enjoyment of the Work Product in perpetuity. Provider shall promptly submit all Work Product to the GLO upon request or upon completion, termination, or cancellation of this Contract for any reason, including all copies in any form or medium. (b) Provider and the GLO shall not use, willingly allow, or cause such Work Product to be used for any purpose other than performance of Provider's obligations under this Contract without the prior written consent of either party. Work Product is for the exclusive use and benefit of, and may be relied upon only by the parties. Prior to distributing any Work Product to any third party, the parties shall advise such third parties that if it relies upon or uses such Work Product, it does so entirely at its own risk without liability to Provider or the GLO. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 14-104-000-7994 Page 10 oft7 VII. RECORDS, AUDIT, PROPRIETARY INFORMATION AND PUBLIC DISCLOSURE 7.01 BOOKS AND RECORDS Provider shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federalmles, regulations, and statutes. 7.02 INSPECTION AND AUDIT (a) Provider agrees that all relevant records related to this Contract and any Work Product produced in relation to this Contract, including the records and Work Product of its Subcontractors, shall be subject to the Administrative and Audit Regulations. Accordingly, such records and Work Product shall be subject, at any time, to inspection, examination, audit, and copying at any location where such records and Work Product may be found, with or without notice from the GLO or other government entity with necessary legal authority. Provider agrees to cooperate fully with any state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. Provider will ensure that this clause concerning state entities' authority to inspect, examine, audit, and copy records and Work Product and the requirement to fully cooperate with the state entities is included in any subcontract it awards. (b) Provider understands that acceptance of state funds under this Contract acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Provider further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Provider will ensure that this clause concerning the State Auditor's Office's authority to audit state funds and the requirement to fully cooperate with the State Auditor's Office is included in any subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Provider relating to the Contract for any purpose. 7.03 PERIOD OF RETENTION All records relevant to this Contract shall be retained for a minimum of four (4) years. The period of retention begins at the date of final payment by the GLO for the goods or services or from the date of termination of the Contract, whichever is GLO Contract No. 14-104-000-7994 Page 11 oft7 later. The period of retention shall be extended for a period reasonably necessary to complete an audit and/or to complete any administrative proceeding or litigation that may ensue. 7.04 CONFIDENTIALITY To the extent permitted by law, Provider and the OLO agree to keep all information confidential, in whatever form produced, prepared, observed, or received by Provider or the OLO to the extent that such information is: (a) confidential by law; (b) marked or designated "confidential" (or words to that effect) by Provider or the OLO; or (c) information that Provider or the OLO is otherwise required to keep confidential by this Contract. Furthermore, Provider will not advertise that it is doing business with the OLO, use this Contract as a marketing or sales tool, or make any press releases concerning work under this Contract without the prior written consent ofthe OLO. 7.05 PUBLIC RECORDS Pursuant to the Public Information Act ("PIA"), records received from Provider may be open to public inspection and copying. The OLO will have the duty to disclose such records, unless a particular record is made confidential by law or excepted from the PIA. Provider may clearly label any individual records as a "trade secret," provided that Provider thereby agrees to indemnify and defend the OLO for honoring such designation. The failure to so label any record shall constitute a complete waiver of any and all claims for damages caused by release of the records. If a request for a labeled record is received by the OLO, the OLO will notify Provider ofthe request in accordance with the PIA. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK GLO Contract No. 14-104-000-7994 Page 12 of 17 VIII. MISCELLANEOUS PROVISIONS 8.01 INSURANCE Provider shall acquire, for the duration of this Contract, insurance and/or bonds, with financially sound and reputable independent insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry. Provider may be requested to submit evidence of insurance as required under this Contract, including (if requested) a schedule of coverage (or "underwriter's schedules") establishing to the satisfaction of the GLO the nature and extent of coverage granted by each such policy. In the event that any policy is determined to be deficient to comply with the terms of this Contract, Provider shall secure such additional policies or coverage as the GLO may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Provider must produce renewal certificates for each type of coverage. 8.02 LEGAL OBLIGATIONS Provider shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, pelmit, qualification or certification required by statute, ordinance, law, or regulation to be held by Provider to provide the goods or services required by this Contract. Provider will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Provider agrees to be responsible for payment of any such government obligations not paid by its subcontractors during performance of this Contract. 8.03 INDEMNITY As GOVERNMENTAL ENTITIES AND AS REQUIRED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, EACH PARTY UNDERSTANDS THAT THEY ARE LIABLE FOR ANY PERSONAL INJURIES, PROPERTY DAMAGE, OR DEATH RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTY. IN THE EVENT THAT THE GLO IS NAMED AS A PARTY DEFENDANT IN ANY LITIGATION ARISING OUT OF ALLEGATIONS OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM THE ACTS OR OMISSIONS OF PROVIDER, AND FOR WHICH THE GLO IS LIABLE, IF AT ALL, ONLY THROUGH THE VICARIOUS LIABILITY OF PROVIDER, THEN, IN SUCH EVENT, PROVIDER AGREES THAT IT WILL PAY, ON BEHALF OF THE GLO, ALL COSTS AND EXPENSES OF LITIGATION (INCLUDING ANY COURT COSTS, REASONABLE ATTORNEYS' FEES, FEES OF ATTORNEYS APPROVED BY THE OFFICE OF THE TEXAS ATTORNEY GENERAL) AS WELL AS ALL AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM, ACTION, OR SUIT, INCLUDING JUDGMENT OR VERDICT, ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT. IN THE EVENT THAT PROVIDER IS NAMED AS A PARTY DEFENDANT IN ANY LITIGATION SEEKING ANY DAMAGES FOR ANY PROPERTY GLO Contract No. 14-104-000-7994 Page 13 ofl7 DAMAGE, PERSONAL INJURY, OR DEATH RESULTING OUT OF THE GLO's ACTIONS OR OMISSIONS, AND PROVIDER'S SOLE LIABILITY, IF ANY, [S ONLY V[CARIOUSLY THROUGH THE GLO, THEN, [N SUCH EVENT, THE GLO AGREES TO PAY ANY AND ALL CLAIMS, DEMANDS, OR LOSSES, INCLUDING EXPENSES OF LITIGATION (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) [NCURRED BY PROVIDER, [NCLUDING ANY VERDICTS OR JUDGMENTS OR AMOUNTS PAID [N SETTLEMENT OF ANY CLAIM ARISING OUT OF, OR IN CONNECTION WITH THIS CONTRACT. ANY ATTORNEYS RETAINED BY PROVIDER TO REPRESENT ANY [NTEREST OF THE GLO MUST BE APPROVED BY THE GLO AND BY THE OFFICE OF THE TEXAS ATTORNEY GENERAL. ANY ATTORNEYS RETAINED BY THE GLO TO REPRESENT THE [NTEREST OF PROVIDER MUST BE APPROVED BY PROVIDER. 8.04 ASSIGNMENT AND SUBCONTRACTS Provider shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract without the prior written consent of the OLO. Notwithstanding this provision, it is mutually understood and agreed that Provider may subcontract with others for some or all of the services to be performed. In any approved subcontracts, Provider shall legally bind such subcontractor to perform and make such subcontractor subject to all the duties, requirements, and obligations of Provider as specified in this Contract. Nothing in this Contract shall be construed to relieve Provider of the responsibility for ensuring that the goods delivered and/or the services rendered by Provider and/or any of its subcontractors comply with all the terms and provisions of this Contract. Provider will provide written notification to the OLO of any such subcontractor performing fifteen percent (15%) or more of the work under this Contract, including the name and taxpayer identification number of subcontractor, the task(s) being performed, and the number of subcontractor employees expected to work on the task. 8.05 HISTORICALLY UNDERUTILlZED BUSINESSES (HUBs) / MENTOR PROTEGE (a) In accordance with State law, it is the OLO's policy to assist HUBs whenever possible, to participate in providing goods and services to the agency. The OLO encourages those parties with whom it contracts for the provision of goods and services to adhere to this same philosophy in selecting subcontractors to assist in fulfilling their obligations with the OLO. In addition to information required by this Contract, the contracting party will provide the procurement department of the OLO with pertinent details of any participation by a HUB in fulfilling the duties and obligations arising hereunder. (b) The OLO encourages the parties it contracts with to partner with certified HUBs that participate in the Comptroller's Mentor Protege Program. GLO Contract No. 14-104-000-7994 Page 14 ofl7 8.06 RELATIONSHIP OF THE PARTIES Provider is associated with the GLO only for the purposes and to the extent specified in this Contract, and, in respect to Provider's performance pursuant to this Contract, Provider is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer-el11ployee or principal-agent, or to otherwise create for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Provider or any other party. Provider shall be solely responsible for, and the GLO shall have no obligation with respect to: (a) withholding of income taxes, FICA, or any other taxes or fees; (b) industrial or workers' compensation insurance coverage; (c) participation in any group insurance plans available to employees of the State of Texas; (d) participation or contributions by the State to the State Employees Retirement System; (e) accumulation of vacation leave or sick leave; or (f) unemployment compensation coverage provided by the State: 8.07 COMPLIANCE WITH OTHER LAWS In the performance of this Contract, Provider shall comply with all applicable federal, state, and local laws, ordinances, and regulations. Provider shall make itself familiar with and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations that in any manner affect performance under this Contract. Provider will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. 8.08 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: GLO Texas General Land Office 1700 N. Congress Avenue, Room 910 Austin, TX 7870 I Attention: Legal Services Division GLO Contract No. 14-104-000-7994 Page 15 oft7 Provider Calhoun County Precinct No.4 l04 East Dallas Seadrift, Texas 77983 Attention: April Townsend Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may change its address for notice by written notice to the other party as herein provided, 8.09 GOVERNING LAW AND VENUE This Contract and the rights anq obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Provider irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 8.10 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable, 8.11 FORCE MAJEURE Except with respect to the obligation of payments under this Contract, if either of the parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, lUle, or regulation of governmental authority; or similar events that are beyond the control of the affected party (collectively referred to as a "Force M1\ieure"), then, while so prevented, the affected party's obligation to comply with such covenant shall be suspended, and the affected party shall not be liable for damages for failure to comply with such covenant. In any such event, the patty claiming Force Majeure shall promptly notify the other party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The party claiming Force M1\ieure shall exercise due diligence to prevent, eliminate, or overcome such Force M1\ieure event where it is possible to do so and shall resume perfOlmance at the earliest possible date. GLO Contract No. 14-104-000-7994 Page 16 of 17 However, if non-performance continues for more than thirty (30) days, the GLO may terminate this Contract immediately upon written notification to Provider. 8.12 DISPUTE RESOLUTION If a contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision shall not apply to any matter with respect to which either party may make a decision within its respective sole discretion. 8.13 ENTIRE CONTRACT AND MODIFICATION This Contract, its integrated attachment( s), and any purchase order issued in conjunction with this Contract constitute the entire agreement of the parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in such attachment(s) and/or purchase order shaH be harmonized with this Contract to the extent possible. Unless such integrated attachment or purchase order specificaHy displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the terms of this Contract. 8.14 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. If the Contract is not executed by the GLO within thirty (30) days of execution by the other party, this Contract shall be null and void, 8.15 PROPER AUTHORITY Each party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Provider acknowledges that this Contract is effective for the period of time specified in the Contract. Any services performed by Provider before this Contract is effective or after it ceases to be effective are performed at the sole risk of Provider. SIGNATURE PAGE FOLLOWS GLO Contract No. 14-104-000-7994 Pagel7 of 17 SIGNATURE PAGE FOR GLO CONTRACT No. 14-104-000-7994 GENERAL LAND OFFICE CALHOUN COUNTY PRECINCT No.4 Larry 1. Laine, Chief Clerk} Deputy Land Commissioner Name: Title: Date of execution: <J&-tEGAL Date of execution: AGe GC ATTACHMENTS TO THIS CONTRACT: A TT ACHMENT A - GENERAL AFFIRMATIONS ATTACHMENT B - DECLARATION OF INSPECTION FORM ATTACHMENTS FOLLOW Attachment A Contract No. 14-104-000-7994 Page I of2 GENERAL AFFIRMATIONS Provider agrees without exception to the following affirmations: I. The Provider has not given, offered to give, nor intends to give at anytime hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract. 2. Pursuant to Title 10, Section 2155.004 of the Texas Government Code, the Provider has not received compensation from the GLO for preparing any part of this Contract. 3. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. Any Provider subject to this section must include names and Social Security numbers of each person with at least twenty-five percent (25%) ownership in the business entity named in this Contract. This information must be provided prior to execution of any offer. 4. Provider certifies that the individual or business entity named in this Contract: i) has not been subjected to suspension, debarment, or similar ineligibility to receive the specified contract as determined by any federal, state, or local governmental entity; ii) is in compliance with the State of Texas statutes and rules relating to procurement; and iii) is not listed on the federal government's terrorism watch list as described in executive order 13224. Entities ineligible for federal procurement are listed at htto://www.eols.gov. Provider aclmowledges that this contract may be terminated and payment withheld if this certification is inaccurate. 5. Provider agrees that any payments due under this Contract will be applied towards any debt, including, but not limited to, delinquent taxes and child support that is owed to the State of Texas. 6. Provider certifies that they are in compliance with Texas Government Code, Title 6, Subtitle B, Section 669.003, relating to contracting with the executive head of a state agency. If this section applies, Provider will complete the following information in order for the bid to be evaluated: Name of Former Executive: Name of State Agency: Date of Separation from State Agency: Position with Provider: Date of Employment with Provider: Attachment A Contract No. 14-104-000-7994 Page20f2 7. Provider agrees to comply with Texas Government Code, Title 10, Subtitle 0, Section 2155.4441, relating to the purchase of products produced in the State of Texas under service contracts. 8. Provider understands that acceptance of funds under this Contract acts as acceptance of the authority ofthe State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Provider further agrees to cooperate fully with the State Auditor's Office, or its successor, in conducting the audit or investigation, including providing all records requested, Provider will ensure that this clause is included in any subcontract it awards. 9. Provider certifies that if it employs any former employee of the OLO, such employee will perform no work in connection with this Contract during the twelve (12) month period immediately following the employee's last date of employment at the OLO. 10. The Provider shall not discriminate against any employee or applicant for employment because of race, disability, color, religion, sex, age, or national origin. The Provider shall take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, sex, religion, age, disability, or national origin. Such action shall include, but is not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post notices, which set forth the provisions of this non- discrimination article, in conspicuous places available to employees or applicants for employment. The Provider shall include the above provisions in all subcontracts pertaining to the work. II. Provider understands that the OLO does not tolerate any type of fraud. The agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Providers are expected to report any possible fraudulent or dishonest acts, waste, or abuse affecting any transaction with the GLO to the GLO's Internal Audit Director at 512.463.5338 or tracev.hall@glo.texas.gov NOTE: Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the "Public Information Act," Chapter 552 of the Texas Government Code. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK Attachment B GLO Conlracl No. 14-104-000-7994 Page 1 of 1 DECLARATION OF INSPECTION FOR BILGE WATER RECLAMATION FACILITY Location of Facility: Name I Number of Boat: Boat's Hailing Port or Company Estimated quantity of bilge material to be discharged: Date of Inspection: gallons. * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * *CHECKLIST * * * * ** * * * * * * * * * * * * * * * * ** * * * * * * * ** ** * * * * * * o 1. The boat's responsible person has registered satisfactorily with this office. o 2. The Bilge Water Reclamation Facility has been inspected and found to be operational and ready for a bilge transfer. o 3. Mooring lines are adequate and properly adjusted for the conditions. o 4. The boat's bilge water pump hose appears to be of adequate length and in good condition - suitable for a safe transfer. o 5. Catchment basin at the Pickup Point is clean and free of water and oil. o 6. Communications are adequate for this transfer, and a common language has been established between the boat's crew and the facility operator. o 7. There is a Qualified Person in charge on the boat handling the bilge hose. This person has been briefed on emergency shutdown procedures, specifically, and the facility's operations in general, to the degree that he understands what to do and what not to do. o 8. There are rags, pads, or other oil sorbents on hand to control drips and residue at the transfer hose opening. o 9. Determine to the best of your ability that there is NO ANTI-FREEZE OR OTHER HAZARDOUS MATERIAL contained in the bilge water to be discharged. o 10. If in doubt about the contents of the bilge water, draw a sample and label it, in plain sight of the vessel's crew, before you accept the discharge. Facility Person in Charge -- I have checked all items on the checklist and have found them to be adequate at the time of inspection: Signature: Date: The Vessel's Person in Charge - Printed Name: Acting as the Person in Charge of the vessel discharging bilge water into this facility, I SWEAR OR AFFIRM THAT THERE ARE NO HAZARDOUS MATERIALS, INCLUDING ANTI-FREEZE, CONTAINED IN THE DISCHARGED MATERIAL. I acknowledge that a sample may be taken for analysis to confirm this statement. Signature: Date: 2014 UNITED HEALTH CARE RENEWAL RETIREE MEDICAL BENEFITS AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve the 2014 United Healthcare Renewal Retiree Medical Benefits and authorize Judge Pfeifer to sign. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. II ("F' <.'< I' '-'-'6-'" I ch~i~~", Texas Association of Counties Retiree Medical Program UnitedHealthcare 2014 Renewal Notice and Benefit Confirmation Group: 4439 - Calhoun County Anniversary Date: 1/01/2014 Return to T AC by: 09/16/2013 Please initial and compiete each section confirming your group's renewal. Fax to 1-512-481-8481 or email to melissal@county.org. RETIREE MEDICAL 2013 Rates: $210.93 2014 Rates: $210.93 -r<! Initial to accept New. Retiree Medical Rates. RETIREE RX 2013 Rates: $185.39 2014 Rates: $185.39 -Nf Initial to accept New Retiree RX Rates. BILLIING METHOD Direct Bill - Yhe Employer pays $0 premium. The bill is sent to the Retiree monthly. L Initial to accept Billing Method. . Rates effective from 1/1/2014 through 12/31/2014. . Signature on the following page is required to confirm and accept your group's renewal. 2014 CCS-UHC Direct Bill RNBC CountyChoice Silver UnitedHealthcare Member Contact Designations Contracting Authority: As specified in the Interlocal Participation Agreement, each Member hereby designates and appoints a Contracting Authority of department head rank or above and agrees that TAC HEBP shall NOT be required to contact or provide notices to ANY OTHER person. Further, any notice to, or agreement by, a Member's Contracting Authority, with respect to service or claims hereunder, shall be binding on the Member. Each Member reserves the right to change its Contracting Authority from time to time by giving written notice to TAC HEBP. Please comp~ ch category below: Name: Title: Address: Phone: Fax: Email: Primary Contac . Main contact for ,d~ily matt Name: ~ tl..-':J UJO~ s pertaining to the retiree benefits. Title: Address: Phone: Fax: Email: q- \;) -Jo13 Date ~\ldlOeij. v~uie r Please PRINT Name and Title CCS -UHC Member Contact Designation Form Direct Bill 8/2013 REVISE JOB DESCRIPTIONS FOR COUNTY AUDITOR'S OFFICE: A Motion was made by Commissioner Lyssy and seconded by Commissioner Galvan to approve the revising of Job Descriptions for County Auditor's Office. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. Calhoun County Job Description ASSISTANT COUNTY AUDITOR (PAYROLUPURCHASING) CLASS NO. 5007 EEOC CATEGORY: Office and Clerical PAY GROUP: 16 FLSASTATUS: Non-exempt SUMMARY OF POSITION Performs payroll and purchasing duties for County Auditor's office. ORGANIZATIONAL RELATIONSHIPS 1. Reports to: County Auditor. 2. Directs: This is a non-supervisory position. 3. Other: Has frequent contact with county personnel and the general public. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Reconciles annual payroll and issues IRS Form W-2; Maintains vendor IRS Form W-9 information and issues IRS Form 1099; Reviews and schedules bids and proposal specifications; Attends bid openings and prepares tabulations; Performs purchasing duties for the County Auditor's office; Reviews and approves invoices lor county; Reviews and approves county hospital disbursements; Maintains CutTent knowledge of all statues, laws, and opinions relevant to the job; and Serves as safety representative for County Auditor's office, pelforming inspections and preparing reports. OTHER DUTIES AND RESPONSIBILITIES. PerfOlms such other related duties as may be assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES Knowledge of standard office and accounting policies, practices and procedures; state financial statues; and county financial operations and policies. Skill/Ability to: operate computer, including word processing and spreadsheet software; read legal documents, financial statements, letters, and memos; communicate effectively, both orally and in Calhoun County Job Description Page 1 CLASS NO. 5007 (Continued) writing; intelpret policies and procedures; perform basic mathematical operations; and establish and maintain effective working relationships with co-workers and the general public. ACCEPTABLE EXPERIENCE AND TRAINING Bachelor's degree in Accounting, or a related field, plus at least two years experience in payroll and purchasing. CERTIFICATES AND LICENSES REQUIRED Appropriate 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 cUlTent employees to discuss potential accommodations with employer. Calhoun County Job Description Page 2 CLASS NO. 5007 (Continued) ADA Information This attachment provides i'1formation on the job relating to the Americans with Disabilities Act. FREQUENCY DEFINITIONS The following fi'equency 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 213 of the time) Occasionally (up to l/3 of the time) Rarely (less than one hour per week) Not Applicable (does not apply in this job) PHYSICAL ENVIRONMENT Descriptive examples of physical job actions (please use the letter cOlTesponding to the appropriate frequency): Requirement Frequency . Example . Lifting (specify weight): 0-10# 0 Moving boxes Sitting: C Desk work Standing: 0 Clerical duties Walking, on nOlmal, flat surfaces: C Walking, on uneven smfaces: R Walking, on slippery surfaces: R Driving: N Bending (from waist): 0 Crouching/Squatting: 0 Kneeling: 0 Crawling: N Twisting: 0 Reaching: 0 Balancing: N Carrying: 0 Pushing: N Pulling: 0 Throwing: N Repetitive Motion: C Operating computer and typing Fingering (fine dexterity, picking, pinching): N Handling (seizing, holding, grasping): N Wrist Motions (repetitive flexion/rotation): N Feet (foot pedals): N Calhoun County Job Description Page 3 CLASS NO. 5007 (Continued) SENSORY REQUIREMENTS Descriptive examples of sensory demands (please use the letter corresponding to the appropriate frequency): Sensory Demand Freqneney Color (perceive/discriminate) C Sound (perceive/discriminate) C Taste (perceive/discriminate) N Odor (perceive/discriminate) N Depth (perceive/discriminate) C Texture (perceive/discriminate) N Visual (perceive/discriminate) C Oral Communications ability C NON-PHYSICAL ENVIRONMENT Descriptive examples of non-physical demands (please use the letter corresponding to the appropriate frequency): Non-Physical Demand ... Frequency Time Pressures (e.g., meeting deadlines) C Noisy/Distracting Environment R Pe.fotming Multiple Tasks Simultaneously F Danger/Physical Abuse N Deals With Difficult People 0 Periods ofldle time, Interspersed with Emergencies Requiring Intense Concentration R Emergency Situations 0 Tedious, Exacting Work C Works Closely with Others as Pmt of a Team R Works Alone C Irregular Schedule/Overtime R Frequent Change of Tasks F Other (describe) WORK ENVIRONMENT l. Please describe 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 injmy or illness (if any): Light physical activity. 2. Please list your job exposure to environmental factors (if any), including extreme temperatures, respiratory hazards, airborne diseases, vibrations, loud noises, or other sources of discomfort: None. Calhoun County Job Description Page 4 Calhoun County Job Description ASSISTANT COUNTY AUDITOR (COMPLIANCE) CLASS NO. 5006 EEOC CATEGORY: Professionals PAY GROUP: 19 FLSA STATUS: Exempt SUMMARY OF POSITION Performs compliance audits of all county depmtments; maintains fixed asset records. ORGANIZATIONAL RELATIONSHIPS 1. Reports to: County Auditor. 2. Directs: This is a non-supervisory position. 3. Other: Has frequent contact with county personnel and the general public. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Pelforms and prepares quarterly reports of compliance audits of all county departments; Monitors grants for compliance, maintains grant records and prepares reports to grant agencies; Reviews and approves collection and disbursement reports for all county departments; Maintains current knowledge of all statutes, rules, and Attorney General opinions governing audits; Maintains fixed asset records and produces annual repOlt; Assists county personnel with software questions; Completes quarterly cash counts of all county departments that collect money; Designs and updates audit programs of all county departments; and Pelforms celtain duties of Assistant Auditor in his or her absence. OTHER DUTIES AND RESPONSIBILITIES. Performs such other related duties as may be assigned. REQUIRED KNOWLEDGE, SKILLS. AND ABILITIES Knowledge of standard office and accounting policies, practices and procedures; state financial statues; and county financial operations and policies. Skill/Ability to: operate computer, including word processing and spreadsheet software; read legal documents, financial statements, letters, and memos; communicate effectively, both orally and in writing; interpret policies and procedures; perform basic mathematical operations and analytical Calhoun County Job Description Page 1 CLASS NO. 5006 (Continued) functions; and establish and maintain effective working relationships with co-workers and the general public. ACCEPTABLE EXPERIENCE AND TRAINING Bachelor's degree in Accounting, or a related field, plus at least two years experience in auditing and accounting. CERTIFICATES AND LICENSES PREFERRED Certified Public Accountant's license, and appropriate 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. Calhoun County Job Description Page 2 CLASS NO. 5006 (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 ofthe time) Occasionally (up to 1/3 of the time) Rarely (less than one hour per week) Not Applicable (does not apply in this job) PHYSICAL ENVIRONMENT Descriptive examples of physical job actions (please use the letter corresponding to the appropriate frequency): Requirement . . Frequency Example Lifting (specify weight): 0-10# R Moving boxes Sitting: F Desk work Standing: R Walking, on nOlmal, flat surfaces: 0 Walking, on uneven surfaces: N Walking, on slippery smfaces: N Driving: 0 Business errands Bending (from waist): N Crouching/Squatting: N Kneeling: R Retrieving files Crawling: N Twisting: N Reaching: 0 Balancing: N Carrying: 0 Moving file boxes Pushing: N Pulling: N Throwing: N Repetitive Motion: F Operating computer and typing Fingering (fine dexterity, picking, pinching): N Handling (seizing, holding, grasping): N Wrist Motions (repetitive flexion/rotation): N Feet (foot pedals): N Calhoun County Job Description Page 3 CLASS NO. 5006 (Continued) SENSORY REQUIREMENTS Descriptive examples of sensory demands (please use the letter corresponding to the appropriate frequency): Sensory Demand Freqnency Color (perceive/discriminate) N Sound (perceive/discriminate) N Taste (perceive/discriminate) N Odor (perceive/discriminate) N Depth (perceive/discriminate) N Texture (perceive/discriminate) N Visual (perceive/discriminate) N Oral Communications ability C NON-PHYSICAL ENVIRONMENT DesCliptive examples of non-physical demands (please use the letter corresponding to the appropriate frequency): Non-Physical Demand Frequency Time Pressures (e.g., meeting deadlines) F Noisy/Distracting Environment C Performing Multiple Tasks Simultaneously F Danger/Physical Abuse N Deals With Difficult People F Periods ofIdle time, Interspersed with Emergencies Requiring Intense Concentration R Emergency Situations R Tedious, Exacting Work C Works Closely with Others as Part of a Team 0 Works Alone F Irregular SchedulelOvertime N Frequent Change of Tasks F Other (describe) WORK ENVIRONMENT l. Please describe the degree of physical activity and effOlt required to perform your job, as well as any associated safety hazards and the level of risk of personal injury or illness (if any): Light physical activity. 2. Please list your job exposure to environmental factors (if any), including extreme temperatures, respiratory hazards, airborne diseases, vibrations, loud noises, or other sources of discomfort: None. Calhoun County Job Description Page 4 Calhoun County Job Description FIRST ASSISTANT COUNTY AUDITOR CLASS NO. 5002 EEOC CATEGORY: Professional PAY GROUP: 24 FLSA STATUS: Exempt SUMMARY OF POSITION Maintains accounting system, including closing books and preparation of financial statement; acts as County Auditor in County Auditor's absence. ORGANIZATIONAL RELATIONSHIPS I. Reports to: County Auditor. 2. Directs: This is a non-supervisory position. 3. Other: Has frequent contact with other state and local agencies, vendors, county personnel, and the general public. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Maintains county's general ledger, including initiating and posting ledger entries and reconciling accounting balances; Maintains accounting records and reporting for capital projects, grants, and other subsidiary records; Approves county disbursements for compliance with state statutes; Keeps property and liability insurance records for county; Prepares and posts required budget amendments to budget records; Assists County Auditor in responding to inquiries concerning accounting and financial condition, capital projects, bonded indebtedness, or purchasing matters; Assists as needed in annual audits; Assists County Auditor as needed in selecting, implementing and maintaining the county's accounting system; and Acts as County Auditor in County Auditor's absence. OTHER DUTIES AND RESPONSIBILITIES. Performs such other related duties as may be assigned. Calhoun County Job Description Page 1 CLASS NO. 5002 (Continued) REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES Knowledge of standard office practices and procedures; accounting principles (particularly fund accounting theory); and county and state government policies and procedures. Skill/Ability to: operate computer, including word processing and spreadsheet software; read and interpret laws, manuals, contracts, grant requirements and other documents; perform mathematical and statistical functions; cornmunicate effectively, both orally and in writing; interpret policies and procedures; and establish and maintain effective working relationships with co-workers and the general public. ACCEPTABLE EXPERIENCE AND TRAINING Bachelor's degree in Accounting, or related field, plus four years of governmental accounting experience; or any equivalent combination of experience and training which provides the required knowledge, skills, and abilities. CERTIFICATES AND LICENSES PREFERRED Certified Public Accountant's license, and appropriate 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 CUlTent employees to discuss potential accommodations with employer. Calhoun County Job Description Page 2 CLASS NO. 5002 (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 ofthis fotm: C F o R N Constantly (2/3 or more of the time) Frequently (from 1/3 to 213 of the time) Occasionally (up to 1/3 ofthe time) Rarely (less than one hour per week) Not Applicable (does not apply in this job) PHYSICAL ENVIRONMENT Descriptive examples of physical job actions (please use the letter corresponding to the appropriate frequency): .. Requirement Frequency Example Lifting (specify weight): 20# R Lifting file boxes Sitting: F Operating computer Standing: 0 Copying and faxing documents Walking, on nonnal, flat surfaces: 0 Moving between desk, copier, computer, storage Walking, on uneven surfaces: R Errands at courthouse Walking, on slippety surfaces: N Driving: R Purchase office supplies Bending (from waist): 0 Filing documents Crouching/Squatting: 0 Filing documents Kneeling: N Crawling: N Twisting: N Reaching: R Moving files Balancing: N Carrying: R Moving files Pushing: N Pulling: N Throwing: N Repetitive Motion: C Operating computer, typing Fingering (fine dexterity, picking, pinching): N Handling (seizing, holding, grasping): C Computer mouse Wrist Motions (repetitive flexion/rotation): C Operating compnter, calculator, hole punch Feet (foot pedals): N Calhoun County Job Description Page 3 CLASS NO. 5002 (Continued) SENSORY REQUIREMENTS Descriptive examples of sensory demands (please use the letter corresponding to the appropriate frequency): Sensory Demand . . Freqnel!cy Color (perceive/discriminate) F Sound (perceive/discriminate) C Taste (perceive/discriminate) N Odor (perceive/discriminate) N Depth (perceive/discriminate) 0 Texture (perceive/discriminate) N Visual (perceive/discriminate) C Oral Communications ability C NON-PHYSICAL ENVIRONMENT Descriptive examples of non-physical demands (please use the letter corresponding to the appropriate frequency): Non-Physical Demand . Frequency Time Pressures (e.g., meeting deadlines) C Noisy/Distracting Environment R Performing Multiple Tasks Simultaneously F Danger/Physical Abuse N Deals With Difficult People R Periods ofIdle time, Interspersed with Emergencies Requiring Intense Concentration N Emergency Situations N Tedious, Exacting Work R Works Closely with Others as Part ofa Team R Works Alone C h"l'egular Schedule/Ovettime R Frequent Change of Tasks 0 Other (describe) .N WORK ENVIRONMENT I. Please describe 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 01' illness (if any): Light physical activity. 2. Please list your job exposure to environmental factors (if any), including extreme temperatures, respiratory hazards, airborne diseases, vibrations, loud noises, or other sources of discomfOlt: None. Calhoun County Job Description Page 4 Calhoun County Job Description COUNTY AUDITOR CLASS NO. 5001 EEOC CATEGORY: Officials and Managers PAY GROUP: 30 FLSA STATUS: Exempt SUMMARY OF POSITION Maintains compliance of all county employees with state statutes concerning finance; controls financial and accounting matters; prepares informative repOlls for county officials and citizens. ORGANIZATIONAL RELATIONSHIPS I. Reports to: District Judges. 2. Directs: First Assistant County Auditor, Assistant County Auditor (Compliance), and Assistant County Auditor (Payroll/Purchasing). 3. Other: Has frequent contact with other state and local agencies, vendors, county personnel, and the general public. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Supervises department personnel, including assigning and reviewing work, instructing, completing perfOlmance reviews, hiring, transferring, promoting, disciplining, wage increases, and dismissing; Oversees audits of county departments; Confers with County Judge and Commissioners, as required; Administers county budget as approved by Commissioners Court; Assists County Judge in preparation of budget; Examines and approves all claims, bills, and accounts against the county before submission to Commissioners COUll for approval; Performs financial data processing management functions; Attends Commissioners Court meetings conceming county [mances; Enforces statutes concerning county finances; Prescribes system of accounting; Determines time and manner of reports; Reviews all bids and proposals prior to advetlising; and Calhoun County Job Description Page 1 CLASS NO. 5001 (Continued) Prepares county's five-year financial plan. OTHER DUTIES AND RESPONSIBILITIES. Performs such other related duties as may be assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES Knowledge of standard office practices and procedures; principles of supervisory management; personnel practices and procedures; generally accepted accounting principles, and county and state government policies and procedures. Skill/Ability to: operate computer, including word processing, database, and spreadsheet software; read and interpret law, manuals, contracts, grant requirements, and other documents; perform mathematical and statistical functions; communicate effectively, both orally and in writing; interpret policies and procedures; and establish and maintain effective working relationships with co-workers and the general public. ACCEPTABLE EXPERIENCE AND TRAINING Bachelor's degree in Accounting, or a related field, pins four years of accounting experience including two years supervising governmental accounting personnel; or any equivalent combination of experience and training which provides the required knowledge, skills, and abilities. CERTIFICATES AND LICENSES PREFERRED Certified Public Accountant (CPA) license, and appropriate 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. Calhoun County Job Description Page 2 CLASS NO. 5001 (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 ofthe time) Frequently (from 1/3 to 2/3 ofthe time) Occasionally (up to 1/3 of the time) Rarely (less than one hour pel' week) Not Applicable (does not apply in this job) PHYSICAL ENVIRONMENT Descriptive examples of physical job actions (please use the letter corresponding to the appropriate frequency): R.equirement Frequeucy E~aU1ple Lifting (specify weight): 20# R Computers, paper, office supplies Sitting: C Operating computer Standing: 0 Staff meeting, oral presentations Walking, on normal, flat smfaces: 0 Moving between desk, copier, computer, storage Walking, on uneven surfaces: R To meetings Walking, on slippelY surfaces: R To meetings Driving: R To county offices and educational courses Bending (from waist): 0 Crouching/Squatting: 0 Kneeling: N Crawling: N Twisting: N Reaching: R Balancing: N Carrying: R Computers, paper, office supplies Pushing: 0 Pulling: 0 Throwing: N Repetitive Motion: F Operating computer Fingering (fine dexterity, picking, pinching): R Handling (seizing, holding, grasping): F Computer mouse Wrist Motions (repetitive flexion/rotation): F Operating computer Feet (foot pedals): R Driving Calhoun County Job Description Page 3 CLASS NO. 5001 (Continued) SENSORY REQUIREMENTS Descriptive examples of sensOlY demands (please use the letter corresponding to the appropriate frequency): Sensory Demand Frequency Color (perceive/discriminate) F Sound (perceive/discriminate) N Taste (perceive/discriminate) N Odor (perceive/discriminate) N Depth (perceive/discriminate) N Texture (perceive/discriminate) N Visual (perceive/discriminate) F Oral Communications ability F NON-PHYSICAL ENVIRONMENT Descriptive examples of non-physical demands (please use the letter corresponding to the appropriate frequency): Non-Physical Demand Frequency Time Pressures (e.g., meeting deadlines) C Noisy/Distracting Environment N Pelforming Multiple Tasks Simultaneously C Danger/Physical Abuse N Deals With Difficult People F Periods ofldle time, Interspersed with Emergencies Requiring Intense Concentration N Emergency Situations N Tedious, Exacting Work C Works Closely with Others as Part of a Team F Works Alone F lnegular Schedule/Overtime C Frequent Change of Tasks C Other (describe) WORK ENVIRONMENT I. Please describe the degree of physical activity and effOlt required to perform your job, as well as any associated safety hazards and the level of risk of personal injury or illness (if any): Light physical activity. 2. Please list your job exposure to environmental factors (if any), including extreme temperatures, respiratory hazards, airborne diseases, vibrations, loud noises, or other sources of discomfort: None. Calhoun County Job Description Page 4 ENTER INTO OFFICIAL MINUTES SALARIES OF COUNTY AUDITOR AND ASSISTANT AUDITORS OF CALHOUN COUNTY FOR THE CALENDAR YEAR 2014: A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to enter into the Official Minutes the Salaries of County Auditor and Assistant Auditors of Calhoun County for the Calendar Year 2014. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. STATE OF TEXAS IN THE DISTRICT COURT OF COUNTY OF CALHOUN CALHOUN COUNTY, TEXAS WHEREAS, on August 16, 2013 at a public hearing held for the purpose of setting the salaries of the County Auditor and Assistants for fiscal year 2014, and for the purpose of approving the munber of assistants for the Auditor's Office for fiscal year 2014; and " "';~ WHEREAS, the following base salary amounts were approved for fiscal year 2014 at the close of the public hearing: County Auditor $ 61,126 First Assistant Auditor $ 46,587 Assistant Auditor $ 35,861 . Assistant Auditor $ 35,861 Assistant Auditor $ 35,861 Assistant Auditor $ 35,861 FURTHER, any fiscal year 2014 salary increases and longevity approved by Commissioners Court for County Officials and Employees are approved for the County Auditor and Assistant Auditors in like percent and amount and upgrades or reclassifications of job grades and/or clusters approved by Commissioners Court for other County Employees are approved for such like and similar jobs for assistant auditors and the filling of vacant positions and those becoming vacant are approved at the rates and levels consistent with personnel policies and guidelines adopted by Commissioners Court for other County Employees. We, the undersigned, being a majority of the District Judges of Calhoun County, Texas do hereby ratifY the approval action on August 16,2013 by the District Judges at the close of the public hearing held for the purpose of setting salaries and approving the number of assistants for the County Auditor's Office for fisqal year 2014. ;1A _. . . "r ~_ Marr, Judge, 24th Judicial District per Stephen Williams, Judge, 13Sth Judicial District ?-: ?;f) FILED ~! AT___O'CLOCKV-M CP~~o~ ~1~T CLERK, CALHOUN COUNTY, TEXAS /YC~ (~ Skipper K e er, Judge, 267th Judi.cial Distl"ict ENTER INTO OFFICIAL MINUTES SALARIES OF OFFICIAL COURT REPORTERS OF THE 135TH, 24TH AND 267TH JUDICIAL DISTRICTS AND ALTERNATE COURT REPORTER OF THE 24TH, 135TH AND 277TH JUDICIAL DISTRICTS FOR THE CALENDAR YEAR 2014: A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to enter into the Official Minutes Salaries of the Official Court Reporters of the 135th, 24th and 267'h Judicial Districts and Alternate Court Reporter of the 24th, 135th and 277th Judicial Districts for the Calendar Year 2014. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. , , ORDER On this the 16th day of August 2013, came on to be considered setting and allocating the salary of the Official Alternate Court Reporter ofthe 24th, 135th, and 377th Judicial District for the calendar year 2014, and the salary is hereby set at $71,573.00 for the year 2014, and in addition, the Official Alternate Court Reporter shall receive any longevity compensation to which she is entitled and is hereby allocated to the counties comprising the Judicial District in proportion to the population of the Judicial District according to the 2010 Census as follows: COUNTY PERCENT AMOUNT. Calhoun 13.62 9,748.00 DeWitt 12.81 9,169.00 Goliad 4.60 3,292.00 Jackson 8.97 6,420.00 Refugio 4.70 3,364.00 Victoria 55.30 39580.00 $71,573.00 This action was taken at a public hearing held on August 16th, 2013, in accordance with the provisions of Section 152.905 of the Local Government Code, as amended hereby. SIGNED TInS the It; 7'-- of August, 2013. ~er Stephen Williams, Judge 135 Judicial district Court a~c~ Robert C. Cheshire, Judge 377th Judicial District Court .::t,~ /' FIl.ED {I" ~__O'CLOCI<^ ;<ii O~~Z~1}~ ----'(J PNoIC[AMAHIiN t\i\KII;Kc;r-f~ 01STRlCT CLERK, CALHOUN COUNTY. TEXAS , , ORDER On this the 16th day of August, 2013, came on to be considered setting and allocating the salary of the Official Court Reporter of the 135th Judicial District for the calendar year 2014, and the salary is hereby set at $71,573.00 for the year 2014, and in addition, the Official Court Reporter shall receive any longevity compensation to which she is entitled and is hereby allocated to the counties comprising the Judicial District in proportion to the population of the Judicial District according to the 2010 Census as follows: COUNTY PERCENT AMOUNT Calhoun 13.62 9,748.00 DeWitt 12.81 9,169.00 Goliad 4.60 3,292.00 Jackson 8.97 6,420.00 Refugio 4.70 3,364.00 Victoria 55.30 39.580.00 $71,573.00 This action was taken at a public hearing held in accordance with the provisions of Section 152.905 of the Local Government Code. SIGNED THIS the 1,G'p- of August, 2013. per Stephen Williams, Judge 35tli Judicial District Court a , rrfJ ( , FILED AT__ O'CLOCK~M ~~O!3 ~.lElAMAIlIINHAHlGj{U~ DISTRICT CLERK, CAlHOUN COUNTY, TEXAS ORDER On this the 16th day of August, 2013, came on to be considered setting and allocating the salary of the Official Court Reporter of the 24th Judicial District for the calendar year 2014, and the salary is hereby set at $71,573.00 for the year 2014, and in addition, the Official Court Reporter shall receive any longevity compensation to which she is entitled and is hereby allocated to the counties comprising the Judicial District in proportion to the population of the Judicial District according to the 2010 Census as follows: COUNTY PERCENT AMOUNT Calhoun 13.62 9,748.00 De Witt 12.81 9,169.00 Goliad 4.60 3,292.00 Jackson 8.97 6,420.00 Refugio 4.70 3,364.00 Victoria 55.30 39580.00 $71,573.00 This action was taken at a public hearing held in accordance with the provisions of Section 152.905 of the Local Government Code. SIGNED THIS the / &7/... of August, 2013. !1 ~ I-A../. J1/\ ~ ~ck M. Marr 24th Judicial District Court a 'aD { . I'ILED AC_ O'Cl.OCK_~M n f.lUG2'l2~3 -a~~n..- . . PAMtlAMAAlllhWir '. av. 'JISTRICT CLERK, CAlHOUN COUNTY. T XAS ORDER On this the 16th day of August, 2013, came on to be considered setting and allocating the salary of the Official Court Reporter of the 267th Judicial District for the calendar year 2014, and the salary is hereby set at $71,573.00 for the year 2014, and in addition, the Official Court Reporter shall receive any longevity compensation to which she is entitled and is hereby allocated to the counties comprising the Judicial District in proportion to the population of the Judicial District according to the 2010 Censns as follows: COUNTY PERCENT AMOUNT Calhoun 13.62 9,748.00 DeWitt 12.81 9,169.00 Goliad 4.60 3,292.00 Jackson 8.97 6,420.00 Refugio 4.70 3,364.00 Victoria 55.30 39,580.00 $71,573.00 This action was taken at a public hearing held in accordance with the provisions of Section 152.905 of the Local Government Code. SIGNED THIS the c1 / r Skippe Ko , Judge 267lli Judicial District Court 1'erD . ' FILED 1\1'___0'GlOCK.l:t_M .td AUG 2 7 20& ___ p~~G~ft{~ :JISTRlCT CLERK, CAlHOUN COUNTY, TEI(J~ REQUEST BY CALHOUN COUNTY SHERIFF'S DEPARTMENT TO RETIRE CANINE NICK DUE TO MEDICAL REASONS. NICK WAS EVALUATED BY THE GLOBAL TRAINING ACADEMY: A Motion was made by Judge Pfeifer and seconded by Commissioner Finster to approve the request made by Calhoun County Sheriff's Department to retire Canine Nick due to medical reasons. Nick was evaluated by the Global Training Academy. The Sheriff's Department stated that Nick's handler is willing to take him. Commissioners Gaivan, Lyssy, Finster and Judge Pfeifer all voted in favor. PUBLIC HEARING ON PROPOSED TAX RATE WHICH WILL INCREASE TOTAL TAX REVENUES FROM PROPERTIES ON THE TAX ROLL IN THE PRECEDING TAX YEAR BY 0.719424%: Judge Pfeifer opened the Public Hearing regarding the proposed tax rate which will increase totai tax revenues from properties on the tax roll in the preceding tax year by 0.719424% at 10:30 a.m. There were no public comments. Judge Pfeifer closed the Public Hearing at 10:31 a.m. COUNTY REPORTS: JP #3 and JP #5 presented their monthly reports for the month of August 2013 and the Tax Assessor/Collector presented her monthly report for the month of July 2013 and after reading and verifying same, a Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to accept said reports as presented. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer ali voted in favor. 09/04/2013 Money Distribution Report JUDGE GARY W. NOSKA JP3, AUGUST 13 MONTHLY REPORT The folLowing totals represent - Cash and Checks Collected Type Code Description Count The following totals represent - Cash and Checks CoLlected COST CCC COST CHS COST CJOD COST eMI COST CVC COST DPSC COST FA COST IDf COST JCD COST JCPT COST JCSF COST JPAY COST JSf COST lAF COST SAf COST SUBC COST Tf COST TfC COST TIME COST WRNT fEES CI ff fEES CSRV fEES CVff fEES DOC fEES Off fEES EXRf fEES ffEE fEES JCMf fEES Sf fiNE DPSf fiNE FINE OPMT OPMT OTHR ABJF CONSOLIDATED COURT COSTS COURTHOUSE SECURITY CIVIL JUSTICE DATA REPOSITORY 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 REIMBURSEMENT fEE SHERIfF'S FEE DPS SUBT! TLE 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 JUVENILE CASE-MANAGER fEE SERVICE FEE DPS fTA fiNE fINE OVERPAYMENT ABSTRACT Of JUDGMENT PREPARATION fEE The foLlowing totals represent w Transfers CoLlected Money Totals COST eee COST CHS casT CJDD COST eM I COST CVC COST DPSC COST fA COST IDf COST JCD CONSOLIDATED COURT COSTS COURTHOUSE SECURITY CIVIL JUSTICE DATA REPOSITORY fEE CORRECTIONAL MANAGEMENT INSTITUTE COMPENSATION TO VICTIMS Of CRIME OMNI FUGITIVE APPREHENSION INDIGENT DEFENSE FUND JUVENILE CRIME AND DELINQUENCY 48 48 33 1 3 8 3 44 3 3 41 45 45 17 31 38 46 39 18 8 4 5 3 7 4 4 1 2 2 1 35 2 1 61 Retained 169.96 140.63 0.31 0.05 4.50 79.20 1.50 8.04 0.10 0.40 37.20 24.53 16.09 73.56 118.01 53.82 168.86 110.63 183.57 370.00 1.20 510.60 75.00 69.30 427.60 80.00 25.00 10.00 150.00 290.00 3,584.60 10.00 5.00 6,799.26 o o o o o o o o o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Page 5 Disbursed Money.Totals 1,529.61 0.00 2.79 0.45 40.50 160.80 13.50 72.38 0.90 3.60 0.00 220.76 144.78 0.00 29.50 1,OZ2.63 0.00 0.00 183.57 0.00 22.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,448.57 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,699.57+ ~BO,D"';: 1;f79,S''7 140.63-!- "I,~O:C 1~1.1..3 3.10-1 ,(.O?- 3.ft) 0.50 45.00 240.00 15.00 80.42 t /4,."::: 1.00 4.00 37.20 t 7..0 = <j,-!,Q.t> 245.29 4 4?,~ '" '" 6) 11'7, &, 160.87 + J,I>.c <, " I illS, 8? 73.56 + ,j~"\)~ 7%.:>& 147.51 + .\".D0, ~ J '1'7. 5"1 _ 1,076.45+ \~D.,)'~'I,O:S-".~, 168.86'" ,M.o":; I "l ~.l{,b 110.63 +- r&,\)().::: I""~.(.,'> 367.14," ao,eCl; 31",1'1 370.00 24.00 510.60 75.00 69.30 427.60 + olO\,qQ-= ~.)9.S"O 80.00 25.00 10.00 150.00 290.00 ,~ ~ I, II" 0 3,584.60 + s6'1,SV - '"', "1, I 10.00 5.00 'l~.I..\"- 10,247.83 I l\"70.Q 0-'" II, ~Jl,f:" , 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/04/2013 Money Distribution Report JUDGE GARY W. NOSKA JP3, AUGUST 13 MONTHLY REPORT The following totaLs represent - Transfers ColLected Type Code Description COST COST COST COST COST COST COST COST COST COST COST FEES FEES FEES FEES FEES FEES FEES FEES FEES FINE FINE OPMT OTHR JCPT JCSF JPAY JSF LAF SAF SUBC H HC TIME WRNT CIFF CSRV CVFF DDC DFF EXRF FFEE JCMF SF DPSF FINE OPMT ABJF JUDICIAL AND COURT PERSDNNEL TRAINING JUSTICE COURT SECURITY FUND JPAY DISTRICT JUDGE PAY RAISE FEE JURDR REIMBURSEMENT FEE SHERIFF'S FEE DPS SUBT ITLE C TECHNOLOGY FUND HC TIME PAYMENT FEE WARRANT FEE CIVIL INDIGENT FILING FEE COLLECTIDN SERVICE FEE CIVAL FILING FEE DEFENSIVE DRIVING DEFERRED FEE EXPIRATION RENEWAL FEE FILING FEE JUVENILE CASE-MANAGER FEE SERVICE FEE DPS FTA FINE FINE OVERPAYMENT ABSTRACT OF JUDGMENT PREPARATION FEE Count o o o o o o o o o o o o o o o o o o o o o o o o o The following totals represent - Jail Credit and Community Service COST eee COST CHS COST CJDD COST CMI COST CVC COST DPSC COST FA COST IDF COST JCD COST JCPT COST JCSF COST JPAY CDST JSF COST LAF COST SAF COST SUBC COST H COST HC COST TIME COST WRNT Transfer Totals CONSDLIDATED COURT CDSTS CDURTHOUSE SECURITY CIVIL JUSTICE DATA REPDSITORY FEE CORRECTIONAL MANAGEMENT INSTITUTE CDMPENSATION TO VICTIMS DF CRIME OMNI FUGITIVE APPREHENSION INDIGENT DEFENSE FUND JUVENILE CRIME AND DELINQUENCY JUDICIAL AND COURT PERSDNNEL TRAINING JUSTICE CDURT SECURITY FUND JPAY DISTRICT JUDGE PAY RAISE FEE JUROR REIMBURSEMENT FEE SHERIFF'S FEE DPS SUBT ITLE C TECHNDLOGY FUND HC TIME PAYMENT FEE WARRANT FEE 4 4 o o o 4 o 4 o o 4 4 4 3 1 1 4 1 2 4 Retained 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 16.00 15.00 0.00 0.00 0.00 39.60 0.00 O.BO 0.00 0.00 4.00 2.40 1.30 15.00 4.00 1.50 16.00 3.00 25.00 200.00 Page 6 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 O.OD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 144.00 0.00 0.00 0.00 0.00 80.40 0.00 7.20 0.00 0.00 0.00 21.60 11 .70 0.00 1.00 2B.50 0.00 0.00 25.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 160.00 15.00 0.00 0.00 0.00 120.00 0.00 8.00 0.00 0.00 4.00 24.00 13.00 15.00 5.00 30.00 16.00 3.00 50.00 200.00 09/04/2013 Money Distribution Report JUDGE GARY W. NOSKA JP3, AUGUST 13 MONTHLY REPORT The following totals represent - Jail Credit and Community Service Type Code Description FEES CIFF FEES CSRV FEES CVFF FEES DOC FEES DFF FEES EXRF FEES FFEE FEES JCMF FEES SF FINE OPSF FINE FINE OPMT OPMT OTHR ASJF CIVIL INDIGENT FILING FEE COLLECTION SERVICE FEE CIVAL FILING FEE DEFENSIVE DRIVING DEFERRED FEE EXPIRATION RENEWAL FEE F I LI NG FEE JUVENILE CASE-MANAGER FEE SERVICE FEE DPS FTA FINE FINE OVERPAYMENT ABSTRACT OF JUDGMENT PREPARATION FEE The following totals represent - Credit Card Payments Credit Totals COST CCC COST CHS COST CJDD COST CMI COST CVC COST DPSC COST FA COST 10F COST JCO COST JCPT COST JCSF COST JPAY COST JSF COST lAF COST SAF COST SUBC COST TF COST TFC COST TIME COST WRNT FEES CI FF FEES CSRV FEES CVFF FEES DDC FEES DFF FEES EXRF FEES FFEE FEES JCMF FEES SF FINE DPSF FINE FINE CONSOLIDATED COURT COSTS COURTHOUSE SECURITY CIVIL JUSTICE DATA REPOSITORY 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 REIMBURSEMENT FEE SHERIFF'S FEE DPS SUBT ITLE 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 F I LI NG FEE JUVENILE CASE-MANAGER FEE SERVI CE FEE DPS FTA FINE FINE Count o 4 o o o o o 1 o 2 2 o o 4 7 7 6 o o o o 7 o o 7 7 7 1 6 6 7 6 1 o o o o o 1 o o o o o 6 Retained 0.00 480.00 0.00 0.00 0.00 0.00 0.00 5.00 0.00 580.00 352.00 0.00 0.00 1,760.60 28.00 21.00 0.06 0.00 0.00 0.00 0.00 1.40 0.00 0.00 7.00 4.20 2.80 5.00 24.00 9.00 28.00 18.00 12.50 0.00 0.00 0.00 0.00 0.00 201.90 0.00 0.00 0.00 0.00 0.00 589.50 Page 7 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 0.00 319.40 Z52.00 0.00 0.54 0.00 0.00 0.00 0.00 12.60 0.00 0.00 0.00 37.80 25.20 0.00 6.00 171.00 0.00 0.00 12.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 480.00 0.00 0.00 0.00 0.00 0.00 5.00 0.00 580.00 352.00 0.00 0.00 2,080.00 280.00 21.00 0.60 0.00 0.00 0.00 0.00 14.00 0.00 0.00 7.00 42.00 28.00 5.00 30.00 180.00 28.00 18.00 25.00 0.00 0.00 0.00 0.00 0.00 201.90 0.00 0.00 O.DO 0.00 0.00 589.50 09/04/2013 Money Distribution Report Page 8 JUDGE GARY W. NOSKA JP3, AUGUST 13 MONTHLY REPORT ------------------------------------.----------------------------------------------------------------------------------------------- The following totaLs represent - Credit Card Payments Type Code Description Count Retained Disbursed Money-Totals OPMT OPMT OVERPAYMENT 0 0.00 0.00 0.00 OTHR A8JF ABSTRACT OF JUOGMENT PREPARATION FEE 0 0.00 0.00 0.00 Credit Totals 7 952.36 517.64 1,470.00 The following totals represent Combined Money and Credits COST CCC CONSOLIOATEO COURT COSTS 59 213.96 1,925.61 2,139.57 COST CHS COURTHOUSE SECURITY 59 176.63 0.00 176.63 COST CJOO CIVIL JUSTICE OATA REPOSITORY FEE 39 0.37 3.33 3.70 COST CMI CORRECTIONAL MANAGEMENT INSTITUTE 1 0.05 0.45 0.50 COST CVC COMPENSATION TO VICTIMS OF CRIME 3 4.50 40.50 45.00 COST DPSC OMNI 12 118.80 241.20 360.00 COST FA FUGITIVE APPREHENSION 3 1.50 13.50 15.00 COST IOF INDIGENT DEFENSE FUNO 55 10.24 9Z.18 102.42 COST JCD JUVENILE CRIME AND DELINQUENCY 3 0.10 0.90 1.00 COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING 3 0.40 3.60 4.00 COST JCSF JUSTICE COURT SECURITY FUNO 52 48.20 0.00 48.20 COST JPAY JPAY OISTRICT JUDGE PAY RAISE FEE 56 31.13 280.16 311.29 COST JSF JUROR REIMBURSEMENT FEE 56 20.19 181.68 201.87 COST LAF SHERIFF'S FEE 21 93.56 0.00 93.56 COST SAF OPS 38 146.01 36.50 182.51 COST SUBC SUBTITLE C 45 64.32 1,22Z.13 1,286.45 COST TF TECHNOLOGY FUND 57 212.86 0.00 212.86 COST TFC TFC 46 131.63 0.00 131.63 COST TIME TIME PAYMENT FEE 21 221. 07 221.07 442.14 COST WRNT WARRANT FEE 12 570.00 0.00 570.00 FEES CIFF CIVIL INDIGENT FILING FEE 4 1.20 2Z.80 24.00 FEES CSRV COLLECTION SERVICE FEE 9 990.60 0.00 990.60 FEES CVFF CIVAL FILING FEE 3 75.00 0.00 75.00 FEES DDC DEFENSIVE DRIVING 7 69.30 0.00 69.30 FEES OFF OEFERRED FEE 5 629.50 0.00 629.50 FEES EXRF EXPIRATION RENEWAL FEE 4 80.00 0.00 80.00 FEES FFEE FILING FEE 1 25.00 0.00 25.00 FEES JCMF JUVENILE CASE. MANAGER FEE 3 15.00 0.00 15.00 FEES SF SERVICE FEE 2 150.00 0.00 150.00 FINE DPSF DPS FTA FINE 3 870.00 0.00 870.00 FINE FINE FINE 43 4,526.10 0.00 4,526.10 OPMT OPMT OVERPAYMENT 2 10.00 0.00 10.00 OTHR ABJF ABSTRACT OF JUDGMENT PREPARATION FEE 1 5.00 0.00 5.00 Report Totals 72 9,512.22 4,285.61 13,797.83 09/04/2013 Money Distribution Report Page 9 JUDGE GARY W. NOSKA JP3, AUGUST 13 MONTHLY REPORT -------------.--------------------------------------------------------------------------------------------------------------_.-----. DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS REST! TUT ION 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 & Carom 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 at 1 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 509.50 225.50 0.00 0.00 0.00 0.00 735.00 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 509.50 225.50 0.00 0.00 0.00 0.00 735.00 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 aL l 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 3,365.10 4,761.23 1,371.50 0.00 0.00 15.00 9,512.83 Jail Credits & Comm Service 932.00 663.00 485.00 0.00 0.00 0.00 2,080.00 Credit Cards & Transfers 589.50 678.60 201.90 0.00 0.00 0.00 1,470.00 Total of all Collections 4,886.60 6,102.83 2,058.40 0.00 0.00 15.00 13,062.83 TOTALS Cash & Checks Collected 3,874.60 4,986.73 1,371.50 0.00 0.00 15.00 10,247.83 Jail Credits & Comm Service 932.00 663.00 485.00 0.00 0.00 0.00 2,080.00 Credit Cards & Transfers 589.50 678.60 201.90 0.00 0.00 0.00 1,470.00 Total of aLL Collections 5,396.10 6,328.33 2,058.40 0.00 0.00 15.00 13,797.83 09/04/201~ Money Distribution Report JUOGE GARY W. NOSKA JP3, AUGUST 13 MONTHLY REPORT OATE BONOS RESTITUTION PAYMENT.TYPE FINES CQURTwCOsrs FEES State of Texas Quarterly Reporting Totals Description Disbursed Collected Retained Count State ComptroLLer Cost and fees Report Section I: Report for Offenses Committed 01-01-04 Forward 09.01.01 12'31-03 08'31-99 08'31-01 09'01-97 08.30-99 09-01-91 08.31.97 Ba; 1 Bond Fee DNA Testing Fee Convictions DNA Testing Fee Camm 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 58 1,96B.57 196.86 1,771.71 0 0.00 0.00 0.00 0 0.00 0.00 0.00 10 76.50 7.65 68.85 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 52 188.87 18.89 169.98 51 94.42 9.44 84.98 39 3.70 0.37 3.33 44 1,256.45 62.82 1,193.63 37 177.51 142.01 35.50 8 240.00 79.20 160.80 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 19 392.14 196.07 196.07 0 0.00 0.00 0.00 52 287.29 28.73 Z58.56 370 4,685.45 742.04 3,943.41 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 4 24.00 1.20 22.80 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 4 24.00 1.20 22.80 374 4,709.45 743.24 3,966.21 Section II: As Applicable Peace Officer Fees Failure to Appear/Pay fees Judicial Fund w Const County Court Judicial Fund - Statutory County Court Motor Carrier Weight 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 Judie 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 Page 10 OTHER TOTAL 09/05/2013 09:41 351-983-2451 CALHOUN CO PCT 5 PAGE 01 Calhoun County Justice Court, Pct 5 Judge Nancy Pomykal 508 West Main POBox 454 Port O'Connor, Texas 77982 Phone (361) 983.2351 Fax (361) 983-2461 09-05-13 FACSIMILE TRANSMITTAL To; IHES HPN...M1KE-PFElEER AND COMMISS\QNERS COURT Fax: 361-553-4444 PAGES TO FOLI-OW .-i.. INCLUDING THIS COVER SHEET From: JUDGE NANCY POMYKAL :3ubject: MQN.THL Y REPOBT OF COLLE:CTIOtfS FOR...THE MONTIi.Q.E AUGUST. 2013 COlJlments: Faxing the reDort of collections of AUGUST. 2013. Please aive me a call If you have anv auestion~. Thank you, ~ 1',.,~ The Information contained in the facsimile message Is confidential, Intended only for the use of the Individual or entity named. If the reader of this message is not the Intended recipient. or the employee or agent responsible to deliver said message to the Intended recipient, you are hereby notified that any dissemination, distribution, copying or the taking of any action In reliance on the contents of this communication Is strictly prohibited. If you have received this communication In error, please Immediately notify us by telephone and return the original message to us at the above address via the U. $. Postal Service. 09/05/2013 09:41 361-983-2461 CALHOUN CO PCT 5 PAGE 02 09/04/2013 MQfiey Di&trib~t;on Rftport JUDGE NANCV POMVKAL AUGUST ~013 NONTNV ~EPO~T p.ge 1 __~ _____~___._______~___M_____..______~__~_ft___.____~_ft_._.~---- ;~~:~;;-~~:;:/;:;:~~:~~-'-----------I-~:~~-~::~~-i-~:~~-~::~;-i-cod:-AmO"nt I Cod. Amount I code Amount I Cod. Amount I Tot.l I I I I I I I 0374809 1307-0434 08-05-2013 I JSF 4.00 I TFC 3.00 I CCC 40.00 I CHS 3,00 I SAF 5.00 I Tf 4.00 I 165.00 PUTNAM, PAUL THAD I JCSF 1.00 I JPAY 6.00 IIOF 2.00 I MV' 0.10 I 0000 30.00 I FINE 66.90 I MonoyOrdor I I I I I I I 03748101307-0412 08-05-2013 I JSF 4.00 I cct 40.00 I CHS 3.00 I LAF 5.00 I 1f 4.00 I JCSF 1.00 I 165.00 DlLlARO, KI.INT L JPAV 6.00 I IOF 2.00 I WSF 100.00 I I I I p....n.l Cheo~ I I I I I 1 I 0374811 1307-0419 08-05-2013 I TFC 3.00 I CHS 3.00 I 10M 5.00 I TI 4.00 1 JCSf 1.00 1 FINE 94.00 I 140.00 CHlI.OS, ROV FRANKI.IN I SUBt 30.00 I I I I I I Crod; t C.rd I I I I I I I 03748121307-0388 08-07-2013 I JSF 4.00 I ccc 40.00 I CHS 3.00 I loAF 5,00 I TF 4.00 I JCSF 1.00 I 115.00 CAMPBELl., CLAY BERRV I JPAV 6.00 I IDF 2.00 I ~SF SO.oo I I I I C..h I I I I I I I 0374813 1306-0361 08-08-2013 I JSf 4.00 I TFC 3.00 I ecC 40,00 I CHS 3.00 I LAf 5.00 I TF 4.00 I 108.00 HORALES, MATHEW JORDAN I JtSF 1.00 I JPAV 6.00 I IOF 2.00 I MVF 0.10 I Dse 9.90 I suee 30.00 I Honey Ordor I I I I I I 0374814 1307-0405 08-08-2013 I JSF 4.00 I TIC 3.00 ecc 40.00 I CHS 3.00 I SAF 5.00 I Tf 4.00 I 165.00 SASSMAN, BROOKE ANN I Jcsf 1.00 I JPAY 6.00 10F 2.00 I HVF 0.10 I FINE 66,90 I suee 30.00 I peroon.l cheok I I I I I I 0374615 1307-0435 06-08-2013 I JSF 4.00 I TFe 3.00 ecc 40.00 I CHS 3.00 I SAf 5.00 I TF 4.00 I 215.00 SLATE, RICKY JAMES I JCSF 1,00 I JPAY 6.00 10F 2.00 I MVF 0.10 I FINE 116.90 I SUBe 30.00 I Co.p.ny Cheok I I I I I I 03746161307-0367 06-08-2013 I JSF 4.00 Ieee 40.00 CHS 3.00 I LAF 5.00 I TF 4.00 I JeSF 1.00 I 11S.00 HUNOI.EV, RANDY REEeE I JPAY 6.00 1 IDF 2.00 WSF 50.00 I I I ","on.l Ch..k I I I I I 0374817 1307-0383 08-06-2013 I JSf 4.00 I ecc 40.00 CHS 3.00 I loAF 5.00 I TF 4,00 JeSF 1.00 I 165.00 TORRES, JACOB JAMAIL I JPAV 6.00 I IDF 2.00 WSf 100.00 I I I Hon.y Order I I 1 I I 0374818 1307-0431 08-08-2013 I JSF 4.00 I TFC 3.00 eCC 40.00 I CHS 3.00 I loAF 5.00 TF 4.00 I 113.00 BROWN, ROBERT CALVIN I JoSF 1.00 I JPAV 6.00 IDF 2.00 I HVF 0.10 lose 9.90 SUBC 30.00 I Money Order I OPNT 5. DO I I I I 0374819 1307-0441 08-06-2013 I EX~f 20.00 I I I I 20.00 HENSLEY, PHiliP EDWARD I I I I I C..h I I I I I I 0374820 1307-0440 08-12-2013 I JSF 4,00 I TFe 3.00 I cee 40.00 CHS 3.00 I SA1 5.00 TF 4.00 I 108.00 STEVENS, THOHAS ROBERT JR I JCSf 1.00 I JPAV 6.00 I 10F 2.00 MVF 0.10 I OSC 9.90 I SU8e 30.00 I Per.onol Cheok I I I I I I 0374821 1306-0452 08-12-2013 I SFEE 7!i.00 I lleE 6.00 I FIll 25.00 I I I 106.00 aUAHAN, RU8lCELlA I I I I I I c..h I I I I I I 0374622 1307-0399 08-12-2013 I JSF 4.00 I cce 40.00 I eHS 3.00 SAF 5.00 I TF 4.00 I JeSF 1.00 I 120.00 FELlX, VERONICA SLACK I JPAY 6.00 IOF 2.00 I FINE 55.00 I I I P.rsonol Check I I I I I I 0374623 1306-0450 08-13-2013 I JSF 4.00 I TFC 3.00 I ccc 40.00 CHS 3.00 I LAf 5.00 I Tf 4.00 I 18S,00 REHS, PEDRO JR I JCSf 1.00 I JPAY 6,00 I 10F 2.00 HVF 0.10 I 0000 30.00 I FINE 66.90 I Credit Cord I I I I I I 0374824 1307-0373 06-14-2013 I JSF 4.00 I eec 40.00 I eHs 3.00 loAF 5.00 I TIME 25.00 I Tf 4.00 I 330.00 RABY, ALLEN OANlfL I JCBf 1.00 I JPAY 6.00 I IDF 2.00 FINE 240.00 I I I Money order I I I I I I I 0374825 1308-044B 08-14-2013 I JSF 4.00 Ieee 40.00 I CHS 3.00 I LAF 5.00 I TF 4.00 I JCSF 1.00 I 165.00 HART, KEITH HUBERT I JPAV 6.00 I 10F 2.00 I FINE 100.00 I I I I co.h / I I I I I 0374826 1308-0451 OB-15-2013 JSF 4.00 I TFC 3.00 Ieee 40.00 I CHS 3.00 I lAF 5.00 I TF 4 00 I 10e.00 OEI.SCHLEGEL, CANDICE PAIGE I JCSF 1.00 I JPAY 6.00 I IOf 2.00 I MVF 0.10 I 0000 30.00 I DOC 9:90 co.h I I I I I I I 09/05/2013 09:41 351-983-2451 CALHOUN CO PCT 5 PAGE 03 09/04!Z013 MoneY Dietributiofi Report JUDGE NANCY POMYKA, AUGUST zo13 MON1HY REPORT poge 2 ;:~::;~-~:~::i;:;:~~:~;-------------i-~~~:-~;~~~~-i-~~:-~;:~~~-i-~~~:"~~~~~;---~~~:-~:~:~~-i-~~~:-~:::~~-i-~:~:-~;::~~-i-----~:~:~- I I I I I I 0374827 1308..;)455 08-15-2013 I SFEE 75.00 I IFEE 6.00 I FILl 25.00 I I I 106.00 HUDLER, SUSAN I I I I I I Co.n I I I I I I 0374828 1308-0446 08-15-2013 I JSF 4.00 I ccc 40.00 I CHS 3.00 LAF 5.00 I TF 4.00 I JcsF 1.00 I 135.00 VUICHARD, ANDREW JAMES I JPAY 6.00 I IDF 2.00 I FINE 70.00 I I Co.n I I I I I 0374829130Z-0195 08-15-2013 I FINE 117.00 I I I I 117.00 VUleHARD, ANDREW JAMES I I I I I c..h I I I I I 03748301308-0454 08-15-2013 I IFEI! 6.00 I FILl 25.00 I I I 31.00 STOCKS, SHEL8Y RAY I I I I I Money Order I I I I I 0374832 1308-0444 08-21-2013 I JSF 4.00 I cee 40.00 I CHS 3.00 I ,AF 5.00 TF 4.00 I JeSF 1,00 \ 165.00 CUNNINGHAM, JAMES E. I JPAY 6.00 I IDF 2.00 I WSF 100.00 I I I co.h I I I I I I 0374833 12-05-0171 08-22-2013 I JsF 4.00 I CCC 40.00 I eHS 4.00 I sAF 5.00 WRNT 50.00 I TIME Z5.00 I 575.00 APOSTALO, MICHAEL WILLIAM I TF 4.00 I JPAY 6.00 I IDF 2.00 I FINE 435.00 I I I J.i L credit I I I I I I I 0374834 12-05-1069 08-22-2013 I WRNT 50.00 I TtME 25.00 I FINE 240.00 I I I I 315.00 APOSTALO, MICHAEL WILLIAM I I I I I I I JeH Credit I I I I I I . I 0374835 12-05-0174 08-26-2013 I JGF 4.00 I ccc 40.00 I CHS 4.00 I PWAF $.00 I TF 4.00 1 DPse 30.00 I Z53.50 BURKHART, KENNETH NORMAN JR I JPAY 6.00 I IDF Z.OO I PWF 100.00 I eSRV 58.~0 I I I co.pany ch.ok I I I I I I 03748361308-0447 08-26-2013 I JSF 4.00 Ieee 40.00 I CHS 3.00 I LAP 5.00 I TF 4.00 I JCSF 1.00 305.00 MAREK, TINA GAIL I JPAY 6.00 I IaF 2.00 I FINE 240.00 I I I cash I I I I I 0374837 1308-0453 08-26-2013 I JSF 4.00 I TFC 3.00 I cce 40.00 I eHS 3.00 I SAF 5.00 I TF 4.00 392.00 RESENDI" ADElI7A I JCSF 1.00 I JPAV 6.00 I IDF 2.00 I MVF 0.10 10000 30.00 I FINE 293.90 cash I I I I I I 0374838 1307-0418 08-2B-Z013 I FINE 93.00 I SU8C 30.00 I I I I 1Z3.00 WRIGHT, NICHOLE RICHELL I I I I I I C.sh I I I I I I 037483913020211 08-28-2013 I TIME 25.00 I FINE 57.00 1 I I I 82.00 THUMANN, CHRISTOPHER MARK I I I I I I c..n I I I I I I 09/05/2013 09:41 361-983-2461 CALHOUN CO PCT 5 PAGE 04 09j04jZ013 Money Distribution Report page 3 JUDG. NANCY POMYKAL AUGUST 2013 MONTHY REPORT "____~_~____~_~___~~_~_________A_W~---.~~---.------~.-___~_.___~_____~__________._____M________--.-~---------M____________________.. The following total. represent. cesh and Cheoks collected Type Code De.or-tption CQunt Reulned tlisDUr$ed Money-fotaL&. The following totals represent - ta&h and CheGks collected COST 0000 sua TITLE 3 90.00 0.00 90.00 COST ccc CONSOLIDATED COURT COSTS 19 76.00 664.00 760.00 COST CHS COURTHOUSE SECURITY 19 58.00 0.00 58.00 COST DPSC DPS FAILURE TO APPEAR JOMNI FEES 1 9.90 ZO.10 30.00 COST IDF INDIGENT DEFENSE FUND 19 3.80 34.Z0 38.00 COST JCSF JUSTICe COURT SECURITY fuND 10 10.00 0.00 18.00 COST JPAY JUDGE PAY RAISE fEe 19 11.40 10Z.60 114.00 COST JSF JUROR SERVICE fUND 19 7.60 68.40 76.00 COST LAI SHERIFf'S FEE 12 60.00 0.00 60.00 COST MVf HOVING VIOLATION fE. 8 0.08 o.n 0.80 COST PWAF TEXAS PARKS & WILDLIfE 1 4.00 1.00 5.00 COST SAf DPS 6 24.00 6.00 30.00 COST Tf TECHNOLOGY fUND 19 76.00 0.00 76.00 COST TFC TFC 8 24.00 0.00 24.00 COST TIME TIME PAYMENT fEE 2 25.00 25.00 50.00 COST WRNT WARRANT FOE 0 0.00 0.00 0.00 fEES CSRV COLLECTION SERVICES fEE 1 58.50 0.00 58.50 FEES DOC DRIVER SAFETY COURSE - 2013 1 9.90 0.00 9.90 FEES DSC DRIVER SAFETY COURSE 01/2008 3 ~9.70 0.00 29.70 fEES EXRf ExpIRATION RENEWAL FEE 1 20.00 0.00 20.00 FEES fILl fILING FEE 3 75.00 0.00 75.00 fEES IfEE INDIGENT fEE 3 0.90 17.10 18.00 FEES SFEE SERVICE fEE 2 150.00 0.00 150.00 FEES SUBC SUB TITLE C 6 9.00 171.00 180.00 fINE FINE fINE 12 1,516.60 0.00 1,516.60 fINE PWf PARKS & WILD,IFE FINE 1 15.00 85.00 100.00 FINE WSF WATER SAFETY FINE 5 60.00 340.00 400.00 OPMT OPMT OVERPAYMENT 1 5.00 0.00 5.00 Money ToU l So 26 2,437.38 1,555.12 3,99Z.50 The following totals repr..ent - Tronsfers Collected COST 0000 SUB TITLE 0 0.00 0.00 0.00 COST cec CONSOLIDATED COURT COSTS 0 0.00 0.00 0.00 COST CHS COURTHOUSE SECURITY 0 0.00 0.00 0.00 cOST DPSC DPS fAILURE TO APPEAR JOHNI FEES 0 0.00 0.00 0.00 COST IDF INDIGENT DEFENSE FUND 0 0.00 0.00 0.00 COST JCSf JUSTICE COURT SECURITY FUND 0 0.00 0.00 0.00 coST JPAY JUDGE pAY RAISE fEE 0 0.00 0.00 0.00 COST JSf JUROR SERVICE FUND 0 0.00 0.00 0.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST MVf MOVING VIOLATION 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 TF TECHNOLOGY FUND 0 0.00 0.00 0,00 CQST TFe TFe 0 0.00 0.00 0.00 09/05/2013 09:41 351-983-2451 CALHOUN CO peT 5 PAGE 05 09/04/2013 Money Di$tribution RepQrt pogo 4 JUDGE NANCY POMYKAL AUGUST 2013 MONTHY REPORT ________~____w_~______~______-----~-----~----------.~----------------~-----.-----~-----~----------~----------~----~---~------~----- The following tQtol. repro.ent - Tronofer. Collected Type code Description Count RetQinl!td Dililbursed Money-Totals COST TIME TIME PAYMeNT FEE 0 0.00 0.00 0.00 COST WRNT WARRANT FEE 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVicES FEE 0 0.00 0.00 0.00 FEES DOC DRIVER SAFETY COURSE - 2013 0 0.00 0.00 0.00 FEES DSC DRIVER SAfETY COURSE 01{2008 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES FILl FlLING FeE 0 0.00 0.00 0.00 FEES HEE INDIGENT FEI! 0 0.00 0.00 0.00 FEES SFEE SERViCE FI!E 0 0.00 0.00 0.00 FEES SUBC SUB TITLE C 0 0.00 0.00 0.00 FINE FlNE FINE 0 0.00 0.00 0.00 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 FINE WSF WATER SAFETY FINE 0 0.00 0.00 0.00 OPMT OPMT OVERPAYMENT 0 0.00 0.00 0.00 Tran&1er Totale 0 0.00 0.00 0.00 The following totals ~epre$~nt - Jail Credit end Commvn1ty servioe COST 0000 SUS TITLE 0 0.00 0.00 0.00 COST CCC CONSOLIDATED COURT COSTS 1 4.00 36.00 40.00 COST CHS COURTHOUSE SECURITY 1 4.00 0.00 4.00 COST DPSC DPS FAILURE TO APPEAR {OMNI FEES 0 0.00 0.00 0.00 COST IOF INDIGENT DEFENSE FUND 1 0.20 1.80 2.00 COST JCSF JUSTICE COURT SEcURITY FUND 0 0.00 0.00 0.00 cOST JPAY JUDGE PAY RAISE FEE 1 0.60 5.40 6.00 COSY JSF JUROR SERVICE FUND 1 0.40 3.60 4.00 COST LA; SHERIFF'S FEE 0 0.00 0.00 0.00 COSY MVF MOVING VIOLATION FEE 0 0.00 0.00 0.00 COST PWAF TeXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAF DPS 1 4.00 1.00 5.00 COST TF TECHNOLOGY FUND 1 4.00 0.00 4.00 cOST TFC TFC 0 0.00 0.00 0.00 COST TIME TIME PAVMENT FEE 2 25.00 25.00 50.00 COST WRNT WARRANT FEE 2 100.00 0.00 100.00 FEES CSRV COLLEcTION SERVICES FEE 0 0.00 0.00 0.00 FEES DOC DRIVER SAFETV COURSE - 2013 0 0.00 0.00 0.00 FEES DSC PRIVER SAFETY COURSE 01{200S 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL PEE 0 0.00 0.00 0.00 FEES FILl FILING FEE 0 0.00 0.00 0.00 FEES IFEE INDIGENT FEE 0 0.00 0.00 0.00 FEES SFEE SERVICE FEE 0 0.00 0.00 0.00 FEES SUBC sua TITLE C 0 0.00 0.00 0.00 FINE FINE fiNE 2 675.00 0,00 675.00 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 FINE WSF WATER SAFETY FINE 0 0.00 0.00 0.00 OPMT OPMT OVERPAYMENT 0 0.00 0.00 0.00 credit Totlll$ 2 617.20 72.80 690.00 09/05/2013 09:41 361-983-2461 CALHOUN CO PCT 5 PAGE 06 09{04{2013 Honty Pl~tributiQn Report p~ge 5 JUDGE NANCY POMYKA" AUGUST 2013 HONTHV REPoRT ________~_____~---~_~__~_____~_r___~_~___._______~____-~----~-------------~--------------------------------~-------------~----~----~ The 1ol~owing totalt represent - credit card payments Type code Oesoription Count Retain~d DieblJr$ed Monty-ToU l$ The following total& represe"t ~ Cr,dit tard PJymenta COST 0000 SUB TlT"E 1 30.00 0.00 30.00 COST CCC CONSOLIOATED COURT CO~TS 1 4.00 36.00 40.00 COST CMS cOURTHOUSE SECURITY 2 6.00 0.00 6.00 COST OPSC OPS FAI"URE TO APPEAR {OHNI FEES 0 0.00 0.00 0.00 COST IOF INDIGENT DEFENSE FUND 1 0.20 1.80 2.00 COSl J~SF JUSTICE ~OURT SECURITY FUND 2 2.00 0.00 2.00 cost JPAY JUDGE PAY RAISE FEE 1 0.60 5.40 6.00 COST JSF JUROR SERVICE FUND 1 0.40 3.60 4.00 ~OST LAI ~HERIFF' S FEE 2 10.00 0.00 10.00 COST MVF MOVING VIOLATION FEE 1 0.01 0.09 0.10 COST PWAF TeXAS PARKS & WILD"IFE 0 0.00 0.00 0.00 COST SAF OPs 0 0.00 0.00 0.00 COST TF TECHNOLOGY fUND 2 8.00 0.00 6.00 COST TFC TFC 2 6.00 0.00 6.00 COST TIME TIME PAYMENT FEE 0 0.00 0.00 0.00 COST WRNT WARRANl FEE 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVICES Fee 0 0.00 0.00 0.00 FEes ODC DRIVER SAFETV COURSE - 2013 0 0.00 0.00 0.00 FEES DSC ORIVER SAFETY COUR~E 01/2008 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES PI"I FILING FEE 0 0.00 0.00 0.00 FEES HEE INDIGENT FEE 0 0.00 0.00 0.00 FEES SFEE SERVICE n:E 0 0.00 0.00 0.00 FEES suec SUB nT~E C 1 1.;0 28.50 30.00 PINE FINE FINE 2 180.90 0.00 180.~0 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 FINE WSF WATER SAFElY FINE 0 0.00 0.00 0.00 OPHT OPMT OVERPAYMENT 0 0.00 0.00 0.00 crlt~it Total; 2 249.61 75.39 325.00 The 1ollowinQ totals repres.nt - Combined Money and Credits COST 0000 SUB TIT"E 4 120.00 0.00 120.00 COST CCC CONSOLIDATED COURT CDSlS 21 84.00 756.00 640.00 COST CHS COURTHOUSE sECURITY 22 68.00 0.00 68.00 COST DPSC cpo FAILURE lO APPEAR /OMNI FEES 1 9.90 20.10 30.00 COSl IDF INDIGENT OEFENSE FUND 21 4.20 37.60 42.00 COST JCSF JUSlICE COURT SECURITY FUND 20 20.00 0.00 20.00 COSl JPAY JUDGE PAY RAISE FEE 21 12.60 113.40 126.00 COST JSF JUROR SERVICE FUND 21 8.40 75.60 64.00 COST LAF SHERIFF'S FEE 14 70.00 0.00 70.00 COST MVF MOVING VIO"ATION FEE 9 0.09 0.61 0.90 con PWAF TEXAS PARK~ & WILOLIFE 1 4.00 1.00 5.00 COST SAP DPS 7 28.00 7.00 35.00 COST TF TECHNO"OGY FUND 22 68.00 0.00 88.00 COST TFC TFe 10 30.00 0.00 30.00 09/05/2013 09:41 351-983-2451 CALHOUN CO PCT 5 PAGE 07 09/04/201~ Money Di$tribution Report JUDGE NANCY POMYKA~ AUGUST Z01~ MONTNY REPORT page 6 _.___~~____._____M_~___~_~___M____________~_____~_____~_____~___M______~__~_~___M_-----~--_w_---------~-----------~----------------- The follo~1ng tot~l, represent - combin~d Money and CreQit& Typ' e.d. f>escriptlol'l tount Retuine:d Pi.bur..d Honey-Totfitls COST TIME TIME PAYMENT fEE 4 50.00 50.00 100.00 COST WRNT WARRANT FEE Z 100.00 0.00 100.00 FEES eSRV COL~ECTION SERVICES FEE 1 58.50 0.00 58.50 FEES DPC DRIVER SAFETY COURSE - 2013 1 9.90 0.00 9.90 FEES PSC DRIVER SAFETY COURSE 01/2008 3 29.70 0.00 29.70 FEES EXRF EXPIRATION RENEWAL FEE 1 ZO.oo 0.00 20.00 FEES FIll FILING FEE 3 75.00 0.00 75.00 FEES IFEE INDIGENT FEE ~ 0.90 17.10 18.00 FEES SFEE SERVICE FEE 2 150.00 0.00 150.00 FEES sUBC SUB TITLE C 7 10.50 199.50 210.00 FINE FINE FINE 16 Z,3n.50 0.00 2,372.50 FINE PWF PARKS & WILDLIFE FINE 1 15.00 85.00 100.00 fINE WSF uATER SAFETY FINE 5 60.00 ~40.00 400.00 OPMT OPMT OVERPAYMENT 1 5.00 0.00 5.00 R.eport Toul& ~O 3,504.19 1,70~.31 5,207.50 09/05/2013 09:41 361-983-2461 CALHOUN CO PCT 5 PAGE 08 09/04/201~ Money D1atribution R.port Poge 7 JUDGE NANCY POMYKAL AUGUST 2013 MONTHY REPORT __________~_____~___~_____~_ft___~_____~__~_________M~r-----~--------~-------.--------------------------------~---------------------- DATE PAYMENT-TYpe FINES COURT-COSTS peES 60NDS RESTITUTION OTHER TOTAL 00"00-0000 cash & che.ks collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tot",l ()f e.ll colLectiQns 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1991 c.sh & Check. Co lleoted 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credit$ & Comm Servioe 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit clrda & TrBn&fer$ 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 09-01-199~ ca.h & Che.ks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Ja~l Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit ~ard& & Tran$1ers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 01 ell CDlleQtion& 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09"01-199; ca.h & che.k. Colle.ted 0.00 0.00 0.00 0.00 0.00 0.00 0.00 J&il credits & Comm service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Crftdit Cerd$ & Tran$fers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TataL of all CoLlections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1997 ca$h & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jeil credit& & Camm service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit tarda & Tr~naf~ri 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all colleotlon" 0.00 0.00 0.00 0.06 0.00 0.00 0.00 09-01-1999 Ca.h & Cheoks Colleot.d 0.00 0.00 0.00 0.00 0.00 0.00 0.00 J~il cred1t~ & Comm s~~vi~e 0.00 0.00 0.00 0.00 0.00 0.00 0.00 credit Carde & Tran$f~rs 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09"01-2001 Cosh & Checks tollected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jmil Credits & Comm service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfera 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of ell colle.tion. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09"01-2003 ca.h & ch.... colla.ted 0.00 0.00 0.00 0.00 0.00 0.00 0.00 J~;l C~edits & Comm s~~v1ce 0.00 0.00 0.00 0.00 0.00 0.00 0.00 cr~dit Cmrds & TrQnefers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 T~tal of all collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 01-01-2004 c.sh & Chec.. Co llsoted 2,016.60 1,429.60 ;41.10 0.00 0.00 5.00 3,992.50 Jeil Credit$ & Com~ S~rvlce 67..00 215.00 0.00 0.00 0.00 0.00 590.00 cr~dit Carde & Transfer& 180.90 114.10 30.00 0.00 0.00 0.00 325.00 Total ot all Collections 2,672.50 1,756.90 571.10 0.00 0.00 5.00 5,207.50 TOTALS Cash & Checks Collteted 2,016.60 1,429.60 541.10 Jail Credits & CQmrn SerV;ee 0.00 0.00 5.00 3,992.50 675.00 215.00 0.00 0.00 0.00 0.00 ~redit Carda & Tr~n&fer& 690.00 180.90 114.10 30.00 0.00 0.00 Total of ~ll ColL~oticn5 0.00 325.00 2,672.50 1,758.90 571.10 0.00 0.00 5.00 5,207.50 09/06/2013 09:41 361-983-2461 CALHOUN CO PCT 6 PAGE 09 09{04{2013 Money O;etribution Report JUDGE NANCY POHYKAL AUGUST 2013 MONTHY ~EPORT Page a ~~~;--------;~~~;~~:~~;;------------_.--------_.;;~;~--~~~;~:~~;~---------;;;;--------;~~~;--;;;~~~~~;~~-------~~~;;--------~~~~~- St~t~ of TeK8S Quarterly k~portin9 Totala Deeoription Count Col le.t.d Retained Disbureed State comptroller Co$t ~nd ~ee& Repo~t Seotion 1: Report for o1fenaes ~ommitted 01-01-04 Forwerd 09-01-01 - 12-31-03 08-31-99 - 08-31-01 09-01-97 - 08-30-99 09-01-91 - 08-31-97 B.iL Bo"d F.. DNA T~&tinQ Fee - ConviQtion8 DNA Testing F&e ~ CoMm $upvn DNA Testing Fee - J~veniLe EMS Treum. Fund tEMS) Juvenil6 Probation oiveriion Fees Jury ~e;mbur$ement Fee Indigent Oefense Fund Moving violetion Fees St~~e Traffio Fine Total Due Fer Thia Period 24 920.00 920.00 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 20 80.00 8.00 72.00 20 40.00 4.00 36.00 9 0.90 0.09 0.81 7 210.00 10.50 199.50 7 35.00 28.00 7.00 1 30.00 9.90 20.10 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 2 50.00 25.00 25.00 0 0.00 0.00 0.00 20 120.00 12.00 108.00 110 1,48$.90 1,017.49 468.41 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 3 18.00 0.90 17.10 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 3 18.00 0.90 17.10 113 1,503.90 1,018.39 485.51 Section II: As Applicable P68ce Officer Fees reilur. to App..r{Pey F.., Judic1&l ~~nd - Const County 'ourt Judici~l Fund w Statutory County (ourt Motor C.rrier W.ig~t Viol.tio", Time P~yment ~ees priving Record Fee Judioial support Fee Report sub Totel State tomptroller Civil Fe&s Report Cf: Birth Certi1ic&te fees C~: M~rr,age Li~~nse Fees CF: Declaretio~ of lnformal Marri<<ge Cf; Nondi$clo'Yr~ Fea$ eF: Juror Oonntione CF: JU5tioe Court Indig piLing Fees CF: Stet prob Court Ind19 Filing F.., CF: Stet Prob Court J~dio Fillng Fees CF; StAt C"ty Court I"d;g filing F.., CF; StAt Cnty court Judi. Fili"g Fe.. CF: Cn't Cnty court lnoig Fili"Q F... CF: Cnst Cnty Court Judio FiLing Fees CF: Di.t Court Divor.. & FAmily Le_ CF: Diot Court Other Divorce{Femily LAW CF: D1$t tQyrt Indig Legal $~rV;ce6 CF; Judiciel Support F.. Report Sub Total SUMMARY TAX ASSESSOR-COLLECTOR'S MONTHLY REPORT FOR: JULY 2013 COLLECTIONS DISBURSEMENTS Title Certificate Fees $ 12,506.00 Title Fees Paid TXOOl $ 7,796.00 Title Fees Paid County Treasurer Salary Fund $ 4,710.00 MotorVehicle Registration Collections $ 159,341.89 Disabled Person Fees $ 15.00 Postage $ 236.00 GLOBAL Addilonal Collections $ 9.00 GLOBAL Fees In Excess of Collections $ Paid TXOOT $ 151,099.48 Paid TXOOT SP $ 1,014.67 Paid County Treasurer $ Paid County Treasurer Salary Fund $ 6,765.25 DMV CCARDTRNSFEE $ 713.49 $ Global Additonal Collections $ 9.00 $ GLOBAL (IBG) Credit/Debit Card Fee's $ 338.71 GLOBAL Fees In Excess of Collections $ 383.78 MotorVehicle Sales & Use Tax Collections $ 801,768.62 Paid State Treasurer $ 801,768.62 Special Road/Bridge Fees Collected $ 27,190.00 Paid County Treasurer - RIB Fees $ 26,374.30 Paid TXDOT - RIB Fees $ 615.70 Texas Parks & Wildlife Collections $ 6,876.00 Global Fees In Excess/Shortage of Colis June/July $ (27.96) GLOBAL CREDIT CARD TRANSACTION FEES $ Paid Texas Parks & Wildlife $ 6,189.40 Paid County Treasurer Salary Fund $ 686.60 Global (IBC) Credit/Debit Card Fee's June/July $ (27.96) Global Fees In Excess/Shortage of Collections $ State Beer & Wine Collections Month of JULY $ 1,003.00 $ State Beer & Wine Collections $ Paid Tx Alcoholic Beverage Commission $ 838.00 Paid County Treasurer, Salary Fund $ 15.00 County Beer & Wine Collections $ Paid County Treasurer, County Beer & Wine $ 142.50 Paid County Treasurer, Salary Fund $ 7.S0 Renewal Fees for County Beer & Wine $ Paid County Treasurer ~ Renewal Fee~ $ Additional Postage - Vehicle Registration $ 9.75 Paid County Treasurer ~ Additional Postage $ 9.75 Interest earned on P&W $ 3.86 and $ 3.86 Refund $ Accounts Paid CountyTreasurer-lnt. on P&W & Ref $ 3.86 Interest earned on Office Account $ 37.02 Paid county Treasurer ~ Nav. East $ 0.05 Paid County Treasurer - all other districts $ 36.97 Business Personal Property - Misc. Fees $ 123.89 Paid County Treasurer $ 123.89 Excess Funds $ 2.81 Paid County Treasurer $ 2.81 Overpayments $ 8.10 Current Tax Collections $ 51,OS6.08 Penalty and Interest - Current Roll $ 81311.35 Discount for early payment of taxes $ Delinquent Tax Collections $ 13,824.77 Penalty & Interest - Delinquent Roll $ 6,757.65 Collections for Delinquent Tax Attorney $ 11 ,053.36 Advance ~ FM & L Taxes $ 15.67 Advance ~ County AdVi:lIorem Taxes $ 68,955.43 Paid County Treasurer M Nav. East $ 272.06 Paid County Treasurer - all other Districts $ 10,714.89 Paid County Treasurer M Delinq Tax Atty. Fee $ 11,OS3.35 Payment in Lieu of Taxes $ Paid County Treasurer - Navig. East $ Paid County Treasurer M All other Districts $ BoaUMotor Sales & Use Tax Collections $ 30A50.02 Paid State Treasurer $ 28,927.52 Paid County Treasurer, Salary Fund $ 1,522.60 Special Farmers Fees Collected $ 90.00 Paid State Treasurer, Farmers Fees $ 90.00 Hot Check Collection Charges $ Paid County Treasurers, Hot Check Charge $ Overage on Collection/Assessing Fees $ Paid County Treasurer, overage refunded $ Escheats $ Paid County Treasurer-escheats $ TOTAL COLLECTIONS $ 1,130,646.20 BAL FORWARD JUNE 2013 STATElCOUNnj BEER AND WINE COLL'S $ BAL FORWARD JULY2013 STATEfCOUNTYfBEER AND WINE COLL'S $ TOTAL COLLECTIONSIiNCLUDlNG CHANGE IN BEER AND WINE BAlANCE FORWARD $ TOTAL DISBURSEMENTS 1,130,646.20 TOTAL OF ABOVE RECEIPTS PAID TO STATE AND COUNTY $ 1,130,646.20 bdAU~ d-~ ( GLORIA A. OCHOA Tax Assessor-Collector rYlwL2 ~~ I HAEL J. PFEIFER County Judge PAYROLL: A Motion was made by Commissioner Lyssy and seconded by Commissioner Galvan to approve the payroll dated August 2, 2013 in the amount of $227,233.18, August 16, 2013 $221,546.39 and August 31, 2013, in the amount of $243,863.26. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor CALHOUN COUNTY PAYROLL 2013 MONTH I AUGUST Payroll throul!;h 08-02-2013 $ 227,233.18 Payroll through 08-16-2013 $ 221,546.39 Payroll through 08-31-2013 $ 243,863.26 I APPROVED TOTAL PAYROLL $ 692,642.83 The items listed above have been pre-approved by all Department Heads and I certify that fnnds were available to pay the obligations. I ccrtif that the above is true and correct to the best of my 'oow"'" ",' "" lI"L 00' ,,' ;'" ~.u1) RHbNDA S. KOKENA, CALHOUN COUNTY TREASURER ACCEPTED AND APPROVED THIS THE /2ih. DAY OF 5e pfe mhev , 2013 IN THE CALHOUN COUNTY COMMISSIONERS' COURT, PORT LA V ACA, TEXAS 77979. APPROVED SEP 12 2013 CAl~HOUN CaUNT'"i COMMISSIONI'!:FiS COURT ACCOUNTS ALLOWED - COUNTY: Claims totaling $1,029,235.80 were presented by the County Treasurer and after reading and verifying same; a Motion was made by Commissioner Lyssy and seconded by Commissioner Galvan that said ciaims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. DECLARE CERTAIN ITEMS OF PROPERTY IN THE OFFICE OF THE SHERIFF'S DEPARTMENT AS WASTE AND AUTHORIZE THE DISPOSAL OF SAME: A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve that certain items of property in the office of the Sheriff's Department be deciared and waste and authorize the disposal of same. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. Calhoun County Sheriff's Office Surplus BOx #1 Dispatch pant 36 Dispatch pant 50 Dispatch pant 32 Dispatch pant 52 Dispatch pant 36 Dispatch pant 32 Dispatch pant 36 Dispatch pant 36 Deputy pant 44 Deputy pant 44 Deputy pant 8 female Deputy pant 32R Deputy pant 32 Deputy pant a female Deputy pant 32 Deputy pant 36 Box #2 DispatCh shirt sls L Dispatch shirt sls S Dispatch shirt sls S Dispatch shirt s/s S Dispatch shirt S!S M Dispatch shirt lis 2XL Deputy sgt shirt sls 17 1/2 Deputy sg! shirt sls 171/2 Deputy sgt shirt sls 171/2 Deputy lis no patches 17 1/2 Deputy No patches 1 a Deputy Sgt 17 1/2 sls Deputy17 1/2 sls 17 1/2 lis no patches Sht sls 17 1/2 Sht s/s 171/2 Sgtas 17 17 as no patches 17 as no patches 42 la no patches Box #3 White polo 3XI White polo XL While polo XL. White polo m White polo XL. White polo XL White polo XL. White poloXL White polo 3xl ~ 'd m9 'oN jd!p q!J1!~, ~n^~l lJod VNOH SIOl '9 'd!S White polo XL White polo m White polo xl White polo s White polO s White polo s White polo 2xl White polo 2xl White polo 2xl Bdum Bdu L Bdu Unknown Bdu 29 35/39 Brown Jumpsuit Box #4 5s Blsck swat shirt 2xl 5s Black swat shirt xl 5s black swat shirt 2xl Ls black swat shirt 2xl Black swat shirt XI Is Bdu xl Dispatch shirt I Bdu 35 Windbraker front patch m Winter coat m Box #5 L Raincoat XI Raincoat 6 packages White gloves 15 Orange traffic vest (;'d Vm 'oN jdap S)!JJa4s ~O~^~I jJOd WVOH un '9 'daS TRANSFER ASSET #24-0391, ROSCO RMT 1000 ASPHALT DISTRIBUTOR, FROM PRECINCT 4 ROAD AND BRIDGE INVENTORY TO PRECINCT 1 ROAD AND BRIDGE INVENTORY: A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to approve the transfer of Asset #24-0391, ROSCO RMT 1000 Asphalt Distributor, from Precinct #4 Road & Bridge Inventory to Precinct #1 Road & Bridge Inventory. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. I~enneth w. Finster County Commissionel" County of Calhoun Precinct 4 August 29,2013 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioner's Court Agenda for Sept. 12, 2013. . Consider and take necessary action to transfer Asset #24-0391, Rosco RMT 1000 Asphalt Distributor, from Precinct 4 Road & Bridge inventory to Precinct I Road & Bridge inventory. Sincerely, ~U/.J~ Kenneth W. Finster KWF/at P.O. Box 177' Seadl'ift, TX 77983' email: kenny.finstel'@callIouncotx.org' (361) 785-3141' Fax (361) 785-5602 BUDGET ADJUSTMENTS: A Motion was made by Commissioner Finster and seconded by Commissioner Galvan that the following Budget Adjustments be approved. Commissioners Galvan, Lyssy, Finster and Judge Pfeifer all voted in favor. 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I- W Cl Cl :l III I- Ul :l .., Cl c( Z o Ul c( W Ill: I- Z W :a; Cl Z W :a; c( -J ~ ..... g :lE '"' :::2 '"' .... ;:!; ::i! 0 51-1-1-1-f-1-~ zzzzzz.- ~~~~~~15 (')(')(')(')(')('):;;; oooooo~ zzzzzZUj '" :;;; ZmlJ)mO)Q)Q)<( ....(J)Q)Q)Q)Q)Q) :SQ}(J)Q)Q)(J)(J) 0:: ... uouou UJUJwww 0::0::0::0::0:: 0..0..0..0..0.. uJUJwwW;2: OOOOOw <>:<>:<(<(<(f-- ~wwwwwU) ..::::;a...a...a...a...a...>- ;!LLLLLLLLLL(/) ....ooooow tiwwwww2 CUUUOUI- ~i=i=i=i=~ U)U)U)U)U)---, ~~~~~o <h<hch<hc.h~ WWWWWI- ~~~H:H:~ !il!1.... N (") v LO 0 ....COCOCOCDCDN ~oooooo ~vvvvv<D cvvvvvv '" c c '" '" '" 0_ ~ '" g~ g ~ ~ c '" ~ co" '" ~ ~ '" <:> c c '" '" '" ~ :g ~ O~CN. 'l:"'" ~ 0)" fA EI). ~ ...J -J ~ ~ 13 ~ ~ ~ "tl ~ ~ ~ > >- w (!) n:: 0 -J o ~ (j ~ ,... !5 o (j lJJ (j j:: ~ ..., "' ~ o "' ~ ;:!: ... 0)" ~ ~ ~ '" ~ o '" ~ ifi ~ E Jll 0. ID (f) >. m " '" ID C " :1! GENERAL DISCUSSION: Susan Riley asks that any items that needed to be put on the next Commissioners' Court Agenda be turned in as soon as possible. Court adjourned at 10:50 a.m.