The URL can be used to link to this page

2010-10-14 Regular October Term Held October 14, 2010 THE STATE OF TEXAS COUNTY OF CALHOUN ~ ~ ~ BE IT REMEMBERED, that on this 14th day of October, A.D., 2010 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 a.m., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to-wit: Michael J. Pfeifer Roger C. Galvan Vern Lyssy Neil E. Fritsch Kenneth W. Finster Wendy Marvin County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. APPROVE MINUTES OF SEPTEMBER 9, 2010, SEPTEMBER 21, 2010 AND SEPTEMBER 23, 2010 MEETINGS: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to approve minutes of September 9, 2010, September 21, 2010 and September 23, 2010 meetings. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. MEMORIAL MEDICAL CENTER REPORT: I / Jason Anglin presented the Memorial Medical Center Financial Report for the month of August 2010. ~ ,,/ / Interim CFO Report August, 2010 Statistics (Volume) Volume for August was the highest for any month yet this year. Total admissions, Acute, Swing Bed, ICU, Pediatric, and DB for August were 206, and Total Days for the same group were 655. Both are the highest for the year. Volume in most other departments was also strong. ER visits were 890 and Clinic visits were 1391. Total Pharmacy was 16999. Balance Sheet MMC received $277,932 from Texas Medicaid for the 2009 Medicaid Cost Report. The amount expected from the Cost Report filing was $315,666, and the difference of $37,734 was the result of an 8% reduction enacted by the Texas Legislature. The difference was booked as a loss in August. MMC received $50,000 from the sale of Home Health which was booked in August. The actual cash was received 9/10 in a check from Calhoun County. Income Statement In summary, volume was up, gross revenue was up, contractual deductions were up significantly, expenses were down, and the loss from operations was $24K. Part of the deductions increase was from the $38K reduction in the amount Medicaid paid for the 2009 Cost Report settlement. Contractual Adjustments are also up significantly due to the correction of the booking entries for disproportionate share payments and the bookings for the public upper payment limit program. The expenses are down in the employment benefits area due to the correction of the accruals for health insurance. In total, net revenue for August was $1,515 and total expenses were $1,538. The operating loss for August was $24K, and the year to date loss from operations was $303K. Subsequent Events MMC repaid the $500K loan from Calhoun County 9/9/10. MMC paid CMS (Medicare) $321,279 from the 2007 Cost Report Audit on 9/7/10. Part of this will show as a loss in September. MMC received $81K on 9/3 for the 1998 Medicaid Cost Report. This will show as a decrease to contractual adjustments (increase to bottom line) during September. MMC paid Texas Medicaid $25,804 for the 2008 Medicaid Cost Report Audit on 9/13. ~P?-- d Duane P 'Doc' Coulter, FHFMA Interim CFO 9/20/10 if) I- W (J) (J) <t I- W Z Z if) W C> Z <( J: U o Z <t u) W (J) Z W a.. >< o::W W - 1-00 ZW W::J UZ -,WI- <((UW UO::C> - Cl Clu.::J wOIll 2 I- . -,z(J) <(w> -2-' o::w<( Ol-::J 2<(1- wl-U :Eoo<t ~"O ~ eft. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ eft. eft. ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (/) Ql M ~ I.{) I.{) ~ 0) (D N (D 0 1'- 0 0 0 Ql CD 0) N (D "<t C'? 1'- C'? (D N 0) "<t N "<t 0) "<t () (/).. I.{) N 0 0) "<t (") "<t <C! I.{) 1'- 1'- (") 1'- 0) N 00 ~ 00 I.{) 00 (") ~ ~ I.{) I.{) (D I.{) 1'- ell ell u;i c? <Xi ~ u;i C\i <ri -, 1'- C\i <Xi _.. (D ci ClI ~"O ~ ~ ~ (") co ~ ~ ~ N I.{) 0 '? '9 I.{) 0 00 I.{) 'i: 1: :::I C'? ~ , , :> 00 :> M ~ ~ 2m is N is 1'- ClI r:: 'l:I: 'l:I: ~ e "' 0 C>= ~"O M a) U1 0) ~a)~ "<t 0) ~ "<t I.{) 0) U1 N;::- N N 1'- 00 0) "<t 0 co r::. 0 I.{) I.{) cn ell "<t 1'- C'? (D I.{) 0) 0 0) ..... ..... ..... N N (D M ..... (D 1'- (") 1'- I.{) 0 0 (D (; ell. cn.. 1'- ..... "<t "<t 1'- 00l "<t N (D "<t, 00 N ~ N Ol, I.{) 1'- 1'- 0) 1'- 00 "<t , 0 (D 0) , I.{) () ell ell cxi C'?' <i oj c<'J' erir--: <i 0 <i (") ~ cxi (D cxi ..... t.ri' N ..... 0 ..... <i cxi t.ri' u:i ro oj r:: .J0l 0 "' 1::~ "<t 1'- N 1'- ii "<t I.{) I"- 0) ..... ..... "<t (D (D lO (D t:. N l"- N lO 00 ~..... N "<t N 'i: ..... 0, ~ Ol ~s ~ (") ("), N N 0, ~::!. ~ ..... v, M (D (D 0, ClI 2m ~ s s ..... ..... > ClI ~. l!! C ~ tll C> .r. .. CD 0 (D 0 0 0 0 5' 0 (D 0 v v 0 "<t v 0 0 0 0 0 00 a) CD V 0 N (0 c<'J 0 c<'J 0 0 0 0 0 0 C'? 0 (D (D 0 (D (D 0 0 0 0 0 N N M (D 0 1'- I.{) .. M, 0 (") 0 0, 0 0 0 0 ("), 0, (D <0, 0 (D (DO 0 0 0 0 M M, , C'?, co 0 , (D (D, ~Cl M 0' eri ro (D 0 u:i 0 0 (") 0 0 0 <i u:i (D'ro N "<t' ro' 0 t.ri' ..... M (D N cxi N (") 0 (") v (") 0 (") 0 N ..... a) 1'- I.{) (D (D (D ro (") I.{) (D ro I.{) 0) ~ N ro "01- 1'- (D, ("), 0) ("), ro l!) ::!. N ..... ..... N I.{) ..... 0 v N 0) v Ol ~ ~ :::1>- ai 0 0 0 (") I.{) t.ri' t.ri' u:i N N eri I.{) m N (") ..... ..... Ol N ..... 0) (D N co v 0) N v Ol (") l!) N (") N Ol 1'- N 0) v a) 0 M 0 I"- Ol 1'- N 0 (D v 0 Ol 0) N a) ..... 1'- 0) I"- 0 (") ~ I"- (D N (") lO 1'- (") Ol 0 (") lO a, a) Ol "<t N, Ol 0 v (D, v, v a) I.{) "<t 1'-, I.{) N I"- 0 1"-, v, a), , C'?, 0) 0) , N (") (00 N CD cxi 1"-' N en ro <i 0 ro C'? t.ri' a) r--:' cxi v eri ai I.{)' 1'- ..... 0 N 00 ai 0 ai' u:i a) N 0 N N I.{) l"- I"- ID Ol 0) 0 0) 0) 0) ..... I.{) I.{) I"- 0) 0 0 0 ~ l!) v "<t BI- 00 l!) v Ol, 0, 1'- C'? ::!. I"- (") (") CD, I"- ..... (") N CD (D l!) ~ (D (D (") ~>- ai ai ai ..... (") t.ri' M tll C ~ ~ "' C>:S ~"O (/) ell CIl (/) .. () CIl Ql C-ICl .~ 1:: -g m2ro > m C <I') l!! <ll C>= Q)~.r. 0':1.., C "0 ... 0 ~..g~ o :!::: '(u :€ M Booo ()~O <( "0 ..... C W ~~~ vl!)lO cO~cri 00 0 ro (DNv (D,1'- 0) mt.ri'C'i Q) CD (") ".- ~ 1'- 0 1'- CDO(D (DO <0, <ri"u)"-r- ~1'-0l NlO1'- -r-~Nr0 l!)0l!) (")a)..... (")NCD (D ai t.ri' ~ON "<t,l!),m ..... N (") en W ::) Z W C/l > UJ W ::J 0:: Z UlW W wO > Ul ::) > UJwzo:: !X:::)ww WZ>Ul UWwf- >>o::z ffi~f-W C/lf-dJ~ f- dJ i= CL ffi i= ;:[. <(..J <(~ i= CL f- f- ~z6~ -;:ft?~~cJ2.'(f!.cf2. ~mCo(J)C")Cf) (")a)00l!)l!) ai~~LONo N LO~~(v) ~ U:, <0 (") ":' ?ft.?f2.c{2. 1'-l!)1'- ocoro 0l(")C') a) 00 LD N en 0',...... NOl!) LD 1'-,0 ;; t:::~U; v NI.{)O ~(D"<t (")NOO oenci LDOOa) -. ~ L{) N (J) 00 CD "<t :!. r---VO OLDCD en. lD, "<t, ~ (") lO L() l 0000 0000 OOO,LD 6r--:ON OCDLI)O ~m, 00 00 LI) 0 ror--: (D..... (")v~ 1'- (D ..... (J) o:l a) o '" C'? o C0 CI) Oa)a) 6ro<Xi ~ ..... 0)01'- NOLI) 0(")0 OA ai ~ I"-Ol!) I'-v..... OOLl)O 00(D"<t CO,C\!C'? CDCOC'? .....(")a) ~v N L{) I'- N N "<t v ['--.. 1'- ('!) Doom m(")N ~-~- o' N' ,,- CO f'-. > Ul UJ r- UlUl 0:: 8 f-o_W U <( ~ i;;Ul@UlUl~:? f-f-f-f-~Oo ffidJb3dJwffi2 ~~g~~~~ CL~O~::)O~ 2.Z.00Z OO::)O<(ZO ff:5~~w~i= C/l:3<(o::~~g ~tJ~~~ii5@ t;~ffi~ffio~ 5~~<(~~~ ~8~i3~o~ Ul W ::) Z W > W 0:: W o > 0:: W Ul f- Z W i= <( CL r- W Z W ::) Z W > W W ::J 0:: Z (9 UJ Z > i= UJ <( 0:: 0:: (9 W Z W CL i=w::)O ~~dJffi UJ W > :r: CL>Wf- Ow 0:: 0 0:: 0:: 0:: ..J !i! 'if !i! ~ f-<(f-O 0001- 1 ~ o N (D ci ~ ~~~~ O)I'-NO ~~~r0 , , ~g;~~ OONa)OO L,(j NN ";.J N~ .'" ,0 "<t, c', (J) ~ NOM(DNCO r-C'\lL()t00r- vON(DN"<t ~.~.~. ~~(O- ~ NN N r- ..... c.-)' <.0' L{) :! o o o co o m, (")(V) 0 C.JO (")(")OOLD a)0000r--- 0' cJ .,: -q:' ~. NI'-(DI.{)C'? 00 '" N oOCO o 0 ~ OOv en6:)' r--:' L,(j' f'-, "<t l{) I.{) (D ~-N a)(DN'I' 'q"~,""""cn I.{)vl'-N M N (")' 00 ,"01'-C'? LD L{), ~ W ::) Z W > W 0:: (9 Z i= <( 0:: W CL o -' <( I- o I- Ul Ul W W Ul C/l Z Z W W en a.. CL UJ UlUl i1i i1i ~ r-W~;:t(9 (9 W ffiifoo::z z a.. Z-'i=wi= i= i1i w~<(ffi~6<( (9 ~offi(9Wi=ffi ZUlW(i)o....Jo..<(CL i=W>-UlO~OUO ~~9if~a:ffi~;;;! *;%~~~~5~8 eft. LD LD N 1'- cf?~* eft. (QOO '("- 00 0 o;!ggo~ :> ~-r-;-> (3 is :!J: 'Ii: ~' OJ <0. N <0 (0(")0 <'0 C0 I.[) I ~.("") "- (")~ (0 ~ '=t cD ~. f'-. '" 0 CO(")ll) CDC')I'- ~ ~N. L{) N 1'-, C'? ~ ~ C') I ~. l ~ (j) IJJ o 2 W :2 o o Z (9 Z i= <( 0:: W CL o W ::) ~ UlZ>- I- W Z > i= <( W 0 ~ 0:: 0:: <( > (9~(9 i= W oi=z o :2Wz<(i= <(>-OUl<(o::<( moOZUlwO:: .....-~WZCLW ZC/l 0..000.. ~~~i1ii=z~ ~~~~~~3 ozenO::f-w<( z::)WWZ:r:r- 00>1-01-0 ZOZZOOf- ~ ~ 00 ", r~ 1'- 'I' 'I") 00 (") o M (D 'I' co o -- N (") (") t.ri' ~ ..... (") , "<t, ~ ~ 0) C\! N ~ IJJ f- W C/l Ul <( I- W Z o f- eu Ul ~ 0:: o W o B:i C/l ~ 0:: o Z ~ a: W I- Z W U ...J <( ~I- ow WW 2:I: ...JUl <(W -U a:Z 0<( 2...J w<( 2(1] ..... 0 ..... I()MN 0 00 '" ..... 00 ",8", 0 '" 0 00 00 <0 0 (]) 00 N 00 (]) 0 ~ 0 0 '" 0 '" 00 '" '" ..,. ..,. ..... '" '" g <0 0 (]) "I '" '" (]) ..,. ..... (]) <0 0 0 "'. 0 "'. 00 "1<0 '" '" (]) (]) 00 '" <0 <0 0 '" <0 <0 '" 0_ '" '" 00 <0 0 ,... <0 Oi 0 Oi 00 0- co. 0 N ",' 00 ,...' ",' 00 ,..: <Ii <Ii 0 0 00' ,...- ,...' g N '" <Ii ..,.' ~ 00 ",' 0 '" '" "I co (]) '" <0 '" '" '" '" ;:;:; '" 0 co ..,. '" ;;; ..,. <0 0 co 0 ;:;:; '" ..,. '" '" <0"'''' '" ..,. '" <0_ ..... "I '" "I '" co ~ ..,. co '" 00 '" '" ..... 0; N N <Ii~..; ~ N 00 '" N N ..; 00 00 "I' 0 N~ '" 0 '" tii<DOO 0 00 00 '" ;::. "I co- ..,. "I "I 0 '" 00 <0 co ~~ 00 co ..,. 0 co '" "I '" 8 '" 0,... ~ <0 '" '" ..... '" '" ..,. <0 8 0 '" '" '" ..... "I 0 <0 ..... '" ..,. 0 ,... ,... 0 0 0 '" <0 <D '" ~ co "'. ..,. <0 "'- <D co "'- co "I V <D '" ~ v ..; 0 ..; N a; ..; '" ,..: 0 ",- '" <D.~ v' '" 0 00 00' 00 '" a; '" ",' ;i '" ;;) '" '" 0 N ..... '" ..... '" 0 "I '" ,... '" co ;0 00 '" 0 ..,. ..,. '" ~ '" co 00 '" <0 00 !:! v '" '" '" '" <D 00 '" 0 ,... I"- '" '" o. ~ '" 0 '" 0 '" '" ..... ..... l"- N N <Ii ~ ..; N N 00 '" ",' ~ '" ..,.' 00 00 N 0 N~ N 0 N ..,. <0 co '" ,... 0 <D "I '" co- :;;: "I "I 0 '" co '" '" '" '" 00 '" ;::. 0 ;::. "I 0 0 0 0 N v '" ,... '" ;:;:; ..,. <D 8 0 "I 0 0 <D "I'''' ..... <0 ;0 CJ, 0 ..... 0 ...... 0 0_ '" 0 0 '" <D '" <0 v '" 10 "I ,~ <0 <D "I <Ii 0 <D 0 a; ~ '" 0 <Ii <Ii <Ii '" 0 <Ii 00 <0' 0 a; 00- 0 ",' N ~ N '" '0 <b- oo ..; 00 a '" 0 '" N '" N '" '" '" '" '" '" co '" '" 0 ..... " 0 '" '" 0 '" ,,~ '" '" co '" "'. <D '" 0 '" '" v ..,. ..... <0 '" N u, '" ~ '" I"- '" O. '" '" "1<0 '" <D ~ <Ii ~ '" N '" N 00 '" N' N ~ ",' ro '" N 0 '" ~ ~ '" 0 '" CO<D N 0 ..... ;0 I~ '" '" m 0 0 '" 0 N 00 0; <0 <0 '" co 0 00 0 "I '" 0 '" 0 '" '" 0 (]) 00 ..... ,- '" '" ..,. N I"- <0 0 0; "I '" '" '" 00 0 00 '" "I 00 ..... 0 '" 0 '" 0 lO '" "'. ..,. '" '" 00 co 0 '" 0 N, m 01_ ..... '" '" lO 00 0 0 6 '" m or'- ..,: '" '" '" '" <Ii 0" a; ",' 0 ,..: cO ,..:' ,,' '" N 'r'- ,..: ~- ,..: N' ",' ~ "I 0 N '" 01 (]) m 0 ;:;:; co, ..... '" '" '" ~ '" 0 00 .,. '" '" co '" ..... 0 ..... ~ '" o. '" e'). 01 lO ,... 0 ,... '" '" "" ~ '" ..... 00 o. '" '" '" '" ~ ~ ~ ,..:' :::: N N '" N 00 " ~' "i ~ '" ",' cO N '" ~ ~ 0 m lO '" '" - " ,~ '" 0 " '" co '" 01 0 m O} N ,~ e') ,." co 0 <0 ro ;:;:; <D ~..... co 0 <0 '" co 0 0 N '" 00 0 ..... co 0 co ;;:; 00 ..... "I " co ", '0 0 I'. 0 I~ 0 ~. " '" 0 '" " '" u, ~ '" "" co 0 "" ", I~ '" I"- cr, I"- ". N ,..:' ci ,..: ro ro' 0" ro " "':' '" 0> '" cO '" ,..: (0 0 0- 0- ci N ,- N u; ,..: u'i N oi ..... a "" 0 "" '" co ill 00 '" 00 01 '" 01 '" I"- '" 0 '" 01 " '0 co I"- '" '" '" I~ M 01 '" "': ,r, '" I"- .... l"- e') "" 01 0 "" 01, "I U? "" ~ CO <D <<, ..... N "I ill. " ~ ,..: ~ '" I~ N cO '" ;: N ~ (..,- ",,' ",' ~ 0 N ~ ~ 0 0 0 ro m '" " "' '" ,~ '" 0; 0- 0; t., N 0 "" <0 '<j- I', 0 ill '" ,~ N "I ..,. I" I~ 0 I"- 0 I"- 00 <0 I~ I~ 0 CO 0 "I 0 ..... :; "" ,~ N " 0; II') e. 0 '" 0 '" "I ..... e') '" 'I' "I "I ..... " ...... CO 0 ..... "<, "'l <D 0 I~ O. CD '" <Ii 0 <Ii '" ,t'- '" N ,,' ,..: <Xi N '" N '" '" ci ci ",' CD ",' o:i In' 0; <Ii <Ii M ,..: ~ '" 0 lO " '" '" ..... '" 0> co ro '" "I 0; '" '" 0 N Q) '" '" co N 0> co 0 "I '" '" 00 .....0 <0 .... ..... '" co_ Ol 0 '" '" lO '" " 00 01 0_ 0 "I '" '" !:! ~ ~ "'::i '" ~ N 00 ,,' N N ~ ..,: ro o:i N M 0 '" ~ ~ 0 0 0 o. ii) '" "> U) N I~ '" '" ~ 01 v "I 0 I~ 'f) 00 ", <D '" '" '" N 00 0 v co 0 co <0 0 co co co '" '0 " '" '" .... co 0 Q) ..... e') co co N I"- '" v 0 '" ;": 0 ill 0 '" co 0 co '" .... "I '" ""- '" co <D co 0 co " 00 "'. C1l 01 '" 00 ..... lO '" <Ii 0 ",' lO' a; <Ii N ..,: o:i ",' ;0 ..; co' co' W ",' 0 <Ii v' 01' " N ..,: .....- <Ii '" M W 00 co 0 <0 <D 01 co '" "" " 01 0; ,,<0 '" 0 <0 ::;: '" '" C1l "" ..... '" v co N --: '" <0, 0 '" v " ,~ lO co 01 01 <J>, '" lO '" 00 '" o. co "I '" 01_ N - ~ ,..: ~ M ~ ,.,; ...... ..,: C'.!~ ~ '" 0:;' cO :: 0 '" ~ ~ 0 ..... c0- Ol '" ;:;:; I"- 0 '" -;- co 01 co 0 v I"- 00 "I 00 co V '" '" lO 01 :;: 0 :;;: 0 '" co '" 0 01 v , '" '" ..... ill ..... 0 ro~ 00 '" '" 0 0; '''' " '" I"- 01 0 0 01 I"- Nv " "" 0 00 01 "" v. 0 0 "I '" "'- "'. ..... co. '" v '" 0 ..; ,..; m ..,: N~ " N " M 0 N " <.0 0 ::;: N M ",' ~ ;;; '" '" <ri ;0 ro " ;;). 0 ro. ..... 01 ..... U? co '" v 0 ..... '" '" '" 0 0 ro '" 0 '" '" 01 '" S '" '" co co '" I"- '" ~ "'- 01 "" 0 <0. '" e') V 'n '" co "I " <D '" ~ ~ ,..: ~ 0'- ~ N ,..: <Ii N N ~ '" 00 cO N 0 "I S ~ ..... 0 I"- '" 0;- 0 '" ;:;:; '" ..... '" '" " e;;- '" 0 '" 0 lO "" '" '" co "I co 00 " e;;- '" 0 "" 0 00 0 '" ..... l"- N 00 '" ..... '" " '" <0 co 0 '" 00 " 01 '" 00 '" CD W l"- V <D '" ..... 0 I"- '" ..... I"- U? V 0 <D ..... 00 0 "" "'. 0 0 '" co " "'- 00 "'- "I "" ,... '" ~ 0 0 ci ..; 01- ..; '" ..; 00 ",: 6 <Ii '" 0 '" <Ii 0 ",' "':' <Ii ;:;:; ",' '" '" '" '" '" 0 '" '" ;;; '" ;0 M co " ;: ..... ..... '" co '" N 0 '" " '" M " '" '" '" M M M '" "I O. co " ..... '" "". "" ..... 0 <0. '" " ,') ..... "I M '" ~N "'- N ~ ...... !i M ~ ~ ,..: <Ii :: N- ~ '" "'; 00 :: lJ) f- Z W lJ) :; f- f- Z (/) UJ W --' > ~ ~ 5 ~ o <( w I I lJ) ~~() UZ--' cn~~g ~ ~ ~ 1-- ~ ~ ~ (/) --' <( => f- U <( f- '" UJ ~ z. 0'" u:;;: f- 'f- zWz wUw j::~j:: cf.?;cf. o '" .--' :;;:;t "j ~ w lJ) '" o >- <( 0.. >- f- '" <( 0.. a ",,,, w'" It-' f-lJ) Ow f- Z W '" '" :::J U >' f- ~~ wo.. ",a "'w Bs ~~ "' . Ww a --' CJ)::t~ w"'>- i=LU<( :J I- o. - '-' W "'Zf- ~OO -'--'Z w ~ w lJ) '" o (/) >- w <( >= 0_ :-j >- u) 05 ~ ~ ~ ~~...JVJ~~~ ma::....JI-..JI-~ ~:~ft~~~ a:U)~m~~o ~wo..",Q,CI);t z~@fafB@b 5~~~~~1- U>-00UU u<(uuou <(CL.:{<(<(<( lJ) f- lU f1J lJ) <( f- Z W '" '" => U '" w lJ) I ~_ 1- UJ 0 (/)--' U)cn~ 0<(0 ~ffil- wI "'f- 0.. 0 lJ) '" o f- Z <( '" '-' o Z >-<( /DlJ) a'" ~~ o=> _/D l!~ (/)f- IU Z '" 0 IU lJ) <( U f- Z IU ,~ ,:::J U "- o f- lU Z ,..: /D W o :; '" W I- e> Z g (/) w >= :J iii <( :J ,--, <( f- o f- ClUJ ~~~ Zwz ffi~~ /DaW ~~:::-~ WwWw ~~~~ ct<(W<( l- ~- 5 ..... ~~~~ If) f- W lJ) lJ) <( f- W Z a Z <( CI) w >= :J iii <( :J --' ;:: o ,- f- f- W Z Z Z ~ov) ~~~ ~~~ 06a..<t. ~~t: sa~ D..~~ ~~;:: ~~8 00 '" U 0.. <( lJ) f- W lJ) en <( ;t f- o ,- ~ ~ >. 1Il /D '" <{<(o > > f- ~~~ ~~~ 2 LU -' [II 0::<( LU> I-W ZU LULU Uo:: -'en <(I- uz -::> filo :iEU -,u <(<( 0::1-0 Oz.... LU- :iE-.... LUI-t? 0:::: <(CO cO-o LU U Z <( -' <( en -' <( 0:: l- e LU C> <( ~ ;$2. -q-?f? I'- ;$2. c.o?fl r.nQR. L()?fl. 0 0 M l.i') I'- (D N 0> 0 N I'- ro 0 ro M M ~ ~ (D N co.N ro 0 -' (D ro 0> CD I'- rxi~ <( ~ 0> 0 l.i') I'- l.i') l- N "t ro M I'- (D. 0 N ..- ..- CD I- CD'Cf. N'Cf. M'Cf. 0>'Cf. "t'Cf. "t'Cf. CD I'- '0 M "t 0 I'- N 0 "t CTl..- "t. ~ 0> ~ ro. M MN 0> N "tN .... (D (D 0> N 0 (D N I'- (D M 0 N 0 .... M N M "t "t. AI ..- l[)~ 0'* ..- ;$2. m?f? .(0 ';f? ",;f!. 0 I'- M "t l.i') N I'- M M 0 l.i') ro CTl 0 ro 0 ro. 0> ~ N.. ~ ro N (D "t .M ..- I'- M .... I'- N l.i') ro (D 0 Al ~ N (D .... 0> ... l.i')cF. CTl'Cf. "t ,0 0 ;$2. L{)?f. C")cfi 0' 0 ro CD "t lD I'- 0 ro ..- I'- ro (DO 0 I'- I'- ~. ..- "t. ..- ro -r- l.i') ~ m M M 1'- C)) ~ (D AI N N 1'-. '<to ~ ro ~ ..- M (D ..... w ro ;$2. o'#. ocf? M ;$2. ro'Cf. m'*- 0 0 M 0 "t CD I'- l.i') ro ..- "to f'-."t 0 "t ..- 0 '<"""" l.i') ..- N ~ CON ~ ~ \0 0 ~ 0 M N ro AI N CO N "t l.i') ~ N ..- ..- M C)) .... M o~ C'0'#. m~ l()cf!. NcJ2. co'Cf. ro "t N--- Ii? 0> ~ M CTl "t CD CD N (D <.D.<.D N. M CD. '<t 0> N f'-.."t 0 0) N I'- (J) "t M M ~ 0 ..- I'- N '<t "t M M l.i') "t 0 VI ~ M ~cft.. yt';f!. fh~ w'cft. tA-'cft. vt?fl. en en <( -' -' U <( -' LU U <( 0:: e 0:: U <( LU <( LU I- Z U U en :iE <( -' <( <( C:S C:S [II :iE > I- Z LU LU U 0 0:: 0 LL. :iE :iE [II U 0- I- 3 '- rn :; u 1:: rn 0.. '- '03 :S .... o >. Qi > :e Q) 0.. rJl Q) '- ;$2. o o o '- o ('Q E C!J :S 4- o ~ o ..- "0 c: rn '- o =+ .8 E ::l rJl >. rn E rJl Q) OJ OJ rn c: ..... '- c:"O (]) c U ::l '- 0 Q) '- 0..0 "O-;j; C ::l rn"O 2i::' c 0 ::l OJ o Q) E..... <:( ~ LU I- o Z Li.i -' co <( 2:: LU U LU a::: en I- Z ::> o U U <( I- Z LU i= <( 0- Z CIJ >- <( e UJ C> ~ LU ~ f'-. (j) (D M ..- M r-- M CO l.i') r-- LU M Z ::> ..., >- <( :iE .N (j) o "t -' 0:: 0- <( N co (D l.i') :r: U 0.:: <C :iE N ..- N (D >- 0:: <( :::> a:: [II. LU LL. ~ 0> C)) In >- a::: <( :::> z <( ..., ro (J) M (D a::: LU [II :iE LU U w e (J) o "t CD en en o 0:: C> MEMORIAL MEDICAL CENTER CAPITAL ACQUISITIONS FOR PERIOD ENDED 08/31/10 MONTH DESCRIPTION DEPT BUILDING EQUIPMENT TOTAL 01/10 BI-DIRECTIONAL INTERFACE ER $ 8,100 NEOTOOL INTERFACE ENGINE IT 20,700 SUB-TOTAL - 28,800 $ 28,800 02/10 OILLESS COMPRESSOR PLANT 9,710 SUB-TOTAL - 9,710 $ 9,710 03/10 KARL STORZ ENDOSCOPY SURGERY 5,846 . BEDSIDE MONITORS (2) ER 14,802 SUB-TOTAL - 20,648 $ . 20,648 " $ 04/10 NA - - - 05/10 N/A - - $ - 06/10 N/A - - $ - 07/10 N/A .. - $ - 08/10 N/A - - $ - TOTAL - $ 59,157.76 $ 59,157.76 4 MEMORIAL MEDICAL CENTER PATIENT STATISTICS AUGUST 2010 THIS MONTH THIS YEAR LAST YEAR THIS MONTH LAST YEAR TO DATE TO DATE PATIENTS ADMITTED 127 112 843 902 ADMISSIONS FROM ER 32 25 170 186 AVERAGE LENGTH OF STAY 3.68 3.46 4.09 3.81 PATIENT DAYS OF SERVICE 467 388 3.450 3,433 PERCENT OF OCCUPANCY* 60.26% 50.06% 56.56% 56.28% AVERAGE DAILY CENSUS 15.06 12.52 14.14 14.07 , MAXIMUM ON ANY ONE DAY 20 21 22 23 MINIMUM ON ANY ONE DAY 9 7 5 6 ADJUSTED PATIENT DAYS 1,294 1,358 10,310 11,271 SWING BED ADMISSIONS 13 2 57 26 SWING BED DAYS 91 18 447 328 ICU PATIENTS ADMITTED 22 19 143 199 ICU PATIENT DAYS 58 48 360 488 OB'S ADMITTED 6 20 83 91 OB DAYS OF SERVICE 15 51 212 205 PEDIATRIC ADMISSIONS 6 2 31 24 PEDIATRIC DAYS OF SERVICE 24 5 '101 56 NEWBORNS FOR MONTH 6 19 80 85 AVERA.GE LENGTH OF STAY 1,83 2.05 2.11 1.88 DAYS OF SERVICE 11 39 '169 160 MEDICARE PATIENTS ADMITTED 66 49 442 474 AVERAGE LENGTH OF STAY 3.91 4.16 4.67 4.41 DAYS OF SERVICE 258 204 2,066 2,091 MEDICAID PATIENTS ADMITTED 18 25 124 140 DAYS OF SERVICE 53 80 410 434 DEATHS 3 5 23 25 AUTOPSIES 0 0 0 0 SURGf;RY: INPATIENT PROCEDURES 13 8 96 88 OUTPATIENT PROCEDURES 68 105 540 670 CESAREAN SECTIONS** 2 5 30 23 TOTALS 83 118 666 781 *Based on 25 beds 5 THIS MONTH THIS YEAR LAST YEAR THIS MONTH LAST YEAR TO DATE TO DATE OUTPATIENT VISITS 1,391 1,410 10,369 11,281 EMERGENCY ROOM VISITS 890 895 6,630 6,886 TOTALS 2,281 2,305 16,999 18,167 LABORATORY: INPATIENT PROCEDURES 6,818 5,560 42,998 47,704 OUTPATIENT PROCEDURES 18,282 21,965 130,768 182,981 TOTALS 25,100 27,525 173,766 230,685 RADIOLOGY: INPATIENT PROCEDURES 156 99 819 833 OUTPATIENT PROCEDURES 761 775 5,973 6,802 BONE DENSITY 13 14 110 102 NUCLEAR MEDICINE 70 81 619 653 UL TRASOUNDS 160 162 1,263 1,309 CT SCANS 248 247 2,019 2,118 MAMMOGRAPHY 86 114 656 784 MRI 130 138 891 944 TOTA.LS ~ 1,624 1,630 12,350 13,545 PHARMACY: IV SOLUTIONS DISPENSED 1.235 1,093 9,055 9,527 DRUGS DISPENSED 14.272 8,995 100,073 88,644 HIGH COST DRUGS DISPENSED 1,492 1,501 10,883 12,097 TOTALS 16,999 --------11',589 120,011 110,268 RESPIRATORY THERAPY: INPATIENT PROCEDURES 766 448 7,985 7,528 OUTPATIENT PROCEDURES 191 167 1,902 1,842 STRESS TESTS 3 7 56 46 EKGS 230 227 1,584 1,702 EEGS 2 3 23 14 TOTALS 1,192 ------- 852 11 ,550 11 ,132 PHYSICAL THERAPY: INPATIENT PROCEDURES 607 203 3.620 3,232 OUTPATIENT PROCEDURES 1,010 1,267 10,042 12,525 HOME HEAL TH VISITS 0 91 379 936 TOTALS 1.617 1,561 14,041 16,693 6 THIS MONTH THIS YEAR LAST YEAR THIS MONTH LAST YEAR TO DATE TO DATE HOME HEALTH CARE: MEDICARE VISITS 12 624 3,744 5,265 OTHER VISITS 0 41 202 393 ST/SS 0 0 1 6 TOTALS 12 665 3,947 5,664 DIETARY: MEALS SERVED TO PATIENTS 1,683 1,230 11 ,963 11,884 MEALS SERVED IN CAFETERIA 3,948 4.427 35,050 33,962 TOTALS 5,631 5,657 47,013 45,846 7 RUN D.1I'1'1;;:09/13/10 TIME: 14 : 36 l1E~lORr.1\L I~EDrCAlJ CENTEH CHECK REGISTER 09/01/10 THRU 08/31/10 llANK~ "ClfECK- -..""..-...,.. --.. - - ....... -.. _..... -...- - -....' -.. -- - .... .-.. -... _. ___.._ CODE NUMBER Oll.'!:E MlOmi'I' PAYEE PltGE 1 GY"CKREG -._~_____________W______~M~______~_~~_'__~___M__...___-----M_..~_..~____M_~__~_____M_~..___~~__ 'N_'.~_.'_'.__"_W__~_____M"_'.___.'____"____M___ A/P 140107 08/05/10 26,666.00 WILLIAM MCFARLAND A/P 140108 08/05/10 58.88 GREG CO~IART , CRNA A/P 140109 08/05/l0 70,00 JENISE SVE'rLIK It/P 140110 08/0S/10 107,50 DYNAMIC DIAGNOS'l'ICS me MP 140111 08/05/10 485 ,00 WILLIA!1 E HEUKlIJ1P, TRU A/P 140112 08/05/10 3,415.15 DUANE p COULTER AlP 140113 08/05/10 17,377.42 M11C EHPLOYEE BENEFITS AlP 140114 08/05/10 32.00 TAHI MALDONADO A/P 140115 08/05/10 2,000.00 RHINO !1EDICAL SERVICES AlP 140116 08/05/10 11,375.00 MARK GORMAN, CRNA A/F 1.40117 08/05/10 1.77 ,,69 LESLIE ANN SOLIS AlP 140118 08/05/10 2,272.40 GE HEAL'1'HCll.RE OEe AlP 140119 08/05/10 1,800.00 ACRS AlP 140120 08/05/10 656.78 AMERISOURCEBERGEN DRUG A./P 1401.21 08/05/10 1,967.23 CARDINAL HEALTH 'A/P 140122 OB/051l0 37,,36 AU'J.'O PJI..H'J.'fi I< MACHINE CO AlP 140123 08/05/.10 20.00 J~i\.NE B1l.!lNETI' AII' 140124 08/05/.1.0 52.50 BRUCE'S Au're REP1UR .l.../P 1.40.125 OS/()51l0 5,9/17.00 BECKMAN COUI/fER J:FIC A/P l~,O 126 08/05/10 '190,00 HBST WE S':rEiThl POR'r I,IWAC All' 1401.27 Oll/OS!:l!) ZUlO OJ, C0i1:! li'EDBRll.L, CREDtl,f Ail' 1401211 08/05/10 ,,4.S(L, ?~1 CALHOUN COtJliI1'Y 'AlP J.40129 08/05/J.0 G"t21..J6 GREGORY vi COHln;:~tf' AlP 14iJUO 08/05/tO 2l0.00 C:PII'hE.:~W Mi!:rnCAL CF:N'r'H;H X=.J'fj '1.4\01:31 ')8/0';/1.0 i05,,22 (PHI ].l;.'/P 1M U 2 oa/osn.!) 1.0'1. :1.2 S:f.BMENf:i HEAI/rHc.AJ03 XHAl:1 AlP 140133 08/05/1.0 '1,0;10.00 F .iUlN.41~ S'I'lUiiET fINll.11Cli\.I, AlP 1.40134 OH/OS/:lO ;J3 ~ 10 l":rsm~f( SCJ.EN'l'U'lC; COfilPA AlP 140J.35 08/05/1.0 48,00 SOYCE li'LAl\ry,n G.il.N tl.!P 1.4013(\ 08/05/10 450,00 FOR'!' BEND BEftVrCIt8,< I~JC !;/}} 1.40137 08/05!10 '1(1)99,76 GE Hli:JiJ~TXf.CAI{E A/P 1401.38 08/05/:IO 175.00 GUllr-i COAST DELJ:vgRY A./P 1.40139 08/05/10 38,89:1.f35 !{OBERTS, ROBBRTS &: ODE:f AlP 140140 08/05/10 48,29 11. E BO~''I' GROCEHY AiP i40:l4J. 08/05/10 $3,80 f!UBER'l' C01<!PllJ'f,/ AlP i40142 01l/05/iO 4'7.75 IN'1'ERME'l'RO iNDUSTRIES C 'AI? 104 0 j.43 Oa/05/10 29,558.00 ITA RF.SOURCES, rNC AlP 140144 as/OS/10 925.00 ,JOHNSON Ii JOHNSON AlP 140145 08/05/10 91. 00 KIl1BER1Y, CI,Z,.RK INC AlP 140146 DS/OS/iO 551.81 LANDAUER :mc AlP 140147 08/0S/10 1.20.88 TERRY ~I. Ml\.DDUX A/P 1.40148 08/0!5/10 170,00 !11ERRY X-RAY..' SAN ANTOm A.!p 140149 as/05/10 22.16 MMC AUXILIARY AlP 14 0 150 08/0S/10 no.oo PJl.TRICIA OWEN AlP 140 151 08/aS/10 1,000.00 U S POSTAL SERVICE :4./P 140152 08/05/10 21.09 POWER EUC'l'RIC A/P 140153 OS/05/l0 25.00 RADIOLOGY UNLIMITED, PA. AlP 140154 08/05/10 166,15 MARIA D RESENDEZ AlP 140155 08/05/10 121.90 SIEMENS ~JATER TECHlvOLOG A/P 140156 08/05/10 67.06 SHERWIN NILL!AI~S I I I I 8 I l RUN DA'rbi:09/DIlO ~1~U1g; 14: 36 HE1~()Rl1!L HEnle.1\!:, CB1~ER CHECK REGIS'rER OB/DiIlO 7.'HRU 08/31/10 13.i\.NK- -CHECK -.. '- - ".,. - CODE NUl4BER DATE ....._.y..._~.'---------------~----~~~.~.._-,--,-'. AMOUNT PAYEE '-.'~.'-__~~~____~~W~..~__~'..~___~M_____~___~____~_~_~__~_~____~A______~'~~_._,~~_,. ._w____.__~_~___.,___~__~.w_~_.~__w_..______..__._..~..__~_____ AlP 140157 08/05/10 697.58 SIEMENS MEDICAL SOLUTIO AlP 1.40158 08/05/10 3,992.00 SO TEX BLOOD I< 'rISStJE C AlP 140159 08/05/10 74.60 STRICTLY BUSINESS 'AlP 140160 08/05/10 10,000.00 'rEAM REHM A/P 140161 08/05/10 23,984.00 'rOSHlBA AMERICA l'lEDICAL A/P 140162 08/05/10 150.00 DEBRA TRAMMELL 'il./P 140163 08/05110 27.50 UNIVERSAL HOSPI'rAL SERV AlP 140164 OS/05/10 14 '7.50 UNITED WAY OF CALHOUN C AlP 1.40165 08/05/11) 32.00 ELVA VELA liP 140166 08/0511.0 37.2.0 THE VICTORIA ADVOCATE All? 1.4 0 167 08/05/10 1;264.79 WASTE rWJAGEMENT 'A/l! 140168 08/05/10 3,.749.l6 US FOOD SERVICE AlP 140169 DB/OSIIO 5,4'73.00 'rue A./P 140170 08/05/l0 209.78 HEALTH CARE LOGIS'.rICS I AII' 140171 08/05/10 2,596.1,2 CENTURION MEmC11L FRODU All! 140172" 08/05/10 .00 VOIDED All' 140173 08/05/10 .00 VOnlED AlP 140174 08/05/10 1..679,65 DEWITT PO'l,'ll f~ gor~J A/P 140175 00/05/10 '11 J 600,. 9:J. GKitA ENERGY It/I' 140176 08/05!:tO 6;fn~L51 ,i';J.!ERISOtJRC'EBE:!\GEN n:a)JG A/P 1401'7'7 OR/OS/Ill 1,564. 50 p,LCON 1ABORA'.rOlm~8 INC AlP 1401'78 08/0W.0 2.23J~3 ALP11P.. 1]:EC H'Y~Sryn~;l}1S XNC ~fJJ 140:L'i9 OU/D;)/:>! 3:1L.12 ARROW XN'l'FJl1.H1V1.'IOI\fAI, I,NC Air 1.40180 OH/OS/to 192&;)7 hl,r&'ll' t~{OBrlJ1.f2'y' A/P JAO:l.81 f)8/()!>! :1.0 l6'~1 J~8 BAiUJ l<1KtrCCAi., i'/P :).401.82 08/05/1,0 165.26 BECKjJIr\lv COUUtE!'. :wc .AlP lA01.S3 08!O!~/:l.O f:!.6,.22 BRtGGB CORl'ORA;!'JO))J hiP 1401H4 OB!O~;/:LG 00 'i)'():rogJ) ,(::,/:P M,Olf)!j 08/05/10 l'll"gg :rm~ COUl~C:r.L, COHPANY AlP iA o:L86 08/0'inu .,735, ;,;9 H:n~~1.~1ENS HgA.I,,~!:HC.p.lt~: n:Lt\G 11'/P 14018'7 08/0'1/:LO lS$,.3'J nr,E; P1IPEI1 &', PXlCKA(iIW':1 A/:(? 1401.88 G8/0'J/:l() 1.9 !}V t,1j~:!r8;RA.i.! EXPHeSH CORP ~ '~ r'o 1.101H9 t18/0S/:i.(j iiU VO:WIW .h./" A!P 140190 () 8 / D 5!:LO ,U(i,'~8 J"Isrn~n. BCl::mnn'IC CO!,~PA l..../Xi 1-,\0191 08/0')/:1.:) 1..97:L80 GRBA'l' Af!i}~R:r C.fl, IIEASJNG C AlP 1401.92 il8/05/HI ;;29.01.1 GBn\INGm USA .'A/P 14!i193 08/05/10 1:1,4 19 elF,E' COAS'I' J?~.PER CO!')PAU A/I' 140194 08/05/10 29,21 :rN))FJPE~JI)EilIC:ii; MmrClH, .A/,P HOB'} 08/0S/iO 1, 27'i.76 IUk'OrJl.t! I1!iC AlP 1.403.96 08/05/10 ;i3.96 iJIlCK I,. rii&RCUS., I!i!C AlP 1.4019'1 08/05/:LO 36,00 KEY 8URCJICi,.L :nJC liP 140198 M/OS/IO 4,241U5 MEDRAD nIC A/P 140199 08/05/10 210.00 l~ERRY if.,.RAY- SAN Mj~WN:r 'It/'E 140200 08/05/10 354,33 ON-SITE ~rESTING SPECI1lL AlP 140201 08/05/10 2,73.9.41 OWENS I< MINOR AlP 140202 08/05/10 2,752.20 PC ~!ALL AlP. 140203 08/05/10 3,185.00 PHILIPS MEDICAL SYS'I'E!'lS AlP 140204 OB/05/10 254.40 R G &: ,i\SSOCIA':r:es INC AI)? 140205 08/05/10 440.00 RED HAw]; A/P 140206 08/05/10 941. 58 SlEt1ENS MEDICAL SOLUTIO A/P 140207 08/05/10 4,269.00 so 'rEX BLOOD S: 'tISSUE C P!\,Uli :), GIICKREG 0; 9 RUN DllTli:09i:t.3/10 'm!l1::.1.4:36 rn!iMORIA.L l~E!iICAT.' CENTBil CHECK !lEGIS',VEn 08/01/10 'l'HRU OHm./l0 BANK'-CHECK- - ..-, -- .....--- _n -..... -- .... --..- -...... -., CODE NUMBER DATE MIOUNT PAYEE A/'!:! 140208 08/05/10 278.48 THE ST JOliN COMPANIES, AlP 140209 08/05/10 551.87 STRYKER SALES CORP A/P 140210 08/05/10 85,741.97 TEXAS CO & DISTRICT RET AlP 140211 08/05/10 7,438.00 '1'EXAS ~lUTUAL INStJR1l.NCE AlP 140212 08/05/10 26.48 UNIFIRST HOLDINGS A/P 140213 08/05/10 159.86 UNIFORM ADVAlffAGE A/P 140214 08/05/10 2,748.93 UNIFIRST HOLDINGS INC A/P 140215 08/05/10 191. 48 UN1:TED PARCEL SERVICE AlP 140216 08/05/1.0 43.43 VERIZON SOUTHWEST A/P 140217 08/05/10 59.57 GP.AINGER A/F 140218 08/05/10 195.00 X-RITE :me AlP 140219 08/05/1.0 41. 73 ZIMi~ER US, INC. A/P 140220 08/05/10 50,00 RJi.MSEY RODY A/P 140221 08/05/10 208.55 ZHANG SHUXIA A/P 140222 08/05/10 61. 87 DICKEY ELLA 'KAy 'AlP 140223 OS/05/10 533,80 PETERSON HAROLD F:.iP 140224 08/05/10 208,55 CHEN r,lEI lJ<1~ A/!' " 1.40225 08/05/10 l?n BRINKLEY ItA GAIL A.J? 14.0251 08/J.2/10 96,720,00 VJCT01UlI EI'jF;:tlGE:Ney }\.H BO A/? 140262 08/1.2!10 5" il~~ 189 PA.R'fSSOU:R.CE, LI,(' A/P :140263 0811.2110 !ff 1.66 .67 HI'i'l,ClU ~J:@lC?.I, {{YI~V.1lEr1B A/? 1.402.64 03/12/:i,O -330.24 CENl'lfinON jx(EDJ:CA:LJ PRODO A./P H026!! 08/U(10 31'l,61 DE1!JI1.rI): J.'o'rH ," SON j~/P 140266 08/:L2/10 J.:~8, 41 Gli::KA r;m~RG~ ~Ji' lA0267 08/:L2n.O SlOOO,OO LOll.RA.!N'!;; fl, !?QXi CnJ\fl~ "!::(: A/P 140268 08/l2/1i) 'l i 3.:S4, 1.~. 1/i.MC Br.fP)~{)'xl~T~ BgNEk"1I~F8 iln JA0269 OH!l~;j1.n ~~O~}({~~.~ r;N,!,){:?,p,Rr.SK f{BNf'.~ J"::. ,d C.i1.H AlP J4.0270 on/l:J/:i.O "1,850 00 HK1\.L'!.'H :OI)m!:;~iSIOjSJS GnOtiP A/P 140271 08/J.2/10 ?O '. 00 LESLE't H \JONj~!3 All' i.M2'12 08/12/10 7(;,00 \!JlIM.A ~;Sc.iU\1n ll/f: 1402'13 OBi.l2/1G ,(;(: vOWED iliP ],40274 OB/12/10 .t3,36G,;O:?' .A1.1.gR:rBOURC1~BEHm~N .DR(H..:~ A/P 140275 08/12/10 308,66 APP.LtBD ~\jmD I ellt, A/P 140276 08/i2!J.O 80.00 .i\NUJ. FRICKE: . COl.iN'rY ,,, All' 14027'7 08!l2/10 209,21 CARDINAL HEllJJrH All' 140278 OB/1Z/10 246.50 AWESONEi PAGING UK A/P 1.40279 08/12110 3&312.21 BAXTER HEAJRHCARE COE)' AlP 140280 08/12/10 ::i, 382.:1.3 BECKt<1A..l>J couurER INC AlP HOZ8l 08/12/10 207,99 BECKWrf.'H ELEC'l'RO!.HC gl\fG 'AiP 1.~0282 08/12/1(1 70.00 VIC'I'ORIJl. BROOME AlP HOm OS/U/lO 20.00 Cl,LHOUN COUN'J.'Y \iiAS'l'E NG AI? 140284 08/12/10 439.38 Cl?SI A/P 140285 oe/U/IO 70.00 TRACY DUNWOODY A/P 140286 08/12/10 3,020,33 ENTEX A/P 140287 08/12/10 50, :35 FEDERAL EXPRESS CORP, 'A/P 140288 08/12110 571,71 FIRESTONE OF PORT LAVAC A/P 140289 08/12/10 3,443.09 FISHER SCIEN'I'IFIC em!p!;. AlP 14 0 290 08/12/10 30.20 il E Bu'rT GROCERY AlP 140291 08/12/10 28.24 INDEPEl-JllENCE ll\ED ICA.L AlP 140292 08/12/10 4,'794.42 IKON F'mANCIAL SERVICES A/P 140293 08/12/10 2,715.00 INFOLAB mc PAGm mJCKl~.EG 10 RUN DAT~:a9!13!10 TIi'lE:.14: 36 BANK-.CHECK..... ........ CODE Ntn~BER DATE 1jE~!OlU.i\.r, 1'fEDJ:CA.L CEN~L'ER CHECK REGIS'rgI{ aB/OJ./lO 'mRU 08/31/10 AMOUNT PAYEE ~J~GI~ GLICK.Hl~G ______N____~_W..__~___~________._.~_~_________U~_____MM_'___'._____.'______~~_... ..._'~..n'....___..._..'A'._'N__.__...__~..__~,._,.._,__M,.._.__M..._.___ A!P 140294 08/12/10 AlP 140295 08/12/10 AlP 140296 08/12110 A/P 140297 08/12/10 AlP 140298 osmiJ.O A/P 140299 08/12/10 A/P 140300 08/12/1.0 'A/P 140301 08/l.2/10 AlP 140302 08/12/10 A/P 140303 08/12/10 AlP 1.40304 08/12/10 AlP .140305 08/12/10 A/I! 140306 08/12/10 AlP 140307 08/12/10 A/P 140308 08/12/J.0 AlP H0309 08/12/10 A/P 140310 08/12/10 1!./P 140311 il8/l.2/10 AlP 1.40312 08112/10 A/'!! 140313 OB!l2!10 AlP 140314 08/U/:J.o AlP 140JEi 08/:1.2/10 A./l' 140315 OB/J.-2/tO A/P 14.0::m 08j12/tO AlP '~40,~:L8 08 !.1...~; /:1 (J Alp 140319 08/12/10 h/P JAOnO OS/!.2/l.0 !.~i i! 1-10321 :)8/11./1.0 A/I' 140322 OBI12/10 !+Ii' 140323 08ij,2/iO AlP 1.40324 08/.'L2/:1.0 .t/:~ 140:m n8/:i.2/.1..0 ?~./P 1403;)6 OHiJ..2/1.n AlP HO:!2? iJ8n2/1 0 AiP 14032[1 O()!1.i)/J.O ,A.iP 140329 08/:1.2/10 AiP :140330 08/12/1.0 ~.,JP 140333 08!:t2/l0 A/P 140334 OBi12/1.0 AlP 140335 08/12/10 .!lIP 140336 08/12/10 l../l? 140337 08/12/10 l~./P 140338 08/12/:i.O A/P 140339 08/12/10 A/P 140340 08/12/10 AlP 1.403.41 08/12/10 ~JP 140342 08/12/10 AlP 140343 08/12/10 AlP 140344 08/12/10 A/P 140345 08/12/10 AlP 140346 08/12/10 1,078.62 307.09 1,056.16 49.65 3,750.00 2,887.17 .00 4,3'72.60 12,484.17 70.00 427.79 :[56.00 144.68 31.50 25.00 1,610.00 2:13,40 l'7 Ul8 t, 085,1.14. 6 9.() 0 :<',265,95 40<00 'i,026,;;:6 9:.:rL52, 28,. :~2 :n'r 52.6" 25 3.>' 9'l:{,. 60 2:~;t"9t'j(~<.O!) :UJ,OOO,OO 2;'.78,6:1 HO GO .'1.:33.90 26 ,~8 ;~~;791~11 }();J, (HI 115,,67 U.'/,:U 78JiO 8J.6.00 23, u3 78 ,1,\7 256.00 1.8.29 197.60 '1.45.60 145.60 9.65 150.00 92.20 J.8,24 50.00 \TICKY l<ALISEK I'IEDELA INC 1,lERRY X-RAY. SAN ANTONI MI~C AUXILIARY NUTRITION OPTIONS OPEX COMlll1.nHCA'rIONS VOIDED ONENS &: ~lINOR PARRISH MOODY & FIKES, PM P.IlRR:tSH PC MALL PITNEY BOWES we PROGRESSIVE DYNM1ICS MB R G & ASSOCIATES INC RED HAWI< RADIOWGY UNLUll'l'ED, PR. RECEIVR.BJ,E ~!ANAGEt'IEN'l', RESPIRONICS, INC, SIEMENS WATER TECHN010G I1ARL:tN SAYERS BETON TDEl~fIFJ.CATION P SHrr 8Ht:r~~'il;;LE '[AXI BillRVJ f3YFiCO rOOD t))~nVICJ1B Or.<' 8"1\:8P..LS CO)lPOIU~.11'I01\j' .8RLN CI.J.~V~;NGJi:n :.n~pJ.\1 .REHJ~.B TX2C SI.P.kli1Y;1r.JG '[,OSHIBh. l\t\~gR:rCk M:~DICA:L ',1:0fJH:tB.t:, At{JI~l~:CC.i\ r.U<~DTCJ~.I, ;ff~}:~'4ti r~IlgCJn~TCJ.\L BlLePLY TsrC.F 1.1:'r~x~.s ~Irnu~)) [{7f)'SIC Ti\jC tTf{f.I~\IHST .H(Ii~J)INGS UNIF'Ins'r lWLtHNGS :me VEnlzm" rjOUS'mJ!!:GT GRA)]lGER Z,ItIlMER US f THe, \liP S / 1'R J: Cl'.JUi ACCE:lif'1' FGBA., J.!:GC .A.f;'U\.C BLUE CROSS 5; BLlrl SHIEL ?GBA, LtC CASHIER BLUE CROSS IX BI~E SHIEL BLUE CROSS IX BLUE BilIEL GOllLltE LADONNA LONG ALICE H lJNITED TEACHER ASSOC IN BRINKLEY ILA GAIL DRASTATA ,JEROME 11 Rln~ DATE:09/i3iiO ~r:mE: 1.4 d 6 L\~EL~ORr.0.}J r~~EDICA.L CE:i~Tg.R BA1'lK~-CHECK-""""-"""',-, ..""..." ,""". mw ''''w ."...... ......".... ......., CODE NUMBER DATE AMOUNT PAYEE CHECK REGIS'rER 08/01/iO UIRU' OI.l/3.1./10 A!P 140347 08/12/10 AlP 140348 OB/19110 AlP 140349 08/19/10 AlP 140350 08/19/11l A/P 140351 08/19/10 A/P 140352 08/19/10 A/P 140353 08/19/10 AlP. 140354 08/19/10 AlP 140355 08/19/10 , ,.. AlP 140356 08/19110 AlP. 140357 08/19/10 'AlP 140358 08/19/10 lI!P 140359 08/19/10 MP 140360 09/19/10 A/iI :140361 08/19/10 A/P 140362 08/19/10 A/P 14.0363 OB/lS/iO AlP 140364 08/19/10 A/P. 1.40365 08/19/10 AlP WJ:J6 6 0&/1.9/10 A/P 14036'7 !)8/:L9/J.O A/P 1403GlJ 08/19/10 A/P 1~~u~;~69 1)8/19/1.0 At? .'JA0370 08/19/10 x~. il~i .LMl:3'i:i 08/1WO f(.JP 1403'72 OB/i9/iO T~jP '1.4.0373 OB/:t9/l0 AlP t4037~1 OB/t9/:Ln A/IJ 140:3'r, OH/19/J.O l~./lf :L40376 Qll/i.9!iO ?l.i:Q 1403Tf OgIJJ/W Ato 1..10378 08'/.1.9/10 A/l) lA03'l9 08/1,9/10 b./P 140380 08/BfJ,O AlP 1403(l:!. 08/.19/10 UP 1403H2 08/j,9/iO A/P ).40383 OS/19/in AlP 140384 08119/10 P,Jf' 140:lf.1!: OS/19/I0 AlP 140la6 08/19/10 AlP 14038'7 08/19/10 AlP :140388 08/H/ll) AlP 140389 OS/191I0 AlP 140390 08/19/10 AlP 140391 08/19/10 A/P 140~92 08/1.9/10 A/P 14039:1 08mm AlP 140394 08/19/10 AlP 140395 08/19/10 A/P 140396 08/19/10 AlP 140397 08/19/10 150.00 112.69 10,320.10 1,975.28 976.00 7 r 591.94 2,000.80 7,401.63 750.00 6,371.46 83.91 946.95 295.04 12,931. 08 5,410.44 495,00 '),.380,88 3;1; ;~28~ 70 7,901, :10 :3,61:1. 14 .'J,tDOO<00 11,100.00 LONDON RQBER'r FILTER TECffi10LOGY CO, I Ol>lNJ:'.PORT liAVACA 07, fJ. HEI.AYHEALTH, me. Pl:JtTSSOURCE, LLC' O'S FOOD SEltVICE :~&R rmCIlANIC.hL MED-STAFF INC J'Al1ES A DANIEL ARUP !~ORATORIES HEALTH Cfl~E LOGISTICS I CENTURION l1EDICAI, PRODO RUSSEJJL CAIN LEIGH Ai'lN FALCON r.J\QUI!~'A INNS & SUITf;S WILLIAM E REITKPJ1P, TRU DUAl>TE: P. COUIJ.l'mR iVn~c Er.1iPltO'ir:EE BENEr~I).rB p1LU!<rs E1.EC'lIRONICS !!XSA RHINO HgDICAI, SERVICES !;n~RK CORt{~rtN ~ CRHl}. ?O~94 J 't! ~ G9 :L~gSLJ:Ji; ,n.NI';! HOLIS CARE;g~PRKM{i n:EAL:.rB 1:Nt r~/,., 10 2:i4. 00 too 110 6"4, DO '/3,. AH 16;,BOO"OO ?.. ?:}.6 ,.00 9 f 885" 97 :j .' 349 " :(.,;!. 18,< 9;,~O c. 15 ;;,306, :)4 169,'70 362,51 l,n:l.65 92.7:! 1;/'05,(;1 13.25 492.91 1.6,960.47 294.00 30.00 25.00 84.41 500.00 137.27 8,12U.6 ,A,/fJ'Bj~J.'T lVO:HaJIA jYl()N:K SPEcrnA COlir 1? .tUEI YJE)\(Jgn KARL~N CASjt!l1\fj~~D)]. nn nl~lI,I/.vHCA.HJ~ m~I{VIC)~;B I\J.J~j)I(J~.t ~?):;-U.fI}~(}'frV}~ CCilt:( i.T.'Hlli UOCf'OR r B CONPANY .hl~IJ~;HSOtJ COI\ff:HH/f'.A.r:rOJ:J iJ .OG VOIOE:n ,iUXiERI S00RCE:~ERGgKf DRUG A!RG.AS ,. sO\Yi'mr~s'I' CAROW.AL l1EAW'll CMD1N!\,L HEM/rH A.RTllROCARB CORPOH.A.TION A'l'&'l' [IIOB:tLl'l'V l~'li&:r AUTO PiI.R'ri3 &, rvj.ACHHrg co B.i!.X'l'ER HEALTHC.A.RE CORP BECKMAN COULTER rNC BOB :BONAR ANGIE BURGIN CAL COM FEDERAL CREDIT CAROLINA LIQUID CHEMIST MICHAEL CAUGHRON CERTIFIED LABORATORIES GREGORY W COWART PAGB Gl,CKH)~~G 12 mm DATE:09/13/l0 nr1E;:14:J6 Bili<1C.-CHECK- -.. -.-----.. '-.. CODE NUMBER DATE AMOUNT t"n\iWHI.IIL iVii~JJICA.L CEN;r']i;i.1 CHECK REGISTER 03/01/10 THRD 08/31/10 PAYEE .. -- - - '- ..... -- - - -r--" - - --..".." -- _.- -"" '.' -- ,,- - -.." -- --".." -"""" -.-" .....".. -"... ~./r: 140398 01l/19/10 58.11 COOK MEDICJl.!, llifCORPORAT A/P 140399 08/19/10 13,014.00 CPSI A/P 140400 08/19/10 168.88 h\URA DAVILA A/P 140401 08/19/10 68.00 DLE PAPER & PACKAGING A/P 140402 08/19/10 86.42 DYNATRON!C8 CORPORATION A/P 140403 08/19/10 11.14 FAS'rE~lA1J COMPAlifY A/P 140404 08/19/10 3,130.00 F~4 STREET FINANCIAL A/P 140405 08/19/1.0 1,636.85 FISHER SCIENTIFIC COI.IFA A/P 140406 08/19/10 450.00 F'ORT llEND SERVICES, INC A/P 140407 08/19/10 302.92 GULF COAST PAPER COMPAN AlP 1.40408 08/19/10 73.30 l{ E BUT'r GROCERY A/P 140Q09 08/19/10 28.87 HUBERT COMPANY A/P 140410 08/19/10 41.6.00 IKON FINANCIAL SERVICES A/P 140411 08/19/10 825.95 INFOLAB INC AiP 140412 OSi19/10 1,268.54 INSTRUMEN'.rATION IJV30RA'f All' 140413 08/19/10 300.00 INTERi~L REVENUE SERVle AlP 1404.14 08/J.9/1C 232.99 I"ABCORP OF AMERIC.A HO:W Pe/?' 14041.5 08/19/10 807.08 1'1lH,IPS 1.,J:F'ELnm A./P 140416 OB/l9/1D 4.7.74 TERRY. \q, l'!.1UlDl1X 'AiP JAO,H7 03/:l9/10UHL9J. MiiliKETLA.l3, lNC i\/P 1404:([1 08/19/10 :\, 112.00 )YJ)~D11AD me 1,/)1 140419 08/19/10 mUG ~lERRY X-HAY.. ElM!) i\N'I'CNT A/P 140~20 03/19/10 8.5,(jO ;')NiC AUXnI1J.l1Y A.f1~ 14042). 08!:[,9/10 14042.2 011/19/10 140423 OW.SilO (\./P An? A/P liP M~' 14nJ12(~ GB/1..9i:1,O J404:~r~ 08/19/10 14042ii OB/:I.9l:i.O i:1/r~1 1(-!;Q.12'7 OS/:.i..~l!10 AlP lA042B 08/19/1-0 :1.40429 OH/t9/iO 140430 OB!J9/:li1 140431 (lH/uno 140432 OW.9/H) 1404.3:l OH/l9/10 :1.40434 08/19/10 140435 Oli/H/1.1J 1.40436 08/:i.9J,tO HO(Ll'l 08/:l9/:LO 140438 iJ SJJ.9 /10 140439 08/19/10 140440 08/19/10 140441 08/19/10 140442 08/19/10 140443 08/19/10 140444 0.8/19/10 140445 Oa/J.9/i0 140446 Oa/l9/10 .14044'7 08/19/10 140448 08/19/10 },,/P AlP A/F AlP AlP iilP MY! AlP AlP AlP A/P AlP AlP AlP A/P AlP MP AlP A/P A/P :i93 ,. 26 32~L 9~3 :LtSg.64 B :~L ~j.9 L 67'S,OO Jt OOfL no 5!Lng r^1~ :"' il "l.,o.d'J Hfi,1.5 34i.L :1-:1, 12'1,90 29 ~ 99 691.58 It!.. '79 1, 21~1, 00 22,.95 320.00 66'7.83 399.25 191. 05 442.00 466.80 23,984.00 904.96 150.00 3,336,96 26.48 MtCROTEK 0EDICA1 TNt H.Ar-tVEY OIrL).SCU.r,.,Gl< Ot~.~~I~H i~ 1(iI-NCJ!i, FC !\JAr/IJ P~J~~[T.ltn. B:C:t~1!a;l :0I!~;OnT;,gHH U B POE:'.f\Z~.L SEHi/:rCI~ 00 VOl:0J1l'i l"OWEH gL1H'::~OU:C RADJOIIOG:[ tn~TI'.Jnfl'1~E;J:'! J.:'i~ r.iA.:RI1~. D lUiSgNll}s?'; RO:i'.J<1>i1JO 1lEYBS SIEI1:fc~NB Wl!.~,\BR lP:€:CEN01:lOC SEilRS BIEME~S M~DICnL S0Llffl0 SlHLF; l<:1i\l<ERS ,go TEX llWOD & 'l'ISStJE C '.t'H!~ 81.' O'OHN COMP.A.ii!U:S ( STlunrORD VACUU}) SERVlCE STRiKER EMDOSCOFY LARA SUDIK SU~ COAST RESOURCES, IN STERICYCLE, INC TLC STAFFING TOS>>I~A AMERICA MEDICAL THYSSENKRUP~ ELEVATOR C DEBRA TRAMMELL UNUM.LIFE INS CO OF AME UNIFIRST HOLDINGS :~? j\GE (';LCKREG 13 RUN DATE: 09/13 IlO t.rIHE~ 14 ~ 36 !lilll10RIAL [,mDICAL CEN1'ER CHECK llgGIS'l'l~R 08/01!lO.rHRU 08/31/10 EJ\lJK- ..CHECK--" -...,.........- _.. -...... -..... .--"'-"" -- _.. -.. -. ..' -..-.. -.--.......... --.... .... ,. CODE NUMBER DATE ~~OUNT PAYEE A/P AlP A/P A/P AII' AlP A/P A/P Alp .1;JP A/P AlP A/P AlP A/P 'AlP A./P A/I' 140449 08/19/10 140450 08/19/10 140451 08/19/1-0 140452 08/19/10 140453 08/19110 14045.1 08/19/10 140455 08/19/10 140456 08/19/10 140457 08/19/10 140458 08/19/10 140459 08/1.9/10 140460 08/26/10 140461 08/26/10 140462 08/26/l0 140463 08/26/10 140464 08/26/10 140465 08/26/10 140465 08/26/J.0 140467 08126/J.O 140468 08/26/10 14046Si n8/26/l0 1\Jt' .'4./P AlP A.IP 1401:~?{) Oai2'6/10 1{10471 08125jJ.(! iA 01 '12 () fl/ :J(i II 0 :L40!J'!3 (18/26; to ,[;,/."2 ('tiP ,;/P ~/P 110474 08/26/10 ;\!P :L40(\7~1 08/26/10 1401'/6 OB/:J6/1C t(~/J4?(1 08/26/10 1404'J8 08/26/:1.0 :\.40479 CHi/2G/tO l40MH} 08/26/10 j.40481 ()AnG/IO J.40482 08/26110 1..40433 OnFJ6/10 140484 08/26/10 140485 08/26/).0 140486 08/26/10 140487 08/26/10 140488 08/26/1.0 140489 08/26/10 140490 08/26/10 140491 08/26110 140492 08/26/J,0 140493 08/26/10 140494 08/26/3.0 :.40495 08/26/10 140496 08/26/10 140497 08/26/10 14049B 08/26/10 140499 08/26/10 AiP. ur AJ'P AlP AlP AlP AIr: P"JP 'AlP AlP .!\/:i? A/P 'AlP AlP AlP AlP AlP AlP A/:~ AlP P./P All' All! A/P 92,94 2,909.67 152.50 50.00 1, '721.10 63.00 8,001. 00 450.00 145.66 124.20 106.11 525.87 362.00 169.00 tJ,087,B4 342.24 6,147.88 2,146.09 2,126..33 25,49 10;616..% 11,249,30 ~14:..52a,- 99 29,82 6()(::,OO UNIFORi'l 1\m~I\.NTAG~ UNIFIRS'l' HOLDINGS me UNITED WAY OF CALHOUN C UROLITHIASIS ~\BORATORY \~RIZON SOUTH(~ST VWl'OlU1l. POOL SERVICE [, WI~ffHROP RESOURCES CORP CARMEN C. ZAPATA..ARROYO l\lARTlNEZ REGINA CASHIER ~mNNING PHILLIP R CUSTOM MEDICAL SPECIALT nONN STRINGO PARTSSOURCE, LLC us FOOD SERVICE l?HAJU~EDIm1 SERVICES 1M; I,jEll..s'rAFT :mc PRINCIPAL, :GIFE CENTURION MEDICAL PRODU GEXA ENERGY JOmmSEI,F ASSOC1A'rESm lJUJJfJl: >1 COUL'J.'ER l;it~t ElrjP:fJOY1~;E; n)!.a~:F1!;(J;J:~~ Ct~,g~}Lg H:LL!~.!t) :~jHARl~i];,..CY" I,GDD;: J..~ST 11592,92 ARlllSI}!RON'G HOVING '", EjlIOn ," GO \lOXDED hr):i:gRlf30URCEnX::l~GEr\[ D:HUG .ALCON tJ~OFJ~TORI)~f; XJSiC AIRGAS--'sOucrHl'Ji<;s'.l' ClI.RiHl\TAL (-mArSH li.J!L..~,C le:93{~, [55 :j ;.:12('1.00 :L~ 36~S,96 171.,43 3,: 2,5(:,08 11,490-(91 &; e;:t 7,~ GO 7~19.06 251' 917 ,. 87 488.00 n03.69 6,894,30 308,23 259.01 631. 62 322,95 7,050.00 1, 6:l6, 42 3,751.9B 1'15.21 49.15 650.49 CAHDlHAL HEA:G'L! i\.~r&T WlBInn BARD r~mmICltL BA}:j;biR HKAvrHC,;~..Ri'.: CO:f:P (dO .Je..NE m\.RNETcl' BECKMAN COULTER, lNC.. CAD SOLUnmlS l :IFiC CALHOUN COUN't'Y CITY OF PORT LAVACA CONMED CORPORATION 'l'HE COUX~CU, COl~l?~.J.\iY CPSI DIVERSIPIED BUSINESS 8Y FARNl>11 STREET FINANCIAl, FISHER SCIENTIFIC COMPA GJ!: HEAL'l'HCAAE GULF' COAST PAPeR COMPAN H E BUTT GROCERY HOLOGIC Pl!.G:~; GL(O,'KRgC 14 RUN ))1>.1'E:09/13/10 'j'II~E: 1.1 :36 BAm{- .-CHECK--- - --.... .... --- -_.. CODE NUMBER DATE Al10U~~r ~lEMOln.i\l, WEDIC'A.L CF;N1'EH CllEC1\ REGIS'l'EE 08/01/10 'i'HRrJ 08/31/10 PAYEE P AGF~ GL,CKRliiG AlP _____M___.____~~_..~_____~_,.__y___~____________~_.~__,.._,.__~__._~..__._.~_.__.MW_____.~_..~~~__.__,~..__..__.M__~._.._..,__.____..w._..______.____.__..._____ A/P A/P MP A/I' A/P AlP AlP AlP AlP A/P AlP AlP AlP 'A/P 'A/P lJ./T! A/P Jilp A!P 140500 08/26/10 140501 08/26/10 140502 08/26/10 140503 08/26/10 140504 08/26/10 140505 08/26/10 140506 08/26/10 140507 08/26/10 140508 08/26/10 140509 08/26/10 140510 08/26/10 140511 08/26/10 1.40512 08/26/10 140513 08/26/10 140514 08/26/10 140515 08/26110 1405J.6 08/26/10 140517 08/26/10 :1.40518 08/26/J.() L40519 08/26/10 1.40';20 08/26/:(0 1.40521 08/26/10 VH)S22 08/;2&/:),0 :140523 OB/26/:i.O L4052t.~ 08/26/10 A!P All? A/P A/P i;~.I .\~' A/P :L4054~1 08/26/10 :1.40526 08/26'/:)',0 ?;,/';f i~./P 1.~1l):j27 On/26/~lO f~/P :L4052B 08/26/10 ;t:./I~ :U~OS29 nBi25/10 "AlP :l40~i30 08/26/10 140531 UgI26/:iO 140'm lia/2G/IG :LMI'i33 08/26/:1.0 J.'10534 08/26/l.il L40!5'l5 08J:'.6/l0 140!536 08/26/10 14053'/ 08/26/l0 140538 08/26/115 140539 08/26/10 :i.40S40 08/26110 140541 oan6/10 140542 OB/26/10 140543 08/26/10 140544 08/26/10 140545 08/26/10 140546 08/26/10 140547 oll/26/1O 140548 08/26/10 140549 08126/1.0 140550 08/26/10 j1,,/P \\. .It.l I,~.! I. 2:....!1? .A!~':1 An A./T! A/P AlP lJP 'AlP. lI./p A/P AlP Jl,/P AiP AlP AlP AlP AlP AlP 166.94 1,067.00 1,2613.09 25.00 170.00 110.17 29,558.00 261.12 300.00 70.00 325,00 71.02 374,61 531. 57 1.50.00 45,00 7 r 01'7 ,,31 621.35 99.96 n.89 945,00 22,00 105,,95 :fj ~ ,~6 3<tL6? iOD"OO 'j ':\ti, :S'? LO/006,QG 164,,:25 :381,86 ~100" 6': i 09'7 ,:1.4 261..50 j., :,: 16 ,1.3 16~Lal j" S3~~.,:):L },OO 70,O'! 4,11'72, in 8,237.70 401.68 34,00 2.5.60 46,20 31.:32 30,00 116.81 542 .10 38,40 1,100.00 267.20 HUBERT COMPANY IKON FINANCIAl, SERVICES INFOIJ.B INC :rNSTRm~ENTATION l.JI.tlORAT INTOlCI!1ETERS me lVANS ITA RESOURCES, INC LANGUAGE LINE SERVICES MEt10RIAL HEDlCAL CENTER DAWN MCCLELhA.ND REBECCA MALONE \\!Jl..RKS PWJ:~B:WG PAR'fS f.lETLIFE !1ERRY X-MY., BAN AN'.rO~!l l',}JWEY OLA.SCUAG.l\. ORKIN PEST CO~~ROL ONENS I< IHNon I'OiW Y.J;.VACA I'jjWE: POVJER EL~C1~FCCC PROGRESSI"1!1 UYl'YAltECB I~J}.~ RADIOLOGY DHLI!H'fCll, l'A R)';GINA .JOflNSCH'if S;ll~.A.GO SEJ{V):Ct~ B'i,]J}l~LY Oil VIC:!::) crug r(ifi:DTCA:L DAN'"ETI1:1?; .BJ51IiAiXf:{ 6T~~~:HlfJ CUKP();.ti1.i?1G:N 'TE:AN l{1~H1Ui y:v:~ WCXtF"FXNG :.fOl{CH O1\TIT:'ORN ?..r.nij~,NrAG]~~ rl:JIljlJrU,111 HOIJJINCm tNC ELV,Ti \fBI/A V1~R:t ZON :~jQY)ry:m:'~EH';C v1~RI:~ON WIREJA~;SG 'rEE 'V'IC1IlORJ.'l;. AXj\rGCJ~H'::'s ~;I,J:ZAJ:lE'.rH WES1'BHOOK 'vlESCOR II\fC 'rFlPFi C1GNi\. FH,A1'ri{CAm~ ACCEi.\Ff BROWN PHYLI,:W vilnTE M;~W:rN PGBA, LLC SCEVl$RS FREDA ROGERS GUSSIE GOODEN ELDON PGBA, LLC BROWN PHYLLIS ))OLEJS:r CHARLES PGBA, TJIIC 15 F.' i.'rn!~~!ORIA.L r~E:OJ:CXdJ Cf;I\f'rER CHECK REGIS'I'ElI OS/Dino 'JI1RU 08/31/10 BANK.. "'CHECK-"'."".' ............ .".......... - ....." ........ .................... ..."..........................".. CODE NUMBER DA1'E AMOUN'l' PA'{Jl;E R1J7i! OJ\il'!<;,091:L.1/:l0 TIl1r~ : 14 : j 6 i?AGF.: 9 G:LCKliEG _.~~,~_~~_~_~~~~._____..____.__._._"....M____"_~_~_'._~w___..,._....___..___~.._. ..___~____..._~___..'_"__.A___,H_..~___n._,__.N. ...'n_._____.___.._&.u. AlP 140551 08/26/10 AlP 140552 08/26/10 AlP 140553 08/26/10 To;rALS: 18,'79 27.82 106.50 1.230,029.62 nOYD FRANCES FLOYD F'RANCES BOLLETER ROBERT 1 16 RUN DATE: 09/22110 TUftE: 10: 13 PRTit1e DIR KG CARE!AP/CIHCP SUPERVISOR-PURCH/CS REGISTERED NURSE REGISTERED NURSE DEPl'.RT11EN'fAL J\SSIST CS TECH CENTRAL ,:;TEf{.T.LE L bl;j"j l.)~L~GING TECH eJIREcroR PFS ES )\IDE ,sHIFT SUPER'riSOR t"OOD SERVICE STl~,FF PAT I EN1" ACCt SUPERV. INTEEI1,j INF- CNT/HISl\ DISHt:JASEER C R l~IDE ES i,IDE REGISTERED NURSE A .l:-i, SHIFT SUPEHVISO FEGL.STERED l'HJRSE EN;' F1~C1J SUPEP-VI SC1j:~ REGISTERED NURSE "',\1;",1 SEClJRTtl'Y SUPE!.~"',1IS0P HEGTS~l"ERED NURSE TNTEP.TI/j- ;11"1,]"]" ];~1)\J:.,)i~.CE:~ INTERIM NUR COG FI~CT f\DMINTS'TR f.'5STSTlj,NT r;h~ :EH1~1:FIEr) NURSE AIDS ;'-\'1 YH{)L.!L Ci.;EFY nE(;lS;I~FHED hrUF,::~F L,'j}\ PJ?GTgr'EFED .NJESF r:,;:~(;TSTr'.:H.ED NlJRSE ELi PECISiI'SFEC I-JURSE 1_,TCE1'JSED "'JCCT~T'IONI-\L ~JE NURSE j.\DI:1INIS'rRT~t FEGISTEFED NURSE RECJSIT'Ei<ED !\Tln~SE P!~T':u~~j'n~ HEC. COOR. UN LVi'! ADMINIST ASSISTANT REGISTERED I\JURSE EN SUPERVISOR PiN/SCRUB NURSE/CiFFI I.,'vN- PhHT EBCIST'EEED NURSE mX;rSTEHED NURSE LVN FN Cp.SE .HANAGER MEDICf..l: SONOGRl1PHER HEI10RI]I,L HEDICAIJ CENTER DEFAULT FORHAT FROH DB019 PAGE 1 PRTotGross (\, .',' .,. l 1 '.'" :j '{ ~:o I ! . '..:).. ' 3513.60 3137.50 ::,)02.05 4616.96 2359.12 1848.61 27t,9.2S 918.06 4670.68 1592.00 1924.80 1813.36 2142.40 ';297.19 1378.53 1517.89 1388.82 1299.38 1765.70 3696.32 5385.67 806.19 949.51 ')'\ 1 n {in 2!1'7J..25 6~;64 :.~=: Cd 0 . tj(J '~;4.2~~ ~lf <\ 7 ::~ () , ':, { i.B6I,6.~; 3397.80 4'7'/ .3E :~; !.:. ',:: 4 . . ~ !i CF" ~:~64r! ,64 j401j'14 3934. h'] 80,00 63~~:6.~29 5192.74 ,j8S1.95 1960.1'7 2507.03 2327.71 3J50.40 i32'j4.72 216.00 3051.60 3156.50 6039.14 5317.26 328U9 102.00 5491..10 17 f"" I EUN bNl'E: 091!;;~/10 :rTEE: ,', 0 : 't 3 F'RTitlE.: PEGISTERED NURSE iV\DIOLOGIC~L TECH RJ::J) TECH HLT LAB DIRECTOR Lld3 A.sSIST;~NT j\EDIC\~L LAB TECH L,~,B SECRETARY REGISTERED NUHSE PT 'TECH II 1'. T ASSIST!~NT p:j: TECH IT PLl\NT DFS SUFEF\iiSOF: REGISTEHED NUrSE DC l\I'JALYST CHARGE N].i,s~rEF AhlALYS REGIS1rEHED NURSE t~i'J REGJSTEHED I'JUFSr: j(EGISTERED NURSE NURSERY SUPEH\!ISOR FECISTERFD NURSE TNTEHIH U){/Op, DIFECT HIS/HIS TECH \:_~ j':: ":E;Hrr.1.I.;~:rED NunSE: .!-:,IDF L'.I;\I INTERIM D:rR'-MS~JR!OR PR(~TSTF}TTOn C].,E~~K RN FEGJ STEPED \)LJHSE SUPEnVTS01~ ,L\lN/j~Ph'T nE:GJS~rEHED I\HJF:SF HU CFH:rJFIED NI.JHS2 hIDE Ti'rrEH,Ir1 OB SUFEF\7IS() FEGISTEHE[! I\mnSE 1)i\! .1..:\1)) I/JN EN CERTIFIED NURSE AIDE LVN EN RECIS'T'ERED NURSE rm CERTIFIED NURSE j~IDE LVN HEGISTERED NURSE LICENSED VOCATIONAL HEGISTERED NURSE HEGISTERED NURSE RN FEe}. ,:.:;tERED NURSE MEMORIAL MEDICAL CENTER DEFAULT FORMAT FROM DB019 PAGE :2 PRTotGross 4878.84 4884.03 887.04 1189.88 4843.02 2222.26 :3965.04 1991.69 5212,80 1527,28 1570,69 483,48 4022.57 355.25 2511.32 2126,10 ~1432. 63 I) 661. 03 ;;604.00 :5136 L t:. 392~:;.62 ')J(14. OJ .5969.60 1919.03 2868.27 4387.93 1813,4') ] il04. Ci ::,B94. B9 64~) OS SOJ.3.CS 3':1,48 3406.97 3685.<)'/ 3560.76 16H7.27 4B24.::i4 1;2;',19 HI? OJ 1'~i<~6.Ba "1.:;83.63 28'jlj.04 1859,40 632.25 2500. 'iO 458,25 6800.39 2622.57 2818.69 022.82 105.88 1894,86 4477. 27 4575.35 427.81 18 ~"'" , FUN DNrE: 09/22/10 Tj:~1E: 10: 1:3 MEMORIAL MEDICAL CENTER DEFp'[)LT FORMAT FROH DB019 PAGE 3 FEGI.S'IEEED NURSE PH.T:L t Ie PR1'ot.Gross 4946.13 I.'VN K TECH OR SU,PEHVISCF RN T;:.i\!\JSCEI FTION I ST ()LiT ^' PT i:J~CU NUFSE PRESCRIPTION CLERK FECISTERED NOFSE REGISTERED NURSE ls,rSTANT BUYER ! ,\l~1 (:i]? CGOEDINATOR REGISTERED NURSE REGIS7.'ERED NORSE F:EGISTERED NURSE CN,i1 [<N J.,"WDICIH; TECHNOLOCIST HT :rEC'H SlJPR I~1T ;.iEJ.jT(,',=U.: 1"AB TE(}] ;'-"!L.uXCp,L LJ.~B TECH .'-J;:; ;.'-:1ETIC1:.I, LAB TEe}] i\SSIST'j::,j\}:i' F>~DTGI..i)C:;ICA,L TECH ';:])} '~)l/)CICAL I'FeE i:U\ !.'JJOL<".iG ICIlJ: T'ECI-J F;.\\)"J,O)"[iCjICAL ;{'ECH PEC'EPI/SECFEThF.Y ~"l'l HECTOn-'PhL:ICLCC.;Y ~::Jj)IOLDCY SUPERVT SOE :::?~nT()LC{;Y TECH F:JJ'TOLOCV T~ECH TF,D.TC'~i.;OCY TECH, TECH "'~'LERJ{ Rp.DICLCGY TECH EEGI ST' PHAHl1ACY TECH i-'Hl~Fl..J].l.C:IST PEc;TST'ERED NURSE PT TECH II !~~. T. ASSl. S'f.ll,NT f:I" SEC/HECEPTIONIS'l' PT' TEC'H I CT.}jCl;' CCOHj).l:NJ.\.T'C]~~ 'CODING SFECI1\L,IST' THl-,.l~SCRIPTIOJ'-,l LE)\DER HIH DIRECTOR PEGIS'IRA'IlON CLERK OUPl\TIEN'l' CODER /ROI P. T. ASSISTI\N'T .i\SST NURSE ADI'UNI3TR FJ>i COOy, 4114.28 2654.34 5S93.7'7 1774.8J 1968.28 117.68 1473.39 422.19 3576.00 1680.00 3664.80 1889.69 6354.69 466.69 419.25 860.32 .581.) .j,; 3906,60 3860.14 3804.80 3213.05 3600.10 2098. .~R 420/1. '~E: ~.~ ] '::: :') , ;~ E, 479~;,S6 ::: ::,') ( , 9( 4551.0i !~\40,no 1878 :24 ~~;G7~. 03 S4BB 88 40S4, :)0 40:21 .10 .J.OH6, i~:\ :,~g3:),8B 1226.90 2982,J.2 2847.3'7 104(;0,00 2853.00 1289.44 3814.13 1836.15 164.43 1847.52 ~;742...JG ~~796, 'II 3208. on 795.08 2201.60 3822.50 126.00 1408.11 19 I eUN !)liTE: 09/22/10 TIHE: 1 n: 13 nRTit1e LAB !'.SSIST.l\NT SHIFT SUPERVISOR CERTI~'J.ED NURSE AIDE D I SH~,'JA.sHER D I SH~vJ\SHER hOSTESS DIj.:.ECl\)F OF DIETARY B T C- j'U~D TECHNIC I ,i\N ~J?cnNDSI':,EEPR! p,~ INTER PLANT OP,!) SI;ECli\LTST SECURITY OFFICER ES AIDE FLOOR TECH E:S ~il\i'JT'GER t;J:R OF PLANT SERVICE j-jCiSTESS F:. S. hIDE j~ .s AIDE EN')IRO SERVIC.'E AIDE .F'I/iOR TECHNTClfi.N !\IIi!: t;S J:, IDE E:N\!I.F.O SER\l ~\T DE E:;:: hIDE SEC'UHITY ()FJ?IC~EF: :;r\}m.l:~rY OF"FTC,E;H (r.fep.KEP I-K.: .'HC ,i~EC.'T;:C;l'J J.,E},DER :'\:~;j,~ J TTJ! / ,'),,'ifITCHE/.J.i\PD ",\" " ',EC'FTL\EY ;" ,"'l.'.',., ECT- T C.N ,I:,:: '-'J.} l<EV ':.J,l:.E i:",,:,STSTANT 1- 1"1;-('1 r:)~) :"LERV :\S \iO',LO~'! UF CLERY ~<F:GTST'Ej\TT01\j CI.!EHK INSl'JFj~NCE COCRD INAT'j{ ~~E(;ISTE?,TICN CLEHF ;;;EGT:;,TEATTClJ CLERK : '; l~,' '.'J :':;EC11ET:r-Y OF'FICEh ROI/RTT/DC CLERr: HEDICl,\ID CCORDli,j?\TCR LVN Rft.DIOLOGY TECH REGISTP,p,TION CLERK FEGTSTHATION CLERK HEGISTRATION CLERK HECTST'RZi,'I'TON ('LEFK UNIT CLEHK :)YS~j~EN ,~NAI.JYST' i. ii ." ...' Dj~R. l\j]~TERIf\LS >lGN'T MEMORIAL MEDICAL CENTER DEFl>.l1LT FaRHAT FROM D8019 PAGE 4 PR'I'otGxlJss 1594,';0 1215,39 2229,05 1004.55 937.95 123:,20 346C.80 4329 85 23 77 88 2518.40 223.92 '11 r. ') ,.") -'-_..,.it...O,) 1531.:;16 2176.75 4646.40 1208,00 1348,45 1221. 06 1480,00 J347.31 :1.39r/ ')~) ~)92 . 00 12~){J .0/1 J.336.00 186:::'.00 }.36.8C ~s].;~ .:( . 13 0 :;'987. c:i; L3i:/j I] 8 i 1::1 '} 8~) .;n .1i40, " 12 6~; . 'it! 1360,2J J.197. 5 1719 .,.. 3~je7,:20 9'1,63 J.28D ~)9 :!845.16 1. ::_12 3 , iJ .~~ 2132,52 .il 67 48 1134.13 763, [i5 117.30 9,~:,. os 1445,13 13/4, 06 1008.79 ,1063. '79 11888,46 3769,60 TC<:d], ;.n(:~, .!-.1.: Cr.::nd t.c~ta1.t.: :/;;(;'78] .51 20 CIHCP MONTHLY FINANCIAL/ACTIVITY REPORT COUNTY NAME Calhoun REPORT MONTH/YEAR August-2010 I. Application / Case Data CASES 12 24 11 II. Creditable Expenditures During Report Month 1. Physician Services $ 11,914.54 2. Prescription Drugs $ 16,893.93 - 3. Hospital, Inpatient Services $ 18,229.21 ~_ Hospital, Outpatient Services .__.____.__________ $ 48,21 ~.28 1--3--.__._....____._.___.____.....__.__. 5.. Laboratory / X-Ray Services .-..------------ ~___________________..__.__~4.60. 56 6. Skilled Nursing Facility Services $ -- _.~-_.._--_......_-- -'-----.--.--.--------..--.---- 7. Family Planning $ - .- -- ---'-------------.-.----.---- - -.-.-.-.------------------------ -.--------- ------------------------- --.---------. 1-- Subtotal $ 96,712.52 ..............-...'"-~ --- --..... CIHCP Refund $ (99.55) f--- ---- - Equals (=) REPORT MONTH TOTAL $ 96,612.97 FISCAL YEAR TOTAL $ 741,229.00_ ~~~~ Signature of Person Submitting Report 9/15/2010 Date Monica Escalante CIHCP Coordinator! 21 FUEL BIDS: The County Auditor read the following fuel bids, which were opened by Peggy Hall and Susan Riley for the period beginning October 16, 2010 and ending November 15, 2010. After reviewing said bids, a Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to accept the bid submitted by Sun Coast Resources for the automated card system fuel and Diebel Oil Co. for fuel to be delivered. Commissioners Galvan, Lyssy, Fritsch, Finster and'Judge Pfeifer all voted in favor. 202 S ANN ST, STE B PORT LAVACA. TEXAS 77979 Phone:351~5~610 Fax: 361-653-4614 CALHOUN COUNTY AUDITORwS OFFICE Fax To: COUNTY JUDGE, COMMISSIONERS & Prom: PEGGY HALL VARIOUS OEPTS. ASSISTANT AUDITOR Fax: NA Date: Ocrober14.2010 Phone: NA Pag.. 3 Inoluding this page Re: AWARD OF FUEL BIDS cc. PERIOD 10/1812010 TO 11/15/2010 CJ Urgent CI For Review C Pi..... Comment Cl Ple..e Repl, J:I Plea.e Recycle .Message: THE FOllOWING BIDS WERE AWARDED IN COMMISSIONERS' COURT ON THURSDAY, OCTOBER 14,2010. FUEL Blga PERlQD BEGINNfNG OCTOBER 16. 2010 AND ENQING NOVEMBER 15. 2010 · Fuel-Bul~ Delivered - Awarded to Diebel Oil Co. · Fuel-Automated Card System - Awarded to Sun Coa$t Resources Bid Prices INCLUDE all taxes and fees the County I. not exempt from. In the event of Tie Bids, the winning bid ;s determined per the Texas Local Government Code 262.027(bl ) ... Ii Q i~ Q 't5 ... ...... ... ~ I~ s I I~ ~ 2:: ... .... .- .... 10 0 iQ = II ... II .... 0 ~ s s ~ .. .- lE 'OE iJ 1j ,g li,g Jt J1t JlL )t I I ,liB i 1 II ~! !! ffil fa~ c c c ::1.- ::1.- =.. =.. .... a- ...I a- ~f at ~ cUe W is 8 we! ~e! II iii8 w I ~: ~~ lfi!!u.!l ~ I: III "U) '0 Ii IJ! Qi.l iii J I ffi (J) ;; C ~ ~ W t,j :::> (.) :::> a::: ~ ~ :!: 0 W r (f) 0 d w ! > (J ~ W (,) a:: ::::i ::! i z ...J t; W 0 ::i 0 8 c II 8 0 II ., II ~ % ~ Z :::> ~ (f) 0 :;) LLl = ~ ~ ~ w I i = :;) ~ Z W ::;) U. ::> e 5 ~ u. S =- m II II = .1 fa I ~ c II < a:: I 4:( . ~ '1 i~ i 18 ... I - tt tt ll&i N 'I ~ 0 :! II f ~ ~ ? " ... 1m I ~ " ... I Gl I~ l I~ ~ i c I Q .. II II I I 'CIS iJ li,g J1f. Ii. :;1 ,I ;1 fa) ~ ~.!ll 0.1 :3 ~J .U I I ~J I-~ 1:1::5 ~ IJ iJ I .... ~ C/) c ffi ~ I ~ &e ::) i (.) ~ 0 a:: W ~ a I ~ ~ I :! Ii g ~ ~ o (J) ~ ut = <r.: ~ ..J I w m i z :sa ~ ::;) III LL. ::;) I ~ -' u.. ~ .1 j . i 0 - III I II ! ... ... Q ~ 2 I t Ii. II~ j :E i I ~ J ZI w .... .~ --- --.-.. ..-.._~_._~ '. -_.. -"-... ~ "' 10/08/2010 10:13 Calhoun County Treasurer/Auditor UlIJ/(flitU1U w:n (;lIInoun ~OLllt)llre~surer/AUCltOr (fAX)3615534614 'AX>3615534814 P.004/005 P .0021004 CAlIIIJN IDINTY. TEXAS -lEI. ..~~ _____...~~"...~ ,- __ _~ .J INVlTADON TO DI BIDDU DBa -CO. lAM DBB. PO." POIl'LAVAU IX 77811 811 ITEM IIlIVERBJ ~fIIM: OCTOBER 16, 2010 ...11: NOVeMBER 18,2010 'Y'OU AA! INVITeD TO eUlMlT A Illg eN THI! ABOVE ITStl TO: MICHA& J mrFlR, CALHOUN COUNTY JUDG~ .11 . ANN 8T. ,ltfJ","OO1t, f<<)O"'~01. IDORT&.AVACA nc 71'''' ,IOG SMOUU;l 'leUIMITT", 'N A 8eAL!D INVlLCPE PLAINLY MARKeD: ..AUfl) 1I1Q. ~~ ,,_'-tV" T ~~~ ') .,01 Nt! DUE AT THe JUDGE'S 0"101 ON OR IIFORE: to:oo AM, THUMM Y, OCTO.It', 20fO 111(;1$ WII.1. &Ii AWARDID AT THI COMMl8elC)NfiRS' COUJitT M!eTlNQ ON; rHuR'My. OCf'OUR 14, 1010 TMIi Ol...OCK IN THe COI.lHTY JUDGE'S OFt:lOE 18 THI Ol'l'ICIAI. CLOCK THAT WILL. H ueeo IN OETlRMININca Tl11 TIME THAT A BID IS R&OEIWD AND THE TIME '..-.T IIOS WILL II OPiNilJ. BIOS RECEIV!D AFTE~ THIi OPiNING 11MI WILl. IE RiTURNiW UNOPENED TO BIDDElR. THE 00w.41nION~" COURT "1!8!I\VI!' THE AI"HT TO WAIVI TlQHNleALmE8, FlEJiCT ANY 0" ALL 8106, TO AOOEP'r THB DID ClSeMIl:) MOST AOVANT.AO!Oue"O CAI.HOUN COUNTY AND ;'0 BE THIS $OI.E .IUI)Q! IN OI!T!AMININO WHIOH 1108 WILL SE MOST AOVANTACJIOU8 TO THe COUNTY. TME COUNTY O~ CAt.HOUN, TliXA8 18 AN !QUAL EMPLO'fMiNT OPPORTUNITY IMPI.OYI!fII. THe OOUNTv' COIl NOT tJlSORIMINATI! ON THe BASIS OF RACE, co..~. NATIONAL. OAIOIN. sal(. RELIGION. "elE OR HANDlCAJIl".1) eTI\TllSl IN BMPI..OYM!NT OR THE! PROVISION 01= SERVICES. 11m "... .U......VLK DIUVlRlD ~ VA_lOUt DI'tVILlX PO. COUNTY 'UIL "MICa ,1I~NAr'1tJN VAIIIOU8 ~-~-~~-~~~~-----~~~~----~~-~-~~~---~~~---~~~~~~ $~JIf.I~ 'I'IOIlI., DlmBBL I'UBI. ,.ItloO!L1V1FW MUtt be mad. within ~ hOllrtllftat ~lvl"g orcl.r from the Coimty b.pa"ment In the qlJc.nUty Clrclt~d. If vendor annot Ciellv.r within a.t houl'8 6r """'1' to dttlwf, the. County OIl*tmtrlt wDl CH'der from the next bIN,.t bfdd,r, , "~PRIOE Per GIIIOI"l MUST INOLUDE all reo. arid Gharg..lnoIudlng -'I TIUllf:7"'eou II not extmpt from (fOr ~~.ao 51.tt Exol.. rID(, &tate Dellllory/Envlronmtntll Fee.. Ftdtr.1 on 'plll R. IY. !l''''liU1d Federal ;.)oFAEIi FROM WAT~ AND eV.PENDle MATIER --------~------_...:_----~~~--------------- '" IQt:JPIaA_a UGO'LAIl "O'ffLBAnBD GAIOLDrB "~DEUVERY mutt be mad. wlthln 24 hc:Iu... .tWr reotlvlnu DrcHIr fl'orn the OounlY Dep8J1mtl1t 11'1 Ult quanllty ordered. It vlndor oal'll'Jet dtllvtl. WIthin 24 hOUl't 01' t'8fWSH to deliver, ih, Coumy D.p.rtnMnt WIll ordtr froWI tI'le n.l<t. lovVeet bidder. ~f''''O! Per G.llQn MUST INeUJoe .11 ,... and on.l" InClluclll'l9 ..II TaxMlF... th. Cc>unty 1* not ..mpt 11'01',( <for Olt8MpIe: eQ.20 Stilt. be... Tel, state DeIIv.rylEnYlronMenftl f1tlil', PllIaral OU Spill RecoveJy Fe.. net Federal LU$T TD) ....",.18 FROM WAf!A AND eUSlDiNOiO MATTE~ ANO A MINIMUM OCTANE OF 87 (A :=N ~(p1Nn~~~: . =~.; ~ID bm;-o~ro~~:_n=:YR1DnDJ . __~~S!~~ --_:::_~S'~-~~--ct PlDUUIT AlVEUIPJ.1I111JIIVEIIRRA_i Mol'1dly, '.D~ 21,2010 .... "-- .. ...11. ~ ~ ' l- 10/08/2010 10:13 Calhoun County Treasurer/Auditor 09/2712010 09:1 B calhoun county Treasurer/Auditor (fAX)3615534614 (FAX)3615534614 P .005/005 P .0031005 CAlHOUN COUNTY, TEXAS BID BHEET- IIia-AUT_TED CARD IYBTEM INVII A liON TO BID BIDDER IUN IDAIT -CES I 1118 8 WELlI EDNA TX 77867 BllTEMl.-AUTOMATED CAID SYSTEM 'PERIOIIRIDM OOT08ER 16,2010 PDlDDTO: NOVliMBER 16.2010 yoU ME INVITED TO SUBMIT A BID ON THE ABove ITEM TO: MlCHA&1. of F'FIlI,./t. CALHOUN COUNrY JUlJ~ af1 $ ANN sr, IRQ R.OOR, ROOM 'D1, "OM t.AVAOA 7'X ",.,11 81DS SHOULD BE SUBMITTED IN A SEALED ElNVELOPE PLAINI.. Y MARkSD: 8Dt.m) 8/". ~TQMA~ C)ARO Br!'fEfrf . .IDa AFtIDUe Ai THE JUDGE" OFFICii ON OR BEPOR.: 1DJDO AM, 'fHU~SbA Y, OCtOBER 7, 2010 BIOS WILL BE AWARtlEC AT THIS OOMMIB810NI!"8' ooUI\T MEET[NG ON: THURSDA Vi OQTO..R '14, 2010 THI! QLOOK IN THl! OOUNTY JUDGE'S OFFICI5IS THE OFFICIAl. CLOCK THAT WlI.L IE USED IN CIT!"M1NINC3 THE TIME THAT A BIO IS REOiMiC AND THI!I TIM! THAT BIOS WILL BE OPENED. B[08 AIiCilVlig AJlTIfIl TH! OP!NING TIME WILL BE! RETURNeD UNOPENED TO BIDDER. THE COMMISSIONEFtS' OOURT ~9I!ftVI!$ THIllI\IQHT TO WAIVE TECHNICAl.1l1118. IlU!!Jl!OT NN OR ALL BIOS, TO AOOEf:'T THii SID DEiMiD MOST APV.NT A080ue TO OALHOUN COUNTY ANO TO BE THEi SOLE JlJDGE IN DETEJlIMINING \MIIOlol aiDS WILL BE MOlT AOVANTAQEOUe TO TM! OOUNTY, THi OOUNTV OJ!' OALHOUN, TEXAS IS AN EQUAl. FiMPl.OYMIlNT OPPORTUNITY I!!M~LOYl!ft, THE COUNTY DOli; NOT DISORIMINATE ON TH! IASIS OP RAOIE, OOLOR, NATIONAl. ORIGIN, filEX. REL.llaION, AGE OR HANDICAPPED STATue IN EiMPLOYMENT OR Tt11 PROVISION OF sliFtVICl!e. .t1l17WM1 PUIEl..,.AUTOMATED CARD SV8T&M " DItP14R'l'M1!Nf'l VARJOUa DEUVERV POg aIDDU'. PUI.. PUMP IoOGATION.pOR,. LAVACAJ TX IlEqn7NlI.rltlN VAlUOU8 _________.......,....IIIIIlIII....~,................~~______~.....__~_____....___............_____....__ ."SClt=leAnON1:: DIJDSIDL J"O'IDL ~~ ~~IOe Per GaRon MUST INOLUl:>E .n f... and ~r9.. II'l00ut.![l'IQ ell TexeeIFee& the County i. ngt exempt fl'Ort1 (for example: $0.20 St,t. Exc;:fq Tax, State Oeliv.rylEnvironmental Fe.s. Federal 011 spur Recovery F... end F.f;ferlll LUST TAX) V/,. "~FREE FROM WATER AND SUSPENDED MA'Jl1!" , G~':.:N ~~T ;r:eE --~--~~-~~----~--~--~~---~-----,--~-~----~~---~~ SPECIFJeATlONt:, RBGl1LA.R 'UNLEADED GASOLINE IJoIJo PFuoe Per Osllon MUST INOL.UOc all fee. and Qh-rg.. Including .11 Te.ealFeel tke OcunW Is not exempt from (for example: $0.20 State EXlOise TlilX, Stste Oenv$rylEnvll'Onm.nt.IP.lte. Federal OllTPD1 R vary Fees and Fed.rill LUST TAX) >>FR5E FROM WATER AND eU9PliiiNDED MATTER ANO A MINIMUM OOTANE OF S7 :ViRAGIi MeTHOt)) UJ:JJI. UNIT PRICE l)ALJ.ON .fl. 6 ~ =_ii'~ ~~mp(pMP~BY~~ . I'lIIlTIlR ~~ = TIIBUE~-~..fjJ~ PlUIEUIT BY flCfPTI8RS T8111 ABDVE IPECllCATIIIR Mondlfl S.ptlmbw 27,201 0 III&Il IUlIlOUf.... I l, REQUEST FROM PRECINCT #1 TO LEASE/PURCHASE FROM JOHN DEERE CREDIT A 2005, 672D MOTOR GRADER, SERIAL #601167 TO BE PAID OVER A PERIOD OF FIVE YEARS @ $26,114.91 WITH FEES AND INTEREST TO TOTAL $130,575.55 AND AUTHORIZE COMMISSIONER GALVAN TO SIGN: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the request form Precinct #1 to Lease/Purchase form John Deere Credit a 2005 672 D Motor Grader, Serial #601167 and to be paid over a period of five years @ $26,114.91 with fees and interest to total $130,575.55 and authorize Commissioner Galvan to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Form 8038.G 1 Issuer's name Information Return for Tax-Exempt Governmental Obligations ~ Under Internal Revenue Code section 149(e) ~ See separate instructions. Caution: If the issue price is uncler $100,000, use Form B03B-GC. If Amended Return, check here ~ 0 2 Issuer's errpIoyer idenIificalIon rurber (BN) 74 6001923 4 Report number (For IRS Use Only) OMB No. 1545-0720 Calhoun Coun 3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 202 S. Ann B 5 City, town, or post office, state, and ZIP code 6 Date of Issue Port Lavaca, Texas 77979 10/14/2010 7 Name of Issue 8 CUSIP number Lease-Purchase A reement - Used Motor Grader for Precinct 1 None 9 Name .and title of officer of the issuer or other person whom the IRS may call for more Information 10 Telephone number of officer or other person ( 361 ) rice See instructions and attach schedule 553-4610 11 12 13 14 15 16 17 18 121324 60 11 Education . 12 Health and hospital 13 Transportation, . 14 Public safety . . 15 Environment Qncluding sewage bonds}. 16 Housing. . 17 Utilities . .. . . . . . , . . . . . . . . . . . . . 18 Other. Describe ~ Lease-purchase agreement with~$1 purchase option at end of lease term 19 If obligations are TANs or RANs, check only box 19a . . . . II>- 0 If obligations are BANs, check only box 19b . . . . ~ 0 20 If obUgations are in the form of a lease or installment sale, check box ... I2J lete for the entire issue for which this form is beiri (c) Stated redemption' price at maturity (d) Weighted average maturity (e) Yield 22 23 24 25 26 27 28 29 30 24 25 26 27 28 3.75 % N/A N/A 4.17 underwriters' discount 31 Enter the remaining weighted average maturity of the. bonds to be currently refunded. 32 Enter the remaining weighted average maturity of the bonds to be advance refunded. 33 Enter the last date on which the refunded bonds will be called (MM/DD/YYYY) . 34 Enter the date(s) the refunded bonds were issued ~ (MM/DD/YYYY) For Privacy Act and Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S bonds. ~ ~ ~ years years Form 8038-G (Rev. 5-2010) Form 8038-G (Rev. 5-2010) Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141 (b)(5) . 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIG) (see instructions) . b Enter the final maturity date of the GIC .... 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units . 37a b If this issue is a loan made from the proceeds of another tax-exempt issue, check box.... 0 and enter the name of the issuer.... and the date of the issue .... If the issuer has designated the issue under section 265(b)(3)(B)(i){lIl) (small issuer exception), check box If the issuer has elected to penalty in lieu of arbitrage rebate, check box . If the issuer has identifi a he ge, check box . 38 39 40 Signature and Consent 10/14/2010 Page 2 ....0 ....0 ....0 Date ~ Roger Galvan, Commissioner Pet 1 r Type or print name and title Preparer's SSN or PTIN Paid Preparer's Use Only ~ ( ) Form 8038-G (Rev. 5-2010) CALHo.UNCOUNTY CR 101, ,PORT LAVACA, TX 77979 OEERECREDIT, INC. 6400 NW 86THST, PO BOX 6600, JOHNSTON, IA 50131-6600 This Master Lease-Purchase Agreement ("Master Agreement") is entered into between Deere Credit, Inc., as Lessor ("we", "us" or "our"), and the lessee identified above ("you" or "your'} ~Schedule" shall mean any Lease Schedule signed by you and us, which incorporates the terms of this Master Agreement. :Leilse" shall mean )his Ma~ter Agreement_and any Schedule. JOHN DEERE .CREDIT Lessee: Lessor: ,~:~: TER.MS AND CONDITIONS ,y 1.LllaseTerm;Pavments:You agree to lease from us the property ("Equipment") described in each Schedule for the Lease Term. The Lease, Term will begin on the Lease Term Start Date and end on the Lease Term End Date. All attachments and accessories itemized on the Schedule and all replacements, parts and repairs to the Equipment shall form part of the Equipment. A Schedule is not accepted by us until we sign it, even if you have made a payment to us. You agree to remit to us the Lease Payments indicated in the Schedule and all other amounts when due and payable each Billing Period, even if we do not send you a bill or an invoice. Except as ,otherwise provided in Section 2 of this Master Agreement, YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE AND UNCONDITIONAL, AND ARE NOT SUBJECT TO CANCELLATION, REDUCTION OR SETOFF FOR ANY REASON WHATSOEVER. For any payment which is not received by its due date, you agree to pay a late charge equal to 5% of the past due amount (not to exceed the maximum amount permitted by law) as reasonable collection costs, plus interest from the due date until paid at a rate of 1.5% per month, but in no event more than the maximum lawful rate. " 2. Non-Appropriation of Funds, You intend to remit to us all Lease Payments and other payments for the full Lease Term if funds are legally available, In the event you are not granted an appropriation of funds at any time during the Lease Term for the Equipment or for equipment which is functionally similar to the Equipment and operating funds are not otherwise available to you to remit f-ease Payments and other payments due and to become due under the Lease, and there is no other legal procedure or available funds by or with which payment can be made to us, and the non- appropriation did not result from an act or omission by you, you shall have the right to return the Equipment in accordance with Section 8, of this Master Agreement and, terminate the Lease on the last day of the fiscal period for which appropriations were received without penalty or expen,seto you, except as to the portion of the Lease Payments for which funds shall have been appropriated and budgeted. At least thirty (30) days prior to the end of your fiscal period, your chief executive officer (or legal counsel) shall certify in writing that (a) funds have not been appropriated for the fiscal, period, (b) such non-appropriation did not result from any act or failure to act by you, and (c) you have exhausted all funds legally available to pay Lease Payments. If you terminate the Lease because of a non- appropriation of funds, you may not, to the extent permitted by applicable law, purchase, lease, or rent, during the subsequent fiscal period, equipment performing the same functions as, or functions taking the place of, those performed by the Equipment. This Section 2 shall not permil you to terminate the Lease in order to acquire any other equipment or to allocate funds directly or indirectly to perform essentially the application for which the Equipment is intended. , 3. Taxes. Although you may be exempt from the payment of certain taxes, you agree to pay us when invoiced (a) all sales, use, rental. gross receipts and all other taxes which may be imposed on the Equipment or its use, and (b) all taxes and governmental charges associated with the ownership, use or possession of the Equipment including, but r\otlimited to, personal property and ad valorem taxes ("Taxes"). Taxes do not include those measured by our net income. If applicable law requires tax returns or reports to be filed by you, you agree to promptly file such tax returns and reports and deliver copies to us. You agree to keep and make available t,6 us all tax returns and reports for Taxes paid by you. " . 4. Security Interest: MissinQ Information. You shall have title to the Equipment immediately upon delivery and shall be the owner of the Equipment. You (a) grant us a security interest in the Equipment (and all proceeds) to secure all of your obligations under the Lease, and (b) authorize us to file financing statements naming you as debtor. You agree to keep the Equipment free and clear of all liens and encumbrances, except those in our favor, and promptly notify us if a lien or encumbrance is placed or threatened against the Equipment. You irrevocably authorize us, at any time, to (1) insert or correct infonnation on Schedules, including your correct legal .name, serial numbers and Equipment descriptions; (2) submit notices and pr.oofl? of loss for any required insurance; and (3) endorse your name on remittances for insurance and Equipment sale or lease proceeds. 5. Equipment Maintenance. Operation and Use. You agree to '(a) not move the Equipment to another county or state without notifying us within 30 days; (b) operate and maintain the Equipment in accordance with all (1) ., '." '::YE:.V;:::! !\li I..:.. ~Y",j!,;:: G~V2GDS Pa:.if:'"j of:~ Master Lease-Purchase A reement Agreement No, 0061291 laws, ordinances and regulations, (2) manuals and other instructions issued by .the manufacturer(s) and supplier(s), and (3) insurance policy terms and requirements; (c) perform (at your expense) all maintenance and repairs necessary to keep the Equipment in as good a condition as when delivered to you, reasonable' wear excepted; (d) not install any accessory or device on the Equipment which affects the value, useful life or the originally intended function or use of the Equipment in any way, unless it can be removed without damaging the Equipment; (e) allow us and our agent(s) to inspect the Equipment and. all of your records related to its use, maintenance and repair, at any reasonable time; (I) keep any metering device installed on the Equipment connected and in good working condition at all times; (g) affix and maintain, in a prominent place on the Equipment, any labels, plates or other markings we may provide to you; and (h) not permit the Equipment to be ,used by, or to be in the possession of, anyone other than you or your empioyees. 6. Insurance. You agree, at your cost. to (a) keep the Equipment insured against all risks of physical damage for no less than the Principal Balance (as indicated in the Amortization Schedule attached to and made a part of the SchedLile), naming us as sole loss payee; and (b) maintain public liability insurance, covering personal. injury and property damage for not less than $1,000,000 per occurrence, naming us as additional insured. All insurance must be with companies and policies acceptable to us, Your obligation to insure the Equipment continues until you return the Equipment to us and we accept it. Each insurance policy must provide that (A) our interest in thepoli,cy will not be invalidated by any act, omission, breach or neglect of anyone other than us; and (B) the insurer will give us at least 30 days' prior written notice before any cancellation of, or material change to, the policy. .. . Unless you provide us with evidence of the required insurance coverages, we may purchase insurance, at your expense, to protect our interests in the Equipment. This insurancelTlay not (1) protect your interests; or (2) pay any ,'''Claim that you make or any claim that is made against you .in connection with Ih\l'Equipment. You may later Cfncel any insurance purchased by us, but only aIter providing us with evidence that you have obtained the insurance r13quired by the Lease. The cost of the insurance may be more than the. cost of insurance you may be able to obtain on your own. . . ' 7. Loss or DamaQe. Until the Equipment is returned to us in satisfactory condition, you are responsible for all risk of loss and damage, loss, theft, destruction or seizure of the Equipment (an "Event of Loss"). You must promptly notify us of any Event of Loss. If the Equipment can be repaired or replaced, you agree to promptly repair or replace the Equipment, at your cost, and the terms of the Lease will continue to apply, If the Equipment cannot be repaired or replaced, you agree to immediately pay us the pro rata portion of the Principal Balance, as determined by us as of the day before such Event of Loss occurred. Upon receipt of the pro rata portion of the Principal Balance, we will transfer to you (or the insurance company) all of our right, title and interest in s~ch item(s) of Equipment (each, an "Item") AS-IS, WHERE-IS, WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE. All insurance proceeds must be paid directly to us, and we may apply any excess insurance proceeds to any other amounts you owe us. 8. Return of Equipment. If a Schedule is terminated for any reason including, but not limited to, a non-appropriation of funds p~rsuant to Section 2 of this Master Agreement, you agree to return all Equipment to the place designated by us, at your expense and ,in satisfactory condition, along with all use, maintenance and repair records. Equipment is in satisfactory condition if it is;in as good a condition as when the Equipment was delivered to you, reasonable wear excepted, and conforms to the standards of any Maintenance Addendum incorporated into the Lease. 9. Default. You will be in default if: ,(a) you fail to remit to us any Lease Payment or other payment when due; (b) you breach any other provision of the Lease and such default continues for 10 days; (c) a default occurs under any other agreement between you and us (or any of our affiliates); or (d) you fail to maintain the insurance required by Section 6. Time is of the essence under tl')e Lease. ."0, Remedies. If a defaull occurs, we may do one or more of the following: (a}.recover from you, AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AKlP NOT AS A PENALTY, the Principal Balance as of the date of such default; (b) declare any other agreements between you and us in default; (c) terminate any of your rights (but none of your obligations) under any Lease and any other agreement between you and us; (d) require you to return fhe Equipment in the manner outlined in Section 8, or take possession of the E' ui ment; e iease or sell the E ui ment or an ortion thereof at a ublic or App10997482 ) ADDITIONAL TERMS AND CONDITIONS OF AGREEMENT private sale; (f) apply the net proceeds we receive from any sale" lease or.,".13. Indemnltv. You are responsible for all losses, damage, claims, other disposition of t~e Equipment (after deducting all of our costs .and: . infringement claims, injuries to or the death of an individual, and attorneys' expenses) to your obligahons under the Lease, With you remalOlng liable for fees and costs ("Claims"), incurred or asserted by any person, in any any deficiency; (g) charge you for expenses incurred in connection with the manner related to the Equipment or the lease thereof, including its use, enforcement of our remedies including, without limitation, repossession, repair' condition or possession. To the extent permitted under applicable law, you and collection costs, attorneys' fees and court costs; (h) exercise any other agree to defend and indemnify us, and hold us harmless, against all Claims, remedy available at law or inequity; and (i) take on your behalf (at your although we reserve the right to control the defense and to seleel or expense) any action required by the Lease which you fail to take. These approve defense counsel. You agree to not bring any action for Claims remedies are cumulative, are in addition to any other remedies provided for by against us. You will promptly notify us of all Claims made. Your liability law, and may be exercised concurrently or separately. Any failure or delay by under this Section is not limited to the amounts of insurance required under us to exercise any right shall not operate as a waiver of any other right or the Lease. This indemnity continues beyond the termination of a Schedule, future right. for acts or omissions, which occurred during the Lease Term. 11. Asslqnment. You will not assign, pledge or otherwise transfer any of 14, Time Price. You understand that the Equipment may be purchased your rights or interests in the Lease or any Equipment without our prior written for cash or it may be purchased pursuant to the .terms of the Lease for a .consent. Any assignment without our consent will be void. We may assign Time Price equal to the sum of (1) all Lease Payments due and to become the Lease or our interest in the Equipment at any time without notice to you due thereunder, and (2) the Documentation Fees. By executing the Lease, and without your consent. We may provide information about you to any you have chosen to purchase the Equipment for that Time Price. You and prospeelive assignee or participant. You agree not to assert against our we intend to comply with all applicable laws. In no event will we charge or assignee any claims, offsets or defenses which you may have against us. collect any amounts in excess of those allowed by applicable law. In the 12. Representations and Warranties. You represent and warrant to us, as event any amount in excess of that allowed by law is charged or recovered, of the date of this Master Agreement and of each Schedule, and covenant to any such charge will be deemed limited by the amount legally allowed and us so long as the Lease is in effect, that: (a) you are a State, or a political any amount received by us in excess of that legally allowed will be applied subdivision thereof, for purposes of Section 103 of the Internal Revenue Gode by us to the payment of amounts legally allowed under the Lease, or of 1986, as amended (the "Code"); (b) any documents required to be delivered refunded to you. . ., . in connection with the Lease (collectively, the "Documents") have been duly 15. Miscellaneous. WE HAVE NOT MADE, AND DO NOT MAKE, ANY authorized by you in accordance with all applicable laws, rules, ordinances, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO and regulations; (c) the Documents are valid, legal, binding agreements, THEEQUtPMENTS MERCHANTABILITY, FITNESS FOR A enforceable in accordance with their terms and the person(s) signing the PARTICULAR PURPOSE, SUITABILITY, OR OTHERWISE. WE ARE Documents have the authority to do so, are acting with the full authorization of NOT LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES. You your governing body, and hold the offices indicated below their signatures; (d) acknowledge that no supplier or dealer of the Equipment is an agent of ours, the Equipment is essential to the immediate performance of a governmental or or authorized to act for or bind us. You agree not to withhoid any amount proprietary function by you within the scope of your authority and shall be' you owe us if you believe you have a claim against us, or any Equipment used during the Lease Term only by you and only to perform 5uch function;.(e)';supplier(s) or manufacturer(s), but to pursue that claim independently. Any you intend to use the Equipment for the entire Lease Term and shalUake'qll .'.' c1aim,you have against us must be made within two years after the event necessary action to include in your annual budget any funds required to: fulfill: 'that caused it. All notices must be in writing and will be deemed given 5 days your obligations each fiscal period during the Lease Term; (f) you 'have' after mailing to the intended recipient at its address indicated above, unlesS complied fully with all applicable law governing open meetings, public biddirig changed by a notice given in accordance with this Seelion. Each Lease and appropriations, required in connection with .the Lease and the debt ul!d~r supersedes and replaces all prior understandings and communications (oral applicable state law; (g) your obligations to remit Lease Payments an.d cUier or written) conceming the subject matter thereof. No part of any Lease can amounts due and to become due under the Lease constitute a current be amended, waived or terminated except by a writing signed by both you expense and not a debt under applicable state law; (h) all financial information and us. Any part of this Master Agreement may be signed in separate you have provided is true and a reasonable representation of your financial counterparts that, together, will constitute one document. If a court finds any condition; (i) you shall not do or cause to be done any act which shall cause, part of this MasterAgreement to be invalid or unenforceable. the remainder of or by omission of any act allow the interest portion of any Lease Payment to this Master Agreement will remain in effect. You permit us to monitor and become includible in our gross income for Federal income taxation purposes record telephone conversations between you and us. All of our rights under under the Code; 0) you shall maintain a complete and accurate account of all each Lease shall remain in effect after the expiration of the Lease Term or assignments of the Lease in the form sufficient to comply with book e,ntry termination of the Schedule. . requirements of Section 149(a) of the Code and the regulations prescribed thereunder from time to time; and (k) you shall comply with the information reporting requirements of Section 149(e) of the Code. Such compliance 'shall include, but not be limited to, the execution of 8038-G or 8038-GC Infonnation Returns.' .' Date: Date: L} " 'Y C.\ ,: C>-:Ef./;:~T r,:lLPi'J. {f\:1ut'r: G4i;::GG~j Pw:::.>; Z or ). App109974B2 JOHN DEERE CREDIT Lease Schedule Lease Schedule No. 030-0061291-000 Master Lease Agreement No. 0061291 Lessee: CALHOlJN COUNTY (Name & Address) CR 101, ,PORT LAVACA, TX 77979 ,PEERE CREDIT, INC. !349P/'olVv8.6Ih~T,f'O<B9)( 13600, JqHNSTON, IA 50131,6600 2005 JD 6720 MOTOR GRADER DW672DX601167 4125 $121,314.60 'Ad\l'llnc,e Lease 'Pa ment '~Advance Lease Payment includes the first 1 and last 0 Lease Payment(s) "Master Agreement" shall mean the above referenced Master Lease-Pl!rc:hase Agreement. "Schedule" shall mean this Lease Schedule. "Lease" shall mean this Schedule and the Master Agreement. All of the terms and conditions set forth in the Master A9reement and any amendment, addendum, schedule or attachment thereto or hereto including, but not limited to, the Maintenance Addendum are hereby incorporated into and made a part of this Schedule. Lease Pavments. You agree to remit the Lease Payments (and you; (4) you received the written warranty applicable to the Equipment and applicable sales, use and property taxes) on the dates noted above and understand that your rights under the written warranty may be limited; (5) the all other amounts when due to: DEERE CREDIT, INC" P.O. Box 4450, Equipment is unconditionally and irrevocably accepted by you as being suitable Carol Stream, IL 60197-4450. " for its intended use; (6) the Equipment is in good condition and repair Purchase Option, You may purchase the Equipment at the end of the (operating and otherwise); (7) the Equipment shall be used only for the purpose Lease Term for $1, provided (1) you are not in default, and (2) we receive indicated herein; (8) all information provided to us by you is true and correct. all amounts you owe us on or before the Lease Term End Date (the" ',', You acknowledge and agree that: (1) we did not select, manufacture or "Purchase Option"), Upon exercise of the Purchase Option, we will (a) supply any of the Equipment; (2) we acquired the Equipment at your direction; transfer to you all of our right, title and interest in such Item(s) of Equipment (3) you selected the supplier of the Equipment; (4) you are entitled to all AS,IS, WHERE.IS, WITHOUT ANY WARRANTY AS TO CONDITION OR manufactLlrer warranties ("Warranty R'ights") and we assign all Warranty Rights VALUE, and (b) release our security interest in the Equipment. to you, to the extent assignable; (5) you may request an accurate and complete Representations and Warranties. You represent and warrant to us,a~ , ,statement of the Warranty Rights, including any disclaimers and limitations, of the date you signed this Schedule, that (1) the Equipment was selected directly from the manufacturer; and (6) you assign to us all your rights (but none by you; (2) the Equipmer,1 'ncluding all manufacturer manuals and of your obligations) under all purchase orders, purchase agreements or similar instructions) has been de,li\1ere to, and examined by, you; (3) the safe documents relating to the Equipment. You waive all rights and remedies o eration and the ro er' servic n of the E ui ment were ex lained to conferred upon a lessee under Article 2A of the Uniform Commercial Code, 10/14/2010 o Monthly 0 Quarterly DSef1'1i~Annual It! Annual DEERE CREDIT, INC. 6400 NW 86'h ST, PO BOX 6600 JOHNSTON, IA 50131-6600 By: By: Date: Ti.t1e: Date: .~~ :'. ~')(.d; t,:': nA. -;1<<; :;~ F:,nw:: '; of' .2 App 10997482 ","':",' JOHN DEERE CREDIT .. Amortization Schedule LeaseSctiedule No. . 030-0061291-000 Master Lease-Purchase Agreement No. 0061291 Lessor: CALHOUN COUNTY CR 101, PORT LAVACA, TX 77979 DEERE CREDIT, INC. 6400 NW 86'h ST, PO BOX 6600, JOHNSTON, IA 50131-6600 3.75% . Lessee: (Name & Address) Nominal Annual Rate: Remaining Balance: Lease 10/14/2010 121,324.60 1- ------107141201o 26,114.91 0.00 26,114.91 95,2~~ ------.---..~._-----.----2-.-- 11/14/2010 0.00 ---- 297.53 297.53w 95,507.22 -----------..-------....-y ------.--....TI7f4/2fiTo-- -------- O,OCf:-----298.46- -- 298.46- 95,805.68 ~=-.==-~=:=-.=::~~=:-.~~~- ======:~I~: :;;~-: - ~.~~ ~---;~~:~~- ,------ ;~~:~~: ~~:~~~:~~ -----------..----~- :=-'-===::=:~~7T-~;~ j-~- ==-=::==-.-%:-~~- =-- ... -----------~~HT--=_~-----m-..-------~~+iF~__~==_--~4~~~~;[ --.-----.------8 ---- 051(4'72OTT 1---- 0.00 303.15 303.]5: 97,312.03 r------- 9' -- 06/14/2011 0.00 304.10 --- 304.10- 97,616.13 --------.-TO--. 07/14/2011 0.00 305.05 305.05- 97,921.18 ------------.----TT. --------- 08/1412011" ---------- 0.00,__ . 306.00 306.00- 98,227.18 f------------12- - 09/14/2011 o.OO~-~ 306.96 --"306.96- 98,534.14- f--- 13 10/14/2011 26_114.91 307.92 25,806.99 72.727.15 ----14 11/]4/201] . o.od 227.27 227.27- ---72,95_~ t---..--------.------15-------r211412011-----. 0.00' 227.98 227.98- 73,182.40 - -------.-----16 01/14/2012 0.00 228.70 228.70- 73,4] 1.10 ----- 17 02114/2012 0.00 229.41 229.41- 73,640.51 --. - ---------uf - 03/14/2012 0.00 230.13 230.13- 73,870.64 -----------------r<.)~--.----- 04!l4/2012 - 0.00 - 230.85 230.85- 74,101.49 --'20'-- 05!l4/20 12 0.00 231.57 231.57- 74,333.06 -----21 06!l4/2012 ' o.o.li .... .' 232.29 232.29- 74,565.35' ------.--OM---n- --"----_.. 07/14/2012 O~OO~- 233.02 - 233,02- __.______. 74}9~~Z- -- -2'3r----:---68Ti"4/20TI- . 0:6(r1~---23I74 233.74- 75,032.11 -- 24 09!l4/20] 2 it&H 234.48 234.48- 75,266.59 25 10/14/2012 26,114."911 235.21 25,879.70 49,386.89 ------ 26-- 11114/2012 -----------..9.:Q.~E 154.33 -- 154.33- -- 49,541.22 ----------."27 12!l4/2012 0.00 154.82 154.82- 49,696.Q~ 28 01/1412013 0.00 155.30 155.30- 49,851.34 ---------29-I---~- 02114/2013 ~ 155.79 155.79- 5000713 ==------~=-~~~==----~~ -==~~%~::~;~:1-- ---- ----- --=~~-~}~=~--=_=~- - \~~[:=: __ :~~~ ~--~=- ~~:~~~~ -----.--~----32f----------05/14/2013 0.00 157.25 157.25- 50,477.41 ---------3'3. 06114/2013 -. 0.00 157.74 157.74- 50,635.15 -----------------34 07!l 4/20 1 3 0.00 ______-,-___ 158.~l..+_ 158.23- 50,793.38 =~=~::::::::=::==.=::=-----35-=::::=-_~.:::::=~@_~!20 !t ====~~_____J!.:QQ... _c'-._____~8 .73 158. 73- 50,?~ 36 09114/2013 . O~OO' 159.23 159.23- 51,1]1.34 -----------.-.j"7--- 1011412013 26,114.91- . 159.72 25,955.19- ----- 25,156.T5 ----------------------38- .---- 11114/2013 0.00 78.61 78.61- 25,234.76 ----------------.- 39 f---"--12!l4/20l3 0.00...1...._---- 78.86-' 78.86- 25,313.62 ..------------------.{Oc-- 01114/2014 -- ooo"T 79]1 7911 2539273 ~=_=-=:=_____.___ 41 02!l4/2014 0:00 ....---- 79:35 79:35~ 25:472:08 42 03!l4/20 14 0.00 79.60 79.60- 25,551.68 -------------.-----;U+----- 04114/2014 -- 0.00 79.85 79.85- 25,631.53 ---------~----. 05/14/2014 0.00 80.10 I 80.10- 25,711.63 ______~~I--___ 06/]4/20]4 0.00 80.35 J 80.35- 25,791.98 ~___. 46 07/14/2014 _.__ 0.00 80.60 J 80.60- 25,872.58 Payment Number: Date: Lease Payment: Interest: Principal: i.'''_.' ~2,,:J,;:~:;tiok (;.i.:~::'j:)D f':"a~?~f of 2 App 10997482 Payment Number: 47 ------.--------"- 48 Date: By: Dale: {}::';i ~~i~A(:>fC.i.?/,T10N Si~~HEl':;Ut.E f.>t.:~:'GC:~ Lease Payment: 0.00 0.00 26,] 14.91 1.00 130,575.55 Principal: 80.85- 81.10- 26,033.55 0.98 121,324.60 Interest: 80.85 8J.l0 81.36 0.02 },250.95_ __ DEERE CREDIT, INC. :.6400 NW.86'" STREET. PO BOX 6600 JOHNSTON, IA 50131-6600 / By: Title: .:.i ':<\(1;:~ :; . .,' ; Remaining Balance: 25,953.43 26,034.53 0.98 0.00 Dale: App 10997482 (LETTERHEAD OF LESSEE'S COUNSEL) (Date) )p-/f> 1.~ 10 , '-" Deere Credit, Inc. PO Box 6600 Johnston, IA 50131-6600 RE: Master Lease-Purchase Agreement No. 0061291 dated 10/14/2010 (the "Master Lease") and Lease Schedule No. 030-0061291-000 dated 10/14/2010 (the "Lease Schedule"), and entered into between CALHOUN COUNTY ("LeSsee") and Deere Credit, Inc., its successors and assigns ("Lessor") (The Master Lease and the Lease Schedule are hereinafter collectively referred to as the "Lease"). Gentlemen and Ladies: I have acted as counsel to Lessee in connection with the execution and delivery of the Lease by Lessee and, in this capacity, I have reviewed a duplicate original or certified copy of the Lease and such other documents and instruments as I have deemed necessary or appropriate. As counsel for Lessee, I have made such factual inquiries, and have examined or caused to be examined such questions of law as I have considered necessary or appropriate for the purposes of this opinion. Based upon such inquiries, examination and review, I am of the opinion that: (a) Lessee is the entity indicated on the face of the Lease and is a political subdivision of the state in which it is located. Lessee is duly organized and existing under the Constitution and laws of said state, and is authorized to enter into and to carry out its obligations under the Lease. (b) Lessee has complied fully with all applicable law governing open meetings, public bidding and appropriations required in connection with the Lease and the acquisition of the Equipment. (c) The Lease has been duly authorized, executed and delivered by Lessee in accordance with all applicable laws, rules and regulations. The Lease is a valid, legal, binding agreement, enforceable in accordance with its terms, except as limited by laws of general application affecting the enforcement of creditors' rights. (d) The person signing the Lease (1) has the authority to do so, (2) is acting with the full authorization of Lessee's governing body, and (3) holds the office indicateq below their signature. The signature of the person signing the Lease is genuine. . ~>',' :,<: - (e) The execution of the Lease and the appropriation of funds to meet its obligations thereunder do not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee, (f) The Lease does not constitute a debt of Lessee U~Aplicable state law or a pledge of the tax or general revenues of Lessee. . ::-'. f By: R/ ,=:.:':r,! ".> '>;1.:;(:,: '... h!O~. App 10997482 ;.,. . JOHN DEERE CREDIT Physical Damage/Liability Insurance Lease Schedule No. 030-0061291-000 Master Lease Agreement No. 0061291 Lessor: CALHOUN COUNTY CR 101" PORT LAVACA, TX 77979 DEERE CREDIT, INC. 6400 NW 86'h ST, PO BOX 6600. JOHNSTON. IA 50131-6t>oO Lessee: (Name & Address) LIABILITY INSURANCE on the above referenced Lease Schedule (the "Schedule") to the above referenced Master Lease Agreement will be provided by the following insurance agency: _____________.____ .NS~o~.A~,nc...\L1--~,-^-~.,- " 1..... -- J-.....-~ ....---- "'::--- Or. '~'\ ('\,\ ,.... J"^^ ,'~,..fo..-.~^.) Phone Number of Agency: .....' A 4 t:'~ ....) t V \ ~ v v.....'^"'''---' I...JI.d./ v""'" 'I vv y v' \...~ ~ v '""v.....- ,--" .... -3eo \ ...-'{ ',;)..0\ _. ~,;,!'i: 1 .~ Mailing Address of Agency . \} ..-- Fax Number of Agency .----.-- C;; \ ~_.. k C ->.,.. 0,' ~~-oj...., -g,'-:z. Q ""3'(01- -7~O\ ~ ~<:( (--1.. \ \ D'J-. (..,. h.LW0--\..Q..JL/ ~'Y\ '. (vf.X). i.i LA [\ I 'b ..) ~ 0'.. ~ ",) PHYSICAL DAMAGE INSURANCE on the Schedule will be provided by the following ~ ency: . -Name of Age!nc, y: , rr " Phone Number of Agency: .fja..IVY\JL~ (.-:t..L?___~:Q'l)-r<..~-____________.._~____.___ -Mailing-Address of Agency . Fax Number of Agency "'If an insurance certificate is available, it should be provided in place of the above information ADDITIONAL INSURED and LOSS PAYEE: Deere Credit, Inc. It's Successors &/or Assigns 22408 Network Place Chicago, IL 60673-1224 Date: Contact Date(s): Office Use Onl Contact Name: liability Insurance Company Policy #: LIability Insurance Expiration Date Liability limits: Notes: Physical Damage Insurance Company and Policy # Physical Damage Insurance Expiration Date Insured Value: Notes: Loss Payee Deere Credit, Inc.? DYes OWiIl Be Added . Verified By: ~.):':;unt.r,:,..: ."e>,",,".", App 10997482 e JOHN DEERE CREDIT Advance Lease Payment Invoice ; ;, ,Due Date: 10/14/2010 :'\'- Total Due: $26,114.91 Billing Address: Updated Billing Information: CALHOUN COUNTY 202 S ANN PORT LA V ACA, TX 77979 Please Note: All future invoices will be sent to the billing addr.ess shown unless you update your billing information above. App# Mfg. Model # Serial Number Due Date RentallTax Amount Security Deposit Processing Fees Total Due ..... ....:.....:,..,-'......, .: .', ...:-:...:.:' ",":'. . < .... , Corr~sp()ncfenceOnly: John Deere Credit Attn: Lease Administration PO Box 6600 Johnston, IA 50131-6600 John Deere Credit Attn: Acct. Dept, - ALP Processing PO Box 6600 Johnston, IA 50131-6600 Phone: (800) 771-0681 - select "lease" prompt" Fax: 800 254-0020 Lease issues onl TO ENSURE PROPER CREDIT, STAPLE CHECK AND REtURN THIS INVOICE WITH THE LEASE DOCUMENTS. :'[1' STAPLE ADVANCE LEASE PAYMENT CHECK HERE Every Dishonored Check will result in a fee of $20.00 or arfamount not to exceed the highest amount permitted by law. l)(;) ,\j)VJ~NCf: LE)~,SE F'.>'\V~{if:MT fNV{)lCF 'n;',~!){}-1 10997482 :l~;_~;j'2"~ c/-j App : . ". ~'. ) JOHN DEERE CREDIT DIRECT PAY-RECURRING ENROLLMENT Eligibility Your account with John Deere Credit must be current in ord~rtoeJ1F~!!f?rthe Direct-Pay Recurring payment option . . Your account with your financial institution must allow automatic withdrawals How to Enroll Complete and sign the authorization form below. Please be sure to provide all information requested. Bank and account information, Le., whether it is a saving or checking account. For the typical checking accounts, the account information is located similar to the sample business or personal checks below: Sample Personal Check i,;i;;;"} l . ,..",,,,1,'. [I.'. '''t:;, ~;;:~\l' ! . . .';~~'[:~1:::~1~::~=~)J ,~," :~; ~'4 ;:.~jouw Sample Business Check f;;;~;';~-'~'-----~~~);~~"---'-''-'-_.^V_''~---~':;;''1 l"',t:::::,;:';t' . :>Olii.~\!lpany 'I. t ' ',' .......~, N'o,o~"'ee~QlJ .' J ~.,~._ ._~........~ ," .j ffiJf~l~ .~;::;:::m~~rtL. '~~~~?:I I I~:).;W' 'NI\V~, i . "'''''"' . ~. _ ~1...1.... ~~, 1 t rl1iln-_.i~ '1fI#.Jti~..tt' 1 6",.....~.._....:::.~..~~'!_~.!~..._,E?.~.:~~~.~~,:,_..~"~~!,~, ~~.~~~:H_N"_~~.__~,...._;o:J " ,h:<lli) E.fhil\tM-~. i 1$lH! (:",I<<m ;\'t"unll~' l.nllrWil!t'. 'Jo.:t'nIIJ...-k,- .jflU,S .p)l,Illnc; ,_Ind ('h~~br..it ~he(s.: .. 1:r~~Hit II .~...<:(ql,",l{ tt Fax Number for Direct Pay-Recurring Enrollment: 1-800-826-9527 Mailing Address for Loans or Leases (Agricultural, Lawn and Grounds G.<I;e.. and Construction and Forestry equipment) John Deere Credit, Alln: Customer Service, PO Box 6600, Johnstbn;'IA 50131-6600 Mailing Address for Credit Card accounts (John Deere Lawn and Grounds Care credit card equipment) John Deere Credit Revolving Product, Alln: Customer Service; PO Box 5327, Madison, WI 53705 JOHN DEERE CREDIT DIRECT PAY-RECURRING AUTHORIZATION FORM My signature below authorizes Deere Credit Services, Inc. and its affiliates, (the Company), to initiate debit entries to the checking/savings account below for the regularly scheduled payments or other amounts that I may owe the Company. This authorization is to remain in full force and effect until canceled by the Company, or by written notification from me, given in such time and manner as to allow the Company a reasonable opportljnity to act upon it. Bank Name John Deere Credit Account # Sank City & State Name on John Deere Credit Account Name on Bank Account .Social Security Number/Federal Tax 10 Sank Routing and Transit # I request Direct Pay Recurring to begin with my payment due the month of Bank Account Number Type of Account: _Checking _Savings I understand any payment due prior to the month I requested above, must be made in order to be eligible for Direct Pay Recurring. Bank Account Owner Signature Date Bank Account Owner Phone # II JOHN DEERE Lease Settlement & Bill of Sale CREDIT Lea.se Schedule No. 030-0061291-000 Master Lease Agreement No. 0061291 Lessee: CALHOUN COUNTY (Name & Address) CR 101" PORT LAVACA, TX 77979 , . DOGGETT MACHINERY SERVICES, GP 117-7166 Supplier: 705 E NOLANA LOOP, PHARR, TX 78577 Dealer No: . .' DEERE CREDIT,INC. Lesspr: . 6400 NW 86th ST, PO BOX 6600, JOHNSTON, IA .50131-6600 * Please review the following information carefully: This information reflects the credit to your dealership.* 1. SellinQ Price $121,314.60 2. Trade - In - $0.00 3. Up-front Sales Tax - Financed + $0.00 4. Preventative Maintenance - Financed + $0.00 5. Secure/Power Guard - Financed + $0.00 6. Insurance Premium - Financed + $0.00 7. Processing/Origination Fee - Financed + $0.00 , 8. Official/UCC Fees Financed + $10.00 9. Amount Financed (Purchase Price) .' ,.:,'" $121,324.60 10. Less: Up-Front Sales Tax Remitted by JDC ,-"',,. - $0.00 11. Less: Insurance Premium Submitted by JDC ....-. . - $0.00 12. Less: ProcessinQ/Oriqination Fees for JDC - $0.00 13. Less: Official/UCC Fees for JDC - $10.00 14. Less: Dealer Reserve (Aq only) - $0.00 15. Less Dealer Subsidy (mandatory program charge) - $0.00 16, Less: Dealer Buy Down (optional) - $0,00 17, Add: Dealer Participation + $0,00 18. Credit to Dealer for Lease $121,314.60 Subject to acceptance of the above referenced Schedule by Deere Credit, Inc. ("Deere Credit"), Dealer hereby sells, transfers and assigns to Deere Credit all of Dealer's right, title and interest in and to the Schedule and the equipment described' in the Schedule (the "Equipment") for the Purchase Price shown on Line 9. .Dealer represents and warrants that (1) the Equipment is free from all security interests, liens, and encumbrances (except those held by Deere & Company or subsidiaries), and (2) the safe operation and proper servicing of the Equipment and. the importance of following the instructions in the Operator's Manual'were explained to Lessee. All risk of loss to the Equipment shall remain with Dealer until the Equipment is delivered to and accepted by Lessee under the terms of the Schedule. Dealer acknowledges and agrees that (1) Deere Credit's rights, as described in the John Deere Agricultural Dealer Leasing Agreement or the John Deere Construction Dealer Leasing Agreement, to purchase the Equipment may be assigned to John Deere Exchange, Inc. or such other parties as Deere Credit may identify from time to time, and (2) regardless of whether Deere Credit assigns these rights, Dealer acknowledges and agrees that the prOVisions of Section 1.4 of the John Deere Agricultural Dealer Leasing Agreement or the John Deere Construction Dealer Leasing Agreement shall govern Deere Credit's payment of the Purchase Price to Dealer. By signing below I agree that the proceeds from this lease transaction are accurate and reflect the appropriate credit to my dealership. DOGGETT MACHINERY SERVICES, GP . 705 E NOLANA LOOP, '. .: PHARR, TX 78577 .. '. By: ,. AUTHORIZED SIGNERfTlTLE Dale: . --- : ,~:~';':i~);:'~', '::';~. f~ ~{d: ;';;1" :";:.:n:i},'; ~;'.i ,;: App 10997482 ease e emen I 0 a e - ~QUlpmen IS Year Make Model Equipment Description Serial Number Invoice Datel Retail Value Invoice Number 2005 -JD 6720 MOTOR GRADER DW672DX601167 $121,314_60 :j-,':";, -- ',. -_..,---- ~----------h- --"---'----- ------------------------------------------------c..;;--- ----------- ---------------- ---------------------- ------~ --.. ------ --- L S ttl t & B"II f 5 I E t L" t C~}.\;O ~~.;.{....i::.l~:;n{~:~~ :\ E~H (;.~ '~<J~;; -h f?G\:'lj 2" ot ~:. App 10997482 I I Federal and State Agency Claim for Exemption of State and Local SaleslUse Tax Purchaser , Name: CALHOUN COUNTY Address: 202 S ANN, PORT LA V ACA, TX 77979 ID Number (If Applicable): Seller Name: DEERE CREDIT, INC. Address: 6400 NW 86TH ST JOHNSTON IA 50131 Description of Item Being Purchased: U JD 672D GRDR SN: DW672DX601167 By signing bpi ,:UCChaser c,rtit:t the items being p~rchased are exempt from state and local sales tax. "/' iV',,' , /,/'7 C' -f ~ J / h / / . By: ___.1_ -1LY~/1 j :.I!L 'n f.~, r v /4 v , -- , , ;." , .. ,. ". .7 TItle: [)V4Jl(Ji((., ,/t,)l {/l/ , f I rJ::;J ( 1\."- Date: _--Ii) ~/ 1...- 'iO / {) , I \J I . /i. Telephone Number: ,3~/.-'- ).t)Z-.:.-=--'1:.tt;7~-- ,,< ',.j>' ",'",!. ";2);> ;>YU:' ;.: G~ :.-: App 10997482 .i r;:. AGREEMENT FOR AMBULANCE SERVICES BETWEEN MEMORIAL MEDICAL CENTER AND CALHOUN COUNTY EMERGENCY MEDICAL SERVICES AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to approve the Agreement for Ambulance Services between Memorial Medical Center and Calhoun County Emergency Medical Services and authorize Judge Pfeifer to sign the agreement. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 1.. Serving all of Calhoun County * Calhoun County * Emergency Medical Services 705 County Road 101 · Port Lavaca, Texas 77979 · www.calhouncountyems.com 361-552-1140 · 361-552-6552 Fax Established 1980 September 9,2010 Mr. Jason Anglin Chief Executive Officer Memorial Medical Center 815 N. Virginia Port Lavaca, Texas 77979 Ref; EMS Contract Renewal Dear Mr. Anglin, Attached you will find the new contract for EMS services for 2011. The only change in the contract from 2010 is a ten percent increase in our contract rate. The change keeps us at or near Medicare's lowest allowable rate which is required by law. I would welcome the opportunity to meet with you and explain how we determine if MMC is to be billed per the contract. The contract has to be approved by the board and signed by you before I can take it to Commissioners Court for approval. That is why I am forwarding the contract to you now so you may get it on your agenda as early as possible. Again, I would be happy to come to your office and meet with you. I also would like to invite you to come visit me at our new facility on County Road 101. ~ Final 20 I I AGREEMENT FOR AMBULANCE SERVICES BETWEEN MEMORIAL MEDICAL CENTER AND CALHOUN COUNTY EMERGENCY MEDICAL SERVICES THIS AGREEMENT, made and entered into by and between the following MEMORIAL MEDICAL CENTER (hereinafter referred to as "FACILITY") and CALHOUN COUNTY EMERGENCY MEDICAL SERVICES. (hereinafter referred to as "PROVIDER"), provides as follows: WHEREAS, FACILITY desires to maximize efficiency and service levels for medical transportation and has conducted an analysis of its medical transportation needs. Through this analysis, FACILITY has determined that such needs will best be met through a preferred coordinated medical transportation system agreement with the PROVIDER; and WHEREAS, PROVIDER is in the business of providing medical and ambulance transportation and advanced life support professional services; and WHEREAS, FACILITY and PROVIDER recognize that the ground ambulance transportation needs of FACILITY will be evolving and therefore, it is not possible to define all of the terms of the specific services required by FACILITY, which may be provided by the PROVIDER. The parties desire at this time to define the transportation services to be provided by PROVIDER and to establish mechanisms under which PROVIDER may provide future services to FACILITY related to ambulance transportation services, including services to be developed through prioritization of pre-planned, scheduled, emergent and non-emergent ambulance calls initiated by FACILITY. The parties intend that if the future services outlined in this AGREEMENT are expanded, the parties will execute addenda, further defining the services to be provided; and WHEREAS, FACILITY and PROVIDER desire to enter into a long-term, agreement under which FACILITY and PROVIDER will jointly develop and PROVIDER will operate and/or coordinate a turn-key coordinated medical transportation system to serve all of FACILITY'S ambulance transportation needs utilizing existing reimbursement sources which maximizes the benefits of a coordinated network; and NOW, THEREFORE, FACILITY and PROVIDER do hereby agree as follows: 1. SERVICES AND RESPONSIBILITIES OF PROVIDER FACILITY has selected PROVIDER as its "preferred provider of medical transportation" services within the primary service area as defined by Section VIII below, through an analysis of the quality of ground ambulance transportation services that PROVIDER provides. Accordingly, during the term of this AGREEMENT and extensions hereto, PROVIDER agrees as follows: A. Services Provided PROVIDER agrees to provide appropriate ambulance transportation and related services to FACILITY in accordance with the terms of this AGREEMENT and all addenda hereto. Requests by FACILITY for services which originate and lor terminate outside the boundaries of the primary service area as defined in Section VIII below may by referred by provider to another licensed ground or air ambulance provider after appropriate coordination with and approved by Facility. (In this circumstance, PROVIDER will not be liable to the alternative ambulance provider for the payment of any charges, fees or professional service charges rendered in association with such transport.) Final 20 I I B. Emergency and Non Emergency lines Provider agrees to provide and maintain a telephone number for FACILITY to access PROVIDER for all FACILITY ambulance transportation requests covered by this AGREEMENT. This number is intended as a public number. PROVIDER will provide sufficient telephone lines and communication technicians to assure prompt answering of all incoming calls from FACILITY. PROVIDER'S telecommunication personnel will coordinate the required transportation services. PROVIDER will provide a listing of emergency numbers, non-emergency numbers that can be utilized to contact the PROVIDER 24 hours per day seven days a week. C. Inter-facility Ambulance Transportation Services Provider will provide inter-facility ambulance transportation services and such other ambulance ground transportation services at the request of the FACILITY. Inter-facility ambulance transportation services shall be defined as ground ambulance transports originating at FACILITY and other facilities as FACILITY and PROVIDER may mutually agree upon in writing. Inter-facility transportation services ordered by FACILITY shall be ordered through the Emergency and Non Emergency lines described in the preceding paragraph. Compensation rates for each facility shall be listed in ADDENDUM A below. D. Applicable Standards PROVIDER agrees in the performance of the services, to be bound by, and comply with, (i) by the bylaws, policies, rules and regulations of FACILITY and the medical staff of the FACILITY facilities, as each may be amended from time to time (provided that such amendments do not materially increase PROVIDER's obligation hereunder or materially affect the fmancial or economic interests hereunder of PROVIDER), and (ii) the standards, rules and regulations of the United States Department of Health and Human Services (hereinafter referred to as "HHS"), the Texas Department of Health, the Joint Commission on the Accreditation of Healthcare Organizations (hereinafter referred to as "JCAHO"), Medicare, Medicaid, and any other federal, state or local governmental agency or third- party payor, exercising authority with respect to, accrediting or providing reimbursement for FACILITY. E. Etiquette PROVIDER, through its employees, shall treat all FACILITY staff and employees with proper respect, courtesy and professionalism. PROVIDER's employee's conduct shall at all times be appropriate and conductive to effective patient care and consistent with prevailing norms recognized and accepted throughout the community. F. Licensure PROVIDER covenants, represents and warrants to FACILITY that: (i) it and its employees are, as appropriate, duly licensed, certified, registered and in good standing under the laws of the State of Texas and the county(s) outlined in Section VIII below to provide the services under this AGREEMENT, and agrees that they shall retain such licensure, certification, registration and good standing status during the term of this AGREEMENT; (ii) each ambulance vehicle shall be registered and licensed according to state and local rules, regulations and laws; and (iii) each ambulance vehicle shall be staffed with certified and/or licensed personnel in accordance with state and local rules and regulations. G. Experience and Training PROVIDER represents and warrants to FACILITY that its employees are professionally trained in emergency medical technician practice and will, during the term ofthis AGREEMENT, take all actions necessary to maintain such training. Final 20 II H. Training Provider agrees to conduct an in-house training program for field employees that significantly supplements the training that they received in their EMT training courses that meets or exceeds TDH standards. I. Vehicle Maintenance PROVIDER agrees that its fleet will be well maintained and response ready to provide services under this AGREEMENT. J. Access to Records Provider shall maintain a medical [ecord, known as a "Patient Care Report," for each patient receiving services under this AGREEMENT. Said medical record shall be in such form and containing such information as required by the laws, ruled and regulations of the State of Texas and JACHO. K. Good Faith PROVIDER agrees to act in good faith at all time in performing its obligations and implementing the provisions of this AGREEMENT, including negotiating alternate reimbursement practices and the terms of any addenda. L. Services Excluded Transports of a distance greater than 150 miles II. RESPONSIBILITIES OF FACILITY During the term of this Agreement and extensions hereto, FACILITY agrees as follows: A. Promotion of AGREEMENT F ACIL TIY will conduct an internal and promotional campaign to educate its medical staff members, employees and others making arrangements for ambulance transportation about the general terms of this AGREEMENT, including periodic updates and reminder notices. Specifically, FACILITY will use its best efforts to ensure that employees who requests ambulance transportation services are informed of and utilize the Emergency and Non Emergency lines and have been made aware of the preferred nature of this AGREEMENT. B. Promotion to Medical Staff Members FACILITY and F ACIL TIY'S medical staff members, including physicians providing services under managed care arrangements, are accountable under Federal COBRA regulations for the selection of an appropriate medical transportation provider. FACILITY shall communicate in a reasonable manner the general terms of this AGREEMENT to said medical staff members. C. Access to records FACILITY shall provide necessary records and information about patients to PROVIDER to facilitate the provision of appropriate services and data collection. This information shall include the provision of a face sheet if available and substantially complete at the time of PROVIDER'S services hereunder, on each patient transported at the time the transport is initiated. When face sheets are not available or are not substantially complete at such time, FACILITY shall designate a liaison who will be responsible for obtaining and forwarding face sheets for the PROVIDER upon request. Final 2011 The parties herein mutually agree that in the event that FACILITY'S billing procedures and/or files will allow PROVIDERS access to the patient database in such manner that is acceptable to both the FACILITY and PROVIDER. D. Good Faith FACILITY agrees to act in good faith at all times in performing its obligations and implementing the provisions of this AGREEMENT, including negotiating alternate reimbursement practices and the terms of any addenda. E. Patient Tracking FACILITY agrees to provide reasonable assistance to PROVIDER in the completion of PROVIDER'S authorization or utilization forms, as appropriate, and to provide access to face sheets in accordance with Section II(D) above. III. INSURANCE PROVIDER shall, at no cost to or expense to FACILITY, carry a policy or policies of professional liability insurance, comprehensive general insurance, and medical malpractice insurance issued by an insurance carrier. IV. COMPENSATION A. Except as provided for in this AGREEMENT, neither FACILITY nor PROVIDER shall charge the other for services provider pursuant to this AGREEMENT, without mutual assent. B. The rate schedule in ADDENDUM A herein shall represent PROVIDER'S full compensation for services provided under this AGREEMENT. Such charges must, at all times, comply with applicable laws, rules and regulations. V. TERMINATION OR AMENDMENT AS THE RESULT OF GOVERNMENTAL REGULATIONS FACILITY and PROVIDER shall each have the right to terminate or unilaterally amend this AGREEMENT, without liability, in order to comply with any order issued by any federal or state department, agency or commission, or any provision oflaw or of the JCAHO or other accreditation organization which invalidates or is inconsistent with the terms of this AGREEMENT or which would cause one of the parties to be in violation oflaw. In the event FACILITY or PROVIDER is required to amend this AGREEMENT pursuant to this Section and the amendment is unacceptable to the other party, such party may choose to terminate this AGREEMENT immediately without liability. VI. Term A. Term and Termination Subject to each party's right of termination as set forth in the preceding paragraph and below, this AGREEMENT shall be for a term of one year commencing at midnight on 01/01/2011 and terminating at midnight on 01/01/2012(hereinafter referred to as "INITIAL TERM"). I. FACILITY or PROVIDER may mutually agree to terminate this AGREEMENT in writing, with or without cause upon 30 days written notice; or 2. Except as provided for elsewhere in this AGREEMENT, with cause by either party upon default by the other party of any material term, covenant or condition of this AGREEMENT, where such default continues for a period of (30) days after the defaulting party receives written notice thereof from the other party specifYing the existence of default: or 3 Immediately if PROVIDER fails to maintain licensure as required in Section I, Paragraph G (ii) or (iii) herein, or fails to maintain insurance as required in Section III herein. Final 20 II B. Re-negotiation During the sixty (60) day periqd or prior to the end of the INITIAL TERM or any RENEWAL TERM, this AGREEMENT shall be subject to the review by the parties. During this 60-day period, the parties agree to use their best efforts to meet together at mutually agreeable times to review and if appropriate to re-negotiate the terms of this AGREEMENT. If the parties agree to modify this AGREEMENT, such modifications shall be in writing and executed in accordance with Section XVII here of. VII. FORCE MAJEURE Provider shall be excused from performance under this AGREEMENT iffor any period PROVIDER is prevented from performing any obligations pursuant hereto, in whole or in part, as a result of an Act of God, war, civil disturbance, catastrophe, court order, labor dispute or cause beyond its reasonable control, including shortages or fluctuations in electrical power, heat, light, air conditioning or fuel shortages, and such non-performance shall not be a ground for termination or default. PROVIDER will use its reasonable efforts under such circumstance to ensure that alternate services be made available should any ofthese conditions arise. In the event PROVIDER cannot obtain alternate services, FACILITY may exercise its right to contract temporarily with another service until PROVIDER is once again able to meet the needs ofF ACILITY. VIII. AREAS OF SEVICE PROVIDER will provide the services described herein to FACILITY anywhere within Calhoun and adjacent surrounding Counties and any other areas within the State of Texas up to 150 miles, as mutually agreed upon by both parties hereto. IX. INDEPENDENT CONTRACTOR The relationship between the parties shall at all times be that of an independent contractor. No provision of this AGREEMENT is intended to, or shall be construed to, render one party an agent, employee, servant, or partner of the other. Neither party shall represent to any third party or entity that is authorized to enter into any contract for or on behalf of the other party. Neither party shall execute any contract for or on the behalf of the other, nor attempt to bind the other to any obligation, without the other party's written consent. FACILITY and PROVIDER shall not combine their business operations in any way, but instead shall maintain their operations as separate and distinct entities. PROVIDER'S employees shall not have any claim under this AGREEMENT or otherwise FACILITY for vacation pay, sick leave, retirement benefits, Social Security, worker's compensations, disability or unemployment insurance benefits of any kind. PROVIDER'S employees shall not be entitled to any rights or privileges established for employees of FACILITY, such as vacation, sick leave, paid holidays, or severance pay upon termination of this AGREEMENT. FACILITY shall neither have nor exercise any control or direction over the method by which PROVIDER performs its work or functions; the sole interest and responsibility of FACILITY is to assure that their services contemplated by this AGREEMENT will be performed in accordance with the terms hereof. X. SUCCESSORS AND ASSIGNS FACILITY and PROVIDER shall have the right to assign this AGREEMENT and to delegate all rights, duties and obligations hereunder, whether in whole or part, to any parent, affiliate, successor or subsidiary organization or company of FACILITY or PROVIDER only with consent of other party, which consent shall not be unreasonably withheld. Subject to the foregoing, this AGREEMENT shall be binding upon the parties hereto and their successors and assigns. I " Final 20 II XI. PREFERRED STATUS FACILITY and PROVIDER agree and acknowledge that in order for PROVIDER to PROVIDE the most timely, efficient and responsive inter-facility ambulance transportation services, and for PROVIDER and FACILITY to provide the safest and most efficient care, that the inter-facility ambulance transportation services under this AGREEMENT shall be on the preferred basis as set forth here in. Except as set for herein, the inter-facility ambulance transportation services provided by PROVIDER hereunder are provided on a preferred basis and FACILITY agrees not to contract with any other companies, organizations or agencies for such services during the term of this AGREEMENT. This preferred status shall not apply if this patient, the patient's guardian, third party payor, or the attending physician requests another ambulance service. XII. FIRST RIGHT OF REFUSAL In the event FACILITY desires to evaluate or implement developing a system for critical care ground transportation services, wheelchair transportation service, or other programs relating to ambulance ground transportation services, then FACILITY shall give PROVIDER written notice of such desire. Following such notice, FACILITY and PROVIDER agree to negotiate for a period of 30 days, on a preferred basis, for PROVIDER to perform such services for FACILITY and its patients. XIIi. NOTICES Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent certified or registered mail or by hand delivery to the parties at the addresses set forth below or to such address which a party may designate by notice. PROVIDER: Calhoun County Emergency Medical Services 705 County Road 101 Port Lavaca, Texas 77979 FACILITY: Memorial Medical Center 815 N. Virginia Street Port Lavaca, Texas 77979 Either party may change its address to which notices are sent by a notice similarly sent. XIV. SEVERABILITY In the event that any part, term of provision of this AGREEMENT is, by any arbitrator or court of competent jurisdiction, held to be illegal, unconscionable, in conflict with any law of state where enforcement of this AGREEMENT is sought, or any public policy thereof, the validity ofthe remaining portion or provisions shall be construed and enforced as if the AGREEMENT did not contain the particular part, term or provision to be invalid. XV. CONTROLLING LAW The interpretation and enforcement of this AGREEMENT shall be consistent with the laws of the State of Texas. In addition, the parties agree that if any legal action is commenced for enforcement of any term of provision of, or arising under or related to, this AGREEMENT, said action shall be preferably commenced on the state or federal courts located within the State of Texas, and the parties consent to the jurisdiction and venue of such courts. XVI. MODI FICA nON This AGREEMENT constitutes the entire understanding of the parties hereto and no changes, amendments, or alterations shall be effective unless signed by both parties. That is, any increase or decrease in services must be mutually agreed upon in writing. ~ Final2011 XVII. COMPLETE AGREEMENT This AGREEMENT contains the complete AGREEMENT concerning the subject matter of this AGREEMENT between the parties and shall as of the effective date hereof, supersede all agreements between the parties pertaining to the same subject matter. The parties stipulate that neither ofthem has made any representation with respect to the subject matter ofthis AGREEMENT, except as set forth herein. The parties further acknowledge that any statement or representation that may have heretofore been made by either party to the other is of no effect, and that neither of them has relied thereon on connection with its dealings with the other. XVIII. EXECUTION OF ADDITIONAL INSTRUMENTS Each party shall at any time, and from time to time, at the other's request execute, ackno~ledge and deliver any reasonable instruction, instrument or acknowledgment that may be necessary or proper to carry out the provision s and intent of this AGREEMENT. XIX. WAIVER AND SURVIVAL The failure of either party to insist upon strict compliance by the other with respect to any of the terms and conditions of this AGREEMENT shall not be construed as a waiver, nor shall such course of action deprive such party of the right thereafter to require strict adherence to the terms and provisions of this AGREEMENT. XX. NON-DISCLOSURE FACILITY and PROVIDER agree to treat the pricing contained within this AGREEMENT as CONFIDENTIAL INFORMATION and as PROVIDER'S CONFIDENTIAL INFORMATION pursuant to the provisions of Section XXIII. XXI. NO INFLUENCE ON REFERRALS It is not the intent of either the FACILITY or PROVIDER of this AGREEMENT that any remuneration, benefit or privilege provided for under this AGREEMENT shall influence or in any way be based on the referral or recommended referral by either party or patients to the other party or its affiliated providers, if any, or the purchasing, leasing, or ordering of any services other that specific services described in this AGREEMENT. Any payments specified in this AGREEMENT are consistent with what the parties reasonably believe to be fair market value for the services provided. XXII. THIRD PARTY BENEFICIARY The parties to this AGREEMENT do not intend to confer any benefits hereunder n any person or other legal entity other that the parties hereto, including without limitation any patients of PROVIDER or FACILITY, and no third-party beneficiary rights are intended to be created hereby. XXIII. NAME OR TRADEMARK Nothing contained herein shall confer upon either party hereto a license to use, or ownership of (i) the name of the other party hereto or any name under which a party operates, or (ii) any trade name, service mark or trademark owned by such party. XXIV. THIRD PARTY PAYOR CONTRACTS PROVIDER will cooperate with FACILITY with respect to all programs established between FACILITY and health maintenance organizations, exclusive provider organizations and other managed care programs. Final 20 II xxv. NOTICE OF LITIGATION PROVIDER and F ACILlTY shaH promptly notify the other in the event that any party learns of any threatened or actual litigation in which it is a party defendant in a case which involves serviced provided under this AGREEMENT. Within five (5) calendar days after being served with a summons, complaint or other pleading which has been filed in any federal or state court or with any administrative or regulatory agency or after receiving notice of threatened litigation, the party so served or notified shaH deliver copies of such document(s) to the other party. XXVI. HEADINGS AND CAPTIONS The headings and captions used in this AGREEMENT are for the convenience of reference only, and to not for a part of this AGREEMENT. XIX. BINDING EFFECT The parties agree that this AGREEMENT shaH not be binding upon either party unless and until it is executed by an authorized representative of each party. F ACILlTY and PROVIDER represent that their representative signatory, whose signature appears below, has been and is, as of the date first written above, duly authorized by aH necessary, appropriate and applicable corporate legal action to execute this agreement. XXVII. AGREEMENT READ AND UNDERSTOOD The parties hereto have read and understand this entire instrument and acknowledge that they both have had competent legal counsel available to them in their review and execution of said AGREEMENT. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT Effective 01/01/2011. F ACILlTY PROVIDER By: ~ By: ('MdtJ 9- ff-r Title: Administrator Title: Calhoun County Judge Date: 7- ') <] -/0 Date: If) -)II-It) Final 20 II ADDENDUM A COMPENSA TON SCHEDULE AND BILLING PRACTICES 1. A. Provider will bill its customary rates pursuant to this AGREEMENT. B. Where patients have third party coverage, including Medicare, Medicaid, and private insurance, PROVIDER will bill said insurance and accept as payments in full the amounts allowed by said third party coverage. In such cases, patients will only be billed for: (a) their co-insurance and deductible as determined by their third party coverage or where mandated by federal or local government: and (b) any services which said third party insurer determines are not covered by the terms ofthe patient's policy. C. Where patients have no third party coverage, PROVIDER will bill the patients directly. In the event the patient refuses to pay for provider service, the FACILITY will be responsible for payment. D. FACILITY will only be responsible for ambulance services which: (a) are pre-approved and authorized by FACILITY (a request for ambulance transport by a hospital employee, will be considered as pre-approved and authorized by the FACILITY) (b) where FACILITY is legally responsible (c) where transport is requested by the. FACILITY because patient has no other means of transportation or payment. II. For Ground Transports that are the legal responsibility of the FACILITY, the FACILITY will pay: Transports within the Calhoun and Surrounding Counties from one (1) through one hundred fifty 150 miles: Current Rate Contract Rate I 0 Contract Rate 11 BLS Non-emergency Base Rate: 399.00 218.00 7.00 239.00 Mileage per Loaded Mile: 12.10 7.80 This payment schedule will be all inclusive of supplies and equipment and accepted as payment in full for any and all transports that are the legal responsibility of the FACILITY or third party. Payment shall be received as defined in section IV. It is understood that these patients shall meet the existing Medicare guidelines for medical necessity for ambulance transportation and have the Certification of Medical Necessity completed by the facility for the Provider. It is also understood, that for all non-emergency ambulance services where Medicaid is the primary payor, a Prior Authorization number will be obtained by the FACILITY. III. PROVIDER guarantees that the above contracted rates shall be effective for the duration this AGREEMENT. Thereafter, the rates shall be evaluated upon renewal of said AGREEMENT. IV. PROVIDER shall submit invoices to FACILITY on a per call basis for the services provided under the AGREEMENT. PLANNED MAINTENANCE AGREEMENT BETWEEN WAUKESHA-PEARSE INDUSTRIES, INC. AND EMERGENCY MEDICAL SERVICES IN THE AMOUNT OF $2,227.28 AND AUTHORIZE HENRY BARBER TO SIGN: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the Planned Maintenance Agreement between Waukesha-Pearse Industries, Inc. and Emergency Medical Services in the amount of $2,227.28 and authorize Henry Barber to sign the agreement. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. '!~ ~ 'WAUKE'S'HA-PEARCE INDUSTRIES, INC 9000 N IH 35 New Braunfels, TX. 78130 (512) 353-5595 Office (512) 353-5599 FAX PLANNED MAINTENANCE AGREEMENT DATE: 19 May 2010 AGREEMENT AMOUNT $2227.28 (plus applicable taxes) This Planned Maintenance Agreement ("Agreement") is entered into by Waukesha-Pearce Industries. Inc. ("WPI") and Calhoun County EMS ("Owner") for the purpose of performing planned maintenance on equipment listed below. The purpose of the Agreement is to obtain the best possible operation of the equipment and lessen the possibility of breakdown and emergency maintenance/repair service. Upon acceptance of this Agreement, WPI will render the services and furnish the products outlined below. The services will be rendered during normal business hours of 7:30 a.m. and 4:30 p.m. Monday through Friday, excluding holidays. The number of regularly scheduled maintenance trips in a calendar year will be (2) Two. 1. SERVICES TO BE PERFORMED AND PRODUCTS FURNISHED BY WPI: a. Visually inspect the site and equipment b. Gas Engine - inspect and adjust ignition system, and plugs c. Diesel Engine - inspect injection system and pump d. Inspect fuel system including day tank, (if applicable) e. Replace (standby applications only) engine fuel filters annually, (if applicable) f. Inspect, clean and/or replace dry type air cleaner element, or clean and refill oil bath type air cleaner. g. Check block heater operation h. Inspect cooling system for pressure leaks, verify antifreeze protection to a strength of 50% antifreeze and 50% water 1. Replace coolant filter, (if applicable) j. Grease accessory drives and/or generator as necessary k. Inspect and adjust engine fan belts as necessary 1. Inspect engine exhaust system for leaks ,or corrosion; check condensation trap and muffler condition m. Check oil level, start unit, warm up and,check and record oil pressure n. Inspect starting system including batteries; cables, battery charger, alternator and record battery specific gravity reading o. Inspect engine and generator control functions and time delays as applicable p. Inspect all instruments for proper operation "'\ q. Adjust frequency and voltage as required r. Inspect and clean, (if applicable) generator slip rings and brushes s. Inspect automatic switch(s) for proper operation which includes: time delays and exercisers where possible 1. Test run generator, loaded where possible and record readings u. Change all lube oil and applicable filter elements (X ) Annually: ( ) Semi-annually: ( ) Quarterly: Lube oil furnished at location by (X) WPI: ( ) Owner: 1 " Fill antifreeze, change as needed, furnished at location by (X) WPI: ( ) Owner: v. Provide a written report after each inspection or repair call detailing any conditions found and advising further service required, in any, to promote operating dependability of the system 2. SERVICES TO BE PERFORMED BY OWNER,: The Owner shall maintairi a regular recommended service procedure as listed below and further described in the system's Owner-Operator Manual. These procedures should be followed to assure minimum maintenance costs and to minimize emergency service. A record of these maintenance procedures should ~ be maintained for reference. a. For Standby Systems only, semi-annual services should be performed no earlier than Five (5) months and no later than Seven (7) months from the initial service b. Inspect batteries and connections, check fluid levels and corrosion weekly c. Exercise system weekly, manually or automatically d. Check for fuel, oil or coolant leaks e. Check lube oil, fuel and coolant level weekly on standby systems and daily on continuous duty systems f. Oil changes should be done in accordance with the published recommendations in the Owners Manual issued with the generator system The Owner will provide access to the equipment under this Agreement without unnecessary delay. Any waiting time for access to the equipment could be invoiced at the current published rates (see attached WPI published Labor Rate Sheet, Note: Published Labor Rates are subject to change without prior written notification). 3. CHARGES FOR SERVICES BY WPI: a. The Owner agrees to pay WPI an annual fee of $2227.28 for the above listed services and products provided by WPI b. Planned Maintenance fees shall be paid by the Owner on a per visit basis at $1113.64per visit c. Required parts not included in the quoted price and referenced in paragraph 1, will be billed to the Owner at the prices current at the time they are used/installed d. Hourly rates, mileage and miscellaneous charges will be billed to the Owner for repairs required during scheduled maintenance trips and also for emergency repairs done by WPI, when called to the location by the Owner at the current published rates (see attached Published Labor Rate Sheet) Note: Published Rates are subject to change without prior written notification e. Terms of payment are Net-30 from date ofInvoice, subject toWPI's Credit Department approval 4. 24-HOUREMERGENCY SERVICE: WPI will provide 24-hour emergency service in addition to regularly schedule service. Charges for emergency service will be billed to the Owner at the then published rates (see attached Published Labor Rate Sheet) Note: Published Rates are subject to change without prior written notification. Please note, that during times of hurricanes or other major disasters or events, emergency response services by WPI will be prioritized in such a manner that could cause a delay in our ability to respond promptly to Owner's request for service, as our first priority for service will be to hospitals, emergency care centers, nursing homes, fire and rescue facilities, and police stations. All requests 2 .1 f! . for emergency services will be honored and we will make every effort to respond, but some delay in responding could and will likely occur. We offer our apology in advance for any inconvenience this policy might subject Owner to, but due to the nature of our work during major storms or events, certain facilities must take precedence for service. 5. 1ERM OF THE AGREEMENT: The ternl of this agreement will be one year and shall renew automatically for successive terms of one year each, until cancelled in writing by either party. The pricing contained in this Agreement will be review annually and if increased, WPI will provide written notification to Owner 30 days prior to the annual renewal date. This Agreement may be terminated at any time by either party upon thirty (30) days written notice to the other party at the address listed below and neither party shall assert a claim against the other party as a result of such termination. 6. WPI RESPONSIBILITY LIMITATIONS: a. WPI shall assume no liability for damage(s) to the generator or building electrical, mechanical or structural systems arising from Owner's or any third party's misuse, negligence or alterations b. WPI shall have no obligation to repair damage caused by Owner's or any third party's accident(s) or failure to provide a suitable installation as specified in the installation manual(s) furnished with the generator system c. WPI shall assume no liability for damage(s) caused in part or in whole as a result of civil strife, vandalism, catastrophe, Act of God, improper use of the system by the Owner or any third party or by other external causes to the system d. . WPI, nor Owner, shall in any event or under any circumstances arising from this agreement be liable to each other for lost profits or special, consequential or exemplary damages e. WPI shall not in any event or under any circumstances arising from this agreement be liable to the Owner for any acts, conditions, or circumstances wherein Owner or any third party is negligent, whether or not caused by the joint, concurrent, or partial negligence of the Owner, or third party f. WPI shall not be liable for failure to perform any of its obligations under this Agreement if such failure is due to Acts of God, war or government in either its sovereign or contractual capacity, critical materials shortages, fires, floods, strikes, lockouts, freight embargoes, inclement weather, errors or defects in the data supplied by Owner, or by any other cause or condition beyond WPI's control 7. GENERAL: a. In the event any of the equipment covered by this Agreement is sold or moved, Owner must notify WPI in writing and cancellation will take place thirty (30) days after WPI's receipt of Owner's written notification b. The waiver by WPI of any breach of any provision of this Agreement to the Owner shall not constitute a waiver of any subsequent breach by the Owner c. This Agreement has been entered into and shall be governed and construed under the laws of the State of Texas d. This agreement contains the entire understanding of the parties and is intended as a final expression of their Agreement and a complete statement of terms thereof e. No representation or statement not expressly contained in the Agreement or incorporated herein by reference shall be binding upon WPI as a warranty or otherwise 3 ---, .,. ~ 1 f. This Agreement is not subject to alternation except as mutually agreed in writing by the parties g. Owner acknowledges that it has read this Agreement and agrees to all terms and conditions herein. h. A Certification of Insurance by WPI will be mailed to the Owner upon request . . ATTACHMENT - LIST OF OWNER EQUIPMENT TO BE SERVICED AND LOCATION OF EQUIPMENT: Generator Set Model: Generac 11140740100 SIN 2103107 705 CR 101 Port Lavaca, Tx 77979 Generator Set Model: Generac Mitsubishi 1.5L Rav Strinham Blvd. Port Lavaca. Tx 77979 ACCEPTED: DATED: 19 Mav 2010 W AUKESHA-PEARCE INDUSTRIES. INe BY: ~/:;;1-~ ADDRESS: 9000 North IH-35 New Braunfels. Texas 78130 PHONE: (512) 353-5595 FAX: (512) 353-5599 ACCEPTED: PRINT NAME: f.I J 13rrobey ::::;1fE~ fJ /0/ p((),u LIHI~11 . 'h '17,77 PHo~/-~2- IltfO FAX: '3~f- 5r3- tff()O E-MAIL ADDRESS:l1b().....r..1i] (!/Jble.,1 file ' ~ DATED: /a!r~o ra 4 AGREEMENT FOR AMBULANCE SERVICES BETWEEN PORT LAVACA NURSING AND REHABILITATION CENTER AND CALHOUN COUNTY EMERGENCY MEDICAL SERVICES AND AUTHORIZE HENRY BARBER TO SIGN: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve the Agreement for Ambulance Services between Port Lavaca Nursing and Rehabilitation Center and Calhoun County Emergency Medical Services and authorize Henry Barber to sign the agreement. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all. voted in favor. ....",.,.,. Final 2010 AGREEMENT FOR AMBULANCE SERVICES BETWEEN PORT LA V ACA NURSING AND REHABILITATION CENTER AND CALHOUN COUNTY EMERGENCY MEDICAL SERVICES THIS AGREEMENT, made and entered into by and between the following PORT LA V ACA NURSING AND REHABILITATION CENTER (hereinafter referred to as "FACILITY") and CALHOUN COUNTY EMERGENCY MEDICAL SERVICES. (hereinafter referred to as "PROVIDER"), provides as follows: WHEREAS, FACILITY desires to maximize efficiency and service levels for medical transportation and has conducted an analysis of its medical transportation needs. Through this analysis, FACILITY has determined that such needs will best be met through a preferred coordinated medical transportation system agreement with the PROVIDER; and WHEREAS, PROVIDER is in the business of providing medical and ambulance transportation and advanced life support professional services; and WHEREAS, FACILITY and PROVIDER recognize that the ground ambulance transportation needs of FACILITY will be evolving and therefore, it is not possible to define all of the terms of the specific services required by FACILITY, which may be provided by the PROVIDER. The parties desire at this time to define the transportation services to be provided by PROVIDER and to establish mechanisms under which PROVIDER may provide future services to FACILITY related to ambulance transportation services, including services to be developed through prioritization of pre-planned, scheduled, emergent and non-emergent ambulance calls initiated by FACILITY. The parties intend that if the future services outlined in this AGREEMENT are expanded, the parties will execute addenda, further defining the services to be provided; and WHEREAS, FACILITY and PROVIDER desire to enter into a long-term, agreement under which FACILITY and PROVIDER will jointly develop and PROVIDER will operate and/or coordinate a turn-key coordinated medical transportation system to serve all of FACILITY'S ambulance transportation needs utilizing existing reimbursement sources which maximizes the benefits of a coordinated network; and NOW, THEREFORE, FACILITY and PROVIDER do hereby agree as follows: 1. SERVICES AND RESPONSIBILITIES OF PROVIDER FACILITY has selected PROVIDER as its "preferred provider of medical transportation" services within the primary service area as defined by Section VIII below, through an analysis of the quality of ground ambulance transportation services that PROVIDER provides. Accordingly, during the term of this AGREEMENT and extensions hereto, PROVIDER agrees as follows: A. Services Provided PROVIDER agrees to provide appropriate ambulance transportation and related services to FACILITY in accordance with the terms of this AGREEMENT and all addenda hereto. Requests by FACILITY for services which originate and lor terminate outside the boundaries of the primary service area as defined in Section VIII below may by referred by provider to another licensed ground or air ambulance provider after appropriate coordination with and approved by Facility. (In this circumstance, PROVIDER will not be liable to the alternative ambulance provider for the payment of any charges, fees or professional service charges r~ndered in association with such transport.) Final 03/20/2006 Final 06 pOlt lavaca nursing and rehabilitation center AGREEMENT FOR AMBULANCE SERVICES 201 O.doc Final 20 I 0 B. Emergency and Non Emergency lines Provider agrees to provide and maintain a telephone number for FACILITY to access PROVIDER for all FACILITY ambulance transportation requests covered by this AGREEMENT. This number is intended as a public number. PROVIDER will provide sufficient telephone lines and communication technicians to assure prompt answering of all incoming calls from FACILITY. PROVIDER'S telecommunication personnel will coordinate the required transportation services. PROVIDER will provide a listing of emergency numbers, non-emergency numbers and pager numbers that can be utilized to contact the PROVIDER 24 hours per day seven days a week. C. Inter-facility Ambulance Transportation Services Provider will provide inter-facility ambulance transportation services and such other ambulance ground transportation services at the request of the FACILITY. Inter-facility ambulance transportation services shall be defined as ground ambulance transports originating at FACILITY and other facilities as FACILITY and PROVIDER may mutually agree upon in writing. Inter-facility transportation services ordered by FACILITY shall be ordered through the Emergency and Non Emergency lines described in the preceding paragraph. Compensation rates for each facility shall be listed in ADDENDUM A below. D. Applicable Standards PROVIDER agrees in the performance of the services, to be bound by, and comply with, (i) by the bylaws, policies, rules and regulations ofF ACILITY and the medical staff of the FACILITY facilities, as each may be amended from time to time (provided that such amendments do not materially increase PROVIDER's obligation hereunder or materially affect the financial or economic interests hereunder of PROVIDER), and (ii) the standards, rules and regulations of the United States Department of Health and Human Services (hereinafter referred to as "HHS"), the Texas Department of Health, the Joint Commission on the Accreditation of Health care Organizations (hereinafter referred to as "JCAHO"), Medicare, Medicaid, and any other federal, state or local governmental agency or third- party payor, exercising authority with respect to, accrediting or providing reimbursement for FACILITY. E. Etiquette PROVIDER, through its employees, shall treat all FACILITY staff and employees with proper respect, courtesy and professionalism. PROVIDER's employee's conduct shall at all times be appropriate and conductive to effective patient care and consistent with prevailing norms recognized and accepted throughout the community. F. Licensure PROVIDER covenants, represents and warrants to FACILITY that: (i) it and its employees are, as appropriate, duly licensed, certified, registered' and in good standing under the laws of the State of Texas and the county(s) outlined in Section VIII below to provide the services under this AGREEMENT, and agrees that they shall retain such licensure, certification, registration and good standing status during the term of this AGREEMENT; (ii) each ambulance vehicle shall be registered and licensed according to state and local rules, regulations and laws; and (iii) each ambulance vehicle shall be staffed with certified and/or licensed personnel in accordance with state and local rules and regulations. G. Experience and Training PROVIDER represents and warrants to FACILITY that its employees are professionally trained in emergency medical technician practice and will, during the term of this AGREEMENT, take all actions necessary to maintain such training. final 03/20/2006 Final 06 pOlt lavaca nursing and rehabilitation center AGREEMENT FOR AMBULANCE SERVICES 201 O.doc I Hi Final 2010 H. Training Provider agrees to conduct an in-house training program for field employees that significantly supplements the training that they received in their EMT training courses that meets or exceeds TDH standards. I. Vehicle Maintenance PROVIDER agrees that its fleet will be well maintained and response ready to provide services under this AGREEMENT. J. Access to Records Provider shall maintain a medical record, known as a "Patient Care Report," for each patient receiving services under this AGREEMENT. Said medical record shall be in such form and containing such information as required by the laws, ruled and regulations of the State of Texas and JACHO. K. Good Faith PROVIDER agrees to act in good faith at all time in performing its obligations and implementing the provisions of this AGREEMENT, including negotiating alternate reimbursement practices and the terms of any addenda. L. Services Excluded Transports ofa distance greater than 150 miles II. RESPONSIBILITIES OF FACILITY During the term of this Agreement and extensions hereto, FACILITY agrees as follows: A. Promotion of AGREEMENT .F ACIL TIY will conduct an internal and promotional campaign to educate its medical staff members, employees and others making arrangements for ambulance transportation about the general terms of this AGREEMENT, including periodic updates and reminder notices. Specifically, FACILITY will use its best efforts to ensure that employees who requests ambulance transportation services are informed of and utilize the Emergency and Non Emergency lines and have been made aware of the preferred nature of this AGREEMENT. B. Promotion to Medical Staff Members FACILITY and FACILTIY'S medical staff members, including physicians providing services under managed care arrangements, are accountable under Federal COBRA regulations for the selection of an appropriate medical transportation provider. FACILITY shall communicate in a reasonable manner the general terms of this AGREEMENT to said medical staff members. C. Access to records FACILITY shall provide necessary records and information about patients to PROVIDER to facilitate the provision of appropriate services and data collection. This information shall include the provision of a face sheet if available and substantially complete at the time of PROVIDER'S services hereunder, on each patient transported at the time the transport is initiated. When face sheets are not available or are not substantially complete at such time, FACILITY shall designate a liaison who will be responsible for obtaining and forwarding face sheets for the PROVIDER upon request. Final.03/20/2006 Fina] 06 pOli lavaca nursing and rehabilitation center AGREEMENT FOR AMBULANCE SERVICES 201O.doc Final 2010 The parties herein mutually agree that in the event that FACILITY'S billing procedures and/or files will allow PROVIDERS access to the patient database in such manner that is acceptable to both the FACILITY and PROVIDER. D. Good Faith FACILITY agrees to act in good faith at all times in performing its obligations and implementing the provisions of this AGREEMENT, including negotiating alternate reimbursement practices and the terms of any addenda. E. Patient Tracking FACILITY agrees to provide reasonable assistance to PROVIDER in the completion of PROVIDER'S authorization or utilization forms, as appropriate, and to providy access to face sheets n accordance with Section II(D) above. III. INSURANCE PROVIDER shall, at no cost to or expense to FACILITY, carry a policy or policies of professional liability insurance, comprehensive general insurance, and medical malpractice insurance issued by an insurance carrier. IV. COMPENSATION A. Except as provided for in this AGREEMENT, neither FACILITY nor PROVIDER shall charge the other for services provider pursuant to this AGREEMENT, without mutual assent. B. The rate schedule in ADDENDUM A herein shall represent PROVIDER'S full compensation for services provided under this AGREEMENT. Such charges must, at all times, comply with applicable laws, rul~s and regulations. V. TERMINATION OR AMENDMENT AS THE RESULT OF GOVERNMENTAL REGULATIONS FACILITY and PROVIDER shall each have the right to terminate or unilaterally amend this AGREEMENT, without liability, in order to comply with any order issued by any federal or state department, agency or commission, or any provision oflaw or of the JCAHO or other accreditation organization which invalidates or is inconsistent with the terms of this AGREEMENT or which would cause one of the parties to be in violation of law. In the event FACILITY or PROVIDER is required to amend this AGREEMENT pursuant to this Section and the amendment is unacceptable to the other party, such party may choose to terminate this AGREEMENT immediately without liability. ' VI. Term A. Term and Termination Subject to each party's right oftermination as set forth in the preceding paragraph and below, this AGREEMENT shall be for a term of one year commencing at midnight on 09/01/2010 and terminating at midnight on 12/31/2010 (hereinafter referred to as "INITIAL TERM"). 1. FACILITY or PROVIDER may mutually agree to terminate this AGREEMENT in writing, with or without cause upon 30 days written notice; or 2. Except as provided for elsewhere in this AGREEMENT, with cause by either party upon default by the other party of any material term, covenant or condition of this AGREEMENT, where such default continues for a period of (30) days after the defaulting party receives written notice thereof from the other party specifYing the existence of default: or 3 Immediately if PROVIDER fails to maintain licensure as required in Section I, Paragraph G (ii) or (iii) herein, or fails to maintain insurance as required in Section III herein. Final03/20/2006 Final 06 pOlt lavaca nursing and rehabilitation center AGREEMENT FOR AMBULANCE SERVICES 2010.doc Final 20 10 B. Re-negotiation During the sixty (60) day period of prior to the end of the INITIAL TERM or any RENEWAL TERM, this AGREEMENT shall be subject to the review by the parties. During this 60-day period, the parties agree to use their best efforts to meet together at mutually agreeable times to review and if appropriate to re-negotiate the terms of this AGREEMENT. If the parties agree to modify this AGREEMENT, such modifications shall be in writing and executed in accordance with Section XVII here of. VII. FORCE MAJEURE Provider shall be excused from performance under this AGREEMENT if for any period PROVIDER is prevented from performing any obligations pursuant hereto, in whole or in part, as a result of an Act of God, war, civil disturbance, catastrophe, court order, labor dispute or cause beyond its reasonable control, including shortages or fluctuations in electrical power, heat, light, air conditioning or fuel shortages, and such non-performance shall not be a ground for termination or default. PROVIDER will use its reasonable efforts under such circumstance to ensure that alternate services be made available should any of these conditions arise. In the event PROVIDER cannot obtain alternate services, FACILITY may exercise its right to contract temporarily with another service until PROVIDER is once again able to meet the needs of FACILITY. VIII. AREAS OF SEVICE PROVIDER will provide the services described herein to FACILITY anywhere within Calhoun and adjacent surrounding Counties and any other areas within the State of Texas up to 50 miles, as mutually agreed upon by both parties hereto. Transport from the FACILITY greater than 50 miles shall be agreed upon by both parties at the time of service. IX. INDEPENDENT CONTRACTOR The relationship between the parties shall at all times be that of an independent contractors. No provision of this AGREEMENT is intendedto, or shall be construed to, render one party an agent, employee, servant, or partner of the other. Neither party shall represent to any third party or entity that is authorized to enter into any contract for or on behalf of the other party. Neither party shall execute any contract for or on the behalf of the other, nor attempt to bind the other to any obligation, without the other party's written consent. FACILITY and PROVIDER shall not combine their business operations in any way, but instead shall maintain their operations as separate and distinct entities. PROVIDER'S employees shall not have any claim under this AGREEMENT or otherwise FACILITY for vacation pay, sick leave, retirement benefits, Social Security, worker's compensations, disability or unemployment insurance benefits of any kind. PROVIDER'S employees shall not be entitled to any rights or privileges established for employees of FACILITY, such as vacation, sick leave, paid holidays, or severance pay upon termination of this AGREEMENT. FACILITY shall neither have nor exercise any control or direction over the method by which PROVIDER performs its work or functions; the sole interest and responsibility ofF ACILITY is to assure that their services contemplated by this AGREEMENT will be performed in accordance with the terms hereof. X. SUCCESSORS AND ASSIGNS FACILITY and PROVIDER shall have the right to assign this AGREEMENT and to delegate all rights, duties and obligations hereunder, whether in whole or part, to any parent, affiliate, successor or subsidiary organization or company of FACILITY or PROVIDER only with consent of other party, which consent shall not be unreasonably withheld. Subject to the foregoing, this AGREEMENT shall be binding upon the partJes hereto and their successors and assigns. FinaI03/20/2006 Final 06 port lavaca nursing and rehabilitation center AGREEMENT FOR AMBULANCE SERVICES 201 O.doc Final 2010 XI. PREFERRED STATUS FACILITY and PROVIDER agree and acknowledge that in order for PROVIDER to PROVIDE the most timely, efficient and responsive inter-facility ambulance transportation services, and for PROVIDER and FACILITY to provide the safest and most efficient care, that the inter-facility ambulance transportation services under this AGREEMENT shall be on the preferred basis as set forth here in. Except as set for herein, the inter-facility ambulance transportation services provided by PROVIDER hereunder are provided on a preferred basis and FACILITY agrees not to contract with any other companies, organizations or agencies for such services during the term of this AGREEMENT. This preferred status shall not apply if this patient, the patient's guardian, third party payor, or the attending physician requests another ambulance service. XII. FIRST RIGHT OF REFUSAL In the event FACILITY desires to evaluate or implement developing a system for critical care ground transportation services, wheelchair transportation service, or other programs relating to ambulance ground transportation services, then FACILITY shall give PROVIDER written notice of such desire. Following such notice, FACILITY and PROVIDER agree to negotiate for a period of 30 days, on a preferred basis, for PROVIDER to perform such services for FACILITY and its patients. XIII. NOTICES Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent certified or registered mail or by hand delivery to the parties at the addresses set forth below or to such address which a party may designate by notice. PROVIDER: Calhoun County Emergency Medical Services 705 County Road 10 1 Port Lavaca, Texas 77979 FACILITY: Port Lavaca Nursing and Rehabilitation Center 524 Village Road Port Lavaca, Texas 77979 Either party may change its address to which notices are sent by a notice similarly sent. XIV. SEVERABILITY In the event that any part, term of provision of this AGREEMENT is, by any arbitrator or court of competent jurisdiction, held to be illegal, unconscionable, in conflict with any law of state where enforcement of this AGREEMENT is sought, or any public policy thereof, the validity of the remaining portion or provisions shall be construed and enforced as if the AGREEMENT did not contain the particular part, term or provision to be invalid. XV. CONTROLLING LAW The interpretation and enforcement of this AGREEMENT shall be consistent with the laws of the State of Texas. In addition, the parties agree that if any legal action is commenced for enforcement of any term of provision of, or arising under or related to, this AGREEMENT, said action shall be preferably commenced on the state or federal courts located within the State of Texas, and the parties consent to the jurisdiction and venue of such courts. XVI. MODIFICATION This AGREEMENT constitutes the entire understanding of the parties hereto and no changes, amendments, or alterations shall be effective unless signed by both parties. That is, any increase or decrease in services must be mutually agreed upon in writing. Final 03/20/2006 Final 06 port lavaca nursing and rehabilitation center AGREEMENT FOR AMBULANCE SERVICES 201 O.doc Final 20 10 XVII. HOLD HARMLESS CLAUSE Each party to this AGREEMENT shall defend, hold harmless and indemnify the other party and its commissioners, manager~, affiliates, shareholders, directors, trustees, officers, employees, and agents against all claims demands, suits judgments, expenses and costs of any and all kinds arising as a result of damages or injuries caused through the performance or failure of performance of this AGREEMENT by said party. XVIII. COMPLETE AGREEMENT This AGREEMENT contains the complete AGREEMENT concerning the subject matter ofthis AGREEMENT between the parties and shall as of the effective date hereof, supersede all agreements between the parties pertaining'to the same subject matter. The parties stipulate that neither of them has made any representation with respect to the subject matter of this AGREEMENT, except as set forth herein. The parties further acknowledge that any statement or representation that may have heretofore been made by either party to the other is of no effect, and that neither of them has relied thereon on connection with its dealings with the other. XIX. EXECUTION OF ADDITIONAL INSTRUMENTS Each party shall at any time, and from time to time, at the other's request execute, acknowledge and deliver any reasonable instruction, instrument or acknowledgment that may be necessary or proper to carry out the provision s and intent of this AGREEMENT. XX. WAIVER AND SURVIVAL The failure of either party to insist upon strict compliance by the other with respect to any of the terms and conditions of this AGREEMENT shall not be construed as a waiver, nor shall such course of action deprive such party of the right thereafter to require strict adherence to the terms and provisions of this AGREEMENT. XXI. NON-DISCLOSURE FACILITY and PROVIDER agree to treat the pricing contained within this AGREEMENT as CONFIDENTIAL INFORMATION and as PROVIDER'S CONFIDENTIAL INFORMATION pursuant to the provisions of Section XXIII. XXII. CONFIDENTIALITY PROVIDER acknowledges that in connection with entering into this AGREEMENT and the services provided by PROVIDER pursuant to it, it will be acquiring and making use of confidential information and trade secrets (hereinafter referred to as the "CONFIDENTIAL INFORMATION") of FACILITY, which include, but are not limited to, management reports, marketing studies, marketing plans, financial statements, internal memoranda, reports, patient lists and other material or records of confidential information. PROVIDER agrees that it will not, after the date hereof, and for so long as any such CONFIDENTIAL INFORMATION may remain confidential, secret or otherwise wholly or partially, use such information except in connection with the performance of the duties pursuant to this AGREEMENT. PROVIDER will not use or divulge the CONFIDENTIAL INFORMATION to any third party, unless: (i) FACILITY consents in writing to such use or divulgence; (ii) PROVIDER is under legal obligation to disclose such CONFIDENTIAL INFORMATION; or (iii) such CONFIDENTIAL INFORMATION becomes available to the public by a reason other than a PROVIDER'S breach of this Section. PROVIDER acknowledges that a breach of this section would result in irreparable damage to FACILITY, and, without limiting other remedies which may exist for a breach of this Section, PROVIDER agrees that this Section hereof may be enforced by temporary restraining order, temporary injunction, or following a trial on the merits. PROVIDER hereby waives the claim or defense that an adequate remedy at law for such a breach exists. The covenants contained in this Section shall survive any termination of this AGREEMENT for two years. Final 03/20/2006 Final 06 pOlt lavaca nursing and rehabilitation center AGREEMENT FOR AMBULANCE SERVICES 20lO.doc Final 20 I 0 FACILITY acknowledges that in connection with entering into this AGREEMENT and the services provided by PROVIDER pursuant to it, it will be acquiring and making use of confidential information and trade secrets (hereinafter referred to as the "PROVIDER'S CONFIDENTIAL INFORMATION") which include, but are not limited to, management reports, marketing studies, marketing plans, financial statements, internal memoranda, reports, patient lists and other material or records of confidential information. FACILITY agrees that it will not, after the date hereof, and for so long as any such PROVIDER'S CONFIDENTIAL INFORMATION may remain confidential, secret or otherwise wholly or partially, use such information except in connection with the performance of the duties pursuant to this AGREEMENT. FACILITY will not use or divulge the PROVIDER'S CONFIDENTIAL INFORMATION to any third party, unless: (i) PROVIDER consents in writing to such use or divulgence; (ii) FACILITY is under legal obligation to disclose such PROVIDER'S CONFIDENTIAL INFORMATION; or (iii) such PROVIDER'S CONFIDENTIAL INFORM A TION becomes available to the public by a reason other than a PROVIDER'S breach of this Section. FACILITY acknowledges that a breach of this section would result in irreparable damage to PROVIDER, and, without limiting other remedies which may exist for a breach ofthis Section, FACILITY agrees that this Section hereof may be enforced by temporary restraining order, temporary injunction, or following a trial on the merits. FACILITY hereby waives the claim or defense that an adequate remedy at law for such a breach exists. The covenants contained in this Section shall survive any termination of this AGREEMENT for two years. XXIII. NO INFLUENCE ON REFERRALS It is not the intent of either the FACILITY or PROVIDER of this AGREEMENT that any remuneration, benefit or privilege provided for under this AGREEMENT shall influence or in any way be based on the referral or recommended referral by either party or patients to the other party or its affiliated providers, if any, or the purchasing, leasing, or ordering of any services other that specific services described in this AGREEMENT. Any payments specified in this AGREEMENT are consistent with what the parties reasonably believe to be fair market value for the services provided. XXIV. THIRD PARTY BENEFICIARY The parties to this AGREEMENT do not intend to confer any benefits hereunder n any person or other legal entity other that the parties hereto, including without limitation any patients of PROVIDER or FACILITY, and no third-party beneficiary rights are intended to be created hereby. XXV. NAME OR TRADEMARK Nothing contained herein shall confer upon either party hereto a license to use, or ownership of (i) the name of the other party hereto or any name under which a party operates, or (ii) any trade name, service mark or trademark owned by such party. XXVI. THIRD PARTY PAYOR CONTRACTS PROVIDER will cooperate with FACILITY with respect to all programs established between FACILITY and health maintenance organizations, exclusive provider organizations and other managed care programs. XXVII. NOTICE OF LITIGATION PROVIDER and FACILITY shall promptly notify the other in the event that any party learns of any threatened or actual litigation in which it is a party defendant in a case which involves serviced provided under this AGREEMENT. Within five (5) calendar days after being served with a summons, complaint or other pleading which has been filed in any federal or state court or with any administrative or regulatory agency or after receiving notice of threatened litigation, the party so served or notified shall deliver copies of such document(s) to the other party. XXVIII. HEADINGS AND CAPTIONS The headings and captions used in this AGREEMENT are for the convenience of reference only, and to not for a part ofthis AGREEMENT. FinaI03/20/2006 Final 06 pOlt lavaca nursing and rehabilitation center AGREEMENT FOR AMBUI.-ANCE SERVICES 2010.doc Final 2010 XIX. BINDING EFFECT The parties agree that this AGREEMENT shall not be binding upon either party unless and until it is executed by an authorized representative of each party. FACILITY and PROVIDER represent that their representative signatory, whose signature appears below, has been and is, as of the date first written above, duly authorized by all necessary, appropriate and applicable corporate legal action to execute this agreement. XXIX. AGREEMENT READ AND UNDERSTOOD The parties hereto have read and understand this entire :instrument and acknowledge that they both have had competent legal counsel available to them in their review and execution of said AGREEMENT. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT Effective 09/01/2010. FACILITY PROVI~DER ~ () By: _id~ Title: (tld-,/ v() E;f/A.$ Date: 10 ('tJ 20(0 By: Title: A ~s.f;d I11IM~J2-- q rtB~/o Date: Final 03/20/2006 Final 06 p0l1. lavaca nursing and rehabilitation center AGREEMENT FOR AMBULANCE SERVICES 201O.doc Final 2010 ADDENDUM A COMPENSA TON SCHEDULE AND BILLING PRACTICES I. A. Provider will bilI its customary rates pursuant to this AGREEMENT. B. Where patients have third party coverage, including Medicare, Medicaid, and private insurance, PROVIDER wilI bill said insurance and accept as payments in full the amounts allowed by said third party coverage. In such cases, patients wilI only be billed for: (a) their co-insurance and deductible as determined by their third party coverage or where mandated by federal or local government: and (b) any services which said third party insurer determines are not covered by the terms of the patient's policy. C. Where patients have no third party coverage, PROVIDER will bill the patients directly. In the event the patient refuses to pay for provider service, the FACILITY wilJ be responsible for payment. D. FACILITY wilI only be responsible for ambulance services which: (a) are pre-approved and authorized by FACILITY (a request for ambulance transport by a facility employee, wilJ be considered as pre-approved and authorized by the FACILITY) (b) where FACILITY is legally responsible (c) where transport is requested by the FACILITY because patient has no other means of transportation or payment (d) where the FACILITY request transport due to the FACILITY transport unit being out of service. (e) where the patient is being discharged from the hospital and is returning to the FACILITY. II. For Ground Transports that are the legal responsibility of the FACILITY, the FACILITY will pay: Transports within the Calhoun and Surrounding Counties from one (1) through one hundred fifty miles: Current Rate Contract Rate I 0 BLS Non-emergency Base Rate: 345.00 218.00 Mileage per Loaded Mile: 9.60 7.00 This payment schedule will be all inclusive of supplies and equipment and accepted as payment in full for any and all transports that are the legal responsibility of the FACILITY or third party. Payment shall be received as defined in section IV. It is understood that these patients shall meet the existing Medicare guidelines for medical necessity for ambulance transportation and have the Certification of Medical Necessity completed for Provider. It is also understood, that for all non-emergency ambulance services where Medicaid is the primary payor, a Prior Authorization number wilJ be obtained by the FACILITY. III. PROVIDER guarantees that the above contracted rates shall be effective for the duration this AGREEMENT. Thereafter, the rates shall be evaluated upon renewal of said AGREEMENT. IV. PROVIDER shall submit invoices to FACILITY on a per call basis for the services provided under the AGREEMENT. FinaI03/20/2006 Final 06 pOlt lavaca nursing and rehabilitation center AGREEMENT FOR AMBULANCE SERVICES 2010.doc ~ i JJilrl'liL .. -,c__.~_.~,,, I :1 J ~ I I Rate Schedule: SEE "SCHEDULE 2" A TT ACHED TO THIS AGREEMENT 11 ,", " Final 2011 AGREEMENT FOR AMBULANCE SERVICES BETWEEN PORT LA V ACA NURSING AND REHABILITATION CENTER AND CALHOUN COUNTY EMERGENCY MEDICAL SERVICES THIS AGREEMENT, made and entered into by and between the following PORT LA V ACA NURSING AND REHABILITATION CENTER (hereinafter referred to as "F AGILITY") and CALHOUN COUNTY EMERGENCY MEDICAL SERVICES. (hereinafter referred to as "PROVIDER"), provides as follows: WHEREAS, F AGILITY desires to maximize efficiency and service levels for medical transportation and has conducted an analysis of its medical transportation needs. Through this analysis, F AGILITY has determined that such needs will best be met through a preferred coordinated medical transportation system agreement with the PROVIDER; and WHEREAS, PROVIDER is in the business of providing medical and ambulance transportation and advanced life support professional services; and WHEREAS, F AGILITY and PROVIDER recognize that the ground ambulance transportation needs of F AGILITY will be evolving and therefore, it is not possible to defme all of the terms of the specific services required by FAGILlTY, which may be provided by the PROVIDER. The parties desire at this time to define the transportation services to be provided by PROVIDER and to establish mechanisms under which PROVIDER may provide future services to F AGILITY related to ambulance transportation services, including services to be developed through prioritization of pre-planned, scheduled, emergent and non-emergent ambulance calls initiated by F AGILITY. The parties intend that if the future services outlined in this AGREEMENT are expanded, the parties will execute addenda, further defining the services to be provided; and WHEREAS, F AGILITY and PROVIDER desire to enter into a long-term, agreement under which F AGILITY and PROVIDER will jointly develop and PROVIDER will operate and/or coordinate a turn-key coordinated medical transportation system to serve all of F AGILITY'S ambulance transportation needs utilizing existing reimbursement sources which maximizes the benefits of a coordinated network; and NOW, THEREFORE, F AGILITY and PROVIDER do hereby agree as follows: 1. SERVICES AND RESPONSIBILITIES OF PROVIDER F AGILITY has selected PROVIDER as its "preferred provider of medical transportation" services within the primary service area as defined by Section VIII below, through an analysis of the quality of ground ambulance transportation services that PROVIDER provides. Accordingly, during the term of this AGREEMENT and extensions hereto, PROVIDER agrees as follows: A. Services Provided PROVIDER agrees to provide appropriate ambulance transportation and related services to F AGILITY in accordance with the terms of this AGREEMENT and all addenda hereto. Requests by FAGILlTY for services which originate and lor terminate outside the boundaries of the primary service area as defined in Section VIII below may by referred by provider to another licensed ground or air ambulance provider after appropriate coordination with and approved by Facility. (In this circumstance, PROVIDER will not be liable to the alternative ambulance provider for the payment of any charges, fees or professional service charges rendered in association with such transport.) hnal ()J 20 ::'U(l(l F innl 06 port lav:H.:a nllr~illg and rel1ahililal ion CclltCT i\(i1{ Lf)v! EN T FOR :,\r-vIBU LA NeE SE R V Ie FS 20 II.doc oJ' Final 2011 B. Emergency and Non Emergency lines Provider agrees to provide and maintain a telephone number for FACILITY to access PROVIDER for all FACILITY ambulance transportation requests covered by this AGREEMENT. This number is intended as a public number. PROVIDER will provide sufficient telephone lines and communication technicians to assure prompt answering of all incoming calls from FACILITY. PROVIDER'S telecommunication personnel will coordinate the required transportation services. PROVIDER will provide a listing of emergency numbers, non-emergency numbers and pager numbers that can be utilized to contact the PROVIDER 24 hours per day seven days a week. C. Inter-facility Ambulance Transportation Services Provider will provide inter-facility ambulance transportation services and such other ambulance ground transportation services at the request of the FACILITY. Inter-facility ambulance transportation services shall be defined as ground ambulance transports originating at FACILITY and other facilities as FACILITY and PROVIDER may mutually agree upon in writing. Inter-facility transportation services ordered by FACILITY shall be ordered through the Emergency and Non Emergency lines described in the preceding paragraph. Compensation rates for each facility shall be listed in ADDENDUM A below. D. Applicable Standards PROVIDER agrees in the performance of the services, to be bound by, and comply with, (i) by the bylaws, policies, rules and regulations of FACILITY and the medical staff of the FACILITY facilities, as each may be amended from time to time (provided that such amendments do not materially increase PROVIDER's obligation hereunder or materially affect the financial or economic interests hereunder of PROVIDER), and (ii) the standards, rules and regulations of the United States Department of Health and Human Services (hereinafter referred to as "HHS"), the Texas Department of Health, the Joint Commission on the Accreditation of Healthcare Organizations (hereinafter referred to as "JCAHO"), Medicare, Medicaid, and any other federal, state or local governmental agency or third- party payor; exercising authority with respect to, accrediting or providing reimbursement for FACILITY. E. Etiquette PROVIDER, through its employees, shall treat all FACILITY staff and employees with proper respect, courtesy and professionalism. PROVIDER's employee's conduct shall at all times be appropriate and conductive to effective patient care and consistent with prevailing norms recognized and accepted throughout the community. F. Licensure PROVIDER covenants, represents and warrants to FACILITY that: (i) it and its employees are, as appropriate, duly licensed, certified, registered and in good standing under the laws of the State of Texas and the county(s) outlined in Section VIII below to provide the services under this AGREEMENT, and agrees that they shall retain such licensure, certification, registration and good standing status during the term ofthis AGREEMENT; (H) each ambulance vehicle shall be registered and licensed according to state and local rules, regulations and laws; and (Hi) each ambulance vehicle shall be staffed with certified and/or licensed personnel in accordance with state and local rules and regulations. G. Experience and Training PROVIDER represents and warrants to FACILITY that its employees are professionally trained in emergency medical technician practice and will, during the term of this AGREEMENT, take all actions necessary to maintain such training. linal 0320 200(, Final 06 porlla\'aca nursing and rchabilitalillll (:~;nlcr .\G RrTi'vI FNT FOR AMBUL.'\NCE SUrVICFS 2011.doc ./ Final 20 II H. Training Provider agrees to conduct an in-house training program for field employees that significantly supplements the training that they received in their EMT training courses that meets or exceeds TDH standards. I. Vehicle Maintenance PROVIDER agrees that its fleet will be well maintained and response ready to provide services under this AGREEMENT. J. Access to Records Provider shall maintain a medical record, known as a "Patient Care Report," for each patient receiving services under this AGREEMENT. Said medical record shall be in such form and containing such information as required by the laws, ruled and regulations of the State of Texas and JACHO. K. Good Faith PROVIDER agrees to act in good faith at all time in performing its obligations and implementing the provisions of this AGREEMENT, including negotiating alternate reimbursement practices and the terms of any addenda. L. Services Excluded Transports of a distance greater than 150 miles II. RESPONSIBILITIES OF FACILITY During the term of this Agreement and extensions hereto, FACILITY agrees as follows: A. Promotion of AGREEMENT F ACIL TIY will conduct an internal and promotional campaign to educate its medical staff members, employees and others making arrangements for ambulance transportation about the general terms of this AGREEMENT, ineIuding periodic updates and reminder notices. Specifically, FACILITY will use its best efforts to ensure that employees who requests ambulance transportation services are informed of and utilize the Emergency and Non Emergency lines and have been made aware of the preferred nature of this AGREEMENT. B. Promotion to Medical Staff Members FACILITY and F ACIL TIY'S medical staff members, including physicians providing services under managed care arrangements, are accountable under Federal COBRA regulations for the selection of an appropriate medical transportation provider. FACILITY shall communicate in a reasonable manner the general terms of this AGREEMENT to said medical staff members. C. Access to records FACILITY shall provide necessary records and information about patients to PROVIDER to facilitate the provision of appropriate services and data collection. This information shall include the provision of a face sheet if available and substantially complete at the time of PROVIDER'S services hereunder, on each patient transported at the time the transport is initiated. When face sheets are not available or are not substantially complete at such time, FACILITY shall designate a liaison who will be responsible for obtaining and forwarding face sheets for the PROVIDER upon request. lill~i1 0] ~o 2(H)(, Fillal 06 pOI"lI~l\aca Il1Irsin:,! dlld n:hahilil<ilioll center ;\C,RITiVILNT FOR ArvlBULANCL SI:RVICr:S :2011 doc Final 20 II The parties herein mutually agree that in the event that FACILITY'S billing procedures and/or files will allow PROVIDERS access to the patient database in such manner that is acceptable to both the FACILITY and PROVIDER. D. Good Faith FACILITY agrees to act in good faith at all times in performing its obligations and implementing the provisions of this AGREEMENT, including negotiating alternate reimbursement practices and the terms of any addenda. E. Patient Tracking FACILITY agrees to provide reasonable assistance to PROVIDER in the completion of PROVIDER'S authorization or utilization forms, as appropriate, and to provide access to face sheets n accordance with Section II(D) above. III. INSURANCE PROVIDER shall, at no cost to or expense to FACILITY, carry a policy or policies of professional liability insurance, comprehensive general insurance, and medical malpractice insurance issued by an insurance carrier. IV. COMPENSA nON A. Except as provided for in this AGREEMENT, neither FACILITY nor PROVIDER shall charge the other for services provider pursuant to this AGREEMENT, without mutual assent. B. The rate schedule in ADDENDUM A herein shall represent PROVIDER'S full compensation for services provided under this AGREEMENT. Such charges must, at all times, comply with applicable laws, rules and regulations. V. TERMINA nON OR AMENDMENT AS THE RESULT OF GOVERNMENTAL REGULA nONS FACILITY and PROVIDER shall each have the right to terminate or unilaterally amend this AGREEMENT, without liability, in order to comply with any order issued by any federal or state department, agency or commission, or any provision of law or of the JCAHO or other accreditation organization which invalidates or is inconsistent with the terms of this AGREEMENT or which would cause one of the parties to be in violation of law. In the event FACILITY or PROVIDER is required to amend this AGREEMENT pursuant to this Section and the amendment is unacceptable to the other party, such party may choose to terminate this AGREEMENT immediately without liability. VI. Term A. Term and Termination Subject to each party's right of termination as set forth in the preceding paragraph and below, this AGREEMENT shall be for a term of one year commencing at midnight on 01/01/2011 and terminating at midnight on 12/31/2011 (hereinafter referred to as "INITIAL TERM"). 1. FACILITY or PROVIDER may mutually agree to terminate this AGREEMENT in writing, with or without cause upon 30 days written notice; or 2. Except as provided for elsewhere in this AGREEMENT, with cause by either party upon default by the other party of any material term, covenant or condition of this AGREEMENT, where such default continues for a period of (30) days after the defaulting party receives written notice thereof from the other party specifying the existence of default: or 3 Immediately if PROVIDER fails to maintain licensure as required in Section I, Paragraph G (ii) or (iii) herein, or fails to maintain insurance as required in Section III herein. Final 0,' .20 ~OO() Finill ()6 port Im'ilca nursing and n:hahilil~lIi(l1l ccnter ACiRLL!'vIENT FiJI< /\ivlBUI;\NC'I: SfHVICFS 201ldoc ~. .' Final 20 II B. Re-negotiation During the sixty (60) day period of prior to the end of the INITIAL TERM or any RENEWAL TERM, this AGREEMENT shall be subject to the review by the parties. During this 60-day period, the parties agree to use their best efforts to meet together at mutually agreeable times to review and if appropriate to re-negotiate the tenns of this AGREEMENT. If the parties agree to modify this AGREEMENT, such modifications shall be in writing and executed in accordance with Section XVII here of. VII. FORCE MAJEURE Provider shall be excused from perfonnance under this AGREEMENT if for any period PROVIDER is prevented from perfonning any obligations pursuant hereto, in whole orin part, as a result of an Act of God, war, civil disturbance, catastrophe, court order, labor dispute or cause beyond its reasonable control, including shortages or fluctuations in electrical power, heat, light, air conditioning or fuel shortages, and such non-perfonnance shall not be a ground for tennination or default. PROVIDER will use its reasonable efforts under such circumstance to ensure that alternate services be made available should any of these conditions arise. In the event PROVIDER cannot obtain alternate services, FACILITY may exercise its right to contract temporarily with another service until PROVIDER is once again able to meet the needs of FACILITY. VIII. AREAS OF SEVICE PROVIDER will provide the services described herein to FACILITY anywhere within Calhoun and adjacent surrounding Counties and any other areas within the State of Texas up to 50 miles, as mutually agreed upon by both parties hereto. Transport from the FACILITY greater than 50 miles shall be agreed upon by both parties at the time of service. IX. INDEPENDENT CONTRACTOR The relationship between the parties shall at all times be that of an independent contractors. No provision of this AGREEMENT is intended to, or shall be construed to, render one party an agent, employee, servant, or partner of the other. Neither party shall represent to any third party or entity that is authorized to enter into any contract for or on behalf of the other party. Neither party shall execute any contract for or on the behalf of the other, nor attempt to bind the other to any obligation, without the other party's written consent. FACILITY and PROVIDER shall not combine their business operations in any way, but instead shall maintain their operations as separate and distinct entities. PROVIDER'S employees shall not have any claim under this AGREEMENT or otherwise FACILITY for vacation pay, sick leave, retirement benefits, Social Security, worker's compensations, disability or unemployment insurance benefits of any kind. PROVIDER'S employees shall not be entitled to any rights or privileges established for employees of FACILITY, such as vacation, sick leave, paid holidays, or severance pay upon tennination of this AGREEMENT. FACILITY shall neither have nor exercise any control or direction over the method by which PROVIDER perfonns its work or functions; the sole interest and responsibility of FACILITY is to assure that their services contemplated by this AGREEMENT will be perfonned in accordance with the tenns hereof. X. SUCCESSORS AND ASSIGNS FACILITY and PROVIDER shall have the right to assign this AGREEMENT and to delegate all rights, duties and obligations hereunder, whether in whole or part, to any parent, affiliate, successor or subsidiary organization or company of FACILITY or PROVIDER only with consent of other party, which consent shall not be unreasonably withheld. Subject to the foregoing, this AGREEMENT shall be binding upon the parties hereto and their successors and assigns. lillal (13.:0~1J()() Fillal D6 port 1,I\:lca 11lIhillg ,'ilL! r~h<lbililalil>1l c('lllL'r i\GRU.i\HNT Fe!R :\:\1131 i1.!\NCE SERVICES 20 II.dnc ~ Final 20 II XI. PREFERRED STATUS FACILITY and PROVIDER agree and acknowledge that in order for PROVIDER to PROVIDE the most timely, efficient and responsive inter-facility ambulance transportation services, and for PROVIDER and FACILITY to provide the safest and most efficient care, that the inter-facility ambulance transportation services under this AGREEMENT shaH be on the preferred basis as set forth here in. Except as set for herein, the inter-facility ambulance transportation services provided by PROVIDER hereunder are provided on a preferred basis and FACILITY agrees not to contract with any other companies, organizations or agencies for such services during the tenn of this AGREEMENT. This preferred status shaH not apply if this patient, the patient's guardian, third party payor, or the attending physician requests another ambulance service. XII. FIRST RIGHT OF REFUSAL In the event FACILITY desires to evaluate or implement developing a system for critical care ground transportation services, wheelchair transportation service, or other programs relating to ambulance ground transportation services, then FACILITY shaH give PROVIDER written notice of such desire. FoHowing such notice, FACILITY and PROVIDER agree to negotiate for a period of 30 days, on a preferred basis, for PROVIDER to perfonn such services for FACILITY and its patients. XIII. NOTICES Any notice required to be given pursuant to the tenns and provisions hereof shaH be in writing and shall be sent certified or registered mail or by hand delivery to the parties at the addresses set forth below or to such address which a party may designate by notice. PROVIDER: Calhoun County Emergency Medical Services 705 County Road 101 Port Lavaca, Texas 77979 FACILITY: Port Lavaca Nursing and Rehabilitation Center 524 Village Road Port Lavaca, Texas 77979 Either party may change its address to which notices are sent by a notice similarly sent. XIV. SEVERABILITY In the event that any part, tenn of provision of this AGREEMENT is, by any arbitrator or court of competent jurisdiction, held to be illegal, unconscionable, in conflict with any law of state where enforcement of this AGREEMENT is sought, or any public policy thereof, the validity ofthe remaining portion or provisions shaH be construed and enforced as if the AGREEMENT did not contain the particular part, tenn or provision to be invalid. XV. CONTROLLING LAW The interpretation and enforcement of this AGREEMENT shall be consistent with the laws of the State of Texas. In addition, the parties agree that if any legal action is commenced for enforcement of any tenn of provision of, or arising under or related to, this AGREEMENT, said action shaH be preferably commenced on the state or federal courts located within the State of Texas, and the parties consent to the jurisdiction and venue of such courts. XVI. MODI FICA TlON This AGREEMENT constitutes the entire understanding of the parties hereto and no changes, amendments, or alterations shaH be effective unless signed by both parties. That is, any increase or decrease in services must be mutuaHy agreed upon in writing. lillal 03 .?O 200(1 Fillal 06 port lava(<lllllr~ill::: and rehabilitalion cl:nler .:\GRIT:MENT FOR /\i\H3ULANCL SERVICES 10 II.doc " Final 20 II XVII. HOLD HARMLESS CLAUSE Each party to this AGREEMENT shall defend, hold harmless and indemnify the other party and its commissioners, managers, affiliates, shareholders, directors, trustees, officers, employees, and agents against all claims demands, suits judgments, expenses and costs of any and all kinds arising as a result of damages or injuries caused through the performance or failure of performance of this AGREEMENT by said party. XVIII. COMPLETE AGREEMENT This AGREEMENT contains the complete AGREEMENT concerning the subject matter of this AGREEMENT between the parties and shall as of the effective date hereof, supersede all agreements between the parties pertaining to the same subject matter. The parties stipulate that neither of them has made any representation with respect to the subject matter of this AGREEMENT, except as set forth herein. The parties further acknowledge that any statement or representation that may have heretofore been made by either party to the other is of no effect, and that neither of them has relied thereon on connection with its dealings with the other. XIX. EXECUTION OF ADDITIONAL INSTRUMENTS Each party shall at any time, and from time to time, at the other's request execute, acknowledge and deliver any reasonable instruction, instrument or acknowledgment that may be necessary or proper to carry out the provision s and intent of this AGREEMENT. XX. WAIVER AND SURVIVAL The failure of either party to insist upon strict compliance by the other with respect to any of the terms and conditions of this AG REEMENT shall not be construed as a waiver, nor shall such course of action deprive such party of the right thereafter to require strict adherence to the terms and provisions of this AGREEMENT. XXI. NON-DISCLOSURE FACILITY and PROVIDER agree to treat the pricing contained within this AGREEMENT as CONFIDENTIAL INFORMATION and as PROVIDER'S CONFIDENTIAL INFORMATION pursuant to the provisions of Section XXIII. XXII. CONFIDENTIALITY PROVIDER acknowledges that in connection with entering into this AGREEMENT and the services provided by PROVIDER pursuant to it, it will be acquiring and making use of confidential information and trade secrets (hereinafter referred to as the "CONFIDENTIAL INFORMATION") of FACILITY, which include, but are not limited to, management reports, marketing studies, marketing plans, financial statements, internal memoranda, reports, patient lists and other material or records of confidential information. PROVIDER agrees that it will not, after the date hereof, and for so long as any such CONFIDENTIAL INFORMATION may remain confidential, secret or otherwise wholly or partially, use such information except in connection with the performance of the duties pursuant to this AGREEMENT. PROVIDER will not use or divulge the CONFIDENTIAL INFORMATION to any third party, unless: (i) FACILITY consents in writing to such use or divulgence; (ii) PROVIDER is under legal obligation to disclose such CONFIDENTIAL INFORMATION; or (iii) such CONFIDENTIAL INFORMATION becomes available to the public by a reason other than a PROVIDER'S breach of this Section. PROVIDER acknowledges that a breach of this section would result in irreparable damage to FACILITY, and, without limiting other remedies which may exist for a breach of this Section, PROVIDER agrees that this Section hereof may be enforced by temporary restraining order, temporary injunction, or following a trial on the merits. PROVIDER hereby waives the claim or defense that an adequate remedy at law for such a breach exists. The covenants contained in this Section shall survive any termination of this AGREEMENT for two years. I'inal 0.'; 20 ::006 filial 06 port la\ilCa Illlr,ill:; and rch<tbilitatiull center A(jRLL!\:IENT lOR ;\i\1BULANCE SERVICES 201 I.doc ~ Final 20 II FACILITY acknowledges that in connection with entering into this AGREEMENT and the services provided by PROVIDER pursuant to it, it will be acquiring and making use of confidential information and trade secrets (hereinafter referred to as the "PROVIDER'S CONFIDENTIAL INFORMATION") which include, but are not limited to, management reports, marketing studies, marketing plans, financial statements, internal memoranda, reports, patient lists and other material or records of confidential information. FACILITY agrees that it will not, after the date hereof, and for so long as any such PROVIDER'S CONFIDENTIAL INFORMATION may remain confidential, secret or otherwise wholly or partially, use such information except in connection with the performance of the duties pursuant to this AGREEMENT. FACILITY will not use or divulge the PROVIDER'S CONFIDENTIAL INFORMATION to any third party, unless: (i) PROVIDER consents in writing to such use or divulgence; (ii) FACILITY is under legal obligation to disclose such PROVIDER'S CONFIDENTIAL INFORMATION; or (iii) such PROVIDER'S CONFIDENTIAL INFORMATION becomes available to the public by a reason other than a PROVIDER'S breach of this Section. FACILITY acknowledges that a breach of this section would result in irreparable damage to PROVIDER, and, without limiting other remedies which may exist for a breach of this Section, FACILITY agrees that this Section hereof may be enforced by temporary restraining order, temporary injunction, or following a trial on the merits. FACILITY hereby waives the claim or defense that an adequate remedy at law for such a breach exists. The covenants contained in this Section shall survive any termination of this AGREEMENT for two years. XXIII. NO INFLUENCE ON REFERRALS It is not the intent of either the FACILITY or PROVIDER of this AGREEMENT that any remuneration, benefit or privilege provided for under this AGREEMENT shall influence or in any way be based on the referral or recommended referral by either party or patients to the other party or its affiliated providers, if any, or the purchasing, leasing, or ordering of any services other that specific services described in this AGREEMENT. Any payments specified in this AGREEMENT are consistent with what the parties reasonably believe to be fair market value for the services provided. XXIV. THIRD PARTY BENEFICIARY The parties to this AGREEMENT do not intend to confer any benefits hereunder n any person or other legal entity other that the parties hereto, including without limitation any patients of PROVIDER or FACILITY, and no third-party beneficiary rights are intended to be created hereby. xxv. NAME OR TRADEMARK Nothing contained herein shall confer upon either party hereto a license to use, or ownership of (i) the name ofthe other party hereto or any name under which a party operates, or (ii) any trade name, service mark or trademark owned by such party. XXVI. THIRD PARTY PAYOR CONTRACTS PROVIDER will cooperate with FACILITY with respect to all programs established between FACILITY and health maintenance organizations, exclusive provider organizations and other managed care programs. XXVII. NOTICE OF LITIGATION PROVIDER and FACILITY shall promptly notify the other in the event that any party learns of any threatened or actual litigation in which it is a party defendant in a case which involves serviced provided under this AGREEMENT. Within five (5) calendar days after being served with a summons, complaint or other pleading which has been filed in any federal or state court or with any administrative or regulatory agency or after receiving notice of threatened litigation, the party so served or notified shall deliver copies of such document(s) to the other party. XXVIII.HEADlNGS AND CAPTIONS The headings and captions used in this AGREEMENT are for the convenience of reference only, and to not for a part of this AGREEMENT. lined O~: .:0 :?OO(1 Fill;t1 06 purt 1,1\ ilca nursillg alld r..:Il:lhi I it,llilHl cl.'lller ,:\C 1< LL!'.I L NT lOR .'\ r-.mu LA Nt" L SU{ V ICTS '::0 I I.duc ~ Final 201 I XIX. BINDING EFFECT The parties agree that this AGREEMENT shall not be binding upon either party unless and until it is executed by an authorized representative of each party. FACILITY and PROVIDER represent that their representative signatory, whose signature appears below, has been and is, as of the date first written above, duly authorized by all necessary, appropriate and applicable corporate legal action to execute this agreement. XXIX. AGREEMENT READ AND UNDERSTOOD The parties hereto have read and understand this entire instrument and acknowledge that they both have had competent legal counsel available to them in their review and execution of said AGREEMENT. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT Effective 01/0 1/20 11. FACILITY By: By: Title: Title: ~.5 Date: Date: r:in<ll 03:;0 ~OO(J FilIal 06 pun 1<1\:lC<I nllf-;ing and n:lwhililalilJll CenllT ;\CIIU:L,\H:i'H lOR /\MnULANCf SERVIC'IS ~()ll.do(' .. '..- Final 20 II ADDENDUM A COMPENSATON SCHEDULE AND BILLING PRACTICES I. A. Provider will bill its customary rates pursuant to this AGREEMENT. B. Where patients have third party coverage, including Medicare, Medicaid, and private insurance, PROVIDER will bill said insurance and accept as payments in full the amounts allowed by said third party coverage. In such cases, patients will only be billed for: (a) their co-insurance and deductible as detennined by their third party coverage or where mandated by federal or local government: and (b) any services which said third party insurer detennines are not covered by the tenns of the patient's policy. C. Where patients have no third party coverage, PROVIDER will bill the patients directly. In the event the patient refuses to pay for provider service, the FACILITY will be responsible for payment. D. FACILITY will only be responsible for ambulance services which: (a) are pre-approved and authorized by FACILITY (a request for ambulance transport by a facility employee, will be considered as pre-approved and authorized by the FACILITY) (b) where FACILITY is legally responsible ( c) where transport is requested by the FACILITY because patient has no other means of transportation or payment. (d) where the FACILITY request transport due to the FACILITY transport unit being out of service. (e) where the patient is being discharged from the hospital and is returning to the FACILITY. II. For Ground Transports that are the legal responsibility of the FACILITY, the FACILITY will pay: Transports within the Calhoun and Surrounding Counties from one (1) through one hundred fifty miles: Current Rate Contract Rate 10 Contract Rate 11 BLS Non-emergency Base Rate: 399.00 118.00 139.00 Mileage per Loaded Mile: 12.10 7.00 7.80 This payment schedule will be all inclusive of supplies and equipment and accepted as payment in full for any and all transports that are the legal responsibility of the FACILITY or third party. Payment shall be received as defined in section IV. It is understood that these patients shall meet the existing Medicare guidelines for medical necessity for ambulance transportation and have the Certification of Medical Necessity completed for Provider. It is also understood, that for all non-emergency ambulance services where Medicaid is the primary payor, a Prior Authorization number will be obtained by the FACILITY. III. PROVIDER guarantees that the above contracted rates shall be effective for the duration this AGREEMENT. Thereafter, the rates shall be evaluated upon renewal of said AGREEMENT. IV. PROVIDER shall submit invoices to FACILITY on a per call basis for the services provided under the AGREEMENT. hn;tI 03 ~I) 2UO(, Final 06 pOl"lla\ilCa 11lIr.~ing and r~l1,jbilil;Jli(\n (l~ntn ,ViRLL,\If:Nl FelR AtvlBUL..,\NCI: Sf:RVICFS 201 I.doc CONTRACT WITH. NIUSA, INC. AND CALHOUN COUNTY DISTRICT CLERK'S OFFICE FOR E- FILING AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by and seconded by to approve the Contract with NIUSA, Inc. and Calhoun County District Clerk's Office for E-FiHng and authorize Judge Pfeifer all voted in favor. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Passed on this Agenda Item at this time. ACCEPT A REFUND FOR CAPITAL CREDITS FOR THE YEARS 1977 THROUGH 1983 FROM JACKSON ELECTRIC COOPERATIVE IN THE AMOUNT OF $85.98 AND ALLOW COMMISSIONER PRECINCT #3 TO DEPOSIT INTO HIS BUDGET I ACCOUNT: A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to accept a refund for Capital Credits for the years of 1977 through 1983 from Jackson Electric Cooperative in the amount of $85.98 and allow Commissioner Precinct #3 to deposit into his budget/account. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ~ " ::> .. u- -(.) a:z f'. 1-- L{) U _0> 0> WWCOf'. > ..- f'. ....1-"-1/) WI- x <ll _ 0 X z-coa> 00: .1- Cl)Wqci ::.=:a..a..c:: uO ~ <cO ..,(.) o W t- en w. => o w 0:: w U :> 0:: w en en en w 0:: o o <C - 0) : ~-: :::: : t- ..: en "" ~ : o""~ Q-:z~~ Lb :t->-...... :Il - U_o> o":!l.~J::: 5 :: :2~~ <(-::8I< .j! ~ Owu ~ ..:u~:;: o :: 5~:S .5-:~~b: ~ :<~o ...=U",,!l. o (J) ..... C") o o ..... ..... a: w co ~ :J Z a: W co ~ W ~ <'l 00 \0 '" "'<'l o ..- o C\J - ..- .... a> ..c o 13 o ....: Q) .0 E Q) ~ _ C/l o :c .... -0- 0 cO) >-::>,. ::l C .0.... - .t: Q) -0 ::l ~ ::l:5'ffi C" Q)-O....a.Q) :5 g? ~.~ 'E Q)~ >-(ii ~ g CD ~:5 ~ Oa.>Q)a. ~gW::l~ Ctlu .~-o OQ)C/l>S - ..c C Q) 'u -O-O....C/l ~o~o:g Ctl .... ....Q) _ Q) Q)Q) c.... Ci.oE g. 5 u C/l -ECtl .- Q) 0 ::: Q)E_Cda. > C/l Q) Ctl +::CtlO..cU CtlC/lO__ CD<t:Q)OO a. ..c-E gcwj; g>o co > .- _ o(J)o"EQ) o......oo..c 't: ..c Ctl u - -0) Uc O::l Q) Ctl.- Q) ::l -0' weC~Q)Q) ..c Q) Q) _ ,2: c->.oCtl(ii ~f'--~Eg.... ~ f'-- >- Q) = Q) o(J)cECtla. Ctl..... Ctl 0 ~C/l -Q)O J.....-o-=-.....u - Ctl Q) 'u Ctl OQ)-OC/lQ) C/l >- Ctl - C :5 ..... 0 -0 .- .8 ~ 0 Q) ~.~ o-Ctl(iiCtlCi) ,~ 0 ~ g ~ ~ Cl -C/l Q) _ ..: Q) - :S:'UQ)- o :t::' Q) .0 .~ -o16::l.....Ea. ..... ..... 0 Cd ._ CtlO>-C/lQ)..c ~ Ctl -o.~ E ~ UoI _ 0 O)..c Q) Q) '5.';:: ..... u C ..c Ctl Q) CtlE Ctl :s: 1-00. Q)O ..... Ctl Q) Cl c: o en .::J: C,.) Ctl ""') '0 .... CD .J:l E CD E <ll en c: 'Q5 .J:l - o (/) - ;;::: CD C CD ..c >- C Ctl E CD .e - - o CD C o - (/) ,2- ,!!? en - '5 ~ (.) - cD ~ > 'a.~ Ctl ..... C,.) Q) -a. o 0 -00 cO .2(.) CD .t: .....- Q) 0 .eQ) I-W ~ N-~ <a; CD Q) ,,~ Ctl en ClCtl g >- fij '_ 0-.::: C/)' a:..:::: ---~----- I . 1I ". "1.-.l'":, '. .\.,~ e~.,~.'t. ',l : .' , ", .' non, , It..... fl.' ... 'ol. ,'lV. .~. '/' 'I. '" ~ ~ :' .,.~ i!'~, Jl:"JI;..~~lI~I./ V' ..~.~ ~..:. I \ ~ ... . "t,~. t.,.. ~;~~..,..~~-::~.,~~..';.:;~.~....\J.'~fI;;.f.;t: ....,.l~...; '.~.~~j:'. i ..',~/",~.:~..,~ ~,,~. ......J:........~~.t..". .~~(.. ~..W':7".. f.J!(~-:.~'Q.:i~~~: ;' R\)~;t.,. ,{'~ ~" .7~!.~~~~."!..:.:.1..., ~.... ;'" ~).i';' .'. '1 o)4\.,.;Jt;~.~... ~ ~ "'l~.~"'.~' ..,1 . '~ '':.':' I . ":",~,,..., .:,., ~.. ..:.. :. '.'. '. -t' I . .., <ft.4 .. 'r . 1~. ... \I, , ~ .-?'~:',"'~ ....... ",~""'ic.^,. '11.' :J!.'\.~"-,,....~It.,~ .,~~ Ii. j ~....... ~",'l....~.. .... ~....,~\ ',.;.'. .. \~ 'WJJ ';J" 1." .. It ...J.."lI'~ "(,,,-. '.I..j......:.... .' .....:;:'~...f..~~j.{...:..~...')Y..*.. ,'"C''t,A'.''' ~,.....:..,~.t;.. .;.:,..: ,'fa"':':"~"'.1. . ..' ..~, ..' . .. I' III . ....~... (~ .. ''!t'' ..'r' i4 .' .""" , "..! .... J.,.. 'j '. ,. "+ ' ~'~~7:~'~~I; ~ ~l?~':~~~:;'~.~~QI~' ..:' ~ '::"~ii~' ~~.~:~~, 'ii/i.....;.. f)~-iA:..... I#/;~f:lf.';; . '/'$I"~)~ ?:.... .~ . 1" .,~~~;...... :,...... i~'" . '':' ~'1rt'" 1 ". '~'\ ..' . ~.~ & . "".. ' ~t.. 1'[ ",.-I' II. 6>.,'. ~;.",~",/..,....: ./ '. ,'1' 'j'> '.... ...., .t~""'~i:~J.~~~: .i'j' :"';' ..,' . 'ii.,.. ~.:>~'" !~~ )'.....\I"Il(~., ~"'.~~/~:.,I~ f~ '!<-4V;,~'" ~. j ....r,..... ,,"I',~":"~; f . \fIl~.t..'. I' ~..." ,.............,. ';. ". J' .....1.. .... ....... .,'.. ''''1 'j .!.~"" .' ~"",4.":' flf~I,r'.~';...,. G"'ij,,'#.,~. ".It(~I-:'. '~~'I.". ~..".. \';& iVIt'L"'~' ..It '\ \ ", "/lti:.' "<"'1'.e. ,.. ~. . I "'."' '"/r.f;." .' ~ 1 }" . . :it/. " .~ . '~il."';~~~"~*; :~.t~.~~~~..;~~'..,...,r1J.~~~: ':.. ';:l.:~.:. .l'~ '''\f~= : . '.. I =r.,-of;:.!",~.1 .....,.~/.,if.;,.?:jw~.,.\,. I '<8 ,t. .. ,..If" '.', r . . ,,~ \ .f ,olllll. .., '^", 1,'1"0"".-'" 'lI.' It . '. .. ._l't.. ,t":~l" I it'~fJ.I. . .,. ~ '.:'j~"." 1"11':' ....:,)[\.:........ .11..., i..... " \. ,:."'.-i~'m'" '. ." ':"~i :~:".... . t. ~ :~:1' "~l~i!:. :' .:'~" , . ';' .... .~,..'~ ;. ;'.~, '.: :":... :: .'l\.J~t.4f. · ~.~.:~., 'I' .:~~..;~..;;,. ~.. .: (~~....~:' I,\:~.~. ~1-~~..~/~! '. 'J . ",.. ....,~ .". ': ", ..'. 4j i' .~ "". i'."-:o ~'- . ~k .~'f . ~: ~ !~ :- t'~1 I &~.:~.4" 1'10" ...., ~ .... . '.. ".:.,~ .,. .';0 ~~. I,., ..' -:':'~d . : u.\~"~".I'.~t..: ..~..~...~. ~ ...l;.t;-....\. :..\tIt~.ff'>.;,. ...,'.t:"J.:tA'/."\ .~...);.-;,.,t,...t-.. ~:''tr ~., , .,::~~."f..;: a~"I' . ...~'*' ~~ ~..:') . . .~~.l""I",-~ f,. I, I) rJ ~ Or .. .I' rl .. . ^...~. ",-~.'_ I -J! I ~..(. I.. ...\ ~ ".I,?- t 11\'~"':" , '........: .............. ...........f,:/I: t.., ., ~.. ,.' "... . ~'.. ~ '}J.' . --'" tj "l, '.' '.....'l!f:-....l'..'a.. ",'. '1. '\'+...t.........':..I'."'.~....:, '" I . . ,.', ." t. If' .....!.:.,~ .u f' .,U~",,,," , -"\~.......,..j:,,.., :~ ,,' t.,. 'i'~.~ I,' I I r.....": ..~....'!J/~,.,~ . 'il.t I;(~!!a"". ,..;,-;~..'I..".'~".~:~. '#6 .. ".' '~I ~. -I.,. '~J I ,'',,' l"~...\ i, "','" ".":. .,.: I.! .' ''''0' . I. " . . .. I, "' .. .....1 ,.' .' ,0. ..:,t,.\ I. . ~. A.r ""'.I t~ ~ ,". ,.."..~ ,'t. .... . ~~:I~ I,;t :l',: 'iI:'-.r A~, .. t~,:1.lj,'I'.-:.. I :':a.":.Jl ~.~~.,,'- ' " !1I~.":, '.1' ,.:' a,...... ..:,.',f ...4 't,:~ ,....,: ~:~:' or ""1'1'';: ''':';~''\~' 'It ''1;1 ....,~.'': ('I:."...jlO'~:'),;" ~ II... U ........ ". 1'~IJ."" J ,..' .' , .!~ _""".'J.,. ~ '~'w . "..,,~'~ .,". :~~~~, ~.~;~.~,.~. .~r:..~.i. ,:'..l~\:~':~.;.~: ~';. .).!. ,~"- ~ .', ,~~~"" .,..to.' 1~~1"~8 '/~..~ftl ~ . :~Z::....:.. .: . :!lUdt: :f' .:. '8~~CS' .".~ "I' ..~ . ..' ..~: CI)~. .~!.. . .'~ . '.~' . ,.... ~ ." ....~!..i.A::~I.i,.. .. ."..._. Io!i~' ..' \.li' ;;.,.... '.\J U ....W.. . .,.~.l:) W-~4", W~( ......;lIe:. .~:r.- I': \:. .' .~, .:,i I"':'~ ~ I!' ,. ~~ 'J', '/'. yl',I!. ~_ 11:.. ....~O... . ~:.C: .,' t4',oI,"~ t.: " . f .' :f' ~'~"'!:I~<' ' ': ~...:.'., >-. ..~." ":',' 02: '. :.... '. .'~.'!~~..~.C' ',:':~dt.\iI':!'lk"" "\r .~Q.. ij.. :." ~I. ~~.,;A;. ':l"~i':"J.. "...:~. ;. "'~' . \,"': ~" '~""" ....... 'cr.."... ""'I .,. 'J ~ ':. I' '. .t~.. ~ .' '.. -'. ''''. ," ... I "' II' / !: ... U'I .I I:CI rJJ m "'" '1 - \J1 U1 rJI n.a ru .... rf'l ... .... ~ " '" ... wi r.D rJJ o " RENEWAL OF COASTAL PUBLIC LANDS EASEMENT NO. CL200000005, APPROVE RENEWAL PAYMENT OF $25.00 AND AUTHORIZE COMMISSIONER LYSSY TO SIGN ALL NECESSARY DOCUMENTS: A Motion was made by Commissioner Lyssy and seconded by Commissioner Galvan to approve the Renewal of Coastal Public Lands Easement No. CL2000000005, approve renewal payment of $25.00 and authorize Commissioner Lyssy to sign all necessary documents. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. \ Oct0810 10:53a p.2 TEXAS GENERAL LAND OFFICE COASTAL LEASE NO. CL20000005 i By virtue of the authority granted by Chapter 33 of the Texas Natural Resource Code, Title 3] of the Texas Administrative Code, all amendments thereto, all other applicable statutes, and subject to all rules and reguJations promulgated pursuant thereto, the State of Texas (the "'Grantor"), acting by and through the Commissioner of the General Land Office (the "OLO") as Chairman of the School Land Board (the "Board) on behalf of the Permanent School Fund (the "PSF"), hereby grants to the grantee (the "Grantee") named under the "Grantee Name" section of Attachment A, the, Control Page, tbe right to use a tract of state-owned real property (the "Premises"), which property is described in the "Premises" section of Attachment A and further depicted in Attachment B, for the purposes described in this agreement (the "Agreement"). I ARTICLE I: INTERPRETIVE PROVISIONS I (a) The meanings of defined terms are equally applicable to the singular and plural forms of the defmed i terms; (b) i The words "hereof," "berein,'~ "hereunder," and similar words refer to this Agreement as a whole . and not to any particular provision, section, Attachment, or schedule, unless otherwise specified; (c) I The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Agreement, (i) references to agreements (including this Agreement) and : other contractual instruments shall be deemed to include all subsequent amendments aDd other , modifications thereto, but only to the extent that such amendments and other modifications are not , prohibited by the terms of this Agreement; 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 Agreement are for convenience of reference only and shall not ; affect the interpretation of tbis Agreement; (e) 'All attachments within this Agreement, including those referenced by incorporation, and any . amendments are considered part of the terms of this Agreement; CL2QOooOOS cl ne\\'p.doc v.1.0 ~.......--......... CUSTOMER lJ}: COOOO00686 00t0810 10:53a p.3 (f) , This Agreement 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 '.\:ith its terms; (g) Unless otherwise expressly provided, reference to any action of the Grantor or by the Grantor 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 Grantor shall not be unreasonabLy \vithheld or delayed; . . (h) All due dates and/or deadlines referenced in this Agreement that occur on a weekend or holiday shall : be considered as if occurring on the next business day; I , All time periods in this Agreement shall commence on the day after the date on which the applicable . event occurred, report is submitted, or request is received; and (i) G) , . Time is of the essence in this Agreement. , ARTICLE II GRANTING CLAUSE 2.01 GRANTING CLAUSE : In consideration of the payments stated ih Article IV of this Agreement and other consideration . stated therein, the receipt and sufficiency of "vhich are hereby acknowledged, and according to the i covenants and commitments herein agreed to be kept and performed by the Grantee, the Grantor : grants to the Grantee the right to use the Premises for the purposes and under the conditions and : obligations described in the following section of this Agreement. I 2.02 I SCOPE OF GRANTING CLAUSE The Grantee's. use of the Premises is subject to compliance with the following covenants, : obligations, and conditions: I i (a) Use The Premises may be used by the Grantee solely for those uses specified under the "Use(s) of Premises" section of Attachment A and for no other purpose. Except as otherwise provided in this Agreement, the Premises are to remain in their current topographical and hydrologic condition during the term of the Agreement. The Grantee is specifically prohibited from modifying the Premises in any manner not authorized in this Agreement and from using, or allov.ing the use by others, of the Premises for any other purpose. , (b) Trash The Grantee shall be responsible for the removal and disposal of all trash at the Premises, whether or not such trash is generated by the Grantee or its guests and invitees. CUSTOMER lD: COOOOOO686 CL20000005 &I newp .doc v.1.0 ~ . 2 Oct 08 10 10:53a pA (c) Improvements i) The Grantee's right to use the Premises is exclusive as to those alterations, additions. and/or improvements located, or to be located, on the Premises (collectively the .'Improvements"), as more specifically described under the "Use(s) of Premises" section of Attachment A and further depicted on Attachment B, and non-exclusive as to the remainder. The location of the Improvements shall become fixed as specified under Attachment B and shall n01 be changed except by a written amendment to this Agreement. Improvements existing prior to the execution of this Agreement are and shall remain the property of the Grantor; Except as otherwise allowed in this Agreement, no construction, land modifications or excavation, or permanent property improvemerits may be allowed or undertaken without the Grantor's prior express written consent. The Grantee may not maintain or allow any nuisances or public hazards on the Premises, and shall be under a duty to abate or remove any activity or property constituting or contributing to a hazard or nuisance. The Grantee may.file a criminal complaint or institute civil proceedings to protect his right of possession and leasehold interest in the Premises against trespass of other infringement of the Grantee's rights by third parties. The Grantee is specifically prohibited from using or ano~ing the use by others of the Premises for any purpose not stated herein, including, but not limited to: mining, hauling, or otherwise removing rock, sand, gravel, aggregate, or other such materials, without the Grantor's prior express VYTitten approval; ii) I ! i I I .1 i Prior to undertaking construction or installation of Improvements on the Premises, the Grantee shall provide written notice of the terms of this Agreement to each person or entity authorized by the Grantee to perform any such activity on its behalf. If a dispute arises concerning construction 'or installation of the Improvements, the Grantee shall provide the Grantor with a copy of all applicable notices within ten (10) days of the Grantor's \\.Titten'request; Hi) .1 The Grantee, in its sole cost and expense, shall make, and be solely responsible for, any repairs. maintenance, or replacements to the Improvements that the Grantor considers necessary or as required by this Agreement. If the Grantee fails or refuses to honor such a request, or in case of an emergency. the Grantor may make such repairs, maintenance, renewals, or replacements. THE GRANTEE WAIVES ANY CLAIM FOR DAMAGE CAUSED THEREBY AND IS LIABLE TO THE GRANTOR FOR ANY COSTS INCURRED; iv) I Prior to expiration of this Agreement or upon notice of termination. the Grantee shall remove all of the Improvements, remove any resulting debris, and pay Grantor an monies due. The grantee shall take whatever measures are necessary to restore the area involved as nearly as practicable to the same condition that existed prior to placement of any Improvements. If the Grantee fails to comply with this provision, the Grantor shall have the right to perform the work; in which event the Grantee shall be liable to the Grantor for all cost, loss, and damage incurred by the Grantor; v) .1 vi) Notwithstanding the preceding, pursuant to Title 31 of the Texas Administrative Code, the Grantor may waive the removal/restoration requirements in this Section if, CUSTOMER 10: COO0000686 CI..2000000S cI newp.doc v.t.O 3 Oct 08 10 10:54a p.5 in the Grantor's sole opinion and discretion, such waiver is in the best interest of the State. Any such waiver shall be in ~'fiting and may be conditioned upon factors including the nature and sensitivity of the natural resources in the area, potential damage to or destruction of property, beneficial uses of the existing improvement(s), and other factors considered to be in the best interest of the State; and viii) Grantee shall insure that all Improvements constructed, placed, or operated by it on the Premises are visible to operators of marine craft at all times. Grantee shall further take any and all steps necessary to insure that Improvements constructed, placed, or operated by it on the Premises do not constitute a hazard to operators of marine craft. Grantee may not restrict or prevent other persons [rom access to navigating open, navigable waters. : (d) Special conditions The Grantee shan adhere to the special conditions, if any, listed under the "Special Conditions" section of Attachment A. 2.03 . As [s I . THE GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES I AND ACCEPTS THE SAME "AS IS," IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE I GRAJ\TEE ACKNOWLEDGES THAT IT IS NOT RELYII\G ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION OF THE GRANTOR WITH RESPECT TO THE CONDITION OF THE PREMISES, B VT IS RELYING ON THE GRANTEE'S OWN Il\'"SPECTlON OF THE PREMISES. THE GRANTOR DlSCLAIMS ANY . AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITJ\ESS FOR ANY PURrOSE, AND ANY OTHER EXPRESS OR IMPLIED WARRAI\TY NOT EXPRESSLY SETFORTH IN THIS AGREEMENT. THE USE OF THE TERM "GRANT" IN NO WAY IMPLIES THAT THIS AGREEMENT IS FREE OF LIENS, ENCUMBRANCES, AND/OR PRIOR RIGHTS. THE GRANTEE IS peT ON NOTICE THAT OTHER GRANT AND/OR ENCUMBRANCE 1\-1 A Y BE OF RECORD, AND THE GRANTEE IS ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GLO AND RECORDS OF . THE COUNTY IN WHICH THE PREMISES ARE LOCATED. I 2.04 . RESERVATIONS The Grantor reserves the full use of the Premises and all rights with respect to its surface and . subsurface for any and all purposes except for those granted to the Grantee. The aforementioned . reserved full use of the Premises by the Grantor includes the right of ingress, egress, and use of the Premises by the Grantor, its officers, agents, representatives, employees, and other authorized users for any authorized purpose. 2.05 ,RIGHT OF ENTRY , (a) In any circumstances where the Grantor is granted a right of entry on the Premises during the term of the Agreement, no such entry shall constitute an eviction or disturbance of the Grantee's use and possession of the Premises, a breach by the Grantor of any of its obligations hereunder, render the Grantor liable fOT damages for loss of business or otherwise, entitle the Grantee to be relieved from any of its obligations hereunder, grant the Grantee any right of off-set or recoupment, or other remedy. CL20000005 CUSTOMER lD: COOD000686 clnewp.docv.!.O 4 L_~ 00t0810 10:55a p.6 (b) (c) (d) (e) In exercising any right of enlry, the Grantor agrees to exercise its right of entry only at reasonable times (except in an emergency) for purposes of inspection, repair, and as necessary to protect the State's interests, and the Grantor agrees not to unreasonably interfere with the Grantee's authorized use of the Premises. The Grantee shall provide the Grantor with keys or combinations to all locks that may limit access to the Premises. Further, the Grantee authorizes the State, its officers, agents, representatives, and employees to access the Premises over and across Grantee's Adjacent Property. Grantor agrees to use the Adjacent Property only to the extent and for the length of time necessary to provide access to and from the Premises. The foregoing authori7..ation creates a license only, and docs not create an easement over the Adjacent Property. Grantee acknO\vledges that Grantor's right of ingress and egress shall remain in effect as long as any improvements placed on the Premises by Grantee remain on the Premises and/or as necessary for Grantor to confirm the removal (in whole or in part) of those improvements. Any aforementioned right of entry shall survive the termination of this Contract. 2.06 DA\fAGE OR DESTRUCTION OF PREMISES AND/OR IMPROVEMENTS ~ No damage to the Premises, or damage to or destruction of any Improvements, shall in any way ~ alter, affect, or modify the Grantee's obligations under this Agreement. In the event any such . damage or destruction exceeds the cost listed under the "Cost of Damage" section of Attachment A ; per event to repair, the Grantee shall give 'WTitten notice to Grantor within seven (7) calendar days of : the damage or destruction, including a description of the damage or destruction and, as far as known ; to the Grantee, the cause of the damage or destruction. The Grantee shall immediately remove all I debris resulting from such damage or destruction and take such action as is necessary to place the Premises in a neat, safe condition. Within 90 days of the event causing the damage or destruction, ~ the Grantee must either repair or replace the Improvements, if pennitted by law, or return the Premises to their natural condition. The Grantor may make repairs or replacements pursuant to this : section, whereupon the Grantee shall be liable to pay the Grantor, upon demand, the cost and : expense incurred in accomplishing such action. Any failure by the Grantee to make such payment to the Grantor ~ay be treated by the Grantor as an Event of Default. ARTICLE III: TERM I The effective date and termination date of this Agreement are specified under the "Effective and Termination Dates" section of Attachment A, unless renewed or earlier terminated as provided herein. Unless otherwise specified herein, renewal of this Agreement is at the sole discretion of the Grantor. ARTICLE IV: CONSIDERA TION The Grantee shall pay, in consideration of the mutual covenants and agreements set forth in this Agreement, the payment(s) and/or fee(s) listed under the "Payment(s) and/or Fee(s)" section of Attachment A on or before the due date. CL20000005 cl newp.doc v.1.0 r-:hPrnh:u . CUSTOMER rD: COOOOOO6S6 5 Oct 08 10 10:56a _Ii p.? ARTICLE V: EVENTS OF DEFAULT S.Ot EVEl'iTSOF DEFAl!LT (a) (b) r I (c) r I I : (d) I i (e) I I With respect to the Grantee, it shall be an event of default hereunder (HEvent of Default") if: the Grantee fails or refuse~ to timely pay Consideration or any other payments required by this Agreement after it becomes due; the Grantee fails or refuses to comply, timely perform, or observe any of the covenants, duties, obligations, andlor conditions under this Agreement; the Grantee abandons or vacates the Improvements, the Premises, or any significant portion thereof; there is an entry of a court order requiring the dissolution, winding up, or termination of the Grantee's business affairs; or the Grantee fails to materially comply with rules and regulations in the Texas Administrative Code, the Texas Natural Resources Code, or any other rules or regulations promulgated by any state or federal governmental entity with proper jurisdiction over any of the uses permitted under this Agreement unless such a failure to comply is redressed through an enforcement action by an applicable state agency with proper jurisdiction. I 5.02 I NOTICE AND CURE : There shall be no consequences for an Evel1t of Default under this Agreement, unless the defaulting . party receives VoTitten notice of the Event of Default and such Event of Default continues for a I period of 30 days after the defaulting party receives the notice. A notice of Event of Default shall ! specify the event or events constituting the default. This 30 day period shall be extended if the act, i evt:nt, or condition is one that by its natur~ or circumstances reasonably requires more than 30 days i to cure; provided, however, the defaulting party shall promptly and in good faith initiate and . diligently pursue measures that are expected to cure or eLiminate the Event of Default in a reasonable period of time. If either party fails to cure an Event of Default, the non-defaulting party shall be i entitled to terminate this Agreement by written notice. This notice and cure provision does not : apply to an Event of Default under provision 5.01(a) or any emergency situations that affect public i health or safety. I i 5.03 ,CI:MULATlVE RIGHTS AND REMEDIES; No WAIVER ; If an Event of Default occurs and the Grantee fails to cure \\oithin the period provided above, the : Grantor may, at its option, do anyone or more of the following: ; (a) terminate this Agreement by sending written notice of such termination, in which event the I Grantee shall immediately surrender possession of the Premises to the Grantor (such termination shall not prejudice the rights of the Grantor for any claim of payments due); (b) enter upon and take possession of the Premises and expel or remove the Grantee and any other occupant. with or without having terminated the Agreement; or CL2000000S cl newp.d<k V.1.0 CUSTOMER ID: COOOO006S6 6 Oct0810 10:56a p.8 I ,(c) alter locks and other security devices, if any, at the Premises. The failure of either the Grantee or the Grantor to insist at any time upon the strict observance or performance of any of the provisions of this Agreement or to exercise any right or remedy as , provided in this Agreement shall not impair any other right or remedy or be construed as a waiver or : relinquishment thereof with respect to subsequent defaults. Every right and remedy given by this I Agreement to the Grantee or the Grantor may be exercised from time-to-time and as often as may be deemed expedient by the Grantee or the Grantor, as the case may be. In an Event of Default, the , Grantor shall have the option, but not the obligation, to mitigate its damages. ARTICLE VI: GENERAL TERMS. CONDITIONS. AND EXCEPTIONS i 6.01 ASSIGNMENT The Grantee shall not assign or otherwise dispose of an interest in this Agreement or the Premises 'without the express prior written consent of the Grantor; and any attempt to assign Of otherwise : dispose without consent shall be void and of no effect. This prohibition against assigning or disposition shall be construed to include a prohibition against any assignment or disposition by operation of law. If this Agreement is assigned, or if an interest in this Agreement or the Premises is . disposed of, the Grantor may nevertheless collect Consideration from the assignee and apply the net amount collected to the Consideration payable hereunder. No such transaction or collection of Consideration shall release the Grantee from the further performance of its covenants, duties, and obligations. 6.02 , I INDEMNITY : EXCEPT i''"OR DAMAGES DIRECTLY OR PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OF THE GRANTOR, THE GRANTEE SHALL INDEMNIFY AND HOLD HARMLESS THE GRANTOR AND THE GRANTOR'S OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES FROM ANY LOSSES, CLAIMS, , SUITS, ACTIONS, DAMAGES, OR LIABILITY (INCLUDING ALL COSTS AND EXPENSES OF DEFENDING , AGAINST ALL OFTHE AFOREMENTIONED) ARISING IN CON~ECTION WITH: . THIS AGREEMENT; THE USE OR OCCUPANCY OF THE PREMISES; ANY NEGLIGENCE, ACT, OMISSI01\", NEGLECT, OR MISCONDUCT OCCURRING IN, ON, OR ABOUT THE PREMISES; OR ANY CLAIMS OR AMOUNTS ARISING OR RECOVERABLE U~DER FEDERAL OR STATE WORKERS' COMPENSATION LAWS, THE TEXAS TORT CLAIMS ACT, OR ANY OTHER SUCH LAWS. i. '. . THE GRANTEE ASSUMES RESPONSIBILITY FOR THE CO~DlTION OF THE PREMISES. THE GRANTEE EXPRESSL Y AGREES TO USE AND OCCUpy THE PREMISES AND PLACE ANY IMPROVEMENTS ON THE PREMISES AT ITS OW~ RISK. THE GRANTEE SHALL BE RESPONSIBLE FOR THE SAFETY AND WELL BEING OF ITS EMPLOYEES, CUSTOMERS, AND INVITEES. THESE REQUIREMENTS SHALL SURVIVE i THE TERM OF THIS AGREEMENT UNTIL ALL CLAIMS HAVE BEE~ SETTLED OR RESOLVED AND I ! SUITABLE EVIDENCE TO THAT EFFECT HAS BEEN FURNISHED TO THE GRANTOR. CL2000000S c1 newp.doc v.I.O . . CUSTOMER JD: COOOO00686 7 00t0810 10:57a P,g I .. I 6.03 . PROTECfION OF NATURAL AND HISTORICAL RESOURCES , (a) l:nauthorized Discharge The Grantee shall use the highest degree of care and all appropriate safeguards to prevent pollution of air, ground, or water in, on, or about the Premises through an unauthorized discharge, and to protect and preserve natural resources and wildlife habitat. In the event of such discharge or damage to natural resources in, on, or about the Premises that is tbe result of an act or omission of the Grantee, its officers, employees, agents, representatives, contractors, and lor invitees, the Grantee shaH immediately notify appropriate agencies of the State of Texas and the Grantor and undertake all required and appropriate action to remedy the same. The Grantee shall be liable for all damages to the Premises, public lands, and waters as a result of such act or omission and for mitigation of any such damages. (b) Natural Historical Preservation Act and Antiquities Code of Texas THE GRANTEE IS EXPRESSLY PLACED ON NOTICE OF THE NA TlONAL HISTORICAL PRESERVATION ACT OF 1966 AND THE ANTIQUITIES CODE OF TEXAS. Il\' THE EVENT THAT Al\'Y SITE, OBJECf, LOCATION, ARTIFACT, OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL, OR HISTORIC INTEREST IS EI"COUl'TERED DURING THE ACTIVITIES AUTHORIZED BY THIS AGREEMENT, THE GRANTEE SHALL IMMEDIATELY CEASE SUCH ACTIVITIES AND SHALL IMMEDIATELY NOTIFY THE GRANTOR Al\'D THE TEXAS HISTORICAL COMMISSION, SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. 6.04 . COMPLIANCE WITH OTHER LAWS; NUISANCE . The Grantee, at its own expense, vviU comply with all federal, state, municipal, and other laws, . codes, ordinances, rules, and regulations applicable to the Premises; and will install, remove, and . alter such equipment and facilities in, and make such alterations to, the Premises as may be . necessary to comply. The Grantee will 110t make any unla\'Vful use of the Premises or permit any , unlawful use thereof; and will not commit, or permit anyone else to commit, any act that is a nuisance or annoyance to the Grantor or adjacent property owners or tenants, or which might, in the exclusive judgment of the Grantor, damage the Grantor's goodwill or reputation, or tend to injure or depreciate the value of the Premises and/or any Improvements located thereon. The obligations of . the Grantee under this Section shall survive any termination of this Agreement. 6.05 NOTICE (a) The Grantee shall provide written notice to the Grantor of any change in the Grantee's name, address, corporate structure, legal status or any other information relevant to this Agreement. The Grantee shall provide to the Grantor any other information reasonably requested by the Grantor in writing within 30 days following such request. ! (b) Any payments and required written notices under this Agreement shall be delivered by hand, facsimile, or United States Registered or Certified MaiJ, adequate postage prepaid, to the addressees) listed under the "Address(es) for Notification" section of Attachment A. A party may change its address by giving notice as provided above. No change of address shall be binding until notice of such change of address is given as required. CL20000D05 cl RCwp.doc Y.I ,0 . CUSTOMER 10: COOOOO0686 8 Oct 08 10 10:58a , p.10 I 6.06 : SEVERABILITY i If any provision contained in this Agreement is held to be unenforceable by a court of law or equity, . ! this Agreement shall be construed as if such provision did not exist and the non-enforceability of i such provision shall not be held to render any other provision or provisions of this Agreement : unenforceabLe. 6.07 · EJ\TIRE AGREEMENT I This Agreement and its attachments constitute the entire agreement of the parties and such are intended : as a complete and exclusive statement of the promises, representations, negotiations, discussions, : and other agreements that may have been made in cOlmection with the subject matter hereof. Unless an attachment to this Agreement specifically dispLays a mutual intent to amend a partie-ular part of this Agreement, general conflicts in language between any such attachment and this Agreement shall be construed consistently with the terms of this Agreement. Unless otherwise expressly authorized I by the terms of this Agreement, no modification, renewal, extension, or amendment to this Agreement shall be binding upon the parties unless the same is in writing and signed by the respective parties hereto. 6.08 TAXES : The Grantee shall, as further consideration for this Agreement, pay and discharge all '"Taxes" (as hereinafter defined) properly assessed in any calendar year (or portion thereof) during the term of ; this Agreement. For the purposes oftrus Agreement, the term "Taxes" me.ans all taxes, assessments, : impositions, levies, charges, excises, fees, licenses, and other sums (whether now existing or . hereafter arising, whether foreseen or unforeseen, and whether under the present system of taxation or some other system), that during the term of this Agreement may be levied, assessed, charged, or : imposed by any governmental authority or other taxing authority or accrue on the Premises and any , Improvements or other property thereon, whether belonging to the Grantor or the Grantee, or to : which either of them may become liable in relation thereto. The term "Taxes" shall also include all , penalties, interest, and other charges payable by reason of any delay or failure or refusal of the . Grantee to make timely payments as required pursuant to this provision. THE GRA~TEE AGREES TO · AND SHALL INDEMNIFY AND HOLD THE GRANTOR HARMLESS FROM LIABILITY FOR ANY AND ALL . TAXES, TOGETHER WITH ANY Il'\TEREST, PENALTIES, OR OTHER SUMS IMPOSED, AND FROM ANY I , SALE OR OTHER PROCEEDING TO ENFORCE PAYMENT THEREOF. , . 6.09 : ENCUMBRANCE OF INTEREST ! The Grantee may not mortgage, hypothecate. encumber, or grant any deed of trust or security i interest that encumbers the Premises. Further, the Grantee may not collaterally assign any rent or i other income generated from the Premises. Prior to expiration or termination of this Agreement, the ! Grantee will provide the Grantor with documentation sufficient to evidence the Grantor's ownership I of the Improvements not required to be removed per Article II. 6.10 PROPER ALTHORITY Each party hereto represents and warrants that the person executing this Agreement on its behalf has full power and authority to enter into this Agreement. CL20oeJOO5 cl newp.~oc V.I.O CUSTOMER ID: COOOOOO6l!6 9 00t0810 10:59a p.11 6.11 I RELATIONSHIP OF THE PARTIES I , Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer~employee or principal-agent, or to otherwise create for the Grantor any liability whatsoever with respect to the indebtedness, liabilities, and obligations of the Grantee or any other party. 6.12 GRANTEE'S WAIVER OF CERTAIN RIGHTS AND ASSERTIONS The Grantee waives and relinquishes all rights that the Grantee might have to claim any nature of lien against the Grantor and the Premises, or withhold or deduct from or offset against any Consideration or other sums provided hereunder to be paid to the Grantor by the Grantee. The I Grantee waives and relinquishes any right, either as a claim or as a defense, that the Grantor is ; bound to perform or is liable for the nonperformance of any implied covenant or implied duty of the I Grantor not expressly set forth in this Agreement. I , i ! IN TE*TJMONY WHEREOF, witness my hand and the Seal orOffice. I I GRANTOR: THE Sf A TE OF TEXAS I By: I mkRY E. PATIERSON C~h,mjSSiOner, General Land Office Chrirman, School Land Board I Date: I I I I i ! AP PROVE DU Contents: '/1t:I, Legal: br3'--' ~ Deputy: Executive: CL200~5 cl newp. oc v.LO CUSTOMER ID: COOOO00686 10 Oct 191011 :58a p.2 GRANTEE: C~lhoun CO,nty 4 By: {j~ (Signature) l) -e rrJ . L'I 6 Sl} (Printed Name) C f) .\--tF} ~ N\ (6 ~ I CY--~;- K:..--I (7'- (Title) Date: /0 - tcj-/D ACKNO\VLEDGMENT STATEOF T€-~~s COUNTY OF CC J h.o <A-wV ~ 9 S . This instrument was acknowledged before me on the \ '-t day of 0 G..\o b~ 20~, by \J ~'\;LN L'f ssy (r.,-r(1.i.~;.t~..~.c (}r ,,4~~,~'e;lt j.:cl'r.(}.~'enTi.l{rl\:;). ~. r~V?~' , \i"Cotmy Stgnatul";';} Notary Public, State of '"\e ')CcL <; My commission expires: lj -I 8 - 2..-' ''''2- INFORl'dATlON COLLECTED BY ELECTRONIC NIAlL AND BY WEB FORJt..11S SUBJECT TO THE PUBLIC INFOR..HATlON ACT, CHAPTER 552, GOVERN1\lfEl'vT CODE. CL20000005 CUSTOMER ID: C000000686 Oct 081011 :OOa p.13 ATTACHMENT A: CONTROL PAGE C~RANTF.E'S NAME ( alhoun County J REMISES '1\ ponion of State Tract Number 2-A, LavacaBay, Calhoun County, Texas (the "Premises"). The I remises are further described and depicted on Attachment B attached hereto and incorporated 1 erein by reference. ~SE(S) OF PREMISES j\.uthorized Use(s) ofthe Premises: a public park construction of a 2.05 acre (89,280 square feet) , rea of fill, a I' x ] 74' concrete bulkhead, a I' x 190' wooden bulkhead, an 8' x 200' wooden ~alkway with an 8' x 100' T-head, a 4' x 14' platform, a 4' x 50' wooden walkway, a 6' x 25' (oncrete shoreline stabilization, a ] 5' x 75' concrete boat ramp, a 25' x 25' concrete boat ramp, t~o areas of concrete rubble rip-rap encumbering an additional 15,900 square feet, and a dredged (hannel (25' x 200') encumbering 5,000 feet, for a total project encumbrance of 115,100 square eet. PECIAL CONDITIONS 1. Grantee is specifically prohibited from using or permitting the use of the Premises for any commercial or illegal purpose. Provided the Grantor does not unreasonably interfere with Grantee's use of the Premises, the Grantor may use or permit the use of the Premises for any purpose consistent with Grantee's use of the Premises. ~OST OFDAMAGE ive Thousand and No/IOO Dollars ($5,000) per event. :..FFECTIVE AND TERMINATION DATES . his Agreement is for a total period of ten (10) years, effective on December t, 2010, and tpnninating on November 30, 2020. I A YMENT(S) AND/OR FEE(S) l ~rantee and Grantor acknowledge that no rental fees shall be assessed for the described use of 1 ~e premises, while Grantee is not in default of the terms agreed upon herein. Grantor further i cknowledges the receipt of the appropriate contract application and processing fees. . ilDDRESS(ES) FOR NOTIFICATION Grantor's Contact Information Name: . Texas General Land Office Title: Deputy Commissioner, Professional Services Address: 1700 N. Congress Ave. Address: Austin, Texas 7870].1495 Grantee's Contact Information Name: Calhoun County Address: 5812 FM 1090 Address: Port Lavaca, TX 77979-5168 Oct 08 10 11 :OOa p.14 ATTACHMENT B: Oct0810 11:01a p.15 I' I I .- .-.--..---." -'. ~..~ " I ./-~ ' - \ \~~ vaca Bay Tide: Normal Visibility: l' nvegetated Submerged I"r"-'~m ., ........ . .. . . , . ... . . ., ........ .... . . . ... ... . - ,........ . . . . . . . . . . . .. ......... . .. . . . . . . . . .. ...,..... ,..... .,.,...,........ ........-........... ... . .. ..... ..... ,...~.'......... .. .. ...... ..... .... ........... .... .. ..... ;!) <j/?H~ ~:::;: :;:0:;:;:;:;:; i.~111 j.l~m.':li: .. . . . . . . . . . -... . -. . . . .. . YT ~]~H\!: :::::; ::::);:::::;:;::: :::::: :::~::::::;::: ;::::::::~:::::::::: . .. ......,... Unvegetated Submerged 15' VVide Concrete RUbble Rip-rap ..~ "'A' "0: ~1 .J::. : ~ : "5t? CDz ~= Q)ljl -g, 0: ~I 350 ft Natural Sand Beach l!! z c - <? ,,~ ;?.>'" ..,,~ Private land DATE OF INSPECTION: 07-28-2010 CREATOR: mharding MODIFIED BY: KTunnell I Attachment B-': .' \ -.: GENERAL LAND OFFICE (GLO) CONTRACT NO. 11-023-000-4321 CMP CYCLE 15 AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to approve the General Land Office (GLO) Contract No. 11-023-000-4321 CMP Cycle 15 and authorize Judge Pfeifer to sign the contract. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. SUBRECIPIENT GRANT AGREEMENT GLO CONTRACT No.11-023-000~4321 COASTAL MANAGEMENT PROGRAM - CYCLE 15 This subrecipient grant agreement ("Contract") is entered into by and between the GENERAL LAND OFFICE ("OLO"), a State agency, and CALHOUN COUNTY, TEXAS ("Subrecipient"). to provide financial assistance with funds received under the Texas Coastal Management Program ("CMP") Cycle 15 grant funds, to be made available to the State of Texas by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration ("NOAA"), pursuant to the Federal Coastal Zone Management Act of 1972, 16 United States Code Section 1451, et seq., NOAA Award No. NAlONOS4190207 ("Grant"). The Grant funds are limited to use for implementation of a coastal zone management project under the CMP, administered by the OLO (as Coastal Zone Management Awards, CFDA #11.419) and as approved by the Coastal Coordination Council under Chapter 33, Subchapter C of the Texas Natural Resources Code. ARTICLE 1- GENERAL PROVISIONS 1.01 PURPOSE The purpose of this Contract is to set forth the terms and conditions of a Subgrant from the OLO to the Subrecipient under CMP Cycle 15. 1.02 CONTRACT DOCUMENTS The OLO and Subrecipient hereby agree that this document and the following Attachments, which are incorporated herein in their entirety for all purposes, shall govern this. Contract: ATTACHMENT A: ATTACHMENT A-I: Final, Actual Budget (To be Submitted) Project Work Plan and Budget ATTACHMENT B: ATTACHMENT C: / ATTACHMENT D: ATTACHMENT E: CMP Supplemental Terms and Conditions Federal Assurances - Construction (SF-424D) INon-Construction (SF-424B); Certification Regarding Lobbying Lower Tier Covered Transactions (Form CD-512); and Disclosure of Lobbying . Activities Form (SF-LLL) Oeneral Affirmations Sample Additional Required Forms: Progress Report Form; Invoice for Federal Expenditures; Monthly Grant Project . ! GLO Contract No. 11-023-000-4321 Pa~e I of 15 ATTACHMENTF: Equipment Sheet; Monthly Grant Project Timesheet; Budget Amendment Form; Audit Reporting Form; and Historically Underutilized Businesses (HUB) Expense Report Form Grant Closeout Form 1.03 DEFINITIONS "Administrative and Audit Regulations" means the regulationsinchided in Title 43, Code of Federal Regulations, Part 12, Chapter 321 of the Texas Government Code; Subchapter F of Chapter 2155 of the Texas Government Code, and any other federal or state regulation applicable to. the administration and audit of this Contract and. the activities authorized by it . "Budget" means the budget for the Project funded by the Contract, a copy of which is included in Attachment A. "CMP Rules" means the rules set forth in Chapters 501 through 506 of Title 31 of the Texas Administrative Code for the Texas Coastal Management Program, authorized by statute in Chapter 33, Subchapter C of the Texas Natural Resources Code. "Compliant Format" means the format for electronically stored information that complies with the standards set forth in Section 2.4 of Attachment B. "Deliverable(s)" means the work product(s} required to be submitted to the GLO as set forth in the Work Plan. "Equipment" means tangible personal property have a useful life of more than one (1) year and an acquisition cost of FIVE THOUSAND DOLLARS ($5,000.00) or more per unit. "Event of Default" means the occurrence of any of the events set forth in Section 8.01 herein. "Federal Assurances and Certifications" means federal (i) Standard Form 424B (Rev. 7- 97); or (ii) Standard Form 424D (Rev. 7-97), as applicable to the Project; and Form CD- 512 (Rev. 12-04), in Attachment C, which must be executed by Subrecipient "Final Report" means a written report that mustbe received by the GLO upon completion of the Work Plan, as set forth in Section 4.02 herein. "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "GAAP" means "generally accepted accounting principles".as applicable. "GASB" means accounting principals as defined by the Governmental Accounting Standards Board. "General Affirmations" means the affirmations in Attachment D, attached hereto and incorporated herein for all purposes,. to which Subrecipientcertifies by the signing of this Contract. ! GLO Contract No. 11-023-000-4321 Page 2 of 15 "Grant Administrator" means the GLO staff member responsible for administering the Grant, Melissa Porter, GLO Coastal Resources Division (512.475.1393 or .; . Melissa.porter@glo.state.tx.us) or her designee. "HUB" means Historically Underutilized Business as defmed 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/proglhub/mentorprotege/. "Plans" mean the engineering specifications, construction plans, and/or architectural plans for the construction of improvements approved by the GLO for the Project, if any. "Progress Reports" . means written progress reports that must be received by the .GLO monthly or quarterly, as set forth in Section 4.02 herein. "Project" means the activities involved in "Calhoun County Master Plan," described in Section 2.01, and detailed in the Work Plan in Attachment A of this Contract. . . "Prompt Pay Act" means Chapter 2251, Subtitle F of Title 10 of the Texas Government Code. "Public Information Act" means Chapter 552 of the Texas Government Code. "State of Texas Textravel" means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Subgrant" means the pass-through grant funds received through the Grant and approved for use by Subrecipient in accordance With the terms of this Contract. "Subrecipient" means Calhoun County, selected to accomplish the Project under this Contract. "Subcontractor" means an individual or business that signs a contract to perform part or all of the obligations of Subrecipient under this Contract. "Work Plan" means the statement of work and special conditions, if any, contained ii1 Attachment A. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11-023-000-4321 Page 3 of 15 1.04 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, 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) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day; (i) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and U) Time is of the essence in this Contract. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK GLO Contract No. 11-023-000-4321 Page 4 of 15 ARTICLE 2. CMP SUBGRANT AWARD AND SCOPE OF PROJECT 2.01 CMPGRANT AWARD Subrecipient submitted an application for Subgrant funds under CMP Cycle 15. The Coastal Coordination Council has approved the Sub grant Award to Recipient based on Subrecipient's application. Subject to the terms and conditions of this Contract, the GLO agrees to make a Subgrant to Subrecipient in an amount not to exceed NINETY-EIGHT THOUSAND FOUR HUNDRED ELEVEN DOLLARS ($98,411.00), payable in installments as reimbursement of allowable expenses incurred by Subrecipient, to be used in strict conformance with the Budget in Attachment A hereto. It is expressly understood and agreed by Subrecipient that the GLO shall have the right to recapture, and to be reimbursed for, any payments made by the GLO under this Contract that Subrecipient has not used in strict accordance with the terms and conditions of this Contract and the Grant Award Agreement. THIS RECAPTURE .PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF TillS CONTRACT. 11 THE GLO IS NOT LIABLE TO 8UBRECIPIENT FOR ANY COSTS INCURRED BY SUBRECIPIENT BEFORE THE EFFECTIVE DATE OF THIS CONTRACT OR AFTER TERMINATION OF THIS CONTRACT. ii 2.02 PROJECT AND WORK PLAN The Project shall be performed in accordance with the Work Plan and Budget in Attachment A; the Supplemental Terms and Conditions in Attachment B; the Federal Assurances and Certifications in Attachment C; and the General Affirmations in Attachment D. The Work Plan or the scope of the Project may be amended by the Grant Administrator upon submission of a written request: and detailed justification by Subrecipient. Some modifications may require the approval of NOAA, which may cause significant delays. ANY COSTS INCURRED WHILE WAITING FOR APPROVAL OF THE REQUESTED CHANGES ARE THE RESPONSIBILITY OF SUBRECIPIENT. THE GRANT ADMINISTRATOR WILL INFORM SUBRECIPIENT IF THE REQUEST IS APPROVED. 2.03 REAL ESTATE IMPROVEMENTS AND LAND ACQUISITION REQUIREMENTS If applicable, Subrecipient should ensure compliance with Supplement Article 4, Special Conditions Applicable to Real Estate Improvements and Land Acquisitions, in Attachment B. GLO Contract No. 11-023-000-4321 Page 5 of 15 ARTICLE 3. TERM 3.01 DURATION AND EXTENSION OF TERM " (a) This Contract shall be effective as of the date signed by the last party, and shall terminate upon completion of the Project or on March 31, 2012, whichever is earlier. Upon receipt of a written' request and acceptable justification from Subrecipient, the GLO may extend this Contract for a period not to exceed three (3) months. Any request for extension must be received by the GLO at least forty-five (45) days before the Contract's original termination date. (b) HOWEVER, NOTWITHSTANDING THE PRECEDING SECTION 3.01(a), NO WORK MAY BEGIN AND NO COSTS WILL BE REIMBURSED FOR WORK UNDERTAKEN PRIOR TO OCTOBER 1, 2010. 3.02 EARLY TERMINATION I The GLO may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days subsequent to the date of the notice. Upon receipt of any such notice, Subrecipient 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. 11-023-000-4321 Page 6 of 15 , '.i ARTICLE 4. GRANT ADMINISTRATION 4.01 SUBMISSIONS Except for legal notices that must b'e sent by specific instructions under Section 9.07 below, any written report, form, or request required to be submitted to the Grant Administrator under this Contract shall be sent in Compliant Format via email to the following email address: http://www~!!~o.state.tx~us/coastal/!!rants/subrecipient.html 4.02 PROGRESS REpORTS Subrecipient shall submit monthly / quarterly progress reports and a Final Report, as required in the Work Plan, in Compliant Format to the Grant Administrator at the time and in the manner prescribed in Supplement Article 1, Grant Administration, in Attachment B. 4.03 DELIVERABLES Subrecipient shall submit each of the Deliverables, as required in the Work Plan, in Compliant Format to the Grant Admiriistrator at the time and in the manner prescribed in Supplement Article 1, Grant Administration, in AttachmentB. The GLO may require Subrecipient to conform any data presentation or products funded under this Contract to reflect OLO comments. Deliverable due dates may be aniended by the Grant Administrator upon submission of a written request and detailed justification by Subrecipient. Modifications may require the approval of NOAA, which may cause significant delays. THE GRANT ADMINISTRATOR WILL INFORM SUBRECIPIENT IF THE REQUEST IS APPROVED. 4.04 REIMBURSEMENT REQUESTS Subrecipient shall submit requests for reimbursement for costs allowed under this Contract at the time and in the manner prescribed in Supplement Article 1,.Grant Administration, in AttachmentB. Sub recipient may not charge "other operating costs" (i.e., administrative costs, computer usage fees, etc.) in addition to indirect costs, if such costs are already included in the calculation to determine Subrecipient's indirect cost rate. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11-023-000-4321.. Pag~ 7 of 15 ARTICLE 5 -STATE FUNDING 5.01 STATE FUNDING This Contract shall not be construed as creating any debt on behalf of the State of Texas' and/or the OLO in violation of Texas Constitution, Article ill, Section 49. In compliance with Texas Constitution, Article VITI, Section 6, it is understood that all obligations of the OLO 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 of their respective interests, accrued up to the date of termination. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11-023-000-4321 . Page 8 of 15 :1. ARTICLE 6. INTELLECTUAL PROPERTY 6.01 OWNERSHIP AND USE (a) . The parties to this Contract expressly agree that all right, title, and interest in, and to, all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and/or required to be delivered under this Contract shall be jointly owned by the parties with each party having the right to use, reproduce, or publish ,any or all of such information and . other materials without the necessity of obtaining permission from the other party and without expense or charge. , (b) The United States Government is granted Ii royalty free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for U.S. Government purPoses, all reports, drafts of reports, or other material, data, drawings, computer programs, and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and/or required to be delivered under this Contract. 6.02 NONENDORSEMENT BY THE STATE AND THE UNITED STATES Subrecipient shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts, or other publications) that states or implies State of Texas or U.S. Government, or government employee, endorsement of a product, service, or position that the Subrecipient represents. No release of information relating to this Grant may state or imply that the State of Texas or the U.S. Government approves of Subrecipient's work products, or considers Subrecipient's work product to be superior to other products or servIces. 6.03 PUBLICATION DISCLAIMERS REQUIRED The specific acknowledgements and funding statements that must' be included in certain publications funded by the Subrecipient are set forth in Article 3 of Attachment B. 6.04 SURVIVAL THE PROVISIONS OF THIS ARTICLE 6 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS CONTRACT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11-023-000-4321 Page 9 of 15 ~ -:: <0... ff- r I ARTICLE 7 -RECORDS / AUDITS / RETENTION / PUBLIC RECORDS 7.01 BOOKS AND RECORDS AND AUDITS Subrecipient shall keep and maintain full, true, and complete records in a9cordance with GAAP or GASB, whichever is applicable, 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 federal rules, regulations, and statutes. 7.02 PERIOD OF RETENTION Subrecipient shall retain all records relevant to this Contract for a minimum of four (4) years. If any federal funds are used in the Contract, Subrecipient shall retain said records for a minimum of five (5) years. The period of retention begins at the date of payment by the GLO for the goods or services or from the date of termination of the Contract, whichever is 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. 7.03 PUBLIC RECORDS Pursuant to the Public Information Act, records received from Subrecipient may be open to public inspection and copying. The GLO will have the duty to disclose such records, unless a particular record is made confidential by law or excepted from the Act. Subrecipient may clearly label any individual records as a "trade secret," provided that Subrecipient thereby agrees to indemnify and defend the GLO 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 GLO, the GLO will notify Subrecipient of the request ~ accordance with the Public Information Act. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11-023-000-4321 Page 10 of 15 ARTICLE 8. EVENTS OF DEFAULT AND REMEDIES 8.01 EVENTS OF DEFAULT Each of the following events shall constitute an Event of Default under this Contract: (i) Subrecipient's failure to comply with any term, covenant, or provision contained in this Contract; (ii) Subrecipient makes a general assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors; or (iii) if at any time, Subrecipient makes any representation or warranty that is incorrect in any material respect to the Work Plan, any request for payrvent submitted to the GLO, or any report submitted to the GLO related to the Contract. " 8.02 REMEDIES; No WAIVER Upon the occurrence of any such Event of Default, the GLO shall be entitled to avail itself of any legal remedy. A right or remedy conferred by this Contract upon either Party is not intended to be exclusive of any other right or remedy, 'and each and )every right and remedy shall be cumulative and in addition to any other right or remedy given under this Contract, or hereafter legally existing upon the occurrence of an Event of Default. The failure of the GLO either to insist at any time upon the strict observance or performance of any of the provisions of this Contract, or to exerci,se any right or remedy as provided in this Contract, shall not impair any such right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent defaults. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11-023-000-4321 Page 11 of15 ARTICLE 9. MISCELLANEOUS PROVISIONS 9.01 CONTRACT AMENDMENT Unless otherwise provided herein, any amendment to this Contract must be made by formal Contract amendment, executed by both parties and, if required by federal law, approved by NOAA. 9.02 LEGAL OBLIGATIONS Subrecipient shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Subrecipient to provide the goods or services required by this Contract., Subrecipient will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Subrecipient agrees to be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Contract. Subrecipient shall not commence construction of the Project until it has obtained the requisite licenses and/or permits. COPIES OF SUCH LICENSES 'AND PERMITS SHALL BE INCLUDED AS A PART OF THE PROGRESS REpORT, AS DEFINED IN THIS CONTRACT, FOR THE PERIOD DURING WHICH THEY ARE OBTAINED. .9.03 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 SUBRECIPIENT, AND FOR WHICH THE;GLO IS LIABLE, IF AT ALL, ONLY THROUGH THE VICARIOUS LIABILITY OF SUBRECIPIENT, THEN, IN SUCH EVENT, SUBRECIPIENT 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 SUBRECIPIENT IS NAMED AS A PARTY DEFENDANT IN ANY LITIGATION SEEKING ANY DAMAGES FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH RESULTING OUT OF THE GLO's ACTIONS OR OMISSIONS, AND SUBRECIPIENT'S SOLE LIABILITY, IF ANY, IS ONLY VICARIOUSLY THROUGH THE GLO, THEN, IN 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) INCURRED BY SUBRECIPIENT, INCLUDING ANY VERDICTS OR JUDGMENTS OR AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM ARISING OUT OF, OR IN CONNECTION WITH THIS CONTRACT. ANY ATTORNEYS RETAINED BY SUBRECIPIENT TO REPRESENT GLO Contract No. 11-023-000-4321 Page 12 of 15 ANY INTEREST OF THE GLO MUST BE APPROVED BY THE GLO AND BY THE OFFICE OF THE TEXAS ATTORNEY GENERAL. ANY ATTORNEYS RETAINED BY T~E GLO TO REPRESENT THE INTEREST OF SUBRECIPIENT MUST BE APPROVED BY SUBRECIPIENT. 9.04 AsSIGNMENT AND SUBCONTRACTS (a) Subrecipient shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract not encompassed within the Work Plan without the prior written consent of the GLO. Notwithstanding this provision, it is mutually understood and agreed that Subrecipient may subcontract with others for some or all of the services or work to be performed. In no event may Subrecipient delegate or transfer its responsibility for use of the funds under this Contract. (b) In any approved subcontracts, Subrecipient shall legally bind any such subcontractors to perform, and make such subcontractors subject to, all the duties, requirements, and obligations of Subrecipient specified herein. Nothing in this Contract shall be construed to relieve Subrecipient of the responsibility for ensuring that that the goods delivered and/or the services rendered by Subrecipient and/or any of its subcontractors comply with all the terms and provisions of this Contract. Subrecipient will provide written notification to the GLO of any such subcontractor performing fifteen percent (15%) or more of the work under this ~ontract, 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. (c) The GLO and NOAA shall have the right to initiate communications with any subcontractor, and may request access to any books, documents, papers, and records of a subcontractor directly pertinent to this grant. Such communications may be required to conduct audits and examinations and gather additional information. : 9.05 RELATIONSHIP OF THE PARTIES Subrecipient is associated with the GLO only for the purposes and to the extent specified in this Contract, and, in respect to Subrecipient's performance pursuant to this Contract, Subrecipient 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-employee or principal-agent, or to otherwise create for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Sub recipient or any other party. 9.06 COMPLIANCE WITH OTHER LAWS In the performance of this Contract, Subrecipient shall comply with all applicable federal, state, and local laws, ordinances, and regulations. Subrecipient 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. GLO Contract No. 11-023-000-4321 Page 13 of 15 9.07 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, re'tuffi 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 78701 Attention: Legal Services Divis~on Subrecipient Calhoun County 211 S. Ann Street, Suite 301 Port Lavaca,TX 77979 Attention: The Honorable Judge Mike Pfifer 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. ': 9.08 GOVERNING LAW AND VENUE This Contract and the rights and 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. Subrecipient 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 W AlYER OF SOVEREIGN IMMUNITY BY THE GLO. 9.09 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law, 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. 9.10 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 ~ting of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the GLO Contract No. 11-023-000-4321 Page 14 of 15 parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolv~ 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. I . I ! 9.11 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. Subrecipient acknowledges that this Contract is effective for the period of time specified in the Contract. Any services performed by Subrecipient before this Contract is effective or after it ceases to be effective are performed at the sole risk of Subrecipient. 9.12 ENTIRE CONTRACT AND MODIFICATIONS 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 shall be harmonized with this Contract to the extent possible. Unless such integrated attachment or purchase order specifically 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. 9.13 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. SIGNATURE PAGE FOLLOWS GLO Contract No. 11-023-000-4321 Page 15 of 15 " ,!"') .-.; ~ '"' ..... .... r"\- i""J ~ ~ .....-- ~ ~ "'l ...... !"'l'" f"I "'l ""'l 1""1 ~.,.., (", ~ - t"o.l"'.!*l ,"'.....~ SIGNATURE PAGE FOR GLO CONTRACT No. 11-023-000-4321' GENERAL LAND OFFICE CALHOUN COUNTY LmTy~lerW . Deputy Land Commissioner Calhoun County By: fW,t ,U ~ !fd- Title: County J dge Date of execution: (oJ U II? Date of execution: 10-14-10 ~.iV:.~.' . . A.G.C. .-,--- . G.C. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ~ .., t"!~ ~ e '" ^" (") 1\ ~ e e '" ~~e tt 9. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. 99276a to 276a-7), the Copeland Act (40 U.S.C. 9276c and 18 U.S.C. 9874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 99327- 333), regarding labor standards for federally-assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. 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 undar the Coastal Zone Management Act of 1972 (16 U.S.C. ~91451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. ~97401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking 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). SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Calhoun County THIS FORM MUST BE EXECUTED Attachment C Page 2 of 5 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 991271 et saq.) ralated to protecting components or potential components of the national wild and scenic rivers system. 13. 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. 9470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 99469a-1 at seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 992131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 994801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations. .. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. TITLE Calhoun County Judge DATE SUBMITTED October 14, 2010 Standard Form 424B (Rev. 7-97) Back FORM CD-S12 (REV 12-04) Attachment C Page 3 of 5 U.S. DEPARTMENT OF COMMERCE CERTIFICATION REGARDING LOBBYING LOWER TIER COVERED TRANSACTIONS Applicants should review the instructions for certification included in the regulations before completing ~hi.s form. Sign~tur: on this form provides for compliance with certification requirements under 15 CFR Part 28, "New Restnctlons on Lobbymg. LOBBYING As required by Section 1352, Tille 31 of the U.S. Code, and implemented at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections 28.105 and 28.110, the applicant certifies that 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 employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal gran~ 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 agreemenl (2) If any funds other than Federal 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, an ollicer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, gran~ loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-ill, "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 file the required certification shall be subject to a civil penalty of not Jess than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: In any 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, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-lLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required state- ment shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT Calhoun County PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Michael J. Pfeifer, Calhoun County Judge AWARD NUMBER AND/OR PROJECT NAME 11-023-000-4321 DATE October 14, 2010 ATTACHMENTS FOR GLO CONTRACT No. 11-023-000-4321 ATTACHMENTF: PROJECT WORK PLAN AND BUDGET FINAL, ACTUAL BUDGET (To BE SUBMITTED) CMP SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL ASSURANCES - CONSTRUCTION OR NON- CONSTRUCTION PROGRAMS AND CERTIFICATIONS REGARDING LOBBYING GENERAL AFFIRMATIONS SAMPLE ADDITIONAL REQUIRED FORMS: Progress Report Form; Invoice for Federal Expenditures; Monthly Grant Project Equipment Sheet; Monthly Grant Project Timesheet; Budget Amendment F,orm; Audit Reporting Form; and Historically Underutilized Businesses (HUB) Expense Report Form GRANT CLOSEOUT FORM ATTACHMENT A ATTACHMENT A-I ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E: ~, Attachment A GLO Contract No. 11-023-000-4321 page 1 of 4 Attachment A - Work Plan and Budget Contract Number: 11-023-000-4321 " Project Name: Calhoun County Master Plan Entity: Calhoun County Project Description: Like all Texas coastal counties, Calhoun County is experiencing rapid and dramatic changes in its economic base, land use and in shoreline development. Within the last ten years, commercial fishing has dwindled to a trickle of economic activity and the economic base of Seadrift-Port O'Connor corridor has largely shifted away from an extraction economy to a , recreation-based economy. The accompanying land development and shift in recreational :: activities has brought the natural resources of the county face to face with two substantial issues, (1) lack of access to the bays and (2) threats to the county's extensive wetlands. L~ck of public access to the bays surrounding the county has become a serious problem. For example (according to Texas Parks and Wildlife Department surveys) three of the top 10 most actively used saltwater boat ramps are in southern Calhoun County. These ramps are terribly congested and that congestion brings with it issues of inadequate public access, litter, pollution and public safety. Of these three ramps, two are privately owned and the third (the only remaining public ramp) lacks adequate parking for the traffic it harbors. Not only is it of importance to provide access, such access must be located and developed with an eye turned to maintaining the county's wetland resources. For example, the lack of public access in the Port O'Connor and Seadrift areas has resulted in significant environmental damage to public wetlands, which are not currently designated as public access points. Users often operate vehicles or launch boats in wetland areas because these are the only access points near desired recreational destinations. This activity is widespread and particularly troublesome in that it occurs along shorelines near to areas designated as il 'critical whooping crane habitat." Although growth is occurring and certainly will accelerate, there is still time to fully catalog and protect the county's natural assets and to describe its infrastructure needs. Bay access in the future must not only be available, it must meet the needs of citizens that are currently not being served. For example, there is no bay access from the shoreline within 20 miles of Seadrift and access to the bays using personal paddle craft-the fastest growing outdoor recreational activity in saltwater-holds tremendous possibilities and potential economic benefits. '; In 2006, the Westside Calhoun County Navigation District contracted development of a plan for the southern parts of Calhoun County. The county leadership envisions this project as both an extension to that plan and a comprehensive description of how the county can address issues of bay access. The County will contract with a qualified consulting firm to create this access master plan. County leadership envisions using these funds to develop a Attachment A GLO Contract No. 11-023-000-4321 page 2 of 4 Attachment A - Work Plan and Budget plan that would: - Identify and catalog current and potential bay access sites; - Develop strategies and recommendations for improving existing access points and for increasing low-impact, low-cost bay access (for,example, kayaking trails and fishing pier(s) " that is correctly placed for the greatest social and environmental benefit). '___....._..............__M..__ ,".'.'" ..--,..v"....__.___.."," .,.-......."...._' .. --..---, " ._ - _" .....-.--....--..----..-...----.-..------........---.--..--.-... .. po-", " Project Budget: CMP Salaries $0.00 Fringe $0.00 Travel $0.00 Supplies $0.00 Equipment $0.00 Contractual $98,411.00 Other $0.00 .. Subtotal: $98,411.00 Indirect $0.00 Total: $98,411.00 ..:.....;.;......:,,~~~..;;,;.-.;-::;.::..,:~:...~.._....J.:.~:.....;._.:;~...,.... Subrecipient 'I Third Party Project Total $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 $98,411.00 $0.00 $0.00 $0.00 $0.00 $0.00 $98,411.00 $0.00 $0.00 $0.00 $0.00 $0.00 $98,411.00 Attachment A GLO Contract No. 11-023-000-4321 page 3 of 4 Attachment A - Work Plan and Budget Special Award Conditions: 1. This project must be completed as described in this work plan. 2. The OLD and/or NOAA must approve any changes in the scope of work or budget requests that change the total project cost. 3. CMP and NOAA logos, including appropriate acknowledgment statement, must be printed on education/outreach materials, signs, and final reports and/or publications. ,Task 1 Description: Asset Assessment ,: The contractor will develop a comprehensive catalog of existing bay and estuary access '!Points in Calhoun County. Calhoun County has the longest shoreline of any county in i[Texas and the catalog will assist integrating existing assets into a more broadly based !~bay access strategy and plan. Deliverable(s )/Milestone( s): 1. Preliminary asset assessment will be completed within 120 days of contract award. This assessment will be a central part of the overall master plan and will include mapping of existing and potential bay access points. 2. Presentation of findings to Commissioners' Court at 120 days post contract award. Deliverable Due Date(s): 2/28/2011 Task 2 Description: Develop Strategies and Recommendations for Innovative, Cost Effective, and Environmentally Sound Bay Access. Contractor will provide strategies and recommendations that, upon implementation, will provide more acc<?ss, better access and socially relevant access. In addition to the classic "boat ramp" access points, recommendations may include such strategies as carefully considered fishing piers near Seadrift or kayak fishing/paddling trails throughout the bay systems. Delivera ble( s )/Milestone( s): 1. Completed asset assessment and inventory of existing and potential bay and estuary access sites. 2. Strategy for best utilizing existing and potential bay and estuary access sites. 3. Preliminary recommendations will be required within 240 days of contract award. 4. Presentation of findings to Commissioners' Court at 120 days post contract award. Deliverable Due Date(s): 6/30/2011 Attachment A GLO Contract No. 11-023-0QO-4321 page 4 of 4 Attachment A - Work Plan and Budget Task 3 Description: Final Plan Submission. A completed final plan, which will include final'asset assessment and recommendations, will be submitted to the Calhoun County Commissioners' Court. Delivera ble(s )/Milestone( s): 1. Final plan would be completed within one year of contract award. 2. Final report findings and recommendations to Commissioners' Court. Deliverable Due Date(s): 10/31/2011 AttachmentB Page 1 of 13 CMP SUBGRANT SUPPLEMENTAL TERMS AND CONDITIONS ARTICLE 1 - GRANT ADMINISTRATION 1.1 GENERAL REQUESTS I! Subrecipient may submit requests provided for in the ContraCt, in writing via email, in Compliant Format. Requests must cite the nature of the request, the section of the Contract that authorizes' the request,' and a detailed justification for the request. A request is granted only upon receipt by Subrecipient of written approval from the Grant Administrator. " 1.2 GRANT ADMINISTRATION FORMS , I ' ' , , (a) Recurring forms that must be submitted to the GLO Grant Administrator can be downloaded at the following web address: httu:/ /www.e:lo.state.n.us/coastalle:rants/subreciuient.html A copy of the current version of each recurring form required is included in Attachment E, for convenience. However, as these forms are updated from time to time, Subrecipientshould periodically check the web site for updated forms. Subrecipient is responsible for using the proper'forms. (b) Subrecipient must submit certain additional forms required by the Contract or the Grant to show that Subrecipient has complied with required state and federal laws applicable to the Grant. The forms and certifications described below are found in Attachment C. II (i) Either the federal Assurances for Construction Programs (Standard Form 424D) or ,Assurances for Non-Construction Programs (Standard Form 424B), as applicable to the Project, 'is found at Page 1 of Attachment C, and must be executed by Subrecipient. (ii) Certifications Regarding Lobbying Lower Tier Covered Transactions (Form CD-512) is found at Page 3 of Attachment D, and must be executed by Subrecipient; Subrecipient may check for vendor debarment at the Federal General Services Administration's Excluded Parties List System at: www.enls.e:ov. (iii) Disclosure of Lobbying Activities Form (Standard, Form-LLL) is found at Page 4 of Attachment E, and must be submitted by CMP Subgrant Supple~enta1 Terms and Conditions Attachment B . Page 2 of13 Subrecipient ifrequired by Section 5.5 of the Supplemental Terms and Conditions, relating to Lobbying Disclosure. . 1.3 PROGRESS REpORTS Subrecipient shall submit monthly progress reports that must be received by the GLO on or before the 10th day. of each calendar month during the term of this Contract, commencing January 10, 2011 ("Progress Reports"). Progress Reports must be submitted electronically in Compliant Formatto the Grant Administrator on the Progress Report form, a sample of which is attached hereto in Attachment E. The Progress Report form may be downloaded at: httu://www.f.do.state.tx.us/coastallf.!:rants/subreciuient.html All Progress Reports shall include: (a) a brief statement of the overall progress of each task identified on the. Work Plan since the last progress report; (b) a brief description of any problems that have been encountered during the previous reporting period that will affect the Work Plan, delay the completion of any portion of this Contract, or inhibit.thecompletion of or cause a change in any of the Work Plan objectives; (c) a description of any action Subrecipient.plans to undertake to correct any problems that have been encountered; and (d) a status report on the Budget, as defmed in this Contract. In addition, Sub recipient must submit a Project closeout form to the GLO Grants Administrator upon completion of the Project. The closeout form may be found at: : . httu://www.f.!:lo.state.tx.us/coastallf.!:rants/subreciuient.html. 1.4 DELIVERABLES Subrecipieht shall submit electrorllcally each of the Deliverables set forth in the Work. Plan in Attachment A, in Compliant Format, and in the time and manner prescribed therein, to the Grant Administrator. 1.5 REIMBURSEMENT REQUESTS Each request for reimbursement shall: (a) prominently display "GLOContract No. 11-023-000';4321," the failure of which may significantly delay payment under the Contract; (b) be on the approved GLOforms, which maybe downloaded at: bUu :lLwvnY...21~.state.tx.'UsLcoastaIl2rants/subrecipient.html; provided, however, that auniversity or university system may submit its standard invoice in lieu of a GLO invoice form. CMP Subgrant Supplemental Terms and Conditions Attachment B Page 3 of 13 (c) be supported by an invoice detailing each expense by Budget category in accordance with the Project Budget in Attacb!llent A; (d) include a timesheet or a payroll clearing account spreadsheet; and (e) provide such other information as theGLO may request. Each invoice shall be supported by actualreceipts,cancelled checks, and/or such other documentation that, in. the judgment of the GLO, allows for full substantiation of the costs incurred. Requests for payment must be submitted in' Compliant Format via email to the Grants Administrator quarterly, on or before the 10th day of calendar quarter. REQUESTS FOR REIMBURSEMENT UNDER TIDS CONTRACT MUST BE RECEIVED BY THE GLO NOT LATER THAN SIXTY (60) DAYS FROM THE DATE SUBRECIPIENT INCURS THE EXPENSE. NOTWITHSTANDING THE PRECEDING, REQUESTS FOR REIMBURSEMENT FOR EXPENSES INCURRED. BY ANY SUBCONTRACTOR. MUST BE RECEIVED BY THE GLO NOT LATER THAN TllIRTY (30) DAYS FROM THE DATE THE SUBRECIPIENT RECEIVES THAT INVOICE FROM A SUBCONTRACTOR. FAILURE BY SUBRECIPIENT TO COMPLY IN A TIMELY. MANNER WITH THESE TWO REQUIREMENTS MAY, AT THE GLO's SOLE DISCRETION, RESULT IN DENIAL OF THE REQUEST FOR REIMBURSEMENT. 1.6 BUDGET VARIANCE Upon written request and justification byStibrecipient to the Grants Administrator, reallocation among budget . categories may be allowed. Subrecipient must use the GLO :Budget Amendment Form. This form may be downloaded at: http://www.2:lo.state.n.us/coastal/2:rants/subrecipient.htmL Such reallocations may not increase the amount of the grant or total Budget; may not total more than fifteen percent (15%), in the aggregate, of the totalProject Budget; and shall be effective only after approval by the GLO. Any request for a variance that changes the total budget amount or the Project scope or outcome may be allowed only through the formal, written Contract amendment process. A FINAL, ACTUAL BUDGET, TO BE ATTACHED. HERETO AS ATTACHMENT A-I, SHALL BE SUBSTITUTED FOR THE EXISTING BUDGET IN ATTACHMENT A, AND SHOULD BE SUBMITTED NO LATER THAN THIRTY (30) DAYS FROM THE .EXPIRATION OR TERMINATION DATE OF THE CONTRACT. 1. 7 RETAINAGE ApPLICABLE TO CONSTRUCTION PROJECTS To ensure full performance, the GLO may retain an amount equal to thirty-three percent (33%) of Subrecipient's gnint amount until Subrecipient's delivery, and GLO's approval, of all Deliverables required herein. The GLOshall make a final disbursement only upon receipt. of documentation sufficient to determine that Subrecipient has completed the Project in accordance with the Work Plan, and CMP Subgrant Supplemental Terms and Conditions Attachment B Page 4 of 13 that all requirements of the Contract and the relevant provisions of the Grant have been fulfilled by Subrecipient. 1.8 PURCHASES Subrecipient shall not purchase any equipment and/or computer software not included as a reimbursable item shown on the Budget in Attachment A. Title and possession of any Equipment will remain the property of Subrecipient unless and until transferred to the OLO, upon written request by the OLO. Subrecipient shall furnish, with its final reque,st for reimbursement, a list of all Equipment purchased with grant funds under the Contract, including the name of the manufacturer, the model number, and serial number. The disposition of any Equipment shall follow the Administrative and Audit Regulations. 1.09 AUDIT REQUIREMENTS (a) The OLO, as a pass-through entity, has the responsibility to ensure that ., Subrecipients expending FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) or more in federal awards during each of the Subrecipient's fiscal years of funding have met audit requirements in accordance with U.S. Office of Management and Budget Circular A-133. If applicable, Subrecipient shall complete and return the Audit Reporting Form no later than September 10f each year until the Contract is terminated. The Audit Reporting Form may be downloaded at: http://www.glo.state.tx.us/coastal/grants/subrecipient.html. (b) In addition, Subrecipient agrees that all relevant records related to this Contract and any Deliverables produced in relation to this Contract, including the records and Deliverables of its Subcontractors, shall be subject to the Administrative and Audit Regulations. Accordingly, such records and Deliverables shall be subject, at any time, to inspection, examination, audit, and copying at any location where such records and . Deliverables may be found, with or without notice from the OLO or other government entity with necessary legal authority. Subrecipient agrees to cooperate fully with any federal or state entity in the conduct of inspection, examination, i audit, and copying, including providing all information requested. Subrecipient will ensure that this clause concerning federal and state entities' authority to inspect, examine, audit, and copy records and Deliverables, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK " CMP Subgrant Supplemental Terms and Conditions Attachment B Page 5 of 13 ARTICLE 2 - GLO ELECTRONICALLY STORED INFORMATION STANDARDS 2.1 GEOGRAPHIC INFORMATION SYSTEMS. Data, databases, and products associated with electronic Geographic Information Systems (GIS) that have been collected, manipulated, or purchased with CMP grant funds and/or local match funds will be subject to all applicable terms of the Texas Geographic Information Standards of the Texas Geographic Information Council (TGIC) and Texas Administrative Code (TAC) ~20L6, Planning and Management of Information Resources Technologies, Geographic Information Standards. The Geographic Information Standards Rule is available on the World Wide Web at www2.dir.state.tx.us/sponsored/tgic/Pages/standards.aspx, or by writing to the Department of Information Resources (DIR), TGIC Administrative Chairperson, P.O. Box 13564, Austin, Texas, 78711-3564, email: rob.aanstoos@dir.state.tx.us. or phone:' 512-463-7314. 2.2 TRANSFER OF DATA. Any GIS data to be transferred or exchanged that is collected, manipulated, or purchased with funds from this contract MUST be documented as specified in the Federal Geographic Data Committee (FGDC) document Content Standard for Digital Geospatial Metadata, version 2 (FGDC- STD-OOI-1998) or later. The federal metadata standard is available on the World Wide Web at www.fgdc.gov/metadata/csdgm. Metadata must be submitted in HTML, XML or ASCII text formats. 2.3 FORMAT. Although many Texas state agencies, including the GLO, have adopted Environmental Systems Research Institute, Inc. (ESRI) software products as in-house GIS software, this is NOT an endorsement of these, or any other, products. However, any electronic spatial data collected, manipulated, or purchased with CMP grant funds 'and/or local match funds shall be transferred in a mutually-acceptable GIS format, along with corresponding metadata (see above). Non-spatial data deliverables (reports, tables, databases, spreadshe~ts, images) must be delivered in Acrobat PDF, MS Office, WordPerfect, dBase (.dbf), ASCII, or standard image formats (JPEG, TIFF, GIF, etc.). Acceptable media for delivery include DVD, CD-ROM, flash drive, and external hard drive. Subrecipient is expected to comply with these guidelines. If Subrecipient cannot comply with these guidelines, then Subrecipient must provide a written justification detailing why an exception is warranted. 2.4 COMPLIANT FORMAT FOR GRANT ADMINISTRATION Subrecipients should submit written reports, requests in Word format; invoices and supporting documentation in pdf format; and photographs in .jpg format and form unless otherwise agreed by the Grant Administrator. CMP Subgrant Supplemental Terms and Conditions Attachment B Page 6 of 13 ,I ARTICLE 3 - PuBLICATION AND ACKNOWLEDGEMENT OF SOURCE OF CMP FUNDS 3.1 PUBLICATION (a) If Subrecipient or its employee(s) use NOAA financial assistance to publish reports and other materials completed as a result of this Contract, the author shall assure that the paper bears the following statement as well as the NOAA and CMP logos on the front cover or title page of such document and other materials: A PUBLICATION" (OR REPORT) OF THE COASTAL COORDINATION COUNCIL PURSUANT TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AWARD No. NAI0NOS4190207. (b) IfSubrecipient or its employee(s) use NOAA financial assistance to publish a paper based in whole or in part on the work funded by this Contract, the author shall assure that the paper bears the following statement as well as the NOAA and CMP logos on the front cover or title page of the paper: THIS PAPER IS FUNDED ("IN PART" IF APPROPRIATE) BY A GRANT/COOPERATIVE AGREEMENT FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. THE VIEWS EXPRESSED HEREIN ARE THOSE OF THE AUTHOR(S) AND DO NOT NECESSARILY REFLECT THE VIEWS OF NOAA OR ANY OF ITS SUB-AGENCIES. (c) If the Subrecipient or its employee(s) use NOAA financial assistance to produce signage, the Subrecipient shall assure that the signage bears the following statement as well as the NOAA and CMP logos on all signs: THIS PROJECT IS FUNDED ("IN PART" IF APPROPRIATE) BY A GRANT FROM THE COASTAL COORDINATION COUNCIL PURSUANT TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AWARD No. NAI0NOS4190207. (d) When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal funds, including, but not limited to, state and local governments and recipients of federal research grants, the Subrecipient shall clearly state (i) the percentage of the total costs of the project or program which will be financed with federal money; (ii) the dollar amount of federal funds for the project of program; and (iii) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. ALL DOCUMENTS AND MATERIALS MUST CONTAIN THE NOAA AND CMP LOGOS ON THE FRONT OR TITLE PAGE. (e) THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS CONTRACT. CMP Subgrant Supplemental Terms and Conditions 3.2 3.3 ... Attachment B Page 7 of 13 SIGNAGE If facilities or other permanent improvements are constructed, Subrecipient shall provide and erect temporary signs d~g the construction phase of such projects that contain the following language: CONSTRUCTION OF TillS FACILITY WAS MADE POSSffiLE BY A GRANT UNDER THE COASTAL ZoNE MANAGEMENT ACT OF 1972, AS AMENDED, AND AWARDED BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AND ADMINISTERED THROUGH THE COASTAL COORDINATION COUNCIL AND THE TEXAS COASTAL MANAGEMENT PROGRAM. At the completion of the aforementioned projects, Subrycipient shall replace the temporary signs with permanent signs, to be provided by the GLO. Permanent signs must also be erected for projects that include land acquisition. SURVIVAL THE PROVISIONS OF THIS ARTICLE 3 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THE CONTRACT. " REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CMP Subgrant Supple,mental Terms and Conditions Attachment B Page 8 of 13 ARTICLE 4 - SPECIAL CONDITIONS APPLICABLE ONLY TO REAL ESTATE IMPROVEMENTS AND LAND ACQUISITIONS 4.1 LAND ACQUISITIONS (a) In the event that private land is to be acquired with grant funds, Subrecipient shall have such land surveyed in the following manner: (1) any parcel of land that (i) does not abut any waters and (ii) is acquired by lot and block may be surveyed by a Registered Professional Land Surveyor. Any survey conducted by a Registered Professional Land Surveyor under this section must be accompanied by certified copies of each subdivision block in which the acquisitions will be located. Subrecipient shall record any and all surveys required under this subsection in the records of the County Surveyor (or the records of the County Clerk if there is no County Surveyor) of the county in which the land is located; and (c) (2) any other parcel of land must be surveyed by a Licensed State Land Surveyor. (b) In the event that a coastal boundary survey is required for the Project, Subrecipient must conduct the coastal boundary survey for the Project site in accordance with Section 33.136 of the Texas Natural Resources Code. For surveys of tracts on or adjacent to Gulfbeaches, maps, surveys, and/or profiles shall not delineate or map vegetation, the line of vegetation, or the landward boundary of the public beach. Such maps, surveys, and/or profiles shall also not include any mention of the location of the line of vegetation or the boundary of the public beach. For any work funded in whole or part by CMP funds, vegetation, the line of vegetation, and/or the landward boundary of the public beach can only be mapped, delineated, or described with specific written authorization from the GLO. The coastal boundary survey must contain the following statement: THIS SURVEY DOES NOT, NOR IS IT INTENDED TO BE USED TO, IDENTIFY, DELINEATE, OR FIX THE LINE OF VEGETATION OR THE LANDWARD BOUNDARY OF THE PUBLIC BEACH. In addition, Subrecipient shall encumber the land with a conservation easement or a deed restriction, in a form acceptable to the GLO, that will protect the land and its natural resources and preserve the public use and benefit of the land. If Subrecipient chooses to encumber the land with a deed restriction, it must read as follows: ij " THIS PROPERTY MUST BE USED IN PERPETUITY FOR THE PURPOSES FOR WHICH IT WAS ACQUIRED UNDER THE COASTAL MANAGEMENT PROGRAM. IF THE PROPERTY IS EVER SOLD OR USED FOR . CMP Subgrant Suppl~mental Terms and Conditions Attachment B Page 9 of 13 PURPOSES CONTRARY TO THOSE .FOR WHICH IT WAS ACQUIRED, THE FEDERAL AWARDING AGENCY MUST BE COMPENSATED IN ACCORDANCE WITH THE UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS (15 C.F.R. PART 24). (d) All appraisals performed in connection with the acquisition of land under this section shall be completed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the provisions of the CMP attached Work Plan concerning .land acquisitions. THE SURVEY, APPRAISAL, CONSERVATION EASEMENT (IF ANY), AND DEED MUST BE APPROVED BY THE GLO. THE GLO,WILL NOT "HOLD" AN EASEMENT OR ACCEPT A THIRD-PARTY RIGHT OF ENFORCEMENT. 4.2 IMPROVEMENTS (a) Prior to any construction undertaken under this Contract, Subrecipient" shall deliver to the GLO one (1) copy of the final construction contract documents, including the Project manual containing the technical specifications, and the drawings (collectively the "Contract Documents"). Any construction that will be undertaken with funding from this Contract shall be completed in compliance with the final Contract Documents approved by the GLO, and all applicable codes and standards. Upon completion of construction, Subrecipient shall submit a set of record ("as- built") drawings to document the fmal construction, as well as photographs of the completed construction, in the final report. Subrecipient may not remove any improvements constructed with funds provided under this Contract, unless the federal awarding agency is compensated in accordance with the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local . Governments (15 C.F.R. Part 24). (b) If funds under the Contract are used to improve real property, Subrecipient must file a memorandum of agreement in the county records where the property is located notifying third parties as follows: THIS PROPERTY MUST BE USED IN PERPETUITY FOR THE PURPOSES FOR WHICH IT WAS ACQUIRED UNDER THE COASTAL IMPACT ASSISTANCE PROGRAM. IF THE PROPERTY IS EVER SOLD OR USED FOR PURPOSES CONTRARY TO THOSE FOR WHICH IT WAS ACQUIRED, THE U.S. DEPARTMENT OF THE INTERIOR, MINERALS MANAGEMENT SERVICE, MUST BE COMPENSATED IN ACCORDANCE WITH FEDERAL LAW (43 C.F .R. PART 12). (c) Prior to any construction undertaken under the Contract, Subrecipient shall deliver to the GLO one (1) copy of Plans to be used for the Project. Any CMP Subgrant Supplemental Terms and Conditions Attachment B Page 10 of 13 construction to be undertaken with funding from the Contract shall be completed in compliance with final Plans approved by the GLO: (d) UPON COMPLETION OF CONSTRUCTION, SUBRECIPIENT SHALL SUBMIT A FINAL "AS BUILT" DESIGN, IF REQUIRED BY THE LOCAL BUILDING CODE OR LOCAL BUILDING OFFICIAL, AS WELL AS PHOTOGRAPHS OF THE CONSTRUCTION IN THE FINAL REpORT. ( e) Subrecipient may not remove any improvements constructed with funds provided under the Contract, unless the United States Government is compensated in accordance with the Administrative and Audit Regulations. 4.3 SURVEYS REQUIRED (a) Inland Survey. In the event that land is to be acquired with funds under the Contract, any parcel of land that (1) does not abut any waters and (2) is acquired by lot and block may be surveyed by a "registered professional land surveyor" or "RPLS" as that term is defined in Chapter 1071 of the Texas Occupations Code. Any survey conducted by an RPLS under this section must be accompanied by :'certified copies of each subdivision block in which the acquisitions will be located. Subrecipient shall record any and all surveys required under this subsection in the records of the County Surveyor (or the records of the County Clerk if there is no County Surveyor) of the county in which the land is located. (b) Survey of Land Abutting Water. Any parcel of land to be acquired with funds under the Contract other than land described in Section 4.4(a), above, must be surveyed by a "licensed state land surveyor" or "LSLS" as that term is defined in Chapter 1071 of the Texas Occupations Code. (c) Coastal Boundary Survey. In the event that a coastal boundary survey is required for the Project, Subrecipient must conduct the coastal boundary survey for the Project site in accordance with Section 33.136 of the Texas Natural Resources Code., For surveys of tracts on or adjacent to Gulf beaches, maps, surveys," and/or profiles shall not delineate or map vegetation, the line of vegetation, or the landward boundary of the public beach. Such maps, surveys, and/or profiles shall also not include any mention of the location of the line of vegetation or the boundary of the public beach. F or any work funded in whole or part by funds under the Contract, vegetation, the line of vegetation, and/or the landward boundary of the public beach can only be mapped, delineated, or described with specific written authorization from the OLO. The coastal boundary survey must contain the following statement: "THIS SURVEY DOES NOT, NOR IS IT INTENDED TO BE USED TO, IDENTIFY, DELINEATE, OR FIX THE LINE OF VEGETATION OR THE LANDWARD BOUNDARY OF THE PUBLIC BEACH." CMP Subgrant Supplemental Terms and Conditions Attachment B Page 11 of13 4.5 (d) REQUIRED DEED LANGUAGE AND RESTRICTIONS. If funds under the Contract are used to acquire real property, the acquisition deed must. contain the following language: THIS PROPERTY MUST BE USED IN PERPETUITY FOR THE PURPOSES FOR WHICH IT WAS ACQUIRED UNDER THE COASTAL MANAGEMENT PROGRAM. IF THE PROPERTY'. IS EVER SOLD OR USED FOR PURPOSES CONTRARY TO THOSE FOR WHICH IT WAS ACQUIRED, THE FEDERAL AWARDING AGENCY MUST BE COMPENSATED IN ACCORDANCE WITH THE UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS (15 C.F.:R PART 24). .; . If grant funds under the COIltract are used to improve public or private real property, Subrecipient must file in the real property records of the county where the property is located, a memorandum of restriction, conservation servitudes or easements affecting the real property, ina form acceptable to the GLO, that will protect the land and its natural resources and preserve the public use and benefit of the land. 4.4 ApPRAISALS All appraisals performed in connection with the acquisition of land and/or easement under this section shall be completed in accordance with the Uniform Appraisal.. .Standards for Federal Land Acquisitions. These standards can be found at: www.usdoioe:ov/enrd/land-acklvb2001.pdf. GLO ApPROVAL OF REAL ESTATE DOCUMENTS I The survey, appraisal, and the memorandum of restrictions, conservation servitudes, easement, or deed must be approved by the GLO. A recorded copy of the memorandupl. of restrictions, conservation servitudes, easement, or deed must be submitted to the Grant Administer. The GLO will not "hold" an easement or accept a third-party right of enforcement.' II REMAINDER OF PAGE INTENTIONALLY LEFT BLANK , I " ~ I CMP Subgrant Supplemental Terms and Conditions . the GLO with~ertinent d~tails of any participation by a HUB in fulfilling Subrecipient's performance under the Contract. CMP Subgrant Supplemental Terms and Conditions Attachment B Page 12 of13 ARTICLE 5 - MISCELLANEOUS TERMS AND CONDITIONS 5.1 FEDERAL REGULATORY REQUIREMENTS .Subrecipient . carries the responsibility to be aware of arid comply with the federal regulatory requirements for federal financial assistance awards included in the Code of Federal Regulations. 5.2 COMPLIANCE WITH TEXAS COASTAL MANAGEMENT PROGRAM (CMP) If the Project is located within a coaStal management zone established by Chapter 33 of the Texas Natural Resources Code, Subrecipient shall complete the requirements of the Contract in compliance with the CMP Rules, and shall ensure that the performance of all subcontractors is in compliance. therewith. 5.3 FEDERAL AsSURANCES Subrecipient shall execute the Assurances-ConstructionINon-Construction Programs Form, attached to the. Contract atPae:e 1 . of Attachment C, and. submit ~t with the signed Contract, assuring that it will comply with all federal statutes listed thereon and, when applicable, shall obtain and return completed assurance of compliance forms from its subcontractors.. 5.4 LOBBYING CERTIFICATION (a) Subrecipient, shall, by executing Standard Form CD-SI2, included at Pae:e 3 of Attachment C, certify hat no federal funds have been or will be paid to any person for influencing or attempting to influence any party named therein. Prior to engaging any contractor or subcontractor, Subrecipient shall verify the contractor's or subcontractor's eligibility for receiving state or federal funds, using: the Federal General Services Administration's Excluded Parties List System located at: www.epls.e:ov 5.5 LOBBYING DISCLOSURE If at any time any non-federal funds have been paid for such purposes, Subrecipient shall complete and submit the Disclosure of. Lobbying ACtivities Form (Standard Form-LLL), included at Page 4 of Attachment C. . 5.6 HISTORICALLY UNDERUTILIZED BUSINESSES (a) In accordance with State law, it is the GLO's policy to assist HUBs whenever possible, to participate in providing goods and services to the GLO. The GLO encourages Subrecipient to adhere to this same philosophy in selecting subcontractors to assist in fulfilling Subrecipient's performance under the Contract. In addition to other information required by the Contract, Subrecipient will provide the Purchasing Department of the GLOwith pertinent details of any participation bya HUB in fulfilling Subrecipient's performance under the Contract. CMP Subgrant Supplemental Terms and Conditions (b) (c) i) II J~ ij Attachment B Page 13 of13 The GLO encourages Subrecipients to partner with certified HUBs that participate in the Comptroller's Mentor Protege Program. For more' information on the program, and how it can assist your firm in meeting good faith effort goals please visit: www.window.state.tx.us/Drocurement/Drol!lhub/mentorDrotelZe. Subrecipient shall submit annually the HUB expense report included in Attachment E. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK " CMP SubgrantSupplemental Terms and Conditions Attachment C Page 1 of 5 OMS Approval No. 0348-0040 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. Act of 1973, as amended (29 U.S.C. 9794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 996101-6107), 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 nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 99523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 99290 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. 993601 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, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 2. Will give the awarding agency, the Comptroller General of the United States and, jf appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 994728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900. Subpart F). 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or 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 participation in purchases. 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (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) Tille IX of the Education Amendments of 1972, as amended (20 U.S.C. ~91681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation 8. Will comply, as applicable, with prOVISions of the Hatch Act (5 U.S.C. ~91501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Authorized for Local Reproduction Standard Form 424B (Rev. 1-91) Prescribed by OMB Circular A.102 SIGNATURE PAGE FOR GLO CONTRACT No. 11-023-000-4321 GENERAL LAND OFFICE CALHOUN COUNTY Calhoun coun~ By:-tn~~.. ~ ~L-- " r Title: County Ju ge Larry L. Laine, Chief Clerk! Deputy Land Commissioner Date of execution: Date of execution: 10 -14 -10 ~.C ~ ,/ G.C =1iJ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK _I 9. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. ~~276a to 276a-7), the Copeland Act, (40 U.S.C. ~276c and 18 U.S.C. ~874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. ~~327- 333), regarding labor standards for federally-assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. 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. ~~1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans' under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. ~~7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking 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). SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Calhoun County Attachment C Page 2 of 5 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. ~~1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. 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. ~~69a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. 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, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. ~~4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations. " 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. TITLE Calhoun County Judge DATE SUBMITTED October 14, 2010 THIS FORM MUST BE EXECUTED Standard Form 424B (Rev. 7-97) Back FORM COOS12 (REII12-04) Attachment C Page 3 of 5 U.S. DEPARTMENT OF COMMERCE CERTIFICATION REGARDING LOBBYING LOWER TIER COVERED TRANSACTIONS Applicants should review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 28, "New Restrictions on Lobbying." LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 15 CFR Part 28. for persons entering into a grant, cooperative agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections 28.105 and 28.110, the applicant certifies that 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 employee of any agency, 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 will be paid to any person for influencing or attempting to influence an officer or 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 this Federal contract, gran~ loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-ill, "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 file 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 occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: In any 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. an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required state- ment shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23,1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. 'As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT Calhoun County iPRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Michael J. Pfeifer, Calhoun County Judge AWARD NUMBER AND/OR PROJECT NAME 11-023-000-4321 DATE October 14, 2010 FORM CD~12 (REV 12-04) Attachment C Page 3 of 5 U.S. DEPARTMENT OF COMMERCE CERTIFICATION RE~,ARDING LOBBYING LOWER TIER COVERED TRANSACTIONS i1 Applicants should review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 28, "New Restrictions on Lobbying." LOBBYING As required by Section 1352, Tille 31 of the U.S. Code, and implemented at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections 28.105 and 28.110, the applicant certifies that 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 employee of any agency, 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 agreem,ent, and the extension, continuation, renewal, amendment: or modification of any Federal contract, grant, loan, or cooperative agreemenl ! (2) If any funds other than Federal 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, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn-LU, "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 file 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 occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: In any 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, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required state- ment shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT Calhoun County PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Michael J. Pfeifer, Calhoun County Judge SIGNATURE AWARD NUMBER AND/OR PROJECT NAME 11-023-000-4321 DATE October 14, 2010 Attachment C Page 4 of 5 1. Type of Federal Action: D a. contract b. grant c. cooperative agreement d.loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: o Prime 0 Subawardee Tier , if known: DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 See reverse for ublic burden disclosure. 2. Status of Federal Action: 3. Report Type: Da. bid/offer/application D a. initial filing -...--- b. initial award .-...... b. material change c. post-award For Material Change Only: year quarter date of last report Approved by OMB 0348-0046 5. If Reporting Entity in No.4 is a Subawardee, Enter Name and Address of Prime: Con ressional District, if known: 4c 6. Federal Department/Agency: Con ressional District, if known: 7. Federal Program NamelDescription: CFDA Number, if applicable: 8. Federal Action Number, if known: 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, M/): 9. Award Amount, if known: $ b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, M/): 11 Information requesled through this ronn is authorized by UUe 31 U.S.C. section . 1352. This disclosure of lobbying activiUes is a malerial represenlaUon of rael upon which reliance was placed by the lier above when this transaction was made or anlered inlo. This disclosure is required pu~uanl to 31 U.S.C. 1352. This infonnaUon will be ava"able lor public inspection. Any person who falls to file the ,.required disclosure shall be subjeello a civil penalty of nolle.. than $10.000 and not more than $100,000 for each such (allure. Signature: Print Name: Title: Date: Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) Attachment C Page 5 of 5 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardeeor prime Federal recipienl, al the initiation or receipt of a covered Federal action, or a malerialchange 10 a previous filing, pursuanlto Ii lie 31 U.S.C. section 1352. The filing of a fonm is required for each payment or agreemenlto make payment to any lobbying entity for influencing or allempling to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employeeof a Memberof Congress in connection with a covered Federalaction. Compleleall ilems lhat apply for bolh the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the lype of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submilled report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting enlily. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipienl.ldentify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier. Subawards include but are not limited 10 subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of lhe prime Federal recipient Include Congressional DislriCt, if known. 6. Enterlhe name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For example, Departmenl of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (ilem 1). If known, enter the full Catalog of Federal Domeslic Assistance (CFDA) number for grants, cooperative agreements, Joans, and loan commitments. 8. Enter lhe most appropriate Federal identifying number available for the Federal action idenlified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." g. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 1 O. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, Firsl Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her nam'e, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estirpated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. Attachment D Page 1 of 2 GENERAL AFFIRMATIONS Provider agrees with~ut exception to the following affirmations: 1. 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 GLD 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 http://www.epls.gov. Provider acknowledges 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: 7. Provider agrees to comply with Texas Govenunent Code, Title 10, Subtitle D, Section 2155.4441, relating to the purchase of products produced in the State of Texas under service contracts. Provider understands that acceptance of funds under this Contract acts as acceptance of the authority of the 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. Provider certifies that if it employs any former employee of the GLO, 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 GLO. 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. Provider understands that the GLO 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 OLD to the GLO's Internal Audit Director at 512.463.5338 or tracey .hall@glo.state.tx.us 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. Attachment D Page 2 of 2 8. 9. 10. I 11. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment E Page 1 of 9 PROGRESS REPORT (Project Name) (GlO Contract No.) (Reporting Period) Task 1: (Name of task as identified in Attachment A 0" your contract) . Status of the task during this reporting period: Din progress Dcompleted · Briefly describe major accomplishments for this reporting period. · List the deliverable(s)/milestone(s) completed during this reporting period. (Submit a copy of your completed deliverable (s) /milestone(s) with this report.J . Were there any problems or obstacles encountered during this reporting period (e.g., delays, remedial action taken, schedule revision). DYes uNo If yes, please explain: . Briefly describe plans for the next reporting period. (Repeat for each task, if necessary. If work on a particular task has not begun or has been completed, do not . include in progress report.) Page 1 of2 Attaclunent E Page 2 of 9 , Please provide a current budget breakdown. (Double Click on budget tables to activate Excel.) Current Billed to Date Obligated* CMP Remaining Federal! CMP Budget CMP Budget Budaet Personnel $ - $ - $ - $ - Fringe $ - $ - $ - $ - Travel $ - $ - $ - $ - Supplies $ - $ - $ - $ - Equipment $ - $ - $ - $ - Contractual $ - $ - $ - $ - Other $ - $ - $ - $ - Subtotal $ - $ - $ II - $ - Indirect Costs $ - $ - $ - $ - Totals $ - $ - $ - $ - Current Local Billed to Date Obligatedt Remaining Budget Local Budget Local Budget Personnel $ - $ - $ - $ - Fringe $ - $ - $ - $ - Travel $ - $ - $ - $ - Supplies $ - $ - $ - $ - Equipment $ - $ - $ - $ - Contractual $ - $ - $ - $ - ; Other $ - $ - $ - $ - Subtotal $ - $ - $ - $ - Indirect Costs $ - $ - $ - $ - Totals $ - $ - $ - $ - Current 3rd Billed to Date, Obligated* 3rd Remaining 3rd Party Budget Party Budget Party Budget Personnel $ - $ - $ , - $ - Fri nge $ - $ - $ - $ - Travel $ - $ - $ - $ - Supplies $ - $ - $ - $ - Equipment $ - $ - $ - $ - Contractual $ - . $ - $ - $ - Other $ - $ - $ - $ - Subtotal $ - $ - $ - $ - Indirect Costs $ - $ - $ - $ - *Obligated includes. funds that have been incurred by the recipient but have not been paid by the recipient, such as executed contract agreements or acquired supplies/materials/equipment. Page 2 of2 Attachment E Page 3 of 9 INVOICE FOR CMP FEDERAL EXPENDITURES * Invoice Date: Invoice No.: GLO Contract No.: Project Title: Federal ID No.: Billing Period: Subrecipient: Phone: Email Address: Submitted by: Signature: Printed Name: / / Date *Universities may submit their standard invoice in lieu of this documentation. Amount CMP Amount Expenditures this Previously Amount Budget Category Budgeted Ii . Invoiced Remaining InvOIce Personnel $0.00 $0.00 $0.00 $0.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $0.00 $0.00 $0.00 $0.00 Attach receipts/cancelled checks for all expenditures. For GLO Use Only: Date Final Documentation Received: GLO Contract #: Requisition # : Requisition # : Billing Period: Invoice Arnt : $ Invoice Amt : $ Approved by Contract Specialist: Approved by Project Manager: Invoice approved for reimbursement: Grant Manager: Date: Date: Date: Attachment E Page 4 of 9 MONTHLY GRANT PROJECT EQUIPMENT SHEET FOR DAilY/HOURLY RATES Project Name: Employee Name: Month and Year: Equipment Used: PLEASE PROVIDE # OF HOURS OF DAIL Y EQUIPMENT USE rovlde co of established roles used Da Da Da Da 1 2 3 4 hrs hrs hrs hrs hrs hrs 8 9 10 11 12 13 14 hrs hrs hrs hrs hrs hrs hrs 15 16 17 18 19 20 21 hrs hrs hrs hrs hrs hrs hrs 22 23 24 25 26 27 28 hrs hrs hrs hrs hrs hrs hrs 29 30 hrs hrs hrs CALCULATION OF DAYS/HOURS: o X TOTAL # DAYS/HOURS o DAIL Y/HOURL Y RATE I certify thallhis information IS correct Prinled Name of Project Manager: Project Manager Signature Date CALCULATION FOR SALARY/HOURLY: o X TOTAL # HOURS o X TOTAL SALARY/HOURL Y WAGE FOR MONTH I certify thai this mformallon is correct Employee Signature: Project Manager Signature Attachment E Page 5 of 9 hrs 13 14 hrs hrs 20 21 hrs hrs 27 28 hrs hrs o HOURL Y RATE o FRINGE BENEFIT RATE/ HOURLY FRINGE BENEFIT RATE (Nolto exceed 35%) Dale' Dale I ! Ii I' ! I Attachment E Page 6 of 9 BUDGET AMENDMENT REQUEST Subrecipienl Department Address City, Stale Zip Contact Name Phone Fax GLO Contract # FederallD# Req uesled Revised Currenl CMP Current Local Curr.ent Requested Requested Olher Revised CMP Revised Local Other Budget Category Budget Budget Other Budget CMP Changes Local Changes Changes Budl(et Budl(el Budl(el Personnel SO.OO SO.OO SO.OO 'iSO.OO SO.OO 510.00 510.00 SO.OO SO.OO Fringe SO.OO SO.OO SO.OO .$0.00 $0.00 SO.OO SO.OO SO.OO SO.OO Trnvel SO.OO SO.OO SO.OO SO.OO SO.OO 510.00 SO.OO SO.OO SO.OO Supplies SO.OO SO.OO SO.OO SO.OO SO.OO SO.OO 510.00 SO.OO SO.OO Equipmenl SO.OO SO.OO SO.OO I SO.OO SO.OO SO.OO SO.OO SO.OO SO.OO Contractual SO.OO SO.OO SO.OO SO.OO SO.OO 510.00 SO.OO SO.OO SO.OO Other SO.OO SO.OO SO.OO SO.OO $0.00 SO.OO 510.00 SO.OO SO.OO Subtotnl SO.OO SO.OO SO.OO 1'$0.00 SO.OO SO.OO SO.OO SO.OO SO.OO Indirect Cosls SO.OO SO.OO SO.OO SO.OO SO.OO SO.OO SO.OO 50.00 SO.OO Tolals SO.OO SO.OO SO.OO SO.OO SO.OO SO.OO SO.OO SO.OO SO.OO Ple'lse juslify )'our reqllest below (include addilional sheels, as necessary). Signature of Authorizing Official Date For GLO U.<e Ollly: Your informal blldgetalllendment is approved. Please retain a copy of this form with )'ollr project file. Informal Blldget Amendment Allproved by: Date: Contract Specialist NOle: This copy of this form will heeome pari of YOllr permanenl GLO legallile. Attachment E Page 7 of 9 Audit Reporting Form Subrecipients receiving (granted/awarded) federal funds, through the General Land Office (GLO), are subject to the requirements of the Single Audit Act of 1996, Office of Management and Budget (()MB) Circular No. A-133, (http://www.omb.gov/grants). Subrecipients expending (spending/reimbursed) federal funds totaling $500,000 or more in a fiscal year are required to conduct an audit in accordance with the Single Audit Act. Please complete this questionnaire and send by facsimile to 512;475-0680 alln: Coastal Management Program or mail to: " General Land Office Attn: Coastal Management Program Coastal Resources Division P.O. Box 12873 Austin, Texas 7871 1-2873 Section 1: Entitv Information Name of Entity (Subrecipient) What is your entity's fiscal year? Project Title and GLO Contract Number (additional grants may be listed on a separate page) through I, i I ! i : I .1 I Month / Vear Month / Vear Section 2: Sinl!le Audit ReQuirement For your most recently completed fiscal year, account for al! fedc::ral funds (awards/grants) expended (spent/reimbursed) regardless of the source. (Provide your most recently completed fiscal year below) For Fiscal Year 20_: What was the total amount of federal funds (awards/grants) ~xpended (spent/reimbursed)? $ o If less than $500,000 in total federal funds (awards/grarits) were expended: Your entity is exempt from further audit requirements for the reporting period. Complete Sections 4 and 5 (Federal Awards Information and Signature Sections). o 1f$500,000 or more in total federal funds (awards/grants) were expended: Complete all remaining sections. Section 3: Audit Information . Date of your Entity's last completed audit: . Period Covered by Audit: (Date) through Month/Vear MonthlYear . Audit Findings: 0 No Findings (it is not necessary to submit a copy of your audit report package) o Findings (provide a copy of your audit reporting package if findings were related to funds issued through the GLO. If findings were unrelated to GLO issued funds submit the schedule of findings and questioned costs.) · Next audit scheduled for: (MonthNear) . Period to be covered by next scheduled audit: through MonthlVear MonthlVear Section 4: Federal Awards Information I For the fiscal year provided, account for all federal funds (awards/grants) recei ved (granted/awarded) regardless of the source. For Fiscal Year 20_: (fiscal year must match fiscal year provided in section 2) What was the total amount of federal funds (awards/grants) received(granted/awarded)? $ (For the fiscal year listed, use'the following table to list the federal funds (awards/grants) your entity received) Name of federal award(s) granted Period of Award Amount CFDA Number (month/vr - month/vr) ._- Section 5: Sil!nature Section Dale. Preparer's Contact Information: Emai/: Signature of Preparer Printed Name of Preparer and Title Phone:! Ii ext. Attachment E Page 8 of 9 Instruction Sheet for the Audit Reporting Form The purpose of the Audit Reporting (AR) Form is to assist the General land Office (GLO) in its obligations to adhere to federal guidelines for pass through entities issuing federal funds. The AR Form is equally beneficial in assisting entities receiving federal funds, through the GlO, to meet their audit reporting requirement. Federal guidelines for pass through agencies issuing federal awards and the subrecipients ofth9se funds are set forth in the Single Audit Act of J 996, Office of Management and Budget (OMB) Circular No. A-133. The OMB's website, http://www.omb.gov/grants, contains information regarding the Single Audit Act and its requirements. Review the following instructions for assistance in completing the Audit Reporting Form. Section 1: Entity Information. Name of Entity - The "Name of Entity" should match the name on the grant contract. Proiect Title and GLO Contract Number - Provide the "Project Title and GLO Contract Number" for your entity's grant. The project title must match the title of the project found in "Attachment A" of the grant contract. A separate sheet listing additional project titles and contract numbers may be attached if necessary. Entitv's Fiscal Year - Provide the period covered by your entity's fiscal year. (i.e. Jan. '06 through Dec. '06) Section 2: Single Audit Requirement. Following the text "For Fiscal Year 20_", insert your entity's fiscal year end for the reporting period (the most recently complete fiscal year). For the fiscal year listed, provide the total amount of federal funds (awards/grants) expended (spent/reimbursed). Account for all federal funds expended, regardless of the source. Choose one of the following options: I. Mark the first box, if your entity has expended less tlian $500,000 in total federal funds. Your entity is exempt from further audit requirements for the rep0l1ing period, but must complete Sections 4 and 5. 2. Mark the second box, if your entity has expended $500,000 or more in total federal funds. Your entity is not exempt from further audit requirements and must complete all remaining sections of the form. Section 3: Audit Information. Date of Last Comoleted Audit - Indicate the date of your entity's last completed audit. Period Covered bv Audit - Provide the period covered by your entity's last completed audit. This period should correspond to the audit indicated on the previous line. Audit Findings - Choose one of the following options: I. Mark the box before "No findings" if your entity's l~t completed audit disclosed no findings. If there ~ findings, it is not necessary to provide a copy of your 'aud it reporting package. 2. Mark the box before "Findings" if your entity's last completed audit disclosed findings. If there were findings, submit a copy of the audit reporting package, if the findings were related to GlO issued funds. If the findings were unrelated to GlO issued funds submit a copy of the schedule of findings and questioned costs. Next Audit Scheduled for - Provide the month and year of your entity's next scheduled audit. Period Covered bv Next Audit - Indicate the period to be covered by your entity's next scheduled audit. Section 4: Federal Awards Information. Following the text "For Fiscal Year 20_", insert your entity's fiscal year end for the current reporting period (should match the fiscal year provided in Section 2). For the fiscal year listed, provide the total amount of federal funds (awards/grants) your entity has received (granted/awarded). Account for all federal funds received, regardless of the source. It is possible for the amount of federal funds rec~ived/awarded to not agree to the amount expended/spent. Federal Grants Table - For the fiscal year listed, use the table to provide: 1) the grants/awards that comprise the total amount of federal funds your entity received; 2) the period of awards (i.e. May '06 - May '08): 3) amount of awards; and, 4) the Catalog of Federal Domestic Assistance (CFDA) numbers for each award. If the CFDA number is unknown, you may contact the issuing agency. If additional space is needed, attach a separate sheet listing the abovementioned federal grant information. Section 5: Signature Section. SignatureofP..reparer - The person who prepared the AR form must sign and date the form. Printed Name of PrepareI' - Print the name and title of the person who prepared the AR Form. Preparer's Contact Information - Provide an email address and phone number for the preparer. Form Return Information - Use the return information near the top of the Audit Reporting Form. For additional assistance contact Melissa Porter. CM? Team leader, at 5J 2-475-1393 or by email at melissa.porter<g;,glo.state.tx.us. I,' Attacmnent E Page 9 of 9 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) EXPENSE REPORT (Project Name) (Subrecipient Name) (GLO Contract No.) (Reporting Period) In accordance with state law, it is the General Land Office's (GLO) policy to assist Historically Underutilized Businesses (HUBs), whether 'minority or women-owned, whenever possible in providing goods and services to the GLO. The GLO encourages you to adhere to this same policy when selecting subcontractors to assist your organization in fulfilling its contractual obligations with the GLO. In that regard, please provide us with the estimated amount of project funds your organization paid to HUB vendors during the FY 20_ (the state's fiscal year is September I to August 31). PROJECT AMOUNT PAID: VENDOR NAME: TYPE OF HUB VENDOR: American Women (WO) Hispanic Americans (HI) Black Americans (BL) Asian Pacific Americans (AS) Native Americans (NA) Other I am not sure if the following vendor is a HUB: Vendor's name I' I Amount paid: $ or _ No project funds were paid to a HUB vendor during the stated time period. ! ! I, j I Please fax this page to Ms. Monica Simien, Contract Specialist, fax number: (512) 475-0680. II If you have questions, please contact Ms. Simien at (512) 463-5187, or via electronic mail at: monic a.simi en@glo.state.tx.us. Rel'isef:! /2/4/2IJIJ8 , ~---"'''QFr m7-1 -'i''''~''''''fIllItli!':1fj n .... ~~''l --I ~i~~'1"'. . "-~--" :'rniill'Ol ~ .--'-' ., " n'.'j"'"'I "" ~'V~~'* [:?"""""""'''''f'' Attachment F Page 1 of 13 Texas Coastal Management Program Grant Closeout Form For more information, please contact Melissa Porter at Phone: 1(800) 998-4GLO or (512) 475-1393 Fax: (512) 475-0680 Email: Melissa.Porter@glo.state.tx.us CMP website: http://www.glo.state.tx.us/coastalfgrants/subrecipient.html This form is intended to aid the Texas Coastal Management Program in its ability to quantify management outcomes and report the success of the Texas Coastal Management Grant Program to its federal partner, the National Oceanic and Atmospheric Administratio~. Office of Ocean and Coastal Resource Management. SECTION 1: GRANTEE INFORMATION Project Name: GLO Contract Number: NOAA Award Number: Contract Period: to Organization Name: Organization Type:Select Organization Type Project Managerl Principal Investigator: Address: Phone: Email: County(ies):Select County(ies) where project is located ;. '1'~........~~~~~~~"",.~~~>.ol~- -,~~~~~ '\~ Attachment F Page 2 of 13 SECTION 2: FINANCIAL MEASURES , ~~~ .... ... Please quantify the total amount of received. matched: and leveraged dollars applied toward your project ~', > ' '. . ' (... " .,J; during the grant contract period. " '.... ",' '. ," " ~_..,... ... __ ,", ' , "r - . , ". . t 'I .~ ft. r ' DEFINITIONS . "",_.:!,', .. ., .," ", Ill' '1-" . RECEIVED dollars are funds awarded by CMP minus any dollars returned toCMP. '; '. ......, ,. .' . l' ,,:',"." ""p~~ '".' :"~ '. _ ',','" IK ." . . . MATCHED dollars are funds used to match received dottars. ' It .' ' LEVERAGED dollars are ful1dsin addition to receiv~~ and matdhed dollars ,that are spent om ,a eMP 'funded", pfoject For example. a 9'rantee may partner wi~h se~eral entities to acquire land; funds inadditiolll to eMP ~. ot matctltng dollars spent to acquir~ the lapd would be considered leveraged dollars. , ~riother, example is a prOjed, Wl:1ere'~. ~rantee partiiJ~ Wit~, ~ citY's planning department to develop a " gr,eenway plan for a coastal\ coimnunity ,. The' citY pla~ning department provides the required CMP match. DurhlQl the project., the citY's, recreation department cOntributes staff time to conduct visioning and iPlIblic outreach; fortbe gr::eenway pIOject. The cost to the recreation department to conduct the visioning and outteach. activities call, be, ccMmidered' lev8t;ag$d1pr;oject doBars_ "'.. ,": f, .' ,- Ini"kihd fljfld~ an~1 servrc~ thaf; qualify" wnder OfficeJ~ ManSg~ment and '~~~get Ci;~ula~ A 11~'(See sect. 23 ' "Cost sharing or matching" http://www.whitehouse.gQv/omb/circular/a110/a110.html#~3) can be included as leveraged dollars. Sour~s o~.Ieveraged dolla~$.can:lbefecl~ral,~tate. or local govemmenlagencies or other organ~ations such as non-profits or foun(jation,s. ' I.' ," -,' ,. ." .~< . 1'~ ""\1 <' ~ I>- ~ :..,;r Y, _ Project Category Please choose the project category that most appropriately describes your project, even if multiple categories -are addressed. D GOVERNMENT COORDINATION: Grant activities that improve government coordination and efficiency in coastal management while supporting active stakeholder and publiC participation. , D PUBLIC ACCESS: Grant activities that create publiC access sites by acquisition or easement and/or enhance public access for recreational purposes in the coastal zone. D COASTAL HABITAT: Grant activities that protect coastal habitat by acquisition or easement and/or restore previously degraded or altered coastal habitat in the coastal zone. D COASTAL WATER QUALITY: Grant activities that protect, restore. enhance, and/or monitor water quality in the coastal zone. ' D COASTAL HAZARDS: Grant activities that reduce damage from future hazards and/or increase public awareness of hazards in the coastal zone. COASTAL DEPENDENT USES AND COMMUNITY DEVELOPMENT: Grant activities that help coastal D communities develop and/or implement sustainable development ordinances. policies, or plans and/or update port or waterfront ordinances, policies, or plans. 1. Amount of CMP dollars received 2. Amount of nonfederal matched dollars applied 3. Amount of leveraged dollars applied Texas GLO coastal Management Program - Grant aoseout Form, Page 2 ~ ~.." '. .'. .~ .._.~~~' Attachment F Page 3 of 13 I SECTION 2: FINANCIAL MEASURES . ~ ...-......n,.. ~ "'~~'\~"~."' Please:quantifyl.!~~otal,~~p~~f,,-ecei~~~a,nd .'!l~9,~h~d ~21~hnical rassistanCEfto'local gO,,"!=lmmentS:-dunng~~~g!'8nt con~~p~oct " ,-;~, " . ''/' 4. Amount of CMP dollars spent on technical assistance to local governments with assistance from CMP funds. 5. Amount of matched dollars spent on technical assistance to local governments with assistance from CMP funds. , I Texas GLO Coastal Management Program.. Grant aoseout Form Page 3 I ~ : 2. 6. -;~! ~......~- f".'l Attachment F Page 4 of 13 ~ ''"''''''~ '"'"'-"T."'.... 'p"-' SECTION 3: EDUCATIONAL ACTIVITY MEASURES Please quantify'the total number of educational activities'offered'by your projectandthe total number of participants for each activity during the g~llt contracfperio~, by Category, ( ,.~;' ; ,.', .<~,.:;~ -, " OEFiNITfoNS, ,- , ':" - ,f>' , . ..... ..._::... ." ~'. .,.s....~,_ .. ,,~:,... EOUCA TlONAL ACTIVITIES inclu~e presentati(Jns;i:seminars;stewardshlp or field events where the public p~rticipates in activities such as the removal of i1wasive species; and other activities that provide non- technical information about environmental or soci~onomic conditions, coastal management issues and policies, coastal resources, and the role of planning,~~' "', . .; ,- . \ . . .(:~_' .~,.~.r.~.t.. - .. .J ," 1 .~ '." ."......L. :~_. ,l~..... .. _,<,._,'~ . ~,' '..,' ~ARtICIPANTS'are the people that participatedin~~e' ieportediducationaiac~vity. You shoUld dOCUment J, the number of participants for each educational actiVity reported at the time the activity is conducted. If a sign-in sheet or registration is not possible, theproQram should' ~nsure that the person conducting the activity records a count of particlpantsafthe time pf the actiVitY. . - -. , . - . , . :.,. -'.... '.<4:' ~~..' , ,', .. _ I,.., ,J ',' PLEASE NOTE: Tne f~liowing educational activities1/shol:Jld NOT be'included: publications (l.e: br~churesl' gui~es, etc.), internet materials or web sites; m~Ss media cainpaignsr interpretive kiosks or signage, un- staffed conference booths or displays, or other effotts that' provide education: through indirect methods. Staffed conference booths or displays that. provide e(!ucatronal! opportunities and can be paired with the nurn'ber of visitors or recipients' oil the educationprd~ided can: belTepolited:~' " " ,--': ,..~, .:.. Edu~~tio~~i ~ctiv-iti~s should, be ca~~~orized. biUsl,~nthe' dO~inant topic area 'a~dr~s~e~~ Only report each educational activity once, even'if-multiple topics are covered by that activity. . ~ ... c .... ~ ,'''' . - '" '"' . .. ~ ":J;t:'",- . . ,- ~. , ....- ' . See SeCtion 2 for categ()ry definitions. l..;' r , ~ """t :. 0 0 0 0 0 0 4... '~.. 1. Number of Government Coordination educational activities offered with assistance from CMP funds.' Number of Public Access educational activitieS offered with assistance from CMP funds. Ij" 3. Number of Coastal Habitat educational activities with assistance from CMP funds. 4. Number of Coastal Water Quality educational activities offered with assistance from CMP funds. ' Number of Coastal Hazards educational activities offered with assistance from CMP funds, ' Number of Coastal Dependent Uses and ComimuniW Development educational activities offered with assistance from CMP funds. 5. Texas GLO Coastal Management Program - Grant Closeout Forni · Page 4 i.~~"".l>\i.;:' <r~Jf _....~."',~,~ '--.-..... .. '--~h.w""'-~- Attachment F Page 5 of 13 _~ ~'P-'"l,_~.;..... . ~ _~ __-........ ,....;it.,;!.,,_h- ....'..,. SECTION 4: TRAINING OR OUTREACH EVENT MEASURES , "~"'_'. ,('""'_''''''''1':''1l Please quantify the totaJ" number of training or outreactl events offered by your project and the total number of participants for each event for the grant contraCt period, by category. :1; "..I ' " ," J ,> "DEFINri'lON,$':, , ;. ~', ' TRAINING or OUTREACH EVEN1S incr\ldeevents for publici officials, government agencies,~takeholders, non-governmental oliganizations, and industry or professional audiences that focus on more techric~C'.. subject maUer than th~e providedJthrough educational activities. Training or outreach events canfn~lude a~vitiest~~t are tailored! to a specific audience, suc~,as Wetlan~ regulators or a local agency permitting PlJog,raIJlr- ~ 1"-' , . ' j' , ..,~ ., . ,.. ~. ,- "') . . , . " ' PARTICIPANTS are the people that participated in tile reported training or outreach activity. Grantees should document the number of participants for eacH' educational activity reported at thetirne it is conducted. If.a sign-in sheet or registration is not possible, the program should ensure that the person conducting the event records a count of participants'~t the time ofthe event.'~' -. ".; PlE~SE N~tE: fh; following training orbutreach J~ents.shoUId ~OT be i~~iudect: ~~~i~ti~'ri~:~~:~. ma~nuals) or other materials that are distributed withoutariassociatedand targeted training program. Training opportunities can be provided through the i~tern~~ tc)proyide remote access to specific training topics. Internet training that does, not requireregistration6r cfsign-up process to track users should only be reported if user tr~cking is possibi$. "11 ' . ~, ., :; " ' "", '.' 'r ,: ",' , .'" 1"rai~ing activities sho~.id b~ categorized 'based In the domina~t topic are~ 'addressed.:'it an o~treach event Is primarily held to address management needs or coordination on a range of categories" the event may be best categorized under Government Coordination. Only record each event once, even if multiple topics are covered. Do not include an event that was reported under edl!ca!ional ~ctivl;~ies., "' . \, "l~ ," -', ,", .~ ' "" "," " ' se~ s~~i<?~;2 f~~ categ~ d~finItions. 1- ~ ~: . , ,'t. " 1. Number of Government Coordination training or outreach events offered with assistance from CMP funds. Number of Public Access training or outreach events offered with assistance from CMP funds. o o 2. 3. Number of Coastal Habitat training or outreach events offered with assistance from CMP funds. o 4. Number of Coastal Water Quality training or outreach events offered with assistance from CMP funds. ' Number of Coastal Hazards training or outreach events offered with assistance from CMP funds. ' Number of Coastal Dependent Uses and Comrhunit,y Development training or outi'eacheverits offered With assistance from dMP funds. o 5. o 6. Texas GLO Coastal Management Program - Grant aoseout Form Page 5 'i !" U' "''f ~~~~.-.........,~~~-:, '~~~"'---~~~.>~~~~~~~" Attachment F Page 6 of 13 SECTION 5: PUBLIC ACCESS MEASURES . _ _'4-.____,:,;.' '.~' ~~ ~ '" :-_.~ -'-\J" '. Please' quantify,the total number of public access sites created and/or enhanced by your' project (juring the grant ~ntract period. . " . -, ::., - " DEFINITIONS 1 ' " ,', "," . ".A,_ ',' ~'l....J ~ . " _' '., ilIo-. f,.', ~j, ' ~-'''''....;- f . CREA TED public access sites are properties acquired for public access through fee simple ownership or through an easement. There may be instances where a,property has been in public ownership but not open to the public. 'In this case, the property can be count~d as a new site if it has not been counted previously and it is openect to the public during the grant contratt peMod." . ' ,-"," "-.,',, '1..' ,,' ji' ',' ,:(: .. "'" '. ' ENHANCED public access sites are properties previously open to the public Where recreational facilities ha\;e been added or improved. Examples include: tria 'addition of educational signage, fish cleaning stations, parking, or bathroom facilities; trail, walkover, or boardwalk construction or renovation; boat or kayak launches; piers (if an easement wCis not required); and other Iow-cost construction to improve recreational facilities. - """, " l. .: ",...., , . - 1. Number of public access sites created through acquisition or easement with assistance from CMP funds. o 2. Number of public access sites enhanced with assistance from CMP funds. o Texas GLO COIIstal Management Prograni - Grant Coseout Fonni Page 6 = c::::::::: - :: ."'" ~:.... ",J""":-""'~--~":''''f''' ....-,,~~---;-~-~ .... ..,.,:....;.,t~ ~ ",","""",",,,, Attachment F Page 7 of 13 ~.k, #!;&..i.;!~~'\ji~*:"k~~~"" SECTION 6: COASTAL HABITAT MEASURES -"'...~. ~ ,~..~, ~ , Ci'''.." .,~, 0' """'.. .. /0 .. "'~.. -,.,Ai :~" '. Please quantifyttle total'nurnber of acres ofcoast81. hlilbitat. prote~ed' by .acquisitionoreasement or restored by"yo~rproject during the granf~ntract peri~)(U)y,'ca~egor~C > ':';;! , ,~,:;.. f ",' ~;'i";. ' , ~,-,.' f ,.,,""""~, " ;,' DEFI~ITIONS' . '-'t' ,..11.: '_ ''<>....:",_ ' _ .,!-.,;.'., ~1"'T~'-'.,><. ,.i'"' '~"",,, PROTECTED coastal habitat 'refers to properties acquired ,.for their habitat values through fee simple ': _ ~ ~f' .. ' ~;\!>'" .. ,. - , , :. ,~,- ; ;".cl'i-- ownership or through a conservation easement. ' ,,~i;.l',' ~~~:: ' .' .:.'~ ,~ <'. . ..";>;: ,r,~~' .' '. .,; . . .... RESTORED coastal habitat'refers to previously degFadedoralte.red ;h.abitattfilat 'has been rehabilitated:and 'j oft,en involves reestablishing native vegetation and i~~turalhydrology. }:' ,,~ ...... ' ',,;' , '. ,t "., ..... ..~' I.",;'l:'j' .' .i~I' .l'.; ,i. f TIDAL WETLANDS are wetiands that are inundated' byti<:lal waters. Definitions of wetlands 'and tidalwaleT$ " :f '. . . . '''',1"' -~ ,- -j!' "0_ "\ .,"-, .",.: can be found', at 33CFR 32.8.3(b) and 33 CFR 32.8.3(f), ,respectively. Tidal weflandscaJ'iI 'Include salt 'and brackishmar.shes (tidaD'~ flooded grassfands) , and mangrove swamps (salty shrub thickets and forests).. , Tldar. wetlallds in saline andl brackish areas' or estuarine'i,vetlands, which are part of the estuary where salt water miXes with freshwaterrtl'nning otftheland viarriver~.,arealso included~'~. '. ' . ,\. ,', ,-.~. . "'::. .... '. '. ~ ,,,,~i'.'" . .:it ..:,'-l~; BE'ACftl istnez0:ne.lbcafed inland from the mes/il,lo&tiOe. totfle natural ii~e o{vegetation bordering the s-eaward.snors:Qftlite GllIlfofMexico~ ..... ,.". it ''f,'h .', ,~" " ,,' "',. ;'; oJ; ;'j{, ,.:,.., ":. >: ':;1+'4 ,\..::, , . . DONE is: a~willd' formed) hiOi Gr' rid~e: of/ saAdl ,! . \ :.;" \1 "f", ~"~ .~,,:<.~~ - ...~. ~:.~ I;T ".ct'-;".! !~.; _', ,V'~ ~ . .~ ';" '. ~ "._~' _,:{~" 1- ',J, "'''~''''.'' ~ ,,' .'. ~ - ,1~ ~""',. . _,_ ~ ii,', . ,," '.' '.l.. NEARSHORE (intertidal, subtidal or submerged) habitatslnclude'lntertidal rocky areas and pools; mud . '! flats,. coral reefs, shellfish beds,'submerged.aquaticvegeta1i()n~uch as seagrass beds, rocky hard bottom, habitat, and other nearshore. benthic habitat: ",'" )i-: r, .. . ,,;:' , ,: ,f~' "'~,:'.:~',,':",,,.' '.' '" ....:r"ih:L.,,: "~.: >::;; . '." " A,';' PLEASE NOTE (AcreS of habitiltshould'only be reported if the protection arrestoration activities were completed during the grant contract pe~iod. DO,n,otreport acres of habitat If the project Is stili 1,,~~~~~~a~."I~~~rd~!5I~~,.~t1!s!t; '.. "';i['. .' ,. .;: '. ", '.~ ,>,,'- 1. Number of tidal wetlands sites protected by acquisition or easement with assistance from CMPfunds. o 2. 3. Number of tidal wetlands sites restored with assistance from CMP funds. o Number of beach and dune habitat sites .prot~ted by acquisition or easement with assistance from CMP funds. Number of beach and dune habitat sites restored with assistance from CMP funds. Number of nearshore habitat sites protected by acquisition or easement with assistance from CMP funds. Number of nearshore habitat sites restored with assistance from CMP funds. o 4. o 5. o 6. o 7. Number of other habitat sites (e.g.nontidal w~tlands, coastal prairie, riparian forest, etc.) protected by acquisition or easement with assistance from CMP funds. o Texas GLO coastal Management Program - Grant Ooseolll: Form Page 7 . 8. Number.of other habitat sites (e.g. nontidal we1lands. coastal prairie, riparian forest, etc.) restored with assistance from eMR funds. Texas GLO coastal Management Progl'llm . Grant Closeout Form Page 8 Attachment F Page 8 of 13 o Attachment F Page 9 of 13 SECTION 7: MARINE DEBRIS MEASURES .- - - - ,......i......"t~.'!,;.d~r"lt;io.,..'."'n'...; ~, .... oiru,~,+~~.,iltk,,~~. M","~"<h:~~'''''''''h'''. !l.~,~i;"""-'''''W " ..,~" '0 ....{'~..',.." '''''J''1.~' ,~ .~'. <, <" -'. Pleaseq\,lantify the totall1un1l:ierof marine debris rernPv@1 activities and the total number of pounds'"collected,. "\,;,: :':,.:~;;r,r_;'~\(,"."", ..', '. .......';. ..,'.........'..'.:-'. -'lI, ':~,l'" '..Ii-" ,',-' ,". ......... .......'..... .l'.l"-"'~, 'j" ....- . "'--,<A"',:';';>" .~ by your project for. each. activity 'during the grant cont...,ct periOd. ': ~';;' ',. ',.,', . V' .~"':. . iOEFIll4ITIONS .. )<' ' .. -, ~A~~!~~~!~~REMOVAL~~9!I"iTIES ~nclude~ctivit!;S (either vOlu~taiY or non~voluntary) to remove . manne'debrls from the coastal system. ; ,,'le'. . .~, ..' ,..l . :! ' . . " . ":\r .. .1'/ "',,,;, , 1>. J' ,~;;.,,~,.? ESTIM~TED POUNDS OF DEBRIS caiibe based on.reports from volunteer groups, non.;.volunteerremoval .~.. ':, . .'....,,>.'.:.<,..:.... "." . ....,. . . . .... '.......".......:.. :.... . _' ....__.. '?f ,':.. . ............. j....: :Ii" ,'-..' .... .: ::" ,.-",c... >~L>""\"i'-.",' ...':..'.:,;....'.:.:......... ::. ' ,'" , ,;'::'" <,..: . . :.::..--:. .~'''.' ....,...':<:i...;:.:--:,..::.'.G;1'--::{::;.F:':::::,:'.;:;:~,..:.... -::' :.,>./,::) pre>grams,or the averlige weight of commonly removecj'objects by the estimated number removed (e.g. average crab trap weighs 5 pounds andt25,were ren)ov'ed): ,..z:""> r,. ':;);,;,; .,_' _:, 't;'.- .. -'}" 'f'-".;""~'''':~ '",'h:t,.. ~ 1. Number of marine debris removal activities completed with assistance from CMP funds. o Texas GLO Coastal Management Program - Grant Closeout Fonn" Page 9 tt.'1'~~ Attachment F Page 10 .of 13 SECTION 8: COASTAL WATER QUALITY MEASURES _"";,,,:;"'~,"'1-~ on... ,.p._j,~""'t~' .~' "'l',_.,~ ..,. o ~~,.:,. '", t. P.:.l&ase quantify the t.otalnumb..er of sites where watenquality wa.s mon.itor..e.dby your project and theto..t.a.1 . . .... "'. . J,:-:-:.....:_',. . .' I. .":' Ii '''.. '. ".' ' . '.' " .....;.,:'..;:.,:<>'i:.(,.,. . '. . .... .' .... . .. ...:.... ,. number'of coastal communities that developed or uPd.ated;polluted runoff management ordinances, pO,I.i.cie. s, .~ '.'_":_ ._, <','" ','" . '.. . .:t-.','" -'.' . ...... ',......,"".,.~:......,> ~;'~'" .' ." '._:.:~'<i';"\, .'.." . . . . :" .... . ."'. ,:~f'""""" an. d, plans a. nd/or completed pro.~.'ect. s. to implement polluted. runoff manageme., n. t ordinances, po. licie. s, al'ldplans . . ...... . ..::. ." "':rJ: '., r. -. .... . . " --.;........'.-"". .-~." '> ....,,~.:. "''''''~.'.' .'.-' -," "~" . with assistance from your project during the grant contractperiod. " . " " · ; r, ': :: ~'~ . ~I' ' Jl' . .,:. '.," 'DEFINITIONS".....'''.~,i/,.b ,';,;j. b.".trlI.::;.. '01..... "-"+''''''';.'-:~ . ;:,. ~ . .."'.-,:.:.... t.-.., ". . - -.'. . ';~.A,' ..' ..', WATER QUALITY MONITORING includes watefqLjality and aquatic habitat monitoring an,dasse~s'!l~nt activitieseonductedby the public; universities, arid ~ther non-govemmental agencies. It does notlnclude rlJonitoring conducted bytheS~atEf'or local agencl~~:,to!neet federalCle~n '!"~ter ~ct requirements or ,~: monitoring conducted as part of permit review or,eriforcement activities."'."','.; '"lI' ,0..., . ". ^ . ,.< - .I.,f','. ... "I .::..,',.'. . ,/ " \',. "< COAST ALCOMMUNITY is '8 unit .of I~cal go~emment (municipality or countY) or ~ special unit of government such as a storm watlkdistrict or planning district.' )" '" ' '" :,,,"'''' . "",,'" .... . ~. , _ELlGII~g~O~DINANCES, POL.,ICIES, and PLANStshould bedevelopedor adopted bya..'ocal unit of ' , govern~nt and can Include State l1landated programs. '. Ordinances, policies; and plans developed by a non-governmental organization in cqoperationwith'~ gOvernmental entity can be included. " '. ,~!_': . _ ,,, ". /', . ~ 'i~'~i:~ "',t ~'.. ~~'. . _ "~..,.,~, :;t,~ji:,'~!~ f~,.'..}"~.:t'_~, ":'. . COMP4=TED PROJECTSindude:activities to prevent or"control pollutedhinoff such as the implementation' of best management practice~ 'odhe construction of a wetland retention svstf)rn. Projects completed by a non-goverrimental organization for El coastal community can be reported:';"'" ":,' F' '~", , . " ."" , "",'~""':I' .",.,,;: .'. 3. Number of sites where water quality was monitored with assistance from CMP funds. Number of coastal communities that developed or updated polluted runoff management ordinances, policies, and plans with 8ssistancefrom CMP funds Number of coastal communities that complet~d projects to implement polluted runoff management ordinances, policies, and plans with assistance fromCMP funds. . o 1. 2. o o , Texas GLO Coastal Management Program - Grant Closeout Form Page 10 .: : -;" . , ,: <~-;<i_;"~":"'-.I~-Y_;,"::f~t.;,-,~ .. ~'~~~~~;_,.l-r"r = ~~:~,-:--iv:;-" _ ,,~-,-~~~:__~..~,.,t~~~'-'::"~'; Attachment F Page 11 of 13 SECTION 9: COASTAL HAZARDS MEASURES ~""'--~... Please quantify the totalnurnberof coastal communities in the coastal zone that completed projectsto'reduce ." _". _""'.~' ',_ _.~..\: )h" -."," "':>~;_--'_" :~_':_'v.':__ _ _ - -', -; _.,~_.:~ ":F..j',~,:,,<:-_;':' future damage from hazards a'nd/or increase public awarenes~ of hazards wi~h assistance from your project during the grant contracfperiod. ,. ,0" ',;, '~, :.. \' ~t_: -~ ..' DEFINITIONS COASTAL COMMUNITY, is a 'unit of loCal government '(municipality or county) or a special unit of government such as astorm'water'district or planning district.: '. 0 . .~',,/'~'. '.. '.',.'~.- .0.0 0 '. . L:''', . ',- o' '. . 0 ! COMPLETED PROJECtS include: the development ,of or update of local coastal haz,ar~.J?lans, il.oca1'cpastal hazard mitigation polices, ordinances or codes, techAlcal assistance, education and outreach, :and on.:.the- grouJ'i1d projects fo, reduce future ~amage from haZards;' Projects completed by.a non-governmental Qfiganizatiof;l,fofia:coastai commu~rtycanb~r,eporte4:, 0 .' , I ; " . {,", . <,<,>;' ~l _ ~ ,~. It, .. I '. ~ _ . -t \. _ 'jl... _ . _~ .~ -4' "" " IN'CREASED pUBLic AWARENESS may result from hand~n educational events, educational si9r:!~gE:l or kiosks, and informational materials such as brochures and websites. They may be on-goingefforts, but the community must have completed an activity or component oUhe project during the grant contract period. .. Websites should.only be reportediUhey are first made available during the grant contract period. ~,. :;"';'" '-':-;'~{;j1k, * ~_ . ~ . . ,-' Y"-. ,.,J .'it .-" t- '- r- '-'';i- f ~:A''''''':>'''''': '_'-'-r-~.i"'T- ~ <;' ".-",~ "!:.,,,'~ 1. o Number of coastal communities that completed a project to re~uce future damage from hazards with assistance from CMP funds. Number of coastal communities that completed a project to increase public awareness of hazards with assistance from CMP funds. o 2. o Texas GLO Coastal Management Program' Grant Coseout Form Page 11 '_..~~_'t:.l~..". l'-""-'l:-~~' ~~:;""'--.,.k~<#-J.,.j~~~~ Attachment F Page 12 of 13 SECTION 10: COASTAL DEPENDENT USES AND COMMUNITY DEVELOPMENT MEASURES - ~~"'.._."~j'''~'''''- ~ Please quantify the totalnurilberof coastal communities that developed or updated sustainable development ordinances, polices. and plans; completed a project ioimplement a sustainable development plan; developed or updated port or waterffont redevelopment ordinances;' pplicies, and plans; and/or completed a project to irripfe~.nt a redevelopmeilt plan with a~sistan~e from"your project during .th~. g~nt contract period. ,'J ,J',., . . ,'DEFINITIONS. ? . . ',.,-' ... ., '., ,,-'.' . - 'f' COASTAL COMMUNITY Is a unit of local governmel1t(municipality or county) or a special unit of government such as, a redevelopment commission, harbor management board, port commission; or i . . .' .... it' . regional board or commission;' ',",' '0,". .. , ,J ' J,:,::;' ~., .~~;.' . " . .,", ' ~,' ". ... . J ;~ J ) \. ? .~~> . '. .' c'. ,EUGIBLE ORDINANCES, POLICIES, and PLANS should be developed or adopted by a 'local unit of government and can include State mandated progra~s. Ordinances, policies, and plans developed by a non-govemmentalorganization in cooperation With ~ governmental entity can be included. --'. " ...' ,'. .. -. .c. Ii ~ ..... . ~ '"":- . ' " ," ' 'COMPLETED PROJECTS shoulCl impleri1ent actions called for in a'su~tai~able de~elop~ent' or port or . ;:'tl'". . . ., . ;;" . ,.' .. ". ... ' '.. ..' , ~':'~","'" ..' '.'~ ;waterfront redevelopment plan. '.- . '. '. '~' ,.,.; " ~ ,I'., .~ ,'..., ,._..",:\. ""i>' --, .:.'.; ." t ;i ;' .SUSTAINABLE DEVELOPMENT PRACTICES can include mixed land uses, compact building design, and walkable neighborhoods; preservation of open space! farmland. natural beauty, and critical environmental areas; dir.ectlng, development tOWBJids existi'ng communities; and collaboration in developmentdecisions by . tlile; community aljldlstakeholders. . ~., '. 1f .," ~'" ,'. ',,' ,: J !. :,ll". ~- . J 'oJ~' . '".". .L ....., ""~:. '.. . 1 IV;' '. ;",: '''.'~:, ,:,': ,',.' " "-.. PORT OR WATERFRONT REDEVELOPMENT can' include economic development; land acquisition or ; protection through easement; ret\abllitation or acquisition of piers for public use; rehabilitation of bulkheads I for improved public safetY or access: removal or ~eplcieement of pilings to provide increased recreational . use; zoning or other development ordinances to supp~rt redevelopment; and visioning and other public 'involvement proce~s~s. - . . . :: . ~ . ': " . " ' 1. Number of coastal communities tha~developed or updated sustainable development ordinances, policies, and plans with assistance from CMP funds. o 2. Number of coastal communities that ~mpleted a project to implement a sustainable development ordinance, policy I or plan with assistance from CMP funds. o 3. Number of coastal communities that developed or updated port or waterfront redevelopment ordinances, polices. and plans with assistance from CMP funds. Number of coastal communities that completed a project to implement a port or waterfront redevelopment ordinance, policy, 'or plan with assistance from CMP funds. o 4. o I Submit by Email 1 Print Form I Texas GLO CoastiII Management Prognm - Grant aoseout Fonn .. Page 12 M ~U'_.. ......f -. l T '_. ., ' "'"j r" -'I' -~ ,- ,', T7 ~" .- ,,' .- .--. ~'~ Attachment F Page 13 of 13 SECTION 11: GLO STAFF ONLY - - ---~..............- '\Y-':;o'-' " ,,' .;, '.INSTRUCTIONS -"'i~<.L~ ,~.,-...l....:'I. "'~' .. ,,~..,,~ GLO~STAFF: please enter your e-mail:ana I password bel9w.to sucmitttie'form toTClatabase..~ , '10'.' ...~.-:. '" '" - ,'. .","~- . _'_J'-":-' _ .'.ry.~~:~-'~- - _ "",_ ': ~ ",fJ!: -_,~_' -' EV~R~NE'ELSE:'Please STOPI Thi_rfls for <3116 STAF.F. oN'L4; ::1;~.~ . ""'fF-' ., .." . ~~"- li*.'''':'''' '" ; .....i.{{. ,.. User Email: Password: I I.SUbmitr:oonITO-:Data~1 Texas GLO Coastal Management Progl'llm - Grant Closeout Form Page 13 RESOLUTION TO TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) ANO US CORPS OF ENGINEERS FOR. UTILIZATION OF EXISTING SPOIL DISPOSAL AREAS: A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to Sign the Resolution to Texas Department of Transportation (TxDOT) and US Corps of Engineers for utilization of existing spoil disposal areas. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. . .~r---~.~ . ..... '. . .,.. .,', ':'. r",' . WHEREAS;,'- .', Calhoull 'CotintY Cotnrilissioners': C8Urtrec6gnli~s the ne~d, and importance . of having usable harbors ill Port ,6'Connor;.T~~a8; <md" ' WHEREAS, . -- , '" thes~harb~tsareinAeed'bfmaiIiteriarice;'and ." .' .., ".- . .,', ," .' ,". . , WHEREAS, ,. . c01TI1p.unity;art4: -' ~ . . ",. - , ".. .' -, . . '.' . ' ~-" - :.' .. . . . '_ ,I Thcidoss,6ftheuse,Of:[thesehatbors:w'ouldcrea:tean economic loss to the . . , WHEREA.S, ,:,'., ...The~orpofEngltteer~al1dTex~s'Depart,lllentdfTran~portationhas, ' available placem:el1tareasayaiiablefor:t~e maiiltena,uceof the Intercoastal Water. Way; and WHEREAS, and" . ,Th~seharborsareadjac.~nt ,andcbnnected to the .IntercoastalW aterWay; .' . . '. . ',', . ~ . , .' . .'. . " .' , . .... , '", THEREFOREBE.rf ro:SOLVEt);that tl1e'Calh()hnC6unty' Commissioners'! . Court ':'c', ", ,'.':~.,: ....'_ '. ..-,..,....:,' ,", ...),..~:...:':'...,..,..:,:,....-:<_:,: ":" .: :,-,:,' "-',",,',', :".,':, I requests,the. Corp of EngineersandT exasj)eP<lltlTIeiltofTransportation allow the dredged' .... .,... '. '.' ....' . II.,., ..' . ...'. ...... ' 'materialfrom the~e. harbors to be pl~6ed'in.sai(placernentare.a:':" '. . , '. . ~ , ,.,", . . '.. .' , .. " . . ,.' th'<: .,:." .". ".. ..: ....' A])OPTED-TIDSTHE.-:1. 4.DAYOFOCTOBER,)OlO.' . ... 1.... bdM~~it?i..'." :, 'Mich(iel J .,~fei, r:'coun~J~dg~ . ..' "'. '.. .'.' , " ...'.fd'.............~.... . ,'... '. .', '," " ..' .' ", ",- . ,,; - " ,'" ,',' ,', "," ,,', . ',.",' " ,";.,,', '.,'..., -., . .' .' "".' ',' '." . " -. .' .. ,.'. "". - ," - - . .' . . ~. -, - . -'- '. . - , :ii,.~",,',........,........,..". ';VemLyssy..>.' . ...... Commissioner,' Pet: -2 . , ,'(/,... '. \. ' . .' Roger." . Galvay .' . COlnmis$ionerpC1., 1." .. , .......~~,....... N~il~.;F~hsch' ..,......:.. ." ..:.......... <' ...., Comm1sslOner,Pct.) " '. ". './': , , """ ,'.'.'. '.' "':if"""'" ' .,.' ,. . ,". "'" " '. ',: '. : "'" ","".: " '"',",. .':~~~i~ii".'...~' . ":Comrni~si6ner,p~t:'4. , Attest: Anita'Fricke; Co'untYClerk .... '. . " .~............ t '. . '" >" " " . .' ", "" '" .,' ,-: .. , ", ',"",.,' ..."..................'....,~1lG: .' '.' . By:Depuly l"rk. < ...i. SELECT PAYING AGENT REGISTRAR AND ESCROW AGENT FOR PROPOSED REFUNDING OON~: " A Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to award the Bank of Texas as the low bidder for the Paying Agent Registrar and Escrow Agent for Proposed Refunding Bonds. Commissioners Galvan, Lyssy, Fritsch, Finster and1iJudge Pfeifer all voted in favor. II Susan Riley From: Sent: To: Subject: Attachments: Cindy Mueller [cindy.mueller@calhouncotx.org] Thursday, September 30,201010:18 AM 'Susan Riley' Agenda item request Binder1_Agenda Item 10-14-10_paying agent.pdf Please place the following on the agenda for October 14, 2010: . Consider and take necessary action to select paying agent registrar and escrow agent for proposed refunding bonds. Cindy Mueller County Auditor Calhoun County 202 S. Ann St., Suite B Port Lavaca, TX 77979 361.553.4610 Phone 361.553.4614 Fax 1 From: To: Cc: Subject: Date: Attachments: Lizzeth Gamboa Cindy Mueller Anne Buraer Entrekin; Ginaer Mann Paying Agent Registrar Bids Results Tuesday, September 28,20102:11:11 PM orintmon@firstsw.com 20100928 130412.odf PaYina Aaent Reaistrar Bid TallY.odf Ms. Mueller, per our conversation attached please find the summary results of the bids for Paying Agent Registrar and Escrow Agent as well as an attachment containing the bids received in no particular order. Upon your review please let us know which entity should we include in the documents. Thanks, Lizzeth Lizzeth Gamboa Analyst First Southwest Company 70 NE. Loop 410, Suite 710 San Antonio, TX 78216 Phone: (210) 308-2219 -----Original Message----- From: Print Monitor On Behalf Of printmon@ Sent: Tuesday, September 28, 2010 1:04 PM To: Lizzeth Gamboa Subject: Scanned image from SAN-SHARP MX-4101N Reply to: printmon@firstsw.com <printmon@firstsw.com> Device Name: SAN-SHARP MX-4101N Device Model: MX-4101N Location: San Antonio Copyroom File Format: PDF MMR(G4) Resolution: 200dpi x 200dpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader(R) or Adobe(R)Reader(R) of Adobe Systems Incorporated to view the document. Adobe(R)Reader(R) can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems Incorporated in, the United States and other countries. http://www.adobe.com/ Neither First Southwest Company nor any of its affiliates (collectively, "First Southwest") is responSible for any recommendation, solicitation, offer or agreement or any information about any transactions, customer account or account activity in this cqmmunication. Confidential or time-sensitive security- related communications should not be transmitted to First Southwest via the Internet as there can be no assurance of actual or timely delivery, receipt and/or confidentiality. Neither can there be any assurance that messages transmitted by electronic mail will not be corrupted, lost, deleted or modified. First Southwest reserves the right to refrain from processing or executing electronic mail until verification of the information is obtained in another format acceptable to First Southwest. #269,997 PAYING AND ESCROW AGENT BIDS FOR CALHOUN COUNTY, TEXAS APPROXIMATELY $5,260,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010 Bank. Regions Bank Pavina Aaent Reaistrar $250 The Bank of New York $250 US Bank $300 Wells Fargo $400 Bank of Texas $200 per series or one-time upfront fee of $2,500 per series Bank Escrow Aaent Regions Bank $250 The Bank of New York $750 US Bank $500 Wells Fargo $500 Bank of Texas $250 ~!:lcm~@ Corporate Trust Services 142410allas Parkway, Suite 490 Dallas, TX 75254 Schedule of Fees for Services as Paying Agent/Registrar and Refunding Escrow Agent For Calhoun County Texas General Obligation. Refunding Bonds, Series 2010 04120 Paying Agent One time fee for performance of the toutine duties of the agent in administration of the defeasance escrow. Administration fees are payable in advance. $300.00 04160 Refunding _ Escrow Agent, One Time (11/23/10-8/15/2011) One time fee for performance of the routine duties of the agent in administration of the defeasance escrow. Administration fees are payable in advance. (Note: If maturities are partially redeemed and require new CUS/PS, add $250 to Escrow Agent fee.) $500.00 Direct Out of Pocket Expenses Reimbursement of expenses associated with the performance of our duties, including but not limited to publications, legal counsel after the initial close, travel expenses and filing fees. At Cost Extraordinary Services Extraordinary services are duties or responsibilities of an unusual nature, including termination, but not provided for in the governing documents or otherwise set forth in this schedule. A reasonable charge will be assessed based on the nature of the service and the responsibility involved. At our option, these charges will be billed at a flat fee or at our hourly rate then in effect. A $300 fee will be charged on optional redemptions. Account approval Is subject to review and qualification. Fees are subject to change at our discretion and upon written notice. Fees paid in advance will not be prorated. The fees set forth above and any subsequent modlflcattons thereof are part of your agreement. Finalization of the transaction constitutes'! agreement to the above fee schedule, Including agreement to any . subsequent changes upon proper written notice. In thee\lent your transaction Is not finalized, any related out-of-pocket expenses will be billed to you directly. Absent your written Instructions to sweep or otherwise Invest. all sums In your account will remain uninvested and no accrued interest or other compensation will be credited to the account. Payment of fees constitutes acceptance of the terms and conditions set forth. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial Institutions to obtain, verify and record Information thatidentilles each person who opens an account. For a non-lndivldual person such as a business entity, a charity, a Trust or other legal entity we will ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, identification arid authorization documents from Individuals claiming authority to represent the entity or other relevant documentation. Dated: September 23, 2010 I L o BANK OF TEXAS". 1401 McKinney, Suite 100 Houston, Texas 77010 Phone: 713.289.5883 Fax: 713.260.5623 September 24,2010 Lizzeth Gamboa First Southwest Company 70 NE Loop 410, Suite 710 San Antonio, TX 78216 Re: $5,260,000 Calhoun County, TX General Obligation Refunding Bonds, Series 2010 Dear Lizzeth: It is my pleasure to submit our proposal to serve as Paying Agent, Registrar and Escrow Agent for the referenced bonds. It is our desire to establish Bank of Texas as the premier provider to local clients and our pricing is as follows: UpfrontAcceptance Fee Waived Annual Administration Fee $200 per Series' Or One-time Upfront Fee $2,500 per Series / Escrow Agent Fee (one time to 8/15/2011) $250 / No fees for reports and no legal fees anticipated. Annual fees will be billed in advance and other fees and expenses, if any, will be billed annually in arrears. The first year Administration and Escrow Agent fees will be due and payable at clOSing. Should Bank of Texas be appointed, the relationship with the County will be handled by me and Maria (Coki) Barrera. Coki can be reached at 713.206.5622 or bye-mail at mbarrera@bankoftexas.com. If you have any questions or I can provide any additional information, please feel free to contact me. ~r;t:~' Ronoa L. Parman Vice President & Business Development Officer rparman@bankoftexas.com R':EGIONS Paying Agent/Registrar Services for Calhoun County, Texas GO Refunding Bonds, Series 2010 Schedule of Fees Paying AgentlRegistrar: Acceptance Fee: .... ................... .......... .. Waived Paying Agentl Registrar: ...................... $250 Annually in Advance Escrow Agent: ...................................... $250 AIIDually in Advance Fees are payable at the closing of this transaction. Thereafter, Fees and any expenses will be billed on the anniversary date of the closing. Charges for performing extraordinary or other services. not contemplated auhe time of the execution of the transaction or not specifically covered elsewhere in this schedule will be determined by appraisal in amounts commensurate with the service to be provided. Counsel fees, ifever retained as a result of default or other extraordinary occurrence on behalf of the bondholders or Regions will be billed at cost. Quote does not include legal fees for trustee counsel opinions. Services not included in this Fee Schedule, but deemed necessary or desirable by you, may be subject to additional charges based on a mutually agreed upon fee schedule. Our proposal is subject in all aspects to Regions' review. and acceptance of the final financing documents, which set forth our duties and responsibilities. By: Isl Mark Dault Mark Dault Vice President Date: September 21,2010 September17.2010 Greg Stites Wells Fargo Bank , Corporate Trust Services 400 W. 15th Street, Ste.lSo Austin, Texas 78701 Tel: 512.344.8640 greg.l.stites@wellsfargo.com Fee Proposal for Paying Agent, Registrar and Refunding Escrow Agent Services $5,260,000 Calhoun County, Texas General Obligation Refunding Bonds, Series 2010 A' ce trin' 'e ''G'e' , "',,:l:n,7'[1<]),., ,C', ,'Q' C, 'I;" " i "h:,LcV,;n " ,;} Initial Fees as they relate to Wells Fargo Bank acting in the capacity of Paying Agent/Registrar - includes creation and examination of the Paying Agent/Registrar Agreement; acceptance of the appointment; setting up of Paying Agent/Registrar records and accounting records; and coordination of closing. The Acceptance Fee is payable at time of Paying Agent/Registrar Agreement execution. D ~~, "Ari\l'M~~\i~!<l:.~l"i\\:~-~~' "'_' "i"ftEl ' ro< .~J&t'" !l'~.Q:~~J!gr~en,t~~i,~4~.1~~\UiS,Yi;@;~ :~:1' i4n()~~,~;",y.~~ For ordinary administration services by Paying Agent/Registrar - includes daily routine account management; cash transaction processing in accordance with the agreement; and mailing of trust account statements to all applicable parties. Float credit received by the bank for receiving funds that remain un-invested are deemed part of the Paying Agent's compensation. The Annual Administration fees are payable in advance, with the first installment due at closing. , 'A"il4l!.l>%1;:. ~1i:C"""";IY,*~~ fAi~.';';'" ',Ji:i':lit. '~'~""'l'~\."ij'" "''>.!;l''rM.~;'iL,' ..~.-' ..''''';\!~:>i>' ".l<4;~,I&. 'rn'~ &(Jf6J;Uiliuin:5"nl~br'o:w';\~i.~'I,I!i~~i.\ta ~~W;J,~Jn!t~,~i,3;>>~,,;.o!;~~~ For ordinary administration services by Escrow Agent; includes daily routine account management; investment transactions; cash transaction processing in accordance with the agreement; and mailing of trust account statements to all applicable parties, Float credit received by the bank for receiving funds that remain un-invested is deemed part of the Paying Agent's compensation. The Administration fees are payable in advance, with the first installment due at closing. '!@'1;t~,~~:Rl');qk~~~'-~ ,<~g..$~" We only charge for out of pocket expenses in response to specific tasks assigned by the client. Therefore, we cannot anticipate what specific out of pocket items will be needed or what corresponding expenses will be incurred. Possible expenses would be, but are not limited to, tax reporting, establishment of trust accounts, express mail and messenger charges, travel expenses to attend closing or other meetings. There are no charges for indirect out of pocket expenses. This fee schedule is based upon the asslImptions listed above which peJ.tuin to the J'esponsibiZities and 1'is/(s involved in Wells Fargo undertaking the J'ole of Paying Agent/Regisn'aJ'. These assumptions aJ'e based on illformation pJ'ovided to us a... of the date ofthisfee schedule. OW' fee schedule is subject to J'eview and acceptance ofthejinal documents. Should any of the assumptions, duties 01' J'esponsibilities change, we reser've the J'ight to ajfiJ'm, modify 01' rescind ouJ'fee sc/tedule. PAR: 76618 ESe: 76619 Together we'll go far BNY MEl.LON CORPORATETRlJST Fee Schedule Calhoun County, Texas approximately $5,260,000 General Obligation Refunding Bonds, Series 2010 .. AGc~JI"Qte~~:ee\~t~J;~lj;;~~1~4': . .~ . A one-time charge covering the Bank Officer's review of governing documents, communication with members of tile closing party, including representatives of the issuer, investmentbanker(s) and attorney(s), establishment of procedures and controls, set-up of trust accounts and tickler suspense items and the receipt and disbursement/investment of bond proceeds. This fee is payable on the closing date. tration Fee : .~~> 0 . An annual charge covering the normal paying agent duties related to account administration alld bondholder services. Our pricing is based on the assumption that the bonds are DTC-eligible/book-entry only. If the bonds are certificated or physical, then we will have to charge an additional $1000 per year as a paying agent. This fee is payable annually, in advance. ow Agent Fee: . The Escrow Agent Fee covers the consideration of documents and the normal administrative duties of the escrow agent according to the governing documents. For a fult year or partial year escrow the fee is $750 per year. Should the escrow account or depository account be open for less than two months, then we will reduce our fee to $375. Should we not open an escrow, depository or similar account, we will not charge for such services. This fee is payable on the closing date. . . , . traordinary Servlces/Mise. FeeS:is~lI .' The charges for performing extmordinary or other services not contemplated at the time of the execution of the transaction or not specifically covered elsewhere in this schedule will be commensurate with the service to be provided and may be charged in BNY Mellon's sole discretion. If it is contemplated that the Trustee hold and/or value collateral or enter into any investment contract, forward purchase or similar or ether agreement, additional acceptance, administration and counsel review fees will be applicable to the agreement governing such services. If the bonds are converted to certificated form, additional annual fees will be charged for any applicable tender agent and/or registrar/paying agent services, Additional information will be provided at such time, Should this transaction terminate prior to closing, all out-of-pocket expenses incurred, including legal fees, will be billed at cost. If all outstanding bonds of a series are defeased or called in full prior to their maturity, a termination fee may be assessed at that time. These extraordinary services may include, but are 110Uimited to, supplemental agreements, corisent operations, unusual releases, tender processing, sinking fund redemptions, failed remal'keting processing, the preparation of special or interim reports, custody of collateral, a one-time fee to be charged upon termination of an engagement. Counsel, accountants, special agents and others will be chat'ged at the actual amount of fees and expenses billed, DCC filing fees, money market sweep fees, auditor confirmation fees, wire transfer fees, transaction fees to settle third-party trades and reconcilement fees to balance trust account balances to third- party investment provider statements 200] Bryan - n III Floor Dallas, TX 75201 BNY MELLON CORPORATE TRUST Annual fees include one standard audit confirmation per year without charge. Standard audit confirmations include the final maturity date. principal paid. principal outstanding. interest cycle. interest paid. cash and asset infol1natiol1. interest rate. and asset statement information. Non~standard audit confirmation requests may be assessed an additional fee. Periodic tenders. sinking fund. optional or extraordinary call redemptions will be assessed at $300 per event. FDIC or other governmental charges will be passed along to you as incurred. Terms and Disclosures Terms of Proposal Final acceptance of the appointment under the Indenture is subject to approval of authorized officers of BNYM and full review and execution of all documentation related hereto. Please note that if this transaction does not close. you will be responsible for paying any expenses incurred, including Counsel Fees. We reserve the right to terminate this offer if we do not enter into final written documents within three months from the date this document is first transmitted to you. Fees may be subject to adjustment during the life of the engagement. Customer Notice Required by the USA Patriot Act To help the US government fight the funding of terrorism and money laundering activities, US Federal law requires all financial institutions to obtain. verify. and record information that identifies each person (whether an individual or organization) for which a relationship is established. What this means to you: When you establish a relationship with BNYM. we will ask you to provide certain information (and documents) that will help us to identify you. We will ask for your organization's name. physical address, tax identification or other government registration number and other information that will help us to identify you. We may also ask for a Certificate of Incorporation or similar document or other pertinent identifying documentation for your type of organization. We thank you for your assistance. 200 I Bryan - 11111 Floor Dallas, TX 7520 I ANNUAL RENEWAL OF THE COUNTYCHOICE ~ILVER PACKAGE OFFERED TO RETIREES AND THE NEW PLAN UNDER UNITED HEAL THCARE. (THIS IS OF NO COST TO THE COUNTY. IT IS A MEDICARE SUPPLEMENT POLICY OFFERED TO THOSE ENROLLED IN MEDICARE PART A &. B ONLY THROUGH THE TEXAS ASSOCIATION OF TEXAS): A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve the Annual Renewal of the CountyChoice Silver Package offered to retirees and the new plan under United Healthcare. (This is of no cost to the County. It is a Medicare Supplement Policy offered to those enrolled in Medicare Part A and B only through the'Texas Association of Texas). Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley Ii From: Sent: To: Subject: rhonda kokena[rhonda. kokena@calhouncotx.org] Wednesday, October 06, 2010 2:55 PM susan riley AGENDA 10-14-10 Susan - Can you please post thefollowing on the next agenda: Accept and Approval of the annual renewal of the CountyChoi~ Silver package offered to retirees and to accept the new plan under United Healthcare. (this is of no costs to the county. it is a medicare supplement policy offered to those that are enrolled in Medicare Part A & B only through Texas Asso9iation of Counties) RHONDA S. KOKENA CALHOUN COUNTY TREASURER 202 S. ANN ST. PORT LA V ACA, TX. 77979 361-553-4619 phone 361-553-4614fax Enjoy the little things....For one day you will look back and realize they were the big things. 1 . .-,._~-,--_~__.____.___-------'L_~____ _ __ ACCEPT FROM THE DISTRICT COURT THE SALARIES FOR THE COUNTY AUDITOR AND ASSISTANT AUDITOR'S FOR THE FISCAL YEAR 2011: 'I A Motion was made by Commissioner Fritsch and seconded by Commissioner Galvan to accept from the District Court the salaries for the County Auditor and Assistant Auditor's for the Fiscal Year 2011. Commissioners Galvan, Lyssy, Fritsch, Finsterand Judge Pfeifer all voted in favor. STATE OF TEXAS IN THE DISTRICT COURT OF COUNTY OF CALHOUN CALHOUN COUNTY, TEXAS WHEREAS, on August 20, 2010 at a public hearing held for the purpose of setting the salaries of the County Auditor and Assistants for fiscal year 2011, and for the purpose of approving the number of assistants for the Auditor's Office for fiscal year 2011; and WHEREAS, the following base salary amounts were approved for fiscal year 2011 at the close of the public hearing: County Auditor $ 55,443 First Assistant Auditor $ 42,256 Assistant Auditor $ 32,527 Assistant Auditor $ 32,527 Assistant Auditor $ 32,527 FURTHER, any fiscal year 2011 salary increases and longevity approved by Commissioners Court for County Officials and Employees are approved for the Co,!nty Auditor and Assistant Auditors in like percent and amount and upgrades or reclassifications of job graoes 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. 'I We, the undersigned, being a majority of the District Judges of Calhoun County, Texas do hereby ratify the approval action on August 20,2010 by the District Judges at the close of the public hearing held for the purpose of setting salaries and approving the number of assist1ffits for the County Auditor's Office for fiscal year 2011. Stephen Williams, Judge, 135t Judicial District sg~~~iCiaIDistrict AT It!)! 15 PILED O'CLOCK:d-M , ACCEPT THE DISTRICT SALARIES FOR THE OFFICIAL COURT REPORTER OF THE 24TH, 13STH AND 267TH JUDICIAL DISTRICT AND THE OFFICIAL ALTERNATE COURT REPORTER OF THE 24TH, 13STHAND 267TH JUDICIAL DISTRICT FOR THE CALENDAR YEAR 2011: A Motion was made by Commissioner Lyssy and seconded Commissioner Fritsch by to accept the Order from the District Court allocating the Salaries of the Official and Official Alternate Court Reporters of the 24th, 13Sth and 26ih Judicial District for the Calendar Year 2011. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. " QrRDER On this the _ day of September. 2010, came on to be considered setting and allocating the salary of the Official Court Reporter of the 24th Judicial District for the calendar year 2011, and the salary is hekby set at $64,876.00 for the year 2011, and in .1. additio~ the Oflida1 Court Reporter shatJ. 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 2000 Census as " I follows: COUNTY PERCENT AMOUNT Calhoun 13.40 8693.00 DeWitt ;13.00 8434.00 Goliad 4.50 2920.00 Jackson 9.50 6163.00 Refugio 5.00 3244.00 Victoria 54.60 35422.00 $64,876.00 This action was taken at a public hearing held in accordance with the provisions , of Section 152.905 of the Local Government Code. SIGNED TIllS the &' ofS~temher, 2010. 1:Jv AT FILED -_O'CLOCKA-M ~~ ,STRICT CLERK CALHO'JN COUNTY, TEXAS Jos, h Patrick Kelly, Judge 24th Judicial District Court O'RDER On this the L day of September. 2010, came on to be considered setting and allocating the salary of the Official Court Reporter of the '135th Judicial District for the calendar year 2011, and the salary is hereby set at $64,876.00 for the year 2011, and in ii addition, the Official Court Reporter sh~l 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 2000 Census as follows: COUNTY. PERCENT AMOUNT Calhoun 13 .40 8693.00 DeWitt . 13.00 8434.00 Goliad 4.50 2920.00 Jackson 9.50 6163.00 Refugio 5.00 3244.00 Victoria 54.60 35422.00 $64,876.00 " This action was taken at a public l:1earing held in accordance with the provisions of Section 152.905 of the Local Government Code. SIGNED TIllS theY,I of September, 2010. Cf~ 3D FILED AT_ O'CLOCK 4- _M ~~~ !STRICT CLERK, CALHOUN COUNTY, TEXAS ~ ~ C".' ~.'. P ie-' '~. -'I-I""'''' I ;i 'I I ' " f~"'~ : , ~- h ~~ J" .~. ..;:/" ,.....'0> ....--... Q1RDER " On this the L day of Seotember. 2010, came on tQ be considered setting and allocating the salary of the official Co~ Reporter of the 267th Judicial District for the calendar year 2011, and the salary is hereby set at $64,876.00 for the year 2011, and in addition, the. Official Court Reporter shall receive any longevity compensation to which 'I she is entitled and is hereby allocated ~ the counties comprising the Judicial District in proportion to the population of the Judicial District according to the 2000 Census as follows: COUNTY PERCENT AMOUNT Calhoun 13.40 8693.00 DeWitt 13.00 8434.00 Goliad 4.50 2920.00 Jackson 9.50 6163.00 Refuglo 5.00 3244.00 . Victoria 54.60 35422.00 $64,876.00 This action was taken at a publi,? hearing held in accordance with the provisions of Section 152.905 of the LoCal Goverrlment Code. . . SIGNEDTIDSthe ?S OfS~ ~ ~. etter. Judge . ,26itii Judicial District Court !j 1-'3 D FILED O'ClOCKA-M AT rLh~~Xl_6 2010 -<1rF~:~~ JISTRICT CLERK, CALHOUN COUNTY, TEXAS ORDER On this the .3,-R day of September. 2010, came on to be considered setting and allocating the salary of the Official Alternate Court Reporter of the 24th, 135th, and 377th Judicial District for the calendar year 2011, and the salary is hereby set at $64,876.00 for the year 2011, and in addition, the Official Court Reporter shall receive any longevity compensation to which sheis entitled and is hereby allocated to the counties comprising the Judicial District in proportion to the population of the Judicial District according to the 2000 Census as follows: . COUNTY PERCENT AMOUNT Calhoun 13.40 8693.00 DeWitt 13.00 8434.00 Goliad 4.50 2920.00 Jackson 9.50 6163.00 Refugio 5.00 3244.00 Victoria 54.60 35422.00 $64,876.00 This action was taken at a public hearing held on September 3rd, 2010, in '! accordance with the provisions ofSection'152.905 of the Local Government Code, as amended hereby. SIGNED TInS the 3.R Of~ Y .2010. Stephen Williams, Judge 135di Judicial district Court ~ Robert C. Cheshire, Judge. q 377th Judicial District Court ' ! J ~'LED AT O'CLOCK--A-M ~~}~ DISTRICT CLERK, CALHOUN COUNlY, TEXAS t:-- .,~ ~ ~ ~ i f~"'" /\ lJ! I I i ~ f-:\ t 't....l ~..-. ( ,,~..~:' t. COUNTY REPORTS: The County Treasurer, County Tax Assessor/Collector and JP 1 presented their monthly reports for the month of August 2010 and JP 2, 3 & 4 presented their reports for the month of September 2010 after reading and verifying same, a Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to accept said reports as presented. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. "" ~ ( 'A I ,HI III "I ~ '1I11~TY, T~''1( A.~ CALHOUN COUNTY TREASURER'S REP@RT MONTH OF: AUGUST 2010 BEGINNING ENDING " FUND BALANCE FUND FUND BALANCE RECEIPTS DISBURSEMENTS GENERAL $ 23,637,058.07 $ 797,175.88 $ 1,469,422.27 $ 22,964,81 ]68 AIRPORT MAINTENANCE 74,901.73 1,08895 393]6 75,597.52 APPELLA TE JUDICIAL SYSTEM ] ,110.25 ] 51.24 0.00 ],261.49 ANIMAL CONTROL-CAWS 162.86 0.19 000 163.05 CHAMBER TOURISM CENTER 1 261.71 0.31 0.00 262.02 COASTAL PROTECTION FUND PI,6]0.]3 37.54 0.00 3] ,647.67 COUNTY CHILD WELFARE BOARD FUND I 51879 ]46.62 000 665.4] COURTHOUSE SECURITY 172,954.24 1,469.43 000 174,423.67 DONATIONS ]45,625.60 2,496.38 2,368.61 145,753.37 FAMILY PROTECT]ON FUND 3,614.43 19.29 000 3,633.72 JUVENILE DELINQUENCY PREVENTION FUND " 8,405.24 9.98 0.00 8,4] 5.22 GRANTS 196,035.67 61.53 3675 196,060.45 HWY 87/FM1090 208,86250 24805 000 209,1 ] 0.55 JUSTICE COURT TECHNOLOGY 50,278.90 575.84 0.00 50,854.74 JUSTICE COURT BUILDING SECURITY FUND 9,957.37 ] 32.58 0.00 ] 0,089.95 LA TERAL ROAD PRECINCT #] 4,293.87 5.]0 0.00 4,298.97 LA TERAL ROAD PRECINCT #2 , 4,293.87 5.]0 000 4,298.97 LATERAL ROAD PRECINCT #3 II 4,293.87 5.10 000 4,298.97 LA TERAL ROAD PRECINCT #4 4,293.87 5.10 0.00 4,298.97 PRETRIAL SERVICES FUND 54,55062 6478 0.00 54,615.40 LAW LIBRARY ] 63,312.89 1,247.36 000 164,560.25 LAW ENF OFFICERS STD. EDUC (LEOSE) 15,] 62.22 180] 367.29 ]4,812.94 POC COMMUNITY CENTER 1126,876.42 981.92 2,096.04 25,762.30 RECORDS MANAGEMENT-DISTRICT CLERK 5,472. 1 5 ]25.94 0.00 5,598.09 RECORDS MANAGEMENT-COUNTY CLERK 122,521.79 4,432.03 0.00 ] 26,953.82 RECORDS MGMT & PRESER V A nON 50,233.07 845.]5 000 51,078.22 ROAD & BRIDGE GENERAL 1,215,348.42 24,589.15 000 1,239,937.57 ROAD & BRIDGE PRECINCT #3 13,374.80 15.88 0.00 13,390.68 ROAD MAINTENANCE PRECINCT #4 'I 635.34 0.75 0.00 636.09 SHERIFF FORFEITED PROPERTY I ] ,254.59 ].49 000 1,256.08 6MILE PIER/BOAT RAMP INSUR/MAINT 64,308.50 76.37 000 64,384.87 CAPITAL PROJ-NEW EMS BLDG 91,035.94 000 3,990.25 87,045.69 CAP]TAL PROJ-NEW JAIL BLDG 000 0.00 000 0.00 CAPITAL PROJ-OLlV/PT ALTO FD BLDG I 2,00] .75 0.00 0.00 2,00] .75 CAP]T AL PRO.l-P ARKING LOT I 80,543.8] 000 0.00 80,543.81 CAP PROJ-PCT 2 - STORM REPAIRS 17,796.13 0.00 0.00 17,796.13 CAPITAL PRO.l-RB INFRASTRUCTURE ] 23,000.48 0.00 0.00 ] 23,000.48 CAPITAL PRO.l-SWAN POINT PARK 5,096.40 0.00 0.00 5,096.40 CAPITAL PRO.l-AIRPORT IMPROVEMENT II 0.00 000 0.00 0.00 CAPITAL PRO.l-AIRPORT RUNWAY IMPROV 158,167.80 0.00 53,630.00 104,537.80 CAPITAL PRO.l-EMER COMM SYS II 39,397.16 0.00 0.00 39,397.] 6 CAP PROJ-HA TERIUS PRK BOAT RAMP-STRM REP 0.25 0.00 0.00 0.25 CAP PRO.l-PORT ALTO PUBL BEACH-STORM REP 30,38478 0.00 0.00 30,384.78 CAP PRO.l- PORT O'CONNOR FIRE TRUCK 50,000.00 0.00 0.00 50,000.00 CAP PRO.l- CO CLERK'S RECORDS ] 9,4] 3.78 000 000 ]9,413.78 CAP PRO.l-DlSTRICT CLERK'S RECORDS . 62,758.75 000 000 62,758.75 CAPITAL IMPROVEMENT PROJECTS 11434,43900 0.00 000 434,439.00 CAP PROJ- COURTHOUSE ANNEX II I 47,487.3 ] 000 0.00 47,487.31 CAP PRO.l-ANNEX RENOVATION 45,746.00 0.00 8,824.00 36,92200 CAP PRO.l-HEAL TH DEPT RENOVATIONS ] ] 6,438.08 0.00 000 116,438.08 ARREST FEES 2,143.93 369.89 1,765.87 747.95 BAIL BOND FEES (HB ] 940) ; 2,48 I .00 930.00 2,046.00 1,365.00 CONSOLIDATED COURT COSTS (NEW) il 4] ,898.96 8,490.46 3] ,907.35 18,482.07 DRUG COURT PROGRAM FUND 373.64 494.88 000 86852 SUBTOTALS $ 27662 ]88.73 '\; 846 318.27 $ I 576 84759 $ 26931 659.41 Page] of3 Jl ~:r, ,...- . - COUNTY TREASURER'S REPORT MONTH OF: AUGUST 2010 BEGINNING ENDING II FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE OPERA TlNG FUND - BALANCE FORWARD $ 27,662,188.73 $ 846,31827 $ 1,576,847.59 $ 26,931,659.41 ELECTIONS CONTRACT SERVICE .38,49031 2435 0.00 38,514.66 FINES AND COURT COSTS HOLDING FUND 8,45531 0.00 0.00 8,45531 INDIGENT CIVIL LEGAL SERVICE 665.70 185.00 518.70 332.00 JUDICIAL FUND (ST COURT COSTS) 111,172.32 289.13 92939 53206 JUDICAL PERSONNEL TRAINING 8,842.30 2,14237 6,815.74 4,168.93 JUROR DONA TION-TX CRIME VICTIMS FUND 1800 6.00 1800 6.00 JUVENILE PROBATION RESTITUTION 34500 950.00 0.00 1,295.00 LIBRARY G]FT AND MEMORIAL 43,175.89 186.28 000 43,362.17 MISCELLANEOUS CLEARING 6,995.79 11,835.16 17,997.44 833.51 REFUNDABLE DEPOSITS 2,000.00 000 0.00 2,000.00 STATE CIVIL FEE FUND 9,401.42 2,482.07 7,019.56 4,863.93 CIVIL JUSTICE DATA REPOSITORY FUND il 4899 6.41 19.74 35.66 JURY REIMBURSEMENT FEE . 2,400.99 447.92 1,787.41 1,061.50 SUBTITLE C FUND 10,496.89 2,151.31 7,72734 4,92086 SUPP OF CRIM INDIGENT DEFENSE ] ,295.27 235.47 957.16 573.58 TIME PA YMENTS 4,984.71 1,362.92 3,367.54 2,98009 TRAFF]C LA WI' AlLURE TO APPEAR 4,26636 92383 3,15039 2,039.80 UNCLAIMED PROPERTY . 2,647.54 3.14 000 2,650.68 BOOT CAMP/J.lAEP i170,46169 83.68 5,995.62 64,549.75 JUVENILE PROBATION 16577914 10392.16 42300.11 133871.19 SUBTOTALS $ 28,044,132.35 $ 880,025.47 $ 1,675,451.73 $ 27,248,706.09 TAXES IN ESCROW - 0.00 TOTAL OPERATING FUNDS $ 28 044 132.35 $ 880.025.47 $ 1675451.73 $ 27.248706.09 , D A FORFEITED PROPERTY FUND 1119,555.10 1561 1,740.35 ] 7,83036 SHERIFF NARCOTIC FORFEITURES , 1,835.76 156 0.00 1,837.32 CONSTRUCTION (JAIL) 222,998.40 189.48 0.00 223,187.88 CONSTRUCTION (JAIL) SERIES 2003 - I & S 1,092,206.49 5,732.53 98 1,981.87 I] 5,957.15 CERT OF OB-CRTHSE REN. I&S FUND SERIES 2004 242,008.28 1,657.44 206,509.99 37,155.73 CAt. CO. FEES & FINES 85,620.04 81,277.43 84,634.53 82,262.94 OCEAN DRIVE IMPROVEMENTS , 100 000 0.00 100 TOTAL OTHER CO. FIINDS .'1: 1 664 225.07 'I: 88 874.05 $ 1274866.74 ~ 478 232 38 il MEMORIAL MEDICAL CENTER: OPERATING $ 2,892,873.59 $ 1,814,03903 $ 1,794,371.15 $ 2,912,54147 REFUND IMPREST ACCOUNT 5,029.62 303.06 300.00 5,032.68 INDIGENT HEALTHCARE 196.23 9439104 94.28481 302.46 TOTALS $ 2898099.44 $ 1908733.13 $ I 888955.96 $ 2917876.61 " DRAINAGE DISTRICTS NO.6 $ 14,179.17 $ 92.60 $ 50.60 $ 14,22117 NO.8 86,89638 7379 6009 86,91008 NO. 10-MAINTENANCE 177,827.]5 8534 0.00 77,912.49 NO. II-MAINTENANCE/OPERATING I 92,417.79 4,002.20 9,527.60 86,89239 NO. J I-RESERVE 128 329.17 108.99 000 ]28438.16 TOTALS $ 399 64966 $ 436292 $ 9638.29 $ 394374.29 CALHOUN COUNTY WClD #1 OPERA TING ACCOUNT $ 39] 995.81 455.55 6361.0] $ 386090.35 !I CALHOUN COUNTY NA VIGA nON DIST. MAINTENANCE AND OPERA TING $ 21519867 $ 34 J 226 $ 9669.73 $ 208 94 1.20 TOTAL MMC, DR DIST., NA V. DIST & WCID 'I: 3904 943.58 $ 1.916963.86 $ I 914 624.99 'I: 3.907282.45 TOTAL ALL FUNDS Ii $ 3 I 634 220.92 " Page 2 of3 -J ..$. ..,.. ,,~ ~... ....J COUNTY TREASURER'S REPORT Ii MONTH OF: AUGUST 2010 Ii ~ BANK RECONCILIATION LESS: CERT.OF DEP/ FUND OUTSTNDG DEP/ PLUS: CHECKS BANK FUND BALANCE OTHER ITEMS OUTSTANDING BALANCE II $ 351,761.39 $ ] ,163,298.18 OPERA TING · $ 27,248,706.09 $ 26,437,169.30 II D A FORFEITED PROPERTY FUND ; 17,830.36 000 0.00 17,830.36 SHERIFF NARCOTIC FORFEITURES 1,837.32 0.00 0.00 1,837.32 CONSTRUCTION (JAIL) .. 223,187.88 175,000.00 0.00 48,187.88 CONSTRUCTION (JAIL) SERIES 2003 -I & S ! 15,95715 000 0.00 115,95715 CERT. OF OB-CRTHSE REN. I&S FUND SERIES 2004 1137,155.73 20.00 0.00 37,135.73 CAL. CO FEES & FINES : 82,262.94 13,630.18 88,704.04 157,336.80 OCEAN DRIVE IMPROVEMENTS- CAP PROJ 100 0.00 0.00 100 MEMORIAL MEDICAL CENTER: OPERA T1NG :t: 2,912,541.47 500,002. I 5 231,199.22 2,643,738.54 REFUND IMPREST ACCOUNT I! 5,032.68 0.00 0.00 5,032.68 INDIGENT HEALTHCARE ;j 302.46 93,82166 140,138.94 46,619.74 DRAINAGE DISTRICT: NO. 6 14,22117 0.00 0.00 14,221.17 NO.8 86,910.08 081 0.00 86,909.27 NO. 10 MAINTENANCE 77,912.49 000 000 77,912.49 NO. II MAINTENANCE/OPERATING i 86,892.39 0.00 0.00 86,892.39 NO. II RESERVE 1128,438.16 0.00 0.00 128,438.16 i[ , CALHOUN CO WCID # I " OPERA TING ACCOUNT 386,090.35 0.00 0.00 386,090.35 CALHOUN CO NA VIGA TION DIST MAINTENANCE/OPERA T1NG .... 208,941.20 0.00 0.00 208,94120 TOTALS $ 31 634220.92 $ 27219 644.10 $ 811 803.59 $ 5226380.41 CDs - OPERA T]NG FUND $26,346,889.03 .. CD - CONSTRUCTION (JA]L) $] 75,000.00 CDs - MMC OPERATING FUND #7005736]9 - $250,000.00 & #700057513] - $250,000.00 CD -70005 73775 - CALHOUN COUNTY I DIANNA STANGER (A]RPORT)- $5],100.00 .... THE DEPOSITORY FOR CALHOUN CO. NA V]GA TION DISTR]CT IS F]RST NATIONAL BANK - PORT LA V ACA II THE DEPOS]TORY FOR ALL OTHER COUNTY FUNDS IS INTERNATIONAL BANK OF COMMERCE - PORT LA V ACA . :j: ~ ~~~~ COUNTY TREASURER P~ge 3 of3 SUMMARY TAX ASSESSOR-COLLECTOR'S MONTHLY REPORT FOR: AUGUST 2010 Title Certificate Fees Title Fees Paid TXDOl Title Fees Paid County Treasurer Salary Fund Motor Vehicle Registration Collec;tions Disabled Person Fees 'Postage FD ADDITIONAL COLLECTIONS FD Fees In Excess of Collections Paid TXDOT Paid TXDOT SP Paid County Treasurer Paid County Treasurer Salary Fund DMV CCARDTRNSFEE $ 353.81 FD Additonal Collections $ I 5.00 First Data (IBC) Credit/Debit Card Fee's FD Fees In Excess of Colle6tions ': Ii Motor Vehicle Sales & Use Tax Collections Paid State Treasurer Ii , h Special Road/Bridge Fees ColI$cted Paid TXDOT - R:B Fees 'i Paid County Treasurer - RIB Fees Texas Parks & Wildlife Collections FD ADDITIONAL COLLECTIONS FD Fees In Excess of Collectiohs Paid Texas Pa'rks & Wildlife: Paid County Treasurer Salary Fund FD Additonal Co lections FD Fees In Excess of Collections State Beer & Wine Collections Month of August State Beer & Wine Collections Paid Tx Alcoholic Beverage Commission Paid County Treasurer, Salary Fund County Beer & Wine Collections Paid County Treasurer, County Beer & Wine Paid County Treasurer, Salary Fund Renewal Fees for County Beer & Wine Paid County Treasurer - Renewal Fe. Additional Postage - Vehicle Registration Paid County Treasurer - Additional Postage Interest earned on P&W $ 8.21 and Refund $ Accounts Paid County Treasurer - Int. on P&W & Ref Interest earned on Office Account Paid county Treasurer - Nav. East Paid County Treasurer - all other districts Business Personal Property - Misc. Fees Paid County Treasurer EXCESS FUNDS Paid County Treasurer Overpayments Current Tax Collections Penalty and Interest - Current Roll Discount for early payment of taxes COLLECTIONS $ 7,371.00 $ $ $ $ 95,893.62 30.00 173.00 5.00 $ 436,400.04 $ 13,752.00 $ 3,298.00 $ 0.49 $ 997.00 $ $ $ $ 8.75 $ 8.21 $ 175.93 $ 84.27 $ $ $ $ 6.40 32,612.66 6,018.01 DISBURSEMENTS $ $ 4,661.00 2,710.00 $ $ $ $ $ $ $ $ 90,599.86 698.50 4,444.45 197.31 161.50 $ 436,400.04 $ $ 412.56 13,339.44 $ $ $ $ 2,968.20 329.80 0.49 $ $ 1,386.50 23.50 $ $ 223.25 11.75 $ 4.00 $ 8.75 $ 8.21 $ $ 0.30 175.63 $ 84.27 $ $ MICHAEL J. PFEIFER County Judge .~ ~$ '1- . '" ENTER COURT NAME: ....' ENTER MONTH 'OF REPORT ENTER YEAR OF REPORT . CODE. ..CASH BONDS ADMINISTRAT10t-l. FEE-ADIv1F, BREATHALCOHOLTESTINI3- BA"'( CONSOLlDATEDCO!-lRTiCOSTp~ CCe: . ..COURTHpU~ESECU~ITX"GH$ .c': .'" . d." ....... .CJp, CNll.JUS.TICE.DAT AREPQSIT()RY>FEE{CJ,l:>,R CORRECTiONAlMAf:'lAGEMENTI~STITUTECCMI .. . . .. '." ,,' ". .,' d < 'CR . .-' . . .'. '. ,'. CHiLDSAFEn(>,c,~ CHILDs!=A TBELtF~E'CS,!:lF; CRIME,.VI,CT1Ms .COMPENSATION'-pVC DPSC/FAllURETbAPPEAR"OMN,L:' .8PS<:; FUGITliJEAPPREHENSION ,FA GENERALREVENl.IE'i3R CRIM -IND lEGAL,SVCSSUPPORr~.IDF JUVENilE CRIME&PELlNQUE:Nc:;YC JCb . JUVENILE CASEMAt-J.A.GERFl!ND,JCIv1F JUSTICE COU~rPERSONNEl TRAllIIl.NG '.JCPf JUSTICE COURT SECURITY .FUND.~ :jCS~ "JURORSERVICE .FEE~JSF. .' LOCAL ARREST FEE:S'LAF, ....lEMI . iLEPA LEOt "OCl PARKS & WilDLIFE ARRESTFEES,PWAF .STATE.ARREST'F,EES,~SAF SCHOOL CROSSING/CHlmSAF~TYFEe: ,StF '<SUBTI-r:lEC~SUBC, TABCARRESTFEES,TAr .,'TECHNOLOGYFUN[).,:TF '.' ..~TRAFFIC:~:t~c ".". ".:UIvlEPAYMEI'iiT~lNE lOCAL & STATE WARAANT FEES ;'WRNT COLLECTION .SER'ilICE'.fEE,r;.,VB~.<,CS,i;iV , DEFENSliJE[j~I\lING:C(:)URSEi,;:bDC; , .,....:i,DEFER~ED FEE , PFF DRIViNG EXAMFEE,Pf'iPV'DL "FILlNGFEE,FFEE FILlNGFEESMAL~CLAIMS- FFSC COPIES/CEF{fiFE[j'COPIe:S',CC .IND,IGENT 'FEE"GIFF,or'lNDF, . JUDGEPj\YRAISe:FEE.jf?f\Y . ,.. .,SE:R\lIC.E,J;'Ee:'~,$~E:E . OUT,OF'COUNTXSE~iJICEFEE . e:XPUr-JGEMENTFEe:,cEXpG : .' EXPIREDRENEVvAL~E)"<PR ABSTRACT OF JUDGEMEt-lTcAOJ ALLIiv~rr:s:wpp,(lI)IqE DpSFTp;'FINE,-Dp$F '. . LOCAq'INES:cFINE LICENSE ,&VIJEIGfiT:fEE$-LVVJ; PARKS&'WILi)LIFEFINES/pVVF; SEA TBEl T/UNRESTRAINED 'CHiLD F.INE- ,S.EAT . OVERPA'(MENT{$fO&bVER)'~PVER . OVERPAYMENT (LESS:THAN~1 ojc'9\j~~ .' ... i<Re:StfTUTIOi\l?RE~T PARKS & WilDLIFE-WATER SAFETY FiNES,vvSF . .. .'. .. m" .. \/VCR TOT At ACTUAL MONE:XRECEIVED TYPE: TOTAL WARRANT FEES. .,,'" ....... . ENTER..LOCAlVV"'~R.jl.~,TF~ES,I.,ii:' STATE WARRANT. FEe:S DUE mOTHERS: DUE TO'CCISD -50% of Fine on)V cases DUE TO ~A RESTITUJIONFU~Q REFUND qF'OVER,PA'y'MEt-JTS' OUT-OF-COUNTYSERiJICEI'E:E '.' CASH BONDS PLEASE INCLUDE p, 0, REaUESTING DISBURSEMENT PLEASE INCLUDE p, 0, REQUESTING DISBURSEMENT PLEASE INCLUDE p, 0, REQUESTING DISBURSEMENT PLEASE INCLUDE p, 0, REQUESTING DISBURSEMENT PLEASE INCLUDE p, 0, REQUESTING DISBURSEMENT (IF REQUIRED) . . .... '". . .. --, . .. ... . . .. TREASURERS RECEIPTSI'ORMONTH: .... . CASH;CHEC~~;M:Cl;~'~ C:RE:plriiC:Ai;iQ~,il'i "i"::':"; ;:,i . TOTALTREAS..RECEiPTS :... MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS -j! 10/7/2010 ACCOUNT NUMBER CR 1000-001-45011 CR 1000-001-44190 CR 1000-001-44361 CR 1000-001-44010 CR 1000-001-44061 CR 1000-001-44090 CR 1000-001-49110 CR 1000-001-44145 CR 1000-999-20741 CR 1000-999-20744 CR 1000-999-20745 CR 1000-999-20746 CR 1000-999-20770 CR 2670-001-44061 CR 2720-001-44061 CR 2719-001-44061 CR 2699-001-44061 CR 7020-999-20740 CR 7070-999-20610 CR 7070-999-20740 CR 7860-999-20610 CR 7860-999-20740 CR 7950-999-20610 CR 7950-999-20740 CR 7480-999-20610 CR 7480-999-20740 COURT NAME: JUSTICE OF PEACE NO.1 MONTH OF REPORT: AUGUST! YEAR OF REPORT: 2010 i: A DMINISTRA TlVE FEES: DEFENSIVE DRIVING CHILD SAFETY TRAFFIC ADMINISTRATIVE FEES EXPUNGEMENT FEES MISCELLANEOUS STA TE ARREST FEES DPS FEES P&W FEES T ABC FEES DR 7070-999-10010 DR 7860-999-10010 DR 7950-999-10010 DR 7480-999-10010 ACCOUNT NAME FINES I SHERIFF'S FEES 29.70 0.00 64.19 246.90 0.00 0.00 TOTAL ADMINISTRATIVE FEES CONSTABLE FEES-SERVICE I JP FILING FEES COPIES /iCERTIFIED COPIES OVERPAYMENTS (LESS THAN $10) SCHOOLjCROSSING/CHILD SAFETY FEE DUE TO STATE-DRIVING EXAM FEE I DUE TO STATE-SEA TBEL T FINES I DUE TO STATE-CHILD SEATBEL T FEE DUE TO ~TATE-OVERWEIGHT FINES DUE TO JP COLLECTIONS ATTORNEY TOTAL FIN~S. ADMIN. FEES & DUE TO STATE COURTHbuSE SECURITY FUND JUSTICE ICOURT SECURITY FUND JUSTICE COURT TECHNOLOGY FUND JUVENILi CASE MANAGER FUND 66.47 0.00 0.00 I TOTAL STATE ARREST FEES CCC-GENERAL FUND I CCC-ST AifE I 1,397.70 STF/SUB<C-GENERAL FUND I STF/SU8<L:-STATE I ~1.% TP-GENERAL FUND TP-ST ATE 305.55 CIVIL INDIIGENT LEGAL-GEN. FUND I CIVIL IND.IGENT LEGAL-STATE 54.00 P~ge 1 of2 " I! AMOUNT 4,005.15 350.60 340.79 375.00 225.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 484.50 $5,781.04 $139.01 $32.99 $141.35 $0.00 66.47 139.77 1,257.93 32.10 609.85 152.78 152.77 2.70 51.30 I MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS COURT NAME: JUSTICE [OF PEACE NO.1 MONTH OF REPORT: AUGUST! YEAR OF REPORT: 2010 I CRIM-SUPP OF IND lEG SVCS-GEN FUND I CRIM-SUPP OF IND lEG SVCS-STATE I 65.99 TUFTA-GENERAl FUND I TUFT A-Sir A TE I JPAY - GENERAL FUND I JPAY - STATE I JURY RE'IMB. FUND- GEN. FUND JURY RE:IMB. FUND- STATE I 98.98 CIVil JUSTICE DATA REPOS.- GEN FUND CIVil JU~3TICE DATA REPOS.- STATE I 'l!ol: .......-~ j 101712010 CR 7865-999-20610 CR 7865-999-20740 CR 7970-999-20610 CR 7970-999-20740 CR 7505-999-20610 CR 7505-999-20740 CR 7857-999-20610 CR 7857-999-20740 CR 7856-999-20610 CR 7856-999-20740 Revised 10/1/2010 DR 7865-999-10010 DR 7970-999-10010 DR 7505-999-10010 DR 7857-999-10010 DR 7856-999-10010 151.28 197.00 TOTAL (Distrib Req to Oper Acct) DUE TO OTHERS (Distrib Re9 Affchd) CALHOUN COUNTY ISO .. DA - RESTITUTION REFUND OF OVERPAYMENTS OUT-OF-COUNTY SERVICE PEE CASH BONDS PARKS & WilDLIFE FINES WATER SAFETY FINES 0.00 50.54 745.50 0.00 0.00 0.00 16.15 i TOTAL DUE TO OTHERS TOTAL COLLECTED-ALL FUNDS I LESS:: TOTAL TREASUER'S RECEIPTS I OVER/(SHORT) Page 2 of 2 2.14 6.60 59.39 50.43 100.85 29.55 167.45 9.90 89.08 0.21 1.93 $9,075.45 $812.19 $9,887.64 $9,887.64 $0.00 I , MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS COURT NAME: JUSTICEloF PEACE NO.2 I MONTH OF REPORT: SEPTEMBER YEAR OF REPORT: 2010 I " 10/5/2010 ACCOUNT NUMBER CR 1000-001-45012 CR 1000-001-44190 CR 1000-001-44362 CR 1000-001-44010 CR 1000-001-44062 CR 1000-001-44090 CR 1000-001-49110 CR 1000-001-44145 CR 1000-999-20741 CR 1000-999-20744 CR 1000-999-20745 CR 1000-999-20746 CR 1000-999-20770 CR 2670-001-44062 CR 2720-001-44062 CR 2719-001-44062 CR 2699-001-44062 CR 7020-999-20740 CR 7070-999-20610 CR 7070-999-20740 CR 7860-999-20610 CR 7860-999-20740 CR 7950-999-20610 CR 7950-999-20740 CR 7480-999-20610 CR 7480-999-20740 ADMINISTRA TIVE FEES: DEFENSIVE DRIVING CHILD SAFETY TRAFFIC ADMINISTRATIVE FEES EXPUNGEMENT FEES MISCELLANEOUS STA TE ARREST FEES DPS FEES P&W FEES TABC FEES DR 7070-999-10010 DR 7860-999-10010 DR 7950-999-10010 DR 7480-999-10010 I ACCOUNT NAME FINES I SHERIFF'S FEES 49.50 0.00 89.06 239.90 0.00 , 0.00 i TOTAL ADMINISTRATIVE FEES CONSTABLE FEES-SERVICE JP FILING FEES COPIES [/ CERTIFIED COPIES OVERPAYMENTS (LESS THAN $10) SCHOO~ CROSSING/CHILD SAFETY FEE I DUE TOiSTATE-DRIVING EXAM FEE DUE TOISTATE-SEATBEL T FINES DUE TO STATE-CHILD SEATBEL T FEE DUE TO STATE-OVERWEIGHT FINES DUE TO:JP COLLECTIONS ATTORNEY TOTAL FINES, ADMIN. FEES & DUE TO STATE I COURTHOUSE SECURITY FUND I JUSTICE COURT SECURITY FUND I JUSTICE COURT TECHNOLOGY FUND I JUVENILE CASE MANAGER FUND 164.51 3.23 0.00 TOTAL STATE ARREST FEES CCC-GENERAL FUND I CCC-SliA TE I 2,221.11 STF/SUBC-GENERAL FUND I STF/SUBC-STATE I TP-GENERAL FUND I TP-ST ATE I 350.67 CIVIL INDIGENT LEGAL-GEN. FUND I CIVIL II':JDIGENT LEGAL-STATE I 30.00 890.93 Page 1 of2 AMOUNT 5,629.30 938.40 378.46 375.00 125.00 0.00 4.00 33.74 0.00 0.00 0.00 0.00 1,428.30 $8,912.20 $209.11 $49.54 $214.11 $0.00 167.74 222.11 1,999.00 44.55 846.38 175.34 175.33 1.50 28.50 I MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS I COURT NAME: JUSTICE OF PEACE NO.2 I MONTH OF REPORT: SEPTEMBER YEAR OF REPORT: 2010 I I CRIM-SUPP OF IND LEG SVCS-GEN FUND I CRIM-SUPP OF IND LEG SVCS-STATE I 95.05 TUFTA-GENERAL FUND TUFT A-5T A TE I JPAY - GENERAL FUND JPAY - S,l-ATE I JURY REIMB. FUND- GEN. FUND I JURY RIEIMB. FUND- STATE 10/5/2010 CR 7865-999-20610 CR 7865-999-20740 CR 7970-999-20610 CR 7970-999-20740 CR 7505-999-20610 CR 7505-999-20740 CR 7857-999-20610 CR 7857-999-20740 CR 7856-999-20610 CR 7856-999-20740 Revised 10/1/2010 DR 7865-999-10010 DR 7970-999-10010 429.89 DR 7505-999-10010 293.18 9.51 85.54 143.30 286.59 43.98 249.20 DR 7857-999-10010 14.96 134.65 I 149.61 CIVIL JqSTICE DATA REPOS.- GEN FUND CIVIL JUSTICE DATA REPOS.- STATE DR 7856-999-10010 2.66 0.27 2.39 TOTAL (Distrib Req to Oper Acct) $14,015.80 DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD DA - RESTITUTION REFUND OF OVERPAYMENTS OUT-OF-COUNTY SERVICE FEE CASH BONDS PARKS & WILDLIFE FINES WATER SAFETY FINES 0.00 62.75 385.00 0.00 0.00 624.75 21.25 I I TOTAL DUE TO OTHERS TOTAL COLLECTED-ALL FUNDS i LESS: TOTAL TREASUER'S RECEIPTS I OVER/(SHORT) I I $1,093.75 $15,109.55 $15,109.55 $0.00 Page 2 of2 ! .& ~ 09/30/2010 Page 3 -----------------------------------.--------------------------------------- ------------------------------------------------------ The following totals represent - Cash and Checks Collected Type Code Description Count Retained Disbursed Money-Totals The following totals represent - Cash and Checks Collected COST CCC CONSOLIDATED COURT COSTS 14 51.51 463.62 515.13 + 40,00.::5'5'5, \3 COST CHS COURTHOUSE SECURITY 14 51.51 0.00 51.51 +- ~.()()~ ~$.51 COST CJDD CIVIL JUSTICE DATA DEPOSITORY FEE 10 0.09 0.80 o . 89 +- . IO~ ,9Q COST CMI CORRECTIONAL MANAGEMENT INSTITUTE 0 0.00 0.00 0.00 COST CVC COMPENSATION TO VICTIMS OF CRIME 0 0.00 0.00 0.00 COST DPSC OMNI 1 9.90 20.10 30.00 COST FA FUGITIVE APPREHENSION 0 0.00 0.00 0.00 ~7 .7 S- COST IDF INDIGENT DEFENSE FUND 14 2.57 23.18 25 .7ST C? 00 ::. COST JCD JUVENILE CRIME AND DELINQUENCY 0 0.00 0.00 0.00 COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING 0 0.00 0.00 0.00 13.8~ COST JCSF JUSTICE COURT SECURITY FUND 14 12.88 0.00 12.88 +- I .'00 :; COST JPAY JPAY DISTRICT JUDGE PAY RAISE FEE 14 11.59 65.67 77.26 + ~.eo::: ~~.~~ COST JSF JUROR SERVICE FUND 14 3.86 34.79 38.65 + 3.Q \:)~ 41.(Qtl COST LAF SHERIFF'S FEE 7 31. 95 0.00 31.95 3.&0 =- 3 ,,?li II COST SAF DPS 6 21.95 5.49 27.44 + 30 .CO':: ,;:,5"~. 3'-/ COST SUBC SUBTITLE C 12 16.32 310.02 326.34 + COST TF TECHNOLOGY FUND 14 51.51 0.00 51.51 + . 4 00':: S5". S" I COST TFC TFC 12 32.63 0.00 32.63 ... 3'.'V 'b=. 35'./.,;3 COST TIME TIME PAYMENT FEE 5 48.48 48.48 96.96 COST WRNT WARRANT FEE 3 150.00 0.00 150.00 FEES CIFF CIVIL INDIGENT FILING FEE 7 2.10 39.90 42.00 FEES CSRV COLLECTION SERVICE FEE 2 136.60 0.00 136.60 FEES CVFF CIVAL FILING FEE 3 75.00 0.00 75.00 FEES DFF DEFERRED FEE 0 0.00 0.00 0.00 FEES FFEE FI LI NG FEE 4 100.00 0.00 100.00 FEES SF SERVICE FEE 6 450.00 0.00 450.00 FINE DPSF DPS FTA FINE 0 0.00 0.00 0.00 M./lO~lj ~4.?SO FINE FINE FINE 13 1,615.60 0.00 1,615.60 + Money Totals 21 2,876.05 1,012.05 3,888.10 + 1/5.0'0 =- 4jDc>3./0 The following totals represent - Transfers Collected COST CCC CONSOLIDATED COURT COSTS 0 0.00 0.00 0.00 COST CHS COURTHOUSE SECURITY 0 0.00 0.00 0.00 COST CJDD CIVIL JUSTICE DATA DEPOSITORY FEE 0 0.00 0.00 0.00 COST CMI CORRECTIONAL MANAGEMENT INSTITUTE 0 0.00 0.00 0.00 COST CVC COMPENSATION TO VICTIMS OF CRIME 0 0.00 0.00 0.00 COST DPSC OMNI 0 0.00 0.00 0.00 COST FA FUGITIVE APPREHENSION 0 0.00 0.00 0.00 COST IDF INDIGENT DEFENSE FUND 0 0.00 0.00 0.00 COST JCD JUVENILE CRIME AND DELINQUENCY 0 0.00 0.00 0.00 COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING 0 0.00 0.00 0.00 COST JCSF JUSTICE COURT SECURITY FUND 0 0.00 0.00 0.00 COST JPAY JPAY DISTRICT JUDGE PAY RAISE FEE 0 0.00 0.00 0.00 COST JSF JUROR SERVICE FUND 0 0.00 0.00 0.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 I Ii . [I 09/30/2010 Money Distribution Report _________________________________________~~:~~_~~~~_~~_~~~~_~~~~_~~~~~~~~~j~~~THLY REPORT Page 4 ~ ----------------------------------------------------- The following totals represent - Transfers Collected I Type Code Description Count Retained I Disbursed Money-Totals COST SAF DPS 0 0.00 0.00 0.00 COST SUBC SUBTITLE C 0 0.00 0.00 0.00 COST TF TECHNOLOGY FUND 0 0.00 0.00 0.00 COST TFC TFC 0 0.00 0.00 0.00 COST TIME TIME PAYMENT FEE 0 0.00 0.00 0.00 COST IJRNT IJARRANT FEE 0 0.00 0.00 0.00 FEES CIFF CIVIL INDIGENT FILING FEE 0 0.00 0.00 D.OO FEES CSRV COLLECTION SERVICE FEE 0 0.00 0.00 0.00 FEES CVFF CIVAL FILING FEE 0 0.00 0.00 0.00 FEES DFF DEFERRED FEE 0 0.00 0.00 0.00 FEES FFEE FILING FEE 0 0.00 0.00 0.00 FEES SF SERVICE FEE 0 0.00 0.00 0.00 FINE DPSF DPS FTA FINE 0 0.00 0.00 0.00 FINE FINE FINE 0 0.00 0.00 0.00 Transfer Totals 0 0.00 0.00 0.00 The following totals represent - Jail Credit and Community Service COST CCC CONSOLIDATED COURT COSTS 7 25.70 231.30 257.00 COST CHS COURTHOUSE SECURITY 7 27.00 0.00 27.00 COST CJDD CIVIL JUSTICE DATA DEPOSITORY FEE 5 0.05 0.45 0.50 COST CMI CORRECTIONAL MANAGEMENT INSTITUTE 1 0.05 0.45 0.50 COST CVC COMPENSATION TO VICTIMS OF CRIME 1 1.50 13.50 15.00 COST DPSC OMNI 1 9.90 20.10 30.00 COST FA FUGITIVE APPREHENSION 1 0.50 4.50 5.00 COST IDF INDIGENT DEFENSE FUND 6 1.20 10.80 12.00 COST JCD JUVENILE CRIME AND DELINQUENCY 1 0.05 0.45 0.50 COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING 1 0.20 1.80 2.00 COST JCSF JUSTICE COURT SECURITY FUND 6 6.00 0.00 6.00 COST JPAY JPAY DISTRICT JUDGE PAY RAISE FEE 6 5.40 30.60 36.00. COST JSF JUROR SERVICE FUND 6 1.80 16.20 18.00 COST LAF SHERIFF I S FEE 3 15.00 0.00 15.00 COST SAF DPS 2 8.00 2.00 10.00 COST SUBC SUBTITLE C 5 7.50 142.50 150.00 COST TF TECHNOLOGY FUND 7 28.00 0.00 28.00 COST TFC TFC 5 15.00 0.00 15.00 COST TIME TIME PAYMENT FEE 2 25.00 25.00 50.00 COST IJRNT IJARRANT FEE 4 200.00 0.00 200.00 FEES CIFF CIVIL INDIGENT FILING FEE 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVICE FEE 6 578.00 0.00 578.00 FEES CVFF CIVAL FILING FEE 0 0.00 0.00 0.00 FEES OFF DEFERRED FEE 3 299.70 0.00 299.70 FEES FFEE FILING FEE 0 0.00 0.00 0.00 FEES SF SERVICE FEE 0 0.00 0.00 0.00 FINE DPSF DPS FTA FINE 1 295.00 0.00 295.00 FINE FINE FINE 4 549.30 0.00 549.30 Credit Totals 9 2,099.85 499.65 2,599.50 .' 09/30/2010 Money Disthbution Report Page 5 I JUDGE GARY Y. NOSKA JP3- SEPT.2010 MONTHLY REPORT ----------------------------------------------------------------------------l------------------------------------------------------- The following totals represent - Credit Card Payments Type Code Description Count Retained Disbursed Money-Totals The following totals represent - Credit Card Payments COST CCC CONSOLIDATED COURT COSTS 1 4.00 36.00 40.00 COST CHS COURTHOUSE SECURITY 1 4.00 0.00 4.00 COST CJDD CIVIL JUSTICE DATA DEPOSITORY FEE 1 0.01 0.09 0.10 COST CMI CORRECTIONAL MANAGEMENT INSTITUTE 0 0.00 0.00 0.00 COST CVC COMPENSATION TO VICTIMS OF CRIME 0 0.00 0.00 0.00 COST DPSC OMNI 0 0.00 0.00 0.00 COST FA FUGITIVE APPREHENSION 0 0.00 0.00 0.00 COST IDF INDIGENT DEFENSE FUND 1 0.20 1.80 2.00 COST JCD JUVENILE CRIME AND DELINQUENCY 0 0.00 0.00 0.00 COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING 0 0.00 0.00 0.00 COST JCSF JUSTICE COURT SECURITY FUND 1 / 1.00 0.00 1.00 COST JPAY JPAY DISTRICT JUDGE PAY RAISE FEE 1 0.90 5.10 6.00 COST JSF JUROR SERVICE FUND 1 0.30 2.70 3.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST SAF DPS 1 4.00 1.00 5.00 COST SUBC SUBTITLE C 1 1.50 28.50 30.00 COST TF TECHNOLOGY FUND 1 4.00 0.00 4.00 COST TFC TFC 1 3.00 0.00 3.00 COST TIME TIME PAYMENT FEE 0 0.00 0.00 0.00 COST YRNT YARRANT FEE 0 0.00 0.00 0.00 FEES CIFF CIVIL INDIGENT FILING FEE 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVICE FEE 0 0.00 0.00 0.00 FEES CVFF CIVAL FILING FEE 0 0.00 0.00 0.00 FEES OFF DEFERRED FEE 0 0.00 0.00 0.00 FEES FFEE FI LING FEE 0 0.00 0.00 0.00 FEES SF SERVICE FEE 0 0.00 0.00 0.00 FINE DPSF DPS FTA FINE 0 0.00 0.00 0.00 FINE FINE FINE 1 16.90 0.00 16.90 Credit Totals 39.81 75.19 115.00 The following totals represent - Combined Money and Credits COST CCC CONSOLIDATED COURT COSTS 22 81.21 730.92 812.13 COST CHS COURTHOUSE SECURITY 22 82.51 0.00 82.51 COST CJDD CIVIL JUSTICE DATA DEPOSITORY FEE 16 0.15 1.34 1.49 COST CMI CORRECTIONAL MANAGEMENT INSTITUTE 1 0.05 0.45 0.50 COST CVC COMPENSATION TO VICTIMS OF CRIME 1 1.50 13.50 15.00 COST DPSC OMNI 2 19.80 40.20 60.00 COST FA FUGITIVE APPREHENSION 1 0.50 4.50 5.00 COST IDF INDIGENT DEFENSE FUND 21 3.97 35.78 39.75 COST JCD JUVENILE CRIME AND DELINQUENCY 1 0.05 0.45 0.50 COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING 1 0.20 1.80 2.00 COST JCSF JUSTICE COURT SECURITY FUND 21 19.88 0.00 19.88 COST JPAY JPAY DISTRICT JUDGE PAY RAISE FEE 21 17.89 101.37 119.26 COST JSF JUROR SERVICE FUND 21 5.96 53.69 59.65 COST LAF SHERIFF'S FEE 10 46.95 0.00 46.95 09/30/2010 M DO."b. I oney lstrl utlon Repor~ JUDGE GARY W. NOSKA JP3- SEPT.2010 MONTHLY REPORT Page 6 The following totals represent - Combined Money and Credits Type Code Description Count Retained Disbursed Money-Totals COST SAF DPS 9 33.95 8.49 42.44 COST SUBC SUBTITLE C 18 25.32 481.02 506.34 COST TF TECHNOLOGY FUND 22 83.51 0.00 83.51 COST TFC TFC 18 50.63 0.00 50.63 COST TIME TIME PAYMENT FEE 7 73.48 73.48 146.96 COST WRNT WARRANT FEE 7 350.00 I 0.00 350.00 FEES CIFF CIVIL INDIGENT FILING FEE 7 2.10 I 39.90 42.00 FEES CSRV COLLECTION SERVICE FEE 8 714.60 0.00 714.60 FEES CVFF CIVAL FILING FEE 3 75.00 0.00 75.00 FEES DFF DEFERRED FEE 3 299.70 0.00 299.70 FEES FFEE FILING FEE 4 100.00 0.00 100.00 FEES SF SERVICE FEE 6 450.00 0.00 450.00 FINE DPSF DPS FTA FINE 1 295.00 0.00 295.00 FINE FINE FINE 18 2,181.80 0.00 2,181.80 Report Totals 31 5,015.71 1,586.89 6,602.60 " . , 09/30/2010 Money Distribution Report Page 7 JUDGE GARY W. NOSKA JP3- SEPT.2010 MONTHLY REPORT ----------------------------------------------------------------------------~------------------------------------------------------- II DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS REST! TUT! ON OTHER TOTAL 00-00-0000 Cash & Checks Collected 0.00 0.00 oloo 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 oloo 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 oJoo 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0:00 0.00 0.00 0.00 0.00 " 09-01-1991 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1993 Cash & Checks Collected 0.00 0.00 I 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 I 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0:00 I O.()O 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 I 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 I 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 I 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 01'00 0.00 0.00 0.00 0.00 0.00 09-01-1997 Cash & Checks Collected I 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits &, Comm Service 0.00 0.00 I 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 I 0.00 0.00 0.00 0.00 0.00 0.'00 I Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1999 Cash & Checks Collected 0.00 0.00 I 0.00 0.00 0.0,0 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 I 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 I 09-01-2001 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I Credit Cards & Transfers 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 I 09-01-2003 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00' I Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 I 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 1,468.90 I 01-01-2004 Cash & Checks Collected 1,615.60 803.60 0.00 0.00 0.00 3,888.10 I Jail Credits & Comm Service 844.30 877.50 877.7q 0.00 0.00 0.00 2,599.50 Credit Cards & Transfers 16.90 98.10 0.00 0.00 0.00 0.00 115.00 Total of all Collections 2,476.80 2,444.50 1,681.31 0.00 0.00 0.00 6,602.60 TOTALS Cash & Checks Collected 1,615.60 1,468.90 803.601 0.00 0.00 0.00 3,888.10 Jail Credits & Comm Service 844.30 877.50 877.70, 0.00 0.00 0.00 2,599.50 Credit Cards & Transfers 16.90 98.10 0.001 0.00 0.00 0.00 115.00 Total of all Collections 2,476.80 2,444.50 1,681.30 0.00 0.00 0.00 6,602.60 . ~ .. ,." I 09/30/2010 Money Distribution Reporlt JUDGE GARY Y. NOSKA JP3- SEPT.2010 MONTHLY REPORT I --------------------------------------------------------------~-------------I------------------------------------------------------- ::::e of Tex::':-'::::::: Repo,t;n, Tot.L. 'INES COURT-COsTS 'iES OONOS RESTITUTION OTNER TOTAL Page 8 Description Count Collected Retained Disbursed State Comptroller Cost and Fees Report Section I: Report for Offenses Committed 01-01-04 Forward 15 555.13 55.51 499.62 09-01-01 - 12-31-03 0 0.00 0.00 0.00 08-31-99 - 08-31-01 0 0.00 0.00 0.00 09-01-97 - 08-30-99 0 0.00 0.00 0.00 09-01-91 - 08-31-97 0 0.00 0.00 0.00 Bail Bond Fee 0 0.00 0.00 0.00 DNA Testing Fee - Convictions 0 0.00 0.00 0.00 DNA Testing Fee - Comm Supvn 0 0.00 0.00 0.00 DNA Testing Fee - Juvenile 0 0.00 0.00 0.00 EMS Trauma Fund (EMS) 0 0.00 0.00 0.00 Juvenile Probation Diversion Fees 0 0.00 0.00 0.00 Jury Reimbursement Fee 15 41.65 4..16 37.49 Indigent Defense Fund 15 27.75 2.77 24.98 Moving Violation Fees 11 0.99 0.10 0.89 State Traffic Fine 13 356.34 17.82 338.52 Section II: As Applicable Peace Officer Fees 7 32.44 25.95 6.49 Failure to Appear/Pay Fees 1 30.00 9.90 20.10 Judicial Fund - Const County Court 0 0.00 0.00 0.00 Judicial Fund - Statutory County Court 0 0.00 0.00 0.00 Motor Carrier Yeight Violations 0 0.00 0.00 0.00 Time Payment Fees 5 96.96 48.48 48.48 Driving Record Fee 0 0.00 0.00 0.00 Judicial Support Fee 15 83.26 12.49 70.77 Report Sub Total 97 1,224.52 177 .18 1,047.34 State Comptroller Civil Fees Report CF: Birth Certificate Fees 0 0.00 0.00 0.00 CF: Marriage license Fees 0 0.00 0.00 0.00 CF: Declaration of Informal Marri age 0 0.00 0.00 0.00 CF: Nondisclosure Fees 0 0.00 0.00 0.00 CF: Juror Donations 0 0.00 0.00 0.00 CF: Justice Court Indig Filing Fees 7 42.00 2.10 39.90 CF: Stat Prob Court Indig F il i ng Fees 0 0.00 0.00 0.00 CF: Stat Prob Court Judic F il i ng Fees 0 0.00 0.00 0.00 .CF: Stat Cnty Court Indig F il i ng Fees 0 0.00 0.00 0.00 CF: Stat Cnty Court Judic Filing Fees 0 0.00 0.00 0.00 CF: Cnst Cnty Court Indig Filing Fees 0 0.00 0.00 0.00 CF: Cnst Cnty Court Judic Filing Fees 0 0.00 0.00 0.00 CF: Dist Court Divorce & Family law 0 0.00 0.00 0.00 CF: Dist Court Other Divorce/Family law 0 0.00 0.00 0.00 CF: Dist Court Indig Legal Services 0 0.00 0.00 0.00 CF: Judicial Support Fee 0 0.00 0.00 0.00 Report Sub Total 7 42.00 2.10 39.90 Total Due For This Period 104 1,266.52 179.28 1,087.24 ~~, . ii' I- i -:; 10/5/2010 ACCOUNT NUMBER CR 1000-001-45014 CR 1000-001-44190 CR 1000-001-44364 CR 1000-001-44010 CR 1000-001-44064 CR 1000-001-44090 CR 1000-001-49110 CR 1000-001-44145 CR 1000-999-20741 CR 1000-999-20744 CR 1000-999-20745 CR 1000-999-20746 CR 1000-999-20770 CR 2670-001-44064 CR 2720-001-44064 CR 2719-001-44064 CR 2699-001-44064 CR 7020-999-20740 CR 7070-999-20610 CR 7070-999-20740 CR 7860-999-20610 CR 7860-999-20740 CR 7950-999-20610 CR 7950-999-20740 CR 7480-999-20610 CR 7480-999-20740 ADMINISTRA T1VE FEES: DEFENSIVE DRIVING CHILD SAFETY TRAFFIC ADMINISTRATIVE FEES EXPUNGEMENT FEES MISCELLANEOUS STATE ARREST FEES DPS FEES P&W FEES T ABC FEES DR 7070-999-10010 DR 7860-999-10010 DR 7950-999-10010 DR 7480-999-10010 r I ACCOUNT N,AME FINES SHERIFr FEES 29.70 0.00 27.00 182.90 0.00 0.00 I TOTAL ADMINISTRATIVE FEES CONSTABLE FEES-SERVICE I JP FILING FEES COPIES I CERTIFIED COPIES OVERPAr' MENTS (LESS THAN $10) SCHOOL CROSSING/CHILD SAFETY FEE I DUE TO STATE-DRIVING EXAM FEE DUE TO STATE-SEATBELT FINES I DUE TO STATE-CHILD SEATBELT FEE I DUE TO STATE-OVERWEIGHT FINES DUE TO JP COLLECTIONS ATTORNEY TOTAL FINES, ADMIN. FEES & DUE TO STATE COURTHbuSE SECURITY FUND JUSTICE ICOURT SECURITY FUND JUSTICE \COURT TECHNOLOGY FUND JUVENILE CASE MANAGER FUND I 1 32.46 5.75 0.00 TOTAL STATE ARREST FEES CCC-GENERAL FUND I CCC-ST AifE I 709.83 STF/SUB([;-GENERAL FUND I STF/SUB([;-STATE I TP-GENERAL FUND TP-ST A TEE I CIVIL INDiGENT LEGAL-GEN. FUND CIVIL IND!GENT LEGAL-STATE I 270.00 68.66 0.00 Page 1 of 2 AMOUNT 752.50 187.84 239.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,179.94 $70.99 $17.75 $70.99 $0.00 38.21 70.98 638.85 13.50 256.50 34.33 34.33 0.00 0.00 MONTHL Y REPORT OF COLLECTlbNS AND DISTRIBUTIONS I 10/5/2010 COURT NAME: JUSTICE OF PEACE NO.4 I'i i MONTH OF REPORT: SEPTEMBER YEAR OF REPORT: 2010 CR 7865-999-20610 CR 7865-999-20740 CR 7970-999-20610 CR 7970-999-20740 CR 7505-999-20610 CR 7505-999-20740 CR 7857-999-20610 CR 7857-999-20740 CR 7856-999-20610 CR 7856-999-20740 Revised 10/01/10 DR 7865-999-10010 DR 7970-999-10010 DR 7505-999-10010 DR 7857-999-10010 DR 7856-999-10010 CRIM-SUPP OF IND LEG SVCS-GEN FUND CRIM-SU,PP OF IND LEG SVCS-STATE I 35.49 TUFTA-GENERAL FUND TUFT A-~T A TE JPAY-GkNERALFUND I JPAY - STATE 84.00 I JURY REIMB. FUND- GEN. FUND I JURY REIMB. FUND- STATE I 53.24 CIVIL JUSTICE DATA REPOS.- GEN FUND I CIVIL JUSTICE DATA REPOS.- STATE I 0.90 TOTAL (Distrib Req to Oper Acct) DUE TO OTHERS (Distrib Req Attchd) CALHOUN COUNTY ISD DA - RESTITUTION REFUND OF OVERPAYMENTS OUT-OF-COUNTY SERVICE FEE CASH BONDS PARKS & WILDLIFE FINES WATER SAFETY FINES 0.00 0.00 0.00 0.00 0.00 765.00 0.00 , , , I TOTAL DUE TO OTHERS I TOTAL COLLECTED-ALL FUNDS I LESS: TOTAL TREASUER'S RECEIPTS I OVER/(SHORT) Page 2 of 2 0.00 3.55 31.94 0.00 0.00 12.60 71.40 5.32 47.92 0.09 0.81 $2,600.00 $765.00 $3,365.00 $3,365.00 , $0.00 "", it ~.1': .J , :.~..:..~:.+~~\:1<>i~~4~...,................ CALHOU N COl;l.. NTY (' ~ I: ) 201 West Austin '~~.,.,,,.......,,,.<,../-l1J{~;. Port Lavaca, Texas 77979 ~... DISTRIBUTION REQUEST ,- " DR# 480 A 40456 PAYEE Name: Address: City: State: Calhoun County Oper. Acct. I PAYlOR Official: , Title: James Dworaczyk Justice of the Peace, Pet. 4 Zip: Phone: ., f:!1'!I."> . ''''e ,.;:"t}?;. '.... ;;,> ::":.,' '{'.X ~.jl I 7544.999.20759.999 JP4 Monthly Collections - Distribution I $2,600.00 I I SEPTEMBER I 2010 I I i I I I I : I I V# 967 I I I I I TOTAL 2,600.00 CALHOUN COUNTY : 201 West Austin Port Lavaca, Texas 77979 DISTRIBUTION REQUEST DR# 480 B 40456 PAYEE Name: Texas Parks & Wildlife Address: City: State: Zip: Phone: I PAYPR Official: Titl~: I James Dworaczyk Justice of the Peace, Pct. 4 _M~rI~~MB!~~. ~tRI~TibN.~~~ .~~, ."................... -,-.,..., .,.,-'" '-'. , --_;~"--*:.a.:_J,'''"''''''''.;"' r' ,,~,*~.. . "":""':".__ .... ';,~i:;.' ',.,c,' .',. ,~4~:', I 7544-999-20759-999 JP4 . Parks & Wildlife Fines I $ 599.25 SEPTEMBER I 2010 I I I Ii V# 7603 . il TOTAL 599.25 " c: 0 0 0 0 _ 0 0 0 0 02 0 Q) U) C! ~ C! ~ 1iio ~ a> C.!!! C! C! C Cl a> a> Cl 0 0 0 0 01;) 0 ;:; 0 ;:; .S!~ C! C! C! N /h I() iJ; .>< 2l<( I() ~ ~ C! "" ~ N co .>< .<: 0 U _3: Q) on 0 0 0 on .<: '0 ,... 0 on 0 ... U OlL ~ iii 3 iii en :?;o c ~S co co lXl '" c: '" onQ) ... ... on '" 0 lXl c: 0 E. ii: .,. .,. .,. .,. .,. U <( 0 0 0 0 S~ 0 0 0 0 ..; ..; ..; ..; o .- I"- co (') co I-LL '<t ~ N ~ /h /h /h /h U) 0 0 0 0 t:::81 0 0 0 0 "'!!: ci ..; ..; ..; o U) '<t co co co U'0 ~ 0 /h /h /h /h :.::: U ~ 0 0 0 0 0 U 0 0 0 0 0 a:: Q) ..; ci ci ci ..; C5 c: (') 0 I"- 0 0 u:: (') ~ ~ ~ I"- :s: /h /h /h /h /h C W (!) ~ ~ ~ ~ C III :J Q) ...., 0: 5 5 5 5 LL (!) (!) (!) (!) 0 W U UI ii: Z Z ..J LL m Ow 0 ~ 0 a:: j::~ ~ 0 W W :SUlJ: I- J: l- I- Q) m offi~ 0 U) >- >- c: :>~Ll; :> IX! ~ 0 C W I-:Jc I- 0 N ~m~ W W (ij :.::: I- U UI J: U a:: a:: -WlL j:: 0 W I-UlW lL C !!::mw lL W Z a::OJ: 1i: a:: :J I- lL m I- Q) IX! E Z >- J: J: III ~ :J Z Z Z ...i J: ::::; ::::; U) 'L. ..J Z Z Z .9 W a:: W W W III a:: >- >- >- '0 W :J :J :J :> J: (!) (!) (!) m Z Z Z a:: a:: a:: IX! N tlf tlf UJ ;.: W 'L. Q) :J :J :J ~ E W (!) (!) (!) ..J IE III m Z Z Z OZ 0 ~ ~ ~ :!: 0 0 0 C C C '<t UI "" 0 co 0 a> W ci Z c: co I() '" I() ~ co '<t '<t '<t Z ii: co 0 0 0 W Wo .ll! ~ N N N a> a> a> ~ LL... U <( <( <( ~~ lL =0:: LL 3:w "" a; I() I() '<t .0 olllD Qj N (') N W 0 (') (') (') U m== .>< 0 0 0 0 j:: :.:::w g ;:; ;:; ;:; ;:; m a::li: C N N N N :J <(w ...., lLUI 10/05/2010 Money Distribution Report Page , I ------------------------------------ --------------------------- --------------------------- --------------------------- ----------- Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total I 3928505 2010-302 09-01-2010 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 199.00 I MARTINEZ, SUANN JCSF 1.00 JSF 3.00 IDF 2.0q CJDR 0.10 OFF 100.90 JPAY 6.00 Cash 3928506 2010-081 09-01-2010 CCC 40.00 CHS 4.00 PWAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 475.00 I SHERRELL, IAN ANTHONY JCSF 1.00 JSF 3.00 IDF 2.00 PWF 335.00 JPAY 6.00 CC S/O Personal Check I 3928507 2010-296 09-02-2010 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 180.00 HERNANDEZ, AZAEL SALINAS JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 FINE 81.90 JPAY 6.00 Money Order I 3928508 2010-326 09-02-2010 TFC 3.00 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 SUBC 30.00 108.00 1.00 1 DENTON, DANIEL ALEXANDER JCSF JSF 3.00 IDF 2.00 CJDR 0..10 DOC 9.90 JPAY 6.00 Cash :1 I , 3928509 2010-330 09-02-2010 TFC 3.00 CCC 40.00 CHS 4.od LAF 5.00 TF 4.00 SUBC 30.00 108.00 1.00 3.00 I I KISIAH, JOHN THOMAS IV JCSF JSF IDF 2.00 CJDR 0.10 DOC 9.90 JPAY 6.00 Money Order I 3928511 2010-238 09-07-2010 OFF 72.00 1 72.00 ERWIN, SPENCER WAYNE 4.00[ Money Order 3928512 2010-293 09-07-2010 TFC 3.00 CCC 40.00 CHS SAF 5.00 TF 4.00 SUBC 30.00 300.00 ROCHA, VICTOR ALFONSO JCSF 1.00 JSF 3.00' IDF 2.001 CJDR 0.10 FINE 201.90 JPAY 6.00 Cash 3928513 2010-205 09-07-2010 WRNT 50.00 FINE 5.00'1 55.00 MCCREE, KATHI SCHMECKPEPER Money Order 3928516 2010060141 09-08-2010 CCC 40.00 CHS 4.00,1 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 310.00 BROWN, CHARLES WADE IDF 2.00 FINE 245.00,! JPAY 6.00 Jail Credit 3928517 2010-324 09-14-2010 CCC 40.00 CHS 4.00 PWAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 165.00 NGUYEN, LINH ANH IDF 2.00 JPAY 6.00 PWF 100.00 Personal Check i II 3928518 2010-339 09-14-2010 CCC 40.00 CHS 4.001! PWAF 5.00! TF 4.00 JCSF 1.00 JSF 3.00 260.00 NGUYEN, LINH ANH IDF 2.00 PWF 195.00 JPAY 6.00 Personal Check 3928519 2010-272 09-16-2010 CCC 40.00 CHS 4.00 SAF 5.00 TIME 25.00 TF 4.00 JCSF 1.00 205.00 .DELOSSANTOS, GREGORIO JSF 3.00 IDF 2.00" FINE 115.00, JPAY 6.00 Cash 3928520 2010-334 09-16-2010 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 160.00 BRYAN, GEORGE ALLEN IDF 2.00 FINE 95.00 JPAY 6.00 Cash 3928521 2010-301 09-16-2010 TFC 3.00 CCC 4o.001il CHS 4.00. LAF 5.00 TF 4.00 SUBC 30.00 100.00 NORMAN, BRANDON DAWAYNE JCSF 1.00 JSF 3.00 I IDF 2.00 CJDR 0.10 FINE 7.90 Money Order I 3928522 2010-341 09-20-2010 TFC 3.00 CCC 40.00 I CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 100.00 TALBOTT, WENDY MIDDAUGH JCSF 1.00 JSF 3.00d IDF 2.00 CJDR 0.10 FINE 7.90 Cash I 3928523 2010-325 09-20-2010 CCC 40.00 CHS 4.00 I PWAF 5.00 I TF 4.00 JCSF 1.00 JSF 3.00 165.00 NGUYEN, HUY BENJAMIN IDF 2.00 JPAY 6.00 I PWF 100.00 I Cash I I 3928524 2010-263 09-22-2010 CCC 40.00 CHS 4.00,iI SAF 5.00 I WRNT 50.00 TIME 25.00 TF 4.00 375.00 HARTMAN, JAMIE RENNE JCSF 1.00 JSF 3.00 I IDF 2.00 i I FINE 235.00 JPAY 6.00 Jail Credit I I 3928525 2010-259 09-22-2010 CCC 40.00 CHS 4.00 I SAF 5.00 I WRNT 50.00 TIME 25.00 TF 4.00 195.00 DEAN, SHAWN EDGAR JCSF 1.00 JSF 3.00 ,I IDF 2.00.1 FINE 55.00 JPAY 6.00 Jail Credit ij 'I ,', 10/05/2010 _______________~~~~~_::::~:~~::~~_:~~~~l_______________ Page 2 --.--------------------------------- ----------...-- -....._----_...-...- -_...._..-...-.... I Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total ,! ! 3928526 2010-259A 09-22-2010 CCC 40.00 CHS 4.00 SAF 5.00 WRNT 50.00 TF 4.00 JCSF 1.00 392.00 I DEAN, SHAWN EDGAR JSF 3.00 IDF 2.00 FINE 277.00 JPAY 6.00 Jail Credit I 3928527 2010-236 09-22-2010 CCC 29.83 CHS 2.99 PWAF 3.73 WRNT 37.32 TIME 18.66 TF 2.99 100.00 I CARRILES, PAUL JCSF 0.75 JSF 2.24 IDF 1.49 Money Order I 3928528 2010-345 09-28-2010 EXRF 10.00 ! 10.00 COLLINS, JIMMY CHRISTOPHER Money Order i 3928529 2010-342 09-28-2010 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 108.00 I COLLINS, JIMMY CHRISTOPHER JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 DDC 9.90 JPAY 6.00 Money Order I 3928530 2010-328 09-28-2010 CCC 40.00 CHS 4.00 SAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 160.00 I FOGLEMAN, CLAY THOMPSON IDF 2.00 FINE 95.00 JPAY 6.00 Money Order i 3928531 2010-311 09-28-2010 TFC 3.00 CCC 40.00 CHS 4.00 LAF 5.00 TF 4.00 SUBC 30.00 100.00 MYERS, JOSEPH MICHAEL JCSF 1.00 JSF 3.00 IDF 2.00 CJDR 0.10 FINE 7.90 Money Order i 3928532 2010-335 09-29-2010 CCC 40.00 CHS 4.00 PWAF 5.00 TF 4.00 JCSF 1.00 JSF 3.00 235.00 I NGUYEN, LINH ANH IDF 2.00 PWF 170.00 JPAY 6.0ll Personal Check 10/05/2010 Money Dist;ibution Reporlt Page 3 I ---------------------------------------.----------------------~-------------i-------------------------------------------------------- The following totals represent - Cash and Checks Collected Type Code Description Count Retained Disbursed Money-Totals COST CCC CONSOLIDATED COURT COSTS 18 70.98 638.85 709.83 COST CHS COURT HOUSE SECURITY 18 70.99 0.00 70.99 COST CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 9 0.09 0.81 0.90 COST IDF INDIGENT DEFENSE FUND 18 3.55 31. 94 35.49 COST JCSF JUSTICE COURT SECURITY FUND 18 17.75 0.00 17.75 COST JSF JUROR SERVICE FUND 18 5.32 47.92 53.24 COST LAF SHERIFF'S FEE 7 35.00 0.00 35.00 COST PWAF TEXAS PARKS & WILDLIFE 6 22.98 5.75 28.73 COST SAF DPS 5 20.00 5.00 25.00 COST SUBC SUBTITLE C 9 13.50 256.50 270.00 COST TF TECHNOLOGY FUND 18 70.99 0.00 70.99 COST TFC TFC 9 27.00 0.00 27.00 COST TIME TIME PAYMENT FEE 3 34.33 34.33 68.66 COST WRNT WARRANT FEE 3 137.32 0.00 137.32 FEES DDC DEFENSIVE DRIVING 3 29.70 0.00 29.70 FEES DFF DEFERRED FEE 2 172.90 0.00 172.90 FEES EXRF EXPIRATION RENEWAL FEE 1 10.00 0.00 10.00 FEES JPAY JUDGE PAY RAISE FEE 14 12.60 71.40 84.00 FINE FINE FINE 9 617.50 0.00 617.50 FINE PWF PARKS & WILDLIFE FINE 5 135.00 765.00 900.00 Money Totals 21 1,507.50 1,857.50 3,365.00 The following totals represent - Transfers Collected COST CCC CONSOLIDATED COURT COSTS 0 0.00 0.00 0.00 COST CHS COURT HOUSE SECURITY 0 0.00 0.00 0.00 COST CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 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 JSF JUROR SERVICE FUND 0 0.00 0.00 0.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAF DPS 0 0.00 0.00 0.00 COST SUBC SUBTITLE C 0 0.00 0.00 0.00 COST TF TECHNOLOGY FUND 0 0.00 0.00 0.00 COST TFC TFC 0 0.00 0.00 0.00 COST TIME TIME PAYMENT FEE 0 0.00 0.00 0.00 COST WRNT WARRANT FEE 0 0.00 0.00 0.00 FEES DDC DEFENSIVE DRIVING 0 0.00 0.00 0.00 FEES DFF DEFERRED FEE 0 0.00 , 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES JPAY JUDGE PAY RAISE FEE 0 0.00 0.00 0.00 FINE FINE FINE 0 0.00 0.00 0.00 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 Transfer Totals 0 0.00 0.00 0.00 The following totals represent - Ja it Credi t and Community Service 10/05/2010 .,ooy ""r""';oo R,p'''r Page 4 ---------------------------------------------~----------------~-------------i~---------.--------------------------------------------- The following totals represent - Jail Credit and Community Service Type Code Description Count Retained Disbursed Money-Totals COST CCC CONSOLIDATED COURT COSTS 4 16.00 144.00 160.00 COST CHS COURT HOUSE SECURITY 4 16.00 0.00 16.00 COST CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 0 0.00 0.00 0.00 COST IDF INDIGENT DEFENSE FUND 4 0.80 7.20 8.00 COST JCSF JUSTICE COURT SECURITY FUND 4 4.00 0.00 4.00 COST JSF JUROR SERVICE FUND 4 1.20 10.80 12.00 COST LAF SHERIFF'S FEE 1 5.00 0.00 5.00 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAF DPS 3 12.00 3.00 15.00 COST SUBC SUBTITLE C 0 0.00 0.00 0.00 COST TF TECHNOLOGY FUND 4 16.00 0.00 16.00 COST TFC TFC 0 0.00 0.00 0.00 COST TIME TIME PAYMENT FEE 2 25.00 25.00 50.00 COST WRNT WARRANT FEE 3 150.00 0.00 150.00 FEES DDC DEFENSIVE DRIVING 0 0.00 0.00 0.00 FEES DFF DEFERRED FEE 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 , 0.00 0.00 FEES JPAY JUDGE PAY RAISE FEE 4 3.60 20.40 24.00 FINE FINE FINE 4 812.00 0.00 812.00 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 Credit Totals 4 1,061.60 210.40 1,272.00 The following totals represent - Credit Card Payments COST CCC CONSOLIDATED COURT COSTS 0 0.00 0.00 0.00 COST CHS COURT HOUSE SECURITY 0 0.00 0.00 0.00 COST CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 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 I 0.00 0.00 COST JSF JUROR SERVICE FUND 0 0.00 0.00 0.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAF DPS 0 0.00 0.00 0.00 COST SUBC SUBTITLE C 0 0.00 0.00 0.00 COST TF TECHNOLOGY FUND 0 0.00 0.00 0.00 COST TFC TFC 0 0.00 0.00 0.00 COST TIME TIME PAYMENT FEE 0 0.00 0.00 0.00 COST WRNT WARRANT FEE 0 0.00 0.00 0.00 FEES DDC DEFENSIVE DRIVING 0 0.00 0.00 0.00 FEES DFF DEFERRED FEE 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES JPAY JUDGE PAY RAISE FEE 0 0.00 0.00 0.00 FINE FINE FINE 0 0.00 0.00 0.00 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 Credit Totals 0 0.00 0.00 0.00 The fOllowing totals represent - Combined Money and Credits 10/05/2010 Money Distribution Report Page 5 -------------------------------------------------------------- --------------------------------------------------------------------- The following totals represent - Combined Money and Credits Type Code Description Count Retained Disbursed Money-Totals COST CCC CONSOLIDATED COURT COSTS 22 86.98 782.85 869.83 COST CHS COURT HOUSE SECURITY 22 86.99 0.00 86.99 COST CJDR CIVIL JUSTICE DATA RES\POSITORY FEE 9 0.09 0.81 0.90 COST IDF INDIGENT DEFENSE FUND 22 4.35 39.14 43.49 COST JCSF JUSTICE COURT SECURITY FUND 22 21.75 0.00 21. 75 COST JSF JUROR SERVICE FUND 22 6.52 58.72 65.24 COST LAF SHERIFF'S FEE 8 40.00 0.00 40.00 COST PIJAF TEXAS PARKS & IJILDLIFE 6 22.98 5.75 28.73 COST SAF DPS 8 32.00 8.00 40.00 COST SUBC SUBTITLE C 9 13.50 256.50 270.00 COST TF TECHNOLOGY FUND 22 86.99 0.00 86.99 COST TFC TFC 9 27.00 0.00 27.00 COST TIME TIME PAYMENT FEE 5 59.33 59.33 118.66 COST IJRNT "'ARRANT FEE 6 287.32 0.00 287.32 FEES DDC DEFENSIVE DRIVING 3 29.70 0.00 29.70 FEES DFF DEFERRED FEE 2 172.90 0.00 172.90 FEES EXRF EXPIRATION RENEIJAL FEE 1 10.00 0.00 10.00 FEES JPAY JUDGE PAY RAISE FEE 18 16.20 91.80 108.00 FINE FINE FINE 13 1,429.50 0.00 1,429.50 FINE PIJF PARKS & "'ILDLIFE FINE 5 135.00 765.00 900.00 Report Totals 25 2,569.10 2,067.90 4,637.00 .1 11 10/05/2010 Money Distribution Report Page 6 ------------------------------------------------------------------------------------------------------------------------------------ DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS RESTITUTION OTHER TOTAL 00-00-0000 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 ,0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 i 09-01-1991 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1993 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0:00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1995 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1997 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1999 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-0.1 -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 Credi ts & Comm Servi ce 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 01-01-2004 Cash & Checks Collected 1,517.50 1,550.90 296.60 0.00 0.00 0.00 3,365.00 Jail Credits & Comm Service 812.00 436.00 24.00 0.00 0.00 0.00 1,272.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 2,329.50 1,98~.90 320.60 0.00 0.00 0.00 4,637.00 TOTALS Cash & Checks Collected 1,517.50 1,550.90 296.60 0.00 0.00 0.00 3,365.00 Jail Credits & Comm Service 812.00 436.00 24.00 0.00 0.00 0.00 1,272.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 2,329.50 1,986.90 320.60 0.00 0.00 0.00 4,637.00 10/05/2010 Money Distribution Report Page 7 ------------------------------------------------------------------------------------------------------------------------------------ i1 DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS RESTITUTION OTHER TOTAL State of Texas Quarterly Reporting Totals Description Count State Comptroller Cost and Fees Report Section I: Report for Offenses Committed 01-01-04 Forward 09-01-01 - 12-31-03 08-31-99 - 08-31-01 09-01-97 - 08-30-99 09-01-91 - 08-31-97 Bail Bond Fee DNA Testing Fee - Convictions DNA Testing Fee - Comm Supvn DNA Testing Fee - Juvenile EMS Trauma Fund (EMS) Juvenile Probation Diversion Fees Jury Reimbursement Fee Indigent Defense Fund Moving Violation Fees State Traffic Fine 18 o o o o o o o o o o 18 18 9 9 Section II: As Applicable Peace Officer Fees Failure to Appear/Pay Fees Judicial Fund - Const County Court Judicial Fund - Statutory County Court Motor Carrier Weight Violations Time Payment Fees Driving Record Fee Judicial Support Fee Report Sub Total 11 o o o o 3 o 14 100 State Comptroller Civil Fees Report CF: Birth Certificate Fees CF: Marriage License Fees CF: Declaration of Informal Marriage CF: Nondisclosure Fees CF: Juror Donations CF: Justice Court Indig Filing Fees CF: Stat Prob Court Indig Filing Fees CF: Stat Prob Court Judic Filing Fees CF: Stat Cnty Court Indig Filing Fees Cf: Stat Cnty Court Judic Filing Fees CF: Cnst Cnty Court Indig Filing Fees CF: Cnst Cnty Court Judic Filing Fees CF: Dist Court Divorce & Family Law CF: Dist Court Other Divorce/Family Law CF: Dist Court Indig Legal Services CF: Judicial Support Fee Report Sub Total o o o o o o o o o o o o o o o o o Total Due For This Period 100 Collected Retained 709.83 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 53.24 35.49 0.90 270.00 70.98 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.32 3.55 0.09 13.50 53.73 0.00 0.00 0.00 0.00 68.66 0.00 84.00 1 ,275 .85 42.98 0.00 0.00 0.00 0.00 34.33 0.00 12.60 183.35 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,275.85 183.35 Disbursed 638.85 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 47.92 31. 94 0.81 256.50 10.75 0.00 0.00 0.00 0.00 34.33 0.00 71.40 1,092.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,092.50 APPROVAL OF PAYROLL: A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to approve the payroll dated September 3,2010 in the amount of $227,136.87 and September 17, 2010 in the amount of $219,974.35. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY :1 PAYROLL 2010 MONTH / SEPTEMBER Payroll dated 09-03-10 $ 227,136.81 Payroll dated 09-17-10 $ 219,974.35 I APPROVED TOTAL PAYROLL :1 $ 447,111.22 The items listed above have been pre-approved by all Department Heads and I certify that funds are available to pay the obligations. I ~~~ify Ih~~ ~he above is true and correct to the best of my knowledge this the ~ day of U;tt)\Jer CTO. ' II Acu.EPTED AND APPROVED THIS THE IJfr DAY OF :low ,2010 IN THEllcALHOUN--ctuNTY COMMISSIONERS' COURT, PORT LA V ACA, TEXAS 77979. ACCOUNTS ALLOWED - COUNTY: Claims totaling $923,319.40 were presented by the County Treasurer and after reading and verifying same; a Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. DECLARE THE 1983 JEEP KAISER BRUSH TR~CK, ASSET #545-0048 AS SURPLUS/SALVAGE AND REMOVE IT FROM THE EMERGENCY FL~ET INSURANCE POLICY: 'I 'I A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to declare the 1983 Jeep Kaiser Brush Truck, Asset #545-0048 as Surplus/Salvage and remove it from the Emergency Fleet Insurance Policy. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. . Susan Riley From: Sent: To: Cc: Subject: Attachments: Lucy Dio [Iucy.dio@calhouncotx.org] Thursday, October07, 2010 10:42 AM 'Susan Riley'; neil.fritsch@calhouncotx.org; Kenny.Finster@calhouncotx.org 'April May'; Sonia Downs AGENDA ITEM doc20101007103714.pdf Importance: High . Susan, Please put the following as an agenda item for the 10/14/10 Comm. Court meeting: "Consider and take necessary action to declare the 1983 Jeep Kaiser Brush Truck, Asset #545-0048, as Surplus/Salvage, and remove it from the Emergency Fleet Insurance Policy." This vehicle was transferred from Pt. Comfort VFD to POCVFD to be used as parts at the 2/15/10 Cc. The vehicle has finally been relocated and needs to be declared salvage so it can be taken off the fleet insurance. See attached for supporting documentation. <<...>> (I don't know why the attachment is located in the body of the email!! Just let me know if you don't receive the attachment. Geesh!!) Lucy 1 ,615534444 . ,,_'I'\;..;...~t~ ~~f -~~~t -~~d8:59:43 a.m. 02-12-2010 ~~N""''''''''\' \'.......- () ,~__~_. ~ I] \._- - " --~ - @ -~ "'<~~~~~'~'<t.~ "0... -'" ~ 12 ~~n~~det.~{rt7ik~?ecessar~ ~~~~~~~[?f1[r2m\~~irrorht~rtN'~~lt~U!~~_ ~_:0Tonnor~V;ED'one:1983..IeepKatser,.h!ventory #545...0048, SCl'I.aL#M2930. (~f? ~nsider and Ulke necess~ ",:tion to transfer Calhoun CounJy Juvenile Pro~ation Asser #5650417, Ford Crown Vlctona, VIN#2F AFP71 W3X:X 149697 to Calhoun Coullty . . Sheriff s Department. (LL) :1 v(~\onSider and take necessary action to trJ,~sfer Office Motorola. Maratrac lOOWatt f"-.../ltemote Mount Radio Serial #776TYEO~ 112 Asset #565-0370, and two self contained strobes serial #'s P957186 and 1>957253;1 removed from Unit #4~2000 Ford Crown Victoria VIN #2FAFP71 W7YXl 74104-Asset #565-0470 to Calhoun COUllty Precinct #4 Constable. (BB) v"~onsider and take neeessOTy action to I"insfer Calhoun County Sheriffs OftIce Asset ,-.J#565-0583,Ford Crown Victoria, VIN#2FAFP71 W16X126J26 to Calhoun County Juvenile Probation. (BB) II 30. Consider and take necessary action on n~atter of transferring certain items of County property from one County department toil another C<)unty Depaxtment. (See List) \,/~onSider and take action on any necessary budget adjustments. 'v . !: , Ii 32. Consider and tak.e necessary actiolloll single source, emergency and public welfare purchases and bills. I! . 1 'I 33. Public discussion of County matters. I' The above is a true and correct copy of the OrigiL, notice, which original notice was posted by me at a place convenient and readily accessible to the general public at all times, to~wit: on a bulletin board by the front door in th~.C.~nty Courthouse iil Port Lavac~ Calhoun County, Texas on FeblUary 12, 2010 at 5-. . 'l '). . a.m. Anita Fricke, County Clerk . ! (.--.....k!.. .: . r'\ 'y\ \ ..' By: \.,.''-.-, \'jV ,A. \ I ~1.,U/lo....-.:~ Deputy Cle' Page 3 of3 3/3 . t'.~8';.~....~~. ,..~~~ "'- ., ~...~. ,.,.~.,. Lucy Dio From: Sent: To: Subject: if Lucy Dio [Iucy.dio@calhouncotx.org] Wednesday, October 06,201010:54 AM 'neil. fritsch@calhouncotx;org'; 'April May' RE: Re: jeep from Point Comfort . Importance: High .Any word if the Jeep has made it to the POCVFD? Follow up ii ~~~~:~' October 11, 2010 9fO AM , h - - ~ - / 0!)(,,'/1 ~ --- ~ 4. ~~~i!J1Ji . ,.--. L --- . ' ~~ ._~,~ ,-c~ .~~~~-r~ I'. . ~." ~'Yu ,~ .fl._L~ II ~ ~----_._--_..__..._.__.._~--_._---_._~ From.: neil. fritsch@calhouncotx.org [mailto: neil. fritsch@~ Sent: Mon?ay, April 19, 2010 9:22 AM I To: Lucy 010 .." Subject: Re: Re: jeep from Point Comfort . ._ :l _ Good Morning L)lcy, . t '.. .' . Not yet, as of last Saturday when I talked WIth the Pomt Comfort ChIef. More to come as It develops. Follow Up Flag: DOe By: Flag Status: Neil and April, Tharlks" Lucy WL~ M ~'_4' q_io -5~~lp -- - _ Neil Neil E. Fritsch. Commissioner. Calhoun County, Precinct 3. 361-893-5346-phone. 361-893-5309-fax. From: "Lucy Dio" <lucy.dio@calhouncotx.org> Date: Mon, 19 Apr 201009:01:46 -0500 To: 'Neil Fritsch'<nei1.fritsch@calhouncotx.org>; Steve Lambden<slred3@cableone.net> Cc: April May- Townsend<Apri1.May@calhounco~.org> Subject: RE: Re: jeep from Point Comfort Good Monday Morning! . ., Just checking on the status of the truck. Do you know if'it's been moved? --'''-~.,...,.-....._........------------,..,............._._.,..~-,~_._-,--._.-...~."'-"~'-----._,._,....,._-_..._,--,............_,~._-"..........,_...._~-,~~,.-~"--- - F,rom:fNeIT:Erltsch'[maiito: neiJ .fritsdi@calhoupcot;.org] lsiii-':(Wednesday,,:MarchlO3t-iOio 3:24 PM" .c'i..:J' ....._~. . .,~ . .......':-~.... '.;, ....,. - -'.- . <.- - ~ To: 'L~~~;!~W!I !MaY@GC1IhC?un.c.<?tx~brg C<::Steve.Lambden .. }~~,.,.....,l:,-~ ~. _ , .",- ,'_.._.-.....,.... _.'- __c-~___ ubjeCt: iRE :-' Re: jeep from Point ComforLl 1 .... ..... Good Afternoon, - ....~. ':" '"'S' --:. ~ 1r'~.""" . - --:-. ""..... _ ____..... _ ~,',c". ;1.~.a...'.llie.'.'.,d..~W,.i.t.'~.' steVe. ',La,-m.i>den'tif.p<;:VFD and, to.l9 ~...~. (.h,..~..~?,.,~. ,Z~g~[..n:!~g~r~o.,~"X~p. ,~"ep}lrt. me.;... ht',S..;.When.. "th.e.'Y..;',F.P..__.Q1.f1j f< ~hencale and POCVFDls ready to declarethe"truck'saJvage;heneedsto:n'otlfy,Kennyprme,sot~at,we can'have,an ' i 'ag~~d~tetn t~~decl~resurpIYs/salvage~ AftenNedeclareit surpl~~/s~I~~ge,v';ecan then discontinu^~jr;~u~a~The - ",gCk\wiU b?ritTrfueto'h'ave~in5urari,ce until 'we' hear frormCale'anatne':PD'c:WD:::::-.~ - -"'-0 .. ,.- ,.-- If' -.- II II Ii II Ii .il II Any questions, please ask. Thank you and have a great day!'! Neil E. Fritsch Commissioner . Calhoun County, Precinct 3 24627 State Highway 172 Port Lavaca, TX 77979 361-893-5346-Phone 361-893-5309-Fax From: Lucy Dio [mailto:lucy.dio@calhouncotx.org] Sent: Tuesday, March 02, 2010 3:34 PM To: joyce.dorsett@calhouncotx.org; neil. fritsch@calhoulilcotx.org Subject: RE: Re: jeep from Point Comfort Sorry-in case it wasn't clear, this is about the 1983 Jeep Kaiser brush truck that was transferred from the Pt. Comfort VFD to the pac VFDas approved at the 2/15/10 Comm: Court meeting. POCVFD will use the vehicle for parts. I I can't remove the vehicle from the insurance policy until it :is in POCVFD's possession and it's been declared surplus/salvage. Just thought I'd keep youin the loop I! Lucy . From: Lucy Dio [mailto:lucy.dio@calhouncotx.org] Sent: Tuesday,March 02, 2010 3:30 PM To: 'April May' II Cc: Cale Hummel - POCVFD; joyce.dorsett@calhouncotx~org; neil.fritsch@calhouncotx.org Subject: RE: Re: jeep from Point Comfort April As soon as the truck is in POCVFD's possession, please send Susan the info for the agenda item, Once Comm. Court declares it Surplus/Salvage, then it can be removed from the insurance policy. I ' . Does that sound good for everyone? Thanks for your help!! Lucy . 2 ~ ) ._~. r=rom: April May [mailto:ApriI.May@calhouncotx.org] sent: Tuesday, March 02, 2010 3:00 PM To: lucy dio Subject: Fwd: Re: jeep from Point Comfort . according to the Fire Chief in POC, they have -not received the jeep. Thank you, April May-Townsend Calhoun County, Pet. 4 361.785.3141 361.785.5602 (fax) april.may@ealhouneotx.org -----Original Message----- From: Cale Hummel <calehummel@vahoo;com> To: April May <Apri1.May@ealhouncotx.org> Date: Tue,2 Mar 2010 12:52:24 -0800 (PST) Subject: Re: jeep from Point Comfort no not yet . From: April May <April.May@calhouncotx.org> To: Cale Hummel <calehummel@yahoo.com> Sent: Tue, March 2, 2010 2:40:35 PM Subject: jeep from Point Comfort Have you received the jeep from the Point Comfort VFD? Thank you, April May-Townsend Calhoun County, Pet. 4 361.785.3141 361.785.5602 (fax) april.may@calhouncotx.org . 3 DECLARE CERTAIN ITEMS OF COUNTY PROPERTY IN THE CALHOUN COUNTY HEALTH DEPARTMENT AS SURPLUS/SALVAGE AND REMOVE FROM INVENTORY (SEE ATTACHED U~: 1 A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to declare certain items of County Property in the Calhoun County Health Department as surplus/salvage and remove from Inventory. Commissioners Galvan, Lyssy, Fritsch, ~inster and Judge Pfeifer all voted in favor. . . - I': ILl. I ,.." . : ". '.1' - I ."j,;',' :ri '. . f , ....j . ;.'; · .', .. V ._ " 4= ,'...' _.,$ 117 WAsh St Port Lavaca, TX 77979 Bain C. Cate, M. D., Medical Director Phone (361) 552-9721 Fax (361) 552-9722 www.cchealthdept.com September 28, 2010 Judge Mike Pfeifer County Commissioners c/o Susan Riley Dear Susan, I would like to request that the items listed below be removed from our office. Not all of these items are on our "Fixed Assets Inventory Report". Please have the Commissioner's Court declare these items salvage/surplus. Thank you for your consideration and assistance. Item Name Serial Number HP PSC 110 all-in-one printer.mm......m.m.m..mm............MY39IFB1ZB Canon Bubblejet printer BJ-30..................................:.........K1 0152 Inv. Number Respectfully submitted, W/n~ MJ&rJ Dana Nichols, RN, BSN i DECLARE CERTAIN ITEMS OF COUNTY PROPERTY IN THE COUNTY AUDITOR'S OFFICE AS SURPLUS/SALVAGE: A Motion was made by Commissioner Fritsch and seconded by Commissioner Finster to declare certain items of County Property in the County Auditor's Office as surplus/salvage. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. E, _ \.. '-, Calhoun County, Texas SURPLUS/SALVAGE DECLARATION REQUEST FORM Department Name: County Auditor Requested By: Cindy Mueller Reason for Surplus/Salvage Declaration nla Scanner-hp scanjet 5590 digital flatbed scanner Printer-hp laserjet 1320 Miscellaneous office su lies (2 boxes) Portable heater No longer needed (still works) nla nla No longer needed (still works but noisy) Obsolete-no longer needed nla No longer needed (no thermostatic control but still works) 'I Jl DECLARE ITEMS OF PROPERTY IN THE CALHOUN COUNTY JJAEP AND THE PROBATION DEPARTMENT AS SURPLUS/SALVAGE AND REMOVE FROM INVENTORY (SEE ATTACHED LIST): A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to declare items of property in the Calhoun County JJAEP and the Probation Department as surplus/salvage and remove from inventory. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor: i . Calhoun County, Texas SURPLUS/SALVAGE DE~LARATION REQUEST FORM Department Name: ::r;.'f!"': ~ tJ I)~ -/-C' ()Y\ Requested By: lCA.(s Le{j~ Reason for Surplus/Salvage Declaration I Calhoun County, Texas SURPLUS/SALVAGE DECLARATION REQUEST FORM Department Name: Ii e Y5 Ii E I Requested By: 1-1/(5 !-err A Reason for Surplus/Salvage Declaration TRANSFER CERTAIN ITEMS FROM THE PROBATION DEPARTMENT TO THE CALHOUN COUNTY JJAEP AND FROM THE JJAEP TO THE PROBATION DEPARTMENT (SEE ATTACHED LIST): I A Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy to transfer certain items from the Probation Department to the Calhoun County JJAEP and form the JJAEP to the Probation Department. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. I I Calhoun County, Texas DEPARTMENTAL INVENTORY TRANSFER REQUEST FORM Requested By: '\ Calhoun County, Texas DEPARTMENTAL INVENTORY TRANSFER REQUEST FORM Requested By: BUDGET ADJUSTMENTS: A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy that the following Budget Adjustments be approved. Commissioners' Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Court was adjourned at 10:30 am o ~ o N Ii:: CI: w > ~ I- ClIOw - C) .....0 .....:) CaJ =- =ai:: =CI: a.....1 a..:) C~ ~ai:: zw ......a. ::IE~ =C) Zz ...... - ::IE~ CW ~~ ...... c:.a = = =0 ~o =N = ~ =:! c:.:t .. -.. G> ClIO '8 =.. ......CJ Z O~ =~ _ ca ClIO" ClIOl!! _::::s ::IE': ::IEw =1- c:.:tCl: o C) Z - ai:: CI: w ~ - - Q Q Q =0 ""- '=0 EM io EZ =1- =Z =w E:E =1- =ai:: =CI: =a. =w =0 ,.. EaJ to. ECI: ~ i:i ~ 50 ~ =_Z '!!iO =C:) ~ =CI: = E:E i5 -. ~ =(1) CS =Z \,) EO ~ __ to. =1- ;t ~= ~ =w ... =A. ~ EO !;; EW tt =U ::) =Z ~ =CI: !OI =...1 Q:: =:) =aJ E:E ECI: EW E:E =CI: ~ EZ ~ =1- EZ =w ~ E:E .. =1- to. =Dl: ~ ECI: i =a. !'OI =w ~ EO i 'q: o :e; ~ Q ~ LL. ..,J ~ LIJ ffi C) ILl :! ~ Q ~ LL. -l.....~ CMM =~~ ilfSfS Ei!iEs 0000 0000 '<tcoco'<t fhfhefh ;..........gg~g M'<tCO 0 ifhfh ~ ..... ~= ..... 0000 ~""'fhfhOO M CO CD C. fhfh ..... i!Ei1i a..iE ~ 0000 .....fhfhfhfh !:!:1M i!Ei~ i!tfS =l!l 0000 !:!:I~fhfhfhfh i!j:=lS i!tli =iE D:: w II. en z C D:: ... :liE w ... - w z - .... -.I i:!: ..... :: :IE ..... ;I ~ - c-.. Z 0 iL- I- I- ~ ZZZ:c: <(<(<(Ill C:::C:::C::::5 <.9<.9<.90 ooo:c: ZZZIlI = :!! ZenenenC( -en en en ::!!enenen 5 W (f) Z W(f) a..~ Xo Ww .....<.9z :IE~:) CI-...J z..x:w _c:::() liW(f) ca..- 02 - . (f) (f)(f)w !!:!!!:!() ...J...J _ a.. a.. > a..a..c::: ~~W (f)(f)(f) z o en C w D:: ... Z w :liE Cl z w :liE C =1 0 N 0 _coen'<t ~enen" ~('f)('f)1.O cl.Ol.OCO o o '<t .fh o o o~ .... fh b :1 g'! CD. fh EO =M EM ~o =Z =1- =Z =w E:E =1- =Dl: =CI: =A. =w EO =2 =Z EO =U 50 EI- =Dl: EO ~ =A. !;; -. ~ =(1) S =Z 'q: EO ~ Ei= ;t =CI: ::) =Dl: ~ =w ... =A. ~ EO !;; EW tt =U ::) =Z ~ =CI: !OI =...1 Q:: =:) =aJ E:E ECI: ~W E:E =c ~ E2 ~ EI- =Z =w ~ =:E .. =1- to. =Dl: ~ EC i =A. !'OI =W ~ EO i 'q: o fh 0' fh, ...J ~ o I- :I: U <( W co <( :J o z C) <( :E I (fJ Z o i= <( 0:: W 0. o W U z :5 ;:) co :E <( -l.....~ CMM =~:=lS =fSfS ~iES 000 OOfh '<t'<t fhe I..........g~g M '<t '<t ~fh fh fS a..l!!:l ~ ;..........~g g M '<t'<t C fhfh ..... Ii ' a.. Z ~- 000 .....fhfhfh !:!:1M i!j~ ;; 000 !:!:I~fhfhfh i!j:=lS i!tli =iE en ... z :) o CJ CJ C z ~ Cl D:: ILl > o -.I i:!: :: ~ It) - c-.. ::!! 0 51-1-:C: Zzl- <(<(i'ij C:::C::::5 <.9<.90 00:c: ZZIlI = :5 ZenenC( -enen ::!!enen 5 !E C Z W (f) z W a.. X W .....<.9 :IE~ CI- z<( _C::: liW ca.. o -(f) (f)w !!:!() ...J _ a.. > a..c::: ~w (f)(f) z o en C w D:: ... Z w :liE Cl z w :liE C =100 Zco'<t -en" ~('f)1.O :;!l.OCO o fh o o '<t fh C') ~ - o <Ll OJ ro a. o o '<t fh =0 5"'" E~ 50 =2 =1- =Z =w E:E =1- =Dl: =CI: =a. =W 50 =w EU =Z =CI: =2 =w =1- EZ EC E:E 5c:) =Z -- =0 =...1 =- =:) 5aJ ~Iii E:E =C E2 ~I- =Z =W =:E =1- =Dl: ECI: =a. =W EO o C; N M ~ Q; .0 o '0 o >; ro '0 rn <Ll <: '0 <Ll S o fh o fh ...J ~ o I- 0:: o Z Z o u b I- 0:: o 0. I (fJ Z o i= <( 0:: W 0. o W U z :5 ;:) co :E <( o """ o N ~ cr III > ..... I- C4111 - C) .....C .....:) em =- =D:: =cr 1:1...... 1:1..:) C~ .....D:: zw ......a.. :=E> =1- zC) ......! :=E~ CIII .....:1: ...... c.a = = =0 .....0 =N = "' =:: c..:a ... -.. Go) C4.g =.. ......CJ z~ c::::t~ _ cu C4'C C4l!! _:::::s :=E~ :=Ew =1- c..:acr C C) Z - D:: cr III :I: Q Q Q """ =0 =,... ~""" ~o ~z =1- =z =11I ~:! =1- =D:: =c = a.. =11I =Cl ~ Ii; is =11I ~ ~CJ ~ =z ... =cr ~ =z ..., =11I a =1- ~z ~ ~cc Ii; ~:! ~ ~C) 2 ~z Il: -- =c =.... =- =:) ~m ~w ~:! =cr ~ ~z ~ =1- ~z =11I ~ =:! or;; =1- ... =D:: ~ ~cr ~ =a.. ~ =11I ~ ~c i oq: o <: Q ~ LI.. ~ LI.. .... ~ ILl ~ (!) ~ ~, ~ ........Q c-- =:s:S =66 C2ii!ie Oaaao oooo~ 0000 Lii N N- ...: EI7~~~ ..... 00000 ;.....0~EF7EF70 _0 0 :SLii .0 6EF7 ~ a.lEl ~ ..... 00000 i.....EF70000 _ 0000 :'!Ci N-N-"':.o & EF7EF7EF7~ ~ii!i ~ 00000 .....~tI7EF7t17~ lel- i!:j:S j!lfi =~ 00000 lel~tI7t17t17EF7~ i!:j:5 j!lfi =ii!i In ~ z ::::) o CJ CJ Ill( z :I :] CI D:: III > o -I ~ 2 ~ ;I ~ - N Z 0 If-f-f-f-~ zzzz..- <( <( <( <( ~LI.i a::: a::: a:::a:::::re C:>C:>C:>C:>Q oooo~ zzzZLIJ = ::re ZO)O)O)o)o:t !ii0)0)0)0) cO)O)O)o) 5 <ex ""'w oz zz <(<( ~~(/.) ""'" ::::>::::>w iIi: 000 ;I(/.)~~~ =:;::::>a:::a:::w ColI 0::::>::::> (/.) cWOOw ZOOZ :)rJ:,rJ:,0 ...Ja:::a:::I w--a.. o<(<(w (/.)a..a.....J -wWw 2a:::a:::f- z o In Ill( III D:: ~ Z III :liE CI Z III :liE cc =1 0 v co N _NLOLOo) ColI 0) v v...... ColIMLOLOCO ccocococo o ~ o o o .0 tI7 o o o .0 tI7 =0 =. ~N ~O =z =1- =z =11I ~:! =1- =D:: =cr = a.. =11I ~Cl {a u ~ C) {a Il: :it ; i ~ CI) " =11I ! ~u Ii; =z l3 =11I 8 ~C) ~ =z Il: =- =1- =z =0 ~CJ ~w ~:! =cr ~ ~z ~ ~I- =z =11I ~ =:! or;; =1- ... =D:: ~ ~cr i =a.. ~ =11I ~ ~c i oq: o tI7 o ~ ...J <( f- o f- W ,(.) Z <( 'Z W I- Z < ::iE C) z C ...J :5 III 00 ........Qoo c_-coco =:s:5t17~ =6= lii!ii ;..........8 g _coco :stl7t17 6 a.lEl ~ ..... 00 IltI7~ a.ii!i ~ 00 ..... EF7 ~ lel- i!:j:S ;1 00 lel~EF7~ i!:jc ;1 Ill:: III u. In Z ~ ~ :liE III !: III Z ::::i -I ~ 2 e C It) Z ~ - N ::I 0 5f-~ z"- <(ai a:::::re C:>Q o~ ZLIJ = ::re ZO)o:t -0) iO) 2W Co Zz -<( tia::: c::::> (/.) Z a.. ::::> o a::: c:> z o In Ill( III Ill:: ~ Z III :liE CI Z III :liE Ill( =10 ZN ~O) ColI ...... CLO o o co ~ o o co tI7 ('f) ..- - o N Ql OJ <tI a. o ~ =0 =""" =. ~o =z =1- =z =11I ~:! =1- =D:: =c = a.. =11I ~Cl ~~ =c =.... = . =1- =c - . =1- =D: =:) ~o =CJ ~~ =z ~:) =0 ~CJ ~w ~:! =cr ~z ~I- =z =11I =:! =1- =D:: ~cr = a.. =11I ~c o ..- o N c. <tI "0 Ul Ql c: "0 Ql :s: o tI7 o ~ ...J <( I- o I- C/) W C3 z w C) z ~ z o (.) o 't"" o N ~ ~ W >- ~ I- C'-:IW - C) .....C .....=>> em =- C:::::>>DI:: =~ 1:1.... I:I.=>> e~ ~~ ZW ......a.. :=i~ =C) Zz ...... - :=i= ew ~:r: ...... c.:::s = = =0 't"" ~o =N = .. c:::::>>:!: c.:t .. .... CI) C'-:I'8 =.. ......u zC: c:::::>>~ _C'l:I C'-:I'C C'-:I~ - ~ :=it: :=iw c:::::>>1- c.:t~ C C) z i: ~ w :r: C) C) C) ..... - ~o ='t"" ~~ ~o =z =1- =z =w ~:i =1- =~ =~ = a.. =w =C :t ~ ~i: ~ =~ .... =... a:: =. ... =1- a ~~ u =..:. S ~~ ~ ==>> ~ ~O ~ =U ii! ~~ i =z ~=>> =0 ~u ~Ui ~:i =~ ~ ~z ~ ~I- =z =w ~ =:i .... =1- .... =DI:: m ~~ i =a.. ~ =w ~ ~Q S! oq: o <: Q ~ u.. ~ U. -J ~ LIJ a1 (!) ~ ~ Q ~ U. ..........Q c-- =:s:S !5E66 cei!is OlOlOOooO Ol Ol 0 0 Ol ~ vv(Ol!)O (h---- T""'"T""'"T"""L.O (h(h(he ...... OlOlooooo ;......OlOlOO(hQ) _VV(Ol!) 0 I!i fA- T"""- ~ ~ &I) 6 (h(h(h ~ ~l!l ..i C u. o ~ C) z i= D:: c( ~ U) ClI Z c( ClI 1&1 ~ c( ClI ~ :) o ~ Z 1&1 :i a. - :) a 1&1 iii: 1&1 u. U) Z = ~ :i III t: 1&1 Z :i ...... 00000000 ~......(h(h(h(hOlQ) _ 00 c - . 1& ~~ ~i!i 000000 ......(h(h(h(h(h~ ~- cs:S a:6 =I!!!I 000000 ~~(h(h(h(h(h~ cs:!i a:& =i!i ..... ~ !E ~ c co Z ~ liE C'I c 0 I&f-f-f-f-f-~ zzzzz.- <(<(<(<(<(:!!i 0:::0:::0:::0:::0::::15 """""0 ooooo~ ZZZZZlLI = :!E zOlOlOlOlOl"It liE OlOlOlOlOl cOlOlOlOlOl 1& WWZ f-o::::::::> :::::>:::::>0 t::f-O f--LL (/)00 ~mf- ""'" (/) c..:::::>o W :Iii ' >< CO:::W...J 0 ZWOW u:: =::;f-z> LL ~o::::::::><( 0 C~LLO:::S~ w>-~<t:z 0::: 0::: '-'....JW f-:;!;~ch~ O:::OZ~~ :::::>--0:::::> og~oo O..,f-fIlW z o U) c( 1&1 D:: ~ Z 1&1 :i ClI Z 1&1 :i c( lEI 0 0 (0 0 0 ....Oll!).....Ol!) ~vOC")l!)C") ~.....C")(oON c (0(0(0 1'--1'-- ~ ~ is ~ oq: ~ ~ 3 S ~ {3 ~ 2 II: ~ ~ ~ .... m ! ~ ::e oq: ..........Q c-- =:s:!i 5!66 CCi!is 000 l!) l!) ~ ..... ..... e(h ...... 000 ~"",,(hl!)1I) - .......... :s (h~ z6 ~...... ~= ...... 000 ~"""l!)(hll) -..... ..... c (h ~ ...... Z& ~5 ~ 000 ......(h(hW ~- cs:S a:6 =I!!!I 000 ~~(h(h~ cs:!i a:& =5 U) ~ z ::) o CJ CJ c( z I = CII D:: 1&1 > o ..... ~ ~ (:) C'I In - C'I :I 0 I&f-f-:;: zzl- <(<(~ 0:::0::::: ""0 00:;: zZlLI = :!E zOlOl"It -OlOl :IOlOl 1& ...... :E c Z <(- ,,0 -c.. t::c.. ...J<( O:::f- WO::: I:::::> ......f-O :E00 c ' I zOC/) _WW ~ZO ~Q> (/)0::: (/)W <((/) f-...J ...J<( :::::>" Ow <(...J z o U) c( 1&1 D:: ~ Z 1&1 :i ClI Z 1&1 :i c( =IC") 0 Zl!)oo -OC") ~OC") ~(O(O o ~ 00 V N an ~ 00 ..,. N .0 w =0 =CW) ~~ ~o =Z =1- =z =w ~:i =1- =~ =~ = a.. =w ~Q - ~ ~ is ~ oq: ~ ~ 3 =1- =~ S ==>> ~ ~o {3 ~u ~ =1- 2 =u II: =- =~ =1- =CI) ~E sUi ~:i =~ ~ ~z ~ ~I- =z =w ~ =:i .... =1- .... =DI:: ~ ~~ i =a.. !'oI =w ~ ~Q S! oq: o w o w ...J <( f- a f- ~ :5 I f- <f: f- a:: :J a u ~ Z :J a u o ....!......Qo c-- q =:s:s~ !5E66 e cess I~>l A.; ~ ~ - o <"l Q) Cl <1l a. ~............8 _0 c - ......0 I!&~ ~i!i o ...... (h ~- cs:s a:6 =I!!!I o ~~(h cs:!i a:& =i!i U) ~ Z ::) o CJ CJ c( Z ~ CII D:: III > o !E c Z - Z If- Z <( 0::: " o Z = ZOl -Ol =Ol 1& W LL >- W Z 0::: o I~ zO _w HZ c" (j) (/) <( f- ...J :::::> o <( .. z o U) c( 1&1 D:: ~ Z 1&1 :i CII Z 1&1 :i c( o o N <"l Gi J:l o "0 o >. <1l "C Ul Q) l: "C Q) s: =10 Zl!) -0 ~o ~(O " o "t"" o N ~ cE W > I-- I- ~w - C) ....C ....~ em =- =0=: =cE a....J a..~ e~ I--~ ZW ......a. ::E~ =C) Zz ...... - ::E~ eW :a: Ii- ...... c.:I = = =0 "t"" Ii- 0 =N = ~ =:! c.:t .. CI) .... .Q ~ 0 =..., ......u zC: =~ _ ca ~'C ~~ _ :J ::E.: ::Ew =1- ~cE C C) Z - 0=: cE w :a: (:) (:) (:) .... - =0 =C"') E" ~o EZ =1- =Z =w E:i =1- =0=: =cE =a. =w EC o ~ Q ~ u.. Q ~ ...J ~ LIJ as (!) ~ ~ ~ ~ .-; is :::i oq: ~ ~ a =1- =a:: ~ =~ .-; EO l3 =CJ :::i EI- a =CJ Cl:: =- =0=: =1- =en ~a Ew E:i =CE ~ EZ ~ ~I- =Z =w ~ =:i ... =1- ... =0=: ~ ~cE ! =a. !'oI =w ~ ~C i oq: .........CiJ c-- =iSiS =&a:: ~ii!i; aao vvtA- ..- ..- - ~ a ~ ..- ~ ..... 000 I.....v~v i- ;; ci- ..- .... ..... ~ tA- a.l!l ~ i..........~~ ~ - ..-.... c ~ ~ ..... 0 & ~ Z ~- 000 .....~~tA- 151- BSiS ii:l& a::l!!!!I 000 l5lli:i~~~ BS~ i!!1 U) ... Z :) o CJ CJ CC z ! Q a::: W > o ..,J ~ ..... :: :I ~ Z It) - N = 0 !iil-- I- e: zz..... <(<(iij 0::0:::::e {9{90 00e: zZlLI _ :::e zO>O>-=:( -0>0> =0>0> Ii I -I- OV a.N c... I <(0:: I-w 0::1- ~o:: :EO~ cYw zC/)O:: _WI- tioo:: c-~ ~O wo C/)~ ....JW <(> (9<( wo:: ....JI- .. Z o U) CC w a::: ... z w :E Q Z w :E CC -10 a zoor-- -C'?v ~C'?co :i!coco o tA- 01_ v .... o .... tA- =11') =.. =C"') ~O =Z =1- i=Z o 1 =W tA- ii ~:i =1- =0=: =cE =a. ,=W ~C - - =en =W ~CJ ~ ~> ~ , = 0=: ::s ,=W . ~ en oq: =..J ~ =cE ~ =CJ .., =- ~ =C " =w !E E:i ~ E> l3 =CJ :::i =Z S! '=W it! ,~C) =0=: =w =:i 5W 'EW E:i =CE ~ ~Z ~ ~I- =Z '=W ~ =:i ... =1- ... =0=: ~ ~cE ! =a. !'oI =W ~ 5C i oq: o v .... o .... tA- o tA- ...J ~ o l- I- 0:: :J o o .... o it: .... en C ..........CiJ c-- =iSiS !E&& a!ii!iS cSce r--ar--tA- 00 C'? Ii) tA-~~ ..... 0000 ~.....r--~~r-- ~~ ~ ~~ ~ ..... 0000 ; ..... ~ a 'f'. r-- _ C'?Ii)CO C ~~tA- 6 a. z ~- 0000 .....tA-~~tA- 151- BSiS ii:l& a::l!!!!I 0000 l5lli:i~~~tA- BS:i ii:l& a:: 5 U) ... Z :) o CJ CJ CC z ! Q a::: W > o ..,J ~ :: ~ It) _ N = 0 Ii I- I- I- e:..... ZZZ <(<(<(iij 0:: 0:: O:::::e (9{9{90 000e: ZZZlLI _ :::e zO>O>O>-=:( -0>0>0> =0>0>0> Ii ..... :E c z ZOO OW -C/) .....~z :lo~ Z~><>- _OW<( tiwl-...J C{9zl- zw~ -~O ~>-....J ~O<( I-....JI- za.O:: O~<( owo .. Z o U) CC w a::: ... z w :E Q Z w :E CC ill a a a _00 C'? Ii) ~avr-- ~"-Na ccocor-- o tA- o r-- co tA- ('") ~ - o V Q) OJ ro a. o r-- co tA- =0 =.. =U) ~O =Z =1- =Z =W E:i =1- =0=: =cE =a. =W ~C =:a: =CJ ~cE =W ~m EcE -- =..J ~O =Z =C) =4 E:i = . =Z =0 -- EI- =CJ =w =1- ~O =0=: :a. ~W =0=: -- 51&. Ew E:i =4 ~Z ~I- =Z =W =:i =1- =0=: ~4 =a. =W ~Q o ~ o N M ~ .... Q) .0 o U o :>; ro "t:l Ul Q) <: "t:l Q) S o tA- o tA- ...J ~ o .... en w o :> 0:: W en ...J <( .0 c w ::!: >- o z w C) 0:: W ::!: w <:) <:) <:) """ - =0 =~ 15 CD 150 l5z =1- =z =w 15:! =1- =D:: =c =a. =w =c .... ... =:c ~ =CJ ~.. l5c ~ =w ,.. 15m ~ 15..... ~ -::: i! =..1 ~ =0 ~ l5z ~ =C) ::.. =c ... 15:! ~ -. 0 l5z ~ =0 ~ 15i= ~ l5CJ ~ =w !'lIlI =1- ::s 150 2 =D:: Cl::: =a. ::W =D:: -- ~LL. 151li 15:! =c ~ l5Z ~ 151- =z =w ~ =:! ... =1- ... =D:: ~ l5c I =a. !'lOI =w ~ l5c is oq: o ~ Q ~ u.. Q ~ ...,J ~ LIJ ~ C) ~ ~ Q ~ ....1oIoIt:i:1 CMIMI =:s:S !il&& i:ii!ie LOLOO 00000 I'--coen ti9-.,...:ti9- ~ 1101oI 101oI ~ ~ :g I~ ~ ~lEl 1101oI 101oI ~ ~ :g MlCOCO C - ~ 101oI ....- fi ti9-ti9- Z ~- 000 101oI ti9- ti9- ti9- !:!:iMl i!j:S ;1 000 ~lililti9-ti9-ti9- i!j:ei ~fi =iE Ill:: 1&1 LI. en z ~ I- :i 1&1 t:: 1&1 Z :i ..,J ~ e liE '" C ..... Z II) - C'I Z 0 &1-1-<: zzl- <<iij CCCC::e C9C90 00<: zzUJ t:I ::e Z 0')0') 0:( -0')0') 10')0') 00 W :::::i 0.. 0.. :J liE~ cOO zl- _cc tie: c>- CCoo Ww ~o I- 0> <ffi ::2:00 z o en cr: 1&1 Ill:: I- Z 1&1 :i Q Z 1&1 :i cr: !ill 0 0 _...."<t ColINI'-- ColIC"'lLO CLOCO 0- o en ~ II) Cl) I'-- ti9- II) Cl) ut - ti9- 150 =ClO =CD ~o =z =1- =z =w 15:! =1- =D:: ,=c , =a. ! l5w l5c .15 D:: '=0 ,I=z l5z =0 ~ =CJ S ~o S 151- oq: =D:: ~ =0 ;t =a. ::i 11.-. <) !l5z ~ =0 " =- ~ =1- ~ =CJ ~ =w !'lIlI =1- ::s 150 2 ::D:: Cl::: ,::a. <I=W ~D:: -- 15LL. 151li 15:! =c ~ l5Z ~ 151- =z =W ~ =:! ... =1- ... =D:: ~ l5c I =a. !'lOI =w ~ l5c is 1= oq: ;1 o ti9- o ti9- ..J <( I- a I- J: U <( w OJ <( ::i a z C> <( :i I Z a ~ u W I- a a:: D. w a:: u: 000 ....loIoIt:i:1C"'lC"'lti9- _MlMlti9-ti9- =:s:ei ~ !il&& i:ii!ie ;1oIoI.....~g~ MI ti9- ti9- :ei & a.lEl ~ 101oI 000 ~1oIoIC"'lti9-M MI ti9- ti9- C jt& ~ii!i 000 ..... ti9- ti9- ti9- ~MI i!j:S ;; 000 ~lililti9-ti9-ti9- i!j:ei ;1 en I- Z :) o CJ CJ cr: z ! Q Ill:: 1&1 > o ..,J ~ 101oI e :IE = ~ - C'I = a 1lI1-1-<: zzl- <<<: ccccUJ C9C9::e oo~ zzUJ t:I ::e ZOlOlo:( -0')0') 10')0') W 00 z W 0.. >< W liE~ cl- z< _CC ColIW ColI 0.. Co --00 fBw -0 ...J _ 0..> o..cc :JW 0000 .. z o en cr: 1&1 Ill:: I- Z 1&1 :i Q Z 1&1 :i cr: t:l1 0 0 Zoo"<t -0')1'-- ColIC"'lLO ~LOCO o ti9- o M ti9- o M ti9- =0 =G) 15 CD io l5z =1- =z =w 15:! =1- =D:: =c =a. =w =c ~ 151- ..- =LL. is l5i ::i =c oq: =c ~ =w ;t =(1) ::i -. 0 l5z u =0 . -- ~ =1- ..- =CJ ~ =w ~ =1- ::i 150 2 =D:: Cl::: =a. ::W =D:: -- 15LL. ~Ili 15:! =c ~ l5Z ~ 151- =z =w ~ 15:! ... =1- ... =D:: ~ l5c I =a. !'lOI =w ~ l5c is oq: o ti9- o ti9- ..J ~ a I- a:: a z z a u b I- a:: a D. I Z a ~ u w .... a a:: D. w a:: u: ....1oIoIt:i:1 CMIMI =:s:S !ilf5& i:iEe r') ~ '0 U~ ~lEl II ~iE ~lilil i!j:S ~& =lil ~lilil i!j:ei ;1 ..... :IE C z - = III en I- Z :) o CJ CJ cr: z ! Q Ill:: 1&1 > o t:I Z - Z C III liE C z - ColI ColI C z o en cr: 1&1 Ill:: I- Z 1&1 :i Q Z 1&1 :i cr: o o N r') Qj .0 o U o !ill ~ =:; ~ ColI Q) C .g Q) :5: o T'" o C\I ~ ct w > t-- I- ~w - C) ....Ic ....I=>> em =- =0:= =ct 1:1.....1 I:I..=>> e~ t--~ zw 1.1.1 a. :I!S~ =C) Zz 1.1.1 - :I!S~ ew t--:I: 1.1.1 c:.a = = =0 t--Q =C\I = '" =:! c.::>> .. ... cu ~.g =.. I.I.ICJ z~ =~ _ ns ~'tS ~~ - ~ :IE~ :l!SUi =1- c.::>>ct C C) z DE ct W :I: Q Q Q """ =0 =~ ~CD ~o ~z =1- =z =w ~:2 =1- =D:: =c =a. =w =c - ~ ~I- t.;; =11. is -- ... =D:: ... =c 'q: =c ~ =w !t =(1) ::s -. C) =z \,) ~o !iE ~i= ~ =u ~ =w !'OoI =1- ::s ~o 2 =D:: It: =a. =w =0:= -- ~II. ~w ~:2 =c ~ ~z ~ =1- ~z =w ~ =:2 .... =1- .... =0:= ~ ~c I =a. !'lOI =w i!!; ~c i 'q: o :c: Q ~ LI... Q ~ LI... ..... ~ I.LJ ~ (!) ~ ~ Q ~ LI... .....1.I.It;J CMIMI =:s::5 fi5& =Eet 000 o 0 ~ 0_ 0_ .... .... ~~ ;1.I.I1.I.I~g g MI 00 :s ~..: 5 ~~ A.I:!!l ~ 1.1.1 000 ~I.I.IO~O MlO 0 C - ~ ElI.I.I.... ..... tl':l1i~ ~ A.E ~ 000 I.I.I~~~ ~MI i!j:S ;1 000 ~~~~~ i!jc ~& =E U) to- Z :;) o CJ CJ cC z 11 = c ~ III > o ..,J ~ :E e C <:) Z ~ .... '" := 0 2&f-f-:!: zz.... <c<cai e:::e::::e 000 OO:!: ZZlLI = :e ZOlOlq: -0>0> :::=!0l0l !Ii w C/) Z w a.. x w i~ z<c _0:: E8W ca.. o ......C/) C/)w !!!t) -l _ a.. > a..e::: :)w C/)C/) z o U) cC III ~ to- Z III ::IE c Z III ::IE cC =100 Zoo..,. t;0l1'- CoDe"')LO CLOCO o ~ o o o~ ..... ~ - =0 =C") ~T'" ~o '=z '= =1- =z =w ~:2 =1- =D:: .~~ =w ~c - ~ ii) ~ I 8 =z ... ~o ~ ,;~! ~ I~:: :: =:2 ;: '1~:2 :a: :=0 ~ i=u t.;; ~... 13 ~c ::s =u 2 ~i It: ~o =1- =(1) ~i iw ~:2 =c ~ ~z ~ ~I- =z =w ~ =:2 .... =1- .... ~D:: ~ =C :e :=a. ::;:! ,= w ill I~c ~ II o o C!, ..... ~ o ~ o ~ ...J <c I- o l- I- LL D: c <( w CIl z o i= u W I- o 0:: 11. W It: u: .....1.I.It;J CMIMI =:s:S fi&& =Eet ~ III U. U) Z cC ~ to- ::IE III t: III Z - ... z o U) cC III ~ to- Z III ::IE c Z III ::IE cC ~ ........ 0 ........~ N N ~~ ..... Q"'r'"""..... =I.I.I~"""'" MI N N ::5 ~~ ~f:! ~= .... -r-O.... ~I.I.I....~..... MlN N c~ ~ =1.1.1 ZIi ~E ~ 000 ~~~~~ i!j:S ~& =~ 000 ~~~~~ i!j::5 ~Ii =E ..,J ~ e C") ..... It) - '" := 0 2&f-f-:!: zz.... <c<cai e:::e::::e 000 OO:!: zZlLI = :e ZOlOlq: -0>0> :::=!0l0l 25 1.1.1 :E C Z 1.1.1 :E C Z - CoD CoD C w C/) Z w a.. x w o I- Z o f= :) OJ C/)a: 01- ::56 LLt) =100 Z..,.oo -OlN CoDe"').... :i!LOCO o ~ ..... ..... N ~ ..... ..... N ~ ~II) =CD ~C\I io ~z =t- =z =w ~:2 =1- =D:: =c =a. =w =c o ~ o ~ ...J ~ o I- Z o (i) (/) ~ :!! o U ...J <( u D: o l- (/) :E t3 u ~ C) t3 It: :t =(1) ~ =w ::s =u :a: =D:: !iE ~=>> ~ =0 t.;; =(1) 13 =w ::s ~D:: 2 ~z It: =c =:E ~=>> ~::E: SW ~:2 =c ~ ~z ~ =1- ~z =w ~ =:2 .... =1- .... =D:: ~ ~c I =a. !'lOI =w i!!; ~c i 'q: .....1.I.It;J CMIMI =:s:S liili& i!Eet, M ..... - o IIi ~l!!El 1.1.1 II ~E ~~ i!j:S ;1 ~~ i!jC ~& =E :E C Z - Z ; ~ III U. U) Z = to- ::IE III t: III Z ::i = Z - Z C 2& i Z - E8 C .. z o U) cC III ~ to- Z III ::IE c Z III ::IE cC o o N M ..... Cii .0 o t5 o ;1 f 'U Gl s: Q "l"" Q N i 4 w >- .....1- ~w - " .....c .....:) em =- = a::: =4 1:1.... 1:1.:) e~ .....a::: zw ......a. ::E~ =" Zz ...... - ::E~ ew .....:1: ...... c.a = = =Q .....0 =N = - =:! c:.:a .. , cu ~.g =.. ......CJ Z 0_ =~ _ ftl ~'C ~~ _ :J :IE~ ::Ew =1- c:.:a4 C C) Z - a::: 4 w :I: <::) <::) <::) """ =11') =(0 ~N ~o ~z =1- =2 =w ~:i =1- :D::: =c =a. =w =C t3 ~ ::s a t3 0: :It =(1) ~ =w ::s =(J :a: =D::: ~ ~:) ~ :0 t;; =(1) (3 =w ::s ~D::: 2 ~2 0: =c =:E ~:) 5:1: ~w ~:i =c ~ ~2 ~ =1- ~2 =w ~ =:E IIIIi =1- .... =D::: ~ ~c ! =a. N =w i!!i ~Q i! 'q: o :c: Q ~ LI.. ~ ...J ~ Lu a1 (!) ~ ~ Q ~ LI.. .........~ c-- =:s:S liafS EE!iEs oLO'OMONO ......OOC"'looaO'lO O'l V 00...... co...... CD ~~......-~~~~ --.u;--- ..... 0000000 1.....~~C"'l~~~M _ 00 00 :s ~ .~ a ~ ~ e:sl:!:l ..... al.OaC"'laNO 1...........oo~OOaO'lM _O'lV ......co......"'" c~~ ~~~N ..... ~ fi e:siE 0000000 .....~~~~~~~ !51- i!j:S ;1 0000000 !5Itit~~~~~~~ i!j::5 etfi a:iE a:: 1&1 u. en z = I- :IE w t: 1&1 Z ::::i ... ~. !E e c II) Z ~ ;; N C 0 51-1-1-1-1-1-~ zzzzzz.- <(<(<(<(<(<(i'!!: a::a::a::a::a::a::jS C9C9C9C9C9C9Q oooooo~ zzzzzZlLI = ::s ZO'lO'lO'lO'lO'lO'lo:t ;;0'l0'l0'l0'l0'l0'l cO'lO'lO'lO'lO'lO'l 5 >-en <(I- a..u:: !E~~W W ca..~aJ>-u =w~llJ!:::Z ~U)WCla::<( ~<(a::z::::>~1-'- llJa..<(uU)z wwenwzw ~~wen_~ i=i=C:::<i!a..w a:: a::<(_::::> a:: wW.JuOi= >><(Oa::w OOU)U)C9a:: .. Z o en c:c 1&1 a:: I- Z 1&1 :IE CII Z 1&1 :IE c:c =1C"'lcoaaaa _<or-or-OT"""NM ~COcoOOO'lO'lO'l c.:tT"""T"""T"""T"""T"""T""" cl.O 1.0 1.01.01.0 1.0 c;- o CD ~ o M ~ ..... ~ o M "'" N- ~ ~Q =CIO ="l"" ~O ~2 =1- =2 =111 ~:i =1- =D::: =c =a. =111 =C - - =... 5C =-' ~w ~:i =c ~ ~2 ~ ~I- =2 =111 ~ =:E IIIIi =1- .... =D::: ~ ~c ! =a. N =111 i!!i ~C i! 'q: o ~ o ~ ...J <( I- o l- (/) W U lr:: ::::> o (/) w lr:: Z <( ::iE ::::> :J: ~ t;; is ::s 'q: t ~ a ~ t;; (3 ::s 2 0: .........~ c-- =:s::5 lEafS i:2iEs 80000 aaaa~ a a 1.0 1.0 - - - ~ NNV-...... ~~~ ..... 00000 I.....~~a~o _ 1.0 II) ::5 .,j.,f ! ~ ~ e:s= ..... 00000 ;.....aa~ao _00 1.(11) ::5 N N- ~.,f 5!i~~ ~ e:siE 00000 .....~~~~~ !51- i!j:S ;1 00000 !5Itit~~~~~ i!j::5 etfi a:iE en I- Z ;:) o CJ CJ Ii( Z ~ = CII a:: 1&1 > o .. Z o en c:c 1&1 a:: I- Z w :IE CII Z 1&1 :IE c:c ... ~ e !E c = ~ - N Z 0 iil-I-I-I-~ zzzz.- <(<(<(<(i'!!: a::a::a::a::jS C9C9C9C9Q OOOO~ zzzzlLI = ::s zO'lO'lO'lO'lo:t ;;0'l0'l0'l0'l cO'lO'lO'lO'l 5 I- en <( w a:: u a::U)- <(::::>> .Joa:: ::::>ww C9Zen i~5<i!w z I Ld~u -~uoz !i!a..~~~ <i!~I-O ZU)U....J oW<(....J -:Ja::<( !:::a..I-....J Cla..Z<( Cl::::>OW <(enu~ =1 a N a a _NO'l......V ~coO'l............ c.:tT"""('l")T"'"'('l") cl.Ol.OCOCO o ~ o o II) .,j ~ ~ '0 I'- Q) Cl lU a. o o II) "",- ~ ~Q =(0 =. ~O =2 =1- =2 =111 ~:i =1- =D::: =c =a. =111 ~C =N = =It: ~I- =(J ~2 ~U =111 =D::: =a. - . =111 =(J ~c =111 ~a. =11. ~O ~III =(J -- =1- =(1) =:) ~-, ~w i:i =c ~2 ~I- =2 =w =:E =1- =D::: ~c =a. =111 ~Q o ~ o N c- ..... I- GO III - Co:) .....C .....::;) eaJ =- =0:: =<1: 1:1.... 1:1.::;) C~ .....~ ZIII ......a. :IE~ = Co:) Zz ...... - :IE~ Clll .....:1: ...... c.::s = = =0 .....0 =N = .. =:! c:.:a ~ ~ -.. .c GO 0 =.. ......U Z 0.. =~ - ~ GO'tS GO~ - ~ :lEt: :lEw =1- ~<I: C Co:) Z - D:: <I: III :I: C) C) C) """ - =0 =CD ~. ~O ~z =1- =z =111 ~:E =1- =0:: =cC =a. =111 =a =N =*1: ~I- ~ =u to;. ~z is ~U ~ =111 ).. =0:: ... =a. ~ -. ... =111 0 =u u ~cC ~ =111 lOI ~a. to;. =11. ~ ~O ~ =111 !'IoI =u II: ~i= =cn =::;) ~.., ~W ~:E =CC ~ ~z ~ =1- ~z =111 ~ =:E .. =1- ... =0:: ~ ~cC I =a. !'IoI =111 ~ ~a is oq: o ~ Q ~ u.. Q ~ u.. ..,J ffi a1 (!) ~ ~ Q ~ u.. .........E;l C-- =:s:S i!!fiifii =iEie LOOOMO r--<oOl~ <0 r-- ~ ~0C7- ;..........~~~~ _ r-- r-- :s ~ ~ !!i 1:5= i..........:e~~~ _<0 ~r-- c~ ~ ..... & l:5iEi 0000 .....~~~~ ~- as:S a: Ii a::l!!!I 0000 ~lilS~~~~ as:S a:& a::E en I- Z ::::) o u u II( z ~ CI D:: W > o -J ~ ~ 12 ;I ~ . ~ C 0 51-1-1-~ zzz... <(<(<(ill C:::C:::C::::e C!)C!)C!)Q 000<: zzzlLI = :e 20l0l0lc::( -0l0l0l =0l0l0l 5 (J) w ::::i i(/)~ 2W(/) --00 ti...Jw ca..- a.. a.. =>ow (J)uC!) Wo<( UI-I- U::O(/) LLIO o a.. a.. .. z o U) II( W D:: I- Z w ::E CI z w :E II( !ill 0 0 0 _NC'?Ol c.lIoor-- c.lIC'?C'?v ClDlD<O o ~ ClO - 2 =0:: II: ~= =aJ -- ~... ~w ~:E =cC ~ ~z ~ ~I- =z =111 ~ =:E .. =1- ... =0:: ~ ~cC I =a. ~ =111 ~ ~a is oq: o ~ o ~ -I <( I- o l- N ~ I- U Z U w 0:: 0- o W () <( W 0- LL o W u i= (f) => ~ .........E;l C-- =:s:S =lii i2Ee 00000 oooo~ 0l0l00 ~ ~ - - ~ LOLO ~~ ..... 00000 i.....~oo~O _ 010 en :s ~ LO- &ri' 21i ~ ~ ~15l 1:5 ..... 00000 i.....o~~oO _Ol oen C~ - ~ ..... LOll) & ~~ ~E 1:5 00000 .....~~~~~ ~- as:S a: Ii a::l!!!I 00000 ~lilS~~~~~ as~ a:& a::E D:: W .... en z II( D:: I- ::E w !: w z - ... -J ~ 12 ~ .... Il) - ~ = 0 51-:-1-1-1-<: zzzzl- <(<(<(<(ii!!; C:::C:::C:::C:::~ C!)C!)C!)C!)ei 0000<: zzzZlLl = :e 20l0l0l0lc::( =0l0l0l0l :C0l0l0l0l 5 ..... :IE C 2 >- C::: <( C::: >-a:l(/) C:::-w .....<(...J :lEC:::I-S:2 Ca:lLL> 2--"" _...JC:::tu>- tizO(/)C::: -<( <( C<(wwC::: 2(/)Za:l I 10- (J)(J)I-7 C:::C:::a..(/) ~~w~ a.. a.....J 0 wWwO C:::C:::I-a:l .. z o U) II( w D:: I- Z w ::E CI z w :E II( !ill 0 00 N 0 _r--r--OlLO c.lIVV..-LO c.lILOLO<OO c<o<o<or-- ~ to;. is ::s oq: ~ ~ a ~ to;. ta ::s 2 II: ~ ~ ~ ... ~ i ~ :e oq: o .........E;lo C-- 0_ =:S:SN =lia::~ i2.ii i.....g II~ r') ... - o co Q) Cl ro a. ..... 0 l!!!iii.....~ E:! . 16 I:5E o ~lilS~ as:S a:5 a::l!!!I o ~lilS~ asi IE en I- Z ::::) o u u II( z ~ CI D:: W > o ~ C 2 - 2 II- Z <( C::: C!) o z = 20l -Ol =Ol 5 >- C::: i~ 2::::i -z ti- c<( 2 I (/) w i= ::::i i= => z o U) II( W D:: I- Z w ::E CI z w :E II( o ... o N ri ... .... Q) .a o "0 o >. ro "'0 '" Q) C "'0 Q) :s: !ill 0 -..- c.lI<O c.lI<O c<O o "'"' o N Ii:: CI: W >- .... I- C'-:tW - Co:) .....C .....=:) c:cm =- C=DI:: =CI: a....1 a..=:) c:c~ ....~ ZW ......A. :.IE~ = Co:) Zz ...... - :.IE = C:CW ::t: .... ...... c.a = = =0 "'"' .... 0 =N = - c=:! c.:. .. G) , .CI C'-:t 0 =.. ......CJ Z~ c=~ _C':I C'-:I"CS C'-:t~ - ~ :.lEt: :.IEw c=1- c.:.CI: C Co:) Z - DI:: CI: W ::t: Q Q Q """ 50 5"lt 5"'"' ~O ~Z 51- 5Z 5W ~:i 51- 5D1:: 5CC 5A. 5W 5C ~ .... is ::s q; ~ ~ 8 ~ .... ~ ::::i 5>- 2 5D1:: It: ~= 5m ~:i ~w ~:i 5C1: ~ ~z ~ ~I- 5Z 5W 9 5:i III;;; 51- ... 5D1:: ~ ~CI: ~ =A. ~ 5W ~ ~C Si q; o ~ Q ~ Q ~ LL.. ..,J ~ UJ ~ (!) ~ ~ Q ~ LL.. .........Q CMlMl =~~ illi2S =iES 00 o tit a. N ~ i..........~g MI 0 ~ N~ Ii tit e:sl5l 1..........8 g MlOO c . ~ .....NN fitlttlt e:siE 00 ..... tit tit ~MI i!i~ ;1 00 ~~tIttlt i!i~ ~fi =iE U) I- Z ::::>> o CJ CJ CI: Z ~ C D:: w > o -l ~ ..... e :IE c C N Z It) - N Z 0 ii~<:; z.... <(~ O:::e C)o 0<:; ZUJ = :e zm"it -m :1m Ii 0:: III :J ~ 0:: o u.. !El~ cO zU -~ ti~ co 0- en w i= :J i= :J .. Z o U) CI: w It: I- Z w :IE c Z w :IE CI: !ill 00 -..- CoD<D CoD<D c<D o tit o o en ,.: tit o o en ,.: tit i'- 50 5Z 51- 5Z 51&1 ~:i 51- 5D::: 5C1: 5A. 51&1 ~Q CO) ... ~ ~ I- ~ CI: a C Cii ~ ~ A. I ~ a = ~ ~ ~ 0 8 ~ !iE ~ ~ it =, ~ Z ::::i 0 ~w 2 U) ~i It: ~ 51&1 -, 5> w 51&1 I- 5D1:: CI: = " lID ~Iii ~ ~:i 5CC ~ ~Z ~ ~I- 5Z 5W 9 5:i III;;; 51- ... 5D1:: ~ ~CI: ~ =A. ~ 5W ~ ~C Si q; o tit o tit ...J <( I- o ~ >- 0::: <( 0::: III :J .........Q CMIMI =~~ !illili =iES <D<D 00 co ~ tit ..... 00 !!~tIt zli .~ 151 e:s ..... 00 ~!~tIt zfi ~iE e:s I- D:: CJ :IE :IE o CJ o """ ~ """ o """ 00 ..... ~ tit ~MI i!i~ ~Ii =l!!!I <D<D ..........00 co = MltIt tit i!i~ ~fi =iE -l ~ ..... e :IE 0) C .. Z It) - N :I 0 Ii~<:; Z.... <(~ O:::e C)o 0<:; ZUJ = :e zm"it -m :1m Ii .. Z o U) CI: w D:: I- Z w :IE C Z w :IE CI: C/) w C/) Z W 0- X w !ElC/) c:J zO -::;: tiw co:: 0- en w ~ <( III W 0:: !ilIa -..- CoDa CoDm c~ <D co tit o tit o tit 50 5"lt ~II) 50 5Z 51- 5Z 5W ~:i 51- 5D::: 5C1: 5A. 5W ~C ~ ... ~ ~ ~ ="'"' a 5U: Cii 51- ~ 5U ::e ~Z :l!j ~u a 51&1 :.. 5D::: ... 5A. ~ ~W ~ 5Co:) ~ ~C !iE -- ~ 5D1:: ... ~m ~ ~C ~ 5Z ~ ~CI: It: ~C 5C1: 50 5D1:: ~w ~:i 5C1: ~ ~Z ~ ~I- 52 5W 9 5:i III;;; 51- ... 5D::: ~ ~CI: ~ =A. ~ 5W ~ ~C Si q; o tit <D co tit ...J <( I- o I- W ~ Z W > W 0::: 80 ...;".....Qoo CMIMI o.q =C~ON II; E~ '" ~ - o uaa j e:sl!l ;..........88 MlOO C - . .....ON fi~w- A. Z e:s- 00 ..... w- tit ~MI i!i~ ~Ii =l!!!I 00 ~~W-~ i!i~ ;1 ..... :IE C Z - Z C Ii~~ zz <(<( 0::0:: C)C) 00 zz D:: w u. U) Z = I- :IE w t: w z :i = Zmm -mOl :lmm Ii C/) w :J !El~ =C/)C/) _ww tiC)1Il c9~ 0:: Cl 0 IIlZ ~ ~ <( ~ Cl C/) M <( w ~ o 0:: Qj 0:: i= -g 1:5 o !ill 0 0 :>; _"-N C1l CoD 10 10 1il CoDMM Q) C1010 .g Q) ~ .. Z o U) CI: w D:: I- Z w :IE C z w :IE CI: o 't"" o N Ii:: 4 11,I >- .... I- ~w - C) ..C ..:J em =- =~ =4 a....J a..:J e~ ....~ zw ......D. :::&:~ =C) Zz ...... - :::&:= ew ....:E: ...... c.a = = =0 ....0 =N = ~ =~ c.::I .. , Q) ~.g =.. ......CJ z~ c=~ - ~ ~"CI ~l!! _ :s :::&:~ :::&:w =1- c.::I4 c C) Z - ~ 4 11,I :E: Q Q Q ..... =0 =. =11) ~o ~z =1- =z =11,I ~:i =1- =~ =4 =D. =11,I =Cl "" ... - ~ !ll:'" ~ ='t"" Ci =u: ii; =1- ~ =CJ ;!5 ~z ; __ Ci =CJ U =11,I ). =~ ... =a. ~ ~w ~ =C) "" ~Cl ~ ~ii2 ~ ~ID l3 ~c g =z ~ ~4 It: =c ~4 =0 ~~ ~w ~:i =4 t:: ~z ~ =1- ~z =11,I ~ =:i """ =1- ... =~ ~ ~4 i =a. !'OIl =11,I ~ ~Cl !ii ~ (:) :c: Q ~ u.. Q ~ u.. ..J ~ LIJ fjj (!) ~ ~ Q ~ u.. ........tiJ c-- =:s:S III 0000000 0000000 00...... Ol<OOlII) ON-e-?~NI'--~ ...... ~ ff} ff} ff} ff} ff} ~~ ..... 0000000 ~""'000ff}ff}00. _00...... 010 iONe-? ~M z ......ff}ff} ff}N 101OI ff} ~ A.l!l i:5 ..... 0000000 ;.....ff}ff}ff}00ff}0 _ Ol<O II) C I'--N N ..... ff}ff} N ~ii ~ i:5iiE 0000000 .....ff}ff}ff}ff}ff}ff}~ !i5l- as:S ~5 a::l!l 0000000 ~~ff}ff}ff}ff}ff}ff}~ as::i5 ~ii a::iiE llI:: w LL. en z ~ I- :i III !: w z :i -J ~ 12 I'.. """ II) - N Ii!! 0 III-I-I-I-I-I-~ zzzzzz.- <(<(<(<(<(<(~ o:::o:::o:::o:::o:::o:::~ (9 (9 (9 (9 (9 (9 is 000000:;: zzzzzzUJ c=:!E ZOlOlOlOlOlOlc:( =0l0l0l0l0l0l :C0l0l0l0l0l0l II !IE C Z w a.. C/) ....J <( ....J W <( 0::: a:l (9 wwC/) :::J 000 !!!!!w zzz 3!5C/) <(<(::::> -w zzo z_ C/)wwo::: _0 ::::>1-1-(9 ti:::J O~~O::: Co W<(<(- UJ Z:2::2:it z Swwch ....J ujQQQ; Ow oC/)C/) <( ~9::~~~fu (90..:2:000::: z o en II( w llI:: I- Z w :i Q Z w :i II( ill 0 0 0 0 0 00 _VOONI'-I'-LO ~LOLOOl(")(")V ~(")(,,)(,,)VVLO C LOLO <0 <0<0<0 j[ o o II) ~ o o o M N ~ o o II) N N ~ ~o =11) =11) ~o =z =1- =z =11,I ~:i =1- =~ =4 =a. =11,I ~Cl C'Il ... ~ ~ ~ =N g ~u: 2i =1- :s =CJ ~ ~z ~ ~u U =11,I ). =~ ... =a. ~ ~w ~ =C) "" ~Cl ~ ~ii2 ~ ~ID l3 ~Cl g =z ~ ~4 It: ~c =4 =0 ~~ ~w ~:i =4 ~ ~z ~ ~I- =z =11,I ~ =:i """ =1- ... =~ ~ ~c i =a. !'OIl =11,I ~ ~c !ii ~ o ~ o ~ -I < I- a I- ..... :u: I- () Z U w IX: c- I W C) c Q: III C Z < C < a IX: ........tiJ C-- =:s:S il55 i:iiEe 00000 oooo~ 0(")......<0 - - -ff} o<O(")~ ...... ff} ff} ff}~~ ..... 00000 1.....0 ff}ff}ff} 0 _0 0 :So 0 .....6~ ~ A...... i:5= ..... 00000 ;.....ff}0000 _ (")......<00 C - -ff) - ..... <0(") 0 a:: ff}ff} ..... .....g ~ A. Z i:5- 00000 .....ff}ff}ff}ff}~ !i5l- as:S ;1 00000 ~~ff}ff}ff}ff}~ as i ' ~z a:: _ llI:: w LL. en z ~ I- :i III !: w z :i -J ~ 12 CCl """ II) - N Ii!! 0 III-I-I-I-~ zzzz!:; <(<(<(<(i':'; o:::o:::o:::o:::~ (9(9(9(90 0000:;: zzzZUJ c= :!E ZOlOlOlOlc:( =0l0l0l0l :C0l0l0l0l II ..... ::& C Z (/)(/) WW -ow ....J-O ..... o..S,2z ::&wg,~<( ;!oC/)wifj _~wo..l- tio:::(9U5Z c::::>Qw:< (/)0:::0:2: ~a:lt.5w o..a(l!=O ::::>OO(j) O<(WI- 0:::0(/)::::> (90:::~0 .. z o en II( w llI:: I- Z III :i Q Z w :i II( ill 0 0 0 0 _N......(")I'- ~OlLO<O(") ~......(")(")v CLOLOLO<O o ~ o o o o ..... ~ <"l ~ '0 o ~ Q) en III a. o o o o ..... ~ =0 =CD ~II) ~o =z =1- =z =11,I ~:i =1- =~ =4 =a. =11,I ~Cl =C") =u: =1- =CJ ~z ~u =11,I =~ =a. - . =11,I =C) ~c ~ii2 ~ID ~Cl =z ~c ~c =4 =0 ~~ ~Iii ~:i =4 ~z ~I- =z =11,I =:i =1- =~ ~4 =a. =11,I ~c o ~ o N c. III "0 III Q) l: "0 Q) S o ~ o ~ -I < I- a l- N :u: I- () Z U w IX: C- o W C) c Q: III C Z < C < a IX: o 't"" o N i 4 w > ..... to- ~w - C) ....C ....:;) CaI =- =0:: =4 ~... ~:;) C~ .....~ zw ......a. :I!S~ =C) Zz ...... - :I!S~ Cw :t ..... ...... c:.:I = = =0 't"" ..... 0 =N = - =:! c.:a .. .... C1I ~.g =.... ......CJ Z~ =~ _ ca ~"D ~~ _ :s :I!S~ :l!Sw =t- c.:a4 C C) Z - 0:: 4 w :t ,. " c::> c::> c::> """ 50 5U) ~It) ~O ~z 51- 52 5W ~:E 51- 5D:: 5CC 5a. 5W 5C o ~ Q ~ u.. ~ u.. -I ~ Lu Gj (!) ~ ~ Q ~ u.. CO) .... ~ !i ~ 5C") g 5=1:1:: ~ ~I- ~ 5U !II=: ~2 ~ ~U U 5W ). 5D:: .... 5A. ~ -. "'" 5W ~ 5C) ... ~C ~ ~;: I;;; ~m l3 ~a ~ 52 ~ ~4 Q: 5a ~CC 50 ~D:: ~w ~:i 5CC ~ ~z ~ ~I- 52 5W ~ 5:E ~ 51- .... 5D:: ~ ~CC ~ =a. !"'I 5W i!!; ~a ~ 'q: ........1;1 e-- =:s:5 =513 CCiEe <OeD 00 00 ~tIIt if'~ i::S= .... CDeD =....0000 _ tilt tilt e .... ~I i::S- ... Ill: CJ :E :E o CJ o ... ~ ... - o ... ... e( a ~ a. a. e( U) ~ a. o . o CJ U III ... III Z o U) ~ CJ e( "7 III = ID III Ill: 00 .... tilt tilt !!!!I- CS:5 ~5 =I!!!l 00 ~lilEltllttllt CS:5 ~Ii =iE .... ~ .... e ::& OJ e .... Z It) - N = 0 51-~ z.... <(iij O:::s C)Q ~~ = :s zmc:t -m =m 5 CI) w ::::i ....a.. ::&a.. e::::l zCI) _ w tI(9 cO ii: co ~ o <( o 0:: z o U) e( III Ill: ... Z III :E a z III :E e( !Ii 0 -..- c.Illt) c.IlC") elt) ~ I;;; is :s 'q: ~ ~ a ~ I;;; l3 ::5 {iT Q: ~ ~ ~ .... ~ I ~ :e 'q: ........1;1 e-- =:s:5 !E5f5 C2iEe 000 o 0 tilt ..- ..- ~E17 .... 000 =....EI700 Z i- (i; ;; lit i::S .... 000 a.... 0 tilt 0 - ..- ..- eE17 tilt .... lit I i::S- U) ... z :) o CJ CJ e( Z ~ a Ill: III > o .. z o U) e( III Ill: ... Z III :E a z III :E e( 000 .... tilt EI7 tilt ~- CS :5 . ~I 000 ~lilEltlltEl7t11t CS:5 ~Ii =iE .... ~ e Q N It) - N = 0 51-1-~ ZZ.... <(<(iij 0::0:::s C)C)Q OO~ ZZlLJ = :s zmmc:t -mm =mm 5 .... ::& e Z CI) w ::::i ....>-It ::&<(::::l ;la..CI) _ww tI(J)(9 e<(o co_ wO:: 2CO f=~ 0::0 w<( >0 00:: !EI C") 0 ...."r"'""'r" c.IlCDIt) c.Il"-C") elt)lt) CD 00 ~ o o .... tilt eD 00 .... tilt ~o 5..... ~It) ~O 52 51- 52 5w ~:E 51- 5D:: 5CC 5a. 5W ~a 5'llt 5=1:1:: 51- ~ 5U ~ ~2 S ~U 'q: 5W ). 5D:: .... 5a. ~ -. "'" 5w ~ 5C) ... ~a ~ -- L- 5D:: ... ~aI l3 ~a ::5 52 {iT ~CC Q: ~a 5CC 50 ~D:: ~w ~:i 5CC ~ ~z ~ ~I- 52 5W ~ 5:E ~ 51- .... 5D:: ~ ~4 ~ =A. !"'I 5w i!!; ~C i! 'q: o tilt o tilt ..J <( I- a ?- M =It I- U Z (3 W c:: 0.. I W C) c ii: a:I C Z <( C <( a c:: ........1;1 e-- =:s:5 !Ef5f5 C2iEe 6600 0000 0000 lli"':cxiN" 6f7 fF)- oc- T""" '-"'-"EA-~ I.... .... ~ ~ g ~ _ 0 :s . cxi 5 (i; i::S~ <"l ~ - o ~ ~ Q) Cl ClI c.. I.... .... g g ~ g _00 0 e - - - ....It)..- C\! Ii tilt tilt (i; iE 0000 ....EI7E17t11ttllt ~- CS:5 ~f5 =I!!!l 0000 ~lilEltllttllttllttllt CSi ~z =- U) ... Z :) o CJ CJ e( Z ~ a Ill: III > o liE e Z - = 51-1-1-1- ZZZZ <(<(<(<( 0::0::0::0:: C)C)C)C) 0000 ZZZZ = z_ m m m m _mmmm immmm CI) w ::::iCl)CI) a..ww g,::::iQ Cl)a..o liE _a..f= e CI)::::lCl) Z I-CI)w _ O::wa.. tI ~(9U3 e>->-Qw 0::0::0::0 <(wcou O::Z~- 0- I- a..IOO 20<(W w<(oCl) 1-20::~ .. z o U) C III Ill: ... Z III :E a z III :E e( o ~ o N C'i ~ Qj ..c o t) o :>. ClI "0 III Q) r::: "0 Q) $: !EI 0 0 0 0 _"<t..-..-C") c.Illt)C\!It)CD c.Il"-C")C")C") elt)lt)lt)lt) o "l'" o N ~ 4 w >- ..... I- u::.w - C) ....c ....::) C~ =- =CI::: =4 I:L.... I:L.:) C~ .....~ zw I.I.ID. ::IIE~ =C) Zz 1.1.I - ::lIE = Cw ::t ..... 1.1.I c:.a = = =0 "l'" ..... 0 =N = ~ =:: c:..:a lo. CI) .... .Q u::. 0 =.. l.I.Iu Z~ =~ - ~ u::."C u::.~ - = ::IIE~ ::IIEw =1- c:..:a4 C C) Z - a:: 4 w ::t ~ :.r:: Q Q Q "t- ~o 51'- ~It) ~O 5Z 51- 5Z 51&1 ~:E 51- 5C1::: 54' 5A. 51&1 5a 5'll1t 5=1:1: 51- ~ 5U ~ ~Z S ~(j ~ 51&1 ). 5C1::: .... 5A. ~ -. "" 51&1 ~ 5C) "" ~a ~ ~ii ~ ~~ {3 ~a :s 5Z 2 ~4 It ~a 54 50 ~CI::: ~W ~:E 54 ~ ~Z ~ ~I- 5Z 51&1 2 5:E ~ 51- .... 5C1::: ~ ~4 ~ =A. !'II 51&1 :r:; ~a ~ ~ (:) ~ Q ~ Q ~ ...,J ffi Gj C) ~ ~ Q ~ LL. o .... ..... CiJ ~ C-- =iSiS !E!i!i CCiEe I..........g _ 0 is cO a..1~ i:S i..........g _0 C ~ .....00 !i~ i:SiE o !5l1i'5~ i!jiS ;1 o !5l1i'5~ i!ji liE U) ~ Z ~ o CJ CJ C z :c = CI Ill: W > o .... ~ o !iiJ!.... CO z~ - C'I Zo ce: Iii.... ~ Q ~ c=== z'Cl: - Z C II !iiJ! C Z - ~ ~ C z o U) c W Ill: ~ Z w :E CI z w :E C II o ~ o o o cO .... ~ o o o cO .... ~ 50! 5CD , 51'- ~O 5Z 51- 5Z 51&1 ~:E 51- 5C1::: 54 5A. 51&1 ~a ~ ~ is :s ~ ~ ~ a ~ ~ {3 :s ~Ii. 2 51i. It ~ii 51&1 5::t ~U) ~w ~:E 54 ~ ~Z ~ ~I- 5Z 51&1 2 5:E ~ 51- .... 5C1::: ~ ~4 ~ =A. !'II 51&1,:r:; ~a'iS ~ o ~ o ~ ...J <( l- e I- ~ l- t) Z C3 w ~ a.. I w Cl c ii2 al C Z <( C <( e ~ .........CiJ C-- =iSiS !E!i5 CCiEe 00'0'00'0 ooooo~ ooMCO<OM - fit - fit fit M___M __ fit ~ ..... 000000 1.....0 fit fit 0 fit 0 _co <0 ~ is c0 fIt~- !iflt ~ a..l!!5l i:S ..... 0 0 '0 0 0 0 ~.....fltOOfltOO i- ~co_ ~~~ M ~ i!i fit ~ a..iE i:S 000000 .....fltfltfltfltflt~ !5l- i!jiS ;1 000000 !5lli'5f1tfltfltfltflt~ i!j:=5 ~!i =iE U) ~ z ~ o CJ CJ C z :c = CI Ill: W > o .... ~ ~ ~ It) _ C'I := 0 III-I-I-I-I-~ zzzzz.... <(<(<(<(<(~ 0::: 0::: 0::: 0::: O::::i (!)(!)(!)(!)(!)Q oooooe: zzzzzUJ c= :E zCl)Cl)Cl)Cl)Cl)'Cl: !::Cl)Cl)Cl)Cl)Cl) ijCl)Cl)Cl)Cl)Cl) I:::z W (/')::::> (/') WO <( We.) W u..u.. 0::: ZO (!) (/')91- II!!!OJ 0:::1-::::> 2 -<(0 C(/') <(0:::...J z!:!:! 8J1-(/')w _ 0 > ti:::J o:::a<( Co ~wo::: __(/')_0:::1- ~2b(!)(!) ::J0:::2~~ oOozz (/')!:!::I-<(<( <(Z::::>o:::o::: (!)::::><(I-I- !iiJ! C z .. z o U) c W Ill: ~ Z w :E CI z w :E C =1 0 Ii) 0 0 <0 _~Cl)<O"""""" ~1i)Cl)MMM ~MMO<O<O CIi)Ii)<O <0 <0 o 0 ~ ~ o C'I ~ ~ ~- It)- ~ en ~ o co o co ~ co ~ - It') ~ en ~ o 0 ~ ~ o co ~ co ~ ...J .... ;:! ~ ~ ~ ~ ~ ::J: .... t/) 'Cl: ffi ~ C) Q "t- ee ('I (:) ~ Q ~ LL. - ~~ 5~ 5~ ~o ~Z 51- 5Z 51&1 ~:E 51- 5C1::: 54 5A. 51&1 ~a - - Q) Ol III a. '" ~ ..... o N ~ Q ~ .... 0::: o a.. e: oq; ~ ~ ~ LL. 51- ~Z =1&1 ~:E 51- 5C1::: 54 5A. 51&1 ~a ~o ~Z ~w ~:E 54 ~Z ~I- 5Z 51&1 5:E 51- 5C1::: ~4 =A. 51&1 ~a o <; N '" ~ Q; .a o "0 o >; III "0 (/) Q) <:: "0 Q) $: o "t- O N Ii:: ~ w >- .... ~ ~w - Co:) ....C ....:) em =- =0::: =~ ca...J ca..::) e~ ....~ zw ......13- :IE:: = Co:) Zz ...... - :IE~ ew ....::t ...... c:.a = = =0 ....C; =N = - =;! ~ .. Q) -.. .Q ~ 0 =.. ......u Z~ =~ _1':1 ~'C ~~ - ~ :IE;: :lEw =~ ~~ c Co:) z - 0::: ~ w ::t ....YOII:iJ Soaoo 0 0 ~ c 00000 ~ ~ ~ c-- 10 10 10...... <D =~~ -~ - -~ 't""""__T-'t""""_ III ...... ...... EI7 - ~ EI7 - - M ~ - 0 c ('f 0 0 c co M CD CD C") ~ N ('f" eci' (\) .... .... c C> 0 C\l ~ ~ .... a. """ ~~ ~ co C'I =~ '. ~~ YoI 00000 0 0 c co 0 i~oo~~o 0 0 c co - .. _1010 <D CD CD co ~ ~ ~o ~ ......-E17 EI7 N N" ('f" ~" Q =2 !i~ .... .... ,.. ~ ~ ~ .... ~ =~ ~iE ~ LI.. =2 =w 00000 0 0 c c ~:E !!lll:i!lEl7E17E17E17E17 ~ ~ ~ ~ =~ !5~ =D:: ;1 =cc =13- =w 00000 c co ~c 0 0 !!lll:i!lEl7E17E17~E17 ~ ~ ~ ~ !5::5 ~!i =iE - .... ..J .... ~ ~ ~ - ~ .s ~ 0 ~ ~ YoI ~ t;;; :IE c ~ ~ 'tJ ~ c ~ s:: z z e ::) .... ('f w CJ oq: z 0 :::aE c ~ 5 I- ~ ~,I- ~ :i!:: ~ ... Q: 25 zzzzz ... ~ ~ <(<(<(<(<( ~ ~ 0::0::0::0::0:: W ~ a c:>c:>c:>c:>c:> ::e c U) 00000 ~ 0 c:t =~ ~ to- zzzzz ~ z ~z z = =w t;;; ::)' ::0)0)0)0)0) c:t =:E 13 0 zO)O)O)O)O) =~ CJ cO)O)O)O)O) ::) CJ 5 =D:: 2 C =c 0:: =13- 0: Z <( =w lC a.. = w ~c 0:: Q ~o Q ~ D:: z ~ sZ w .... w > :lECI)~ LI.. ~w 0 :lo::-CI)CI) .... -::::lwO:: ~:E ....<(0 - 0::: ~ tila..w~<( 0 =cc z cw>::~fu ~ ~z ~ 0 O::o::wO:: 0 ~~ U) C:>WCl)>-CI) 0 C zZo::<(W N ~ =Z ~ w OIwsE M =w D:: ::::!UIZ::::! ~ ::::l<(I-::::l~ Q; =:E ... to- CD 2 00::::::l .0 =~ Z 0 ~ '0 ~ =D:: w 0 ~c ! ::!iE =1 0 0 0 0 0 ;>; ~ Q ....NMNNO C\l =a. z ~IOIOM<D<D ''0 ! ~OMVIO<D III =w (\) W c<D<D<D<D<D c: SC :! ::!iE '0 (\) oq: c :s: "